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Agenda Packet 10-20-2009
I October 20, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 10/19/2009 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[jQ[ 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. L� October 20, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stiucieco.org s,s ': �.......e �«x i..: r.y .la...-->.':.. '.b .—l"x:x—=-4. is.. • ., J"u�-1L« 1 ix.: •' :.i" ::.t. e. ��l�BAlR�1l��Ii I�1� 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 INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the October 13, 2009 meeting. PROCLAMATIONS/PRESENTATIONS A. PULLED PRIOR TO MEETING - Presentation by members of the Equestrian Subcommittee of the �01 I e� SLC Extension Advisory Council: r Thea Bullard and Kathryn Hensley V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA f � AGe4� Jt erk S A. WARRANTS J I Approve warrant list No. 55 and 3. - �%lG�ec� 0 ��U10_V_ B. COUNTY ATTORNEY CA-) anc* SZA-)e'_' �t-e_ 1. Authorization to Enter into an Impact Fee Payment Agreement with Port St. Lucie Mini - Warehouse, Ltd. for Delinquent Impact Fees pursuant to Resolution No. 09-114 Consider staff recommendation to approve the attached Impact Fee Payment Agreement with Port St. Lucie Mini -Warehouse, LTD. and sign the Agreement as drafted by the County Attorney's office. 2. Revocable License Agreement - Mr. and Mr. David Green - 6605 Kenwood Road - Lakewood Park Consider staff recommendation to approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and direct Mr. & Mrs. Green to record the document in the Public Records of St. Lucie County, Florida. B. COUNTY ATTORNEY CONTINUED 3. Revocable License Agreement — Cedar Creek Engineering — Orange Avenue — Monitoring Wells Consider staff recommendation to approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and instruct Cedar Creek Engineering to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. C. AGRICULTURE — COUNTY EXTENSION OFFICE Application Submittal — Caribbean Conservation Corporation — Sea Turtle Grants Program Consider staff recommendation to approve to submit application for Caribbean Conservation Corporation — Sea Turtle Grants Program. D. PUBLIC WORKS 1. Cortez Boulevard and S. 25m Street Intersection Improvements Consider staff recommendation to approve of the Signalization Road Improvement Agreement with Cortez Townhomes, LLC and authorization for the Chair to sign documents as approved by the County Attorney. 2. Approval of Taylor Creek Restoration Dredging Phase 2. Consider staff recommendation to approve of Work Authorization No. 11 with Dredging and Marine Engineering, LLC. for the engineering design of Taylor Creek Restoration Dredging Phase 2, in the amount of $316,980, and authorization for the Chair to sign documents as approved by County Attorney. 3. Angle Road Sidewalk Project (Phase III — Avenue D Extension) Consider staff recommendation to approve of the Eighth Amendment to Work Authorization No. 5 with Inwood Consulting Engineers in the amount of $18,075 for the Angle Road Sidewalk Project (Phase III — Avenue D Extension), and authorization for the Chair to sign documents as approved by the County Attorney. E. SHERIFF'S OFFICE 1. Permission to accept the 2009 State Criminal Alien Assistance Grant Consider staff recommendation to authorize the acceptance of the 2009 State Criminal Alien Assistance Program Grant award in the amount of $243,460. Budget Resolution No: 09-300. 2. Request for distribution from the Law Enforcement Trust (L.E.T.) Fund in the amount of $123,131.22 for budget year 2009. Consider staff recommendation to approve of the Sheriffs budget amendment and transfer of funds in the amount of $123,131.22. 3. Budget Amendment for Miscellaneous Income for budget year 2009. Consider staff recommendation to approve of the Sheriffs request for a budget amendment to increase the budget for miscellaneous revenues by $70,345. F. COMMUNITY SERVICES Federal Transit Administration (FTA) Section 5307 FY 2009 Application Consider staff recommendation to approve authorization to submit an FTA Section 5307 application in the amount of $1,469,589.00, approval of Resolution No. 09-299 and authorization for the Chair to sign documents as approved by the County Attorney. 2. Interiocal Agreement with St. Lucie County and St. Lucie County Transportation Planning Organization for the Federal Transit Administration (FTA) 5316 and 5317 grants Consider staff recommendation to approve the Interlocal Agreement with St. Lucie Transportation Planning Organization in the amount of $25,260 to provide planning, technical assistance, development and implementation for grant administration of the FTA Section 5316 JARC grant and Section 5317 NF grant and authorization for the Chair to sign documents as approved by the County Attorney. 3. Federal Transit Administration (FTA) 5309 FY 2009 application Consider staff recommendation to approve authorization to apply for an FTA Section 5309 grant in the amount of $225,720.00, and authorization for the Chair to sign documents as approved by the County Attorney. G. LIBRARY State Aid to Libraries Grant Consider staff recommendation to authorize the Chair to sign the application for the State Aid to Libraries Grant application. H. ADMINISTRATION Tourist Development Council Capital Grants Program Consider staff recommendation to approve Tourist Development Council Capital Grants Program implementation and application, per the attached memorandum. 2. Contractors Certification Board Consider staff recommendation to reappoint Doug Davis to the Contractors Certification Board for the term of July 2009 through July 2013. Contractors Certification Board Consider staff recommendation to reappoint Fred Rohrbough to the Contractors Certification Board for the term of July 2009 through July 2013. 4. Contractors Certification Board Consider staff recommendation to reappoint John Langel to the Contractors Certification Board for the term of July 2009 through July 2013. r I. MANAGEMENT AND BUDGET Bid No. 09-08, Golf Cart Lease Consider staff recommendation to approve to award Bid No. 09-068, Golf Cart Lease, to Club Car, Inc. of Orlando, Florida, in the amount $71.04 per cart, per month and authorization for the Chair to sign documents as approved by the County Attorney. J. GRANTS/DISASTER RECOVERY Severe Repetitive Loss Pilot Program — Revised Grant Applications Consider staff recommendation to approve authorization to first withdraw and then resubmit three grant applications to the Florida Department of Emergency Management/Federal Emergency Management Agency. END OF CONSENT AGENDA PUBLIC HEARINGS CUn-je.►' VII. A. COUNTY ATTORNEY Ordinance No. 09-022 — Roads, Parks and Public Buildings Impact Fees This is the first of two public hearings. The second public hearing is scheduled on Tuesday, December 1, 2009 at 6:00 p.m. in the County Commission Chambers. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. ADMINISTRATION IX. Tourist Development Council Capital Funding for Airport Terminal Renovation COUNTY ATTORNEY Resolution No. 09-292 Consider staff recommendation to approve the revised Resolution and authorize the Chair to sign the Resolution. ANNOUNCEMENTS 1. 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. 2. The Board of County Commissioners will hold a Workshop with Fort Pierce Farms on Monday, November 2, 2009 at 2:00 p.m. in Conference Room #3. IX. ANNOUNCEMENTS CONTINUED 3. The 241h Annual Muster at the National Navy SEAL Museum will take place November 50, -7tl. 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 AM North Hutchinson Island - Fort Pierce. The St. Lucie County International Airport will host its annual "Airport Day" on Saturday, November 7, 2009 from 9:00 a.m. to 1:00 p.m. This event is held in conjunction with the 240, Annual Muster at the National Navy SEAL Museum. For more information please call 772-462-1732. 5. 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. 6. 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., Friday, November 13, 2009 from 1:00 p.m. to 4:00 p.m. and Monday, November 16, 2009 from 1:00 p.m. to 4:00 p.m. at the Havert L. Fenn Center in Room B. The Board of County Commissioners will hold the Annual Reorganization meeting on Tuesday, November 17, 2009 at 9:00 a.m. in the County Commission Chamber. 8. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, November 24, 2009 at 1:30 p.m. in Conference Room #3. 9. County offices will be closed on Thursday, November 26, 2009 and Friday, November 27, 2009 to observe Thanksgiving. 10. County offices will be closed on Thursday, December 24, 2009 and Friday, December 25, 2009 to observe Christmas. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. October 20, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 10/19/2009 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 20, 2009 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stiucieco.org 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 MW INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the October 13, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. PULLED PRIOR TO MEETING - Presentation by members of the Equestrian Subcommittee of the SLC Extension Advisory Council: Thea Bullard and Kathryn Hensley V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 55 and 3. B. COUNTY ATTORNEY Authorization to Enter into an Impact Fee Payment Agreement with Port St. Lucie Mini - Warehouse, Ltd. for Delinquent Impact Fees pursuant to Resolution No. 09-114 Consider staff recommendation to approve the attached Impact Fee Payment Agreement with Port St. Lucie Mini -Warehouse, LTD. and sign the Agreement as drafted by the County Attorney's office. 2. Revocable License Agreement - Mr. and Mr. David Green — 6605 Kenwood Road — Lakewood Park Consider staff recommendation to approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and direct Mr. & Mrs. Green to record the document in the Public Records of St. Lucie County, Florida. B. COUNTY ATTORNEY CONTINUED 3. Revocable License Agreement — Cedar Creek Engineering — Orange Avenue — Monitoring Wells Consider staff recommendation to approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and instruct Cedar Creek Engineering to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. C. AGRICULTURE — COUNTY EXTENSION OFFICE Application Submittal — Caribbean Conservation Corporation — Sea Turtle Grants Program Consider staff recommendation to approve to submit application for Caribbean Conservation Corporation — Sea Turtle Grants Program. D. PUBLIC WORKS 1. Cortez Boulevard and S. 25m Street Intersection Improvements Consider staff recommendation to approve of the Signalization Road Improvement Agreement with Cortez Townhomes, LLC and authorization for the Chair to sign documents as approved by the County Attorney. 2. Approval of Taylor Creek Restoration Dredging Phase 2. Consider staff recommendation to approve of Work Authorization No. 11 with Dredging and Marine Engineering, LLC. for the engineering design of Taylor Creek Restoration Dredging Phase 2, in the amount of $316,980, and authorization for the Chair to sign documents as approved by County Attorney. 3. Angle Road Sidewalk Project (Phase III — Avenue D Extension) Consider staff recommendation to approve of the Eighth Amendment to Work Authorization No. 5 with Inwood Consulting Engineers in the amount of $18,075 for the Angle Road Sidewalk Project (Phase III — Avenue D Extension), and authorization for the Chair to sign documents as approved by the County Attorney. E. SHERIFF'S OFFICE Permission to accept the 2009 State Criminal Alien Assistance Grant Consider staff recommendation to authorize the acceptance of the 2009 State Criminal Alien Assistance Program Grant award in the amount of $243,460. Budget Resolution No: 09-300. 2. Request for distribution from the Law Enforcement Trust (L.E.T.) Fund in the amount of $123,131.22 for budget year 2009. Consider staff recommendation to approve of the Sheriffs budget amendment and transfer of funds in the amount of $123,131.22. 3. Budget Amendment for Miscellaneous Income for budget year 2009. Consider staff recommendation to approve of the Sheriffs request for a budget amendment to increase the budget for miscellaneous revenues by $70,345. F. COMMUNITY SERVICES Federal Transit Administration (FTA) Section 5307 FY 2009 Application Consider staff recommendation to approve authorization to submit an FTA Section 5307 application in the amount of $1,469,589.00, approval of Resolution No. 09-299 and authorization for the Chair to sign documents as approved by the County Attorney. 2. Interlocal Agreement with St. Lucie County and St. Lucie County Transportation Planning Organization for the Federal Transit Administration (FTA) 5316 and 5317 grants Consider staff recommendation to approve the Interlocal Agreement with St. Lucie Transportation Planning Organization in the amount of $25,260 to provide planning, technical assistance, development and implementation for grant administration of the FTA Section 5316 JARC grant and Section 5317 NF grant and authorization for the Chair to sign documents as approved by the County Attorney. 3. Federal Transit Administration (FTA) 5309 FY 2009 application Consider staff recommendation to approve authorization to apply for an FTA Section 5309 grant in the amount of $225,720.00, and authorization for the Chair to sign documents as approved by the County Attorney. G. LIBRARY State Aid to Libraries Grant Consider staff recommendation to authorize the Chair to sign the application for the State Aid to Libraries Grant application. H. ADMINISTRATION Tourist Development Council Capital Grants Program Consider staff recommendation to approve Tourist Development Council Capital Grants Program implementation and application, per the attached memorandum. 2. Contractors Certification Board Consider staff recommendation to reappoint Doug Davis to the Contractors Certification Board for the term of July 2009 through July 2013. Contractors Certification Board Consider staff recommendation to reappoint Fred Rohrbough to the Contractors Certification Board for the term of July 2009 through July 2013. 4. Contractors Certification Board Consider staff recommendation to reappoint John Langel to the Contractors Certification Board for the term of July 2009 through July 2013. MANAGEMENT AND BUDGET Bid No. 09-08, Golf Cart Lease Consider staff recommendation to approve to award Bid No. 09-068, Golf Cart Lease, to Club Car, Inc. of Orlando, Florida, in the amount $71.04 per cart, per month and authorization for the Chair to sign documents as approved by the County Attorney. GRANTS/DISASTER RECOVERY Severe Repetitive Loss Pilot Program — Revised Grant Applications Consider staff recommendation to approve authorization to first withdraw and then resubmit three grant applications to the Florida Department of Emergency Management/Federal Emergency Management Agency. END OF CONSENT AGENDA PUBLIC HEARINGS VII. A. COUNTY ATTORNEY Ordinance No. 09-022 — Roads, Parks and Public Buildings Impact Fees This is the first of two public hearings. The second public hearing is scheduled on Tuesday, December 1, 2009 at 6:00 p.m. in the County Commission Chambers. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. ADMINISTRATION Tourist Development Council Capital Funding for Airport Terminal Renovation Consider staff recommendation to approve of Tourist Development Council's determination and recommendation that the 'Board use $100,000 of the Tourist Development Council Capital Funds towards the local match for the Airport Terminal Renovation, as outlined in the attached memorandum. IX. COUNTY ATTORNEY Resolution No. 09-292 Consider staff recommendation to approve the revised Resolution and authorize the Chair to sign the Resolution. IX. ANNOUNCEMENTS 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. The Board of County Commissioners will hold a Workshop with Fort Pierce Farms on Monday, November 2, 2009 at 2:00 p.m. in Conference Room #3. IX. ANNOUNCEMENTS CONTINUED 3. The 241n Annual Muster at the National Navy SEAL Museum will take place November 5�1 -7tn Events include aerial demonstrations, free open house and more. For more information please visit www.navvsealmuseum.com or call (772) 595-5845. The National Navy SEAL Museum is located at 3300 North Al A, North Hutchinson Island - Fort Pierce. 4. The St. Lucie County International Airport will host its annual "Airport Day" on Saturday, November 7, 2009 from 9:00 a.m. to 1:00 p.m. This event is held in conjunction with the 24t1 Annual Muster at the National Navy SEAL Museum. For more information please call 772-462-1732. 5. 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. 6. 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., Friday, November 13, 2009 from 1:00 p.m. to 4:00 p.m. and Monday, November 16, 2009 from 1:00 p.m. to 4:00 p.m. at the Havert L. Fenn Center in Room B. The Board of County Commissioners will hold the Annual Reorganization meeting on Tuesday, November 17, 2009 at 9:00 a.m. in the County Commission Chamber. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, November 24, 2009 at 1:30 p.m. in Conference Room #3. 9. County offices will be closed on Thursday, November 26, 2009 and Friday, November 27, 2009 to observe Thanksgiving. 10. County offices will be closed on Thursday, December 24, 2009 and Friday, December 25, 2009 to observe Christmas. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 13, 2009 Convened: 9:05 a.m. Adjourned: 9:20 a.m. Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Chris Dzadovsky, Chris Craft, Doug Coward Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Rec. Director, Don West, Public Works Director, Lauri Case, Utilities Director, Marie Gouin, OMB Director, Jack Southard, Public Safety Director, Jim David, Mosquito Control Director, Mark Satterlee, Growth Management Director, Leo Cordeiro, Solid Waste Director, Roger Shinn, Central Services Director, Diana Lewis, Airport Director, Mike Powley, County Engineer, Millie Delgado -Feliciano, Deputy Clerk INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the October 6, 2009 meeting. It was moved by Com. Grande, seconded by Com. Coward, to approve the minutes of the meeting held October 6, 2009, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS MKINMENIMEM - Resolution No. 09-298 proclaiming the month of November as "ALZHEIMER'S DISEASE AWARENESS MONTH" in St. Lucie County, Florida Consider staff recommendation to adopt Resolution No. 09-298 as drafted. B. A presentation to Eric Gill, St. Lucie County Public Information Officer, was made by Linette Trabulsy of the Treasure Coast Chapter of the Florida Public Relations Association V. GENERAL PUBLIC COMMENT Mr. Frank Andrews, St. Lucie County Humane Society, advised the Board the Humane Society has received the maximum grant for the spay and neuter program. VI. CONSENT AGENDA It was moved by Com. Dza dovsky, seconded by Com. Grande, to approve the Consent Agenda as amended, and; upon roll call, motion carved unanimously. A. WARRANTS Approve warrant list No. 54,1 and 2. The Board approved Warrant List Nos. 54,1, and 2. B. COUNTY ATTORNEY 1. Authorization to enter into an Impact Fee Payment Agreement with Vivia Thompson and Sheena Sigsworth for delinquent Impact Fees pursuant to Resolution No. 09-114. The Board approved the attached Impact Fee Payment Agreement with Vivia Thompson and Sheena Sigsworth and authorized the Chair to sign the Agreement as drafted by the County Attorney's office. 10/06/09 FZABWARR FUND TITLE 001 001113 001180 001188 001442 001501 101 101002 101003 101004 102 102001 102809 107 107001 107002 107006 107205 129 130 140 140001 150 160 183 183004 185009 185010 189100 189201 210 215 216 217 282 401 418 451 458 461 471 478 479 491 505 505001 611 625 ST. LUCIE COUNTY - BOARD WARRANT LIST # 1- 01-OCT-2009 TO 05-OCT-2009 FUND SUMMARY General Fund CDBG•Supp Disaster Recovery Subgran US Dept Housing HUD Shelter Plus Gr Section 112/MPO/Fhwa/Planning 2007 FCTD Planning Grant Agreement CSBG 2008-2009 Dept of Health and H Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Phase 2 SFWMD Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund -Court Related Technology Juvenile Justice & Delinquency Prev Parks MSTU Fund SLC Public Transit MSTU Airport Fund Port Fund Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court FHFA SHIP 2007/2008 FHFA SHIP 2008/2009 Home Consortium FHFC Hurricane Housing Recovery Pla Impact Fees I&S Sales Tax Revenue Bonds I&S Fund County Capital I&S State Revenue Sharing Bonds I&S Fnd Environmental Land I&S Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library EXPENSES 2,285,124.00 211.64 100.35 804.29 28.06 339.67 2,855.32 3, 315 . 82 949.76 1,236.44 5, 656.16 370.20 734.52 4,015,401.78 85.61 85.62 643.20 158.79 922,356.50 161.13 1,090.08 11,260.00 114.61 224.34 221.66 394.13 1.28 149.60 100.34 2, 001.79 111,479.98 3,422,028.13 853,053.26 713,381.26 1,432,205.00 4,175.65 1,538.63 245.46 39.56 1,218.98 658,167.62 96.93 110.05 2,461.62 1, 699.16 984,145.00 150.91 720.00 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 159.68 0.00 0.00 0.00 0.00 326.74 0.00 0.00 0.00 10/12/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #2 - 09-OCT-2009 PAGE TO 12-OCT-2009 FUND SUMMARY FUND TITLE 001 EXPENSES PAYROLL General Fund 001113 CDBG Supp Disaster Recovery Subgran 101002 Transportation 2,317,970.51 2,400.00 0.00 101003 Trust/80% Constitut Transportation Trust/Local 176.08 0.00 0.00 101004 102 Option Transportation Trust/County Fuel Tx 0.00 102001 Unincorporated Services Fund 39.50 0.00 103 Drainage Maintenance MSTU 11,749.02 616.09 0.00 107 Law Enforcement MSTU 18,719. 0.00 107001 Fine & Forfeiture Fund 7 8,495.35 0.00 111 Fine & Forfeiture Fund -Wireless Sur 165,384.00 0.00 River Park I Fund 2,384.00 0.00 112 River Park II Fund 82.21 0.00 113 Harmony Heights 3 Fund 18.79 0.00 114 115 Harmony Heights 4 Fund 8.13 0.00 116 Sheraton Plaza Fund 14.26 0.00 117 Sunland Gardens Fund 17.23 0.00 118 Sunrise Park Fund 19.61 0.00 119 Paradise Park Fund 7.05 0.00 120 Holiday Pines Fund 26.74 0.00 121 The Grove Fund Blakely Subdivision 30.97 0.00 122 Fund Indian River Estates . 6.07 0.00 123 126 Fund Queens Cove Lighting Dist#13 Fund 0.00 0.00 129 Southern Oak Estates Lighting 16.30 .2 0.00 130 Parks MSTU Fund 7.50 0.00 136 SLC Public Transit MSTU 15,009.33 0.00 138 Monte Carlo Lighting MSTU#4 Fund Palm 5,4 .84 0.00 139 Lake Gardens MSTU Fund Palm 1 51.84 0.00 242 Grove Fund 12.06 0.00 282 Port I&S Fund 21.38 0.00 318102 Environmental Land I&S Fund 0.00 401 FHWA Angle Rd Sidewalk & Signalizat Sanitary Landfill 3,007.83 3,395.73 71,743.00 0.00 471 505 Fund No County Utility District-Operatin 1,743.00 0.00 0.00 611 Health Insurance Fund 1,256.71 0.00 625 Tourist Development Trust-Adv Fund Law 208,135.44 0.00 Library 8,250.00 0.00 64.95 0.00 GRAND TOTAL: 2,838,365.67 0.00 10/08/09 FZABWARR FUND TITLE 001 001113 001176 001184 001188 001191 001505 101 101002 101003 101004 101006 102 102001 102809 104 105 107 107002 107006 107205 107206 109 ill 112 120 122 130 130100 130101 139 140 140351 140358 160 181 183 183001 183006 184209 184212 189100 189201 316 318 318102 401 418 ST. LUCIE COUNTY - BOARD WARRANT LIST #54- 01-OCT-2009 TO 08-OCT-2009 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran FTA Section 5303 F/Y06 CDBG 07 Section 112/MPO/Fhwa/Planning 2007 FTA Sec 5309 Buses 06/07 FDCA Emerg. Mgmt Prep & Assist FY09 Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Phase 2 SFWMD Grants & Donations Fund Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar F&F Fund -Court Related Technology Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt Drug Abuse Fund River Park I Fund River Park II Fund The Grove Fund Indian River Estates Fund SLC Public Transit MSTU FTA 5307 Capital and Operating assi FTA Operating and Capital Assist Palm Grove Fund Airport Fund Install Access Control System FDOT Update Master Drainage Plan Plan Maintenance RAD Fund SLC Housing Finance Authority Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Guardian Ad Litem Fund FDEP - Fort Pierce Shore Protection Fort Pierce IMP Implementation Home Consortium FHFC Hurricane Housing Recovery Pla County Capital County Capital -Transportation Bond FHWA Angle Rd Sidewalk & Signalizat Sanitary Landfill Fund Golf Course Fund EXPENSES 256, 966. 93 22,507.00 53,507.09 18,236.00 363.96 512.00 8, 962.82 5, 915.32 18,713.09 23,181.58 7, 699.51 16,754.02 5, 630.49 31,444.67 5, 469. 62 175, 000. 00 137.70 53, 431.28 6, 877. 41 16,626.66 562.50 181.35 35.00 2,898.38 618.61 182.50 1, 049. 97 123,977.43 45,533.00 64,445.00 773.60 4,208.17 298,139.89 36, 957.45 61.86 185.63 3,305.07 80.00 839.43 18,435.24 31,519.52 1,247.00 42,418.00 48,091.16 2,040.00 10,575.09 470,891.82 6,341.01 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 2. Authorization to Enter into an Impact Fee Payment Agreement with Norman and Ophelia McDaniels for Delinquent Impact Fees Pursuant to Resolution No. 09-114 The Board approved the attached Impact Fee Payment Agreement with Norman and Ophelia McDaniels and authorized the Chair to sign the Agreement as drafted by the County Attorney's office. B. COUNTY ATTORNEY CONTINUED Treasure Coast Education, Research and Development Authority — OF/IFAS Weather Station Site Memorandum of Understanding The Board approved the proposed Memorandum of Understanding for the relocation of the OF/IFAS Weather Station, and authorized the Chair to sign the Memorandum of Understanding. 4. Fort Pierce Utilities Authority — 10'x110' Utility Easement — Administration Building — Parcel I.D. No. 2416-504-0770-000-8 The Board approved the Utility Easement in favor of Fort Pierce Utilities Authority, authorized the Chair to execute the Easement and directed staff to record the Easement in the Public Records of St. Lucie County, Florida 5. Interlocal Agreements for Court Administration and Guardian Ad Litem Funding The Board approved the Interlocal Agreements 6. Allied New Technologies - Second Amendment to October 4, 2007 Road Improvement Agreement; First Amendment to November 6, 2007 Escrow Agreement The Board approved the Second Amendment to the October 4, 2007 Road Improvement Agreement and the First Amendment to the November 6, 2007 Escrow Agreement and authorized the Chair to sign the Second Amendment and the First Amendment FBO Fort Pierce, L.L.C. - Approval of Financing by Florida Development Finance Corporation (FDFC) pursuant to Resolution No. 09-0301, and Consent to Assignment of Lease from Volo Holdings Fort Pierce, L.L.C. to FBO Fort Pierce, L.L.C. The Board approved Resolution No. 09-0301 and consented to the assignment of the lease agreement with Volo Holdings Fort Pierce, L.L.C. to FBO Fort Pierce, L.L.C., and authorized the Chair to sign the necessary documents, subject to approval as to legal form and correctness by the County Attorney. 8. Facilities Use Agreement with the SLC Health Department- the Board appro ved the Facilities Use Agreement with the St. Lucie County Health Department. C. PUBLIC WORKS Bid waiver and sole source determination The Board approved the bid waiver and sole source determination for service and the purchase of parts to the following companies: Kelly Tractor for Caterpillar, Flagler Equipment Company for Volvo and Samsung, Menzi USA for Menzi Muck equipment, Econolite Control Products for Traffic signal equipment and Great and Great Southern Equipment for Gradall and authorized for the Chair to sign contracts as approved by the County Attorney. D. PARKS AND RECREATION Waiver of Facility Rental Fees for Core Communities Port St. Lucie Fall Festival The Board approved waiving $4,313.25 in facility rental fees for Core Communities Port St. Lucie Fall Festival at Tradition Field as outlined in the agenda memorandum. D. PARKS AND RECREATION CONTINUED 2. Budget Resolution 09-288 — Lawnwood and South County Regional Stadiums Revenue and Expense The Board approved Budget Resolution No. 09-288, allocating $110,000 in revenues and $110,000 in expenses for Lawnwood and South County Regional Stadiums as outlined in the agenda memorandum and authorized the Chair to sign documents as approved by the County Attorney. 3. Capital Improvement Projects at Tradition Field The Board approved the request from Sterling Facility Services, L.L.C. to complete the FY 09/10 capital improvement projects in the amount of $67,870.02 as outlined in the agenda memorandum. E. GROWTH MANAGEMENT Impact fee methodology update. The Board approved of the third amendment with James C. Nicholas, PhD to extend the agreement to December 31, 2009 and increase the contract amount by $5,000, as outlined in the agenda memorandum. Authorized the Chair to sign documents as approved by the County Attorney. Annual update to the Comprehensive Plan Capital Improvements Element (CIE) or FY2009/10 — FY 2013/14. The Board approved advertising proposed Ordinance 09-029 updating the Capital Improvements Element for FY 2009/10 — FY 2013/14 for a public hearing before the Board of County Commissioners on November 3, 2009 beginning at 6:00 p.m. or as soon thereafter as possible. F. PUBLIC SAFETY County Emergency Management Preparedness and Assistance Trust Fund Program Base Grant (EMPA). The Board approved the State of Florida, Division of Emergency Management Agreement #10-BG-25-10-66-01 in the amount of $105,806 less $3,082.00 for recurring charges for satellite communication service and authorized the Chair to sign the agreement as approved by the County Attorney. Also, Board approval of Budget Resolution No. 09-287. 2. Second Amendment to the Schenkel Shultz Contract No. C06-08-446 The Board approved the Second Amendment to the Schenkel Shultz contract No. C06- 08-446 and authorized the Chair to sign documents as approved by the County Attorney. Also, Board approval Budget Amendment No. 10-002. 3. Ethernet Time Server for the 911 Center The Board approved the purchase of an Ethernet Time Server for the 911 Center in the amount of $1,500.00 and authorized the Chair to sign documents as approved by the County Attorney. Also, approved Budget Resolution No. 09-290 and Equipment Request No. EQ10-014. G. AIRPORT Resolution No. 09-294, Florida Department Transportation (FDOT) Joint Participation Agreement (JPA), Taxiway A and B Rehabilitation The Board approved Resolution No. 09-294 accepting the FDOT Joint Participation Agreement in the amount of $71,250 for the Taxiway A and B Rehabilitation project, and authorized the Chair to sign the document as approved by the County Attorney. H. ADMINISTRATION Economic Development Council Fourth Quarter Invoice The Board approved accepting the Fourth Quarter Report from EDC as fulfilling the requirements of the Contract and authorized disbursing payment in the amount of $62,500 towards the matching grant. 2. 2009/2010 Contracts for the Treasure Coast Sports Commission The Board approved the 2009/2010 contracts for the Treasure Coast Sports Commission in the amount of $250,000 and authorized the Chair to sign the contracts as prepared by the County Attorney. SOLID WASTE Bid waiver and sole source declaration The Board approved a bid waiver and sole source determination or the purchase of parts and service from Kelly Tractor for Caterpillar, Flagler Equipment for Volvo, Sierra International Machinery for the balers and conveyors, Continental Biomass Industries for the grinder ad Lubo, USA for the construction and demolition recycling equipment. Authorized the Chair to execute contracts as approved by the County Attorney. 2. Purchase of Equipment from City of Port St. Lucie The Board approved Equipment Request EQ10-015 and Budget Amendment BA10-001. Additionally, Board authorized purchasing a used tractor and Litter Picker from City of Port St. Lucie for a total purchase price of $20,000. 3. Construction of a closure cap system on Phase II and III A of the Class I Landfill. The Board approved and authorized the Chair to execute an Agreement from CDM, as approved by the County Attorney for engineering services to assist St. Lucie County with the construction of a closure cap system on Phase II and III A of the Class I Landfill for $671,100 as outlined in the agenda memorandum. Landfill gas system management. The Board approved and authorized the Chair to execute an Agreement from CDM, as approved by the County Attorney for engineering services related to the landfill gas system management for a lump sum of $375,350. J. MANAGEMENT AND BUDGET Amendment to Contract for Temporary Clerical Personnel Services The Board approved the first amendment to Contract No. C08-01-013 with Kelly Services, Inc., extending the contract through December 31, 2010, and authorized the Chair to sign documents as approved by the County Attorney. Amendment to Contract for Fire Alann System Testing, Monitoring and Inspections The Board approved the fourth amendment to Contract No. C06-07-542 with 1It Fire & Security, Inc., extending the contract through September 30, 2010, and authorized the Chair to sign documents as approved by the County Attorney. 3. Bid No. 09-065, Installation of Light Grid, Fixtures and Electrical for a Multi -use TV Studio The Board approved awarding Bid No. 09-065, Installation of Light Grid, Fixtures and Electrical for a Multi -use TV Studio, to IM Solutions, in the amount of $219,791.00 and authorized the Chair to sign documents as approved by the County Attorney. 4. Request for Proposal for Canoe and Kayak Rental The Board approved advertising a Request for Proposal for canoe and kayak rental at River Park Marina. 5. Request for Qualifications (RFQ) No. 09-042, Stormwater Management —Continuing Contract The Board approved of the short-listed firms for Stormwater Management and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firms; 3. If negotiations are successful, award contract to the successful short-listed firms and authorization for the Chair to sign the documents as prepared by the County Attorney. Amendment to Contract for Car Washing Services The Board approved the third amendment to Contract No. C07-11-704 with Rocket Car Wash, Inc., extending the contract through November 5, 2010, and authorized the Chair to sign documents as approved by the County Attorney. Request for Qualifications (RFQ) No. 09-053, Architectural Services for the Jail Medical Addition and Minimum Security Dormitory The Board approved the short-listed firms for architectural services for the jail medical addition and minimum security dormitory and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chair to sign the documents as prepared by the County Attorney. 8. Authorization to Advertise a Public Hearing The Board approved the scheduling and advertising of a public hearing to amend the fiscal year 2008-09 budget. PUBLIC HEARINGS VII. There are no public hearings scheduled for October 13, 2009. END OF PUBLIC HEARINGS REGULAR AGENDA Vill. COUNTY ATTORNEY THIS ITEM WAS PULLED PRIOR TO THE MEETING IX AVINIM K The Public Works Director advised the Board the county's portion of the project would be paid through the road bond . He stated in the past the State had been very conservative with their estimates. However he felt they have done an adequate job in their estimate. He advised the Board if there were to be any unanticipated costs in their share, they had $300,000 in their budget for this purpose. It was moved by Com. Grande, seconded by Com. Craft, to approve Resolution No. 09.302 and Resolution No. 09-303, 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 Missv Stiadle From: Missy Stiadle Sent: Monday, October 19, 2009 8:18 AM To: Barbara Felton; Carol Bishop; Charlene Furtado; Charline Burgess; Chris Craft; Chris Dzadovsky; Daniel McIntyre; Doug Coward; Erick Gill; Eva O'Donnell; Faye W. Outlaw; Mille Feliciano; Michelle Hylton; Ja'net 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 Subject: Pulled agenda item on the 10/20/2009 Agenda Importance: High Presentation IV -A on the 10/20/09 Agenda has been pulled. 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LUCIE COUNTY - BOARD WARRANT LIST #55- 12-OCT-2009 TO 14-OCT-2009 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran USDOJ Violence Against Women Grant Section 112/MPO/Fhwa/Planning 2007 Dept of Financial Services My Safe INTACT Inspired Network to Achieve CSBG 2008-2009 Dept of Health and H FDCA Emerg. Mgmt Prep & Assist FY09 Us Dept of Health Earned Income Tax SFWMD Watershed Centerpiece Exhibit Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU NFWF St. Lucie Turtle Habitat Impro SFWMD Lakewood Park Stormwater Impr Paradise Park Phase 2 SFWMD Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt Sheraton Plaza Fund Paradise Park Fund Blakely Subdivision Fund SLC Public Transit MSTU FCTD TRIP FY 09/10 Airport Fund FAA Security Fencing & Runway 9L/27 DOT -New N. Entrance Port Ft. Pierce Parallel Runway Design-9L/27R Install Access Control System FDOT Environmental Mitigation FDOT Upgrade Airport Lights & Signa Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP South SLC Beach Restoration EXPENSES 608,744.80 0.00 13,199.23 536.78 1,107.02 2,204.90 22,137.80 9, 685.66 49.00 6,253.89 13,092.56 22,402.14 17,422.93 15,458.89 50,465.50 72,414.02 488.97 9,700.00 43,444.80 950.40 8, 810.55 93,966.98 1,322.42 682.74 2, 638.90 20,593.24 1, 346.82 37,647.24 649.91 898.20 99.36 0.00 27,862.36 25,071.40 132,355.52 18,357.07 6, 966.08 16,789.03 51,022.26 28,842.00 0.00 439.99 2, 954 .62 360.00 546.50 50.00 1,353.09 24,149.26 PAYROLL 162,198.73 864.48 0.00 3,361.38 0.00 0.00 694.56 0.00 0.00 0.00 11,714.16 13,537.05 5,854.98 5,078.12 0.00 22,868.58 1,598.24 0.00 0.00 1, 062 .14 0.00 39,722.44 336.85 336.85 0.00 2, 621.09 743.90 0.00 0.00 0.00 0.00 652.85 0.00 4,718.27 0.00 0.00 0.00 0.00 0.00 0.00 456.96 905.76 902.85 0.00 0.00 1, 621. 42 0.00 0.00 a 10/14/09 FZABWARR FUND TITLE ST. LUCIE COUNTY - BOARD WARRANT LIST #55- 12-OCT-2009 TO 14-OCT-2009 FUND SUMMARY FHFA SHIP 2008/2009 Home Consortium FHFC Hurricane Housing Recovery Pla County Capital I&S Capital Projects I&S Impact Fees -Library FDEP/FRDAP MLK/Dreamland Park County Capital County Capital -Transportation Bond FDOT Airport Terminal Renovations Indian River Estates MSBU Harmony Heights MSBU Lennard Road 1 - Roadway Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund SLC Economic Development Trust Fund Bank Fund EXPENSES 0.00 600.00 17,290.07 1,202.00 39,500.00 2, 667.50 3,279.00 20,289.27 496,490.39 11,938.60 1,238.08 3,531.00 5,337.60 45,298.66 4, 924.68 37,767.93 0.00 15,857.21 120,943.37 6, 514.73 10,000.00 3, 129. 67 31,891.74 60.00 12,500.00 19,440.05 PAGE PAYROLL 648.98 402.00 824.16 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 16,708.93 7,600.89 951.13 133.07 5, 647. 64 2,143.65 339.80 374. 60 10,027.68 1,524.26 600.32 0.00 0.00 GRAND TOTAL: 2,327,226.38 329,778.77 2 :1�. 16/09 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #3 - 15-OCT-2009 TO 16-OCT-2009 FUND SUMMARY EXPENSES PAYROLL FUND TITLE 161,S79.37 0.00 001 001113 General Fund CDBG Supp Disaster Recovery Subgran 2,611.79 0.00 0.00 001176 FTA Section 5303 F/Y06 76.03 7,539.15 0.00 001180 US Dept Housing HUD Shelter Plus Gr 741.00 0.00 001188 Section 112/MPO/Fhwa/Planning 2007 0.00 001190 FTA Sec 5307 - Buses 05/06 900.00 4,509.00 0.00 001194 U.S. Dept of Housing & Community 10.61 0.00 001442 FCTD Planning Grant Agreement 51.09 0.00 001501 CSBG 2008-2009 Dept of Health and H 244.70 0.00 001505 FDCA Emerg. Mgmt Prep & Assist FY09 61.99 0.00 001510 CSBG FY 2009-2010 57.21 0.00 001511 ARRA CSBG 2009 15,535.53 0.00 101 Transportation Trust Fund 10,377.56 0.00 101002 Transportation Trust/80% Constitut 0.00 101003 Transportation Trust/Local Option 1,821.45 0.00 101004 Transportation Trust/County Fuel Tx 1,195.06 0.00 102 Unincorporated Services Fund 6,187.45 0.00 102001 Drainage Maintenance MSTU 13,701.79 0.00 102809 Paradise Park Phase 2 SFWMD 506.55 0.00 107 Fine & Forfeiture Fund 465,982.73 107001 Fine & Forfeiture Fund -Wireless Sur 6,059.10 0.00 107002 Fine & Forfeiture Fund-E911 Surchar 567.25 0.00 107005 F&F Fund -Legal Aid 17,514.34 0.00 107006 F&F Fund -Court Related Technology 645.14 0.00 107205 Juvenile Justice & Delinquency Prev 158.79 0.00 130 SLC Public Transit MSTU 161.39 0.00 140 Airport Fund 1,112.11 0.00 140001 Port Fund 73.49 0.00 150 Impact Fee Collections 11S.00 0.00 160 Plan Maintenance RAD Fund 9,343.27 0.00 183 Ct Administrator-19th Judicial Cir 417.90 0.00 183001 Ct Administrator-Arbitration/Mediat 20.00 0.00 183004 Ct Admin.- Teen Court 39S.38 0.00 183006 Guardian Ad Litem Fund 43,566.52 0.00 185010 FHFA SHIP 2008/2009 151.02 0.00 189100 Home Consortium 100.49 0.00 189201 FHFC Hurricane Housing Recovery Pla 204.90 0.00 204 Communication System I&S Fund 91,100.00 0.00 310001 Impa-ct Fees -Library 1,329.3S 0.00 401 Sanitary Landfill Fund 21,813.65 0.00 418 Golf Course Fund 6,747.44 0.00 451 S. Hutchinson Utilities Fund 458.28 0.00 458 SH Util-Renewal & Replacement Fund 35.94 0.00 461 Sports Complex Fund 4,462.29 0.00 471 No County Utility District-Operatin 988.03 0.00 478 No Cty Util Dist -Renewal & Replace 89.73 0.00 479 No Cty Util Dist -Capital Facilities 99.61 f 0.00 491 Building Code Fund 2,600.89 0.00 10/16/09 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #3 - 15-OCT-2009 TO 16-OCT-2009 FUND SUMMARY FUND TITLE EXPENSES 505 Health Insurance Fund 66,582.64 611 Tourist Development Trust-Adv Fund 151.06 625 Law Library 324.00 650 Agency Fund 555.11 801 Bank Fund 212,142.05 GRAND TOTAL: 1,183,776.22 t PAYROLL 1,635.92 0.00 0.00 0.00 0.00 1, 635. 92 Is AGENDA REQUEST C6UNTY F L O R I D A TO; BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO, VI-8-1 20 DATE: October t, 2009 REGULAR[] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Katherine Mackenzie -Smith Assistant County Attorney SUBJECT: Authorization to Enter into an Impact Fee Payment Agreement with Port St. Lucie Mini -Warehouse, Ltd. for Delinquent Impact Fees pursuant to Resolution No. 09-114 BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the attached Impact Fee Payment Agreement with Port St. Lucie Mini - Warehouse, LTD. and sign the Agreement as drafted by the County Attorney's office. COMMISSION ACTION: APPROVED [ ] DENIED [ ]OTHER: Approved 5-0 County Attorney: Daniel S. McIntyre Originating Dept. Finance: (Check for copy only, if applicable) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals ManagementDBuet Purchasing; Public Works County Eng.:. Chr L str n e Eff. 5/96 INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie -Smith, Assistant County Attorney C.A. NO: 09-1217 DATE: September 25, 2009 SUBJECT: Authorization to enter into an Impact Fee Payment Agreement with Port St. Lucie Mini -Warehouse, LTD. for delinquent Impact Fees pursuant to Resolution No. 09-114. BACKGROUND: St. Lucie County has adopted ordinances establishing impact fees so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide public buildings, roads and parks in St. Lucie County. On September 6, 2005, the Board of County Commissioners approved Ordinance No. 05-030 which provided for an alternative method for collection of impact fees for public buildings, roads and parks. The alternative collection mechanism provided for the County to serve an Impact Fee Statement notice upon the Fee Payer. If the impact fees were not paid and became delinquent, the County served a Notice of Lien upon the Fee Payer and the Owner. The Notice of Lien advised that upon failure to pay the impact fees, the County would record a Claim of Lien with the Clerk of the Circuit Court. Once recorded, the Claim of Lien constituted a lien against the property. On February 3, 2009, the Board of County Commissioners granted permission for the County Attorney to file suit to foreclose said lien(s). It has been requested by Fee Payers to enter into a payment plan to pay the unpaid principal balance, accrued interest, late charges and other default -related costs recoverable under the terms of the Lien. Resolution No. 09-114 allows the Board of County Commissioners to enter into a payment plan with the delinquent fee payer. Such payment schedule shall be in conformity with the following guidelines: A) The terms of the Payment Schedule must be included within a binding Agreement between St. Lucie County and the Fee Payer. B) The Fee Payer shall agree to pay equal monthly payments for a term not to exceed 18 months beginning the month following execution of the Agreement. Payments shall be calculated on a calendar day basis, until paid in full, using the total impact fees, plus the delinquency fee and interest set at the statutory rate for final judgments. An amortization table shall be attached to the Agreement. C) In the event that an action in bankruptcy, mortgage foreclosure or any other interests in the land is instituted, then the full amount of the impact fee shall immediately be due and the County will be authorized to protect any interest that it has in that property. D) Monthly payments will only be accepted for the agreed amount. However, nothing shall prohibit paying the entire balance due at any time during the 18 month term. E) The lien imposed upon the property for the payment of the delinquent impact fees shall remain in place and shall not be released until all impact fees and delinquency fees are paid in full; F) In consideration for the Agreement authorizing the payment of impact fee under a schedule, the Fee Payer shall waive any rights they may have under the statute of limitations or any other law for the institution of an action for the foreclosure of the lien. Port St. Lucie Mini Warehouse, LTD, of 7501 Wiles Road, Suite 205, Coral Springs, FL 33067 has asked for your consideration to enter into the Impact Fee Payment Agreement. Their payment would be $1,913.95 for 18 months for a total of $34,451.10. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the attached Impact Fee Payment Agreement with Port St. Lucie Mini -Warehouse, LTD and sign the Agreement as drafted by the County Attorney's office. Respectfully submitted, lti/ Katherine Mackenzie -Smith Assistant County Attorney KMS/caf Attachment 006 IMPACT FEE PAYMENT AGREEMENT 1. PARTIES. "Mini -Warehouse" means "Port St. Lucie Mini -Warehouse, LTD" and their successors and assigns. "County" means St. Lucie County, a political subdivision of the State of Florida, and its successors and assigns. 2. IMPACT FEE LIEN. On September 29, 2008, the County recorded Claims of Lien for failure of impact fees to be paid on three permits. Those permits include #0805395, #0805396 and #0805397. 3. PROMISE TO PAY. Mini -Warehouse promises to pay the principal sum of $32,114.40 plus interest fees and cost for a total of 34,451.10. Interest will continue to accrue on this amount until paid in full. Mini - Warehouse agrees that the impact fees due are valid and enforceable against the property. 4. MANNER OF PAYMENT. A. On or before the fifth day of each month, Mini -Warehouse shall pay $1,913.95 to the County. B. Payment shall be made at the office of Code Compliance, 2300 Virginia Avenue, Fort Pierce, Florida, 34982, or at such other place as the County may designate in writing to Mini -Warehouse. 5. RIGHT TO PREPAY. Mini -Warehouse has the right to pay the entire debt evidenced by the Agreement, prior to the dates set forth above in paragraph 4. Monthly payments will only be accepted for agreed amount. 6. FAILURE TO PAY/SALE OF PROPERTY A. If Mini -Warehouse defaults by failing to pay in full any payment required hereunder, the County may require immediate payment in full of the balance remaining due. The County may choose not to exercise this option without waiving its rights. B. If Mini -Warehouse sells the Property, the County will require immediate payment in full of the balance remaining due. C. If the County has required immediate payment in full, as described above in paragraph 3, the County may require Mini -Warehouse to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this note. D. County may foreclose the liens and this Agreement without further notice. HAImpact Fees\PSL Mini Warehouse -Agreement.wpd Pagel of 3 E. County may exercise all other rights available to it under written agreement or applicable law. County's rights are cumulative and may be exercised together, separately, and in any order. 7. WAIVERS. Mini -Warehouse and any other person who has obligations under this Agreement waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the County to demand payments of amount due. "Notice of dishonor" means the right to require the County to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES. Unless applicable law requires a different method, any notice that must be given to Mini -Warehouse under this Agreement will be given by delivering it or by mailing it by first class mail to Mini - Warehouse at 7501 Wiles Road, Suite 205, Coral Springs, FL 33067 or at a different address if Mini - Warehouse has given the County written notice of a different address. Any notice that must be given to County under this Agreement will be given by first class mail to the County at the address stated in paragraph 4.13, or at a different address if Mini -Warehouse is given a notice of that different address. BY SIGNING BELOW, the parties accept and agree to the terms and covenants contained in this Agreement. ATTEST: Deputy Clerk WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney PORT ST. LUCIE MINI -WAREHOUSE, LTD. BY: Print Name: H:\Impact Fees\PSL Mini Warehouse -Agreement.wpd Page 2 of 3 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Revocable License Agreement Mr. & Mrs. David Green 6605 Kenwood Road Lakewood Park BACKGROUND: FUNDS AVAILABLE PREVIOUS ACTION: See Attached Memorandum N/A ITEM NO: VI-B-2 DATE: October 20, 2009 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [X] PRESENTED BY: JoAnn Riley Property Acquisition Manager RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and direct Mr. & Mrs. Green 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 d!? Review and Approvals -t [x] County Attorney: [x] Road and Brides [x] Public Works: A Daniel McIntyre Don Pauley Don West [x] Originating Dept: _7r"(L [x] Engineering: Purchasing: JoAnn Riley Mike Powley PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: October 20, 2009 SUBJECT: Revocable License Agreement Mr. & Mrs. David Green 6605 Kenwood Road Lakewood Park BACKGROUND: David and Amanda Green request permission to install a fence in. the County's 10-foot Drainage and Utility Easement at the rear of their property. Mr. & Mrs. Green would like to use 3 feet of the 10-foot Drainage and Utility Easement. Staff has approved the Revocable License Agreement with the understanding if the encroachment causes any flooding or utilities need to be installed Mr. & Mrs. Green must move the fence at their own expense. Mr. & Mrs. Green 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. Green to record the document in the Public Records of St. Lucie County, Florida. Respectfully submitted, J Ann Riley Property Acquisition Manager r _ BAYARD RD �N �- O, OCALA AVE — za t i I _ --I - — -- - - -- f ... - - -- 0' TOSCA _e Z ENWOOD RD r.._ , LU Q O I ,� -- - W UJ uj I -DONLON RD _ - -- i -- ------------------------- — = -- N Z, Q'. a� N David Green 6605 Kenwood Road Fort Pierce, FL 34951 772-216-5274 �= September 16, 2009 .v _ Property Acquisitions Department, 3rd Floor St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Permit SLC-0909-0037 Parcel ID: 1301-612-0413-000/4 Dear Sir or Madam: I am the owner of the above described parcel. On or about September 3, 2009, my wife, also owner of the property, received Permit No.: SLC-0909-0037, allowing us to build a fence on our property. Before applying for the permit, we were told by County staff, over the phone, that we could build the fence on our property line, thus is the reason we proceeded. During the application process, the clerk advised my wife that there is a 10' utility easement at the rear of our property. After discussion we decided to proceed with building the sides and front of the fence, hoping to reach a resolution for the fence along the rear property line in the near future. Unfortunately, if I place the fence 10' from the property line, there is not enough room for my trailer. We are asking that the County grant us permission to place a 6' wood fence 7' from our property line, as opposed to the 10' the utility easement calls for. This just barely leaves room for the trailer I need to park between the shed and the fence. As you can see in the photos I enclose, all utility poles and utility cables will be on the exterior of the wood fence, and the fence should not interfere with the work of a utility worker or truck. Should the fence ever impede on the productivity of the utility workers, I agree to remove the portion of the fence that interferes with their ability to perform their duties. Likewise, I agree to remove any portion of the fence that interferes with County staffs ability to access the easement. Although I understand there is a 10' utility easement at the rear of my property, I respectfully request that I be granted permission to place a 6' wooden fence 7' from my rear property line based on the details and terms set out in this letter and that my fence permit be revised to reflect said permission. Respectfully Submitted, David Green Enclosures: Photos Permit:0909-0037 r _ _ _ - - �_ _ _ .y �: � - Code Compliance Divislon BUILDING PERMIT 23Qo Virginia Avenue pp>> t=t. PPierco, FL 34982 P?-,ona: (772) 4614-2472 Fax: (7741 :52-6441 http:tlwww.stlucieco,orcdoubiic_worWpenmitting.htm Page 1 Issu-sd: 09r03r2009 Genf #: 637 Permit #: SLC- 0909-0037 Job Location: 6605 KENWOOD RE) City- FORT FIERCE Permit Type: Fence ,;ob Description: INSTALLATION OF 6' HIGH WOOD PRIVACY FENCE ALONG LF FRONT WiTH 3 r ii GATE AND: ALONG LF'i SIDE OF PROPERTY AND RT SIDE OF THE PROPERTY WITH 1 1e GATE AND PT FRONT - 115 ' i INEAR FEET -?HERE IS A !. 110 FT UTILTILY AND DRAINAGE EASEMENT IN THE REAR OF THE PROPERTY SID Lakewood Park Unit 10 Lot: 12 Block: 135 Parcel: 1301-612-0413-00014 Owner Builder AL4ANDA GREEN (772) 461-6729 6605 KENWOOD ROAD FORT PIERCE, FL 34951 Property Owner DAViD GREEN (772) 216-5274 6605 KENWOOD ROAD FORT PIERCE, FL 34951 Property Owner AMANDA GREEN (772) 461-6729 6605 KENWOOD ROAD FORT PIERCE, FL 34951 Setbacks Left: Right: Front: Rear: Zoning: RS-4 Numberof Units: 1.00 Floors: 1 Buildings: 1 Square Footage: OAO Minimum Floor Elevation: Flood Mlap: 70F Flood Zone: X Elev: Permit holder acknowledges through acceptance of this permit that separate permits must be obtained as required by the Florida Building Code including those for all electric, plumbing, mechanical, roofing, and structural work. Further, hetshe acknowledges responsibility to comply withal[ requirements of the 2004 Florida Building Code. NOTICE: in. addition to the requirements In this permit, there may be additional restrictions applicable to this property that may be found in the records of this County, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. s:553.79(10), F.S. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR BUILDING IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. s.713.135, F.S. Christopher Lestrange 9 i�)10� Building Official Date For Automated Inspections, Cail (772) 462-1261 For Questions, Call (772) 462-2172 St. Lucie County Land Development Code Section 11.05.01 (A) (2) states; Building Permits shall expire and become null and void if work authorized by such Building Permit is not commenced, having called for and received a satisfactory inspection, within six (6) months from the date of issuance of the permit, or if the work is not completed within 18 months (permit by contractor) or 24 months (permit by owner) from the date of issuance of the Building Permit, This instrument prepared by: Janet LiCausi under the direction of Daniel S. 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 DAVID A. and AMANDA G. GREEN, husband and wife, whose address is 6605 Kenwood Road, Fort Pierce, FL 34951 (the "Owner") WHEREAS, the Owner owns the property described as follows: Lakewood Park -Unit 10-131k 135, Lot 12, Plat Book 22, Page 29A-29D. WHEREAS, the County is the owner of the property described as: A 10 foot drainage/utility easement, lying in the rear of all lots in Lakewood Park Unit 10, Plat Book 11, Page 29A. WHEREAS, the Owner has requested a Revocable License Agreement for a 6 foot high wood fence 7 feet from their property and within 3 feet of the County's 10 foot drainage/utility easement at the rear of the property described in 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. follows: NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as The County agrees to grant the Owner a Revocable License Agreement for the fence which will encroach within the County's drainage/utility easement. This Revocable License shall extend only to the referenced fence and 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 keep and maintain the fence in the County's drainage/utility easement. The Owner agrees that if the County Engineer and/or Road and Bridge Manager 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 keep the fence in the County's drainage/utility easement. 4. The Owner shall maintain the drainage/utility easement 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 the County's use of the easement and any damage to the County easement 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 Owners' 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 easement, 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 the drainage/utility easement 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: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owner Mr. & Mrs. David Green 6605 Kenwood Road Fort Pierce, Fl 34951 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 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. 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 tares 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: DEPUTY CLERK C'1_ C� 4nr CA1 Witness rI/�1_t 0A.1[.(�G1 7Sies s Witness STATE OF FLORIDA COUNTY OF ST. LUCIE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS M. CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY r DAVID A. GREEN AMANDA G. GREEN The foregoing instrument was acknowledged before me this day of Dc�k)62/1-11 2009, by DAVID A. GREEN and AMANADA G. GREEN his wife who produced ' (type of identification) and who did take an oath. WITNESS my hand and official seal, this day of C6�.b'�4" 2009. My commission expires: NOTARY PUBLIC -STATE OF FLORIDA Signature ofjNotary Public " Chaiy Lynn Colon =Coirzi:ssiOIl' 'D897012 Expires. rULY 20, 2013 BONDED THR* riTL:LVi' C 50.YDIN000.,INC a i { t i �a 3 t Top ��3P - T 1. EXHIBIT 9 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Revocable License Agreement Cedar Creek Engineering Orange Avenue - Monitoring Wells BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: N/A ITEM NO. VI-133 DATE: October 20, 2009 REGULAR [ 1 PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [X] PRESENTED BY: JoAnn Riley Property Acquisition Manager PREVIOUS ACTION: October 21, 2008 - Cedar Creek Engineering was granted permission by the Board of County Commissioners to install monitoring wells in Orange Avenue right-of-way. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and instruct Cedar Creek Engineering to record the Revocable License Agreement 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 ,1 [x] County Attorney: [x] Road and Bridge [x] Public Works: Daniel McIntyre Don Pauley Don West [x] Originating Dept: 14- [x] Engineering: [ti JoAnn Riley Mike Powley PROPER'I"YAC ,UISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: October 20, 2009 SUBJECT: Revocable License Agreement Cedar Creek Engineering Orange Avenue - Monitoring Wells BACKGROUND: On October 25, 2003 there was a traffic accident and liquid fertilizer, diesel fuel and motor oil was spilt at or near 12661 Orange Avenue. This material constitutes hazardous substances and/or pollutants which were released into the soil and groundwater. The purpose of the monitoring wells is to determine if the release of liquid fertilizer and diesel fuel that occurred on October 25, 2003, poses a threat to the drinking water quality in the surrounding area. There is a Final Judgment between the Florida Department of Environmental Protection and Charles Barney Trucking that states Charles Barney Trucking needs to comply with all environmental requirements to clean up the spill. Cedar Creek Engineering was granted permission by the Board of County Commissioners on October 21, 2008 to install 3 to 5 monitoring wells in the right-of-way of Orange Avenue. This request is for an additional 2 wells and 22 temporary inject points at the same site. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and instruct Cedar Creek Engineering to record the Revocable License Agreement in the Public Records of 5t. Lucie County, Florida. Respectfully submitted, JoAnn Riley Property Acquisition Manager I 400 431 430 391 098 This instrument prepared by: Janet LiCausi under the direction of Daniel S. 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, 2300 Virginia Avenue, Fort Pierce, Florida, 34982 (the "County") and CEDAR CREEK ENGINEERING, 325 A Tierney Way, Winchester, KY 40391 ("CEDAR CREEK"). WHEREAS, the County is the owner of the property described as: THAT PORTION OF A COUNTY ROAD RIGHT-OF-WAY, KNOWN AS ORANGE AVENUE, LYING IN SECTION 08, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. WHEREAS, "CEDAR CREEK" requests to install 2 monitoring wells (MW7 and MW8) and 22 temporary injection points for injecting microbes for bio-remediation in the right-of-way of Orange Avenue near address 12661. The proposed wells will be located within 25 feet of the edge of pavement. See Exhibit "'I". WHEREAS, "CEDAR CREEK" will install 2 monitoring wells and 22 temporary injection points for injecting microbes for bio-remediation in the right-of-way, of Orange Avenue. The wells will be 2 inch PVC, approximately 17 feet deep (MW7) and 12 feet (MW8). The temporary points will be 10 feet deep. It will be completed with an 8 or 12 inch manhole installed in concrete flush with the ground surface. See Exhibit "2". WHEREAS, the County has agreed to allow the installation of 2 monitoring wells and 22 temporary injection points 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 "CEDAR CREEK" a limited Revocable License Agreement for the purpose of installing 2 monitoring wells and 22 temporary injection points for injecting microbes for bio-remediation as indicated on the attached Exhibit "1". This license shall extend only to the above -referenced locations (Exhibit 1) and shall not extend to the construction and/or installation of any other structures. 2. This license shall be binding on future successors and assignees of "CEDAR CREEK". "CEDAR CREEK" agrees to provide the County with notice of any change in ownership pursuant to Paragraph seven (7) of this Agreement. 3. The County shall have the right, at the discretion of the County Engineer or the Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachment at "CEDAR CREEK's" sole expense upon thirty (30) days written notice to "CEDAR CREEK". The County Engineer or Road and Bridge Manager may, in lieu of termination, request that "CEDAR CREEK" perform certain alterations to the monitoring wells at "CEDAR CREEK'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. "CEDAR CREEK" shall, at all times, maintain the wells and the 22 temporary injection point locations so as not to be a detriment to the traveling public, and any damage to the right-of-way, pavement, or roadbed during installation or maintenance operations shall be immediately corrected to the satisfaction of the County Engineer or Road and Bridge Manager. 4. "CEDAR CREEK" shall construct the monitoring wells in accordance with all applicable building and highway codes and safety regulations of the County and State of Florida, and shall be maintained solely at the expense of "CEDAR CREEK". 5. "CEDAR CREEK" agrees to allow County employees access to the location of the monitoring wells for County purposes as determined by the County Engineer. 6. "CEDAR CREEK" agrees to provide copies of the results of the sampling of the monitoring wells located in the travelway of Orange Avenue to the County Engineer. 7. All notices, requests 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, addressed to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Cedar Creek Engineering, Inc 325A Tierney Way Winchester, KY 40391 With Copies to: County Attorney Administration Building Annex 2300 Virginia Avenue, 3'd Floor Fort Pierce, FL 34982 St. Lucie County Administrator Administration Building Annex 2300 Virginia Avenue, 3`d Floor Fort Pierce, FL 34982 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. 8. As consideration for the County agreeing to allow the encroachment of the monitoring wells as set forth herein, "CEDAR CREEK" 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 right-of-way by "CEDAR CREEK" or their 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 "CEDAR CREEK's" use of the property. 9. "CEDAR CREEK" shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. "CEDAR CREEK" 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. 2 ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY CEDAR C K ENGINEI16ING, INC. WITNESSES By; IT=S a (Seal) STATE OF KeYN COUNTY OF CAAL The foregoing instrument was acknowledged before me this day of 6*1X( 2009, by FMB KPd""eff AS of CEDAR CREEK ENGINEERING, INC. who produced 'L3ilVfXi, �1eAj (type of identification) and who did take an oath. WITNESS my hand and official seal, this 9-f� day of DOW 2009. My commission expires: j Malah Z12- ---1 � � ature o Notaryublic C;aSanclYa wilco Name of Notary Public Typed, Printed or Stamped 3 traffic -bearing bolt -down manhole ground surface concrete PVC casing - _ _ _ = bentonite clay ACEDAR CREEK EXHIBIT Monitoring Well �ENGINEERING2; Cross -Section Winchester, Kentucky Drawing Date: Drafted vy: PR [CEDAR CREEK oENGINEERING2� Pure Science for Clean Water® 31 July 2009 Mr. Paul Alan Wierzbicki, P.G. Florida Department of Environmental Protection Southeast District Office 400 North Congress Avenue, Suite 200 West Palm Beach, FL 33401-2913 RE: Chuck Barney Trucking Incident 12661 Orange Avenue (SR 68) OGC #: 06-2365 Dear Mr. Wierzbicki, This correspondence is offered in response to your letter of 29 June 2009 in regard to the 20 May 2009 Remedial Action Plan for the above referenced site. In that letter you identified several items requiring attention. Each of these items is addressed below in sequential accordance with your letter: 1. Attached please find an updated professional engineering certification for the RAP which includes the specific language required. We respectfully request postponement of installation of an additional w ell on the north side of Orange Avenue. There is almost no shoulder in this area and the risk from vehicular with traffic, both during well installation and later sampling, are high. The well could indeed improve resolution of the contamination but probably would not fundamentally alter the proposed approach, which is based in part on accessibility, safety and practicality. We request to proceed without the wel I for the time being. In the event future data dictates this well is imperative it would be installed at that tim e. 3. The remedial action plan shall be considered an interim remedial action plan. 4. Each microwell injection point shall be flushed with water after each injection to reduce the potential for fouling or plugging. 5. We have reviewed the Department's internet site about accepted products and have discussed this issue with the Department's Innovative Technology Department. Use of Bi-Chem LC 1010 N20xS is discussed further in items 6 and 13, below. 325 A Tierney Way • Winchester, Kentucky 40391 • 859-745-4225 • 859-745-4228 Fax CedarCreekEngin eering. com Page 2 OGC # 06-2365 Chuck Barney Trucking Incident Response to 29 June 2009 FDEP Letter 31 July 2009 6. Attached please find two documents from the manufacturer of Bi-Chem LC 1010 N20xS providing assurance that the substance does not contain any substance harmful to plants, animals, and organisms and is free from substances that are carcinogenic, mutagenic, teratogenic, or toxic to human beings. The first document is a Certificate of Analysis identifying the components of the product. The second is a letter provided by Novozymes specifically addressing the subject of the product ingredients. The Material Safety Data Sheet, which confirms the product is non-pathogenic, is also included in the attachments. 7. It is understood that per 62-522.300(1), F.A.C., the remedial action shall not discharge into groundwater any contaminant that causes a violation of the water quality standards except within the zone of discharge established by permit. As indicated in the vendor certificate of analysis, the product contains micronutrients, specifically nitrite and ammonia that exceed Groundwater Cleanup Target Levels given in Chapter 62-550 and Chapter 62-777, Table 1. (These are byproducts of the bacteria growth process and are in fact the very compounds we seek to decompose with the product.) For this reason we request permission for a temporary zone of discharge as shown in Figure 4 and discussed in Items 9 and 10, below. 8. A monitoring well shall be installed about 20 feet southeast of MW 313 to monitor nitrate. 9. The 5-foot zone of influence is achieved by a com bination of the injected volume of bacteria and the mixing induced by aeration. (See calculations under Item 10, below.) It is the area in which the average concentration of introduced bacteria is similar to that used in bench testing. It is recognized that the distribution of the bacteria will not be completely homogeneous. In the event the additive w as to uniformly fill the subsurface, the radius of influence would be less than one foot. The tem porary Zone of Discharges will be monitored for compliance with Rule 62-528.630(3), F.A.C. by monitoring groundwater elevations, DO, turbidity, conductivity and pH in each of the nearby monitoring wells. Measurements will be recorded prior to treatment and at least once each day while bacteria injections or aeration are being conducted. 10. It is proposed that 9.1 Ibs of B i-Chem LC 1010 N20xS bacteria solution will be injected into each injection point. This volume will be diluted in 50 gallons of water (total final volume per point), such that the overall bacteria concentration attained in the target zone will be similar to that used in bench testing. Dilution/concentration calculations follow. bench test microbe concentration = 0.34 91L target area = 2213 sf (see Figure 3) target thickness = 10 f t porosity = 0.4 target volume = 2213 • 10 • 0.4 • 28.32 = 250,689 L required mass of microbes = 0.34 • 250,689. 2.205 1000 = 187 lbs Product is sold in 10 pound units. Therefore 200 pounds will be purchased and applied at a rate of 200/22 = 9.1 Ibs per point. 325 A Tierney Way • Winchester, Kentucky 40391 • 859-745-4225 • 859-745-4228 Fax CedarCreekEngineering. cam Page 3 OGC # 06-2365 Chuck Barney Trucking Incident Response to 29 June 2009 FDEP Letter 31 July 2009 11. Cedar Creek Engineering proposes to complete one injection event over a period of 5 to 7 days, applying microbes at 22 points with periodic aeration at those points to facilitate dispersion of the injected microbes and to aerate groundwater. We understand that additional injection events will require approval from the department. 12. The selected air stripper is classified as a biosparging system, as described in 62- 780.700(4), F.A.C. Cedar Creek Engineering will confirm the anticipated low air emissions from the system with a field test during startup using Hydrion Ammonia Test Paper. 13. The product, Bi-Chem LC 1010 N20xS, is not scheduled to be reviewed by the Department for a Department acceptance letter at this time. Thank you for your attention to this matter. If you should have any questions or comments, please do not hesitate to call. Sincerely, CEDAR CREEK ENGINEERING, INC. i Paul Rodgers, PE cc: Michael White — Carolina Casualty Insurance Company 325 A Tierney Way • Winchester, Kentucky 40391 • 859-745-4225 • 859-745-4228 Fax CedarCreekEngin eering. com novozymes- Rethink Tomorrow CERTIFICATE OF ANALYSIS BI-CHEM® LC 101ON 20X S CUSTOMER NAME AND ADDRESS: LOT NUMBER: 920L284 PRODUCT CODE: 7003000 DELIVERY NUMBER: DATE: May 13, 2009 ANALYSIS SPECIFICATION RESULTS mg NH3-N/I/hour >_ 500 524 mg NO2-N/liter _< 50 1.2 mg NH3-N/liter < 50 15 Brady Beemer QA Technician This certificate is provided by Novozymes Biologicals' QA laboratory to be used by your laboratory for QA purposes Novozymes Biologicals, Inc. • 5400 Corporate Circle • Salem, VA 24153 Phone: 800-859-2972 or 540-389-9361 - Fax: 540-389-2688 www.novozymes.com/microorganisms novozymes- Rethink Tomorrow 20 July 2009 Paul Rodgers Cedar Creek Engineering, Inc. 325 A Tierney Way Winchester, KY 40391 Mr. Rodgers, In response to your request for information regarding the Novozymes Biologicals product Bi- Chem LC 101 ON 20XS, 1 am afraid there aren't a great deal of ingredients to list. The ingredients that are shipped are nitrifying bacteria and water with residual from the growth media. The product has no set proportions; rather, the product is shipped when there are enough bacteria to achieve the correct QC specifications (see below table). Each batch will have a varying amount of water, bacteria and carryover. The carryover from the "production process" is somewhat inconsequential as the bacteria will continue to consume this material and grow while packaged and shipped. The primary ingredients in the growth media are sodium nitrate and ammonium hydroxide, which are added as needed. Salts of varying amounts are also added, but in a set amount. For ratios of products a best approximation would be: Water 96-99% Bacteria, biomass >5% Carryover > 1 The targets for the product are detailed in the below table. QC Specifications Customer S' ec Calculated Ammonia Oxidation Rate - 500 mg NH3-N/Uhr H 7.0-8.0 NO2-N m < 50 mg NO2-N/L NH3-N m < 50 mg NH3-N/L If you have any additional questions or concerns, please feel free to ask. Best Regards Jonathan McDonough Regulatory Affairs Specialist ioom(a,novozvmes com 1-540-389-9361 ext. 1104 Novozymes Biologicals, Inc. • 5400 Corporate Circle • Salem, VA 24153 Phone: 800-859-2972 or 540-389-9361 • Fax: 540-389-2688 www.novozymes.com/microorganisms NOVOZYMES BIOLOGICALS, INC. III Kessler Mill Road Salem, VA 24153 Telephone number: Emergency Contact: 540-389-9361 Fax 540-389-9361 Material Safety Data Sheet 540-389-9364 CHEMTREC: 1-800-424-9300 Date: 03/07/2007 SECTION I -PRODUCT IDENTIFICATION NAME: BI-CHEM-LC 1010N 20X S PRODUCT CODE - 7003000 DOT CLASS: Non -regulated UN NUMBER: NA PROPER SHIPPING NAME: NA HMIS RATING HEALTH I FIRE 0 REACTIVITY 0 SECTION II - INGREDIENTS ALL COMPONENTS APPEAR ON THE TSCA INVENTORY. COMPONENTS NOT LISTED ARE EITHER NON HAZARDOUS OR IN CONCENTRATIONS OF LESS THAN I %. Ingredient Name CAS Number OSHA PEL ACGIH TLVrrWA Viable Bacterial Cultures NA j�NA NA Water 7732-18-5 1 NA NA SECTION III - PHYSICAL CHARACTERISTICS Boiling Point Not known Appearance and Odor Tan liquid, slight odor. Specific Gravity Approximately I Melting Point NA H 6.5 - 8.5 Vapor Density Equivalent to water ��d Vapor Pressure Equivalent to water Solubilitv Complete Product Code—7003000 BI-CHEM LC-10l ON 20X S Page I of 4 NOVOZYMES BIOLOGICALS, INC. 111 Kessler Mill Road Salem, VA 24153 Telephone number: 540-389-9361 Fax: 540-389-9364 Emergency Contact: 540-389-9361 CHEMTREC: 1-800-424-9300 SECTION IV - FIRE/EXPLOSION Flash Point: NA Flash Point Method Used: NA LEL NA UEL: NA Extinguishing Media: Water spray, carbon dioxide, and dry chemical powder. Special Fire Fighting Procedures: None Unusual Fire and Explosion Hazards: None known. SECTION V - REACTIVITY DATA Stable: X Unstable: Incompatibility: Not known. Hazardous Decomposition or By Products: Not Known. Hazardous Polymerization: Will not occur. SECTION VI - HEALTH HAZARD DATA Acute Health Affects Routes of Entry: Inhalation: NO Absorption: Yes Ingestion: Yes Eyes: Yes Eyes: This product may cause eye irritation. Skin Contact: Could cause mild skin irritation after prolonged contact. Inhalation: Inhaling mist from this product could cause irritation to the lungs and mucus membranes. Ingestion: Ingestion may result in abdominal pain, nausea and vomiting. Conditions to Avoid: Strong acids or alkali compounds may inactivate biological cultures. Signs and Symptoms of Over Exposure: None Known Product Code—7003000 BI-CHEM LC- 101ON 20X S Page 2 of 4 NOVOZYMES BIOLOGICALS, INC. 111 Kessler Mill Road Salem, VA 24153 Telephone number: 540-389-9361 Emergency Contact: 540-389-9361 Fax: 540-389-9364 CHEMTREC: 1-800-424-9300 Aggravated Medical Conditions: None known, however persons with respiratory problems should avoid breathing any mist from this product. Emergency First Aid Procedures Eye Contact: Rinse eyes with water for fifteen minutes, if irritation persists, see a physician. Inhalation: Move person to fresh air and avoid breathing dust from product. If breathing problems develop, seek the care of a physician. Skin Contact: Wash the product off the skin with soap and water; if irritation develops seek the care of a physician. Ingestion: Watch victim for any signs of illness, induce vomiting only if advised by a physician. SECTION VII - SPILL OR LEAK PROCEDURE Steps to be taken in case material is spilled or leaked: Waste Disposal Method: Contain and collect material, place in proper container for reuse or disposal. Dispose of materials in accordance with all federal, state and local laws. Precautions To Be Taken In Handling and Storage: Store in a location away from children, food items and potable water. Store in an area out of the direct sunlight, keep container closed when not in use, avoid storing in a damp environment. Always wash hands with soap and water before handling food or smoking. Use good chemical hygiene practices when working with any chemical. Other Precautions: None SECTION VIII - CONTROL MEASURES (PPE) Respiratory Protection: None required for normal use. Protective Gloves: Recommended. Disposable nitrite exam gloves are suitable for preventing prolonged contact with the skin. Eye Protection: Safety glasses with side shields or splash goggles are recommended. Other Protective Clothing: None required, however, avoid prolonged contact with the skin from soiled clothing. Ventilation: Local exhaust should be sufficient. If used in a manner that creates a mist, mechanical ventilation may be necessary. Product Code—7003000 BI-CHEM LC- 101 ON 20X S Page 3 of 4 NOVOZYMES BIOLOGICALS, INC. 111 Kessler Mill Road Salem, VA 24153 Telephone number: 540-389-9361 Fax: 540-389-9364 Emergency Contact: 540-389-9361 CHEMTREC: 1-800-424-9300 The information and recommendations contained in this Material Safety Data Sheet have been compiled from sources believed to be reliable and to represent current opinion on the subject when the MSDS was prepared. No warranty, guaranty or representation is made as to the correctness or sufficiency of the information. The user of this product must decide what safety measures are necessary to safely use this product, either alone or in combination with other products, and determine it's environmental regulatory compliance obligations under any applicable federal, state and local laws. Product Code—7003000 BI-CHEM LC- 10ION 20X S Page 4 of 4 o x � x CL `� m I x gq-'ON U N I � 0 9 x � o X � v o ° L o I 0 0 N O E N m M Q o CQ — LQ L -N U O0 O = N U LL 75 w I � s,,/ )NI wZ U W 4--1 �I r. o. W L 4� U, W Z U � �w >§ Jack Long, Director Southeast District Office SEP 212009 Florida Department of Charlie Governor rnor Environmental Protection Jeff Kottkamp Lt. Governor Southeast District Office 400 N. Congress Avenue, Suite 200 Michael W. Sole West Palm Beach, FL 33401 Secretary (561)681-6600 Mr. Michael P. White, (Email: N4White®carolinacas.com) WCU, OGC #: 06-2365 Environmental Claims, Chuck Barney Trucking Carolina Casualty Insurance Company St. Lucie County P.O. Box 2575 Site ID: 229184 Jacksonville, FL 32203-2575 Re: Chuck Barney Trucking Incident 12661 Orange Avenue (SR 68) OGC #: 06-2365 Review of Remedial Action Plan Addendum Dear Mr. White: The Department of Environmental Protection (Department) has reviewed the Remedial Action Plan Addendum dated July 31, 2009 (received * August 7, 2009) submitted by Cedar Creek Engineering on behalf of Carolina Casualty Insurance company for the above referenced project. 1. The P.E. certification statement is acceptable. 2. After discussing the issue of sampling on the north side of the road with the project engineer, the Department is in agreement that this might not be necessary at this time. There does not appear to be any potable wells near enough in that direction to be a concern and it appears there would be a need to gain property access permission in order to install a sampling point safely. 3. The response is acceptable. However, this interim remedial action should not delay the completion of plume delineation. 4. The response is acceptable. "More Protection, Less Process" www. dep. state.Jl. us Mr. Michael P. White, Carolina Casualty Insurance Company Chuck Barney Trucking Page 2 of 3 5. A Department Innovative Technology acceptance letter is not required for the product to be used as long as sufficient information is provided for Department approval. The Innovative Technology acceptance process provides a mechanism for product review and acceptance so that the product can be used for multiple sites without multiple reviews. 6. The letter from Novozymes Biologicals, Inc., indicates that sodium nitrate and other salts are added to the product that will be injected, but the analysis provided does not include information about the salts. However, since this should be one injection event (see comment below) and should not have significant long-term need for remediation, in this case the data submitted may be sufficient. (The Department believes this is acceptable; requiring consultant to monitor the down gradient edge of the plume for ammonia, nitrate and sodium should be reasonably protective). It would appear from the submission that a temporary Zone of Discharge (ZOD) might be needed for ammonia at least. Since the primary contaminant being remediated is ammonia, this should not really be an issue. 7. See comments 5 and 6. 8. The location and construction details for another well to the southeast of MW3B should be provided. Direct push technology could be used to locate the extent of the plume and then a permanent well could be installed to monitor the plume until it degrades. Alternatively a permanent well could just be located 20 or 30 feet southeast of MW3B. If the well has elevated contaminant concentrations, another well would be needed further down gradient. Field measuring technology could probably be used to adequately determine the level of ammonia and nitrate on the spot for the purpose of well location. Figure 4 should indicate the location of additional wells. 9. The response appears to be acceptable. 10. The response appears to be acceptable. 11. The response appears to be acceptable. The Department does not foresee any problem with considering this to be one injection event. 12. The response appears to be acceptable. Mr. Michael P. White, Carolina Casualty Insurance Company Chuck Barney Trucking Page 3 of 3 13. There may be a need to inject an organic carbon source (molasses or some other food source) for bacterial mass production if there is not an adequate supply already present in the soil. 14. Please provide a certified copy by a Florida Professional Engineer or Geologist of the new groundwater monitoring plan with injection points and groundwater monitoring wells (Figure 4) to the Department. Please respond to these comments by October 31, 2009. If you have any questions regarding this review, please contact Ms. Amala Senarath at (561) 681 - 6675. Thank you for your cooperation in this matter. Sincerely, 4"ez A�'i 7 Z-rz—� Paul Alan Wierzbicki, P. G. Waste Cleanup Supervisor Waste Cleanup Section cc: Mr. Jeff Close, Esq., Office of General Counsel, Tallahassee Mr. Chad R. Stevens, Office of General Counsel, Tallahassee Ms. Mary Murphy, DEP/ Port St. Lucie St. Lucie County Health Department Mr. Paul Rodgers, P.E., Cedar Creek Engineering, Inc., (Paul®cedarcreekengineering.com) Mr. Art Torvela, PE, DEP, Southeast District Mr. Gary Millington, PE, Bureau of Waste Cleanup, Tallahassee Waste Cleanup Files 090743 J 3 J J L J J D 1 This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney- 2300 Virginia Avenue Fort Pierce, FL 34982 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3272929 10/28/2008 at 01:45 PM OR BOOK 3028 PAGE 1229 - 1233 Doc Type: AGR RECORDING: $44.00 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this a 1 . day of 0C1mNQAXo 2008, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, Florida, 34982 (the "County") and CEDAR CREEK ENGINEERING, 325 A Tierney Way, Winchester, KY 40391 (CEDAR CREEK) WHEREAS, the County is the owner of the property described as: THAT PORTION OF A COUNTY ROAD RIGHT-OF-WAY, KNOWN AS ORANGE AVENUE, LYING IN SECTIONS 08, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. WHEREAS, "CEDAR CREEK" requests to install 3 TO 5 monitoring wells in the right- of-way of Orange Avenue near address 12661. The proposed wells will be located within 15 feet of the edge of pavement, on both the north and south sides of the road, 300 to 700 feet east of Cyclone Drive. See Figure "1 ". WHEREAS, "CEDAR CREEK" will insta113 to 5 monitoring wells in the right-of-way, of Orange Avenue. The wells will be 2 inch PVC, approximately 12 feet deep. It will be completed with an 8 or 12 inch manhole installed in concrete flush with the ground surface. See Exhibit "2". WHEREAS, the County has agreed to allow the installation of 3 to 5 monitoring wells 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 "CEDARCREEK" a limited Revocable License Agreement for the purpose of installing 3 to 5 monitoring wells as indicated on the attached Exhibit"1". This license shall extend only to the above -referenced location and shall not extend to the construction and/or installation of any other structures. 2. This license shall be binding on future successors and assignees of "CEDAR CREEK". "CEDAR CREEK"agrees to provide the County with notice of any change in ownership pursuant to Paragraph seven (7) of this Agreement. 3. The County shall have the right, at the discretion of the County Engineer or the Road & Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachment at "CEDAR CREEK'S's sole expense upon thirty (30) days written notice to "CEDAR CREEK". The County Engineer or Road and Bridge Manager may, in lieu of termination, request that "CEDAR CREEK" perform certain alterations to the monitoring wells at "CEDAR CREEK'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. "CEDAR CREEK" shall, at all times, maintain the wells location so as not to be a detriment to the traveling public, and any damage to the right-of-way, pavement, or roadbed during installation or maintenance operations shall be immediately corrected to the satisfaction of the County Engineer or Road and Bridge Manager 4. "CEDAR CREEK" shall construct the monitoring wells in accordance with all applicable building and highway codes and safety regulations of the County and State of Florida, and shall be maintained solely at the expense of "CEDAR CREEK". 5. "CEDAR CREEK"agrees to allow County employees access to the location of the monitoring wells for County purposes as determined by the County Engineer. 6. "CEDAR CREEK" agrees to provide copies of the results of the sampling of the monitoring wells located in the travelway of Orange Avenue to the County Engineer. 7. All notices, requests 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, addressed to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to "Cedar Creek Engineering, Inc 325A Tierney Way Winchester, KY 40391. With Copies to: County Attorney Administration Building Annex 2300 Virginia Avenue, 3`d Floor Fort Pierce, FL 34982 St. Lucie County Administrator Administration Building Annex 2300 Virginia Avenue, 3'd Floor Fort Pierce, FL 34982 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. 8. As consideration for the County agreeing to allow the encroachment of the monitoring wells as set forth herein, "CEDAR CREEK" 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 right- of-way by "CEDAR CREEK" or their 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 CEDAR CREEK's use of the property. 9. "CEDAR CREEK" shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. "CEDAR CREEK" 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. T'BOARD OF COUNTY COMMISSIONERS ATT�..SI r- ST. LUCI , FLORIDA ��- � .iT Rif _` • � T7 Y _.L,:F" \ _ / Al w .! '�.t�. -r E?>=P R� 1 ( CHAIRMAN .M. FKI. 2 APPROVED AS TO FORM AND CORRECTNESS: CEDAR CREEK ENGINEERING, INC. WITNESSES: BY: IT'S (Seal) STATE OF COUNTYOF The foregoing instrument was acknowledged before me this �4-�- day of CALL 2008, by AS of CEDAR CREEK ENGINEERING, INC. who produced ; C— (type of identification) and who did take an oath. WITNESS my hand and official seal, this My commission expires: c��Y A�eG JoAnn Mlarie Riiey Commission � DD374301 ',� � ��p rec December 42008 t day of 2008. Signature of Notary Public ; Name of Notary Public Typed, Printed or Stamped 3 z z LL X x X yX W Z Z T -X- X w 0 w O J .kVnn 3AINO o Q U F- L) w t 1 O k AW 3AINQ 6 w U o aw c ) o- d z 0 LL YU�Lo �� DWj z 0 �Z0W 5 } W F- a W > W a H LL Q WU' p Yg�W U0 QVON SS300V Q3WVNNnCM _ U t° 31ws ASSY80 ,. X X X X X X X X X X X X X X X X z O z J Z Q Q m Q v1 W � o � 1 Q 1 UUX 1 1 W 1 / X W ground surface PVC casing PVC ,CEDAR CREEK �ENGINEERING'fi Winchester, Kentucky traffic -bearing bolt -down manhole EXHIBIT D 3 concrete bentonite clay sand filter Monitoring Well Cross -Section Date: 2006 hy: PP TO: SUBMITTED BY: SUBJECT: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Agriculture — County Extension Office ITEM NO. VI-C DATE: 10/20/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) PRESENTED BY:,.... -- Ken Gioelif� Natural Resources Agent Application Submittal - Caribbean Conservation Corporation — Sea Turtle Grants Program BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to submit application for Caribbean Conservation Corporation — Sea Turtle Grants Program. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE:' Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) X OMB Director Budget Analyst Dan McIntyre a Originating Dept. ( X) Anita S. Nea ERD ( ) Marie Gouin TaWonna Johnson N/A Agriculture MEMORANDUM TO: Board of County Commissioners THROUGH: Anita Neal, County Extension Director�� FROM: Ken Gioeli, Natural Resources Agent''" Agriculture — County Extension Office DATE: September 11, 2009 SUBJECT: Submittal of Application for Caribbean Conservation Corporation — Sea Turtle Grants Program ITEM NO. Background: This will be the fourth year in a row that St. Lucie County is submitting for the Florida Sea Turtle Grants Program. These funds are the result of a statewide effort 'initiated by the non-profit Caribbean Conservation Corporation (CCC) to establish a Florida Sea Turtle Specialty License Plate to provide a permanent funding source for the state's Marine Turtle Protection Program. This year County Extension is applying for the amount of $7465.80 and if awarded, intends to continue this valuable program through the production of tabletop displays and Sea Turtle Friendly Practices Educational Toolboxes which will include educational publications, youth educational activities, a Turtle Friendly Practices PowerPoint presentation, example low-pressure sodium vapor bulbs and color Sea Turtle ID cards. These toolboxes will be made available to environmental education providers in our tri- county area. Funding will include color reprints of Turtle Tracks and Turtle Friendly Beaches publications and information on invasive plant species that endanger beach dunes. Other pre-existing youth educational products will be produced as well. Recommendation Board approval of application submittal for Caribbean Conservation Corporation — Sea Turtle Grants Program. Florida Sea Turtle Grants Program Proposal Cover Sheet Project Title: Treasure Coast "Sea Turtle Friendly Practices" Public Education Campaign Project Category (select one): X Education - Research - Conservation Organization: St Lucie County Board of County Commissioners FEID4 59-6000835 Project Manager: Kenneth T. Gioeli Title: Extension Agent III / Natural Resources Mailing Address: University of Florida / Saint Lucie County Cooperative Extension 8400 Picos Road, Ste. 101 City: Fort Pierce State: FL Zip Code: 34945 Phone: (772) 462-1660 Fax: (772) 462-1510 Email: ktgioeli@ufl.edu Signature of Project Manager: f-'� Date: If your proposal requires a Marine Turtle P-"#—, please provide the MTP that covers the activities you are proposing: MTP# X Proposal does not require a MTP Eligibility: _County Government (also FL State Univ. System & County government) Project Summary: Since 2006, University of Florida Extension Agents servicing St Lucie, Martin and Indian River Counties have been conducting the Sea Turtle Friendly Practices educational campaign. This campaign was financed courtesy of a Sea Turtle Tag Grant. It involved development of educational displays and publications. Environmental education centers, libraries and other outreach organizations assisted with the dissemination of educational materials and used displays designed to teach the public "sea turtle friendly" practices. Recommended practices included reducing the effects of artificial lighting, removal/relocation of beach furniture at night, protecting/re-establishing sand dunes, etc. Additional funding is requested to continue this valuable program through the production of table top displays and Sea Turtle Friendly Practices Educational Toolboxes. These toolboxes will include Turtle Friendly Beaches educational publications, youth educational activities, Turtle Friendly Practices PowerPoint Presentation, example Low -Pressure Sodium Vapor Bulbs and color sea turtle ID cards. Toolboxes and displays will be made available to environmental education providers in Martin, St Lucie and Indian River Counties. Funding is requested to reprint color copies of the Turtle Tracks and Turtle Friendly Beaches publications. Other pre-existing youth educational products will be produced such as the Sea Turtle Activity Sheets (2008) and the Sea Turtles and Lights Word Find (and answers). In addition, a new publication will be developed and printed to identify coastal invasive plant species that threaten beach dunes. This publication will include invasive plant management recommendations. A new Turtle Friendly Practices PowerPoint Presentation will be developed and reproduced on CD for inclusion in the Sea Turtle Educational Toolkit. Table top displays and toolboxes will be purchased.. Sea turtle ID cards will be developed for the toolboxes. Total Amount Requested: $ 7,465.80 CCC Use Only Proposal Number: 10- Date Received: St. Lucie County Board of County Commissioners Project Title: "Sea Turtle Friendly Practices" A Public Education Campaign 1. Project Description Since 2006, University of Florida Extension Agents servicing St Lucie, Martin and Indian River Counties have been conducting the Sea Turtle Friendly Practices educational campaign. This campaign was financed courtesy of a Sea Turtle Tag Grant, and involved development of educational displays and publications. Environmental education centers, libraries and other outreach organizations assisted with the dissemination of these educational materials and adopted the use of educational displays designed to teach the public "sea turtle friendly" practices. Featured recommended practices included reducing the effects of artificial lighting, removal/relocation of beach furniture at night, protecting/re-establishing sand dunes, etc. Additional funding is requested to continue this valuable program through the production of table top displays and Sea Turtle Friendly Practices Educational Toolboxes. These toolboxes will include Turtle Friendly Beaches educational publications, youth educational activities, Turtle Friendly Practices PowerPoint Presentation, example Low -Pressure Sodium Vapor Bulbs and color sea turtle id cards. Toolboxes and displays will be made available to environmental education providers in Martin, St Lucie and Indian River Counties. Funding is requested to reprint color copies of the Turtle Tracks and Turtle Friendly Beaches publications. Other pre-existing youth educational products will be produced such as the Sea Turtle Activity Sheets and the Sea Turtles and Lights Word Find (and answers). Table top displays and toolboxes will be purchased. Sea turtle ID cards will be developed for the toolboxes. A new Turtle Friendly Practices PowerPoint Presentation will be developed and reproduced on CD for inclusion in the Sea Turtle Educational Toolkit. In addition, a new publication will be developed and printed to identify coastal invasive plant species that threaten beach dunes. Invasive plants are capable of displacing valuable native dune vegetation which naturally anchors beach sand. Invasive plants that threaten dunes include Brazilian Pepper -tree (Schinus terebithifolius), Australian Pine (Causarina spp.), Beach Naupaka (Scaevola taccada), Sweetheart Plant (Kalanchoe spp.) Snake Plant (Sanseviera spp) and others. Invasive plant management recommendations will be included in this publication. Educational materials will be made available to environmental education providers in Indian River, Saint Lucie and Martin Counties who receive the Sea Turtle Friends Beaches Educational Toolboxes. 2. Benefits to Florida Marine Turtles: - Educate the public about Florida's sea turtles and the ways they can promote the recovery of sea turtle populations. According to the United States Census Bureau, the population of St Lucie County increased by 32% from 2000 - 2006. Many of these new residents came from areas of the country where environmental conditions and practices may have been significantly different. There is a need to teach these new residents, as well as to remind native residents, that their activities on our beaches directly impact the safety and well-being of our threatened and endangered sea turtle populations. The proposed program entails conducting an educational campaign for Martin, St. Lucie and Indian River County residents and visitors designed to teach them sea turtle friendly practices. These practices include: (1) reducing the impact of beach -front lighting, (2) removing beach furniture and equipment that could inhibit nesting, (3) protecting and restoring sand dunes, and (4) cleaning marine debris regularly. This will be accomplished by providing environmental education providers in Martin, St Lucie and Indian River Counties with Sea Turtle Friendly Practices Educational Toolboxes and displays. 3. Similar project previously funded by the sea turtle grants program University of Florida Extension Agents servicing St Lucie and Indian River Counties initiated the Sea Turtle Friendly Practices public education campaign in 2006. This campaign was financed courtesy of a Sea Turtle Tag Grant. It involved development of educational displays, publications and highway billboards. Local environmental education centers, public libraries and other public outreach organizations eagerly assisted with the dissemination of these educational materials and adopted the use of educational displays designed to teach the public "sea turtle friendly" practices. Featured recommended practices featured included reducing the effects of artificial lighting, removal/relocation of beach furniture at night, protecting/re-establishing sand dunes, cleaning up marine debris, proper pet beach etiquette, etc. In addition, highway billboards were erected on I-95 and the Turnpike to showcase turtle friendly practices. In 2009, the Sea Turtle Friendly Practices highway billboard received the Silver Award (2nd place out of 241 international entries) from the Association of Communication Excellence. 4. Tasks and expected deliverables Measurable Objectives: 0 Reprint 3,500 color copies each of the Turtle Tracks and Turtle Friendly Beaches brochures. 0 Reprint 2250 black and white copies of the Sea Turtle Activity Sheets and Sea Turtles and Lights Word Find publications. 0 Develop and print 2250 color copies of Invasive Plant Management on Dunes publication. 0 Develop and print 30 copies of Leatherback, Kemp's Ridley, Green, and Loggerhead sea turtle identification cards. 0 Develop and produce 30 copies of Turtle Friendly Beaches PowerPoint Presentation 0 30 Sea Turtle Friendly Beaches Educational Toolboxes will be assembled and distributed to local environmental education providers and sea turtle coordinators in Indian River, St Lucie and Martin Counties. Toolboxes will include publications, sea turtle ID cards, Turtle Friendly Beaches PowerPoint Presentation on CD, example Low -Pressure Sodium Vapor Bulbs. 0 30 tabletop displays will be purchased and made available to local environmental education centers and sea turtle coordinators. 5. Proiect's 6-month and final deliverables in addition to final reports Proiect Timetable Task 91 - Reprint 3,500 color copies each of the Turtle Tracks and Turtle Friendly Beaches brochures. Task #2 - Reprint 2250 black and white copies of the Sea Turtle Activity Sheets and Sea Turtles and Lights Word Find publications. Task #3 - Develop and print 2250 color copies of Invasive Plant Management on Dunes publication. Task 44 - Develop and print 30 copies of Leatherback, Kemp's Ridley, Green, and Loggerhead sea turtle identification cards. Task #5 - Develop and produce 30 copies of Turtle Friendly Beaches PowerPoint Presentation Task #6 - 30 Sea Turtle Friendly Beaches Educational Toolboxes will be assembled and distributed to local environmental education providers and sea turtle coordinators in Indian River, St Lucie and Martin Counties. Toolboxes will include publications, sea turtle ID cards, Turtle Friendly Beaches PowerPoint Presentation on CD, example Low -Pressure Sodium Vapor Bulbs. Task #7 - 30 table top displays will be purchased and made available to local environmental education centers. They will be stocked with Turtle Tracks and Turtle Friendly Beaches publications. These education centers include: The Environmental Studies Center (Jensen Beach), The Environmental Learning Center (Wabasso), Indian River County Extension (Vero Beach), Florida Power & Light Energy Encounter (Fort Pierce), St. Lucie County Extension (Fort Pierce), Manatee Observation & Education Center (Fort Pierce), Smithsonian Marine Center (Fort Pierce), Oxbow Eco-center (Port St. Lucie), Indian River County Public Library (Vero Beach), St. Lucie County Public Library (Fort Pierce) and others. Publications will be supplied to local Sea Turtle Coordinators. Item Description Month (include Task #) 1 2 3 4 5 6 7 8 9 10 11 12 (Task # 1) X X (Task #2) X X (Task #3) X X (Task #4) X X (Task #5) X X X (Task #6) X X X X X X X X X X X (Task #7) X X X X X X X X X X X 6. Background and relevant experience of people workinf, on project: Ken Gioeli, Natural Resources Agent: Ken's natural resource management extension programs are designed to teach homeowners and professional land managers how to manage wildlife in an urbanizing environment. Ken holds a master's degree in Agricultural Education specializing in tropical biodiversity from the University of Florida and a bachelor's degree in Secondary Science Education specializing in biology from the University of Central Florida. 7. Bud2et Narrative Total Funding Request: $7.465.80 Project Tasks and Cost Estimates: Task #1 - Reprint 3,500 color copies each of the Turtle Tracks and Turtle Friendly Beaches brochures. ($1,800) Task 42 - Reprint 2250 black and white copies of the Sea Turtle Activity Sheets and Sea Turtles and Lights Word Find publications. ($1026) Task #3 - Develop and print 2250 color copies of Invasive Plant Management on Dunes publication. ($1504.95) Task #4 - Develop and print 30 copies of Leatherback, Kemp's Ridley, Green, and Loggerhead sea turtle identification cards. ($303.80) Task 45 - Develop and produce 30 copies of Turtle Friendly Beaches PowerPoint Presentation ($454.50) Task 46 - 30 Sea Turtle Friendly Beaches Educational Toolboxes will be assembled and distributed to local environmental education providers and sea turtle coordinators in Indian River, St Lucie and Martin Counties. Toolboxes will include publications, sea turtle ID cards, Turtle Friendly Beaches PowerPoint Presentation on CD, example Low -Pressure Sodium Vapor Bulbs. ($1452.19) Task 47 - 3 0 table top displays will be purchased and made available to local environmental education centers. They will be stocked with Turtle Tracks and Turtle Friendly Beaches publications. These education centers include: The Environmental Studies Center (Jensen Beach), The Environmental Learning Center (Wabasso), Indian River County Extension (Vero Beach), Florida Power & Light Energy Encounter (Fort Pierce), St. Lucie County Extension (Fort Pierce), Manatee Observation & Education Center (Fort Pierce), Smithsonian Marine Center (Fort Pierce), Oxbow Eco-center (Port St. Lucie), Indian River County Public Library (Vero Beach), St. Lucie County Public Library (Fort Pierce) and others. Publications will be supplied to local Sea Turtle Coordinators. ($924.36) All funds requested for this program will go directly into the development, layout, and printing of the educational materials, development of educational toolkits, and tabletop displays. S. Publication or distribution of the result of the project The results of the "Sea Turtle Friendly Practices" Public Education Campaign will be published and shared through the following methods: Task 1 — Results will be reported through the University of Florida's annual reporting and accountability system. Task 2 — The publications and multimedia products as well as campaign results will be shared with other University of Florida Extension Agents throughout Florida. Task 3 — Products will be submitted for award consideration through the Florida Association of Natural Resources. Extension Professionals, OF / IFAS Image Awards Program and others. Task 4 — Campaign materials and results will be shared with the St Lucie County Board of County Commissioners and the St Lucie County Public Information Officer (PIO). The PIO will be asked to circulate a press release to local media outlets highlighting program successes. 9. MeasurinjZ success of project • 3,500 color reproductions of Turtle Friendly Beaches and Turtle Tracks brochures will be used in public display racks and educational toolboxes. • 30 table top displays will be stocked with Turtle Tracks and Turtle Friendly Beaches publications and will be provided to local environmental education centers in Martin, Indian River & St. Lucie Counties. Publications will be provided to sea turtle coordinators in Indian River and St Lucie Counties. • 2250 black and white copies of the Sea Turtle Activity Sheets and Sea Turtles and Lights Word Find publications will. be produced for use in Sea Turtle Friendly Beaches Educational Toolboxes. • 2250 color copies of Invasive Plant Management on Dunes publication will be produced for use in Sea Turtle Friendly Beaches Educational Toolboxes. • Leatherback, Kemp's Ridley, Green, and Loggerhead sea turtle identification cards will be developed and printed for inclusion in the Sea Turtle Friendly Beaches Educational Toolboxes. • A Turtle Friendly Beaches PowerPoint Presentation will be developed and reproduced on CD for inclusion in the Sea Turtle Friendly Beaches Educational Toolboxes. • 30 Sea Turtle Friendly Beaches Educational Toolboxes will be assembled and distributed to local environmental education providers and sea turtle coordinators in Indian River, St Lucie and Martin Counties. Toolboxes will include publications, sea turtle ID cards, Turtle Friendly Beaches PowerPoint Presentation on CD, example Low -Pressure Sodium Vapor Bulbs. St. Lucie County Board of County Commissioners FWC Marine Turtle Grant Application Educational Materials* *This form may be submitted in place of a formal project proposal if funds are being requested to design, develop, produce, and distribute educational materials. "EDUCATIONAL MATERIALS TITLE: Treasure Coast Sea Turtle Friendly Practices: A Public Education Campaign 16EDUCATIONAL MATERIALS TOPIC: Sea turtle nesting and beach habitat 17TARGET AUDIENCE: Residents and tourists in Martin, St. Lucie and Indian River Counties. 18NUMBER OF EDUCATIONAL MATERIALS TO BE PRODUCED: 3,500 copies of Turtle Tracks and Turtle Friendly Beaches brochures; 2250 copies of the Sea Turtle Activity Sheets; 2250 Sea Turtles and Lights Word Find activities; 30 copies of Leatherback, Kemp's Ridley, Green, and Loggerhead sea turtle identification cards; 2250 copies of Invasive Plant Management on Dunes Publication; 30 Turtle Friendly Beaches PowerPoint Presentations reproduced on CD's; 30 Sea Turtle Friendly Beaches Educational Toolboxes; 30 Sea Turtle Friendly Beaches Tabletop Displays 19PROPOSED DISTRIBUTION/POSTING METHOD: (1) Work with environmental education centers, public libraries and other educational outreach organizations to place displays throughout Martin, St Lucie and Indian River Counties. These environmental education centers include: The Environmental Studies Center (Jensen Beach), The Environmental Learning Center (Wabasso), Indian River County Extension (Vero Beach), Florida Power &Light Energy Encounter (Fort Pierce), St. Lucie County Extension (Fort Pierce), Martin County Cooperative Extension (Stuart), Indian River County Cooperative Extension (Vero Beach), Manatee Observation & Education Center (Fort Pierce), Smithsonian Marine Center (Fort Pierce), Oxbow Eco-Center (Port St. Lucie), Indian River County Public Library (Vero Beach), St. Lucie County Public Library (Fort Pierce) and others. (2) 30 Sea Turtle Friendly Beaches Educational Toolboxes will be assembled and distributed to environmental education providers and sea turtle coordinators in Indian River, St Lucie and Martin Counties. Toolboxes will include publications, sea turtle ID cards, Turtle Friendly Beaches PowerPoint Presentation on CD, example Low -Pressure Sodium Vapor Bulbs. 20BRIEF DESCRIPTION OF PROPOSED EDUCATIONAL MATERIALS: Turtle Tracks and Turtle Friendly Beaches educational publications will feature sea turtle biology and nesting habit information as well as information featuring turtle friendly practices people can adopt on St Lucie and Indian River County beaches. Sea Turtle Activity Sheets created by Florida Fish and Wildlife Conservation Commission feature background biology information on Florida Sea Turtles, fun facts and activites. Sea Turtles and Lights Word Find activities created by Florida Fish and Wildlife Conservation Commission feature a key word activity. Leatherback, Kemp's Ridley, Green, and Loggerhead Sea Turtle Identification Cards will feature color -photos and identifying characteristics of Florida's sea turtles. Invasive Plant Management on Dunes Publication will identify coastal invasive plant species that threaten beach dunes. Invasive plants are capable of displacing.valuable native dune vegetation which naturally anchors beach sand. Invasive plants that threaten dunes include Brazilian Pepper -tree (Schinus terebithifolius), Australian Pine (Causarina spp.), Beach Naupaka (Scaevola taccada), Sweetheart Plant (Kalanchoe spp.) Snake Plant (Sanseviera spp) and others. Invasive plant management recommendations will be included in this publication. Turtle Friendly Beaches PowerPoint Presentation will teach program participants about sea turtle friendly practices such as (1) reducing the impact of beach -front lighting, (2) removing beach furniture and equipment that could inhibit nesting, (3) protecting and restoring sand dunes, and (4) cleaning marine debris regularly. Sea Turtle Friendly Beaches Educational Toolboxes will be assembled and distributed to environmental education providers and sea turtle coordinators in Indian River, St Lucie and Martin Counties. Toolboxes will include publications, sea turtle ID cards, Turtle Friendly Beaches PowerPoint Presentation on CD, example Low -Pressure Sodium Vapor Bulbs. Sea Turtle Friendly Beaches Tabletop Displays will be stocked with Turtle Tracks and Turtle Friendly Beaches publications and will be provided to local environmental education centers in Martin, Indian River & St. Lucie Counties. Publications will be provided to sea turtle coordinators in Indian River and St Lucie Counties. 21BRIEF SUMMARY OF PROPOSED EDUCATIONAL PROGRAM: Extension agents servicing Martin, St. Lucie and Indian River Counties will work with local environmental education centers, public libraries and other public outreach organizations to disseminate educational materials and maintain educational displays designed to teach "sea turtle friendly" practices to the public. Recommended practices that will be featured include; (1) reducing the effects of artificial lights, (2) removal or relocation of beach furniture at night, (3) protecting/re-establishing sand dunes, (4) cleaning up marine debris, (5) proper pet beach etiquette, etc. These materials and displays will be placed at heavily trafficked public facilities throughout both counties. Educational materials produced for these public displays will include a hand-out describing "Sea Turtle Friendly" practices in addition to an educational brochure about sea turtle biology and their nesting habitat. In addition, Sea Turtle Friendly Beaches Educational Toolboxes will be assembled and distributed to environmental education providers and sea turtle coordinators in Indian River, St Lucie and Martin Counties. Toolboxes will include publications, sea turtle ID cards, Turtle Friendly Beaches PowerPoint Presentation on CD, example Low -Pressure Sodium Vapor Bulbs. t1�R@SCE Florida Sea Turtle Grants Program Budget Form Sea Turtle Grants Program Application Guidelines 2010 — 2011 Funding Cycle Project Title: Treasure Coast Sea Turtle Friendly Practices Public Education Campaign Budget Item Funds Requested Color Reprint Turtle Tracks and Turtle Friendly Beaches Brochures for Public Displays (approx 3,500 copies of each) $1,800.00 Reproduce Turtle Friendly Beaches PowerPoint Presentation on 30 CD's ($2.15 each) $64.50 Invasive Plant Management on Dunes Publication Printing (2250 color copies) $1,144.95 Toolkit Box Graphics Package w/ Stick -on Labels $277 Re -print and bind 4 page black and white Sea Turtle Activity Sheets (2250 copies) $844.05 Re -print 2 sided black and white Sea Turtles and Lights Word Find (min 2250 copies) $181.95 Print 4 color Sea Turtle ID cards (30 copies) $123.80 8 1/2" x 11" sign frame with letter sized holder (30 @ $25.22) + ( $167.76 S&H) Displays2go.com SKU#85P1711 $924.36 Iris Buckle Up Boxes - Clear (16 qt.) (Set of 6) (5 sets @ $30) + (115.24 S&H) $265.24 Low-pressure Sodium Vapor Bulbs (30 @ $30) + (9.95 S&H) http://www.lightingsupply.comlhid bulbs/low_pressure_sodium _Ips_bulbs. aspz $909.95 Labor Costs (Please include Salaries, Wages & Fringe benefits for each position) $ 930 Turtle Friendly Beaches PowerPoint Presentation Development $390 Invasive Plant Management on Dunes Publication Development $360 Develop 4 color sea turtle id cards (30 copies) $180 Total Project Costs $7,465.80 Indirect Costs (Not more than 5% of Total Project Costs, not required) TOTAL REQUESTED $7,465.80 Sea Turtle Grants Program Application Guidelines 2010 — 2011 Funding Cycle Sea Turtle License Plate Grants Program In 1995, a statewide effort was initiated by the non-profit Caribbean Conservation Corporation (CCC) to establish a Florida Sea Turtle Specialty License Plate to provide a permanent funding source for the state's Marine Turtle Protection Program. Thanks to the efforts of CCC and other Florida sea turtle groups, in 1997, the Florida Legislature (Statute 320.08058 (19)) authorized the creation of a Sea Turtle Specialty License Plate to promote the conservation and protection of Florida's sea turtles. The Sea Turtle License Plate was first offered for sale in February 1998 and quickly became one of the most popular specialty plates in Florida, raising over $1 million annually. Approximately 70% of the funding generated by sales of the tag goes to the Florida Fish and Wildlife Conservation Commission's (FWCC) Marine Turtle Protection Program to support research and management activities related to sea turtles. Approximately 30% is distributed to the Sea Turtle Grants Program to support sea turtle research, conservation, and education projects that benefit Florida sea turtles. The Sea Turtle Grants Program is administered by the non-profit Caribbean Conservation Corporation. Types of Funding Competitive Grant Funding — Grant Applications for funding can be submitted for consideration by the Sea Turtle Grants Committee. Funds can be requested for projects in one of three categories (conservation, education or research) that clearly add to the preservation of Florida's marine turtles; that accomplish tasks included in the current recovery plans for marine turtles; that address the goals of the FWCC's Marine Turtle Protection Program; and that are consistent with subsection 370.12 (1) (c), Florida Statutes. Please note that grant funds may not be used for materials that contain fundraising or membership development language. Activities that shall be considered eligible include, but are not limited to: A. Conservation: Protection of marine turtles, their nests and hatchlings from harmful activities on the nesting beach, including lights and predators, such as the replacement or modification of existing lights near marine turtle nesting beaches. This would include the purchase and installation of shields, light barriers, tinted glass or other structures that reduce or restrict the amount and direction of lights that directly or indirectly illuminate the beach or create a glow that is visible from the beach. Also includes the care and rehabilitation of sick or injured sea turtles, such as the purchase of equipment and supplies related to treating, holding and maintaining turtles. B. Education: The development, production, and distribution of educational materials (including printed materials, interpretive displays, signs, etc...) and programs that promote the understanding of the biology, health, life history and habitat needs of Florida's marine turtles and the protection and conservation of these species. This could also include equipment purchases related to educational presentations and displays. Grant funds may not be used for developing or printing materials that contain fundraising or membership development language. Page 1 of 6 :F c t� k t R,i► r.; .:_i Research: Research directly related to the conservation of marine turtles. Such research should. provide information for the improvement of strategies to protect marine turtles and may include assessments of coastal lighting; beach nourishment; coastal armoring and other shoreline protection structures; in -water distributions; developmental habitats; migration patterns; rehabilitation of injured or diseased marine turtles; epidemic diseases, including Fibropapillomatosis; fishing gear; and [a Sea Turtle Grants Program Application Guidelines 2010 — 2011 Funding Cycle general life history information. 2. Funding for Ongoing Activities (non-competitive mini -grant) — Each year the Sea Turtle Grants Committee will select up to ten (10) organizations or institutions conducting ongoing Marine Turtle Permit -related Nesting Beach Surveys, Stranding and Salvage, or Rehabilitation Activities to be awarded a non-competitive mini -grant of $1,000 in support of these activities. Funding in this category is intended to support established activities of Florida's Marine Turtle Permit Holders. Recipients will be selected by the Committee and can not have received funding from the Sea Turtle Grants Program in the previous grant cycle or for any other purpose in the current cycle. Permit Holders must submit a Registration Form by 5 PM, March 1, 2010, if they would like to be considered. The Registration Form can be found on the Sea Turtle License Plate web site at http://www.hell)ingseaturtles.orc,,/mtph-rep-. Note: You can both apply for Competitive Grant Funding AND register for Ongoing Activity Funding. Groups whose Competitive Grant Application is approved will automatically be withdrawn. 3. Emergency Funding — As the Sea Turtle Grants Program continues, a portion of the grant funding will be set aside each year for addressing sea turtle emergencies. These funds will be used to help Florida's Marine Turtle Permit Holders respond to unforeseen sea turtle issues, such as mass strandings, illnesses, or other threats. Requests for Emergency Funding should be directed to the Caribbean Conservation Corporation at (352) 373-6441 or via e-mail at stgp@helpingseaturtles.org. Who is Eligible to Receive Funding Florida Coastal Local Governments, Florida -based Non -Profit Organizations, Education and Research Institutions that actively participate in marine turtle research, conservation, and educational activities within the state of Florida are eligible to apply for and receive grant funds. If you have any questions or concerns about your eligibility, please contact Dan Evans or David Godfrey at (352) 373-6441 or e-mail stgp@helpingseaturtles.org. Sea Turtle Grants Program Due Dates & Funding Cycle Completed Sea Turtle Grant Applications due...............................................November 13, 2009 Completion of FWCC review of Applications .......................................................January 29, 2010 Applications provided to Sea Turtle Grant Committee..........................................February 8, 2010 Sea Turtle Grants Committee Meeting to Award Funds* (tentative date)...............March 15, 2010 Funded Projects should begin upon execution of contract, anticipated to be by ........... May 3, 2010 *Projects that require any type of permit must have all permits approved prior to the Grant Committee meeting Page 2 of 6 Sea Turtle Grants Program Application Guidelines 2010 — 2011 Funding Cycle Complete Grant Applications must be submitted to the following address and received by 5:00 pm on Friday, November 13, 2009: Sea Turtle Grants Program Caribbean Conservation Corporation 4424 NW 13`h St Suite B-11 Gainesville, FL 326.09 Funding Considerations Since the Sea Turtle Grants Program depends on funds generated by the sale of the Sea Turtle License Plate, there is no certainty from year to year that funding will be available. Grant expenditures will be made based on funds collected. Applications shall be selected for funding by the Sea Turtle Grant Committee (Committee). This Committee consists of seven members with technical knowledge and expertise in the research and management of marine turtles, their nests, hatchlings, or habitats. When reviewing applications, Committee members shall consider the scope of the proposed activity (high priority for projects with the most benefit for the conservation of Florida's marine turtles); the qualifications and demonstrated ability of applicant to accomplish the proposed activity; demand and public support for the proposed activity; the estimated cost of the activity; the availability of more appropriate alternative funding; and any other considerations deemed appropriate by the Committee. The Committee may choose to only recommend funding a portion of a project. All applicants will be invited to attend the meeting of the Sea Turtle Grants Committee. Final funding decisions are made by the Sea Turtle Grants Committee and provided to the Caribbean Conservation Corporation for execution of grant contracts. Application Review & Selection Upon receipt of an application, a proposal number will be assigned and a receipt notification will be mailed to the project manager. Later communications concerning the proposal should reference the proposal number. Applicants may contact CCC at (352) 373-6441 if receipt is not acknowledged within one month following submittal. CCC staff will check each application for completeness and correct format before distributing it for review. If an application is not complete, in the correct format, or if an insufficient number of copies are submitted, the application will not be considered for funding. A Marine Turtle Permit (Florida Administrative Code 68E-1) is required for any research involving live turtles, eggs, or hatchlings or turtle parts, including blood, and for educational projects involving live turtles, eggs, hatchlings or turtle parts. An approved Page 3 of 6 Sea Turtle Grants Program Application Guidelines 2010 — 2011 Funding Cycle permit should be included with the grant application if one has already been issued. Grant applicants may simultaneously apply for the necessary marine turtle permit; the two processes will run separately but concurrently. Please contact FWCC for information regarding permits. Please note that Projects that require a State and/or Federal Permit must have all Permits approved prior to the Grant Committee meeting. CCC will send complete applications for research proposals to FWCC staff for review. The primary responsibility of reviewers is to evaluate a research proposal's technical merit, compliance with Marine Turtle Permit requirements, and the. capabilities of the proposed project personnel and their institution to meet the project objectives. Reviewers will evaluate applications based on their content and format as submitted, not based on their potential for improvement. Reviewers comments, and any other pertinent information, will be provided to the Committee. Once applications are selected for funding by the Committee, only those projects that can be executed as submitted will be funded. Major project modifications will not be allowed prior to execution of the contract. Subsequent to initiation of the contract, modifications will be considered at the discretion of the CCC; however, such modifications should not change the overall project scope and deliverables unless significant justification is provided. Applicants whose projects are selected for funding through the Sea Turtle Grants Program will be required to enter into a contract, or grant agreement, that specifies the exact amount of the award, deliverables required, and the specific disbursement schedule. Contracts must be signed by a legal representative of the recipient, returned to CCC, and signed by CCC's Executive Director before the funded activities can begin. Award recipients must include acknowledgement of funding from the Sea Turtle Grants Program and, where possible, include a graphic of the Sea Turtle License Plate, supplied by CCC, on any and all publications, signage, documents, videos, publicity and results related to their project. Payment Schedule for Grant Awards Upon review of those applications recommended for funding by the Sea Turtle Grants Committee, the payment schedule will be determined. Projects will generally receive 50% of the awarded funds upon contract execution, 30% upon approval of 6-month reports, and the final 20% upon approval of final reports OR projects will receive 80% of the awarded funds upon contract execution, 10% upon approval of 6-month reports, and the final 10% upon approval of final reports. Payment schedule will depend upon the project. Page 4 of 6 Sea Turtle Grants Program Application Guidelines o 2010 — 2011 Funding Cycle Sea Turtle Grant Application Preparation The full application, including the Cover Sheet and Budget Form, can be copied and used directly or electronic versions of the forms (MS Word or PDF) can be downloaded from the web site at www.helpingseaturtles.org. Applications or Forms can also be requested via e-mail at stgp@helpingseaturtles.org or by calling Dan Evans at (352) 373-6441. All applicants should review their proposal package carefully to ensure it is complete and all data essential for a critical evaluation are included or summarized. Any omissions are the responsibility of the applicant. Applicants must provide ten (10) hard copies (1 original plus 9 copies) and one (1) digital copy (MS Word format preferred) of each Sea Turtle Grant Application being submitted. Each hard copy should only be stapled in the upper left-hand corner. Supporting materials, except Research Proposals, should be attached at the end of each individual copy. Research Proposals should be separate and paper clipped to the Project Proposal. Digital copies can be provided on a CD. The CD must be labeled with the applicant's name or the organization's name. All digital file names should include the applicant's or organization's name. Please do not attach a cover letter to your proposal, submit your proposal in a folder or bind your proposal in any other than described in these guidelines. Grant Applications must be received by 5:00 pm on the due date. Applicants will be notified of application receipt and completeness via email, generally within two to three business days after the due date, incomplete applications will not be considered for funding. Formal notification will be sent by written letter within one week of the due date. Directions for Sea Turtle Grant Applicants The Sea Turtle Grant Application should be stapled in the upper left hand corner and is composed of several components: Cover Sheet (1 page) Project Proposal (limit to 8 pages, single sided) Budget Form (limit 2 pages) Additional required information based upon Project Category (see below). Succinctness is strongly encouraged. Applicants are requested to use standard weight recycled paper. Use headings to separate sections described below. Cover Sheet: Please fill out the Cover Sheet completely making sure to keep it to one page, that you fill in the Total Amount Requested, and that it has been signed. The Project Manager must have the authority to submit a proposal on behalf of the applicant's listed organization. If not, a letter of endorsement by the listed organization must be included after the Cover Sheet and the Cover Sheet must be signed by an Authorized Representative. Page 5 of 6 Sea Turtle Grants Program Application Guidelines 2010 — 2011 Funding Cycle All Project Proposals should include the following Sections: 1. Project description. Provide a detailed explanation of the project, including method/activities to complete your project. 2. Benefits to Florida Marine Turtles? Describe the benefits of your project to Florida's marine turtles and how your project. Include references to theFWC's Marine Turtle Protection Program Goals (Attachment A) and the federal recovery plans for marine turtles as appropriate (available on the U.S. Fish & Wildlife Service website). 3. Has a similar project previously been funded by the sea turtle grants program? If yes, how is the proposed project different and how will you incorporate existing materials or results? Review past funded projects at helpinhseaturtles.org/funded.php 4. What are the tasks and expected accomplishments of the proposed project? Please list out the tasks that can be used to monitor the progress of your project and what you expect to be the final accomplishments when the project is complete. What are the proposed project's 6-month and final deliverables in addition to the required reports? Please list items that you will be providing with your reports to show the progress of the project. These can include draft samples of educational materials, photos of field research, quotes/receipts, a draft or final copy of a research presentation/manuscript, etc... (While all projects. must have Final deliverables, not all projects will have a 6-month deliverable.) 6. What is the background and relevant experience of the people working on project? Please only provide a 1-2 paragraph biographical summary per person that keys in on education or experiences relevant to the proposed project. 7. Budget Narrative. Please provide a detailed description for each item listed on the separate Budget Form. Make sure to provide any Match, including staff time or other non -monetary resources, that you will be providing to the project. Indirect costs must be no more than 5% of the funds being requested (see Budget Form). Neither indirect costs nor Match are not required, though showing some level of Match is desirable. 8. How will you publicize or distribute the results of your project? Please make sure to include how the Sea Turtle Grants Program, as the funding source, will be publicized. 9. How will the success of this project be evaluated? Describe how you will determine the success of your proposed project. Budget Form: Please fill out the Budget Form and include all requested funds with the brief item title used in your Budget Narrative. Remember that your proposal may by partially funded, so it is in your best interest not to lump budget items. If you must lump items together on the Page 6 of 6 Sea Turtle Grants Program Application Guidelines 2010 — 2011 Funding Cycle Budge Form, please break out the various items within your Budget Narrative. Indirect Costs can not be more than 5% of Requested Funds Sub -Total, not required. Additional information requirements based on category: Conservation Grant Applications that involve the purchase of surgical or rehabilitation equipment and/or supplies should include a separate page with a justification, beneficial uses, and address any potential negative impacts resulting from the usage of the proposed equipment or supplies. Education Grant Applications that involve the production of educational materials should include a separate page with a title and brief description of the item, the number to be produced, description of how the materials are to be distributed, and the target audience for each educational item being proposed. Providing a mock-up or draft of any proposed materials or displays is strongly encouraged. If you are requesting a reprint of educational materials, please include a sample of the existing item(s). Research Grant Applications should include a separate research proposal with introduction, objectives, detailed methods, including data analysis, and a C.V. or Resume (2 pages or less) for all the people involved in the proposed project. Research Proposals should be stapled in the upper left-hand corner and paper clipped to your Project Proposal. Research Proposals are reviewed and rated by FWCC staff. Completed applications should be submitted in the following order: Cover Sheet Letter of Authorization (if applicable) Project Proposal Budget Form Additional Information for Education & Conservation applications (if applicable) Supporting Materials, paper clipped to Project Proposal (if applicable) Research Proposal, paper clipped to Project Proposal (if applicable) Page 7 of 6 Sea Turtle Grants Program LORI¢A- Application Guidelines TLE 2010 — 2011 Funding Cycle Attachment A: Florida Fish & Wildlife Conservation Commission's t. Marine Turtle Protection Program Goals - Maintain the quantity and quality of nesting habitat for marine turtles in Florida. ❖ Ensure that beach restoration projects consider and minimize impacts to marine turtles Reduce the impact of beach -front lights on nesting beaches •3 Reduce storm water drainage onto nesting beaches Manage beach cleaning activities to minimize effects on sea turtles - Promote the protection of marine habitats that are used by Florida's marine turtles. ❖ Minimize loss of important nearshore foraging habitats during beach restoration activities ❖ Identify and eliminate point sources of pollutants into coastal systems used by marine turtles - Reduce human -related mortality of all life history stages of Florida's marine turtles. - Minimize human manipulation of sea turtles, their eggs, and their nests. - Collect information on the biology, ecology and migrations of sea turtles. - Collect information on the effects of human activity on sea turtles. - Continuously monitor populations of sea turtles that nest on Florida beaches or that have genetic links to sea turtles found in Florida waters. - Identify and maintain the genetic diversity of marine turtle populations that occur in Florida. Provide scientific data that will guide land acquisition efforts to benefit sea turtles. - Identify and eliminate factors that reduce the natural productivity of marine turtle nesting beaches - Promote the health of Florida's marine turtle populations. - Promote international cooperation in sea turtle recovery efforts. - Educate the public about Florida's sea turtles and the ways they can promote the recovery of sea turtle populations - Address the tasks assigned to FWC in the federal Recovery Plans for marine turtles Florida Sea Turtle Grants Program Proposal Cover Sheet Project Title: Project Category (select one): ❑ Education ❑ Research ❑ Conservation Organization: FEID# Project Manager: Title: Mailing Address: City: State: Zip Code: Phone: ( ) Fax: ( ) Email: Authorized Signature: Date: If your proposal requires a Marine Turtle Permit, please provide the MTP that covers the activities you are proposing: MTP# ❑ Proposal does not require a MTP Eligibility: Project Summary: Total Amount Requested: $ CCC Use Only Proposal Number: Date Received: Florida Sea Turtle Grants Program Budget Form r ITEM NO. DATE: AGENDA REQUEST REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITTED BY: Public Works/Engineering Division County Engineer �tiy"" SUBJECT: Cortez Boulevard and S. 25th Street Intersection Improvements BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A VI-D1 10/20/09 (X) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the Signalization Road Improvement Agreement with Cortez Townhomes, LLC and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( x ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coord i nation/Sig natures - �- Finance Daniel McIntyre Originating Dept. ( x) 0 Do ald West Cortez and 25th Intersection Improvements road imp. agmt.ag Shai Francis County Engineer (x) Michael Powley Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director`' FROM: Michael Powley, County Engineer DATE: October 20, 2009 SUBJECT: Cortez Boulevard and S. 25th Street Intersection Improvements ITEM NO. VI-D1 Background: The attached Road Improvement Agreement (Attachment A) with Cortez Townhomes, LLC is for Cortez Boulevard and S. 251h Street Intersection Improvements associated with the Cortez Multi - Family Townhomes. This project is located approximately 750 feet east of South 25th Street and is situated on the south side of Cortez Boulevard. The project consists of 93 multiple family units located within 12 buildings. Conditions 2 and 3 of Resolution 06-236 required that the developer construct road improvements for Cortez Boulevard and signalize the intersection of South 25th Street and Cortez Boulevard. The development was annexed into the City of Ft. Pierce on April 2, 2007. The developer hired Culpepper and Terpening, Inc. to prepare the plans for the required off -site improvements. The engineer's estimate of probable cost (Attachment B) has been reviewed and approved by staff. The Dual Obligee Rider to Performance Bond No. 1025128 (Attachment C) has been approved by the County Attorney. The developer is also obligated to construct additional road improvements to Cortez Boulevard along the entire frontage of the subject parcel. These additional improvements will be processed with a separate Road Improvement Agreement. Previous Action: October 3, 2006 - Applicant was granted major site plan approval (Resolution 06-026). April 28, 2008 - First Amendment to the Agreement with Cortez Townhomes, LLC and Gregg R. Wexler. Recommendation: Board approval of the Signalization Road Improvement Agreement with Cortez Townhomes, LLC and authorization for the Chair to sign documents as approved by the County Attorney. 4. Attachment A ROAD IMPROVEMENT AGREEMENT THIS ROAD IMPROVEMENT AGREEMENT, is entered into this day of , 2009, by and between CORTEZ TOWNHOMES, LLC (the "Developer"), and the ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County"). W ITNESETH: WHEREAS, the Developer is commencing proceedings to develop land in the City of Ft. Pierce, St. Lucie County known as Cortez Road Multi -Family ("Development"); and WHEREAS, the Developer proposes to construct certain road improvements to the satisfaction of the City and County. These improvements include the signalization of Cortez Road & 25rh Street intersection, construction of left turn lanes and supporting infrastructure for the signalization and improvements to Cortez Road to minimum St. Lucie County standards from the intersection at 25'h Street to the eastern limits of the subject property; and NOW THEREFORE, in consideration of the mutual promises contained herein, the Developer and City agree as follows: 1. NOTIFICATION TO COUNTY. This Agreement is subject to the Developer obtaining a right-of-way permit from the County prior to construction. 2. COMPLETION OF REQUIRED ROAD IMPROVEMENTS/OWNERSHIP. The Developer agrees to provide the County Engineer a construction schedule, in calendar days, which guarantees the completion of the Improvements for the above referenced development on aforestated County rights -of -way, as submitted by the Developer's engineer and approved by the County Engineer. As submitted, the Developer shall guarantee completion of the Improvements within 180 calendar days from the date of commencement of the Improvements by the Developer. Furthermore, the Developer agrees to commence the required improvements within sixty (60) days after the approval of this Agreement by the Board of County Commissioners according to the construction plans approved by the County Engineer. The Improvements are more particularly set forth on those certain plans drawn by the Developer's engineers, Culpepper & Terpening, Inc., dated August 31, 2009. Upon completion, the ownership of the Improvements shall be conveyed to the County by Bill of Sale free and clear of all liens and encumbrances. 3. SECURITY. The Developer agrees to provide the County with security in a form acceptable to the County Attorney in the amount of One Million, Four Hundred and Fifty Five Thousand, Five Hundred and Eighty Six Dollars and No Cents ($1,455,586.00), representing over 115% of the estimated cost of the Improvements as submitted by the Developer's engineer and approved by the County Engineer. This amount includes the fifteen percent (15%) to be retained for a period of one (1) year and thirty (30) days from the date the improvements are conditionally accepted by the St. Lucie County Board of County Commissioners to provide for maintenance of the improvements and to indemnify and save the County harmless from any and all costs necessary to repair or replace any part or portion of the Improvements occasioned by faulty engineering, workmanship, or materials. 1 4. REDUCTION OF AMOUNT OF SECURITY The amount of the security may be reduced once during the term of this Agreement upon the completion of a portion of the Improvements by the Developer and upon inspection and acceptance by the County. In no event, however, shall the amount of the security be less than one hundred percent (100%) of the cost of completing the remaining Improvements plus fifteen percent (15%) of the total cost for construction of all the Improvements. 5. SUPERVISION OF CONSTRUCTION The Improvements shall be constructed under the supervision of the Developer's engineer in full compliance with the specifications and requirements of St. Lucie County, and when complete, Developer's engineer shall furnish the County Engineer with a certificate of satisfactory completion for approval. 6. EXTENSIONS OF TIME. The County may grant an extension of the time to perform the work, when a controlling item of Improvements is delayed by any factors contemplated or not contemplated at the time of commencement of the Improvements. 7. FAILURE TO COMPLETE IMPROVEMENTS. It is further understood and agreed by and between the parties to this Agreement that, in the event Improvements are not constructed within 180 calendar days of commencement by the Developer or twelve (12) months from the date of this Agreement, whichever comes first, the County shall have and is hereby granted the right to cause the Improvement to be made and to use the security provided herewith for payment of all costs and expenses incurred in the construction thereof, including but not limited to, engineering, surveying, construction, legal and contingent costs. Furthermore, it is agreed by the parties hereto that County shall be reimbursed from the security provided for any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all of the provisions of this Agreement. In the event of Developer's failure or refusal to construct and install the Improvements in accordance with the terms of this Agreement, the County shall have the option to do so, with County employees and equipment, or pursuant to public advertisement and receipt of bids. In the event that the total costs incurred in construction and full completion of the improvements shall exceed the amount of security provided, such additional costs shall be paid by Developer on written demand by the County Engineer. 8. RELEASE OF SECURITY. Upon completion of construction of all Improvements, the Developer's engineer shall certify that the improvements have been constructed in accordance with the approved plans. When the improvements have been certified by the Developer's engineer, the County Engineer shall inspect the improvements and review the construction and supporting test/control data furnished by the Developer's engineer. If all Improvements are completed to the satisfaction of the County Engineer, the County Engineer shall confirm this in writing to the St. Lucie County Board of County Commissioners. The Developer's security, minus fifteen percent (15%) to be held as security for maintenance, shall then be released. 9. INTERPRETATION• VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the e Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated below. The date of this Agreement shall be the date on which this Agreement is approved by the Board of County Commissioners. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 76- DEPUTY CLERK BY . CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY TTO 1 BY: Print -Name: Gregg Wexler, Esq. Title: Managing Member Attachment B Cortez Off -Site Improvements ESTIMATE OF PROBABLE OFFSITE CONSTRUCTION COST 9/14/2009 Cortez & 25th Street Turn 1-- Line No, Item No. Description Unit Estimated Quantity Unit Price Price 1 101-1 Mobilization LS 1 $ 32,400.00 $ 32,400,00 2 102-1 Maintenance of Traffic LS 1 $ 7,500,00 $ 7,500.00 3 104-13-1 Silt Fence LF 2,060 $ 1.50 $ 3,090.00 4 110-7-1 Mailbox Relocation EA 2 $ 125.00 $ 250.00 5 120-6 Re -Grading NSLRWCD Ditch CY 510.00 $ 10.00 $ 5,100.00 6 160-6 12" Stabilized Sub -Grade BR 40 SY 4,220 $ 5.25 $ 22,155.00 7 285-711 10" Limerock/Cemented Coquina Base BR 100 SY 3,812 $ 17.25 ; 65,757.00 8 286-1 Driveway Turnouts SY 150 $ 35.00 $ 5,25000 9 334-1-12 2" SuperpaNre FC-12.5 SY 3,812 $ 13.50 $ 51,462.00 10 337-7-6 1" Sue ave FC-9.5 SY 3,812 $ 8.75 5 33,355.00 11 425-1351 Type P-5 Curb Inlet EA 1 $ 2,900,00 $ 2,900.00 12 425-1361 Type P-6 Curb Inlet EA 3 1 $ 3,200.00 $ 9,600.00 13 425-1551 Type E Inlet EA 1 5 2,850.00 $ 2,850.00 14 430-175-101A 18" RCP LF 42 $ 55.00 $ 2,310.00 15 430-175-101B 24" RCP LF 147 ; 65.00 $ 9,555.00 16 430-175-1OIC 24" CMP LF 19 $ 62.00 $ 1,17800 17 430-175-105 72" RCP LF 25 $ 380.00 $ 9,500,00 18 430-175-202 30"x19" ERCP LF 24 $ 90.00 $ 2,16000 19 1 430-982-125 18" MES EA 2 $ 1,100.00 $ 2,200.00 20 430-982-145 72"MES EA 1 $ 15,000.00 ; 1500000 21 430-982-629 30"xl9" MES EA 2 $ 2,200.00 $ 4,400.00 22 515-2-302 Aluminium Pedestrian/Bic cle Picket Railing LF 420 $ 50.00 ; 21,000.00 23 515-t-2A Handrail Adjustments LF 20 ; 10.00 $ 200.00 24 520-1-10 Type "F" Curb & Gutter LF 1,130 17.00 $ 19,210.00 25 520-3 T e Valle Gutter LF 457 $ 23.00 $ 10,511.00 26 522-1 4" Thick Concrete Sidewalk 6' wide SY 417 $ 38.00 $ 15,846 00 27 570-1-2 Sod SY 4,730 $ 200 $ 9,460.00 28 711-11-111 6" Striping White - Thermoplastic LF 2,190 $ 0.80 $ 1,752,00 29 711-11-221 6" Stripinjz Yellow - Thermoplastic LF 2,720 ; 0.80 $ 2,176.00 30 711-11-231 6" Striping Yellow Skip Traffic 2' - 4' , Thermoplastic LF 440 $ 1.25 $ 550.00 31 711-11-125 24" Solid White Stop Bar, Thermoplastic LF 132 $ 4.75 $ 627.00 32 711-11-224 18" Stri in Yellow - Thermoplastic LF 410 $ 4.00 $ 1,640.00 33 711-11-124 Crosswalk Striping 12" White Thermoplastic LF 360 $ 300 j 1,080.00 711-11-170 Directional Arrows 7L, 2R/S , Thermo lastic EA 10 $ 72.50 $ 72500 E3634 425-1901 Concrete unction Box/Draina e Structure EA 1 $ 10,000.00 $ 10,00000 530-3-4 lCanal Bank Armouring (Rip -Rap Rubble with Filter Fabric SY 1954 $ 95.00 1 $ 185,630.00 Subtotal Intersection Turn Lanes Si nalization $ 568,379.00 37 620-1-1 Grounding Rods LF 160 ; 10.00 $ 1,600.00 38 630-1-13 Conduit & Under Pavement (Open Cut LF 632 $ 6.75 $ 4,266.00 39 630-1-14 Conduit & Under Pavement(Directional Bore) LF 535 $ 8.50 $ 4,547.50 40 632-7-1 Cable (Signal) & I PI 1 $ 9,500.00 $ 9,500,00 41 635-1-11 Pull & Junction Boxes F & ull Box EA 15 $ 415.00 $ 6,225.00 42 639-1-23 Electric Power Service (Underground) AS 1 $ 1,200.00 $ 1,200.00 43 639-2-1 Electric Service Wire LF 212 $ 225 $ 477.00 44 639-3-11 Power Service EA 1 $ 500.00 $ 500.00 45 639-4-1 3,000 I.S Generator (Honda) EA 1 $ 5,500.00 $ 5,500.00 46 641-11-15 Power Service Pole Class I EA 1 $ 2,50000 $ 2,500.00 47 649-31-114 Mast Arm Assembly & I (Double Arm w/ Lum EA 2 $ 53,000.00 $ 106,000.00 48 650-51-312 Traffic Signal F & 3 Sec, 1 way,STD AS 6 $ 1,200.00 $ 7,200.00 49 650-51-312 Traffic Signal & 3 Sec, 1 way, DIR AS 2 $ 1,200.00 $ 2,400.00 50 650-51-512 Traffic Signal F & 5 Sec AS 2 $ 1,500.00 $ 3,000.00 51 653-191 Pedestrian Signal F & I(LED-Countdown) AS 6 $ 950.00 $ 5,70000 Created by: NRW C'.\OOCUME-1\smanhes\LOCALS-1\Temp\ELF149108-338 Cortez and 25th St Intersection - cost Estimate (InterOnly) - 09 07.09..1s Checked by: SKM Ltne No. Item No. Description Unit Estimated Quantity Unit Price Price 52 659-101 Signal Head Auxiliaries (F & I) (Back Plates, 3 Sections) CA 2 $ 104.50 $ 20900 53 659-106 Signal Head Auxiliaries (F & I) (Tunnel Visors) EA 34 $ 5000 $ 1,700.00 54 659-107 Signal Head Auxiliaries (F & ) (Aluminum Pedestal) EA 2 $ 50000 $ 1,000.00 55 659-118 Signal Head Auxiliaries (F & I) (Back Plates, 5 Secuons) EA 2 $ 13000 $ 260.00 56 663-74-15 Vehicle Detector Assembly EA 4 $ 9,229.00 $ 36,916 00 57 665-11 Pedestrian Detector (F & I) (Pole Mount) EA 2 $ 132.00 $ 26400 58 665-12 Pedestrian Detector (F & I) (with Post) EA 2 $ 2,500.00 $ 5,000-00 59 670-5130 Traffic Controller Assembly ( F & I) (NENLA) EA 1 i 21,120,00 $ 21,120.00 60 680-111 System Auxiliaries (F&I) Roadside Master AS 1 $ 2,500.00 $ 2,500.00 61 680-115 System Auxiliaries (F&I) US Robotic Fax Modum EA 1 $ 1,500.00 $ 1,500,00 62 685-106 System Auxiliaries (F&I) (U nin terrup table Power Source - F&I) EA 1 $ 6,737.50 $ 6,737.50 63 685-120 System Auxiliaries (F&I) (Telemetry Transceiver) EA 1 $ 3,500.00 $ 3,50000 64 685-127 System Auxiliaries (F&I) (Telephone Connection) EA 1 $ 750.00 $ 750.00 65 699-1-1 Internally Illuminated Sin (F & I) EA 4 $ 2,475.00 $ 9,90000 66 715-4-300 Li ht Pole Complete EA 1 $ 2,500.00 $ 2,500.00 67 715-4-400 Light Pole C m lete, Relocate EA 1 $ 500.00 $ 500.00 bubtotal5)gnaltzatjon $ 254,972.00 Sub -total $823,351.00 154,E Continoencv e,— ' Stefan K. Matthes, P E Florida Registration No �3 723", Created by: NRW C0OCUME- 1\smattheslLOCALS-1\7emp1ELF 149\08-338 Con— and 25m St Intersection -Cost Estimate (in -Only) . 09.07 09.rIs Checked by: SKIM Attachment C DUAL OBLIGEE RIDER TO PERFORMANCE AND PAYMENT BOND NO. 1025128 WHEREAS, on or about the 23`d day of March, 2009 , Cortez Townhomes, LLC as Contractor, entered into a written agreement with City of Fort Pierce, Florida as Obligee, for the construction of Road Improvement Agreement/Cortez Townhomes, LLC herein referred to as the Contract, and WHEREAS, the Contractor and Lexon Insurance Company as Surety, made, executed and delivered to said Obligee their joint and several bond and WHEREAS, the Obligee has requested that St. Lucie County, Florida (hereinafter called "Co - Obligee"), said Co -Obligee having a material interest in the performance of the said contract, be named as Co -Obligee in the Bond and has requested the Contractor and Surety to join with the Obligee in the execution and delivery of this Rider and the Contractor and Surety have agreed to do so upon the conditions herein stated. NOW THEREFORE, in consideration of One Dollar and other good and valuable consideration, receipt of which is hereby acknowledged, the undersigned hereby agree as follows: The aforesaid Bond shall be and it is hereby amended as follows: The name of St. Lucie County, Florida as Co -Obligee, shall be added to said Bond as a named Obligee. The rights of the Co -Obligee shall be subject to the condition precedent that all the Obligee's obligations to the Contractor be performed-, provided, however, that the aggregate liability of the Surety ,.nder said Bond, to the Obligee and the Co - Obligee, as their interest may appear, is limited to the penal sum of the bond and further, that the Surety may, at its option, make any payments under said Bond jointly to the Obligee and the Co -Obligee; and further provided there shall be, no liability under the Bond to the Obligee or to the Co -Obligee, or to either of them, unless payment be made to the Contractor at the time and in the manner provided in the contract. Except as herein modified, said Bond shall be and remain in full force and effect. SIGNED, SEALED AND DATED THIS 18" day of August, 2009 City of Fort Pierce, Florida ATTEST: AND (01kf(TNESS By �<< y Mayor Lexon Insurance Company l By By _ T. Gregg R. Wexler, Ivlgrm Murton Harris, Attomev-In-Fact Fla. Resident Agent ITEM NO. VI — D2 DATE: 10/20/2009 �!COUNTY IF LORI . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Donald B. West SUBMITTED BY: Public Works - Administration Public Works Director SUBJECT: Approval of Taylor Creek Restoration Dredging Phase 2. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140329-4315-546350-4657 - Maintenance and Dredging. PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Work Authorization No. 11 with Dredging and Marine Engineering, LLC. for the engineering design of Taylor Creek Restoration Dredging Phase 2, in the amount of $316,980, and authorization for the Chair to sign documents as approved by County Attorney. COMMISSION ACTION: (J(� APPROVED ( ) DENIED ( ) OTHER County Attorney ( X ) Approved 5-0 Dan McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Originating Dept. ( X) tM ERD Do Id B. West Marie Gouin (X ) en L. Smith C6iuN T IYY F L O R I D A Public Works Administration MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Direct7�111 - DATE: October 20, 2009 SUBJECT: Approval of Taylor Creek Restoration Dredging Phase 2. ITEM NO. VI — D2 Background: In 1998, the County began the planning and design of a Port project to dredge the muck sediments from Taylor Creek, at the North boundary of the Port of Fort Pierce. The initial spoil site was located at the Port of Fort Pierce on Mr. Lloyd Bell's property. Phase 1 of the project was completed in December, 2006 and it involved the dredging of muck between the Intracoastal Waterway and the Railroad Bridge. Approximately 95,000 cubic yards of muck were removed in Phase 1. In June 2007, the spoil disposal site on Mr. Lloyd Bell's property was disassembled. Phase 3 of the project involved the stabilization source of sediment. The banks of the creek w project was completed in February of 2008. of the banks of Taylor Creek, to help control the ire lined with a stone revetment. Phase 3 of the Currently, the County is working to implement Phase 2 of the Taylor Creek Project. This involves dredging of an additional 100,000 cubic yards of muck sediments, upstream of the Railroad Bridge. The County initiated a spoil site selection process in August 2007. Based upon a final evaluation report prepared by Dredging and Marine Consultants and Engineering, LLC., (DMC) the Ridgehaven property at the SLC Airport was selected as the Phase 2 spoil site. The attached proposal from DMC outlines the scope of services that is required to prepare construction drawings and obtain permits for the spoil site construction. The proposal (attachment A) includes work that is required to establish a gopher tortoise recipient site at the County -owned Bluefield Ranch. Gopher tortoises that currently reside on the Ridgehaven spoil site will be relocated to the Bluefield recipient site. Permits will be required from the Florida Fish & Wildlife Commission (FWC) for the gopher tortoise recipient site. This portion of the project will be closely coordinated with the Environmental Resources Department. Public Works Memorandum Item No. VI — D2 Page 2 Additionally, the proposal includes the necessary hydrographic surveys and environmental assessment surveys of the creek (dredging area), and ground water monitoring wells for the spoil site area. Construction services include: preparation of bid documents and technical specifications, construction management and inspection, and final certification of construction to the permitting agencies. Funds for design and permitting services are available in the port budget and from FSTED grant contracts. Construction of the spoil site is anticipated to commence in April of 2010. The dredging work is pending FSTED funding for construction in 2011. Previous Action: May 2, 2006 - Board of County Commissioners approved the Taylor Creek/C25 Dredging Restoration Project Phase 3 to Dredging and Marine Consultants, LLC. in the amount of $107,500. March 27, 2007 - Board of County Commissioners awarded construction contract to Sheltra and Sons Construction, Inc., for removal of Spoil Site in the amount of $185,406. April 17, 2007 - Board of County Commissioners approval of contract with Dredging and Marine Consultants, LLC. for Engineering Design and Construction management services. Work Authorization No. 4. In the amount of $29,000. June 26, 2007 - Board of County Commissioners Approval of Change Order No. 1 with Sheltra and Sons Construction Inc., for removal of Spoil Site in the amount of $121,392. August 14, 2007 - Board of County Commissioners approval of Work Authorization No. 5 with Dredging and Marine Consultants, LLC. for Spoil Site Assessment Study in the amount of $9,500. August 14, 2007 - Approval of Taylor Creek Restoration Project Shoreline Stabilization, Phase 3 to Ranger Construction, Inc. in the amount of $1,108,736.00. May 27, 2008 — Board of County Commissioners conceptual approval of dredging Spoil Site to be located at the Ridgehaven property on the SLC Airport. Recommendation: Board approval of Work Authorization No. 11 with Dredging and Marine Engineering, LLC. for the engineering design of Taylor Creek Restoration Dredging Phase 2, in the amount of $316,980, and authorization for the Chair to sign documents as approved by County Attorney. 3� Cots NTY F L O R I D A L Environmental Resources Department MEMORANDUM TO: Lee Ann Lowery, Assistant County Administrator THROUGH: Don West, Public Works Director " FROM: Karen L. Smith, Environmental Resources Director DATE: October 13, 2009 SUBJECT: Taylor Creek Dredging Project Phase 2 - Bluefield Preserve Gopher Tortoise Mitigation Area The Environmental Resources Department recommends approval of the Taylor Creek Dredging Project Phase 2. The project includes using the 460- acre County -owned Bluefield Preserve as a receiving area for Gopher Tortoises. The Environmental Resources Department will work with the Taylor Creek Dredging Project's consultant to ensure compliance with the Florida Fish and Wildlife Commission's permit and requirements. CHRIS DZADOWVSKY, District No 1 ' DOUG COWARD, District 2' PAULA A LEWIS, District 3 ' CHARLES GRANDE, District 4 ' CHRIS CRAFT, District No 5 County Administrator — Faye W Outlaw, MPA 2300 Virginia Avenue ' Fort Pierce, FL 34982-5653 Environmental Resources: Phone (772) 462-2526 Fax (772) 462-1684 Dwdghg & Martr» Conn ljW* DXC ENGINEERS • SCIENTISTS Mr. Donald B. West, P.E. Director of Public Works St. Lucie County 2300 Virginia Ave, 2nd Floor, Annex Room 229 Ft. Pierce, FL 34982 Attachment A Page 1 of 5 September 14, 2009 DMC PN: 09-002-15 RE: Taylor Creek Restoration Dredging Phase 2 Engineering and Environmental Scope of Services, Budget, and Schedule Dear Mr. West: Dredging & Marine Consultants, LLC (DMC) is pleased to submit this proposal with supporting exhibits for the above referenced project. We have attached the three exhibits; Exhibit A: Scope of Services, Exhibit B: Budget and Exhibit C: Schedule, at your request. These services include all the work necessary to complete the Taylor Creek Dredging Phase 2 permitting that will also include the Ridgehaven Permanent Dredge Material Management Area. Additional tasks that pertain to the engineering, environmental, surveying, planning, design and permitting along with coordination with the County Environmental Resources and Planning Department to facilitate all zoning compliance issues of the permanent 20-acre Permanent Dredged Material Management Area are also included. These services will assist the County with creating a County Owned Gopher Tortoise Recipient Site at the County owned Bluefield Ranch Natural Area and Management Plan, facilitation of the Greenways and Trails plan abutting this site, preparation of the technical bids, plans, conduct pre -bid meetings, selection of contractors, construction inspection pertaining to the DMMA construction, and coordination and reporting of various funding agencies and final project close-out services. DMC is able to commence work immediately upon receipt of the County's Notice to Proceed. We look forward to working with St. Lucie County. Respectfully, Dredging & P arine Consultants, LLC G%t�t Shailesh K. Patel, M.Sc., CPSSc. Project Manager F-\DMC PROJECTS=2 St. Lucie County109-002-15 Taylor Creek Restoration Dredging, Phase 21St. Lucie County Taylor Creek Dredging Phase 2 Proposal Letter.doc 4643 S.Clyde Morris Blvd. Unit 302 - Port Orange, FL 32129 • Phone: 386-304-6W5 - Fax: 386-304-6506 spatel@dmces.com - www.dmces.com Page 2 of 5 Exhibit A Scope of Services Project: Taylor Creek Restoration Dredging Project, Phase 2 Client: St Lucie County County Project Manager: Mr. Donald B. West, P.E. DMC Project Manager: Mr. Shailesh K. Patel, M.Sc., CPSSc. DMC Project Number: 09-002-15 Scope of Services Task 1: Hydroaraphic Survey • Complete a hydrographic survey of Taylor Creek • Calculate existing sediment volume in each of the proposed dredged templates Task 2. Environmental Assessment • Perform seagrass and other resources surveys (Mangroves, oyster beds, etc) for the entire creek in order to fulfill permitting needs • Coordinate and complete all permitting and mitigation with St. Lucie County Environmental Resource Management and Planning Departments for all vegetation removal Task 3: Gopher Tortoise Recipient Site Establishment Management Plan. and Relocation • Establish a 460 acre Gopher Tortoise Recipient Site at the County owned Bluefield Ranch Natural Area, including all permitting, conservation easement establishment, vegetation surveys, and existing Gopher Tortoise population surveys • Create boundary survey and legal description for the Gopher Tortoise Recipient Site at the County owned Bluefield Ranch Natural Area • Create a management plan for relocating gopher tortoises to the Gopher Tortoise Recipient Site at the County owned Bluefield Ranch Natural Area during future County projects • Complete pre -application (25%) and pre -construction (100%) Gopher Tortoise Surveys for the DMMA (Dredge Material Management Area) Site and all Florida Fish and Wildlife Conservation Commission (FWC) permitting • Complete all permitting necessary to relocate approximately (60) Gopher Tortoises from the DMMA Site • Relocate approximately (60) gopher tortoises from DMMA site to Gopher Tortoise Recipient Site at the County owned Bluefield Ranch Natural Area Task 4: Dredge Material Management Area Site Desian: • Complete engineering and design of berms, roads, weirs, culverts, pipeline routes, overflow structures, access, fencing, and equipment staging areas • Incorporate design components of Greenway Trail along existing creek/canal if feasible in coordination with County ERD and Planning Departments • Geotechnical investigation to determine suitability of existing soils for design of appropriate berms • Complete seepage analysis to determine berm integrity during and after dredging Dredging & Marm can ikm DXC ENGINEERS • SCIENTISTS Page 3 of 5 Task 5: Ground Water Monitonnv • Spacing and drilling of eight ground water monitoring wells to depths in accordance with DEP groundwater monitoring protocol • Monitoring and testing of ground water before, during, and after dredging activities in accordance with DEP groundwater monitoring protocol, estimated 15 samples tested for chloride concentrations and total dissolved solids concentrations Task 6: Permitting • Conduct pre -application meetings with FDEP, USACOE, SFWMD and the Ft. Pierce Farms Water Control District to review the Dredging and DMMA plan • Complete Environmental Resource Permitting through all necessary agencies • Respond to all Requests for Additional Information St. Lucie County will be responsible for any local, stage, and federal permitting fees • Provide the necessary plans and technical specifications in reproducible format for bidding the entire project • Provide a 90% set of plans and documents for the County's Engineering review and comment • Assist the County in coordinating the bidding schedule, coordinating and attending a pre - bid meeting, responding to any questions and providing addendums • Review and recommend contractor selection Task 8: Construction Management and Administration for DMMA Construction. • Providing full time inspection and reporting during the construction of the DMMA site for an estimated 96 Days • Supervise geotechnical testing requirements • Coordinate improvements and landscaping requirements of the County • Ensure environmental compliance during DMMA site construction • Assist with any Contractor pay request verifications • Respond to and resolve any field issues that many arise • As -Built Certification Task 9: Proiect Management and Fundina Agency Coordination • Conduct public/county commission update meetings/presentations • Conduct regulatory agency project meetings • Conduct management meetings with St. Lucie County • Complete reporting or presentation assistance the County may need with regards to funding agencies such as the SFWMD, FIND and Florida Ports Council. • Ensure project schedule is maintained • Coordinate additional funding for DMMA cost share with FIND and USACE • Complete project closeout DMC agrees that any of these tasks may be reduced and/or eliminated by the County at its sole discretion by a written notice to DMC, including via email and upon DMC receipt acknowledgement. However, DMC will be compensated for any work completed up to the date of notification. F:IDIIC PROJECT8012 St Lucie CounWO9.002-1 S Taylor Crook Restoration Dredging, Phase 2%St Lucie County Taylor Creek Dredging Phase 2 Extdblt A doc Dredging & Mahe Cauunants INUO111111111L "A1111111111 ENGINEERS • SCIENTISTS Page 4 of5 Exhibit B Budget Project: Taylor Creek Restoration Dredging Project; Phase 2 Client: St. Lucie County County Project Manager: Mr. Donald B. West, P.E. DMC Project Manager: Mr. Shailesh K. Patel, M.Sc., CPSSc. DMC Project Number: 09-002-15 Budget Task Description Cost ($) 1 Hydrographic Survey 16,500.00 2 Environmental Assessment 10,790.00 3 Gopher Tortoise Recipient Site Establishment, Management Plan, and Relocation 67,160.00 4 Dredge Material Management Area Site Design 49,060.00 5 Groundwater Monitoring 32,300.00 6 Permitting 29,000.00 7 Technical Specifications, Pre -Bid and Contractor Evaluation Assistance 20,000.00 8 Construction Management and Administration of DMMA 73,220.00 9 Project Management and Funding Agency Coordination 18,950.00 TOTAL 316,980.00 FADMC PROJECTS\002 -St. Lucie County\09-002-15 Taylor Creek Restoration Dredging, Phase 2\St. Lucie County Taylor Creek Dredging Phase 2 Exhibit B.doc Page 5 of 5 U m X t X v W co u °1 ui in IL IL M u�, 3 COUNTY F L O R I D A WORK AUTHORIZATION NO. 11 CONTRACT C04-12-563 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the day of 1 2009, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and DREDGING & MARINE CONSULTANTS, LLC, hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on July 13, 2004, the County entered into a Consulting Agreement (Contract No. C04-12-563) hereinafter referred to as "Contract' with the Consultant to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The County has determined that it would like to complete a project described below Taylor Creek Restoration Dredging Project, Phase 2 (hereinafter referred to as "the Project'.) 2. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C04-12-563). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto as Exhibit "C" which are attached hereto and made a part of this work authorization and incorporated herein. Page 1 of 3 3. COMPENSATION: The cost to perform all services as described in the attached Scope Of Services shall be billed on an hourly basis, and shall not exceed a total amount of three hundred sixteen thousand nine hundred eighty and 00/100 dollars ($316,980.00), as further detailed in Exhibit "B". 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work within the time specified in the Exhibit "C". C. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple copies, each of which shall be considered an original on the following dates. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Deputy Clerk BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: DREDGING & MARINE CONSULTANTS Page 2 of 3 BY: Print Name: Cpk/,k% rCSH K. Title: qQr S soCrJT Page 3 of 3 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Public Works/Engineering Division ITEM NO. VI-D3 DATE: 10/20/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) PRESENTED BY: Michael Powley, P.E. County Engineer A!kp' Angle Road Sidewalk Project (Phase III - Avenue D Extension) See attached memorandum. 318-4113-563005-4702 County Capital Transportation Bond -Local Option Gas Tax PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the Eighth Amendment to Work Authorization No. 5 with Inwood Consulting Engineers in the amount of $18,075 for the Angle Road Sidewalk Project (Phase III - Avenue D Extension), and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED ( ) OTHER —� Approved 5.0 Faye W. Outlaw, MPA County Administrator Coordination/Sig natures County Attorney (x) Road/Bridge ( x) D� - Daniel McIntyre I Donald Pauley Originating Dept. ( x ) County Engineer ( x) /� il,p Wald West Michael Powley Angle Sidewalk PH III wa 5 amend 8 Inwood.ag A Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director�To - FROM: Michael Powley, County Engineer Ai! t DATE: October 20, 2009 SUBJECT: Angle Road Sidewalk Project (Phase III - Avenue D Extension) ITEM NO. VI-D3 Background: Attached is the Eighth Amendment to Work Authorization No. 5 (03-09-708) (Attachment A) with Inwood Consulting Engineers in the amount of $18,075 for the Angle Road Sidewalk Project (Phase III - Avenue D Extension). The scope of work includes additional design and permitting services of a 66-inch cross -drain culvert replacement at Canal No. 2 to work around an existing Fort Pierce Utilities Authority (FPUA) gas main. Initially, our plans indicated that FPUA would move the gas main so that our construction was not affected. However, funds for the relocation were not within their budget. We have agreed to modify our design so that it can remain in place. This amendment also includes a time extension through September 30, 2010 to close out our contracts and permits. Previous Action: May 6, 2008 — Staff's request to pursue breaking this project into two parts: 53`d Street to Avenue Q, and Orange Avenue to Avenue Q. May 13, 2008 - Fourth Amendment to Work Authorization No. 5 with Inwood Consulting Engineers, Inc. to perform contamination site assessments to develop construction criteria in the amount of $24,190 and a time extension through June 30, 2009. September 16, 2008 - Fifth Amendment to Work Authorization No. 5 with Inwood Consulting Engineers, Inc. for additional design efforts for the Avenue D Extension in the amount of $18,065. February 17, 2009 - Sixth Amendment to Work Authorization No. 5 with Inwood Consulting Engineers, Inc. for additional design efforts in the amount of $2,220. September 9, 2009 - County Administrator approved the Seventh Amendment to Work Authorization No. 5 for a time extension through February 28, 2010. Recommendation: Board approval of the Eighth Amendment to Work Authorization No. 5 with Inwood Consulting Engineers in the amount of $18,075 for the Angle Road Sidewalk Project (Phase III - Avenue D Extension), and authorization for the Chair to sign documents as approved by the County Attorney. 1 Attachment A EIGHTH AMENDMENT TO WORD AUTHORIZATION NO. 5 Proj/Prog 4702 Engineering Services Roadway and Intersection Design CO3-09-708 Angle Road Sidewalk Project Work Authorization No. 5 between St. Lucie. County (the "County") and Inwood Consulting Engineers, Inc. (the "Engineer") for Services related to Roadway and Intersection design, dated September 9, 2003, (the "Agreement") is hereby amended with a current contract of $176,735.00, an increase of $18,075.00. All work is to be completed on or before September 30, 2010. All other terms and conditions of Work Authorization No. 5 (CO3-09-708) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Eighth Amendment to Work Authorization No. 5 (CO3-09-708) to be executed and delivered on the dates below. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: CHAIR Date: APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES ENGINEER Print Name: Inwood Consulting Engineers Date. Page 1 of 4 September 24, 2009 Mr. Chester Belcher St. Lucie County Engineering Division 2300 Virginia Avenue 2nd Floor Annex, Room 229 Ft. Pierce, Florida 34982-5652 Re: Amendment AT- Angle Road Sidewalk Phase III St. Lucie County Project No. 07-010 St. Lucie County, Florida Contract No. CO3-09-708, Work Authorization No. 5 Dear Mr. Belcher: 1 Inwood C"Mub ig arwm" s S LC-012-13 We are pleased to submit this supplemental agreement for necessary additional design efforts. The scope of work includes the redesign and permit modification of a 66" cross -drain replacement at Canal No. 2 to be included in the Angle Road Phase III (Avenue D Sidewalk) contract plans. Attached is a fee proposal for a lump sum fee of $2,690.00. Additional hours are necessary to satisfy post -design services during construction, field visits, coordination, plan revisions and general project tasks for Angle Road Phase H and Phase Ill. Attached is the fee proposal for 148 hours, to be used on an as needed basis not to exceed $15,385.00, The attached documents are the fee proposal (Exhibit B) and project schedule (Exhibit C). TIME OF PERFORMANCE, Exhibit "C", has changed by this Contract Amendment. The project can be completed before September 30, 2010. The total net increase of this Supplemental #7 request is $18,075.00. Thank you for the opportunity to provide these services for the County and we look forward to assisting the County. 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VI - E I AGENDA REQUEST DATE: 10/20/09 REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY - SUBMITTED BY: St. Lucie County Sheriffs Office Sheriff's Office SUBJECT: Permission to accept the 2009 State Criminal Alien Assistance Grant. BACKGROUND: The U.S. Dept of Justice, Office of Justice Programs and Bureau of Justice Assistance Program have awarded St. Lucie County the 2009 State Criminal Alien Assistance Program (SCARP) Grant in the amount of $243,460. SCAAP is a retroactive reimbursement grant awarded to localities that have incurred cost to incarcerate undocumented criminal aliens. The actual allocation is calculated by the U.S. Department of Justice and the Bureau of Justice Assistance and is based on the number of detained aliens during the past year. FUNDS AVAILABLE: 107163-2110-331210-200 Department of Justice PREVIOUS ACTION: April 21, 2009, - BOCC approved permission to apply. RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize the acceptance of the 2009 State Criminal Alien Assistance Program Grant award in the amount of $243,460. Budget Resolution No: 09-300. COMMISSION ACTION: (� APPROVED () DENIED () OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) T-, OMB Director Dan I Mclnt re�'"Budget Analyst () Marie Gouin Originating Dept. ( ) F r"'�'"'-`� Sophia Holt Purchasing ERD ( ) L �NER .*- 4 eriff KEN J. MASCARA 4700 West Midway Road, Fort Pierce, Florida 34981 MEMORANDUM TO: St. Lucie County Board of Co ommissioners FROM: Ken J. Mascara, Sheriff DATE: Tuesday, October 6, 20097 Member National Sheriffs' Association Member Florida Sheriffs' Association Telephone: (772) 461-7300 • Fax: (772) 489-5851 RE: Permission to accept the 2009 State Criminal Alien Assistance Program (SCAAP) Grant Award in the amount of $243,460. ITEM NO. VI - E The U.S. Dept of Justice, Office of Justice Programs and Bureau of Justice Assistance Program have awarded St. Lucie County the 2009 State Criminal Alien Assistance Program (SCAAP) Grant in the amount of $243,460. SCAAP is a retroactive reimbursement grant awarded to localities that have incurred cost to incarcerate undocumented criminal aliens. The actual allocation is calculated by the U.S. Department of Justice and the Bureau of Justice Assistance and is based on the number of detained aliens during the past year. Recommendation Staff recommends that the Board of County Commissioners authorize the acceptance of the 2009 State Criminal Alien Assistance Program Grant award in the amount of $243,460. Budget Resolution No: 09-300. cc: Chief Garry Wilson Mr. Lee Tinker Mr. Toby Long Major Pat Tighe RESOLUTION NO. 09-300 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a State Criminal Alien Assistance Grant (SCARP) from the U. S. Dept. of Justice in the amount of $243,460. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 20th day of October, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget is hereby amended as follows: REVENUE 107163-2110-331210-200 APPROPRIATIONS 107163-2110-591900-200 Dept. of Justice $243,460 Transfer to Sheriff $243,460 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED THIS 20TH DAY OF OCTOBER 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Charmayne Davis From: Sophia Holt [holts@stlucieco.org] Sent: Thursday, October 01, 2009 8:23 AM To: Charmayne Davis Cc: William Simon Subject: FW: FY 2009 State Criminal Alien Assistance Program See attached notice. Please process as necessary. From: SCARP [mailto:SCAAP@usdoj.gov] Sent: Wednesday, September 30, 2009 4:07 PM To: SCAAP Subject: FY 2009 State Criminal Alien Assistance Program Dear SCAAP Recipient: The Bureau of Justice Assistance (BJA) is pleased to announce that the FY 2009 State Criminal Alien Assistance Program (SCAAP) award amounts are now viewable on the SCRAP website at: http://www.oip.usdoi.gov/BJA/grant/scaal).html. BJA will notify your jurisdiction when the 2009 SCAAP awards are ready for drawdown. If you have any questions, please email the SCAAP Helpdesk at SCAAPO-usdoi.4ov or call 202-353-4411. Congratulations on your SCAAP award. SCAAP Program Team Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection. examination and or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Programs: State Criminal Alien Assistance Program (SCAAP) Page 1 of 1 OFFICE OF JUSTICE PROGRAMS WWW.01P_USD01_G0V O WABUREAU OF JUSTICE ASSISTANCE BJA Programs State Criminal Alien Assistance Program (SCAAP) FY 2009 SCAAP Funds .VEJV BJA is pleased to announce that the FY 2009 State Criminal Alien Assistance Program (SCAAP) awards are complete. 'ro view the FY 2009 SCAAP award amounts, please clicL here.11.1 will a -mail all 2009 SCAAP jurisdictions when the SCAAP awards arc ready for draw -down in the ne,A three weeks. Overview_ BJA administers SCAAP, in conjunction with the Bureau of Immigration and Customs Enforcement and Citizenship and Immigration Services, Department of Homeland Security (1311S). SCAAP provides federal payments to states and localities that incurred correctional officer salary costs for incarcerating undocumented criminal aliens with at least one felony or two misdemeanor convictions for violations of state or local law, and incarcerated for at least 4 consecutive days during the reporting period. Use of SCARP Awards. The Department of Justice Reauthorization Act of 2005 (Pub. L. 109-162, 'rifle Xl) included the following requirement regarding the use of SCAAP funds: "Amounts appropriated pursuant to the authorization of appropriations in paragraph (5) that are distributed to a State or political subdivision of a State, including a municipality, may be used only for correctional purposes." Beginning with FY 2007 SCAAP awards, SCAAP funds must be used for correctional purp— only. FY 2007-2009 SCAAP Use of Funds List Salaries for corrections officers Overtime costs Performance -based bonuses Corrections work force recruitment and retention Construction of corrections facilities Training/education for offenders Training for corrections officers related to offender population management Consultants involved with offender population Medical and mental health services Vehicle rental/purchase for transport of offenders Prison industries Pre-release/reentry programs Technology involving offender management/inter agency information sharing Disaster preparedness continuity of operations for corrections facility Reporting Period The reporting period for the FY 2009 application period is July 1, 2007 through June 30, 2008. Only qualifying inmates who served four or more days during this period may be included in the FY 2009 SCAAP application. Eligible Inmates - Applicant Responsibilities - Unless otherwise prohibited, applicants may submit records of inmates in their custody during the reporting period who: were born outside the United States or one of its territories and had no reported or documented claim to U.S. citizenship; were in the applicants custody for four or more consecutive days during the reporting period; were convicted of a felony or second misdemeanor for violations of state or local law; were identified and reported using due diligence. Qualifying Criminal Charges and Convictions To be eligible for reporting, inmates must have been convicted of a felony or second misdemeanor for violations of state or local law, and housed in the applicants state or local correctional facility for 4 or more consecutive days during the reporting period_ Once a person meets these criteria, all pre-trial and post -conviction time served from July 1, 2007 through June 30, 2008 may be included in the FY 2009 application. http://www.ojp.usdoj .govBJA/grant/scaap.html 10/2/2009 Solicitation Year: 2009 State Criminal Alien Assistance Program State Legal Name 2009 SCAAP Award AK Alaska Department of Corrections $142,741.00 AL County of Coffee $385.00 AL County of Montgomery $6,153.00 AL Marshall County Commission $7,438.50 AL County of DeKalb $18,912.00 AL Alabama Department of Corrections $162,919.00 AR PERRY COUNTY $276.00 AR County of Polk $1,236.00 AR County of Saline $4,126.00 AR County of Hempstead $7,135.00 AR Department of Community Correction $7,425.00 AR County of Pope $9,655.00 AR County of Pulaski $11,173.50 AR County of Sebastian $17.011.00 AR County of Benton $88,285.00 AR County of Washington $181,920.00 AR Arkansas Department of Correction $425,268.00 AZ County of Greenlee $1,402.00 AZ County of Graham $5,737.00 AZ County of Apache $8,875.00 AZ Gila County $19,403.00 AZ Mohave County $24,135.00 AZ Santa Cruz County $49,657.00 AZ County of Navajo $50,457.00 AZ Coconino County $64,977.00 AZ Yuma County $162,766.00 AZ Pinal County $215,025.00 AZ County of Yavapai $239,719.00 AZ COUNTY OF COCHISE $664,261.00 AZ County of Pima $832,379.00 AZ Maricopa County $4,006,872.00 AZ State of Arizona $12,806,731.00 CA County of Mariposa $4,005.00 CA County of Plumas $4,839.00 CA County of Tuolumne $8,760.00 CA GLENN COUNTY $9,112.00 DE State of Delaware $149,391.00 FL County of Washington $1,257.00 FL County of Taylor $1,884.00 FL County of Osceola $3,586.00 FL Putnam County $4,853.00 FL COUNTY OF GILCHRIST $4,971.00 FL County of Madison $5,190.00 FL COUNTY OF GADSDEN $8,077.00 FL County of Levy $8,402.00 FL County of Nassau $8,669.00 FL County of Suwannee $15,528.00 FL County of Sumter $17,509,00 FL City of Jacksonville $29,203.00 FL Charlotte County $33,551.50 FL Marion County Board of County Commissioners $34,461.00 FL County of Clay $34,937.00 FL Hendry County $3$,467,00 FL Polk County Board of County Commissioners $53,466.00 FL Alachua County $54,489.00 FL Okaloosa County BCC $55,841.00 FL County of Hardee $56,038.00 FL Leon County $57,348.00 FL County of Desoto $61,798,00 FL Pasco County $78,008.00 FL Miami Dade County $83,150.00 FL Highlands County $86,030.00 FL County of Okeechobee $94,829.00 FL County of Volusia $96,688.00 FL County of Seminole $123,254.00 FL Lake County $149,035.00 FL county of Indian river $149,656.00 FL County of Manatee $159,784,00 FL County of Brevard $181,421.00 FL County of Lee $243,376.00 FL St. Lucie County $243,460.00 FL County of Sarasota $255,490.00 FL County of Martin $292,312.00 FL Pinellas County $313,584.00 FL Broward County $375,925.00 FL Orange County $405,107.60 FL County of Hillsborough $545,906.00 e TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS St. Lucie County Sheriff's Office ITEM NO. VI-E2 DATE: 10/20/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT ( X ) PRESENTED BY: Toby Long Director of Finance Request for distribution from the Law Enforcement Trust (L.E.T.) Fund in the amount of $123,131.22 for budget year 2009. The monies will be used for complex and protracted investigations, as well as, Crime Prevention and School Resource Deputy expenditures. See Attachment. FUNDS AVAILABLE: PREVIOUS ACTION: None RECOMMENDATION: Staff recommends approval of the Sheriff's budget amendment and transfer of funds in the amount of $123,131.22 COMMISSION ACTION: (Xl APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director Budget Analyst (Name) Originating Dept. ( ) (Name) ERD tjc,nP_ tla.At.(Name) 5cy i b I+ (Name) O (Name) 04criff EN J. MASCARA 100 West Midway Road, Fort Pierce, Florida 34981 0E R IF 5& A '� • Member National Sheriffs' Association Member Florida Sheriffs' Association Telephone: (772) 461-7300 • Fax: (772) 489-5851 CIE CO TO: Board of County Commissioners THROUGH: Sheriff Ken J. Mascara FROM: The St. Lucie County Sheriffs Office DATE: 10/20/09 SUBJECT: Request for distribution from the Law Enforcement Trust (L.E.T.) Fund in the amount of $123,131.22 for budget year 2009. ITEM NO. VI-E2 Background: The monies will be used for complex and protracted investigations, as well as, Crime Prevention and School Resource Deputy expenditures. See Attachment. Previous Action None Recommendation Staff recommends approval of the Sheriff's budget amendment and transfer of funds in the amount of 123,131.22. 1 7 ( _ ] n�oP�r n n�» ��Jl�|�k�i ƒ ' }} # §§a$ \ } \ ' ���kk�%%«■■■ � k & § lEESl�� » v ;_ E !#! l�;.� & In0, 0�! ; 24 i 3�■a•� ! © »�,�;'� ` &2���:�rf - §! © 3.aaa \ #�■o|2;'n��� k ■■6333 ;;22,=.!««7■ ,a�� c 2w:: �� �2a2�,� !; § �|ƒr|222K� } | . , ,. , �} \} \ \ m �ƒ a3CL k ` ( � k k & $ \ \ \ \ \ )\k))a )k�...... \ \ ) k§"k(( cn En § En $� 10 cn \ k= _ (§ �/ ■ 7 : | [ } j k S ° - 0 k 71 COUNT Y F L O R I D A AGENDA REQUEST ITEM NO. VI-E3 DATE: 10/20/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Toby Long SUBMITTED BY: St. Lucie County Sheriff's Office Director of Finance SUBJECT: Budget Amendment for Miscellaneous Income for budget year 2009. BACKGROUND: Annually at this time of year the Sheriff submits a budget amendment to reconcile actual miscellaneous revenues received with budgeted amounts. No additional funds are being requested. FUNDS AVAILABLE: N/A PREVIOUS ACTION: None RECOMMENDATION: Staff recommends approval of the Sheriff's request for a budget amendment to increase the budget for miscellaneous revenues by $70,345. COMMISSION ACTION: (xj APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director 1krA A— oa-+4% Budget Analyst (Name) K�vnw 4 % " -%r-Oa.—.N KC37,-1,7r-4. (),4q A t4ovti 6;wLk(Name) ,561A , a �W}(Name) Originating Dept. ( ) ERD ( ) (Name) (Name) .Q*riff EN J. MASCARA '00 West Midway Road, Fort Pierce, Florida 34981 • TO: Board of County Commissioners THROUGH: Sheriff Ken J. Mascara FROM: The St. Lucie County Sheriff's Office Member National Sheriffs' Association Member Florida Sheriffs' Association Telephone: (772) 461-7300 • Fax: (772) 489-5851 DATE: 10/20/09 SUBJECT: Budget Amendment for Miscellaneous Income for budget year 2009. ITEM NO. VI-E4 Background: Annually at this time of year the Sheriff submits a budget amendment to reconcile actual miscellaneous revenues received with budgeted amounts. No additional funds are being requested. Previous Action None Recommendation Staff recommends approval of the Sheriff's request for a budget amendment to increase the budget for miscellaneous revenues by $70,345. ITEM NO. VI-F1 AGENDA REQUEST DATE: 10/20/09 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Corine C. Williamsb, SUBMITTED BY: Community Services/Transit Division Transit Manager/ SUBJECT: Federal Transit Administration (FTA) Section 5307 FY 2009 Application BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to submit a FTA Section 5307 application in the amount of $1,469,589, approval of Resolution No. 09-299 and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coord i nation/Sia natures CONCURRENCE: Faye W. Outlaw, MPA County Administrator County Attorney ( ) 11b *0 D<rm OMB Director ( ) 4 Daniel S. McIntyre Budget Analyst Marie Gouin /Ic o.&' 4""3 Sophia Holt Originating Dept. Beth Ryder Community Services COUNTY F L O R I D A MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director_ .--I : L FROM: Corine C. Williams, Transit Manager DATE: October 20, 2009 SUBJECT: Federal Transit Administration (FTA) Section 5307 FY 2009 Application ITEM NO. VI-F1 Background: Since FY 1992/93, St. Lucie County has applied annually for Section 5307 grants from the Federal Transit Administration (FTA) to fund operating and capital costs for the contracted transportation provider, Council on Aging of St. Lucie, Inc. The total grant project for FY 2009 is $2,084,073, with $885,105 allocated for capital assistance and $1,288,968 for operating assistance. This grant allows for operating assistance of $614,484 and requires a 50% match that will be funded from various sources. The match of $213,776 for capital expenses will be met with Florida Department of Transportation (FDOT) Toll Revenue Credits which are eligible as local match for Federal funding. The capital funds will be used towards the following: • Purchase of two (2) replacement buses for the fixed route system; • Purchase of a new communications system, including radios; • Preventive and associated capital maintenance of vehicles; • Safety and security equipment including lighting and cameras; and • Bus shelters The operating assistance funds operation of the transit system. Recommendation: Board authorization to submit an FTA Section 5307 application in the amount of $1,469,589, approval of Resolution No. 09-299 and authorization for the Chair to sign documents as approved by the County Attorney. Attachments: FTA FY 2009 Port St. Lucie Urbanized Area (UZA) Allocation Port St. Lucie UZA allocation split letter Resolution No. 09-299 Memorandum 09-320 - A. 7r FEDERAL TRANSIT ADMINISTRATION Page 3 of 12 TABLE 3 REVISED FY 2009 SECTION 5307 AND SECTION 5340 URBANIZED AREA APPORTIONMENTS (Apportionment amount is based on funding made available under MeoOmnibus Appropiaiions Act, 2W9 - P. L 111-8) (Now: In occordary wilt language in 16e SAFETRA-LU continuos report, at urboniad rs 4ppriamenb for Soedon 3307 and Salim 5310 were combined to slww i single rrwtnt. An was s apprbonren entowd indudr, regular Salim 5307 Rndr, Small Transit Intraive L;ee Rndg and Growing Stow and Kgb Density Srwi for-Wo Rues, r I F ,prim) URBANIZED AREAISTATE APPORTIONMENT Harrisburg, PA 5,298,028 Hartford, CT 21,458.392 Honolulu, HI 28,580,124 Huntsville, AL 1,834,563 Indio —Cathedral City —Palm Springs, CA 3,555,944 Jackson, MS 2,603,818 Jacksonville, FL 14,609,146 Knoxville, TN 4,374,002 Lancaster, PA 7,389,777 Lancaster —Palmdale, CA 7,389,152 Lansing, MI 5,391,071 Lexington -Fayette, KY 4,144,993 Lincoln, NE 2,864,313 Little Rock, AR 4,094,470 Louisville, KY —IN 13,327,843 Lubbock, TX 2,944,283 Madison, WI 7,184,534 McAllen, TX 3,551,154 Memphis, TN —MS —AR 13,404,136 Mission Viejo, CA 10,111,508 Mobile, AL 3,078,856 Modesto, CA 4,213,078 Nashville -Davidson, TN 10,574,978 New Haven, CT 19,470,145 Ogden —Layton, LIT 7,305,764 Oklahoma City, OK 7,544,608 Omaha, NE —IA 7,447,840 Oxnard, CA 7,690,640 Palm Bay —Melbourne, FL 4,523,615 Pensacola, FL —AL 3,029,266 Peoria, IL 3,170,703 Port St. Lucie FL 62% SLC = 1 469 589/32% Martin = 900 716 2,370,3051 Poughkeepsie —Newburgh, NY 17,617,938 Provo—Orem, UT 5.424,006 Raleigh, NC 6,845,384 Reading, PA 3,224,093 Reno, NV 5,550,150 Richmond, VA 10,430,107 Rochester, NY 11,680,908 Rockford, IL 2,781,837 Round Lake Beach —McHenry —Grayslake, IL —WI 4,191,428 Salem, OR 3.900,785 Sail Lake City, LIT 23,780,907 Santa Rosa, CA 4.714,234 Sarasota —Bradenton, FL 6,957,751 Savannah, GA 3,387,055 Scranton, PA 4,286,615 Shreveport, LA 3,559,519 South Bend, IN —MI 4,263,006 Spokane, WA —ID 8,002,310 Springfield, MA —CT 13,053.701 Springfield, MO 2,167,017 c_ 1 ST. LUCIE COUNTY BOARD OF COUNTY CONWSSIONERS 2300 VIRGINIA AVENUE • FORT PIERCE, FL 34la2 July 7, 2009 Ms. Maggie Sandberg Program Manager' Federal Transit Administration 61 FoMA Strad SW, Suite 17T50 Adanta, GA 30303-8917 MARTIN COUNTY BOARD OF COUNTY COhGC SIONFRB 2M S.E. NIOKTEREY ROAD a STtJART. FL 34/N REr PORT ST. LUCIE URBANIZED AREA FY' 2009 SECTION SM APPORTIONMENT SFLIT Deer Ms. Sandbag: The purpose of this letter is to provide you concurrence with the FY 2009 FTA Section 5307 Apportionment Split for the Port St. Lucie Urbanized Area between Martin and St. Lucie Counties. The finding allocations are based on the 2009 Federal Register published on April 27, 2009. The following table summwb= the entire FY' 09 allocation: Should you have any questions, please feel free to contact Beth Ryder, St. Lucie County Community Services Director, at (772) 462-1777 or ryde-dQstlucieao_org or Don Donaldson, Martin County Engineering Director, at (772) 288-5927 or Sincerely, Beth Ryda Don Donaldson, P.E. Community Services Director Engineering Director St. Lucie County Martin County RESOLUTION NO. 09-299 A RESOLUTION DESIGNATING THE COMMUNITY SERVICES DIRECTOR AS THE AUTHORIZED STAFF PERSON FOR ST. LUCIE COUNTY TO ELECTRONICALLY FILE THE 49 U.S.C. SECTION 5307 FEDERAL TRANSIT ADMINISTRATION GRANT APPLICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: This Board is authorized to file applications for transit related grants to the Federal Transit Administration and the Florida Department of Transportation. 2. This Board is authorized to provide public transit services for St. Lucie County under State and Federal Law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: This Board hereby authorizes the submission of a 49 U.S. C. Section 5307 Grant Application with the Federal Transit Administration for Federal Fiscal Year 2009. 2. This Board authorizes the Chairman of the Board of County Commissioners to execute the application and any subsequent award agreement on behalf of the Board. 3. This Board further designates the St. Lucie County Community Services Director to electronically execute any and all documents necessary including the application, agreements, assurances, reimbursement invoices, warranties and other documents on behalf of the Board and its Chairman which may be required by the Federal Transit Administration and/or the Florida Department of Transportation. 4. This resolution shall become effective on adoption. After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis XXX Vice Chairman Charles Grande XXX Commissioner Chris Dzadovsky XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this 20th day of October, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney AGENDA REQUEST ITEM NO. VI-F2 DATE: 10/20/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Corine C. Williams SUBMITTED BY: Community Services/Transit Division Transit Manager SUBJECT: Interlocal Agreement with St. Lucie County Transportation Planning Organization for the Federal Transit Administration (FTA) 5316 and 5317 grants. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 130103-4910-331421-400 FTA 5316 Job Access Reverse Commute 130104-4910-331421-400 FTA 5317 New Freedom PREVIOUS ACTION: January 27, 2009 — Approved the submittal of a letter of request to Federal Transit Administration (FTA) to be the Designated Recipient of Job Access and Reverse Commute (JARC) and New Freedom (NF) funds. March 6, 2009 — Approved submission of a letter to FTA for JARC and New Freedom grant funds for Martin and St. Lucie Counties. April 21, 2009 — Authorized advertisement for Request for Qualifications for transit providers under the JARC and New Freedom programs. September 8, 2009 — Accepted JARC and New Freedom grant awards. RECOMMENDATION: Board approval of the Interlocal Agreement with St. Lucie Transportation Planning Organization in the amount of $25,260 to provide planning, technical assistance, development and implementation for grant administration of the FTA Section 5316 JARC grant and Section 5317 NF grant and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED ( ) OTHER Approved 5.0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) O'Y'^ OMB Director ( )tL* Danie S. McIntyre Budget Analyst Marie Gouin N.+fi,C' y""t3 Sophia Holt Originating Dept. ( ) ,'f''--:'� �I TPO Director O Beth Ryder Peter Buchwald Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director , :_- FROM: Corine C. Williams, Transit Manager DATE: October 20, 2009 SUBJECT: Interlocal Agreement with St. Lucie County Transportation Planning Organization for the Federal Transit Administration (FTA) 5316 and 5317 grants. ITEM NO. VI-F2 Background: t. Lucie Transportation Planning Organization (TPO), the St. Lucie County In partnership with the S Board of County Commissioners applied for the Federal Transit Administration (FTA) Section SThe Job Access Reverse Commute (JARC) and Section 5317 New Freedom (NF) grants. assistance of the TPO was critical during the planning and technical assistance process, which allowed the County to secure these funds. Assistance for three grant funding years will be provided in the amount of $25,260. Under the attached agreement, the TPO will provide assistance in the areas of development, implementation for grant administration. Recommendation Board approval of the Interlocal Agreement with St. Lucie Transportation Planning Organization in the amount of $25,260 to provide planning, technical assistance, development and implementation for grant administration of the FTA Section 5316 JARC grant and Section 5317 NF grant and authorization for the Chair to sign documents as approved by the County Attorney. Attachment: Interlocal Agreement Memorandum 09-318 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT made this day of 2009, between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called "County", and the ST. LUCIE TRANSPORTATION PLANNING ORGANIZATION, hereinafter called "TPO". WHEREAS, Section 163.01, Florida Statutes (2009), provides that local government units may cooperate by agreement to provide necessary and essential public services, and WHEREAS, the County has been designated by the Governor of the State of Florida as a Designated Recipient to receive Federal Transit Administration (FTA) Job Access and Reverse Commute (JARC) and New Freedom (NF) Program funds; and WHEREAS, metropolitan planning organizations are cited by FTA as agencies capable of administering the competitive selection process for JARC/New Freedom program funds; and WHEREAS, the TPO established the JARC/NF competitive selection process on behalf of the County to assist with the planning and technical assistance required to obtain JARC/NF funds; and WHEREAS, the JARC/NF competitive selection process occurs on an annual basis or as deemed necessary; and WHEREAS, the roles and responsibilities of St. Lucie County and the St. Lucie TPO are set forth in the St. Lucie County JARC/ NF Program Management Plan, incorporated herein by reference; and WHEREAS, the St. Lucie County JARC/ NF Program Management Plan has been endorsed by the St. Lucie Local Coordinating Board for the Transportation Disadvantaged (LCB) and FTA; and WHEREAS, as set forth in the St. Lucie County JARC/ NF Program Management Plan, the TPO, in partnership with the County staff, is responsible for coordinating the JARC/NF competitive selection process on an ongoing basis; and WHEREAS, as set forth in the St. Lucie County JARC/ NF Program Management Plan, the County is responsible for administering JARC/NF grants awarded to sub -recipients; and WHEREAS, the FTA allows the Designated Recipient to use up to ten (10%) percent of the JARC/NF yearly apportionment of funding for administration, planning, and technical assistance which is funded at one hundred (100%) percent with no local match required; and WHEREAS, Fiscal Years 2007 — 2009 JARC/NF funds have been allocated to the County in the amount of $452,702; and WHEREAS, the County has applied for ten (10 %) percent of the JARC/NF FY 2007 — 2009 funds to cover administration, planning, and technical assistance in the amount of $50,521. NOW, THEREFORE, IN CONSIDERATION of their mutual covenants and promises, the parties agree as follows: 1. GENERAL This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. 2. COUNTY RESPONSIBILITIES Within thirty (30) days of the date of this Agreement, the County shall disburse funds in the amount of twenty-five thousand two hundred sixty and 00/100 dollars ($25,260.00) from the Fiscal Years 2007-2009 JARC/New Freedom administration, planning and technical assistance funds to the TPO in accordance with the St. Lucie County JARC/NF Program Plan. 3. TPO RESPONSIBILITIES The TPO shall use the funds disbursed hereunder for administration, planning and technical activities in accordance with the St. Lucie County JARCINF Program Plan. 4. TERM The term of this agreement shall begin on the date of this Agreement and shall continue until the St. Lucie County JARC/NF Program Plan is completed or until terminated by either party as set forth in Paragraph 6. 5. INDEMNITY Subject to the provisions of Section 768.28, Florida Statutes (2009), the County agrees to indemnify and hold the TPO harmless from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of this Agreement and caused by the negligent or wrongful act or omission of any employee of the County while acting within the scope of his office or employment under circumstances in which the County, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. Subject to the provisions of Section 768.28, Florida Statutes (2009), the TPO agrees to indemnify and hold the County harmless from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of this Agreement and caused by the negligent or wrongful act or omission of the TPO or any employee of the TPO while acting within the scope of his office or employment under circumstances in which the TPO, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. 6. TERMINATION Either party may cancel and terminate this Agreement with or without cause upon thirty (30) days written notice to the other parties. In the event of such termination, the TPO shall reimburse the County for funds disbursed hereunder but not expended as herein prescribed. 7. WHOLE AGREEMENT This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 8. AMENDMENTS The Agreement may only be amended by a written document signed by both parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 9. NOTICES 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: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 If to TPO: Executive Director St. Lucie Transportation Planning Organization 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce. Florida 34982 10. FILING This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman DATE: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ATTEST: ST. LUCIE COUNTY TRANSPORTATION PLANNING ORGANIZATION BY: Secretary DATE: Chairman ITEM NO. VI-F3 AGENDA REQUEST DATE: 10/20/2009 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Corine C. William SUBMITTED BY: Community Services/Transit Division Transit Manage SUBJECT: Federal Transit Administration (FTA) 5309 FY 2009 application BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to apply for a FTA Section 5309 grant in the amount of $225,720, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Sia natures County Attorney ( ) a-•h OMB Director Da?riel S. McIntyre Budget Analyst Originating Dept. ( ) Beth Ryder Marie Gouin Sophia Holt Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director 64 20c'- FROM: Corine C. Williams, Transit Manage As", DATE: October 20, 2009 SUBJECT: Federal Transit Administration (FTA) 5309 FY 2009 application ITEM NO. VI-F3 Backaround: In the past, St. Lucie County has submitted legislative requests for FTA Section 5309 Earmarks. The funds requested were for the purchase of vehicles for replacement and expansion of fixed transit routes, demand response services and construction of a transit fleet maintenance facility on Selvitz Road. Vehicles will be ordered on an as needed basis, as the availability of operations funds permit. Since 2005, the FTA 5309 Earmark allocations for St Lucie County have exceeded $1,700,000, which funded the purchase of vehicles and associated capital maintenance. While the funding for the construction of the transit maintenance facility was requested, there was no allocation identified for that project. For FY 2009 FTA has allocated $225,720 for the purchase of buses and associated capital maintenance costs. The local match will be satisfied with Florida Department of Transportation (FDOT) Toll Revenue Credits in the amount of $56,430. Recommendation Board authorization to apply for a FTA Section 5309 grant in the amount of $225,720, and authorization for the Chair to sign documents as approved by the County Attorney. Attachment: Grant Cover Sheet Memorandum 09-319 qW �41 View Print Page I of 7 DOT a U.S. Department of Transportation Application FTA Federal Transit Administration Recipient ID: 1024 Recipient Name: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Project ID: FL-04-0093 Budget Number. 1 - Budget Pending Approval Project Information: Purchase Expansion Bus Part 1: Recipient Information Project Number: FL-04-0093 Recipient ID: 1024 Recipient Name: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Address: Community Services 2300 Virginia Avenue, FT. PIERCE, FL 34982 0000 Telephone: (772) 462-1777 Facsimile: (772) 462-1703 Union Information Recipient ID: 1024 Union Name: NONE Address 1: N/A Address 2: City: N/A, 00000 0000 Contact Name: N/A N/A Telephone: Facsimile: E-mail: Website: Part 2: Project Information Project Type: Grant Gross Project $225,720 Cost: https://ftateamweb.fta.dot.gov/teamweb/ApplicationsNiewPrint/V iewPrintRes. asp?GUID... 7/24/2009 CouNTY F L Q R 1 D A IL AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Library SUBJECT: State Aid to Libraries Grant BACKGROUND: See attached memorandum. ITEM NO. VI-G DATE: 10/20/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Susan B. Kilmer Library Director FUNDS AVAILABLE: 105-7115 Library Special Account — State Aid to Libraries PREVIOUS ACTION: The Board of County Commissioners has approved this grant application for the past 31 years. RECOMMENDATION: Board authorization for the Chair to sign the application for State Aid to Libraries Grant application. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( x) OMB Director (x ) f ` Budget Analyst Dan McIntyre Marie Couin Patty Marston-Duva Originating Dept. (x)��,'�`����t� Other ( ) Susan B. Kilmer Cou NTY F L 0 R 1 D A MEMORANDUM ST. LUCIE COUNTY LIBRARY TO: Board of County Commissioners FROM: Susan Kilmer, Library Director X<� DATE: October 20, 2009 SUBJECT: State Aid to Libraries Grant Application — FY09/10 ITEM NO. VI - G Background: St. Lucie County has been a recipient of State Aid to Library grant funding since 1978. State Aid funds are made available through the Department of State/State Library of Florida for all county -owned public libraries and numerous municipal libraries throughout the state. The funds are only allowed to be used for operating expenses within the library. The monies received are based on the total dollars spent locally during FY07/08 for the operation and maintenance of the library as outlined in Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries grant program. The estimated State Aid funds for FY09/ 10 are $186,145. These funds have been projected in the Library's State Aid budget (105-7115) and have been through the budget review process. These funds continue to be used for funding of the St. Lucie West Library for books, subscriptions, audiovisual materials and other operating supplies for the library department. Recommendation: Board authorization for the Chair to sign the application for the State Aid to Libraries grant application. Florida Department of State, Division of Library and Information Services STATE AID TO LIBRARIES GRANT AGREEMENT The Applicant (Grantee) Governing body for (Name of library governing body) (Name of library) hereby makes application and certifies eligibility for receipt of grants authorized under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. The Grantee agrees to: a. Expend all grant funds awarded and perform all acts in connection with this agreement in full compliance with the terms and conditions of Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Funds will not be used for lobbying the Legislature, the judicial branch, or any state agency. b. Provide the Division of Library and Information Services (DIVISION) with statistical, narrative, financial, and other reports as requested. c. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this agreement. d. Retain all records for a period of 5 years from the date of submission of the final project report. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the 5 year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5 year period, whichever is later. e. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such grantee, the Grantee 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 Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, 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. Paae 1 of 5 State Aid to Libraries Grant Agreement Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx Library Name: St. Lucie County Library 1B Certification of Local Operating Appropriations for New Libraries (Complete this section only if the applicant is a newly established public library in the first two years of operation.) We hereby certify that the following total funds from local sources are appropriated to be expended centrally during the fiscal year beginning October 1, 2008 and ending September 30, 2009 for the operation and maintenance of a library under the provisions outlined in Chapter 257.14 - 257.25, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. We further certify that the amount listed below does not include funds received from the federal government; funds received from state government; or funds used for purchase or construction of a library building or library quarters. Such funds are not eligible to be used as local match for State Aid applications under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Total local funds appropriated to be expended centrally by the library for the operation and maintenance of a library between October 1, 2009 and September 30, 2010. $ 4,021,563 SIGNATURES: Library Finance Manager Shai Francis Typed Name d Date SiKgle Library Adrninistrative Head Susan B. Kilmer Typed Name September 30, 2009 Date State Aid to Libraries Grant Application, Form #DLIS/SA01 page 2 of 3 Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx Florida Department of State, Division of Library and Information Services STATE AID TO LIBRARIES GRANT AGREEMENT The Applicant (Grantee) Governing body for (Name of library governing body) (Name of library) hereby makes application and certifies eligibility for receipt of grants authorized under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. I. The Grantee agrees to: a. Expend all grant funds awarded and perform all acts in connection with this agreement in full compliance with the terms and conditions of Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Funds will not be used for lobbying the Legislature, the judicial branch, or any state agency. b. Provide the Division of Library and Information Services (DIVISION) with statistical, narrative, financial, and other reports as requested. c. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this agreement. d. Retain all records for a period of 5 years from the date of submission of the final project report. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the 5 year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5 year period, whichever is later. e. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such grantee, the Grantee 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 Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, 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. State Aid to Libraries Grant Agreement Page 1 of 5 Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx In connection with the audit requirements addressed in part e., paragraph 1, the Grantee shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the Grantee expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the grantee expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the grantee's resources obtained from other than State entities). Information related to the requirements of Section 215.97, Florida Statutes, (the Florida Single Audit Act) and related documents may be found at https://apps.fldfs.com/fsaa/. Copies of financial reporting packages required by this agreement shall be submitted by or on behalf of the Grantee directly to each of the following: A. The Department of State at the following addresses: Office of Inspector General Florida Department of State Clifton Building, Suite 320 2661 Executive Center Circle Tallahassee, FL 32399-0250 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 f. Identify an individual or position with the authority to make minor modifications to the application, if necessary, prior to execution of the agreement. II. The DIVISION agrees to: a. Provide a grant in accordance with the terms of this agreement in consideration of the Grantee's performance hereinunder, and contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this agreement is dependent are withdrawn, this agreement is terminated and the DIVISION has no further liability to the Grantee beyond that already incurred by Page 2 of 5 State Aid to Libraries Grant Agreement Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx the termination date. In the event of a state revenue shortfall, grants shall be reduced in accordance with Section 257.195, Florida Statutes. b. Notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program. c. Distribute grant funds in two payments. The first payment will be requested by the DIVISION from the Chief Financial Officer upon execution of the agreement. The remaining payment will be made by June 30. Ill. The Grantee and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation, or agreements either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. If any matter arising out of this Contract becomes the subject of litigation, venue shall be in Leon County. d. No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such right, power, or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. e. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes. f. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable to pay attorney fees, interest, or cost of collection. g. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants, or employees; nor shall the Grantee exclude liability for its own acts, omissions to act, or negligence to the DIVISION. In addition, the Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee. h. The Grantee, other than a Grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited Page 3 of 5 State Aid to Libraries Grant Agreement Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx to personal injury, death, or damage to property, arising out of any activities performed under this agreement and shall investigate all claims at its own expense. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship. j. The Grantee, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the DIVISION. Under this agreement, Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment in the State Career Service. Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. k. The Grantee shall not assign, sublicense, nor otherwise transfer its rights, duties, or obligations under this agreement without the prior written consent of the DIVISION, whose consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the DIVISION approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties, or obligations of the Department to another governmental entity pursuant to Section 20.60, Florida Statutes, or otherwise, the rights, duties, and obligations under this agreement shall also be transferred to the successor government entity as if it were an original party to the agreement. I. This agreement shall bind the successors, assigns, and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the DIVISION. m. This agreement shall be terminated by the DIVISION because of failure of the Grantee to fulfill its obligations under the agreement in a timely and satisfactory manner unless the Grantee demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by Grantee shall be determined by the DIVISION, based on the terms and conditions imposed on the Grantee in paragraphs I and III of this agreement and guidelines for the State Aid to Libraries Grant Program. The DIVISION shall provide Grantee a written notice of default letter. Grantee shall have 15 calendar days to cure the default. If the default is not cured by Grantee within the stated period, the DIVISION shall terminate this agreement, unless the Grantee demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause" is defined as circumstances beyond the Grantee's control. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this agreement, the Grantee will be Page 4 of 5 State Aid to Libraries Grant Agreement Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx compensated for any work satisfactorily completed prior to notification of termination. Unless there is a change of address, any notice required by this agreement shall be delivered to the Division of Library and Information Services, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the State and, for the Grantee, to its single library administrative unit. In the event of a change of address, it is the obligation of the moving party to notify the other party in writing of the change of address. IV. The term of this agreement will commence on the date of execution of the grant agreement. THE APPLICANT/GRANTEE Chair of Governing Body or Chief Executive Officer Typed Name Date Clerk or Chief Financial Officer Typed Name and Title of Official Date THE DIVISION Florida Department of State Division of Library and Information Services Typed Name Date Division Witness Date State Aid to Libraries Grant Agreement Page 5 of 5 Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx Florida Department of State, Division of Library and Information Services STATE AID TO LIBRARIES GRANT AGREEMENT The Applicant (Grantee) Governing body for (Name of library governing body) (Name of library) hereby makes application and certifies eligibility for receipt of grants authorized under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. I. The Grantee agrees to: a. Expend all grant funds awarded and perform all acts in connection with this agreement in full compliance with the terms and conditions of Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Funds will not be used for lobbying the Legislature, the judicial branch, or any state agency. b. Provide the Division of Library and Information Services (DIVISION) with statistical, narrative, financial, and other reports as requested. c. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this agreement. d. Retain all records for a period of 5 years from the date of submission of the final project report. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the 5 year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5 year period, whichever is later. e. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such grantee, the Grantee 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 Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, 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. Page 1 of 5 State Aid to Libraries Grant Agreement Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx In connection with the audit requirements addressed in part e., paragraph 1, the Grantee shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. If the Grantee expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the grantee expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the grantee's resources obtained from other than State entities). Information related to the requirements of Section 215.97, Florida Statutes, (the Florida Single Audit Act) and related documents may be found at hftps:Happs.fldfs.com/fsaa/. Copies of financial reporting packages required by this agreement shall be submitted by or on behalf of the Grantee directly to each of the following: A. The Department of State at the following addresses: Office of Inspector General Florida Department of State Clifton Building, Suite 320 2661 Executive Center Circle Tallahassee, FL 32399-0250 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 f. Identify an individual or position with the authority to make minor modifications to the application, if necessary, prior to execution of the agreement. II. The DIVISION agrees to: a. Provide a grant in accordance with the terms of this agreement in consideration of the Grantee's performance hereinunder, and contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this agreement is dependent are withdrawn, this agreement is terminated and the DIVISION has no further liability to the Grantee beyond that already incurred by State Aid to Libraries Grant Agreement Page 2 of 5 Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx the termination date. In the event of a state revenue shortfall, grants shall be reduced in accordance with Section 257.195, Florida Statutes. b. Notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program. c. Distribute grant funds in two payments. The first payment will be requested by the DIVISION from the Chief Financial Officer upon execution of the agreement. The remaining payment will be made by June 30. III. The Grantee and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation, or agreements either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. If any matter arising out of this Contract becomes the subject of litigation, venue shall be in Leon County. d. No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such right, power, or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. e. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes. f. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable to pay attorney fees, interest, or cost of collection. g. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants, or employees; nor shall the Grantee exclude liability for its own acts, omissions to act, or negligence to the DIVISION. In addition, the Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee. h. The Grantee, other than a Grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited Page 3 of 5 State Aid to Libraries Grant Agreement Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx to personal injury, death, or damage to property, arising out of any activities performed under this agreement and shall investigate all claims at its own expense. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship. The Grantee, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the DIVISION. Under this agreement, Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment in the State Career Service. Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. k. The Grantee shall not assign, sublicense, nor otherwise transfer its rights, duties, or obligations under this agreement without the prior written consent of the DIVISION, whose consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the DIVISION approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties, or obligations of the Department to another governmental entity pursuant to Section 20.60, Florida Statutes, or otherwise, the rights, duties, and obligations under this agreement shall also be transferred to the successor government entity as if it were an original party to the agreement. I. This agreement shall bind the successors, assigns, and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the DIVISION. m. This agreement shall be terminated by the DIVISION because of failure of the Grantee to fulfill its obligations under the agreement in a timely and satisfactory manner unless the Grantee demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by Grantee shall be determined by the DIVISION, based on the terms and conditions imposed on the Grantee in paragraphs I and III of this agreement and guidelines for the State Aid to Libraries Grant Program. The DIVISION shall provide Grantee a written notice of default letter. Grantee shall have 15 calendar days to cure the default. If the default is not cured by Grantee within the stated period, the DIVISION shall terminate this agreement, unless the Grantee demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause" is defined as circumstances beyond the Grantee's control. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this agreement, the Grantee will be State Aid to Libraries Grant Agreement Page 4 of 5 Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx compensated for any work satisfactorily completed prior to notification of termination. n. Unless there is a change of address, any notice required by this agreement shall be delivered to the Division of Library and Information Services, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the State and, for the Grantee, to its single library administrative unit. In the event of a change of address, it is the obligation of the moving party to notify the other party in writing of the change of address. IV. The term of this agreement will commence on the date of execution of the grant agreement. THE APPLICANT/GRANTEE Chair of Governing Body or Chief Executive Officer Typed Name Date Clerk or Chief Financial Officer Typed Name and Title of Official Date THE DIVISION Florida Department of State Division of Library and Information Services Typed Name Date Division Witness Date Page 5 of 5 State Aid to Libraries Grant Agreement Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES FY2009-2010 STATE AID TO LIBRARIES GRANT APPLICATION Form DLIS/SA01 Submit by October 1, 2009 (postmark) Check One: x Single County Library Municipal Library County Participating in a Multicounty Library The St. Lucie County Board of County Commission (Name of library governing body) governing body for the St. Lucie County Library (Name of county or municipal library) Complete either Section 1A or 1 B as applicable. 1A Certification of Local Operating Expenditures We hereby certify that the following total funds from local sources were expended centrally during the fiscal year beginning October 1, 2007 and ending September 30, 2008 for the operation and maintenance of a library under the provisions outlined in Chapter 257.14 - 257.25, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. We further certify that the amount listed below does not include funds received from the federal government; funds received from state government; or funds used for purchase or construction of a library building or library quarters. Such funds are not eligible to be used as local match for State Aid applications under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Total local funds expended centrally by the library for the operation and maintenance of a library between October 1, 2007 and September 30, 2008. $ 4,994,118 State Aid to Libraries Grant Application, Form #DLIS/SA01 Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx page 1 of 3 Library Name: St. Lucie County Library 113 Certification of Local Operating Appropriations for New Libraries (Complete this section only if the applicant is a newly established public library in the first two years of operation.) We hereby certify that the following total funds from local sources are appropriated to be expended centrally during the fiscal year beginning October 1, 2008 and ending September 30, 2009 for the operation and maintenance of a library under the provisions outlined in Chapter 257.14 - 257.25, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. We further certify that the amount listed below does not include funds received from the federal government; funds received from state government; or funds used for purchase or construction of a library building or library quarters. Such funds are not eligible to be used as local match for State Aid applications under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Total local funds appropriated to be expended centrally by the library for the operation and maintenance of a library between October 1, 2009 and September 30, 2010. $ 4,021,563 SIGNATURES: Library Finance Manager Shai Francis Typed Name d Date l 'I 'X) Sirfgle Library Ad inistrative Head. Susan B. Kilmer Typed Name September 30, 2009 Date State Aid to Libraries Grant Application, Form #DLIS/SA01 page 2 of 3 Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx FLCRILI_k LFEPAR711FENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES EXPENDITURE OR APPROPRIATION REPORT Form DLIS/SA01 Library Name: St. Lucie County Check Applicable x Expenditure Report -October 1, 2007 -September 30, 2008 Appropriation Report - October 1, 2009 - September 30, 2010 (Provide appropriation only if the applicant is a newly established public library in the first two years of operation.) EXPENDITURE/ FUNDING OR REVENUE SOURCES: TOTAL APPROPRIATION CATEGORY LOCAL STATE FEDERAL OTHER 10 Personnel Services $3,784,120 0 0 0 $3,784,120 30 Operating Expenses 676,997 130,286 0 0 807,283 60 Capital Outlay (Non -Fixed) 523,253 49,503 0 17,310 590,066 Other 9,748 0 0 0 9,748 Total for the operation & $4,994,118 179,789 0 17,310 $5,191,217 maintenance of the library (Record this amount on page 1) 60 Capital Outlay j� (Fixed, including 0 0 0 0 0 purchase or construction of a library building or quarters) State Aid to Libraries Grant Application, Form #DLIS/SA01 page 3 of 3 Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx i TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Administration/Tourism ITEM NO. VI-H1 DATE: 10/20/09 REGULAR ( 1 PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT If X 1 PRESENTED BY: Charlotte Lombard Tourism Development Manager Tourist Development Council Capital Grants Program See attached memorandum. FUNDS AVAILABLE: 362-5210-581000-500 PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Tourist Development Council Capital Grants Program implementation and application, per the attached memorandum. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures 1 County Attorney ( )� OMB Director ( ) Budget Analyst Daniel McIntyre Originating Dept. ( ) (Name) ERD ( ) Marig Gouin Patty Marston (Name) E Administration/Tourism MEMORANDUM TO: Board of County Commissioners THROUGH: Faye Outlaw, County Administrator FROM: Charlotte Lombard Tourism DATE: October 20, 2009 SUBJECT: Tourist Development Council Capital Grants Program ITEM NO. VI-H1 Background: This item was previously pulled from the October 6, 2009 Board agenda. 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 1-19.3-310). 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: Protect Eligibility Requirements: Legal requirements as set forth in Florida Statute 125.0104 and County Ordinance 1-19.3-310) • 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 implementation and application. Commissioners: Lewis, Dzadovsky, Craft, Coward and Grande; Enclosed are my comments regarding TDC funding of modifications to the current administration building at the airport and the TDC Grant Application program. These issues are on tonight's agenda and 1 respectfully request that they be pulled for separate discussion and vote. I would like to speak to the issues at the time however I can do it under Comments from the public. Sincerely, Craig Mundt yG 5 - -Z "I Comments on change to the Tourist Development Council Capital Grant Program Application: 1. Why limit any bold and exciting idea to promote St. Lucie county tourism. If you can't meet the outlined criteria you won't even be considered. Stifles creativity and enthusiasm for potential projects. Why shut projects out. Open the process. 2. An organization may not have the 10% down payment for a requested grant amount at the time of application due to having spent a considerable amount on a recent program or upgrade which has already enhanced county tourism, i.e. the National Navy UDT-SEAL Museum is spending its current capital expansion funds on the SEAL memorial. 3. Reaching a goal of 50% of the matching fund amount within six months may be an unreasonable time frame for major projects when $100,000's of dollars need to be raised. Few organizations within the county have that capability shy of United Way whose effort is massive. 4. Why are county projects moved ahead and funded without meeting the same criteria as non -profits. The county has far more financial resources available and staff to search for funding than the typical non-profit. Leave the TDC funds available to organizations not capable of receiving that type of support. S. A project may be worthy, however in the concept phase, and unable to submit the requested architectural design and engineering plans. Funding this phase may permit a project to garner additional support and completion funds. 6. Why not fund a project in its entirety that materially contributes to county tourism? Eliminate match requirement. The county needs destinations. Submitted by Craig Mundt October 20, 2009 Why not to spend Tourism Development Tax dollars for an airport terminal now: 1. State statute: (S) AUTHORIZED USES OF REVENUE. (a) All tax revenues received pursuant to this section by a county imposing the tourism development tax shall be used by that county for the following purposes only: 1. To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or promote one or more publically owned and operated convention centers, sports stadiums, sports arena, coliseums, or auditoriums, or museums that are publicly owned and operated or owned and operated by not -for -profit organizations and open to the public,... 2. To promote and advertise tourism in the State of Florida and nationally and internationally: however, if tax revenues are expended for an activity, service, venue, or event, the activity, service, venue or event shall have as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity, service, venue or event to tourists. (See Ms. Mackenzie -Smith memo to TDC October 14, 2009; "... the Council must determine that the proposed improvements to the terminal would promote and advertise tourism activity and that the terminal (venue) shall have as one of its main purposes the attraction of tourists.") Venue as defined in Webster's Dictionary Fourth Edition, "Venue -1. Law, county locality where a crime is committed, jury drawn, case tried... substitution of another place of trial" (etc). "2. The scene or locale of a large gathering, as for a sports event or rock concert..." A terminal as a venue for an event may be a stretch. 2. The County Ordinance 03-12 passed January 28, 2003 for allocation of .33 percent of 1% of the tourist development tax revenue from the third additional one (1%) percent tax shall only be allocated for capital facilities that promote tourism located in the St. Lucie County Fairgrounds and the area north of Midway Road. Did you ever go to a tourist destination because of the airport facility? 3. The Minutes of the BOCC meeting which passed 03-12 quotes Comm Barnes, "He would like to create attractions to the community that our citizens and tourists could enjoy." There was discussion to open the funds to other uses of tourism promotion but both Comm's Hutchinson and Bruhn stated they would vote against the ordinance if the language was changed. I believe the guidance of the the BOCC is clear. "Attraction" implies the exertion of a force to draw a person or thing and connotes susceptibility in the thing drawn. 4. St. Lucie County Comprehensive Plan January 2004 page 2-14, "There are no plans of the county to expand the airport beyond those of a "General Aviation" airport." There has been some discussion since 2007 regarding limited commercial service but no clear direction given. NPIAS, National Plan of Integrated Airport System, gives FPR the lowest of four rankings, General Aviation through 2013 S. There is no indication in writing of interest by a certificated air carrier. There is no proven demand for limited or commercial service at the airport and such demand should be shown before the Federal Aviation Administration and Florida Department of transportation will begin the process of Certifying the airport to FAR 139 standards which are required to have commercial operations. The required upgrades and the application can be a lengthy process. I asked LPA Group, the SLC airport consultants, at the Airport advisory committee meeting last Thursday night what upgrades, costs and timing would be required to receive FAR 139 certification. They said they would get the upgrade requirements and timing but could not be sure about costs. I said we could then get some estimates for planning purposes. They said they would have that information Friday or Monday. Speaking with Tricia Fantinato, she said they were told by the Airport Director to stop providing that data and my questions were to be routed through the SLC County Attorney's office. I received an email from Ms. Mackenzie -Smith, "The Airport has advised that they have no current documents for these questions." 6. The discussion about limited or commercial service has not yet had full discussion with the neighbors however Bill Thiess, Mayor of St. Lucie Village, said he would get back to the committee. 7. The Airport Master Plan is still under discussion and will not be complete until next spring. Would it make sense to have an approved plan in hand prior to a commitment to remodeling the administration building? 8. Spending TDC dollars at the airport and reducing the available $502,000 may reduce the ability of the worthwhile organizations to be able to achieve other significant tourism goals. 9. 1 haven't seen an explanation how this will promote tourism. This is a refurbishment of administrative offices and some terminal capability. 10. Customs hours are limited at FPR as we are a "Landing Rights Field" and not an official port of entry. Aircraft must taxi onto the customs ramp, passengers and baggage cleared and then move on to other ramp areas. What coordination is being planned? 11. There are numerous alternative funding sources available to the airport as we have spent 10's of millions over the past several years, $15.3 million on the last runway alone. Find another source and leave the bed tax dollars alone. 12. The north county TDC fund builds at $120,000 current to $180,000 annually therefore monies not given now could be available again in the near future when the airport plan is done and they are ready. 13. Why are the non -profits held to a more rigorous standard of application for TDC funding than the county? The airport request was oral and without backup. 14. Phil Jefco stated at the TDC meeting getting a certificated air carrier at the airport could be an 18 month process and as far as the Bahamas Connection it would need FAA and FDOT approvals and they have "not yet bought in." 15. The Airport Master Plan Guide anticipates larger Customs and Border Service facilities constructed on the airport property to replace its aging facility. Shouldn't this be planned and combined if there is to be a new terminal? END Submitted by Craig Mundt October 20, 2009 I 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: 5. Title: 6. Project Title and Brief Description of Project: 7. Area of Project Impact: E-mail: Phone: 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). 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 (i.e. fishing/boating/diving, arts/culture, sports tourism, ecotourism) 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 IMP C6U NTY � AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Administration SUBJECT: Contractors Certification Board BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. ITEM NO. VI-1-12 DATE: 10/20/09 REGULAR (X) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( ) PRESENTED BY: Faye W. Outlaw, MPA County Administrator RECOMMENDATION: Board reappointment of Doug Davis to the Contractors Certification Board for the term of July 2009 through July 2013. COMMISSION ACTION: (�) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney (X) Originating Dept. (X) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst (X) Daniel McIntyre Marie Gouin Robert O'Sullivan Purchasing (X) Faye W. Outlaw, Melissa Simberlund MPA Administration COO NTT F L 0 R 1 Dv=A - MEMORANDUM TO: Board of County Commissioners FROM: Faye W. Outlaw, MPA, County Administ DATE: October 27, 2009 SUBJECT: Contractors Certification Board ITEM NO. VI-H2 Background: Doug Davis is the General Contractor Representative on the Contractors Certification Board. His second term expired July 26, 2009 and he would like to be reappointed. There are no applications on file to fill this position; therefore, staff is asking that the Board reappoint Mr. Davis. Previous Action: Mr. Davis was reappointed to the Contractors Certification Board on July 26, 2005. Recommendation: Board reappointment of Doug Davis to the Contractors Certification Board for the term of July 2009 through July 2013. •V 1 COU NT _ - .I.• �E� 1..» E L O R I �D A- AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Administration SUBJECT: Contractors Certification Board BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. ITEM NO. VI-H3 DATE: 10/20/09 REGULAR (X) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( ) PRESENTED BY: Faye W. Outlaw, MPA County Administrator RECOMMENDATION: Board reappointment of Fred Rohrbough to the Contractors Certification Board for the term of July 2009 through July 2013. COMMISSION ACTION: APPROVED ( ) ( ) OTHER Approved 5-0 County Attorney (X) Originating Dept. (X) DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst (X) Daniel McIntyre Faye W. Outlaw, MPA Purchasing (X) Marie Gouin Robert O'Sullivan Melissa Simberlund IMF COUNTY__:_ F L..0 RAb --A TO: Board of County Commissioners Administration MEMORANDUM FROM: Faye W. Outlaw, MPA, County Administr DATE: October 27, 2009 SUBJECT: Contractors Certification Board ITEM NO. VI-H3 Background: Mr. Fred Rohrbough is the Plumbing Contractor Representative on the Contractors Certification Board. His fourth term expired July 26, 2009 and he would like to be reappointed. There are no applications on file to fill this position; therefore, staff is asking that the Board reappoint Mr. Rohrbough. Previous Action: Mr. Rohrbough was reappointed to the Contractors Certification Board on July 26, 2005. Recommendation: Board reappointment of Fred Rohrbough to the Contractors Certification Board for the term of July 2009 through July 2013. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Administration SUBJECT: Contractors Certification Board BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. ITEM NO. DATE: REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT PRESENTED BY: Faye W. Outlaw, MPA County Administrator VI-H4 10/20/09 (X) RECOMMENDATION: Board reappointment of John Langel to the Contractors Certification Board for the term of July 2009 through July 2013. COMMISSION ACTION: CONCURRENCE: (� APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator County Attorney (X) Coordination/Signatures OMB Director Budget Analyst Daniel McIntyre (X) Originating Dept. (X) Purchasing (X) Faye W. Outlaw, MPA Marie Gouin Robert O'Sullivan Melissa Simberlund Administration Ct�CiNT-Y` . -ti MEMORANDUTT TO: Board of County Commissioners FROM: Faye W. Outlaw, MPA, County Administr DATE: October 27, 2009 SUBJECT: Contractors Certification Board ITEM NO. VI-H4 Background: Mr. John Langel is the Air Conditioning/Mechanical Contractor Representative on the Contractors Certification Board. His fourth term expired July 26, 2009 and he would like to be reappointed. There are no applications on file to fill this position; therefore, staff is asking that the Board reappoint Mr. Langel. Previous Action: Mr. Langel was reappointed to the Contractors Certification Board on July 26, 2005. Recommendation: Board reappointment of John Langel to the Contractors Certification Board for the term of July 2009 through July 2013. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Office of Management & Budget/Purchasing ITEM, N ,. J11-11 DATE: 10/20/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Marie M. Gouin j, Director Iil_f� SUBJECT: Bid No. 09-068, Golf Cart Lease BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 418-7260-544300-700 Vehicle Rental/Lease PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to award Bid No. 09-068, Golf Cart Lease, to Club Car, Inc. of Orlando, Florida, in the amount of $71.04 per cart, per month and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( X) Purchasing CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Budget Analyst ( X) y -' Dan McIntyre TaWonna Johnson (X) '� Parks & Recreation X� Desiree Cimino Debra Brisson 40. It 61 Office of Management _ & Budget/Purchasing i - - MEMORANDUM TO: Board of County Commissione s FROM: Marie M. Gouin, Director DATE: October 20, 2009 SUBJECT: Bid No. 09-068, Golf Cart Lease ITEM NO. VI-11 Backaround: On September 16, 2009, submittals to Bid No. 09-068 for golf cart lease for Fairwinds Golf Course were opened. Two submittals were received; 49 companies were notified and five documents were distributed. The second submittal was deemed non -responsive due to submitting a proposal that contained end of lease balloon payment of $1,450.00 per cart. The lease specifications in the bid package specified that the term of lease shall be for three years and no purchase option is required. Bid No. 09-068 was bid in accordance with Local Preference Ordinance 09-005. The purpose of this bid is for the lease of 80 electric golf carts for the Fairwinds Golf Course and the buyout of the current golf cart lease. The awarded bidder will make the final payment of $100,000.00 to Citicapital satisfying the current lease payment and take possession of the current fleet of 80 golf carts. The contract term for this bid will be from November 1, 2009 through November 1, 2012. Recommendation: Board approval to award Bid No. 09-068, Golf Cart Lease, to Club Car, Inc. of Orlando, Florida, in the amount of $71.04 per cart, per month and authorization for the Chair to sign documents as approved by the County Attorney. 2 z 0 2 B2 02 uo \CO 0 u ow �$ 00 m$ � /k oR 0 \ -i � « U 0 0 \ � � $ z @ z o \ ƒ § 2 k � <0 «LL ) 0 ( x x x x x x x x x x x x x x x40 \ - - � �- w ) c; \ z = -i \ LLw° rIL (A LL LL k kw z\o g itF �LuLu Uj $D 3 CLW% <� LU )0 » � v� a n° z IL #�z k w § c =/ -i z z=■ D 7 A 3 @ m 3 @ _ L x 0 0 k 2 0 { § \ \ k ) § ( - u e o M_ W (a w LL_ w- 2 F-« r u ©� E k w r 2 e 2 E g - e t w g 2 q) 3 K§ @ u k-wj M«» 0 z « w c- w U) > o ���-j�e -j—i / Lu k § R \ \ w - - j (/ ( $ ` k ¥ I m ° 0& 0» q* ]� E 2 g E« 91_j °° 0 0 \ 7 5 g I 2§§ ») ■ G g 2 E/ o§ 0 0 g g o,_� o m z 2 a. c■ 0)�■ 3 e IL 0101 c.m \ 0 j \ 3 / \ / z \ j ) \ \ z ATTACHMENT I AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Grants/Disaster Recovery Department ITEM NO. VI-J DATE: 10/20/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) PRESENTED BY: Roberta Breene A�� Grants/Resource Developer SUBJECT: Severe Repetitive Loss Pilot Program — Revised Grant Applications BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: May 13, 2008 — BOCC approval to submit the original applications. RECOMMENDATION: Board authorization to first withdraw and then resubmit three grant applications to the Florida Department of Emergency Management/Federal Emergency Management Agency. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures i County Attorney (X) OMB Director Daniel McIntyre Budget Analyst Originating Dept. (X) 4�2� illi m Hoeffner (X) (X) Carie Goui /Z�� T onna Johnson Grants/Disaster Recovery MEMORANDUM TO: Board of County Commissioners THROUGH: William HoeffnerfcEry Grants/Disaster R Director FROM: Roberta Breene 6�6 Grants/Resource Developer DATE: October 20, 2009 SUBJECT: Severe Repetitive Loss Pilot Program — Revised Grant Applications vl-J ITEM NO. Background: The Severe Repetitive Loss (SRL) Pilot Program provides funding to reduce or eliminate the long- term risk of flood damage to severe repetitive loss structures insured under the National Flood Insurance Program (NFIP). Under various conditions and qualifications, the program will elevate the structure; acquire and relocate or demolish; or reconstruct on -site. If the property is acquired, it must remain as open space in perpetuity. FEMA would provide 90% of the cost. The homeowner would be responsible for 10%. The State is the Applicant, and County is the Sub -applicant. As a result of damage caused by Tropical Storm Fay, three of the seven applications the County submitted needed to be changed from elevation to acquisition. Due to the additional cost involved in acquisition and FEMA's having rolled excess 2008 funds into 2009 funds, FEMA has requested that we withdraw these three 2008 applications and immediately resubmit them as 2009. Funds Available: No County cash funds would be required. However the County would provide project management and fiscal oversight, and would manage the open space in perpetuity. FEMA will provide 5% management and oversight reimbursement to the County. Recommendation: Board authorization to first withdraw and then resubmit three grant applications to the Florida Department of Emergency Management/Federal Emergency Management Agency. Ir AGENDA e CQC.i NTY F C tJ R I D A� TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: County Attorney ITEM NO, VT A DATE: October 20, 2009 REGULAR[] PUBLIC HEARING [XX] CONSENT[] PRESENTED BY: Daniel 5. McIntyre Ordinance No. 09-022 - Roads, Parks and Public Buildings Impact Fees See attached memorandum RECOMMENDATION: This is the first of two public hearings. The second public hearing is scheduled on Tuesday, December 1, 2009 at 6:00 p.m. in the County Commission Chambers COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [k] OTHER: Approved 5.0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Daniel S. McIntyre Originating Dept. Growth Mgmt. Dir: Capital Projs: e&x Mark Satterlee Michael Brillhart Finance: (Check for copy only, if applicable) Eff. 5/96 (COUNTY` F L O R I D A INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 09-1237 DATE: September 24, 2009 SUBJECT: Ordinance No. 09-022 - Roads, Parks and Public Buildings Impact Fees BACKGROUND: Attached to this memorandum is a copy of a "Technical Memorandum on the Methods Used to Calculate Consumption Based Road, Parks and Public Buildings Impact Fees" prepared by James C. Nicholas, Ph.D. dated September 17, 2009. Also attached is a copy of draft Ordinance No. 09-022 which reflects proposed changes to the code sections pertaining to roads, parks and public buildings impact fees, The proposed changes are based on the information contained in Dr. Nicholas' technical memorandum. The County's current consumption based fees for roads, parks and public buildings have not been revised for several years. State law requires that the calculation of impact fees be based on the most recent and localized data. In addition, the law requires that notice be provided no less than 90 days before the effective date of the ordinance. This is the first of two public hearings. The next public hearing is scheduled for Tuesday, December 1, 2009 at 6:00 p.m. The proposed effective date is April 1, 2010. The St. Lucie County Planning and Zoning Commission/Local Planning Agency considered the proposed study and ordinance over several months. On August 20, 2009, the Commission/Agency voted 4-2 to recommend that the Board approve the Updated Impact Fee Methodology for Roads, Parks & Recreation, and Public Buildings and the accompanying rate schedule as reflected in Ordinance No. 09-022, based upon aggregated capital project lists for roads, parks & recreation, and public buildings. Notice of the public hearing was published in the Tribune on October 1, 2009 Dr. Nicholas will be present at the public hearing. RECOMMENDATION/CONCLUSION: This is the first of two public hearings. The second public hearing is scheduled for Tuesday, December 1, 2009 at 6:00 p.m. in he County Commission Chambers. Daniel S. County A DSM/caf Attachments Ily submi ORDINANCE NO. 09-022 AN ORDINANCE AMENDING CHAPTER 1-16.3 "PUBLIC BUILDINGS IMPACT FEE", CHAPTER 1-17 "ROADS IMPACT FEE", AND CHAPTER 1-15 "PARKS IMPACT FEE" OF THE CODE OF ST. LUCIE COUNTY; AMENDING SECTION 1-16.3-16 TO CHANGE THE AMOUNT OF THE PUBLIC BUILDINGS IMPACT FEE AND TO PROVIDE FOR ABANDONMENT OF USE IN CALCULATING PUBLIC BUILDING IMPACT FEES; AMENDING SECTION 1-16.3-23 TO USE OF FUNDS TO PROVIDE FOR A REVISED TECHNICAL MEMORANDUM AND CHANGE THE MONTH FROM JANUARY TO JULY FOR SUBMITTAL OF THE ANNUAL CAPITAL IMPROVEMENT PROGRAM; AMENDING SECTION 1-17- 29 TO CHANGE THE AMOUNT OF THE ROADS IMPACT FEE AND TO PROVIDE FOR ABANDONMENT OF USE IN CALCULATING ROAD IMPACT FEES AND TO DELETE SUBSECTION (d); AMENDING SECTION 1-17-31 USE OF FUNDS AND ROAD BENEFIT ZONES TO PROVIDE FOR A REVISED TECHNICAL MEMORANDUM AND CHANGE THE MONTH FROM JANUARY TO JULY FOR SUBMITTAL OF THE ANNUAL CAPITAL IMPROVEMENT PROGRAM; AMENDING SECTION1-15-36 TO CHANGE THE AMOUNT OF THE' PARKS IMPACT FEE AND TO PROVIDE FOR ABANDONMENT OF USE IN CALCULATING PARK IMPACT FEES; AMENDING SECTION' 1-15-43 USE OF FUNDS TO PROVIDE FOR A REVISED TECHNICAL MEMORANDUM AND CHANGE THE MONTH FROM JANUARY TO JULY FOR THE SUBMITTAL OF THE ANNUAL CAPITAL IMPROVEMENT PROGRAM; PROVIDING FOR SEVERABILITY, ALTERNATE METHOD, EFFECTIVE DATE AND FILING FINDINGS OF FACT: WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Board has previously adopted impact fees for roads, parks and public buildings which fees were most recently revised on October 11, 2005 through the adoption of Ordinance No. 05-037. 2. The Board has received a Technical Memorandum from Dr. James C. Nicholas entitled "Methods Used to Calculate Consumption Driven Roads, Public Buildings and Parks and Recreation Impact Fees" dated September 17, 2009. ugh passaged are deleted. 1 Underlined passages are added. ween the need f or 3. The Nicholas study demonstrates a reasonable funded by thetCounty and impactfees public building and park and recreation improvements t collected for roads, public buildings and parks and rec n the ition ncorporated munhe impacts icipal pali ties (cities on roads, public f Fort and parks and recreation generated by development P Pierce, Port St. Lucie and the Town of St. Lucie Village) and the unincorporated County. 4, Section 125.045, Florida Statutes, provides authority to expend County expand economicactivity untin the County including the end and use public funds toward achievement of the Cos economic goals. Y NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: NGS E CODE OF PART A. CHAPTER 1-16.3 PORDINANCES AND COMPILED LAUBLIC BUILWS OIMPACT LUCIHE COUNTY HEREBY AMENDED BY AMENDING SECTION 1-16.3-16 AS FOLLOWS: Sec. 1-16.3-16. Computation of the amount of public buildings impact fee. (a) At the option of the feepayer, the amount of the fee may be determined by the following fee schedule. PUBLIC BUILDINGS IMPACT FEE COUNTYWIDE ASSE55MENT IMPACT FEE LAND USE TYPE RESIDENTIAL Single-family Mobile home/RV Unit park only) Multi -family 1/2 floors Multi -family 3+ floors Hotel/motel (per room) Bed & Breakfast (Guest Rooms) All other residential OFFICE & FINANCIAL Medical office ether General office &+ ,,k-#hrett0 passaged are deleted. UNIT OF fee-als-off fee as of MEASURE e4 04/01/10 Per unit $ 347 $ 317 Per unit 244 208 Per unit 349 283 Per unit 349 283 Per room 244 212 2-24 212 Per unit 347 317 Per 1,000 sq. ft. 390 524 Per 1,000 sq. ft. 623 280 2 Underlined passages are added. LAND USE TYPE RETAIL TRADE Under 100,000 square feet 100,000-499,000 square feet 500,000 square feet and over GASOLINE SERVICES Gasoline pumps INDUSTRIAL Warehouse Truck terminal General industrial INSTITUTIONAL School-Elem. School-Middle/high Day care center Fraternal organization Hospital Nursing home Library RECREATIONAL Park (city/county/state) Recreation facility -All types Golf course Movie Theaters UNIT OF IMPACT FEE fee-ars- few MEASURE 4GA4/E)4 04/01/10 Per 1,000 sq. ft. 438 412 Per 1,000 sq. ft. §04 Per 1,000 sq. f f. 36� 474 377 Per pump stat 63 90 Per 1,000 sq. ft. 3.3 40 Per 1,000 sq. ft. 444 94 Per 1,000 sq. ft. 89 64 Per 1,000 sq. ft. 499 423 Per 1,000 sq. ft. 86 Per 1,000 sq. ft. 368 421 274 Per, 1,000 sq. ft. 9 Per, bed 4}6 0 335 Per bed 449 284 Per 1,000 sq. ft. 638 427 Per acre 63 97 Per 1,000 sq.ft. _419 130 Per acre 463 213 Per seat -74 49 If the type of development activity for which a building permit, electrical permit for a mobile home park or recreational vehicle park is applied for is not specified on the above fee schedule, the county administrator shall use the fee applicable to the most nearly comparable type of land use on the above fee schedule. (b) The person applying for the issuance of a building permit or an electrical permit for a mobile home park or recreational vehicle park may, at his option, submit evidence to the county administrator indicating that the fees set out to paragraph (a) above are not appropriate for his particular development. Based upon convincing and competent evidence, the county administrator may adjust the fee to that appropriate for the particular development. �*raek}tretrglt passaged are deleted. 3 Underlined passages are added, (c) ' ty of Port St. 6ticie she!! pay a fee equal to eighty feur pereemt If a previous use has been either abandoned or otherwise inactive for a period of two consecutive years prior to the request for issuance of a building permit. electrical permit for recreational vehicle parks or mobile home parks or zoning compliance certificate the impact fee calculated shall be based upon the new use with an adjustment for any impact fees paid for the previous use. PART B. CHAPTER 1-16.3 PUBLIC BUILDINGS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-16.3-23 AS FOLLOWS: Sec. 1-16.3-23. Use of funds. (a) The collecting governmental unit shall be entitled to up to but not more than four (4) per cent of the funds collected to compensate them for the actual administrative expense of collecting and administering the public buildings impact fee ordinance. All remaining funds collected from public buildings impact fees shall be used solely for the purpose of capital improvements to the county's Public Buildings contained within the County's Comprehensive Plan and identified within the s+udy Technical Memorandum entitled " Methods Used to Calculate Consumption Driven Road Public Buildings and Park & Recreation Impact Fees," dated 3a1y, 2995 September 17. 2009, by Dr. James C. Nicholas, which contains the most recent and localized data and which is incorporated by reference, and not for maintenance or operations. Land acquisition and improvements shall be of the type made necessary by, the county's growth and development. (b) Each Jamuery July the county administrator shall present to the board of county commissioners a proposed capital improvement program for Public Building and facilities, assigning funds, including any accrued interest, from the public buildings impact fee trust fund to specific Public Buildings improvements projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same Public Buildings impact fee trust fund until the next fiscal period except as provided by the refund provisions of this article. Funds shall be deemed expended in the order received. (c) The Board of County Commissioners of St. Lucie County may enter into interlocal agreements with the governing bodies of the municipalities in St. Lucie County to ensure proper use of the funds collected pursuant to this article. PART C. CHAPTER 1-17 ROADS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-17-29 AS FOLLOWS: &tm1&k4hretlg4t passaged are deleted. 4 Underlined passages are added. Sec. 1-17-29. Computation of the amount of roads impact fee. (a) At the option of the feepayer, the amount of the fee may be determined by the following fee schedule. The fees shown on the schedule reflect a zero (0) per cent discount. LAND USE TYPE RESIDENTIAL Single-family Mobile home/RV Unit (park only) Multi -family 1 and 2 floors Multi -family 3 floors and up Hotel/motel Bed & breakfast (Guest rooms) All other residential OFFICE & FINANCIAL Medical office General office RETAIL TRADE Under 100,000 sq. ft. 100,000-499,000 sq. ft 500,000 or more sq. ft. GASOLINE SERVICES (Per Service Position) Gasoline Pumps INDUSTRIAL Warehouse Truck terminal General industrial INSTITUTIONAL School-Elem. School-Middle/high Day care center Fraternal organization Hospital ROAD IMPACT FEE MAINLAND IMPACT FEE UNIT OF feeasof fee as of MEASURE 94* 04/01/10 Per unit Per unit Per unit Per unit Per room Per room Per unit Per 1,000 sq. ft. Per 1,000 sq. ft. Per 1,000 sq. ft. Per 1,000 sq. ft. Per 1,000 sq, ft. Per pump stat Per 1,000 sq. ft Per 1,000 sq. ft Per 1,000 sq, ft Per 1,000 sq. ft Per 1,000 sq. ft Per 1,000 sq. ft Per 1,000 sq, ft Per bed -444 464 14,46 3�49 860 4,452 2,226 3,246 1,702 3,541 2,016 4,452 3,529 2,553 4,766 4,932 5.545 2,609 694 1,395 758 1,746 1,718 1,533 2,496 3,867 5frado-#kreagh passaged are deleted. 5 Underlined passages are added. ROAD IMPACT FEE MAINLAND IMPACT FEE UNIT OF fee as of fee as of LAND USE TYPE MEASURE 94* 04/01/10 Nursing home Per bed 3§a 701 Library Per 1,000 sq. ff. � 5,109 RECREATIONAL Par k(c i ty/county/state) Per acre 244 617 Recreation facility -All types Per 1,000 sq.ft. 393 859 Golf course Per acre 475 1,383 Movie Theaters Per seat 44 117 ROAD IMPACT FEE NORTH ISLAND IMPACT FEE UNIT OF -. fee -as of fee as of LAND USE TYPE MEASUREM4* 04/01/10 RESIDENTIAL Single-family Per unit $� $ 3.549 Mobile home/RV Unit park only Per unit 987. 1,855 Multi -family 1/2 floors Per unit 646 1,908 Multi -family 3+floors Per unit '� 3,085 Hotel/motel Per room 44, 82" 4,981 Bed & breakfast (Guest Rooms) Per room �8 3,009 All other residential -Per unit 2 459 3,549 OFFICE & FINANCIAL Medical office Per 1,000 sq. ft 9 1,210 General office Per 1,000 sq. ft. -496 862 RETAIL TRADE Under 100,000 sq.ft. Per 1,000 sq. ft.4-,� 1,500 100,000-499,000 sq.ft. Per 1,000 sq. ft. 1-234 1,545 500,000 or more sq.ft. Per 1,000 sq. ft. 866 1735 6#raelr#hredgh passaged are deleted. 6 Underlined passages are added. ROAD IMPACT FEE NORTH ISLAND IMPACT FEE UNIT OF fee as of fee as of LAND USE TYPE MEASURE !04)!4)4* 04/01/10 GASOLINE SERVICES (Per service position) Gasoline pumps Per pump stat 27569 819 INDUSTRIAL Warehouse Per 1,000 sq. ft. 89 259 Truck terminal Per 1,000 sq. ft. 4-8G 516 General industrial Per 1,000 sq. ft. 99 278 INSTITUTIONAL School-Elem. Per 1,000 sq. ft. 499 640 School-Middle/high Per 1,000 sq. ft. 488 645 Day care center Per 1,000 sq. ft. 4,609 577 Fraternal organization Per 1,000 sq. ft. 34-G 923 Hospital Per bed 6.84 1.444 Nursing home Per bed 4-50 254 Library Per 1,000 sq. f t. ;89-� 1.895 RECREATIONAL Park(city/county/state) Per acre 93 306 Recreation facility -All types Per 1,000 sq.ft. 424 367 Golf course Per acre 895 516 Movie Theaters (perseat)Per seat 4-7 49 NOTE: *The fee schedule shown in this article is subject to annual revision based upon the provisions of section 1-17-39 of this article. LAND USE TYPE RESIDENTIAL Single-family Mobile home/RV Unit V park only) Multi -family 1 and 2 floors Multi -family 3 floors and up FT. PIERCE ISLAND IMPACT FEE UNIT OF feeasof fee as of MEASURE 84 04/01/10 Per unit $ '� $ 4 106 Per unit 6-84 2,504 Per unit 1,908 Per unit 588 3,653 �#+°ack#hreagh passaged are deleted. 7 Underlined passages are added. LAND USE TYPE Hotel/motel Bed & breakfast (Guest rooms) All other residential OFFICE & FINANCIAL Medical office Other office RETAIL TRADE Under 100,000 sq.ft. 100,000-499,000 sq.ft 500,000 or more sq.ft. GASOLINE SERVICES (Per Service Position): Gasoline Pumps INDUSTRIAL Warehouse Truck terminal General industrial INSTITUTIONAL School-Elem School-Middle/high Day care center Fraternal organization Hospital Nursing home Library RECREATIONAL Park (city/county/state) Recreational facility -All types Golf Course Movie Theaters FT. PIERCE ISLANb IMPACT FEE UNIT OF fee as of fee as of MEASURE 1944/94 04/01/10 Per room �,$ 3,984 Per room 9G9 2,271 Per unit '� 4,106 Per 1,000 sq. ft. 1-977 911 Per 1,000 sq. ft. 849 669 Per 1,000 sq. ft. 737 1,727 Per 1,000 sq. ft. 598 1,585 Per 1,000 sq. ft. 548 1,545 Per pump stat 2-49= Per 1000 sq. ft. 44 Per 1,000 sq. ft. 87 Per 1,000 sq. ft. 49 1,230 165 322 190 Per 1,000 sq. ft. 49G 214 Per 1,000 sq. ft. 335 479 Per 1,000 sq. ft. 784 436 Per 1,000 sq. ft. 48G 706 Per bed 447 472 Per bed -74 202 Per 1,000 sq. ft. 53 1,427 Per acre 45 177 Per pkg. space 64 230 Per acre 4GG 387 Per seat 1,99G sq.ft. 3 41 Struck Hugh passaged are deleted. 8 Underlined passages are added. NOTE: *The fee schedule shown in this table is subject to annual revision based upon the provisions of section 1-17-39 of this article. SOUTH ISLAND IMPACT FEE UNIT OF feeasof fee as of LAND USE TYPE MEASURE 40{81/04 04/01/10 RESIDENTIAL Single-family Per unit $ 2-IG54 3,843 Mobile home/RV Unit Per unit 7-44 2,351 Multi -family 1 and 2 floors Per unit 11473 1,790 Multi -family 3 floors and up Per unit 666 3,431 Hotel/motel Per room 2-44-c 3,770 Bed & breakfast (Guest rooms) Per room 4-,40 2,157 All other residential Per unit 3,843 OFFICE & FINANCIAL Medical office Per 1,000 sq. ft. 1,056 Ether General office Per 1,000 sq. ft. 434 762 RETAIL TRADE Under 100,000 sq.ft. der 1,000 sq. ft. 4_13� 1,315 100,000-499,000 sq.ft. Per 1f000 sq. fi. 4_10� 1,364 500,000 or more sq.ft. Per 1,000 sq. ft. 933 1,525 GA50LINE SERVICES (per service position): Gasoline Pumps Per pump stat 4,49-7 1,444 INDUSTRIAL Warehouse Per 1,000 sq. ft. 78 222 Truck terminal Per 1,000 sq. ft. 15-7 459 General industrial Per 1,000 sq. ft. 87 242 INSTITUTIONAL School-Elem Per 1,000 sq. ft. 4-24 556 School-Middle/high Per 1,000 sq. ft. 424 560 Day care center Per 1,000 sq. ft. 1-,440 504 Fraternal organization Per 1,000 sq, ft. 32-5 807 Hospital Per bed �5% 1,250 Nursing home Per bed 44a 238 Library Per 1,000 sq. ft. 960 1,666 8#rwek threagh passaged are deleted. 9 Underlined passages are added. LAND USE TYPE RECREATIONAL Park (city/county/state) Recreational facility - A I I types Golf course Movie Theaters SOUTH ISLAND IMPACT FEE UNIT OF fee esef fee as of MEASURE 19f91/04 04/01/10 Per acre 84 275 Per pkg. space 440 318 Per acre 488 444 Per Seat 4-5 41 NOTE: *The fee schedule shown in this table is subject to annual revision based upon the provisions of section 1-17-39 of this article. If a building is requested for mixed uses, then the fee shall be determined through using the above schedule by apportioning the space committed to uses specified on the schedule. (b) If the type of development activity for which a building permit is applied is not specified on the above fee schedule, the county administrator shall use the fee applicable to the most nearly comparable type of land development on the above fee schedule. The county administrator shall be guided in the selection of a comparable type by Florida Department of Transportation (FDOT) and/or Institute of Transportation Engineers (ITE);trafficgeneration statistics. 'If the county administrator determines that there is no comparable type of land use on the above fee schedule, then the county administrator shall determine the fee by: (1) Using traffic generation statistics contained in the latest edition of the Institute of Transportation Engineers "Trip Generation: An Information Report," or trip generation statistics supplied and certified by a registered Florida professional engineer, and (2) Using for average trip length the average trip length of all average trip lengths for the applicable land use type as set out in this article (i.e., residential, office and financial, industrial, recreational, institutional, retail) that were used in calculating the above fee schedule, and (3) Using as a per cent new trips the average per cent new trips for the applicable land use type (i.e., residential, office and financial, industrial, recreational, institutional, retail) that were used in calculating the above fee schedule, and (4) Applying the formula set forth in 1-17-29(c) hereof. The county administrator shall determine the applicable land use type, In the case of a change of use, redevelopment, or modification of an existing use which requires the issuance of a building permit, electrical permit for recreational vehicle parks or mobile home parks 5+rwek +hreagk passaged are deleted. 10 Underlined passages are added. or zoning compliance certificate, the impact fee shall be based upon the net increase in the impact fee for the new use as compared to the previous use. The county administrator shall be guided in this determination by Florida Department of Transportation (FDOT) and/or Institute of Transportation Engineers (ITE) traffic generation statistics. If however, the previous use has been either abandoned or otherwise inactive for a period of 2 consecutive years prior to the request for the issuance of a building permit electrical permit for recreational vehicle parks or mobile home parks or zoning compliance certificate then the impact fee calculated shall be based upon the new use with an adjustment for any impact fees Raid for the previous use. (c) If the feepayer shall opt not to have the impact fee determined according to paragraph (a) of this section, then the fee shol I be determined by the county administrator based upon the traffic generation rates determined by an independent traffic study (ITS), defined in section 1-17-35 of this article, prepared by the feepayer and submitted to the county administrator or his designee. The following formula shall be used by the county administrator or his designee to determine the impact fee per unit: Attributable travel = (Trip rate x trip length)(2 x % New trips) New land miles = Attributable travel/Lane capacity Construction cost = New lane miles x Construction cost per lane mile Right-of-way cost = New lane miles x Right-of-way cost per lane mile Total cost = Construction cost + Right-of-way cost Net cost = Total cost --Offsets Impact fee = Net .. ._ . . •'F1 PVFI§n 09pqr-pri- FAT PART D. CHAPTER 1-17 ROADS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-17-31 AS FOLLOWS: Sec. 1-17-31 Use of funds and road benefit zones. (a) There is hereby created the Mainland Road Benefit Zone, the North Island Road Benefit Zone, the Fort Pierce Island Road Benefit Zone, and the South Island Road Benefit Zone. The boundaries of the various benefit zones are as depicted in revised figure 1. (b) All funds collected from road impact fees shall be used solely for the purpose of capital improvements or enhancements to transportation facilities associated with the arterial and collector road network of the county as identif ied in the county's comprehensive plan or the comprehensive plans of the City of Fort Pierce, City of Port St. Lucie, St. Lucie Village or by the State of Florida and 5+raek *Hreegh passaged are deleted. 11 Underlined passages are added. identified within the s+ttdy technical memorandum entitled "Reads Methods Used to Calculate Consumption Driven Road Public Buildings and Parks & Recreation Impact Fees," dated July, 2095 September 17, 2009, by Dr. James C, Nicholas, which contains the most recent and localized data and which is incorporated by reference. Road impact fees shall not be used for maintenance or operation purposes. Such improvements shall be of the type as are made necessary by the new development. (c) Except as provided in paragraph (4)Le) of this section, all funds shall be used exclusively for identified road capital improvements within the road benefit zone from which the funds were collected or for projects in adjacent road benefit zones which are of direct benefit to the road benefit zone from which the funds were collected. Funds shall be expended in the order in which they are collected. For purposes of this article, the road benefit zones shall be as depicted in revised figure (d) Each Jamucry July the county administrator shall present to the board of county commissioners a proposed capital improvement program for roads on the arterial and collector road network of the county, assigning funds, including any accrued interest, from the several special revenue funds to specific road improvement projects and related expenses. Moneys, including any accrued interest, not assigned in any fiscal year shall be retained in the same special revenue funds until the next fiscal year except as provided by the refund provisions of this article. (e) The collecting; governmental entity shall be entitled to retain not more than four (4) per cent of all impact fee funds it collects to offset the actual costs of administering and enforcing this article. PART E. CHAPTER 1-15 PARKS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-15-36 AS FOLLOWS: Sec. 1-15-36. Computation of the amount of parks impact fee. (a) At the option of the feepayer, the amount of the fee may be determined by the following fee schedule. PARKS IMPACT FEE COUNTYWIDE ASSESSMENT IMPACT FEE UNIT OF fee as of fee as of LAND USE TYPE MEASURE 94 04/01/10 RESIDENTIAL Single-family Per unit 456 1,443 Mobile home/RV Unit( park only) Per unit 2-39 945 Multi -family z floors 406 1,287 Multi -family 3+ floors 406 1.287 Hotel/motel Per room 2-9-3 965 Struekthreugh passaged are deleted. 12 Underlined passages are added. PARKS IMPACT FEE COUNTYWIDE ASSESSMENT IMPACT FEE UNIT OF fee as of fee as of LAND USE TYPE MEASURE 10�91/04 04/01/10 Bed & Breakfast (Guest Rooms) 2-9-3 965 All other residential Per unit 456 1,443 NOTE: The fee schedule shown in this table is subject to annual revision based upon the provisions of section 1-15-47 of this article. If the type of residential development activity for which a building permit or electrical permit for a mobile home park or recreational vehicle park which is being applied for is not specified on the above fee schedule, the county administrator shall use the fee applicable to the most nearly comparable type of land use on the above fee schedule. (b) The person applying for the issuance of a building permit or electrical permit for a mobile home park or recreational vehicle park may, at his option, submit evidence to the county administrator indicating that the fees set out in paragraph (a) above are not appropriate for. his particular development. Based upon convincing and competent evidence, the county administrator may adjust the fee to that appropriate for the particular development. The adjustment may include a credit against the fee otherwise payable of up to twenty-five (25) per cent for private recreational facilities provided to the development by feepayer- if the recreational facilities serve the same purposes and functions as set forth for regional recreation areas in the St. Lucie County Comprehensive Plan. (c) , 6uede shall pay a fee equal to thirty pereemt ° . If a previous use has been either abandoned or otherwise inactive for a period of two consecutive years prior to the request for issuance of a building permit, electrical permit for recreational vehicle parks or mobile home parks or zoning compliance certificate, the impact fee calculated shall be based upon the new use with an adjustment for any impact fees paid for the previous use, PART F. CHAPTER 1-15 PARKS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-15-43 AS FOLLOWS: Sec. 1-15-43, Use of funds. (a) The collecting governmental unit shall be entitled to up to but not more than four (4) per cent of the funds collected to compensate them for the actual administrative expense of collecting and administering the parks impact fee ordinance. All remaining funds collected from parks impact fees shall be used solely for the purpose of capital improvements to the parks system, including, beach `+Pu +Hreugh passaged are deleted. 13 Underlined passages are added. access areas, special recreation areas and regional recreation areas within the Comprehensive Plan of St. Lucie County and identified within the stedy technical memorandum entitled "Parks `t. ' ueie ^-••n-ty Methods Used to Calculate Consumption Driven Road Public Buildings and Park & Recreation Impact Fees," dated Jam, 2005 September 17, 2009, by Dr. James C. Nicholas, which contains the most recent and localized data and which is incorporated by reference, or with prior approval of the county commission those parks, beach access, regional recreation and special recreation areas under the jurisdiction of the City of Ft. Pierce, Port St. Lucie, St. Lucie Village or the State of Florida and not for maintenance or operations. Land acquisition and improvements shall be of the type made necessary by the county's growth and development. (b) Except for the up to four (4) per cent retainage authorized above, all remaining funds collected from the parks impact fee shall be used exclusively for identi f ied parks capital improvements within the parks impact fee district from which funds were collected or for projects in other districts which are of direct benefit to the district from which the funds were collected. (c) Each Jamroer°y July the county administrator shall present to the board of county commissioners a proposed capital improvement program for parks, assigning funds, including any accrued interest, from the parks impact fee trust fund to specific park improvements projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same parks impact fee trust fund until the next fiscal period except as provided by the refund provisions of this article. Funds shall be deemed expended in the order received. (d) The Board of County Commissioners, of St. Lucie 'County may enter into interlocal agreements with the governing bodies of the municipalities in St. Lucie County to ensure proper use of the funds collected pursuant to this article. PART G. SEVERABILITY. Provisions of this Ordinance are severable; and if any section, subsection, sentence or clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this ordinance shall not be affected thereby. PART H. ALTERNATIVE METHOD. This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall nct be regarded as in derogation of any powers now existing or which may hereafter come into existence. This ordinance, being necessary for the Public Health, Safety, and Welfare of the inhabitants of the County shall be liberally construed to affect the purposes hereof. Struelt #hreagh passaged are deleted. 14 Underlined passages are added. PARK I. 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 April 1, 2010. PART J. FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART K. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Paula A. Lewis XXX Vice Chairman Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PART L. CODIFICATION. Provisions of this ordinanceshall be incorporated in the County 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 G to L shall not be codified. PASSED AND DULY ADOPTED this _ day of 12009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney b*rae#hreagh passaged are deleted. 15 Underlined passages are added. Technical Memorandum on the Methods Used to Calculate Consumption Based Road, Public Buildings, and Park & Recreation Impact Fees Prepared for the Board of County St Lucie County Commissioners of By James C. Nicholas, Ph.D. September 17, 2009 Table of Contents I. Impact Fees.....................................................................2 A. Impact Fees in Florida................................................................. 2 B. St Lucie County Impact Fee Program ......................................... 6 C. County Population Growth......................................................... 12 11. Roads.......................................................................... 14 IV. Public Buildings ................................................... .......32 V. Parks & Recreation........................................................40 VI. Summary......................................................................45 2009 Impact Fee Update - Sept 17, 2009 - 1 - L Impact Fees A. Impact Fees in Florida While there is adopted impact fee legislation in Florida,' there is no general enabling act that sets standards for the preparation and use of impact fees. Rather, impact fees evolved through Florida's courts starting in the late 1960's and ultimately were recognized as being within a local government's home rule authority. This method of evolution was perhaps the only option since Florida cities and counties were exploring new issues of governance and government finance following the adoption of the new constitution in 1968, which granted broad home rule authority while requiring authori- zation by general law for the imposition of taxes. The body of law that came out of this evolutionary process clearly established that: • Impact Fees are permissible as exercise of the police powers; • Impact fees cannot exceed a pro rata share of the reasonably anticipated costs of expanding facilities required to serve new development; • Impact fees cannot be imposed or structured to provide a "windfall" to existing residents; and • Impact fees must satisfy the dual rational nexus between the need for facility improvements and new development. The Florida Supreme Court, beginning with Contractors and Builders Association of Pinellas County v City Of Dunedin, 329 So. 2d 314 (Fla. 1976), dealt first with the conditions under which impact fees may be utilized and then with the amounts that may be charged as impact fees. In Dunedin the Florida Supreme Court wrote: Raising expansion capital by setting connection charges, which do not ex- ceed a pro rats share of reasonably anticipated costs of expansion, is per- missible where expansion is reasonably required, if use of the money col- lected is limited to meeting the costs of expansion. Users `who benefit es- pecially, not from the maintenance of the system, but by the extension of the system ... should bear the cost of that extension." (citations omitted) The Dunedin court also makes clear that such charges, now known as impact fees, are not unlimited. Extending their rationale: Mhe cost of new facilities should be borne by new users to the extent new use requires new facilities, but only to that extent. When new facili- ' See 163.31801, Florida Statutes. 2009 Impact Fee Update - Sept 17, 2009 - 2 - ties must be built in any event, looking only to new users for necessary capital gives old users a windfall at the expense of new users. New users can be held responsible only for the costs attributable to new use and not for other costs, especially any charge that would yield a "windfall" to the existing community. Dunedin was a case involving a municipally owned water and sewer utility. It fell to Hollywood Inc. v Broward County, 431 So.2d 606 (Fla. 4th DCA 1983) to deal with the application of the Dunedin logic to parks, a facility that the Florida cities of Gulf Breeze, Maitland, and Hollywood unsuccessfully tried to fund with development charges. In Hollywood Inc. the court wrote: [W]e discern the general legal principle that reasonable dedication or im- pact fee requirements are permissible so long as they offset needs suffi- ciently attributable to the subdivision and so long as the funds collected are sufficiently earmarked for the substantial benefit of the subdivision residents. In order to satisfy these requirements, the local government must demonstrate a reasonable connection, or rational nexus, between the need for additional capital facilities and the growth in population gen- erated by the subdivision. In addition, the government must show a rea- sonable connection, or rational nexus, between the expenditures of the funds collected and the benefits accruing to the subdivision. In order to satisfy this latter requirement, the ordinance must specifically earmark the funds collected for use in acquiring capital facilities to benefit the new res- idents. The Hollywood Inc. Court provides the principles of the Dual Rational Nexus Test. Specifically, that: The local government must demonstrate a reasonable connection, or rational nexus, between the need for additional capital facilities and the growth gener- ated by the development being charged the impact fees, and • The government must specifically earmark the funds collected for use in ac- quiring capital facilities to benefit the development charged the impact fees. The paramount issue with respect to impact fees is nexus. There must be a nexus2 between new development and the need to expand infrastructure. The establishment of a nexus begins with the levels of service that are set out in the comprehensive plan. The second crucial issue is the identification of a pro rata share of the cost of expanding that infrastructure. This is to be accomplished in the consultant's report. During the 2006 session, an act was passed by the Florida Legislature and signed into 2 In Nollan v California Coastal Commission (107 S. Ct. 3141, 1987), Justice Scalia characterized a nexus as "essential." 2009 Impact Fee Update - Sept 17, 2009 - 3 - law by the Governor that dealt with impact fees.3 The only portions of this act that deal with the calculation of impact fees are the requirements that calculation of impact fees be based on the most recent and localized data. The general criteria for impact fees in Florida are: • Impact fees adopted must be based upon the establishment of a nexus be- tween new development and the need to expand infrastructure; • The calculation of impact fees must use the most recent and localized data; and • The resulting impact fees may be no more than a pro rata share of the reason- ably anticipated cost of expanding that infrastructure. In Florida there are two general types of impact fee methodologies; consumption based and improvements based. Consumption Based. The consumption based (also known as "standards based") methodology calculates impact fees based on the value of public infra- structure consumed per unit of land use. The value of the public infrastructure is usually developed by calculating the replacement cost of the existing public capital infrastructure. This value is then related to a facility based standard such as fire stations per 1000 population, acres of parks per 1000 population, library or other building square footages per 1000 population, etc. The major advantage of the consumption based approach is the flexibility pro- vided to the local government in meeting the needs for infrastructure improve- ments. Specifically, a government that uses a consumption based impact fee can develop its capital improvement program to include projects that directly respond to where growth and the need for the public infrastructure occurs. The capital improvement program list of improvements is reviewed annually and that list can change as growth patterns change, resulting in new project priori- ties. Generally, these changes only occur in the out years of the capital im- provement program. Finally, it should be noted that ordinances that implement consumption based impact fees generally include a provision that ties the need for and benefit of impact fees to projects that must be included in the local gov- ernment's capital improvements program and comprehensive plan capital im- provements element. An example of a consumption based calculation would be: • Average cost of roads per lane -mile is $1,500,000 3 ,The Florida Impact Fee Act," 163.31801, Florida Statutes. 2009 Impact Fee Update - Sept 17, 2009 - 4 - • Level of service for roads per lane -mile is 7,500 vehicles per day • Road cost per vehicle per lane -mile is $200 • Lane -miles per vehicle per day is 15 and road cost per vehicle is $3,000 • Vehicles per dwelling is 2, so road cost per dwelling in $6,000. These calculations are done without reference to any specific road or im- provements. Improvements Based. The improvements based (also known as "needs based") methodology charges new development based on a specific set of capital improvement projects as set out in a Capital Improvement Plan (CIP). This approach is usually based on a long-range master plan that includes a list of future projects that are determined to be necessary to accommodate exist- ing and future growth at the adopted level of service. Under the improvements based approach, an analysis is usually made of the impact of any existing defi- ciencies and an adjustment is made to account for deficiencies existing at the beginning of the planning period to assure that the cost of correcting those de- ficiencies is not shifted to new development. However, generally, no adjust- ment is made for excess capacity built as part of the improvements list that is available at the end of the planning period, since the improvements driven ap- proach did not charge for the existing excess capacity that is available at the start of the planning period and that is consumed by new development. The implicit or explicit assumption is that there may be excess capacity in every in- frastructure system, and as long as the amount or proportion of excess capaci- ty at the end of the planning period is reasonably similar to what was there at the beginning, there is no need to make adjustments for excess capacity. The advantage of the improvements based methodology is that it provides a di- rect tie to the local government's comprehensive plan with the adoption of a list of planned capital improvements as part of those comprehensive plans. In the improvements based methodology, the list of capital improvements used in the calculation of the cost component is usually the list of improvements included in the five year or longer capital improvement program. This methodology gives the development community assurance that the impact fees they pay are being spent on the specific improvements under which the impact fee was cal- culated. When the local government changes the list of capital improvements, the resulting impact fee should be recalculated using the new list of capital im- provements. Finally, similar to ordinances for consumption based impact fees, improvements based impact fee ordinances also include provisions that tie the need for and benefit of impact fees to projects included in the local govern- ments capital improvements program and comprehensive plan capital im- provements element. 2009 Impact Fee Update - Sept 17, 2009 - 5 - An example of an improvements based calculation would be: • Road improvements needed over 5 years to accommodate anticipated development, ♦ Road improvement 1 $ 5,000,000 ♦ Road improvement 2 $25,000,000 ♦ Road improvement 3 $25,000,000 ♦ Road improvement 4 $ 5,000,000 Total improvements $60,000,000 • New development over 5 years, 10,000 homes • Improvement cost per home, $6,000. This simplified improvements example came out with the same answer as the simplified consumption example. In a perfect world this would be the case. However, it is very common for there to be different answers resulting from the two approaches. Both the improvements and consumption based methodologies are commonly used and have been judicially reviewed in Florida. Dunedin's water and sewer charges were improvements based while Broward's parks fees, Palm Beach County's roads fees, and St Johns County's school fees were all consumption based. Either can provide a viable basis for impact fees that meet the standards of nexus and proportio- nality recognized in Florida. B. St Lucie County Impact Fee Program. St. Lucie County was one of the first counties in Florida to adopt impact fees. In 1986 the County adopted road impact fees while park & recreation, public buildings, law enforcement, fire protection, public libraries, and public education impact fees followed later. These impact fees all followed the consumption based approach. The county's road fee began with the specification of a quantitative level of service, 7,500 vehicles per lane -mile per day. The generalized cost of providing a unit of road, expressed as a cost per lane -mile, was used to project the cost of maintaining the adopted level of service. The advantage of the County's consumption based approach has been the flexibility given to the County to meet road improvement needs as they became identified. During 2007-08 St Lucie County considered moving from the general consumption approach to impact fees to a more specific improvements based approach. This option failed to receive the support of the St Lucie County Local Planning Agency. Therefore the roads, parks & recreation and public buildings impact fees set out herein will return to the consumption based method that had been used in 2009 Impact Fee Update - Sept 17, 2009 - 6 - St Lucie County. St Lucie County has implemented a system of countywide development impact fees. These fees are; • Roads, • Parks and recreation, • Public buildings, • Law enforcement (sheriff), • Fire protection and EMS, • Public libraries, and • Public education. The existing impact fees as of October 1, 2008 are shown in Table II-1 TABLE II-1 a EXISTING IMPACT FEES (10/2008) ST LUCIE COUNTY MAINLAND LAND USE Schools Parks Libra Library Public Buildings Fire/ EMS Law Roads TOTAL RESIDENTIAL: Single Family $5,447 $515 $205 $392 $525 $194 $2,324 $9,601 Mobile Home/Rec. Vehicle $1,572 $337 $184 $256 $107 $128 $1,161 $3,745 Multi -Family 1 & 2 Story $2,787 $458 $133 $350 $106 $174 $1,693 $5,701 Multi -Family 3 + Stories $2,787 $458 $133 $350 $106 $174 $885 $4,893 Hotel/Motel - Room $0 $331 $0 $253 $245 $130 $2,201 $3,159 Bed & Breakfast - Room $0 $331 $0 $253 $246 $130 $1,069 $2,029 All Other Residential $5,447 $514 $205 $392 $525 $194 $1,658 $8,935 OFFICE AND FINANCIAL PER 1,000 FT2: General Office $0 $0 $0 $440 $310 $298 $1,421 $2,469 Medical Office $0 $0 $0 $703 $310 $186 $6,358 $7,558 RETAIL PER 1,000 FT2: Under 100,000 FT2 $0 $0 $0 $494 $487 $698 $3,017 $4,696 100,000-499,999 FT2 $0 $0 $0 $569 $487 $804 $2,858 $4,717 500,000 & Over $0 $0 $0 $414 $487 $688 $2,796 $4,386 GASOLINE SERVICES: Service Station Per Position $0 $0 $0 $71 $1,610 $698 $7,987 $10,366 INDUSTRIAL PER 1,000 FT2: Warehouse $0 $0 $0 $62 $70 $36 $467 $636 Truck Terminal $0 $0 $0 $125 $70 $71 $942 $1,208 General Industrial $0 $0 $0 $100 $70 $56 $520 $745 INSTITUTIONAL: School - Elem. Per 1,000 FT2 $0 $0 $0 $563 $468 $242 $1,282 $2,555 School Middle/High Per 1,000 FT2 $0 $0 $0 $2,490 $468 $160 $1,270 $4,388 Day Care Per 1,000 FT2 $0 $0 $0 $302 $468 $153 $4,211 $5,134 Fraternal Or . Per 1,000 FT2 $0 $0 $0 $0 $468 $72 $971 $1,511 2009 Impact Fee Update - Sept 17, 2009 - 7 - TABLE II-1a EXISTING IMPACT FEES (10/2008) ST LUCIE COUNTY MAINLAND LAND USE Schools Parks Libra ry Public Buildings Fire/ EMS Law Roads TOTAL Hospital Per 1,000 FT $0 $0 $0 S470 $468 $72 $1,787 $2,797 Nursing Home Per 1,000 FT $0 $0 $0 $507 $1,159 $72 $397 $2,134 Library Per 1,000 FTz $0 $0 $0 $709 $468 $73 $2,876 $4,126 RECREATIONAL: Park Public Per Acre $0 $0 $0 $71 $44 $73 $242 $429 Recreation Facility Per 1,000 FTz $0 $0 $0 $89 $44 $73 $330 $536 Golf Course Per Acre $0 $0 $0 $183 $44 $73 $536 $836 Movie Theatres per Seat $0 $0 $0 $80 $487 $73 1 $46 $686 TABLE II-1 b EXISTING IMPACT FEES(10/2008) ST LUCIE COUNTY NORTH ISLAND LAND USE Schools Parks Libra ry Public Buildin s Fire/EMS Law Roads TOTAL RESIDENTIAL: Single Family $5,447 $515 $205 $392 $525 $194 $2,148 $9,425 Mobile Home/Rec. Vehicle $1,572 $337 $184 $256 $107 $128 $1,114 $3,698 Multi -Family 1 & 2 Story $2,787 $458 $133 $350 $106 $174 $1,858 $5,866 Multi -Family 3 + Stories $2,787 $458 $133 $350 $106 $174 $1,156 $5,163 Hotel/Motel - Room $0 $331 $0 $253 $245 $130 $3,591 $4,550 Bed & Breakfast - Room $0 $331 $0 $253 $246 $130 $1,849 $2,809 All Other Residential $5,447 $514 $205 $392 $525 $194 $2,765 $10,041 OFFICE AND FINANCIAL PER 1,000 FTz: General Office $0 $0 $0 $440 $310 $298 $560 $1,608 Medical Office $0 $0 $0 $703 $310 $186 $2,506 $3,705 RETAIL PER 1,000 FTz: Under 100,000 FTz $0 $0 $0 $494 $487 $698 $1,692 $3,371 100,000-499,999 FT $0 $0 $0 $569 $487 $804 $1,393 $3,253 500,000 & Over $0 $0 $0 $414 $487 $688 $1,203 $2,793 GASOLINE SERVICES: Service Station Per Position $0 $0 $0 $71 $1,610 $698 $2,900 $5,279 INDUSTRIAL PER 1,000 FTz: Warehouse $0 $0 $0 $62 $70 $36 $100 $269 Truck Terminal $0 $0 $0 $125 $70 $71 $203 $468 General Industrial $0 $0 $0 $100 $70 $56 $112 $338 INSTITUTIONAL: 2009 Impact Fee Update - Sept 17, 2009 - 8 - TABLE II-1 b EXISTING IMPACT FEES(10/2008) ST LUCIE COUNTY NORTH ISLAND LAND USE Schools Parks Libra Library Public Buildin s Fire/EMS Law Roads TOTAL School - Elem. Per 1,000 FT $0 $0 $0 $563 $468 $242 $552 $1,825 School Middle/High Per 1,000 FT $0 $0 $0 $2,490 $468 $160 $529 $3,647 Day Care Per 1,000 FT $0 $0 $0 $302 $468 $153 $1,816 $2,739 Fraternal Or . Per 1,000 FT $0 $0 $0 $0 $468 $72 $418 $958 Hospital Per 1,000 FT $0 $0 $0 $470 $468 $72 $769 $1,779 Nursing Home Per 1,000 FT $0 $0 $0 $507 $1,159 $72 $169 $1,906 Library Per 1,000 FT $0 $0 $0 $709 $468 $73 $1,238 $2,488 RECREATIONAL: Park Public Per Acre $0 $0 $0 $71 $44 $73 $105 $293 Recreation Facility Per 1,000 FT2 $0 $0 $0 $89 $44 $73 $143 $348 Golf Course Per Acre $0 $0 $0 $183 $44 $73 $231 $531 Movie Theatres per Seat $0 $0 $0 $80 $487 $73 $19 $659 2009 Impact Fee Update - Sept 17, 2009 - 9 - TABLE II-1 c EXISTING IMPACT FEES 10/2008) ST LUCIE COUNTY FT PIERCE ISLAND LAND USE Schools Parks Library Public Buildings Fire/EMS Law Roads TOTAL RESIDENTIAL: Single Family $5,447 $515 $205 $392 $525 $194 $1,823 $9,100 Mobile Home/Rec. Vehicle $1,572 $337 $184 $256 $107 $128 $656 $3,240 Multi -Family 1 & 2 Story $2,787 $458 $133 $350 $106 $174 $1,482 $5,490 Multi -Family 3 + Stories $2,787 $458 $133 $350 $106 $174 $607 $4,615 Hotel/Motel - Room $0 $331 $0 $253 $245 $130 $2,116 $3,075 Bed & Breakfast - Room $0 $331 $0 $253 $246 $130 $1,026 $1,986 All Other Residential $5,447 $514 $205 $392 $525 $194 $1,628 $8,905 OFFICE AND FINANCIAL PER 1,000 FT2: General Office $0 $0 $0 $440 $310 $298 $271 $1,319 Medical Office $0 $0 $0 $703 $310 $186 $1,216 $2,415 RETAIL PER 1,000 FT2: Under100,000 FT2 $0 $0 $0 $494 $487 $698 $821 $2,501 100,000-499,999 FT2 $0 $0 $0 $569 $487 $804 $675 $2,534 500,000 & Over $0 $0 $0 $414 $487 $688 $585 $2,175 GASOLINE SERVICES: Service Station Per Position $0 $0 $0 $71 $1,610 1 $698 $2,813 $5,192 INDUSTRIAL PER 1,000 FT2: Warehouse $0 $0 $0 $62 $70 $36 $50 $219 Truck Terminal $0 $0 $0 $125 $70 $71 $98 $363 General Industrial $0 $0 $0 $100 $70 $56 $55 $281 INSTITUTIONAL: School - Elem. Per 1,000 FT2 $0 $0 $0 $563 $468 $242 $113 $1,387 Sch. Middle/High Per 1,000 FT2 $0 $0 $0 $2,490 $468 $160 $265 $3,384 Day Care Per 1,000 FT2 $0 $0 $0 $302 $468 $153 $881 $1,804 Fraternal Or . Per 1,000 FT2 $0 $0 $0 $0 $468 $72 $203 $743 Hospital Per 1,000 FT2 $0 $0 $0 $470 $468 $72 $155 $1,165 Nursing Home Per 1,000 FT2 $0 $0 $0 $507 $1,159 $72 $84 $1,822 Library Per 1,000 FT2 $0 $0 $0 $709 $468 $73 $603 $1,853 RECREATIONAL: Park Public Per Acre $0 $0 $0 $71 $44 $73 $51 $238 Recreation Facility Per 1,000 FT2 $0 $0 $0 $89 $44 $73 $69 $274 Golf Course Per Acre $0 $0 $0 $183 $44 $73 $113 $413 Movie Theatres per Seat $0 $0 $0 $80 $487 $73 $3 $643 2009 Impact Fee Update - Sept 17, 2009 - 10 - TABLE II-1 d EXISTING IMPACT FEES 10/2008) ST LUCIE COUNTY SOUTH ISLAND LAND USE Schools Parks Library Libra Public Buildings Fire/EMS Law Roads TOTAL RESIDENTIAL: Single Family $5,447 $515 $205 $392 $525 $194 $2,322 $9,600 Mobile Home/Rec. Vehicle $1,572 $337 $184 $256 $107 $128 $836 $3,420 Multi -Family 1 & 2 Story $2,787 $458 $133 $350 $106 $174 $1,888 $5,896 Multi -Family 3 + Stories $2,787 $458 $133 $350 $106 $174 $774 $4,781 Hotel/Motel - Room $0 $331 $0 $253 $245 $130 $2,722 $3,681 Bed & Breakfast - Room $0 $331 $0 $253 $246 $130 $1,321 $2,281 All Other Residential $5,447 $514 $205 $392 $525 $194 $2,074 $9,350 OFFICE AND FINANCIAL PER 1,000 FT': General Office $0 $0 $0 $440 $310 $298 $490 $1,539 Medical Office $0 $0 $0 $703 $310 $186 $2,192 $3,392 RETAIL PER 1,000 FT': Under 100,000 FT' $0 $0 $0 $494 $487 $698 $1,481 $3,161 100,000-499,999 FT' $0 $0 $0 $569 $487 $804 $1,219 $3,079 500,000 & Over $0 $0 $0 $414 $487 $688 $1,053 $2,643 GASOLINE SERVICES: Service Station Per Position $o $0 $0 $71 $1,610 $698 $5,076 $7,455 INDUSTRIAL PER 1,000 FT': Warehouse $0 $0 $0 $62 $70 $36 $88 $257 Truck Terminal $0 $0 $0 $125 $70 $71 $177 $442 General Industrial $0 $0 $0 $100 $70 $56 $98 $324 INSTITUTIONAL: School - Elem. Per 1,000 FT' $0 $0 $0 $563 $468 $242 $479 $1,752 School Middle/High Per 1,000 FT' $0 $0 $0 $2,490 $468 $160 $478 $3,596 Day Care Per 1,000 FT' $0 $0 $0 $302 $468 $153 $1,591 $2,514 Fraternal Or . Per 1,000 FT' $0 $0 $0 $0 $468 $72 $367 $907 Hospital Per 1,000 FT' $0 $0 $0 $470 $468 $72 $673 $1,683 Nursing Home Per 1,000 FT' $0 $0 $0 $507 $1,159 $72 $149 $1,887 Library Per 1,000 FT' $0 $0 $0 $709 $468 $73 $1,084 $2,333 RECREATIONAL: Park Public Per Acre $0 $0 $0 $71 $44 $73 $91 $278 Recreation Facility Per 1,000 FT' $0 $0 $0 $89 $44 $73 $124 $329 Golf Course Per Acre $0 $0 $0 $183 $44 $73 $203 $503 Movie Theatres per Seat $0 $0 $0 $80 $487 $73 $17 $657 2009 Impact Fee Update - Sept 17, 2009 - 11 - This program was designed to assess a portion of the cost of infrastructure on the developments creating the need for infrastructure improvements. The roads, park & recreation, public building, and law enforcement impact fee receipts were shared between the county and the City of Port St Lucie. C. County Population Growth. In order to develop equitable impact fees it is first necessary to identify demographic parameters for the county. Table II-2 sets out the historic and current growth of St Lucie County. St Lucie County, like the rest of Florida and the nation, is experiencing TABLE II-2 POPULATION AND DWELLING UNITS ST LUCIE COUNTY 1980 - 2009 Population Dwellings 1980 87,182 40,915 1981 93,705 1982 99,705 1983 104,673 1984 109,833 1985 114,738 1986 119,960 1987 126,105 1988 132,416 1989 139,655 1990 150,171 73,843 1991 155,368 1992 159,302 1993 163,831 1994 167,833 1995 172,212 1996 176,272 1997 180,338 1998 184,242 1999 188,327 2000 192,695 91,262 2001 198,211 95,384 2002 205,340 100,536 2003 211,898 105,688 2004 226,216 111,354 2005 240,039 117,020 2006 259,315 125,519 2009 Impact Fee Update - Sept 17, 2009 - 12 - TABLE II-2 POPULATION AND DWELLING UNITS ST LUCIE COUNTY 1980 - 2009 Population Dwellings 2007 271,961 131,640 2008 276,585 133,878 2009* 279,351 135,217 SOURCE: Florida Office of Economic and Demographic Research. *Estimated an economic recession. This is not the first nor will it be the last recession. This recession is somewhat unique in that it followed an unsustainable boom in new constriction, the result of which has been a significant inventory of houses for sale. Growth has been an important component of Florida's and St Lucie County's econo- mies. This has been the case for a number of years. History has shown that economic recovery will follow this recession. Of course, no one knows when this recovery will begin or how long it will take to absorb the existing inventory. Figure 1 shows the population growth per year by decade for the State of Florida. These data show that there have been ups and downs before and most likely there will be again. But every down has been followed by an up. And the up to come is what St Lucie County must be planning for. Annual Population Growth State of Florida 1900 - 2000 350,000 300,000 250,000 200,000 -` 150,000 , 100.000 50,000 r7 1 0 00 20 40 60 80 2009 Impact Fee Update - Sept 17, 2009 - 13 - II. Roads The need for road improvements is one of the most important and most expensive facing a growing community. St Lucie County has prepared a Capital Improve- ment Program (CIP) showing the roads that will need improvement in order to accommodate the anticipated growth. This program is summarized in Table II-1. These proposed road improvements are presented here for the sole purpose of calculating a St Lucie County road improvement cost per lane -mile. The relevant - cost is the cost to St Lucie County to expand the arterial and collector road system by one lane -mile. This is calculated by summing the County's anticipated road expansion costs and then dividing by the number of additional lane -miles. Table 11-1 ROAD IMPROVEMENT COSTS ST LUCIE COUNTY Capacity Enhancements Total Cost Lane Miles Cost per Lane Mile Jenkins Road (Orange to Kings) $12,000,000 21.23 Jenkins Road Extension — Design $1,600,000 11.08 Jenkins Rd 10 Mile To Edwards $5,500,000 2.19 Jenkins Road $19,100,000 34.50 $553,623 Taylor Dairy Extension — Design $500,000 20.95 Indrio Road Widening Design Plans $1,500,000 8.27 Indrio Road Widening $25,000,000 8.27 Indrio Road Widening R/W Acquisition $1,000,000 8.27 Indrio Road $27,500,000 8.27 $3,325,272 Kings Hwy Widening Indrio To U.S.1 Kings H Angle Road Study $1,000,000 14.18 Kings Hwy Widening Indrio To Angle) $27,500,000 15.64 Kings Hwy Widening (Angle To Okeechobee $32,000,000 Kings Indrio Intersection $8,000,000 Kings St. Lucie Blvd. Intersection $3,300,000 Kings Angle Intersection $13,215,000 Kings Orange Intersection $13,250,000 Kings Hwy. Design SR70 to U.S.1 $11,500,000 Kings Highway $109,765,000 29.82 $3,680,919 South Jenkins Road Design $500,000 6.58 Selvitz Glades Intersection $850,000 Walton Rd Phase I V Green To Lennard $4,748,926 3.05 $1,557,025 Midway Rd & Selvitz Intersection $850,000 Lennard Rd Ph 2 Walton Rd -Us 1 $2,000,000 Lennard Rd Right Of Way $17,508,737 Lennard Rd MSBU Public Share $3,082,151 Lennard Road Widening ROW $911,292 2009 Impact Fee Update - Sept 17, 2009 - 14 - Table II-1 ROAD IMPROVEMENT COSTS ST LUCIE COUNTY Capacity Enhancements Total Cost Lane Miles Cost per Lane Mile Leonard Road $23,502,180 9.91 $2,371,562 Midway Rd U.S 1-25th Construction $13,368,128 Midway Rd South 25th St. -Turnpike) $16,908,403 Midway Weatherbee Intersection $2,150,000 Midway Road - Turnpike Bride $15,000,000 West Midway Row - 25th St. to Turnpike) $1,000,000 West Midway Design Plans - 25th St. to Turnpike) $1,000,000 Midway Road $49,426,531 10.34 $4,780,129 TOTALS $236,742,637 113.08 $2,093,585 SOURCE: St Lucie County 2008-09 Capital Improvement Plan. NOTE: Knigs Highway cost updated 4 Sept 2009. The St Lucie County road capacity Expansion cost per lane -mile is $2,093,585. This datum can be compared with other counties for reasonableness. The COMPARATIVE ROAD IMPROVEMENT COST PER LANE -MILE Roads Ex ansion Cost per Lane -Mile by Jurisdiction Capacity Expansion $3,000,000 per Lane -Mile Charlotte County - Including Rights of Way Weighted Average $2,610,202 per Lane -Mile FDOT, 2005-06. - Excluding Rights of Way Capacity Expansion $3,742,827 per Lane -Mile Alachua County - Including Rights of Way Capacity Expansion $3,718,000 per Lane -Mile Palm Beach County - Excluding Rights of Way Capacity Expansion $3,834,531 per Lane -Mile Sarasota County - Including Rights of Way Capacity Expansion $3,691,133 per Lane -Mile Indian River County - Including Rights of Way Capacity Expansion $3,707,827 per Lane -Mile Lake County - Excluding Rights of Way Capacity Expansion $2,241,819 per Lane -Mile Martin County CIP - Including Rights of Way Average $3,318,292 per Lane -Mile Capacity Expansion $2,093,585 per Lane -Mile St Lucie County - Including Rights of Way The comparative costs shown, with the exception of the FDOT, are all 2008 or 2009 data, making them the most recent. St Lucie County trip length data are shown in Table II-2. These data are derived from the US Department of Transportation's National Household Travel Survey4 (NHTS) and adjusted to St Lucie County conditions. The first adjustment is for population size. The NHTS found that trip lengths increased with the size of the population of the jurisdiction. St Lucie County is considered small by the NHTS, so a reduction of 11.4% in average trip lengths is introduced to adjust to St Lucie County's size. Additionally, the NHTS reported that trip lengths decline with the 4 U. S. Department of Transportation, Federal Highway Administration, 2001 National Household Travel Survey, December 2004, http://www.osti.gov/bridge. 2009 Impact Fee Update - Sept 17, 2009 - 15 - age of the householder; this is due to the absence of the work trip among retirees. The percentage of the population 65 or over for St Lucie County is 19.6%, as contrasted with 12.6% for the nation as a whole.5 This results in a further reduc- tion of average trip lengths for St Lucie County of 8.4%. These two percentages were added together and then rounded to 20%, which is the reduction in trip length shown in Table II-2. TABLE II-2 evGRe(:F TRIP LENGTHS TRIP LENGTHS (Miles): ._ TOTAL ST LUCIE COUNTY ON ARTERIAL & COLLECTOR ROADS All Trips 10.03 8.02 6.82 To From Work 12.11 9.69 8.23 Work Related Business 28.26 22.61 19.22 Shopping 7.02 5.62 4.77 Personal Business 7.84 6.27 5.33 School/Church 6.00 4.80 4.08 Social & Recreational 11.36 9.09 7.72 Travel on Local Roads - Percent of All Travel 15.00% Residential Based Trip; Miles -- Average 6.82 Office Based Trips Miles - 40% Work and 60% Personal Business 6.49 Commercial Based Trips Miles - 20% Work and 80% Shopping 5.47 Industrial Based Trips Miles - 80% Work and 20% Average 7.95 Recreational Based Trips Miles - 100% Recreational 7.72 Short Trip Reduction Factors: Convenience Trip - Percent Reduction 80.0% Neighborhood Trip - Percent Reduction 60.0% Local Trip - Percent Reduction 50.0% Community Trip - Percent Reduction 30.0% nn.. ..f SOURCE: US Dept. of Transportation, Bureau of i ransportation citatisucs, Ouiiuiialy Ul Travel Trends: 2001 National Household Travel Survey," p. 16 & 46. US Dept. of Transportation, Federal Highway Administration, "NPTS Databook," October 2001, p. 4-35. In addition to lengths of trips, Table II-2 shows average trip length by land use and trip length reduction factors. Recent data have revealed that many high volume land uses experience shorter trip lengths than previously believed. There are four types of these trips; convenience, neighborhood, local and community. These reductions are incorporated into the trip lengths, as shown in Table II-5 through II- 8. 5 US Bureau of the Census, State and County Quick Facts, http://quickfacts.census.gov/qfd/, March 23, 2009. 2009 Impact Fee Update - Sept 17, 2009 - 16 - The capacity of a lane of roadway to accommodate traffic is shown in Table II-3. At St Lucie County's adopted level of service, each lane of roadway can accom- modate 8,250 vehicles per day. TABLE II-3 ROAD CAPACITIES ST LUCIE COUNTY Vehicles per Day at LOS D New Construction Expansion Lane Capacity - 2 Additional Lanes Collectors 7,300 7,300 Arterials 7,775 8,250 Capacity Used 8,250 SOURCE: Florida Department of Transportation, There are funds to build roads. These funds, motor fuel taxes, are shown in Table II-4. The federal and state motor fuel tax receipts are allocated to St Lucie County so they are incorporated into the funding analysis. Additionally, St Lucie County has sold bonds to fund road expansions. The debt service of this debt has been calculated as a motor fuel tax equivalent and it too in incorporated into the funding analysis. The net result is an equivalent of 28.9❑ of motor fuel taxes available to expand the road system of St Lucie County. A fleet -wide miles per gallon of 16.92 is used to calculate motor fuel consumption by lane use. This consumption by land use is multiplied by $0.289 to project annual capi- tal payments towards the St Lucie County road system. This annual amount is capitalized at 4.25% for 25 years to establish the credit that will be subtracted from road costs. TABLE II-4 AVAILABLE REVENUES AVAILABLE REVENUES: MOTOR FUEL TAXES RATE PER CENT CAPITAL CAPITAL RATE Federal $0.201 49.7% $0.100 State of Florida $0.211 43.4% $0.091 Local: 5TH & 6TH $0.02 80.0% $0.016 7TH $0.01 0.0% $0.000 8TH $0.01 0.0% $0.000 9TH $0.01 6.0% $0.001 Optional 1 $0.06 30.0% $0.018 Optional 2 $0.05 100.0% $0.050 Debt Service on Road Bonds, Motor Fuel Tax equivalent $0.01 1 100.0% $0.013 TOTAL CAPITAL = $0.289 OTHER PARAMETERS: Miles Per Gallon 16.92 Present Value, 4.25% for 25 Years 15.22 SOURCES: (1) Kimley Horn & Associates, 1989. (2) St. Lucie County Department of Community Development, August 1999. 2009 Impact Fee Update - Sept 17, 2009 - 17 - (3) Statistical Abstract of the US, 1998, p. 628, 644 & 645. (4) Florida Department of Transportation, "Florida's Transportation Tax Sources," January 1994. (5) Florida Department of Transportation, "Cost Book -- 2004," Page 6. (6) Statistical Abstract of the US 2007, Tables 1069 and 1081. NOTES: (1) The Federal tax of $.184 is reduced by $0.68 because this amount is used for deficit reduction. (2) Tax rates shown are weighted averages of gasoline and diesel fuel tax rates. TABLE II-4a MOTOR FUEL TAX EQUIVALENT Outstanding Road Debt 2/20/09 $27,775,000 Annual Debt Service @ 4.25% $1,825,221 Gas Tax Yield per Penny $1,396,909 Motor Fuel Tax Equivalent $1.31 cents per gallon SOURCE: St Lucie County, March 2009. Table II-5 through II-8 show the calculation of total and net road costs by land use. This is done by multiplying the number of vehicular trips per day by the average trip length. This is reduced to one-half to account for the fact that both the begin- ning of the trip and the end of the trip are included in the number of trips. The result is then multiplied by the percentage of those vehicular trips that are -new as distinct from existing trips that were "passing -by." The final number is the number of attributable miles of vehicular travel per day by land use. This miles of travel is divided by the capacity of a lane of road to accommodate travel to get the number of lane -miles of roadway needed to accommodate the, travel from that land use. The cost is the result of multiplying the needed lane -miles by the cost per lane - mile. Table II-5a shows the credit for revenues paid, both annual and capitalized, and the resulting net cost. The recalculated and update cost is contrasted with the existing impact fee, with the percentage change also shown. 2009 Impact Fee Update - Sept 17, 2009 - 18 - TABLE II-5 ROAD IMPROVEMENTS IMPACT FEE ST LUCIE COUNTY - MAINLAND LAND USE TYPE (UNIT) TRIP RATE TRIP LENGTH % NEW TRIPS LANE- MILES ROAD COST RESIDENTIAL: Single Family 9.20 6.82 100.0% 0.00380 $7,956 Mobile Home/Rec. Vehicle 4.60 6.82 100.0% 0.00190 $3,978 Multi -Family 1 & 2 Story 6.70 6.82 100.0% 0.00277 $5,799 Multi -Family 3 + Stories 3.50 6.82 100.0% 0.00145 $3,036 Hotel/Motel - Room 10.10 5.80 85.0% 0.00302 $6,323 Bed & Breakfast - Room 4.90 5.80 100.0% 0.00172 $3,601 All Other Residential 9.20 6.82 100.0% 0.00380 $7,956 OFFICE AND FINANCIAL PER 1,000 FTz: General Office 11.10 6.49 50.0% 0.00218 $4,564 Medical Office 54.60 2.73 33.3% 0.00301 $6,302 RETAIL PER 1,000 FT-: Under 100,000 FT 61.50 2.19 50.0% 0.00407 $8,52.1 100,000-499,999 FT 37.95 2.73 67.0% 0.00421 $8,814 500,000 & Over 26.25 3.83 77.7% 0.00473 $9,903 GASOLINE SERVICES: Service Station Per Position 168.56 1.09 20.0% 0.00223 $4,669 INDUSTRIAL PER 1,000 FTz: Warehouse 2.44 7.95 50.0% 0.00059 $1,235 Truck Terminal 4.93 7.95 50.0% 0.00119 $2,491 General Industrial 2.72 7.95 50.0% 0.00065 $1.361 INSTITUTIONAL: School - Elem. Per 1,000 FTz 12.03 4.08 50.0% 0.00149 $3,119 School - Middle/High Per 1,000 FT 11.92 4.08 50.0% 0.00147 $3,078 Day Care Per 1,000 FTz 79.26 1.09 25.0% 0.00131 $2,743 Fraternal OM. Per 1,000 FTz 9.11 7.72 50.0% 0.00213 $4,459 Hospital Per 1,000 FTz 16.78 6.49 50.0% 0.00330 $6,909 Nursing Home Per 1,000 FT 3.72 5.33 50.0% 0.00060 $1,256 Library Per 1,000 FT 54.00 5.33 25.0% 0.00436 $9.128 RECREATIONAL: Park Public Per Acre 2.28 7.72 50.0% 0.00053 $1,110 Recreation Facility all Per 1,000 FTz 3.10 7.72 50.0% 0.00073 $1,528 Golf Course Per Acre 5.04 7.72 50.0% 0.00118 $2,470 Movie Theatres per Seat 1.75 1.93 50.0% 0.00010 $209 SOURCES: Trip Generation Rates - Kimley-Horn & Associates, 1989, and Institute of Transportation Engineers (ITE), Trip Generation, 7th Edition, 2003. Kimley-Horn & Associates, 1989, US Dept. of Transportation, Bureau of Transportation Statistics, "Summary of Travel Trends: 2001 National Household Transportation Study," p. 16 & 46, and US Dept. of Transportation, Federal Highway Administration, "NPTS Databook," October 2001, p. 4-35. 2009 Impact Fee Update - Sept 17, 2009 - 19 - TABLE II-5a ROAD IMPROVEMENT COST ST LUCIE COUNTY - MAINLAND LAND USE TYPE/UNIT ANNUAL PAYMENT CREDIT NET COST EXISTING FEE % CHANGE RESIDENTIAL: Single Family $230 $3,504 $4,452 $2,324 91.6% Mobile Home/Rec. Vehicle $115 $1,752 $2,226 $1,161 91.8% Multi -Family 1 & 2 Story $168 $2,553 $3,246 $1,693 91.8% Multi -Family 3 + Stories $88 $1,334 $1,702 $885 92.3% Hotel/Motel - Room $183 $2,782 $3,541 $2,201 60.9% Bed & Breakfast - Room $104 $1,585 $2,016 $1,069 88.6% All Other Residential $230 $3,504 $4,452 $1,658 168.5% OFFICE AND FINANCIAL PER 1,000 FTz: General Office $132 $2,011 $2,553 $1,421 Medical Office $182 $2,773 $3,529 $6,358 RETAIL PER 1,000 FTz: Under 100,000 FT $247 $3,755 $4,766 $3,017 58.0% 100,000-499,999 FT $255 $3,882 $4,932 $2,858 72.6% 500,000 & Over $286 $4,358 $5,545 $2,796 98.3% GASOLINE SERVICES: Service Station Per Position $135 $2,060 $2,609 $7,987 -67.3% INDUSTRIAL PER 1,000 FTz: Warehouse $36 $541 $694 $467 48.5% Truck Terminal $72 $1,096 $1,395 $942 48.1% General Industrial $40 $603 $758 $520 45.9% INSTITUTIONAL: School - Elem. Per 1,000 FT $90 $1,373 $1,746 $1,282 36.2% School - Middle/High Per 1,000 FT $89 $1,360 $1,718 $1,270 35.3% Day Care Per 1,000 FT $80 $1,210 $1,533 $4,211 -63.6% Fraternal Or . Per 1,000 FTz $129 $1,963 $2,496 $971 157.0% Hospital Per 1,000 FT $200 $3,042 $3,867 $1,787 116.4% Nursing Home Per 1,000 FT $36 $555 $701 $397 76.7% Library Per 1,000 FT $264 $4,019 $5,109 $2,876 77.6% RECREATIONAL: Park Public Per Acre $32 $493 $617 $242 155.5% Recreation Facility all Per 1,000 FT $44 $669 $859 $330 160.3% Golf Course Per Acre $71 $1,087 $1,383 $536 158.0% Movie Theatres per Seat $6 $92 $117 $46 155.4% 2009 Impact Fee Update - Sept 17, 2009 - 20 - The data presented in Table II-1 provide a convenient opportunity to update the road impact fees applicable to Hutchinson Island. Several studies have shown that travel parameters for new developments on Hutchinson Island are different from those of the mainland. For that reason St Lucie County has maintained three separate impact fee schedules of the island; one for North Island, one for South Island and one for Ft Pierce Island. Following are updated road impact fee schedules for the three island zones that apply the cost per VMT to the unique travel characteristics of the island's zones. 2009 Impact Fee Update - Sept 17, 2009 - 21 - TABLE II-6 ROADS IMPROVEMENTS IMPACT FEE ST LUCIE COUNTY - NORTH ISLAND LAND USE TYPE (UNIT) RESIDENTIAL: Single Family Mobile Home/Rec. Vehicle Multi -Family 1 & 2 Story Multi -Family 3 + Stories Hotel/Motel - Room Bed & Breakfast - Room All Other Residential OFFICE AND FINANCIAL PER 1,000 FT2: General Office Medical Office RETAIL PER 1,000 FT2: Under 100,000 FT2 100,000-499,999 FT2 500,000 & Over GASOLINE SERVICES: Service Station Per Position INDUSTRIAL PER 1,000 FT2: Warehouse Truck Terminal General Industrial INSTITUTIONAL: School - Elem. Per 1,000 FT2 School - Middle/High Per 1,000 FT2 Day Care Per 1,000 FT2 Fraternal Or . Per 1,000 FT2 Hospital Per 1,000 FT2 Nursing Home Per 1,000 FT2 Library Per 1,000 FT2 RECREATIONAL: Park (Public) Per Acre Recreation Facility (all) Per 1,000 FT2 Golf Course Per Acre Movie Theatres per Seat TRIP TRIP RATE LENGTH 5.20 9.63 2.70 9.63 2.80 9.63 4.50 9.63 10.10 8.17 5.20 8.17 5.20 9.63 11.10 2.21 54.60 0.93 61.50 0.69 37.95 0.86 26.25 1.20 168.567 0.34 2.44 2.96 4.93 2.96 2.72 2.96 12.03 1.52 11.92 1.52 79.26 0.41 9.11 2.87 16.78 2.42 3.72 1.98 54.00 1.98 2.28 3.75 3.10 3.25 5.04 2.87 1.75 0.72 % NEW LANE - TRIPS MILES 100.0% 0.00303 100.0% 0.00158 100.0% 0.00163 100.0% 0.00263 85.0% 0.00425 100.0% 0.00257 100.0% 0.00303 50.0% 0.00074 33.3% 0.00103 50.0% 0.00128 67.0% 0.00132 77.7% 0.00148 20.0% 0.00070 50.0% 0.00022 50.0% 0.00044 50.0% 0.00024 50.0% 0.00055 50.0% 0.00055 25.0% 0.00049 50.0% 0.00079 50.0% 0.00123 50.0% 0.00022 25.0% 0.00162 50.0% 0.00026 50.0% 0.00031 50.0% o.00044 50.0% 0.00004 2009 Impact Fee Update - Sept 17, 2009 - 22 - ROAD COST $6,344 $3,308 $3.413 $6,344 $1,549 $2,156 764 099 1 $461 3,392 $544 $649 j$921 $84 TABLE II-6a Rnnn IMPRnVFMFNT COST ST LUCIE COUNTY - NORTH ISLAND ------ ----- --- -- RESIDENTIAL: ANNUAL PAYMENT CREDIT NET COST EXISTING FEE 016 CHANGE RESIDENTIAL: Single Family $184 $2,795 $3,549 $2,148 65.3% Mobile Home/Rec. Vehicle $95 $1,453 $1,855 $1,114 66.5% Multi -Family 1 & 2 Story $99 $1,505 $1,908 $1,858 2.7% Multi -Family 3 + Stories $159 $2,421 $3,085 $1,156 167.0% Hotel/Motel - Room $257 $3,917 $4,981 $3,591 38.7% Bed & Breakfast - Room $156 $2,372 $3,009 $1,849 62.7% All Other Residential $184 $2,795 $3,549 $2,765 28.4% OFFICE AND FINANCIAL PER 1,000 FT2: Gene'ralOffice $45 $687 $862 $560 53.9% Medical Office $62 $946 $1,210 $2,506 -51.7% RETAIL PER 1,000 FT2: Under 100,000 FT $78 $1,180 $1,500 $1,692 -11.3% 100,000-499,999 FT2 $80 $1,219 $1,545 $1,393 j 10.9% 500,000 & Over $90 $1,364 $1,735 $1,203 44.2% GASOLINE SERVICES: Service Station Per Position $43 $647 $819 $2,900 -71.8% INDUSTRIAL PER 1,000 FT2: Warehouse $13 $202 $259 $100 159.2% Truck Terminal $27 $405 $516 $203 154.2% General Industrial $15 $224 $278 $112 147.4% INSTITUTIONAL: School - Elem. Per 1,000 FT $34 $511 $640 $552 16.0% School - Middle/High Per 1,000 FT $33 $506 $645 $529 22.0% DaV Care Per 1,000 FT2 $30 $449 $577 $1,816 -68.2% Fraternal Or . Per 1,000 FT $48 $731 $923 $418 120.6% Hospital Per 1,000 FT $74 $1,131 $1,444 $769 87.7% Nursing Home Per 1,000 FT $14 $207 $254 $169 50.6% Library Per 1,000 FT $98 $1,497 $1,895 $1,238 53.1% RECREATIONAL: Park Public Per Acre $16 $238 $306 $105 191.0% Recreation Facility all Per 1,000 FT2 $19 $282 $367 $143 157.3% Golf Course Per Acre $27 $405 $516 $231 123.3% Movie Theatres per Seat $2 $35 $49 $19 161.5% 2009 Impact Fee Update - Sept 17, 2009 - 23 - TABLE II-7 ROAD IMPROVEMENTS IMPACT FEE ST LUCIE COUNTY - FORT PIERCE ISLAND LAND USE TYPE (UNIT) TRIP RATE TRIP LENGTH % NEW TRIPS LANE- MILES ROAD COST RESIDENTIAL: Single Family 7.50 7.69 100.0% 0.00350 $7,328 Mobile Home/Rec. Vehicle 4.60 7.69 100.0% 0.00214 $4,480 Multi -Family 1 & 2 Story 3.50 7.69 100.0% 0.00163 $3,413 Multi -Family 3 + Stories 6.70 7.69 100.0% 0.00312 $6,532 Hotel/Motel - Room 10.10 6.54 85.0% 0.00340 $7,118 Bed & Breakfast - Room 4.90 6.54 100.0% 0.00194 $4,062 All Other Residential 7.50 7.69 100.0% 0.00350 $7,328 OFFICE AND FINANCIAL PER 1,000 FT2: General Office 11.10 1.69 50.0% 0.00057 $1,193 Medical Office 54.60 0.71 33.3% 0.00078 $1,633 RETAIL PER 1,000 FT2: Under 100,000 FT2 61.50 0.79 50.0% 0.00147 $3,078 100,000-499,999 FT2 37.95 0.87 67.0% 0.00135 $2,826 500,000 & Over 26.25 1.07 77.7% 0.00132 $2,764 GASOLINE SERVICES: Service Station Per Position 168.56 0.51 20.0% 0.00105 $2,198 INDUSTRIAL PER 1,000 FT2: Warehouse 2.44 1.91 50.0% 0.0001 $$293 Truck Terminal 4.93. 1.91 50.0% 0.00028 $586 General Industrial 2.72 1.91 50.0% 0.00016 $335 INSTITUTIONAL: School - Elem. Per 1,000 FT2 12.03 0.49 50.0% 0.0o018 $377 School - Middle/High Per 1,000 FT2 11.92 1.14 50.0% 0.00041 $858 Day Care Per 1,000 FT2 79.26 0.31 25.0% 0.00037 $775 Fraternal Or . Per 1,000 FT2 9.11 2.16 50.0% 0.00060 $1,256 Hospital Per 1,000 FT2 16.78 0.78 50.0% 0.00040 $837 Nursing Home Per 1,000 FT2 3.72 1.49 50.0% 0.00017 $356 Library Per 1,000 FT2 54.00 1.49 25.0% 0.00122 $2,554 RECREATIONAL: Park Public Per Acre 2.28 2.16 50.0% 0.00015 $314 Recreation Facility all Per 1,000 FT2 3.10 2.16 50.0% 0.00020 $419 Golf Course Per Acre 5.04 2.16 50.0% 0.00033 $691 Movie Theatres per Seat 1.75 0.48 50.0% 0.00003 $63 2009 Impact Fee Update - Sept 17, 2009 - 24 - TABLE 11-7a ROAD IMPROVEMENT COST ST LUCIE COUNTY - FT PIERCE ISLAND RESIDENTIAL: ANNUAL PAYMENT CREDIT NET COST EXISTING FEE % CHANGE RESIDENTIAL: Single Family $212 $3,222 $4,106 $1,823 125.3% Mobile Home/Rec. Vehicle $130 $1,976 $2,504 $656 281.8% Multi -Family 1 & 2 Story $99 $1,505 $1,908 $1,482 28.7% Multi -Family 3 + Stories $189 $2,879 $3,653 $607 501.9% Hotel/Motel - Room $206 $3,134 $3,984 $2,116 88.2% Bed & Breakfast - Room $118 $1,791 $2,271 $1,026 121.3% All Other Residential $212 $3,222 $4,106 $1,628 152.2% OFFICE AND FINANCIAL PER 1,000 FT2: General Office $34 $524 $669 $271 147.2% Medical Office $47 $722 $911 $1,216 -25.1 % RETAIL PER 1,000 FT2: Under 100,000 FT2 $89 $1,351 $1,727 $821 110.3% 100,000-499,999 FT $82 $1,241 $1,585 $675 135.0% 500,000 & Over $80 $1,219 $1,545 $585 164.1% GASOLINE SERVICES: Service Station Per Position $64 $968 $1,230 $2,813 -56.3% INDUSTRIAL PER 1,000 FT2: Warehouse $8 $128 $165 $50 230.2% Truck Terminal $17 $264 $322 $98 229.1 % General Industrial $10 $145 $190 $55 244.4% INSTITUTIONAL: School - Elem. Per 1,000 FT $11 $163 $214 $113 88.7% School - Middle/High Per 1,000 FT2 $25 $379 $479 $265 80.4% Day Care Per 1,000 FT2 $22 $339 $436 $881 -50.5% Fraternal Or . Per 1,000 FT2 $36 $550 $706 $203 247.8% Hospital Per 1,000 FT2 $24 $365 $472 $155 204.3% Nursing Home Per 1,000 FT $10 $154 $202 $84 140.5% Library Per 1,000 FT $74 $1,127 $1,427 $603 136.8% RECREATIONAL: Park Public Per Acre $9 $137 $177 $51 247.0% Recreation Facility all Per 1,000 FT $12 $189 $230 $69 234.8% Golf Course Per Acre $20 $304 $387 $113 241.2% Movie Theatres per Seat $1 $22 $41 $3 1212.8% 2009 Impact Fee Update - Sept 17, 2009 - 25 - TABLE II-8 ROAD IMPROVEMENTS IMPACT FEE ST LUCIE COUNTY - SOUTH ISLAND LAND USE TYPE (UNIT) TRIP RATE TRIP LENGTH % NEW TRIPS LANE- MILES ROAD COST RESIDENTIAL: Single Family 7.50 7.22 100.0% 0.00328 $6,867 Mobile Home/Rec. Vehicle 4.60 7.22 100.0% 0.00201 $4,208 Multi -Family 1 & 2 Story 3.50 7.22 100.0% 0.00153 $3,203 Multi -Family 3 + Stories 6.70 7.22 100.0% 0.00293 $6,134 Hotel/Motel - Room 10.10 6.19 85.0% 0,00322 $6,741 Bed & Breakfast - Room 4.90 6.19 100.0% 0.00184 $3,852 All Other Residential 7.50 7.22 100.0% 0.00328 $6,867 OFFICE AND FINANCIAL PER 1,000 FT2: General Office 11.10 1.93 50.0% 0.00065 $1,361 Medical Office 54.60 0.81 33.3% 0.00o90 $1,884 RETAIL PER 1,000 FT2: Under 100,000 FT2 61.50 0.60 50.0% 0.00112 $2,345 100,000-499,999 FT2 37.95 0.75 67.0% 0.00116 $2,429 500,000 & Over 26.25 1.05 77.7% 0.00130 $2,722 GASOLINE SERVICES: Service Station Per Position 168.56 0.60 20.0% 0.00123 $2,575 INDUSTRIAL PER 1,000 FT2: Warehouse 2.44 2.59 50.0% 0.0o019 $398 Truck Terminal 4.93 2.59 50.0% 0.00039 $816 General Industrial 2.72 2.59 50.0% 0.00021 $440 INSTITUTIONAL: School - Elem. Per 1,000 FT2 12.03 1.33 50.0% 0.00048 $1,005 School - Middle/High Per 1,000 FT2 11.92 1.33 50.0% 0.00048 $1,005 Day Care Per 1,000 FT2 79.26 0.36 25.0% 0.00043 $900 Fraternal Or . Per 1,000 FT2 9.11 2.52 50.0% 0.00069 $1,445 Hospital Per 1,000 FT2 16.78 2.11 50.0% 0.00107 $2,240 Nursing Home Per 1,000 FT2 3.72 1.74 50.0% 0.00020 $419 Library Per 1,000 FT2 54.00 1.74 25.0% 0.00142 $2,973 RECREATIONAL: Park Public Per Acre 2.28 3.28 50.0% 0.00023 $482 Recreation Facility all Per 1,000 FT2 3.10 2.85 50.0% 0.00027 $565 Golf Course Per Acre 5.04 2.52 50.0% 0.00038 $796 Movie Theatres per Seat 1.75 0.48 50.0% 0.00003 $63 2009 Impact Fee Update - Sept 17, 2009 - 26 - TABLE III-8a Rnnn IMPROVFMFNT COST ST LUCIE COUNTY - SOUTH ISLAND LAND USE TYPE/UNIT RESIDENTIAL: Single Family Mobile Home/Rec. Vehicle Multi -Family 1 & 2 Story Multi -Family 3 + Stories Hotel/Motel - Room Bed & Breakfast - Room All Other Residential OFFICE AND FINANCIAL PER 1,000 FT2: General Office Medical Office RETAIL PER 1,000 FT2: Under 100,000 FT 100,000-499,999 FT 500,000 & Over GASOLINE SERVICES: Service Station Per Position INDUSTRIAL PER 1,000 FT2: Warehouse Truck Terminal General Industrial INSTITUTIONAL: School - Elem. Per 1,000 FT School - Middle/High Per 1,000 FT Day Care Per 1,000 FT Fraternal Or . Per 1,000 FT Hospital Per 1,000 FT Nursing Home Per 1,000 FT Library Per 1,000 FT2 RECREATIONAL: Park Public Per Acre Recreation Facility all Per 1,000 FT Golf Course Per Acre Movie Theatres per Seat ANNUAL PAYMENT CREDIT NET COST EXISTING FEE $199 $3,024 $3,843 $2,3Z $122 $1,857 $2,351 $83E $93 $1,413 $1,790 $1,88E $178 $2,703 $3,431 $77Z $195 $2,971 $3,770 $2,72,- $111 $1,695 $2,157 $1,321 $199 $3,024 $3,843 $2,07,e $39 $599 $762 $49( $54 $828 $1,056 $2,19: $68 $1,030 $1,315 $1,48- $70 $1,065 $1,364 $1,21� $79 $1,197 $1,525 $1,05, $74 $1,131 $1,444 $5,07E $12 $176 $222 $81 $23 $357 $459' $17, $13 $198 $242 $91 $30 $449 $556 $47! $29 $445 $560 $471 $26 $396 $504 $1,59' $42 $638 $807 $36' $65 $990 $1,250 $67: $12 $181 $238 $141 $86 $1,307 $1,666 $1,08, $14 $207 $275 $9 $16 $247 $318 $12, $23 $352 $444 $20, $1 $22 $41 $1 CHANGE 65.5% 181.2% -5.2% 343.6% 38.5% 63.3% 85.3% 55.4% -51.8% -11.2% 11.9% 44.8% -71.6% 150.9% 159.4% 147.3% 16.1% 17.2% -68.3% 119.6% 85.6% 59.9% 53.7% 203.5% 156.7% 118.7% 146.2% 2009 Impact Fee Update - Sept 17, 2009 - 27 - 2 H D O U) U)0 W Z W Q LL 013 QZ OLU � 0— W QO W M CL (0 � ~OLL Z Q Q Z Z J y = W ~ O Z o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 of U) N N cD U) M M V c0 N m cq CO m V Cl? 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TABLE II-9 EXISTING ROAD IMPACT FEES IN FLORIDA COUNTIES County Road/Trans Alachua 1 $2,798 Bay $2,352 Bradford $2,500 Brevard $4,353 Charlotte $5,080 Citrus $4,853 Clay 2 $5,814 Collier $8,884 Columbia $1,046 DeSoto $4,750 Fla ler $1,438 Gilchrist $1,750 Glades $3,363 Hendry$2,490 Hernando $3,627 Highlands $6,594 Hillsborough $1,475 Indian River $5,202 Lake $2,189 Lee $8,976 Le $1,046 Manatee $7,013 Marion $5,462 Martin $2,891 Miami/Dade $1,275 Monroe $633 Nassau $1,430 Orange $3,500 Osceola $6,877 Palm Beach $4,822 Pasco $5,313 Pinellas $1,923 Polk $5,844 Putnam $2,290 Santa Rosa $2,237 Sarasota $8,515 Seminole $1,061 St Lucie $2,324 St. Johns $3,830 Sumter $1,996 2009 Impact Fee Update - Sept 17, 2009 - 30 - TABLE 11-9 EXISTING ROAD IMPACT FEES IN FLORIDA COUNTIES Volusia $2,044 Wakulla $522 Mean $3,628 Median $2,845 St Lucie Mainland Revised $4,452 2009 Impact Fee Update - Sept 17, 2009 - 31 - III. Public Buildings Table III-1 shows the inventory of St Lucie County public buildings. This table also shows the size of the buildings, the replacement cost, and the value of contents. These data show a cost per square foot or floor area of $164.28. This is within a reasonable range for public Public Buildings Value: Building $143,250,650 Contents $26,722,600 Land na Total $169,973,250 Area 1,034,663 per Square Foot: Building $138.45 Contents $25.83 Total $164.28 buildings. Data from Engineering'New Record report a per�foot construction cost for office buildings of $177.16 in 2008 and $151.56 for 2009.6 This may be con- trasted with $138.45 for St Lucie County. The level of service provided is 3.70 square feet of floor area per capita. It should be kept in mind that this number includes court and correction facilities in addition to the general administrative spaces. The cost per capita is $608.46. However, St Lucie County has $88 million in outstanding public buildings debt. New develop- ments will pay to service and retire this debt. Thus, outstanding debt is subtracted from the total value to get a net of $84,688,220. This is $303.16. This cost will be used to establish net costs and recommended impact fees. 6 Engineering News Record, Square Foot Costs Book, 2008 and 2009, published by McGraw-Hill. 2009 Impact Fee Update - Sept 17, 2009 - 32 - Id 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 69). 69 0 0 0 0 0 0 0 0 O 0 00 0 O O V O 00 M M N U) M r O r O r 00 O_ C) (D (01-- f` O C Ln 46 r-:O M d O (3 O O CD ao M O N O O O (D M r M w � 00 O M O N M (D N C:)In LO 69 (A M M 0 69 O N O (D r r N 04 69 tt N r 69 69 C M r Ln N Ln N r r Cl) � 1� EA E9 69 EA (» EA 6v 69 69 O i V N 69 N 6q 69 69 64 613, 69 0 0 Cl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 N 0 N 0 m 0 Ln O O r� �_ O d M O M O N 0 0 0 o O O O E ++ Cy) c,) 0 0 Co 0 N I- I- M M R o CM (D 6Ln � N N O Ln O N M 0 0 V O I- M 0) O M Lo M (D 0) CDL(') Lo -,r(O 00 rn 't 00 69 (0 O 00 (D N N 0)Nfi CV) (A 69 O M 0) 0) Ln N r- C)Ln � 00 69 6-i 6R 6 )' r r (o r ldV 00 I, Ln M 4 Ln (M O r N ER E9 O. 69 (A (A r r E9 E9 CY) r r 6q d4 E9 a) (fl 69 (A (A r (D M M O N ti 0 CO O O C h 00 't N O M N O O O O Ln Ln M In L9 "T N O O N Ln O M N N (D (D ao (D L() O (O 0 O h O N M (D r 00 N r r- M T .+ LL N O m Ln O Ln Ln "t Ln I- r- M Ln O Il O Ln (O N Ln N Ln r t` I- 1- ('M --t N 00 Ih LO O m M T D) N N r N Ln r � I I N I ` U ` U cn U) (D x x x x c O c o y E o (D a) @ I c aci . aci Z E E E E a`) a`) U) U) cn U) o O> o 0 0 0 Q O O Q O� U U_ _U U O c c U U U c c c c > > U o 0 oO i 0 c Nc6 at`D afLD ov n n n •iO a a) a cocccn n J �_C (CO C C L L L L L c6 • - 'C L C C C C C 7 7 7 N a) 7 7 7 75 C C C C C � � j � � 7 o 7 O 7 o 7 O O o o E E O o O O O O O O N O O O U (On _r_ (n L U) U U U U U U U W W (n (n (n cn U) U U U U J U U ) Q to N N c 03 a O O (n m 7 Q °� co w L 'V r N a) a) -OO a c � *t at c c c o c � a) a) c U)m a) a U '� o @ m 06 (Da CD a)0 L 3 m0. cl N U U m C x 7 Z U x m 7 S� U C c w (n r N O O C 0 d a a 7 c t) x a) O c (6 Ot t o 0 o U c O m C N m m Q C tN C Q N � a) c a) c N N o (0 -Co. a O O w a) a) N r C C Q '� � 'C 'C N m r N N O N _ L6 0 a-` O O O N O C U @ V U C C O a (N U @ a N c U 0 c o o a a E m m U m _ U Q O o Y 0 o Q a >a. m otS m m C C U L O tC_ C U U U U tl Q> a U Y Y 'E J� L m c c>> 3 3 0 a) a) m m m E 5 a`) W W w 0 d Q Q cn U U (0 U Fo H W W Z Z W Z d Z IL M 0) C C N ti Q N N m Q N N LL U C6 Q E O O O N F- U G Q Z j ? �j m U cn a O O O O O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 LO cc 0 N — cc y 0 0 O 0 '7 0 M O O CA CA M O O N � O N �. c d M O M O N O 00 I� (A CA O M I� Ta M O O O CO O O Cl) ID 7 (n 69 - V 69 u") Cl)69 to ! 9 M Eft O 69 N 69 O � � M � 6M 64 CA 69 N (D 64 O 7 u � p '= m LO 010 U 69 69 - m U 0. 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Vehicle 0.686 $417.16 $207.85 Multi -Family 1 & 2 Story 0.934 $568.06 $283.03 Multi -Family 3 + Stories 0.934 $568.06 $283.03 Hotel/Motel - Room 0.700 $425.92 $212.21 Bed & Breakfast - Room 0.700 $425.92 $212.21 All Other Residential 1.047 $636.93 $317.35 OFFICE AND FINANCIAL PER 1,000 FT2: General Office 0.923 $561.30 $279.67 Medical Office 1.727 $1,050.86 $523.58 RETAIL PER 1,000 FT2: Under 100,000 FT 1.361 $827.81 $412.45 100,000-499,999 FT 1.564 $951.36 $474.01 500,000 & Over 1.242 $755.82 $376.58 GASOLINE SERVICES: Service Station Per Position 0.297 $180.98 $90.17 INDUSTRIAL PER 1,000 FT2: Warehouse 0.132 $80.06 $39.89 Truck Terminal 0.308 $187.69 $93.52 General Industrial 0.211 $128.45 $64.00 INSTITUTIONAL: School - Elem. Per 1,000 FT' 1.396. $849.53 $423.27 School - Middle/High Per 1,000 FT 1.388 $844.78 $420.91 Day Care Per 1,000 FT 0.903 $549.55 $273.81 Fraternal Or . Per 1,000 FT 0.819 $0 $0 Hospital Per 1,000 FT 1.106 $672.90 $335.27 Nursing Home Per 1,000 FT' 0.936 $569.52 $283.76 Library Per 1,000 FT2 1.407 $856.19 $426.59 RECREATIONAL: Park Public Per Acre 0.320 $194.76 $97.04 Recreation Facility all Per 1,000 FT 0.428 $260.24 $129.66 Golf Course Per Acre 0.703 $427.85 $213.17 Movie Theatres per Seat 0.163 $99.25 $49.45 The per capita cost for additional public buildings is $303.16. This cost is spread over both the residential and non-residential sectors by means of functional popu- lation. Because impact fees are land development regulations, the requirement to pay impact fees is tied to a land use approval. Thus it is necessary to identify the relationship between land development and public buildings. The St Lucie County population that is served by public buildings includes people in their homes, em- 2009 Impact Fee Update - Sept 17, 2009 - 35 - ployees at work, customers at places of business, and drivers on the roads. To a great extent, these are the same people but in different locations. That is why the total growth cost is divided by the new population. But the total per capita cost is allocated between the residential and non-residential sectors based on their time spent at various uses of land. The total population of St Lucie County in 2009 is 279,351. This is also the func- tional population. The residents are assigned individual land uses based on the total number of people present at various land uses and the amount of time that they spend there. The function populations by land use for St Lucie Count are shown in Table IV-3. TABLE IV-3 f1UAKJr_9: IM PIIRI IC RUILDING COSTS LAND USES Existing Fee Revised % Chan e Family $392 $317 -19% —Single Mobile Home/Rec. Vehicle $256 $208 -19% Multi -Family 1 & 2 Story $350 $283 -19% Multi -Family 3 + Stories $350 $283 -19% Hotel/Motel - Room $253 $212 -16% Bed & Breakfast - Room $253 $212 -16% All Other Residential $392 $317 -19% OFFICE AND FINANCIAL PER 1,000 FT2: General Office $440 $280 -36% Medical Office $703 $524 -25% RETAIL PER 1,000 FT2: Under 100,000 FT $494 $412 -17% 100,000-499,999 FT $569 $474 -17% 500,000 & Over $414 $377 -9% GASOLINE SERVICES: Service Station Per Position $71 $90 27% INDUSTRIAL PER 1,000 FT2: Warehouse $62 $40 -36% Truck Terminal $125 $94 -25% General Industrial $100 $64 -36% INSTITUTIONAL: School - Elem. Per 1,000 FT' $563 $423 -25% School - Middle/High Per 1,000 FT $2,490 $421 -83% Day Care Per 1,000 FT $302 $274 -9% Fraternal Or . Per 1,000 FT' $0 $0 _0% Hospital Per 1,000 FT' $470 $335 -29% Nursing Home Per 1,000 FT $507 $284 -44% Library Per 1,000 FT' $709 $427 -40% RECREATIONAL: Park Public Per Acre $71 $97 37% 2009 Impact Fee Update - Sept 17, 2009 - 36 - TABLE IV-3 CHANGE IN PI1R1 Ir Rl m nimr. r_ncTQ LAND USES Existing Fee Revised % Change Recreation Facility all Per 1,000 FT $89 $130 46% Golf Course Per Acre $183 $213 16% Movie Theatres per Seat $80 $49 -38% 2009 Impact Fee Update - Sept 17, 2009 - 37 - Table IV-3 FUNCTIONAL POPULATION ST LUCIE COUNTY LAND USES Total Persons Employees Hours per Visitor Days per Week Functional Population Single Family 2.617 1.047 Mobile Home/Rec. Vehicle 1.714 0.686 Multi -Family 1 & 2 Story 2.334 0.934 Multi -Family 3 + Stories 2.334 0.934 Hotel/Motel - Room 1.750 0.700 Bed & Breakfast - Room 1.750 0.700 All Other Residential 1 2.617 1.047 OFFICE AND FINANCIAL PER 1,000 FT2: General Office 7.32 3.00 0.50 6.00 0.92 Medical Office 30.03 4.00 1.00 5.00 1.73 RETAIL PER 1,000 FT2: Under 100,000 FT2 36.90 3.75 0.08 7.00 1.36 100,000-499,999 FT2 24.67 3.50 0.45 7.00 1.56 500,000 & Over 18.38 2.75 0.50 7.00 1.24 GASOLINE SERVICES: Service Station Per Position 84.28 0.05 0.08 7.00 0.30 INDUSTRIAL PER 1,000 FT2: Warehouse 1.34 0.50 0.50 5.00 0.13 Truck Terminal 2.71 1.25 0.25 5.00 0.31 General Industrial 1.49 0.80 1.00 5.00 0.21 INSTITUTIONAL: School - Elem. Per 1,000 FT2 9.02 0.60 5.00 5.00 1.40 School - Middle/High Per 1,000 FT2 8.94 0.65 5.00 5.00 1.39 Day Care Per 1,000 FT2 59.45 0.08 0.50 5.00 0.90 Fraternal Or . Per 1,000 FT2 5.47 2.00 2.00 6.00 0.82 Hospital Per 1,000 FT2 10.07 3.10 0.25 7.00 1.11 Nursing Home Per 1,000 FT2 2.23 3.00 2.00 7.00 0.94 Libra Per 1,000 FT2 32.40 1.00 1.00 6.00 1.41 RECREATIONAL: Park Public Per Acre 2.39 0.10 3.00 7.00 0.32 Recreation Facility Per 1,000 FT2 3.26 0.10 3.00 7.00 0.43 Golf Course Per Acre 5.29 0.20 3.00 7.00 0.70 Movie Theatres per Seat 1.84 0.04 2.00 7.00 0.16 2009 Impact Fee Update - Sept 17, 2009 - 38 - The updated public buildings impact fee for a single family home is contrasted with other existing public buildings impact fees. Table IV-5 EXISTING PUBLIC BUILDING IMPACT FEES County Public Bldg Charlotte $780 Citrus $625 Collier $807 DeSoto $971 Gilchrist $1,000 Hernando $302 Indian River $206 Martin $436 Nassau $231 Palm Beach $148 Sarasota $303 St Lucie $392 St. Johns $378 Wakulla $317 Mean $493 Median $385 St Lucie Updated $317 2009 Impact Fee Update - Sept 17, 2009 - 39 - Iv. Parks &Recreation Table V-1 shows the park & recreational areas of St Lucie County and calculates the existing level of service of 5.28 acres of all types of parks per 1,000 population. The adopted level of service is 5.00 acres of parks per 1,000 population. The appraised values shown in Table V-1 are those established by the St Lucie County Property Appraiser for the current year (2008). The vales per acre by type of park are estab- lished in a three step process. First, the average value per acre is the sum of the values by type of park divided by the number of acres of that type of park. Next the average value per acre by type of park is calculated by dropping the highest and lowest parcels in terms of value per acre. The third step is to select the lower of the two averages, and this value is used the Table V-2. TABLE V -1 PARKS INVENTORY, ACREAGE AND VALUE PARK TACRES APPRAISED Average Calculation Value per Acre Acres Value INLAND PARKS Collins Park 1.0 $140,806 $140,806 1.0 $140,806 Elks Park Deed 12.4 $470,100 $37,911 12.4 $470,100 Indrio School House 8.1 $458,200 $56,568 8.1 $458,200 Lakewood Park 7.3 $420,300 $57,575 7.3 $420,300 Palm Lake/Indian River Estates 9.0 $29,600 $3,289 Low Paradise Park 3.0 $115,500 $38,500 3.0 $115,500 Ravenswood Complex 1.6 $305,700 $182,783 1.6 $305,700 Lakewood Park Regional Park 156.0 $8,621,300 $55,265 156.0 $8,621,300 Lawnwood Regional Complex 117.5 $3,281,400 $27,927 117.5 $3,281,400 Sheraton Plaza Recreation Area 5.7 $87,900 $15,421 5.7 $87,900 Weldon B. Lewis 14.4 $807,587 $56,082 14.4 $807,587 South Coun!y Regional Sports Complex 10.3 $3,550,300 $344,689 Hi h Casa Ca rona ' 2.0 Walton Community Center 0.9 WTVX Park' 20.0 Dreamland/MLK Interlocat 14.9 $1,281,900 $86,034 14.9 $1,281,900 Horatio Grisb Lease 6.3 $332,100 $52,714 6.3 $332,100 Ilous Ellis/Open Space 15.7 $918,100 $58,478 15.7 $918,100 ark Lease 4.0 $645,000 $161,250 4.0 $645,000 Park Deed 6.1 $1,460,300 I $239,393 6.1 $1,460,300 School Interlocal 7.8 $681,700 $87,397 7.8 $681,700 Recreation Area Lease 600.0 $2,019,000 $3,365 600.0 $2,019,000 INLAND PARKS M&ACCESSES 1.024.0 $25,626,793 $25,026 981.8 $22,046,893 Parks per Acre $22,456 PARKS & ACCESSES Dou lass Park 13.7 1 $6,364,356 $464,552 13.7$6,364,356 2009 Impact Fee Update - Sept 17, 2009 - 40 - TABLE V - 1 PARKS INVENTORY, ACREAGE AND VALUE PARK ACRES APPRAISED Average Calculation Value per Acre Acres Value John Brooks Park Green Turtle 22.7 $7,711,047 2.7 $7,711,047 PepperPark East -Side 52.4 $21,063,200 �96 2.4 $21,063,or Walton Rocks Beach Owned b y FPL 24.0 $284,900 $11,871 Low Waveland Beach 3.6 $2,182,200 $606,167 3.6 $2,182,200 Blind Creek Access * 14.0 Blue Heron Access * 4.3 Bryn Mawr Access * 1.3 Herman's Bay Beach Access 1.0 $1,218,800 $1,218,800 Hi h Isabella Park * 24.1 John Brooks Park (Green Turtle) (Owned by State of Florida) * 22.7 Middle Cove Beach Access 1.0 $826,682 $826,682 1.0 $826,682 Normandy Beach Access 1.0 $1,000,000 $1,000,000 1.0 $1'000,000 Dollman Beach Access 15.0 $4,331,833 $288,789 15.0 $4,331,833 TOTAL BEACH PARKS & ACCESSES 2008. $44,983,018 $224,019 109.4 $43,479,318 Beach Parks & Access per Acre $397,434 RIVER PARKS & ACCESSES River Park Marina 12.6 $1,989,000 $157,857 12.6 $1,989,000 Black Pearl 2.0 $2,294,277 $1,147,139 2.0 $2,294,277 Harbour Pointe 20.0 $11,267,800 $563,390 20.0 $11,267,800 North Causeway 11.5 $600 $52 Low Museum Pointe Park 16.6 $10,322,900 $621,861 16.6 $10,322,900 Stan Blum Boat Rams 14.0 $832,612 $59,472 14.0 $832,612 White. City Park 17.0 $681,700 $40,100 17.0 $681,700 Dollman River Side 128.7 $69,562,000 $540,497 High Pepper Park River Side 27.4 $1,033,100 $37,704 27.4 $1,033,100 TOTAL RIVER PARKS & ACCESSES 249.8 $97,983,989 1 $392,250 109.E $28,421,389 River Parks & Access per Acre $259,319 TOTAL INLAND PARKS 1,024.0 $25,626,793 $25,026 981.8 $22,456 TOTAL BEACH PARKS & ACCESSES 200.8 $44,983,018 $224,019 109.4 $224,019 TOTAL RIVER PARKS & ACCESSES 249.8 $97,983,989 $392,250 109.6 $259,319 GRAND TOTAL 1,474.5 $169,019,900 $114,629 Population Served 279,351 Level of Service per 1,000 Population - Existing 5.28 Level of Service per 1,000 Population - Adopted 5.00 SOURCE: St Lucie County, Evaluation and Appraisal Report, May 2008, and Capital Improvement Element, Adopted Nov 25, 2008, Page 9. Note: Moved North Savannas Dike to ESL -65.1 acres *The land value of these parks was not included in the calculation of average land value by type of park. Table V-2 summarizes the equipment and facilities offered at the various parks along with the replacement value of those equipment and facilities. Table V-2 also contains the value of the park and recreational lands shown in Table V-1. The total value of the 2009 Impact Fee Update - Sept 17, 2009 - 41 - St Lucie County park system amounts to $181,562,983, which is $649.95 per capita. TABLE V - 2 onDWQ 1KAMMTr1RY Amn COSTS Recreation Facilities Number Cost er Extension Tennis Courts 22 $40,000 $880,000 Shuffle/Handball/Rac uetball Courts 20 $20,000 $400,000 Basketball Courts 11 $45,000 $495,000 Ball Fields - Lit 4 $275,000 $1,100,000 Ball Fields - Unlit 55 $180,000 $9,900,000 Equipped Playgrounds 14 $100,000 $1,400,000 Large Pavilions 7 $35,000 $245,000 Small Pavilions 68 $15,000 $1,020,000 Picnic Tables/facilities 103 $2,500 $257,500 Rest Rooms 22 $80,000 $1,760,000 Covered Equestrian Area 1 $1,250,000 $1,250,000 Boat Ramp Lanes 16 $125,000 $2,000,000 Recreation Center Small less than 5,000 FT2 3 100 per FT $800,000 Regional Recreation Center Hurricane Shelter 1 200 per FT $14,000,000 Pools 4 $300,000 $1,200,000 Pool - 50 Meter 0 $2,500,000 $0 Fishing Areas/Docks 13 $100,000 $1,300,000 Beach Access with Parkin 6 $300,000 $1,800,000 Football Stadium 1 $9,000,000 $9,000,000 Park & Recreation Land Area Acres Cost per Inland Parks 1,024.0 $22,456 $22,994,519 Beach Parks & Access 200.8 $224,019 $44,983,018 River Parks & Access 249.8 $259,319 $64,777,947 TOTAL 1,474.5 Level of Service 5.00 acres Der 1,000 TOTAL VALUE OF PARK AND RECREATION $181,562,983 Population Served 279,351 Cost per Capita $649.95 Outstanding Park & Recreation Debt $18,975,318 Citizens Equity $162,587,666 Equity per Capita $582.02 Equity per Capita at Adopted Level of Service $551.29 a . ..1. F. NOTES: Land values from St Lucie County Property Appraiser. raciuues and equipment vcuuob St Lucie County Parks & Recreation Department. St Lucie County presently has $19 million in outstand debt, the proceeds of which were used to provide park and/or recreation land and facilities. Therefore this amount is subtracted from the value of parks to arrive at a Citizens' equity of $162,587,666, or $582.02 per capita. However, the adopted level of service is 5.00 acres per 1,000 population. The net cost per capita at the adopted level of service is $551.29. Table 2009 Impact Fee Update - Sept 17, 2009 - 42 - V-3 takes this per capita net figure and applies it to St Lucie County occupancy rates to arrive at up -dated park impact fees. This update would involve an increase of 180% over the existing park fee. TABLE V-3 PARK & RECREATION IMPROVEMENTS IMPACT FEE ST LUCIE COUNTY Occupancy Existing Fee Revised Fee % Change LAND USE TYPE UNIT Single Family 2.62 $515 $1,443 180.1% Mobile Home/Rec. Vehicle 1.71 $337 $945 180.2% Multi -Family 1 & 2 Story 2.33 $458 $1,287 180.9% Multi -Family 3 + Stories 2.33 $458 $1,287 180.9% Hotel/Motel - Room 1.75 $331 $965 191.4% Bed & Breakfast - Room 1.75 $331 $965 191.4% All Other Residential 2.62 $514 1 $1,443 180.5% The updated park and recreation impact fee for St Lucie County is contrasted with other park and recreation impact fees in Table V-5. TABLE V-5 PARK IMPACT FEES FLORIDA COUNTIES County Parks Wakulla $53 Lev $150 Lake $222 Putnam $227 Alachua $252 Fla ler $268 Bradford $269 Monroe $340 Hillsborough $354 Glades $366 DeSoto $370 Broward non-infill $389 Polk $444 Hernando $501 St Lucie $515 Nassau $520 Volusia $566 Citrus $723 St. Johns $753 Highlands $757 2009 Impact Fee Update - Sept 17, 2009 - 43 - TABLE V-5 PARK IMPACT FEES FI nRIDA COUNTIES County Parks Pasco $892 Osceola $924 Manatee $971 Orange $1,123 Miami/Dade $1,173 Indian River $1,463 Lee $1,479 Palm Beach $1,540 Charlotte $1,660 Martin $2,345 Sarasota $2,348 Collier $3,299 Mean $852 Median $543 St Lucie Revised $1,443 2009 Impact Fee Update - Sept 17, 2009 - 44 - V. Summary Table V-1 a through V-1 a summarize the updated consumption driven impact fees and add in the other impact fees to get a picture of all impact fees to be imposed by St Lucie County. Following the five updated and recommended fee schedules, Tables VI-2a and VI-2b show the percentage changes in impact fees by area of St Lucie County. Lastly, Table VI-3 contrasts the total impact fees recommended with impact fees presently in existence in other Florida counties. 2009 Impact Fee Update - Sept 17, 2009 - 45 - Table V-1a RECOMMENDED IMPACT FEES MAINLAND Roads Public Parks School Library Fire/ EMS Law Total LAND USE Buildin s RESIDENTIAL: $4,452 $317 $1,443 $5,447 $205 $525 $194 $12,582 Single Family $2,226 $208 $945 $1,572 $184 $107 $128 $5,370 Mobile Home/Rec. Vehicle $1,287 $106 $174 $8,016 Multi -Family 1 & 2 Story $3,246 $283 $2,787 $133 Multi -Family 3 + Stories $1,702 $283 $1,287 $2,787 $133 $106 $174 $6,472 $3,541 $212 $965 $0 $0 $245 $130. $5,093 Hotel/Motel - Room $2,016 $212 $965 $0 $0 $246 $130 $3,569 Bed & Breakfast - Room $4,452 $317 $1,443 $5,447 $205 $525 $194 $12,582 All Other Residential OFFICE AND FINANCIAL PER 1,000 FT2: $2,553 $280 $0 $0 $0 $310 $298 $3,441 General Office $3,529 $524 $0 $0 $0 $310 1 $186 $4,549 Medical Office RETAIL PER 1,000 FT2: $4,766 $412 $0 $0 $0 $487 $698 $6,364 Under100,000 FT2 $4,932 $474 $0 $0 $0 $487 $804 $6,697 100,000-499,999 FT2 $5,545 $377 $0 $0 $0 $487 $688 $7,097 500,000 & Over GASOLINE SERVICES: $2,609 $90 $0 $0 $0 $1,610 $698 $5,008 Service Station Per Position INDUSTRIAL PER 1,000 FT2: $40 $0 $0 $0 $70 $36 $840 Warehouse $694 $1,395 $94 $0 $0 $0 $70 $71 $1,629 Truck Terminal $758 $64 $0 $0 $0 $70 $56 $948 General Industrial INSTITUTIONAL: $1,746 $423 $0 $0 $0 $468 $242 $2,879 School - Elem. Per 1,000 FT2 $1,718 $421 $0 $0 $0 $468 $160 $2,767 School Middle/Hi h Per 1,000 FT2 $1,533 $274 $0 $0 $0 $468 $153 $2,428 Day Care Per 1,000 FT2 $2,496 $0 $0 $0 $0 $468 $72 $3,036 Fraternal Or . Per 1,000 FT2 $3,867 $335 $0 $0 $0 $468 $72 $4,742 Hospital Per 1,000 FT2 $701 $284 $0 $0 $0 $1,159 $72 $2,216 Nursing Home Per 1,000 FT2 $5,109 $427 $0 $0 $0 $468 $73 $6,076 Libra Per 1,000 FT2 RECREATIONAL: $617 $97 $0 $0 $0 S44 $73 $831 Park Public Per Acre $859 $130 $0 $0 $o $44 $73 $1,105 Recreation Facilit all Per 1,000 FT2 $1,383 $213 $0 $0 $0 $44 $73 $1,713 Golf Course Per Acre $117 $49 $0 $0 $0 $487 $73 $727 Movie Theatres per Seat 2009 Impact Fee Update - Sept 17, 2009 - 46 - Table V-1 b RECOMMENDED IMPACT FEES NORTH ISLAND LAND USE Roads Public Buildin s Parks School Library Fire EMS Law Total RESIDENTIAL: Single Family $3,549 $317 $1,443 $5,447 $205 $525 $194 $11,679 Mobile Home/Rec. Vehicle $1,855 $208 $945 $1,572 $184 $107 $128 $4,999 Multi -Family 1 & 2 Story $1,908 $283 $1,287 $2,787 $133 $106 $174 $6,678 Multi -Family 3 + Stories $3,085 $283 $1,287 $2,787 $133 $106 $174 $7,855 Hotel/Motel - Room $4,981 $212 $965 $0 $0 $245 $130 $6,533 Bed & Breakfast - Room $3,009 $212 $965 $0 $0 $246 $130 $4,562 All Other Residential $3,549 $317 $1,443 $5,447 $205 $525 $194 $11,679 OFFICE AND FINANCIAL PER 1,000 FT2: General Office $862 $280 $0 $0 $0 $310 $298 $1,750 Medical Office $1,210 $524 $0 $0 $0 $310 $186 $2,230 RETAIL PER 1,000 FT2: Under 100,000 FT2 $1,500 $412 $0 $0 $0 $487 $698 $3,098 100,000-499,999 FT2 $1,545 $474 $0 $0 $0 $487 $804 $3,310 500,000 & Over $1,735 $377 $0 $0 $0 $487 $688 $3,287 GASOLINE SERVICES: Service Station Per Position $819 $90 $0 $0 $0 $1,610 $698 $3,218 INDUSTRIAL PER 1,000 FT2: Warehouse $259 $40 $0 $0 $0 $70 $36 $405 Truck Terminal $516 $94 $0 $0 $0 $70 $71 $750 General Industrial $278 $64 $0 $0 $0 $70 $56 $468 INSTITUTIONAL: School - Bern. Per 1,000 FT2 $640 $423 $0 $0 $0 $468 $242 $1,773 School - Middle/High Per 1,000 FT2 $645 $421 $0 $0 $0 $468 $160 $1,694 Day Care Per 1,000 FT2 $577 $274 $0 $0 $0 $468 $153 $1,472 Fraternal Or . Per 1,000 FT2 $923 $0 $0 $0 $0 $468 $72 $1,463 Hospital Per 1,000 FT2 $1,444 $335 $0 $0 $0 $468 $72 $2,319 Nursing Home Per 1,000 FT2 $254 $284 $0 $0 $0 $1,159 $72 $1,769 Library Per 1,000 FT2 $1,895 $427 $0 $0 $0 $468 $73 $2,862 RECREATIONAL: Park Public Per Acre $306 $97 $0 $0 $0 $44 $73 $520 Recreation Facility all Per 1,000 FT2 $367 $130 $0 $0 $0 $44 $73 $613 Golf Course Per Acre $516 $213 $0 $0 $0 $44 $73 $846 Movie Theatres per Seat $49 $49 $0 $0 $0 $487 $73 $659 2009 Impact Fee Update - Sept 17, 2009 - 47 - Table V-1 c RECOMMENDED IMPACT FEES FT PIERCE ISLAND LAND USE Roads Public Buildings Parks School Library Fire/ EMS Law Total RESIDENTIAL: Single Family $4,106 $317 $1,443 $5,447 $205 $525 $194 $12,236 Mobile Home/Rec. Vehicle $2,504 $208 $945 $1,572 $184 $107 $128 $5,648 Multi -Family 1 & 2 Story $1,908 $283 $1,287 $2,787 $133 $106 $174 $6,678 Multi -Family 3 + Stories $3,653 $283 $1,287 $2,787 $133 $106 $174 $8,423 Hotel/Motel - Room $3,984 $212 $965 $0 $0 $245 $130 $5,536 Bed &Breakfast -Room $2,271 $212 $965 $0 $0 $246 $130 $3,824 All Other. Residential $4,106 $317 $1,443 $5,447 $205 $525 $194 $12,236 OFFICE AND FINANCIAL PER 1,000 FT2: General Office $669 $280 $0 $0 $0 $311 $298 $1,557 Medical Office $911 $524 $0 $0 $0 $310 $186 $1,931 RETAIL PER 1,000 FT2: Under 100,000 FT2 $1,727 $412 $0 $0 $0 $487 $698 $3,325 100,000-499,999 FT2 $1,585 S474 $0 $0 $0 $487 $804 $3,350 500,000 & Over $1,545 $377 $0 $0 $0 $487 $688 $3,097 GASOLINE SERVICES: Service Station Per Position $1,230 $90 $0 $01 $0 $1,610 1 $698 $3,629 INDUSTRIAL PER 1,000 FT2: Warehouse $165 $40 $0 $0 $0 $70 $36 $311 Truck Terminal $322 $94 $0 $0 $0 $70 $71 $556 General Industrial $190 $64 $0 $0 $0 $70 $56 $380 INSTITUTIONAL: School - Elem. Per 1,000 FT2 $214 $423 $0 $0 $0 $468 $242 $1,347 School - Middle/High Per 1,000 FT2 $479 $421 $0 $0 $0 $468 $160 $1,528 Day Care Per 1,000 FT2 $436 $274 $0 $0 $0 $468 $153 $1,331 Fraternal Or . Per 1,000 FT2 $706 $0 $0 $0 $0 $468 $72 $1,246 Hospital Per 1,000 FT2 $472 $335 $0 $0 $0 $468 $72 $1,347 Nursing Home Per 1,000 FT2 $202 $284 $0 $0 $0 $1,159 $72 $1,717 Library Per 1,000 FT2 $1,427 $427 $0 $0 $0 $468 $73 $2,394 RECREATIONAL: Park Public Per Acre $177 $97 $0 $0 $0 $44 $73 $391 Recreation Facility all Per 1,000 FT2 $230 $130 $0 $0 $0 $44 $73 $476 Golf Course Per Acre $387 $213 $0 $0 $0 $44 $73 $717 Movie Theatres per Seat $41 $49 $0 $0 $0 $487 $73 $651 ,W_ 2009 Impact Fee Update - Sept 17, 2009 - 48 - Table V-1 d RECOMMENDED IMPACT FEES SOUTH ISLAND LAND USE Roads Public Buildin s parks School Library Fire/ EMS Law Total RESIDENTIAL: Single Family $3,843 $317 $1,443 $5,447 $205 $525 $194 $11,973 Mobile Home/Rec. Vehicle $2,351 $208 $945 $1,572 $184 $107 $128 $5,495 Multi -Family 1 & 2 Story $1,790 $283 $1,287 $2,787 $133 $106 $174 $6,560 Multi -Family 3 + Stories $3,431 $283 $1,287 $2,787 $133 $106 $174 $8,201 Hotel/Motel - Room $3,770 $212 $965 $0 $0 $245 $130 $5,322 Bed & Breakfast - Room $2,157 $212 $965 $0 $0 $246 $130 $3,710 All Other Residential $3,843 $317 $1,443 $5,447 $205 $525 $194 $11,973 OFFICE AND FINANCIAL PER 1,000 FT2: General Office $762 $280 $0 $0 $0 $310 $298 $1,650 Medical Office $1,056 $524 $0 $0 $0 $310 $186 $2,076 RETAIL PER 1,000 FT2: Under 100,000 FT2 $1,315 $412 $0 $0 $0 $487 $698 $2,913 100,000-499,999 FT2 $1,364 $474 $0 $0 $0 $487 $804 $3,129 500,000 & Over $1,525 $377 $0 $0 $0 $487 $688 $3,077 GASOLINE SERVICES: Service Station Per Position $1,444 $90 $0 $0 $0 $1,610 $698 $3,843 INDUSTRIAL PER 1,000 FT2: Warehouse $222 $40 $0 $0 $0 $70 $36 $368 Truck Terminal $459 $94 $0 $0 $0 $70 $71 $693 General Industrial $242 $64 $0 $0 $0 $70 $56 $432 INSTITUTIONAL: School - Elem. Per 1,000 F7 $556 $423 $0 $0 $0 $468 $242 $1,689 School - Middle/High Per 1,000 F7 $560 $421 $0 $0 $0 $468 $160 $1,609 Day Care Per 1,000 FT2 $504 $274 $0 $0 $0 $468 $153 $1,399 Fraternal Or . Per 1,000 FT2 $807 $0 $0 $0 $0 $468 $72 $1,347 Hospital Per 1,000 FT2 $1,250 $335 $0 $0 $0 $468 $72 $2,125 Nursing Home Per 1,000 FT2 $238 $284 $0 $0 $0 $1,159 $72 $1,753 Library Per 1,000 FT2 $1,666 $427 $0 $0 $0 $468 $73 $2,633 RECREATIONAL: Park Public Per Acre $275 $97 $0 $0 $0 $44 $73 $489 Recreation Facility all Per 1,000 FT2 $318 $130 $0 $0 $0 $44 $73 $564 Golf Course Per Acre $444 $213 $0 $0 $0 $44 $73 $774 Movie Theatres per Seat $41 $49 $0 $0 $0 $487 $73 $651 2009 Impact Fee Update Sept 17, 2009 - 49 - N W W LL U Q a N LU > FW- d Q �CL a HD G z Q Z N x W 6) o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O) (D M to O r N O Cn (O to CO R CO M N C I— co CD tOo M M L COO ems- I� CCN U a O Cl) Cn co M O N O M O O M (P N r OD M N 0) y y O m V O Co O N N C f� O Lo CD ti C O M 69 CD fA -ItO 69 O L R a ca 6s � U4 Cl) Efl N 69 N 6a M 69 M 0) M Vi t� O C) C) CO CO O to m Cl) N O) _ O O 1` M V I- to N � '�t N N Ln CD m N Cn to p O CO N O 00 N h co O N M to (+) 1 O CO V 69 bs fA to p N 0') 69 M 64 to EA V U 9. 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Many counties do not have all of the impact fees and others have not kept their impact fees current. For example, Monroe County's fees have not been updated since 1987. Also, many counties have temporarily reduced or sus- pended some or all impact fees due to the current economic recession. Table V-3 COMPARATIVE COUNTY IMPACT FEES County Parks Public Bldg Library Roads EMS Law/Jail Fire Other School Total Facilities Alachua $252 $2,798 $152 $3,202 Baker $1,500 $1,500 Bay $2,352 $2,352 Bradford $269 $210 $2,500 $71 $686 $281 $1,000 $5,017 Brevard $64 $4,353 $39 $72 $93 $232 $4,445 $9,298 Broward non-infill $389 $1,844 $2,233 Charlotte $1,660 $780 $160 $5,080 $300 $400 1 $8,380 Citrus $723 $625 $251 $4,853 $69 $257 $497 $2,109 $9,384 Clay $5,814 $7,034 $12,848 Collier $3,299 $807 $506 $8,884 $112 $531 $1,043 $10,099 $25,281 Columbia $1,046 $406 $109 $1,500 $3,061 Desoto $370 $971 $163 $4,750 $538 $398 $4,562 $11,752 Fla ler $268 $1,438 $3,600 $5,307 Gilchrist $1,000 $1,750 $750 $3,500 Glades $366 $3,363 $93 $4,322 $8,144 Hendry$2,490 $5,101 1 $7,591 Hernando $501 $302 $154 $3,627 $99 $99 $4,266 $9,048 Highlands $757 $245 $6,594 $915 $759 $5,801 $15,070 Hillsborough $354 $1,475 $49 $2,000 $3,877 Indian River $1,463 $206 $483 $5,202 $244 $278 $245 $1,756 $9,877 Lake $222 $191 $2,189 $369 $9,324 $12,295 Lee $1,479 $8,976 $94 $739 $4,309 $15,597 Lev $150 $1,046 $53 $53 $1,302 Manatee Marion $971 $7,013 S5,462 $839 $182 $252 $6,350 $3,516 $15,355 $9,230 Martin $2,345 1 $436 $456 $2,891 $459 $357 $5,567 $12,511. Miami/Dade $1,173 ! S1,275 I $411 $177 $2,448 $5,484 Monroe $340 $242 $633 $150 $105 $1,470 Nassau $520 $231 $1,430 $150 $121 $3,726 $6,178 orange $1,123 $3,500 $193 $201 $11,829 $16,846 Osceola S924 $6,877 $159 $9,981 $17,941 Palm Beach $1,540 $148 S161 $4,822 $171 $3,998 $11,367 Pasco $392 $145 $5,313 $172 ��2, $4,356 $11,126 2009 Impact Fee Update - Sept 17, 2009 - 52 - Table V-3 COMPARATIVE COUNTY IMPACT FEES County Parks Public Bldg Library Roads EMS Law/Jail Fire Other School Total Facilities Pinellas $1,923 $1,923 Polk $444 $197 $5,844 $410 $313 $4,171 $11,379 Putnam $227 $2,290 $70 1 $88 $4,347 $7,023 Santa Rosa $2,237 1 $2,237 Sarasota $2,348 $303 $380 $8,515 $101 $880 $197 $2,032 $14,756 Seminole $54 $1,061 $172 $5,000 $6,287 St Lucie $515 $392 $205 $2,324 $194 $525 $5,447 $9,602 St. Johns $753 $378 $3,830 $188 $501 $3,895 $9,545 Sumter $1,996 $397 $2,393 Volusia $566 $2,044 $278 $6,066 $8,954 Wakulla $53 $317 $119 $522 $236 $1,247 Mean $852 $493 $231 $3,628 $87 $379 $307 $239 $4,516 $8,381 Median $543 $385 $197 $2,845 $82 $279 $252 $239 $4,309 $8,667 St Lucie Up dated $1,"3 $317 $205 $4,452 $194 $525 $5,447 $12,582 Note; Many of the counties listed above have temporarily suspended the collection of some or all of the impact fees that are shown. 2009 Impact Fee Update - Sept 17, 2009 - 53 - IMPACT FEE UNIT OF feet of fee as of LAND USE TYPE MEASURE 4 04/01/10 RETAIL TRADE Under 100,000 square feet Per 1,000 sq. ft. 438 412 100,000-499,000 square feet Per 1,000 sq. ft. 504 474 500,000 square feet and over Per 1,000 sq. ft. 367 377 GASOLINE SERVICES Gasoline pumps Per pump stet 6-390 INDUSTRIAL Warehouse Per 1,000 sq. ft. 33 40 Truck terminal Per 1,000 sq. ft. 441 94 General industrial Per 1,000 sq. ft. 89 64 INSTITUTIONAL School-Elem. Per 1,000 sq. ft. 499 423 School-Middle/high Per 1,000 sq. ft. 3-296 421 Day care center Per 1,000 sq. ft. 2fi8 274 Fraternal organization Per 1,000 sq. ft. 9 0 . Hospital Per bed 446 335 Nursing home Per bed 449 284 Library Per 1,000 sq. ft. 638 427 RECREATIONAL Park (city/county/state) Per acre 63 97 Recreation facility -All types Per 1,000 sq.ft. -79 130 Golf course Per acre 4&a 213 Movie Theaters Per seat -71 49 If the type of development activity for which a building permit, or an electrical permit for a mobile home park or recreational vehicle park is applied for is not specified on the above fee schedule, the county administrator shall use the fee applicable to the most nearly comparable type of land use on the above fee schedule. (b) The person applying for the issuance of a building permit or an electrical permit for a mobile home park or recreational vehicle park may, at his option, submit evidence to the county administrator indicating that the fees set out to paragraph (a) above are not appropriate for his particular development. Based upon convincing and competent evidence, the county administrator may adjust the fee to that appropriate for the particular development. 8#rwek #hrangh passaged are deleted. 3 Underlined passages are added. ITEM NO. VIII DATE: 10/20/09 AGENDA REQUEST REGULAR ( X ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: CharlotteLombardb--- SUBMITTED BY: Administration/Tourism Tourism Development Manager SUBJECT: Tourist Development Council Capital Funding for Airport Terminal Renovation BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 362-5210-581000-500 PREVIOUS ACTION: April 14, 2009 — BOCC approval of $50,000 of TDC capital funds as the local match for the design cost of the Airport Terminal Renovation. RECOMMENDATION: Board approval of the Tourist Development Council's determination and recommendation that the Board use $100,000 of the Tourist Development Council Capital Funds towards the local match for the Airport Terminal Renovation, as outlined in the attached memorandum. COMMISSION ACTION: (X) APPROVED ( ) OTHER Approved 5-0 ( ) DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director Budget Analyst / Daniel McIntyre Marie Gouin Patty Marston Originating Dept. ( ) (Name) ERD ( ) (Name) Administration/Tourism MEMORANDUM TO: Board of County Commissioners THROUGH: Faye W. Outlaw, MPA, County Administrator FROM: Charlotte Lombard Tourism Development Manager DATE: October 20, 2009 SUBJECT: Tourist Development Council Capital Funding for Airport Terminal Renovation ITEM NO. VIII Background: On Tuesday, April 14, 2009, the Board approved using $50,000 of TDC capital funds as a 50% grant match for the Florida Department of Transportation Joint Participation Agreement 426499-1-94-01 for the design cost of the St. Lucie County International Airport. The design phase of the airport terminal renovation is currently underway. On Wednesday, October 14, 2009, the TDC unanimously supported using $100,000 of the TDC capital fund towards the 20% local match for the renovation of the St. Lucie County International Airport terminal. The funding will be utilizied for the terminal portion of the airport renovation only and does not include the administrative offices. In an effort to enhance tourism opportunities through the Grand Bahama Island / St. Lucie County partnership, the TDC has determined that the proposed improvements to the terminal would promote and advertise tourism activity and that the terminal (venue) shall have as one of its main purposes the attraction of tourists. Recommendation: Board approval of the Tourist Development Council's determination and recommendation that the Board use $100,000 of the Tourist Development Council Capital Funds towards the local match for the Airport Terminal Renovation. ST. LUCIE COUNTY TOURIST DEVELOPMENT COUNCIL MEETING WEDNESDAY 0 September 9, 2009 0 12:30 P.M. MINUTES Members present: Commissioner Doug Coward, Chairman Marilyn Minix, Road Runner Travel Resort Christopher Egan, Vistana's Beach Club — Sheraton PGA Jill Hanson, Residence Inn by Marriott Michelle Valvano, Perfect Drive Golf Villas Members absent: Councilwoman Linda Bartz, City of Port St. Lucie Pam Haney, Holiday Inn Express Paul Taglieri, St. Lucie Mets Commissioner Christine Coke, City of Fort Pierce Staff present: Christopher Steers, Assistant County Administrator Charlotte Lombard, Tourism Development Manager William Hoeffner, Director of Grants and Disaster Recovery Heather Lueke, Assistant County Attorney Charline Burgess, Executive Aide to Commissioner Coward Ja' Net Pentz, Recording Secretary Also present: Erica Byfield, Comet Creative, Inc. Craig Mundt, National Navy UDT SEAL Museum Pat Simmons John Hayes, SLC Cultural Affairs Jack Connolly, SLC Cultural Affairs Jodie DelBene, Fairfield Inn & Suites Laura Diederick, Smithsonian Marine Center Bob Baldassari, PGA Village Juan Azcona, www.tcexperience.com Jo Seiler, Hampton Inn & Suites Cathy Matos, Homewood Suites 1. CALL TO ORDER: County Commissioner Doug Coward called the meeting to order at 12:33 p.m. 2. ROLL CALL: Ja' Net Pentz called roll. 3. SELF INTRODUCTION OF GUESTS: Attending guests identified themselves. 4. APPROVAL OF MINUTES The minutes from August 12, 2009 were approved unanimously. Tourist Development Council Meeting 0 September 9, 2009 5. FINANCIAL a. 2009 Budget Revenue & Update Ms. Charlotte Lombard stated that there was nothing to report. Ms. Lombard stated that there were no plans to spend additional monies and that we are at a standstill until next fiscal year. 6. SUMMER HOOPLAH CAMPAIGN FOLLOW-UP REPORT Ms. Charlotte Lombard gave a brief update and presentation on the Summer Hooplah Campaign. Ms. Lombard went over the challenges that this promotion faced. Ms. Erica Byfield gave a recap of what type of deals that this promotion entailed. Ms. Lombard stated that this promotion generated thousands of leads, increased awareness of St. Lucie County, made initial brand investment in Hooplah, May/June revenues did not decrease compared to 2008 and opportunity for more partnerships. Ms. Byfield stated that she met with Mr. James Turner from the Bahamas. Ms. Byfield stated that during that meeting transportation challenges came up. Ms. Byfield stated that the Bahamas chose only one hotel for the promotion, which made the package price high. Ms. Byfield also stated that Mr. Turner suggested that they start with one big event. Ms. Byfield also stated that Southern Eagle provided bracelets and posters for the promotion. Commissioner Coward stated that there have been some new business interests due to the partnership with Grand Bahama Island. Commissioner Coward spoke about the possibility of a business wanting to provide a fast ferry service. He also spoke about the airport moving forward with the architectural design of the terminal. Ms. Diana Lewis, Airport Director, spoke about securing an 80% match from the Florida Department of Transportation with regards to the upgrades at the terminal. 7. CAPITAL FUND GRANT PROGRAM DISCUSSION Ms. Charlotte Lombard went over the Draft Capital Grant Program. The TDC Board went over what the minimum requirements should be for the Grant program. Diana Lewis stated that the estimate to construct the renovations would be $723,000. According to the consultants, it will take five months to get through the design process. Ms. Lewis stated that there is an opportunity to get an 80% match from the Florida Department of Transportation that would be available July 2010. Ms. Lewis stated that what could be an opportunity for this group would be to make that 20% match. Page 2 of 4 Tourist Development Council Meeting 0 September 9, 2009 Commissioner Coward stated that we have made a $50,000 commitment for the design. Commissioner Coward asked if the committee thinks that it would be wise to take some of the dollars from the Tourist Capital Fund so that we can do a $700,000 project with $150,000. Ms. Michelle Valvano asked how much of the $723,000 would be for office space, things that are not necessarily related to tourism, but operational. Ms. Lewis stated approximately $200,000 for Airport administrative space. Ms. Valvano asked what the City of Fort Pierce thought about this. Commissioner Coward stated that he has had individual conversations about this and has received positive feedback, but nothing was formally done. Commissioner Coward stated that City of Fort Pierce was asked to weigh in on the $50,000, and they were unanimous in approving that. Ms. Valvano suggested doing 20% of the $500,000, that's actually the terminal part of the project and not the office space. Commissioner Coward stated that he thought it would be good to challenge the County Commission to take the $100,000 off the table before we go through with the application process with the understanding that the County would need to match that with the remaining 20% which would be about $50,000. That would leave $400,000 in the account to use to partner with non -profits on one big project with multiple projects. There was Board consensus on the following: Minimum Eligibility Requirements: • Local 501(c)(3) • Years of existence of non-profit (based on a weighted scale) • Letter of Credit • 10% down • 50% match of grant within six months with the potential of an extension • Financial stability/records (based on a weighted scale) • Construction start date (based on a weighted scale) Types of Grants: • In -Kind: In -kind services will be based on a weighted scale and will not be considered a grant match. Page 3 of 4 Tourist Development Council Meeting 0 September 9, 2009 Sample Criteria: Ms. Lombard stated that this is going to be a growing document and will come back to the board. Discussion ensued. There was board consensus that everyone on the TDC Board will be on the application review committee. Ms. Lombard is to have the final draft application to the TDC Board members within two weeks and place it on the Board of County Commissioners' Agenda on October 6, 2009. The application is to "hit the streets" by November 1, 2009. The application will then be due on January 15, 2010. Those applications are to be reviewed at the February 2010 TDC Meeting. 8. GENERAL PUBLIC COMMENT Mr. Bob Bladassari, PGA Golf Club, gave a brief presentation on Golf Patriot Day. 9. ADJOURNMENT The meeting adjourned at 2:32 p.m. Page 4 of 4 APPENDIX 1 Recap of Proposed Partnership Development between St. Lucie County Tourism, Bahamas Tourism, and Blair Advertising April30t", 2008 Attendees: St Lucie County Doug Coward -County Commissioner Doug Anderson- County Administrator Odaly Victorio - County Tourism and Film Director Bahamas Ms. Glenda Johnson - Tourism Director Blair Advertising George Byfield CEO and Creative Director Ian David —Associate, International Tourism Advisor Recap: The meeting schedule for loam started around 10:15 in the Library of St. Lucie County Administrative Building on the 3rd floor. Introduction started with County Commissioner Doug Coward and ended with Ms. Glenda Johnson, Bahamas Tourism Director. Ms. Johnson explained briefly the goals of the Bahamas Tourism Board on a nationallevel, and current partnership with various groups. She also explained the daily visits of the Bahamians to Miami,.which involves shopping at Wal-Mart, BJ and other large discount outlet stores in the area. In addition, she clarified her role with the Bahamas Tourism Board as being more than a catalyst for the development of programs and partnership towards getting `heads in beds' but also to interface with; and recommend anyone who may assist with the economical growth of the Country. County Administrator Doug Anderson raised a strong concern as to why Bahamians are not shopping here in St. Lucie County. Ms. Johnson response was that Miami is much closer to Grand Bahama and -that the regular visit does not yield any return on investment to the Country. Tentative'Twin City' Partnershio.Ideas: Blair. Advertising CEO, George Byfield opened the presentation by looking at the existing Air -- >-=marfzet rotations -fib 6e€ween--St: Lucie and ran Baf at � $E3. Ft -al�-o I�ighiithted=that Sr- -=- -- Lucie culture and beach lifestyle is very similar to the Bahamians and offer many synergies - which was one of the reason why he made contact with Ms. Johnson.to discuss possible partnership. The presentation was then turned over to Ian David, Blair Advertising International Tourism Advisor. In his introduction Ian shared with Ms. Johnson that he lived and .studied in Grand Cl 1E T CREATIVE INC 1 C1 0 Aver;:, _A, suite 2 C, Fc,i'Pier_e, rica 3-c450 FAX: 772 462 2131 FAX: 772 466 5428 1 Grand Bahama Ministry of Tourism Grand Bahama Tourism Board P.O Box F40251 P.O Box F40251 Freeport, Bahamas Freeport, Bahamas Phone:242 352 8044 Phone:242 352 8044 FAX: 242 352 2714 FAX:. 242 352 2714 .5. NON -FUND. OBLIGATING DOCUMENT. This instrument is neither a fiscal nor a funds obligation document. Any endeavor or transfer of anything of value involving reimbursement or contribution of funds between the parties to this instrument will be handled in accordance with applicable laws, regulations contract or agreement. 6. 7. COMMENCEMENT/EXPIRATION DATE. This instrument is executed as of the date of last signature and is effective as an agreement for further discussion; until replaced by a signed document outlining the agreed terms of a partnership. 8. IN WITNESS WHEREOF, the parties hereto have executed this agreement to continue on a path of exploring partnership opportunities as of the last written date below. DATE. —b,/L DATE ex DATE APPROWD AS TO FORM AND EQIZR CTNES . *554 COU ATTORNEY . Al r„�� SLC TDC-CC-IOB Contract RFP #07-073 Page 4 of 4 December 4, 2008 COMET CREATIVE INC 100 Avenue A, Suite 2C, Fort Pierce, Florida 34950 T.772.465.4654. F772.466.5428 Y E. GRAND 'BAHAMA MINISTRY OF TOURISM AND TOURISM BOARD SHALL: 1. Work with the Comet Creative and St Lucie County TDC to identify appropriate partnership opportunities and jointly pursue such projects in a timely manner. 2. Identify and involve all stakeholders within the its organization, as necessary 3. Provide assistance and information to all parties as required in furtherance of achieving a twin city partnership agreement. F. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: 1. This ap-reement is not to be construed as a legal contract, and is simvly a document, which underscores and seeks to serve as a launching platform for the interest .expressed in the document attached as Appendix 1. 2. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the any of the parties from participating in similar activities with other public or private agencies, organizations, and individuals. 3. TERMINATION. Any oft he parties, in writing, may terminate the instrument in whole, or in part, at any time before the date of expiration. 4. ' PRINCIPAL CONTACTS The principal contacts for this instrument are: St Lucie County TDC Comet Creative Inc - St Virginia Avenue 100 Avenue A, Ft., Pierce;, F134982 Fort.Piercz.Fl 34950- Phone: 772 462 1412 Phone: 772 465 4654 FAX: 772 462 2131 FAX: 772 466 5428 SLC TDC-CC-IOB Contract RFP #07-073 December 4, 2008 Page 3 of 4 COMET CREATIVE INC 100 Avenue A, Suite 2C, Fort Pierce, Florida 34950 i. T.772.465.4654. F772.466.5428 Comet Creative's mission will be to manage and facilitate discussions /collaborations; develop programs and activities with a focus ROI, for travel to both location for the benefit of its residents; economy and travel and tourism industry. The mutual benefit for all parties will be the ability to provide an expanded destination choice leading to increased visitors, hotel stays and economic activity. C. COMET CREATIVE SHALL: 1. Work with all stakeholders to identify opportunities and areas for partnership. 2. Coordinate involvement of all parties 3. Ensure that progress is maintained towards an agreed partnership with scope and timeline. 4. Administer meetings as required 5. Develop programs and draft budgets — Strategic Plan 6. Act as the operating arm for an agreement between St Lucie County TDC and Grand Bahama, as it relates to travel and tourism marketing programs. 7. Review this MOU with all parties to ensure acceptance 8. On approval of the MOU, arrange next meeting between parties and a visit to the Grand Bahama as proposed to facilitate the solidification of an agreed plan of action. 9.. Coordinate logistic and implement programs -including soliciting marketing partners to offset Comet Creative's project development and management costs- D. ST LUCIE COUNTY TDC SHALL: l . Work. with the Comet Creative and the Tourism Director -Florida & Latin America, Islands of the Bahamas to identify appropriate partnership opportunities and jointly pursue such projects in a timely manner. 2. Identify and involve all stakeholders within the County, as necessary 3..= _,Provide. assistance. and i formation to ail parties as required_in,fur.theratzce of _ achieving a Twin City Partnership agreement. SLC TDC-CC-IOB Contract RFP #07-073 December 4, 2008 Page 2 of 4 A, Suite Fonda 34G'i"' MEMORANDUM OF UNDERSTANDING BETWEEN St. Lucie County Tourist Development Council, St Lucie County, Fl And Grand Bahama Ministry of Tourism & Tourism Board And Comet Creative Inc (Formerly Blair Advertising) This MEMORANDUM OF UNDERSTANDING is hereby made and entered into by and between the parties named above. A. PURPOSE: The purpose of this MOU is to set the famework for the continuation of meetings towards developing and expanding.4 framework of cooperation between St Lucie County; Grand Bahama Island and Comet Creative Inc. to develop mutually beneficial economic & tourism marketing programs, projects and activities at the local, regional and national level. This MOU references the initial meeting between the parties on 4/30/2008 B. STATEMENT OF MUTUAL BENEFIT AND INTERESTS: Grand Bahama Island benefits include an active partnership with Comet Creative and St . Lucie County to plan, implement and promote synergistic marketing programs, which will generate active interest from targeted segments -based on lifestyle segmentation: Example: Powerboat competitions between Grand Bahama Island and St Lucie County. The benefits for St Lucie County through this cooperative effort are provided through the strategic planning of programs by Comet Creative, highlighting strengths and opportunities locally, that may be leveraged through a joint promotion of a twinned -city destination package. The partnership will also increase St. Lucie County market share both nationally and internationally in the travel and tourism industry. _ The benefits for Comet Creative will be accrued through the recognition as the marketing partner and operation managers for the twin -city economic and marketing partnership between St Lucie County and Grand Bahama Island. SLC TDC-CC-IOB Contract RFP #07-073 December 4, 2008 Pagel of 4 ©baFici`mas o O • 0 October 14, 2009 Charlotte Lombard Tourism Development Manager St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear Charlotte: The Grand Bahama Island Tourism Board is very excited about our partnership with St. Lucie County Tourist Development Council. We believe this partnership is mutually beneficial given the commonalities of our tourist product as well as target market and can provide both destinations the opportunity to gain additional visitors, new exposure and opportunities for economic growth. We look forward to the formation of the ad hoc committee to identify}oint tourism events between the two destinations in order to further strengthen this partnership. In addition, once St. Lucie County improves its commercial travel infrastructure we will have more opportunities to increase tourism to and from both destinations. With our close proximity and similarities between our two destinations we are confident we have a strong foundation for a successful partnership. Sincerely, "-fames rner Executive Vice President Grand Bahama Island Tourism Board 210 N. University Drive, Ste 300 Coral Springs, FL 33071 (954) 796-3555 Fax. (954)796-3250 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: St. Lucie County Tourist Development Council FROM: Katherine Mackenzie -Smith, Assistant County Attorney,'4'pS DATE: October 14, 2009 SUBJECT: Terminal renovations at St. Lucie County Airport This memorandum shall serve to outline the authorized use of the fifth cent tourist development tax for the airport terminal renovations. The fifth cent tourist development tax was enacted pursuant to Section 125.0104(3)(n). This section permits several uses ofthe funds, including to promote and advertise tourism in the State of Florida and nationally and internationally. If the funds are used for this purpose with regard to a venue, the statute requires that the venue shall have as one of its main purposes the attraction of tourists as evidenced by the promotion of the venue to tourists. (Section 125.0104(3)(n)2 Florida Statutes) In order for the expenditure of tourist development tax funds to be consistent with the statute, the Council must determine that the proposed improvements to the terminal would promote and advertise tourism activity and that the terminal (venue) shall have as one of its main purposes the attraction of tourists. Tourist Development Council Meeting 0 October 14, 2009 advertised tourist activity and that tourism will be one of the main events at the terminal and that we authorize or request that $100,000 of the Tourist Capital Fund be utilized for this expansion and renovation as well as a match. The motion was seconded by Ms. Michelle Valvano. The motion carried unanimously. 9. GENERAL PUBLIC COMMENT Jo Seiler handed out a flyer regarding the St. Lucie County Equestrian Committee's presentation to the St. Lucie County Board of County Commissioners. 10. ADJOURNMENT The meeting adjourned at 2:01 p.m. Page 3 of 3 Tourist Development Council Meeting 0 October 14, 2009 5. 2009/2010 PGA PARTNERSHIP PROPOSAL Ms. Erica Byfield gave a brief presentation on the 2009/2010 PGA Partnership proposal. Discussion ensued. Mr. Bob Baldassari spoke briefly PGA's Education Center and PGA Golf Club's recognitions. Mr. Baldassari also spoke about the economic impact that PGA has on St. Lucie County. There was TDC Board consensus to move with the branding partnership with PGA. 6. FINANCIAL a. 2009/2010 Budget Revenue & Update Ms. Charlotte Lombard, Tourism Manager, gave a brief financial update. Ms. Lombard stated that the Board of County Commissioners approved the supplemental funding for the Treasure Coast Sports Commission at their September 22, 2009, Board of County Commissioners Meeting. Ms. Lombard stated that tourism is down 16% from 2009 to date compared to 2008. Ms. Lombard stated that Indian River County is down 20% or so and Martin County is also down near 20%. Ms. Lombard stated that she attributes our percentage being lower to sports tourism. Ms. Michelle Valvano, Perfect Drive Golf Villas, asked that Ms. Lombard provide the above information in writing. 7. AIRPORT MASTER PLAN PRESENTATION The LPA Group made a brief presentation on the Airport Master Plan. 8. APPROVAL OF TDC CAPITAL FUNDS FOR AIRPORT TERMINAL RENOVATION Ms. Charlotte Lombard, Tourism Manager, gave a brief overview from last month's meeting regarding the TDC Capital Funds for the Airport Terminal Renovation. Mr. Craig Mundt, Arts and Cultural Alliance of St. Lucie made a brief presentation with regards to the renovations at the St. Lucie County International Airport. Mr. Craig Mundt stated that he defers spending any money on the renovations. Commissioner Christine Coke stated that she wanted to thank the airport in being a tremendous asset in brining acts to the Sunrise Theatre. Commissioner Coke motioned to have the St. Lucie County Tourist Development Council determine that the proposed improvements to the terminal will promote Page 2 of 3 ST. LUCIE COUNTY TOURIST DEVELOPMENT COUNCIL MEETING WEDNESDAY 0 October 14, 2009 0 12:30 P.M. MINUTES Members present: Commissioner Doug Coward, Chairman Councilwoman Linda Bartz, City of Port St. Lucie Paul Taglieri, St. Lucie Mets Commissioner Christine Coke, City of Fort Pierce Jill Hanson, Residence Inn by Marriott Michelle Valvano, Perfect Drive Golf Villas Members absent: Marilyn Minix, Road Runner Travel Resort Christopher Egan, Vistana's Beach Club — Sheraton PGA Pam Haney, Holiday Inn Express Staff present: Charlotte Lombard, Tourism Development Manager Diana Lewis, St. Lucie County Airport Director Katherine Mackenzie Smith, Assistant County Attorney Charline Burgess, Executive Aide to Commissioner Coward Ja' Net Pentz, Recording Secretary Also present: Erica Byfield, Comet Creative, Inc. Craig Mundt, National Navy UDT SEAL Museum Jack Connolly, Art in Public Places Al Sinik, Ahrens Companies Loretta Milian, St. Lucie County Chamber of Commerce Tricia Fantinato, LPA Group Phil Jufko, LPA Group Bob Baldassari, PGA Golf Club Michael Abramowitz, PGA Golf Club Al Rivett Kathleen Ivins, River Park Home Owners Association Jo Seiler, Hampton Inn & Suites Lisa Gilrane, Ocean Properties 1. CALL TO ORDER: County Commissioner Doug Coward called the meeting to order at 12:34 p.m. 2. ROLL CALL: Ja' Net Pentz called roll. 3. SELF INTRODUCTION OF GUESTS: Attending guests identified themselves. 4. APPROVAL OF MINUTES The minutes from September 9, 2009 were approved unanimously. a r Bahama for several years and that he makes it a point to be informed on the current tourism and government affairs. Proposed Collaboration: Sport Tourism Market (a) Deep Sea Fishing and Power Boating Competitions - Given the close proximity of one hour between Ports, this is a great opportunity to use these type of events as springboard to show case some of Grand Bahama heritage and festival a day or two before the event. Funding for this event could be incorporated into a joint advertising and sponsorship program. This event will also promote local businesses in St. Lucie and the Grand Bahama. (b) Doug Coward recommended a Triathlon Racing Event, which Ms. Johnson expressed great interest in exploring. (c) GINN Twin Golf Tournament - It was put forward that we should explore playing the.first holes in St Lucie County and the remaining holes in Grand Bahama. We could promote a package tour with GINN, PGA, Airline, Hotels and Restaurant. Funding for this event could be incorporated into a joint advertising and 'sponsorship program. This event will also promote local businesses in St. Lucie and the Bahamas. Airport Market (a) Promotion of our'Twin City' Events promoted at FBO Airport, where over 50,000 - guest pass through our gateway to the Grand Bahamas. (i.e., signs, display wall ads, brochures, Flag, etc) (b) Fun and Sun Flying Event - Promotion; radio; cable, AOPA Ma9azine and online. - Community Based Tourism St. Lucie has a strong Motorcycle enthusiast group that loves to travel on the U51 and Indian River Drive, which rides to our destination every Thursday. (a) Twin City ride. package for Motorcyclist or Bikers using a large ferry or.plane.to the Grand Bahama. This will make for the best opportunity to once again use the event as a springboard to show case some of the Grand Bahamas heritage and festival prior to the event. Funding for this event could be incorporated into a joint advertising and sponsorship program. This event will also promote local businesses.in St. Lucie and the Grand Bahamas. Suggested names: - Bikers on: the Water - Flying Hogs - Island Bikers -Bi ke to Ear -and= Ba-haws (b) Archaeological and Under Water Treasure Hunt Event -.From St. Lucie Port to Grand Bahama. Ms. Johnson was very interested in this proposal and asked for us to develop the idea further. 4 Vacation Guide We will explore PR opportunities to announce and generate excitement around the St. Lucie and Bahamas Twin Cities Partnership. In addition we are proposing the following: (a) Editorial/Advertorial in our Vacation Guide (b) Link on both St. Lucie County, Tourism and Bahamas Tourism Website. (c) Ad Placement Economic Development Doug Coward directed the discussion to several opportunities in which the partnership could be expanded into an overall economic development thrust for. both St. Lucie and Grand Bahama such as: (a) Green Energy (b) Offshore import and export. Action Items Discussed : Blair Advertising (1) Submit recap to both parties for review. (2) Submit a Memorandum of Understanding to both parties for review. (3) Upon agreement of the Memorandum of Understanding, Blair Advertising will prepare a detailed document outlining all line item element of the proposed partnership including draft budget and timeline hereafter referred to as the `Twin Citv' Partnership document. 4) The Twin City' Partnership document will be submitted to -both parties. Ms. Glenda Johnson (1) Provide contact information for the Grand Bahama Chamber of Commerce to Doug Coward. (2) Solidify plans for St. Lucie -County and Blair Advertising to visit the Grand Bahama during the first week of September'08. Doug Coward (1) Contact Larry Daum St. Lucie EDC Manager to discuss and develop ideas to add to the Twin Cities Partnership Proposal. (2) Contact Tom Colucci, Treasure Coast Sports Commission Executive Director to generate ideas t. participate in the Twin Cities Sport Marketing Events with Grand Bahama. Otfi r Action Items= Far---1ntertral-Digmssierr with=-St-Lucie=.Cc un-t QniX L 1) Blair Advertising role in the expanded new initiative "Twin City" partnership which is outside of the scope of the current contract and structuring of compensation. 2) Item above needs to be addressed'prior to completion of the Memorandum of Understanding and line item proposal. 4 AGENDA REQUE5 E C Q R I D A TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney SUBJECT: Resolution No. 09-292 BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: ITEM NO. /i DATE: October 20, 2009 REGULAR [XX] PUBLIC HEARING [] CONSENT[] PRESENTED BY: Daniel 5. McIntyre RECOMMENDATION: Staff recommends that the Board approve the revised Resolution and authorize the Chair to sign the Resolution. COMMISSION ACTION: CONCURRENCE: [ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: > Env. Resources Dir.: Purchasing: Daniel S. McIntyre Karen Smith Originating Dept. Stormwater Program Coord. County Eng.: Jason Bessey Finance: (Check for copy only, if applicable) Eff. 5/96 C6UNTY F L O R I D R� INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 09-1313 DATE: October 9, 2009 SUBJECT: Resolution No. 09-292 BACKGROUND: The Board considered the draft Resolution on October 6, 2009 and requested revisions. Attached to this memorandum is a copy of a revised Resolution in blackline form. The revisions were drafted by County Stormwater Program Coordinator Jason Bessey and Environmental Resources Director Karen Smith. RECOMMENDATION/CONCLUSION : Staff recommends that the Board approve the revised Resolution and authorize the Chair to sign the Resolution. Ily submit Daniel S. McIntyre County Attorne�' , DSM/caf Attachment RESOLUTION NO. 09-292 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, IN SUPPORT OF FEDERAL AND STATE INITIATIVES TO INCREASE STORAGE. IMPROVE WATER QUALITY AND THE TIMING AND DISTRIBUTION OF FRESHWATER TO THE ST. LUCIE ESTUARY AND INDIAN RIVER LAGOON ASKIN6 THE FEDERAL GOVERNMENT TO STOP DISCHARGIN6 POLLUTANTS AND EXCESS WATER 1-NT-0 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), , regularly discharges excess freshwater containing high levels of nutrients from Lake Okeechobee into the St. Lucie River and estuary and Indian River Lagoon through a structure known as 5- 308 89, which was comstructed amd is operated by the Corps and is used to send excess water to tide via the St. Lucie River Estuary and Indian River Lagoon SPE-1--i'li%A-Ally for the put -pose River;of nakimq such discharges imte the St. 6ueie and i ul ul ,l RI VGf L uquun are one oT Tne I- vin Ic. "iu1 GJ, {.11 IU u 11— 11ly —luuf Yyruylueb Immense socio- economic benefits to the community, and as such is the economic lifeblood of Martin and St Lucie Counties; and WHEREAS. the North Fork of the St Lucie River was designated an aquatic prserve in 1972 and is designated an Outstanding Florida Water pursuant to Rule 62-302 700 F.A.C. and is detrimentally affected by Lake Okeechobee discharges; and WHEREAS. the Florida Department of Environmental Protection has designated the St, Lucie Estuary an impaired waterbody for nutrients and established a Total Maximum Daily Load which limits the concentration of nutrients entering the St Lucie River and Estuary; and WHEREAS, f reshwater releases from Lake Okeechobee combined with drainage from the watershed, contain high levels of nutrients which continue to damage the Estuary and Lagoon and make conditions such that meeting the Total Maximum Daily Load is unachievable; and WHEREAS, the Cow release of large amounts of nutrient -laden fresh water from Lake Okeechobee has resulted in toxic algal blooms pellufamts over time have renderinged the waters of the St. Lucie River and estuary periodically e+c amd unfit for human contact and have destroyed the estuarine environment and character of the St Lucie River,-ti� decreasing biodiversity and destroying i. Lucie critically needed oyster beds and submerged aquatic vegetation; and WHEREAS the federal government has been addressing the problem of excess Lake Okeechobee waters by initiating projects including but not limited to: Indian River Lagoon South component of the Comprehensive Ever lades Restoration Plan Herbert Hoover Dike rehabilitation and the Tamiami Trail Bridge construction project; and WHEREAS the Corp's critical pro ject-Ten Mile Creek Reservoir and STA is complete but non functional and construction design and implementation for the C-23/C-24 component of the Indian River Lagoon South project has been halted by the Corps; and - M-i Nwln MOE as MLa!%:M=Ak--VamgL-1 aaaaw— M WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, desire that the Corps intensify efforts to 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 that the United States Government intensify efforts 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, arfd the Executive Director of South Florida Water Management District and the commander of the U.S. Army Corps of Engineers Jacksonville District. Section 4: This Resolution shall take effect upon its adoption. PASSED AND DULY ADOPTED this 20th day of October 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney r RESOLUTION NO. 09-292 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, IN SUPPORT OF FEDERAL AND STATE INITIATIVES TO INCREASE STORAGE. IMPROVE WATER QUALITY AND THE TIMING AND DISTRIBUTION OF FRESHWATER TO T�HyET�GOVERNMENT6 THE FEDERAL ST. LUCIE ESTUARY AND INDIANRIVER /�LAGOON OP DISCH AR61- 6 POLLUTANTS I ITANTL• AND EXCESS WATER !NT-0 TIJC L•T. 1 UCIE RIVER AND ESTUARY STI I ARY SYSTEM Y TE LOCATED IN SOUTHEAST COASTAL FLORIDA WHEREAS, the US Army Corps of Engineers (Corps), , regularly discharges pollutamts excess freshwater containing high levels of nutrients from Lake Okeechobee into the St. Lucie River and estuary and Indian River Lagoon through a structure known as 5- 308 80, which was comstructed amd is operated by the Corps and is used to send excess water to tide via the St. Lucie River. Estuary and Indian River Lagoon and WHEREAS, the St. Lucie Estuary and Indian River Lagoon are one of the most biodiverse ecosystems in the United States, and a healthy estuary provides immense socio- economic benefits to the community, and as such, is the economic lifeblood of Martin and St. Lucie Counties; and WHEREAS, the North Fork of the St. Lucie River was designated an aquatic prserve in 1972 and is designated an Outstanding Florida Water pursuant to Rule 62-302.700 F.A.C. and is detrimentally affected by Lake Okeechobee discharges; and WHEREAS the Florida Department of Environmental Protection has designated the St. Lucie Estuary an impaired waterbody for nutrients and established a Total Maximum Daily Load which limits the concentration of nutrients entering the St. Lucie River and Estuary; and WHEREAS. freshwater releases from Lake Okeechobee, combined with drainage from the watershed, contain high levels of nutrients which continue to damage the Estuary and Lagoon and make conditions such that meeting the Total Maximum Daily Load is unachievable; and WHEREAS, the Corps release of large amounts of nutrient -laden fresh water from Lake Okeechobee has resulted in toxic algal blooms pollutamts ever firme have renderinged the waters of the St. Lucie River and estuary periodically toxic emd unfit for human contact and have dest°eyed the estuarine environment and character of the St. Lucie River,l°ipst�iert rights of hem-neewmers alemq the St. Lucie P decreasing biodiversity and destroying critically needed oyster beds and submerged aquatic vegetation; and WHEREAS, the federal government has been addressing the problem of excess Lake Okeechobee waters by initiating projects including, but not limited to: Indian River Lagoon South component of the Comprehensive Everglades Restoration Plan, Herbert Hoover Dike rehabilitation, and the Tamiami Trail Bridge construction project; and WHEREAS, the Corp's critical pro ject-Ten Mile Creek Reservoir and STA is complete but non-functional and construction design and implementation for the C-231C-24 component of the Indian River Lagoon -South project, has been halted by the Corps; and �•u v �� w •i. �•si�R•�• a •�is�! ��•suvn �e • WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, desire that the Corps intensify efforts to 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 that the United States Government intensify efforts 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 District, and the commander of the U.S. Army Corps of Engineers Jacksonville District. Section 4: This Resolution shall take effect upon its adoption. PASSED AND DULY ADOPTED this 20th 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