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Agenda Packet 10-06-2009
_ s~ . _ ~ • s • • ~ ILiCiii~ii~tliiiitliitii[3~ililif[~iC{31{itiiitilt~liiti~ltiiiil~illiligiiiilltiR~littiiti3illtEilUftiiiiiil~jitilllli~ltgitliGttR[filliil3i~tlHltiiiittil( 1if1ti1it8titit~tiliYiCf~~[(ilYitiit~l October 6, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 10/5/09 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 may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or 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 r~ior 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 respecfful 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. • October 6, 2009 ~ 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org tliiliiiK{Nliitii[iitiiiiiliiiiiifiiiiiiil~(iifitNHiilltiiiiiittiitliWiiltiiti~i(Iiltttliiilitiillillitliilitli~titititliquliil~Itititifiibiiitlttitiiliiiiitliiliiiiitiitiitl~iiiiiiiiiitiiitii3Aii Paula A. Lewis, Chair District No. 3 Charles Grande, Vice Chair District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No.1 Chris Craft District No. 5 H~tiiiliilf111llHAlllRlitti[iiiiii[i#Illf itilittiiilltli111Ill~itiii11111ll1i1ll111t1111H11IUi11ttltlUiNittiiiitiiitililll3 HI1t1ii111H$iiRii3[iiiiliiiii(iiiiltiiiiiitIIiitilil lii[{fiiiiitiiitit I. INVOCATION 11. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the September 22, 2009 meeting. Approve the minutes from the September 22, 2009 Final Budget Public Hearing meeting. IV. PROCLAMATIONSIPRESENTATIONS A. There are no proclamations/presentations scheduled for October 6, 2009. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA /Cl' ~~)/S~i7~ /~tC ,f~~Cr ~ ~C'i%t S A WARRANTS ,1 ~ ~ ~ (~fy, C ^ Approve warrant list No. 52 and 53. ( u (~r'- J B. COUNTY ATTORNEY 1. Donation of Property -Paradise Park Stormwater Improvements -Taylor Creek Associates, Ltd. -Parcel ID 1433-440-0005-010/3 -Resolution No. 09-283 Consider staff recommendation to accept the Fee Simple Deed, authorize the Chair to sign Resolution No. 09-283 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 2. Revocable License Agreement -Cameron and Michelle Dewhurst - 260 NE Solida Drive - River Park Consider staff recommendation to approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and direct Mr. & Mrs. Dewhurst to record the document in the Public Records of St. Lucie County, Florida. 3. General Services Administration -Supplemental Lease Agreement No. 4 for Trailer Storage at Fairgrounds Consider staff recommendation to approve the proposed Supplemental Lease Agreement No. 4 with the General Services Administration, and authorize the Chair to sign the agreement. B. COUNTY ATTORNEY CONTINUED 4. Resolution 09-268 - A resolution authorizing the Escambia County Housing Finance Authority to operate within the boundaries of St. Lucie County on behalf of St. Lucie County and the Housing Finance Authority of St. Lucie to finance qualifying single family mortgage loans; approving form and execution of an Interiocal Agreement between the Authority and the Escambia Authority; approving the issuance of not exceeding $300,000,000 single family revenue bonds on behalf of St. Lucie County. Consider staff recommendation to adopt Resolution No. 09-268 as drafted and authorize the Chair to sign. 5. Donation of Right-of--Way - Denedios Holdings, LLC - 10 feet of right-of--way on Hammond Road -Resolution No. 09-293 Consider staff recommendation to accept the Warranty Deed, authorize the Chair to sign Resolution No. 09-293 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 6. Second Amendment to the following Contracts: Callaway & Price, Inc. (C06-08-554) Deighan Consultants (C06-08-553) East Coast Appraisers & Consultants (C06-08-511) Fuller-Armfield-Wagner Appraisal & Research, Inc. (C06-08-512) Consider staff recommendation to approve of the Second Amendment to the following contracts: Callaway & Price, Inc. (C06-08-554), Deighan Consultants (C06-08-553), East Coast Appraisers & Consultants (C06-08-511), and Fuller-Armfield-Wagner Appraisal & Research, Inc. (C06-08-512) extending the contracts through August 21, 2010 and authorization for the Chair to sign the Amendments as prepared by the County Attorney's office. 7. Florida Communities Trust -Harbor Branch Preserve/FCT Project 07-027-FF7 - Amendment to Option Agreement for Sale and Purchase Consider staff recommendation to approve the Amendment for Sale and Purchase of the Harbor Branch Preserve parcels, authorize the Chair to execute the Amendment and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. 8. Lease Agreement with Sundancer's Radio Control Club, Inc. l ~ ~ ~W Consider staff recommendation to (a) adopt Resolution No. 09-297 and authorize the t1` Chair to sign the Resolution; and, (b) authorize the Chair to sign the Sublease Agreement t 2iy~~-with Sundancer's Radio Control Club, Inc. to lease approximately 80 acres, described in r~ ~V Exhibit "A" as approved by the County Attomey. C. AIRPORT 1. Airport West Commerce Park Sanitary Sewer Grant No. LP8991, Amendment 1 Consider staff recommendation to approve of FDEP Grant No. LP8991 Amendment 1 for the Airport West Commerce Park Sanitary Sewer and authorization for the Chair to sign the document as approved by the County Attomey. C. AIRPORT CONTINUED ~ 2. Change Order No. 6 for the Second Phase of the New Runway and Taxiway Consider staff recommendation to approve of Change Order No. 6 for Dickerson Florida, Inc. on the second phase of the New Runway and Taxiway Project increasing the total project cost by $67,277.82 from $3,966,924.19 to $4,034,202.01 with an increase in the contract time of 3 days to August 24, 2009 and authorization for the Chair to sign the document as approved by the County Attomey. 3. Resolution No. 09-296, Florida Department Transportation (FDOT) Joint Participation Agreement, Storm Water Pollution Prevention Plan (SWPPP) Update Consider staff recommendation to approve of Resolution No. 09-296 accepting the FDOT Joint Participation Agreement in the amount of $80,000 for the Stormwater Pollution Prevention Plan (SWPPP) Update and authorization for the Chair to sign the document as approved by the County Attomey. D. PULLED PRIOR TO MEETING ADMINISTRATION l:~' Tourist Development Council Capital Grants Program 2009 - 2010 t_ ~ Consider staff recommendation to approve Tourist Development Council Capital Grants Program 2009 - 2010... implementation and application, per the attached memorandum. E. PUBLIC WORKS Contract extensions with Taylor Engineering & Dredging and Marine Consultants. Consider staff recommendation to approve of the fourth extension to contract C04-12-563 with Dredging and Marine Consultants, LLC., and contract C04-07-658 with Taylor Engineering, Inc. extending the contract through December 31, 2009 and authorization for the Chair to sign the documents as prepared by the County Attorney's office. F. INVESTMENT FOR THE FUTURE Bid Waiver and sole source determination -Siemens Building Technologies. Consider staff recommendation to approve of bid waiver and sole source determination for Siemens Building Technologies to install the APOGEE energy management system at the St. Lucie County Health Department, located on Avenue C, at a cost of $128,655, reallocate Investment for the Future Funds in the amount of $30,000, and authorize the Chair to sign the documents as approved by the County Attomey. G. MANAGEMENT AND BUDGET 1. Request for Qualifications 09-060, Civil Engineering and Land Planning Services for the Treasure Coast Research Park Consider staff recommendation to approve to reject all responses, revise scope of services and re-advertise Request for Qualifications 09-060, Civil Engineering and Land Planning Services for the Treasure Coast Research Park G. MANAGEMENT AND BUDGET CONTINUED 2. Supervisor of Elections Advance Request Consider staff recommendation to authorize approval of the Supervisor of Elections request for 25 percent ($655,355.75) of the total FY10 budget and thereafter, 6.82 percent per month. 3. Tax Collector Advance Request Consider staff recommendation to approve the Tax Collector's request for an October commission advance in the amount of $675,000. PUBLIC HEARINGS VII. A. COUNTY ATTORNE , ~L y ~ ~ ~ 2Ci~h~~~~ 6h.COJ ~e.i'~~C,~taGt~~~(/124I ~C•~i c~ ~ (~Q• ~L ~ u~,,Yf~~-u~e0r ~"h.cr~50 00~. p 4~~µJ~ r J -{i Ordinance No. 09-02 - mending ec ion A)(2~ oie~ ~'an~ Development Code ~e ~ d o~~c6 ~ ~r~iL~- ~ Re uirement for Permit; Exemptions !7-C? ~o~~ ~rn fo ceQ~rW e/ Consider staff recommendation to approve to adopt Ordinance No. 09-025 as drafted and authorize the Chair to sign. VII. B. COUNTY ATTORNEY _j' Ordinance No. 09-028 -Establishing Airport West Commerce Padc Leasing Standards and r~L~1 ~U Procedures Consider staff recommendation to approve proposed Ordinance No. 09-028 as drafted. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. COUNTY ATTORNEY n v Resolution No. 09-292 Asking the Federal Government to St~p Discharging Pollutants and Excess Water Ui~ into the St. Lucie River and Estuary System Consider staff recommendation to approve to adopt Resolution No. 09-292 and authorize the Chair to sign the Resolution. IX. COUNTY ATTORNEY . , G~L Interlocal Agreement between St. Lucie County and Fort Pierce Utilities Authority (Juanita Bridge) ~ ~ ~ ~~onsider staff recommendation to approve the Interlocal Agreement and authorize the Chair to sign the Agreement. X. COUNTY ATTORNEY Rural Lands Stewardship Based on prior Board direction, Staff recommends the Board direct staff to initiate the process of amending the County's Comprehensive Plan to delete the RLSA amendments. Staff also recommends that the Board authorize the Growth Management Director to send the attached letter to the owners of the sending and receiving areas. XI. COUNTY ATTORNEY l Application of Grove Land Utilities, LLC to Operate a Water and Wastewater Utility to Provide Services in a r Portion of St. Lucie County Consider staff recommendation to authorize the County Attomey to file the Objection with the Florida Public Service Commission. XII. ^ COUNTY ATTORNEY r ~~,/P_~ Application of Bluefield Utilities LLC to Operate a Water and Wastewater Utility to Provide Services in a Portion of St. Lucie County ~k' r~~~~, Consider staff recommendation to authorize the County Attomey to file the Objection with the Florida Public ~~yr~~ Service Commission CJ XIII. ANNOUNCEMENTS 1. The St. Lucie County Master Gardener 26~ Annual Plant Sale will be on Saturday, October 10, 2009 from 8:00 a.m. to 2:00 p.m. at the St. Lucie County Extension 8400 Picos Road, Fort Pierce. For more information please call 772-462-1660. 2. There will be a public information Workshop on the Airport Master Plan Update on Thursday, October 15, 2009 from 5:30 p.m. to 7:30 p.m. at the Havert L. Fenn Center. 3. There will be a Joint meeting with the City of Fort Pierce, Fort Pierce Utilities Authority, City of Port St. Lucie and the Board of County Commissioners on Friday, October 16, 2009 at 2:00 p.m. in the St. Lucie County Commission Chambers. 4. The Board of County Commissioners will hold the October Informal Monthly Meeting on Tuesday, October 27, 2009 at 1:30 p.m. in Conference Room #3. 5. The Board of County Commissioners will hold a Workshop with Fort Pierce Farms on Monday, November 2, 2009 at 10:00 a.m. in Conference Room #3. 6. The 24th Annual Muster at the National Navy SEAL Museum will take place November 5"' -7m. Events include aerial demonstrations, free open house and more. For more information please visit www.navysealmuseum.com or call (772) 595-5845. The National Navy SEAL Museum is located at 3300 North A1A, North Hutchinson Island -Fort Pierce. 7. The Board of County Commissioners will hold a Joint Workshop with the South Florida Water Management District on Monday, November 9, 2009 at 1:30 p.m. in Conference Room #3. 8. The Board of County Commissioners will hold the 2009 Strategic Planning Session on Thursday, November 12, 2009 from 8:00 a.m. to 5:00 p.m. and on Friday, November 13, 2009 from 1:00 p.m. to 4:00 p.m. at the Havert L. Fenn Center in Room B. i=~ ~ ~ NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any abfion 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~xamine 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~ight (48) hours prior to the meeting. - ~ iitliliTi{iiltiitiliiiltiiti~iiiiti~ittilillUti111#tlliti[iiitiilliiliilitllit~t[litii#ilfiliiii111U1tlli~ili~ipitiitiitilt~liitikiiltitliitiititit~iiltilit311lliittit~iiitlti~iiittitiiillit~iiiiiia October 6, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 1015109 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 may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or 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 r~ior 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. October 6, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org iltiii~iiilililliiitilltii~ilthiitlii![iiGiii3t~i{Iiliilliii~#Fi#iiiiiiliiilliiiiiUlfii~iiiitili~tElWlfl)Uiltii[(i~BWitt11l3ttiitiiiiililtiiPliiiii[iiL~tltiliili111id1iwl~tuil~iHi~3 Paula A. Lewis, Chair District No. 3 Charles Grande, Vice Chair District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No. 1 Chris Craft District No. 5 iiiirtilliititri~Iil(ltfiiiliiiiiliiliiiltti~iiitlit[fit~tiill[titiiliifti1111liitliliiliit~iil~itlttlllil~liltiii~iiiiil~tili~iiifitiitNii~i~ItEi~liliili~fiii{i~#Uiiiiiiiitiilfiiiiit~3iii I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the September 22, 2009 meeting. Approve the minutes from the September 22, 2009 Final Budget Public Hearing meeting. IV. PROCLAMATIONSIPRESENTATIONS A. There are no proclamations/presentations scheduled for October 6, 2009. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 52 and 53. B. COUNTY ATTORNEY 1. Donation of Property -Paradise Park Stormwater Improvements -Taylor Creek Associates, Ltd. -Parcel ID 1433-440-0005-010/3 -Resolution No. 09-283 Consider staff recommendation to accept the Fee Simple Deed, authorize the Chair to sign Resolution No. 09-283 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 2. Revocable License Agreement -Cameron and Michelle Dewhurst - 260 NE Solida Drive - River Park Consider staff recommendation to approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and direct Mr. & Mrs. Dewhurst to record the document in the Public Records of St. Lucie County, Florida. 3. General Services Administration -Supplemental Lease Agreement No. 4 for Trailer Storage at Fairgrounds Consider staff recommendation to approve the proposed Supplemental Lease Agreement No. 4 with the General Services Administration, and authorize the Chair to sign the agreement. B. COUNTY ATTORNEY CONTINUED 4. Resolution 09-268 - A resolution authorizing the Escambia County Housing Finance Authority to operate within the boundaries of St. Lucie County on behalf of St. Lucie County and the Housing Finance Authority of St. Lucie to finance qualifying single family mortgage loans; approving form and execution of an Interlocal Agreement between the Authority and the Escambia Authority; approving the issuance of not exceeding $300,000,000 single family revenue bonds on behalf of St. Lucie County. Consider staff recommendation to adopt Resolution No. 09-268 as drafted and authorize the Chair to sign. 5. Donation of Right-of-Way - Denedios Holdings, LLC - 10 feet of right-of-way on Hammond Road -Resolution No. 09-293 Consider staff recommendation to accept the Warranty Deed, authorize the Chair to sign Resolution No. 09-293 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 6. Second Amendment to the following Contracts: Callaway & Price, Inc. (C06-08-554) Deighan Consultants (C06-08-553) East Coast Appraisers & Consultants (C06-08-511) Fuller-Armfield-Wagner Appraisal & Research, Inc. (C06-08-512) Consider staff recommendation to approve of the Second Amendment to the following contracts: Callaway & Price, Inc. (C06-08-554), Deighan Consultants (C06-08-553), East Coast Appraisers & Consultants (C06-08-511), and Fuller-Armfield-Wagner Appraisal & Research, Inc. (C06-08-512) extending the contracts through August 21, 2010 and authorization for the Chair to sign the Amendments as prepared by the County Attorney's office. 7. Florida Communities Trust -Harbor Branch Preserve/FCT Project 07-027-FF7 - Amendment to Option Agreement for Sale and Purchase Consider staff recommendation to approve the Amendment for Sale and Purchase of the Harbor Branch Preserve parcels, authorize the Chair to execute the Amendment and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. 8. Lease Agreement with Sundancer's Radio Control Club, Inc. Consider staff recommendation to (a) adopt Resolution No. 09-297 and authorize the Chair to sign the Resolution; and, (b) authorize the Chair to sign the Sublease Agreement with Sundancer's Radio Control Club, Inc. to lease approximately 80 acres, described in Exhibit "A" as approved by the County Attomey. C. AIRPORT 1. Airport West Commerce Park Sanitary Sewer Grant No. LP8991, Amendment 1 Consider staff recommendation to approve of FDEP Grant No. LP8991 Amendment 1 for the Airport West Commerce Park Sanitary Sewer and authorization for the Chair to sign the document as approved by the County Attomey. C. AIRPORT CONTINUED 2. Change Order No. 6 for the Second Phase of the New Runway and Taxiway Consider staff recommendation to approve of Change Order No. 6 for Dickerson Florida, Inc. on the second phase of the New Runway and Taxiway Project increasing the total project cost by $67,277.82 from $3,966,924.19 to $4,034,202.01 with an increase in the contract time of 3 days to August 24, 2009 and authorization for the Chair to sign the document as approved by the County Attomey. 3. Resolution No. 09-296, Florida Department Transportation (FDOT) Joint Participation Agreement, Storm Water Pollution Prevention Plan (SWPPP) Update Consider staff recommendation to approve of Resolution No. 09-296 accepting the FDOT Joint Participation Agreement in the amount of $80,000 for the Stormwater Pollution Prevention Plan (SWPPP) Update and authorization for the Chair to sign the document as approved by the County Attomey. D. PULLED PRIOR TO MEETING ADMINISTRATION Tourist Developmen# Council Capital Grants Program 2009 - 2010 Consider staff recommendation to approve Tourist Development Council Capital Grants Program 2009 - 2010 implementation and application, per the attached memorandum. E. PUBLIC WORKS Contract extensions with Taylor Engineering & Dredging and Marine Consultants. Consider staff recommendation to approve of the fourth extension to contract C04-12-563 with Dredging and Marine Consultants, LLC., and contract C04-07-658 with Taylor Engineering, Inc. extending the contract through December 31, 2009 and authorization for the Chair to sign the documents as prepared by the County Attorney's office. F. INVESTMENT FOR THE FUTURE Bid Waiver and sole source determination -Siemens Building Technologies. Consider staff recommendation to approve of bid waiver and sole source determination for Siemens Building Technologies to install the APOGEE energy management system at the St. Lucie County Health Department, located on Avenue C, at a cost of $128,655, reallocate Investment for the Future Funds in the amount of $30,000, and authorize the Chair to sign the documents as approved by the County Attomey. G. MANAGEMENT AND BUDGET 1. Request for Qualifications 09-060, Civil Engineering and Land Planning Services for the Treasure Coast Research Park Consider staff recommendation to approve to reject all responses, revise scope of services and re-advertise Request for Qualifications 09-060, Civil Engineering and Land Planning Services for the Treasure Coast Research Park G. MANAGEMENT AND BUDGET CONTINUED 2. Supervisor of Elections Advance Request Consider staff recommendation to authorize approval of the Supervisor of Elections request for 25 percent ($655,355.75) of the total FY10 budget and thereafter, 6.82 percent per month. 3. Tax Collector Advance Request Consider staff recommendation to approve the Tax Collector's request for an October commission advance in the amount of $675,000. PUBLIC HEARINGS VII. A. COUNTY ATTORNEY Ordinance No. 09-025 -Amending Section 11.05.11(A)(2) of the Land Development Code - Requirementfor Permit; Exemptions Consider staff recommendation to approve to adopt Ordinance No. 09-025 as drafted and authorize the Chair to sign. VII. B. COUNTY ATTORNEY Ordinance No. 09-028 -Establishing Airport West Commerce Paris Leasing Standards and Procedures Consider staff recommendation to approve proposed Ordinance No. 09-028 as drafted. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. COUNTY ATTORNEY Resolution No. 09-292 Asking the Federal Government to Stop Discharging Pollutants and Excess Water into the St. Lucie River and Estuary System Consider staff recommendation to approve to adopt Resolution No. 09-292 and authorize the Chair to sign the Resolution. IX. COUNTY ATTORNEY Interlocal Agreement between St. Lucie County and Fort Pierce Utilities Authority (Juanita Bridge) Consider staff recommendation to approve the Interlocal Agreement and authorize the Chair to sign the Agreement. X. COUNTY ATTORNEY Rural Lands Stewardship Based on prior Board direction, Staff recommends the Board direct staff to initiate the process of amending the County's Comprehensive Plan to delete the RLSA amendments. Staff also recommends that the Board authorize the Growth Management Director to send the attached letter to the owners of the sending and receiving areas. XI. COUNTY ATTORNEY Application of Grove Land Utilities, LLC to Operate a Water and Wastewater Utility to Provide Services in a Portion of St. Lucie County Consider staff recommendation to authorize the County Attorney to file the Objection with the Florida Public Service Commission. XII. COUNTY ATTORNEY Application of Bluefield Utilities LLC to Operate a Water and Wastewater Utility to Provide Services in a Portion of St. Lucie County Consider staff recommendation to authorize the County Attorney to file the Objection with the Florida Public Service Commission XIII. ANNOUNCEMENTS 1. The St. Lucie County Master Gardener 26th Annual Plant Sale will be on Saturday, October 10, 2009 from 8:00 a.m. to 2:00 p.m. at the St. Lucie County Extension 8400 Picos Road, Fort Pierce. For more information please call 772-462-1660. 2. There will be a public information Workshop on the Airport Master Plan Update on Thursday, October 15, 2009 from 5:30 p.m. to 7:30 p.m. at the Havert L. Fenn Center. 3. There will be a Joint meeting with the City of Fort Pierce, Fort Pierce Utilities Authority, City of Port St. Lucie and the Board of County Commissioners on Friday, October 16, 2009 at 2:00 p.m. in the St. Lucie County Commission Chambers. 4. The Board of County Commissioners will hold the October Informal Monthly Meeting on Tuesday, October 27, 2009 at 1:30 p.m. in Conference Room #3. 5. The Board of County Commissioners will hold a Workshop with Fort Pierce Farms on Monday, November 2, 2009 at 10:00 a.m. in Conference Room #3. 6. The 24tH Annual Muster at the National Navy SEAL Museum will take place November Stn _7tn Events include aerial demonstrations, free open house and more. For more information please visit www.navysealmuseum.com or call (772) 595-5845. The National Navy SEAL Museum is located at 3300 North A1A, North Hutchinson Island -Fort Pierce. 7. The Board of County Commissioners will hold a Joint Workshop with the South Florida Water Management District on Monday, November 9, 2009 at 1:30 p.m. in Conference Room #3. 8. The Board of County Commissioners will hold the 2009 Strategic Planning Session on Thursday, November 12, 2009 from 8:00 a.m. to 5:00 p.m. and on Friday, November 13, 2009 from 1:00 p.m. to 4:00 p.m. at the Havert L. Fenn Center in Room B. 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. i BOARD OF COUNTY CU~NMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 22, 2009 Convened: 9:00 a.m. Adjourned: 10:00 a.m. Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Doug Coward, Chris Craft, Chris Dzadovsky Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Beth Ryder, Community Services Director, Marie Gouin, OMBIPurchasing Director, Susan Kilmer, Library Director, Carl Holeva, Human Resources Director, Roger Shinn, Central Services Director, Debra Brisson, Parks and Rec. Director, Jim David, Mosquito Control Director, Millie Delgado-Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III, MINUTES Approve the minutes from the September 10, 2009 Tentative Budget Public Hearing. Approve the minutes from the September 15, 2009 meeting. It was moved by Com. Dzadovsky ,seconded by Com. Grande, to approve the minutes from the meetings held September 10, 2009 and September 15, 2009, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONSIPRESENTATIONS A. Resolution No. 09-261 proclaiming the fourth Monday in September 2009 (September 28, 2009) as "Family - A Day to Eat Dinner with Your Children" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 09-261 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Grande, to adopt Resolution No. 09-261, and; upon roll call, motion carried unanimously. B. Presentation by Linette Trabulsy of the Treasure Coast Chapter of the Florida Public Relations Association- this item was pulled. C. Resolution No. 09-291 proclaiming the week of October 4 through October 10, 2009 as "Mental Health Awareness Week" in St. Lucie County, Florida Consider staff recommendation to adopt Resolution No. 09-291 as drafted. It was moved by Com. Coward, seconded by Com. Dzadovsky, to adopt Resolution No. 09-291, and; upon roll call, motion carried unanimously. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA -i- i ' It was moved by Com. Craft, seconded by Com. Coward, to approve the Consent Agenda to include the additions and the correction of item 6 G-4, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 51 The Board approved Warrant List No. 51. B. COUNTY ATTORNEY 1. Donation of Right-of-Way - St. Lucie County School Board - 5 feet on St. James Drive and 10 feet Temporary Construction Easement -Resolution No. 09-272 The Board approved accepting the Quit-Claim Deed and Temporary Construction Easement authorized the Chair to sign Resolution No. 09-272 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. B. COUNTY ATTORNEY CONTINUED 2. Funding request for a Case Manager for Mental Health Court. Mental Health Court (MHC) hears cases that are both misdemeanors and felonies. The goal of Mental Health Court is to provide services along with resources for mentally ill defendants involved in the criminal justice community. The Board approved to deem New Horizons as a sole source provider and enter into a contract with New Horizons fer staffing the Case Manager position that works in the Mental Health Court. This contract term will be from 10/1/09 thru 9/30/10. 3. Amendment to Debris Removal and Monitoring Agreements The Board approved the amendments to the debris removal and monitoring agreements as drafted by the County Attorney. 4. Resolution No. 09-230 -Amending the Articles of Incorporation for the Treasure Coast Local Council of Local Governments The Board adopted the attached Resolution No. 09-230 and authorized the Chair to sign the Resolution. 5. Summer Wind - G&G/Aqua III, LLC -Conservation Easement -Resolution No. 09-273 The Board approved accepting the Conservation Easement, authorized the Chair to sign Resolution No. 09-273 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 6. Indian River Estates MSBU -Master Meter -Parcel I.D. No. 3402-604-0055-000-7 City of Port St. Lucie -Utility Easement and Temporary Access and Construction Easement The Board approved the Utility Easement and Temporary Access and Construction Easement in favor of the City of Port St. Lucie, authorized the Chair to execute the Utility Easement and Temporary Access and Construction Easement, authorized acceptance of a check from the City of Port St. Lucie for $3,951.00 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 7. Bear Point Mitigation Bank -Credit Reservation Agreement with Kiwi Partners, L.L.C. The Board approved the proposed Bear Point Mitigation Bank Credit Reservation Agreement with Kiwi Partners, L.L.C., and authorized the Chair to sign the agreement. 8. Sustainable Resources International, Inc. -Second Amendment to Lease Agreement The Board approved the proposed Second Amendment to the Lease Agreement with Sustainable Resources International, Inc., and authorized the Chair to sign the Second Amendment. -2- 09/18/09 ST. LUCIE COUNTY - BOARD PAGE FZ~BWARR WARRANT LIST #51- 12-SEP-2009 TO 18-SEP-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 622,488.55 586,157.51 001113 CI~BG Supp Disaster Recovery Subgran 3,164.73 2,920.14 001180 US Dept Housing HUD Shelter Plus Gr 8,679.31 532.47 001184 CDBG 07 24,204.69 0.00 001188 Section 112/MPO/Fhwa/Planning 2007 4,935.38 8,908.74 001190 FTA Sec 5307 - Buses 05/06 154.57 0.00 001194 U.S. Dept of Housing & Community 4,716.58 0.00 001419 FDCA-Construct County EOC 63.61 0.00 001436 INTACT Inspired Network to Achieve 690.62 0.00 001442 FCTD Planning Grant Agreement 427.91 1,420.71 001501 CSBG 2008-2009 Dept of Health and H 725.49 4,590.40 001505 FDCA Emerg. Mgmt Prep & Assist FY09 8,299.47 0.00 001507 USDA NRCS Tropical Storm Fay Damage 32,704.76 0.00 101 Transportation Trust Fund 38,008.92 37,718.96 101002 Transportation Trust/80o Constitut 12,845.11 44,627.72 101003 Transportation Trust/Local Option 21,677.82 53,622.47 101004 Transportation Trust/County Fuel Tx 11,434.52 17,893.96 101006 Transportation Trust/Impact Fees 15,609.07 0.00 102 Unincorporated Services Fund 34,773.50 76,752.39 102001 Drainage Maintenance MSTU 103,009.48 10,073.08 102111 NFWF St. Lucie Turtle Habitat Impro 7,278.25 0.00 102807 SFWMD Lakewood Park Stormwater Impr 7,867.80 0.00 102809 Paradise Park Phase 2 SFWMD 3,346.60 5,534.52 105 Library Special Grants Fund 4,222.65 0.00 107 Fine & Forfeiture Fund 60,350.31 157,330.33 107001 Fine & Forfeiture Fund-Wireless Sur 23,971.02 1,122.83 107002 Fine & Forfeiture Fund-E911 Surchar 3,159.83 1,122.83 107003 Fine & Forfeiture Fund-800 Mhz Oper 4,618.03 0.00 107006 F&F Fund-Court Related Technology 5,916.62 8,736.95 107205 Juvenile Justice & Delinquency Prev 158.85 2,076.00 107206 FDCF Criminal Justice, Mental Healt 181.35 0.00 115 Sheraton Plaza Fund 649.91 0.00 118 Paradise Park Fund 898.20 0.00 129 Parks MSTU Fund 4,889.00 0.00 130 SLC Public Transit MSTU 161.40 2,176.18 130209 FCTD TRIP FY 09/10 55,917.47 0.00 140 Airport Fund 12,157.23 15,104.98 140306 DOT-New N. Entrance Port Ft. Pierce 13,940.40 0.00 140352 Upgrade the Electrical Vault 11,564.80 0.00 150 Impact Fee Collections 115.00 1,523.20 160 Plan Maintenance RAD Fund 117.51 1,562.40 183 Ct Administrator-19th Judicial Cir 2,514.32 3,009.49 183001 Ct Administrator-Arbitration/Mediat 440.00 0.00 183004 Ct Admin.- Teen Court 395.36 5,404.72 183006 Guardian Ad Litem Fund 3,561.24 0.00 185010 FHFA SHIP 2008/2009 151.02 2,163.26 189100 Home Consortium 100.48 1,340.00 189201 FHFC Hurricane Housing Recovery Pla 1,227.97 2,077.20 09/18/09 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #51- 12-SEP-2009 TO 18-SEP-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 310002 Impact Fees-Parks 222,817.77 0.00 318 County Capital-Transportation Bond 113,510.36 0.00 ,396 Lennard Road 1 - Roadway Capital 3,800.00 0.00 397 Lennard Road 2 - Water Capital 1,900.00 0.00 398 Lennard Road 3 - Sewer Capital 1,900.00 0.00 401 Sanitary Landfill Fund 207,444.70 57,451.08 418 Golf Course Fund 23,706.34 21,741.08 451 S. Hutchinson Utilities Fund 1,339.35 3,363.70 _.-458 SH Util-Renewal & Replacement Fund 39.62 535.68 461 Sports Complex Fund 20,388.94 19,881.15 471 No County Utility District-Operatin 8,265.34 7,891.42 478 No Cty Util Dist-Renewal & Replace 3,084.55 1,316.93 479 No Cty Util Dist-Capital Facilities 110.03 1,481.04 491 Building Code Fund 2,965.51 33,425.61 505 Health Insurance Fund 257,335.08 2,354.75 505001 Property/Casualty Insurance Fund 27,463.71 0.00 611 Tourist Development Trust-Adv Fund 151.07 2,001.06 625 Law Library 1,201.43 0.00 665 SLC Art in Public Places Trust Fund 1,700.00 0.00 801 Bank Fund 217,775.18 0.00 GRAND TOTAL: 2,295,385.69 1,206,946.94 i ` 9. Resolution No. 09-284 -Authorizing Term Loan to Provide Permanent Financing for Harmony Heights MSBU Special Assessment Project The Board approved adopting Resolution No. 09-284 and authorized the Chair to sign the Resolution. B. COUNTY ATTORNEY CONTINUED 10. Resolution No. 09-285 -Extending Maturity of Advances under Loan Agreement for MSBU Line of Credit with SunTrust Bank The Board approved adopting Resolution No. 09-285 and authorized the Chair to sign the Resolution. 11. Resolution No. 09-286 -Authorizing Term Loan to Provide Permanent Financing for Sunland Gardens Phase II MSBU Special Assessment Project The Board approved adopting Resolution No. 09-286 and authorized the Chair to sign the Resolution. 12. Authorization to enter into an Impact Fee Payment Agreement with Dory and Maria Lopez for delinquent Impact Fees pursuant to Resolution No. 09-114. The Board approved the Impact Fee Payment with Dory and Maria Lopez and signs the Agreement as drafted by the County Attorney's Office. 13. T & T Land, Ltd. -The Board approved the sale of the horse to the highest qualified bidder at auction. C. HUMAN RESOURCES Compensation for staff called for active duty ~yuring the fiscal year of October 1, 2009 to September 30, 2010. The Board authorized extending the time frame for staff called to active duty for the fiscal year of October 1, 2009 to September 30, 2010. D. PARKS AND RECREATION 1. Bid waiver and award of contract to Sports Turf One, Inc. The Board approved waiving the bid process and awarding a contract to Sports Turf One, Inc. in an amount not to exceed $75,000 as outlined in the agenda memorandum, and authorized the Chair to sign documents as approved by the County Attorney. 2. Budget Resolution No. 09-277, Children's Services Council Summer Camp and Swim Lessons Grant Funds The Board approved Budget Resolution No. 09-277, allocating $12,500 in summer camp and swim lessons grant funds from the Children's Services Council of St. Lucie County as outlined in the agenda memorandum and authorized the Chair to sign documents as approved by the County Attomey. E. COMMUNITY SERVICES 1. Earned Income Tax Credit (EITC) Grant Award and Budget Resolution No. 09-263 The Board approved the acceptance of the Department of Health and Human Services second year award 90ET0414/02 for $50,000; approved Budget Resolution No. 09-263; and authorized the Chair to sign documents as approved by the County Attomey. E. COMMUNITY SERVICES CONTINUED 2. Allocation of Funds from the State Housing Initiative Partnership (SHIP) State FY09 _3- i The Board approved Budget Resolution No. 09-260 to budget funds from the SHIP FY09 additional fourth quarter allocation, and authorized the Chair to sign the resolution as approved by the County Attomey. 3. St. Lucie Habitat for Humanity CHDO, Inc. Agreement The Board approved the agreement between St. Lucie County HOME Consortium and St. Lucie Habitat for Humanity CHDO, Inc., and authorized the Chair to sign the agreement as approved by the County Attomey. 4. Short List of Community Partners for the Acquisition/Rehabilitation and Management of Rental Properties, RFP 09-052 The Board approved to short list firms for RFP 09-052, and authorization to: 1. Conduct oral presentations with the top two ranked firms; 2. Negotiate contracts with the top two ranked firms; and 3. Award contracts to the top two ranked firms and authorization for the Chair to sign the contracts as prepared by the County Attomey. 5. FY 10 contract and revised fee schedule for the State of Florida for operation of the St. Lucie County Health Department The Board approved acceptance of the contract with the State of Florida for $22,437,431 and authorized the Chair to sign the contract as approved by the County Attomey. 6. Agreement Revision with Council on Aging The Board approved acceptance of revised agreement with the Council on Aging of St. Lucie County Inc (COASL); and authorized the Chair to sign documents as approved by the County Attomey. F. AIRPORT 1. PBS&J Work Authorization (WA) No. 7 for Resident Project Representative (RPR) Services for the Runway 10R/28L Rehabilitation Project. The Board approved of PBS&J Work Authorization No. 7 for Resident Project Representative Services for the Runway 10R/28L Rehabilitation Project for a lump sum cost o $35,810, and authorized the Chair to sign the document as approved by the County Attomey. 2. Budget Resolution No. 09-276, Runway Rehabilitation Project The Board approved Budget Resolution No. 09-276 establishing the fund for the Florida Department of Transportation grant for the runway rehabilitation project in the amount of $89,648, with the local share match of $89,648, and authorized the Chair to sign the document as approved by the County Attomey. F. AIRPORT CONTINUED 3. Budget Resolution No. 09-275, Airport Security Fencing The Board approved Budget Resolution No. 09-275 establishing the fund for the FDOT grant for the airport security fencing project in the amount of $2,640, with a local watch share of $2,640, and authorized the Chair to sign the document as approved by the County Attomey. G. PURCHASING 1. Amendment to Contract for Horseback Riding on the Beach The Board approved the first amendment to Contract No. C06-01-335 with Alan Hayes, extending the contract through May 29, 2011, and authorized the Chair to sign documents as approved by the County Attomey. -4- i 2. Amendment to Contract for Cleaning of Tradition Field Sports Complex The Board approved the first amendment to Contract No. C07-12-705 with Coverall extending the contract through December 31, 2010, and authorized the Chair to sign documents as approved by the County Attomey. 3. Bid No. 09-061, Concrete, Culvert and Asphalt Installation The Board approved awarding Bid No. 09-061, Concrete, Culvert and Asphalt Installation, to Melvin Bush Construction of Fort Pierce and authorized the Chair to sign documents as approved by the County Attomey. 4. Bid No. 09-063, St. Lucie Boulevard to Angle Road Force Main Extension -Phase II The Board approved awarding Bid No. 09-063, St. Lucie Boulevard to Angle Road Force Main Extension -Phase II, to H & D Construction Company, Incorporated of Fort Pierce, in the amount of $319,848.40 and authorized the Chair to sign documents as approved by the County Attomey. 5. Bid No. 09-067, Enhanced Swale Maintenance The Board approved awarding Bid No. 09-067, Enhanced Swale Maintenance, to Environmental Land Development, Incorporated of Fort Pierce and authorized the Chair to sign documents as approved by the County Attomey. 6. Master Equipment Lease/Purchase Agreement for Computer Equipment and Software The Board approved Budget Resolution No. 09-281 to establish a budget for the master lease purchase agreement financing for computer equipment and software. H. ENVIRONMENTAL RESOURCES 1. Reimbursement for sea grape trimming and exotic removal on County Property. The Board approved Budget Resolution No. 09-274 accepting $1,200.00 from Bryn Mawr Ocean Towers Condominium Association for sea grape trimming and exotic removal on County property. H. ENVIRONMENTAL RESOURCES CONTINUED 2. Lease Agreement with South Florida Water Management District The Board approved entering into a South Florida Water Management District Lease Agreement for 616.22 acres for a period of ten (10 years, with the option to renew, at no cost to the County, as described in Exhibit "A", and authorized the Chair to sign documents as approved by the County Attomey. I. LIBRARY Sirsi/Dynix annual Software Maintenance contract renewal The Board approved the Sirsi/Dynix software maintenance agreement in the amount of $30,307.28. J. GRANTS/DISASTER RECOVERY DEPARTMENT 1. Florida Division of Emergency Management Citizen Emergency Response Team Program -Grant Application The Board approved submitting a grant application to the Florida Division of Emergency Management Citizen Emergency Response Team (CERT) Program requesting funds of $15,000 to continue the St. Lucie County CERT Program. 2. Florida Division of Emergency Management Citizen Corps Program -Grant Application -5- The Board approved submitting a grant application to the Florida Division of Emergency Management Citizen Corps Program requesting funds of $15,000 to continue the St. Lucie County Citizen Corps Council. END OF CONSENT AGENDA VII. There are no public hearings scheduled for September 22, 2009. REGULAR AGENDA VIII. ADMINISTRATION Arts & Cultural Alliance of St. Lucie, Inc. Consider staff recommendation to approve of funding in the amount of $55,000 to the Arts & Cultural Alliance of St. Lucie, Inc. (ACA) and authorization for the Chair to sign a contract with the ACA for the selection of a consultant through a competitive process to conduct acommunity-wide survey on arts and culture in St. Lucie County and the preparation of a strategic plan for the ACA based on the survey results as outlined in the agenda memorandum. Board approval of Resolution No. 09-282 rescinding prior resolutions and designating the ACA as the local arts agency for St. Lucie County. It was moved by Com. Dzadovsky, seconded by Com. Grande, to approve the funding and also approve Resolution No. 09-282, and; upon roll calf, motion carried unanimously. IX. COUNTY ATTORNEY Florida Energy Secure Line Project Natural Gas Pipeline Siting-Local Public Hearing Option Consider staff recommendation to approve to au!horize the County Attorney to request that the Administrative Law Judge hold a public hearing in St. Lucie County to allow interested members of the public to testify about the proposed pipeline. It was moved by Com. Grande, seconded by Com. Coward, to approve staff recommendation, and; upon roll call, motion carried unanimously. X. BOARD OF COUNTY COMMISSIONERS The Commissioners provided updates on the various Boards/Committees There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA PUBLIC HEARING ON THE FINAL FY 2009-2010 BUDGET Date: September 22, 2009 Convened: 6:00 p.m. Adjourned:6:30 p.m. Commissioners Present: Chairperson, Paula A. Lewis, Chazles Grande, Doug Cowazd, Chris Dzadovsky, Chris Craft Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Marie Gouin, OMB/Purchasing Director, Millie Delgado-Feliciano, Deputy Clerk INVOCATION PLEDGE OF ALLEGIANCE 1. PUBLIC HEARING ON THE FINAL BUDGET FOR FISCAL YEAR 2009-2010 THE PURPOSE OF THE PUBLIC HEARING IS TO ADOPT THE FINAL MILEAGE RATES AND A BUDGET FOR FISCAL YEAR 2009-2010. lA. DISCUSSION AND READING OF THE ROLLED-BACK RATE. THE ROLLED-BACK RATE IS: 9.3361. THE PROPOSED AGGREGATE MILEAGE RATE IS 7.3030, WHICH IS 21.78% BELOW THE ROLLED- BACK RATE. 'The Management and Budget Director gave an overview of the rolled back rate and proposed aggregate millage rate. 1B. BUDGET OVERVIEW The County Administrator presented a budget overview and reviewed a power point presented at the tentative budget hearing. 1C. MILEAGES AND BUDGETS (NOTE: ONLY MILEAGES WILL BE READ INTO THE RECORD. FUND BUDGETS ARE PROPOSED AS LISTED). ~ - 't'i y AY 001 ~ General Fund 2.7694 141 329 616 101 Transportation Trust Fund _ _ 63,825,414 Unincorporated Services Fund (Community Development 102 MSTU) 0.4380. 6,676,640 _ _ Drainage Maintenance MSTU (Stormwater Mana ement g 102001 ` MSTU) 0.4731 11 876 . ,128 103 Law Enforcement MSTU 0 3736 3,058 206 _ . - 104 'Grants & Donations Fund ......698,319 5 , ,Library Special .Grants Fund 186,145 _ _ 107 Fine & Forfeiture Fund 3.3957 72 599 394 _ , 109 Drug Abuse Fund _ _ 73,179 111 j _River Park I Fund (SISD 1) 0.3303 44,981 112 .River Park II Fund (SISD 2) 0.9331 _ 10,256 113 ~ Harmony Heights 3 Fund (SISD 3) 0.8803 4,659 114 Harmony Heights 4 Fund (SISD 4) 0.6918 ~ 8,904 15 Sheraton Plaza Fund (SISD 5) 0.7918 10,636 116 Sunland Gardens Fund (SISD 6) 0.3954 9,895 117 Sunrise Park Fund (SISD 7) _ 0.4819 _ 3,493 118 .Paradise Park Fund (SISD 8) _ 1.0293 14,374 119 Holiday Pines Fund (SISD 9). _ _ _ 0.1690 _ 14 631.....: _ ~ . ; 120 _The Grove Fund (SISD_10) 0.1169 _ .._3,490 21 Blakely Subdivision Fun _ d (SISD 11 1.4022 2,309 _ _ 1__.__ 122 Indian River Estates Fund (SISD 12) 0.1127 16,872 123 ueens Cove Li htin Dist#13 Fund SISD 13 Q g g _ ( ) 0.1050 _ 6,463 126 Southern Oak Estates Lighting„(SISD 126) 0.4626 3,096 127 Pine Hollow Street Lighting MSTU 7,130 128 -Kings Hwy Industrial Park Lighting 11,520 129 ,Parks MSTU Fund 0.2313 9,478,929 _ _ 130 ,SLC Public Transit MSTU 0.0833 8,411 332 ' 136 Meadowood MSTU 0.3023 26,371 138 Palm Lake Gardens MSTU Fund 0.3119 4,643 _ 139 t Palm Grove Fund (SISD 16) 0.6377 , 12,264 140 ! Airport Fund 13,639,631 _ _ 140001 Port Fund 8,042,367 _ _ _ 142 Port MSBU Development Fund 90 788 145. Mosquito Fund _ 0.2036 7,3.51,821..': 146 Mosquito State I Fund 36,568 _ 150 Impact Fee Collections 362,712 i 160 Plan Maintenance RAD Fund 391,988 162 Tounsm Dev 5th Cent 115,135 170 Court Facilities Fund 924,285 171 Court Facilities Fund Court Costs ,1.75,417 181 SLC Housing Finance Authority Fund 31 815 _ , 182 .Environmental Land Acquisition Fund 78 227, _ 183 Ct Administrator 19th Judicial Cir 3,331,999 184 ; .Erosion Control Operating Fund (District E) 0.0925 - 9,434,838 _ . Housing Assistance SHIP Program _ 1,468,167 _ _ 187 ;Boating Improvement Projects _ _ _ ~ 775 986 188 :Bluefield Ranch Improvements 109 428 189 ;Hurricane Housing Recovery Pla 3 601 165 201 So County Regional Stadmm Debt 54 021 _ . 204 1 Commumcarion System I&S Fund 994 999 _ _ _._.4 _ Impact Fees I&S _ _ _ _ _ - - . - _ 26,708 215 Sales Tax Revenue Bonds I&S Fund 6,760,320 216 ;.....County Capital I&S _ _ _ 1,662,999 . 217 State Revenue Shazing Bonds I&S 1 346 608 _r....... 218 'Transportation I&S Fund 3,852,013 242 `Port I&S Fund _ 0.0154 779,389 250 ~ Capital Protects I&S ~ 22,479,808 , 262 ,Tourism Dev 4th Cent I&S Fund 1 892 396 _ 273 SHI Sp Assessment Rfd 1998 Bond 2,868,437 282 Environmental Land I&S Fund 0.0459 2,2,13,586 _ . 295 ,River Branch I&S Fund 41,066 _ _ 301 So. County Regional Stadium 12,300 310 .Impact Fee Funds 15,493,191 315 County Building Fund,,, _ 2,143,369 _ a _ _ _ County„Capital _ 18,570,329 317 County Capital-St Rev Shaze Bnd 12,426,879 _ _ 318 Coun Ca ital -Trans ortation 25,555,371 , _ h' P _ _.P Lakewood Park Fund 8,950 _ 342 Port Development Capital Fund _.258,117 362 '...Sports Complex Improv Fund....... 1,013,534 370 MSBU Inhouse Financing Projects _ 680 876 _ - _ 382 Environmental Land Capital Fund 4 844 727 390 MSBU Capital _ 14,264,797 396 Lennazd Road 1 Roadway Capital 1.04,996 _ 397 Lennazd Road 2 Water Capital 49 442 _ _ 398 Lennazd Road 3 Sewer Capital _ 50 825 1. _ _ _ . 401 Sanitary Landfill Fund _ 25,020,475 418 Golf Course Fund 1,428,000 451 S Hutchinson Utilities Fund 3,699,920 458 SH Uril-Renewal & Replacement 467 267 _ p _ _ _ 2 557 749 461 S orts Cty lex~und.~..~.. P.. ~ . ~ . - ~ 6,245,743 471 No Coun Utili District O eratin 478 No Cty Util Dist-Renewal & Replace ~ 296 511 479 No Cty Util Dist Capital Facilities 3,944,992 491 ' Buildin Code Fund 2,894,816 g _ 505 Insurance & Loss Fund _ 33,325,827 ; 610 Tourist Development Trust Fund 697 977 611 Tourist Development Trust-Adv Fund 527 454 _ _ _ _ 620 Law Enforcement Trust Fund 428,909 _ 625 Law Libr 310,752 _ _ _ _ 665 SLC Art in Public Places Trust Fund 1_,177,590 666 SLC Economic Dev Trust Fund 123,902 669 Lake Drive MSBU _ _ 13,171 681..... ...King Orange 2.. _ _ _ 11,009 _i 682 ~ Slrylark 2 7,705 683 Revels Lane 1 13,424 _ _ . • 685 Sunland Gardens MSBU 39,769 _ _ _ . 86 Greenacres MSBU 17,973 _ _ . . Indian River Estates MSBU 874,720 _ _ _ _ . 688 Bnargate MSBU 8,269 _ _ _ 89 Rouse Road MSBU 15 492 _ 690 ;Treasure Cove/Ocean Harbor S MSBU 86,823 691 North A 1 A MSBU 6,767 _ Raintree Forest MSBU 8,127 Total Budget 593,492,812 Aggregate Millage Rate _ 7.3030 1D. COMMENT ON ERRATA AND SUBSTANTIVE CHANGES. 1 E. PUBLIC COMMENT. None 1F. BOARD DISCUSSION OF THE MILEAGE RATES AND BUDGET. None 1G. MOTION TO APPROVE RESOLUTION NO. 09-278 ADOPTING THE FY 2009-2010 FINAL MILEAGE RATES. It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No. 09-278, adopting the FY 2009-2010 Final Millage Rates, and; upon roll call, motion carried unanimously. 1H. MOTION TO APPROVE RESOLUTION NO.09-279 ADOPTING THE FY 2009-2010 FINAL BUDGET, INCLUDING THE ERRATA AND SUBSTANTIVE CHANGES. It was moved by Com. Grande, seconded by Com. Dzadovsky, to approve Resolution No. 09-279, adopting the FY 2009-2010 Final Budget including the Errata and Substantive Changes and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 09/25/09 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #52- 19-SEP-2009 TO 25-SEP-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 401,167.49 1,448.00 001113 CDBG Supp Disaster Recovery Subgran 628.01 0.00 001164 USDOJ Violence Against Women Grant 17,929.28 0.00 001180 US Dept Housing HUD Shelter Plus Gr 104.90 0.00 001188 Section 112/MPO/Fhwa/Planning 2007 3,610.32 0.00 001194 U.S. Dept of Housing & Community 3,225.00 0.00 001436 INTACT Inspired Network to Achieve 1,308.88 0.00 001442 FCTD Planning Grant Agreement 277.46 0.00 001501 CSBG 2008-2009 Dept of Health and H 20,569.58 0.00 001505 FDCA Emerg. Mgmt Prep & Assist FY09 52.89 0.00 001507 USDA NRCS Tropical Storm Fay Damage 178,865.06 0.00 101 Transportation Trust Fund 63,056.17 0.00 101001 Transportation Trust Interlocals 83.34 0.00 101002 Transportation Trust/80% Constitut 41,346.80 0.00 101003 Transportation Trust/Local Option 24,793.92 0.00 101004 Transportation Trust/County Fuel Tx 30,300.59 0.00 101006 Transportation Trust/Impact Fees 3,262.47 0.00 102 Unincorporated Services Fund 17,529.92 0.00 102001 Drainage Maintenance MSTU 16,256.69 0.00 102807 SFWMD Lakewood Park Stormwater Impr 29,666.70 0.00 102809 Paradise Park Phase 2 SFWMD 8,150.68 0.00 105 Library Special Grants Fund 61.97 0.00 107 Fine & Forfeiture Fund 247,831.30 0.00 107001 Fine & Forfeiture Fund-Wireless Sur 1,351.51 0.00 107002 Fine & Forfeiture Fund-E911 Surchar 1,418.42 0.00 107003 Fine & Forfeiture Fund-800 Mhz Oper 4,759.38 0.00 107006 F&F Fund-Court Related Technology 40,076.61 0.00 107159 USDOJ SCRAP 2008/09 23,407.33 0.00 107204 FL Dept Juvenile Justice-DMC Civil 4,844.81 0.00 107205 Juvenile Justice & Delinquency Prev 6,710.01 0.00 107206 FDCF Criminal Justice, Mental Healt 99.68 0.00 113 Harmony Heights 3 Fund 241.83 0.00 114 Harmony Heights 4 Fund 527.95 0.00 116 Sunland Gardens Fund 589.76 0.00 117 Sunrise Park Fund 146.88 0.00 119 Holiday Pines Fund 910.30 0.00 123 Queens Cove Lighting Dist#13 Fund 371.91 0.00 127 Pine Hollow Street Lighting MSTU 384.17 0.00 128 Kings Hwy Industrial Park Lighting 513.43 0.00 129 Parks MSTU Fund 5,400.22 0.00 130 SLC Public Transit MSTU 428.70 0.00 136 Monte Carlo Lighting MSTU#4 Fund 1,796.26 0.00 138 Palm Lake Gardens MSTU Fund 264.25 0.00 140 Airport Fund 36,974.62 0.00 140001 Port Fund 148.80 0.00 140135 FAA Security Fencing & Runway 9L/27 13,385.57 0.00 140335 Parallel Runway Design-9L/27R 704.49 0.00 140356 FDOT Airport Master Plan Update 11,379.05 0.00 09/25/09 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #52- 19-SEP-2009 TO 25-SEP-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 140358 FDOT Update Master Drainage Plan 9,067.80 0.00 150 Impact Fee Collections 1,068.82 0.00 160 Plan Maintenance RAD Fund 315.04 0.00 183 Ct Administrator-19th Judicial Cir 3,892.78 0.00 183004 Ct Admin.- Teen Court 1,183.97 0.00 185009 FHFA SHIP 2007/2008 211.26 0.00 185010 FHFA SHIP 2008/2009 211.26 0.00 189100 Home Consortium 699.98 0.00 189201 FHFC Hurricane Housing Recovery Pla 1,392.16 0.00 310002 Impact Fees-Parks 2,256.41 0.00 316 County Capital 50,515.25 0.00 318 County Capital-Transportation Bond 3,875.00 0.00 362300 FDOT Airport Terminal Renovations 17,884.00 0.00 39007 Indian River Estates MSBU 48,225.32 0.00 401 Sanitary Landfill Fund 182,925.03 0.00 418 Golf Course Fund 11,317.27 0.00 451 S. Hutchinson Utilities Fund 2,239.92 0.00 458 SH Util-Renewal & Replacement Fund 105.55 0.00 461 Sports Complex Fund 46,563.52 0.00 471 No County Utility District-Operatin 2,972.34 0.00 478 No Cty Util Dist-Renewal & Replace 259.42 0.00 479 No Cty Util Dist-Capital Facilities 3,569.20 0.00 491 Building Code Fund 7,770.57 0.00 505 Health Insurance Fund 339,904.92 1,633.70 505001 Property/Casualty Insurance Fund 500.00 0.00 611 Tourist Development Trust-Adv Fund 511.96 0.00 615 Impact Fees Fund 42,241.53 0.00 630 Tax Deed Overbid Agency Fund 7,786.39 0.00 665 SLC Art in Public Places Trust Fund 4,745.00 0.00 801 Bank Fund 33,780.34 0.00 GRAND TOTAL: 2,094,907.37 3,081.70 10/01/09 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #53- 26-SEP-2009 TO 30-SEP-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 318,101.37 536,351.10 001113 CDBG Supp Disaster Recovery Subgran 436.00 2,881.61 001180 US Dept Housing HUD Shelter Plus Gr 0.00 1,331.20 001184 CDBG 07 9,398.80 0.00 001188 Section 112/MPO/Fhwa/Planning 2007 15.88 10,925.83 001436 INTACT Inspired Network to Achieve 9.31 0.00 001437 FDEM E911 Office Furniture 1,880.43 0.00 001442 FCTD Planning Grant Agreement 0.00 383.08 001501 CSBG 2008-2009 Dept of Health and H 1,870.00 4,590.40 001505 FDCA Emerg. Mgmt Prep & Assist FY09 10,096.40 0.00 001507 USDA NRCS Tropical Storm Fay Damage 178,865.06 0.00 001509 US Dept of Housing CDBG 09 433.44 0.00 101 Transportation Trust Fund 67,021.77 39,047.20 101002 Transportation Trust/80o Constitut 15,361.41 45,377.88 101003 Transportation Trust/Local Option 4,607.30 18,528.92 101004 Transportation Trust/County Fuel Tx 9,054.87 16,855.57 102 Unincorporated Services Fund 859.99 76,876.48 102001 Drainage Maintenance MSTU 4,594.59 5,364.48 102809 Paradise Park Phase 2 SFWMD 683.97 4,672.38 105 Library Special Grants Fund 85,383.17 0.00 107 Fine & Forfeiture Fund 4,094.82 144,573.66 107001 Fine & Forfeiture Fund-Wireless Sur 18,861.96 1,122.83 107002 Fine & Forfeiture Fund-E911 Surchar 893.33 1,122.83 107006 F&F Fund-Court Related Technology 28,350.28 8,736.95 107205 Juvenile Justice & Delinquency Prev 0.00 2,076.00 107206 FDCF Criminal Justice, Mental Healt 1,700.62 0.00 126 Southern Oak Estates Lighting 127.44 0.00 130 SLC Public Transit MSTU 0.00 2,176.18 140 Airport Fund 19.11 14,841.82 140135 FAA Security Fencing & Runway 9L/27 185,893.96 0.00 140335 Parallel Runway Design-9L/27R 9,783.89 0.00 140351 Install Access Control System 10,692.92 0.00 150 Impact Fee Collections 0.00 1,523.20 160 Plan Maintenance RAD Fund 0.00 3,019.21 183 Ct Administrator-19th Judicial Cir 1,869.68 3,009.49 183001 Ct Administrator-Arbitration/Mediat 540.00 0.00 183004 Ct Admin.- Teen Court 444.16 5,404.72 183006 Guardian Ad Litem Fund 3,035.50 0.00 185009 FHFA SHIP 2007/2008 0.00 18.46 185010 FHFA SHIP 2008/2009 0.00 2,144.80 189100 Home Consortium 0.00 1,340.00 189201 FHFC Hurricane Housing Recovery Pla 466.80 2,785.75 316 County Capital 184,554.67 0.00 396 Lennard Road 1 - Roadway Capital 1,500.00 0.00 401 Sanitary Landfill Fund 57,481.05 57,059.95 418 Golf Course Fund 150.66 20,934.80 451 S. Hutchinson Utilities Fund 960.26 3,358.54 458 SH Uti1-Renewal & Replacement Fund 0.00 535.69 10/01/09 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #53- 26-SEP-2009 TO 30-SEP-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 461 Sports Complex Fund 14,140.90 16,593.79 471 No County Utility District-Operatin 1,471.34 7,894.74 478 No Cty Util Dist-Renewal & Replace 0.00 1,316.89 479 No Cty Util Dist-Capital Facilities 0.00 1,482.89 491 Building Code Fund 360.21 33,425.63 505 Health Insurance Fund 291,000.30 2,354.74 611 Tourist Development Trust-Adv Fund 0.00 2,001.06 665 SLC Art in Public Places Trust Fund 4,990.00 0.00 801 Bank Fund 18,107.39 0.00 GRAND TOTAL: 1,550,165.01 1,104,040.75 i ACIENDA REQUEST ITEM NO. ~I-13-1 ° DATE: October 6, 2009 ~ C~ - ~ REGULAR [ ] ® Rt. - PUBLIC HEARING ` ~ Leg• [ ]Quasi-JD [ ] - ~ - CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney PRESENTED BY: JoAnn Riley Property Acquisition Manager SUBJECT: Donation of Property Paradise Park Stormwater Improvements Taylor Creek Associates, Ltd. Parcel ID 1433-440-0005-010/3 Resolution No. 09-283 BACKGROUND: See attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board accept the Fee Simple Deed, authorize the Chair to sign Resolution No. 09-283 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [ ]DENIED [ ]OTHER ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [x] County Attorney ~ Road and Bridge: [x] Public Works: ~eY~ ~ 2~%1~ Daniel McIntyre Don Pauley Don West [x] Originating Dept: J~r~~. [x] Engineering: ~~\t JoAnn Riley Michael Powley c er Property Acquisition Division • memorandum TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: October 6, 2009 SUBJECT: Donation of Property Paradise Park Stormwater Improvement Taylor Creek Associates, LTD. Tax ID 1433-440-0005-010/3 Resolution 09-283 BACKGROUND: St. Lucie County is constructing Stormwater improvements to the Paradise Park neighborhood. Taylor Creek Associates, Ltd. owns a small piece of a parcel along Taylor Creek that they didn't intend in using. The County offered to purchase the .02acre parcel ns "clean up" to the plat but Mr. R. Calvin Holland, President of Taylor Creek Associates, Ltd. offered to donate the property to the County. RECOMMENDATION: Staff recommends the Board accept the Fee Simple Deed from Taylor Creek Associates, Ltd., authorize the Chair to sign Resolution 09-283 accepting the donation and direct staff to record the Fee Simple Deed in the Public Records of St. Lucie County. Respectfully submitted, ~--r (~'w,,,...- ,~J~Ann Riley Property Acquisition Manager ~ - Property Donation 0 70 140 280 Fed ~ ~ 1 -Subject Parcel: 1433-440-0005-010/3 ~w ~ '~I ~ ~i - - ~ SAN DIEGO AVE ~ls - - ~ ~ I\ ~ ~'~t ~'t 1 5 ~4 'S ` y~5 5 ~~i ~ ~I= _ - _ ~ L_--- - ti Z BARCELONA AVE 1, .,,5 '''Sr -ROSARITq AVE ~ISCLAMER 51 Lucre Leunry meke5 m werrany, m0~eseulelon or guaierily es b me m~mm. saouenca, ecceracy. nmel.ress. w oompglaness a arty of rile geo~ta rnbrmelron Prwrtlatl lremm Tae reatler sieultl nd rely on ltle CAa povgatl tierem br anY reason. Sl Luce Cowry erpkMh eedams eny mpmseMalans entl weneraes. ncbdrg. weMW kmplren. the impetl wanerRres d mercnamadty end kiress breparirtuiar purpose Sl Luce COUMysMll aswme ro YeWSy br 1. MY ermrs. omesens. or kbccureaes m are This Instrument Prepared b~~: Frank H. Fee, III, Esquire Fee, DeRoss K Fee, P.L. 500 Virginia Ave., Suite 200 Fort Pierce, Florida ~~982 Return to: . FEE SIMPLE DEED 1 THIS FEE SIMPLE DEED, made this I 'I ~~day of ~ fO v3 T , ?009, is made by TAYLOR CREEK ASSOCIATES, LTD., an inactive Florida limited partnership, as Grantor, to ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose post office address is 2300 Virginia. Avenue, Fort Pierce, Florida, 34982-S6S2, as Grantee. (Y67~erever used herein, the terms "Grantor" and "Grantee"shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH, That the Grantor, for and in consideration of the sum of $1.00 in.hand paid by Grantee, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee forever, all that certain land situate, lying and being in the County of St. Lucie, State of Florida, to-wit: All that part of the following described real property situate and being Westerly of the Main Canal (Canal No. l) of the Fort Pierce Farms Water Control District in Section 33, Township 34 South, Range 40 East, St. Lucie County, Florida: Being that part of the Northeast 3/4 of the South 1/2 of the Southeast 1/4 of the Southeast 1/4 of said Section 33, lying West of State Road No. 5, subject to a permanent and perpetual easement to Fort Pierce Farms Water Control District for Canal No. 1. THIS FEE SIMPLE DEED is made and given for the minimum consideration herein recited in order to assist in the wind up of the affairs of Grantor as an inactive Florida limited partnership. TO HAVE AND TO HOLD the same unto Grantee, its successors and assigns, and to its proper use and benefit forever. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. Signed, Sealed and Delivered TAYLOR CREEK ASSOCIATES, LTD., an in the Presence of: inactive Florida limited partnership By: HOLLAND CONSTRUCTION CO., INC., a Texas corporation ' s Gener P • 4 By: Thomas O. Moo an ,Witness Print Name: R. Calvin Holland (Print or Type Name) Print Title: President Address: 5650 Si_g Forks Road Ste 201 0 Ra eig Nort Caro.ina 27609 . David Rutherford ~ Witness (Print or Type Name) STATE OF ~ e-~rr~ C~%~..,....1 COUNTY OF ;AJ,_~.~~ I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this ~ ~7 ~ day of ~ , 2009, by f`7 . ~{-~y--~--=~% as Y~~ . of HOLL CONSTRUCTION CO., INC., a Texas corporation, as General Partner of TAYLOR CREEK ASSOCIATES, LTD., an inactive Florida limited partnership, who is personally known to me ^r „r^•~~~°d and who did not take an oath. ~aNP..D K O Fj-~:r,.~ U t~~-~ i ~.-.a ,Notary Public l~~ T~'Q,e. !0 State and County Aforesaid. Z My Commission Expires: ~ ~ ~ ~ * My Commission Number: / ~ q~6 ~~G ~G RESOLUTION NO. 09-283 A RESOLUTION ACCEPTING A WARRANTY DEED ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing Warranty Deed is duly accepted on behalf of St. Lucie County this 6th of October, 2009 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR ATTEST: CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY S:\ACQ\WPWanet\Paradise Park\Taylor Creek AssociatesUtesolution.wpd / _ AGENDA REQUEST ITEM NO: VI-B-2 DATE: October 6, 2009 ~ ~ I ~~1 r s _ _ REGULAR [ ] ~ ~ ~ ~ PUBLIC HEARING _ Leg• [ ]Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Revocable License Agreement Cameron and Michelle Dewhurst 260 NE Solida Drive River Park BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and direct Mr. & Mrs. Dewhurst to record the document in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED [ ]OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [x] County Attorney: [x] Road and Bridge [x] Public Works:~'~Y~~~-%0`2 ~~~i Daniel McIntyre Don Pauley Don West ' [x] Originating Dept: j YN.K- [x] Engineering: ~IV [ ] Purchasing: Jo Ann Riley Mike Powley Property Acquisition Division ® ~ ~ L'` memorandum t_a~, . ` TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: October 6, 2009 SUBJECT: Revocable License Agreement Cameron and Michelle Dewhurst 260 NE Solida Drive River Park BACKGROUND: Cameron and.Michelle Dewhurst request permission to install a fence in the County's 20- foot Drainage and Utility Easement at the rear of their property and within the 6-foot Drainage and Utility Easement along the sides of their property in River Park. Staff has approved the Revocable License Agreement with the understanding if the encroachment causes any flooding or utilities need to be installed Mr. & Mrs. Dewhurst must move the fence at their own expense. Mr. & Mrs. Dewhurst have signed this Revocable License Agreement with this understanding. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and direct Mr. & Mrs. Dewhurst to record the document in the Public Records of St. Lucie County, Florida. Respectfully submitted, J Ann Riley Property Acquisition Manager ' I. 4 ~ LaKE VISTA-TRL _ I NE; ROYCE AVE ' ~ Z~~ ~ COCONUT AVE V _ a f ? _ _ ~ ~ - _ - _ _ Q. m _ _ T~ { ~ ~0, t-W - - - - - ~ , ~ ~ vP ~NE-GRANDUER AVE_~~ ~ _ t _ NE GREENBRIAR AVE _ - < _ , ~ - ~ ~ i ~ ~2P ~ NE_GULFSTREAM AVE\ i 6 g _ ~ - NE SURFSIDE~AVE ~ 3 ~ ~ ~ ~ ~ G - , I i i i i i i i S~ " _ P pPK 9 .Jp CS , ~I. ~ NE CAMELOT DR t ~ ~ , ~ 70 ~ .A , . ~ t , l j; ~ ~ p,~~Mp~~R -1 ` NE SOLIDA CIR <,r ~ , I ~ Ov~J~ , ~ k ~~L 9~ " 9,~, t 7 J' ~ `~-ern 70h-_ ~ t r ~r, NE Fq j - ' + \ i" r~ Z -~70-= y `r i u. ~ Pt~?~~p ` _ v f -NE FLORESTA DR.-->': - 1 l _ ~ _ ~W ~ s ` ~ ' ' f.,~ ~ 1EATON dR _ : ~E H_--. i-~- P: A ~ ~ ~ ~5 -i CESS .DR` i `NJ ~ y N m a c+ z~ `s r NN `RpNppv~ ~ _~y `Q~~,~ BANYAN DR` ~p ~ F f , ~ ~ r. G ~ - W t t r i ~J. i ~ -1 , ~ ~ ~ ~ ~ ~ CAMINO DEL RIO O Q~ ~ ~~~4 r~ ~ a 11 +F-~ ~p ~i ! o~ r ~ r_ : _ EY DR, v , Y ~ K - + ~ Z , O` ~ ' i ' ti 'S Jay ~ rLOBSTER ~RD•` ~ ~Qi , , ~P ~ ~~r ? ,y. 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McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of , 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and CAMERON G. DEWHURST AND MICHELLE J. DEWHiJRST, husband and wife, whose address is 260 NE Solida Drive, Port St. Lucie , FL 34983(the "Owner"). WHEREAS, the Owner owns the property described as follows: Lot 22, Block 72, River Park Unit 9, Part "B", according to the Plat thereof, . as recorded in Plat Book 14, at Pages 47,47A, of the Public Records of St. Lucie County WHEREAS, the County is the owner of the property described as: A 20 foot drainage/utility easement, lying in the rear of Lot 22, Block 72, River Park, Unit 9, Part B and a 6 foot drainage and utility easement along both sides of said parcel. WHEREAS, the Owner has requested a Revocable License Agreement fora 4 foot high chain link fence within the County's 20 foot drainage/utility easement at the rear of the property and a 4 foot high chain link fence within the 6 foot drainage/utility easement on right side of property and a 6 foot wood fence on the left side of property within the 6 foot drainage/utility easement. Exhibit A WHEREAS, the County is willing to permit the Owner to encroach in the County's drainage/utility easement for the purpose of installing a fence subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owner a Revocable License Agreement for the fence which will encroach within the County's drainage/utility easements. This Revocable License shall extend only to the referenced fence shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this Revocable License Agreement is to grant the Owner permission to install and maintain the fence in the County's drainage/utility easements. The owner agrees that if the County Engineer and/or Road and Bridge Division determine the fence is causing flooding or drainage problems or other needs in the area and needs to be removed or relocated the owner will do so at the Owners sole expense. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner to install the fence in the County'sdrainage/utility easements. 4. The Owner shall maintain the drainage easements along their fence in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida and Health Department Standards. The fence shall not interfere with County use of the easements and any damage to the County easements shall be repaired by Owner. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Owner, provided that Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer or Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachments at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer or Road and Bridge Manager may, in lieu of termination, request that the Owner perform certain alterations to the fence or the location of the fence, at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the fence, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal of the fence and repair of the easements, if necessary. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in affect unless otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate the referenced fence, at any time and at no cost to the County, if necessary for the maintenance or improvements of drainage/utility easements by the County or Utilities Department. 10. The fence shall be installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance or relocation activity will be subject to the written approval of the County Engineer. 11. The Owner agrees to allow County employees access to the location of the fence for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: With Copies to: County Engineer County Attorney Engineering Division 2300 Virginia Avenue, 3rd Floor 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 Fort Pierce, FL 34982 As to Owner Mr. & Mrs. Cameron Dewhurst 260 NE Solida Drive Pcrt St. Lucie, FL 34983 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case maybe, if mailed. 13. As consideration for the County granting this Revocable License Agreement the Owner agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Licensee's use of the property. 14. The Owner shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DEPUTY CLERK BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WI SS: CAMERON G. DEWHURST Wi ess ~ ~ ifies MI HELLE J. DEW JRST Wifiess STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this f~ day of ~ ~ 2009, by CAMERON G. DEWHURST AND MICHELLE J. DEWHUR~s wife who produced k (type of identification) and who did take an oath. ~l~• 9r%~r' L?'ee~&~2 WITNESS my hand and official seal, this day of„~=' 2009. `tii:: i NANCY S. JONES ry~ 39 Si a re f Notary Public '~.P•(~ Boded Thru Ndary Public UnMrnMea LEGAL DESCRIPTION: ~ SURVEYORS NOTES: Lot 22 in Block 72 of 1, Unless otherwise noted only platted easements RIVER PARK -UNIT are shown hereon. NINE- PART B 2. No underground utilities or Improvements were according to the plat thereat located unless otherwise shown. as recorded In Plot Boak 14 3. This slto Iles within Flood insurance Rate Map page 47 of the Zone X. Public Records of St. Lucie 4. Flood Zone shown hereon is an interpretation County, Florida, by the surveyor and ie provided as a courtesy. ABBREVIATIONS' The flood zone should be verified by o R.O.W. = Right of Way determination agency. CONC. =Concrete 5. Bearings shown hereon are based on the Eost R =Radius of curve line of lot 22 Block 12 oe being N 26'30'35' W L =Length of curve according to the Plat described hereon. ~ = Delta of Curve 6. P.U.D.E. denotes Public Utilities' and Drainage MEAS. =Measured Easement., 7. All Lot dimensions shown are per plat unless SET =Set 5/8' iron rebar with otherwise shown. ` yellow cap. marked 'PSM 5543' X-X-X-a Chain Llnk fence 0--~r--0~ Wood Fence ®a Power Pole Water Meter Bell South OH-OH-OH~ Over Head Wires We I I S.F.=Square Foot F.F.E.=Finished Floor Elevation (s}=Not verified by field measuren;er.t FD-Found S/6' Iron Reber PL=Value as platted ' MS=Value as measured fn field ~ ~ ~=Value as platted dt field measured Slte Benchmark - ' \ I ~ ~ ~O \ 4:,-'ter ~'Yp ` e'v~ ~ k 6 \ c~ 4 ~ ~ ~~4 ti \od: ~~t ,~,~G• r+ try' ~ ~ r`~~5~ ¢i,} u~~P , C' S . ~ ~ ~ ~ ~ ~ i S' , . ~ L,er'~~ ~ / 10 Q,rat, ~ ~~~`1 J~t~~t O ~ ~ ~ ~ , ~ 9 ~ ~ i°~ c S,S o zcr~. l 011 ~~p. O~~~P ,~p0 AWF 260 NE SOLIDA DRIVE LAST FIELD DATE:B 30 07 fsc:,LE:1°=30' I Atlantic land Designs BOUt~1DARY SUR~/EY 1D,1T=:08~30~07:' of the Treasure Coast Cert f tied to: Cameron Dewhurst 3353 IJW MAIN AVENUE Bank of Americo, N.A., LS.A.O.A. "D,~ y: KAC I Jensen Beach, FL, 34957 Landsafe Title of Florida 105-_0605 ~ (772) 398-4290 First American Title Insurance Co. r - I hereby certify that the aurvey ahom hereon la true and correct EXHIBIT ' REVISIONS and la based on actual meaeeurementa token In the Ileld. Thla ' - i aurvey meets the Illnimm Teahntcal Standards o} Chapter BiC17 '~a Florida adminietretlva cods. 11 t D a _ fnT vino wlTllour n+E 9 ~ SIGNANtE A!D aRICIHAL Jamaa A.. alto P.S.11. ILt I5E0 SEAL OF A FLORIDA p ofeaa lanai Su vayor ~ Y par fb. 5543 LICENSED AND State f Flo t AGENDA REQUEST ITEM NO. VI-B-3 _ ® ~ Date: October 6, 2009 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: General Services Administration -Supplemental Lease Agreement No. 4 for Trailer Storage at Fairgrounds BACKGROUND: See C.A. No. 09-1203 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed Supplemental Lease Agreement No. 4 with the General Services Administration, and authorize the Chair to sign the agreement. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 Faye W. Outlaw, MPA ® County Administrator ,i Coordination/Signatures County Attorney: F' ' Mgt. & Budget: Purchasing: Daniel S. c~n~re Originating Dept.: rr Other : Other Debra Brisson FiY _~.~e (Check for Copy only, if applicable): ~ i INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 09-1203 DATE: September 21, 2009 SUBJECT: General Services Administration -Supplemental Lease Agreement No. 4 for Trailer Storage at Fairgrounds BACKGROUND: Attached to this memorandum is a copy of n Supplemental Lease Agreement No. 4 with the General Services Administration for storage of Federal Emergency Management Administration trailers at the Fairgrounds. The agreement retroactively extends the existing November 15, 2005 lease from May 15, 2009 through and including November 14, 2009. Thereafter, the lease will continue on a month to month basis subject to thirty (30) days termination notice. The monthly rental rate will remain twenty-nine thousand seven hundred fifty and 00/100 dollars ($29,750.00). RECOMMENDATION/CONCLUSION Staff recommends the Board of County Commissioners approve the proposed Supplemental Lease Agreement No. 4 with the General Services Administration, and authorize the Chair to sign the agreement. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Parks and Recreation Director Finance Director Management and Budget Director SUPPLEMENTAL DATE GENERAL SERVICES ADMINISTRATION AGREEMENT PUBLIC BUILDINGS SERVICE N0.4 TO LEASE N0. HSFE04-05-7751 SUPPLEMENTAL LEASE ACREE~YIENT ADDRESS OF PREMISES: ~0 acres at the St. Lucie County Fairgrounds 15601 W. Midway Road, Ft. Pierce, Florida 34982 THIS AGREEMENT, made and entered into this date by and between St. Lucie County, Florida whose address is 2300 Virginia Avenue Ft. Pierce, Florida 34982 hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WHEREAS, the parties hereto desire to amend the above Lease. NOW THEREFORE, these parties for the considerations hereinafter mentioned covenant and agree that the said Lease is amended, effective May 15, 2009, as follows: Paragraph 2 an d 4, of the SF2, of the lease, is hereby deleted and the following is inserted in lieu thereof: "TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on May 15, 2009 through November 14, 2009 (six months firm). The government will continue after November 14, 2009 on a month to month basis. The Government may terminate this lease at any time after November 14, 2009, by giving at least thirty (30) days notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. All other terms and conditions of the Lease shall remain in force and in effect IN WITNESS WHEREOF, the parties subscribed there names as of the above date. LESSOR: St. Lucie County, Florida BY (Signature) (Title) IN PRESENCE OF (Signature) (Address) UNITED STATES OF AMERICA, GENERAL SERVICES ADMINISTRATION BY Contracting Officer (Signature) (Official Title) AGENDA REQUEST ITEM NO. VI B4 DATE: October 6, 2009 5: _ ~ _ REGULAR [ ' ~ PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Resolution 09-268 - A resolution authorizing the Escambia County Housing Finance Authority to operate within the boundaries of St. Lucie County on behalf of St. Lucie County and the Housing Finance Authority of St. Lucie County to finance qualifying single family mortgage loans; approving form and execution of an interlocal agreement between the Authority and the Escambia Authority; approving the issuance of not exceeding $300,000,000 single family revenue bonds on behalf of St. Lucie County. BACKGROUND: See CA No. 09-1204 PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board adopt Resolution No. 09- 268 as drafted and authorize the Chair to sign. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: ~ [ ]Management & Budget: [ ]Purchasing: Daniel S. McIntyre [ ]Road & Bridge.: [ )Parks & Recreation Director [ ]Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) 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: 09-1204 DATE: September 21, 2009 SUBJECT: Resolution No. 09-268 - A resolution authorizing the Escambia County Housing Finance Authority to operate within the boundaries of St. Lucie County on behalf of St. Lucie County and the Housing Finance Authority of St. Lucie County to finance qualifying single family mortgage loans; approving form and execution of an interiocai agreement between the Authority and the Escambia Authority; approving the issuance of not exceeding $300,000,000 single family revenue bonds on behalf of St. Lucie County. BACKGROUND: On September 29, 2009, the Housing Finance Authority of St. Lucie County held a public hearing to consider financing single family mortgage loans through Escambia County Housing Finance Authority single family revenue bonds. St. Lucie County has been participating in this program since at least 1991. Adoption of the resolution will not authorize or commit the expenditure of any funds of the Authority or St. Lucie County. The bonds are limited, special obligations and will not constitute a debt of the Authority or the County. The documents have been reviewed and approved by the Authority's bond counsel. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners adopt Resolution No. 09-268 as drafted and authorize the Chair to sign. Respectfully submitted Katherine Mackenzie-Smith Assistant County Attorney KMS/cn Attachment RESOLUTION NO. 09-268 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AUTHORIZING THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY TO OPERATE WITHIN THE BOUNDARIES OF ST. LUCIE COUNTY, FLORIDA ON BEHALF OF ST. LUCIE COUNTY, FLORIDA AND THE HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA, TO FINANCE QUALIFYING SINGLE FAMILY MORTGAGE LOANS; AUTHORIZING THE HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA, TO ENTER INTO AGREEMENTS WITH THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY; APPROVING A FORM OF AND EXECUTION AND DELIVERY OF AN INTERLOCAL AGREEMENT BETWEEN THE HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY AND THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY; APPROVING THE ISSUANCE BY THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY OF NOT EXCEEDING $300,000,000 SINGLE FAMILY MORTGAGE REVENUE BONDS ON BEHALF OF ST. LUCIE COUNTY, FLORIDA AND THE HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA, PURSUANT TO SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; PROVIDING THAT SUCH BONDS CONSTITUTE LIMITED, SPECIAL OBLIGATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 159, Part IV, Florida Statutes (the "Act") authorized counties to create housing finance authorities to exercise powers of the Act within their boundaries or outside their boundaries with the consent of the governing body of the territory outside their area of operation; and WHEREAS, the Board of County Commissioners of Escambia County, Florida, (the "Escambia Board") on May 29, 1980, enacted Ordinance No. 80-12 and on March 20, 2003, the Escambia Board enacted Ordinance 2003-8 (collectively, the "Ordinance"), creating the Escambia County Housing Finance Authority (the "Escambia Authority") and authorized the Escambia Authority to exercise all powers under the .4ct subject to approval by the Escambia Board as a condition precedent to the effec=iveness of the certain actions of the Escambia Authority; and WHEREAS, pursuant to the Act, the Board of County Commissioners of St. Lucie County, Florida, (the "St. Lucie Board") has found a shortage of affordable housing and capital for investment therein and a need for a housing finance authority to function in St. Lucie County, Florida ("St. Lucie County") and did accordingly create the Housing Finance Authority of St. Lucie County, Florida (thy "St. Lucie Authority"); and Rev-08/11;09-8073-St Lucie Co-St Lucie BCC Reso-vl I WHEREAS, it is not practicable at this time under existing Florida and Federal laws and regulations for the St. Lucie Authority to issue its mortgage revenue bonds for the purpose of implementing a single family housing program, although the shortage of such single family housing and capital for investment therein is continuing in St. Lucie County; and WHEREAS, the Escambia Authority by a resolution duly adopted on January 13, 2009 (the "Enabling Resolution"), as amended and supplemented, authorized a plan of finance, as permitted by Section 5f.103-2(f)(3) of the Regulations under the Intemal Revenue Code of 1986, as amended, (the "Plan") for the issuance of not exceeding $300,000,000 Single Family Mortgage Revenue Bonds (Multi-County Program) (the "Bonds" or the "Escambia Bonds") in multiple series (the "Program"); and WHEREAS, the Escambia Authority has indicated that, pursuant to the Plan, it expects to issue the Bonds from time to time with such particular Series designations as shall be appropriate in an aggregate principal amount not exceeding $300,000,000, exclusive of any amounts required for refunding purposes; and WHEREAS, the Escambia Authority has expressed an interest in pursuing the Program through a joint program with the St. Lucie Authority for the issuance by the Escambia Authority of a sufficient principal amount of the Escambia Bonds to finance qualifying single family mortgage loan programs for Escambia County, Florida ("Escambia County") and St. Lucie County and certain other counties through amulti-county single family housing program (the "Escambia Multi-County Single Family Housing Program"); and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, ~ as amended (hereinafter referred to as the "Code") requires public approval of certain private activity bonds and the plan of finance therefor by an applicable elected representative or governmental unit following a public hearing and the St. Lucie Board, constitutes an applicable elected representative or governmental unit; and WHEREAS, pursuant to Section 147(f) of the Code a public hearing was scheduled by the St. Lucie Authority, on behalf of the St. Lucie Board, the Escambia Board and the Escambia Authority Eor September 29, 2009, at 4:00 p.m. or as soon thereafter as practicable and notice of such hearing was given in the form required by the Code by publication more than fourteen (14) days prior to the public hearing; and WHEREAS, the St. Lucie Authority has indicated that the required public hearing was conducted at the time and place advertised and at such hearing reasonable opportunity was provided for all interested individuals to express their views, both orally and in writing, on the issuance of the Bonds; and Rev-08/17/09-8073-St Lucie Co-St Lucie BCC Resu-vl 2 WHEREAS, the St. Lucie Authority on behalf of the St. Lucie Board, the Escambia Authority and the Escambia Board, diligently and conscientiously considered all comments and concerns expressed by such individuals; and WHEREAS, the St. Lucie Board desires to express its approval of the action to be taken pursuant to the Enabling Resolution and the Act and as required by Section 147(f) of the Code; and WHEREAS, the St. Lucie Board desires to authorize the St. Lucie Authority to undertake certain actions as necessary in connection with participation in the Escambia Multi-County Single Family Housing Program and the issuance, sale, authentication and delivery of the Bonds by Interlocal Agreement (the "Interlocal Agreement") with the Escambia Authority; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Because of the continuing shortage of affordable single family housing and capital for investment therein in St. Lucie County and the continuing impediments to a bond issue to alleviate such shortages as to single family housing, it is hereby determined that the St. Lucie Board consents to the Escambia Authority exercising its powers to issue the Bonds on behalf of St. Lucie County and the St. Lucie Authority and to implement the Plan to provide capital from sources of funds available to the Escambia Authority, including but not limited to a portion of the proceeds of the Bonds, and proceeds of obligations refunded by the Bonds, to establish the Program to finance Mortgage Loans for single family housing within the statutory boundaries of St. Lucie County ("Mortgage Loans"); provided, that the Escambia Authority and the St. Lucie Authority first enter into a written agreement setting forth the powers, duties and limitations of the St. Lucie Authority as they pertain to participation in the Escambia Multi- County Single Family Housing Program and the issuance, sale, authentication and delivery of said Bonds and the use of said Bond proceeds within St. Lucie County and payment of the issuance costs for such Bonds. Section 2. In furtherance of the purposes set forth in Section 1 hereof the Chairman or Vice-Chairman and Secretary or Deputy Secretary of the St. Lucie Authority are hereby authorized to execute such consents, intergovernmental agreements, applications, instruments or other documents as shall be required to implement participation by the St. Lucie Authority of such Program and to provide for payment of St. Lucie Authority's proportionate share of the costs thereof, including but not limited to the costs c issuance of such Bonds, all as shall be approved by counsels to the St. Lucie Authority. Section 3. The Interlocal Agreement, in substantially the Eorm attached hereto as Exhibit A, and made a part hereof, between the St. Lucie Authority and the Escambia Authority is hereby approved. The officers of the St. Lucie Authority are, upon due authorization and approval by that body, hereby authorized to enter into such Interlocal Agreement on behalf of Rev-08/17/09-8073-St Lucie Cu-St Lucie BCC Resu-vi 3 the St. Lucie Authority with such changes, modifications, insertions, omissions, substitutions, and such filling of blanks therein not inconsistent herewith as the officers executing same may approve, such execution and delivery to be conclusive evidence of such approval. The appropriate officers of the St. Lucie Authority are hereby further authorized to execute and deliver such other documents and instruments as may be necessary to implement such Interlocal Agreement, including, without limitation, application for up to the maximum available private activity bond volume allocations pursuant to Chapter 159, Part VI, Florida Statutes, for the purposes set forth in the Interlocal Agreement. Section 4. The St. Lucie Board hereby approves, within the meaning of Section 147(f) of the Code, the Escambia Authority's Plan and the issuance by the Escambia Authority in multiple series from time to time of not exceeding $300,000,000 Single Family Mortgage Revenue Bonds, initially designated as "(Multi-County Program)," with such particular Series designation as shall be appropriate for funding the Escambia Authority's Program for Mortgage Loans, and such other action to be taken by the St. Lucie Authority pursuant to the Enabling Resolution or the Act, in connection with the issuance, sale, authentication and delivery of the Bonds. A copy of the minutes of the public hearing held by the St. Lucie Authority on September 29, 2009 pursuant to Section 147(f) of the Code is attached hereto as Exhibit B and made a part hereof. The related Resolution of the St. Lucie Authority, adopted September 29, 2009, following the public hearing is attached hereto as Exhibit C and made a part hereof. Section 5. The principal of and premium, if any, and interest on the Bonds and all payments required under the proposed financing agreements, including the Interlocal Agreement, shall be payable solely by the Escambia Authority from the proceeds derived by the Escambia Authority under the proposed financing agreements, and St. Lucie County shall never be required to (i) levy ad valorem taxes on any property within its territorial limits to pay the principal of and premium, if any, and interest on the Bonds or to make any other payments provided for under the proposed financing agreements, or (ii) pay the same from any funds of St. Lucie County whatsoever. Adoption of this Resolution does not authorize or commit the expenditure of any Funds of St. Lucie County or of the St. Lucie Authority to pay the costs of issuance of such Bonds. The Bonds are limited, special obligations and will not constitute a debt of the State of Florida, St. Lucie County, Escambia County, or other participating Counties or of the St. Lucie Authority, the Escambia Authority or other participating Housing Finance Authorities, but will be payable solely from payments made from the revenues generated from the Program. Section 6. All resolutions or parts thereof of the St. Lucie Board in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. Rev-08/17/09-8073-St Lucie Cu-St Lucie BCC Reso-vl 4 Section 7. This Resolution shall take effect immediately upon its adoption. Duly adopted in the regular session this day of , 2009. ST. LUCIE COUNTY, FLORIDA By: Its: Chairman Board of County Commissioners (SEAL) ATTEST: CLERK OF THE COURTS ST. LUCIE COUNTY, FLORIDA By: APPROVED AS TO FORM: ST. LUCIE COUNTY ATTORNEY'S OFFICE By: Rev-08/17/09-8073-Si Lucie Co-St Lucie BCC Pesu-vl 5 Exhibit A FORM OF INTERLOCAL AGREEMENT Rev-OS/17/09-8073-St Lucie Co-St Lucie BCC Reno-v l 6 INTERLOCAL AGREEMENT THIS AGREEMENT made and entered into this 1st day of October, 2009, by and between the ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY, a public body corporate and politic organized and existing under the laws of the State of Florida (hereinafter referred to as the "Escambia Authority"), and the HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA, a public body corporate and politic organized and existing under the laws of the State of Florida (hereinafter referred to as the "Local Authority"); WITNESSETH: WHEREAS, Chapter 159, Part IV, Florida Statutes (the "Act") authorizes the creation of housing finance authorities within the State of Florida (the "State") for the purpose of issuing revenue bonds to assist in relieving the shortage of housing available at prices or rentals which many persons and families can afford; and WHEREAS, the Escambia Authority by a resolution duly adopted on January 13, 2009 (the "Enabling Resolution"), as amended and supplemented, authorized a plan of finance, as permitted by Section 5f.103-2(f)(3) of the Regulations under the Internal Revenue Code of 1986, as amended, (the "Plan") for the issuance of not exceeding $300,000,000 Single Family Mortgage Revenue Bonds (Multi-County Program) (the "Bonds" or the "Escambia Bonds") in multiple series (the "Program"); and WHEREAS, the Escambia Authority has indicated that, pursuant to the Plan, it expects to issue the Bonds from time to time with such particular Series designations as shall be appropriate in an aggregate principal amount not exceeding $300,000,000, exclusive of any amounts required for refunding purposes; and WHEREAS, the Escambia Authority has expressed an interest in pursuing the Program through a joint program with the Housing Finance Authority of St. Lucie County, Florida (the "St. Lucie Authority") for the issuance by the Escambia Authority of a sufficient principal amount of the Escambia Bonds to finance qualifying single family mortgage loan programs for Escambia County, Florida ("Escambia County") and St. Lucie County and certain other counties through amulti-county single family housing program (the "Escambia Multi-County Single Family Housing Program"); and WHEREAS, pursuant to Sections 143 and 146 of the Internal Revenue Code of 1986, as amended (the "Code"), the amount of mortgage revenue bonds (as defined in Section 143 of the Code) which may be issued in each year is limited by a private activity volume cap which has been established for such purpose within the State; and 1 RIL-UHil7/09-~~0'3-St. Lucie Co-St. Lucie ILA-vl WHEREAS, the limitations upon available portions of the private activity volume cap prevents the separate issuance of mortgage revenue bonds for each county from being feasibly and economically accomplished; and WHEREAS, the Escambia Authority has authorized a sufficient amount of Escambia Bonds to fund, or to refund or refinance outstanding obligations, the proceeds of which will be used to finance a portion of the anticipated demand during the proposed Origination Period for qualifying single family mortgages ("Mortgage Loans") of both Escambia County, Florida and St. Lucie County, Florida (the "Participating County"), as well as certain other counties which may also participate in a joint bond program; and WHEREAS, the aggregation of mortgage loan demand and the securing of the related amount of the cumulative State private activity volume cap (the "Allocation Amounts") granted by the State through 2012 (the "Authorization Period") for the purpose of issuing mortgage revenue bonds to finance qualifying single family residences to be occupied primarily by first- time home buyers will result in a wider allocation of fixed expenses and certain other economies of scale; and WHEREAS, unless such economies are realized, the issuance of mortgage revenue bonds for such purpose would be less economical, resulting in higher mortgage costs to qualified mortgagors; and WHEREAS, Sections 159.603 and 159.604, Florida Statutes, authorize the Participating County to approve the issuance of mortgage revenue bonds through the Escambia Authority to alleviate the shortage of affordable housing within the Participating County, which approval has been granted by a resolution of the Board of County Commissioners of the Participating County adopted on , 2009 (the "County Resolution"); and WHEREAS, because the restrictions attendant to mortgage revenue bonds under the Code limit the availability of mortgage funds for many eligible persons (within the meaning of the Act), the Escambia Authority may also issue taxable mortgage revenue bonds to increase the amount available for Mortgage Loans and to reduce or ameliorate such restrictions upon eligible persons; and WHEREAS, Sections 163.01, 159.608 and 125.01, Florida Statutes, and the County Resolution authorize this Agreement by conferring the authority to exercise or contract by agreement upon the Escambia Authority to exercise those powers which are common to it and the other parties hereto and to include the Participating County within the Escambia Authority's area of operation pursuant to Florida Statutes, Section 159.603(1) for the purpose of issuing mortgage revenue bonds based on the Allocation Amounts to (i) make available funds to finance qualifying single family owner-occupied residences located within the Participating Counties in accordance herewith, (ii) establish the reserves therefor, and (iii) pay the costs of issuance thereof. RIL-08/17/09-8073-St. Lucie Co-St. Lucie ILA-vl NOW THEREFORE, the parties agree as follows: Section 1. Allocation Amounts; Substitution of Bonds. The Local Authority hereby authorizes the Escambia Authority to issue, reissue, remarket or refund qualified mortgage revenue bonds, in the form of its Single Family Mortgage Revenue Bonds in multiple series from time to time based on the Allocation Amounts through the Authorization Period for the purpose of financing the Program and making funds available for qualifying single family owner-occupied residences in the Participating County to the full extent permitted by the Act. Any Escambia Bonds issued for such purposes in the Participating County are hereby deemed to be in full substitution for an equivalent principal amount of the Local Authority's bonds that could have been issued for such purpose. The Local Authority hereby authorizes the Escambia Authority to utilize the Local Authority's Allocation Amounts on behalf of the Local Authority as part of its Plan for the purpose of funding the Program, including, among other things, financing of qualifying single family mortgages in the Participating County, and the Escambia Authority is hereby designated as the bond issuing authority for the Local Authority through the end of the Authorization Period with respect to all such Allocation Amounts. The proceeds of the Escambia Bonds shall be allocated and applied to the funding, or refinancing of or refunding obligations, the proceeds of which will be used for the funding of Mortgage Loans within the various Participating Counties and for reserves and the payment of costs of issuing the Escambia Bonds, all in accordance with final program documents approved by the Escambia Authority. All revenues generated by bonds issued pursuant to this Agreement and by the use of the proceeds thereof, will be administered by the Escambia Authority, or its agents, and all payments due from such revenues shall be paid by the Escambia Authority, or its agents, without further action by the Local Authority. Section 2. Administration. The Escambia Authority hereby assumes responsibility for administering this Agreement by and through its employees, agents and officers; provided, however, that the Local Authority retains and reserves its right and obligation to require reasonable reporting on programs designed for and operated within the Participating County, including, but not limited to, reasonably available mortgagor or profile data. The Escambia Authority and its agents shall provide the Local Authority with a copy of the transcript of documents and proceedings for the Escambia Bonds and such reports as may be necessary to comply with disclosure requirements and to account for funds generated by this Agreement. The Escambia Authority shall have full authority and responsibility to negotiate, define, validate, market, sell, issue, reissue, deliver, refund or remarket its Escambia Bonds in the maximum Allocation Amounts, based upon mortgage loan demand and available Allocation Amounts permitted by law to finance qualifying single family housing developments in the Participating County and to take such other action as may be necessary or convenient to RIL-0R/17i09-8073-S t. Lucie Cu-s t. Lucie ILA-vl accomplish such purpose. Each Participating County may apply for the full Allocation Amount available for such Participating County. It is agreed that the initial regional Allocation Amount for the Escambia Bonds in the Participating County and other Participating Counties located within the same bond volume allocation region under Section 159.804, Florida Statutes, shall be allocated ratably between the Participating County and such other Participating Counties within such region based upon lender demand through June 15 of each year. The issuance and administration costs and expenses related to the Escambia Bonds issued to finance the Program and administration of such Program shall be paid from proceeds of the Escambia Bonds and revenues generated from the housing Program. Section 3. Program Parameters. (A) Upon request of the Escambia Authority, the Local Authority shall, to the extent permitted by law, (i) approve, establish, and update, from time to time as necessary, upon the request of the Escambia Authority, such Program parameters including, but not limited to, maximum housing price and maximum adjusted family income for eligible borrowers, as may be required for any bonds issued by the Escambia Authority pursuant to this Agreement and (ii) approve the allocation of Mortgage Loan moneys for each lending institution offering to originate Mortgage Loans within the Participating County. Unless otherwise notified in writing by the Local Authority, the Escambia Authority may from time to time approve and establish such maximum price and family income amounts at the maximum levels provided pursuant to the Code without further action of the Local Authority. or Participating County. (B) The fees and expenses of the Local Authority and the fees and expenses of its counsels shall be paid from the proceeds of the Program in the manner and to the extent mutually agreed upon by the officials of the Local Authority and the Escambia Authority at or prior to issuance of the Escambia Bonds Section 4. Term. This Agreement will remain in full force and effect from the date of its execution until such time as it is terminated by any party upon ten (10) days written notice to the other party hereto. Notwithstanding the foregoing, it is agreed that this Agreement may not be terminated by the Local Authority during the Authorization Period, or by any party during any period that the Escambia Bonds issued pursuant to the terms hereof remain outstanding, or during any period in which the proceeds of such Escambia Bonds (or investments acquired through such proceeds) are still in the possession of the Escambia Authority, or its agents, pending distribution, unless either (i) the parties to this Agreement mutually agree in writing to the terms of such termination or (ii) such termination, by its terms, only applies prospectively to the authorization to issue Escambia Bonds for which no Allocation Amount has been obtained or used by the Escambia Authority and for which no purchase contract has been entered into. It is further agreed that in the event of termination the parties to this Agreement will provide -t RIL-08/17/09-8073-St. Lucie Cu-St. Lucie ILA-vl continuing cooperation to each other in fulfilling the obligations associated with the issuance of Bonds pursuant to this Agreement. Section 5. Indemnity. To the full extent permitted by law, the Escambia Authority agrees to hold the Participating County and the Local Authority harmless from any and all liability for repayment of principal of and interest or penalty on the Escambia Bonds issued pursuant to this Agreement, and the members, officials, employees and agents of the Participating County and the Local Authority harmless from any and all liability in connection with the approval rendered pursuant to Sections 159.603 and 159.604, Florida Statutes. The Escambia Authority agrees that any offering, circular or official statement approved by and. used in marketing the Escambia Bonds will include a statement to the effect that Bond owners may not look to the Participating County or the Local Authority and their respective members, officials, employees and agents for payment of the Escambia Bonds issued pursuant to this Agreement and interest or premium thereon. KIL-08/17%09-4073-St. Lucie Cu-St- Lucie ILA-~~I IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof as of the date first above written. ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY (SEAL) ATTEST: By: Sandra J. Ward, Chairperson By: Robert Ward, Secretary HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA (SEAL) ATTEST: By: Chairman By: Secretary 6 RIL-08/17/09-3073-St. Lucie Co-St. Lucie ILA-vl The undersigned Secretary of the Housing Finance Authority of St. Lucie County, Florida, does hereby certify that the foregoing is a true and complete original of the Interlocal Agreement executed by the Chairman and Secretary as of October 1, 2009. Date: October 1, 2009 HOUSING FINANCE AUTHORITY OF ST. LUCIE COUNTY, FLORIDA By: Secretary (SEAL) 7 RiL-03/li/09-3073-St. Lucie Co-St. Lucie [LA-~ 1 Exhibit B MINUTES OF PUBLIC MEETING Rev-08/17/09-8073-St Lucie Cu-St Lucie BCC Reso-vl 7 EXHIBIT C AUTHORITY RESOLUTION Rev-08/17109-8073-St Lucie Co-St Lucie BCC Reno-vl $ A(UENDA REQUEST 1TEM NO. Vl-B-S DATE: October 6, 2009 ~ ~ REGULAR [ ] ® PUBLIC HEARING ® ~ Leg. [ ]Quasi-JD [ ] ~I~I91 ~V1I~ ~ CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney PR$SENTED BY: JoAnn Riley Property Acquisition Manager SUBJECT: Donation ofRight-of--Way Denedios Holdings, LLC 10 feet ofright-of--way on Hammond Road Resolution No. 09-293 BACKGROUND: See attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: April 28, 2009 -Board of County Commissioners approved Resolution No. 09-019 granting approval to a Major Site Plan known as Denedios Holdings, LLC. RECOMMENDATION: Staff recommends that the Board accept the Warranty Deed, authorize the Chair to sign Resolution No. 09-293 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: [x] APPROVED [ ]DENIED [ ]OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [x] County Attorney: [x] Road and Bridge [x] Public Works: ~ . ~~yv Daniel McIntyre Don Pauley Don West i [x] Originating Dept: Jtv~~c.r [x] Engineering: w]~'' JoAnn Riley Michael Powley PROP~RTYACQUISITION DIVISION o ~~~oRANDU~ q _ Nay TO. Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: October 6, 2009 SUBJECT: Donation of Right-of-Way Denedios Holdings, LLC 10 feet of right-of-way on Hammond Road Resolution No. 09-293 BACKGROUND: Resolution No. 09-019 required Denedios Holdings, LLC. to donate 10 feet of right-of-way on Hammond Road to St. Lucie County ns part of their site plan approval. Attached is a copy of the Warranty Deed for the 10 feet of right-of-way on Hammond Road along with Resolution No. 09-293. RECOMMENDATION: Staff recommends that the Board accept the Warranty Deed, authorize the Chair to sign Resolution No. 09-293 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, 'J~dAnn Riley Property Acquisition Manager n i i" S~blect ~ ~ o _ _ Z 0 a ac W N _ I _ . , ° D c v F Z MELISSA LN ~ ~ r-. _ ~ ~ ~ ~ ~ ~ ~ - ~ ~ I - V ~ i ~ ~ ~ I c ~ _I _ I ~ ° DEANNA LN ~ ~ ~ I, , ~ I ~ f ~ - ~ _ _ - . - _ i ~ ~ i i i ; o _ - ° AMY LN m ~ _T p o i i ~ I j ~ TAILWIND DR _ ~ 1 ~ MARGARET ANN LN ° 5. ( _ ~ i i 1~ a r _ _ _ _ 60 ST LUCIE BLVD s This Document Prepared By and Return to: Stephen Navaretta, Esq. Navaretta & Navaretta, P.A. 1100 SW St. Lucie West Blvd., Ste. 203 Port St. Lucie, FL 34986 Parcel [D Number: 1430-313-0002-000-9 Warranty Deed This Indenture, Made this day of July , 2009 A.D. , Between DENEDIOS HOLDINGS,LLC.,.a Florida Limited Liability Company of the City of Port St . Lucie , Country of ,grantor, and St. Lucie County, apolitical subdivision of the State of Florida whose address is: 2300 Virginia Avenue of the county of Saint Lucie , state of Florida ,grantee. Witnesseth dial the GRANTOR, for and in consideration of the sum of ------------------------TEN DOLLARS ($lO)----------------------- DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Saint Lucie State of Florida to wit: See Attached Exhibit A. The land being conveyed is described in Schedule A, pursuant to St. Lucie County Resolution No.09-019 recorded in O.R. Book 3089, Page 70, of the Public Records of St. Lucie County, Florida. and the grantor does hereby fully warrant the title to said land, and will defend the same against l~,wftrt'~'ims of al] persons whomsoever. In Witness hereof, the grantor has hereunto set its hand and sea] the day and year first'~~ ov itten. Signe eal~an iv in our pr •ce: t~ (Seal) Printed Name• ~ L: Them s Denedios, Trustee W1~IleSS P.O. Address: 1985 Mooring Line Drive Vero Beach, Florida 32963 r r - ~ t ririted Name : /~C ~'F 't'C' t M, . ~ ~ ~ t `C Witness STATE OF Florida COUNTY OF St . Lucie - r'~f The foregoing instrument was acknowledged before me this ,~C 7 day of July , 2009 by Thomas Denedios, as Trustee of the Amended and Restated Declaration of Trust of Thomas Denedios Dated January 31, Managing Member wfio is personally known to me or who has produced -`as identification. Printed e: o~~r open vt2r,~ ~utdic Si~tF Of Florida ~ ~Jsvare~t2 My Commission Expires: c viy Gnmmission Dt~ti757$0 DENEDIOS app i~~~ enerared by Dis la S stems, Inc, 2009 Exair~s O~lw i#~'14 a r r isFS~ ~a3-ssss F:,~m rrwo-i EXHIBIT A A 10 FOOT RIGHT-OF-WAY DEDICATION LOCATION IN THE SOUTH ONE-HALF OF THE NORTH ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTH ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, SAID POINT BEING ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF HAMMOND ROAD AS LAYED OUT AND IN USE; THENCE RUN SOUTH 89°52'22" WEST, DEPARTING SAID EXISTINGRIGHT-OF-WAY LINE, A DISTANCE OF 10.00 FEET; THENCE RUN NORTH 00°04'55" EAST, ALONG A LINE 10 FEET WEST OF AND PARALLEL TO SAID EXISTING WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 167.04 FEET; THENCE RUN NORTH 89°51'58" EAST, A DISTANCE OF 10.00 FEET TO A POINT ON SAID EXISTING WESTERLY RIGHT-OF-WAY LINE; THENCE RUN SOUTH 00°04'55" WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 167.04 FEET TO THE POINT OF BEGINNING. SAID RIGHT-OF-WAY DEDICATION CONTAINING 1,670 SQUARE FEET OR 0.04 ACRES, MORE OR LESS. t NOT A SURVEY TITLE: RIGHT-OF- WAY DEDICA TION SKETCH SCALE: 1•=30• PROJECT: DENEDIOS HOLDINGS, LLC. PAGE 2 or z JOB No.: 08-047 12/19/06 w z ~ I LEGEND ~ U R/W =RIGHT-OF-WAY a. SO = SQUARE Z FT =FEET POB =POINT OF BEGINNING 1332.83' o N89'S1'S8"E 30' 10' ~ PROPOSED R/W LINE ~ ~ p O ~ n SUBJECT PARCEL ~ ~ 222,529 sq. ft. 5.1 1 acres I ~ THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF O THE NORTHEAST 1/4 OF THE N SOUTHWEST 1/4 OF SECTION L_L_ 30, TOWNSHIP 34 SOUTH, ~ RANGE 40 EAST W Q \ m ~ ~ z ~ Q o o oZ o ~ °z °w ~ m ~ ~ o TQ N I ~L 10' R/W DEDICATION ~ POB 10' 30~ 3 S89'52'22"W a 1332.64' ~ .u VELCON GROUP, zNC. SKETCH OF DESCRIPTION 3 NOT VALID WITHOUT THE SIGNATURF_ AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER o V G BEARINGS SHOWN ARE RELATED TO THE WEST RIGHT-OF-WAY LINE o OF HAMMOND ROAD, AS BEARING SOUTH 00 04'55" WEST AND ALL m OTHER BEARINGS RE RELATIVE THERETO. ENGINEERS & SURVEYORS / 702 S. W. PORT ST. LUClE BLVD. J ~ PORT ST. LUCIE, FLORIDA 34953 ~ ~ ' ~ (772) 879 - 0477 ROBERT F. ICEMERSON o (772) 871-6659 (FAX) PROFESSIONAL SURVEYOR AND MAPPER LICENSE BUSINESS X4942 STATE OF FLORIDA # 6285 LL ' RESOLUTION NO. 09-293 A RESOLUTION ACCEPTING A WARRANTY DEED ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing Warranty Deed is duly accepted on behalf of St. Lucie County this 6`h day of October, 2009. ATTEST: BOARD OFCOUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY S:\.ACQ\WP\Right of Way Donations\Denedios Holdings-Hammond RdU2esolution.wpd 1 RESOLUTION N0. 09-019 2 FILE NO.: MJSP 820081511 3 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS GRANTING. 5 DENEDIOS HOLDINGS, LLC., MAJOR SITE PLAN APPROVAL FOR THE 6 PROJECT TO BE KNOWN AS DENEDIOS HOLDINGS, LLC., IN THE IL ~ (INDUSTRIAL, LIGHT) ZONING DISTRICT FOR CERTAIN PROPERTY LOCATED s IN ST. LUCIE COUNTY, FLORIDA 9 to WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 11 testimony and evidence, including but not limited to the staff report, has made the following 12 determinations: 13 14 1. Denedios HoldinQS, LLC., presented a petition for Major Site Plan Approval to allow for the 15 construction of an 8,000 square foot industrial building in the IL (Industrial, Light) Zoning 16 District for the property depicted on the attached map in Exhibit A, and described in Part B 17 below. 18 19 2. The Development Review Committee has reviewed the site plan for the proposed project 20 and found it to meet the minimum technical requirements of the St. Lucie County Land 21 Development Code and to be consistent with the future land use maps from the St. Lucie 22 County Comprehensive Plan. 23 24 3. The proposed project is consistent with the general purpose, goals, objectives and. 2s standards of review of the St. Lucie County Land Development Code, the St. Lucie 26 County Comprehensive Plan, and the Code ~of Ordinances of St. Lucie County. 2~ 2a 4. The proposed project will not have an undue adverse effect on adjacent property, the 2 9 character of the neighborhood, traffic conditions, parking, utilityfacilities, or other matters 3o affecting the public health, safety and general welfare. 31 32 5. All reasonable steps have been taken to minimize any adverse effect of the proposed 33 project on the immediate vicinity through building design, site design, landscaping, and 34 screening. 35 36 6. The proposed project will be constructed, arranged and operated so as not to interfere 37 with the development and use of neighboring property, in accordance with applicable 3s district regulations. 39 4 0 7. Water service for the proposed project will be provided by Fort Pierce Utility Authority and 41 aseptic system will be installed with permit approval from the St. Lucie County Health 42 Department. 43 44 8. The applicant has applied for and received a certificate of capacity, a copy of which is 45 attached to this order as Exhibit B, as required under Chapter V, St. Lucie County Land 46 Development Code. File No: MJSP 820081511 Resolution No. 09-019 April 28, 2009 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Page 1 SAINT LUCIE COUNTY FILE # 3344377 05/132009 at 08:39 AM OR BOOK 3089 PAGE 70 - 75 Doc Type: RESO RECORDING: $52.50 i NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 2 County, Florida: 3 4 A. Pursuant to Section 11.02.07 of the St. Lucie County Land Development Code, the site 5 plan for the project to be known as Denedios Holdings, LLC., is hereby approved as 6 depicted on the site plan drawings for the project prepared by Friscia Engineering dated ~ January 20, 2009, and date stamped received by the St. Lucie County Growth s Management Director on March 30, 2009, for the property described below, subject to the 9 following conditions: io ii 1. Within ninety (90) days of the date of the approval, the petitioner, his/her 12 successors or assigns, shall dedicate and convey to St. Lucie County, in manner 13 and form acceptable to the St. Lucie County Attorney, ten (10) feet of additional i4 right-of-way for the expansion of Hammond Road along the east line of the 15 adjacent property line of the subject property. A Florida Licensed Surveyor shall 16 prepare a sketch and legal description of the right-of-way donation. Additional 1~ requirements associated with the right-of-way include proof of ownership and is Phase 1 Environmental Audit certified to the Board showing no evidence of 19 hazardous waste contamination on the right-of-way parcel. Said dedication shall 2 o be by general warranty deed, free and clear of all liens and encumbrances. To the 21 extent permitted under the County's Code and Complied Laws, such dedication 22 may be considered eligible for Road Impact Fee Credits. 23 24 2. There shall be no open outdoor storage of materials or goods on the property, with 25 the exception of serviceable vehicles. 26 z~ 3. There shall be no wall signs constructed on the north building elevation facing the 2s existing single family home. 29 30 4. Prior to the issuance of a building permit, the petitioner, their successors or 3 i assigns shall have entered into an enforceable utility service agreement with the 32 Fort Pierce Utility Authority to ensure the provision of water services. This 33 agreement shall be in a form consistent with the Fort Pierce Utility Authority's 34 regulations regarding utility service extensions and service provisions. 35 3 6 5. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall 3 ~ execute an improvement agreement, acceptable to St. Lucie County, covering the 3 a cost of all required landscaping, tree relocation, irrigation, and related 3 9 improvements as shown in the Site Plan. A copy of this agreement can be 4 0 obtained by visiting the St. Lucie County Environmental Resources Department 4 i website at: http://www.stlucieco.oro/erd~ndex.htm. 42 43 6. The applicant shall comply with all state and federal agency regulations and 44 requirements. Prior to issuance of a Vegetation Removal Permitor Exemption, the 45 applicant shall have obtained and provided St. Lucie County with all required 46 federal and state permits. If federal or state agency compliance requires 4 ~ modification to the development plans, the applicantwill promptly modify the plans 4 s and submit to St. Lucie County for review and approval as required by the Land File No: MJSP 820081511 Resolution No. 09-019 April 28, 2009 Page 2 1 Development Code. The applicant will not use the County's development approval 2 to prevent compliance with any federal or state agency requirements. 3 4 B. The property on which this Major Site Plan is being approved is described as follows: 5 6 The South one-half of the North one-half of the South one-half of the Northeast 7 quarter of the Southwest quarter of Section 30, Township 34 South, Range 40 a East, St. Lucie County, Florida, less rights of way for public roads and drainage 9 canals (Parcel ID Number: 1430-313-0002-0009) to 11 C. The approvals and authorizations granted by this Resolution are for the purpose of 12 obtaining building permits on this property, and shall expire on April 28, 2011, unless the 13 developer has obtained building permits for the site plan described in Part A or an 14 extension has been granted in accordance with Section 11.02.06.8.2., St. Lucie County is Land Development Code. 16 17 D. The Major Site Plan approval granted under this Resolution is specifically conditioned to is the requirement that the petitioners, including any successors in interest, shall obtain all 19 necessary development permits and construction authorizations from the appropriate State 20 and Federal regulatory authorities, including but not limited to: the United States Army 21 Corps of Engineers, the Florida Department of Environmental Protection, and the South 22 Florida Water Management District, prior to the issuance of any local building permits or 23 authorizations to commence development activities on the property described in Part B. 24 2s E. The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid 2 6 for the period of Site Plan approval. Should the Site Plan approval ~ granted by this 27 resolution expire or an extension be sought pursuant to Section 11.02.06.8.2. of the St. 2s Lucie County Land Development Code, a new certificate of capacity shall be required. 29 3 o F. A copy of this resolution shall be attached to the site plan drawings described in Part A, 31 which plan shall be placed on file with the St. Lucie County Growth Management Director. 32 33 G. The St. Lucie County Growth Management Director is hereby authorized and directed to 34 cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie 35 County, Florida, and to make notation of reference to the date of adoption of this 36 resolution. 37 3a H. The conditions set forth in Part A are an integral nonseverable part of the site plan 39 approval granted by this Resolution. If any condition set forth in PartA is determined to be 4 o invalid or unenforceable for any reason and the developer declines to comply voluntarily 41 with that condition, the site plan approval granted by this resolution shall become null and 42 VOId. 43 44 I. A copy of this resolution shall be mailed, return receipt requested to the developer and 45 agent of record. This resolution shall be recorded in the Public Records of St. Lucie 46 County. The recording of this resolution does not authorize the commencement of any on- File No: MJSP 820081511 Resolution No. 09-019 April 28, 2009 Page 3 1 site development activities without obtaining such further development permits as maybe a required. 3 4 After motion and second, the vote on this resolution was as follows: 5 s Chair Paula Lewis AYE s Vice-Chair Charles Grande AYE 9 to Commissioner Chris Dzadovsky AYE 11 12 Commissioner Doug Coward AYE 13 14 Commissioner Chris Craft AYE 15 is PASSED AND DULY ADOPTED this 28th day of April 2009. 17 19 BOARD OF COUNTY COMMISSIONERS 19 ST. LUCIE COUNTY, FLORIDA _ 2 0 SC `t~E' Cj~CU 21 O _ l~ ' s3 ;y~__ _ _ _ n4 BY Chair z 5 z6 ~ATTE fi. ~ - ~ APPROVED AS TO FORM 27 cf>~ ~ AND RECTNESS: 28 ' 2 9 t lJc Q~~ 30 31 3z DEPUTY CLERK COUNTY ATTO E File No: MJSP 820081511 Resolution No. 09-019 April 28, 2009 Page 4 ~ n EXI~IBIT A1RF IEL4 4A SUBJECT PROPERTY AIRMANS OR SUN CITRUS BLVD O K ME LIS SA LN C ~ z r O p DEAN NA LN g; ~ + b PAN AM BLYO AMY LN p MtARG ARET~ANN LN ~ TAILW PlD DR ST,LU CtE BLVD O . ~ ~ i W ~ W W2~ d Y W W EXHi~ ~1 St Lucie County Certificate of Capacity Date 3/24/2009 Certificate No. 2804 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 Pian for: 1. Type of development Resolution No. 09-019 Number of units 0 Number of square feet 8000 2. Property legal description 8~ Tax ID no. 1430-313-0002-0009 1/3 mile north of Hammond/St. Lucie Blvd. Denedios Holdings, LLC 3. Approval: Building Resolution No. 09-019 Letter ~-28-04 4. Subject to the following conditions for concurrency: As per Resolution No. 09-019. Owner's name Denedios Holdings, LLC Address 1985 Mooring Line Drive Vero Beach FL 32963 6. Certificate Expiration Date 4/28/2011 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. Signed ~ Date: 3/24/2009 Growth Management Director St Lucie County, Florida Tuesday, March 24, 2009 Page 1 of 2 r= n y"`"s" AGENDA REQUEST ITEM NO. VI- Bb DATE: October 6, 2009 ® u~ 3- REGULAR [ ] .:y q j>-; , r) PUBLIC HEARING Leg. [ ]Quasi-JD [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY. SUBMITTED BY (DEPT.): County Attorney JOAnn Riley Property Acquisition Manager SUBJECT: Second Amendment to the following Contracts: Callaway & Price, Inc. (C06-08-554) Deighan Consultants (C06-08-553) East Coast Appraisers & Consultants (COG-08-511) Fuller-Armfield-Wagner Appraisal & Research, Inc. (C06-08-512) BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: Various County Department accounts PREVIOUS ACTION: August 22, 2006 -Board of County Commissioners approved the award of RFP 06-073 to the following firms: Callaway & Price, Inc., Deighan Consultants, East Coast Appraisers & Consultants, and Fuller-Armfield-Wagner Appraisal & Research, Inc. July 15, 2008 -Board of County Commissioners approved the First Amendment to the following contracts: Callaway & Price, Inc. (C06-08-554), Deighan Consultants (C06-08-553), East Coast Appraisers & Consultants (C06-08-511), and Fuller-Armfield-Wagner Appraisal & Research, Inc. (COb-08-512). RECOMMENDATION: Staff recommends Board approval of the Second Amendment to the following contracts: Callaway & Price, Inc. (C06-08- 554), Deighan Consultants (C06-OS-553), East Coast Appraisers & Consultants (C06-08-511), and Fuller-Armfield-Wagner Appraisal & Research, Inc. (C06-08-512) extending the contracts through August 21, 2010 and authorization for the Chair to sign the Amendments as prepared by the County Attorney's office. COMMISSION ACTION: CONCURRENCE: ~C] APPROVED [ ]DENIED [ )OTHER Approved 5-0 Faye w. Outlaw, MPA County Administrator 1 Review and Approvals [x] County Attorney: (]Road and Bridge`~a~_ [ ]Public Works: Daniel 5. McIntyre Donc P~auley Do Wei [x] Griginating Dept: `f /;t [ ]Engineering: 1 ° ~ } [x] OMB/Purchasing: JoAnn Riley ike Pow ey Marie Gouin 5:\ACQ\WP\JOAnn\RFP'S\Appraisal Services\Agenda Request Second Amendment.wpd = ~ a k~ INTER-OFFICE MEMORANDUM ® ST. LUCIE COUNTY, FLORIDA o- _ -a ~ ~ TO. Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: October 6, 2009 SUBJECT: Second Amendment to the following Contracts: Callaway ~ Price, Inc. (C06-08-554) Deighan Consultants (C06-08-553) East Coast Appraisers & Consultants (C06-08-511) Fuller-Armfield-Wagner Appraisal & Research, Inc. (C06-08-512) BACKGROUND: On July 14, 2006, submittals for RFP 06-073 -Appraisal Services were opened. Five hundred and three (503) companies were notified, seventeen (17) documents were distributed, and six (6) proposals were received. The selection committee recommended awarding the RFP to the following four firms: Callaway & Price, Inc., Deighan Consultants, East Coast Appraisers & Consultants and Fuller-Armfield-Wagner Appraisal & Research, Inc. On August 22, 2006, the Board of County Commissioners approved the award of RFP 06-073 to the following firms: Callaway & Price, Inc., Deighnn Consultants, East Coast Appraisers & Consultants, and Fuller-Armfield- Wagner Appraisal & Research, Inc. On July 15, 2008, the Board of County Commissioners approved the First Amendment to the following contracts: Callaway & Price, Inc. (COB-08-554), Deighan Consultants (C06-08-553), East Coast Appraisers & Consultants (C06-08-511), and Fuller-Armfield-Wagner Appraisal & Research, Inc. (C06-08-512). RECOMMENDATION: Staff recommends Board approval of the Second Amendment to the following contracts: Callaway & Price, Inc. (C06-08-554), Deighan Consultants (C06-08-553), East Coast Appraisers & Consultants (C06-08-511), and Fuller-Armfield-Wagner Appraisal & Research, Inc. (C06-08-512) extending the contracts through August 21, ZO10 and authorization for the Chair to sign the Amendments as prepared by the County Attorney's office. Respectfully submitted, ~ , ~.J~nn Riley Property Acquisition Manager 5:\ACQ\WP\JoAnn\RFP'S\Appraisal Services\Agenda Memo Second Amendment.wpd C06-08-554 SECOND AMENDMENT TO AUGUST 22, 2006 CONTRACT BETWEEN ST. LUCIE COUNTY AND CALLAWAY & PRICE, INC. THIS SECOND AMENDMENT, is made and entered into this day of 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County")and CALLAWAY 8~ PRICE, INC., or his, its or their successors, executors, administrators, and assigns (the "Appraiser" WHEREAS, on August 22, 2006 the parties entered into an agreement to provide for a continuing contract for professional appraisal services for St. Lucie County; and, WHEREAS, on July 15, 2008 the parties executed the first amendment to the agreement exercising the first one-year renewal and extending the term through August 21, 2009; and, WHEREAS, the parties desire to further amend the Agreement to exercise the second of the two (2) one-year renewal options. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 3. TERM shall be amended to read as follows: 3. TERM The term of this Agreement shall be for a period of four (4) years beginning on August 22, 2006 and ending on August 21, 2010. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR 1 C06-08-554 APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: CALLAWAY ~ PRICE, INC. BY: Print Name: Title: 2 C06-08-553 SECOND AMENDMENT TO AUGUST 22, 2006 CONTRACT BETWEEN ST. LUCIE COUNTY AND DEIGHAN CONSULTANTS THIS SECOND AMENDMENT, is made and entered into this day of 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and DEIGHAN CONSULTANTS, or his, its or their successors, executors, administrators, and assigns (the "Appraiser" WHEREAS, on August 22, 2006 the parties entered into An agreement to provide for a continuing contract for professional appraisal services for St. Lucie County; and, WHEREAS, on July 15, 2008 the parties. executed the first amendment to the agreement exercising the first one-year renewal and extending the term through August 21, 2009; and, WHEREAS, the parties desire to further amend the Agreement to exercise the second of the two (2) one-year renewal options. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 3. TERM shall be amended to read as follows: 3. TERM The term of this Agreement shall be for a period of four (4) years beginning on August 22, 2006 and ending on August 21, 2010. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR 1 C06-08-553 APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: DEIGHAN CONSULTANTS BY: Print Name: Title: 2 C06-08-511 SECOND AMENDMENT TO AUGUST 22, 2006 CONTRACT BETWEEN ST. LUCIE COUNTY AND EAST COAST APPRAISERS 8~ CONSULTANTS THIS SECOND AMENDMENT, is made and entered into this day of 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and EAST COAST APPRAISERS 8~ CONSULTANTS, or his, its or their successors, executors, administrators, and assigns (the "Appraiser" WHEREAS, on August 22, 2006 the parties entered into An agreement to provide for a continuing contract for professional appraisal services for St. Lucie County; and, WHEREAS, on July 15, 2008 the parties executed the first amendment to the agreement exercising the first one-year renewal and extending the term through August 21, 2009; and, WHEREAS, the parties desire to further amend the Agreement to exercise the second of the two (2) one-year renewal options. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 3. TERM shall be amended to read as follows: 3. TERM The term of this Agreement shall be for a period of four (4) years beginning on August 22, 2006 and ending on August 21, 2010. 2. l~xcept as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR 1 C06-08-511 APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: EAST COAST APPRAISERS 8~ CONSULTANTS BY: Print Name: Title: 2 i C06-08-512 SECOND AMENDMENT TO AUGUST 22, 2006 CONTRACT BETWEEN ST. LUCIE COUNTY AND FULLER-ARM FIELD-WAGNER APPRAISAL 8~ RESEARCH, INC. THIS SECOND AMENDMENT, is made and entered into this day of 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and FULLER-ARM FIELD-WAGNER APPRAISAL 8~ RESEARCH, INC., or his, its or their successors, executors, administrators, and assigns (the "Appraiser"). WHEREAS, on August 22, 2006 the parties entered into An agreement to provide for a continuing contract for professional appraisal services for St. Lucie County; and, WHEREAS, on July 15, 2008 the parties executed the first amendment to the agreement exercising the first one-year renewal and extending the term through August 21, 2009; and, WHEREAS, the parties desire to further amend the Agreement to exercise the second of the two (2) one-year renewal options. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 3. TERM shall be amended to read as follows: 3. TERM The term of this Agreement shall be for a period of four (4) years beginning on August 22, 2006 and ending on August 21, 2010. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR 1 C06-08-512 APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: FULLER-ARM FIELD-WAGNER APPRAISAL & RESEARCH, INC. BY: Print Name: Title: 2 _ _ AGENDA REQUEST ITEM NO. VI-B7 ~ DATE: October 6, 2009 : ~ REGULAR [ ] PUBLIC HEARING [ ] - - CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Florida Communities Trust Harbor Branch Preserve / FCT Project 07-027-FF7 Amendment to Option Agreement for Sale and Purchase BACKGROUND: Please see attached memorandum FUNDS AVAILABLE: Funds will be made available in: 317-3920-561000-3120 (County Capital -Revenue Share Bond -Environmental Resources -Env Reg -Harbor Branch) PREVIOUS ACTION: April 24, 2007 -Board of County Commissioners authorized staff to submit a Grant Application to Florida Communities Trust for the Hnrbor Branch Preserve project. December 18, 2007 -Board of County Commissioners authorized the Chairman to execute and transmit the Grant Contract and Confidentiality Agreement to Florida Communities. May 19, 2009 -Board of County Commissioners approved the Option Agreement for Sale and Purchase of the Harbor Branch Preserve parcels. RECOMMENDATION: Staff recommends that the Board approve the Amendment to Option Agreement for Sale and Purchase of the Harbor Branch Preserve parcels, authorize the Chair to execute the Amendment and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: [X] APPROVED [ ]DENIED [ ]OTHER: ~ ' Faye W. Outlaw, MPA Approved 5-0 County Administrator Review and Approvals [x] County Attorney: [ ]Road and Bridge: [ ]Public Works: Daniel S. McIntyre ` Don Pauley Don West [x] Originating Dept: ~I~LI-- [ ] Grants: [ ]Environmental: JoAnn Riley Bill Hoeffner Steve Fousek S:\ACQ\WP\JoAnn\Environmental\Hnrbor Branch Preserve\Agenda Request Amendment to Option Agreement.wpd z I ' INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA © p ~ TO. Board of County Commissioners n ,x~~1Q'3~-'. FROM: JoAnn Riley, Property Acquisition Manager DATE: October 6, 2009 SUBJECT: Floridn Communities Trust Hnrbor Branch Preserve /FCT Project 07-027-FF7 Amendment to Option Agreement for Sale and Purchase BACKGROUND: On March 29, 2007, the Lnnd Acquisition Selection Committee ranked the project as an "A" site and unanimously approved the acquisition of the Harbor Branch Preserve project. On April 24, 2007, the Board of County Commissioners approved the submittal of n grant application to Florida Communities Trust (FCT) for funding of $6,600,000.00. The Board also approved funding for the required match of $2,200,000.00. On December 18, 2007, the Board of County Commissioners approved the Grant Contract and Confidentiality Agreement with Florida Communities Trust (FCT) for the purchase of the Harbor Branch Preserve project. The Grant Contract provides 75% of the project costs. On May 19, 2009, the Board of County Commissioners approved the Option Agreement for Sale and Purchase of the Harbor Branch Preserve parcels, with a closing date of mid-October, 2009. The Amendment will allow Florida Communities Trust and the County additional time to complete the due diligence investigation under the provisions of the Option Agreement. RECOMMENDATION Staff recommends that the Board approve the Amendment to Option Agreement for Sale and Purchase of the Harbor Branch Preserve parcels, authorize the Chair to execute the Amendment and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Floridn. Respectfully submitted, ~'~v~ Ann Riley Property Acquisition Mnnnger 5:\ACQ\WP\JoAnn\Environmental\Hnrbor Broach Preserve\Agenda Memo Amendment to Option Agreement.wpd ~ ~ J = : Harbor Branch ~ > F 0 0.1 0.2 0.4 Miles ti 7. `~++a f~'` ~ + ~s'~;IAir~}iIt3 :~:1 ~ 1 1 i 1. ~ 1 ..t t r. / !M~ i .~s ~~1 tjII r o~ y2,Clf ' t SS1 1111 ' gf 1 Subject Parcels •1 ~ ) ~ w .J` . Ef r ~I~~ilj!#tt ,~M1t l F~~ 1 ?i ~'3 1 I , 4 .y.. - .T . , ` IS Fi , 41 ' : I , ,Ii11t ~~~M1i1 1~ 14t~~i , ~ ~;3 s ; ~t1~! ' J - 1j + ~ t~~ ~ _ » ~ `lrl~ 1471 it ~ 1~•' t V`'~ 1~ 4 I Via' ~ s f,~ I~ ~ ,~,4'1 ''~~rt*sry li,,: „x1Yb J "4 ,.a " f+, • ~ 5 ~ ~r [ r ~'t •''~Z~;F,i °i ~ .:k'R" ~y } - ~e^-'~j+ 2 5 -4~tz'.~1'"~'~,. y ""TT ~ + • ~ ~ •_..sYP'~f/f~T~S~"iy~~ ~S ~ Yy. J ~ 6 iT~' f _ i YI 'ter S. ~ ` q. 3!!+., ~ t ~R X35 gs ~ - 1 ' e : V I~ • ~N".s°4 ~ - `>M1 1 P "~~41 r' _'n' Irv . w a: ~ ~ y r 'u ~'3. ~ti,u~ a e.. ~ I ,~t"' r-'~~ Y Y.. • S. ~ , ~rf ~+r•l ~'yFL H~` •~i l..r~ Y ..of w. 't~ t 6 e ~I. s ~i ~ ~ ~j i1Jr. - M1,.'°4rr1. it. 'ti 0, „ ,y ,a ~ 'i..:l 9~~ ,f ~ ` ~ ~ ! 'C; 'y° +~'ni1 i`. .:Y'r' 7~•~er ~ T~ ~a~ t ter ~ J•` x:.~.~1.- . a ' ° -may (RIVER PALM DR~• ~ ~~`~seQt+~~#~ ° b anY dtne 9eo0et nbrm&.~on Ma'Meo ^aM^ _ Caxq e.osaiN acdamsem qv serer~ena aartarees. ~ ....a'... - nWmp..a+wwlmwm.ma,mdea w.nwe4swmwa+a~ranucr 0 p' ~~Olbrse br aprlwlr OvDau.81. IAU Cwapr>itil Rsnw m Iltlb/oY. t.MrMm~s. pliYps. pYlYI1~0O61n M ,ate' AMENDMENT TO OPTION AGREEMENT FOR SALE AND PURCHASE This Amendment to Option Agreement for Sale and Purchase ("Addendum to Option Agreement") is entered into this day of September, 2009, by and between HARBOR BRANCH OCEONOGRAPHIC INSTITUTION FOUNDATION, INC., whose post office address is X600 North U.S. Highway 1, Fort Pierce, FL 34946, ("Seller"), and the FLORIDA COMMUNITIES TRUST, a nonregulatory agency within the Department of Communih~ Affairs, whose post office address is 2~~5 Shumard Oak Boulevard, Tallahassee, rlorida 32399 ("Acquiring Agency"), and ST. LUCIE COUNTY, a political subdivision within the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, ("Local Government"). Acquiring Agency and Local Government will collectively be referred to as ("Purchaser") . WHEREAS, Seller and Purchaser entered into an Option Agreement for Sale and Purchase dated June 10, 2009, ("Option Agreement"), under which Seller granted Purchaser the exclusive option to purchase real property located in St. Lucie County, Florida, as more particularly described in the Option Agreement ("Property"); and WHEREAS, Purchaser and Seller have agreed to extend the Option Expiration Date to allow additional time for the completion of Purchaser's due diligence investigation under the provisions of the Option Agreement; NOW, THEREFORE, for good and valuable consideration the sufficiency and receipt of which is hereby acknowledged, Seller and Purchaser agree as follows: 1. The Option Expiration Date in the Option Agreement is hereby extended to and including January 29, 2010. 2. The provisions of this Amendment to Option Agreement are made a part of the Option Agreement and shall supersede, govern and control all contract provisions in conflict therewith. A facsimile ("fax") copy of the this Amendment to Option Agreement and any signatures hereon shall be considered for all purposes as originals. This Amendment to Option Agreement may be executed in several counterparts, each of which shall be construed as an original, but all of which shall constitute one instrument. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Option Agreement through their duly authorized signatories on the date and year first above written. (Signatures on Following Pages) 1 Seller: HARBOR BRANCH OCEANOGRAPHIC INSTITUTION FOUNDATION, INC. Signature of First Witness By: James L. Seitz, as Chairman/President Printed, Typed or Stamped Name of First Witness Signature of Second Witness Printed, Typed or Stamped Name of Second Witness (OFFICIAL SEAL) Approved As to Form And Legal Sufficiency By: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of September, 2009, by James L. Seitz as Chairman/President of the Harbor Branch Oceanographic Foundation, Inc., on behalf of said corporation. Such person (notary Public must check applicable box): O is personally known to me produced a current driver's license ( )produced as identification Notary Public (NOTARY PUBLIC SEAL) (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: 2 Purchaser LOCAL GOVERNMENT ST. LUCIE COUNTY, a political subdivision within the State of Florida Bv~ Signature of First Witness Name: Title: Printed, Typed or Stamped Name of First Witness Attested By (Clerk or Deputy Clerk) Signature of Second Witness (OFFICIAL SEAL) Printed, Typed or Stamped Name of Second Witness Approved As to Form And Legal Sufficiency By: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of September, 2009, by , as of St. Lucie County, Florida on behalf of the Local Government. Such person (notary Public must check applicable box): is personally known to me produced a current driver's license ( )produced as identification Notary Public (NOTARY PUBLIC SEAL) (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: 3 ACQUIRING AGENCY FLORIDA COMMUNITITES TRUST By: Signature of First Witness Ken Reecy, Community Program Manager Printed, Typed or Stamped Name of First Witness Signature of Second Witness Printed, Typed or Stamped Name of Second Witness Approved As to Form And Legal Sufficiency By: STATE OF FLORIDA COUNTY OF . The foregoing instrument was acknowledged before me this day of September, 2009, by Ken Reecy, as Community Program Manager, Florida Communities Trust on behalf of the Acquiring Agency. Such person (notary Public must check applicable box): O is personally known to me produced a current driver's license ( )produced as identification Notary Public (NOTARY PUBLIC SEAL) (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: 4 AGENDA REQUEST ITEM NO. V i-~- 8 DATE: October 6, 2009 _ - REGULAR ~ ~ PUBLIC HEARING CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY. SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre SUBJECT: Lease Agreement with Sundancer's Radio Control Club, Inc. BACKGROUND: See attached memorandum FUNDS AVAILABLE: 310002-3920-563000-300 - $50,000 in Zone B Impact Fees PREVIOUS ACTION: September 22, 2009 - BOCCapproval of Lease Agreement with SFWMD RECOMMENDATION: Staff recommends that the Board (a) adopt Resolution No. 09-297 and authorize the Chair to sign the Resolution; and, (b) authorize the Chair to sign the Sublease Agreement with Sundnncers Radio Control Club, Inc. to lease approximately 80 acres, described in Exhibit "A" as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: [x] APPROVED [ ]DENIED [ ]OTHER: Appro~ed 5-O Motion to approve the agreement ano Faye W. Out law, MPA incorporate the additional language COUnty AdminlStrator about the use of the $50,000 of impact fee dollars. - Review and Approvals / rY1 ~ County Attorney: Management & Budget Purchasing: Daniel 5. McIntyre Mar e G uin ~ Ro + t O' ullivan Originating Dept. Parks & Rec. Dir: County Eng.: Steve Fousek Debra Brinson _ ~ _ INTER-OFFICE MEMORANDUM • ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 09-1257 DATE: October 6, 2009 SUBJECT: Sublease Agreement with Sundnncers Radio Control Club, Inc. BACKGROUND: In April 2008, the Sundnncers Radio Control (model airplane) Club was asked by the City of Port St. Lucie to relocate from East Torino Boulevard Park to a more suitable location as a result of noise complaints. The Club contacted the County for assistance, and after researching numerous sites, the County identified a tract of land owned by South Florida Water Management District (SFWMD) and leased by the County, as the most suitable location. The County has leased 616 acres (Tract KE100-020) from SFWMD for uses "compatible with the preservation of the natural and historical resources of the site, and may included hiking, biking, equestrian, remote controlled airplanes and cars, model rockets, archery, etc". The initial term of the lease is for a period of ten (10) years, and may be extended for additional one-year terms. The Sundnncers Radio Control Club is proposing to use 80 acres of the site. (Exhibit "B") The City of Port St. Lucie supports the use of up to $50,000 in Zone B Impact Fees to provide initial site improvements. The funds will be used for essential capital improvements which would be necessary to safely use the site and include interior roads, culverts, gates, fencing, end signage. The Sundnncers Radio Control Club will use their own funds to improve their portion of the site. The County intends to pursue partnerships with other potential compatible use groups that will fund improvements and maintain the site at their own expense. Attached is a copy of Resolution No. 09-297 which, if adopted, would authorize the sublease of approximately 80 acres to the Sundnncers Radio Control Club. ~ ~ ~ RESOLUTION NO. 09-297 A RESOLUTION AUTHORIZING THE SUBLEASE OF LAND BETWEEN ST. LUCIE COUNTY, FLORIDA AND THE SUN DANCERS RADIO CLUB, INC. , A FLORIDA NON-PROFIT CORPORATION, OF PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA, FOR THE INSTALLATION, MAINTENANCE AND OPERATION OF A REMOTE CONTROL AIRPLANE FACILITY FOR THE BENEFIT OF THE CITIZENS OF ST. LUCIE COUNTY; AUTHORIZING THE CHAIRMAN OF THE COUNTY COMMISSION TO EXECUTE A LEASE AND OTHER INSTRUMENTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, St. Lucie County is the lessee of certain real property located along Germany Canal Road more particularly described in PART A below, which is not needed for County purposes; and WHEREAS, St. Lucie has agreed to sublease the property described below in PART A to the Sun Dancers Radio Club, Inc., a Florida non-profit corporation (the "Club"); and WHEREAS, the Club wishes to sublease the parcel as described in PART A below, for recreation purposes to install, maintain and operate a remote control airplane facility for the benefit of the citizens of St. Lucie County; and WHEREAS, the Board of County Commissioners of St. Lucie County has determined that a sublease property described below in PART A to the Club serves a valid public purpose for the citizens of St. Lucie County; and WHEREAS, pursuant to Section 125.38, Florida Statutes, the Board of County Commissioners of St. Lucie County is authorized and empowered to sublease property described below in PART A to the Club as anon-profit organization; and WHEREAS, the Board of County Commissioners of St. Lucie County deems the above described lease safe of property to be in the best interest of the citizens of St. Lucie County; and WHEREAS, the Board caused the above described sublease of property to be ngendaed for Board discussion at the Board's regular meeting held on October 6, 2009. -1- 4 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Section 1: Findings The findings set out above are hereby adopted as f findings of the Board. Section 2: Sublense Authorized The property described below in PART A shall be subleased to the Club for use as a remote control airplane facility. PART A A parcel of land lying in Section 19 T-36-5, R-38-E, St. Lucie County, FL. Said parcel being more particularly described as follows: The North 1/2 of the SE 1/4 of Section 19, T-36-5, R- 38-E, St. Lucie County, FL. Said parcel containing 80 acres more or less. Section 3 • Authority of Chairman of Board of County Commissioners The Chairman of the Board of County Commissioners of St. Lucie County is hereby authorized.to execute any and all deeds or other instruments necessary to effectuate the sale authorized by this Resolution. Section 4: Severnbility In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid or unconstitutional, the remainder of the resolution shall not be affected and it shall be presumed that the St. Lucie County Board of County Commissioners did not intend to enact such invalid or unconstitutional provision. It shall f urther be assumed that the Board of County Commissioners would have enacted the remainder of this resolution without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. Effective Dnte This Resolution shall be effective upon adoption by the Board of County Commissioners for St. Lucie County. -2- After motion and second, the vote on this resolution was as follows: Chair Paula A, Lewis XXX Vice Chair Charles Grande XXX Commissioner Chris Craft XXX Commissioner Doug Coward XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this 6th day of October 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY. Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney -3- RECOMMENDATION/CONCLUSION : Staff recommends that the Board (a) adopt Resolution No. 09-297 and authorize the Chair to sign the Resolution; and, (b) authorize the Chair to sign the Sublease Agreement with Sundancers Radio Control Club, Inc. containing approximately 80 acres, described in Exhibit "A" as approved by the County Attorney. Respe fully submitted I n~ ~ t Daniel 5. McIntyr County Attorne~r` DSM/caf Attachments RESOLUTION NO. 09-297 A RESOLUTION AUTHORIZING THE SUBLEASE OF LAND BETWEEN ST. LUCIE COUNTY, FLORIDA AND THE SUN DANCERS RADIO CLUB, INC. , A FLORIDA NON-PROFIT CORPORATION, OF PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA, FOR THE INSTALLATION, MAINTENANCE AND OPERATION OF A REMOTE CONTROL AIRPLANE FACILITY FOR THE BENEFIT OF THE CITIZENS OF ST. LUCIE COUNTY; AUTHORIZING THE CHAIRMAN OF THE COUNTY COMMISSION TO EXECUTE A LEASE AND OTHER INSTRUMENTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, St. Lucie County is the lessee of certain real property located along Germany Canal Road more particularly described in PART A below, which is not needed for County purposes; and WHEREAS, St. Lucie has agreed to sublease the property.described below in PART A to the Sun Dancers Radio Club, Inc., a Florida non-profit corporation (the "Club"); and WHEREAS, the Club wishes to sublease the parcel as described in PART A below, for recreation purposes to install, maintain and operate a remote control airplane facility for the benefit of the citizens of St. Lucie County; and WHEREAS, the Board of County Commissioners of St. Lucie County has determined that a sublease property described below in PART A to the Club serves a valid public purpose for the citizens of St. Lucie County; and WHEREAS, pursuant to Section 125.38, Florida Statutes, the Board of County Commissioners of St. Lucie County is authorized and empowered to sublease property described below in PART A to the Club as anon-profit organization; and WHEREAS, the Board of County Commissioners of St. Lucie County deems the above described sale of property to be in the best interest of the citizens of St. Lucie County; and WHEREAS, the Board caused the above described sublease of property to be agendaed for Board discussion at the Board's regular meeting held on October 6, 2009. -1- NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Section 1: Findings The findings set out above are hereby adopted as findings of the Board. Section 2: Sublease Authorized The property described below in PART A shall be subleased to the Club for use as a remote control airplane facility. PART A A parcel of land lying in Section 19 T-36-S, R-38-E, St. Lucie County, FL. Said parcel being more particularly described as follows: The North 1/2 of the SE 1/4 of Section 19, T-36-S, R- 38-E, St. Lucie County, FL. Said parcel containing 80 acres more or less. Section 3: Authority of Chairman of Board of County Commissioners The Chairman of the Board of County Commissioners of St. Lucie County is hereby authorized to execute any and all deeds or other instruments necessary to effectuate the sale authorized by this Resolution. Section 4: Severability In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid or unconstitutional, the remainder of the resolution shall not be affected and it shall be presumed that the St. Lucie County Board of County Commissioners did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the Board of County Commissioners would have enacted the remainder of this resolution without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. Effective Dnte This Resolution shall be effective upon adoption by the Board of County Commissioners for St. Lucie County. -2- After motion and second, the vote on this resolution was as follows: Chair Paula A, Lewis XXX Vice Chair Charles Grande XXX Commissioner Chris Craft XXX Commissioner Doug Coward XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this 6th day of October 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney -3- SUBLEASE AGREEMENT THIS SUBLEASE is made and entered into this day of , 2009, by and between St. Lucie County (the "County")apolitical subdivision of the State of Florida, and Sun Dancers Radio Control Club, Inc. (the "Sublessee"), a Florida non-profit organization. WHEREAS, the County is the Lessee of certain real property owned by the South Florida Water Management District ("District") located along Germany Canal Road, a portion of which will be used as a remote control airplane facility. WHEREAS, Sublessee is in need of a facility to offer and promote remote control airplane flying: and WHEREAS, Sublessee and the County desire to enter into a sublease to make the subject property available to Lessee for use as a remote control airplane flying facility. ARTICLE 1 1.01 Term. The County, hereby subleases to the Sublessee for a term of ten (10) years, the Site described in Article 3.01 below for the operation of nn remote control airplane flying club at the Site noted herein, hereafter called the "Site"; provided, however, that in the event the Sublease between the District and the County is terminated, this Sublease shall automatically terminate. 1.02 Project manager. The Project manager for the County is Steve Fousek at (772) 462-2525. The Project Manager for the Sublessee is John Wykoff at (772) 408-9916. ARTICLE 2 2.01 Option to Renew. Provided that there has been no default of the Sublease by Sublessee, and provided that the term of the Lease between the District and the County is extended and still in effect, Sublessee may, by written notice to and with the approval of the Board of County Commissioners at least two (2} months before the end of the current term, renew this Sublease for additional one (1) year periods, upon such terms and conditions as the parties may agree. Such periods shall run consecutively so as to make this Sublease continuous in its operation from the beginning to its termination. In the event that the parties do not agree on terms before the expiration of this Sublease, Sublessee shall have no further rights under this Sublease. 5:\ATTY\AGREEMNT\LEASE\Sun Dancers.wpd -1- ARTICLE 3 3.01 Site Description. A map of parcel KE-100-020 (the "Site")showing the location for the Site subleased to the Sublessee under this Sublease Agreement is attached hereto and made a part thereof as "Exhibit A". ARTICLE 4 4.01. Sublessee Responsibility. The Sublessee or his subcontractors are independent contractors and are not employees or agents of the County. Nothing in this Sublease shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Sublessee, its employees, agents, members, officers, subcontractors, orassigns, during or after the performance of this Sublease. The Sublessee specifically agrees to comply with all of the obligations imposed on the County in the Lease between the County and the District including but not limited to Paragraph 3 (Purpose), Paragraph 5 (Unauthorized Use), Paragraph 6 (Security of Premises), Paragraph 8 (Right of Inspection; Ingress and Egress), Paragraph 11 (Easements), Paragraph 12 (Surrender of Premises), Paragraph 13 (Utility Fees), Paragraph 15 (Placement and Removal of Improvements), Paragraph 16 (Maintenance of Improvements), Paragraph 19 (Records), Paragraph 21 (Prohibition against liens or other encumbrances), Paragraph 22 (Damage to the Premises), Paragraph 23 (Payment of Taxes and Assessments), Paragraph 24 (Nondiscrimination), Paragraph 25 (Compliance with Laws), Paragraph 30 (Lessee's property at risk), Paragraph 31 (No representation or warranty) and Paragraph 33 (Miscellaneous Provisions). ARTICLE 5 5.01 Compensation. There shall be no rental payments made under this Agreement. The consideration for this Agreement shall be the lease of the Site by the County and the installation, maintenance and operation of the remote control airplane flying facility by Sublessee for the benefit of the citizens of St. Lucie County. 5.02 Sublessee's Obligation for Installation of Utilities. The Sublessee shall pay any and all monthly costs associated with utility service used by the Sublessee. 5.03 Trash Removal. Sublessee shall ensure that all trash and garbage has been properly placed in trash containers prior to leaving the Site. 5.04 Portable Toilets. Sublessee shall supply and maintain at least one handicap accessible portable toilet. 5:\ATTY\AGREEMNT\LEASE\Sun Dancers.wpd -2- 5.05 Reports and Records. The Sublessee shall maintain during the term of this Sublease all reports and records customarily used in this type of operation and such records as are necessary to document its activities pursuant to this Sublease. All required records shall be available to the County Administrator or his designee and the County auditors at a reasonable location in St. Lucie County, Florida for a period of five (5) years after the end of any lease year. The form of all such records and reports shall be sub ject to the approval of the County prior to commencement of operations, and subsequent recommendations for changes, additions, or deletions. ARTICLE 6 6.01 County Approval. The Sublessee agrees that it will obtain prior written approval f rom the County in all of the following matters. A. Changes from originally approved specif ications, signage, and graphics. B. Equipment Sublessee plans to install requiring any modifications to the Site. Further, it is understood by the Sublessee that should any of the above items be disapproved, Sublessee wi II offer alternative solutions. The County shall be allowed sixty (60) days to reach a decision in any of the above matters and failure to do so within such period shall constitute approval. 6.02 County Approval of Change. The County reserves the right with stated just cause to require the Sublessee to change within a stated time any and all items contained in Article 6 of this Sublease it deems in need of change, despite previous approval of same. 6.03 Supervision. Sublessee shall provide adult supervisory personnel, not less than eighteen (18) years of age, with sufficient training and expertise to ensure the proper safety, supervision and control of remote control airplane participants, spectators and other persons on the leased property. 6.04 Permitted Uses/Conditions. Sublessee shall have the right to use and occupy the Site for the sole purpose of operating a remote control airplane flying club foci lity during daylight hours. Sublessee agrees the County shall have the right to deny access to the Site due to and for the duration of an emergency situation. Sublessee agrees the County shall have the right to use the Site due to and for the duration of an emergency situation. 5:\ATTY\AGREEMNT\LEASE\Sun Dancers.wpd -3- 6.05 Quality of Lessee's Services. A. The Sublessee shall conduct its operation in an orderly manner so as not to annoy, disturb, or be offensive to others in the immediate vicinity of such operations. B. The Sublessee shall control the conduct, demeanor, and appearance of its officers, members, volunteers, employees, agents, representatives, customers and patrons, and upon an ob jection of the County concerning the conduct, demeanor, or appearance of any such person, Sublessee shall immediately take all necessary steps to correct the cause of such objections. C. Sublessee shall take good care of the Site, shall use the same in a careful manner and shall, at its own cost and expense, keep and maintain the same inconstant good and substantial condition and repair, and upon the expiration of this Sublease, or its termination in any manner, shall deliver said Site to the County in no worse condition than the same was at the commencement of this Sublease, loss by fire or other casualty and ordinary wear and tear only exceptions. 6.06 Scope of Sublease. The Sublessee under this Sublease shall only operate a remote control plane flying facility, which may include remote controlled helicopters and boats. The Sublessee shall not sell or rent, or offer to sell or rent, any merchandise, product or piece of equipment, without the prior written approval of the County Administrator or his designee. ARTICLE 7 7.01 Assignment. Sublettin4 and Successors in Interest. Sublessee shall not sublease the Site in whole or any part, or assign this Sublease to any other persons or firm without first obtaining the County Administrator or his designee's written approval. It is covenanted and agreed that all covenants, conditions, agreements and undertakings contained in this Sublease shall extend to and be binding on any respective successors, assignees or sublease accepted by the County. ARTICLE 8 8.01 Alcoholic Beverages. Sublessee shall not sell, give, or otherwise distribute any alcoholic beverages on County property. 5:\ATTY\AGREEMNT\LEASE\Sun Dancers,wpd -4- ARTICLE 9 9.01 Structures and Improvements. A. Sublessee shall be solely responsible for costs and liabilities associated with the design, maintenance, use, repair and operations of the Site. B. Sublessee shall not construct or place or cause to be constructed or placed, any structure or other improvements at the Site without the express written approval of the County Administrator or his designee. C. It shall be the responsibility of the Sublessee to obtain and pay for any local, state, or federal permits or permissions required to construct or place any structures on the Site. 9.02 Equipment Installed by Sublessee. A. All equipment, furnishing, signing, and advertising installed by the Sublessee shall be in keeping with the appropriate standards of decor at the facilities and must be approved by the County prior to~ installation. The Sublessee shall not install, remove, or replace improvements that the County may approve form time to time, Sublessee shall provide to the County a certified statement by an independent Certified Public Accountant setting for the cost of such improvements and the date upon which the installation of such improvements was completed. B. Sublessee agrees that all improvements provided shall meet the requirements of all applicable building, fire, pollution, and other related codes. C. Sublessee shall not alter or modify any portion of the Site, the leased premises or the improvements constructed therein without first obtaining written approval from the County. D. Sublessee shall not sell, convey, mortgage, pledge, or otherwise dispose of any of the equipment or furnishings installed on the leased premises without prior written consent of the County. 9.03 Ownership of Improvements/Equipment. It is the intention of the parties to this Sublease that all fixtures, furnishings, equipment or improvements provided by Sublessee shall at the termination of the Sublease become the property of the County. Sublessee agrees to execute and deliver a bill of sale conveying any improvements/equipment 5:\ATTY\AGREEMNT\LEASE\Sun Dancers.wpd -5- to the County within thirty (30) days from the termination of this Sublease. Prior to the installation of any such equipment or improvements, the Sublessee shall provide the County with an invoice or other documentation of the cost of the equipment or improvements along with the manufacturer's or contractor's estimated useful life for the equipment or improvement. ARTICLE 10 10.01 Maintenance Responsibilities of Sublessee. Appearance of the Site: Sublessee shall, at its sole cost and expense, keep and maintain the Site in a first-class condition during the term of this Sublease and any extensions thereof. Sublessee shall be responsible for the maintenance of all equipment, furnishings, improvements, and fixtures used or useful at the Site. Sublessee shall be responsible for all ground maintenance including, but not limited to mowing. Sublessee shall be responsible for the removal of all trash from the Site. 10.02 Damages. Sublessee shall repair all damage to the leased or non leased portions of the Site caused ~by the Sublessee, its employees, members, officers, agents, guests or independent contractors. ARTICLE 11 11.01 Quiet En joYment of Subleased Property. Subject to the right of early termination, the County covenants and agrees that so long as no default exists in the performance of Sublessee's covenants and agreements contained herein, Sublessee shall peaceably and quietly hold and enjoy the lease Site and all parts thereof free from eviction or disturbance by the County or any persons claiming under, by or through the County. ARTICLE 12 12.01 Indemnification. To the extent of the insurance coverage set out in Article 16, Sublessee agrees to indemnify and save the County (and its directors, officers, employees and agents) and the District harmless any liability, losses, damages, judgments, liens, expenses and costs (including, without limitation, reasonable attorneys' fees) sustained or incurred in connection with any claims, demands, suits, actions or proceedings made or brought against any such party as a result of any negligent act or omission of Sublessee (or its directors, officers, employees and agents) in the performance of its obligations under this Agreement. For the purpose of this section, the term "County" shall be deemed to include 5:\ATTY\AGREEMNT\LEASE\Sun Dancers.wpd -6- the Board of County Commissioners and its agents, employees and affiliates. The Sublessee hereby acknowledges that the lease of this Site includes consideration for the indemnification provided herein. The indemnifications contained herein shall survive the expiration or termination. ARTICLE 13 13.01 Liability for Dnma4e or Injury. The County shall not be liable for any damage or injury that may be sustained by any party or persons on the leased Site or connected in any way with the Sublessee's operation of the Site other than damage or injury caused solely by the negligence of the County. ARTICLE 14 14.01 Dmm~4e or Destruction of Premises. If the leased Site is partially damaged, but not rendered unusable for the purposes of this Sublease, the same shall be repaired with due diligence by the Sublessee at its cost and expense. ARTICLE 15 15.01 Ingress and Egress. Subject to the rules, regulations, statutes, and ordinances governing the use of the Site, Sublessee, his agents, members, officers, servants, patrons and invitees, and his suppliers of service and furnisher of materials, shall have the right of ingress and egress to and from the Site. ARTICLE 16 16.01 Insurance. The Sublessee shall maintain the following insurance during the term of this Sublease; The Lessee shall produce and keep in full force and effect at all times, Public Liability Coverage Insurance, Comprehensive General Liability including contractual liability covering the indemnification provision agreement contained in this Sublease. Coverage shall provide a combined minimum limit of One Million and 0/100 dollars ($1,000,000.00) per occurrence/$$3,000,000 aggregate for bodily in jury and property damage, and a certificate of such policies of insurance and all renewals thereof shall promptly be delivered to and held by the County. The County and the District shall be named as additional insured on the Sublessee's policy of insurance. Proof of insurance must be provided to the County prior to any use of the Site by the Sublessee. 5:\ATTY\AGREEMNT\LEASE\Sun Dancers.wpd -7- ARTICLE 17 17.01 Termination by County. A. The County may terminate this Sublease without notice upon the occurrence of any of the following events. 1. Institution of proceedings in voluntary bankruptcy by the Sublessee. 2. Institution of proceedings in involuntary bankruptcy against the Sublessee if such proceedings continue for a period of ninety (90) days. 3. Assignment by Sublessee for the benefit of creditors. 4. Abandonments by Sublessee of, and discontinuous of operations hereunder. 5. Failure to maintain required insurance. B. The County shall have the right to terminate this Sublease after thirty (30) days written notice sent by registered or certified mail to the Sublessee, of the occurrence of one or more of the following, unless the same shall have been corrected within such period. 1. Nonperformance of any covenant of this Sublease and fai lure of the Sublessee to remedy such breach. 2. The conduct of any business or the merchandising of any product or service not specifically authorized herein. 3. Determination by County that Sublessee's activities on the Site are causing or may cause an environmental disturbance. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 5:\ATTY\AGREEMNT\LEASE\Sun Dnncers.wpd -8- 17.02 Termination by Sublessee. Sublessee shall have the right upon thirty (30) calendar day's written notice to the County to terminate this Sublease at any time after the occurrence of one or more of the following events: A. Issuance by any court of competent jurisdiction of any injunction substantially restricting the use of the Site for commercial purposes, and the remaining in force of said injunction for more than ninety (90) calendar days. B. A breach by the County of any of the terms, covenants, or conditions contained in this Sublease and the failure of the County to remedy such breach for sixty (60) calendar days after receipt of written notice sent by registered or certified mail from the Sublessee of the existence of such breach. 17.03. Termination without Cause. Either party may terminate this Sublease without cause upon thirty (30) days prior written notice to the other party. ARTICLE 18 18.01 Non-Discrimination. A. That Sublessee for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that 1. No person on the grounds of race, color, national origin, or sex shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. That in the construction of any improvements on, over, or under such lands and the furnishing of services thereon, no person on the grounds of race, color, national origin, or sex shall be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination. 3. That the Sublessee shall use the Site in compliance with all other requirements imposed by or pursuant to Title 45, code of Federal Regulations, Article 80, Nondiscrimination under programs receiving Federal Assistance. B, That in the event of breach of any of the above nondiscrimination covenants, the County shall have the right to terminate the concession and to re-enter and 5:\ATTY\AGREEMNT\LEASE\Sun Dancers.wpd -9- repossess the Site thereon and hold the same as if said concession had never been made or issued. C. Sublessee shall not discriminate against any employees or applicants for employment to be employed in the performance of the contract with respect to hiring, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, or physical handicap (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin, or ancestry. ARTICLE 19 . 19.01 Rules and Regulations. The Sublessee will observe, obey and comply with all rules and regulations adopted by the County and all laws, ordinances and/or rules and regulations of other governmental units and agencies having lawful jurisdiction, which may be applicable to Lessee's operations under this Sublease. ARTICLE 20 20.01 Payment of Obli~ntions. Sublessee shall pay all taxes and other costs.lawfully assessed against its leasehold interest in the leased Site, its improvements and its operations under the Sublease provided, however, that Sublessee shall not be deemed to be in default of its obligations under this Sublease for failure to pay such taxes pending the outcome of any legal proceedings instituted to determine the validity of such taxes. ARTICLE 21 21.01 Availability of Sublessee's Records. Sublessee shall make available to the County's auditors anytime from Monday through Friday, inclusive, between the hours of 9:00 a.m. and 5:00 p.m. all records and other pertinent information relating to Sublessee's Operations as may be required for audit purposes hereunder, as determined by the County. ARTICLE 22 22.01 Inspection by County. The County may make periodic inspections of all of the subleased premises and equipment to determine if such are being maintained in a neat and orderly condition. The Sublessee shall be required to make any improvements in cleaning or maintenance methods required by the County. Such periodic inspections may also be made to determine whether the Sublessee is operating in compliance with the terms and provisions of this Sublease. 5:\ATTY\AGREEMNT\LEASE\Sun Dancers.wpd -10- ARTICLE 23 23.01 Site Repnirs Alterations and Additions by the County. The County shall have the absolute right, without limitations to make any repairs, alterations, and additions to any structures and facilities at the Site, including any facilities which may be leased under this Sublease, free from any and all liability to the Sublessee for loss of business or damages of any nature whatsoever. ARTICLE 24 24.01 Termination of Contract. The Subessee, within seventy-two (72) hours following the termination of this Sublease, shall forthwith remove all of its personal property not acquired by the County under the terms of this Sublease. Personal property as defined herein shall not include any fixtures, equipment and improvements permanently affixed. Any personal property of Sublessee not removed in accordance with this Article may be removed by the County for storage at the cost of Sublessee or shall constitute a gratuitous transfer of title thereof to the County for whatever disposition is deemed to be in the best interest of the County. The County shall not be liable to Lessee for the safekeeping of Sublessee's personal property. Upon termination of this Sublease and the removal of all personal property by Sublessee shall restore the Site to a neat, clean, and habitable condition. ARTICLE 25 25.10 Indulgence Not Wniver. The indulgence of either party with regard to any breach or failure to perform any provision of this Sublease shall not be deemed to constitute a waiver of the provision of any portion of this Sublease at either the time the breach or failure occurs or anytime throughout the term of this Sublease. ARTICLE 26 26.01 Notices. Any notices submitted or required by this Sublease shall be sent by registered or certified mail and addressed to the parties as follows: To the County: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 5;\ATTY\AGREEMNT\LEASE\Sun Dancers.wpd -11- With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With a copy to: Environmental Resources St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 To the Sublessee: John Wykoff Sun Dancers Radio Control Club, Inc. 781 NW Grenada St. Port St. Lucie, Florida 34983 Or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. ARTICLE 27 27.01 Interpretation: Venue. This Sublease constitutes the entire agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Sublease may be amended only by written document, properly authorized, executed and deliverable by both parties hereto. This Sublease shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Sublease, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justifiable in federal court. Waiver of any breach shall not constitute waiver of any other breach invalidation of any portion of this Sublease shall not automatically invalidate the entire Sublease. 5:\ATTY\AGREEMNT\LEASE\Sun ~ancers.wpd -12- ARTICLE 28 28.01 Attorneys' Fees and Costs: In the event of any dispute concerning the terms and conditions of this Sublease or in the event of any action by any party to this Sublease to judicially interpret or enforce this Sublease or any provision hereof, or in any dispute arising in any manner from this Sublease, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. The liability of Sublessee and its surety or.sureties for such fees and costs is joint and several. ARTICLE 29 29.01 Conflict of Interest. The Sublessee represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (2007) and as may be amended from time to time. The Sublessee further represents that no person having any interest shall be employed for said performance. The Sublessee shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance that may influence or appear to influence the Sublessee's judgment or .quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of Work that the .Sublessee may undertake and request an opinion of the County whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered by Sublessee. The County agrees to notify the Sublessee of its opinion by certified mail within thirty (30) days of receipt of notification by Lessee. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Sublessee, the County shall so state in the notification and the Sublessee shall, at its/their option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County under the terms of this Sublease. ARTICLE 30 30.01 Mediation: In the event of a dispute between the parties in connection with this Sublease, the parties agree to submit the disputed issue or issues to a mediator for non binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from 5:\ATTY\AGREEMNT\LEASE\Sun Dancers.wpd -13- a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 30.01 No Re~resentntion or Warranty. The County makes no representation or warranty as to the condition of the premises and the Sublessee accepts the premises in the "As Is", "Where Is" and "With All Faults" condition. IN WITNESS WHEREOF, the parties hereto have caused this Sublease to be executed by their appropriate officials, of the date first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: SUN DANCERS RADIO CONTROL CLUB, INC. Print Title 5:\ATTY\AGREEMNT\LEASE\Sun Dnncers.wpd -14- EXHIBIT A SFWMD T},:":,°-`,,.w.-,' LEASE AREA GIS - _ ~ _ ~ St Lucie County ESL Tract ~ `~A'~'~° (KE100-020) - a ~ _ 4-~_z - - ~ ~m, - - ~ ~ ~ n Nw++ s i W^+ ~ ' WW v~w_-e .-~s..~~ T~ M__„ _ U,. t - L ~„.v Q} .__rw_~._ ~ _ re _ ~_e ob ee= R - - 1, _ is . . 'a s _ t A ~ ~ _ _ Leased _ ~ O . _ _ A _ Area _ L ~ - ; ~ U _ _ I Sundancers Germany Canal Rd ® Tract _ i - _ _ _ ~ _ _ _ _ C C?5 C.6 <1 t.5__ ~hfii@s ~ ITEM NO. VI-C1 - ~ ~ - DATE: 10/06/09 AGENDA REQUEST REGULAR ( ) • ~ fr-,_ PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana D. Lewis---~~ SUBMITTED BY: Airport Airport Director SUBJECT: Airport West Commerce Park Sanitary Sewer Grant No. LP8991, Amendment 1 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140360-4220-563000-48004 FDEP Grant -Airport West Commerce Park Sewer 140-4220-56300-48004 I nfrastructu re PREVIOUS ACTION: October 7, 2008 - Board approved the State Financial Assistance Agreement for the Florida Department of Environmental Protection (FDEP) Grant No. LP8991 for the Airport West Commerce Park Sanitary Sewer. RECOMMENDATION: Board approval of FDEP Grant No. LP8991 Amendment 1 for the Airport West Commerce Park Sanitary Sewer and authorization for the Chair to sign the document as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ~ ( ) OTHER ~ A roved 5-0 Faye W. Outlaw, MPA PP County Administrator Coordination/Signatures nn / County Attorney ( ) OMB Director ( ) /1 ~ Budget Analyst Daniel McIntyre Ma Gouin Heather Young Patty Marston Originating Dept. ( ) Utilities ( ) ~ (Name) Raymond Murankus I~ Airport L x ' " MEMORANDUM TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Director. ~j DATE: October 6, 2009 SUBJECT: Airport West Commerce Park Sanitary Sewer Grant No. LP8991, Amendment 1 ITEM NO. VI-C1 Background: In June 2008, a $788,000 FDEP grant originally identified for the Airport Industrial Park that could not be used was re-appropriated through the State Legislature to the Airport West Commerce Park (AWCP) sanitary sewer project. In October 2007, the Board approved the execution of the State Financial Agreement No. LP8991 for this re-appropriated grant. This amendment is required in order to qualify for reimbursement of revised costs for engineering services, equipment purchase, and construction. Changes occurred when Fort Pierce Utility Authority (FPUA) changed the requirements from upgrading the lift station at Westwood High School to adding a force main on Rock Road. All of the force main, except for a small section on Taylor Dairy Road between St. Lucie Boulevard and the AWCP, is within the FPUA service area and upon completion and acceptance will be turned over to the FPUA. Due to the change in scope, additional design costs were incurred. Also, in order to complete the second phase of the sanitary sewer project by the end of December, the County will purchase the pump for the Airport West Commerce Park separately for the contractor to install. These changes necessitated a revision to Exhibit A of the grant, which is attached. There was no change to the overall project budget, just to the line items within the budget. This change will ensure reimbursement of these eligible costs. The grant requires no local match. However, the project estimate is $1,269,430, so a local share of $481,430 ($1,269,430 - $788,000) has been budgeted. The attached Amendment 1 will need to be returned to FDEP for execution after the Board's approval and signature by the Chair. Recommendation Board approval of FDEP Grant No. LP8991 Amendment 1 for the Airport West Commerce Park Sanitary Sewer and authorization for the Chair to sign the document as approved by the County Attorney. STATE FINANCIAL ASSISTANCE AGREEMENT DEP AGREEMENT NO. LP8991 ST. LUCIE COUNTY AMENDMENT NO.1 THIS AGREEMENT as entered into on the 13th day of October, 2008, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and ST. LUCIE COUNTY (hereinafter referred to as the "Grantee' or "Recipient") is hereby amended. WHEREAS, due to a change in budget allocation; and, WHEREAS, additional changes to the Agreement are necessary. NOW, THEREFORE, the parties hereto agree as follows: 1. Attachment A, Project Work Plan, is hereby amended to include Attachment A-1, Revised Project Work Plan, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment A, Project Work Plan, shall hereinafter refer to Attachment A, Project Work Plan, and Attachment A-1, Revised Project Work Plan. - -In-all other respects, -the Agreement of which this is an Amendment, and attachments - relative thereto, shall remain in full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LP8991, Amendment No. 1, Page 1 of 2 This Amendment 1 to State Financial Assistance Agreement LP8991 shall be executed in two or more counterparts, either of which shall be regarded as an original and all of which constitute but one and the same instrument. IN WITNESS WHEREOF, the Department has caused this amendment to the State Financial Assistance Agreement to be executed on its behalf by the Deputy Director of the Department and the Grantee has caused this amendment to be executed on its behalf by its Authorized Representative. The effective date of this amendment shall be as set forth below by the ,Deputy Director of the Department of Environmental Protection, Division of Water Resource Management. ST. LUCIE COUNTY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: By: Chairman Deputy Director Division of Water Resource Management Date: Date: Tommy Williams, DEP Grant Manager *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf .of the Grantee must accompany the Amendment. List of attachments/exhibits included as part of this Amendment: ~ecify Type Letter/Number Description (include number of pales) Attachment A-1 Revised Project Work Plari (6 pages) DEP Agreement No. LP8991, Amendment No. 1, Page 2 of 2 ATTACHMENT A ` ~ Amended August 28, 2009 ~-tVtSt~ GRANT WORK PLAN St. Lucie County LP8991 Project Title: St. Lucie County Air ort West Commerce Park Project Location: The Airport West Commerce Park is located off Kings Highway approximately % mile north of the intersection of Kings Highway and St. Lucie Boulevard in St. Lucie County Section 24; Township 345; Range 39E. The water body that will benefit from this ro'eet is the Indian River La oon. Project Background: The project area is located in the northeast portion of St. Lucie County, with access to Kings Highway and Taylor Dairy Road. The property is located within one of the major areas of industrial zoned properties in the County and is uniquely located within the property of St. Lucie County International Airport. The planned lots include three 5.6 acre lots, two 20 acre lots, and a 17.3 acre lot in the first phase of development with two 14 acre lots and one 32 acre lot in the second phase. The second phase development could potentially have airfield access. The justification supporting the need for the Florida Department of Environmental Protection to fund the proposed project includes 1) protection of the receiving water, Indian River Lagoon; 2) support of the economic development of the County by providing the infrastructure needed to attract businesses with resultant job growth from the development of the Park; 3) maximizing the utilization of the lots within the Airport West Commerce Park by avoiding septic tank and drainfield construction; and 4) adding sanitary sewer utilities in an area without adequate facilities to further spur economic development. DEP Agreement Attachment A, Page 1 of ~ Project Objectives: Provide a list of objectives, in bullet format, expected to be achieved as a result of funding/completing this proposed project. • Objective 1: Install pipes, force mains, a master lift station and a lift station upgrade, in order to provide central wastewater service. • Objective 2: Provide a wastewater conveyance system that will protect the Indian River Lagoon. • Objective 3: Make development in the Park more attractive for prospective tenants. • Objective 4: Add facilities in an area without sufficient wastewater treatment facilities to further promote economic development. Project Description. The scope of this project includes the permitting and construction of a wastewater conveyance system to service nine lots at an industrial park known as the Airport West .Commerce Park...:The wastewater system project consists of constructing. approximately. 13,4001ineal feet of 12-inch PVC force main, 3,400 feet of 6-inch PVC force main, lift station infrastructure for a master station and one standard duplex lift station, plus all miscellaneous work and appurtenances, including electrical work, restoration work, construction management, and all required testing and system start-up. See map attached. DEP Agreement Attachment A, Page 2 of „ Project Milestones/Deliverables/Outputs: Identify by task/activity (as listed under Project Description), start date, and completion date. -Clear cells in table below header row before beginning to add data. Identify outputs/deliverables to result from this project. (Examples include: reports (progrP,S,C_ draft project report, final project report), manuals, videos, maps, BMPs installed, meetings, field days, issued permits, progress reports, quality assurance plans, etc.) Identify dates for providing/completing the outputs/deliverables on a schedule based on the date of agreement execution. Format should appear as follows: Deliverable/Output No. Task/Activity Start Complete Deliverables/Outputs Due Dates Descri tion 1 Design December March Route survey, base March 2007 services, route 2006 2007 plans, construction survey, plans, permit permitting, applications construction services.for 12" force main, renovation of the Westwood pump station #49, other engineering services 2 Revise route 08/08 11/08 Revise route survey, November 2008 DEP Agreement Attachment A, Page 3 of ~ j for 12' force prepare base plans main, include and construction plans the design of an 8' force main interconnection crossing US 1 south of St. Lucie Blvd. 3. .Master Pump 09/08 11/08 Plan for master lift November 2008 Station station 4 Bid 8" and 6" 10/08 01/09 Bid to Award January 2009 force mains 5 Construct 8" 01/09 08/09 Construction August 2009 and 6" force mains 6 Construct 12 " 08/09 12/09 Construction December 2009 force main . Project Budget: Detailed budgets must be submitted to support the budget information summarized in this section. Detailed budgets should be developed on a task-by-task basis. Bud et in ormation su ortin all match ex ected or this ro "ect must also be rovided. Project Fundin Matchin Funds and Source Activity DEP Grant Funding Fundin Source of Funds Professional Services: $311,230 0 Construction & $444,909 $481,430 al~ead bud eted Demolition: Land: E ui ment: $31, 861 Other (list): Other list Total: $788,000 Total Project Cost: $1,269,430 Match Re uired: None Amount of Match: $481,430 Project Budget Narrative: Provide budget detail for each Project Funding Activity stated above for both DEP Funding and Match. Professional Services: Design, permitting, construction administration is being contracted out to Mctstellar and Moler, testing service being done by Dunkleberger Testing Services Construction & Demolition: 6 8 "and 12 "force mains will be constructed along with master pump station and 8 "force main on Rock Road. Land: Easements will be required for force main routes. Equipment: Master pump for Airport West Commerce Park Other: DEP Agreement Attachment A, Page 4 of NOTE: IF THERE IS MATCH, THE SAME DETAIL MUST BE PROVIDED FOR THE MATCH. The FDEP grant does not require a match but local funds are available for expenditures above $788,000 grant. Also grant may be used to reimburse services already completed, which in this case is the design services. Total Budget by Task: This should correspond with the tasks/activities identified and described above. DEP Grant Matchin Funds and Source Task Funding Matchin Funds Source of Funds 1 Desi services - 12 " $164,500 0 2 Revise route, new $89,930 0 desi for 8" force main 3 Design services - 8" $36,800 0 force main on Rock Road instead of Westwood Li t Station 4 Testin Services $S, 000 0 5 Master pump station $15,000 0 desi _6 Bid 8"_and 6"_ and l2" Included in design 0 force mains 7 Construct 8" and 6" $161,124 0 force mains 8. Purchase master pump $31, 861 0 for installation at Airport West Commerce Park 9. Construct 12 "force $283,785 $481,430 main and 8" force main on Rock Road Total: $788,000 $481,430 Pro'ect Total: $1,269,430 Measures of Success: Identify factors that can be used to evaluate project performance/ outcomes to support project success. Include appropriate timelines for conducting such reviews. DEP Agreement Attachment A, Page 5 of Note that any changes to the Grant Work Plan Project Budget (of more than 10% in any line item), scope of work, or timelines shall require Department approval and amendment to the grant agreement. DEP Agreement Attachment A, Page 6 ofk~ _ - Ft i - ;v ~IW Y ' i;~ Yi.Y ey 2Ei t:: ww 0 _ v-w.no -m~~r~ ~ 1~~y I i ~ ? I p ~ 4 ,!I `I i I i i ~ ~ ~ i ~ ~E Fi ~ S i ~ ~ (Z t Y i e e /i ~ ~ ~ ' :Y L • ~ I i .E ~ f Z? F t Ir V ~ ~ i `tt t - ~ ` - t ~ s :~ti i ° - Q Z ~ ~ t 1r L M f{ ,I I~ ~i ~ ~ ~ E ~ ~ ,•1EI ! T ? r f gf~ E Y: E ! i p t ~`t ` O " e`a:l Ee ASV € ; t -E i< { ` h h , 1 = I ;#r ' u ratr ~ui.rv ` rrar~ uutas. 'I , l~l O r ~ i S~ tie F Ni a ~ t tip 't ~t iY: ~ ~I Y S~ ;Y~ W ~ cs i i i i i tr5~ i ~ I kt i ~ t „~1i d a~ i .na sar~.o i ~ ~ ~ t.` ~"ci. ; t i r iei it~ I i t t~? tit i i!+ t SF 6E ~i e ~ ~f F t in: _ i ~ ~ e3 t' r # e irA4.is E ~ ere t•~! j,: ! ~ i get ~i~:`~l.t~!~t:[~tEFE~ t. - !f"e,a e c r:c,~ .f F. f~~E}i-!2` Z ~ S ¢ _ , gidY ~.'iiii'e~$EieiiEr~aet§e°d'r`ESS f. l}tr=i~ t j j:4 ~eeifcrEeE~+[3~tE2e'= ES• - ~ + . ; F e r ~ t•r a~~= ~,~.,ro ~ ITEM NO. VI-C2 ~ ~ - - DATE: 10/06/09 ~ AGENDA REQUEST REGULAR ( ) u PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana D. Lewis SUBMITTED BY: Airport Airport Direc or SUBJECT: Change Order No. 6 for the Second Phase of the New Runway and Taxiway BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140135-4220-563000-48006 Infrastructure 140335-4220-563000-48006 I nfra stru ctu re PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Change Order No. 6 for Dickerson Florida, Inc. on the second phase of the New Runway and Taxiway Project increasing the total project cost by $67,277.82 from $3,966,924.19 to $4,034,202.01 with an increase in the contract time of 3 days to August 24, 2009 and authorization for the Chair to sign the document as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator CoordinationlSignatures - n County Attorney ( ) OMB Director ( ) It~~l,~r i Budget Analyst ~~/111111~~~ Daniel. McIntyre Marie G uin Heather Young Patty Marston Purchasing ( ) ERD ( ) Melissa Simberlund (Name) AIRPORT ~ w.,-yu~e P'.`t ~ Y~:.4~:'p"i~.Q~'t 1P»rAi%.~`~~S,u~: ~~~y: i7\J !x r ' ~ MEMORANDUM TO: Board of County Commissioners f~; FROM: Diana D. Lewis, Airport Director:.; / G ; - - C~ DATE: October 6, 2009 SUBJECT: Change Order No. 6 for the Second Phase of the New Runway and Taxiway ITEM NO. VI-C2 Background: The new runway and taxiway construction project was bid in two phases based on when Federal Aviation Administration (FAA) funds became available. The first phase included the clearing and grubbing of the taxiway and runway areas and relocation of the canals. This was awarded on October 10, 2006 to Dickerson Florida, Inc., for the contract amount of $5,323,348.00. There were five change orders on this phase of the project, increasing the contract amount by $354,133.79, or 7%, for a total of $5,667,481.74. The contract for this phase has been closed out. The second phase of the runway and taxiway construction project includes grading and paving, installation of the signs and electrical work, and the construction of the service road. This phase was also awarded to Dickerson in July 2008 for the contract amount of $3,699,879.78. There have been five change orders approved for the second phase of the new runway construction. The change orders included adjustments of topsoil quantities, addition of culverts and headwalls needed for unanticipated remedial work and changes to gate widths to accommodate towing aircraft with up to a 38 foot wingspan. Also included are the contractor-installed conduit and pull boxes and directional bore under Canal 3 for the FPL distribution line relocation. Signs were changed for the new runway designations and taxiway lights were upgraded to LED lights. Trees around wetlands were hand cleared and additional dewatering to install a headwall was required. The time for substantial completion was also changed to August 21, 2009. Attached Change Order No. 6 is the final change order reflecting the actual as-built quantities and includes additional work on line of sight clearing activities and signs needed for the service road and Taylor Dairy Road. These additional services were provided by the contractor in anticipation that the costs would be included in the final change order. Since not all trees were harvested under the agreement with the Division of Forestry, the contractor was asked to finish clearing the remaining trees and the pole barn in order for the Air Traffic Control Tower to have a clear line of sight to the new runway and taxiway. The additional signs on the service road and Taylor Dairy Road were also added to improve safety. With this final change order, the project cost increased by $67,277.82 to $4,034,202.01. t Previous Action June 12, 2008 -Budget Resolution for FAA grant amount of $5,418,464 July 1, 2008 -Awarded to Dickerson Florida, Inc., for $3,689,879.78 December 10, 2008 -Change Order No. 1 decreased the contract amount by $14,930.00 February 17, 2009 -Change Order No. 2 increased the contract by $13,794.00 and 20 days March 3, 2009 -Change Order No. 3 increased the contract by $50,738.00 and 30 days April 7, 2009 -Resolution 09-111 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) #426457-1-94-01 to fund LED lights upgrade for a project cost of up to $31,250 May 5, 2009 -Change Order No. 4 increased the contract by $212,512.41. July 31, 2009 -Change Order No. 5 approved by the County Administrator changed the substantial completion date to August 21, 2009 for an increase of 56 days with no change in contract amount. Recommendation Board approval of Change Order No. 6 for Dickerson Florida, Inc. on the second phase of the New Runway and Taxiway Project increasing the total project cost by $67,277.82 from $3,966,924.19 to $4,034,202.01 with an increase in contract time of 3 days to August 24, 2009 and authorization for the Chair to sign the document as approved by the County Attorney. 2. CHANGE ORDER ST. LUCIE COUNTY ` PROJECT: CHANGE ORDER NUMBER: No. 06 (name, address) Runway 9L-27R and Parallel Taxiway System INITIATION DATE: 9/22/2009 St. Lucie County International Airport CONSULTANT'S PROJECT NO.: 100004864 (PBS&J) TO (Contractor): Dickerson Florida, Inc. ST. LUCIE COUNTY P.O. Box 910 CONTRACT NO: C08-07-284 Ft. Pierce, Florida 34954 CONTRACT DATE July 1, 2008 You are directed to make the following ch es in this contract: (Additional sheet attached as Exhibit -Yes No) See attached. The original (Contract Sum) (Gu )was $ 3,689,879.78 Net change by previous authorized Change orders $ 277,044.41 The (Contract Sum) ( t) prior to this Change order $ 3,966,924.19 The (Contract Sum) (Gu t) will be (increased) (~~;crease~~r urask~ed) by this Change Order $ 67,277.82 The new (Contract Sum) ( t) including this Change order will be $ 4,034,202.01 The Contract Time will be (increased) ( ) by (3) Days The Date of Substantial Completion as of the date of this Change Order therefore is: August 24, Zoos Funds Available: Account Number 140135-4220-563000-48006 & 140335-4220-563000-48006 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contrail specifications. CONTRACTOR: APPROVED: Dickerson Florida, Inc. St. Lucie County International Airport Contractor.' St. Lucie County Department: P.O. Box 910. Ft. Pierce, FL 34954 2300 Virginia Avenue, Ft. Pierce, Florida 34982 Address: Address By: Date: By: Date: AUTHORIZED: CONSULTANT: ST. LUCIE COUNTY PBS&J, 482 S. Keller Road, Orlando, FL 32810 BOARD OF COUNTY COMMISSIONERS Architect/Engineer By: County Administrator Date: By: Date: Approved as to Form and Correctness: County Attorney i EXHIBIT A CHANGES ORDERED BASE BID :ITEM QUANTITY: UNIT; PRICE: AMOUNT: ADD/DEDUCT P-334-1 ;Bituminous Surface Course T e SP-12.5 149.3 TNi S 84.00 S 12 541.20: DEDUCT D-751 iDraina a structure weir late modifications 1 ~ LSt S 1 437.81 i S 1 437.81 ? ADD T-904-1 i Soddin 11 083 i SYi S 1.61 i S 17843.63 ' ADD TOTAL S 6,740.24 ADD ALTERNATE 2 :ITEM QUANTITY; UNIT; PRICE; AMOUNT; ADD/DEDUCT L-108-5.2:1/C No. 6 AWG Bare Solid Counte oise Wire with Ground Rods and Exothermic Ci 940 LF E S 1.10 i S 1 034.00: ADD L-110-5.1 i 1 wa 2" Schedule 40 PVC Direct Earth Buried 2 709 ? LF i S 3.30 i S 8 939.70: ADD L-110.5.3:1 wa 4" Schedule 40 PVC Direct EaAh Buried 303: LF' S 5.00 i S 1 515.00 ADD L•110-5.6i 1 wa 4' Schedule 40 PVC Concrete Encased 86 LF S 13.00 S 1 116.00 ADD TOTAL S 12,606.70 ADD ALTERNATE 5 :ITEM i QUANTITY: UNIT? PRICE: AMOUNT: ADD/DEDUCT F-162-1 i8-Foot Permanent Chain-Link Fence 335: LF S 22.00 i S 7 370.00 i DEDUCT TOTAL S (7,370.00) Additional Si na eon Access Rd. and Ta for Dal Rd. i1TEM € QUANTITY: UNIT: PRICE: AMOUNT: ADD/DEDUCT iW14-1 Dead End sin 5 EAi S 345.00 € S 1 725.00: ADD f W t6-2A 300ft sin 2 i EA€ S 69.00 € S 138.00: ADD ;Red Reflectors 9 Button mounted on oats 3 i EA S 143.75 S 431.25: ADD :Red Reflectors 9 Button mounted on fence 6 i EAi S 115.00 i S 690.00: ADD iVehicle Access Onl sin anels 4 i FJ1's E 86.25 's S 345.00 ADD iSi nBaseswithFran ibleCou tins 4 € EAi S 287.50 i S 1 150.00 i ADD TOTAL S 4,479.25 LI not-sl ht Tree Clearin ITEM i QUANTITY: UNIT: PRICEi AMOUNT: ADD/DEDUCT ;Tree Clearin - O lion B mulchin 1 i LS i S37 950.D0 S 37 950.00 i ADD Wetland Tree Clearin -hand-cut 1 i LS ~ S 9 323.63 i f 9 323.63 ADD i Wetland Area Fencin 1 LS S 2 490.00 ! S 2 490.00: ADD i Demolition of Bam 1 LS ~ S 1 058.00 i S 1 058.00: ADD TOTAL S 50,821.63 CHANGE ORDER /5 S 87,277.82 As-built Quantities The changes to the Base Bid, Add Alternate 2, and Add Allemale 5 quanlties reflect actual as-built quantities. The contract is being balanced based on final quantity take-offs and adjustments. These pay items have been completed Additional Signage on Access Rd. and Taylor Dairy Rd. With the acquisition of the out-parcel, the County has requested adddional traffic Signage to reflect the permanent closure of this section of Taylor Dairy Rd. In addition, "vehicle access onty' signs have been added at access road interface with the airfield. LignofSight Tree Clearing The Division of Forestry's contractor harvested most of the valuable trees from the LOS, but left a large number of palms and non-native species. These remaining trees still provide a visual obstruction for the ATC tower, which is unable to see portions of the new runway and taxiway. Dickerson's clearing sub will remove these remaining trees to clear the lign-of-sight issue. ITEM NO. VI-C3 - ~ - - DATE: 10/06/09 • ~ , AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana D. Lem- SUBMITTED BY: Airport Airport Director SUBJECT: Resolution No. 09-296, Florida Department Transportation (FDOT) Joint Participation Agreement, Stormwater Pollution Prevention Plan (SWPPP) Update BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Pending BOCC approval. PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Resolution No. 09-296 accepting the FDOT Joint Participation Agreement in the amount of $80,000 for the Stormwater Pollution Prevention Plan (SWPPP) Update, and authorization for the Chair to sign the document as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED ( ) OTHER A roved 5-0 Faye W. Outlaw, MPA Pp County Administrator Coordination/Signatures ' A County Attorney ( ) i'; OMB Director ( ) ~ nom} 1 Budget Analyst 1 y YII' VVV~~V L Daniel McIntyre Marie Gouin Heather Young Patty Marston Originating Dept. ( ) ERD ( ) (Name) (Name) AIRPORT • ' ~ ~ ~ MEMORANDUM TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Director DATE: October 6, 2009 ~ SUBJECT: Resolution No. 09-296, Florida Department Transportation (FDOT) Joint Participation Agreement (JPA), Stormwater Pollution Prevention Plan (SWPPP) Update ITEM NO. VI-C3 Background: The Airport originally prepared a Stormwater Pollution Prevention Plan (SWPPP) in 1997 to comply with the requirements of the National Pollution Discharge Elimination System (NPDES) and the Clean Water Act (CWA) Amendments of 1987. The SWPPP identifies potential pollution sources at the airport and propose stormwater management controls and best management practices designed to reduce or eliminate pollutants entering the stormwater system. The Airport received a NPDES Multi- Sector General Permit, Section S, on May 5, 2006. This permit is good until May 4, 2011. The SWPPP must be periodically updated to include changes to the airport facilities and incorporate annual inspection results. Acceptance of the attached FDOT JPA, which is an $80,000 grant for a total project cost of $100,000, will ensure the Airport remains in compliance with our NPDES permit. The $20,000 local match has been budgeted in the approved FY 2010 operating budget. Recommendation Board approval of Resolution No. 09-296 accepting the FDOT Joint Participation Agreement in the amount of $80,000 for the Stormwater Pollution Prevention Plan (SWPPP) Update, and authorization for the Chair to sign the document as approved by the County Attorney. RESOLUTION NO. 09-296 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROJ. N0. 425117-1-94-01) TO UPDATE STORMWATER POLLUTION PREVENTION PLAN (SWPPP) AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding to Update Stormwater Pollution Prevention Plan (SWPPP} at the St. Lucie County International Airport (Fin. Proj. No. 425117-1-94-01 2. The Board should authorize and approve execution of the Public Transportation Joint Participation Agreement with the State of Florida Department of Public Transportation for the above-referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Joint Participation Agreement with the State of Florida (Fin. Proj. No. 425117-1-94-01) to provide funding to Update Stormwater Pollution Prevention Plan (SWPPP) at the St. Lucie County International Airport. 2. The Board hereby authorizes the Chairperson to execute the above- referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. i After motion and second, the vote on Resolution 09-296 was as follows: Chair Paula Lewis XXX Vice-Chair Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this day of 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Page l~of~ Financial Project No.: Fund: DS FLAIR Category: 088719 425117-1-94-01 Function: 637 Object Code: 750004 item-segment-p ase-sequence Federal ND.. Org. Code: 55042010428 Contract No.: DUNS No.: Vendor No.: VF596000835030 CFDA Number: CSFA Number: 55004 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 referred to as the Department, and St. Lucie County Board of County Commissioners hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before October 31, 2011 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said 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 332.006(6) 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 FDOT participation in a Stormwater Pollution Plan project at St Lucie County International Airport. and as further described in Exhibit(s) A, B, C, & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental 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. ~2s-o3o-as PUBUCTRANSPORTATION 06/09 Page 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the 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. 2.30 Funds of the Agency: 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- 2.40 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 may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 100,000 .This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 80,000 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility :Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the adopted work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding Q is ~ is not applicable- If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage : Retainage Q is ~ is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 725-030-06 PUBLIC TRANSPORTATION osros Page 3 of 14 6.00 Project Budget and Payment Provisions: 6.10 the Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 420, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelineslprocedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 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. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do 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 state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. 726-030-os PUBLIC TRANSPORTATION 06!09 Page 4 of 14 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, (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, and/or other procedures. The Agency 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 Agency is appropriate, the Agency 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 FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part 1 Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 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 "D" to 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 1, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from 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: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 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, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "D" 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 nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part 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)(e), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate 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. 725-030-06 PUBUC TRANSPORTATION 06/09 Page 5 of 14 Part III Other Audit Requirements 1. The Agency 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. 2. 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 Comptroller, 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 reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Section 7.622 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Office of Modal Development 3400 W. Commercial Blvd. Ft Lauderdale, FL 33309 B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133. 2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, 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: Office of Modal Development 3400 W. Commercial Blvd. Ft Lauderdale, FL 33309 In addition, 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 CircularA-133, and any management letters issued by the auditor, to the Department at each of the following addresses: Office of Modal Development 3400 W. Commercial Blvd. Ft Lauderdale, FL 33309 iss-o3o-as PUBLIC TRANSPORTATION OG/09 Page 6 of 14 3. Copies of financial reporting packages required by Section 7.62 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 addresses: Office of Modal Development 3400 W. Commercial Blvd. Ft Lauderdale, FL 33309 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 Section 7.62 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 addresses: Office of Modal Development 3400 W. Commercial Blvd. Ft Lauderdale, FL 33309 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department 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 Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 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 five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Participant's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 725-030-06 PUBLIC TRANSPORTATION 06109 Page 7 of 14 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 W. Commercial Blvd. Ft Lauderdale , FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions 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 on the project if: 8.21 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 or data furnished therewith or pursuant hereto; 8.22 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; 8.23 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 expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." 725-030-06 PUBIC TRANSPORTATION 06/09 Page 6 of 14 8.30 Disallowed Costs: In determining the amount of the payment, prior to receipt of annual notification of funds availability, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: 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 public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, 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 any or all of its obligations under this Agreement. 9.11 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 cant' out the actions required therein which may include any or all of the following: (1) 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 the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the 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 budget within a reasonable time. The approval of a remittance by the Agency or 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. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 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 joint participation funds, including consultant, construction or purchase of commodities 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 as provided in Section 8.23. 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. ~zso3o-os PUBLIC TRANSPORTATION 06/09 Page 9 of 14 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act_ At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. 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. 12.30 Disadvantaged Business Enterprise {DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 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, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for 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. 13.20 Title VI -Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII -Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. nsoao-os PUBLIC TRANSPORTATION 06109 Page 10 of 14 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 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 the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 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. 14.40 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. 14.50 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. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other actor do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the 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. 725-030-06 PUBLIC TRANSPORTATION 06109 Page 11 of 14 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department wi{I determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, 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 written approval with any approved portions of the project and comments or recommendations concerning 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 written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. n5-o3o-os PUBLIC TRANSPORTATION 06/09 page 12 of 14 17.20 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 Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any 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 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before October 31, 2011 If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development .Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid: 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular- All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal 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 federal 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 Joint Participation 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 section 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. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. ~zs-o3o~ PUBLIC TRANSPORTATION osros Page 13 of 14 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (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 receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the 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) 413-5516 or by calling the Department of Financial Services Hotline, 877-693-5236. 23.00 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 s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list- 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list 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. nsa~o-0s PUBLIC TRANSPORTATION 06/09 Page 14 0/ 14 Financial Project No. 425117-1-94-01 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FDOT St. Lucie County Board of County Commissioners See attached Encumbrance Form for date of Funding AGENCY NAME Approval by Comptroller LEGAL REVIEW SIGNATORY (PRINTED OR TYPED) DEPARTMENT OF TRANSPORTATION SIGNATURE DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE TITLE Fin. Proj. No.: 425117-1-94-01 Contract No_: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County BOCC. PROJECT LOCATION: St Lucie County International Airport PROJECT DESCRIPTION: Stormwater Pollution Plan SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSIDERATIONS BY DEPARTMENT: N!A Fin. Proj. No.: 425117-1-94-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County BOCC. I. TOTAL PROJECT COST: $100,000 II . PARTICIPATION: Federal Participation: FAA FTA, UMTA, etc. 0.00% $0 Agency Partiapation: I n-Knd Cash 20.00% $20,000 Other *"Mabmum Department Partiapation: Primary(DS) (DDR) (DIM) (PORT) 80.00% $8D,000 Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursabe (DL) III. TOTAL PROJECT COST: $100,000 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 EXHIBIT "C" AVIATION OGC - 03109 AVIATION PROGRAM ASSURANCES Pagelof9 FINANCIAL PROJECT NO.: 425117-1-94-01 EFFECTIVE DATE: A. General 1. The assurances herein shall form an integral part of the Joint Participation Agreement (Agreement) between the State of Florida, Department of Transportation (Department) and the airport sponsor, whether county or municipal government body or special district, such as an Airport Authority (herein, collectively referred to as "Agency")- 2. These assurances delineate the obligations of the parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit A, "Project Description and responsibilities" and Exhibit B, "Project Budget", as well as serving to protect public investment in public-use airports and the continued viability of the Florida Aviation System. 3- The Agency shall comply with the assurances as specified in this Agreement. 4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or project items installed within a facility for an airport development or noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement. 5- There shall be no limit on the duration on the terms and assurances of this Agreement regarding Exclusive Rights and Airport Revenue so long as the property is used as a public airport- 6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by the State of Florida. 7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this project under the terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms of the Agreement and/or these assurances. 8- An Agency that has been determined by the Department to have failed to comply with the terms of the Agreement and/or these assurances shall be notified, in writing, by the Department, identifying the specifics of the non- . compliance and any corrective action by the Agency to remedy the failure. 9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department's continued financial commitment to this project and immediately require the Agency to repay the Department the full amount of funds expended by the Department on this project. 10. Any history of failure to comply with the terms of an Agreement and/or assurances will jeopardize the Agency's eligibility for further state funding of airport projects by the Department. B. Agency Compliance Certification 1. General Certification: The Agency hereby certifies, with respect to this project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and local government, as well as Department policies, guidelines, and requirements, including but not limited to the following: a. Florida Statutes (F.S.) • Chapter 163, F.S., Local Government Comprehensive Planning and Land Development • Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens • Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports • Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce • Chapter 332, F.S., Airports and Other Air Navigation Facilities Chapter 333, F.S., Airport Zoning b. Florida Administrative Code (FAC) • Chapter 9J-5, FAC, Review of Comprehensive Plans and Determination of Compliance • Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection • Section 62-256-300(5) FAC, Open Burning, Prohibitions, Public Airports STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 EXHIBIT "C" OGC'A03/09 AVIATION PROGRAM ASSURANCES Page2o(9 • Section 62-701.320(13), FAC, Solid Waste Management, Permitting, Airport Safety c. Local Government Requirements • Airport Zoning Ordinance • Local Comprehensive Plan d. Department Requirements • Eight Steps to Building a New Airport • Florida Airport Financial Resource Guide • Florida Aviation Project Handbook • Guidebook for Airport Master Planning • Guidelines for Plan Development 2. Construction-Certification: The Agency hereby certifies, with respect to aconstruction-related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, as well as Federal Aviation Administration (FAA) Advisory Circulars {AC's) and FAA issued waivers thereto, including but not limited to the following: a. Federal Requirements . FAA AC 70!7460-1, Obstruction Marking and Lighting • FAA AC 150/5300-13, Airport Design b. Local Government Requirements • Local Building Codes • Local Zoning Codes c. Department Requirements • Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the "Florida Green Book") • Manual on Uniform Traffic Control Devices • Section 14-60.007, Florida Administrative Code, "Aifield Standards for Licensed Airports" • Standard Specifications for Construction of General Aviation Airports 3. Land Acquisition Certification: The Agency hereby certifies, regarding land acquisition, that it will comply with applicable federal and state policies, regulations, and laws, including but not limited to the following: a. Federal Requirements • Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 • National Environmental Policy of 1969 • FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects • FAA Order 5100.376, Land Acquisition and Relocation Assistance for Airport Projects b. Florida Requirements • Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation) • Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation) • Section 286.23, F.S., Public Business: Miscellaneous Provisions C. Agency Authority STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 EXHIBIT "C" OGC~03l09 AVIATION PROGRAM ASSURANCES Page3of9 1. Legal Authority: The Agency hereby certifies, with respect to this project Agreement, that it has the legal authority to enter into this Agreement and commit to this project; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the airport sponsor's governing body authorizing this Agreement, including assurances contained therein, and directing and authorizing the person identified as the official representative of the governing body to act on its behalf with respect to this Agreement and to provide any additional information as may be required. 2. Financial Authority: The Agency hereby certifies, with respect to this project Agreement, that it has sufficient funds available for that portion of the project costs which are not paid by the U.S. Government or the State of Florida; that it has sufficient funds available to assure future operation and maintenance of items funded by this project, which it will control; and that authority has been granted by the airport sponsor governing body to commit those funds to this project. D. Agency Responsibilities The Agency hereby certifies it currently complies with or will comply with the following responsibilities: 1. Accounting System a. The Agency shall create and maintain a separate account to document all of the financial transactions related to the airport as a distinct entity. b. The accounting records shall be kept by the Agency or its authorized representative in accordance with Generally Accepted Accounting Principles and in an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. c. The Department has the right to audit and inspect all financial records of the airport upon reasonable notice. 2. Good Title a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or gives assurance, satisfactory to the Department, that good title will be obtained. b. For noise compatibility program projects undertaken on the airport sponsor's property, the Agency holds good title, satisfactory to the Department, to that portion of the property upon which state funds will be expended, or gives assurance, satisfactory to the Department, that good title will be obtained. 3. Preserving Rights and Powers a. The Agency will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, it will act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of others which would interfere with such performance by the Agency. b. If an arrangement is made for management and operation of the airport by any entity or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the terms and assurances of this Agreement. 4. Hazard Removal and Mitigation a. For airport hazards located on airport controlled property, the Agency will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. b. For airport hazards not located on airport controlled property, the Agency will work in conjunction with the governing public authority or private land owner of the property to clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. The Agency may enter into an agreement with surrounding property owners or pursue available legal remedies to remove potential hazards to air navigation. 5. Airport Compatible Land Use a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333.03, F.S., "Airport Zoning", or if not in place, that it will take appropriate action necessary to ensure local government STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 , EXHIBIT "C" AVwTION OGC - 03!09 AVIATION PROGRAM ASSURANCES Page4of9 adoption of an airport zoning ordinance or interlocal agreement with another local government body having an airport zoning ordinance, consistent with the provisions of Section 333.03, F.S. b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural or man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport operations. c. The Agency assures that it will disapprove or oppose any attempted change in local land use development regulations that would adversely affect the current or future levels of airport operations by creation or expansion of airport incompatible land use areas. 6. Consistency with Local Government Plans a. The Agency assures the project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the airport. b. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the project. c. The Agency will consider and take appropriate actions, if deemed warranted, to adopt the current, approved Airport Master Plan into the local government comprehensive plan. 7. Consistency with Airport Master Plan and Airport Layout Plan a. The Agency assures that any project, covered by the terms and assurances of this Agreement, is consistent with the current, approved Airport Master Plan. b. The Agency assures that this project, covered by the terms and assurances of this Agreement, is consistent with the current, approved Airport Layout Plan (ALP), which shows: (1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) The location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) The location of all existing and proposed non-aviation areas on airport property and of all existing improvements thereon. c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the Department. d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. 8. Airport Financial Plan a. The Agency assures that it will develop and maintain acost-feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the Airport Layout Plan, and any updates thereto. (1) The financial plan shall be a part of the Airport Master Plan. (2) The financial plan shall realistically assess project phasing considering availability of state and local funding and likelihood of federal funding under the FAA's priority system. (3) The financial plan shall not include Department funding for projects which are inconsistent with the local government comprehensive plan. b. All project cost estimates contained in the financial plan shall be entered into and kept current in the Joint Automated Capital Improvement Program (JACIP) online website. 9. Airport Revenue The Agency assures that all revenue generated by the airport will be expended for capital improvement or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040.15 EXHIBIT «`+n AVIATION OGC - 03/09 AVIATION PROGRAM ASSURANCES Page5ot9 owner or operator of the airport and which are directly and substantially related to the air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 10. Fee and Rental Structure a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport that will make the airport as self-sustaining as possible under the circumstances existing at the particular airport. b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures that the price charged for that facility will be based on the fair market value. c. The Agency assures that property or facility leases for aeronautical purposes shall not exceed a period of 30 years. 11. Public-Private Partnership for Aeronautical Uses a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential tenant agree that an aircraft hangar or tenant-specific facility, respectively, is to be constructed on airport property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the facility as the airport owner or operator may impose, subject to approval by the Department. b. Duration of the terms or conditions in Section D11a shall not exceed a period of 30 years. 12. Economic Nondiscrimination a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public. (1) The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. (2) The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. b. The Agency assures that each airport Fixed-Based Operator (FBO) shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such airport and utilizing the same or similar facilities. 13. Air and Water Quality Standards The Agency assures that in projects involving airport location, major runway extension, or runway location that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. 14. Operations and Maintenance a. The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation, as well as minimum standards established by the Department for State of Florida licensing as a public- use airport. (1) The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. (2) Except in emergency situations, any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. (3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when adverse weather conditions interfere with safe airport operations. 15. Federal Funding Eligibility STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 . EXHIBIT "C" AvwnoN OGC -03/09 AVIATION PROGRAM ASSURANCES Pa9e6or9 a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and it will avoid any action that renders the airport ineligible for federal funding. b. Ineligibility for federal funding of airport projects will render the Agency ineligible for state funding of airport projects. 16. Project Implementation a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this airport project within one year after the effective date of this Agreement. b. The Agency may request aone-year extension of this one-year time period, subject to approval by the Department District Secretary or designee. c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the Department to terminate this Agreement. 17. Exclusive Rights The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or intending to provide, aeronautical services to the public. 18. Airfield Access a. The Agency assures that it will not grant or allow general easement or public access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage, except for those normal airport providers responsible for standard airport daily services or during special events at the airport open to the public with limited and controlled access. b. The Agency assures that it will not grant or allow general easement or public access to any portion of the airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without prior Department approval. 19. Retention of Rights and Interests The agency will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the real property shown as airport owned or controlled on the current airport layout plan without prior written approval by the Department. It will not sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of any part of its title, rights, or other interest in existing noise easements or avigation easements on any property, airport or non airport, without prior written approval by the Department. These assurances shall not limit the Agency's right to lease airport property for airport-compatible purposes. 20. Consultant, Contractor, Scope, and Costs a_ The Department has the right to disapprove the Agency's employment of consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. b. Further, the Department maintains the right to disapprove the proposed project scope and cost of professional services. 21. Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will: a. Execute the project per the approved project narrative or with approved modifications. b. Furnish the Department with such periodic project and work activity reports as indicated in the approved scope of services. c. Make such material available for public review, unless exempt from public disclosure. (1) Information related to airport security is considered restricted information and is exempt from public dissemination per Sections 119.071(3) and 331.22 Florida Statutes. (2) No material prepared under this Agreement shall be subject to copyright in the United States or any other country. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040.15 EXHIBIT "C" AVIATION OGC - 03!09 AVIATION PROGRAM ASSURANCES Page7of9 d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. e. If the project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the airport and the Agency will comply with the Department airport master planning guidebook, including: (1) Provide copies, in electronic and editable format, of final project materials to the Department, including computer-aided drafting (CAD) files of the Airport Layout Plan. (2) Develop acost-feasible financial plan, approved by the Department, to accomplish the projects described in the Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost-feasible financial plan shall realistically assess project phasing considering availability of state and local funding and federal funding under the FAA's priority system. (3) Enter all projects contained in the cost-feasible plan in the Joint Automated Capital Improvement Program (JACIP}. f. The Agency understands and agrees that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA approval prior to submitting any invoices to the Department for payment. h. The Department may extend the 5-day requirement for the approval and inspection of goods and services to allow for adequate time for review (reference Section 215.422(1), F.S.). 22. Land Acquisition Projects If this project involves the purchase of real property, the Agency assures that it will: a. Laws: Acquire the land in accordance with federal and state laws governing such action. b. Administration: Maintain direct control of project administration, including: (1) Maintain responsibility for all related contract letting and administrative procedures. (2) Secure written Department approval to execute each agreement for the purchase of real property with any third party. (3) Ensure a qualified, State certified general appraiser provides all necessary services and documentation. (4) Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal. (5) Establish a project account for the purchase of the land. (6) Collect and disburse federal, state, and local project funds. c. Reimbursable Funds: If funding conveyed by this Agreement is reimbursable for land purchase in accordance with Chapter 332, Florida Statutes, the Agency will comply with the following requirements: (1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. (2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing, within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares per Chapter 332, Florida Statutes. (3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within 30 calendar days after the reimbursable funds are to achieve normal project state and local funding shares as described in Chapter 332, Florida Statutes. (4) If federal funds are not received for the land purchase and the state share of the purchase is less than or equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no reimbursement to the Department shall be required. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040.15 EXHIBIT "C" occ~ol~ AVIATION PROGRAM ASSURANCES Page8afi9 d. New Airport: If this project involves the purchase of real property for the development of a new airport, the Agency assures that it will: (1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. (2) Complete an Airport Master Plan within two years of land purchase. (3) Complete airport construction for basic operation within 10 years of land purchase. e. Use of Land: The Agency assures that it shall use the land for aviation purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition. f. Disposal of Land: For disposal of real property purchased in accordance with the terms and assurances of this Agreement, the Agency assures that it will comply with the following: (1) For land purchased for airport development or noise compatibility purposes, the Agency will, when the land is no longer needed for such purposes, dispose of such land at fair market value and/or make available to the Department an amount equal to the state's proportionate share of its fair market value. (2) Land shall be considered to be needed for airport purposes under this assurance if: (a) It serves aeronautical purposes, e.g. runway protection zone or as a noise buffer. (b) Revenue from uses of such land contributes to airport financial self-sufficiency. (3) Disposition of land under Section 22f(1) or (2), above, shall be subject to retention or reservation of any interest or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to airport operations. (4) For disposal of real property purchased with Department funding: (a) The Agency will reimburse the Department a proportional amount of the proceeds of the sale of any airport-owned real property. (b) The proportional amount shall be determined on the basis of the ratio of the Department financing of the acquisition of the real property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. (c) Sale of real property acquired with Department funds shall be at fair market value as determined by appraisal, and the contract for sale must be approved in advance by the Department. (d) If any portion of the proceeds from the sale to the Agency is non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. 23. Construction Projects: The Agency assures that it will: a. Project Certifications: Certify project compliances, including (1} Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. (2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing as a public-use airport. (3) Completed construction complies with all applicable local building codes. (4) Completed construction complies with the project plans and specifications with certification of that fact by the project Engineer. b. Design Development: For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively referred to as "plans", the Agency will certify that: (1) The plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 EXHIBIT "C" AVIATION OGC - 03!09 AVIATION PROGRAM ASSURANCES Page9of9 (2) The plans shall be consistent with the intent of the project as defined in Exhibit A and Exhibit B of this Agreement. (3) The project Engineer shall perform a review of the certification requirements listed in Section B2 above and make a determination as to their applicability to this project. (4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. c. Inspection and Approval: The Agency assures that: (1) The Agency will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. (2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost and progress reporting, as may be required by the Department. (3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department, for work which does not conform to Department standards. d. Pavement Preventive Maintenance: The Agency assures that for a project involving replacement or reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. 24. Noise Mitigation Projects: The Agency assures that it will: a. Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, the Agency shall enter into an agreement with that government body. (1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the same terms and assurances.thatapp!y to the Agency. (2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non- compliance with the terms of the agreement. b. Private Agreements: For noise compatibility projects on privately owned property, (1) The Agency shall enter into an agreement with the owner of that property to exclude future actions against the airport. (2) The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. Financial Project No. 4~~'?17-1-A4-f)1 = Contract No. Agreement Date EXHIBIT D State Agency Catalog of State Financial Assistance (Number & Title) Amount FDOT 55004 -Aviation Grant Program $ 80,000 COMPLIANCE REQUIREMENTS Activities Allowed: Airport Planning Airport Planning Grants are to study options for airport development and operations. The Department funds airport master plans, airport layout plans (ALP), noise and environmental studies, economical impact, services development, and airport promotion. Examples of projects are: - Master plans and ALPs; - Master drainage plans; - Environmental assessments (EA); - Development of regional impact (DRI); - Operations and emergency response plans; - Federal Aviation Regulations (FAR) Part 150 noise studies; - Environmental impact studies (EIS); - ~Idlife hazard studies; - Feasibility and site selection studies; - Business plans; -Airport management studies and training; -Air services studies and related promotional materials. (FDOT Aviation Grant Program Handbook) Airport Improvement These grants are to provide capital facilities and equipment for airports. Examples of projects are: - Air-side capital improvement projects (runways, taxiways, aprons, T-hangers, fuel farms, maintenance hangers, lighting, control towers, instrument approach aids, automatic weather observation stations); - Land-side capital improvement projects (terminal buildings, parking lots and structures, road and other access projects); - Presentation projects (overlays, crack sealing, marking, painting buildings, roofing buildings, and other approved projects; - Safety equipment (including AARF fire fighting equipment and lighted Xs); - Safety projects (tree clearing, land contouring on overrun areas, and removing, lowering, moving, and marking, lighting hazards); - Information technology equipment (used to inventory and plan airport facility needs); - Drainage improvements. (FDOT Aviation Grant Program Handbook) Joint Participation Agreement (JPA) Exhibit D Page 1 Land Acquisition This grant program protects Florida's citizens from airport noise and protects airport clear zones and runway approach areas from encroachment. Administrative Costs, appraisals, legal fees, surveys, closing costs and preliminary engineering fees are eligible costs. In the event the negotiation for a fair market value is unsuccessful, the court will be petitioned for "an Order of Taking" under the eminent domain laws of Florida. Examples of projects are: -Land acquisition (for land in an approved master plan or ALP); -Mitigation land (on or off airport); -Aviation easements; -Right of way; -Approach clear zones. (FDOT Aviation Grant program Handbook) Airport Economic Development This grant program. is to encourage airport revenue. Examples of projects are: -Any airport improvement and land purchase that will enhance economic impact; -Building for lease; -Industrial park infrastructure and buildings; -General aviation terminals that will be 100 percent leased out; -Industrial park marketing programs. (FDOT Aviation Grant Program Handbook) Aviation Land Acquisition Loan Program The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commercial service and general aviation airports. This is a general description of project types. A detail list of project types approved for these grant programs can be found in the Aviation Grant Program manual which can be accessed through the intereet at www.dot.state.fl.us/Aviation/Public_htm. Allowable Cost: See part three of compliance supplement Cash Management: See part three of compliance supplement Matching Requirements are as follows: Commercial Service Airports When no federal funding is available, the Department provides up to 50 percent of the project costs. When federal funding is available, the Department can provide up to 50 percent of the non-federal share. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) General Aviation Airports When no federal funding is available, the Department provides up to 80 percent of project costs. When federal funding is available, the Department can provide up to 80 percent of the non- federal share. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Economic Development Joint Participation Agreement (JPA) Exhibit D Page 2 The Department provides up to 50 percent of airport economic development-funds to build on- airport revenue-producing capital improvements. This program is for local match only. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Airport Loans The Department provides a 75 percent loan program to fund the Aviation Land Acquisition Loan Program. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Joint Participation Agreement (JPA) Exhibit D Page 3 Missy Stiadle From: Missy Stiadle Sent: Tuesday, October 06, 2009 9:34 AM To: Barbara Felton; Carol Bishop; Charlene Furtado; Charlne Burgess; Chris Craft; Chris Dzadovsky; Daniel McIntyre; Doug Coward; Erick Gill; Eva O'Donnell; Faye W. Outlaw; Mille Feliciano; Michelle Hylton; Janet Pentz; Jerome Adams; Joe Cimino; Kara Wood; Kristin Tetsworth; Lee Ann Lowery; Liz Martin; Mark Satterlee; Michael Brillhart; Mike Claus; Missy Stiadle; Nelson A Azcuenaga; Paula Lewis; Robin Meyer; Shane DeWitt; Terri Ann Palumbo Cc: Janet Pentz; Missy Stiadle; Charlotte Lombard Subject: PULLED AGENDA ITEM - VI-D Importance: High The following item has been pulled from the 10/0`09 Agenda. Thank you VI-D. ADMINISTRATION PULLED PRIOR TO MEETING - Tourist Development Council Capital Grants Program 2009 - 2010 Consider staff recommendation to approve Tourist Development Council Capital Grants Program 2009 - 2010 implementation and application, per the attached memorandum. Missy Stiadle Executive Assistant to the County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 , (772) 462-1156 (772) 462-2131 stiadlem(~stlucieco.org i ITEM NO. VI-D , . , _ ~ DATE: 10/06/09 ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Charlotte Lombard SUBMITTED BY: Administration/Tourism Tourism Development Manager SUBJECT: Tourist Development Council Capital Grants Program 2009 - 2010 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 362-5210-581000-500 PREVIOUS ACTION: N/A RECOMMENDATION: Board approval Tourist Development Council Capital Grants Program 2009 - 2010 implementation and application, per the attached memorandum. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED _ ( ) OTHER PULLED PRIOR TO W. Outlaw, MPA MEETING. County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst Daniel McIntyre Marie Gouin Patty Marston Originating Dept. ( ) ERD ( ) (Name) (Name) Administration/Tourism ~ ~ ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Faye Outlaw, County Administrator FROM: Charlotte Lombarc~~~ , Tourism (,.J" DATE: October 6, 2009 SUBJECT: Tourist Development Council Capital Grants Program 2009 - 2010 ITEM NO. VI-D Background: In 2003, the Board of County Commissioners approved an additional 1% (5th cent) tourist development tax. Thirty-three percent (33%) of the 5th cent tax is allocated for the expansion, renovation or construction of capital facilities located in the St. Lucie Fairgrounds and the area north of Midway Road within St. Lucie County as set forth in County Ordinance 1-19.3-31(j). To date the fund has accumulated approximately $502,000. On Wednesday, August 12, 2009, the Tourist Development Council (TDC) approved the implementation of a capital grants program. The capital grants program structure is outlined as follows: • Project Eligibility Requirements: Legal requirements as set forth in Florida Statute 125.0104 and County Ordinance 1-19.3-31(j) • Funding: The applicant must provide documentation to substantiate a 10% down payment of the requested grant amount at the time of application and submit additional documentation to substantiate matching funds of at least 50% of the requested grant amount within six (6) months of grant contract. • Criteria for Evaluation: Applicants are evaluated on three (3) general criteria and assigned points on a scale as indicated on the application. The three criteria categories include: ¦ Scope of work and project readiness ¦ Organization and Programs ¦ Project Impact on Tourism Recommendation Board approval of the Tourist Development Council Capital Grants Program 2009 - 2010 implementation and application. ST. LUCIE COUNTY TOURIST DEVELOPMENT COUNCIL CAPITAL GRANT PROGRAM APPLICATION 1. Name of Applicant Organization: 2. Street/P.O. Box: 3. City: State: Zip Code: 4. Contact Person: E-mail: 5. Title: Phone: 6. Project Title and Brief Description of Project: 7. Area of Project Impact: 8. Describe the Method by which the TDC will be Acknowledged: 9. Estimated Project Start of Construction and End Dates: 10. List any other grants received (date, type, amount): 11. If the full amount requested cannot be awarded, can the program be restructured to accommodate a smaller award? Yes No 12. Amount of TDC funds requested: Amount of organization match: Total project (a + b): 13. Signature of Organization's Chief Official Date Typed/Printed Org. Official GRANT APPLICATION: GRANT SUMMARY SHEET 1. List each line item in the proposed grant project and very briefly describe. 2. List the total cost for each line item, the applicant portion of the cost and the TDC funds requested for each line item where applicable. Line Item and Total Applicant TDC Brief Description Cost Match Match GRANT APPLICATION: PROPOSAL SUMMARY, HISTORY OF ORGANIZATION Proposal Summary: Give a brief overview of what is planned -goals and objectives. History of Organization: GRANT APPLICATION Once received, submittals will be reviewed and ranked by the TDC based upon objective criteria. It is anticipated that the TDC will recommend a short list of applicants to the Board and upon approval, conduct interviews with the shortlisted applicants to establish a final ranking recommendation for authorization to enter into contracts with one or more of the top ranked applicants. The County reserves the right to reject any and all proposals and to select any firm which, in its sole judgment, it believes is the best qualified to perform the work required. The County also reserves the right to award higher or lower percentage of funds than requested by applicants. 1. SCOPE OF WORK: 20 Points a. Project description b. Overall context, if this request is part of a larger project, please describe the larger project and how this component is integrated c. Types of, and justification for facilities involved in plan d. Documented need for expansion, renovation or construction e. Describe how requested funds will enable completion of proposed project f. Budget for project -please provide a basic budget breakdown for the project, including matching funds g. Any in-kind services for the project-provide documentation using the In-Kind Time/Services Contributions form h. Project schedule 1) Completed preliminary drawings (i.e. architectural design, engineering plans) 3) Status of construction documents 4) Schedule for obtaining necessary permits 5) Timetable for project completion 2. ORGANIZATION AND PROGRAMS: 20 Points a. Employment of professional staff for the provision of programming and services b. Demonstration of effective record administration with other grants (if applicable) c. Demonstration of sustained fiscal stability d. Proven ability to successfully execute/complete related projects e. Clear plan of the means by which the facility will be maintained and operated after completion. Provide (1) description of who will operate and maintain the facility (2) the anticipated first full year of operating and maintenance costs, (3) the operations plan and hours of operation to the public and (3) source for these funds. f. Provide documentation of how this organization has impacted tourism in the past (if applicable). i 3. PROJECT IMPACT: 60 Points a) Clear definition of how the project will contribute to new or improved tourism programming and services in the area it will serve. 1. Demonstrates opportunities for tourism development 2. Has multi-county or state impact 3. Has national or international impact 4. Has high visibility b) Demonstrate how the project will appeal to St. Lucie County's key tourism segments or create a new one (uniqueness) c) Relationship to tourism -please include a detailed description of how this project relates to the development of St. Lucie County as a tourism destination d) Method to track out-of-county attendance and room nights generated e) Provide an estimated annual economic impact to the county for events and/or other activities held at the facility ~ - Y _ ITEM NO. VI - E S - ~ DATE: 10/06/2009 • ~ AGENDA REQUEST REGULAR ~ ~ PUBLIC HEARING LEG. ~ ~ QUASI-JD ~ ~ CONSENT ( ~ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Public Works -Administration Donald B. West ~ e~ Public Works Directo~ 4?~ SUBJECT: Contract extensions with Taylor Engineering 8 Dredging and Marine Consultants. BACKGROUND: See attached memorandum. FUNDS AVAILABLE• 140306-4315-563005-46502 -Port Development PREVIOUS ACTION: See attached memorandum. RECOMMENDATION• Board approval of the fourth extension to contract C04-12-563 with Dredging and Marine Consultants, LLC., and contract C04-07-658 with Taylor Engineering, Inc. extending the contract through December 31, 2009, and authorization for the Chair to sign the documents as prepared by the County Attorney's office. COMMISSION ACTION• CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER _ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) ~ OMB Director (X) r`-' Budget Analyst ~ Dan McIntyre Marie Gouin ~a . Originating Dept. (X) ~ - ERD ( ) Dona d B. West Public Works Administration S - ~ _ • _ MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director P DATE: October 6, 2009 SUBJECT: Contract extensions with Taylor Engineering 8~ Dredging and Marine Consultants. ITEM NO. VI-E Background: On July 13, 2004, the Board awarded RFP #04-047 -Professional Engineering Services for Dredging Project to Dredging and Marine Consultants, Inc. and Taylor Engineering Inc. The initial contract expired on July 12, 2006 and was subsequently extended. Staff is currently working on Phase 2 of Taylor Creek with Dredging and Marine Consultants, Inc., and 2"d Street Improvements with Taylor Engineering. It is necessary for continuity/cost purposes to be able to continue utilizing the same consultants through the completion of the projects. Staff is now requesting a three (3) month extension to allow for completion of all projects assigned to both consultants extending the contract through December 31, 2009. Previous Action May 23, 2006 -Board of County Commissioners approved the first extension to contract C04-12- 563 (Dredging and Marine Consultants, LLC.) and C04-07-658 (Taylor Engineering, Inc). July 15, 2008 -Board of County Commissioners approved the second extension to contract C04- 12-563 (Dredging and Marine Consultants, LLC.) and C04-07-658 (Taylor Engineering, Inc). March 10, 2008 -Board of County Commissioners approved the third extension to contract C04- 12-563 (Dredging and Marine Consultants, LLC.) and C04-07-658 (Taylor Engineering, Inc). Recommendation Board approval of the fourth extension to contract C-04-07-563 Dredging and Marine Consultants LLC., and contract C04-07-658 with Taylor Engineering, Inc., extending the contract through December 31, 2009, and authorization for the Chair to sign the documents as prepared by the County Attorney's office. r 1 C04-12-563 FOURTH EXTENSION OF JULY 13, 2004 AGRE47VIENT BETWEBd ST. LUCIE COUNTY AND DREDGING 8 MARINE CONSULTANTS, LLC THIS FOURTH EXTENSION, is made and entered into this day of 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and DREDGING 8 MARINE CONSULTANTS, LLC (the "Engineer" WHEREAS, on July 13, 2004, the County and the Engineer entered into an Agreement (the "Agreement") whereby the Engineer agreed to provide professional Engineering services on a continuing basis related to Dredging/Disposal Site Design; and WHEREAS, on May 23, 2006, the parties executed the first extension to the contract extending the term through July 12, 2007; and, WHEREAS, on July 15, 2008, the parties executed fhe second extension to the contract extending the term through March 31 , 2009; and, WHEREAS, on March 10, 2009 the parties executed the third extension to the contract extending the term through September 30, 2009; and, WHEREAS, the county intends to further extend the term of the contract. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, the term of the Agreement is hereby extended through and including December 31 , 2009 on the same terms and conditions including but not limited to the Engineer's fees. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN 1 C04-12-563 APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY s WITNESSES: DREDGING & i4 CONSULTANTS, LLC Print Name: St-lA1 l.rG S t^B ~ ~ ~ r / ~ ~ Title: ~ 6 2 C04-07-658 FOURTH EXTENSION OF JULY 13, 2004 AGREEME)VT BETWEEN ST. LUCIE COUNTY AND TAYLOR ENGINEERING, INC. THIS FOURTH EXTENSION, is made and entered into this day of 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County")and TAYLOR ENGINEERING, INC. (the "Engineer" WHEREAS, on July 13, 2004, the County and the Engineer entered into an Agreement (the "Agreement") whereby the Engineer agreed to provide professional Engineering services on a continuing basis related to Dredgingr"uisposal Site uesign; and WHEREAS, on May 23, 2006 the parties executed the first extension to the contract extending the term through July 12, 2007; and, WHEREAS, on July 15, 2008 the parties executed the second extension to the contract extending the term through March 31 , 2009; and, WHEREAS, on March 10, 2009 the parties executed the third extension to the contract extending the term through September 30, 2009; and, WHEREAS, the county intends to further extend the term of the contract. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, the term of the Agreement is hereby extended through and including December 31 , 2009 on the same terms and conditions including but not limited to the rngineer's fees. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN 1 t C04-07-658 APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: _ TAYLOR GINEERIN ; I ' ~ _ ~ Print Name: u f 5/ P ~~r d Title: ~ ~ C' ~ ~~rP ~'d f ti?r 2 ITEM NO. VI-F r-,.; ~ W - DATE: 10/06/09 • . . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) INVESTMENT FOR THE FUTURE LEG. ( ) QUASI-JD ( ) CONSENT (x) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Don McLam SUBMITTED BY: Central Services Assistant Director SUBJECT: Bid waiver and sole source determination -Siemens Building Technologies. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-1931-546200-15007 Maintenance Projects-Central Services (pending BOCC approval) PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of bid waiver and sole source determination for Siemens Building Technologies to install the APOGEE energy management system at the St. Lucie County Health Department, located on Avenue C, at a cost of $128,655, reallocate Investment for the Future funds in the amount of $30,000, and authorize the Chair to sign the documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney (x) 111' OMB Director (x ) Budget Analyst / i~~ Dan McIntyre ie Gouin Robert O'Sullivan Originating Dept. (x) Purchasing (x) R g r A. Shinn Desiree Cimino H \ AGENDA - 347 _ , =~~~`~~11 Central Services i ~ ~ ~ ~ ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Roger A. Shinn, Director FROM: Don McLam, Assistant Director Central Services DATE: October 6, 2009 SUBJECT: Bid waiver and sole source determination -Siemens Building Technologies ITEM NO. VI-F Background: At present, there are 14 facilities throughout the County with the APOGEE System 600 automated temperature control installed by Siemens Building Technologies. APOGEE is an energy management system and the HVAC systems in these 14 facilities are all centrally monitored and controlled through the APOGEE server by the A/C Division of Central Services with great success. The APOGEE system also includes client laptops that allow access to the server from anywhere in the County. The St. Lucie County Health Department, located on Avenue C, is not on the APOGEE system. The temperature control system originally installed at this location is antiquated and to the point that replacement is necessary. To maintain consistency throughout County facilities, staff is asking to expand the APOGEE system to include the Health Department. Per the St. Lucie County Purchasing Manuel, paragraph 5.5, Bid Waiver, staff is requesting a bid waiver and sole source determination for Siemens Building Technologies to install the APOGEE System at the Health Department at a cost of $128,655, as shown in the attached memorandum (Exhibit A) and Attachment 1. Benefits realized by installing the APOGEE program at this location is that there is no need to purchase new hardware and software equipment for an entirely new temperature control system, which will save costs. With the APOGEE system the building can be put on a temperature control schedule for efficiency. Advantages of a County wide energy management system (also known as automatic temperature control systems) are improved operational efficiency and productivity, enhanced comfort and safety, and operational and energy savings. Siemens of Martin County provides and installs these systems. For service, repair, upgrades and expansion of the APOGEE systems, APOGEE is only sold and supported through factory-owned offices of Siemens. No other third-party companies or distributors are authorized to service or install the APOGEE system. r Additional funding is needed for this project and FY 08-09 Investment for the Future (IFF) funds in the amount of $30,000 are available from the Administration Annex maintenance projects. Reallocation of IFF funds in the amount of $30,000 added to the project budget of $100,000 brings the project total to $130,000; this amount includes $1,345 for permit fees associated with the project. Recommendation: Board approval of bid waiver and sole source determination for Siemens Building Technologies to install the APOGEE energy management system at the St. Lucie County Health Department, located on Avenue C, at a cost of $128,655, reallocate Investment for the Future funds in the amount of $30,000, and authorize the Chair to sign the documents as approved by the County Attorney. E~~itBtT A MEMORANDUM • ~ _~ru: DEPARTMENT OF CENTRAL SERVICES TO: Marie Gouin, Management & Budget Director FROM: Roger A. Shinn, Direct~~ DATE: September 11, 2009 SUBJECT: Bid waiver and sole source declaration to Siemens Building Technologies Per the St. Lucie County Purchasing Manuel, paragraph 5.5, Bid Waiver, staff is requesting a bid waiver and sole source declaration to Siemens Building Technologies (SBT) for the installation of the APOGEE energy management system at the St. Lucie County Health Department, located on Avenue C, at a cost of $128,655. The temperature control system originally installed at this location is antiquated and is at the point that replacement is necessary. At present, there are 14 SBT APOGEE System 600 automated temperature control instaKlations by SBT throughout the County. Administration Complex Rock Road Jail Courthouse Complex Main Library Public Defender Sheriff's Office South County Annex State Attorney Milner Health Department Walton Road Annex Old E.O.C Bldg. Mets Stadium New E.O.C Special Needs Shelter APOGEE is an energy management system and the HVAC systems in these facilities are all centrally monitored and controlled through the APOGEE server by the A/C Division of Central Services with great success. APOGEE is only sold and supported through factor- owned offices of Siemens Building Technologies. No other third-party companies or distributors are authorized to service or install the APOGEE systems. (Attachment 1). To maintain consistency throughout County facilities, staff is asking to expand the APOGEE system to include the Health Department. Benefits realized by installing the ~Gi~9 APOGEE program at this location is that there is no need to purchase new hardware and . software equipment for an entirely new temperature control system, which will save costs. With the APOGEE system the building can be put on a temperature control schedule for efficiency. Also available, is a technical support program (TSP) in place through a contract with SBT. This TSP provides a discount on parts and labor, emergency response time and provides software upgrades for the APOGEE system. SBT has worked with St. Lucie County using the System 600 EMS for over 16 years and we feel it would benefit St. Lucie County to continue our partnership with them. APPROVED BY: j~=f ~ Marie Gouin Faye W. Outlaw, MPA Management & Budget/Purchasing County Administrator Director ATTACHMENT 1 SIEMENS Building Technologies April 16, 2009 St. Lucie County Government SUBJECT: County-Wide Energy Management System To Whom It May Concern: Over the past several years, the St. Lucie County Government has seen tremendous growth in the construction of new facilities and the renovation expansion of existing facilities. As part of this growth and renovation process, the County has made investments in energy management systems in the major county facilities. Through the normal construction delivery process, the Palm City office of Siemens Building Technologies, Inc. (SBT) has been selected to provide and install these energy management systems (also known as automatic temperature control systems). Siemens Building Technologies is a world-wide leading provider of building control solutions, making buildings more comfortable, safe, productive, and less costly to operate. Presently, there are Fourteen (14) SBT APOGEE System 600 automated temperature control installations throughout the County. The installations (facilities) are listed below: • Administration Complex • County Correction • Courthouse Complex • Main Library • Public Defender • Sheriff s Office • South Annex • State Attorney • New Public Health • Walton Road Annex • 911 EOC • Mets Stadium • New EOC • Special Needs Shelter The HVAC systems in these facilities are all centrally by the APOGEE Server (Personal Computer Workstation) at the Central Services Maintenance Office. The APOGEE Server is simultaneously connected to all fourteen (14) facilities using the County's Ethernet backbone. The APOGEE system also includes Client Laptops that allow access to the Server from anywhere in the County. Some of the main benefits of the County-wide energy management system include the following: - Improved Operational Efficiency and Productivity • Graphical depictions of all HVAC systems with real time performance data • Ability to remotely troubleshoot mechanical equipment problems • Remote access into the systems from anywhere in the County via Laptops • Familiarity of County personnel with system (already trained) - Enhanced Comfort and Safety • Operators can quickly change room setpoints to match occupant comfort • Alarm notification for off-normal conditions and paging for critical alarms • 24 hour emergency support from local SBT office Siemens Building Technologies, Inc. 2969 SW 42nd Ave. Phone (772) 419-2800 Palm City, Florida 34990 Fax (772) 223-7130 www.sbt.siemens.com 51 EM ENS Building Technologies - Operational and Energy Savings • Operator scheduling of HVAC equipment to meet occupancy demands • Automatic adjustments of systems to changing load conditions • Proven reliability of control components (very few required repairs) • Unmatched support for backwards and forwards technology compatibility In regards to the service, repair, upgrades, and expansion of the County-wide APOGEE systems, APOGEE is only sold and supported through factory-owned offices of Siemens Building Technologies. No other third-party companies or distributors are authorized to service or install the APOGEE systems. There are approximately 120 Siemens Building Technologies factory-owned offices in the U.S., with the Palm City office in northern Martin County specifically assigned to serve the St. Lucie County Government. Siemens has thirty-five local, factory-trained employees always ready to support the County's efforts. We value. St. Lucie County Government's business, and look forward to continuing our partnership. Thank you. Respectfully, SIEMENS BUILDING TECHNOLOGIES, INC. 3 raa,~y ~yr~ Bradley L. Ayres -Account Executive Siemens Building Technologies, Inc. 2969 SW 42nd Ave. Phone (772) 419-2800 Palm City, Florida 34990 Fax (772) 223-7130 vaww. sbt. sie men s. com 3 ~ ~S~ SIEMENS Proposal No.: 296-N -8366-1 St. Lucie County Government Attn. Bob Ettswold Date: August 28, 2009 Limiting Date: September 28, 2009 Project: County Health Department (Avenue C in Fort Pierce) Energy Management System Architect: N/A Engineer: N!A Proposal: Siemens Building Technologies, Inc. (SBT), proposes to furnish an expansion of the existing County-wide energy management system with a new APOGEE direct digital control (DDC) system for the County Health Department located on Avenue C in Fort Pierce. The new system points will be mapped to the existing APOGEE Server at the Central Services Maintenance Office. Installation shall be performed after 5:00 pm on weekdays and on Saturdays. See attached scope of work for details. Total Price: $ 128,655 One hundred twenty-eight thousand six hundred fifty-five DOLLARS Remarks: 1. This proposal ®does ?does not include low voltage control wiring. 2. This proposal ?does ®does not include repairs to existing mechanical or electrical systems. 3. The following addendums are included in this proposal: N/A 4. Other exclusions and differences: See scope of work. The Terms and Conditions of Sale shown on the attached are a part hereof Proposal Accepted: Proposal Submitted: Siemens Building Technologies, Inc. is authorized to Siemens Building Technologies, Inc., proceed with the work as proposed. Building Automation Purchaser Seller Palm City Branch 296 a.,,.a.,~.„a~ a~. Bradley L Ayres By By Brad Ayres Title Title Account Executive Date Date August 28, 2009 This proposal is valid until September 28, 2009 SIEMENS St. Lucie County Government County Health Department - Avenue C in Fort Pierce SCOPE OF WORK August 28, 2009 Siemens Building Technologies, Inc. (SBT), proposes to furnish an expansion of the existing County-wide energy management system with a new APOGEE direct digital control (DDC) system for the County Health Department located on Avenue C in Fort Pierce. The new system points will be mapped to the existing APOGEE Server at the Central Services Maintenance office. See scope of work below for details. Included: • Three (3) AHUs: AC-1, AC-2, and AC-3 - PXC Controllers - Duct Temperature Sensors - Duct Static Pressure Sensors - Space Humidity Sensors -Qty 3 (one per AHU) - High Static Limit Switches - Current Switches for Fan Run Status - Outside Air Temperature and Humidity Sensor (global) • Twenty-four (24) VAV Boxes - New VAV Boxes with Reheat for 1 S' and 2nd Floors - Terminal Equipment Controllers with Actuators (TEC) - Supply Air Temperature Sensors - Room Thermostats • Four (4) Exhaust Fans: EF 1, 2, 3, 6 - Control Relays • Installation: - Work in Occupied Spaces shall be performed after 5:00 pm on Weekdays and on Saturdays - Low Voltage Control Wiring -Technical Support Modem - Engineering and Submittals - VAV Box installation: Mounting, Ductwork Transitions, Electrical Reconnections -Programming (Sequence of Operations) - Start-up and Commissioning -System Graphics on Existing APOGEE Server at Central Services - As-builts - Four (4) Hours Training -One-Year Warranty Control Points: • AHUs (typical of 3 - AC-1, AC-2, and AC-3): Supply Fan VFD Integration, Fan Status (CT), Outside Air Control Damper, Return Air Temp, Cooling Stages Control (2), Supply Air Temp, High Static Limit Switch, Static Pressure, Space Humidity. • VAV Boxes with Electric Reheat (QTY 24): Damper Control, Airflow, Reheat, Space Thermostat, Supply Air Temp. • Exhaust Fans (Qty 4 - EFs 1, 2, 3, and 6): Start/Stop. • Misc Points: Outside Air Temp and Humidity.. Clarifications: • Plenum wire shall be used above ceilings; 'h" min size conduit in mechanical rooms • Existing Room Thermostat locations to be reused • Exhaust Fans 4, 5, and 7 run 24 hours and will not be controlled by EMS • VAV Box Min and Max CFM Values shall be obtained from Original Design Plans SIEMENS Variable Frequency Drives (VFDs): • Three (3) AHUs (AC-1, AC-2, AC-3) • Removal of Inlet Vanes • Removal of Disconnects and Starters • Reconnection of Existing Fire Alarm Shutdown Safeties • Electrical Installation • Three (3) SBT SED2 Drives: NEMA 1 Enclosure, 208V, Classic Manual (non-electronic) Bypass, Three-Contactor, Circuit Breaker Disconnect, 3% Line Reactor • FLN (P1) Protocol Integration to APOGEE EMS • Start-up • One-Year Warranty Not Included: • Controls for Split Systems • Test and Balance • Technical Support Phone Line and Wring • Performance or Payments Bonds • Ethernet Drop and Wiring • Upgrades to Meet Current Building Codes • Modifications to Fire Alarm System • Repairs to Existing Mechanical Equipment or Electrical Systems • Repairs to Outside Air Dampers • Permit Fees ~ . _ ITEM X10. VI-G ~ I - ~ ' - DATE: 10/6/09 ~ ~~ti N ~ AGENDA REQUEST REGULAR ~ - ~ ,-LLB . ' _ ( i PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin J;~ SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Request for Qualifications 09-060, Civil Engineering and Land Planning Services for the Treasure Coast Research Park BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: June 2, 2009 -Board approval to advertise request for qualifications RECOMMENDATION: Board approval to reject all responses, revise scope of services and re-advertise Request for Qualifications 09-060, Civil Engineering and Land Planning Services for the Treasure Coast Research Park COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ~ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures l~ OMB County Attorney (X) Budget Analyst (X ) Dan McIntyre Jennifer Hill Purchasing (X) Research and (X ) Education Park Desiree Cimino eyries Office of Management = _ & Budget/Purchasing ~ _ - ~ ~ ~ - ~ MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: October 6, 2009 SUBJECT: Request for Qualifications 09-060, Civil Engineering and Land Planning Services for the Treasure Coast Research Park ITEM NO. VI-G Background: On September 25, 2009, proposals for Request for Qualification 09-060, Civil Engineering and Land Planning Services for the Treasure Coast Research Park, were opened. Six submittals were received; 794 firms were notified and 124 documents were distributed. On September 25, 2009, after RFQ No. 09-060 closed, it was brought to the attention of the Purchasing Division that there was a conflict between the scope of services and the evaluation criteria. In the scope of services of RFQ No. 09-060, listed under minimum requirements, it stated the firm must maintain and continue an existing St. Lucie County office (headquarters or satellite) for over three years to demonstrate local knowledge and relationships. This requirement conflicts with the location evaluation criteria approved by the Board of County Commissioners and therefore should have been omitted from the scope of services. The evaluation criteria approved by the Board of County Commissioners awards points for location based on the following: LOCATION RATING Headquartered in St. Lucie County 20 Satellite Office in St. Lucie County 10 Office located in the tri-County Area 6 (Martin, Okeechobee & Indian River Count Office located outside of the tri County area 3 but in Florida Office located outside of Florida 0 Proposing firms can only receive a score from one of the above categories. The Purchasing Division will contact the six firms that submitted a proposal for RFQ No. 09-060 and give them the opportunity to pick up their proposals and resubmit them for the revised request for qualifications. Recommendation: Board approval to reject all responses, revise scope of services and re-advertise Request for Qualifications 09-060, Civil Engineering and Land Planning .Services for the Treasure Coast Research Park. i BOARD OF ~ - ~ - - PURCHASING COUNTY ~ ~ f-~ DEPARTMENT COMMISSIONERS ~ - -L;~ ~ ~ TABULATION SHEET - RFQ# 09-060 CIVIL ENGINEERING AND LAND PLANNING FOR THE TREASURE COAST RESERCH PARK OPENED: SEPTEMBER 25, 2009 AT 2:00 PM Six (6) Submittals were received for subject proposal: ALL SUBMISSIONS ARE UNDER REVIEW. A LETTER OF INTENT TO AWARD WILL BE FAXED TO ALL BIDDERS PRIOR TO AWARD. CAULFIELD & WHEELER INC. Contact: Jud T. D e Phone: 772-408-1920 Fax: 772-408-1925 Address: 410 S.E. Port St. Lucie Blvd., Port St. Lucie, FL 34984 IBI GROUP INC. Contact: Thomas F. Donahue Phone: 954-602-0504 Fax: 954-341-5961 Address: 100 South Olive Ave., West Palm Beach, FL 33401 KIMLEY-HORN AND ASSOCIATES INC. Contact: Brain Good Phone: 772-345-3800 Fax: 772-286-0138 Address: 10521 S. W. Villa e Center Drive, Suite 103, Port St. Lucie, FL 34987 LAND DESIGN SOUTH OF FLORIDA Contact: Bradle J. Currie Phone: 772-871-7778 Fax: 772-871-9992 Address: 1100 St. Lucie West Blvd., Suite202,Port St. Lucie, FI 34986 MILESTONE CONSTRUCTION GROUP LLC Contact: Vernon T. Hackett Phone: 772-359-8673 Fax: 772-807-8969 Address: 1391 NW Port St. Lucie Blvd., Suite 300, Port St. Lucie, FL 34986 RUDD JONES P.E. & ASSOCIATES Contact: Rudd Jones Phone: 772-336-2933 Fax: 772-336-2940 Address: 7448 S. Federal Hi hwa ,Port St. Lucie, FL34952 NUMBER OF COMPANIES NOTIFIED*: 724 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 124 NUMBER OF BIDS RECEIVED: 6 * -Per demandstar.com CHRIS DZADOVSKY, District No.1 ~ DOUG COWARD, District No. 2 ~ PAULA A. LEW IS, District No. 3 ~ CHARLES GRANDE, District No. 4 ~ CHRIS CRAFT, District No. 5 County Administrator- Faye W. Outlaw, MPA 2300 Virginia Avenue -Fort Pierce, FL 34982-5652 -Phone (772) 462-1700 - TDD (772) 462-1428 Website: www.co.st-lucie.fl.us t ITEM NO. V!-G2 ~ ~ ~ - ~ DATE: 10/06/09 • • , AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI~ID ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: / f , Marie M. Gouin ~~11~V/~ SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Supervisor of Elections Advance Request BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-8191-599080-800 Supervisor of Elections PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners authorize approval of the Supervisor of Elections request for 25 percent ($655,355.75) of the total FY10 budget and thereafter, 6.82 percent per month. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Sictnatures 1_ ~ OMB County Attorney (X) Budget Analyst (X) ,CYC~Y~- Dan McIntyre Sdphia Holt Other ( ) Other ( ) (Name) (Name) Office of Management j & Budget/Purchasing i + ~ MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: September 30, 2009 SUBJECT: Supervisor of Elections Advance Request ITEM NO. VI-G2 Background: As provided by Section 129.202, Florida Statutes, the Supervisor of Elections has requested an advance in the amount of $655,355.75 (see attached letter from Supervisor of Elections). Per the statutes, "the Supervisor of Elections shall requisition and the board shall pay that officer, at the first meeting in October of each year, 25 percent of the total amount budgeted for the office and, thereafter on the first of each month, 6.82 percent of the total amount budgeted for the office". Recommendation: Staff recommends the Board of County Commissioners authorize approval of the Supervisor of Elections request for 25 percent ($655,355.75) of the total FY10 budget and thereafter, 6.82 percent per month. ~t~ GF S,; <G E'L~'ZUCLE ~~a~~Ez Supervisor of Elections `TG~`= St. Lucie County ~s~R of E~'~ 4132 Okeechobee Road • Fort Pierce, FL 34947-5412 • (772) 462-1500 • Fax (772) 462-1439 TO: SHARON BOUTON ASSISTANT F NCE DIRECTOR t FROM: GERTR KER, CFS SUPERV S F ELECTIONS DATE: SEPTEMBER 11, 2009 SUBJECT: BUDGET ALLOCATION As in previous years, I am, at this time, requesting 25 percent ($655,355.75) of the total (2009 - 20010) budget amount for the Supervisor of Elections office. I am requesting, on the fast of each month, the remaining to be prorated, and paid. Thank you, and if you have any questions or require any additional information please do hesitate to contact me. I am requesting the 25 percent to be within the first month's (October) operating monies from the Board. 1 250 N.W. Country Club Drive Port St. Lucie, Florida 34986 (772) 871-5410 Fax (772) 871-5323 1664 S.E. Waiton Road Port St. Lucie, Florida 34952 (772) 337-5623 Fax (772) 337-5626 www.slcelections.com • e-mail: elections~slcelections.com ~ ITEM NO. VI-G3 ~ ~ DATE: 10/06/09 • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASIti1D ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Tax Collector Advance Request BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Various Funds PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the Tax Collector's request for an October commission advance in the amount of $675,000. COMMISSION ACTION: CONCURRENCE: ~ APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB County Attorney (X) Budget Analyst (X) ' ,1 Dan McIntyre J ophia Holt Other ( ) Other ( ) (Name) (Name) Office of Management ~j "~i & Budget/Purchasing • • ~ MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: September 30, 2009 SUBJECT: Tax Collector Advance Request ITEM NO. VI-G3 Background: As provided by Section 192.102, Florida Statutes, the Tax Collector has requested an advance in the amount of $675,000 (see attached letter from the Tax Collector). Recommendation: Staff recommends the Board of County Commissioners approve the Tax Collector's request for an October commission advance in the amount of $675,000. Bob Davis, CPA, CGFO, CFC St. Lucie County Tax Collector P.O. Box 308 Fort Pierce, Florida 34954-0308 Website: www.tcslc.com Email: taxcollector@stlucieco.gov FORT PIERCE PORT ST. LUCIE County Administration Bldg. ~ GOLLE~.~ 1664 SE Walton Road 2300 Virginia Avenue Q. O Suite lOl Fort Pierce, FL 34982-5632 F' ~ Port St. Lucie, FL 34952-7656 (772) 462-1650 a (772) 337-5600 Fax (772) 462-2101 ~~O ~ Fax (772) 337-5624 CtE CO September 30, 2009 Shai Francis, Finance Director Clerk of the Circuit Court 2300 Virginia Avenue Fort Pierce, FL 34982 Re:Commission Advance of $67,000.00 Dear Shai: Please consider this letter a request for the October commission advance for my office as provided by Section 192.102, Florida Statutes. The amount I am requesting is $675,000.00. The advance is based on a portion of the commission on the county taxes levied and occupational licenses collected for the prior year in accordance with the referenced statues above. I would appreciate if the advance could be delivered to my office on or before October 7, 2009. Sincerely, Bob Davis, CPA, CGFO, CFC St Lucie County Tax Collector BD/cl REAL ESTATE AND PERSONAL PROPERTY TAXES MOTOR VEHICLES, VESSELS & MOBILE HOMES ALARM PER;v1ITS HUNTING, FISHING & TRAPPING LICENSES LOCAL BUSINESS TAX RECEIPTS TOURIST DEVELOPMENT TAX " " AGENDA REQUEST ITEM NO. VII-~ DATE: October 6, 2009 ~ ~ 1 REGULAR [ ] ' ' - PUBLIC HEARING [ x] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Ordinance No. 09-025 -Amending Section 11.05.11(A)(2) of the Land Development Code - Requirement for Permit; Exemptions BACKGROUND: See CA No. 09-1188 PREVIOUS ACTION: Permission to advertise was granted by Board of County Commissioners on July 7, 2009. The revision was heard by the Planning and Zoning Commission on August 20, 2009 and approved 5-1. A copy of the minutes are attached. The first public hearing was heard on September 15, 2009. RECOMMENDATION CONCLUSION: Staff recommends that the Board adopt the attached Ordinance No. 09-025 as drafted and authorize the Chair to sign. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER : Motion to approve as amended additional language of putting in Fa~Ak Outlaw, MPA Approved 5-0 offsite removable in place of excavation in sub section At of pg 2. COU my Ad m I n IStrator Review and Approvals [X] County Attorney: [ ]Management & Budget: [ ]Purchasing: Daniel S. McIntyre [ ]Road & Bridge.: [ )Parks & Recreation Director [ ]Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) 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: 09-1188 DATE: September 17, 2009 SUBJECT: Ordinance No. 09-025 -Amending Section 11.05.11(A)(2)ofthe Land Development Code -Requirement for Permit; Exemptions BACKGROUND: Attached to this memorandum is a copy of draft Ordinance No. 09-025,which, if adopted, would revise the guidelinesfor removal of earth in excess of one hundred (100) cubic yards. This Ordinance was heard by the Planning & Zoning Commission (the'~P&Z") on July 7, 2009. It was the recommendation of the P&Z that the Board of County Commissioners (the 'Board") approve the proposed ordinance. However, there was discussion as to whether the amount of one hundred (100) cubic yards should be increased. The primary purpose of this ordinance is to ensure that there will be a public hearing before the Board, with the Board having the ability to limit the effects of the removal of earth on the adjacent properties. Ordinance No. 09-025 will accomplish the following: 1. Require a mining permit for removal of any earth in excess of one hundred (100) cubic yards. 2. Provide exemptions to the mining permit requirement. 3. Require a public hearing and action before the Board for all off-site removal of material in excess of one hundred (100) cubic yards. RECOMMENDATION/CONCLUSION: Staff recommends adopting Ordinance No. 09-025 as drafted and authorize the Board to sign. Respectfully submitted ' / _ Katherine MaclFenze-Smith Assistant County Attorney KMS/cn Attachment ti ORDINANCE N0. 09-025 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO REVISE SECTION 11.05.11(A)(2) "REQUIREMENT FOR PERMIT; EXEMPTIONS"; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR CODIFICATION AND PROVIDING AN EFFECTIVE DATE WHEREAS, WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 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 99-05 July 20, 1999 99-015 July 02, 1999 , 99-16 September 7, 1999 99-018 November 2, 1999 00-10 June 13, 2000 00-011 June 13, 2000 00-12 June 13, 2000 00-013 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 05-07 January 18, 2005 05-013 November 8, 2005 05-16 August 16, 2006 05-023 September 20, 2005 06-17 May 30, 2006 06-018 May 30, 2006 06-030 September 12, 2006 06-047 December 5, 2006 Underlined passages are added. -1- ~#rne~#grec~gk passages are deleted. 07-011 February 6, 2007 07-015 May 1, 2007 07-032 November 6, 2007 07-041 September 4, 2007 07-055 November 20, 2007 08-004 March 11, 2008 08-008 June 17, 2008 08-012 September 9, 2008 08-025 September 16, 2008 09-003 January 20, 2009 09-013 May 19, 2009 3. On August 20, 2009, 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. On August 20, 2009, the Local Planning Agency/Planning and Zoning Commission voted to recommend that the Board of County Commissioners approve the proposed ordinance. 4. On ,this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on , 2009 5. On ,this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on , 2009. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Chapter XI "ADMINISTRATION AND ENFORCEMENT" is hereby amended to read as follows: 11.00.00 ADMINISTRATION AND ENFORCEMENT Sections 11.00.01 through Section 11.05.10 remain unchanged. Section 11.05.11 MINING PERMITS is hereby amended to read as follows: 11.05.11. Mining Permits. A. Requirement for Permit; Exemptions 1. Except as provided in this Section, no mining or excavation operation shall be conducted in the unincorporated areas of St. Lucie County without a permit from the Board of County Commissioners. As used in this Section, the terms "mining" and "excavation operation" include any operation that entails the excavation er~ei~?ev~of earth in excess of one hundred (100) cubic yards_ , Underlined passages are added. -2- ~engl~ passages are deleted. s 2. ~e~~-The following activities shall be exempt from the mining permit requirement provided that all applicable federal, state and local permits and/or authorizations have been obtained and the removal of the material remains on-site and is required to support development on-site: a. Removal of material for ~g installing utilities; or, b. Removal of material from a site for the construction or removal of any ~g foundations for any building or other structure_ er ~Per~i-t; or, c. Removal of material for digging g drainage or mosquito control ditches and canals by authorized units and agencies of government; or, d. Removal of material for digging Big drainage or mosquito control ditches and canals by private persons when construction is permitted by all authorizing agencies, if any, and when the excavated material is not removed from the involved tract of land; or, e. Removal of material for existing agricultural operations• or e:f. Removal of material ~~g for accessory uses of land, such as pa~leseptic tanks, graves, etc., that are designed to be filled and graded upon completion of excavation; or Removal of material f~i-rig for a swimming pool when construction is permitted by all authorizing agencies. h. Removal of material for development in which the material is being excavated to provide on-site stormwater management and/or on- site fill for elevating roads, houses, buildings sidewalks driveways, parking areas, or other features customarily associated with on-site development: however, the~roperty owner shall submit the following for the County Engineer's approval• Underlined passages are added. '3- ~e~gh passages are deleted. 1. A sketchplan indicating_the size, shape and location of the proposed excavation amount and disposition of excavated material. 2. Set back of 25 feet from any adjacent property line. 3. All off-site removal of material in excess of one hundred (100) cubic vards shall require a public hearing and action before the Board of County Commissioners in accordance with the provisions of Section 11.00.03, notice of public hearing. The public hearing held on the application for removal of materials in excess of 100 cubic vards shalt be in accordance with Section 11.00.04, hearing procedure. In reviewing the request for removal of material in excess of 100 cubic yards, the Board of County Commissioners shall consider the report of the Growth Management Director to determine whether the removal meets the standards in Section 11.07.03(8), standards for review of conditional use -Effects on Adjacent Properties. Action. Within a reasonable time of the conclusion of the public hearings the Board of County Commissioners shall approve, approve with conditions, or deny the application for removal of material in accordance with Section 11.00.04(E). The decision on the application shall be by resolution setting forth the findings of the Board of County Commissioners and any condition, limitation, or requirement of such decision Notice of Action. Notification of the Board of County Commissioners' decision shall be mailed to all parties, and the decision shall be filed with the Office of the Growth Management Director in accordance with Section 11.00.04(F), notification. Revocation of Permission to Removal Material. In addition to any other penalty and remedy for violation of this Code, it shall be a condition of every removal of material approval that such approval maybe revoked for: Violation of any condition imposed upon such approval, and Upon complaint and proof of adverse effect on adiacent properties. The permit may be revoked only after the Board of County Commissioners holds a public hearing in accordance with Section 11.00.04 unless the permittee consents to a revocation of the permit. If the permittee provides written consent to the revocation to the Growth Management Director, the Director shall revoke the permit and notify the Board of County Commissioners of the revocation. Underlined passages are added. '4' 3#rwek-#krengh passages are deleted. The remainder of Section 11.05.11 remains unchanged. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART D. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Paula A. Lewis XXX Vice Chair Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Underlined passages are added. _5_ ~ra~gk passages are deleted. PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word ordinance may be changed to section, article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts C through H shall not be codified. PASSED AND DULY ADOPTED this day of , 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Underlined passages are added. '6' ~k passages are deleted. t~-,~ i - _ ~ AGENDA REQUEST ITEM NO. VII-B --Y~- - - - _ _ ~ ; ~ _ - Date: October 6, 2009 Regular [ ] Public Hearing [X] Consent [ ] TO. BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTE BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: dinance No. 09-028 -Establishing Airport West Commerce Park Leasing Standards and Procec!u~~~s BACKGROI ~E'~1D: See C.A. No. 09-1248 FUNDS A~:/_=?_~_L.(S `ate type & No. of transaction or N/A): N/A RECOMM,EP ~[:?ATON: Staff recommends the Board of County Commissioners approve proposed Ordinance . 09-028 as drafted. COMMIS.L:''N :".`'~0~~{: CONCURRENCE: [?Q APPRO'.'.~=D f ~ DENIED [ ] OTHER` Approved 5-0 Faye W. outlaw, M.P.A. County Administrator Coordination/Si nat res jj , Cr;nty Attcrn.~~; Y'~~ Mgt. & Budget: Purchasing: Dnn: h1cIntyre Marie Gouin C,r; J;~.~-ing n~^- Other : Other Dian~._:vi s ~ ,.a (~hee!< v oni:~ if aUpliccble): INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Qoard of County Commissioners FRO%,^: Heather Young, Assistant County Attorney C.A ~'•,~r~~: 09-1248 DAT;=. September 28, 2009 SU.L!:~~-CT: Ordinance No. 09-028 -Establishing Airport West Commerce Park Leasing Standards and Procedures Attached to this memorandum is a copy of proposed Ordinance No. 09-028 which woul.~i amend Chapter 1-16.2 (Public Property) of the Code of Ordinances and Compiled LnU;s ~o create Article II (Airport ~ West Commerce Park Leasing Standards and Pror_ec-~;res). Section 125.35, Florida Statutes, establishes the teasing requirements for coura, owned property. In addition to advertising for formal bids or proposals to lease prop:~r'-;-, Section 125.35(3) also authorizes a county to adopt alternative procedures subject to certain conditions. The proposed ordinance would permit the Board of County Cornrnissioners to waive the competitive bid or proposal requirement for the Airport West Corr,merce Park subject to public notice and the adoption of a resolution authorizing the waiv=~:~. Nance of the October 6, 2009 public hearing was published in the St. Lucie News Trib!+!,e on September 23, 2009. RECC';',} vtENDATION/CONCLUSION: staff recommends the Board of County Commissioners adopted proposed Ordinance No.:'-~~28 as drafted. Respectfully submitted, Heather Young Assistant County Attorney Attar; ~;~,en r H>' ~ n ORDINANCE NO. 09-028 AN ORDINANCE AMENDING CHAPTER 1-16-2 (PUBLIC PROPERTY), OF THE CODE OF ORDINANCES AND CORIPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, TO CREATE ARTICLE II (AIRPORT WEST COMMERCE PARK LEASI?`JG STANDARDS AND PROCEDURES) TO ESTABLISH STANDARDS AND PROCEDURES FOR LEASING PROPERTY IN THE AIRPORT WEST COMMERCE PARK PURSUANT TO SECTION 125.35, FLORIDA STATUTES (2008); CREATING SECTION 1-16.2-7 (PURPOSE); CREATING SECTION 1-16.2-8 (COMPETITION AND QUALIFICATION STANDARDS); CREATIt~!G SECTION 1-16.2-9 (BID/PROPOSAL WAIVER PROCEDURE); CREATING SECTION 1-16.2-10 (INFOR,1rlATION ON AVAILABLE COUNTY PROPERTY); CREA r Ii`JG SECTION 1-16.2-11 (NEGOTIATION PROCED~.!RES); CREATING SECTION 1-16.2-12 (CONSISTENCY WITH COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS); PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVE~ASILITY AND APPLICABILITY; PROVIDING FOR t=ILIs'~c WITH THE DEPARTMENT OF STATE; PROViDIfi~6 FOR AN EFFECTIVE DATE; ADOPTION; AND CODI~=zcATION WHEREAS, Sections 125.35(1) and 125.35(2), Florida Statutes, provide for the lease of County own-~d real property subject to certain advertising requirements; and, WHEREAS, Section 125.35(3), Florida Statutes (2008) authorizes a county to adopt ~~Iternative prc,~edures for the lease of county owned real property; and, °NHEREAS, tie County owns and operates the Airport West Commerce Park located at the St. L' ~cie Co! ~nty International Airport; and, `~VHE~E~~,S, t`~e County desires to adopt an alternative leasing procedure in order to pro~~~ide for a more efficient and expedient leasing procedure for the Airport West Commerce Par!; in accordance with the provisions of Section 125.35(3). ~~4~~ pnsscges are. '~eleted. Underlined passages are added. -1- NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART ~~:'tEt~iDNiENT OF CHAPTER 1-16.2 (PUBLIC PROPERTY) OF THE ST. `_UCi~ COUNTY CODE OF ORDINANCES AND COMPILED LAWS Chapter i-15.~ (?ublic Property) of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, is hereby amended by creating Article II (Airport West Commerce Park Leasing Standards and Procedures) to read as follows: ARTICLE II. AIRPORT WEST COMMERCE PARK LEASING STANDARDS AND PROCEDURES Section 1-?c.2-7 FU,^pOSZ. The purpose of de•~~elopina the Airport West Commerce Park is to generate revenue for the St. Lucie Co~~nty International Airport in accordance with Federal Aviation Administration and Florida Department of Transportation grant assurances y providing economic development opportunities for companies interested in locating in St. Lucie County. Section 1-1~.2-8 Competition and Qualification Standards. . In order to excar,d economic development at the Airport West Commerce Park the Board of County Commissioners may either (1) bid and award leases on a competitive sealed bid o~roposal basis; or, (2) determine to waive the process of obtaining competitive sealed bids or proposals and aGVard a lease to a company that is a targeted industry meeting the criteria set forth in Section 1-7.55-1(d)(1) or Section 1-7.55-1(d)(2) of the St. Lucie County Code of Ordinances that will, in the opinion of the Board, signif icantly enhance econatr,ic activity in St. Lucie Count Sectio=7 1-?=;.Z-9 iaid/Proposal Waiver Procedure. In t1}e event the Beard determines to consider waiving the competitive bid or proposal process, the Beard shall: Publish a notice in a newspaper of general circulation in St. Lucie County at least ten ( days before the Board's regular meeting at which the bid or proposal waiver will be :~er,siderec+. Tne notice shall identify the nature of the proposed bid or proposal waiv-,; shall identify the nature of the proposed bid or proposal waiver; and, shall ~~fw•-:~=<?=-e+~ ~as~~~?ges are deleted. Underlined passages are added. id~~,~irv the county office where copies of the draft resolution providing for the bid or pre~o~al wai~~er me~i be reviewed or obtained. The notice shall also provide the time and mcr•r~~•, for parsons making objections in writing or otherwise. Cor,sder the orodosed waiver ns a regular (non-consent) agenda item at a regulnrlx sch ~~:~~led ?ward meeting. Although the item is not a public hearing, interested members of cubic .~ay comment on the item during general public comment or at the time the item i7re~r-ed. Ade~~t a resolution specifying the basis for the competitive bid waiver in the event the >veard determines to grant the waiver. Se:u~-~ 1- = . ? - I O Information on Available County Property In; ~;:,~;,atier. ,~,,r ;?roperty that is available for lease at the Airport West Commerce Park ma~y~ le obtained from the County's Airport Director. Sec, i~~n 1- ~ `r . 2 -1 1 Negotiation Procedures. Th~~ ~:'ounty Ar_'ministrator or designee shall negotiate all leases at the Airport West Comrr;erce Park and shall develop appropriate negotiation procedures. Seo~ i :r6 1- i 2 - : = Consistency with Comprehensive Plan and Land Development Regulations. The _:~ase ;f ?rogerty in the Airport West Commerce Park must be consistent with the Cour;~v's Cerr~~rrehensive Plan and land development regulations. P~?:=' "j. ~C~JC~~Fi_ICTING PROVISIONS. 5p~:_iai acts of the Florida legislature applicable only to unincorporated areas of St '_~..~ie r'ou~t~,, and adopted prior to January 1, 1969, County ordinances and County resci~-ior~= nr ~ar-s thereof, in conflict with this ordinance are hereby superseded by this ~~~-dinar=c to t!;e extent of such conflict. P~'.~~r C. ._~VER~:BII.ITY AND APPLICABILITY. If ~artion of this ordinance is for any reason held or declared to be unco:-~titut~onai, inoperative, or void, such holding shall not affect the remaining portions ~*+=u. r;ass,-~;es c~ e deleted. Underlined passages are added. of `'~~:s ordnance. If this ordinance or any provision thereof shall be held to be inc~~~iicable to anv person, property, or circumstance, such holding shall not affect its apn':c ability ' -any other person, property, or circumstance. FA= Ii~~JG WITH THE DEPARTMENT OF STATE. The C'~~rk is hereby directed forthwith to send a certified copy of this ordinance to Burecu of .Administrative Code and Laws, Department of State, The Capitol, Tal!a~,~assee, ~iorina 32304. PA;~-~- cFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the C;_rk of t~~,e Board of County Commissioners of St. Lucie County within ten days after ena~it;~ent by the Board, and this ordinance shall take effect on the date of adoption. PAp:T F. ADOPTION. After motion and second, the vote on this ordinance was as follows: ~~hair Paula A. Lewis XXX `,%i :e Chair Charles Grande XXX -~o~r,;nissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Pt~~._ G. CC~D;FICATION Provisions cf this ordinance shall be incorporated in the Code of Ordinances of St. Luce: County; Florida, and the word "ordinance" may be changed to "section", "article", or et~~~~~ npproi,r iare word, and the sections of this ordinance may be renumbered or relett ;red tc accor~piish such intention; provided, however, that Parts B through G shall no i i. _ COdlf~ed. ~*~ar+--=;,=-~~i pas_-;_aes arc delered. Underlined passages are added. =ASS`D ~.i\!D DULY ADOPTED this day of , 2009. BOARD OF COUNTY COMMISSIONERS Ate" ~ i : ST. LUCIE COUNTY, FLORIDA BY i,epur• ~.I~rk Chnir APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney s:',: ;~'~ordinanr_cV'_G09\OG-028.doc Rear. ..09 p~seges are deleted. Underlined passages are added. -J- Copie_ to: County Administrator Airport Director "~'Ianogement and Budget Director ~vt s ~ ~ ~ ORDINANCE NO. 09-028 AN ORDINANCE AMENDING CHAPTER 1-16-2 (PUBLIC PROPERTY), OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, TO CREATE ARTICLE II (AIRPORT WEST COMMERCE PARK LEASING STANDARDS AND PROCEDURES) TO ESTABLISH STANDARDS AND PROCEDURES FOR LEASING PROPERTY IN THE AIRPORT WEST COMMERCE PARK PURSUANT TO SECTION 125.35, FLORIDA STATUTES (2008); CREATING SECTION 1-16.2-7 (PURPOSE); CREATING SECTION 1-16.2-8 (COMPETITION AND QUALIFICATION STANDARDS); CREATING SECTION 1-16.2-9 (BID/PROPOSAL WAIVER PROCEDURE); CREATING SECTION 1-16.2-10 (INFORMATION ON AVAILABLE COUNTY PROPERTY); CREATING SECTION 1-16.2-11 (NEGOTIATION PROCEDURES); CREATING SECTION 1-16.2 -12 (CONSISTENCY WITH COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS); PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; ADOPTION; AND CODIFICATION WHEREAS, Sections 125.35(1) and 125.35(2), Florida Statutes, provide for the lease of County owned real property subject to certain advertising requirements; and, WHEREAS, Section 125.35(3), Florida Statutes (2008) authorizes a county to adopt alternative procedures for the lease of county owned real property; and, WHEREAS, the County owns and operates the Airport West Commerce Park located at the St. Lucie County International Airport; and, WHEREAS, the County desires to adopt an alternative leasing procedure in order to provide for a more efficient and expedient leasing procedure for the Airport West Commerce Park in accordance with the provisions of Section 125.35(3). ~edgh passages are deleted. Underlined passages are added. -1- NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF CHAPTER 1-16.2 (PUBLIC PROPERTY) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS Chapter 1-16.2 (Public Property) of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, is hereby amended by creating Article II (Airport West Commerce Park Leasing Standards and Procedures) to read as follows: ARTICLE II. AIRPORT WEST COMMERCE PARK LEASING STANDARDS AND PROCEDURES Section 1-16.2-7 Purpose. The purpose of developing the Airport West Commerce Pnrk is to generate revenue for the St. Lucie Count International Air ort in accordance with Federal Aviation Administration and Florida Department of Transportation grant assurances by providing economic development opportunities for companies interested in locating in St. Lucie County Section 1-16.2-8 Competition and Qualification Standards. In order to expand economic development at the Airport West Commerce Park, the Board of County Commissioners may either (1) bid and award leases on a competitive sealed bid or proposal basis; or, (2) determine to waive the process of obtaining competitive sealed bids or proposals and award a lease to a company that is a targeted industry meeting the criteria set forth in Section 1-7.55-1(d)(1) or Section 1-7.55-1(d)(2) of the St. Lucie County Code of Ordinances that will, in the opinion of the Board, significantly enhance economic activity in St. Lucie Count Section 1-16.2-9 Bid/Proposal Waiver Procedure. In the event the Board determines to consider waiving the competitive bid or proposal process, the Board shall: ~ Publish a notice in a newspaper of general circulation in St. Lucie County at least ten (10) days before the Board's regular meeting at which the bid or proposal waiver will be considered. The notice shall identify the nature of the proposed bid or proposal waiver; ;and, shall S#wc-~#hre~h passages are deleted. Underlined passages are added. -2- identify the County office where copies of the draft resolution providing for the bid or proposal waiver may be reviewed or obtained. The notice shall also provide the time and manner for persons making objections in writing or otherwise. Consider the proposed waiver as n regular (non-consent) agenda item at a regularly scheduled Board meeting Although the item is not n public hearing, interested members of the public may comment on the item during_general public comment or nt the time the item is presented. ~ Adopt a resolution specifying the basis for the competitive bid waiver in the event the Board determines to grunt the waiver. Section 1-16.2-10 Information on Available County Property. Information on pr~erty_that is available for lease at the Airport West Commerce Park maY be obtained from the County's Airport Director. Section 1-16.2-11 Negotiation Procedures. The County Administrator or designee shall negotiate all leases nt the Airport West Commerce Pnrk and shall develop appropriate negotiation procedures. Section 1-16.2 -12 Consistency with Comprehensive Plnn and Lnnd Development Regulations. The lease of~roperty in the Airport West Commerce Park must be consistent with the County's Comprehensive Plan and land development regulations. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions ~eagk~ passages are deleted. Underlined passages are added. -3- of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send n certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within ten days after enactment by the Board, and this ordinance shall take effect on the date of adoption. PART F. ADOPTION. After motion and second, the vote on this ordinance was ns follows: Chair Paula A. Lewis XXX Vice Chair Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzndovsky XXX PART G. CODIFICATION Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. ~#~nc-IF##~+~eagh passages are deleted. Underlined passages are added. -4- PASSED AND DULY ADOPTED this day of , 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chnir APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney s:\atty\ordincnce\2009\09-028.doc Rev. 10.05.09 St~rdEk ~kreag~? passages are deleted. Underlined passages are ndded. -5- AGENDA REQUEST ITEM NO. V~' I I DATE: October 6, 2009 ~ _ • REGULAR [XXJ PUBLIC HEARING [J CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 09-292 Asking the Federal Government to Stop Discharging Pollutants and Excess Water into the St. Lucie River and Estuary System BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 09- 292 and authorize the Chair to sign the Resolution. COMMISSION ACTION: CONCURRENCE: [ ]APPROVED [ ]DENIED OTHER: ' No Action Taken Faye W. Outlaw, MPA Board directed staff to bring item County Administrator back to the next meeting. Keview and Approvals County Attorney: ~ ~ Management & Budget Purchasing: Daniel 5. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 ~ _ ~ _ _ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA • TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C. A. NO.: 09-1206 DATE: September 21, 2009 SUBJECT: Resolution No. 09-292 Asking the Federal Government to Stop Discharging Pollutants and Excess Water into the St. Lucie River and Estuary System BACKGROUND: At the request of Commissioner Dzadovsky, staff is agendaing Resolution No. 09-292 for Board discussion and action. RECOMMENDATION/CONCLUSION Staff recommends that the Board adopt Resolution No. 09-292 and authorize the Chair to sign the Resolution. Respectfully submitted, / 'J (j~ G, Daniel S. McIntyr County Attorney ,f DSM/caf Attahcment RESOLUTION NO. 09-292 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ASKING THE FEDERAL GOVERNMENT TO STOP DISCHARGING POLLUTANTS AND EXCESS WATER INTO THE ST. LUCIE RIVER AND ESTUARY SYSTEM LOCATED IN SOUTHEAST COASTAL FLORIDA WHEREAS, the discharge protocol adopted by the US Army Corps of Engineers (Corps), pursuant to an operational plan developed for Lake Okeechobee, regularly discharges pollutants and excess water into the St. Lucie River and estuary through a structure known as 5-80, which was constructed and is operated by the Corps specifically for the purpose of making such discharges into the St. Lucie River; and WHEREAS, the Corps release of pollutants over time have rendered the waters of the St. Lucie River and estuary periodically toxic and unfit for human contact and have destroyed the estuarine environment and riparian rights of homeowners along the St. Lucie River; and WHEREAS, the lands, which are contiguous to the St. Lucie River are improved with homes and the homeowners: use the St.'Lucie Estuary for boating, swimming, fishing, water sports, and wildlife viewing.{e.g, turtiesporpoises and`dolphins); and WHEREAS, the St. Lucie River is the environmental and economic lifeblood of Martin and St. Lucie Counties, according to the South Florida Water Management District; and WHEREAS, the St. Lucie Estuary normally receives fresh water inflows from its own watershed basin, which supports a balanced and vibrant marine life ecosystem rated among the most diverse in North America; and WHEREAS, the Corps' periodic releases of heavily polluted fresh water into the St. Lucie River estuary system have also irrevocably altered the biochemical balance (including salinity levels) and character of the St. Lucie River, degrading fish life and other marine organisms and damaging and destroying critically needed vegetation; and WHEREAS, as a result, much of the St. Lucie Estuary system today is a biological dead zone, lacking few of its natural species; and WHEREAS, these losses are cataclysmic inasmuch as a healthy estuary is well known to provide immense socio-economic benefits to the riparian landowners and the community; and WHEREAS, it is apparent that the federal government has not fixed the problem; and f WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, desire that the Corps stop discharging pollutants and excess water into the St. Lucie River and estuary system. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida Section 1: The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2: This Board requests the United States Government to stop discharging pollutants and excess water into the St. Lucie River and its estuary system. Section 3: The County Administrator is hereby directed to send a copy of this resolution to the St. Lucie County Congressional Delegation and the Executive Director of South Florida Water Management. Section 4: This Resolution shall take effect upon its adoption. PASSED AND DULY ADOPTED this day of September 2009. BOARb OF COUNTY COMMISSIONERS . ATTEST: ST LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chnir APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney r AGENDA REQUEST ITEM N0.1X _ DATE: October 6, 2009 ~ REGULAR [XX] PUBLIC HEARING CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Interlocal Agreement between St. Lucie County and Fort Pierce Utilities Authority (Juanita Bridge) BACKGROUND: See attached memorandum FUNDS AVAILABLE: 318-4113-563000-4700 PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board .approve the Interlocal Agreement and authorize the Chair to sign the Agreement. COMMISSION ACTION: CONCURRENCE: APPROVED [ ]DENIED [ ]OTHER: ~--ice' ' Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management Budget--Purchasing: Daniel 5. McIntyre Marie Grouin ~ Originating Dept. Public Works Dir: r ~ Di3~~ounty Eng.: rb1~r~~ Michael Pvwley Don West Finance: (Check for copy only, if applicable) Eff. 5/96 _ INTER-OFFICE MEMORANDUM ~ ~ ST. LUCIE COUNTY, FLORIDA • TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 09-1216 DATE: September 23, 2009 SUBJECT: Interlocal Agreement between St. Lucie County and Fort Pierce Utilities Authority (Juanita Avenue Bridge) *~*~*x*********************~****x****************~**************************,~*x*x**** BACKGROUND: Attached to this memorandum is a copy of a proposed Interlocal Agreement between the County and the Fort Pierce Utilities Authority (FPUA) pertaining to the Juanita Avenue Bridge Project. The County has applied for American Recovery and Reinvestment Act (ARRA) funding in the amount of $1,155,082. The County has discussed the Project with the State of Florida Department of Transportation (FDOT). FDOT has offered to complete the project ns a FDOT design/build project using County funds. The Project requires relocation of FPUA electric, gns and water facilities. The estimated cost of the utility relocation is $516,000. FPUA has agreed to budget the amount of $282,500 in fiscal year 2010. Subject to the availability of funds from ARRA, the County has agreed to advance the nmount of $233,500 to FPUA to cover the balance. The Agreement provides that FPUA must reimburse the County by September 30, 2019. The Agreement also provides that FPUA may reimburse the advance through in-kind services with the value or terms of the in-kind services being subject to acceptance by the County. RECOMMENDATION/CONCLUSION Staff recommends that the Board approve the Interlocal Agreement and authorize the Chair to sign the Agreement. Respe tfully submitted Daniel S. McIntyr County Attorney DSM/caf Attachment INTERLOCAL AGREEMENT BETWEEN ST. LUCIE COUNTY AND FORT PIERCE UTILITIES AUTHORITY (JUANITA BRIDGE) THIS AGREEMENT made and entered into this day of , 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida ("County"), and the FORT PIERCE UTILITIES AUTHORITY, a utility authority created and made a part of the government of the City of Fort Pierce, Florida under the Charter of the City of Fort Pierce, ("FPUA"). WHEREAS, the County is planning to construct the Juanita Avenue Bridge over Taylor Creek, hereinafter referred to as "PROJECT"; and, WHEREAS, the County has applied for American Recovery and Reinvestment Act (ARRA) funding in the amount of $1,155,082; and, WHEREAS, FDOT has accelerated the project schedule and offered to complete the project as a design/build project; FDOT's goal is to obligate all funds and open all bids by December 2009; and WHEREAS, the PROJECT requires relocation of FPUA electric, gas, and water facilities; and, WHEREAS, subject to the availability of funds from the ARRA, the County is willing to advance the funds to construct the utility relocations required by the PROJECT, subject to reimbursement by FPUA, according to the terms in this Agreement. NOW, THEREFORE, FPUA and the County hereby agree and covenant on the terms and conditions hereinafter stated: 1. GENERAL. This Agreement is entered into pursuant to Section 163.01, Florida Statutes and the Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal or written, between the parties hereto concerning the PROJECT. 2. PROJECT DESCRIPTION. The County desires to construct the PROJECT, which includes demolition of the existing bridge structure on Juanita Avenue over the Taylor Creek, which currently supports both a gas main and water main owned and Page 1 of 5 C:\Documents and SettingslFurtadoC\Local Settings\Temporary Internet Files\,COriterit.OUtI001i\L9ATXG0?\juanita bridge_slc interlocal agreement final 9-22-09.docx operated by FPUA. The PROJECT includes a new bridge structure complete with traffic lanes, bike lanes, and sidewalks. The construction will require the relocation of the gas and water mains. Furthermore, construction of the new bridge structure is not possible with the existing high voltage electrical cables located above the work zone. Additionally an existing power pole is in conflict with the footprint of the new bridge structure and must be relocated. 3. COUNTY RESPONSIBILITIES. The County's responsibilities under this Agreement are as follows: A. The County shall be responsible for all costs associated with the design and construction of the bridge structure. The County shall submit the project for ARRA funding through the TPO including the total cost of the utility relocations. B. Subject to availability of funds from the ARRA, the County will advance a portion of the funds to facilitate the design and construction of the utility relocations. The total cost for the utility relocations is estimated at $516,000. The gas main relocation is estimated at $31,000. The estimated cost for the water main relocation is $305,000, and the estimated cost for the electrical system relocations is $180,000. C. The County agrees to advance to FPUA a total of $233,500 to facilitate the design and construction of the utility relocations and will be allocated as follows: The gas main will be funded at $13,500. The funds for the water main are $130,000, and the funds for the electrical system are $90,000. D. The County shall assist the FPUA in obtaining any permits necessary to construct the utility relocations. 4. FPUA RESPONSIBILITIES. FPUA's responsibilities under this Agreement are as follows: A. The FPUA and/or its consultant shall design the utility relocations as agreed upon by the parties. B. The FPUA will obtain any permits or easements required for the utility relocations. C. FPUA and/or its contractors will coordinate all construction of the utility relocations with the County and construct the utility relocations to accommodate the bridge construction schedule. Page 2 of 5 C:\Documents and Settings\FurtadoC\Local Settings\Temporary Internet Files~COntent.~UtlOOk~L9ATXG02~jUanlta bridge_slc interlocal agreement_final 9-22-09.docx D. FPUA shall budget the balance of the estimated costs necessary for the utility relocations in fiscal year 2010 in the amount of $282,500, which are allocated as follows: The gas main relocation is estimated at $17,500. The estimated cost for the water main relocation is $175,000, and the estimated cost for the electrical system relocation is $90,000. Moreover, FPUA agrees to cover any cost overruns. E. FPUA further agrees to reimburse the County for the amount advanced by the County pursuant to Paragraph 3C in the amount of $233,500 by September 30, 2019. The amount of the County's advance may be reimbursed through in-kind services. The value or terms of the in-kind services are subject to acceptance by the County. 5. MUTUAL AGREEMENT. The County and FPUA agree as follows: A. That the County and FPUA will coordinate project design, construction and construction inspection in a joint effort to insure timely completion of all work. B. This Agreement shall not be deemed to be for the benefit of any entity or person who is not a party hereof, and neither this Agreement, nor any interest therein, may be assigned without the prior written consent of the non-assigning party. C. This Agreement shall not become effective until and unless approved by appropriate official action of the governing body of each party. 6. TERMINATION. Either party may terminate this Agreement upon sixty (60) days prior written notice to the other party provided, however, that the County's right to reimbursement for monies advanced on behalf of FPUA shall survive any termination. 7. NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to County: With a copy to: St. Lucie County Administrator St. Lucie County Attorney 2300 Virginia Avenue, Annex 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 Fort Pierce, Florida 34982 If to FPUA: Utilities Director Page 3 of 5 C:\Documents and Settings\FurtadoC\Local SettingslTemporary Internet Files~~COriterit.~Llti001{~1.9l~TXC7~7~JUarilta bridge_slc interlocal agreement final 9-22-09.docx Fort Pierce Utilities Authority 113 N. 2"d Street Fort Pierce, Florida 34950 8. INDEMNIFICATION. Each Party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that Party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any Party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 9. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreement between the parties with respect hereto. This Agreement may only be amended by a written document, properly authorized, executed and delivered by the parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. 10. FILING. This Agreement and any subsequent amendments thereto shall be filed with the Clerk of the Circuit Court of St. Lucie County pursuant to Section 163.01(11), Florida Statutes. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials. THE NEXT PAGE IS THE SIGNATURE PAGE Page 4 of 5 C:1Documents and Settings\FurtadoC\Local Settings\Temporary Internet Files~COriterit.~Ut100k~L9ATXG02~jUanlta bridge_slc interlocal agreement final 9-22-09.docx BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND LEGAL CORRECTNESS: BY: County Attorney ATTEST: FORT PIERCE UTILITIES AUTHORITY BY: Secretary Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: FPUA Attorney Pale 5 of 5 C'\Documents and Settings\FurtadoC\Local SettingslTemperary Internet Files,COnterit.OUt100k~L9ATXG02~juanlta bridge_slc interlocal agreement final 9-22-09.docx AGENDA REQUEST ITEM NO. ~C ~ = DATE: October 6, 2009 • REGULAR [XX] PUBLIC HEARING CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Rural Lands Stewardship BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Based on prior Board direction, Staff recommends the Board direct staff to initiate the process of amending the County's Comprehensive Plan to delete the RLSA amendments. Staff also recommends that the Board authorize the Growth Management Director to send the attached letter to the owners of the sending and receiving areas. COMMISSION ACTION: CONCURRENCE: [ ]APPROVED [ ]DENIED OTHER: _ " ~ ~ PULLED Faye W. Outlaw, MPA County Administrator ` Review and Approvals County Attorney: ~ Management & Budget Purchasing: Daniel 5. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 _ INTER-OFFICE MEMORANDUM ~ - ~ - - ST. LUCIE COUNTY, FLORIDA • • TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 09-1218 DATE: September 23, 2009 . SUBJECT: Rural Lands Stewardship *******************************************,~******************~********x************* BACKGROUND: The issue of Rural Lands Stewardship was most recently discussed by the Board at the Board's September 22, 2009 informal meeting. At this time, the Growth Management Director presented a factual summary of the status of the County's Rural Lands Stewardship program, a copy of which is attached. As indicated in the Growth Management Director's summary, the State Division of Administrative Hearings has issued a final order which discussed the State of Florida Department of Community Affairs (DCA) current position on St. Lucie County's Rural Lands Stewardship Program. A copy of an excerpt from the DOAH case is attached. The excerpt reflects that DCA believes that the County's RLSA program has several shortcomings and is not an example of proper planning under the RLSA statute. In addition, the program was criticized as too complex and largely incomprehensible. As a result, a majority of the Board expressed a desire to start the process of amending the Comprehensive Plan to delete the RLSA amendments. A majority of the-Bonrd also directed staff to notify the owners of the sending and receiving areas of the Board's direction and allow the owners sufficient time to reactivate their applications and obtain n decision from the Board. A copy of a draft letter to the owners from the Growth Management Director is attached. RECOMMENDATION/CONCLUSION: Based on prior Board direction, staff recommends the Board direct staff to initiate the process of amending the County's Comprehensive Plan to delete the RLSA amendments. Staff also recommends that the Board authorize the Growth Management Director to send the attached letter to the owners of the sending and receiving areas. Respe tfully submitt , Dani I S. McInty e County Attorney DSM/caf C./ Attachments Growth Management i n ~ -h _ MEMORANDUM TO: Board of County Commissioners FROM: Mark Satterlee, AIC Growth Management Director DATE: September 22, 2009 SUBJECT: Rural Lands Stewardship Update ITEM NO. Informal Meeting Agenda This memorandum is an update on the status of the St. Lucie County Rural Lands Stewardship program and the status of the Family Lands Remembered/Cloud Grove applications. • In March of 2008, the County received a letter from Family Lands Remembered requesting the Rural Lands Stewardship program application be put on hold. • In June of 2008, the Treasure Coast Regional Planning Council received a letter from the developer withdrawing the Cloud Grove Development of Regional Impact application from review. • Since those actions, there has been no further formal contact regarding the applications. • In October of 2008, the Board adopted the Evaluation and Appraisal Report (EAR) of the Comprehensive Land Use Plan. Contained in the EAR is the "Conclusions and Recommendations" section which summarizes proposed changes to each element of the plan. For the Rural Lands Stewardship Overlay Sub-Element, the EAR states; "It is the County's intent to place the program on hold so as to review and revise all Goals, Objectives and Policies regarding rural lands as parf of the larger comprehensive western lands planning effort." This section is also the basis for the EAR-based amendment process which is underway. • The Western Lands Study effort is also getting underway. • The Board had a discussion regarding the Rvral Lands program at the January 20, 2009 meeting requesting further discussion about the program at a future meeting. • A foreclosure action was initiated against the Cloud Grove property which resulted in a Certificate of Sale being issued on June 24, 2009 and a Certificate of Title being issued on July 31, 2009. The new owner of the Cloud Grove property is MLIC Asset Holdings, LLC. • On September 14, 2009, the DOAH issued a final order dismissing a challenge to administrative rules being proposed by DCA for the state Rural Lands Stewardship program. The DOAH final order states part of the reason administrative rules are being proposed for the program includes problems identified with the St. Lucie County~Rural Lands Stewardship program and application. Attached is an excerpt of the final order with specific reference to the issues with the St. Lucie County Rural Lands Stewardship program and application. staff recommends the Board discuss the Rural Lands Stewardship program and provide direction on further action. Itam ft's Excerpt from DOAH Case 09-3488RP Challenge to Rural Lands Stewardship Program Administrative Rules proposed by DCA Reference to St Lucie County Rural Lands Stewardship Program 20. On September 12, 2006, St. Lucie County adopted plan amendments under the RLSA statute. Later that year, the Department reviewed the amendments and found them to be in compliance. 21. In preparing the 2007 Annual Report, the Department undertook a detailed analysis of the St. Lucie RLSA amendments. Even though the amendments had been previously found to be in compliance, the new analysis revealed several shortcomings in the amendments, including their failure to discuss, analyze, or demonstrate how they further the principles of rural sustainability, aprimary focus of the program. Also, the amendments were rot supported by an analysis of land use need. Instead of projecting population and need, the RLSA adopted an arbitrary cap of 13,248 dwelling units with "no known planning basis." 22. The St. Lucie RLSA is similar to the Collier County program in two respects: it is very complex, and it places no spacial limits on the footprint of the development area. 23. Due to these shortcomings, the Department has placed little, if any, reliance on the St. Lucie County RLSA amendments as an example of proper planning under the . RLSA statute. There is no evidence that any development has occurred under the St. Lucie program, and its most recent Evaluation and Appraisal Report dated October 2008 indicated that none may ever occur. 24. In 2007, Highlands and Osceola Counties both applied for and were granted authorization by the Department to designate RLSAs. However, both counties later notified the Department that they would no longer pursue the RLSAs, and the authorizations were withdrawn by the Department. E. The Rule Development Process 25. In early 2007, the Department became aware of assertions by some landowners that the RLSA program provides for unlimited development within a stewardship area; that RLSA plan amendments were not subject to the growth management provisions in Chapter 163, Florida Statutes; and that RLSAs were not subject to a needs analysis, as required by the law. 26. At the same time, the Department received numerous inquiries from large landowners and/or their representatives regarding RLSA proposals, some as large as 750,000 acres, and for two "new towns" with 100,000 and 60,000 dwelling units, respectively. It also became aware of concerns and criticisms leveled against the one adopted RLSA program in St. Lucie County and rural planning efforts in Collier County. The main criticism was that the system being used for RLSA planning was too complex, which resulted in an expensive, consultant-intensive process that lacked transparency and was largely incomprehensible. 27. Based on the above concerns and criticisms, the Department began gathering information in early 2007 in preparation for rulemaking. October 7, 2009 Adams Ranch, Inc. ARCCO of St. Lucie, Inc. Alto Adams, Jr. c/o Adams Ranch, Inc. 26003 Orange Avenue Fort Pierce, Florida 34945 MLIC Asset Holdings, LLC 10 Park Avenue Morristown, New Jersey 07962 RE. Adams Ranch Stewardship Sending Area Application Cloud Grove Stewardship Receiving Area Application Cloud Grove DRI Application for Development Approval Gentlemen: On March 3, 2008, the enclosed letter was sent to former Planning Manager Peter Jones requesting that the applications referenced above be placed on "hold." Subsequently in June 2008, the Treasure Coast Regional Planning Council notified the County that the Cloud Grove DRI Application for Development Approval was withdrawn at the request of the applicant. Please note that there is no provision in the County's Land Development Code that allows an applicant or the County to place an application on hold. In view of this fact, and in view of the fact that it has been over 18 months since the date of the March letter was sent, the County intends to administratively withdraw the SSA and SRA applications unless both of the applicants notify the County on or before November 7, 2009 of their desire to proceed with the applications and refile the DRI applications. The notification should also confirm the applicant's commitment to complete the process and provide all required information within a period not to exceed 180 days from this dote. Please also note that the County has recently received information that the State of Florida Department of Community Affairs now believes that the County's Rural Land Stewardship Amendments have "several shortcomings" and do not represent proper planning under the Rural Lands Stewardship Act statute, As a result, a ma jority of the Board of County Commissioners has directed County staff to initiate the process of amending the County's Comprehensive Plan to delete the Rural Lands Stewardship Amendments from the Plan. Please note that any amendment will take at least 4 to 6 months to process to nn adoption hearing before the Board. If you have any questions, please let me know. Sincerely, Mark Satterlee, AICP Growth Management Director MS/ Enclosure Copy to: County Administrator County Attorney v~ :i L l~~h~e~tl~~R~>~ V'ia Email and U.S. Mail Mr. Pater )ones, AIA Talansung Manager St. Lucie County 2~{3Q Virginia Avenue rt. Piectie, I~F. 3~~az Subject: Adams Ranch Stec .~rdship Senduig Azea Application Cloud Grove 4tewaxdship Receiving Area Application Cloud Grove DRI Application Ear Develop~:zert Approval IUear t'~Cr. Janes: "Phis Joint letter is being sent by me at the duection of Futnily l~ac:ds Ete€nemk,ered, 1.1,I :I', :1dan~s Itsnch, Inc., AI2CC0 of St. Luce, Inc., Alto "Bud" Adams, ~r., and Flaritla Conservancy and L1e~'slcagmrr:t Group, LT.C. As you aril! see from the attached joint statemetat, F`lrrida Corzserv-ancy ~ 1'3eveitft~ttnent Group (FGDG), Adams Ranch and Family Lauds Remembctcd (Ii'aznily I:aztds}, as part of rktcu collaborative patticipatian in St. Lucie County's Roza! Land Steu~ardslup {RI.S? Azea progzaxn, are reassessing the ongoing implementation of the RI S profram. . ay this letter, we arc jaindy requesring that further. processing. of tl~.c Stewardship 'Re<:eivv~g r'<rc:a anti IjRI applications be put on hold until Eve !lave a chance to meet with yc~u anti other St. I.ucic C:uunct~ staff, as soon as possible, to xcviety the status and various options as to all applicatiaszs. 'tale mould Tike to pre~ctcc.cl with the public meeting before the HistoziGal Cotrxtnissian on the Stewardship Sending Area, wiaich zs scheduled fat March t 7, zoQa at Adams Ranch. (lthcr that.. any pzcparatioa Eor the I`>slarch 1 20t1t3 Historical Conunis5-ion, we would ask that the Ctxcnty not incur additic~na# staff time rsi cunsuiz3nt Eee~s untt7 we have a chance to tneet. We also request that art accountir,~ of those rxpense~s tip tc> rc>dav'a elate and isr~oiccs l>c prepared {SSA to Adams Ranr~ artd Famikv 'Lands SIZE, DPI attd f;.TE ~ne:rclmectt to FCllG) st? that the responsible parties can remit payrzsc:nt. When wr meet, we wcrulr! #ilce t~~ also diseuss anticipated staff time and. consultant fees to complete the SSA staff report and SRA staff report. 'Thank you far your prompt attention to this xequess. We Irxak forward to sneetuxg with you sc<>ra. Sincexc':y J,/ ~ / U '~mes`t.~l. Cox, President cc: Carlos Vergara, Faintly Lauds Remembered Robert Rayttes, Counsel for Fatutly Lands RamemEaued peter E-larrison, Adams Ranch Dec7xtzs Carrick, Coruysel for Aciazx~s E?:utch Steve Kaufman, Fiori.~ia Conservancy 3c Deve`.c,pment C;u~,:il~ I~a~•id Powell, Counsel for Fltarida Conservancy & Dcvelapmer.ti_toup - f t~ ,'4~ 1 ~ 1` AL?AMS RANCH FC)R Ii~MEC)IpTE RELEASE Fot uilomtataan, ranract: }:xnie C;ax, Fatnit} Lands Rezrzernbered 5fr1.76.22t2" Pater H~'risQn,Adarnc Ranch, Inc. 772.4tiLfi3?1 Steve Kanfrnan, F~llC7 5(i}.784.927? IIIriPLE31~ENTATI4N OP ST. L1sCIE COUNTY RUR14L LAND STEWARDSHIP PROGRAM TO BE PLACED OtV HULD ST, Ll>t:iE (:{)l.itvTY, FL» - Fttodda Conservancy & Urvctolsrttrnt (;rrat.€> jf'f.;::}C~}, ,ad:un;; Rar:eh ar:d Far~ly .Lands Remerubrse<:, as psrt of rhea c~~UaLor; ctvr p~nc-ipaoan u•, I,ucse Gratuity's IZsua.t Land Stc-u'ards!ua tILLS) Area program, t xi . pus ;:,ncct 'vtirt}:rtr tlta tizcg~ are reassessing Lhc or.~tairt~; iznp}cznanrscion of the RLS prograut. FGllU, a pazcners}up between, pulalieiy-rnvei} hr~me fa;itdrrs .t.e~nr.a; Hvriies attd E.entex tis.~tt3es, has dectdcd neat to move fc~rwerd at ti^.is time with t}:r'T'uwr rf C_lc:uc} Crr<?~.c cruo~;h t.~r Stcwazztship Recei~rrzg Area (5RA} ar:ci i~eveiaprztcrt of Re~'suna} lnicarr ~ }tit prc~cc :s<t FCt~G is evaluating; v.~hc:hcr to 6te applieadana foz a different zart of del ~:>pzrs: r atrn env' !~>,.EI Grove praperty, bur ro fu:ai deeisioas have !zeea rnadc, "At t}us +arrte, we are going m suspend pt:rstut of goveztvncntzl apL my-a} fear the tc>evra, ;tnd waaId Eike rc~ work wirlx Acfarns Raacia, Farrity Lands R~7tenihcrcz3, Sr~ L,ucir. C:.~uztty, vrtrcr to}eoant govertunerra! agencies and others to keep mite the option of itzzptctttntut~~ the Stetivatdship program in die ftzinte." rxptaincd Steve iCaufinan, Fsrta~tivr: Cc~rrzzrittce n:emi-;er r~ rcnc. "1X~'e srz?I believe Stewardship is a vaiusalslz tcai tna*_ Shr~ul•; 6e ust:ti to pie crvc ~'csstda 4 i:n{;t3r"az,t cmrratimtental, a~iculczsal and hixtonca} zese:uce;," ? .t:+tr-:art 3dr?ed luring t!te Last three }'ears, }=C1)G, Atixrnti Ranch :utd F'rn:tlV 1.anc:s RrsztcrnE,c-rcc{ h:te t,rr..t~ workint; a~rthcr to create :and impteazntzt the }21.5 pmgra^r~ u~zt~i ste•xarc}.,l~.;p credits try k~<. pturhascd front tht Adams Ranch Seucting f1rr3 aa;} rhrn txsrtnferrrts :o t'.se f;h>a~cr C'tov~_ }trceivistg Area. ,+~rt:+-r Sous The parries tvi}1 hr. >erciirs~P a point }ct*.cr to C.otrnty staff rcyt:es;inK that ttxrnc~r pr{ti-c==^ing of the }Zcceiv:r=f; Arta a3td DFt3 a~plica;.'tans tic put ot: hc;ld, that t}:e I'.istotica4 C.a:ztrnissi<>zi i;earuzg at Adam4 Ftynca on ?t2arch 1? go farEV~:ci, ar:d rcytiescna a mreDr:~ ,a xe~.~iecu the st~c~r~ isz,~i x t-=~:as ~?pti;?sts ss to ;ill applications. ti~0 ri. ,:4_ 1"~- ; ~ l [_;~,i`~[~5 Page 2 of 3 ACIAMS RANCH STEti'~ARDSNiP "`'vfan}' pr ople spent a lot of t±r?~e, e{tart srci firnanci:tl rte.<xuces >.u i:re:Jte ?Z1.ti, wlz+~4t t c :vitlc., ar: oppoz-tzz3c:tr tea taalancc envuo:urtental cnrot..c-nors wt*h t7ce pcrac-rc-.a; sr .st~'ir- at -ast zcas .~f open space wilt high rtattsal resoiarcc ti alur.s, procnotiart of agnc~n.lnur acttd stir+:c.ii:~a4~ie ' develc~ptt>cnt. ~aUr e,xgcct to have a hrttez caieture ~~i~}tc7tiv wc, ~uitl ail (~rc,r:ced within Ett:° rte}a fr~,v weck:s," explairlcd ErstsC Cox, 1'resdctnt aF tz=c:ruiy f.snds Kc:rtr:nbercd, whn Has l-,rrz~ faclit.c:ng tltc creation and irngien:ctatacon of RLS izt 4t. Luc-ic Caun*'7. With t.4tc proposed Town oFC,ioud Grow acrd propnsed sale ai str..warc3ship crcdita t.y t',rla.ms Ranch, l2,{7d4 acres {appro.Titnataly ic1 square zniles; o£ the ttzosr ctrvirur:rnrtttalty sensinvc. i;acads at Adams Ranch trauid have beery protected and maintaiz3rci in lacrpetuity, at no eras:: to the taxoav er.,. "r'.s cane of rfie !ast large cattle rancE±es in tttc rogion, our i:uzuly .vants t:s sust ut: c~u :~:zc:St~.:eal upt:raucx7s and continue stm~atdship UI oar aatura} r~aaurccs,>' cxplncacd ~zke a~darn:;, I'ttslcieGt of Adams E~ane}:. Adorer, ltszrtch will have. to rrssaews our aparns. Added Adams "(:.ha kxEtalf of tr,y Far:aily~ and ail of the applicants, we wish t:~ tE~ank t~tze rnenzber5 0£ Harr ceysutnuznitb ~.z~hct Fseti e come out in the: bast duce yrazs in sula~oet ~~t~ this lnntaeatie•~: grogram." Rr.~riless of wktat happens nuw, the tat3drz~.~tzk Rural .snd 5tewarcishii> C.~vezlay, ad<a?ted ~vy tit.. Luck County and fetutd in compliance by the Flcarida Department e;f C:ot:'rzraunit}' .~f~zirs ir, 20c~[, rciS'i,tir]a` in glace. an <:Io~d Grow and Acia:z~s March. 'I'irnin~ crt ir-x, }a{rzac:atati:an is tits utncertaftary. "We re<ruurz optirtzistic about the fu:ara of the Rural l:.atzd fitcwartiskup care~F7x:trrz in St. Lucie CruntV anti hc~pa ttttt wt: caa continua to za.:ilitare in; ixsnpleztzcrratio:~, Cox exc,Jaine;l "~.t%e believe it is the best way to sustain the long-term ~dability of agtr,culttual tcaras sttc}n as ,'~dasals Ranch, gmtect the. natat:><! resources, and crraze susraixrable, crxiseri-zcc and eCOr:Ui:ltc: de rclopcncnt. Lt is as viable and izn~rtant a program today as it w°as a+hc:~ zt vra~ in:r ~dueecl to St. Lurie C:ouuty four yea=s a~c>," t:oz added. As state leaders set priorities fox the successor Eo the i;lorfda >~orcvrr land accluisirion prr.~ratr., Rural Land Stewardship is an itzzgoz2ant tool 4or achieving tttc state's ln:zd ce~nsrrvatiCan goals. if ia3piemeratrzi, ttse first phase of"St. 1..txie Cot3r>ty's 1tLS grc;~;rtm wo~ud torevrs {aratccr apjaro~itrzatcly 12,400 acres of chc mast bcmutiful :usd e~r~itcat~cntaYly valuable land !n 5t. L~ncc County without the usr.:af public dollars. This is szn •artt zotzghty t~.~ice. as larb~ a alJ .z} the. ler~fs >hat lzavc been purchased widY taxpayer funding through St L,rnc~c t:ounz`'s cnvirorzrncntal lands aequisitir~n prob>razn_ The pracscned Adanas Ranr~z 5trwcerdship Scrt~tl,> Arr:i would .~so fz'.l ?l:c dap between apg.rourr>sttrly 3,000 acres of acgc:ir+_'ci C.-2~1 reservoir sites to tltc east cif !?cian~ Ttasnch acu3 apprasimately 34,000 acres of proposed ec~nscrvadon la;tca to tY:c west and so~:thwcst, integral to the Comprchraxivr. F.nrry>,lacr, Resuars.den per+lrr:an':. tylorc : ~ Lr~NC)S 13sage 3 of 3 !:~,A~!??,-t2sr:kt:E_~ A LEA M S - _..._~_.__.__._..y ~tANCH STEWARDSHIP Abort 8t, L u~•ie CauDry Rural Laced Stewardship Kura) Land Srewarciship w'as adnhted ~i}~ St. i~k-ic C:o~inry in Sc{?rrrntrrr :.~A3G as trr ~irc~~azve prragrant desttmed ~ra~ pze~tcct and promote nattusil res~»uccs, a,mcalture srul c~aru:~.l h::nt.~ttc vah:cs, wai3c p3atu~ss~eg for the long tear:, aced ciirrtaing grc~rvtt~ :t; areas r;*iar da not Five high r;wnu:d rewurcc v;:lu€s. Rtznl taad Stewardship is an incantive-based prr~tr~rnrn that ~rcciural;es la*.zdv-ur;czs ~r, v~I~irrrin:v prc~tei.t and ronscrve cuvirorL•-naa~y valuable Lsnti, while trch~aving 1>t;tli: i~aacF+ts ta~tat ciu ~zC~t reclu:rc ^xxpayez hutding. in acc«rclsr;cc with t't;c State of Ylc,ricia's R.7r~ l:trci Strtxardst~,i13 Statutes, ;he pzogra~m is based 6n a Stc~~-ardsk~~}> C`redit systere, and is tun +c.xrncntitty ~iifi~e~rerit %rvtn a transfer of deveic>pmenf rights program. '1'i2z.~u~;h :.t;e Sretiuardsh;p luugram, the value of :tatural resutuces, a~griculn:rc and cultural hetita};a are r~•cvgruard aril l3ratcc-tcCf ~hrfou~,}i ±hc perraazroenf reznov~al az dcvelopu:enr ar;d ether uses fir3 a t~~;e ;.u:d. ~4boat FTntida Ci~usrrvauei• & Derr)+~purene lruup Florida Gons~vtrncy & Devcloptr_ezrt Group, the aw:ret of CLx:d Crravc, is a paru:crs}n;.~ bt:wtcn ccvo of r#.t natiar+'s ~rest hcmebail<itn .ontpanies, C:crtt<x t-1=~mes azxi I.crr;zr i iarnts. A6aut .4dams RancB Fcaunded in 193'7, Adams finch is s fo~~rth ~neration, fazx;iiy C5W'rlC.c{ sastch srtd t~tr~.,~ prc~ciut:fxrr• t.rsns(?anq heztc~s4tsartcrcd in Fort Pier.-c, ~loriria_ "T'he he:nc nuz~ tr in 5?, i ~ ex+~ C:crixrs; ~ ,:r,rcr~. spprocimately t G,5':1t1 acres with adciitior.ii lands is {?kecg:}iu:see, Cisu~.~la avid h?a<jinn f::,,nry, `r~la~rida as ~vr1l as S:unrer arc; Bu:l.e t,uustty, Crc;~rgia. L'::dt~r c},r a :e:at~n c,f :1tt+> "tit:;;.:, :~dacttr,,jr,, C~:laaixtnan, the flare:; is dedicatee :o t h~~li5nc an~x~~:tch to jarli :7ianagrrxcnt trFt ~ncit;de~s ^~;c 1SVestc3Clc, gears, ~~rgetaeva, waxer and wildli,FC~. Adr.:LS 1Zai:ct Mss reec7v*:d nan_ero=.a awards and recag:nitior, frUm !oval, stare ac.c rL;t:or;nl ort;~nt~.: ors tc,r its urn=>ti•anvc~, r.c,r.s t;r:-z; ptograrns :e~ pr.aduc a: catilc that <tre :ulapte,c'. }-!e>ncia li;:late as well :rs xis nth cc7esct ~.cttr~r: efft~zts and stcw:udshili of dse land. The corslpany is acaivcly m.zr;a}m~-l by thud ar,d trurth ge:ncr~rioa Farstiiy mrrnhess. .~iborrt Famih~ Lauds Rrmram6areri pamil~~ T~ands Resnealbered fgc~??itatec3 the cr:~ac:?n oF;he i?ur:~! 'Land atalt•arrishi~ rwc i.: 'c Sr Lucie Count} cavertng ;'=clams Reach arc1 C'!o~. "tore. T?;e i;ampany's fro:d is ro use crc:aCi4•c h;rid planr;inn tools st:ch a3 Kurt1 Land Stray-ards}zrp and att;rr a~arkct~-based intcntivr t,~aics iq ~ ro?c~-t ~larsc~sa's cnvirt~i:ruu;eai, culb~r•.r! anti agriCUltuzal rescsurces F'cr a;arr i~for^ ati~~~;, try to : , AGENDA REQUEST ITEM NO.,~ DATE: October 6, 2009 ~ - • REGULAR [XX] PUBLIC HEARING CONSENT TO. BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre SUBJECT: Application of Grove Land Utilities, LLC to Operate a Water and Wastewater Utility to Provide Services in a Portion of St. Lucie County BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board authorize the County Attorney to file the Objection with the Florida Public Service Commission COMMISSION ACTION: CONCURRENCE: APPROVED [ J DENIED [ ]OTHER: ' Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and, Approvals County Attorney: Management & Budget Purchasing: Daniel 5. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 ~ _ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 09-1256 DATE: September 28, 2009 SUBJECT: Application of Grove Land Utilities, LLC to Operate a Water and Wastewater Utility to Provide Service in n Portion of St. Lucie County BACKGROUND: On September 18, 2009, the County received a "Legal Notice" dated September 11, 2009, notifying the County that Grove Land Utilities, LLC ("Grove Land") has applied to the Florida Public Service Commission to operate a water and wastewater utility to. provide service to territory in Indian River, Okeechobee and St. Lucie Counties. A copy of a map locating the property in St. Lucie County is attached. A copy of the pertinent portion of the Application filed by Grove Land Utilities, LLC is also attached. The legal notice provides that any ob jection must be in writing and filed with the Office of Commission Clerk, Florida Public Service Commission within thirty days from September 11, 2009. The property in St. Lucie County that Grove Land proposes to serve in St. Lucie County is within the service territory of the St. Lucie County Water and Sewer District. The Board established the District on June 15, 2004. Pursuant to Chapter 153, Part II, Florida Statutes, the County has the exclusive right to provide water and wastewater utility service within the District boundaries. No water and wastewater facilities may be constructed without the prior consent of the District. In addition, the South Florida Water Management District issued a 20-year Consumptive Water Use Permit to serve the 20-year water needs of current and future customers of the County District. The Consumptive Use Permit includes the property which is the subject of the Application filed by Grove Land. A draft Objection is attached for Board consideration. RECOMMENDATION/CONCLUSION : Staff recommends that the Board authorize the County Attorney to fi le the Objection with the Florida Public Service Commission. Respe ully submitted, f Daniel S. McIntyr County Attorney DSM/caf Attachments DESCRIPTION ID Parcel 3.8 & 10 Section 29 30 31, 32 & 33Township 33 South Ranae 37 East, Section 25 8< 36 Township 33 South Ranae 36 East, Indian River County Section 29, LESS the North 210 feet and LESS the East 250 of the West 600 feet of the North 720 feet, Section 30 and Section 31 and the East 1J2 of Section 32 ,lying North of the Tumpike, all in Township 33 South, Range 37 East Together with the E 1/2 of Section 25 AND the E 1J2 of Section 36 lying North of the ' Turnpike, all in Township 33 South Range 36 East Indian River County Together with the East 1/2 of Section 32 LESS the Legal Right of Way and less the South 250.00 feet thereof Together with the West 1/2 of Section 33 LESS the South 250.00 feet thereof, lying West of the following described line: Commence at the Southeast comer of Section 36, Township 33 South, Range 37 East, Indian River County, Florida; thence West, 19,080.31 feet to the Point of Beginning; thence North, 5079.50 feet to the North line of said Section 33. DESCRIPTION ID Parcel 4 & 6 Section 6 & 7 Township 34 South, Ranae 38 East, St Lucie County Section 6, LESS the North 500 feet and the North 1/2 of Section 7, all in Township 34 South, Range 38 East in St Lucie County Florida. DESCRIPTION ID Parce Section 15, 21-22 Township 34 South Ranae 38 East St Lucie County The West 314 of the South 1/2 of Section 15 AND the East 1/2 of the SE 1/4 LESS the South 660 feet of Section 21 AND the West 3/4, LESS the South 660 feet of Section 22 all lying in Township 34 South, Range 38 East in St Lucie County Florida. Any objection to the said application must. be made in writing and filed with the Office of Commision Clerk, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, within thirty (30) days from the date of this notice. At the same time, a copy of said objection should be mailed to the applicant whose address is set forth below. The objection must state the grounds for the objection with particularity. Grove Land Utilities, LLC 660 Beachland Blvd., Suite 301 Vero Beach, FL 32963 ~ Grove Land Utilities, LLC 0 7,000 14,000 28,000 Feet Subject Parcels r;, v=~~~: i - W ~ c W t"., 1% ~ u' t Jr~ c~ i~ C C j r eY Z is ~ ~ suNS;~~~~ saaT~ ?x;n, y ~ Z r Q ` "t, p z ~ i ~ ~ ri... 3. ~ _ .,e. i, y ~ T Q ti C1i ` ~ ~ r~ m ''i;`~ is ~ U^. W Z iL 'J: t,7 :L~ 1~, C r., i. f ~ 4, _ i ~ ':1 e tom' a j pISC~_H L'.E4 ~ e J( - _ ~ 'I ~ \,l Grove Land Utilities, LLC 0 3,500 7,000 14,000 Feet Subject Parcels ~ Q ~ ~~J~ISH~~E STATE ~K~~~ G~---~~1 o~scs,a+ea - ea `P r ~ Ps n as 1 i ~ t .w ra ro aan r.U ex ran .}3'~~'~1} s H dal P Ae0 r b Y ^ iv. J 1 i 3% ~ L ;f rl yap - M e5. ~ ~ ~ aYi .x o- A~ m d a r aTi~v ae~m ro•~w,y emirs ose rc .rv ¶~.A t9'.: BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Application of Grove Land Utilities, LLC Docket No. D90~/`~5- u~S to operate a Water and Wastewater Utility in Indian River, Okeechobee and Filed: September 11, 2009 St. Lucie Counties, Florida. APPLICATION FOR ORIGINAL CERTIFICATES FOR PROPOSED WATER AND WASTEWATER SYSTEM AND REQUEST FOR INITIAL RATES AND CHARGES Grove Land Utilities, LLC (the "Utility"), by and through its undersigned attorney and pursuant to Sections 367.031 and 367.045, Florida Statutes, and Rule 25-30.033, Florida Administrative Code, files this application for original certificates to operate a water and wastewater utility in Indian River, Okeechobee and St. Lucie Counties and for approval of initial rates and charges ("Application"). The Application is attached hereto. In support of the Application, the Utility states: 1. The Utility's name and address are: Grove Land Utilities, LLC 660 Beachland Blvd., Suite 301 Vero Beach, FL 32963 2. The names and addresses of the Utility's authorized representatives are: Ronald Edwards, Manager Grove Land Utilities, LLG 660 Beachland Blvd., Suite 301 Vero Beach, FL 32963 ~'9~ ~ Phone: (772) 234-2410 ..C:~t _~~u~(,'~ Fax: (772) 234-6059 _...r~ U s,,:a f• and -1--- a,,,~ ' ~ ~ Michael Minton Dean, Mead, Minton & Zwemer :~r~ ~ 1903 South 25"' Street, Suite 200 Fort Pierce, Florida 34947 ~'L;~ w~_- Phone: (772) 464-7700 DATC- Fax: (772} 464-7877 dp~~MEN~ NLµa~P 0938a sE f Psi _ OO~,M1SS10~i Ct EC~'~;. 3. The Utility is subject to exclusive jurisdiction of the Commission because its service will transverse the boundaries of Indian River, Okeechobee and St. Lucie Counties, Florida. Section 367.171(7), Florida Statutes. 4. Pursuant to Rule 25-30.030(2), Florida Administrative Code, the Utility has obtained from the Commission a list of names and addresses of the entities entitled to receive notice of the Application ("Notice List"). 5. Within seven (7) days of filing this Application, the Utility will provide notice of the Application by regular mail to: (a) the governing bodies of Indian River, Okeechobee and St. Lucie Counties, Florida; (b) the governing bodies of all municipalities within Indian River, Okeechobee and St. Lucie Counties, Florida, stated on the Notice List; (c) the regional planning councils designated on the Notice List; (d) '1 all water and wastewater utilities on the Notice List; (e) the Office of Public Counsel; (f) the Commission's Director of the Commission Clerk and Administrative Services; (g) the appropriate regional offices of Florida Department of Environmental Protection ("FDEP"); (h) the appropriate Water Management District; and (i) other entities stated on the Notice List. Such notice will contain all information required under Florida Administrative Code Rule 25-30.030(4) 6. Within seven (7) days of filing this Application, the Utility will provide a copy of the notice of the Application to the prospective customers of the system to be certificated. 7. Within seven (7) days of filing this Application, the Utility will publish notice of the Application once in a newspaper of general circulation in the territory proposed to be served. 8. Within fifteen (15) days of filing this Application, the Utility will submit affidavits to the Commission verifying that it has provided notice of its Application, along with a copy of the notice and list of entities receiving the notice pursuant to Florida Administrative Code Rule 25-30.030. 9. Included in the Application are all information, documents, and maps required by Florida Administrative Code Rule 25-30.033, including facts demonstrating the Utility's ability to provide service, the area and facilities involved, the need for service in the area involved, and the existence or nonexistence of services from other utilities in the proposed service area. Also included in the Application are Schedules showing all rates, classifications, charges for service of every kind proposed by the Utility, and all rules, regulations and service availability policies. 10. The application fee required by Section 367.145, Florida Statutes, and Florida Administrative Code Rule 25-30.020, has been submitted to the Commission Cleric of Administrative Services, along with the filing of this Application. WHEREFORE, the Utility requests that the Commission: a. Grant Utility's application for original certificates for a proposed water and wastewater system; b. Approve initial rates and charges for the Utility; c. Issue certificates of authorization for the water and wastewater system; and d. Grant such other relief as appropriate. ~ APPLICATION FOR ORIGINAL CERTIFICATE FOR A PROPOSED OR EXISTING SYSTEM REGIUESTING INITIAL RATES AND CHARGES (Pursuant to Section 367.045, Florida Statutes) To: Office of Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399-0850 The undersigned hereby makes application for original certificate(s) to operate a water and wastewater utility in Indian River, Okeechobee and St. Lucie Counties, Florida, and submits the following information: PART I APPLICANT INFORMATION A) The full name (as it appears on the certificate), address and telephone number of the applicant: Grove Land Utilities LLC Name of utility (772) 234-2410 f772) 234-6059 Phone No. Fax No. 660 Beachland Blvd. Suite 301 Office street address Vero Beach Florida 32963 City State Zip Code Mailing address if different from street address Internet address if applicable B) The name, address and telephone number of the person to contact concerning this application: Ronald Edwards Manager -Grove Land Utilities LLC (772 234-2410 Name Phone No. 660 Beachland Blvd. Suite 301 Street address Vero Beach Florida 32963 City State Zip Code 1 ^ and Michael Minton -Dean, Mead, Minton & Zwemer (772) 464-7700 Name Phone No. 1903 South 25`h St.. Suite 200 Street address Ft. Pierce Florida 34947 City State Zip Code and Gerald Hartman. PE, BCEE, ASA - GAI Consultants (407) 423-8398 Name Phone No. 301 E. Pine St.. Suite 1020 Street address Orlando Florida 32801 City State Zip Code C) Indicate the organizational character of the applicant: (clrole one) Corporation Partnership Sole Proprietorship Other: Limited Liability Company (Specify) D) If the applicant is a corporation, indicate whether it has made an election under Internal Revenue Code Section 1362 to be an S Corporation: Yes No X E) If the applicant is a corporation, list names, titles and addresses of corporate officers, directors, partners, or any other person(s) or entities owning an interest in the applicant's business organization. (Use additional sheet if necessary). The Applicant is an LLC wholly owned by Evans Utilities Company Inc Evans Utilities is the sole member of Applicant. F) If the applicant is not a corporation, list names and addresses of all persons or entities owning an interest in the organization. (Use additional sheet if necessary.) Not Applicable. 2 PART II NEED FOR SERVICE A) Exhibit A - A statement regarding the need for service in the proposed territory, such as anticipated (or actual) development in the area. Identrfy any other utilities within the area proposed to be served which could potentially ' provide such service in the area and the steps the applicant took to ascertain whether such other service is available. B) Exhibit B - A statement that to the best of the applicant's knowledge, the provision of service will be consistent with the water and wastewater sections of the local comprehensive plan, as approved by the Department of Community Affairs at the time the application is filed. If the provision of service is inconsistent with such plan, provide a statement demonstrating why granting the certificate would be in the public interest. PART III SYSTEM INFORMATION A) WATER (1) Exhibit C - A statement describing the proposed type{s) of water service to be provided (i.e., potable, non-potable or of (2) Exhibit D -The number of equivalent residential connections (ERCs) proposed to be served, by meter size and customer class. If development will be in phases, separate this information by phase. In addition, 'rf the utility is in operation, provide the current number of ERCs by meter size and customer class. (3) Description of the types of customers anticipated (i.e., single family, mobile homes, clubhouse, commercial, etc.): The Applicant currently is proposing to serve general service, residential, and exempt and non-exempt bulk service customers. (4) In the case of an existing utility, provide the permit number and the date of approval of facilities by the Department of Environmental Protection (DEP) or the agency designated by DEP to issue pemlits: N/A 3 (5) Indicate the design capacity of the treatment plant in terms of equivalent residential connections {ERCs) and gallons per day (gpd). If development will be in phases, separate this information by phase. 195 (ERCs) 68,250 (GPD) Phase I 378 (ERCs) 132,300 (GPD) Phase Max 392 (ERCs) 137,200 _ (GPD) Phase !II Max 331 (ERCs) 115.850 (GPD) Phase IV Max (6) Indicate the type of treatment: Water facilities for Phase I will arovide chlorination via a hypochlorinator far disinfection purposes. Phases II through VI are yet to be determined. {7) Indicate the design capacity of the transmission and distribution lines in terms of ERCs and gpd. If development will be in phases, separate this information by phase. 195 (ERCs) 68.250 {GPD) Phase I 378 (ERCs) 132,300 (GPD) Phase II Max 392 (ERCs) 137,200 {GPD) Phase III Max 331 (ERCs) 115,850 (GPD) Phase IV Max (8) Provide the date the applicant began or plans to begin serving customers: Service will begin as soon as immediately possible after certification and rate approval by the Commission. (9) Exhibit E -Evidence, in the form of a warranty deed, that the utility owns the land where the water facilities are or will be located. If the utility does not own the land, a copy of the agreement which provides forthe long term continuous use of the land, such as a 99-year lease. The Commission may consider a written easement or other cost-effective alternative. The applicant may submit a contract for the purchase and sale of land with an unexecuted copy of the warranty deed provided the applicant files an executed and recorded copy of the deed, or executed copy of the lease, within thirty days after the order granting the certificate. 4 B) WASTEWATER (1) Exhibit F -The number of equivalent residential connections (ERCs) proposed to be served, by meter size and customer class. If development will be in phases, separate this information by phase. In addition, if the utility is in operation, provide the current number of ERCs by meter size and customer class. (2) Description of the types of customers anticipated (i.e., single family, mobile homes, clubhouse, commercial, etc.): The Applicant currently is proposing to serve mainly general service and residential customers within the proposed service area. (3) In the case of an existing utility, provide the permit number and the date of approval of facilities by the Department of Environmental Protection (DEP) or the agency designated by DEP to issue permits: N/A (4) Indicate separately the design capacity of the treatment plant and effluent disposal system in terms of equivalent residential connections (ERCs) and gallons per day (gpd). If development will be in phases, separate this information by phase. 185 (ERCs) 49.950 (GPD) Phase I 378 (ERCs) 102.060 (GPD) Phase II Max 392 (ERCs) 105.840 (GPD) Phase III Max 331 (ERCs) 89.370 (GPD) Phase IV Max (5) Indicate the method of treatment and disposal (percolation pond, spray field, etc.): The type of treatment and disposal for Phase I will be pre-engineered wastewater treatment plants utilizing an extended aeration/MLE treatment process with percolation ponds and/or rapid infiltration basins. The full extent of treatment required for future Phases has not yet been determined. (6) Exhibit G - If the applicant does not propose to use reuse as a means of effluent disposal, provide a statement that describes, with particularity, the reasons for not using reuse. 5 (7) Indicate the design capacity of the collection lines in terms of ERCs and GPD. If development will be in phases, separate this information by phase. 185 (ERCs) 49.950 (GPD) Phase I 378 (ERCs) 102,060 (GPD) Phase II Max 392 (ERCs) 105.840 (GPD) Phase III Max 331 (ERCs) 89.370 (GPD) Phase IV Max (8) Provide the date the applicant began or plans to begin serving customers: Service will beain as soon as immediately possible after certification and rate a groval by the Commission. (9) Exhibit H -Evidence, in the form of a warranty deed, that the utility owns the land where utility treatment facilities are or will be located. If the utility does not own the land, a copy of the agreement which provides for the long term continuous use of the land, such as a 99-year lease. The Commission may consider a written easement or other cost-effective alternative. The applicant may submit a contract for the purchase and sale of land with an unexecuted copy of the warranty deed provided the ~ applicant files an executed and recorded copy of the deed, or executed copy of the lease, within thirty days after the order granting the certificate. PART IV FINANCIAL AND TECHNICAL INFORMATION A} Exhibit I - A statement regarding the financial and technical ability of the applicant to provide reasonably sufficient and efficient service. B} Exhibit J - A detailed financial statement (balance sheet and income statement), certified if available, of the financial condition of the applicant, showing all assets and liabilities of every kind and character. The income statement shall be for the preceding calendar or fiscal year. If an applicant has not operated for a full year, then the income statement shall be for the lesser period. The financial statement shall be prepared in accordance with Rule 25-30.115, Florida Administrative Code. If available, a statement of the source and application of funds shall also be provided. C) Exhibit K - A list of all entities, including affiliates, upon which the applicant is relying to provide funding to the utility, and an explanation of the manner and amount of such funding, which shall include their financial statements and any financial agreements with the utility. This requirement shall not apply to any person or entity holding less than 10 percent ownership interest in the utility. 6 ~ D) Exhibit L - A schedule showing the projected cost of the proposed system (or actual cost of the existing system) by uniform system of accounts (USOA) account numbers pursuant to Rule 25-30.115, F.A.C. In addition, provide the capacity of each component of the system in ERCs and gallons per day. If the utility will be built in phases, this schedule shall apply to the design capacity of the first phase only. Provide a separate exhibit for the water and sewer systems. E) Exhibit M - A schedule showing the projected operating expenses of the proposed system by USOA account numbers when 80 percent of the designed capacity of the system is being utilized. If the utility will be built in phases, this schedule shall apply to the design capacity of the first phase only. In addition, if the utility has been in existence for at least one year, provide actual operating expenses for the most recent twelve months. Provide a separate exhibit for the water and sewer systems. F) Exhibit N - A schedule showing the projected capital structure, including the methods of financing the construction and operation of the utility until the utility reaches 80 percent of the designed capacity of the system(s). G} Exhibit O - A cost study, including customer growth projections, which supports the proposed rates, miscellaneous service charges, customer deposits and service availability charges. A sample cost study is enclosed with the application package. Provide a separate cost study for the water and sewer systems. H) Exhibit N/A - If the base facility and usage rate structure (as defined in Rule 25-30.437(6), F,A.C.) is not utilized for metered service, provide an altemative rate structure and a statement supporting why the alternative is appropriate. I) Exhibit N/A - If a different return on common equity other than the current equity leverage formula established by order of the Public. Service Commission pursuant to Section 367.081(4), F.S. is utilized, provide competent substantial evidence supporting the use of a different retum on common equity. Information on the current equity leverage formula may be obtained by contacting the accounting section at the listed number. PART V ALLOWANCE FOR FUNDS USED DURING CONSTRUCTION (AFUDC) Please note the following: A) Utilities obtaining initial certificates pursuant to Rule 25-30.033, F.A.C., are authorized to accrue AFUDC for projects found eligible pursuant to Rule 25- 30.116(1), F.A.C. B) A discounted monthly AFUDC rate calculated in accordance with Rule 25- 7 30.116(3), F.A.C., shall be used to insure that the annual AFUDC charged does not exceed authorized levels. C) The date the utility shall begin to charge the AFUDC rate shall be the date the certificate of authorization is issued to the utility so that such rate can apply to initial construction of the utility facilities. PART VI TERRITORY DESCRIPTION AND MAPS A) TERRITORY DESCRIPTION Exhibit P - An accurate description, using township, range and section references as specified in Rule 25-30.030(2), Florida Administrative Code, If the water and wastewater service territories are different, provide separate descriptions. B) TERRITORY MAPS Exhibit D -One copy of an official county tax assessment map or other map showing township, range and section with a scale such as 1 "=200' or i "=400' on which the proposed territory is plotted by use of metes and bounds or quarter sections and with a defined reference point of beginning. If the water and wastewater service territories are different, provide separate maps. C) SYSTEM MAPS Exhibit R -One copy of detailed map(s) showing proposed lines, facilities and the territory proposed. Additionally, identify any existing lines and facilities. Map(s) should be of sufficient scale and detail to enable correlation with a description of the territory to be served. Provide separate maps for water and wastewater systems. PART VII NOTICE OF ACTUAL APPLICATION A) Exhibit S - An affidavit that the notice of actual application was given in accordance with Section 367.045(1)(a), Florida Statutes, and Rule 25-30.030, Florida Administrative Cade, by regular mail to the following: (1) the governing body of the municipality, county, or counties in which the system or the territory proposed to be served is located; (2} the privately owned water and wastewater utilities that hold a certificate granted by the Public Service Commission and that are located within the 8 county in which the utility or the territory proposed to be served is located; (3) if any portion of the proposed territory is within one mile of a county boundary, the utility shall notice the privately owned utilities located in the bordering counties and holding a certrficate granted by the Commission; (4) the regional planning council; (5) the Office of Public Counsel; (6) the Public Service Commission's Director of the Division of the Commission Clerk and Administrative Services; (7) the appropriate regional office of the Department of Environmental Protection; (8) and the appropriate water management district. Copies of the Notice and a list of entities noticed shall accompany the affidavit. THIS MAY BE A LATE-FILED EXHIBIT B) Exhibit T - An affidavit that the notice of actual application was given in accordance with Rule 25-30.030, Florida Administrative Code, by regular mail or personal delivery to each customer of the system. A copy of the notice shall . accompany the affidavit. THIS MAY BE A LATE-FILED EXHIBIT. C) Exhibit U -Immediately upon completion of publication, an affidavit that the notice of actual application was published once in a newspaper of general circulation in the territory in accordance with Rule 25-30.030, Florida Administrative Code. A copy of the proof of publication shall accompany the affidavit. THIS MAY BE A LATE-FILED EXHIBIT. PART VIII FILING FEE Indicate the filing fee enclosed with the application: $ 1,500.00 (for water) and $ 1,500.00 (for wastewater). Note: Pursuant to Rule 25-30.020, Florida Administrative Code, the amount of the filing fee as follows: (1) For applications in which the utility has the capacity to serve up to 500 ERC's, the filing fee shall be $750. 9 (2) For applications in which the utility has the capacity to serve from 501 to 2,000 ERC's the filing fee shall be $1,500. (3) For applications in which the utility has the capacity to serve from 2,001 ERC's to 4,000 ERC's the filing fee shat{ be $2,250. (4) For applications in which the utility has the capacity to serve more than 4,000 ERC's the filing fee shall be $3,000. PART IX TARIFF Exhibit V -The original and two copies of water and/or wastewater tariff(s) containing all rates, classifications, charges, rules and regulations. Sample tariffs are enclosed with the application package. 10 PART X AFFIDAVIT I _ ~DAI ~~Lc1~~?,DS (applicant) do solemnly swear or affirm that the facts stated in the foregoing application and all exhibits attached thereto are true and correct and that said statements of fact thereto constitutes a complete statement of the matter to which it relates. Applicant's Signature ~ou~kiD • ~D NJA P..AS Applicant's Name (Typed) ~{a~~~ Applicant's Title Subscribed and sworn to before me this ~ day of month in the year of 20~ by ~~1 to L ~DH/AP..DS who is p rsonally known to me or produced Identification Type of Identification Produced ary Pu lies Signature tia>e ry Public State of FlOr~a Debra Turner-BunneN MY commiaabn 0749397 orn Explres0l/16/~Of2 Print, Type or Stamp Commissioned Name of Notary u lic *If applicant is a corporation, the affidavit must be made by the president or other officer authorized by the by-laws of the corporation to act for it. If applicant is a partnership or association, a member of the organization authorized to make such affidavit shall execute same. 11 TABLE OF CONTENTS EXHIBITS Exhibit Name A Need for Service B Consistency with Local Comprehensive Plan C Customers, Facility and Services D Number of ERCs to be Served-Water E Land Ownership for Water Facilities F Number of ERCs to be Served-Wastewater G Use of Reuse H Land Ownership for Wastewater Facilities I Financial and Technical Ability r` J Detailed Financial Statement K Funding of Utility L Projected Cost of the System M Operating Expenses N Projected Capital Structure O Cost of Service Study P Territory Description Q Tax Assessment Maps R System Maps S Affidavit: Notice of Application T Affidavit: Notice to Customers U Affidavit: Notice of Publication V Water Tariff and Wastewater Tariff EXHIBIT A Grove Land Utilities, LLC (Grove Land) proposes to provide potable and non-potable water and wastewater services to bulk exempt, bulk non-exempt, intensified agribusiness, residential and general service customers from the service territory described in this application within Indian River, Okeechobee and St. Lucie counties. Grove Land's affiliate, Evans Properties, Inc., (Evans) owns all of the land inside the service boundaries of the utility. In addition to ten existing residences and two shops that have a need for central service, Evans has plans for utilizing utility services for a variety of ventures. A copy of a request for service letter for existing facilities, signed by Mr. J. Emmet Evans ill, VP of Evans Properties to Mr. Ron Edwards, Manager of Grove Land Utilities, LLC, as well as a copy of a more general request for service, signed by Mr. Ron Edwards, President of Evans, to the Florida Public Service Commission is provided in Appendix I. Grove Land plans to expand its utility in phases to coincide with the need for utility service for Evans property. The most immediate need for water and wastewater services for Evans is the existing residential and commercial properties, exempt and non-exempt bulk water, intensified agribusiness and the first phase of development. The requirement for utility services is planned to be completed in four (4) phases. The first phase will occur in one area each of Indian River, Okeechobee and St. Lucie Counties. Please refer to the phased development map in Appendix 1. The map labels each section of land with an ID number. Phase I will encompass ID numbers 1, 2 and 4. Phase II will encompass ID numbers 3 and 5. Grove Land is proposing to establish a single water and wastewater utility system far Indian River, Okeechobee and St. Lucie Counties. The Utility's facilities in all three counties will be functionally related and operationally integrated. Grove Land's system will be managed from a single centrally-located office. Personnel responsible for management, maintenance, customer service and administrative support will be the same for all three counties. Staffing, planning, and budgeting will be done on a system- wide basis rather than on acounty-by-county basis. Moreover, operating costs will not vary materially from county to county and rates will be uniform throughout Grove Lands's proposed service area. There is currently no central potable water or wastewater service in the service territory described in this application. No other utilities are within the area proposed to be served, and none are capable of providing the necessary level of service in the area. Since Grove Land's affiliate currently owns all of the land within the proposed service area, they will be in the best position to provide water and wastewater service in the most efficient and cost-effective manner. EXHIBIT B Grove Land Utilities (Utility) will be operating in Indian River, Okeechobee and St. Lucie Counties. Therefore, the discussion of consistency with the Comprehensive Growth Management Plan (Comprehensive Plan} will be addressed for each County separately. To the best of the Utility's knowledge, the provision of water and wastewater service within the proposed service area is consistent with the goals, policies and objectives of the Comprehensive Plan of Indian River County. Chapter 3, page 32, begins discussion of private treatment plants regarding the Sanitary Sewer sub-element. It allows for private treatment plants in land use areas designated as agriculture as long as there is clustering of residential development within the area. Chapter 3B, page 23, provides the same for potable water systems. The proposed territory has a land use element designation of agriculture 2 (AGR-2}. Chapter 1, page 69, discusses the allowed land use density of the AGR-2 land use element. The allowed density is 1 (one) dwelling un~ per 10 (ten} acre tract of land. The conceptual plan of utility services set forth in this . application is consistent with the foregoing density. To the best of the Utility's knowledge, the prevision of water and wastewater service within the proposed service area is consistent with the goals, policies and objectives of the Comprehensive Plan of Okeechobee County. The proposed territory has a land use element designation of agriculture. Section 2, page 9, discusses the allowed land use density of the agriculture land use element. The allowed density is 1 (one) dwelling unit per 10 (ten) acre tract of land. The conceptual plan of utility services set forth in this application is consistent with the foregoing density. To the best of the Utility's knowledge, the provision of water and wastewater service within the proposed service area is consistent with the goals, policies and objectives of the Comprehensive Plan of St: Lucie County. It is the Utility's understanding that St. Lucie County would ultimately like to provide ail potable water and wastewater service ~ to unincorporated areas of the County and would like utilities to connect to County facilities when they become available. tf and when utility service becomes available and it is financially feasible to connect, Grove Land will evaluate an interconnection to County facilities. The proposed territory has a land use element designation of agriculture (AG-5}. Page 1-25 of the Comprehensive Plan discusses the allowed land use density of the AG-5 land use element. The aAowed density is 1 (one} dwelling unit per 5 (five) acre tract of land. The conceptual plan of utility services set forth in this application is consistent with the foregoing density. The pertinent sections from the referenced Comprehensive Plans are included in Appendix II. rr+..:~:-•:.eoo~oxcvtwwe~m:wa~..r,... ~ ~ ti ~ ;K r~ L _ " . i -~r~ z rn ~I'. _ ~ ill yN li I y ~ ~ y m a [ ~~C ^ ?-/~~r } m ~ ~ I~ 'gyp t~~~~'~ O 1 ~ F ~ ~ u I - r,_ h i O _ r+~~. rj ~ F p~~ ~ 1 ! O G ~ ,`~$i A ~ 3 n ;~,Y lyr ~t~ . - ~ ~ r ~ ? ~ }{~~t. l i (A O ~ t"35- r I TaC ej ~ ' tt ~ ~ k~~~~^ 1 ~ m r r. :i~ ^1' ' ~p~ J_. TM mom ~ - ~ ~F_: ~ c( _ ~ ~ ~ ~ ~ D_ ,E n ~ ri ~ ~ 9 a . t. _y~- 'r"a ~ I~~#'h X1'37 4 ~ ~ - ~ ~ § r - 4Y ~ ~ ~ .fit-Y°" 1 x ° ° Kz ~ . t ,E g.. r~i.r - mia,~.' ~,'.'"`S~l "ham"" tli _ fi ~--~ipFV -r-~!• o ~ ~ g - aaa K,ae~ ~ , r ~ $ ti /~f `~1 s r ~ ~ ~>•s- y m a - - ~ ` c. m i BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Application of Grove Land Utilities, LLC Docket No. 090445-WS to operate a Water and Wastewater Utility in Indian River County, Okeechobee and St. Lucie Counties, Florida OBJECTION OF ST. LUCIE COUNTY, FLORIDA TO APPLICATION FOR ORIGINAL CERTIFICATES FOR PROPOSED WATER AND WASTEWATER SYSTEM AND REQUEST FOR INITIAL RATES AND CHARGES St, Lucie County, Florida, by and through its undersigned attorney, files the following objection to the Application by Grove Land Utilities, LLC ("Grove Land"), for Original Certificates for Proposed Water and Wastewater System and Request for Initial Rates and Charges ("Application"), and states the following: 1. The St. Lucie County Commission established the St. Lucie County Water and Sewer District on June 15, 2004 ("District"), pursuant to Chapter 153, Florida Statutes, Part II. The St. Lucie County Commission sits as the governing board of the District. The jurisdictional boundaries of the District comprise "the contiguous unincorporated areas of the County" not within the utility service areas of the Fort~Pierce Utility Authority or the City of Port St. Lucie ("District Boundary"). Within the District Boundary, the District has the exclusive right to provide water and wastewater utility service. Pursuant to Chapter 153, Part II, Florida Statutes, no water or wastewater facilities may be constructed without the prior consent of the District. 2. The Territory Description set forth in Exhibit P of the Application includes property located in unincorporated St. Lucie County ("St. Lucie County Territory"). The St. Lucie County Territory falls within the District Boundary. The St. Lucie County Commission, sitting as the governing board of the District, has not consented to Grove Land providing water and sewer service within the District Boundary. Accordingly, Grove Land has failed to meet the statutory prerequisite in Chapter 153, Part II, to obtain consent of the District, and cannot include the St. Lucie County Territory in its Application with the Commission. 3, The District currently has a 20-Year Water Consumptive Use Permit issued by the South Florida Water Management District on March 13, 2008, ("CUP) to serve the 20- Oyear potable water needs of the current and future customers within the District Boundary. The CUP includes an allocation of water for future water service to the St. Lucie County Territory and surrounding territory. Pursuant to the District's adopted Utility Extension 5:\ATTY\SUITS\Grove Land-Objection.wpd -1- Policy, the property owners within the St. Lucie County Territory may obtain water and wastewater utility service from the District in accordance with the terms of the Utility Extension Policy. Accordingly, there is no need for water and wastewater utility service to the St. Lucie County Territory by Grove Land. Based on the foregoing, St. Lucie County objects to the Grove Land Application and requests the Commission deny the Application to the extent of removing the St. Lucie County Territory from consideration by the Commission. Daniel 5. McIntyre County Attorney Florida Bar No. 287571 2300 Virginia Avenue Fort Pierce, Florida 34982 Telephone (772) 462-1420 Fax No.: (772) 462-1440 I hereby certify that on the day of October 2009, this Objection was filed with the Office of Commission- Clerk, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 323099-0850 and mailed to Grove Land Utilities, LLC, 660 Benchland Boulevard, Suite 301, Vero Beach, Florida 32963. Daniel 5. McIntyre 5:\ATTY\SUITS\Grove Land-Objection.wpd -2- BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Application of Grove Lnnd Utilities, LLC Docket No. 090445-WS to operate a Water and Wastewater Utility in Indian River County, Okeechobee and St. Lucie Counties, Florida OBJECTION OF ST. LUCIE COUNTY, FLORIDA TO APPLICATION FOR ORIGINAL CERTIFICATES FOR PROPOSED WATER AND WASTEWATER SYSTEM AND REQUEST FOR INITIAL RATES AND CHARGES St. Lucie County, Florida, by and through its undersigned attorney, files the following ob jection to the Application by Grove Land Utilities, LLC ("Grove Land"), for Original Certificates for Proposed Water and Wastewater System and Request for Initial Rates and Charges ("Application"), and states the following: 1. The St. Lucie County Commission established the St. Lucie County Water and Sewer District on June 15, 2004 ("District"), pursuant to Chapter 153, Florida Statutes, Part II. The St. Lucie County Commission sits as the governing board of the District. The jurisdictional boundaries of the District comprise "the contiguous unincorporated areas of the County" not within the utility service areas of the Fort Pierce Utility Authority or the City of . Port St. Lucie ("District Boundary"). Within the District Boundary, the District has the exclusive right to provide water and wastewater utility service. Pursuant to Chapter 153, Part II, Florida Statutes, no water or wastewater facilities may be constructed without the prior consent of the District. 2. The Territory Description set forth in Exhibit P of the Application includes property located in unincorporated St. Lucie County ("St. Lucie County Territory"). The St. Lucie County Territory falls within the District Boundary. The owners of the property within the St Lucie County Territory have not requested the District to provide water and sewer service nor notif ied the District of any need for water and sewer services. Nor has Grove Land submitted a request to the District for consent to provide water and sewer service within the District Boundary. The St. Lucie County Commission, sitting as the governing board of the District has not consented to Grove Land providing water and sewer service within the District Boundary. Accordingly, Grove Land has failed to meet the statutory prerequisite in Chapter 153, Part II, to obtain consent of the District, and cannot include the St. Lucie County Territory in its Application with the Commission. 3. The District currently has a 20-Year Water Consumptive Use Permit issued by the South Florida Water Management District on March 13, 2008, ("CUP) to serve the 20-year 5:\ATTY\SUITS\Grove Land-Objection.wpd -1- .r potable water needs of the current and future customers within the District Boundary. The CUP includes an allocation of water for future water service to the St. Lucie County Territory and surrounding territory. Pursuant to the District's adopted Utility Extension Policy, the property owners within the St. Lucie County Territory may obtain water and wastewater utility service from the District in accordance with the terms of the Utility Extension Policy. Accordingly, there is no need for water and wastewater utility service to the St. Lucie County Territory by Grove Lnnd. 4. Pursuant to the St. Lucie County Comprehensive Plan, Chapter 6(A) Sanitary Sewer Sub-Element and Chapter 6(D) Potable Water Sub-Element, Objective 6A.1.1 and Goal 6D.1, public utilities cannot be provided in a manner that promote sprawl and leapfrog development. As the St. Lucie County Territory is far removed from existing development and is rural/agricultural in nature, granting Grove Land's Application will violate these Comprehensive Plan requirements by promoting sprawl and leapfrog development. Accordingly, the Grove Land Application should be denied as inconsistent with and not inconformity with the goals, policies and objectives of the County Comprehensive Plan. Based on the foregoing, St. Lucie County objects to the Grove Land Application and requests the Commission deny the Application to the extent of removing the St. Lucie County Territory from consideration by the Commission. Daniel 5. McIntyre County Attorney Florida Bar No. 287571 2300 Virginia Avenue Fort Pierce, Florida 34982 Telephone: (772) 462-1420 Fax No.: (772) 462-1440 I hereby certify that on the day of October 2009, this Objection was filed with the Office of Commission Clerk, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 323099-0850 and mailed to Grove Land Utilities, LLC, 660 Beachland Boulevard, Suite 301, Vero Beach, Florida 32963. Daniel 5. McIntyre 5;\ATTY\SUITS\Grove Land-Objection.wpd -2- AGENDA REQUEST ITEM NO.~ - - - DATE: October 6, 2009 ~ REGULAR [XX] PUBLIC HEARING CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Application of Bluefield Utilities LLC to Operate a Water and Wastewater Utility to Provide Services in a Portion of St. Lucie County BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends thnt the Board authorize the County Attorney to file the Objection with the Florida Public Service Commission. COMMISSION ACTION: CONCURRENCE: pfJ APPROVED [ ]DENIED [ ]OTHER: Approve 4-1 Comm. Craft voting no. Faye W. Outlaw, MPA County Administrator ' ~ Review and Approvals County Attorney: Management & Budget Purchasing: Dnniel 5. McIntyre Originating Dept, Public Works Dir: County Eng.: Finance: (Check for copy only, if applicnble) Eff. 5/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA • TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 09-1264 DATE: September 28, 2009 SUBJECT: Application of Bluefield Utilities, LLC to Operate n Water and Wastewater Utility to Provide Service in a Portion of St. Lucie County BACKGROUND: On September 29, 2009, the County received a "Legal Notice" doted September 15, 2009, notifying the County that Bluefield Utilities, LLC ("Bluefield") has applied to the Florida Public Service Commission to operate a water and wastewater utility to provide service to territory in Indian River, Okeechobee and St. Lucie Counties. A copy of a map locating the property in St. Lucie County is attached, A copy of the pertinent portion of the Application filed by Bluefield Utilities, LLC is also attached. The legal notice provides that any objection must be in writing and filed with the Office of Commission Clerk, Florida Public Service Commission within thirty days from September 15, 2009. The property in St. Lucie County that Bluefield proposes to serve in St. Lucie County is within the service territory of the St. Lucie County Water and Sewer District. The Board established the District on June 15, 2004. Pursuant to Chapter 153, Part II, Florida Statutes, the County has the exclusive right to provide water and wastewater utility service within the District boundaries, No water and wastewater facilities may be constructed without the prior consent of the District. In addition, the South Florida Water Management District issued a 20-year Consumptive Water Use Permit to serve the 20-year water needs of current and future customers of the County District. The Consumptive Use Permit includes the property which is the subject of the Application filed by Bluefield. A draft Objection is attached for Board consideration. RECOMMENDATION/CONCLUSION : Staff recommends that the Board authorize the County Attorney to file the Objection with the Florida Public Service Commission. Respec ully submitte n ~ / Daniel S, McIntyr County Attorney DSM/caf Attachments Bluefield Utilities 0 1.5 3 6 Miles Angle Rd Approximate Subject Areas o~ Orange Ave d q N G 4~ T: F ~ ~ ~ ~ _ 1 ~ ~ ' C i ~ ~ ~e Rd Y ~ m ~ ¦ oKeg~ _ t t i { Midway Rd n:. ~ ~~a ~ i ~ GJ~ t = ~ ! m ~ _ ~ ~ m ~ G~ m ~ V~®` m c o~i E F~ m I, m. 1 f m 4 .d j ~G ~ t c, ~CrOSStown Pkwy m i 1 m o [ ~ m - V ~ gar ~ O a ! N i V ~ Gatllrt 81vd E E t r E V- rt7 i C t ~ s # ~ E t i i i e - o~ccv u+Ea unry m aniatnn or,~'.aranty as ro the cw!~.t seep. sore ~accu~racl. /t~,malness.o om0~eraness of y of tte geoaata .nbnnetron prwbae nara~n. ina rea~ter snoul,~. ~ ~wt rely on Us data rxvvr~cd nerein k: any reason St co~;my eroticay de~ams anv represanrat:ons ana wamantes. <ca:nn. xrtnmrum,tm;on me ~mpea+-a.-am sur mercnama3aey a~a rmess rG' a Dart war oovose. ~ t Dump snan ass.,me ~.o waa~ay mr i nny enors_ o n na Legend ~ t~Y-a a3taCi~~-' C.+t~r' r., ^3 BWIduW Catddxtn. f~ n l a2 ac Proposed Cert'rficate Limit 1. tzt ou ~ gut c«rmlan:. Proposed 1 ~r ~ 3» Alternative - 1it _ i' •-Midway Water Main ~j ~ 3~ ~ ' ® y~ ~ at aC 9uiaow cortdilia+ Evans Properties ~ { _ ~ is Du ezs ac Phase t (2,969 AC) 9tpldoul Candnbn 1 ~ 753 AC 1 =Phase 2 (4,593 AC) 8u KIOUI Gatililipl. Phase 3 (4,960 AC) tS34 AC ~ - t41 W Sal AC : 33t AC BuIIdoN Card'aion: BwWour Cond as =,4 ~ y au4doul Condition: r Phase 4 (t ,459 AC) 128 DU ; 50 DU ~ 80 DU PhaseS(215AC) .x (I ~1 . Phase 6 (242 AC) ® a County Fair Ground .t ' Port Si. Lucie Planning Service Area _ Ctty of i : ~ -Port St. Luae Slate Road 588 A~ ,,,ill - -j ~ drxWrwt Cond 4M ~ i3>; Fer 'Or County Road ~ ~ tt3DU Go~w~a Utili Service Areas x"`[ - c.~~}' ~ ~ ~ ty y~ k+.'~~.~ .t~rr.f 1 t;-' X152 AC i 1 ' I F.. J» fi 1'a:L I : ~ y Burklatl GaaYdrm' . City LimitB d8,j~ 3 r ~'~'rab ~ ' a 30 DU ~Counly Limit * -»+T~ ~~e~r . $ ® N. St. Lucie Water District ~ ~ _ 1 ~ 1- Seclbn, Township, Range ~R tag AC I Railroad ~ a k' Buldout Condition ~ r 3o Du 71c "'k} tiuiWOUt CatWtion tgl DU :S~„ - ~ ; I .v: - 1 ;y: ~a. aa,: is Clty of ~ Purt SL'wao f 1 r* ~,~t 2s52ae se ~ '•~.3...- 585 DU ^"~.N` ,~,ry~[ ~ iiA"~ 384 AC ~ 54DU~."r .31i' 729 AC ~ P ~ ~ ' ~ t Bufldoul Cordllbn: Dudtloul Coltdt on i` £ ~ 2a2 ac t '+l.~ l s At ~ { I~ i 6y11dGU1 GOndafon: ,._3 nA. k7 h f (:a1dr An' w . , ~ - - r~ 3 9 0 ..ssx pr ' _ alcu~ DEVELOPMENT PHASES -DRAFT ~ ~ BLUEFIELD UTILITIES ~ " I z t(a) 7v Pv:e 'r.5 e r 20 Orlando 802001 ~ 4 I EVANS PROPERTIES, INC. (PO N67538O) Psu7a278J90 r'cursd3tmo ~ BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION C.~ In re: Application of Bluefield Utilities, LLC Docket No. O 0 to operate a Water and Wastewater Utility in Martin and St. Lucie Counties, Florida. Filed: September 25, 2009 APPL{CATION FOR ORIGINAL CERTIFICATES FOR PROPOSED WATER AND WASTEWATER SYSTEM AND REQUEST FOR INITIAL RATES AND CHARGES Bluefield Utilities, LLC (the "Utility"), by and through its undersigned attorney and pursuant to Sections 367.031 and 367.045, Florida Statutes, and Rule 25-30.033, Florida Administrative Code, files this application for original certificates to operate a water and wastewater utility in Martin and St. Lucie Counties and for approval of initial rates and charges ("Application"). The Application is attached. In support of the Application, the Utility states: 1. The Utility's name and address are: Bluefield Utilities, LLC 660 Beachland Blvd., Suite 301 Vero Beach, FL 32963 2. The names and addresses of the Utility's authorized representatives are: Ronald Edwards, Manager Bluefield Utilities, LLC 660 Beachland Blvd., Suite 301 Vero Beach, FL 32963 Phone: (772) 234-2410 . Fax: {772) 234-6059 ~~s , and Michael Minton Dean, Mead, Minton & Zwemer 1903 South 25th Street, Suite 200 Fort Pierce, Florida 34947 z ` ` Phone: (772) 464-7700 ~ Fax: {772) 464-7877 ~Orl;~-±: ~ ~r` '-ii:::~ C',•' . °9921 s~i~2:o ct~S~~-Gi! 3. The Utility is subject to exclusive jurisdiction of the Commission because its service will transverse the boundaries of Martin and St. Lucie Counties, Florida. Section 367.171(7), Florida Statutes. 4. Pursuant to Rule 25-30.030(2), Florida Administrative~Code, the Utility has obtained from the Commission a list of names and addresses of the entities entitled to receive notice of the Application ("Notice List"). 5. Within seven (7) days of filing this Application, the Utility will provide notice of the Application by regular mail to: (a) the governing bodies of Martin and St. Lucie Counties, Florida; (b) the governing bodies of all municipalities within Martin and St. Lucie Counties, Florida, stated on the Notice List; (c) the regional planning councils designated on the Notice List; (d) all water and wastewater utilities on the Notice List; (e) the Office of Public Counsel; (f) the Commission's Director of the Commission Clerk and Administrative Services; (g) the appropriate regional offices of Florida Department of Environmental Protection ("FDEP") (West Palm Beach); (h) the appropriate Water Management District; and (i) other entities stated on the Notice List. Such notice will contain all information required under Florida Administrative Code Rule 25-30.030(4) 6. Within seven (7) days of filing this Application, the Utility will provide a copy of the notice of the Application to the prospective customers of the system to be certificated. 7. Within seven (7) days of filing this Application, the Utility will publish notice of the Application once in a newspaper of general circulation in the territory proposed to be served. - 8. Within fifteen (15) days of filing this Application, the Utility will submit affidavits to the Commission verifying that it has provided notice of its Application, along with a copy of the notice and list of entities receiving the notice pursuant to Florida Administrative Code Rule 25-30.030. 9. Included in the Application are all information, documents, and maps required by Florida Administrative Code Rule 25-30.033, including facts demonstrating the Utility's ability to provide service, the area and facilities involved, the need for service in the area involved, and the existence or nonexistence of services from other utilities in the proposed service area. Also included in the Application are Schedules showing all rates, classifications, charges for service of every kind proposed by the Utility, and all rules, regulations and service availability policies. 10. The application fee required by Section 367.145, Florida Statutes, and Florida Administrative Code Rule 25-30.020, has been submitted to the Commission Clerk of Administrative Services, along with the filing of this Application. WHEREFORE, the Utility requests that the Commission: a. Grant Utility's application for original certificates for a proposed water and wastewater system; b. Approve initial rates and charges for the Utility; c. Issue certificates of authorization for the water and wastewater system; and d. Grant such other relief as appropriate. Respectfully submitted this 25th day of September, 2009. DE~1, MEAD~,MINTON &Z1I1,lEMER U Michael Minton Dean, Mead, Minton & Zwerner 1903 South 25th Street, Suite 200 Fort Pierce, Florida 34947 Phone: (772) 464-7700 Fax: (772) 464-7877 Attorney for Bluefield Utilities, LLC APPLICATION FOR ORIGINAL CERTIFICATE FOR A PROPOSED OR EXISTING SYSTEM REQUESTING INITIAL RATES AND CHARGES (Pursuant to Section 367.045, Florida Statutes) To: Office of Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399-0850 The undersigned hereby makes application for original certificate(s) to operate a water and wastewater utility in Martin and St. Lucie Counties, Florida, and submits the following information: PART I APPLICANT INFORMATION A) The full name (as it appears on the certificate), address and telephone number of the applicant: Bluefield Utilities LLC Name of utility (772) 234-2410 (772) 234-6059 - Phone No. Fax No. 660 Beachland Blvd., Suite 301 Office street address Vero Beach Florida 32963 City State Zip Code Mailing address if different from street address Internet address if applicable B) The name, address and telephone number of the person to contact concerning this application: Ronald Edwards, Manager -Bluefield Utilities, LLC {772) 234-2410 Name Phone No. 660 Beachland Blvd., Suite 301 1 so Street address ,N Vero Beach Florida 32963 ~ City State Zip Code - - fJ~ ~ (.7 y ~J 1 and Michael Minton -Dean Mead Minton & Zwemer (772) 464-7700 Name Phone No. 1903 South 25`h St. Suite 200 Street address Ft. Pierce Florida 34947 City ~ State Zip Code and Gerald Hartman PE BCEE ASA - GAI Consultants (407) 423-8398 Name Phone No. 301 E. Pine St. Suite 1020 Street address Orlando Florida 32801 City State Zip Code C) Indicate the organizational character of the applicant: (circle one) Corporation Partnership Sole Proprietorship Other: Limited Liability Company (Specify) D) If the applicant is a corporation, indicate whether it has made an election under Internal Revenue Code Section 1362 to be an S Corporation: Yes No X E) If the applicant is a corporation, list names, titles and addresses of corporate officers, directors, partners, or any other person(s) or entities owning an interest in the applicant's business organization. (Use additional sheet if necessary). T_he Applicant is an LLC wholly owned by Evans Utilities Company, Inc. Evans Utilities is the sole member of Applicant. F) If the applicant is not a corporation, list names and addresses of all persons or entities owning an interest in the organization. (Use additional sheet if necessary.) Not Applicable 2 - • PART II NEED FOR SERVICE A) Exhibit A - A statement regarding the need for service in the proposed territory, such as anticipated (or actual) development in the area. Identify any other utilities within the area proposed to be served which could potentially provide such service in the area and the steps the applicant took to ascertain whether such other service is available. B} Exhibit B - A statement that to the best of the applicant's knowledge, the provision of service will be consistent with the water and wastewater sections of the local comprehensive plan, as approved by the Department of Community Affairs at the time the application is filed. If the provision of service is inconsistent with such plan, provide a statement demonstrating why granting the certificate would be in the public interest. PART III SYSTEM INFORMATION A) WATER (1) Exhibit C - A statement describing the proposed type(s) of water service to be provided (i.e., potable, non-potable or of {2) Exhibit D -The number of equivalent residential connections (ERCs) proposed to be served, by meter size and customer class. If development will be in phases, separate this information by phase. In addition, if the utility is in operation, provide the current number of ERCs by meter size and customer class. {3) Description of the types of customers anticipated (i.e., single family, mobile homes, clubhouse, commercial; etc.): The Applicant currently is proposing to serve general service, residential, intensified agribusiness, and exempt and non-exempt bulk service customers. (4} In the case of an existing utility, provide the permit number and the date of approval of facilities by the Department of Environmental Protection (DEP) or the agency designated by DEP to issue permits: N/A 3 (5) Indicate the design capacity of the treatment plant in terms of equivalent residential connections (ERCs) and gallons per day (gpd). If development will be in phases, separate this information by phase. 279 (ERCs) 97,650 (GPD) Phase 1 734 (ERCs) 256.900 (GPD) Phase II Max 924 (ERCs) 323,400 (GPD) Phase III Max 299 (ERCs) 104.650 (GPD) Phase IV Max 11 (ERCs) 3.850 (GPD) Phase V Max 12 (ERCs) 4,200 (GPD) Phase VI Max (6) Indicate the type of treatment: W ater facilities for Phase I will provide chlorination via a hypochlorinator for disinfection purposes. Phases II through VI are vet to be determined. (7) Indicate the design capacity of the transmission and distribution lines in terms of ERCs and gpd. If development will be in phases, separate this information by phase. 279 (ERCs) 97.650 (GPD) Phase I 734 (ERCs) 256,900 (GPD) Phase II Max 924 (ERCs) 323.400 (GPD) Phase III Max 299 (ERCs) 104.650 (GPD) Phase IV Max 11 (ERCs) 3,850 (GPD) Phase V Max 12 (ERCs) 4,200 (GPD} Phase VI Max (8) Provide the date the applicant began or plans to begin serving customers: Service will begin as soon as immediately possible after certification and rate approval by the Commission. (9) .Exhibit E -Evidence, in the form of a warranty deed, that the utility owns the land where the water facilities are or will be located. If the utility does not own the land, a copy of the agreement which provides for the long term continuous use of the land, such as a 99-year lease. The Commission may consider a written easement or other cost-effective alternative. The applicant may submit a contract for the purchase and sale of land with an unexecuted copy of the warranty deed provided the applicant files an executed and recorded copy of the deed, or executed copy of the lease, within thirty days after the order granting the certificate. 4 B} WASTEWATER (1) Exhibit F -The number of equivalent residential connections (ERCs) proposed to be served, by meter size and customer class. If development will be in phases, separate this information by phase. In addition, if the utility is in operation, provide the current numberof ERCs by metersize and customer class. (2) Description of the types of customers anticipated (i.e., single family, mobile homes, clubhouse, commercial, etc.): The Applicant currently is proposing to serve mainly general service and residential customers within the proposed service area. (3) In the case of an existing utility, provide the permit number and the date of approval of facilities by the Department of Environmental Protection (DEP} or the agency designated by DEP to issue permits: WA (4) Indicate separately the design capacity of the treatment plant and effluent disposal system in terms of equivalent residential connections (ERCs) and gallons per day (gpd). If development will be in phases, separate this information by phase. 259 (ERCs) 69,930 (GPD) Phase I 734 (ERCs} 198.180 (GPD) Phase II Max 924 (ERCs) 249,480 (GPD) Phase III Max 299 (ERCs) 80,730 (GPD) Phase IV Max 11 (ERCs) 2,970 (GPD) Phase V Max 12 (ERCs) 3,240 (GPD) Phase VI Max (5) Indicate the method of treatment and disposal (percolation pond, spray field, etc.): The type of treatment and disposal for Phase I will be glow-pressure system utilizing a 5,000 gallon septic tank and accompanying drain-field in Martin County and pre-engineered wastewater treatment plants utilizing an extended aeration/MLE treatment process with percolation ponds in St. Lucie County. The full extent of treatment required for future Phases has not yet been determined. 5 (6) Exhibit G - If the applicant does not propose to use reuse as a means of effluent disposal, provide a statement that describes, with particularity, the reasons for not using reuse. (7} Indicate the design capacity of the collection lines in terms of ERCs and GPD. If development will be in phases, separate this information by phase. 259 (ERCs) 69,930 (GPD) Phase I 734 (ERCs) 198.180 (GPD) Phase II Max 924 (ERCs) 249,480 (GPD) Phase III Max 299 (ERCs) 80.730 _ (GPD) Phase IV Max 11 (ERCs) 2,970 (GPD) Phase V Max 12 (ERCs) 3.240 (GPD) Phase VI Max (8) Provide the date the applicant began or plans to begin serving customers: Service will begin as soon as immediately possible after certification and rate approval by the Commission. (9) Exhibit H -Evidence, in the form of a warranty deed, that the utility owns the land where utility treatment facilities are or will be located. If the utility does not own the land, a copy of the agreement which provides for the long term continuous use of the land, such as a 99-year lease. The Commission may consider a written easement or other cost-effective alternative. The applicant may submit a contract for the purchase and sale of land with an unexecuted copy of the warranty deed provided the applicant files an executed and recorded copy of the deed, or executed copy of the lease, within thirty days after the order granting the certificate. PART IV FINANCIAL AND TECHNICAL INFORMATION A) Exhibit 1 - A statement regarding the financial and technical ability of the applicant to provide reasonably sufficient and efficient service. B) Exhibit J - A detailed financial statement (balance sheet and income statement), certified if available, of the financial condition of the applicant, showing all assets and liabilities of every kind and character. The income statement shall be for the preceding calendar or fiscal year. If an applicant has not operated for a full year, then the income statement shall be for the lesser period. The financial statement shall be prepared in accordance with Rule 25-30.1 15, Florida Administrative Code. If available, a statement of the source .6 and application of funds shall also be provided. C} Exhibit K - A list of all entities, including affiliates, upon which the applicant is relying to provide funding to the utility, and an explanation of the manner and amount of such funding, which shall include their financial statements and any financial agreements with the utility. This requirement shall not apply to any person or entity holding less than 10 percent ownership interest in the utility. D) Exhibit L - A schedule showing the projected cost of the proposed system (or actual cost of the existing system) by uniform system of accounts (USOA) account numbers pursuant to Rule 25-30.115, F.A.C. In addition, provide the capacity of each component of the system in ERCs and gallons per day. If the utility will be built in phases, this schedule shall apply to the design capacity of the first phase only. Provide a separate exhibit for the water and sewer systems. E) Exhibit M - A schedule showing the projected operating expenses of the proposed system by USDA account numbers when 80 percent of the designed capacity of the system is being utilized. If the utility will be built in phases, this schedule shall apply to the design capacity of the first phase only. In addition, if the utility has been in existence for at least one year, provide actual operating expenses for the most recent twelve months. Provide a separate exhibit for the water and sewer systems. F} Exhibit N - A schedule showing the projected capital structure, including the methods of financing the construction and operation of the utility until the utility reaches 80 percent of the designed capacity of the system(s). G) Exhibit O - A cost study, including customer growth projections, which supports the proposed rates, miscellaneous service charges, customer deposits and service availability charges. A sample cost study is enclosed with the application package. Provide a separate cost study for the water and sewer systems. H) Exhibit N/A - If the base facility and usage rate structure (as defined in Rule 25-30.437(6), F.A.C.) is not utilized for metered service, provide an alternative rate structure and a statement supparting why the alternative is appropriate. I) Exhibit N/A - If a different return on common equity other than the current equity leverage formula established by order of the Public Service Commission pursuant to Section 367.081(4), F.S. is utilized, provide competent substantial evidence supporting the use of a different return on common equity. Information on the current equity leverage formula may be obtained by contacting the accounting section at the listed number. 7 PART V ALLOWANCE FOR FUNDS USED DURING CONSTRUCTION (AFUDCI Please note the following: A) Utilities obtaining initial certificates pursuant to Rule 25-30.033, F.A.C., are authorized to accrue AFUDC for projects found eligible pursuant to Rule 25- 30.116(1), F.A.C. B) A discounted monthly AFUDC rate calculated in accordance with Rule 25- 30.116(3), F.A.C., shall be used to insure that the annual AFUDC charged does not exceed authorized levels, C) The date the utility shall begin to charge the AFUDC rate shall be the date the certificate of authorisation is issued to the utility so that such rate can apply to initial construction of the utility facilities. PART VI TERRITORY DESCRIPTION AND MAPS A) TERRITORY DESCRIPTION Exhibit P - An accurate description, using township, range and section references as specified in Rule 25-30.030(2), Florida Administrative Code. If the water and wastewater service territories are different, provide separate descriptions. B) TERRITORY MAPS Exhibit Q -One copy of an official county tax assessment map or other map showing township, range and section with a scale such as 1 "-200' or 1 "=400' on which the proposed territory is plotted by use of metes and bounds or quarter sections and with a defined reference point of beginning. If the water and wastewater service territories are different, provide separate maps. C) SYSTEM MAPS Exhibit R -One copy of detailed map(s) showing proposed lines, facilities and the territory proposed. Additionally, identify any existing lines and facilities. Map(s) should be of sufficient scale and detail to enable correlation with a description of the territory to be served. Provide separate maps for water and wastewater systems. 8 PART VII NOTICE OF ACTUAL APPLICATION A) Exhibit S - An affidavit that the notice of actual application was given in accordance with Section 367.045(1)(a), Florida Statutes, and Rule 25-30.030, Florida Administrative Code, by regular mail to the following: (1) the governing body of the municipality, county, or counties in which the system or the territory proposed to be served is located; (2) the privately owned water and wastewater utilities that hold a certificate granted by the Public Service Commission and that are located within the county in which the utility or the territory proposed to be served is located; (3) if any portion of the proposed territory is within one mile of a county boundary, the utility shall notice the privately owned utilities located in the bordering counties and holding a certificate granted by the Commission; (4) the regional planning council; (5) the Office of Public Counsel; (6) the Public Service Commission's Director of the Division of the Commission Clerk and Administrative Services; (7) the appropriate regional office of the Department of Environmental Protection; (8) and. the appropriate water management district. Copies of the Notice and a list of entities noticed shall accompany the affidavit. THIS MAY BE A LATE-FILED EXHIBIT , B) Exhibit T - An affidavit that the notice of actual application was given in accordance with Rule 25-30.030, Florida Administrative Code, by regular mail or personal delivery to each customer of the system. A copy of the notice shall accompany the affidavit. THIS MAY BE A LATE-FILED EXHIBIT. C) Exhibit U -Immediately upon completion of publication, an affidavit that the notice of actual application was published once in a newspaper of general circulation in the territory in accordance with Rule 25-30.030, Florida Administrative Code. A copy of the proof of publication shall accompany the affidavit. THIS MAY BE A LATE-FILED EXHIBIT. 9 PART VIII FILING FEf= Indicate the filing fee enclosed with the application: $ 2,250.00 (for water) and $ 2 250.00 (for wastewater). Note: Pursuant to Rule 25-30.020, Florida Administrative Code, the amount of the filing fee as follows: (1) For applications in which the utility has the capacity to serve up to 500 ERC's, the filing fee shall be $750. (2) For applications in which the utility has the capacity to serve from 501 to 2,000 ERC's the filing fee shall be $1,500. (3) For applications in which the utility has the capacity to serve from 2,001 ERC's to 4,000 ERC's the filing fee shall be $2,250. (4) For applications in which the utility has the capacity to serve more than 4,000 ERC's the filing fee shall be $3,000. PART IX TARIFF Exhibit V -The original and two copies of water and/or wastewater tariff(s) containing all rates, classifications, charges, rules and regulations. Sample tariffs are enclosed with the application package. 10 PART X AFFIDAVIT I f~?o u ~ U~ ,t... ~ DW P? ~~~5 (applicant) do solemnly swear or affirm that the facts stated in the foregoing application and all exhibits attached thereto are true and correct and that said statements of fact thereto constitutes a complete statement of the matter to which it relates. BY: ~ Applicant's Signature Appnlicant's Name (Typed) Applicant's Title " Subscribed and sworn to before me this day of,~.~,a._,_ month in the year of 20 r`~ by r C- C._,~~w~ ~~5 who is personally known to me _ _ or prodUCed identification ~ ~ Type of Identification Produced . ^ lull ~ary Pub ic's Signature i ; n«r-8u~~nn:1 Sri-ut:.~>iut Cit?7aS39; Print, Type ar Stamp Commissioned Name of atary 'If applicant is a corporation, the affidavit must be made by the president or other officer authorized by the by-laws of the corporation to act far it. If applicant is a partnership or association, a member of the organization authorized to make such affidavit shall execute same. 11 TABLE OF CONTENTS EXHIBITS Exhibit Name A Need for Service g Consistency with Local Comprehensive Plan C Customers, Facility and Services p Number of ERCs to be Served-Water E Land Ownership for Water Facilities F Number of ERCs to be Served-Wastewater G Use of Reuse Fi Land Ownership for Wastewater Facilities I Financial and Technical Ability ~ Detailed Financial Statement K Funding of Utility L Projected Cost of the System M Operating Expenses N Projected Capital Structure O Cost of Service Study _ P Territory Description q Tax Assessment Maps ao : J 1 _ ~ R System Maps ~ ~ W S Affidavit: Notice of Application _ T Affidavit; Notice to Customers U Affidavit; Notice of Publication ~ r V Water Tariff and Wastewater Tariff EXHIBIT A Bluefield Utilities, LLC (Bluefield) proposes to provide potable and non-potable water and wastewater services to bulk exempt, bulk non-exempt, intensified agribusiness, residential and general service customers from the service territory described in this application within Martin and St. Lucie Counties. Bluefield's affiliate, Evans Properties, Inc., (Evans) owns all of the land inside the service boundaries of the Utility. In addition to existing houses, shops and offices that . have a need for central service, Evans has plans for utilizing utility services for a variety of ventures. A copy of a request for service letter for existing facilities, signed by Mr. J. Emmet Evans III, VP of Evans Properties to Mr. Ron Edwards, Manager of Bluefield Utilities, LLC, as well as a copy of a more general request for service, signed by Mr. Ron Edwards, President of Evans, to the Florida Public Service Commission is provided in Appendix 1. The existing properties mentioned in Mr. Evans' request for service will be given service as phasing allows. Bluefield plans to expand its utility in phases to coincide with the need for utility service for Evans property. The most immediate need for water and wastewater services for Evans is the existing residential and commercial properties, exempt and non-exempt bulk water, intensified agribusiness and the first phase of development. The requirement for utility services is planned to be completed in six phases. The first phase will occur in two areas of St. Lucie County and one area of Martin County. • - Please refer to the phased development map in Appendix I. The map labels each iv ` section of land with an ID number. Phase I will encompass ID numbers 1, 2 and 16. ~ ~ Bluefield is proposing to establish a single water and wastewater utility system for bott~~ rn a Martin and St. Lucie Counties. The Utility's facilities in both counties will be functionally related and operationally integrated. Bluefield's system will be managed from a single' ~ centrally-located office. Personnel responsible for management, maintenance, customer service and administrative support will be the same for both counties. Staffing, planning, and budgeting will be done on a system-wide basis rather than on a county-by-county basis. Moreover, operating costs will not vary materially from county to county and rates will be uniform throughout Bluefield's proposed service area. There is currently no central potable water or wastewater service in the service territory described in this application. No other utilities are within the area proposed to be seared, and none are capable of providing the necessary level of service in the area. Since Bluefield's affiliate currently owns all of the land within the proposed service area, they will be in the best position to provide water and wastewater service in the most efficient and cost-effective manner. EXHIBIT B Bluefield Utilities, LLC (Utility) will be operating in both Martin and St. Lucie Counties. Therefore, the discussion of consistency with the Comprehensive Growth Management Plans (Comprehensive Plan) will be addressed for each County separately. To the best of the Utility's knowledge, the provision of water and wastewater service within the proposed service area is consistent with the goals, policies and objectives of the Comprehensive Plan of Martin County. Chapter 2, Section 2.2.H and Section 2.2.1 of the Comprehensive Plan discusses the provision of needed wastewater and potable water facilities in a timely, cost efficient manner, which protects the public health. It is the Utility's understanding that Martin County would ultimately like to provide all potable water and wastewater service to unincorporated areas of the County and would like utilities to connect to County facilities when they become available. If and when utility service becomes available and it is financially feasible to connect, Bluefield will evaluate an Interconnection.to County facilities. The proposed territory has a land use element designation of agriculture (AGR). Section 4.4.M, paragraph 1.a discusses the allowed land use density of the AGR land use element. The allowed density is one dwelling unit per twenty acre tract of Land. The conceptual plan of utility services set forth in this application is consistent with the foregoing density. To the best of the Utility's knowledge, the provision of water and wastewater service within the proposed service area is consistent with the goals, policies and objectives of the Comprehensive Plan of St. Lucie County. It is the Utility's understanding that St. Lucie County would ultimately like to provide all potable water and wastewater service to unincorporated areas of the County and would like utilities to connect to County facilities when they become available. If and when utility service becomes available and it is financially feasible to connect, Bluefield will evaluate an interconnection to County facilities. The proposed territory has a land use element designation of agriculture (AG-5). Page 1-25 of the Comprehensive Plan discusses the allowed land use density of the AG-5 land use element. The allowed density is one dwelling unit per five-acre tract of land. The conceptual plan of utility services set forth in this application is consistent with the foregoing density. The pertinent sections from the referenced Comprehensive Plans are included in Appendix !I. EXHIBIT C Bluefield plans to provide potable and non-potable water and wastewater service to exempt and non-exempt bulk customers, various existing structures including maintenance shops and several houses, intensified agribusiness, and new development throughout the proposed service territory which traverses the boundaries between Martin and St. Lucie Counties. The water will be chlorinated and will meet-ail Florida Department of Environmental Protection (FDEP) requirements for public drinking water. In Martin County, Phase I utility services are planned that can serve the equivalent of developing the approximately 365 acres with an allowed density of 1 dwelling unit per 20 acres or approximately 18 ERCs. Potable water service will be provided by modifying existing wells. Wastewater service will be provided by the use of a low- pressure wastewater treatment system, utility grinder pumps, and a 5,000 gallon septic tank. In St. Lucie County, Phase 1 will consist of utility services that are planned to serve the equivalent of developing 2 parcels of land. One parcel is approximately 2,273 acres and the other is approximately 331 acres. The approved density of those parcels is 1 dwelling unit per 5 acres. Although the 2,273 acre parcel could serve up to 454 ERCs based on the approved density, utility services are being designed to serve approximately 201 ERCs on the 2,273 acre parcel with any utility services needed on the west side of the property. The 331 acre parcel has utility services designed to provide service to 60 ERCs. Of the 201 ERCs on the 2,273 acre parcel, 20 will be on septic tanks while the remaining 181 will be served by two 25,000 gallon per day (gpd) wastewater package treatment plants utilizing Extended Aeration (EA)/Modified ' Ludzack-Ettinger (MLE) treatment for nitrogen removal. The 60 ERCs on the 331 acre parcel will be served by two 10,000 gpd wastewater package treatment plants utilizing EA/MLE treatment. There will be several interconnected sites throughout the proposed service area once all phases are developed to insure efficient water service. The Utility's system will be managed from one centrally located office. Personnel responsible for the management, raintenance, customer service, and administrative support will be the same the Utility's operation in both counties. Staffing, planning, and budgeting will be done on a system-wide basis, rather than county-by-county. Operation costs will not vary materially from county to county and rates will be uniform throughout the Utility's service area. Physical interconnections will occur that traverse county lines during Phase II and III. EXHIBIT D Measurement of utility service need is typically stated as an equivalent residential connection (ERC). Exhibit D describes the number of ERCs proposed to be served by meter size and customer class, by utility service development phase for the water system. The utility service development in the proposed service area is planned to be in 6 phases. Exhibit D also discusses the types of customers anticipated, type of water treatment, the proposed facilities, and the capacity of the facilities in ERCs and gallons per day (gpd), ERCs and Projected Annual Demand The Utility proposes to provide potable and non-potable water and wastewater service to exempt and non-exempt bulk customers, various existing structures including maintenance shops and several houses, intensified agribusiness, and new development. It is anticipated that all customers other than bulk will be served by a 5/8" x 3/4"meter. The need for Phase I utility services are anticipated to occur from 2010 to 2016, with 80% capacity reached in 2015. For this filing, 2015 will be the Test Year. The future phases will begin upon the completion of Phase 1. It is anticipated that Phase I will have approximately 5 general service ERCs to service existing shops and offices. Phases II through VI have not been conceptually designed at this time and; therefore, the ERCs and gallons per day shown are for the maximum allowable by future land use element density. Table D-1 Meter Size, Maximum Number of Meters, and Demand Per Utility Service Demand Phase Maximum # Maximum # Gallons Phase Meter Size of Meters of ERCs Per Day Total Gallons 5/8" 279 279 350 97,650 II 5/8" 734 734 350 256,900 III 5/8" 924 924 350 323,400 IV 5/8" 299 299 350 104,650 ¢ V 5/8" 11 11 350 3,850 VI 5/8" 12 12 350 4,200 Total 2,259 2,259 790,650 It is anticipated that these ERCs will connect equally throughout each of the years of the phase. Given this assumption, Table D-2 below presents, for Phase 1, the annual ERCs, average ERCs, and end of year ERCs as well as the anticipated annual gallonage (based on average ERCs) for Years 1 through 7 (Year 6 is the Test Year). Table D-2 Annual ERCs, Average ERCs, and Annual Flow Projections Potable Water Supply Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Annual ERCs 15 25 37 50 50 75 27 Average ERCs 8 28 59 102 152 215 266 Total ERCs 15 40 77 127 177 252 279 Flow (1,000 Gallons _ 1/ 2,240 7,840 16,520 28,560 42,560 60,200 74,480 1/Based on average ERCs utilizing 350 gallons per day and active 80% of the time throughout the year. Type of Treatment and Capacity ofi Facilities The potable water facilities will provide chlorination via a hypochlorinator for disinfection purposes. For Phase 1 there are 5 proposed water f~~cilities That will serve approximately 279 ERCs across the service territory. These facilities will vary in size from 3" to 12" with a total system capacity of 97,650 gallons per day to serve the 279 planned ERCs. Appendix III contains schematics and conceptual Layout of utility facilities for each of the 3 areas in Phase I. There is 1 area in Martin County and 2 , areas in St. Lucie County in Phase I. Appendix 1 contains a proposed service territory map with the phases marked by ID numbers. IDs 1, 2 and 16 are part of Phase I. Figures D-1 A, D-2A, D-3A, D-iB, D-2B and D-38 in Appendix III are the water treatment plant conceptual schematic and conceptual water distribution system layout . including plant sites for ID 1, 2 and 16 respectively. The water treatment process denoted in each is standard utilizing 50 gallon day tanks with 500 gallon hypochlorite bulk storage and hydro tanks. EXH{BIT E Bluefield will not own any of the land where the Utility's facilities will be located. Instead, the Utility will lease the land from the Landowner, Evans Properties, Inc. Attached hereto as Appendix IV, is a copy of the proposed lease agreement, which provides for the use of the land owned by the Utility's related party, Evans Properties, . Inc., and from whom the Utility will lease the property. EXHIBIT F Measurement of utility service need is typically stated as an equivalent residential connection (ERC). Exhibit F describes the number of ERCs proposed to be served by meter size and customer class, by utility service development phase for the wastewater system. The utility service development in the proposed service area is planned to be in 6 phases. Exhibit F also discusses the types of customers anticipated, type of wastewater treatment, the proposed facilities, and the capacity of the facilities in ERCs and gallons per day (gpd). ERCs and Projected Annual Demand The Utility proposes to provide potable and non-potable water and wastewater service to exempt and non-exempt bulk customers, various existing structures including maitenance shops and several houses, intensified agribusiness, and new development throughout the proposed service territory which transverses the boundaries between Martin and St. Lucie Counties. All customers will be served by a 5/8" x 3/4" water meter from which wastewater consumption will be billed. Central wastewater service will not be provided to the existing structures. The existing structures will continue to use on-site septic systems. Utility service needs for Phase I are anticipated to occur from 2010 to 2016, with 80% capacity reached in 2015. For this Filing, 2015 will be the Test Year. The future phases will begin upon the completion of Phase I. It is anticipated that Phase I will be a mixture of intensified agribusiness, residential and general service customers. Phases II through VI have not been conceptually designed at this time and therefore the ERCs and gallons per day shown are for the maximum allowable by future land use element density. Table F-1 Meter Size, Maximum Number of Meters, and Demand Per Development Phase Maximum # Maximum # Gallons Total Treated Phase Meter Size of Meters of ERCs Per Day Gallons I 5/8" 259 259 270 69,930 1 I 518" 734 734 270 198,180 III 5/8" 924 924 270 294,480 fV 518" 299 299 270 80,730 V 5!8" 11 11 270 2,970 VI 5/8" 12 12 270 3,240 Total 2,239 2,239 604,530 It is anticipated that these ERCs will connect equally throughout each of the years of the phase. Given this assumption, Table F-2 below presents, for Phase I, the annual ERCs, average ERCs, and end of year ERCs as well as the anticipated annual gallonage (based on average ERCs) for Years .1 through 7 (Year 6 is the Test Year). Table F-2 Annual ERCs, Average ERCs, and Annual Flow Projections Wastewater System Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Annual ERCs 0 25 32 50 50 75 27 Average ERCs 0 13 41 82 132 195 246 Total ERCs 0 25 57 107 157 232 259 Flow 1,000 Gallons 1/ 0 2,808 8,856 17,712 28,512 42,120 53,136 t/Actual (lows based on average ERCs utilizing 270 gallons per day and active 80% of the time throughout the year. Billable flow wilt be higher as it will be based on metered water flows. Type of Treatment and Capacity of Facilities - There will be three separate wastewater treatment plants (WWTPs). The Martin County portion of the Utility will utilize aloes-pressure wastewater treatment system pumping into a 5,000 gallon septic tank with the accompanying drain-field. For St. Lucie County, the 2 remaining WWTPs will be pre-engineered secondary wastewater treatment plants utilizing extended aeration with an MLE process. For land parcel designated with the ID 1, included in Appendix I, the intent is to have two (2) 10,000 gpd plants. The first plant to be installed at the end of Year 1 and the second plant will be installed at the end of Year 2. For land parcel designated with the ID 2, included in Appendix I, the intent is to have two (2) 25,000 gpd plants. The first plant to be installed at the beginning of Year 4 and the second plant will be installed at the beginning of Year 6. The 19 water ERCs either existing or coming online in the first 3 years will use on-site septic systems. For Phase I, the aforementioned WWTPs will serve approximately 259 equivalent residential connections (ERCs) across the service territory. These facilities will have a total system capacity of 69,930 gallons per day to serve the 259 planned wastewater ERCs. Appendix V contains schematics and conceptual layout of utility facilities for each of the 3 areas in Phase I. There is 1 area in Martin County and 2 areas in St. Lucie County in Phase I. As described above, Appendix I contains a proposed service territory map with the phases marked by ID numbers. IDs 1, 2 and 16 are part of Phase I. Figures F-1 A, F-2A, F-3A, F-1 B, F-28 and F-3B in Appendix V are the wastewater treatment plant conceptual schematic and conceptual wastewater collection system layout including plant sites for ID 1, 2 and 16 respectively. ID 1 schematics denote a 10,000 gpd pre-engineered plant utilizing an EA/MLE process, ID 2 schematics denote a 25,000 gpd pre-engineered plant utilizing an EA/MLE process and ID 16 schematics denote aloes-pressure wastewater treatment system utilizing a 5,000 gallon septic tank. EXHIBIT G Bluefield is proposing to not use reuse as a means of effluent disposal during Phase I. The provision of reuse would not be financially feasible for Phase I customers, Reuse disposal will be considered for future Phases. EXHIBIT H B{uefield will not own any of the land where the Utility's facilities will be located. Instead, the Utility will lease the land from the Landowner, Evans Properties, Inc. Attached hereto as Appendix VI, is a copy of the proposed lease agreement, which provides for the use of the land owned by the Utility's related party, Evans Properties, lnc., and from whom the Utility will lease the property. EXHIBIT 1 Exhibit I is a statement regarding the financial and technical ability of the Applicant to provide reasonably sufficient and efficient service. Bluefield Utilities, LLC ("Utility System") is a wholly owned subsidiary of Evans Utilities Company, Inc. ("Utility"), a Florida corporation. Evans Utilities Company, Inc. is a wholly-owned subsidiary of Evans Properties, Inc. (Evans). Evans is a privately held corporation and has been doing significant business in Florida for over 50 years. Financial Ability of Bluefield Utilities, LLC The Utility's financial ability to operate is summarized on the proforma financial analysis attached as Appendix VI11, Schedules 4, 7, 16, and 19. Inter-company is the only debt of this corporation. Sixty percent (60%) is anticipated debt and forty percent (40%) is anticipated infusion of cash and/or assets from an affiliate, Evans. A copy of the Funding Agreement between the Utility and Evan whereby Evans agrees to provide the Utility with the funding necessary to build and operate the Utility System is contained in Appendix VII. In lieu of an Annual Report, Evans has made provisions to meet with the Florida Public Service Commission staff and will provide all necessary confidential financial information at that point. Technical Ability of Bluefield Utilties, LLC The related landowner, Evans, owns all of the land and has overseen a!I of the water resources within the proposed service territory. Evans has vast experience in water management through its agricultural oversight and has been a leader in water conservation measures and innovative resource management techniques for use of non-potable water. Evans has won awards and recognition for their environmental stewardship. A news release dated November 20, 2000 from the Florida Department of Agriculture and Consumer Services highlights some of the innovations of Evans with regards to their agricultural efforts. "Precision Agriculture" allows Evans to have more information about their land and uses than ever before thus allowing them to make the best decisions possible regarding their agricultural business. Choosing the best possible root stock, precision application of pesticides, use of reservoirs, microjets and drip irrigation to conserve water all help Evans achieve environmental stewardship. Metering pump stations and the use of tensionmeters and surface wells to indicate the water levels in the groves allows Evans to water the appropriate amount which in turn helps conserve water. In recognition of Evans' environmental stewardship, Florida Farm Bureau CARES program honored Evans at the Indian River Citrus Seminar held on March 10, 2009 for their outstanding efforts in implementing Best Management Practices. CARES stands for County Alliance for Responsible Environmental Stewardship. The CARES program works in conjunction with University of FloridallFAS and the Florida Department of Agriculture and Consumer Services. Evans will contract the day-to-day operations of the Utility System to a qualified company. GAI Consultants, Inc. (GAI) will provide regulatory and technical expertise necessary to comply with all local, state and federal rules and to construct and maintain the Utility's water and ' wastewater system. Dean Mead will provide legal advice related to utility operations. Additional qualified consultants will be retained as necessary to insure the successful operation of the Utility. Appendix VII also includes information on the Utility's consultant, GAI Consultants, Inc. and Dean Mead, the Utility's attorneys. EXHIBIT J Bluefield has not yet begun operation and thus does not have a detailed balance sheet, a statement of financial condition, or an operating statement. However, Appendix VIII, Schedules 4, 7, 16, and 19 include information concerning ail of the assets of Bluefield to be utilized in the provision of potable and non-potable water and wastewater service and the operation and maintenance expenses anticipated to be incurred in such operation. These lists of assets and O&M expenses are prepared in accordance with the provisions of Rule 25-30.115, Florida Administrative Code and comply with the requirements of Rule 25-30.032 (i) (r) and (s). EXHIBIT K As described in Exhibit I, the Utility's affiliate -Evans Properties, Inc. (Evans) is the entity that has agreed to provide funding the Utility as and when needed to insure that all needs for capital improvement are met in a timely manner and to insure the provision of safe and efficient potable water and wastewater treatment systems in the future within the proposed service territory. The Funding Agreement Evans entered into with the Utility is found in Appendix VII. EXHIBIT L Appendix VIII, Schedules 4, 11, 16, and 23 show the projected cost of the proposed water and wastewater systems by uniform system of accounts (USDA) account numbers pursuant to Rule 25-30.115, F.A.C. In addition, the capacity of the system in Equivalent Residential Connections is provided. EXHIBIT M Appendix VIII, Schedules 7 and 19 shows the projected typical operating expenses of the proposed water and wastewater systems by USDA account numbers when approximately 80% of the design capacity of the system is being utilized. EXHIBIT N Appendix Vlll, Schedules 8 and 20 show the projected capital structure, including the methods of financing construction and operation of the Utility until the Utility reaches approximately 80% of the design capacity of the water and wastewater systems. Please note that this schedule presents the anticipated capital structure at the end of Year 6, the Test Year. EXHIBIT O Exhibit O includes the cost study, which supports the proposed rates, miscellaneous service charges, customer deposits, and service availability charges. The cost of service for potable water service and wastewater service including revenue ' requirements and rate design was developed using Florida Public Service Commission Standards. The cost study is included in Appendix VIII. EXHIBIT P Exhibit P provides the territory descriptions, using township, range and section references as specified in Rule 25-30.030(2), F.A.C. The water and wastewater service territories are the same. DESCRIPTION ID Parcel 1 Section 1 Township 36 South Range 38 East & Section 6 Township 36 South Range 39 East, St Lucie County That part of the NE 1/4 of Section 1, Township 36 South, Range 38 East, LESS the North 48 feet; AND that part of the NW 1/4 of Section 6, Township 36 South Range 39 East, LESS the following described land; Begin at the intersection of the North right of way line of State Rd 70 (Okeechobee Road) and the West right of way line of County Road 609A' thence North 250.19 feet; thence S 65° W, 208.71 feet; thence South, 250,19 feet ; thence N 65° E 208.71 feet to the point of beginning. TOGETHER WITH That part of the West 112 of Section 1, Township 36 South, Range 38 East, Less the canal right of way, All land lying North of State Rd 70 (Okeechobee Rd) and it's associated widening to date in St Lucie County. DESCRIPTION ID Parcel 2, 8 &15 Section 2 4, 9 15 23-26 & 36 Township 37 South Ranae 37 East, & Section 35 Township 36 South, Range 37 East St Lucie County Section 2 LESS the North 125 feet AND all of Section 3 less the North 125 feet AND that portion of Section 4 & 9, lying East of the following described line; Commence at the South line of the North 100 feet of said Section 4 run West 3500 feet to the point of beginning; thence S 28° E, 1550 feet; thence S 14°E, 950 feet; thence S 20° E, 1700 feet; thence S 23° E, 600 feet; thence S 20° E, 550 feet; thence S 30° E, 2550 feet; thence S 21° E 400 feet to the East line of said Section 9 all lying in Township 37 South, Range 37 East in St Lucie County Florida . TOGETHER WITH portions of Sections 10,11,12,13,14,15,23,24,25,26 and 36 all lying in Township 37 South, Range 37 East in St Lucie County Florida, more particularly described as follows; Begin at the Northwest corner of Section 10 and run South 2170 feet; thence S 21 ° E 800 feet; thence N 73° 42'00" E along said South line, 1646.50 feet; thence S 30° 44' 17" E a total distance of 24,491 feet to the South line of Section 36, thence East along said South line for 110 feet to a line 140 feet West of the East line of said Sections 36, 25, 24 and 13; thence along said parallel line North 3 miles to the South line of Section 12; thence East along said South line 5 feet to a line parallel with and 135 feet West of the East line of said Section 12; thence North 1 mile to the North line of Section 12, thence West along said North line Section 12, 11 & 10 for 3 miles to the point of beginning. TOGETHER WITH the W 3/4 of the S 1/2 of Section 35, Township 36 South, Range 37 East in St Lucie County, Florida. DESCRIPTION ID Parcel 3 Section 14 Township 36 South Range 38 East, St Lucie County The S/W 1/4 of Section 14, Township 36 South, Range 38 East in St Lucie County less canal right of way, the North 47 feet and the West 50 feet thereof and ALSO a portion of the SE 1/4 of said Section 14 more particularly described as follows. Begin at the intersection of the South line of the North, 47 feet thereof; thence N 89°39' 37" E, 15 feet; thence S 02° 22' 10" E 2486.71 feet; thence N 89° 57' 14" W, 85 feet; thence N 00° 45' 24" W along the East line of the SW 1/4, for 2484.78 feet to the point of beginning. DESCRIPTION ID Parcel 4 & 10 Section 25 Township 35 South Range 38 East, St Lucie County The East 1/2 of the NE 1/4 and the South 1/2 of Section 25 Township 35 South Range 38 East in St Lucie County LESS the road and canal rights of way. DESCRIPTION ID Parcel 5, 14 & 18 Section 2-5 & Section 9-10 Township 36 South Range 38 East, St Lucie County The West 3/4 and that part of the Northeast 1/4 of the SE 1/4 of Sections 2 LESS canal right of way, AND that part of Sections 3 & 4, LESS road and canal rights of way AND the E 1/2 and NW 1/4 of Section 5, less road and canal rights of way, AND that part of Section 9, the NW 1/4 of Section 10, all lying North of SR 70 (Okeechobee Rd) and the associated widening all in Township 36 South Range 38 East in St Lucie County Florida DESCRIPTION ID Parcel 6 Section 22 and 27 Township 36 South Ranae 38 East, St Lucie County The East 1/2 of Section 22 LESS and all of Section 27 Township 36 South, Range 38 East in St Lucie County Florida LESS 100'x 100' in the Southwest corner of the Section. DESCRIPTION ID Parcel 7, 12, 16,1.9 20 Section 6 7 and 18 Township 38 South Ranqe 38 East, Section 1, 12-13 Townsh~ 38 South Ranqe 37 East, Martin County Alt of Section 6, LESS the canal right of way, all of Section 7 AND that portion of the North 1/2 of Section 18 more particularly described as follows; Begin at the Northeast corner of the Section; thence South 2640 feet to the South line of the N 1/2; thence West, along said South line 2100 fee; thence North 208 feet; thence West 205.64 feet; thence North 540.58 feet; thence South 738.55 feet to the aforementioned South line; thence West 2535 feet to the West line of the Section,; thence North 2640 feet to the North line. of the Section, thence East, along said North line 5280 feet to the point of Beginning, all being in Township 38 South Range 38 East in Martin County Florida AND that portion of the East 1!2 and the NW 1/4 of Section 1 that lies South of the Florida East Coast Railway, the East 1/2 of Section 12 and the NE 1/4 Section 13, all in Township 38 South Range 37 East in Martin County Florida. DESCRIPTION ID Parcel 9 Section 24 Township 35 South Ranae 38 East, St Lucie County The W 1/2 of the SE 1/4 of Section 24 Township 35 South Range 38 East in St Lucie County LESS the East 25 feet, the West 51 feet and the South 25 feet thereof. DESCRIPTION ID Parcel 11 Section 13 Township 36 South Ranqe 38 East, St Lucie County The SW 1/4 of Section 13, Township 36 South, Range 38 East in St Lucie County LESS the canal rights of way. DESCRIPTION ID Parcel 13 Section 23 Township 35 South Ranqe 38 East, St Lucie County Section 23 Township 35 South, Range 38 East in St Lucie County Florida LESS road and canal rights of way. DESCRIPTION ID Parcel 17 Section 5-8 Township 36 South Range 38 East, St Lucie County That part of Section 5, LESS canal & road right of way AND that Part of Section 6, AND the North 1/2 of Section 7, Less the South 50 feet and LESS the road right of way TOGETHER WITH that part of Section 8 that ties North and West of Summerlin Road all in Township 36 Range 38 East, lying South of SR 70 (Okeechobee RD) and its associated widening in St Lucie County Florida EXHIBIT Q Attached hereto as Appendix iX is a copy of a map showing section, township and range references with the proposed service territory plotted thereon. This series of 13 maps (Maps O1 - Q13) utilizes a scale of 1" = 400 feet as proposed under Subsection (n) of Rule 25-30.033, F.A.C. In addition, attached is a map (Map D) utilizing a much smaller scale (1" = 6,000 feet), which is more readily usable for the Commission in evaluating this Application. EXHIBIT R Attached as Appendix IX are water and wastewater system maps showing proposed water and wastewater lines and facilities. These maps are larger versions of the conceptual plan maps provided in response to Exhibits D and F. Figures D-1 B, D-2B and D-38 represent the conceptual water system design for land areas designated IDs 1 and 2 in St. Lucie County and ID 16 in Martin County. Figures F-1 B, F-2B and F-3B represent the conceptual wastewater system design for land areas designated IDs 1 and 2 in St. Lucie County and ID 16 in Martin County. EXHIBIT S Exhibit S will be a late-filed exhibit consisting of an affidavit that the Notice of Actual Application ("Notice") was given in accordance with Sections 367.045{1)(a}, Florida Statutes, and Rule 25-30.030, Florida Administrative Code, by regular mail to the ' following: 1. The governing body of the municipality, county, or counties in which the system or the territory proposed to be served is located; 2. The privately-owned water and wastewater utilities that hold a certificate granted by the Public Service Commission and that are located within the county in which the utility or territory proposed to be served is located; 3. If any portion of the proposed territory is within one mile of a county boundary, the utility shall notice the privately owned utilities located in the bordering counties and holding a certificated granted by the Commission; 4. The regional planning council; 5. The Office of Public Counsel; 6. The Public Service Commission's Director of the Division of the Commission Clerk and Administrative Services, 7. The appropriate regional office of the Department of Environmental Protection; and 8. The appropriate water management district. Copies of the Notice and a list of entities identified by the Florida Public Service Commission staff to receive notice are appended to the draft affidavit, which is attached hereto. CUMMISSIUr:FR.S: STATE OF FLORIDA zts6 TINIUTHY DEVL[N, D1E21:,c."1'UR MATTHEW M. CARTER II, CFIAiRMAr'i DIVISION Of ECON01.7[C RE(dJLAT1UN LISA POLAK EDGAR (8iU} 413-6900 ICATRtNA J. MCMURRIAN NANCY ARG~'ZIANO NATNANA. SKOP ~~Ytc~S.er£~t.c~ ~urrtmi~~~.~x~ September 16, 2009 Mr. Brett J. Hart GAI Consultants, Inc. 301 East Pixie Street, Suite 1020 Orlando, FL 32801 Re: Noticing tist for Bluefield Utilities, LLC to operate a water and wastewater utility in Martin and St. Lucie Counties. Dear Mr. Hart: Enclosed is an updated listing for Bluefield Utilities, LLC. Please refer to Mr. 12edemann's earlier letter for instructions on mailing the notice, although if you have any questions, feel free to contact me. Very truly you><s, .l Thomas Walden, Engineer Specialist TW enclosure CAPITAL CntCLE OFk1CE CENTER • 2540 SHU:~IARD OAK BOUI..EVARD • TALLAHASSEE, FL 32399-0850 An Affirmative Action /Equal Opportunity Employer PSC Website: httpl/wmv.0oridapsc.com Internet E-maU: eoutactfp~pse.stateq.us l..lwT C11~' `~'~A'1'Erlt ~-lNl) W.~STE~o'A'I'I~:lt U'I'11.IT~ ES tti ibtAlt"I'1i~1 ('UUi!"rY (V:~LIU FUZZ 60 DAPS) - 09/16/2009 - ! t /14/2009 UTILITY NAME MANAGER iv1ART1N COUNTY INDIANTOWIJ CO?~4PANY, [NC. (WS120) MARY ANN HOLT P. O. BOX 397 (772) 597-3129 INDIANTOWN, FL 34956-0397 M11.ES GRAN']" WA'T'ER AND SEWER. COMI'ANl' (WS433) PATRICK C. FLYNN 200 WLA1'HERSFIELD AVENUF_ 0307) 869-1919 AL'TAMONTE SPRINGS, FL 32714-4027 UTILITIES, TNC. OF HUTCHINSON ISLAND (WS872) PATRICK C. FLYNN 2UU WEATHERSFIELD AVENUE (407) 8b9-1919 ALTA1V10NTC SI'P:1NGS, rL 32714-4027 -1.- 1-~i.S'1' \~'A'i'I,:It t1 NI) ~'A~7'I:VVA'1'[~:it U'I'IC.ITIE~ Ii'V 1~•lA}t"t'~'i\ C(31JN'Cl' (VALID FQit 60 DAl`S) 09/16!2009 - 11/l4/?UU9 liTILITY NAML MANAGER GOVER~IMENIAL AGENCIES ' CHAIRMAN, BUAIZD OF COUNTY COMMISSIONERS, MARTIN COUNTY 2401 S.E. MUNTERrY RUA.D STL'ART, FL 34996-3397 CITY OF STIJART 121 S.W. FLAGLER AVE. STIJART, FL 34994=2139 DEP SOUTHEAST DISTRICT 400 NORTH CONGRESS AVENUE WEST PALM BEr\CH, FL 33401 MAYOR, TOWN OF JUPITL-R ]SLAM) P. O. BOY 7 HUBL SOUND, FL 33475 0007 MAYOR, TOVV'N OF OCEAN BREEZE PARK P. O. BOX ] 025 JENSEN BEACH, FL 34958-1025 ..iAYOR, TOWN OF SEWALL'S POINT I SOUTH SEWALL'S POINT ROAD STUART, FL 34996-6730 SO. F1.QRIDA WATER MANAGEMENT DIST}2IC7 P.O. BOX 24680 WEST PALM BEACH. FI. 33416-4680 TREASURE COAST REGIONAL PLAN. COUNCIL 301 EAST OCEAN BLVD, SUITE 300 STIJART, FI, 34994 LIST t)I~' ~~'A'I'LR Atill ~~'A.S'1'L:~1'A`1L[Z UT1L1'E'ILS I\ S'!'. LUCIE: COUl~'I'Y (VALID C'OR CO PAYS) 09/16/2009 - 11/14/2009 UTILiT__Y N.~ME MANAGER GOVERNMEN'T'AL AGENCIES CLERK OF THE CIRCUIT COURT, ST. LUCIE COUNTY 221 SOUTH INDIAN RIVEK DRIVE FT PIERCE, FL 34954-4315 CLERK OF THE CIRCUIT COURT, ST. LUCIE COUNTY P. O. BOX 700 FT. PIEKCE, FL 34954-0700 CLERK, BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY 2300 VIRGIN]A AVENUE F"T. PIERCE, FL 34982-5652 DEP SOUTHEAST DISTRICT 400 NORTH CONGRESS AVENUE WEST PALM BEACH, FL 33401 MAYOR, CITY OF FT. PIEKCE CITY HALL P O. BOX 1480 FT. PIERCE, FL 33450 .YOR, CITY OF POKT ST. LUCID __i S.W. PORT ST. LUCIE BLVD. PORT ST. LUCIE, FL 34934-5099 MAYOR, TOWN OF S"T. LUCIE VlL1.AGE P. O. BUX 3878 FT. P[ERCE, FL 34948-3878 SO. FLORIDA WATER MANAGEMENT DISTRICT ' P.O. BOX 24680 VIrEST PALM BEACH, FL 33416-4680 TREASURE COAST REGIONAL PLAN. COUNCIL 301 EAST OCEA,~I BLVD, SUITE 300 STUART, FL 34994 -1- ~~iS~~~ UH tiVATF~'[t a~~17 Vt':~STEl~~'A'1`I~;K u~ct~.7 ~'.ir~:s sR r.t~~~~~~, ~ ~c~u~~r•v wa~_,Tra ~o~ ~o ~~~~~~s~ 09/161ZO0~) - 11 /l 4i20O~~ UTIL[Tl' NAB MA\;~Ci.1K STATE OFFICIALS OFl•'ICE OF PUBLIC COUNSEL I l 1 WEST MADISON STREI'sT SUITE 812 TALLAHASSEE, i-L 32399-1400 U1~FIC6 OF COMMISSION CLERK FLORIDA PUBLIC SERVICE: COMMISSION 2540 SHUMARD OAK BOULEVARD TALLAHASSEE., FL 32399-0850 -z- t_,i~"i' C)!' l~'A'~'ER :~~\I) V11~1~"I'i1~i'~~"i },:1~. ~(`}~tl~:['I'tl~;; }ii `L~~?~"I.'.fi`t f'~.)~.Ii~~'Y (V~1I~I(1 C~O{t (it) I),'1l'S) U}/ LU/200~j ~ I l /14/ZI}Q9 UTILITY NAML' MANA(ilif{ STATE OFFICIALS OFFICE OF PUBLIC COUNSEL I ? 1 W EST ~9ADISON STREET' SUITE 812 TALLAHASSEE, FL 32399-1400 OFFICE OF COIvIMISSION CLEKK FLORIDA PUBLIC SERVICE COMIvIISSION 2540 SHLw1ARD OAK BOULEVARD TALLAHASSEE, FL 32399-0850 -3- NOTICE OF APPLICATION FOR AN INITIAL CERTIFICATE OF AUTHORIZATION FOR WATER AND WASTEWATER CERTIFICATE LEGAL NOTICE . Notice is hereby given on September 15, 2009, pursuant to Section 367.045, Florida Statutes, of the application of Bluefield Utilities, LLC to operate a water and wastewater utility to provide service to the following described territory in St. Lucie and , Martin Counties, Florida: DESCRIPTION ID Parcel 1 Section 1 Township 36 South, Range 38 East & Section 6 Township 36 South Ranqe 39 East. St Lucie County That part of the NE 1/4 of Section 1, Township 36 South, Range 38 East, LESS the North 48 feet; AND that part of the NW 1/4 of Section 6, Township 36 South Range 39 East, LESS the following described land; Begin at the intersection of the North right of way line of State Rd 70 (Okeechobee Road) and the West right of way line of County Road 609A' thence North 250.19 feet; thence S 65° W, 208.71 feet; thence South, 250.19 feet ; thence N 65° E 208.71 feet to the point of beginning. TOGETHER WITH That part of the West 1/2 of Section 1, Township 36 South, Range 38 East, Less the canal right of way, All land lying North of State Rd 70 (Okeechobee Rd) and it's associated widening to date in St Lucie County. DESCRIPTION ID Parcel 2, 8 &15 Section 2-4, 9-15, 23-26 & 36 Township 37 South Range 37 East, & Section 35 Township 36 South, Range 37 East St Lucie County Section 2 LESS the North 125 feet AND all of Section 3 less the North 125 feet AND that portion of Section 4 & 9, lying East of the following described line; Commence at the South line of the North 100 feet of said Section 4 run West 3500 feet to the point of beginning; thence S 28° E, 1550 feet; thence S 14°E, 950 feet; thence S 20° E, 1700 feet; thence S 23° E, 600 feet; thence S 20° E, 550 feet; thence S 30° E, 2550 feet; thence S 21 ° E 400 feet to the East line of said Section 9 all lying in Township 37 South, Range 37 East in St Lucie County Florida . TOGETHER WITH portions of Sections 10,11,12,13,14,15,23,24,25,26 and 36 all lying in Township 37 South, Range 37 East in St Lucie County Florida, more particularly described as follows; Begin at the Northwest corner of Section 10 and run South 2170 feet; thence S 21 ° E 800 feet; thence N 73° 42'00" E along said South line, 1646.50 feet; thence S 30° 44' 17" E a total distance of 24,491 feet to the South line of Section 36, thence East along said South line for 110 feet to a line 140 feet West of the East line of said Sections 36, 25, 24 and 13; thence along said parallel line North 3 miles to the South line of Section 12; thence East along said South fine 5 feet to a line parallel with and 135 feet West of the East line of said Section 12; thence North 1 mile to the North line of Section 12, thence West along said North line Section 12, 11 & 10 for 3 miles to the point of beginning. TOGETHER WITH the W 3/4 of the S 1/2 of Section 35, Township 36 South, Range 37 East in St Lucie County, Florida. DESCRIPTION ID Parcel 3 Section 14 Township 36 South Range 38 East, St Lucie County The S/W 1/4 of Section 14, Township 36 South, Range 38 East in St Lucie County less canal right of way, the North 47 feet, and the West 50 feet thereof and ALSO a portion of the SE 1/4 of said Section 14 more particularly described as follows. Begin at the intersection of the South line of the North, 47 feet thereof; thence N 89°39' 37" E, 15 feet; thence S 02° 22' 10" E 2486.71 feet; thence N 89° 57' 14" W, 85 feet; thence N 00° 45' 24" W along the East line of the SW 1/4, for 2484.78 feet to the point of beginning. DESCRIPTION ID Parcel 4 & 10 Section 25 Township 35 South Ranae 38 East, St Lucie County The East 1/2 of the NE 1/4 and the South 1/2 of Section 25 Township 35 South Range 38 East in St Lucie County LESS the road and canal rights of way. DESCRIPTION ID Parcel 5, 14 & 18 Section 2-5 & Section 9-10 Township 36 South Range 38 East, St Lucie County The West 3/4 and that part of the Northeast 1/4 of the SE 1/4 of Sections 2 LESS canal right of way, AND that part of Sections 3 & 4, LESS road and canal rights of way AND the E 1/2 and NW 1/4 of Section 5, less road and canal rights of way, AND that part of Section 9, the NW 1/4 of Section 10, all lying North of SR 70 (Okeechobee Rd) and the associated widening all in Township 36 South Range 38 East in St Lucie County Florida DESCRIPTION ID Parcel 6 Section 22 and 27 Township 36 South Range 38 East, St Lucie Countv The East 1 /2 of Section 22 LESS and all of Section 27 Township 36 South, Range 38 East in St Lucie County Florida LESS 100'x 100' in the Southwest corner of the Section. DESCRIPTION ID Parcel 7, 12, 16, 19, 20 Section 6-7 and 18 Township 38 South Ranqe 38 East. Section 1, 12-13 Township 38 South Ranqe 37 East, Martin Countv All of Section 6, LESS the canal right of way, all of Section 7 AND that portion of the North 1/2 of Section 18 more particularly described as follows; Begin at the Northeast corner of the Section; thence South 2640 feet to the South line of the N 1/2; thence West, along said South line 2100 fee; thence North 208 feet; thence West 205.64 feet; thence North 540.58 feet; thence South 738.55 feet to the aforementioned South line; thence West 2535 feet to the West line of the Section,; thence North 2640 feet to the North line of the Section, thence East, along said North line 5280 feet to the point of Beginning, all being in Township 38 South Range 38 East in Martin County Florida AND that portion of the East 1/2 and the NW 1/4 of Section 1 that lies South of the Florida East Coast Railway, the East 1/?_ of Section 12 and the NE 1/4 Section 13, all in Township 38 South Range 37 East in Martin County Florida. DESCRIPTION ID Parcel 9 Section 24 Township 35 South Ranae 38 East. St Lucie Countv The W 1/2 of the SE 1/4 of Section 24 Township 35 South Range 38 East in St Lucie County LESS the East 25 feet, the West 51 feet and the South 25 feet thereof. DESCRIPTION ID Parcel 11 Section 13 Township 36 South Range 38 East, St Lucie Countv The SW 1/4 of Section 13, Township 36 South, Range 38 East in St Lucie County LESS the canal rights of way. DESCRIPTION ID Parcel 13 Section 23 Township 35 South Range 38 East St Lucie County Section 23 Township 35 South, Range 38 East in St Lucie County Florida LESS road . and canal rights of way. DESCRIPTION ID Parcel 17 Section 5-8 Township 36 South Range 38 East, St Lucie County That part of Section 5, LESS canal & road right of way AND that Part of Section 6, AND the North 1/2 of Section 7, Less the South 50 feet and LESS the road right of way TOGETHER WITH that part of Section 8 that lies North and West of Summerlin Road all in Township 36 Range 38 East, lying South of SR 70 (Okeechobee RD) and its associated widening in St Lucie County Florida Any objection to the said application must be made in writing and filed with the Office of Commision Clerk, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tal{ahassee, Florida 32399-0850, within thirty (30) days from the date of this . _ notice. At the same time, a copy of said objection should be mailed to the applicant whose address is set forth below. The objection must state the grounds for the objection with particularity. Bluefield Utilities, LLC 660 Beachland Blvd., Suite 301 Very Beach, FL 32963 EXHIBIT T Exhibit T will be a late-filed exhibit consisting of an affidavit that the Notice of Actual Application ("Notice") was given in accordance with Rule 25-30.030, Florida Administrative Code, by regular mail or personal delivery to each potential customer of the system A copy of the draft Notice is attached hereto. EXHIBIT V Exhibit V contains the original water and wastewater tariffs containing all rates, classifications, charges, rules and regulations (See Appendix X}. Also included as part of this application are two (2) additional copies of the original water and wastewater tariffs. These copies are labeled and included separate from the bound application. BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Application of Bluefield Utilities, LLC Docket No. 090459-WS to operate a Water and Wastewater Utility in Martin and St. Lucie Counties, Florida OBJECTION OF ST. LUCIE COUNTY, FLORIDA TO APPLICATION FOR ORIGINAL CERTIFICATES FOR PROPOSED WATER AND WASTEWATER SYSTEM AND REQUEST FOR INITIAL RATES AND CHARGES St. Lucie County, Florida, by and through its undersigned attorney, files the following ob jection to the Application by Bluefield Utilities, LLC ("Bluefield"),for Original Certificates for Proposed Water and Wastewater System and Request for Initial Rates and Charges ("Application"), and states the following: 1. The St. Lucie County Commission established the St. Lucie County Water and Sewer District on June 15, 2004 ("District"), pursuant to Chapter 153, Florida Statutes, Part II. The St. Lucie County Commission sits as the governing board of the District. The jurisdictional boundaries of the District comprise "the contiguous unincorporated areas of the County" not within the utility service areas of the Fort Pierce Utility Authority or the City of Port St. Lucie ("District Boundary"). Within the District Boundary, the District has the exclusive right to provide water and wastewater utility service. Pursuant to Chapter 153, Part II, Florida Statutes, no water or. wastewater facilities may be constructed without the prior consent of the District. 2. The Territory Description set forth in Exhibit P of the Application includes property located in unincorporated St. Lucie County ("St. Lucie County Territory"). The St. Lucie County Territory falls within the District Boundary. The St. Lucie County Commission, sitting as the governing board of the District, has not consented to Bluefield providing water and sewer service within the District Boundary. Accordingly, Bluefield has failed to meet the statutory prerequisite in Chapter 153, Part II, to obtain consent of the District, and cannot include the St. Lucie County Territory in its Application with the Commission. 3. The District currently has a 20-Year Water Consumptive Use Permit issued by the South Florida Water Management District ("CUP) to serve the 20-year potable water needs of the current and future customers within the District Boundary. The CUP includes an allocation of water for future water service to the St. Lucie County Territory and surrounding territory, Pursuant to the District's adopted Utility Extension Policy, the property owners within the St. Lucie County Territory may obtain water and wastewater 5:\ATTY\SUITS\Bluefield Utilities-Objection.wpd "1- utility service from the District in accordance with the terms of the Utility Extension Policy. Accordingly, there is no need for water and wastewater utility service to the St. Lucie County Territory by Bluefield. 4. Pursuant to the St. Lucie county Comprehensive Plan, Chapter 6(A) Sanitary Sewer Sub-Element and Chapter 6(D) Potable Water Sub-Element, Objective 6A.1.1 and Goal 6D.1, public utilities cannot be provided in a manner that promote sprawl and leapfrog development. As the St. Lucie County Territory is far removed from existing development and is rural/agricultural in nature, granting Bluefield's Application will violate these Comprehensive Plan requirements by promoting sprawl and leapfrog development. Accordingly, the Bluefield Application should be denied as inconsistent with and not inconformity with the goals, policies and objectives of the County Comprehensive Plan. Based on the foregoing, St. Lucie County ob jects to the Bluefied Land Application and requests the Commission deny the Application to the extent of removing the St. Lucie County Territory from consideration by the Commission. Daniel 5. McIntyre County Attorney Florida Bar No. 287571 2300 Virginia Avenue Fort Pierce, Florida 34982 Telephone: (772) 462-1420 Fax No.. (772) 462-1440 I hereby certify that on the day of October 2009, this Objection was filed with the Office of Commission Clerk, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 323099-0850 and mailed to Bluefield Utilities, LLC, 660 Beachland Boulevard, Suite 301, Vero Beach, Florida 32963. Daniel 5. McIntyre 5:\ATTY\SUITS\8luefield Utilities-Objection.wpd -2" yk~, ~-r~ f BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Application of Bluefield Utilities, LLC Docket No. 090459-WS to operate a Water and Wastewater Utility in Martin and St. Lucie Counties, Florida OBJECTION OF ST. LUCIE COUNTY, FLORIDA TO APPLICATION FOR ORIGINAL CERTIFICATES FOR PROPOSED WATER AND WASTEWATER SYSTEM AND REQUEST FOR INITIAL RATES AND CHARGES St. Lucie County, Florida, by and through its undersigned attorney, files the following objection to the Application by Bluefield Utilities, LLC ("Bluefield"),for Original Certificates for Proposed Water and Wastewater System and Request for Initial Rates and Charges ("Application"), and states the following: 1. The St. Lucie County Commission established the St. Lucie County Water and Sewer District on June 15, 2004 ("District"), pursuant to Chapter 153, Florida Statutes, Part II. The St. Lucie County Commission sits as the governing board of the District. The jurisdictional boundaries of the District comprise "the contiguous unincorporated areas of the County" not within the utility service areas of the Fort Pierce Utility Authority or the City of Port St. Lucie ("District Boundary"). Within the District Boundary, the District has the exclusive right to provide water and wastewater utility service. Pursuant to Chapter 153, Part II, Florida Statutes, no water or wastewater facilities may be constructed without the prior consent of the District. 2. The Territory Description set forth in Exhibit P of the Application includes property located in unincorporated St. Lucie County ("St. Lucie County Territory"). The St. Lucie County Territory falls within the District Boundary. The owners of the property within the St Lucie County TerritorX have not requested the District to provide water and sewer service not notified the District of any need for water and sewer services. Nor has Bluefield submitted a request to the District for consent to provide water and sewer service within the District Boundary. The St. Lucie County Commission, sitting as the governing board of the District, has not consented to Bluefield providing water and sewer service within the District Boundary. Accordingly, Bluefield has failed to meet the statutory prerequisite in Chapter 153, Part II, to obtain consent of the District, and cannot include the St. Lucie County Territory in its Application with the Commission. 3. The District currently has a 20-Year Water Consumptive Use Permit issued by the South Florida Water Management District ("CUP) to serve the 20-year potable water 5'•\ATTY\SUITS\Bluefield Utilities-Objection.wpd -1- needs of the current and future customers within the District Boundary. The CUP includes an allocation of water for future water service to the St. Lucie County Territory and surrounding territory. Pursuant to the District's adopted Utility Extension Policy, the property owners within the St. Lucie County Territory may obtain water and wastewater utility service from the District in accordance with the terms of the Utility Extension Policy. Accordingly, there is no need for water and wastewater utility service to the St. Lucie County Territory by Bluefield. 4. Pursuant to the St. Lucie county Comprehensive Plan, Chapter 6(A) Sanitary Sewer Sub-Element and Chapter 6(D) Potable Water Sub-Element, Ob jective 6A.1.1 and Goal 6D.1, public utilities cannot be provided in a manner that promote sprawl and leapfrog development. As the St. Lucie County Territory is far removed from existing development and is rural/agricultural in nature, granting Bluefield's Application will violate these Comprehensive Plan requirements by promoting sprawl and leapfrog development. Accordingly, the Bluefield Application should be denied as inconsistent with and not inconformity with the goals, policies and objectives of the County Comprehensive Plan. Based on the foregoing, St. Lucie County ob jects to the Bluefied Land Application and requests the Commission deny the Application to the extent of removing the St. Lucie County Territory from consideration by the Commission. Daniel 5. McIntyre County Attorney Florida Bar No. 287571 2300 Virginia Avenue Fort Pierce, Florida 34982 Telephone: (772) 462-1420 Fax No.: (772) 462-1440 I hereby certify that on the day of October 2009, this Objection was filed with the Office of Commission Clerk, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 323099-0850 and mailed to Bluefield Utilities, LLC, 660 Beachlnnd Boulevard, Suite 301, Vero Beach, Florida 32963. Daniel 5. McIntyre S'•\ATTY\SUITS\Bluefield Utilities-Objection.wpd -2-