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HomeMy WebLinkAboutAgenda Packet 01-26-2010liilfilliii1131iiitiiii ilifiirii[iimliiiiiiiliil iliiiiifiliil[il{iim"'111iiiii tiiiiiliili"1411iii i January 26, 2010 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 01/25/2010 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 2[jqf 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] January 26, 2010 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org li#€#i€#t€i�ii#€tliit€€t#fiili#iii#€i€i€€#iii#€ii#iitiiti{lii€[!1#ifii#ti€it€€#iii€€#ti#€€t€iiii�€F€€[fttiNiif�i€€IiiiiNiit#i€N€i#ili€r€€€ii€ti€i€fi€#iiii€ii#it#€€i#iii€#i€#€iN�€t€#i#ii Charles Grande, Chairman District No. 4 Doug Coward, Vice Chairman District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 Chris Craft District No. 5 tiitiliii€ifiiN#iit€ICE€ilt!€it1U€t#Nii€feif€�i#tir€1iEttii#1CN€#iititiliit€#Ai6l€4€liitliIt€€ilt€€iillt€€f€lilfi€#li€ii#i€€i€€##iitii€i€ii±€€3 I. INVOCATION H. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the January 19, 2010 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 10-040 —"St. Lucie County Fire Fighter Appreciation Month" Consider staff recommendation to adopt Resolution No. 10-040 as drafted. B. COUNTY ATTORNEY Resolution No. 10-041 —"Earned Income Tax Credit (EITC) Awareness Day" Consider staff recommendation to adopt Resolution No. 10-041 as drafted. C. COUNTY ATTORNEY Resolution No. 10-045-"Zora Neale Hurston Day" recognizing the 50th anniversary of the death of the late Harlem Renaissance author Zora Neal Hurston on January 28, 1960. Consider staff recommendation to adopt Resolution No. 10-045 as drafted. D. Green Collar Training Center Update by Rhonda Blakely, Workforce Solutions and Julian Nazario, Program Director Green Collar Task Force V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 17 B. COUNTY ATTORNEY 1. Bear Point Mitigation Bank — Credit Purchase Agreement with Florida Power & Light Company Consider staff recommendation to approve the proposed Bear Point Mitigation Bank Credit Purchase Agreement with Florida Power & Light Company, and authorize the Chairman to sign the agreement. 2. Resolution No. 10-036 — Requesting the Governor of Florida to activate all available State and Local Emergency and Relief Resources and Mechanisms for the Benefit of Homeowners impacted by Defective or Reactive Drywall Consider staff recommendation to approve to adopt Resolution No. 10-036 as drafted. 3. Ordinance No. 10-012 — Pretreatment of Wastewater; Permission to Advertise Consider staff recommendation to grant permission to Advertise Ordinance No. 10-012. 4. Permission to Advertise — Ordinance No. 10-013 Amending Chapter 1-16.2 (Public Property) to Establish Standards and Procedures for Sale of Neighborhood Stabilization Program (NSP) Properties Consider staff recommendation to approve permission to advertise proposed Ordinance No. 10-013 for public hearing on February 23, 2010, at 9:00 a.m. or as soon thereafter as may be heard. 5. Bear Point Mitigation Bank — Credit Purchase Agreement with Kiwi Partners, L.L.C. Consider staff recommendation to approve the proposed Bear Point Mitigation Bank Credit Purchase Agreement with Kiwi Partners, L.L.C., and authorize the Chairman to sign the agreement. C. PUBLIC WORKS Lakewood Park Canal Control Structures; South Florida Water Management District (SFWMD) Amendment No. 2 — Grant Time Extension Consider staff recommendation to approve of Amendment No. 2 for time extension to Contract No. 4600000621 with South Florida Water Management District for Lakewood Park Canal Control Structures Stormwater Drainage and Water Quality Improvement project as outlined in the agenda memorandum and signature by the Chairman. 2. Unsafe Structure, 2702 Essex Court, Ft. Pierce, FL 34946 Consider staff recommendation to approve to advertise a public hearing scheduled for April 6, 2010, as outlined in the agenda memorandum. D. SOLID WASTE Recycling of Cardboard Consider staff recommendation to approve to award Bid No. 09-070, Recycling of Cardboard from the St. Lucie County Solid Waste Baling and Recycling Facility to Waste Pro of Florida, Inc., and authorization for the Chairman to sign the contract as approved by the County Attorney. MANAGEMENT AND BUDGET Extension to Contract for Fire Sprinkler System Inspection, Testing and Maintenance Consider staff recommendation to approve of the second extension to Contract No. C06- 04-408 with Life Safety Systems, Inc., extending the contract through and including April 10, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Amendment to Contract for the Purchase of Sign Posts, Sign Hardware and Sign Blanks Consider staff recommendation to approve of the second amendment to Contract No. C07-03-128 with Universal Signs and Accessories, extending the contract through and including March 12, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. 3. Amendment to Contract for Processing and Recycling Services for Yard Trash, Landscape Debris and Land Clearing Debris Consider staff recommendation to approve of the first amendment to Contract No. C05- 02-096 with Thelin Recycling Company, L.P., extending the contract through and including March 31, 2013, and authorization for the Chairman to sign documents as approved by the County Attorney. Assignment of Contract for the Processing of Waste Tires Consider staff recommendation to approve of the assignment of Contract No. C05-11-692 from Florida Tire Recycling, Inc. to Liberty Tire Recycling, and authorization for the Chairman to sign documents as approved by the County Attorney. Amendment to Contract for Residential Real Estate Title Services Consider staff recommendation to approve of the first amendment to Contract No. C09- 04-204 with St. Lucie Title Services, Inc. extending the contract through and including April 27, 2011 and authorization for the Chairman to sign documents as approved by the County Attorney. F. AIRPORT Wetland Mitigation Area Monitoring Consider staff recommendation to approve of LPA Group Work Authorization No. 25 to provide consultant services for the second annual wetland mitigation area monitoring for a lump sum amount of $37,913.50 and authorization for the Chairman to sign the document as approved by the County Attorney. G. GROWTH MANAGEMENT Road Impact Fee Credit Agreement 10-001, Dogs and Cats Forever, Inc. Consider staff recommendation to approve of Road Impact Fee Credit Agreement 10-001 and authorization for the Chairman to sign document as approved by the County Attorney. H. COMMUNITY SERVICES Acceptance of Federal Transit Administration (FTA) 5311 Operations Grant Consider staff recommendation to approve acceptance of FTA 5311 Joint Participation Agreement with FDOT; approval of Budget Resolution 10-042 and sub agreement with Council on Aging of St. Lucie Inc; and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Acceptance of Transit Block Grant Consider staff recommendation to approve acceptance of the Florida Department of Transportation Joint Participation Agreement Transit Block Grant; approval of Budget Resolution No. 10-043 and sub agreement with Council on Aging of St. Lucie, Inc.; and authorization for the Chairman to sign documents as approved by the County Attorney. 3. Submission of Section 5317 New Freedom (NF) Application Consider staff recommendation to approve to submit an application for the FTA Section 5317 grant and authorization for the Chairman to sign documents as approved by the County Attorney. 4. Submission of Section 5316 Job Access Reverse Commute (JARC) Application Consider staff recommendation to approve to submit an application for the FTA Section 5316 grant and authorization for the Chairman to sign documents as approved by the County Attorney. INFORMATION TECHNOLOGY ADDITION TO THE AGENDA 50k VA UPS System Consider staff recommendation to approve authorization to purchase 50k VA UPS System for 101 N. Rock Road office. Board approval of Budget Amendment #BA10-010 and Equipment Request #EQ10-020 in the amount of $46,200.00. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. There are no public hearings scheduled for January 26, 2010 END OF PUBLIC HEARINGS Vill. GROWTH MANAGEMENT Major Site Plan approval for The National Elephant Center Consider staff recommendation to approve adoption of Resolution No. 10-010, granting Major Site Plan approval for The National Elephant Center as outlined in the attached memorandum. IX. BOARD OF COUNTY COMMISSIONERS Updates from the Commissioners on the various Boards/Committees X. ANNOUNCEMENTS The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, January 26, 2010 at 1:30 p.m. in Conference Room #3. 2. The Board of County Commissioners will hold a Public Workshop on the Airport Master Plan on Monday, February 1, 2010 at 6:00 p.m. in the County Commission Chambers. 3. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, February 23, 2010 at 1:30 p.m. in Conference Room #3. 4. The March 23, 2010 Regular Board of County Commissioners Meeting has been canceled. 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. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stiucieco.org Chris Dzadovsky, Chairman District No. 1 Paula A. Lewis, Vice Chair District No. 3 Doug Coward District No. 2 Charles Grande District No. 4 Chris Craft District No. 5 MINUTES Approve the minutes from the January 12, 2010 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 16 and 17. B. MOSQUITO CONTROL Approval of Budget Resolution 10-001 for FishAmerica Foundation (FAF) Grant Consider staff recommendation to approve Budget Resolution 10-001 and authorization for the Chairman to sign the Resolution as approved by the County Attorney. 2. Approval of Budget Resolution 10-003 for National Association of Counties (NACO) Grant Consider staff recommendation to approve of Budget Resolution 10-003 and authorization for the Chairman the Resolution as approved by the County Attorney. Approval of Budget Resolution 10-002 for St. Johns River Water Management District (SJRWMD) Grant Consider staff recommendation to approve of Budget Resolution 10-002 and authorization for the Chairman to sign the Resolution as approved by the County Attorney. 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 swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT www.co.st-lucie.fl.us www.stiucieco.org i#il<#ii iii#ittiiiii Nl ii1tliii#1#iiili#litl#Si#itii#ilfifil#11i#1#i{# fii### tt##i{liil#U#i#1iS#t#i#7#ii1tU{#7i#iiSii#iiti#iil{ Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 MINUTES Approve the minutes from the January 12, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 16 and 17. 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: January 19, 2010 Convened: 6:00 p.m. Adjourned: 8:35 p.m. Commissioners Present: Chairman, Charles Grande, Doug Coward, Paula A. Lewis, Chris Craft, Chris Dzadovsky Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Jim David, Mosquito Control Director, Diana Lewis, Airport Director, Debra Brisson, Parks and Rec. Director, Lauri Case, Utilities Director, Mark Satterlee, Growth Management Director, Millie Delgado -Feliciano, Deputy Clerk INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the January 12, 2010 meeting. It was moved by Com. Coward, seconded by Com. Craft, to approve the minutes of the meeting held January 12, 2010, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. South Florida Water Management District will update the Board on the Upper East Coast Water Supply Planning Process Mr. Mark Elsner, SFWMD made a presentation and updated the Board on the Upper East Coast Water Supply Planning Process. V. GENERAL PUBLIC COMMENT Mr. John Arena, area resident addressed the Board and stated any increase in depth to the channel would Increase the surface speed of watercrafts. Ms. Meg Ramey, Chair of the Haitian Advisory Council addressed the Board and advised them of a Candlelight vigil being held Wednesday night at the Fenn Center at 6:30 p.m. for the Haiti victims. She thanked everyone for their support and contributions to the Haiti residents. Com. Coward requested the Board ratify his appointment of Eric Dukes to the Sustainability Committee. It was moved by Com. Craft, seconded by Com. Dzadovsky to ratify Com. Coward's appointment, and; upon roll call, motion carried unanimously. VI. CONSENT AGENDA It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve the Consent Agenda, and; upon roll call, motion carded unanimously. A. WARRANTS Approve warrant list No. 16 The Board approved Warrant List No. 16. B. COUNTY ATTORNEY 1. Ordinance No. 10-010 — Expert Documents; Testimony — Permission to Advertise Com. Grande stated he had requested 1100-04 be expanded to include the Comprehensive Plan changes. Com. Dzadovsky concurred. The Board granted permission to advertise Ordinance No. 10-010. Volo Holdings Fort Pierce, LLC — Subground Lease Agreement with Omniflight Helicopters, Inc. The Board consented to the Subground Lease Agreement between Volo Holdings Fort Pierce, L.L.C., and Omniflight Helicopters, Inc. 3. Facilities Use Agreement - St. Lucie County Health Access Network The Board approved the Facilities Use Agreement and authorized the Chairman to sign the Agreement. C. GROWTH MANAGEMENT Proportionate Fair Share and Road Impact Fee Credit Agreement — BPSC Industries The Board authorized advertising a public hearing before the Board of County Commissioners on February 2, 2010, as outlined in the agenda memorandum. D. PUBLIC WORKS TSOP, LLC — Road Improvement for CVS Pharmacy The Board approved the Road Improvement Agreement with TSOP, LLC and authorized the Chairman to sign documents as approved by the County Attorney. 2. South 25th Street and North Cortez Boulevard The Board authorized advertising a public hearing to be held on March 2, 2010 at 6:00 p.m. or soon thereafter to consider the intersection of South 25t" Street at North Cortez Boulevard. Notice of Intent for Energy Conservation/Renewable Energy (ECRE) Municipal Service Benefit Unit (MSBU) The Board authorized advertising a public hearing to consider approving a resolution stating its intent to use the uniform method of collecting assessments if levied on properties within the proposed ECRE MSBU to be held at the Board's regular day meeting on February 23, 2010, as outlined in the agenda memorandum. E. PARKS AND RECREATION Contract Amendment, Agricredit The Board approved the second amendment to Master Lease/Loan Agreement C09-10- 544 with Agricredit for golf carts for the Fairwinds Golf Course as outlined in the agenda memorandum and authorized the Chairman to sign documents as drafted by the County Attorney. Recreation Facilities Mutual Use Agreement with the St. Lucie County School Board The Board approved the amended and restated Recreation Facilities Mutual Use Agreement with the St. Lucie County School Board as outlined in the agenda memorandum and authorized the Chairman to sign documents as drafted by the County Attorney. F. ADMINISTRATION Economic Development Council Grant for 2009-2010 2 The Board approved the grant for $250,000 and authorized the Chairman to sign the agreement. F. ADMINISTRATION CONTINUED 2. Economic Development Council First Quarter Invoice The Board approved the acceptance of the First 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, subject to the contract being approved. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No. 10-002 — Amending Section 14-26 (Enforcement and Penalties; Mandatory Court Appearance) to Provide for Surcharge pursuant to Section 828.27(4)(b), Florida Statutes, to Fund Training for Animal Control Officers Consider staff recommendation to adopt proposed Ordinance No. 10-002 as drafted. It was moved by Com. Craft, seconded by Com. Lewis, to approve Ordinance No. 10-002, and; upon roll call, motion carried unanimously. B. COUNTY ATTORNEY Ordinance No. 10-001 (f/k/a Ordinance No. 9-027) - Amending 1-15-28 (Beaches) to permit Dogs on Wild Cat Cove Consider staff recommendation to adopt proposed Ordinance No. 10-001 (f/k/a Ordinance No. 09- 027) as drafted. Mr. Rick Feedler, area resident addressed the Board and stated his concern with the possibility the beach area to the north may be impacted by the approval of this ordinance. The Asst. County Attorney advised Mr. Feedler this ordinance would not impact the beach area. Com. Craft stated dogs were not permitted on the beach and this was a compromise they came up with. Dr. Jo Crown, A-1-A resident addressed the Board and stated in the newspaper it stated the Homeowners in the area were in favor of this ordinance. She advised the Board many of the residents were not aware of this ordinance being considered tonight. She also addressed the sidewalks in the area being in disrepair. She stated although this ordinance may be the best alternative it is not meeting the needs of those who live there. The Asst. County Attorney stated north of Pepper Park they do not address dogs on the beach. An unidentified resident stated he current ordinance from pepper park north does not have a designation. Mr. Feedler reiterated his position and stated his concern that this is some precondition to ban dogs north of the beach. Com. Craft advised those present his office has contacted those who are responsible for fixing the sidewalks in the area. This is not the jurisdiction of the county, it is a state road. C. GROWTH MANAGEMENT Ordinance No. 10-006 (FKA 09-031), Small -Scale Amendment to the Future Land Use Map for Sands End Development, LLC. Located on South Hutchinson Island (File No.: FLUMA 420093979) 3 Consider staff recommendation for Board denial of the Small -Scale Amendment to the Future Land Use Map for Sands End Development, LLC as Outlined in the attached memorandum. Staff advised the Board she would be presenting both item 7-C and 7-D together but voted on separately. Com. Grande advised the Board in speaking with the applicant, they did not have a problem with changing the zoning from RM to RU due to the RM which is 9 to the acre and is high when it comes to the 35 foot high limit areas. RU is 5 to the acre. They questioned if they would be allowed to aggregate the density from both parcels over the entire proposed development. The Growth Mgt. Director stated this would be normal and would be allowed to aggregate the density across the development. Com. Grande asked the County Attorney if they could make the change tonight or do they need to re -advertise and hold the hearing at a future meeting. The Growth Management Director recommended re -advertising the hearing since there is a change. The County Attorney concurred and recommended re -advertising it as an RU and believes legally this is what is required. Mr. Dennis Murphy, Culpepper and Terpening addressed the Board and stated if they are certain the aggregate density would be allowed in the code they would not have any objection re - advertising for a rehearing for an RU petition. The County Attorney advised the Board the HIRD petition(item 7-D) could be continued without re - advertising. Quasi Judicial All the Board members acknowledged having contact with the applicant. It was moved by Com. Craft, seconded by Com. Lewis, under discussion, Com. Coward questioned the two different land uses. Mr. Murphy stated the other parcel was not part of the development plan Com. Coward stated it seemed it would make sense the parcels would have one land use rather than separate designations. Com. Grande stated it makes sense to him to address this petition tonight and this will be coming back to the Board within the next couple of weeks and he believes staff will have enough time to do the analysis and make a recommendation as they did with the RH request and have that as part of that hearing. At this time Com. Craft withdrew his motion due to the need for more clarification on the Board's position. Com. Lewis withdrew her second The Growth Management Director stated Com. Coward's recommendation makes sense however he is not sure the applicant would agree to do this because it may reduce the amount of units available. At six or just under seven is a small scale amendment and adding the other may make it 10 acres or more and this would change it to a large scale amendment and would need to go through the DCA process. Mr. Murphy addressed his concern in going over the red line boundaries. The legal description prepared is for the red line boundary. If they change the legal description they may need to go back to ground zero and start over again. They are not objecting to the change to RU and they are aware of Com. Coward's concerns about the needs analysis and they will do their best to address it. He advised the Board the west side is not a part of any of their development plan. Mr. Murphy advised the Board which two parcels will be designated in the development plan. The other parcel they own but have not decided what to do with it; they are only interested in developing on the ocean side. 4 Ms. Sonja Vredack, Empress resident recommended having two different hearings to avoid having them start over again. It was moved by Com. Craft, seconded by Com. Lewis, to continue this hearing to February 16, 2010 at 6:00 pm. or as soon thereafter providing the applicant the opportunity to amend this application from RH to RU; The County Attorney advised the Board the motion would be to set the hearing for February 16, 2010 at 6:00 pm. or as soon thereafter as it may be heard, with the requirement the applicant pay for and re -advertise the hearing reflecting the change from RM to RU. Com. Craft changed his motion to reflect the County Attorney's recommended motion, Com. Lewis concurred with the new motion. It was moved by Com. Craft, seconded by Com. Lewis to set the hearing for February 16, 2010 at 6:00 pm. or as soon thereafter as it may be heard, with the requirement the applicant pay for and re -advertise the hearing reflecting the change from RM to RU and; upon roll call, motion carried unanimously. D. GROWTH MANAGEMENT Resolution No. 10-006 (FKA 09-219), Petition to Amend the Official Zoning Atlas for Sands End Development (File No.: RZ 620093986) Consider staff recommendation for Board denial of the Petition to amend the Official Zoning Atlas for Sands End Development, LLC as outlined in the attached memorandum. It was moved by Com. Lewis, seconded by Com. Coward, to continue this item on February 16, 2010 at 6:00 pm, or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. E. GROWTH MANAGEMENT Resolution No. 10-024, Preliminary Planned Unit Development for the Shinn Road Equestrian Estates project. (File No.: PUD 06-002) Consider staff recommendation for Board denial of Resolution No. 10-024 approving the Preliminary Planned Unit Development for Shinn Road Equestrian Estates, as outlined in the agenda memorandum. Staff provided a summary of the issues. Condition # 7- staff is resolute that the code requires that a multi -use path be provided as part of this development, but that the applicant should not have to bear the full cost of such a path. Condition # 7 has been revised to require that the path be "constructed at the same time as other required roadway improvements" and that "The developer shall be eligible for road impact fee credits for half of the construction cost of the path." Save the Chimps disclosure: County staff, the applicant and the Save the Chimps sanctuary representative have agreed upon amended language for Condition # 18. Equestrian amenities: The applicant has agreed to provide specific equestrian amenities as outlined in new Condition # 27. Reading as follows: Prior to Final PUD approval, the final site plan will reflect development as an equestrian community with appropriate equestrian amenities, including but not limited to 1) the construction of an engineered riding area, 2) riding trails as generally depicted on the preliminary site plan: 3) stabilized parking area adjacent to the riding arena of sufficient size for several trucks with horse trailers and cars; and 4) two run in type stalls with adjacent paddocks. Gated community: The applicant agrees that the proposed project will not be gated as outline in a new Condition # 28. Reading as follows: Prior to Final PUD approval, the applicant shall indicate on the site plan that the proposed community will not be gated. Buffer adjacent to agricultural us: New condition # 29 outlines the additional rear setback that the applicant has agreed to provide to increase the buffer on the northwest boundary of the site plan. 5 Reads as follows: Prior to Final PUD approval, the applicant shall amend the site plan to provide an additional 70 foot rear setback on the lots along the west side of the northern parcel, for a total of 100 foot rear setback. Road connectivity: Staff recommends as new Condition # 30 that the right of way being provided by the applicant for the north -south road internal to the development be extended to the southern boundary of Goldsmith Road. In addition, "a stabilized access shall be provided within this right of way and extending west within the 35 feet being donated by the applicant for the future expansion of Goldsmith Road." Reads as follows: Prior to Final PUD approval, the applicant shall indicate on the site plan that the area north of the cul-de-sac between Lots 95 and 96 and the buffer area north of Lot 96 is also for emergency access and shall contain a minimum twenty foot wide stabilized surface that terminates at a gate located at the northwest comer of the Property with access controlled by the Fire District. There is one issue needed to be worked out and that is whether this is to be an access to be had by the residents or solely for the purpose of the Fire District. Mr. Jonathan Ferguson, Attorney for the applicant addressed Com. Dzadovsky's question on condition number 28 not indicated in the letter to the Planning Manager, Mr. Ferguson indicated the letter did not address all the conditions that were added by omission they accept those without change, the letter was limited to minor words and their objection to number 7. In condition 18 they agree with the condition except they do not understand why the sentence: "The Save the Chimps sanctuary operation is permitted under the existing agricultural zoning" was added to subpart d. The concern is that they do not wish to be accused of providing a legal opinion on county ordinances. They suggested the words "according to the county" be inserted in front of the part of the sentence that reads, ""The Save the Chimps sanctuary operation is permitted under the existing agricultural zoning". Mr. Ferguson indicated he had discussed this change with The Save the Chimps foundation and they agreed. Com. Dzadovsky addressed condition 15 re: open space. Mr. Ferguson indicated they did not have a problem with this condition they accept the language drafted by staff. Com. Dzadovsky questioned if they had considered proportionate fair share regarding the sidewalks. Mr, Ferguson stated they believe it is unfair to require this applicant to construct any portion of the multi -use path. This project is not causing the need to construct a multi -use path. The County Surveyor addressed the Board and stated his position and stated he disagreed with Mr. Ferguson. He believes a fee in lieu of will benefit the county much greater than a fair share contribution. They would be able to utilize this fee anywhere in the county. The figure calculated for the fee in lieu of is $49,870.00. Com. Dzadovsky stated due to the fact that many developments have been built in the cities of Port St. Lucie and Ft. Pierce without sidewalks, he believes the fee in lieu of is a good recommendation and he would not be comfortable with moving forward at least with that condition. Mr, Ferguson stated if they are required to make a payment they base it on the size of a typical sidewalk and if the county wants to upgrade a typical sidewalk it then be the county's responsibility. The County Surveyor advised Mr. Ferguson the fee indicated is for a 6 foot sidewalk which would be their proportionate share. Mr. Ferguson requested the payment be made on a pro-rata basis at the time of the building permit when the impact and need for the sidewalks arise. He believes there is not legal requirement at all. Com. Coward stated he did not agree with Mr. Ferguson's prior comment. He too is in favor of some type of contribution. Mr. Ferguson stated for the record they did not have a problem with condition 28 as proposed, condition 29 as proposed, condition 18 they have addressed with the adding of the language, condition 27 they are proposing identifies the amenities, he believes staff did not have a problem with it and requested they use the revised language . Condition 30, the language for condition 13 is what is depicted in the site plan but not identified as emergency access and staff recommended Com. Grande addressed the fact that staff feels the project warrants 30 conditions should the Board consider approval rather than staffs recommendation of denial. Com. Coward stated there seems to be a consensus by the Board that he happens to disagree with however he believed there was a comment on how to define this project and it is simple, it is from agriculture to urban sprawl. He believes it is a bad plan and will set a negative precedent for the county. It is the most costly use of land use in the nation converting agricultural land to residential sprawl. Com. Dzadovsky stated although he respects Com. Coward's educational background and knowledge, he believes the Board has maintained the position that development should pay for itself and have indicated the internal roads and sidewalks will be maintained by the developer not the St. Lucie county residents. This developer is providing additional dollars for future sidewalks which is to help with costs to the community. His position is that this is a unique community and they need to build the opportunity for those in the equestrian community to participate with our Fairgrounds and create different programs and feel it is a positive for the county. Com. Coward stated the operations side is much of the cost not the capital. He does not believe this will be any benefit. He is receptive to the equestrian community and would like the developer to look at it holistically. Com. Craft stated this application has been in the works for many years and this is not a rush to try and get it done. Com. Grande stated he believed what Com. Coward may be trying to say is that it may be premature to the Western Lands study. Com. Craft stated this was started prior to the Western Lands study with different rules and regulations and felt it was not fair. The County Attorney requested the ability to go through the conditions as amended for clarification # 7- deleted as drafted and language inserted to require fee in lieu in the amount of $49,870.00 to be paid 90 days after final PUD approval # 18- proposed amendment to sub paragraph d start with the words, "according to the County", # 27 — proposed changes by the applicant and additional changes by the county requiring construction by the developer prior to the pulling of the first building permit construction of the equestrian amenities to include riding trails, stabilized parking areas and two run in type stalls with adjacent paddocks. # 28 — acceptable as drafted # 29 — acceptable as drafted # 30 - language added regarding the area north of the cul-de-sac between lots 95 and 96 and the buffer area north of lot 96. Com. Grande stated he takes exception to the added language "according to the county" and he suggests the words do nothing but make it weaker rather than stronger. Com. Coward stated he believed number 30 does not pertain exclusively to emergency access. He would encourage the Board maintain some sort of connectivity between this community and any future development. Com. Lewis stated her recollection was the sanctuary did not wish for this area to be included for fear that it would lead to further access to development in that area. He would encourage the Board maintain some sort of connectivity between this community and any future development. It was moved by Com. Dzadovsky, seconded by Com. Craft (under discussion) to approve with the conditions as presented including the last item by Com. Coward as surmised by the County Attorney including the fee in lieu of and the list of conditions; Com. Craft stated those are private roads and future linkage would require dedication of internal roads to the county and he is not sure they would want to be in that. Com. Coward presented clarification of the motion: agree to the fee in lieu, 90 days after PUD approval in # 7; #27 the amenities constructed by the developer prior to the pulling of the first building permit; # 30 comfortable with language as presented by staff as a condition providing access to the north; # 18 language added "according to the county" as presented by the attorney for the applicant And; upon roll call, the vote was as follows: Nay: Coward, Grande; Aye's: Lewis, Craft, Dzadovsky, motion carried by a vote of 3 to 2. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT. County Attorney ITEM NO. IV -A DATE: January 26, 2010 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 10-040 -"ST. LUCIE COUNTY FIRE FIGHTER APPRECIATION MONTH". BACKGROUND: Liz Coffey, Fundraising Coordinator with the Muscular Dystrophy Association, has requested that this Board proclaim the month of February 2010 as "ST. LUCIE COUNTY FIRE FIGHTER APPRECIATION MONTH " in St. Lucie County, Florida. The attached Resolution No. 10-040 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-040 as drafted. COMMISSION ACTION: CONCURRENCE: (�Q APPROVED [ ] DENIED - (] OTHER: �— Approved 5.0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: Daniel S. McIntyre RESOLUTION NO. 10-040 A RESOLUTION PROCLAIMING THE MONTH OF FEBRUARY 2010 AS "ST. LUCIE COUNTY FIRE FIGHTER APPRECIATION MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Fighting fires is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage, and selfless concern for the welfare of our citizens. 2. In addition to their daily service to communities, Fire Fighters throughout the state and across the nation have joined the Muscular Dystrophy Association (MDA) for the past 50 years in the fight against neuromuscular disease. 3. Florida Fire Fighters collected more than $2,171,000 in over 300 communities including over $38,000 in St. Lucie County with their 2009 "Fill the Boot" campaign for the MDA, again making them MDA's largest source of funding. 4. The Muscular Dystrophy Association is extremely grateful to the St. Lucie County Fire Fighters for their support and dedication. 5. The funds collected by the St. Lucie County Fire Fighters assist MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families. 6. In honor of the efforts of the St. Lucie County Fire Fighters, the MDA is sponsoring St. Lucie County Fire Fighters Appreciation Month. 7. It is appropriate for all St. Lucie County citizens to join the Muscular Dystrophy Association in tribute to our Fire Fighters. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of February 2010 as "ST. LUCIE COUNTY FIRE FIGHTER APPRECIATION MONTH" in St. Lucie County, Florida. 2. This Board does hereby commend the Fire Fighters of St. Lucie County for their efforts on behalf of the Muscular Dystrophy Association. t PASSED AND DULY ADOPTED this 26th day of February 2010. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. IV-B DATE: January 26, 2010 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 10-041-"EARNED INCOME TAX CREDIT (EITC) AWARENESS DAY" BACKGROUND: Rose Mintern, a representative with Internal Revenue Service, has requested that this Board proclaim January 29, 2010 as "Earned Income Tax Credit (EITC) Awareness Day" in St. Lucie County, Florida. The attached Resolution No.10-041 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-041 as drafted. COMMISSION ACTION: CONCURRENCE: [� APPROVED [ ] DENIED [ ] OTHER: �1 Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: Daniel S. McIntyre RESOLUTION NO. 10-041 A RESOLUTION PROCLAIMING 1ANUARY 29, 2010, AS "EARNED INCOME TAX CREDIT (EITC) AWARENESS DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Earned Income Tax Credit (EITC), approved by Congress in 1975, is a refundable federal income tax credit for low/moderate income working individuals and families and is the nation's largest anti -poverty program. When the credit exceeds the amount of taxes owed, it results in a tax refund to those who qualify for and claim the credit. The EITC was devised to improve quality of life by encouraging the use of this refund for necessities such as reliable transportation, safe housing, college funds or savings. This credit improves the economy by bringing in and circulating more money into the local economy. 2. Each year millions of dollars of Earned Income Tax Credits go unclaimed bythe working families in St. Lucie County because they lack information or affordable assistance. St. Lucie County is working to substantially increase the number offamilies claiming EITC dollars, with additional goals to provide access to financial education and other asset building programs. 3. Annually many low/moderate income residents pay high prices for tax preparation services, as well as exorbitant interest on rapid refund loans. The availablity of local volunteer income tax assistance (VITA) sites is an additional service of which many residents are unaware. 4. This campaign, sponsored by St. Lucie County Community Services, is a unique collaboration of public, private and non-profit organizations across the four county area, supported by the Treasure Coast Community Action Agency, City of Port St. Lucie, Save Our Children, Miracle Prayer Temple, Mustard Seed Ministries, Harvest Food and Outreach, Volunteers in Tax Assistance (VITA), other businesses and community -based organizations, and many local volunteers. 5. Through this effort, citizens can receive free tax preparation by volunteer preparers at five sites throughout St. Lucie County, ensuringthat those eligible for the Earned Income Tax Credit will receive their full, earned share. 6. St. Lucie County is proud to share in this effort of promoting economic opportunity and financial education to our citizens: • New EITC provisions mean more money for larger families. • EITC can be a financial boost for working people hit by hard economic times. • One in four eligible taxpayers could miss out because they are not aware of EITC. • Taxpayers can get free help determining their eligibility for EITC and other credits by visiting a local volunteer tax preparation site, by visiting their local IRS Taxpayer Assistance Center, or using the EITC Assistant at www.irs.gov/eitc. • Anyone who earned less than $49,000 and whose financial, marital or parental status changed this year should check to see if they qualify. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim January 29, 2010, as "EARNED INCOME TAX CREDIT (EITC) AWARENESS DAY" in St. Lucie County, Florida. 2. This Board commends all those taking part in this campaign for their dedication to providing our citizens with knowledge and tools for improved financial self-sufficiency; and encourage individuals and families to take full advantage of the many benefits afforded them by the EITC. PASSED AND DULY ADOPTED this day of , 2010. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY im AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. IV-C DATE: January 26, 2010 REGULAR [x ] PUBLIC HEARING [ ) CONSENT[] PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 10-045-"ZORA NEALE HURSTON DAY" recognizing the 50"f' anniversary of the death of the late Harlem Renaissance author Zora Neal Hurston on January 28, 1960. BACKGROUND: Adrienne Moore, APR, a representative of Communications Strategies, has requested that this Board proclaim January 28, 2010 as "ZORA NEALE HURSTON DAY" in St. Lucie County, Florida. The attached Resolution No. 10-045 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-045 as drafted. COMMISSION ACTION: CONCURRENCE: 6C] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: 4- Daniel S. McIntyre RESOLUTION NO. 10-045 A RESOLUTION PROCLAIMING THURSDAY, JANUARY 28, 2010 AS "ZORA NEALE HURSTON DAY" IN ST. LUCIE COUNTY, FLORIDA, IN CELEBRATION OF THE LIFE AND LITERARY ACHIEVEMENTS OF THE LATE HARLEM RENAISSANCE AUTHOR, ZORA NEALE HURSTON AND RECOGNIZING THE 50TH ANNIVERSARY OF HER DEATH ON JANUARY 28, 1960 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Zora Fest Committee of Fort Pierce - St. Lucie County wishes to recognize the 50th anniversary ofthe death of the late Harlem Renaissance author Zora Neale Hurston on January 28, 1960. 2. Hurston, an inductee of the Florida Artist Hall of Fame, spent many years in Florida, as a child growing up in Eatonville; as a researcher for her anthropological studies in black songs and stories at turpentine camps; as a writerforthe Works Progress Administration Federal Writers Project collecting folklore that is now part of a collection at the Library of Congress; and as a novelist portraying the stories of her life, her experiences and her interests. 3. Hurston is best known for her masterwork, Their Eyes Were Watching God (1937), six novels, four children's books, her autobiography, Dust Tracks on a Road (1942), and other plays and magazine publications. 4. Hurston came to Fort Pierce at the request of C.E. Bolen, publisher of the black newspaper, The Chronicle, to write columns for his newspaper, to work part-time at Lincoln Park Academy, and to continue writing magazine articles, while working on her unfinished book, Herod the Great. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby designate Thursday, January 28, 2010 as "ZORA NEALE HURSTON DAY" in St. Lucie County, Florida, recognizing the 50th anniversary of Hurston's death on January 28, 1960. 3. This Board urges the citizens of St. Lucie County to participate in the events scheduled to honor Zora Neale Hurston at Zora Fest. The Zora Fest Committee invites everyone to a special remembrance at Hurston's gravesite at Sarah's memorial Garden in Fort Pierce at 4:00 pm on January 28, 2010 honoring Hurston's achievements in literature, folklife, anthropology and cultural studies. PASSED AND DULY ADOPTED this 26" day of January 2010. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY CONSENT AGENDA ITEMS 1 01/22/10 FZABWARR FUND TITLE 001 001113 001164 001176 001180 001181 001184 001188 001436 001442 001508 001509 001510 001511 001512 001513 001515 101 101002 101003 101004 101006 102 102001 102809 105 107 107001 107002 107003 107005 107006 107205 113 114 116 117 119 123 128 130 130101 130105 130207 136 138 140 150 ST. LUCIE COUNTY - BOARD WARRANT LIST #17- 16-JAN-2010 TO 22-JAN-2010 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran USDOJ Violence Against Women Grant FTA Section 5303 F/Y06 US Dept Housing HUD Shelter Plus Gr FTA Section 5307 Operating & Capita CDBG 07 Section 112/MPO/Fhwa/Planning 2007 INTACT Inspired Network to Achieve FCTD Planning Grant Agreement FTA Buses US Dept of Housing CDBG 09 CSBG FY 2009-2010 ARRA CSBG 2009 Neighborhood Stabilization Program EITC CSBG T&TA Program FDCA EMPA FY10 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 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 -Legal Aid F&F Fund -Court Related Technology Juvenile Justice & Delinquency Prev Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Queens Cove Lighting Dist#13 Fund Kings Hwy Industrial Park Lighting SLC Public Transit MSTU FTA Operating and Capital Assist FTA 5307-2 2009 Cap & Oper FDOT Fized Route Grant Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Airport Fund Impact Fee Collections EXPENSES 357,512.54 89,999.97 19,458.22 104.41 40.30 210.00 18,752.37 3,808.42 1, 692.75 21.22 183.00 361.20 1,574.64 81.21 1,723.05 4,506.51 83.25 3, 666.92 22,343.93 4,842.30 2,372.02 45,200.00 6, 912.45 876.17 366.51 3,135.99 55,043.08 86.68 15,027.53 28,384.88 8, 757.17 2,443.17 454.34 209.99 463.65 512.81 128.11 738.72 311.29 440.47 114,928.34 77,051.00 35,778.00 22,000.59 1,616.68 233.13 5,507.58 109.70 PAGE PAYROLL 545,004.65 1,703.01 0.00 1,408.31 S32.43 0.00 295.80 9, 663.35 0.00 285.80 0.00 0.00 1,157.60 1,157.61 1, 635.80 0.00 0.00 37,059.37 43,701.51 19, 698.01 17,327.38 0.00 72,736.49 5,350.63 5,071.37 0.00 141,073.98 1,122.83 1,122.83 0.00 0.00 8,736.95 2,076.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,176.18 0.00 0.00 0.00 0.00 0.00 15,054.22 1,523.20 O1/22/10 FZABWARR FUND TITLE 160 183 183001 183004 183006 185009 185010 185011 189100 189101 189201 242 310001 396 401 418 451 458 461 471 478 479 491 505 505001 611 625 630 650 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #17- 16-JAN-2010 TO 22-JAN-2010 FUND SUMMARY Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP 2007/2008 FHFA SHIP 2008/2009 FHFA SHIP 2009/2010 Home Consortium Home Consortium FY 2008 FHFC Hurricane Housing Recovery Pla Port I&S Fund Impact Fees -Library 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 Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Tax Deed Overbid Agency Fund Agency Fund Bank Fund GRAND TOTAL: EXPENSES 5,720.31 4,790.25 120.00 532.77 15,286.77 295.65 159.95 240.80 7,880.43 177.28 217.58 1,000.00 1, 616.23 20.44 50,270.26 9, 644.40 392.87 42.49 16,442.63 1,274.15 97.34 110.38 3,012.54 131,354.23 244.89 40,619.05 71,908.19 951. 98 368.76 247,814.08 1, 572, 662. 96 PAGE PAYROLL 3,119.62 3,009.49 0.00 5,404.72 0.00 92.70 2,219.04 0.00 2,305.80 0.00 0.00 0.00 0.00 0.00 56, 923.85 19,830.16 3,449.96 573.65 17,509.49 7,891.42 1,316.89 1,481.06 38,506.89 1,186.40 3,288.44 2,001.06 0.00 0.00 0.00 0.00 1,106,785.95 2 Em AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B.1 Date: January A4, 2010 Regular [ ] Public Hearing [ ] Consent[X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Bear Point Mitigation Bank - Credit Purchase Agreement with Florida Power & Light Company BACKGROUND: See C.A. No. 09-1723 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed Bear Point Mitigation Bank Credit Purchase Agreement with Florida Power & Light Company, and authorize the Chairman to sign the agreement. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: 11 Dn iel S. McIn e Originating Dept.: J mes R. David Finance (Check for Copy only, if applicable): CONCURRENCE: Coordination/Signatures Mgt. & Budget: Other: Faye W. Oultaw, M.P.A. County Administrator Purchasing: Other : INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 09-1723 DATE: December 30, 2009 SUBJECT: Bear Point Mitigation Bank - Credit Purchase Agreement with Florida Power & Light Company BACKGROUND: Attached to this memorandum is a copy of a proposed Bear Point Credit Purchase Agreement with Florida Power & Light Company ("FP&L"). The agreement provides for FP&L to purchase .80 Dual Federal/State Credits in the Bank. FP&L is required to obtain the credits in conjunction with the planned maintenance of the St. Lucie Nuclear Power Plant discharge canal. FP&L has already paid a twenty-five percent (25%) reservation fee in the amount of twenty-nine thousand two hundred fifty and 00/100 dollars ($29,250.00) to reserve .90 State/Federal Credits for the project. The permitting agencies have since reduced the required number of credit to .80 State Credits. The total cost of the new credit requirement is seventy-eight thousand and 00/100 dollars ($78,000.00). The reservation payment has been applied to this cost. FP&L has paid the remaining amount in full. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed Bear Point Mitigation Bank Credit Purchase Agreement with Florida Power & Light Company, and authorize the Chairman to sign the agreement. Respectfully submitted, %__� 63-M Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Mosquito Control Director Finance Director MITIGATION BANK CREDIT PURCHASE AGREEMENT THIS AGREEMENT made and entered into this 1Ith day of December, 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County"), whose address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982, and FLORIDA POWER & LIGHT COMPANY, a Florida Corporation, whose address is 7200 NW 4TH Street, Plantation, Florida 33317, (the "Developer"). WITNESSETH WHEREAS, the County owns and operates the Bear Point Mitigation Bank, ("Bank"); and, WHEREAS, the Developer is the owner of certain property lying in the Bank's Mitigation Service Area, ("Site"); and, WHEREAS, the Developer intends to develop the Site in a manner consistent with all local, state, and federal regulations; and, WHEREAS, on May 26, 2009, the parties entered into a Bear Point Mitigation Bank Reservation Agreement wherein the Developer reserved .90 Dual State/Federal Credits in the Bank ("Credit") in order to seek the necessary permits for the proposed development of the Site ("Project"); and, WHEREAS, the regulatory agencies have determined the Developer is required to purchase .80 State Credit in the Bank pursuant to the Florida Department of Environmental Protection ("DEP") permit rather than the .90 Dual State/Federal Credits originally envisioned in the Reservation Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. The County agrees to sell and the Developer agrees to purchase 0.80 State Credits. The purchase price for the Credits is seventy-eight thousand and 00/100 dollars ($78,000.00). The reservation fee paid by the Developer has been credited towards the purchase price. The parties acknowledge and agree the Developer has paid the remainder of the purchase price in full. 2. It shall be the responsibility of the Developer to provide DEP with a copy of the receipt or other acceptable proof indicating purchase of the Credits. 3. Any disputes relating to interpretation of the terms of this Agreement or a -1- question of fact or arising under this Agreement shall be resolved through good faith efforts upon the part of the Developer and the County. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 4. Prior to initiating any litigation concerning this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 5. 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. 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 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 have caused this Agreement to be executed on the day first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK —2— CHAIRMAN WITNESSES: qlt4Cc� ua1,JE� �,��--- g:\atty\agreemnt\contract\bearpt.purchase.FPL..2. wpd APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY FLORIDA POWER & LIGHT —3— ■I AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-2 DATE: January 26, 2010 REGULAR [ ] PUBLIC HEARING ( ] CONSENT [xI PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 10-036 - Requesting the Governor of Florida to activate all available State and Local Emergency and Relief Resources and Mechanisms for the Benefit of Homeowners impacted by Defective or Reactive Drywall BACKGROUND: See attached memo CA 10-0052 RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-036 as drafted. COMMISSION ACTION: CONCURRENCE: [� APPROVED [ ] DENIED [ ]OTHER- Faye W. Outlaw, MPA Approved 5.0 County Administrator 1 X Attorney: k a [] County Daniel S. McIntyre Review and Approvals INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 10-0052 DATE: January 12, 2010 SUBJECT: Resolution No. 10-036 - Requesting the Governor of Florida to activate all available State and Local Emergency and Relief Resources and Mechanisms for the Benefit of Homeowners impacted by Defective or Reactive Drywall BACKGROUND: St. Lucie County residents have suffered damages from Chinese Drywall in their homes. Heat and humidity causes the Chinese Drywall to release gases, which not only create a noxious odor, but they corrode copper and other metal surfaces, thereby damaging air conditioners, electrical wiring, copper plumbing, appliances and electronics. The corrosion of electrical wiring can hamper the effectiveness of smoke detection and create a risk of fire. The drywall is also very friable, which means it is in a state where small particles can easily become dislodged, thus enabling them to easily enter an individual's lungs. The owners of homes with Chinese drywall have alleged they are suffering health problems due to these effects. Insurance companies have denied these owners coverage and their developer has refused to replace the Chinese drywall; so they have no avenue in which to fund the necessary drywall repairs to avoid the health problems that they have been suffering. The County has been informed that there may be federal funds available to assist St. Lucie County residents with their Chinese Drywall problems, but in order for them to be released, the State of Florida must declare an emergency. RECOMMENDATION/CONCLUSION: Staff recommends that this Board adopt the attached Resolution No. 10-036 requesting the Governor of Florida to activate all available state and local emergency and relief resources and mechanisms for the benefit of homeowners impacted by defective or reactive drywall; including requesting immediate federal assistance through FEMA and/or any other agency of the United States Government Respectfully submitted, DSM/cb Attachment Daniel S. McIntyre County Attorney RESOLUTION NO. 10-036 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, REQUESTING THE GOVERNOR OF FLORIDA, THROUGH EXECUTIVE ORDER AND/OR OTHER POWERS AVAILABLE UNDER THE LAW, TO ACTIVATE ALL AVAILABLE STATE AND LOCAL EMERGENCY AND RELIEF RESOURCES AND MECHANISMS FOR THE BENEFIT OF HOMEOWNERS IMPACTED BY DEFECTIVE OR REACTIVE DRYWALL, INCLUDING BUT NOT LIMITED, REQUESTING IMMEDIATE FEDERAL ASSISTANCE THROUGH FEMA AND/OR ANY OTHER AGENCY OF THE UNITED STATES GOVERNMENT WHEREAS, St. Lucie County ("County") residents have suffered damages from Chinese Drywall installations in their homes; and WHEREAS, it has been documented that heat and humidity causes the Chinese drywall to release gases, which not only create a noxious odor, but they corrode copper and other metal surface, thereby damaging air conditioners, electrical wiring, copper plumbing, appliances and electronics; and WHEREAS, corrosion of electrical wiring can hamper the effectiveness of smoke detection and can create a risk of fire. Chinese drywall is also very friable, which means it is in a state where small particles can easily become dislodged with little friction, thus enabling them to easily enter an individual's lungs. For this reason, even after Chinese drywall is removed, the toxic drywall particulate may remain unless property removed; and WHEREAS, owners of homes with Chinese drywall have alleged that they are suffering health problems due to the effects of the Chinese drywall; and WHEREAS, County residents have stated that their insurance companies have denied coverage, their developer has refused to replace the Chinese Drywall so they have no avenue in which to fund the necessary drywall repairs to avoid the health problems that they have been suffering; and WHEREAS, the County has been monitoring whether there are any monies available from the State of Florida and the Federal Government to assist St. Lucie County residents with their Chinese Drywall problems; and WHEREAS, the County has been informed that there may be federal funds available to assist St. Lucie County residents with their Chinese Drywall problems; and WHEREAS, the State of Florida must declare an emergency in order for these funds to be released; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. That St. Lucie County requests that the Governor of the State of Florida, through Executive Order and/or other powers available under law, to activate all available State and Local emergency and relief resources and mechanisms for the benefit of homeowners impacted by defective or reactive drywall, including but not limited, requesting immediate Federal assistance through FEMA and/or any other Agency of the United States Government. SECTION 2. The County Administrator shall forward this Resolution to all appropriate persons and parties. SECTION 3. This Resolution shall become effective immediately upon adoption. PASSED AND DULY ADOPTED this ATTEST: Deputy Clerk day of January 2010. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ITEM NO. VI-13.3 DATE: January 26, 2010 REGULAR[] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Ordinance No. 10-012 - Pretreatment of Wastewater; Permission to Advertise BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board grant permission to Advertise Ordinance No. 10-012. COMMISSION ACTION: CONCURRENCE: [ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Daniel S. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 10-0054 DATE: January 12, 2010 SUBJECT: Ordinance No. 10-012 - Pretreatment of Wastewater; Permission to Advertise BACKGROUND: Attached to this memorandum is a copy of draft Ordinance No. 10-012 which, if adopted, would set forth uniform requirements for wastewater customers of the St. Lucie County Water and Sewer District and enables the District to comply with all industrial pretreatment program requirements set forth in applicable State and Federal laws. RECOMMENDATION/CONCLUSION : Staff recommends that the Board grant permission to advertise Ordinance No. 10-012. Respet#ully submitted Danier S. County A DSM/caf Attachment ORDINANCE NO. 10-012 AN ORDINANCE AMENDING CHAPTER 1-20.5 "WATER AND SEWER" OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS BY CREATING ARTICLE VI "PRETREATMENT OF WASTEWATER"; PROVIDING A PURPOSE AND POLICY; PROVIDING DEFINITIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR PROHIBITED DISCHARGE STANDARDS; PROVIDING FOR PRETREATMENT; PROVIDING FOR INDUSTRIAL WASTEWATER DISCHARGE PERMIT; PROVIDING FOR REPORTING REQUIREMENTS; PROVIDING FOR PROTECTION FROM DAMAGE; PROVIDING FOR POWERS AND AUTHORITY OF INSPECTORS; PROVIDING FOR ENFORCEMENT ACTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR NOTIFICATION REQUIREMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING, ADOPTION, AN EFFECTIVE DATE AND CODIFICATION WHEREAS, the St. Lucie County Water and Sewer District ("District") owns, operates and controls wastewater treatment and disposal systems for the collection, transmission, treatment and disposal of wastewater and wastewater residuals ("WWTFs"); and WHEREAS, the District also owns, operates and controls a wastewater collection and transmission system which delivers wastewater to South Hutchinson Island Water Reclamation Facility ("IWRF") owned, operated and controlled by the Fort Pierce Utilities Authority ("FPUA") for treatment and disposal, pursuant to the Agreement between Fort Pierce Utilities Authority and St. Lucie County, Florida, for Provisions of Bulk Water, Wastewater and Reclaimed Water Service ("Bulk Service Agreement"); and WHEREAS, the District desires to comply with its State of Florida Department of Environmental Protection ("DEP") operating permits for its WWTFs and to comply with requirements of the Bulk Service Agreement with FPUA, and regulations issued by the DEP and the United States Environmental Protection Agency ("EPA") relating to industrial discharges and wastewater pretreatment; and WHEREAS, the District deems this Ordinance necessary for the health, safety and welfare of the public and for the protection of the environment. Underlined passages are added. -1- strdek-thrabglr passages are deleted. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, acting for and on behalf of the St. Lucie County Water and Sewer District: ARTICLE VI PRETREATMENT OF WASTEWATER PART A. CHAPTER 1-20.5 "WATER AND SEWER" IS HEREBY AMENDED BY CREATING ARTICLE VI "INDUSTRIAL PRETREATMENT" AS FOLLOWS: Sec. 1-20.5-79 Purpose and Policy The purpose of this Ordinance is to set forth uniform requirements for wastewater customers of the District and enables the District to comply with all industrial pretreatment programs C'IPP") requirements set forth in applicable State and Federal laws, including the Clean Water Act and Rule 6-625. F.A.C. (Pretreatment Requirements for Existing and Other Sources of Pollution) and the IPP Ordinance of the FPUA. The objectives of this Ordinance are: A. To prevent the introduction of pollutants into the WWTFs and IWRF that will interfere with their operation; B. To prevent the introduction of pollutants into the WWTFs and IWRF that will pass through the WWTFs and IWRF without adequate treatment and into receiving waters, or otherwise be incompatible with the WWTFs and IWRF; C. To protect WWTF personnel who maybe affected by the Wastewater in the course of their employment; D. To promote reuse and recycle of biosolids from WWTFs; E. To provide for the equitable distribution of the IPP costs and impacts to and on the WWTFs and IWRF; and F. To enable the District to comply with its DEP permits and NPDES permit conditions sludge use and disposal requirements. and any other Federal or State laws to which the WWTFs are subject, to comps with the terms of the Bulk Services Agreement, and to comply with the terms of any other bulk wastewater treatment and disposal agreements entered into from time to time by the District with third party wastewater Underlined passages are added. -2- Spassages are deleted. treatment and disposal providers ("Other Bulk Service Providers") for delivery of wastewater to the Other Bulk Service Providers water treatment and disposal systems ("Bulk WWTFs" . Sec. 1-20.5-80 Definitions. The following definitions shall apply to the provisions of this Ordinance: A. Act ("the Act") The Federal Water Pollution Control Act. also known as the Clean Water Act as amended 33 U.S.C. 1251 et sea. B. Approval Authority. The DEP or its successor agencies. C. Authorized Representative of the User. Either: 1. The president vice-president, secretary, or treasurer or any other person who performs similar policy or decision -making functions for the User if the User is a corporation; or Z. A general partner manager or proprietor if the User is a partnership, limited liability company or sole proprietorship respectively; or 3. The highest administrative official appointed or designated by a User to oversee the operation and performance of the activities of the User, or his designee, i the User is a Federal State or local governmental entity; or A. A duly authorized representative of the person designated in Sections (1) (2) or (3) above if such authorization is in writing the authorization specifies the individual or position responsible for the overall operation of the facilities from which the Discharge originates and the written authorization is submitted to the Control Authority. D. Biochemical Oxygen Demand ("BOD") The quantity of oxygen utilized in the biochemical oxidation of organic matter. E. Bypass The intentional diversion of wastewater streams from any portion of an Industrial User's treatment facility. F. Categorical Industrial User. An Industrial User sub iect to Categorical Pretreatment Standards. Underlined passages are added. -3- struek thretmyh passages are deleted. G. Categorical Pretreatment Standard Any regulation containing Pollutant Discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which applies to a specific category of Industrial Users and which appear in 40 CFR Chapter I. Subchapter N Parts 405-471 as amended H. CFR. Code of Federal Regulations as amended I. Chemical Oxygen Demand ("COD") A measure of the oxygen equivalent of that portion of the organic matter in a water sample that is susceptible to oxidation by a strong chemical oxidant. J. Control Authority. The District and/or the FPUA or other Bulk Service Providers, as applicable K. Department of Environmental Protection ("DEP") The Department of Environmental Protection of the State of Florida L. Discharge. To deposit place emit unload release or cause or allow to be disposed of. deposited placed emitted unloaded or released M. Domestic Waste. Any superfluous solid liquid or gaseous material derived principally from the use of sanitary conveniences of residences (including apartments)' wastewater produced from a noncommercial or nonindustrial source N. District, The St. Lucie County Water and Sewer District 0. Environmental Protection Agency ("EPA") The United States Environmental Protection Agency. P. Existing Source Any source of Discharge the construction or operation which commenced prior to the publication by EPA of proposed Categorical Pretreatment Standards Q F.A.C. Florida Administrative Code as amended R. FPUA. The Fort Pierce Utilities Authority. S. Grab Samples A sample which is taken from a waste stream without regard to the f low in the waste stream and over a period of time not to exceed fifteen (15) minutes Underlined passages are added. -4- S#raekfhreugK passages are deleted. T. Indirect Discharge The introduction of Pollutants into the WWTFs, IWRF or other Bulk WWTFs from any non -domestic source regulated under sections 307 (b). (c), and (d) of the Act and Chapter 403 Florida Statutes. U. Industrial User ("IU") Any User discharging industrial wastewater into the WWTFs IWRF or Bulk WWTFs. V. Industrial Wastewater. Food waste other waste or any superfluous solid, liquid or gaseous material resulting from manufacturing industrial or commercial processes, or from natural resource development recovery. or processing. W. Industrial Wastewater Surcharge An additional service charge assessed against Industrial Users whose wastewater characteristics exceed established surcharge limits. X. Industrial Wastewater Discharge Permit ("Permit") Written authorization from the Control Authority to discharge industrial wastewater to the WWTFs. IWFR or Bulk WWTFs setting certain conditions and/or restrictions on such Discharge. Y. Instantaneous Maximum Allowable Discharge Limit The maximum concentration of a Pollutant allowed to be discharged at any time determined from analysis of any discrete or commposited sample collected independent of the industrial flow rate and the duration of the sampling event. Z. Interceptors (separators grease traps) Any device designed and installed to separate and retain floatable deleterious hazardous and/or undesirable matter from sewage or liquid wastes and to discharge into a WWF by gravity. AA. Interference A Discharge which alone or in con junction with a Discharge or Discharges from other sources, both: 1. Inhibits or disrupts the WWTFs IWFR or Bulk WWTFs, their treatment processes or operations or its domestic wastewater residuals processes, use or disposal; and 2. Is a cause of a violation of any requirement of the NPDES permit held by the Control Authority (including an increase in the magnitude or duration of a violation) or prevents use or disposal of domestic wastewater residuals in compliance with local regulations or rules of DEP. Chapter 403 Florida Statutes and all applicable Federal laws. Underlined passages are added. -5- Struck hrow1h passages are deleted. B6. Medical Waste. Wastes including, but not limited to isolation wastes infectious agents, human blood and blood byproducts, pathological wastes sharps body parts fomites etiologic agents contaminated bedding surgical wastes, potentially contaminated laboratory wastes and dialysis wastes. CC. New Source. 1. Any building, structure, facility, or installation from which there is or may be a Discharge of Pollutants. the construction of which is commenced after the publication of proposed Pretreatment Standards prescribed under Section 307(c) (33 U S C 1317) of the Act which will be applicable to such source if the standards are thereafter promulgated in accordance with that Section, provided that: a. The building, structure. facility or installation is constructed at a site at which no other source is located; or b. The building, structure, facility or installation totally replaces the process or production equipment that causes the Discharge of Pollutants at an existing source; or C. The production or wastewater generating_ processes of the building, structure. facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source, will be considered. 2. Construction on a site at which an existing source is located results in a modification rather than a New Source if the construction does not create a new building_ structure, facility or installation meeting the criteria of paragraph (1) (b) or (c) above but otherwise alters, replaces or adds to existing process or production equipment 3. Construction of a New Source as defined under this paragraph has commenced if the owner or operator has: 9- -construction program, equipment, or Begun, or caused to begin as part of a continuous onsite Q any placement. assembly, or installation of facilities or Underlined passages are added. -6- Struelt threngl-r passages are deleted. (iD significant site preparation work including clearing, excavation or removal of existing_ buildings structures or facilities which is necessary for the placement assembly, or installation of New Source facilities or equipment; or b. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss and contracts for feasibilityengineering and design studies do not constitute a contractual obligation under this paragraph. 0D. Non -Contact Cooling Water. Water usage for cooling which does not come into direct contact with any raw material intermediate product waste product or finished product to which the only Pollutant added is heat. EE. NPDES Permit A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342). FF. Pass Through A Discharge which exits the WWTFs IWFR or Bulk WWTFs into the waters of the State or of the United States in quantities or concentrations which, alone or in con junction with a Discharge or Discharges from other sources, is a cause of a violation of any regulatory requirement of the WWF's NPDES permit (including an increase in the magnitude or duration of a violation). GG. Person Individual corporation firm company, Joint venture, partnership, sole proprietorship association or any other legal business entity, any state or political subordinate thereof any municipality, any interstate body and any department. agency, or instrumentality of the United States and any officer agent, or employee thereof. and any organized group of persons whether incorporated or not. HH. pH The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions in grams per liter (g/L) of solution. II. Pollutant Any dredged spoil medical waste solid waste, incinerator residue, garbage sludge munitions chemical wastes biological materials, radioactive materials, heat, wrecked or discarded equipment rock sand cellar dirt, and industrial, municipal, and agricultural waste discharged into water. JJ. Pretreatment The reduction of the amount of Pollutants, the elimination of Pollutants or the alteration of the nature of Pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such Pollutants into the WWTFs, IWRF or Bulk Underlined passages are added. -7- S#ruek through passages are deleted. WWTFs. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by Rule 62-625.410(5), F.A.C. Appropriate Pretreatment technology includes control equipment, such as equalization tanks or facilities for protection against surges or Slug Discharges that might interfere with or otherwise be incompatible with the wastewater facilities. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted Pretreatment limit calculated in accordance with Rule 62-625.410(6), F.A.C. KK. Pretreatment Requirement. Any substantive or procedural requirement related to Pretreatment, other than a Pretreatment Standard, imposed on an Industrial User. LL. Pretreatment Standard. For any specified Pollutant, the prohibitive Discharge Standards as set f orth in this article. the State of Florida's Pretreatment Standards, or the National Categorical Pretreatment Standards, whichever standard is the most stringent. MM. Prohibited Discharges. Absolute prohibitions against the discharge of certain substances. NN. RCRA. Resource Conservation and Recovery Act. 00. Sewage. Human excrement and gray water household showers, dishwashing operations, etc.). PP. Sewer. Means a pipe or conduit designed for carrying or transmitting wastewater, including, but not limited to, gravity sewers, force mains and low pressure mains. 00.. Significant Industrial User. Except as provided in (3) below, means the following: u An Industrial User subject to Categorical Pretreatment Standards under Rule 62-625,410. F.A.C. and 40 CFR Chapter I. Subchapter N which has been adopted by reference in Chapter 62-660, F.A.C.; or LQ An Industrial User that: La) Discharges an average of twenty-five thousand (25,000) gallons per day (gpd) or more of process Wastewater to the WWTFs, IWRF, Bulk WWTFs, (excluding domestic wastewater, Non -Contact Cooling, and boiler blowdown Wastewater); or Underlined passages are added. -8- S#weiek threagh passages are deleted. u Contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the WWTFs, IWRF or Bulk WWTFs; or Lc) Is designated as such by the Control Authority on the basis that the Industrial User has a reasonable potential for adversely affecting the WWTFs, IWRF or Bulk WWTFs' operation or for violating any Pretreatment Standard or Requirement in accordance with Rule 62-625.500(2)(e), F.A.C. M Upon a finding that an Industrial User meeting the criteria in Subsection (2) above has no reasonable potential for adversely affecting the WWTFs'. IWRF's or Bulk WWTFs' operation or for violating any Pretreatment Standard or Requirement, the Control Authority may at any time on its own initiative or in response to a petition received from an Industrial User, and in accordance with Rule 62-625.500(2)(e), F.A.C., determine that such Industrial User should not be considered a Significant Industrial User. RR. Significant Noncompliance ("SNC"). Any one or more of the following: 1. Violations of wastewater Discharge limits: a. Chronic violations. Sixty-six (66) percent or more of the measurements exceed the same daily maximum limit or the same average limit in a six (6) month period (any magnitude of excess), b. Technical review criteria (TRC) violations. Thirty-three (33) percent or more of the measurements exceed the same daily maximum limit or the same average limit by more than the TRC in a six-month period. There are two groups of TRCS: Group I for conventional Pollutants (BOD, TSS, fats, oil, and grease) TRC = 1.4 Group II for all other Pollutants TRC = 1.2 C. Any other violation(s) of an effluent limit (average or daily maximum) than the Control Authority believes has caused, alone or in combination with other Discharges Interference (e.g.. Slug loads) or pass -through; or endangered the health of the sewage treatment personnel or the public. Underlined passages are added. -9- Struelt #hrepassages are deleted. d. Any discharge of a Pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the Control Authority exercising its emergency authority to holt or prevent such a Discharge. 2. Violations of compliance schedule milestones contained in a permit or enforcement order, for starting construction completing construction and attaining final compliance by ninety (90) days or more after the schedule date. 3. Failure to provide reports for compliance schedules, self -monitoring data or Categorical Standards (baseline monitoring reports ninety -day compliance reports, and periodic reports) within thirty (30) dUs from the due date. 4. Failure to accurately report non-compliance within thirty (30) dgys of its occurrence. 5. Any other violation or group of violations that the Control Authority considers to be significant. SS. Sludge Any solid or semisolid waste generated from a municipal, commercial, or industrial wastewater treatment plant water supply treatment plant or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant. TT. Slug Any Discharge of water, wastewater or industrial waste at a flow rate or concentration which could cause a violation of the Prohibited Discharge Standards in Section 1-20.5-82 of the Code. UU. Standard Industrial Classif ication ("SIC) Code. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget. VV. Storm Water. Any flow occurring during or following any form of natural precipitation and resulting from such precipitation. WW. Suspended Solids The total suspended matter that floats on the surface of. or is suspended in water, wastewater or other liquid and which is removable by laboratory i lterin . XX. Upset An exception incident in which there is unintentional and temporary noncompliance with Pretreatment Standards because of factors beyond the reasonable control of the Industrial User. Underlined passages are added. -10- Struek+hrough passages are deleted. YY. User. A wastewater utility customer of the District. ZZ. Wastewater. Liquid and water -carried industrial wastes and sewage from residential dwellings commercial buildings industrial medical and manufacturing facilities, and institutions whether treated or untreated, which are discharged into a WWF. AAA, Wastewater Facility ("WWF"). Collectively, the District's structures, sewers, equipment, and processes required to collect carry away and transmit wastewater and the WWTFs. IWRF and Bulk WWTFs, as applicable. Sec. 1-20.5-81 Applicability. This Ordinance shall apply within the boundaries of the District, and the use of or discharge into the WWTFs IWRF or Bulk WWTFs by any User. The delivery of wastewater to District's wastewater collection and transmission system is conclusive proof of acceptance of and submittal to the jurisdiction of the Code. Sec. 1-20.5-82 Prohibited Discharge Standards. Users shall not discharge Pollutants into the WWF unless in accordance with the Code. A. Discharge Prohibitions No User shall Discharge into the WWF any Pollutant, Wastewater or Septic Tank Waste which may cause Pass Through or Interference with the operation or performance of the WWF. No User shall discharge into the WWF any of the following; 1. Toxic or poisonous substances, chemical elements or compounds, taste or odor -producing substances or any other substances which are not amenable to treatment or reduction by the wastewater treatment processes employed by the WWTF. Toxic Pollutants shall include but not be limited to, any Pollutant identified pursuant to 40 CFR Part 116(4). 2. Noxious or malodorous solids. liquids, or gases or other wastewater which either singes or by interaction with other waste or wastewater (a) are capable of creating_ public nuisance or hazard to human or animal life (b) are or may be sufficient to prevent entry into a Sewer for its maintenance, inspection, or repair or c) may create any hazard in the receiving waters of the WWF. Underlined passages are added. -11- S+rwek; :rangh passages are deleted. 3. Liquids solids or gases which by reason of their nature or quantity are or may be sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the WWF or to its operation. Prohibited materials include but are not limited to, petroleum oil and non -biodegradable cutting oil, Pollutants with a closed cup f lashpoint of less than one hundred forty (140) degrees Fahrenheit [sixty (60) degrees Centigrade], as determined by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D-93-79 or 0-93-80k or a Setof lash Closed Cup Tester, using the test method specified in ASTM Standard D-3278 and Pollutants which cause an excess of ten (10) percent of the lower explosive limit (LEL) at any point in the WWF Specific products include but are not limited to: gasoline, kerosene, fuel oil motor oil naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides chlorates, perchlorates, bromates, carbides, hydrides, and sulfides or any other substance which the Control Authority, the State of Florida or its subdivisions and agencies, or any federal agency has determined is a fire hazard or a hazard to the WWF. 4. Radioactive wastes or isotopes of such half -life or concentration as may exceed limits established by regulations within the F.A.C. issued by the Florida Department of Health and Rehabilitative Services and which will or may cause damage or hazards to the WWF or its operating personnel. 5. Storm water, surface water, groundwater, artesian well water, roof runoff subsurface drainage, swimming pool Discharges, uncontaminated cooling water, unpolluted Industrial process waters, air-conditioning condensate, unless specifically authorized by the Control Authority in writing. 6. Domestic Wastes from septic tanks, portable toilets. on -site wastewater systems or other similar facilities, unless approved by the Control Authority in writing. Such Discharges shall only be made at a site approved by the Control Authority. 7. Mineral oil in excess of fifty (50) mg/L or animal/vegetable fats, wax, grease or oils in excess of one hundred (100)mg/L, whether emulsified or not; or substances which may solidify or become viscous at temperatures lower than or equal to one hundred fifty (150) degrees (150 degrees Fahrenheit). 8. All trucked or hauled Pollutants are prohibited except at Discharge points designated by the Control Authority. 9. Inert suspended solids (such as, but not limited to. Fullers earth, lime slurries and lime residues) or dissolved solids (such as, but not limited to, sodium chloride and Underlined passages are added. -12- Struelt passages are deleted. sodium sulfate) in such concentrations as to Pass Through or cause Interference with the operations of the WWF. 10. Waste or Wastewater having a pH lower than 5.5 exhibiting any corrosive property which either singly or by interaction with other wastes is capable of causing damage or hazard to structures, processes, equipment, or personnel of the WWF. 11. Waste or Wastewater having a pH higher than 9.5 which either singly or by interaction with other wastes is capable of causing damage or hazard to structures, processes, equipment or personnel of the WWF. 12. BOD, COD, or chlorine in such concentration and/or flow as to constitute a significant load on or shock to the WWF or cause Interference. 13. Volume of flow or concentrations of wastes constituting "Slugs" as defined herein. 14. Liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit(1500 F) or that causes influent temperature to the WWF to exceed one hundred four degrees Fahrenheit (104' F.. except where higher temperatures are required by law. 15. Solid or viscous substances in such quantities or of such size as to be capable of causing obstruction to the flow in a Sewer, or other Interference with the proper operation of any connected system, such as but not limited to: ordinances greater than one- half inch in any dimension, grease, uncomminuted food wastes, animal entrails or tissues, paunch manure, bones, hair, hides or fleshings, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains or hops, waste paper, wood plastics, rubber stoppers, tar asphalt residues from refining or processing of fuel or lubricating oil, gasoline, naphtha, and similar substances either whole or ground. 16. Excessive discoloration which can not be removed by the treatment process, such as but not limited to dye, printing wastes, and vegetable tanning solutions which imparts color to the WWF effluent thereby violating the NPDES permit held by a Control Authority. The discoloration (in combination with turbidity) shall not cause the WWF effluent to reduce the depth of the compensation point for photosynthetic activity by more than ten (10) percent from the seasonally established norm for aquatic life. Underlined passages are added. -13- S+rtjei( +hro passages are deleted. 17. Medical Wastes except as specifically authorized by the Control Authority in writing. 18. Detergents surface-active agents or other substances which may cause excessive foaming in the WWF. 19. Any sludges screenings or other residuals from the Pretreatment of industrial wastes. 20. Toxic gases vapors or fumes in a quantity that may cause acute worker health and safety_ problems. B. Compliance With National and Local Standards. It shall be unlawful for any person to Discharge any Pollutant into the WWF except when the such Discharge is in compliance with federal standards promulgated pursuant to the Act and any other more stringent state and local standards Wastes containing concentrations in excess of the National Categorical Pretreatment Standards are prohibited. C. Local Pretreatment Standards Any wastes containing concentrations in excess of the following Local Pretreatment Standards are prohibited: PARAMETER Aluminum Ammonia Antimony Arsenic Barium Beryllium Biochemical Oxygen Demand (BOD5) Bismuth Cadmium Carbonaceous Biochemical Oxygen Demand (CBOD)s Chloride Chemical Oxygen Demand (COD) Chromium - Total Cobalt Copper MAXIMUM ALLOWABLE CONCENTRATION DURING A 24-HOUR PERIOD (mg/L) 16.0 50.0 0.2 0.45 3.0 8.8 400.0 0.05 0.32 400.0 600.0 800.0 30.00 1.0 11.00 Underlined passages are added.-14- Struck -through passages are deleted. MAXIMUM ALLOWABLE CONCENTRATION DURING PARAMETER A 24-HOUR PERIOD (mQ/L) Cyanide 1.80 Cyanide Amendable to Chlorination 0_5 Hydrogen Sulfide 5_0 Iron 10.0 Lead 1.90 Manganese 1_0 Mercury 0.07 Molybdenum 0.80 Nickel 2.99 Oil, and Grease 100.0 Petroleum Hydrocarbons 15.0 pH (Standard Units) 5.5 - 9.5 Phenol 5_0 MAXIMUM ALLOWABLE CONCENTRATION DURING PARAMETER A 24-HOUR PERIOD (mQ/L) Phenolic Compound 0_5 Selenium 1.25 Silver 4.10 Strontium 0.2 Temperature (F) 150.0 Tin 0.6 Total Suspended Solids 400.0 Zinc 2.70 The above limits apply at the point where the Wastewater is discharged to the WWF. The Control Authority may impose mass limitations, instantaneous maximum limitations, maximum monthly average values, or maximum four (4) day average values, in addition to, or in place of, the limitations listed above. D. RiQht of Revision. The District authorizes FPUA and each Other Bulk Service Provider to establish, by Ordinance or in Permits, more stringent limitations or requirements on Discharges to the WWF if deemed necessary, and such more stringent limitation or requirements shall be automatically incorporated into and made a Dart of the Code. Underlined passages are added. -15- 6#ruek-thradg4i passages are deleted. E. Dilution No User shall ever increase the use of process water, or in any way attempt to dilute a Discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations unless expressly authorized by an applicable Federal Categorical Pretreatment Standard or in any other Pollutant -specific limitation developed by the State The Control Authority may impose mass limitations on Users which are using dilution to meet applicable Pretreatment Standards or Requirements, or in other cases when the imposition of mass limitations is appropriate. F. Septic Tank Waste Hauling_ 1. Septic Tank Waste may be introduced into the WWF only at an approved septic receiving station located at a WWF as provided below. 2. Any Septage Hauler shall have a Discharge permit issued under conditions specified in Section 1-20.5-84 of the Code. 3. No hauled load may be discharged without prior written consent from the Control Authority. Samples may be collected from each load to ensure compliance with applicable standards The Septage Hauler may be required to provide waste analysis of any load prior to discharge. 4. Septage Haulers must provide a waste tracking form for every load. The form shall include at a minimum the name and address of the waste hauler, permit number, truck identification names and addresses of sources of waste, volume and characteristics of waste This form shall identify the type of industry known or suspected waste constituents and whether any wastes are RCRA hazardous wastes. G. Control of discharge. If any Wastes or Wastewaters are discharged, or are proposed to be discharged to the WWF which contain the substances or possess the characteristics enumerated in Section 1-205-82 as prohibited by the Code, does not meet applicable Pretreatment Standards and Requirements, and/or which may have a deleterious effect upon the WWF its processes, equipment, or receiving waters. or which otherwise create a hazard to life or constitute a public nuisance, the Control Authority may: 1. Reject the wastes or deny or condition the introduction of New Sources of Wastewater to the WWF; or 2. Require the User to demonstrate that in -plant improvements will modify the Discharge to such a degree as to be acceptable; and/or Underlined passages are added. -16- Struelt throtigh passages are deleted. 3. Require Pretreatment of the User's Discharge to ensure compliance with this Ordinance; and/or 4. Require payment of an industrial waste surcharge to cover the added cost of handling and treating excess loads imposed on the WWF by such Discharge Approval of industrial waste surcharges for the recovery of treatment costs does not replace or supersede the requirements for Pretreatment facilities should they be found necessary by the Control Authority. Sec. 1-20.5-83 Pretreatment. A. Pretreatment Facilities. Users shall provide Wastewater treatment as necessary to comply with this Ordinance and shall achieve compliance with all Categorical Pretreatment Standards, local limits, and the prohibitions set out in this Ordinance within the time limitations specified by EPA, or the State of Florida whichever is more stringent Any Pretreatment facility shall be provided, operated, and maintained at the User's sole cost and expense. Detailed plans prepared by a registered engineer in the State of Florida describing such facilities and operating procedures must be approved in writing by the Control Authority before such facilities are constructed The review and approval of such plans and operating procedures shall not relieve the User from the responsibility of modifying such facilities as necessary to produce a Discharge in compliance with the Code. B. Additional Pretreatment Measures. 1. Whenever deemed necessary, the Control Authority may require Users to restrict their Discharge during peak flow periods, designate that certain wastewater be discharged only into specific Sewers, relocate and/or consolidate points of discharge separate Sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the WWF and determine the User's compliance with the requirements of the Code. 2. The Control Authority may require any person discharging into the WWF to install and maintain, on their property and at their sole cost and expense a suitable storage and flow -control facility to ensure equalization of flow. A Permit may be issued solely for flow equalization. 3. Grease, oil, and sand interceptors shall be provided when in the opinion of the Control Authority, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand except that such interceptors shall not be required for residential Users. All interception units shall be of type and capacity Underlined passages are added. -17- Struek hrough passages are deleted. approved in writing by the Control Authority and shall be installed at a location on the premises to be easily accessible for cleaning and inspection Such interceptors shall be inspected cleaned and repaired regularly, as needed by the User at their expense. Users shall provide all reports of interceptor maintenance as required by the Control Authority. 4. Users with the potential to discharge flammable substances shall be required to install and maintain an approved combustible gas detection meter. C. Accidental Discharge/Slug Control Plans At least once every two (2) years, the Control Authority shall evaluate whether to require each User to adopt an accidental Discharge/Slug control plan Alternatively. the Control Authority may develop such a plan for any User. An accidental Discharge/Slug control plan shall address at a minimum, the following: Discharges; 1. Description of Discharge practices including non -routine batch 2. Description of all stored chemicals; 3. Procedures for immediately notifying the Control Authority of any accidental or Slug Discharge in accordance with Section 1-20.5-85 of the Code; and 4. Procedures to prevent adverse impact from any accidental or Slug Discharge Such procedures include but are not limited to inspection and maintenance of storage areas handling and transfer of materials loading and unloading operations, control of plant site runoff, worker training building of containment structures or equipment. measures for containing toxic organic Pollutants including solvents and/or measures and equipment for emergency response. Sec.1-20.5-84 Industrial Wastewater Discharge Permit. A Application for Discharge Permit. 1. The Septag_e Haulers license issued by the District pursuant to its "Septage Receiving Policies and Procedures," as amended from time to time, shall be deemed to constitute the Septape Haulers Discharge Permit The Control Authority may require all other Users to obtain Permits as necessary to carry out the purposes of this Ordinance. Any violation of the terms and conditions of a Permit shall be deemed a violation of the Code and shall subject the permittee to sanctions set out in Sections 1-20.5-88 and 1-20.5-89 of the Code Obtaining a Permit does not relieve a permittee of its obligation to comply with all Underlined passages are added. -18- StruekThrough passages are deleted. Federal and State Pretreatment Standards or Requirements or with any other requirements of Federal State, and local law. Z. All prospective Industrial Users must submit to the Control Authority the application fee and information on the nature and characteristics of their wastewater by completing a Permit application / wastewater survey at least one hundred and eighty (180 days prior to the date upon which any Discharge will begin The Control Authority is authorized to prepare a form for this purpose and may periodically require Users to update the survey. Information to be provided with the survey may include description of the industrial activity specifications of the constituents inherent to the processes and wastes, identification of the wastewater characteristics plumbing diagrams location of sampling points number of employees and hours of operation and any other information deemed necessary by the Control Authority to evaluate the permit application. Failure to complete this survey shall be reasonable grounds for terminating service to the User and shall be considered a violation of the Code. 3. Within ninety (90) des of receipt of a complete Permit application, the Control Authority will determine whether or not to issue a Permit The Control Authority may deny any application for a Permit. B. Application Signatories and Certification All Permit applications and User reporting must be signed by an authorized representative of the User and contain the following certification statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information the information submitted is. to the best of my knowledge and belief true accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations." All Categorical Industrial Users must comply with the signatory requirements of Rule 62-625.600(11) F.A.C. Underlined passages are added. -19- Struck +hrowtlh passages are deleted. C. Permit Issuance Process. 1. Permits shall be expressly sub ject to all provisions of this Ordinance and all other applicable regulations. The cost of said permit shall be incurred by the User in accordance with the fee schedule as set forth in Section 1-20.5-89 of the Code 2. Permit duration shall not exceed five (5) years from the date of issuance and upon expiration of same, a renewal permit may be issued which shall be effective for an additional five (5) years provided that the conditions of the existing permit have not changed and the appropriate renewal fees have been paid The permit shall be displayed by the User in a location at the permitted facility so as to be seen and read by the general public 3. Permits shall contain at a minimum, the following conditions: aa. A statement that indicates Permit duration; b. A statement of non -transferability; C. Pretreatment Standards and effluent limits applicable to the User based on applicable standards in Federal. State and local law; d. Self monitoring, sampling, reporting. notification, and record keeping requirements; e_ Statement of applicable civil, criminal, and administrative penalties for violation of Pretreatment Standards and Requirements 4. Permits may contain the following additional conditions: a. The unit charge or schedule of User charges and fees for management of the wastewater to be discharged to the WWF; b. Limits on the instantaneous, daily. monthly average and/or four (4) day maximum concentration, mass. or other measure of identified wastewater constituents and characteristics; C. Limits on the average and/or maximum rate and time of discharge and/or requirements for flow regulations and equalization; Underlined passages are added. -20- &+ruck +Kreugh passages are deleted. d. Requirements for installation and maintenance of inspection facilities and flow metering and sampling equipment; e. Requirements for the installation of Pretreatment technology. pollution control or construction of appropriate containment devices. designed to reduce, eliminate or prevent the introduction of Pollutants into the WWF; f_ Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or routine Discharges; I Development and implementation of waste minimization plans to reduce the amount of Pollutants discharged to the WWF; h. A statement that compliance with the Permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State Pretreatment Standards including those which become effective during the term of the Permit; i. Other conditions as deemed appropriate by the Control Authority to ensure compliance with the Code and Federal and State laws, rules. and regulations. D. Compliance Schedules If additional Pretreatment and/or operation and maintenance will be required to meet the Pretreatment Standards, the User shall submit to the Control Authority for approval and incorporation in the permit the shortest schedule by which the User is to provide additional Pretreatment The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standards The compliance schedule shall meet the requirements set out in Section 1-20.57 85 of the Code. E. Permit Transfer Permits are issued to a specific User for a specific operation. A Permit may not be reassigned transferred or sold to a new owner or new User unless the permittee gives at least ninety (90) das advance written notice to the Control Authority and the Control Authority approves the Permit transfer. The notice to the Control Authority shall include a written certification by the new owner and/or User that: 1. States that the new owner and/or User has no immediate intent to change the facility's operations and processes; 2. Identifies the specific date on which the transfer is to occur; Underlined passages are added. -21- St -tick t passages are deleted. 3. Acknowledges full responsibility for complying with the terms and conditions of the existing permit. Failure to provide advance notice of a transfer renders the Permit voidable on the date of facility transfer. F. Permit Modification. Permits may be modified by the Control Authority for good cause including, but not limited to the following_ 1. To incorporate any new or revised Federal, State, or local Pretreatment Standards or Requirements; 2. To address significant alterations or additions to the User's operation, processes, or wastewater volume or character since the time of Permit issuance; 3. A change in the WWF that requires either a temporary or permanent reduction or elimination of the authorized Discharge; 4. Information indicating that the permitted Discharge poses a threat to the WWF, the Control Authority's personnel, or the receiving waters; 5. Violations of any terms or conditions of the Permit; 6. Misrepresentations or failure to fully disclose all relevant facts in the Permit application or in any required reporting 7. Revision of or a grant of variance from Categorical Pretreatment Standards pursuant to 40 CFR 403.13 and Rule 62-625.700, F.A.C.; 8. To correct typographical or other errors in the Permit; 9. To reflect a transfer of the facility ownership and/or operation to a new owner/operator; or 10. Upon request of the permittee, provided such request does not create a violation of any applicable requirements, standards, laws, or rules and regulations. User requests for permit modifications shall be made in writing and include facts or reasons which support the request. When modifying a permit. the Control Authority shall allow a reasonable time frame for the User to comply with the new or changed conditions if Underlined passages are added. -22- S+rwelt throtqh passages are deleted. the User cannot meet them at the time of the modification and if permitted by law. If the new or changed conditions are the result of new or changed Pretreatment regulations, those regulations will stipulate the compliance period The filing of a request by the permittee for a Permit modification does not stay any Permit condition. G. Permit Revocation Permits may be revoked for the following reasons: 1. Failure to notify the Control Authority of significant changes to the wastewater prior to the changed Discharge. Z. Failure to provide prior notification to the Control Authority of chanced condition pursuant to Section 1-20.5-85 of the Code. 3. Misrepresentation or failure to fully disclose all relevant facts in the Permit application. A. Falsifying self monitoring reports. 5. Tampering with monitoring equipment. 6. Refusing to allow the Control Authority timely access to the facility premises and records. 7. Failure to meet effluent limitations. 8. Failure to pakpenalties- Failure to pay Sewer charges. 10. Failure to meet compliance schedules. il. Failure to provide advance notice of the transfer of a permitted foci lity. 12. Violation of any Pretreatment Standard or Requirement, or any terms of the Permit or the Code. 13. Indication that the Discharge presents a threat to the environment or threatens to interfere with the operation of the WWF. Underlined passages are added. -23- rstrnek tHroeglh passages are deleted. Permits shall be voidable upon nonuse, cessation of operations or transfer of business ownership (except as addressed herein). All Permits are void upon the issuance of a new Permit. H. Appeal of Permit Revocation. 1. Authorization to discharge industrial waste into the WWF shall continue in effect unless or until rescinded by the Control Authority in writing In the event that the Control Authority revokes the authorization of any User to discharge wastes into the WWF notification of such revocation shall be delivered to the User by certified mail or by hand delivery. 2. Any system User whose authorization to discharge has been revoked max appeal the decision of the Control Authority. The appeal shall be sent in writing by certified mail. return receipt requested, to the Control Authority's code enforcement department within fifteen (15) days of receipt of the Control Authority's notification to cease discharge 3. The code enforcement department may affirm. reverse or modify the order of the Control Authority and shall issue its decision in writing The Control Authority's order to cease discharge of wastes into the WWF shall not become effective until the period for appeal has expired, or in the event that an appeal has been filed until the code enforcement department has rendered a decision. unless the Control Authority has made a finding that continued discharge by the User into the WWF constitutes a clear and present danger to the operations of the WWF or to the health of the public or to the environment Any such finding shall be included in the Control Authority's notification to cease discharge and in such event, the revocation of authorization to discharge wastes shall become effective immediately. J. Permit Renewal. All permittees must apply for a permit renewal a minimum of ninety (90) days prior to the expiration of the existing permit The reapplication for a permit shall consist of a written request for reissuance of the permit. The request shall state if all terms and conditions of the existing permit and Code are complied with and must be signed by an authorized representative of the User. K. Special Agreements The District reserves the right to enter into special agreements with the FPUA and Other Bulk Service Providers setting out special terms under which they may discharge to the WWF In no case will a special agreement waive compliance with a Categorical Pretreatment Standard or Requirement. Underlined passages are added.-24-Struck roag44 passages are deleted. L. Regulation of Discharge from Other Jurisdictions In the event another jurisdiction or municipality contributes all or a portion of its wastewater to an Entity to discharge to the WWF the Control Authority to whom the other jurisdiction or municipality contributes wastewater shall require the jurisdiction or municipality to enter into an multi - jurisdictional agreement with the Control Authority. Prior to entering into a multi - jurisdictional agreement the Control Authority may request the contributing jurisdiction provide the following information: 1. A description of the quality and volume of the wastewater(s) at the point where it enters the WWF from the contributing jurisdiction. 2, An inventory of all Industrial Users within the contributing jurisdiction. 3. Such information as may be required by the other jurisdiction. A multi- jurisdictional agreement as required above shall contain the following conditions: 1. A requirement for the contributing jurisdiction to adopt an Ordinance which is at least as stringent as the Code and local limits which are at least as stringent as those set out in Section 4 for those Users that discharge to the WWF The requirement shall specify that the Ordinance and limits must be revised as necessary to reflect changes made to this Code. Z. A requirement for the contributing jurisdiction to submit a revised Industrial User inventory on at least an annual basis. 3. A requirement for the contributing jurisdiction to: a. Conduct Pretreatment implementation activities including Industrial User permit issuance inspection and sampling and enforcement; or b. Authorize the Control Authority to take or conduct the activities on its behalf. A. A requirement for the contributing jurisdiction to provide the Control Authority with access to all information that the contributing jurisdiction User or municipal User obtains as part of its Pretreatment activities associated with the WWF. Underlined passages are added. -25- S#ruek threagh passages are deleted. 5. Limits on the nature, quality, and volume of the contributing jurisdiction wastewater at the point where it discharges to the WWF 6. Requirements for monitoring the Discharge 7. A provision ensuring the Control Authority access to the facilities of Users located within the contributing jurisdiction's jurisdictional boundaries for the purpose of inspection. sampling, and any other duties deemed necessary by the Control Authority. 8. A provision specifying remedies available for breach of the terms of the multi -jurisdictional agreement Sec. 1-20.5-85 Reporting Requirements A. Baseline Monitoring Reports Within either one hundred eighty (180) days after the effective date of a Categorical Pretreatment Standard or the final administrative decision on a category determination under Rule 62-625 410(2)(d) F A C whichever is later, existing Categorical Industrial Users currently discharging to or scheduled to discharge to the WWF shall submit to the Control Authority a report which contains the information listed numerically below. At least ninety 90) days prior to commencement of their Discharge New Sources, and sources that become Categorical Industrial Users subsequent to the promulgation of an applicable Categorical Standard shall submit to the Control Authority a report which contains the information listed numerically below. A New Source shall report the method of Pretreatment it intends to use to meet applicable Categorical Standards A New Source also shall give estimates of its anticipated flow and quantity of Pollutants to be discharged. 1. Identifyin Information. The name and address of the facility, including the name of the operator and owner. 2. Environmenta/Permits A list of any environmental control permits held by or for the facility. 3. Description of Operations. A brief description of the nature average rate of production, and standard industrial classifications of the operation(s) carried out by such User. This description should include a schematic process diagram which indicates points of discharge to the WWF from the regulated processes 4. F/owMeasurement. Information showing the measured average daily and maximum daily flow, in gallons per day to the WWF from regulated process streams and Underlined passages are added. -26- Struck ihro* passages are deleted. other streams as necessary to allow use of the combined waste stream formula set out in Rule 62-625.410(6)F.A.C. 5. Measurement of Pollutants. a. The Categorical Pretreatment Standards applicable to each regulated process. b. The results of sampling and analysis identifying the nature and concentration and/or mass where reguired b)� the standard or by the Control Authority, of regulated Pollutants in the Discharge from each regulated process Instantaneous. daily maximum and long-term average concentrations or mass where reguired shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 1-20.5-85 of the Code. c. Sampling must be performed in accordance with procedures set out in Section 1-20 5-85(K) of the Code. 6. Certification A statement reviewed by the User's authorized representative and certified by a qualified professional indicating whether Pretreatment Standards are being met on a consistent basis and if not whether additional operation and maintenance (O&M) and/or additional Pretreatment is required to meet the Pretreatment Standards and Requirements. Z. Compliance Schedule If additional Pretreatment and/or O&M will be required to meet the Pretreatment Standards the shortest schedule by which the User will provide such additional Pretreatment and/or O&M The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard. A compliance schedule pursuant to this section must meet the requirements set out in Section 1-20 5-85(B) of the Code. B. Signature and Certification All baseline monitoring reports must be signed and certified in accordance with Section 1-20.5-85 of the Code. B. Compliance Schedule Progress Reports The following conditions shall apply to the compliance schedule required by Sections 1-20 5-84 and 1-20.5-85 of the Code. 1. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional Pretreatment required for the User to meet the applicable Pretreatment Underlined passages are added. -27- S#ruekthrough passages are deleted. Standards (such events include but are not limited to hiring an engineer, completing preliminary and final plans executing contracts for major components commencing and completing construction and beginning and conducting routine operations L. No increment referred to above shall exceed nine (9) months; 3. The User shall submit a progress report to the Control Authority no later than fourteen (14) days following each date in the schedule and the final date of compliance including. as a minimum whether or not it complied with the increment of progress, the reason for any delay, and if appropriate the steps being taken by the User to return to the established schedule: and 4. In no event shall more than nine (9) months elapse between such progress reports to the Control Authority. C. Reports on Compliance with Categorical Pretreatment Standard Deadline Within ninety (90) days following the date for final compliance with applicable Categorical Pretreatment Standards or in the case of the New Source following commencement of the introduction of wastewater into the WWF any User subject to such Pretreatment Standards and Requirements shall submit to the Control Authority a report containing the information described in Section 1-20 5-85 of this Code For Users subject to equivalent mass or concentration limits established in accordance with the procedures in Rule 62-625.410(4). F.A C this report shall contain a reasonable measure of the User's long- term production rate. For all other Users subject to Categorical Pretreatment Standards expressed in terms of allowable Pollutant discharge per unit of production (or other measure of operation), this report shall include the User's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 1-20.5-85 of this Code D. Periodic Compliance Reports 1. All Significant Industrial Users shall at a f requency determined by the Control Authority but in no case less than twice per year (in June and December) submit a report indicating the nature and concentration of Pollutants in the Discharge which are limited by Pretreatment Standards and the measured or estimated average and maximum daily flows for the reporting period All periodic compliance reports must be signed and certified in accordance with Section 1-20 5-84 of this Code 2. All wastewater samples must be representative of the User's Discharge Wastewater monitoring and flow measurement facilities shall be properly operated kept Underlined passages are added. -28- Struck throucjK passages are deleted. clean and maintained in good working order at all times The failure of a User to keep its monitoring facility in good working order shall not be grounds for the User to claim that sample results are unrepresentative of its Discharge. 3. If a User subject to the reporting requirement in this section monitors any Pollutant more freguently than required by the Control Authority, using the procedures prescribed in Section 1 20 5 85 of this Code the results of this monitoring shall be included in the report. E. Reports of Changed Conditions Each User must notify the Control Authority of any planned significant changes to the User's operations or system which might alter the nature.quality, or volume of its wastewater at least thirty (30) days before the chance. 1. The Control Authority may require the User to submit such information as may be deemed necessary to evaluate the changed condition including the submission of a Permit application under Section 1-20 5-84 of this Code. Z. The Control Authority may issue a Permit under Section 1-20.5-84 of this Code or modify an existing Permit in response to changed conditions or anticipated changed conditions. 3, For purposes of this requirement significant changes include, but are not limited to flow increases of twenty-five percent (25%) or greater and the discharge of any previously unreported Pollutants. F. Reports of Potential Problems 1. In the case of any Discharge including but not limited to, accidental Discharges Discharges of a non -routine episodic nature a non -customary batch Discharge or a Slug load that may cause potential problems for the Control Authority, the User shall immediately telephone and notify the Control Authority of the incident This notification shall include the location of the Discharge type of waste concentration and volume, if known, and corrective actions taken by the User. 2. Within five (5) days following such Discharge the User shall, unless waived by the Control Authority submit a detailed written report describing the cause(s) of the Discharge and the measures to be taken by the User to prevent similar future occurrences Such notification shall not relieve the User of any expense loss, damage, or other liability which may be incurred as a result of damage to the WWF natural resources, Underlined passages are added. -29- rstrdeIr#hrebgh passages are deleted. or any other damage to person or property; nor shall such notification relieve the User of any fines. penalties, or other liability which may be imposed pursuant to this Ordinance 3. A notice shall be permanently posted on the User's bulletin board or other prominent place advising employees whom to call in the event of a Discharge described in Paragraph 1, above. Employers shall ensure that all employees who may cause such a Discharge to occur, are advised of the emergency notification procedure G. Reports from Unpermitted Users All Users not required to obtain a Permit shall provide appropriate reports to the Control Authority as the Control Authority may require. H. Notice of Violation/Repeat Sampling and Reporting If sampling performed by a User indicates a violation. the User must notify the Control Authority within twenty-four (24) hours of becoming aware of the violation The User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Control Authority within thirty (30) days after becoming aware of the violation The User is not required to resample if the Control Authority monitors at the User's facility at least once a month or if the Control Authority samples between the User's initial sampling and when the User receives the results of this sampling_ I. Notification of the Discharge of Hazardous Waste 1. Any User who commences the discharge of hazardous waste shall notify the Control Authority, the EPA Regional Waste Management Ordinance Director, and State hazardous waste authorities, in writing of any Discharge into the WWF of a substance which if otherwise disposed of, would be a hazardous waste under 40 CRF Part 261 Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261 the EPA hazardous waste number, and the type of Discharge (continuous batch or other). If the User discharges more than one hundred (100) kilograms of such waste per calendar month to the WWTF, the notification also shall contain the following information to the extent such information is known and readily available to the User: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred and eighty (180) days after the discharge commences Any notification under this paragraph needs be submitted only once for each hazardous waste discharged However notifications of changed conditions must be submitted under Section 1-20 5-85 of this Code The notification requirement in this section does not apply to Pollutants already reported by Underlined passages are added. -30- Struck tHrott9h passages are deleted. Users sub iect to Categorical Pretreatment Standards under the self -monitoring requirements of Section 1-20 5-85 of this Code. 2. Dischargers are exempt from the requirements of Paragraph 1, above, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes unless the wastes are acute hazardous wastes as specified in 40 CFR 261 30(d) and 26133(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month or of any quantity of acute hazardous wastes as specified in 40 CFR 26130(d) and 26133(e, requires a one-time notification Subseguent months during which the User discharges more than such quantities of any hazardous waste do not require additional notification. 3. In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste the User must notify the Control Authority, the EPA Regional Waste Management Waste Ordinance Director, and State hazardous waste authorities of the Discharge of such substance within ninety (90) days of the effective date of such regulations. A. In the case of any notification made under this section, the User shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. 5. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this Code a permit issued thereunder, or any applicable Federal or State law. J. Analytical Requirements All Pollutant analyses including sampling techniques, to be submitted as part of a Permit application or report shall be performed in accordance with the techniques prescribed in 62-625 600(1)(e) F A C unless otherwise specified in an applicable Categorical Pretreatment Standard; or the sampling or analytical techniques for the Pollutant in question is not given for the Pollutant in question sampling and analyses must be performed in accordance with procedures approved by EPA. K. Sample Collection 1. Except as indicated in Paragraph 2 below, the User must collect wastewater samples using flow proportional composite collection techniques In the event flow proportional sampling is infeasible the Control Authority may authorize the use o time proportional sampling or a minimum of four (4) grab samples where the User demonstrates Underlined passages are added. -31- StruelttKre"gK passages are deleted. that this will provide a representative sample of the effluent being discharged In addition Arab samples may be required to show compliance with instantaneous Discharge limits 2. Samples for oil and grease temperature pH cyanide. phenols sulfides and volatile organic compounds must be obtained using grab collection techniques L. Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed postage prepaid into a mail facility serviced by the United States Postal Service the date of receipt of the report shall govern M. Records. Any Industrial User sub ject to the reporting requirements in this Code is required to retain for a minimum of three (3) years any records of monitoring activities and results, and shall make records available for inspection or photocopying by the Control Authority or state or federal officials Records shall include the date exact place method and time of sampling and the name of the person(s) taking the samples• the dates analyses were performed; who performed the analysis• the analytical techniques or methods used and the results of said analyses The three (3) year period shall be automatically extended for the duration of any litigation concerning the User, the Control Authority or where the User has been specifically notified of a longer retention period by the Control Authority. Sec. 1-20.5-86 Protection from Damage. No person shall maliciously, willfully, or negligently break damage destroy, uncover, deface, or tamper with any structure appurtenance or equipment which is a part of the WWF. Costs of any damage to the WWF costs associated with Interference with the WWF costs associated with any penalties or enforcement actions imposed on the WWF and costs for additional treatment or alternative disposal methods required to meet effluent or sludge treatment and disposal requirements (collectively "Damages") resulting from violations of this Code shall be paid by the User responsible for the violations damages or costs Sec. 1-20.5-87. Powers and Authorijy of Inspectors Authorized representatives of the Control Authority, the DEP and the EPA bearing proper credentials shall be permitted to enter upon any property without prior notification for the purpose of inspection. observation measurement sampling testing review and/or photocopying of records, or investigation as may be necessary in the enforcement of this Code. Entry shall be made during daylight or operating hours unless abnormal or emergency circumstances require otherwise. Underlined passages are added. -32- S#rwek +hreegh passages are deleted. The Control Authority may seek issuance of a search warrant(s) from any court of competent jurisdiction for the following reasons: A. Refusal of access to a building structure or property or any part thereof. B. If the Control Authority is able to demonstrate probable cause to believe that there maybe a violation of this Code. C. If there is a need to inspect and/or sample as part of a routine inspection and sampling program of the Control Authority. D. To protect the public health safes and welfare of the Control Authority. Sec. 1-20.5-88 Enforcement Actions. The following escalating enforcement strategy may be used by the Control Authority when Industrial Users are out of compliance with this Code. The various types of enforcement actions including the Industrial Discharger Enforcement Procedure (IDEP). shall be used as determined by the Control Authority depending on the circumstances of the violation. A. Immediate Threat to Public Health The Control Authority may require the immediate halt of a Discharge if it is deemed as an immediate threat to public health or the WWF. B. Self -Monitoring The Industrial User will review its self -monitoring data to determine whether a violation of this Ordinance and/or of its permit limitations has occurred. If a violation has occurred the Industrial User must provide to the Control Authority: 1. 24-hour notification that a violation has occurred. 2. Magnitude and nature of the violation. 3. Details regarding analytical quality assurance. Failure to comply with the twenty -four-hour notification requirement will result in administrative fines to be determined by the Control Authority. C. Re -sampling._ Upon the determination that a violation has occurred. the Industrial User must resamDle the final Discharge for the violated parameter. The re - sampling date must be submitted to the Control Authority within thirty (30) days of violation discovery. Failure to resample and report within thirty (30) days is a violation of this Underlined passages are added. -33- Struck +hreugh passages are deleted. ordinance and Rule 62-625,600(6)(bb), F.A.C. If the IU fails to resample and submit the report within thirty (30) days, the Control Authority will issue a Notice of Violation (NOVZ Failure to comply with the NOV will result in a single administrative fine to be determined by the Control Authority per violation. Continued failure to comply within sixty (60) days from original violation thereafter will result in a monthly fine to be determined Control Authority. D. WWF Monitoring. The Control Authority will conduct periodic, independent compliance monitoring of Industrial Users as appropriate. If the violation is not significant, as defined in this Code. the Control Authority will issue a NOV and a forty-five dgy compliance schedule including the requirement to resample in order to determine whether a violation is significant. The results of the re -sampling must be submitted to the Control Authority within thirty (30) days of receipt of the compliance schedule. Failure to comply will result in a single fine to be determined by the Control Authority per violation. Continued failure to comply sixty (60) days after issuance of the NOV will result in a monthly fine to be determined by the Control Authority. E. Significant Noncompliance. The Control Authority will review sampling data obtained to determine whether Significant Noncompliance as defined in this Code has occurred; in which case a single fine to be determined by the Control Authority will be assessed per violation. F. Formal Notice. If Significant Noncompliance is determined to have occurred, the Control Authority will issue a Notice of Significant Violation (NOSY), requiring the Industrial User to submit within fifteen (15) days of the receipt of the notice, a ninety -day compliance schedule to determine the need to install or construct Pretreatment facilities. Failure to respond within fifteen (15) days will result in a single fine to be determined by the Control Authority per violation. Upon receipt of the draft compliance schedule, the Control Authority will issue the compliance schedule as a condition of continued operation. A Demonstration of Compliance (DOC) will be included as the final item in the compliance schedule. If at anytime during the ninety -day schedule, the Industrial User determines that Pretreatment facilities are required. the Industrial User will inform the Control Authority, of such and submit a draft construction schedule. G. DOC. Upon completion of the ninety -day compliance schedule, the Control Authority will review the DOC data to determine whether compliance has been achieved. Failure to demonstrate compliance during the ninety -day schedule will result in the Control Authority issuing another NOSV requiring the Industrial User to submit within fifteen (15) days of receipt of the NOSY a draft compliance schedule for the construction of new Pretreatment facilities or the improvement, modification or expansion of existing facilities. Underlined passages are added. -34- S+Ptick +Kreagh passages are deleted. Failure to respond within fifteen (15) days will result in a single fine to be determined by the Control Authority per violation Continued failure to comply within sixty days of the NOSY thereafter will result in a monthly fine to be determined by the Control Authority. Upon receipt of the draft compliance schedule the Control Authority will issue the compliance schedule as a condition of continued operation Approval of the facility design engineer by the Control Authoritv is required prior to design of the Pretreatment facility. A DOC will be included as the final item in the compliance schedule Upon completion of the construction compliance schedule the Control Authority will review the DOC data to determine whether compliance has been achieved. H. Final Schedule of Compliance If the construction of Pretreatment facilities does not achieve compliance the Control Authority will assess a fine to be determined by the Control Authority and will issue a notice of monthly fine (NMF) Fines of the some amount will continue to be assessed on a monthly basis until compliance is achieved or service is terminated The NMF will require that the Industrial User submit a draft final compliance schedule within fifteen (15) dgys or receipt of the NMF Upon receipt of the draft compliance schedule the Control Authority will issue the final schedule of compliance as a condition of continued operation A DOC period will be included as the final item in the compliance schedule Upon completion of the compliance schedule the Control Authority will review the DOC data to determine whether compliance has been achieved. I. Show Cause Hearing If the final compliance schedule does not achieve compliance the Control Authority will issue a Notice to Show Cause (NSC) why the Discharge permit should not be revoked and service terminated in accordance with law. The NSC will be served on the User specifying the time and place of the hearing the proposed facts of the action the reasons for such actions and a request that the User show cause why the proposed enforcement action should not be taken The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing on the User or posted at the location where the alleged violation is occurring or has occurred Whether or not the User appears as notified, immediate enforcement action mgy be pursued following the hearing The Control Authority will hold the show cause hearing to determine whether the permit should be revoked and Sewer services terminated. 1. If the Industrial User shows cause for its failure to comply. service shall not be terminated nor the permit revoked The monthly fine will increase to an amount to be determined by the Control Authority per day and a new final compliance schedule will be issued. Underlined passages are added. -3J - straek tKraug4t passages are deleted. 2. If the Industrial User fails to show cause why its permit should not be revoked and service terminated. the Industrial User's permit shall be revoked and its Sewer service will be terminated by the Control Authority. J. Violations Not Addressed. Penalties for violations of this Code and/or the User's Permit not addressed in this section will be assessed at the discretion of the Control Authority. Sec, 1-20.5-89 Permit Fees and Penalties. A. Permit Application and Renewal Fee: Non -Categorical Industry Permit $ per year Categorical Industry Permit $ per year Analytical Fees On a permit by permit basis Plus applicable Fees by other Control Agencies on a pass through basis B. Other Fees and Penalties are listed under Section 1-20 5-85 Enforcement Actions. C. Industrial waste surcharge rates shall be as listed below: BOD = $0.40/lb T55 = $0.40/lb Oil & Grease = $7.30/lb Plus applicable Fees by other Control Agencies on a pass through basis Monthly Surcharges shall be calculated as follows: IW5 = 8.34 (V) ($0.40x(BOD-400) + $0 40y(T55-400) + $7 30z(OG-100) IW5 = Monthly Industrial surcharge rate V = Volume of industrial flow in million gallons per month based on metered water. BOD = Biochemical Oxygen Demand in mg/L T5S = Total Suspended Solids in mg/L. OG = Oil and grease in mg/L. X= Capital and operating costs per pound of BOD greater than 400 mg/L. Y= Capital and operating costs per pound of T55 greater than 400 mg/L. Z= Capital and operating costs per pound of oil and . grease greater than 100 Underlined passages are added. -36- Stetick-threct9h passages are deleted. mg/L. D. Any person who violates a provision of this Code shall be prosecuted in the name of the State of Florida in a court having jurisdiction of misdemeanors by the prosecuting attorneythereof and upon conviction shall be punished by a fine to be determined by the Control Authority for each offense or by imprisonment not to exceed sixty (60) days or by both such fine and imprisonment If a violation continues each day of such violation shall constitute a separate offense. E. Any person who knowingly makes any false statement representation or certification in any record or other document submitted under this Code shall be sub iect to fines to be determined by the Control Authority per violation or by imprisonment for not more than sixty (60) days, or both. Section 1-20.5-90. Civil and Criminal Remedies. In addition to the administrative finesprovided in Sections 1-20.5-88 and 1-20.5-89, to the extent permitted by State law. the Control Authority is hereby authorized to institute any appropriate action or proceeding including suit for damages injunctive relief and civil penalties to be determined by the Control Authority per day per violation in order to prevent or abate violations of this Code or to recover Damages as provided in Section 1-20.5-86. The Control Authority may recover reasonable attorneys' fees court costs and other expenses associated with enforcement activities including sampling and monitoring_ expenses and the cost of any Damages incurred by the Control Authority. A. Injunctive Relief. When the Control Authority finds that a User has violated. or continues to violate any provision of this Code a Permit or order issued hereunder, or any other Pretreatment Standard or Requirement the Control Authority may petition the Circuit Court for the issuance of a temporary or permanent in junction as appropriate, which restrains or compels the specific performance of the Permit order, or other requirement imposed by this Code on activities of the User. The Control Authority may also seek such other action as is appropriate for legal and/or equitable relief including a requirement for the User to conduct environmental remediation A petition for injunctive relief shall not be a bar against or a prerequisite for taking any other action against a User. B. Criminal Prosecution. 1. A User who willfully or negligently violates any provision of this Code, a Permit or order issued hereunder or any other Pretreatment Standard or Requirement Underlined passages are added. -37- b#raek thret1h passages are deleted. shall. upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than the maximum fine allowed under State law per violation per day, or imprisonment or both 2. A User who willfully or negligently introduces any substance into the WWF which causes personal injury or property damage shall upon conviction be guilty of a misdemeanor and be subject to a penalty of at least the maximum fine allowable under State law, or be subject to imprisonment, or both This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law. 3. A User who knowingly makes any false statements representations or certifications in any application record report plan or other documentation filed or required to be maintained. pursuant to this Code Permit or order issued hereunder, or who falsifies. tampers with, or knowingly renders inaccurate any monitoring device or method required under this Code shall, upon conviction be punished by a fine of not more than the maximum fine allowable under State law per violation per day, or imprisonment or both 4. In the event of a second conviction. a User shall be punished by a fine of not more than the maximum fine allowable under State law per violation per day or imprisonment, or both. C. Remedies Nonexclusive. The remedies provided for in this Code are not exclusive. The Control Authority may take any, all or any combination of these actions against a noncompliant User. Enforcement of Pretreatment violations will generally be in accordance with the Control Authority's enforcement response plan However, the Control Authority max take other action against any User when the when the circumstances warrant Further, the Control Authority is empowered to take more than one enforcement action against any noncompliant User. Sec. 1-20.5-91 Notification Requirements. A. Accidental Discharge of Prohibited Discharge Standards A User shall have an affirmative defense to the imposition of penalties but not to recovery of damages caused to the WWF) in an enforcement action brought against it for noncompliance with the general prohibitions or the specific prohibitions in Section 1-20 5-82(A) if it can prove that it did not know, or have reason to know, that its Discharge, alone or in con -_unction with Discharges from other sources. would cause Pass Through or Interference and that either: 1. A local limit exists for each Pollutant discharged and the User was in compliance with each limit directly prior to and during the Pass Through or Interference or Underlined passages are added. -38- sStrdekc hPoagh passages are deleted. 2. No local limit exists but the Discharge did not change substantially in nature or constituents from the User's prior Discharge when the WWF was regularly in compliance with its NPDE5 permit and in the case of Interference, was in compliance with applicable sludge use or disposal requirements. B. Upset If there occurs an unintentional and temporary noncompliance with Pretreatment Standards because of factors bond the reasonable control of the Industrial User and the Industrial User wishes to establish an affirmative defense to the imposition of penalties but not to recovery of damages caused to the WWF) of an Upset, the User must demonstrate through properly signed contemporaneous operating logs or other relevant evidence. that: Upset; and 1. An Upset occurred and the Industrial User can identify the cause of the 2. The Industrial User's facility was at the time of the Upset, being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and 3. The Industrial User properly notified the Control Authority of the Upset in accordance with the procedures set forth in Paragraph (D) below. In any enforcement proceeding the Industrial User seeking to establish the occurrence of an Upset has the burden of proof. An Upset does not include noncompliance to the extent caused by operational error improperly designed treatment facilities inadequate treatment facilities lack of preventive maintenance or careless or improper operation. The Industrial User shall control production or all Discharges to the extent necessary to maintain compliance with Pretreatment Standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where among other things, the primary source of power of the treatment facility is reduced, lost or fails. C. Bypass. 1. An Industrial User may allow Bypass to occur which does not cause Pretreatment Standards or Requirements to be violated and does not cause doma eq_ to or Interference with the WWF but one if it is for essential maintenance to assure efficient operation. Underlined passages are added. -39- Struelt +hrouq r passages are deleted. 2, If an Industrial User knows in advance of the need for a Bypass, it shall submit a notice to the Control Authority at least ten (10) days before the date of the Bypass. 3. Bypass that exceeds applicable Pretreatment Standards is prohibited, and the Control Authority shall take enforcement action against an Industrial User for a Bypass, unless: a. The Bypass was unavoidable to prevent loss of life, personal in icy, or sever property damage. b. There were no technically feasible alternatives to the Bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable enc;tineerinq iudoment to prevent a BvDass which occurred durina normal periods of equipment downtime or preventative maintenance. C. The Industrial User properly notifies the Control Authority the Bypass in accordance with the procedures set forth in Paragraph (D) below. D. Notification of Accidental bischarge, Upset or Bypass. 1, Immediate Notification via Te%ahone: In the event of an accidental Discharge, Slug load, Upset or Bypass. (including a violation of the Prohibited Discharge Standards in Section 1-20.5-82 of this Code) the User shall take the necessary measures to stop, limit, or control the Discharge. The discharger shall immediately notify the Control Authority within twenty-four (24) hours about the incident by telephone. In the event the Control Authoritv is not available. the discharger shall notifv the Control Authoritv by telephone. The notification shall include: a. Address of the Discharge b. Type of Discharge C. Concentration of Pollutants in the Discharae d. Volume of Discharge e. Corrective measures taken 2. Written Notification: Within five (5) days of the accidental Discharge, Upset or Bypass, the discharger shall submit a written report to the Control Authority. The report shall include, but not be limited to, type of Discharge, concentrations, volume, cause of the event, duration of the event, corrective measures taken and measures to be employed Underlined passages are added. -40- wgh passages are deleted. to prevent future incidents. In the event further information is requested, the discharger shall provide the information within forty-eight 48) hours of the request. If the event occurs during a holiday period or weekend, the written notification shall be the first working day following the holiday period or weekend. Such notification shall not relieve the User of any expense loss damage or other liability which may be incurred as a result of damage to the WWF natural resources, or any other damage to person or property; nor shall notification relieve the User of any fines, civil penalties, or other liability which may be imposed by this Code or other applicable law. 3. Notice to Emp/oXees: A notice shall be permanently posted on the User's bulletin board or other prominent place advising employees whom to call in the event of an accidental Discharge Upset or Bypass. Employers shall insure that all employees who could cause or suffer such an accidental Discharges, Upset or Bypasses to occur are advised of the emergency notification procedures Failure to notify the Control Authority of potential problem Discharges Upset or Bypasses shall be deemed a separate violation of this Code. Sec. 1-20.5-92 Confidentiality Information and data concerning individual Industrial Users obtained from reports, questionnaires permit applications permits monitoring programs and inspections shall be available to the public to the extent permitted by Florida law, upon written request without restriction unless the Industrial User specifically requests and is able to demonstrate to the satisfaction of the Control Authority that such release would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Wastewater constituents and characteristics will not be recognized as confidential information, PART B. CONFLICT. This Ordinance repeals all other District actions to the extent in conflict with this Ordinance. PART C. SEVERABILM. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of the District that the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. Underlined passages are added. -41- StrdekthrongFr passages are deleted. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This Ordinance shall be in full force and effect upon adoption by the District. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Charles Grande, Chairman XXX Doug Coward, Vice Chairman XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through G shall not be codified. PASSED AND DULY ADOPTED this day of ATTEST: Deputy Clerk Underlined passages are added. 2010. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney -42- S#raek through passages are deleted. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-4 Date: January 26, 2010 Regular [ ] Public Hearing [ ] Consent[X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Permission to Advertise - Ordinance No. 10-013 Amending Chapter 1-16.2 (Public Property) to Establish Standards and Procedures for Sale of Neighborhood Stabilization Program (NSP) Properties BACKGROUND: See C.A. No. 10-058 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff requests permission to advertise proposed Ordinance No. 10-013 for public hearing on February 23, 2010, at 9:00 a.m. or as soon thereafter as may be heard. COMMISSION ACTION: [] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures Mgt. & Budget: Daniel 'M tyre Marie Gouin Originating Dept.: r' Other Beth Ryder Finance (Check for Copy only, if applicable): Purchasing: Other : INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 10-058 DATE: January 12, 2010 SUBJECT: Permission to Advertise - Ordinance No. 10-013 Amending Chapter 1-16.2 (Public Property) to Establish Standards and Procedures for Sale of Neighborhood Stabilization Program (NSP) Properties BACKGROUND: Attached to this memorandum is a copy of proposed Ordinance No. 10-013 which would amend Chapter 1-16.2 (Public Property) of the Code of Ordinances and Compiled Laws to establish standards and procedures for the sale of residential properties acquired by the County under the Neighborhood Stabilization Program (NSP) to qualified buyers. Section 125.35, Florida Statutes, establishes the procedures for sale of county owned property. In addition to advertising for formal bids or proposals, Section 125.35(3) also authorizes a county to adopt alternative procedures subject to certain conditions. The proposed ordinance would permit the Board of County Commissioners to waive the competitive bid or proposal requirement for NSP properties subject to public notice and the adoption of a resolution authorizing the waiver. RECOMMENDATION/CONCLUSION : Staff requests permission to advertise proposed Ordinance No. 10-013 for public hearing on February 23, 2010 at 9:00 a.m., or as soon thereafter as may be heard. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Community Services Director Purchasing Director ORDINANCE NO. 10-013 AN ORDINANCE AMENDING CHAPTER 1-16.2 (PUBLIC PROPERTY), OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, TO CREATE ARTICLE III (NEIGHBORHOOD STABILIZATION PROGRAM SALES STANDARDS AND PROCEDURES) TO ESTABLISH STANDARDS AND PROCEDURES FOR SALE OF NEIGHBORHOOD STABILIZATION PROGRAM PROPERTY PURSUANT TO SECTION 125.35, FLORIDA STATUTES (2008); CREATING SECTION 1-16.2 -13 (PURPOSE); CREATING SECTION 1-16.2 -14 (COMPETITION AND QUALIFICATION STANDARDS); CREATING SECTION 1-16.2 -15 (BID/PROPOSAL WAIVER PROCEDURE); CREATING SECTION 1-16.2-16 (INFORMATION ON AVAILABLE COUNTY PROPERTY); CREATING SECTION 1-16.2-17 (ELIBIBILITY DETERMINATION); CREATING SECTION 1-16.2 -18 (CONSISTENCY WITH COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS); PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; ADOPTION; AND CODIFICATION WHEREAS, Sections 125.35(1) and 125.35(2), Florida Statutes, provide for the lease of County owned real property subject to certain advertising requirements; and, WHEREAS, Section 125.35(3), Florida Statutes (2009) authorizes a county to adopt alternative procedures for the lease of county owned real property; and, WHEREAS, the County is participating in the Neighborhood Stabilization Program to acquire foreclosed residential properties in the unincorporated areas of the County and make them available to qualified residents of the County; and, WHEREAS, the County desires to adopt an alternative leasing procedure in accordance with the provisions of Section 125.35(3) in order to provide for a more 1 efficient and expedient sales procedure for properties acquired under the Neighborhood Stabilization Program. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF CHAPTER 1-16.2 (PUBLIC PROPERTY) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS Chapter 1-16.2 (Public Property) of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, is hereby amended by creating Article III (Neighborhood Stabilization Program Sales Standards and Procedures) to read as follows: ARTICLE III. NEIGHBORHOOD STABLIZATION PROGRAM SALES STANDARDS AND PROCEDURES Section 1-16.2-13 Purpose. The purpose of developing the Neighborhood Stabilization Program ("NSP") is to acquire foreclosed and abandoned residential properties within the unincorporated areas of the County, rehabilitate them if necessary, and convey them to homebuyers meeting low and moderate income eligibility requirements. Section 1-16.2-14 Competition and Qualification Standards. In order to convey properties acquired under the NSP to eligible homeowners, the Board of County Commissioners may either (1) bid and award a contract for sale of a subject property on a competitive sealed bid or proposal basis' or, (2) determine to waive the process of obtaining competitive sealed bids or proposals and award a contract for sale to a person or persons meeting the NSP eligibility requirements. Section 1-16.2-15 Bid/Proposal Waiver Procedure. In the event the Board determines to consider waiving the competitive bid or proposal process, the Board shall: (a) Publish a notice in a newspaper of general circulation in St. Lucie County at least ten (10) days before the Board's regular meeting at which the bid or proposal waiver will be considered The notice shall identify the nature of the proposed bid or proposal r PASSED AND DULY ADOPTED this XX day of XX, 2010. ATTEST: Deputy Clerk s:\atty\ordinance\2010\10-013.doc Rev. 1.13.10 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: 5 County Attorney AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-5 Date: January 26, 2010 Regular [ ] Public Hearing[ ] Consent [X ] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Bear Point Mitigation Bank - Credit Purchase Agreement with Kiwi Partners, L.L.C. BACKGROUND: See C.A. No. 10-062 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approved the proposed Bear Point Mitigation Bank Credit Purchase Agreement with Kiwi Partners, L.L.C., and authorize the Chairman to sign the agreement. COMMISSION ACTION: CONCURRENCE: APPROVED [ J DENIED [ ] OTHER: Faye W. Outlaw, M.P.A. Approved 5.0 County Administrator Coordination/Signatures County Attorney:,, (� !1, Mgt. & Budget: Purchasing: Danie S. McIntyre Originating Dept.: Other : Other J es R. David Finance (Check for Copy only, if applicable): r INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 10-062 DATE: January 14, 2010 SUBJECT: Bear Point Mitigation Bank - Credit Purchase Agreement with Kiwi Partners, L.L.C. BACKGROUND: Attached to this memorandum is a copy of a proposed Bear Point Mitigation Bank Credit Purchase Agreement with Kiwi Partners, L.L.C. The agreement provides for the developer to purchase 0.1 State Credit in the bank for a total cost of nine thousand seven hundred fifty and 00/100 dollars ($9,750.00). They have already paid a reservation fee in the two thousand four hundred thirty-seven and 50/100 dollars ($2,437.50) which be applied toward the purchase price. The subject property is located on the south side of the Fort Pierce Inlet at 1240 Seaway Drive. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approved the proposed Bear Point Mitigation Bank Credit Purchase Agreement with Kiwi Partners, L.L.C., and authorize the Chairman to sign the agreement. Attachment HY/ Copies to: County Administrator Mosquito Control District Finance Director Management and Budget Director Respectfully submitted, Heather Young Assistant County Attorney t MITIGATION BANK CREDIT PURCHASE AGREEMENT THIS AGREEMENT made and entered into this day of , 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County"), whose address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 and KIWI PARTNERS, L.L.C., a Florida limited liability corporation, ("Developer"), whose address is 1136 New York Avenue, Saint Cloud, Florida 34769. WITNESSETH WHEREAS, the County owns and operates the Bear Point Mitigation Bank, ("Bank"); and, WHEREAS, the Developer is the owner of certain property lying in the Bank's Mitigation Service Area, ("Site"); and, WHEREAS, the Developer intends to develop the Site in a manner consistent with all local, state, and federal regulations; and, WHEREAS, the Developer desires to purchase 0.1 State Credit from the Bank in order to proceed with the proposed development of the Site. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. The County agrees to sell and the Developer agrees to purchase 0.1 Dual Federal/State Bank Credits for the Project in the total amount of nine thousand seven hundred fifty and 00/100 dollars ($9,750.00), including the previously paid reservation fee in the amount of two thousand four hundred thirty- seven and 50/100 dollars ($2,437.50), in conjunction with the proposed development of the Site. 2. The parties acknowledge and agree that the Developer has paid the purchase price in full for the Credits to the County and the County has issued a written receipt to the Developer acknowledging such payment. 3. It shall be the responsibility of the Developer to provide the permitting agencies with a copy of the receipt or other acceptable proof indicating purchase of the Credits. The Developer shall provide the County with copies of the permits in order for the County to request credit release from the permitting agencies once the permits have been issued. Upon receipt of the permit copies, the County will provide the Developer with proof of credit releases in the form of ledger statements documenting the credit release as approved by the permitting agencies. 4. Any disputes relating to interpretation of the terms of this Agreement or a question of fact or arising under this Agreement shall be resolved through good faith efforts upon the part of the Developer and the County. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 5. Prior to initiating any litigation concerning this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 6. 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. 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 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 have caused this Agreement to be executed on the day first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN ATTEST: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY KIWI PARTNERS, L.L.C. BY: SECRETARY PRESIDENT (SEAL) g:\atty\agreemnt\bearpt. kiwi. pur. doc ITEM NO. VI — C1 DATE: 1/26/2010 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Donald B. West SUBMITTED BY: Public Works - Administration Public Works Dir for SUBJECT: Lakewood Park Canal Control Structures; South Florida Water Management District (SFWMD) Amendment No. 2 — Grant Time Extension BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Amendment No. 2 for time extension to contract No. 4600000621 with South Florida Water Management District for Lakewood Park Canal Control Structures Stormwater Drainage and Water Quality Improvement project as outlined in the agenda memorandum and signature by the Chairman. COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Approved 5-0 Coordination/Sisanatures Nf4 CountyAttorne (>C) OMB Director (X1 oy Marie Guiuin Dan McIntyre Originating Dept. ()<) Vr• ERD ( ) Donal B. West Pilhlir Wnrlr&-- II ■A MA �M1\AM� TO: Board of County Commissioners FROM: Donald B. West, Public Works Director DATE: January 26, 2010 SUBJECT: Lakewood Park Canal Control Structures; SFWMD Amendment No. 2 — Grant Time Extension ITEM NO. VI — C1 Background: After conducting studies to evaluate the Lakewood Park stormwater system and the downstream Fort Pierce Farms Water Control District canals, a three phased approach to the potential Lakewood Park improvements was outlined. The first phase focuses on replacement of the primary water control structures with operational gates to provide maximum flexibility for stormwater management under varying conditions. The current project comprises improving and upgrading the primary outfall control structures for Lakewood Park Subdivision. The structures are designed and permitted as operable gates, to replace the fixed crest weirs that previously existed. This improvement gives the County the ability to lower internal canal stages prior to major storm events and provide greater flood protection. Likewise, during drought conditions the water could be maintained at higher levels, to improve lake aesthetics and maintain higher groundwater levels. The original project completion date was September 6, 2009. This amendment will extend the grant deadline to February 27, 2010. This extension will allow the County to complete the project and recover the remaining funds available from the granting agency. Previous Action: February 14, 2007 — Board acceptance and approval of JPA with SFWMD for Lakewood Park Canal Control Structures. April 10, 2007 — Board acceptance of Budget Resolution No. 07-109 in the amount of $250,000.00 from SFWMD for Lakewood Park Canal Control Structures, Stormwater Drainage and Water Quality Improvement project. September 23, 2008 — Board approval of Amendment No. 1 (Time Extension). Recommendation: Board approval of Amendment No. 2 for time extension to contract No. 4600000621 with South Florida Water Management District for Lakewood Park Canal Control Structures Stormwater Drainage and Water Quality Improvement project as outlined in the agenda memorandum and signature by the Chairman. SOUTH FLORIDA WATER MANAGEMENT DISTRICT 0 ' AMENDMENT 4600000621-A02 AMENDMENT NO. 02 TO CONTRACT NO.4600000621 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT .1I ST LUCIE COUNTY to ,,the Parties, This AMENDMENT NO. 02, entered into on �� the South Florida Water that CONTRACT dated March 7, 2007 between Management District (DISTRICT), and St Lucie County (COUNTY). WITNESSETH THAT: WHEREAS, the CONTRACT may be amended with the prior written approval of the parties; and WHEREAS, the parties wish to amend the CONTRACT in order to extend the period of performance and amend the Payment and Deliverable Schedule; NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: and te 1. The term of the CONTRACT islherebyed of the actual dates of execut on expiration this date, as amended, is February 27, 200Regardless AMENDMENT NO. 02 shall be effective on September 6, 2009. 2. This AMENDMENT NO. 01 shall be at no additional cost to the DISTRICT. 3. The Payment & Deliverable Schedule is also hereby revised in accordance with Exhibit "132", attached hereto and made a part of this AMENDMENT NO. 02. Amendment No. 02 to No 4600000621- -- Page 1 of 2 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 4. All other terms and conditions of the CONTRACT, as amended, remain unchanged. IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AMENDMENT NO.02 on the date first written above. SFWMD mocummENT APPxoveo By: 144r Date: ?' 2tr%ir _o„_ SOUTH FLORIDA WATER MANAGEMENT DISTRICT LIM Frank Hayden, Procurement Director ST LUCIE COUNTY. LIN Title: Amendment No. 02 to No 4600000621- --Page 2 of 2 Exhibit B2 PAYMENT AND DELIVERY SCHEDULE 4600000621-A02 TASK DELIVERABLE SCHEDULE DISTRICT PAYMENT (time from contract execution Task 1: 1-copy of progress Every 3 months starting from Quarterly report every quarter throughout duration of contract Progress Re As contract execution September 2008 2: TaskTask 2: &permits 1-copy of construction & 1-copy of (complete) PermConstruction construction contract Contract Execution Task 3 : 1-copy of progress December 2008 Construction re As 1-copy of progress complete) February 2010 $18,767 Task 4: Construction reports complete February 2010 $77,131 Task 5: 1-copy of progress Construction reports & Engineer's Certification $95,898 Total District Page 1 It arnnnnnA?i _any AGENDA REQUEST ITEM NO. VI —C2 DATE: 1126/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. l ) QUASWD ( 1 CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Christopher Lestrange SUBMITTED BY: Public Works — Code Compliance Code Compliance Manager SUBJECT: Unsafe Structure, 2702 Essex Court, Ft. Pierce, FL 34946 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 102-2415-549000-200 — Advertising PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to advertise a public hearing scheduled for April 6, 2010, as outlined in the agenda memorandum. COMMISSION ACTION: (,Y,) APPROVED ( ) OTHER Approved 5-0 ( ) DENIED Coordination/Sionatures CONCURRENCE: Faye W. Outlaw, MPA County Administrator County Attomey ( X) OMB Director ( X )� / " ` Budget Analyst Dan McIntyre Marie Gouin Originating Dept. ( X) - Other ( ) Do Id B. West Public Works Administration MEMORANDUM TO: Board of County Commissioners THROUGH: Donald B. West, Public Works Directo�M %A FROM: Christopher Lestrange, Code Compliance Manager/Building Official DATE: January 26, 2010 SUBJECT: Unsafe Structure, 2702 Essex Court, Ft. Pierce, FL 34946 ITEM NO. VI-C2 Backaround: On March 19, 2009, Code Enforcement issued a notice of violation letter to renew expired demolition permit 0709-0347 to complete the demolition of the fire damaged single family home at the above address. Corrective action was not taken and the matter was referred to the January 6, 2010 Code Enforcement Board for a violation hearing where the property was found in violation. The owner did not appear and the default date of February 5, 2010 was given to correct the violation. In accordance with St. Lucie County Code and Compiled Laws, Chapter 2-5, Article III, Unsafe Buildings and Structures, the Board of County Commissioners is authorized to declare a structure within the unincorporated County unsafe and a nuisance, when it is determined the building is a menace to public health, a fire hazard, unsafe so as to endanger life or property or damaged, deteriorated or defective to such an extent that the cost of restoration exceeds fifty percent of the value after restoration. If the Board determines the structure is unsafe, they shall conduct a public hearing and may order the vacation, demolition, repair or removal of the unsafe structure. All associated costs shall be assessed against the property by filing a lien in accordance with the attached Declaration. In accordance with Section 2-5-42, this memorandum is to document a finding by the Building Official that the single family home located at 2702 Essex Court (two photographs dated December 2, 2009 attached) is unsafe, and an attractive nuisance due to fire, decay, deterioration, abandonment and structural defects, to the extent that it may be injurious to the public health and a danger to any occupants and surrounding properties. Further, the cost of restoration exceeds fifty percent of the value after restoration. Recommendation: Board approval to advertise a public hearing scheduled for April 6, 2010, as outlined in this agenda memorandum. BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY DECLARATION OF UNSAFE BUILDING OR STRUCTURE NOTICE OF PUBLIC HEARING THIS MATTER came before the Board of County Commissioners for St. Lucie County (the "Board") on January 26, 2010, pursuant to Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws (the "Code") and upon the request of the St. Lucie County Building Official to declare that the single family home at 2702 ESSEX COURT, FORT PIERCE, FLORIDA, legal description: SHERATON PLAZA - UNIT THREE REPLAT, LOT 219 (OR 2966-2975) as recorded in the Public Records of St. Lucie County, Florida (the "Building"), is unsafe and constitutes a nuisance and the Board having reviewed the report filed by the St. Lucie County Building Official and having heard comments of County Staff hereby makes the following determinations: 1. The Building described above is hereby declared to be unsafe and to constitute an attractive nuisance that may be injurious to the public health and a danger to any occupants and surrounding properties due to fire, decay, deterioration, abandonment and structural defects. 2. The structure is damaged to such an extent that the cost of repair or restoration of the building will exceed 50% of the value of the building after repair. 3. A public hearing shall be held on April 6, 2010 at 6:00 PM or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers located on the third floor of the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida to determine what further action should be taken with respect to the Building described above under the provisions of Section 2-5-43 of the Code. 4. Actions taken at this public hearing may include issuing an order for the condemnation and demolition of this Building. The cost of the demolition may be assessed against the real property upon which such cost was incurred. DONE AND ORDERED this 26th day of January, 2010. ATTEST: DEPUTY CLERK ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY All interested persons have the right to appear before the Board at the public hearing either in person or by counsel. Any questions related to this notice or the public hearing should be directed to Christopher Lestrange, the St. Lucie County Code Compliance Manager, at (772) 462- 1553. If a person decides to appeal any decision made by the Board with respect to any matter considered at the above noticed public hearing, he or she will need a record of the proceedings and that for this purpose he or she may need to ensure that a verbatim record of this proceeding is made which includes the testimony and evidence upon which the appeal is based. Photographs: 2702 Essex Court, Ft. Pierce, FL 34946 pm ITEM NO. VI-D AGENDA REQUEST DATE: 1/26/10 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT M TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Leo J. Cordeiro SUBMITTED BY: Solid Waste Director SUBJECT: Recycling of Cardboard BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to award Bid No. 09-070, Recycling of Cardboard from the St. Lucie County Solid Waste Baling and Recycling Facility to Waste Pro of Florida, Inc., and authorization for the Chairman to sign the contract as approved by the County Attorney. COMMISSION ACTION: ( APPROVED ( ) OTHER Approved 5-0 CONCURRENCE: ( ) DENIED �Z Faye W. Outlaw, MPA County Administrator Coordination/Signatures 7 County Attorney (X) OMB Director Originating Dept. ( ) Daniel S. McIntyre (Name) Purchasing (X) mf� Marie Go (X) Desiree Cimino Solid Waste Department MEMORANDUM TO: Board of County Commissioners FROM: Leo J. Cordeiro, Director Solid Waste DATE: January 26, 2010 SUBJECT: Recycling of Cardboard ITEM NO. VI-D Background: The Solid Waste Department recovers cardboard from the incoming waste for recycling. A Request for Bids for the purchase of cardboard from St. Lucie County was issued on August 23, 2009. Two hundred and seventy four companies were notified and ten documents were distributed. Three companies (SP Recycling Corporation, Waste Pro and Pratt Industries/VISV Recycling) submitted bids which were opened on September 23, 2009. The bid from Waste Pro is deemed to be in the best interest of the County. The two top responses listed their bid prices in different manners. Pratt Industries listed a percentage (90%) of the Official Board Market (OBM) price, while Waste Pro bid was shown as a dollar amount of $10.00 below the OBM. The current price paid for cardboard is $110 per ton. The price listed as a percentage by Pratt Industries would pay $99 per ton while the price listed as a dollar value by Waste Pro would pay $100 per ton. Waste Pro is a local company and Pratt Industries is located in Conyers, Georgia. SP Recycling Corporation offered a flat bid of $50 per ton. Recommendation: Board approval to award Bid No. 09-070, Recycling of Cardboard from the St. Lucie County Solid Waste Baling and Recycling Facility to Waste Pro of Florida, Inc., and authorization for the Chairman to sign the contract as approved by the County Attorney. LJC:dIs Attachment A — Tabulation Sheet Attachment B — OBM/The Yellow Sheet BOARD OF COUNTY COMMISSIONERS TABULATION SHEET — BID #09-070 Attachment A PURCHASING DEPARTMENT RECYCLING OF CARDBOARD FROM THE ST. LUCIE COUNTY SOILD WASTE BAILING & RECYCLING OPENED: SEPTEMBER 23, 2009 AT 2:00 AM THREE (3) submittals were received for subject proposal: Total Bid Price Notes: P RECYCLING CORP. ?05 Metzger Road, Ft. Pierce, FL 34947 No fluctuation due to $ 50.00 el: 772-461-8220 OBM ax: 772-462-0125 Price reflects OBM (yellow sheet) VASTE PRO southeast pricing foi 100 Selvitz Road, Ft. Pierce, FL 34981 $ 70.00 OCC(11) high side el: 772-595-9390 minus$10.00 per tot :ax: 772-464-6690 subject to change each month — PRAT ' INDUSTRIES/ ISV RECYCLING 90% High Yellow Sheet 1005 Sigman Road, Conyers, GA 30013 Southeast Region Tel: 404-725-1780 Fax: 770-860-9225 Number of companies notified*: 274 Number of bid documents distributed*: 10 Number of bids received: 3 *per demandstar.com CHRIS DZADOVSKY, District No.1 ♦ DOUG COWARD, District No. 2 ♦ PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 • CHRIS CRAFT, District No. 5 County Administrator — FAYE W. OUTLAW, MPA 2300 Virginia Avenue — Fort Pierce, FL 34982-5652 — Phone (772) 462-1700 — TDD (772) 462-1428 Website: www.co.st-lucie.fl.us Attachment B Official Board Markets THE YELLOW SHEET Transacted paper stock prices — January 9, 2010 Sorted Mixed Boxboard White Paper Cuttings News News OCC SOP Ledger (1) (4) (6) 18) (11) (37) (40) Chicago W)-05 (+10) 55- i0 (0) 30-35 (0) 70-75 (0) 9(L-1(X) (+.30) 195-205 (+20) 280-290 (+20) New England 60-65(+10) 60-65(0) 35-40(0) 80-85(0) 95-105(+30) 190-200(+20) 280-290(+20) Buffalo 6"5 (+10) 60-65 (0) 35-40 (0) 80-85 (0) 95-105 (+30) 190-200 (+20) 280-290 (+20) New York 60-65(+10) 60-65(0) 35-40(0) 80-85(0) 95-105(+30 190-200(+20) 280-290(+20) Southeast 75-80(+10) 60-65(01 30-35(0) 90-95(+5) 100 110l+30) 190-200(+20) 280-290(+201 Southwest 8("5(+10) 60-65(0) 30-35(0) 90-95(+10) 10," 11(+30) 190-200(+20) 280-290(+20) Los Angeles 100-110(+10) 100-110(+10) 95-105(+10) 120-130(+10) 115-125(+20) 195-205(+10) 255-265(+10) San Francisco 100-110(+10) 100-110(+10) 9.5-105(+10) 120-130(+10) 105-115(+25) 195-205(+10) 255-265(+10) Pacific NW 65-70 (-10) 100-I 10 (+IQ) 50_-55 0) 8045 (40) 90-85 (+5) 18"90 (+10) 255-265 (+10) White Coated Hard Hard Unprint New OLK News Soft White White White Bleached Cuttings Blanks Shavings Shavings Env. Cuts Sulfate (13) (24) (28) (30) (31) (47) Fast $120-130(+30) 170-180(+20) 275-285(+10) 330-340(+10) 435-445(+15) 335-345(+10) Midwest 115-125(+30) 130-140(0) 275-285(+10) 330-340(+10) 410-420(+10) 325-335(+10) Southeast 125-135(+30) 120-130(0) 285-295(+10) 340-350(+10) 390-400(+10) 315-325(+10) Southwest 125-135 (+30) 130 440 (0) 295-305 (+101 375-385 (+10) 390-100 (+10) 325-335 (+10) Las Angelee 125-135(+30) 190-2(x)(+15) 305-315(+10) 355-365(+10) 370-380(+I0) 3.30-340(+10) San Francisco 110-120(+30) 190-200(+15) 305-315(+10) 355-365(+101 370-380(+10) 330-340(+10) Pacific NW 125-135 (+30) 190-200 (+15) 305-315 (+10) 355-365 (+10) 370-380 (+10) 330-340 (+10) r ITEM NO. VI -El _ - DATE: 1/26/10 a AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Extension to Contract for Fire Sprinkler System Inspection, Testing and Maintenance BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 107-712-546000-1645 Equipment Maintenance 107-1940-546000-100 Equipment Maintenance 001-1925-546000-100 Equipment Maintenance PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the second extension to Contract No. C06-04-408 with Life Safety Systems, Inc., extending the contract through and including April 10, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: O APPROVED ( ) OTHER Approved 5-0 CONCURRENCE: ( ) DENIED Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB County Attorney (X) Budget Analyst Dan McIntyre Purchasing (X) �� �. Central Services Melissa Simberlund (X) (V TaWonna Johnson (X) Roger Shinn Office of Management ? = _ & Budget/Purchasing MEMORANDUM TO: Board of County Commissioner FROM: Marie M. Gouin, Director DATE: January 26, 2010 SUBJECT: Extension to Contract for Fire Sprinkler System Inspection, Testing and Maintenance ITEM NO. VI -El Background: In 2006, St. Lucie County entered into a contract with Life Safety Systems, Inc. providing continuing fire sprinkler system inspections, testing and maintenance for County facilities. Life Safety Systems is located in Port St. Lucie and was the lowest responsive, responsible bidder. The original contract term was for a period of three years. The contract allowed for two additional one-year renewal options. The first extension extended the contract through and including April 10, 2010. The second extension will extend the contract through and including April 10, 2011. With this renewal, these services will be bid near the end of calendar year 2010 for a new contract to be in place prior to April, 2011. The second extension to contract C06-04-408 is attached. Previous Action: April 11, 2006—BOCC approval of award of bid January 22, 2008—Amendment adding Clerk of Courts Building August 12, 2008—Amendment adding Logistic Center February 24, 2009—First extension of contract May 26, 2009—Amendment adding the Havert L. Fenn Center Recommendation: Board approval of the second extension to Contract No. C06-04-408 with Life Safety Systems, Inc., extending the contract through and including April 10, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. C06-04-408 SECOND EXTENSION OF CONTRACT BETWEEN ST LUCIE COUNTY AND LIFE SAFETY SYSTEMS, INC. THIS SECOND EXTENSION, is made and entered into this day of , 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and LIFE SAFETY SYSTEMS, INC., or its successors, executors, administrators, and assigns ("Contractor"). WHEREAS, on April 11, 2006, the County and the Contractor entered into a Contract whereby the Contractor agreed to provide for fire sprinkler system inspection, testing and maintenance for county facilities for an initial term until April 10, 2009, with the option to extend the term of the Contract for two (2) additional one-year terms thereafter; and WHEREAS, on February 24, 2009, the parties executed the first extension to the contract extending the term through and including April 10, 2010; and, WHEREAS, the County intends to exercise the second one-year option and extend the term of the Contract through and including April 10, 2011. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Contract, the term of the Contract is hereby extended through and including April 10, 2011 on the same terms and conditions of the original contract. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: DEPUTY CLERK 1 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN C06-04-408 APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: LJFE SAFETY SYSTEMS, INC. 0 Print Name: ITEM NO. VI-E2 - - DATE: 1/26/10 I• ® - AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director wk SUBJECT: Amendment to Contract for the Purchase of Sign Posts, Sign Hardware and Sign Blanks BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 101004-4109-553100-400 Safety Markers and Signs PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the second amendment to Contract No. C07-03-128 with Universal Signs and Accessories, extending the contract through and including March 12, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) OTHER Approved 5-0 DENIED Coordination/Sicinatures CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB County Attorney ( X) r Budget Analyst (X) Dan McIntyre TaWonna Johnson Purchasing (X ) �- Road & Bridge (X) Ali v Melissa Simberlund ( lonalojPauley Office of Management & Budget/Purchasing R_ MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director rnw'� DATE: January 26, 2010 SUBJECT: Amendment to Contract for the Purchase of Sign Posts, Sign Hardware and Sign Blanks ITEM NO. VI-E2 Background: In 2007, St. Lucie County entered into a contract with Universal Signs and Accessories for the purchase of sign posts, sign hardware and sign blanks as needed. Universal Signs is located in Ft. Pierce and was the lowest responsive responsible bidder. The original contract term was for a period of two years. The contract allowed for two additional one-year renewal options. The first extension extended the contract through and including March 12, 2010. The second extension will extend the contract through and including March 12, 2011. With this renewal, these services will be bid near the end of calendar year 2010 for a new contract to be in place prior to March, 2011. The second amendment to contract C07-03-128 is attached. Previous Action: March 13, 2007 — BOCC approval of award of bid February 17, 2009 — First amendment to exercise the first renewal option Recommendation: Board approval of the second amendment to Contract No. C07-03-128 with Universal Signs and Accessories, extending the contract through and including March 12, 2011, and authorization for the Chairman to sign documents as approved by the County Attorney. -" 7 C07-03-128 SECOND AMENDMENT TO MARCH 13, 2007 CONTRACT BETWEEN ST. LUCIE COUNTY AND UNIVERSAL SIGNS AND ACCESSORIES THIS SECOND AMENDMENT, is made and entered into this day of 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and UNIVERSAL SIGNS AND ACCESSORIES, or his, its or their successors, executors, administrators, and assigns (the "Contractor"). WHEREAS, on March 13, 2007 the parties entered into a contract whereby the Contractor agreed to provide sign posts, sign hardware and sign blanks as needed to St. Lucie County; and WHEREAS, on February 17, 2009, the parties executed the first amendment to the contract exercising the first one-year renewal option whereby extending the contract through and including March 12, 2010; and, WHEREAS, the parties desire to further amend the Contract to exercise the second one- year renewal option. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 7. TERM shall be amended to read as follows: 7. TERM The term of this Contract shall be for a period of four (4) years, beginning on March 13, 2007 and continue through and including March 12, 2011. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIRMAN 1 "w. C07-03-128 APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: UNIVERSAL SIGNS AND ACCESSORIES BY: Print Name: CONSENT ( X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin rn, SUBMITTED BY: Office of Management & Budget/Purchasing Director ',1 WIW SUBJECT: Amendment to Contract for Processing and Recycling Yard Trash, Landscape Debris and Land Clearing Debris BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 401-3410-534000-3901 Other Contractual Services PREVIOUS ACTION: February 8, 2005 — BOCC approval of award of bid RECOMMENDATION: Board approval of the first amendment to Contract No. C05-02-096 with Thelin Recycling Company, L.P., extending the contract through and including March 31, 2013, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: I) APPROVED ( ) OTHER PULLED DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures , I OMB County Attorney (X) rr Budget Analyst Dan McIntyre Purchasing (X) Melissa Simberlund Solid Waste (X) (r TaWonhb Johnson i (X) Leo Cordeiro Office of Management - & Budget/Purchasing Ois- MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director VA DATE: January 26, 2010 SUBJECT: Amendment to Contract for Processing and Recycling Yard Trash, Landscape Debris and Land Clearing Debris ITEM NO. VI-E3 Background: In 2005, St. Lucie County entered into a contract with Thelin Recycling Company, L.P. for the processing and recycling of yard trash, landscape debris and land clearing debris as needed for the St. Lucie County Bailing and Recycling Facility. Thelin Recycling Company is located in Southlake, Texas and was the highest rank firm as the result of RFP # 05-017 and provided the lowest price for the processing services. The original contract term was for a period of five years. The contract allowed for one additional three-year renewal option. This extension will extend the contract through and including March 31, 2013. With this renewal, a new RFP will be done near the end of calendar year 2012 for a new contract to be in place prior to March, 2013. The first amendment to contract C05-02-096 is attached. Recommendation: Board approval of the first amendment to Contract No. C05-02-096 with Thelin Recycling Company, L.P., extending the contract through and including March 31, 2013, and authorization for the Chairman to sign documents as approved by the County Attorney. C05-02-096 FIRST AMENDMENT TO FEBRUARY 8, 2005 CONTRACT BETWEEN ST. LUCIE COUNTY AND THELIN RECYCLING COMPANY, L.P. THIS FIRST AMENDMENT, is made and entered into this day of 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and THELIN RECYCLING COMPANY, L.P., or his, its or their successors, executors, administrators, and assigns (the "Contractor"). WHEREAS, on February 8, 2005 the parties entered into a contract whereby the Contractor agreed to provide for processing and recycling services for yard trash, landscape debris and land clearing debris as needed for the St. Lucie County Baling and Recycling Facility; and WHEREAS, the parties desire to amend the Contract to exercise the three-year renewal option. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1 . Paragraph 6. TERM shall be amended to read as follows: 6. TERM The term of this Contract shall begin on April 1, 2005 and shall end on March 31, 2013. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: DEPUTY CLERK WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY THELIN RECYCLING COMPANY, L.P. BY: Print Name: ' ITEM NO. VI-E4 - - DATE: 1/26/10 -- -- AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Assignment of Contract for the Processing of Waste Tires BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 401-3410-534000-300 Other Contractual Services PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the assignment of Contract No. C05-11-692 from Florida Tire Recycling, Inc. to Liberty Tire Recycling, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (k� APPROVED ( ) OTHER Approved 5-0 CONCURRENCE: ( ) DENIED 11 Coordination/Sicinatures County Attorney ( X)'' Dan McIntyre �[ Purchasing (X) Y" � Melissa Simberlund Faye W. Outlaw, MPA County Administrator OMB Budget Analyst ( X) TaW onna�Johnson Solid Waste ( X)-� Leo Cordeiro Office of Management _-. & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director q � DATE: January 26, 2010 SUBJECT: Assignment of Contract for the Processing of Waste Tires ITEM NO. VI-E4 Background: In 2005, St. Lucie County entered into a contract with Florida Tire Recycling, Inc. for the processing of waste tires as needed for the St. Lucie County Bailing and Recycling Facility. Florida Tire Recycling is located in Port St. Lucie and was the lowest responsive responsible bidder. The original contract term was for a period of five years. The current term will expire on December 31, 2010. Florida Tire Recycling, Inc. has been acquired by Liberty Tire Recycling effective January 1, 2010. Liberty Tire Recycling will honor all contractual obligations, prices and continue to operate out of the Port St. Lucie location. The assignment of contract C05-11-692 is attached. Previous Action: November 22, 2005 — BOCC approved the award of bid December 9, 2008 — First amendment extending the contract through December 31, 2010 Recommendation: Board approval of the assignment of Contract No. C05-11-692 from Florida Tire Recycling, Inc. to Liberty Tire Recycling, and authorization for the Chairman to sign documents as approved by the County Attorney. C05-1 1-692 ASSIGNMENT OF CONTRACT BY AND BETWEEN ST. LUCIE COUNTY AND FLORIDA TIRE RECYCLING, INC. THIS ASSIGNMENT OF CONTRACT is entered into this day of , 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County") and FLORIDA TIRE RECYCLING, INC. ("Assignor"), and LIBERTY TIRE RECYCLING ("Assignee"). WITNESSETH: WHEREAS, the County and Assignor entered into a Contract, for the processing of waste tires (hereinafter referred to as the "Contract"); and WHEREAS, Assignee has acquired Assignor, which will continue to provide all of the services in the Contract; consequently, Assignor has agreed to assign the Contract, to Assignee and the County has agreed to approve the assignment. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the County, the Assignor and the Assignee hereby covenant and agree to as follows: 1. Assignment of Contracts. Assignor hereby assigns to Assignee all of its rights, duties, liabilities and obligations as specifically set forth in the Contract, incorporated herein by this reference. 2. Assumption of Contracts. Assignee hereby agrees to assume, perform and discharge all duties, liabilities and obligations of Assignor as set forth in the Contract. 3. Approval of the Assignment. The County hereby approves the assignment of the Contract, from the Assignor to the Assignee. 4. Effective Date. This Assignment shall be effective as of January 1, 2010. 1 C05-1 1-692 IN WITNESS WHEREOF, the County, Assignor and Assignee have each caused this Assignment to be executed by their duly elected and authorized officers as of the date and year first above written. ATTEST: Deputy Clerk WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: County Attorney ASSIGNOR: FLORIDA TIRE RECYCLING, INC. By: Print Name: Print Title: ASSIGNEE: WITNESSES: LIBERTY TIRE RECYCLING By: Print Name: Print Title: VA A 9675 Range Line Road ` LibertyPort Saint Lucie, FL 34987 10014 TIRE RECYCLING Ph (800) 869-9117 Fx (772) 489-2124 Dear Valued Florida Tire Recycling Customer As a valued and important customer of Florida Tire Recycling (FTR), I would like to inform you that FTR has been acquired by Liberty Tire Recycling (LTR) effective January 1, 2010. We believe that this transaction will ultimately benefit your business both in the short and long terms by enhancing our ability to service your needs and requirements; as well as, to tender additional value-added offerings. LTR will continue to honor all contractual obligations with there being no anticipated disruption in service and thus no action is required on your part. It is LTR's intended goal, through the combination of all its resources and its focus and commitment to "Recycling for Most Beneficial Use", to enhance the delivery of your current. tire collection services and to support your long-term business goals by offering additional unique/customized service solutions. Specifically, LTR will strive to facilitate the following: • Control Collection Costs: Both In the Short and Long Term • Improve Existing Collection Services: On -Time Reliability/Frequency • Manage Product Life Cycles More Effectively: Closed -Loop Opportunities/Zero-Landfilling • Get Ahead of Recycling and Environmental Initiatives: Lower Carbon Footprint/Carbon Credits Our pledge to you is to: Enhance your overall tire collection service experience through greater service consistency, superior account management interaction, increase professionalism, leveragability of LTR's reputation as the market leader in environmental stewardship and an increase in value-added solutions. If you have any questions or would like to speak to an account manager, please do not hesitate to contact us at 772- 465-0477. We look forward to continue to provide you with collection services Best Regards, Jack Wilson V ice Uberty / TIRE RECYCLIN NOTICE — Effective Immediately: 9675 Range Line Road Port Saint Lucie, FL 34987 Ph (800) 869-9117 Fx (772) 489-2124 Please be informed that effective January 1, 2010, Florida Tire Recycling (FTR) was acquired by Liberty Tire Recycling, LLC (LTR); and as such, all further remittance should be payable to: Liberty Tire Recycling, LLC 9675 Range Line Road Port St. Lucie, FL 34987 ITEM NO. VI-E5 DATE: 1 /26/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin M SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Amendment to Contract for Residential Real Estate Title Services BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001512-6420-549605-600 Domestic Subsidy 189100-6420-549605-600 Domestic Subsidy 001113-6420-549605-600 Domestic Subsidy PREVIOUS ACTION: April 28, 2009 — BOCC approval award of bid (X) RECOMMENDATION: Board approval of the first amendment to Contract No. C09-04-204 with St. Lucie Title Services, Inc. extending the contract through and including April 27, 2011 and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (�() APPROVED ( ) DENIED ( } OTHER Approved 5-0 /11�a Coordination/Signatures County Attorney ( X) ,�z Dan McIntyre j Purchasing ( X) I [;j Melissa Simberlund CONCURRENCE: Faye W. Outlaw, MPA County Administrator Budget Analyst ( X ) Sophia Holt Community Serv. ( X) T� Beth Ryder Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioner, FROM: Marie M. Gouin, Director DATE: January 26, 2010 SUBJECT: Amendment to Contract for Residential Real Estate Title Services ITEM NO. VI-E5 Background: On December 1, 2008, the Florida Department of Community Affairs (DCA) submitted its Neighborhood Stabilization Program Amendment to the United States Department of Housing and Urban Development (HUD) in response to their statewide allocation of $91.14 million. DCA allocated $3,984,601 to St. Lucie County. The program requires that the funding be used within 18 months from the date of the contract between DCA and HUD to address foreclosed and abandoned properties in the areas of greatest need throughout the unincorporated areas of the County. These funds may be used for residential appraisal services, residential home inspectors, residential real estate title services, homebuyer education providers, contractors and program proposals from community partners. In 2009, St. Lucie County entered into a contract with St. Lucie Title Services, Inc. to provide residential real estate title services. St. Lucie Title is located in Ft. Pierce and was the only firm to respond to RFP No. 09-025. The initial term was fora period of one-year and will expire on April 27, 2010. The contract allows for two additional one-year renewal periods. The first amendment to contract C09-04-204 is attached. Recommendation: Board approval of the first amendment to Contract No. C09-04-204 with St. Lucie Title Services, Inc. extending the contract through and including April 27, 2011 and authorization for the Chairman to sign documents as approved by the County Attorney. C09-04-204 FIRST AMENDMENT TO APRIL 28, 2009 CONTRACT BETWEEN ST. LUCIE COUNTY AND ST. LUCIE TITLE SERVICES, INC. THIS FIRST AMENDMENT, is made and entered into this day of , 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and ST. LUCIE TITLE SERVICES, INC., or his, its or their successors, executors, administrators, and assigns (the "Consultant") WHEREAS, on April 28, 2009 the parties entered into a contract whereby the Consultant agreed to provide residential real estate title services on an as -needed basis; and WHEREAS, the parties desire to amend the Contract to exercise the first one-year renewal option. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 2. TERM shall be amended to read as follows: 2. TERM The Consultant shall be available to commence services on this continuing contract on an "as required" per assignment basis commencing on April 28, 2009 for a period of two (2) years with the option of a one-year extension. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ME DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY C09-04-204 WITNESSES: ST. LUCIE TITLE SERVICES, INC. BY: Print Name: ITEM NO. VI-F = DATE: 01 /26110 S AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana D. Lewis SUBMITTED BY: Airport Airport Director SUBJECT: Wetland Mitigation Area Monitoring BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140135-4220-563005-48006 Infrastructure/Cons. Eng. FAA grant 140335-4220-563005-48006 Infrastructure/Cons. Eng. FDOT grant PREVIOUS ACTION: July 8, 2008- LPA Work Authorization No.11 for initial exotics removal. September 16, 2008 -Work Authorization No.13 for $352,251.50 for 150 acre mitigation enhancements to meet permit conditions. February 3, 2009- Work Authorization No. 16 for the periodic monitoring and reports required by the permitting agencies. September 15, 2009 — Work Authorization No. 23 second year maintenance of the 150 acre mitigation area for $144,131. RECOMMENDATION: Board approval of LPA Group Work Authorization No. 25 to provide consultant services for the second annual wetland mitigation area monitoring for a lump sum amount of $37,913.50 and authorization for the Chairman to sign the document as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (k) APPROVED ( ) DENIED ( ) OTHER — �--� Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney ( ) OMB Director os-n Budget Analyst hh'' Da iel McIntyre Marie Gouin Heather Young Patty Marston i Purchasing ( ) L ERD ( ) Melissa S mberlund (Name) t 4 AIRPORT MEMORANDUM TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Direc�- DATE: January 26, 2010 SUBJECT: Wetland Mitigation Area Monitoring ITEM NO. VI-F Background: In order to construct the new runway and taxiway, the permitting processes with the South Florida Water Management District (SFWMD), Army Corps of Engineers (ACOE), and the US Fish and Wildlife Service (FWS) required that over 120 acres of land be set aside for mitigation of impacted wetlands and protected species. Certain improvements were also required to improve the habitat in this area, including exotics removal, planting wetland plants, filling in ditches, and other activities as outlined in a mitigation plan that was approved by the agencies. Monitoring reports are required by the agencies on a periodic basis to document improvements. This work authorization will provide consultant services for monitoring required after 18 months and 24 months to ensure continued permit compliance. The Federal Aviation Administration grant for the new runway project included 95% funding for a mitigation costs of up to $594,543 to meet permit requirements over the first two years. The Florida Department of Transportation also provided a 2.5% matching grant and the local match for this project was already budgeted when the grant was originally accepted in FY 2008. The costs for this work authorization will utilize these funds. Recommendation Board approval of LPA Group Work Authorization No. 25 to provide consultant services for the second annual wetland mitigation area monitoring for a lump sum amount of $37,913.50 and authorization for the Chairman to sign the document as approved by the County Attorney. WORK AUTHORIZATION NO. 25 CONTRACT C07-04-213 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the _ day of , 2010, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and THE LPA GROUP INCORPORATED, hereinafter referred to as the "Consultant'. WITNESSETH: WHEREAS, on April 3, 2007, the County entered into a Consulting Agreement (Contract No. C07-04-213) 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: PROJECT: The County has determined that it would like to complete a project described below: St. Lucie County International Airport — Runway 90L-28R - Second Annual Wetland Mitigation Area Monitoring (hereinafter referred to as "the Project'.) 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 (C07-04-213). 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 project schedule, which is made a part of this work authorization and incorporated herein Page 1 of 2 a Hydrologic data from the six (6) staff gauges will be recorded in a field book or on a hydrologic monitoring form Assumptions: 1. The CLIENT will provide security clearance, access, and escort to the project area. 2. The permit requires a twice -a year monitoring event and an annual report for the first three (3) years from the completion of all the enhancements. 3. The vegetation survey will consist of up to fifteen (1 S) transects. TASK 2. TWENTY-FOURTH MONTH MONITORING LPA will perform a vegetation survey at each transect that will consist of the following: l . Plant species identification, and an estimate of cover for each plant species; 2. Estimate of overall native species cover; 3. Estimate of overall exotic species cover; and 4. Other observed conditions such as the presence of trash and debris, fish, tadpoles, or the presence or lack of wetland hydrology. Field observations will be recorded in a field book or on a mitigation monitoring form. Observations of wildlife tracks, scat, dens, or other indicators of wildlife occurrence will also be noted. Photographs of the project area will be taken at nineteen (19) permanent stations to record existing project area conditions prior to the commencement of restoration and enhancement activities. Hydrologic data from the six (6) staff gauges will be recorded in a field book or on a hydrologic monitoring form Assumptions: 1. The CLIENT will provide security clearance, access, and escort to the project area. 2. The maximum number of transects necessary to document the progress of the installed plants is fifteen (15). TASK 3. SECOND ANNUAL MONITORING REPORT PREPARATION LPA will prepare a Second Annual Wetland Mitigation Monitoring Report that will consist of the following chapters: 1. Introduction St. Lucie County FPR Task No. Page 2 of 4 St. Lucie County International Airport December 22, 2009 Runway IOL/28R Second Annual Wetland Mitigation Area Monitoring 2. Methods 3. Results 4. Summary/Conclusion 5. References — list of literature used 6. Appendix A - Completed Field Monitoring Forms 7. Appendix B - Photo Station Photos 8. Appendix C — Other Photos The summary and conclusion will include a comparison of the monitoring results with the baseline and Year One data. Assumptions: 1. One (1) copy of the Second Annual Wetland Mitigation Monitoring Report will be forwarded to the St. Lucie County Environmental Resource Department (ERD), SFWMD, and the United States Army Corps of Engineers (COE). TASK 4. AGENCY AND CLIENT COORDINATION LPA will coordinate, schedule and attend a total of two (2) meetings with representatives from COE, SFWMD, and ERD to perform an on -site evaluation of the project area. LPA will coordinate all project activities with the CLIENT and prepare monthly progress reports. Assumptions: 1. A representative of the CLIENT will attend the ERD, SFWMD, and COE field meetings. DELIVERABLES Five (S) copies of the Second Annual Monitoring Report, three (3) of which will be forwarded to the CLIENT (includes ERD's copy), one (1) to SFWMD, and one (1) to COE. One (1) CD containing files of the Report in portable document format (pdj). COST ESTIMATE Exhibit B provides for all activities and expenses necessary to complete the outlined Scope of Work. Actual billing will be lump sum based upon a percent complete of the project in accordance with the Master Agreement between LPA and the CLIENT. St. Lucie County FPR Task No. Page 3 of 4 St. Lucie County International Airport December 22, 2009 Runway 1 OL/28R Second Annual Wetland Mitigation Area Monitoring ITEM NO. VI-G Cou NTy , F L O R I D A TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: AGENDA REQUEST DATE: 01 /26/2010 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Brillhart 146 Growth Management Department Capital Improvements Manager Road Impact Fee Credit Agreement 10-001, Dogs and Cats Forever, Inc. See attached memorandum. N/A April 7, 2009 - Board of County Commissioners adopted Resolution No. 09-107 for dedication of right-of-way along Selvitz Road. RECOMMENDATION: Board approval of Road Impact Fee Credit Agreement 10-001 and authorization for the Chairman to sign document as approved by the County Attorney. COMMISSION ACTION: () APPROVED ( ) ( ) OTHER Approved 5-0 DENIED r CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) County Surveyor ( ) '6�// Daniel S. McIntyre Ron Harris County Engineer ( ) r ERD ( ) Mi�el PowlePowle Originating Dept. ( ) Mark Satterlee Karen Smith GROWTH MANAGEMENT DEPARTMENT COUNTY```` F L O R I D A TO: Board of County Commissioners MEMORANDUM THROUGH: Mark Satterlee, AICP, Growth Management Dir FROM: Michael Brillhart, Capital Improvements Manage�Wg DATE: January 26, 2010 SUBJECT: Road Impact Fee Credit Agreement 10-001, Dogs and Cats Forever, Inc. ITEM NO. VI-G Background: On April 7, 2009, the Board of County Commissioners adopted Resolution No. 09-107 (attached) approving the dedication of 6,176 square feet (10' width x 617.6' length) of right-of-way along Selvitz Road in consideration for the Conditional Use permit granted by the Board on December 12, 2008 for the operations of the Dogs and Cats Forever, Inc. kennel facility. Team Parks, as agent for Dogs and Cats Forever, has requested road impact fee credit based upon the right-of-way donation as reflected in the December 3, 2009 memo to the County (attached). County staff has determined that the right-of-way donation is eligible for credit against road impact fees as stipulated within Section 1-17-33.1(c) of the Code of Ordinances of St. Lucie County. The value of the property donated to the County is $6,670.08 which is 120% of the most current assessed valuation as determined by the St. Lucie County Property Appraiser's Office. The actual road impact fee for the kennel facility is $4,476.77. Dogs and Cats Forever, Inc. is eligible for Road Impact Fee Credit in the amount of $4,476.77 Recommendation: Board approval of Road Impact Fee Credit Agreement 10-001 and authorization for the Chairman to sign document as approved by the County Attorney. y RIF 10-001 A ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE COUNTY, FLORIDA AND DOGS AND CATS FOREVER, INC., IN CONSIDERATION FOR THE DONATION OF RIGHT-OF-WAY ALONG SELVITZ ROAD. THIS AGREEMENT is made and entered into as of this 26th day of January, 2010, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "St. Lucie County" and DOGS AND CATS FOREVER, INC., a Florida Non Profit Corporation, hereinafter referred to as "Dogs and Cats Forever." WITNESSETH: WHEREAS, on April 7, 2009, Dogs and Cats Forever dedicated to St. Lucie County, through Resolution No. 09-107 recorded in the Public Records of St. Lucie County, certain property representing 6,176 square feet, more or less, for the future widening of Selvitz Road, as further described in the attached Exhibit "A" (the "Dedication"), on which it is developing a project to be known as Dogs and Cats Forever, Inc. and, WHEREAS, St. Lucie County has adopted a "Roads Impact Fee Credit Ordinance" which imposes impact fees relating to public transportation facilities; and, WHEREAS, Section 1-17-33.1(c) of the Code of Ordinances of St. Lucie County provides for credits for the donation of non -site related right-of-way on those roadways that are a part of the County's Roads Impact Fee Eligibility network; and, WHEREAS, Selvitz Road is part of St. Lucie County's Road Impact Fee Eligibility network; and, WHEREAS, based on the provisions of Section 1-17-33.1(c) of the Code of Ordinances of St. Lucie County, the amount of the right-of-way donation that is eligible for consideration of road impact fee credit is: 4 476.77 WHEREAS, Dogs and Cats Forever is desirous of establishing the amount of Credit that Dogs and Cats Forever shall be entitled to for the right-of-way donation. NOW, THEREFORE, in consideration of the mutual covenants entered into to be made and performed, and in consideration of the benefits to accrue to agreed as follows: SASHARED\BRILLHART\IMPACT FEE CREDITS\DOGS AND CATS FOREVER\ROAD IMPACT FEE CREDIT AGREEMENT (3).DOCX(xys 1 o� 3 C Section 1. Incorporation by Reference. The above recitals are true and correct and made a part of this Agreement by reference. Section 2. Amount of Credit. Dogs and Cats Forever is entitled to a credit against Road Impact Fees in the amount of Four Thousand Four Hundred Seventy Six and 77/100 ($4,476.77) Dollars under the criteria set forth in Section 1-17-33.1(c) of the Code of Ordinances of St. Lucie County for the donation of right-of-way along Selvitz Road. Section 3. Limitation of Credit. The credit established by this Agreement is limited solely to the property legally described in the attached Exhibit "A", and is not transferable to any other property owned by Dogs and Cats Forever in St. Lucie County. The credit may only be applied against Road Impact Fees and shall not be transferable as a credit against other impact fees imposed for purposes other than roads. Section 4. Assignability of Credit. Dogs and Cats Forever may assign all or part of the credit described in Section 2 above to its successors in title and interest to the property described in Section 3 above. Such assignment shall be by recordable written instrument. Before the assignment is effective, a copy of the assignment shall be provided by Dogs and Cats Forever to St. Lucie County, at the address set forth below and the original assignment shall be recorded in the Public Records of St. Lucie County: County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 Section 5. Recordability of Agreement. with a copy to: County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 This Agreement shall be recorded by St. Lucie County in the Public Records of St. Lucie County and shall be binding upon Dogs and Cats Forever and any successors in interest and title to the property described in Section 3 above. Section 6. Termination of Agreement. This Agreement shall be effective until all of the Road Impact Fee credits authorized under Section 3 have been consumed through the issuance of a building permit, or similar development approval. SASHARED\BRILLHART\IMPACT FEE CREDITS\1)065 AND CATS FOREVER\ROAD IMPACT FEE CREDIT AGREEMENT (3).DOaktye 2 oO 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Signed, sealed and delivered in the presence of: ATTEST: Deputy Clerk WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS By: County Attorney DOGS AND CATS FOREVER, INC. a Florida Non Profit Corporation By: Name: Title: SASHARED\BRILLHART\IMPACT FEE CREDITS\DOGS AND CAT5 FOREVER\ROAD IMPACT FEE CREDIT AGREEMENT (3).DOMys 3 o$ 4 ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF ST. LUCIE BEFORE ME, the undersigned authority, personally appeared , and is authorized to sign and execute the above Agreement and that the representations above stated are true and correct to the best of his/her knowledge, information, and belief. SWORN TO AND SUBSCRIBED before me this 26th day of January, 2010. Notary Public, State of Florida My Commission Expires: SEAL 5:\SHARED\BRILLHART\IMPACT FEE CREDITS\DOGS AND CATS FOREVER\ROAD IMPACT FEE CREDIT AGREEMENT (3).D0Q2aye 4 oo 4 Exhibit A e RESOLUTION NO.09-107 A RESOLUTION ACCEPTING A CORPORATE WARRANTY DEED IE COUNTY, ON SEL IITZ ROAD ON BEHALF OF ST. LUC BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: eed is duly accepted on behalf of St. Lucie The foregoing Corporated Warranty D County this 71h day of April, 2009. ATTEST: BOARD OF COUNTY COMNIISSIONERS ST. LUCIE COUNTY, FLORIDA BY: ' CHAI APPROVED AS TO FORM AND CORRECTNESS: COUNTY AT6'0EY S:UCQ\Wp\Right of Way Donations\Dog and Cats Forever\Reso1o6on.wpd JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY This InstrttmenI was prepared Incident to FILE Y 3333080 04/14/2009 at 10 43 AM - OR BOOK 3079 PAGE 9 - 12 Doc T the issuance of a title insurance contract, RECORDING $35.50 YPa DEED and is to be returned to Sharon Evans, an employee of Liberty Title Company of America, Inc., 10006 South Federal Highway Port St. Lucie, Florida 34952 File No. SL-09-0066 Corporate Warranty Deed This Indenture, made S day of March, 2009, A.D. between Dogs and Cats Forever, Inc., a Florida non profit corporation, whose post office address is 2012 Laurel Oak Lane, Palm City, FL 34990, a corporation existing under the laws of the State of Florida, Grantor, and St Lucie County, a political subdivision of the State of Florida, whose post office address is 2300 V irg;n;a Avenue, Fort Pierce, FI 34982, Grantee, W itnesseth, that the said Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00), to it in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to die said Grantee forever, the following described land, situate, lying and being in the County of St Lucie, State of Florida, to wit: A parcel of land lying in the SW 1/4 of the SW 1/4 of the SW 1/4 of Section 32, Township 35 South, Range 40 East, St Lucie County, Florida, being more particularly described as follows: For a point of reference, commence at the Southwest Corner of said Section 32, thence North 00 04'38" East, along the West line of said Section 32, a distance of 46.17 feet, thence South 89 55'22" East, a distance of 50.00 feet to the Point of Intersection of the East Right-of-way of Selvitz Road with the North Right-of-way line of North SL Lucie River Water Control District Canal No. 102 and the Point of Beginning. Thence North 00 04138" East, along said East Right-of-way line of Selvitz Road, a distance of 617.58 feet,: thence North 89 55' 13" East, a distance of 10.00 feet: thence South 00 04'38" West, a distance of 617.58 feet to a point on the North Right -of -Way line of North St Lucie River Water Control District Canal No. 102: Thence South 89 53'03" West, along said North Right -of-way line, a distance of 10.00 feet to the East Right-of-way line of Selvitz Road and the point of Beginning. SEE ATTACHED EXHIBIT "DESCP=ION" SUBJECT TO covenants, restrictions, easements ofrecord and taxes for the current year. Parcel Identification Number: cut out of parcel to be established And the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. In Witness Whereof, the said Grantor has caused this instrument to be executed in its name by its duly authorized officer and caused its corporate seal to be affixed the day and year first above written. Signed and Sealed in Our Presence: State of Florida County of St. Lucie Dogs a d Cats Forever, Inc By: \ Johanna Apicella Its: President (Corporate Seal) The foregoing instrument was acknowledged before me this I Ir day of Marc , by Johanna Apicella, as President of Dogs and Cats Forever, Inc., a non profit corporation existing under the laws of State of Flo 'da, on behalf of the corporation, who is/are either personally known to me or who has produced identification sufficient chara er so a individual(s) with reasonable certainty; and who did not take an oath.. No ublic Print Name: TypeX identification (Check One): SHARONA.E��-�7{ Drivers License .f/COMMISSION IDD7678441 _ Passport EXPIRES' May23,2012 Government (State or Federal ID Card �,x p,.p BvuWTw i�bryPc htler•" art DESCRIPTION A PARCEL OF LAND LYING IN THE SW 1 /4 OF THE SW 1 /4 OF THE SW 1 /4 OF SECTION 32, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 32; THENCE NORTH 00'04'38" EAST, ALONG THE WEST LINE OF SAID SECTION 32, A DISTANCE OF 46.17 FEET; THENCE SOUTH 89'55'22" EAST, A DISTANCE OF 50.00 FEET TO THE POINT OF INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF SELVITZ ROAD WITH THE NORTH RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 102 AND THE POINT OF BEGINNING. THENCE NORTH 00`04'38" EAST, ALONG SAID EAST RIGHT-OF-WAY LINE OF SELVITZ ROAD, A DISTANCE OF 617.58 FEET; THENCE NORTH 89`55'13" EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 00°04'38" WEST, A DISTANCE OF 617.58 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 102; THENCE SOUTH 89°53'03" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 10.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF SELVITZ ROAD AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 6,176 SQUARE FEET, MORE OR LESS. SURVEY NOTES 1. THE EAST RIGHT-OF-WAY LINE OF SELVITZ ROAD BEARS NORTH 00°04'38" EAST, AS MONUMENTED, AND ALL BEARINGS SHOWN ARE RELATIVE THERETO. 2. THERE MAY BE ADDITIONAL RESTRICTIONS, EASEMENTS AND COVENANTS RECORDED IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. NO TITLE WORK WAS PROVIDED OR REVIEWED AS PART OF THE PREPARATION OF THIS SKETCH. PREPARED BY: /1z /07 RICHARD C. LAVENTURE DATE FLORIDA PROFESSIONAL LAND SURVEYOR # 5209 REVISIONI DES DATE REF. JOB N0. DRAWN BY DATE SURVEY NO, 08.1067 MWH 1/12/09 08.1067 F.B.,PG. CALCULATED BY SCALE SHEET NO. N/A RCL 1"=100' 1 OF 2 LIM 0 6 2009 THIS IS NOT A SURVEY. SKETCH OF DESCRIPTION 10' RIGHT-OF-WAY DEDICATION PREPARED FOR DOGS AND CATS FOREVER LAVENTURE & ASSOCIATES, INC. PROFESSIONAL SURVEYING AND MAPPING 1840 SE Port St. Lucie Blvd. Port St. Lucie, Florida 34952 LB 7056 (772) 398-6430 Phone (772) 398-6426 Fax z UNPLATTED Z N89'55'1 YE ACREAGE r-10.00' A SCALE : 1"=100' LEGEND o POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT ICJ R/W = RIGHT-OF-WAY CD o FND = FOUND � I I RR = RAIL ROAD J NSLRWCD = NORTH ST. LUCIE RIVER Lli I I WATER CONTROL DISTRICT (n S00'04'38"W 617.58' N00'04138"Ej OF 617.58' I I) WEST LINE I I SECTION 32, TOWNSHIP 35 SOUTH, RANGE 40 EAST II 10' R/W DEDICATION SW 1 /4 OF SW 1 /4 OF SW 1 /4 SECTION 32 GEC Os 2009 S89'55'22"E 50.00 I I S89'53003"W 10.00' R/W LINE I _ R/W LINE POB DEVINE ROAD NORTH R/W LINE N00'04'38"E OF NSLRWCD CAN No.102 46.1'3 31 32 (UNDEFINED R/W) 6 SOUTH LINE POC SECTION 32, TOWNSHIP 35 SOUTH, THIS IS NOT A SURVEY. FND RR SPIKE REVISION DESCRIPTION DATE REF. JOB NO. DRAWN BY DATE SURVEY N0. 08.1067 MWH 1/12/09 08.1067 F.B.,PG. ALCULATED BY SCALE SHEET NO. N/A RCL 1"=100' 2 OF 2 RANGE 40 EAST SKETCH OF DESCRIPTION 10' RIGHT-OF-WAY DEDICATION PREPARED FOR DOGS AND CATS FOREVER LAVENTURE & ASSOCIATES. INC. PROFESSIONAL SURVEYING AND MAPPING 1840 SE Port St. Lucie Blvd. Port St. Lucie, Florida 34952 LB 7056 (772) 398-6430 Phone (772) 398-6426 Fax ,Property Appraiser - St.Lude County, >~L PROPERTY RECORD CARD Page Dogs and Cats Forever Inc Record! 1 of 1 <<Prev Next» Spec.Assmnt Taxes Exemptions Permits Home Print Property Identification Site Address: TBD ParcellD: 2432-333-0001-000 3 �VUCIECO �4 Sec/Town/Range: 32 :35S :40E Account #: 33001 �P Map ID: 24/31S Land Use: UNCLSFD ACRG Zoning: AR-1 City/Cnty: St Lucie County Ownership and Mailing Owner: Dogs and Cats Forever Inc Address: PO Box 880043 Port St Lucie FL 34987 Sales Information Date Price Code Deed 11/3/2008 499000 00 WD 8/18/2003 100 04 WD 8/18/2003 200000 04 WD 1/1/1900 0 No Sketch Available Legal Description 32 35 40 SW 1/4 OF SW 1/4 OF SW 1/4-LESS RD R/W AND LESS ADDL RD R/W IN OR 3079-9- (8.48 AC) (OR 304 More... Assessment 2009 Final Total Land and Building Book/Page 2009 Final: 339200 Land Value: 339200 Acres: 8.48 3046 / 0054 Assessed: 339200 Building Value: 0 1786 / 2112 Ag.Credit: 0 Finished Area: 0 SgFt 1786 / 2110 Exempt: 339200 / Taxable: 0 Taxes: 0 BUILDING INFORMATION No Image Available Exterior Features View: RoofCover: RoofStruct: ExtType: YearBlt: Frame: Grade: EffYrBlt: PrimeWall: StoryHght: No.Units: SecWall: Interior Features BedRooms: Electric: PrmintWall: FullBath: HeatType: AvgHdFl: 12Bath: HeatFuel: Prm.Flors: `�,AIC: %Heated: `r Sprinkled: Special Features and Yard Items Land information Type Y/S Qty. Units Qual. Cond. YrBlt. No. Land Use Type Measure 1 9900-UNCLSFD ACRG 545 -Acres 8.48 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED DEC 0 8 2009 Depth http://www.paslc.org/prc.asp?prclid=243233300010003 12/3/2009 TEAM PARKS December 3, 2009 Michael Brillhart St. Lucie County Growth Management 2300 Virginia Ave. Fort Pierce, FL 34982 Re: Dogs & Cats Forever 4600 Selvitz Road, Ft. Pierce Dear Michael, Please accept this letter as a request to receive impact fee credits for the Dogs & Cats Forever project located at 4600 Selvitz Road. Per you request, attached is a survey, the 2009 assessment of the property and information on the right-of-way off Selvitz Road. If you need any additional information from us in order to obtain this credit, please let us know. We can be reached at 772-781-1616. Thank you, Ryan Strom Vice President GEC 0 8 2009 3481 SE Willoughby Blvd. Suite 102 Stuart, Florida 34994 P: (772) 781-1616 F: (772)781-0620 www.TeamParksInc.com ITEM NO. VI-H1 DATE: 1 /26/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Corine C. Williams/ SUBMITTED BY: Community Services/Transit Division Transit Manager, SUBJECT: Acceptance of Federal Transit Administration (FTA) 5311 Operations Grant BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 130107-4910-331421-400 Florida Department of Transportation PREVIOUS ACTION: January 12, 2010 — Adopted Resolution 10-023 to apply for FTA 5311 grant. RECOMMENDATION: Board acceptance of FTA 5311 Joint Participation Agreement with FDOT; approval of Budget Resolution 10-042 and sub agreement with Council on Aging of St. Lucie Inc; and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( APPROVED ( ) ( ) OTHER Approved 5-0 DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) 1�� 4 OMB Director Daniel . McIntyre Budget Analyst �j Originating Dept. Beth Ryder Marie Gouin Sophia Holt ITEM NO. VI-H1 DATE: 1 /26/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Corine C. Williams SUBMITTED BY: Community Services/Transit Division Transit Manager, SUBJECT: Acceptance of Federal Transit Administration (FTA) 5311 Operations Grant BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 130107-4910-331421-400 Florida Department of Transportation PREVIOUS ACTION: January 12, 2010 — Adopted Resolution 10-023 to apply for FTA 5311 grant. RECOMMENDATION: Board acceptance of FTA 5311 Joint Participation Agreement with FDOT; approval of Budget Resolution 10-042 and sub agreement with Council on Aging of St. Lucie Inc; and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( APPROVED ( ) ( ) OTHER Approved 5-0 CONCURRENCE: DENIED r Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) p .11 OMB Director Daniel . McIntyre Budget Analyst Originating Dept. Beth Ryder i Marie Gouin Sophia Holt Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director i FROM: Corine C. Williams, Transit Manager DATE: January 26, 2010 SUBJECT: Acceptance of Federal Transit Administration (FTA) 5311 Operations Grant ITEM NO. VI-H 1 Background The Section 5311 Non -Urbanized Area Formula Program provides Federal operating or capital assistance to eligible recipients who operate/contract public transportation services for non -urbanized rural and small urban areas. This grant is awarded to St. Lucie County by the Florida Department of Transportation (FDOT) in the amount of $60,304. A local match of $60,304 is required and will be funded from various eligible transit grant sources. This grant is a multi -year Joint Participation Agreement (JPA), which will be awarded annually for five years to assist with operating the local transit services in the non -urbanized areas. By contract, St Lucie County will award a sub agreement to the Council on Aging of St. Lucie Inc., (COASL) the local transit provider for the demand response services. Recommendation Board acceptance of FTA 5311 JPA with FDOT; approval of Budget Resolution 10-042 and sub agreement with Council on Aging of St. Lucie Inc.; and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: FDOT Agreement Budget Resolution 10-042 COASL Sub agreement RESOLUTION NO. 10-042 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 Federal Transit Administration Grant in the amount of $60,304. 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 26'h day of January, 2010, 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 130107-4910-331421-400 APPROPRIATIONS 130107-4910-582015-400 Federal Transit Administration Council on Aging After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chairman XXX Commissioner Doug Coward, Vice Chairman XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED THIS 26T" DAY OF JANUARY 2009. $60, 304 $60, 304 ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY STATE OF FLORDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 72"30-06 PUBLIC TRANSPORTATION 0M0T Financial Project No.: Fund: DU FLAIR Approp.: 08877A 407185-1-84-06 Function: 680 FLAIR Obj.: 79004 (iteT-segment-phsso-sequ6nc6) Federal No.: FL_JA-x028-0 Org. Code: 55042010429 Contract No.: DUNS No.: 80-939-7102 1 vendor No.: F596000835079 CFDA Number: 20.509 _ CSFA Number N/A THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St Lucie County Board of County Commissioners 437 North 7th Street FortPierce. FL 34950 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before 12131 /2014 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. WITNESSETH: WHEREAS, the11 Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 341 Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement The purpose of this Agreement is To provide operating assistance to St. Lucie County Board of County Commissioners for a non -urbanized area Public Transportation system as authorized under Section 5311 of the Federal Transit Administration's Section 18 Program, 49 U.S.C. 5311. and as further described in Exhibit(s) A.B.C.D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. Pape I of t4 rns-030- t PUBUC TRANSPORTATION 0"? 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, into this notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions in t Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect of matters so requisite. any such 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost The total estimated cost of the project is $ 120.608.00 _. This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 60,304.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & 8) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding ❑ is 0 is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4,00. 5.00 Retainage : Retainage O is 0 is not applicable. If applicable, _Q percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. P"mi oft 725030.06 PUBLIC TRANSPORTATION OW7 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Departments program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account'. Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as 'project funds". The Agency shall require depositories of project funds to secure continuously and fully ail project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. Papa 3 of 14 725-03045 PUBLIC rRANSPCRTATION 011417 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedurestprocesses deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part 1, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part 11 State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Pope 4 of 14 725.030-00 PUBLIC TRANSPORTATION 0"? Part III Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Section 7.622 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: 3400 West Commercial Boulevard, Fort Lauderdale B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133. 3400 West Commercial Boulevard, Fort Lauderdale 2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133. the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: 3400 West Commercial Boulevard, Fort Lauderdale In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, and any management Setters issued by the auditor, to the Department at each of the following addresses: 3400 West Commercial Boulevard, Fort Lauderdale Pepe S of 14 723-030-06 PUBLIC TRANSPORTATION 0SA7 Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: 3400 West Commercial Boulevard, Fort Lauderdale B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: 3400 West Commercial Boulevard, Fort Lauderdale 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.66 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. Pqa of 14 725-030-06 PUBLIC TRANSPORTATION COW 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 West Commercial Boulevard Fort Lauderdale FL, 33309-3421 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Deparbnenra Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit'B." 6.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. Pape 7 of 725-03045 PUBLIC TRANSPORTATION 05W 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department Offsetting amounts shall not be considered a breach of contract by the Department. 2.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation In the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119. F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permltthe , Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase Of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. P-W 5 of 14 725-030.06 PUBLIC TRANSPORTATION 00IP/ 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 OBE Policy: it is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title Vill - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title Vill of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, at. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. Page 11 011 ns-maos PUBLIC TPANSPORTATION Beio7 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officers, directors or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officers, directors or employee's spouse or child, or any combination of them, has a material interest. "Material Interest' means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shalt exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. Pepe 10 of 14 72"30-05 PUBLIC rRANSPORTArION 0"? 14.70 Use and Maintenance of Project Facilities and Equipment The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. Pape 11 of 14 725-0340E PUBLIC TRANSPORTATMN NOV 17.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before 12/31/2014 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. Pap* 12 of 14 725-030-M PUBLIC TRANSPORTATION 06W 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. Pipe 13 of 14 723-030-08 PUBLIC TRANaPORTAT1oN ow Financial Project No. 407185-1-84-06 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FDOT St. Lucie County Board of County Commissioners AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE Page 14 0114 Financial Project No. 407185-1-84-06 Contract No. Agreement Date EXHIBIT "A" PROJECTS DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and StLucie County Board of County Commissioners 437 North 7th Street. Fort Pierce, FL 34950 referenced by the above Financial Project Number. PROJECT LOCATION: St. Lucie County, Florida PROJECT DESCRIPTION To provide operating assistance to St. Lucie County Board of County Commissioners for a non -urbanized area Public Transportation system as authorized under Section 5311 of the Federal Transit Administration's Section 18 Program, 49 U.S.C. 5311. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A Page 1 of 1 Financial Project No. 407185-1-84-06 Contract No. Agreement Date EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners 437 North 7th Street, Fort Pierce, FL 34950 referenced by the above Financial Project Number. I. PROJECT COST: TOTAL PROJECT COST: II. PARTICIPATION: Maximum Federal Participation Agency Participation In -Kind Cash Other Maximum Department Participation, Primary $120,608.00 $120,608.00 ( %) or $ ( %) or $ ( 50 %) or $ 60,304.00 ( %) or $ FDederal Reimbursable ( 50 %) or $ 60,304.00 ( /o) or $ Local Reimbursable ( %) or $ TOTAL PROJECT COST: $120,608.00 Page 1 or 1 Financial Project No. 407185-1-84-06 Contract No. Agreement Date EXHIBIT "C" (Section 5311) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St Lucie County Board of County Commissioners 437 North 7th Street, Fort Pierce. FL 34950 referenced by the above Financial Project Number. This Agreement is in conformance with Section 5311 of the Federal Transit Act of 1991, as amended (49 U.S.C. app. ' 5311) and Section 341.051(1)(a) Florida Statutes. The Section 5311 subrecipient shall establish and implement anti -drug and alcohol misuse prevention programs in accordance with the terms of 49 CFR part 655. The Section 5311 subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5311 funds. The Section 5311 subrecipient shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the FDOT and FTA, as they may be amended or promulgated from time to time during the term of this contract. Failure to so comply shall constitute a material breach of this contract. The Section 5311 subrecipient agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, the Section 5311 subrecipient of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, subrecipients may not use federally funded equipment, vehicles, or facilities. The Section 5311 subrecipient agrees to comply with Buy America requirements outlined in 49 U.S.C. 53230) and 49 CFR Part 661, if using the funds granted under this agreement for rolling stock purchases. The recipient also agrees to comply with the pre -award and post delivery requirements outlined in 49 CFR 661.12. The Section 5311 subrecipient agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 if the agreement exceeds $100,000. The Section 5311 subrecipient agrees to comply with the requirements pursuant to Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352(b)(5) and 49 CFR Part 19, Appendix A, Section 7. If this agreement is for a construction project over $100,000 the recipient must adhere to FTA's bonding requirements as outlined in the Best Practices Procurement Manual. Page 1 of 2 EXHIBIT "C" (Section 5311) The 5311 subrecipient agrees to comply with applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. 7401 if this agreement exceeds $100,000, - The 5311 subrecipient agrees to comply with all the requirement of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (49U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12673, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. The 5311 subrecipient agrees to comply with the Davis -Bacon and Copeland Anti -kickback acts as codified at 40 U.S.C. 3141 and 16 U.S.C. 674 for any agreement exceeding $2,000. For any contract over $2,000 the 5311 subrecipient agrees to comply with the Contract Work Hours and Safety Standards Act coded at 40 U.S.C. 3701. The 5311 subrecipient agrees to comply with the Transit Employee Protective Agreements as codified in 40 U.S.C. 5311 and 29 CFR Part 215. The 5311 subrecipient shall not perform any act, fail to perform any act, or refuse to comply with any FDOT requests which would cause the 5311 subrecipient to be in violation of the FTA terms and conditions. In accordance with Florida Statute 341.061, and Rule 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety and Security Program Plan pursuant to Rule 14-90 and has performed annual safety inspections of all buses operated. Page 2 of 2 EXHIBIT D 7254)304)8 PueuCTRANSPORTATION owae Pays 1 of 2 Financial Project Number: 407185-1-84406 Contract Number: Agreement Date: FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: • (e.g., What services or purposes the resources must be used for) • (e.g., Eligibility requirements for recipients of the resources) • (Etc...) NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCE Federal Agency COW of Federal Domestic Assistance (Number & Titie) Amoun Federal Transit Administration 20.509 60,304.00 Compliance Reauirements 1. To improve, initiate, or continue public transportation service in nonurbanized areas (rural and small areas under 50,000 population) and to provide technical assistance for rural transportation providers. 2. Section 5311 funds may be used for eligible capital expenses, project administration, and operating expenses needed to provide efficient and coordinated public transportation service in nonurbanized areas. States may use up to 15 per cent of the annual apportionment for planning and program administration. Projects must provide for the maximum feasible coordination of public transportation sources assisted under this section with transportation services assisted by other Federal sources, and must provide for the maximum feasible participation of private operators. Fifteen percent of the State's annual apportionment must be spent to support rural intercity bus transportation, unless the governor certifies that such needs are adequately met. Rural Transit Assistance Program (RTAP) funds may be used for technical assistance, training, research, and related support services. States may use up to 15 per cent of the annual apportionment for planning and program administration. Projects must provide for the maximum feasible coordination of public transportation sources assisted under this section with transportation services assisted by other Federal sources, and must provide for the maximum feasible participation of private operators. Fifteen percent of the State's annual apportionment must be spent to support rural intercity bus transportation, unless the governor certifies that such needs are adequately met. Rural Transit Assistance Program (RTAP) funds may be used for technical assistance, training, research, and related support services. 3. American Recovery and Reinvestment Act 2009, 49 U.S.0 5311 STATE RESOURCES State Agency Catalpa of State Financial Assistance (Number & Title) Amount Compliance Reouirements EXHIBIT D 2. 3. PUBLIC TRANSPORTATION OIAD Pape 2 of 2 Matching Resources for Federal Programs Federal Aaency Catalog of Federal Domestic Assistance (Number & Title) Amount Compliance Requirements 2. 3. NOTE: Section AOO(d) of OMB Circular A-133, as revised, and Section 215.97(5Na), Florida Statutes, require that the Information about Federal Programs and State Projects included In this exhibit be provided to the recipient. t SUBGRANT AGREEMENT FM NO.407185-1-84-06 THIS SUBGRANT AGREEMENT, made this day of , 2010, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and COUNCIL ON AGING OF ST. LUCIE, INC., a Florida non profit corporation, or its successors, executors, administrators, and assigns, hereinafter called the "Council": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Council a subgrant in a total amount not to exceed one hundred twenty thousand six hundred eight and no/100 dollars ($120,608.00), hereinafter referred to as the "Grant Agreement". Of this amount, sixty thousand three hundred four and no/100 ($60,304) will be from the Florida Department of Transportation, and sixty thousand three hundred four and no/100 ($60,304) from other such eligible transit funding sources as may be available. The parties hereby acknowledge and agree that the total amount of the award to the County under the Grant Agreement with Florida Department of Transportation is one hundred twenty thousand six hundred eight and no/100 dollars ($120,608.00). The Council shall use the funds dispersed pursuant to this Agreement for operation of non -urbanized area public transit services called the "Project". The Council shall submit requests for payment to the County in a form acceptable to the County and in accordance with the terms and conditions of this Agreement. 2. The subgrant shall be used only as set forth in this Agreement. The Recipient further agrees to comply with the terms and conditions of any Joint Participation Agreement between the County and the Florida Department of Transportation pursuant to which the County receives funding for the Project, including but not limited to audit and safety certification requirements. A County property record number shall be affixed to any equipment purchased with the subgrant funds at a cost of one thousand and 00/100 dollars ($1,000.00) or more. The Council agrees to coordinate with the County OMB/Purchasing Director in the purchase of any equipment pursuant to this Agreement. 3. The Council shall have internal controls adequate to safeguard the subgrant. 4. If the subgrant cannot be used or a subsequent audit reveals the subgrant was not used according to this Agreement, any money not so used shall be reimbursed to the County. 5. The Council shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of monies disbursed pursuant to this Agreement. In the alternative and subject to prior written approval of the County Budget and Management Director, the Council may submit qualifying paid invoices in lieu of a certified audit. In addition, the Council shall provide the County with a copy of the Council's annual audit for each fiscal year during which the Council expends funds received pursuant to this Agreement. The Council shall submit all documents required under this paragraph within ninety (90) days after the end of its last fiscal year during which funds are expended under this Agreement. 6. The Council gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the subgrant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Council involving transactions related to these subgrant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Council is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Council shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Council or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Council hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Council agrees to comply with all local, state and federal laws, rules and regulation, the terms of this Agreement. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO THE COUNTY: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 TO THE COUNCIL: Council on Aging of St. Lucie, Inc. 2501 SW Bayshore Blvd. Port St. Lucie, Florida 34984 WITH COPY TO: St. Lucie County Attorney Administration Annex 2300 Virginia Avenues, 3rd Floor Fort Pierce, Florida 34982 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Council agrees to use said forms. 12. The Council represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 (2009) and as may be amended from time to time. The Council further represents that no person having any interest shall be employed for said performance. The Council shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Council's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Council may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Council. The County agrees to notify the Council of its opinion by certified mail within thirty (30) days of receipt of notification by the Council. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Council, the County shall so state in the notification and shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Council under the terms of this Agreement. 13. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 14. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 15. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 16. 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. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK ATTEST: SECRETARY CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY COUNCIL ON AGING OF ST. LUCIE, INC. BY: PRESIDENT/CHIEF EXECUTIVE OFFICER (SEAL) ITEM NO. VI-H2 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Community Services/Transit Division Acceptance of Transit Block Grant See attached memorandum. 1/26/10 PUBLIC HEARING { ) LEG. { ) QUASI -JD { ) CONSENT (X ) PRESENTED BY: Corine C. William Transit Manager 130210-4910-334493-400 Florida Department of Transportation PREVIOUS ACTION: N/A RECOMMENDATION: Board acceptance of the Florida Department of Transportation Joint Participation Agreement Transit Block Grant; approval of Budget Resolution No. 10-043 and sub agreement with Council on Aging of St. Lucie, Inc.; and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney OMB Director ( ) I I I N'' Dani I S. McIntyre Budget Analyst Mane Gouin Sophia Holt Originating Dept. ( ) Beth Ryder Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director.4 FROM: Corine C. Williams, Transit Manager DATE: January 26, 2010 SUBJECT: Acceptance of Transit Block Grant ITEM NO. VI- H2 Background: The State Public Transit Block Grant Program was enacted by the Florida Legislature to provide a stable source of funding for public transit. Yearly allocation of grant funds are awarded by Florida Department of Transportation (FDOT) to public transit providers that are eligible to receive funding under the Federal Transit Administration's Sections 5307 and 5311 programs. The allocation is determined based on a State formula that included the County's population, transit system revenue miles and passenger trips. These funds may be used for eligible capital and operating costs for public transit. Projects must be consistent with applicable approved local government comprehensive plans. Historically, the State Transit Block Grant has been directly awarded by FDOT to the Council on Aging of St. Lucie Inc. (COASL) as the transportation provider for operation of public transportation services. Moving forward, FDOT plans to award all transit grants to local governments. The Transit Block Grant allows for a total operating assistance in the amount of $867,522. Of this amount, $433,761 will be from the FDOT, and $433,761 will be from other such eligible transit funding sources. COASL, the local transit provider, is the subrecipient of this transit grant. Recommendation: Board acceptance of the FDOT Joint Participation Agreement Transit Block Grant; approval of Budget Resolution No. 10-043 and sub -grant agreement with Council on Aging of St. Lucie, Inc.; and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: FDOT Agreement Budget Resolution 10-043 COASL Sub agreement RESOLUTION NO. 10-043 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 Florida Department of Transportation Grant in the amount of $433,761. 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 26'h day of January, 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 130210-4910-334493-400 APPROPRIATIONS 130210-4910-582015-400 Florida Dept. of Transportation Council on Aging After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chairman XXX Commissioner Doug Coward, Vice Chairman XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED THIS 26TH DAY OF JANUARY 2010. ATTEST: $433,761 $433,761 BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-03046 PUBLIC TRANSPORTATION Pu%cTRANSPtltTA06W osAT JOINT PARTICIPATION AGREEMENT Financial Project No.: Fund: DPTO FLAIR Approp.: 088774 407187-1-84-02 Function: 680 FLAIR ON.: 750010 (item -segment -phase -sequence) Federal No.: N/A Org. Code: 55042010429 Contract No.. DUNS No.: 80-9 9-7102 Vendor No.: VF596000835002 CFDA Number: NIA CSFA Number: 55010 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie County Board of County Commissioners 437 North 7th Street, Fort Pierce. FL 34950 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before 12/31/2014 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. WITNESSETH: WHEREAS, the11 Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 341,052 Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is To provide funding assistance to St. Lucie County to offset the operating costs of providing public transit services. and as further described in Exhibit(s) A.B.C.D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. Paps 1 of 14 725-0]406 PUBUC TRANSPORTATION W07 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost The total estimated cost of the project is $ 867.522 00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ as 4 percentage(s) of total project cost shown inExhibit"B", wihicchever led in Exhibit less."' or in an amount equal to the 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Departments appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding ❑ is 0 is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage : Retainage ❑ is Q is not applicable. If applicable, 0 percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. Pp"2 of ns-03o-M PUBLIC TRANSPORTATION oero7 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. Page 3 of 14 725-030.00 PUK C TRANSPORTATION 00/07 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOTs Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part 1 Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part 1, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Pant II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single or project -speck audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part 11, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. POW 4 of 14 725-Offi06 PUBLIC TRANSPORTATION 0d07 Part III Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Section 7.622 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: 3400 West Commercial Boulevard, Fort Lauderdale FL, 33309-3421 B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133. 2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: 3400 West Commercial Boulevard, Fort Lauderdale FL, 33309-3421 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB CircularAA33, and any management letters issued by the auditor, to the Department at each of the following addresses: 3400 West Commercial Boulevard, Fort Lauderdale FL, 33309-3421 Page 5 of 14 725-030.00 PUBLIC TRANWORTATION 06/07 3. Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: 3400 West Commercial Boulevard, Fort Lauderdale FL, 33309-3421 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: 3400 West Commercial Boulevard, Fort Lauderdale FL, 33309-3421 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB CircularA-133, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. POP 6 of 1 725-030-06 PUBLIC TRANSPORTATION aw 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 West Commercial Boulevard Fort Lauderdale , FL, 33309-3421 its requisition on a form or fors prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 6.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Departments Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. P!V 7 of 14 rn-oao.oe PUBLIC TRANSPORTATION OSAT 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to pennit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. P."a Of 14 725-030.05 PUBLIC TRANSPORTATION Oy07 12.20 Compliance with Consultants' Competitive Negotiation Act It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to. the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DOE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Tide VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title Vlll - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Tide Vill of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. Pp" 9 of 14 7250]0-0! PUBLIC TRANWORTATm 06417 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officers, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, directors or employee's spouse or child, or any combination of them, has a material interest. "Material Interest' means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 Now Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that k has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. Ppp low 14 725-030-06 PUBLIC TRANSPORTATION OW 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. Pop I of 14 125-030-08 PUBLIC TRANSPORTATION OOM? 17.20 Multi Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before 12/31/2014 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. Page 12 of 14 725-000.06 PUBLIC TRANSPORTATION 06W 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. PeOe 13 of 14 725-030-00 PUBLIC TRANSPORTATION 0SM7 Financial Project No. 407187-1-84-02 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY St. Lucie County Board of County Commissioners AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE Pap 14 of 14 Financial Project No. 407167-1-64-02 Contract No. Agreement Date EXHIBIT "A" PROJECTS DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners 437 North 7th Street Fort Pierce, FL 34950 referenced by the above Financial Project Number. PROJECT LOCATION: St. Lucie County, Florida PROJECT DESCRIPTION: SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: As authorized in Section 341.052, Florida Statute the annual appropriation in this program is divided by formula and then distributed to each eligible transit system. Page 1 of 1 Financial Project No. 407187-1-84-02 Contract No. Agreement Date EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St Lucie County Board of cgUnty Commissioners 437 North 7th Street Fort Pi rce FL 34950 referenced by the above Financial Project Number. I. PROJECT COST: $ 867, 522.00 TOTAL PROJECT COST: $ 867, 522.00 II. PARTICIPATION: Maximum Federal Participation Agency Participation In -Kind Cash Other Maximum Department Participation, ( 0 %) or $ 0 ( %) or $ ( 50 %) or $ 433,761.00 ( %) or $ Primary DPTO ( 50 %) or $ 433,761.00 Federal Reimbursable ( %) or $ Local Reimbursable ( %) or $ TOTAL PROJECT COST: $ 867, 522.00 Page 1 of t Financial Project No. 407187-1-84-02 Contract No. Agreement Date EXHIBIT "C" (For State Block Only) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners 437 North 7th Street Fort Pierce, FL 34950 referenced by the above Financial Project Number. REF: Section 341.052 F.S. The Department shall provide block grant funds for eligible capital and operating costs of public bus transit and local public fixed guideway projects. Eligibility of this Agency to receive grant funding is provided in Sec. 341.052(1) F.S., and Sections 5307 and 5311 of the Federal Transit Act, 49 U.S.C. 5307, and 49 U.S.C. 5311 respectively. Eligible transit capital costs means any costs that would be defined as capital costs by the Federal Transit Administration. Eligible transit operating costs are the total administrative, management, and operation costs directly incident to the provision of public bus transit services, excluding any depreciation or amortization of capital assets. Block grant funds shall not exceed local revenue during the term of this agreement. (Local revenue is defined as the sum of money received from local government entities to assist in paying transit operation costs, including tax funds, and revenue earned from fare box receipts, charter service, contract service, express service and non - transportation activities.) Block grant funds shall not supplant local tax revenues made available for operations in the year immediately preceding this agreement. State participation in eligible public transit operating costs may not exceed fifty (50) percent of such costs or an amount equal to the total revenue, excluding farebox, charter, and advertising revenue and federal funds, received by the provider for operating costs, whichever amount is less. Page 1 of 2 EXHIBIT "C" (For State Block Only) The Agency shall require the independent auditor, retained to perform the audit as required by the Single Audit Act of 1984, to specifically test and certify that these limitations (...funds shall not exceed local revenue... funds shall not be expended for depreciation or amortization of capital assets... funds shall not supplant local tax revenues made available for operations in the previous year) of the block grant program as delineated in Chapter 341.052 F.S., have been adhered to. The Agency shall provide the Department with two (2) copies of its most current adopted budget by March 1. Unless the adopted budget uses a format consistent with the National Transit Database (NTD) report, the copy provided to the Department will indicate how the projections for total local revenue, local tax revenue made available for operations, and depreciation and amortization costs, as they will appear in the NTD report, can be identified. The Agency shall publish in the local newspaper of its area, in the format prescribed by the Department, the productivity and performance measures established for the transit providers most recently completed fiscal year and the prior fiscal year. This report shall be approved by the Department of Transportation prior to its publication. This report shall be submitted to the Department no later than November 15 of each year, and published either by December 31 or no later than twenty eight (28) calendar days of the Department's written approval of the report. The Agency shall furnish an affidavit of publication to the Department within twenty eight (28) calendar days of publication. The Agency shall submit a Transit Development Plan (TDP) or annual update to the Department by September 1 of each year. As a separate part of the transit development plan or annual report, the Agency will address potential enhancements to productivity and performance which would have the effect of increasing farebox ratio pursuant to FS 341.071 (2). A TDP shall conform to the requirements in Rule 14-73, available at: http:/tfac.dos.state.fl.ustfaconline/chapterl4.pdf. Mark the required Safety submittal or provisions for this agreement if applicable. Safety Requirements X Bus Transit System - In accordance with Florida Statute 341.061, and Rule 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety and Security Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. Fixed Guideway Transportation System - (established) In accordance with Florida Statute 341.061, the Agency shall submit, and the Department shall have on file, annual certification by the Agency of compliance with its System Safety and Security Program Plan, pursuant to Rule 14-15.017 and the "Safety and Security Oversight Program Standards Manual", DOT Topic Number 725-030-014. Fixed Guideway Transportation System - (This applies to New Starts projects and subsequent major projects to extend, rehabilitate, or modify an existing system, or to replace vehicles and equipment.) In accordance with Florida Statute 341.061, the Agency shall submit a certification attesting to the adoption of a System Safety Program Plan pursuant to Rule 14-15.017 and the 'Safety and Security Oversight Program Standards Manual", DOT Topic Number 725-030-014. Prior to beginning passenger service operations, the Agency shall submit a certification to the Department that the new start system or major modification to an existing system is safe for passenger service. Page 2 of 2 EXHIBIT D 725.030M PUBLIC TRANSPORTATION 04M Pape 1 or 2 Financial Project Number. 407187-1-8"2 Contract Number. Apreement Date: FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: • (e.g., What services or purposes the resources must be used for) • (e.g., Eligibility requirements for recipients of the resources) • (Etc... ) NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Aaencv Compliance Requirements STATE RESOURCES State Aaencv Florida Department of Transportation Compliance Requirements Catalog of State Financial Assistance (Number & Title) 55.010 Amount Amount $433,761.00 I. Funding Is limited to public transit providers eligible to receive funding from the Federal Transit Administration's Section 5307 and 5311 programs, and to Community Transportation Coordinators. Projects must be consistent with applicable approved local government comprehensive plans. (725-030- 004 entitled "Section 5311 Program") 2. To provide a stable and flexible source of funding for public transit 3. As authorized in Section 341.052, funding for Program 25 is based upon annual federal appropriation. Matching Resources for Federal Programs Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amour EXHIBIT D Compliance Reauirements 7z5430as PUBLIC TRANSPORTATION 0405 Pape 2 of 2 NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(Sxa), Florlds Statutes, require that the information about Federal Programs and State Projects Included In this exhibit be provided to the recipient. i SUBGRANT AGREEMENT FM 407187-1-84-02 THIS SUBGRANT AGREEMENT, made this day of , 2010, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and COUNCIL ON AGING OF ST. LUCIE, INC., a Florida non profit corporation, or its successors, executors, administrators, and assigns, hereinafter called the "Council": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Council a subgrant in a total amount not to exceed eight hundred sixty-seven thousand five hundred twenty-two and 00/100 dollars ($867,522.00), hereinafter referred to as the "Grant Agreement". Of this amount, four hundred thirty-three thousand seven hundred sixty-one and no/100 ($433,761.00) will be from the Florida Department of Transportation, and four hundred thirty-three thousand seven hundred sixty-one and no/100 ($433,761.00) from other such eligible transit funding sources as may be available. The parties hereby acknowledge and agree that the total amount of the award to the County under the Grant Agreement with Florida Department of Transportation is four hundred thirty-three thousand seven hundred sixty-one and no/100 ($433,761.00). The Council shall use the funds dispersed pursuant to this Agreement for operation of public transit services called the "Project". The Council shall submit requests for payment to the County in a form acceptable to the County and in accordance with the terms and conditions of this Agreement. 2. The subgrant shall be used only as set forth in this Agreement. The Recipient further agrees to comply with the terms and conditions of any Joint Participation Agreement between the County and the Florida Department of Transportation pursuant to which the County receives funding for the Project, including but not limited to audit and safety certification requirements. A County property record number shall be affixed to any equipment purchased with the subgrant funds at a cost of one thousand and 00/100 dollars ($1,000.00) or more. The Council agrees to coordinate with the County OMB/Purchasing Director in the purchase of any equipment pursuant to this Agreement. 3. The Council shall have internal controls adequate to safeguard the subgrant. 4. If the subgrant cannot be used or a subsequent audit reveals the subgrant was not used according to this Agreement, any money not so used shall be reimbursed to the County. 5. The Council shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of monies disbursed pursuant to this Agreement. In the alternative and subject to prior written approval of the County Budget and Management Director, the Council may submit qualifying paid invoices in lieu of a certified audit. In addition, the Council shall provide the County with a copy of the Council's annual audit for each fiscal year during which the Council expends funds received pursuant to this Agreement. The Council shall submit all documents required under this paragraph within ninety (90) days after the end of its last fiscal year during which funds are expended under this Agreement. 6. The Council gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the subgrant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Council involving transactions related to these subgrant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Council is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Council shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Council or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Council hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Council agrees to comply with all local, state and federal laws, rules and regulation, the terms of this Agreement. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO THE COUNTY: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 TO THE COUNCIL: Council on Aging of St. Lucie, Inc. 2501 SW Bayshore Blvd. Port St. Lucie, Florida 34984 WITH COPY TO: St. Lucie County Attorney Administration Annex 2300 Virginia Avenues, 3rd Floor Fort Pierce, Florida 34982 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Council agrees to use said forms. 12. The Council represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 (2009) and as may be amended from time to time. The Council further represents that no person having any interest shall be employed for said performance. The Council shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Council's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Council may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Council. The County agrees to notify the Council of its opinion by certified mail within thirty (30) days of receipt of notification by the Council. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Council, the County shall so state in the notification and shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Council under the terms of this Agreement. 13. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 14. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 15. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 16. 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. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: COUNCIL ON AGING OF ST. LUCIE, INC. BY: SECRETARY PRESIDENT/CHIEF EXECUTIVE OFFICER (SEAL) ITEM NO. VI- H3 DATE: 1 /26/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Corine C. Williams SUBMITTED BY: Community Services/Transit Division Transit Manager fk SUBJECT: Submission of Section 5317 New Freedom (NF) Application BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: January 27, 2009 — Approved request to Federal Transit Administration (FTA) to be a Designated Recipient of NF funds. March 6, 2009 — Approved letter to FTA for NF grant funds on behalf of St. Lucie County. April 21, 2009 — Authorized advertising a Request for Qualifications for transit providers for the NF program. September 8, 2009 — Accepted FTA 5317 and Budget Resolution 09-266; approved agreement with ARC of St. Lucie County. RECOMMENDATION: Board approval to submit an application for the FTA Section 5317 grant and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (')Q APPROVED ( ) DENIED ( } OTHER Approved 5-0 Coordination/Signatures CONCURRENCE: Faye W. Outlaw, MPA County Administrator County Attorney ( ) OMB Director ( ) 7j r-, Budget Analyst Y�I ffo�- )4 A D ni I S. McIntyre Marie Gouin Sophia Holt Originating Dept. Beth Ryder Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director .' FROM: Corine C. Williams, Transit Manager DATE: January 26, 2010 SUBJECT: Submission of Section 5317 New Freedom (NF) Application ITEM NO. VI- H3 Background: FTA has allocated $18,838 of formula carryover NF grant funds for FY10. These funds have been designated to the Port St. Lucie Urbanized Area (PSL UZA), which comprises St. Lucie and Martin Counties. The purpose of the NF grant is to provide improved public transportation services, and alternatives to public transportation for seniors and individuals with disabilities, regardless of income. Recommendation Board approval to submit an application for the FTA Section 5317 grant and authorization for the Chairman to sign documents as approved by the County Attorney. Attachments: Grant application Split letter z•� FTA U.S. Department of Transportation Application Federal Transit Administration Recipient ID: 1024 Recipient Name: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Project ID: 5317 FY09 Budget Number: 1 - Budget Pending Approval Project Information: Enhanced Services for the Elderly Part 1: Recipient Information Project Number: 5317 FY09 Recipient ID: 1024 Recipient Name: Address: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS 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 $37,676 Project Number: 5317 FY09 Cost: Adjustment Amt: $0 Project Description: Enhanced Services for the ittps: /ftateamweb.fta.dot.gov./teamweb/,applications/ViewPrint/ViewPrintRes. asp-'GU[D=PRUDUCTI0 1/15112010 Elderly Recipient Type: County Agency FTA Project Mgr: Recipient Contact: New/Amendment: None Specified Amend Reason: Initial Application Fed Dom Asst. #: 20521 Sec. of Statute: 5317 State Appl. ID: None Specified Start/End Date: - Recvd. By State: EO 12372 Rev: Not Applicable Review Date: None Specified Planning Grant?: NO Program Date (STIP/UPWP/FTA Prm Plan) -.-- Jul. 01, 2009 Program Page: None Specified Application Type: Electronic Supp. Agreement?: No Debt. Delinq. Details: Urbanized Areas UZA ID UZA Name 123280 PORT ST. LUCIE, FL Congressional Districts State ID District Code District Official 12 16 Thomas J Rooney 12 23 Alcee L Hastings Total Eligible Cost: S37,676 Total FTA Amt: 318,8383 Total State Arnt: So Total Local Amt: $18,838 Other Federal Amt: $0 Special Cond Amt: SO Special Condition: None Specified S.C. Tgt. Date: None Specified S.C. Eff. Date: None Specified Est. Oblig Date: None Specified Pre -Award Authority?: No Fed. Debt Authority?: No Final Budget?: No Proiect Details St. Lucie County and Martin County share the apportionments to the St. Lucie UZA. The division of the apportionment to the St. Lucie UZA is documented in a split letter (attached). This application is for the St. Lucie County share of apportionments FY 2009 in the amount of 18,838.00. The Program of Projects (POP) was drawn from a coordinated human services transportation plan, and competitively selected. The Program of Projects and Project Management Plan are attached. The Council on Aging of St Lucie Inc./Community Transit was selected as the sub -recipient to provide transportation services to the elderly who cannot maneuver within the fixed -route system. This grant will provided expanded and enhanced demand/ response services from the western areas of St Lucie County into Fort Pierce and Port St Lucie, and will also be used to support expansion of shuttle service throughout the eastern areas of the county. Funds will be used for operations and vehicle expenses. hops:; /ttateamweb.fta.dot.gov./teamweb/Appiications!ti'iewPrint/N"iewPrintRes.asp?GU ID=PRODUCTIU... 1 / 15/2010 The local match will be provided by Council on Aging. Earmarks No information found. Security No information found. Part 3: Budget Proiect Budget Quantity FTA Amount Tot. Eqg. Cost SCOPE 300-00 OPERATING ASSISTANCE 0 $16,954.00 $33,908.00 ACTIVITY 30.09.01 UP TO 50% FEDERAL SHARE 0 $16,954.00 $33,908.00 SCOPE 600-00 OTHER PROGRAM COSTS 0 $1,884,00 $3,768.00 ACTIVITY 11.80.00 STATE OR PROGRAM ADMINISTRATION 0 $1784.00 $3,768.00 Estimated Total Eligible Cost: $37,676.00 Federal Share: $18.838.00 Local Share: $18,838.00 OTHER (Scopes and Activities not included in Project Budget Totals) None No Amendment Funding Source information is available for the selected Proiect Alternative Fuel Codes Extended Budget Descriptions Changes since the Prior Budget nttps././ tateamweb.tta.dot.goviteamweb/,applications; ]ewPrinU'vlewPrintRes.asp?GUID=PRODUCTIU... 1,,I5.2010 Vie�� Print Unable to find change amount information. Part 4. Milestones 30.09.01 UP TO 50% FEDERAL SHARE 0 $16,954 $33,908 Milestone Description Est. Comp. Date 1. Initial Expenditure Jul. 01, 2010 2. Final Expenditure Jun. 30, 2011 11.80.00 STATE OR PROGRAM ADMINISTRATION 0 $1,884 $3,768 Milestone Description Est. Comp. Date 1. RFP/IFB Issued Jul. 01, 2010 2. Contract Award Aug. 01, 2010 3. Contract Complete Jun. 30, 2011 Part 5. Environmental Findings 300901 UP TO 50% FEDERAL SHARE 0 $16,954 $33,908 Finding No. 1 - Class II(c) C16 - Program Admin. & Operating Assistance Program administration, technical assistance activities, and operating assistance to transit authorities to continue existing service or increase service to meet routine changes in demand. 118000 STATE OR PROGRAM ADMINISTRATION 0 $1,884 $3,768 FindingNo. 1 - Class II(c) C16 - Program Admin. & Operating Assistance Program administration, technical assistance activities, and operating assistance to transit authorities to continue existing service or increase service to meet routine changes in demand. Part 6: Fleet Status No information found. https:i%ttateamweb.fta.dot.gov"teamwebilAppiications/ViewPiintlk'iewPrintRes.asp?GUID=PRODUCTI0... I A i"1010 Iew t'1711! .Part 7.. FTA Comments No information found. Part 8: Results of Reviews The reviewer did not tied and errors https:/ ttateamweb.tta.dot.Noviteamweb/App] ications.,ViewPrint/VIewPrintRes.asp`? GU ID=PRODUCTf0... 1 15 201 COLT NT Y F t O R 1 D A .. `T. I.UCIF COUNTY HOARD OF COUNTY COMMISSIONERS 2300 VIRGINIA AVENUE • FORT PIERCE, FL 34982 November 5, 2009 Ms. Maggie Sandberg Program Manager Federal Transit Administration 61 Forsyth Stmet SW, Suite 17T50 Atlanta, GA 30303-8917 MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS 2441 S.E. MONTEREY ROAD • STUART. FL 34888 RE: PORT ST. LUCIE URBANIZED AREA JARC AND NEW FREEDOM APPORTIONMENT SPLIT Dear Ms. Sandberg: The purpose of this letter is to provide you concurrence with the FY 2010 FTA ]ARC (Section 5316) and New Freedom (Section 5317) Apportionment Split for the Port St. Lucie Urbanized Area between Martin and St. Lucie Counties, The following table summarizes the allocation: Operator/Entity Percentage JOB ACCESS AND REVERSECOMMUTE NEW FREEDOM Total Allocation ST. LUCIE COUNTY 62% $26,830.00 $18.838.00 $45,668.00 MARTIN COUNTY 38% $16,444.00 $11,546.00 $27,990.00 TOTAL $43,444.00 $30,384.00 $73,658.00 Should you have any questions, please feel free to contact Beth R)der, St. Lucie County Community Services Director, at (772) 462-1777 or r�lg_rbru�titlucior Don Donaldson. Martin County Engineering Director, at (772) 298-5927 or ddonalds(c&_krtin tl.us, Beth Ryder Conununity Services Director St. Lucie County i D Donaldson, P.E. Engineering Director Martin County ITEM NO. VI-H4 TO: SUBMITTED BY: SUBJECT: BACKGROUND: DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Community Services/Transit Division 1126/10 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) PRESENTED BY: Corine C. Williams J Transit Manager P Submission of Section 5316 Job Access Reverse Commute (JARC) Application See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: January 27, 2009 — Approved submission of request to Federal Transit Administration (FTA) to be a Designated Recipient of JARC funds. March 6, 2009 — Approved submission of letter to FTA for JARC grant funds on behalf of St. Lucie County. April 21, 2009 — Authorized to advertising a Request for Qualifications for transit providers for the JARC program. September 8, 2009 — Accepted FTA 5316 and Budget Resolution 09-265; approved agreement with ARC of St Lucie County. RECOMMENDATION: Board approval to submit an application for the FTA Section 5316 grant and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (1�') APPROVED ( ) DENIED { ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator - Coordination/Signatures County Attorney OMB Director Daniel S. McIntyre Budget Analyst Marie Gouin Sophia Holt Originating Dept. ( } Beth Ryder THROUGH: Beth Ryder, Director ` FROM: Corine C. Williams, Transit Manager DATE: January 26, 2010 SUBJECT: Submission of Section 5316 Job Access Reverse Commute (JARC) Application ITEM NO. VI-1-14 Background: FTA has allocated $43,444 of formula carryover JARC grant funds for FY10 to the Port St. Lucie Urbanized Area (PSL UZA), which comprises St. Lucie and Martin Counties. $26,830 is the St. Lucie County share of this allocation. The JARC program is intended to fund transportation services and supportive activities that 1) improve access to jobs for persons of low income and those on public assistance, and 2) provide reverse commute trips for the general population. A reverse commute trip provides transportation for urban, suburban and rural area residents to suburban employment opportunities. Recommendation: Board approval to submit an application for the FTA Section 5316 grant and authorization for the Chairman to sign documents as approved by the County Attorney. Attachments: Grant application Split letter DOT fa FTA U.S. Department of Transportation Application Federal Transit Administration Recipient ID: 1024 Recipient Name: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Project ID: 5316 - FY09 Budget Number: 1 - Budget Pending Approval Project Information: Emploment, training & job searach activi Part 1: Recipient Information Project Number: 5316 - FY09 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 $53,660 Project Number: 5316 - FY09 Cost: Adjustment Amt: $0 Project Description: Emploment, training & job ittps:;/ttateamweb.fta.dot.gov/teamweb/AppiicationslViewPrint/v'iewPrintRes.asp`'GUID=PRODUCTIO... I/ 1512010 VICN\ Print Isearach activi Recipient Type: County Agency FTA Project Mgr: Maggie Sandberg - 404-865- 5612 Recipient Contact: Beth Ryder - 772-462-1777 New/Amendment: None Specified Amend Reason: Initial Application Fed Dom Asst. #: 20516 Sec. of Statute: 5316 State Appl. ID: FM4268961 Start/End Date: Jul. 01, 2009 - Jun. 30, 2010 Recvd. By State: EO 12372 Rev: Not Applicable Review Date: None Specified Planning Grant?: NO Program Date (STIP/UPWP/FTA Prm Plan) : Jul. 01, 2009 Program Page: None Specified Application Type: Electronic Supp. Agreement?: No Debt. Delinq. Details: Urbanized Areas UZA ID UZA Name 123280 PORT ST. LUCIE, FL Congressional Districts State ID District Code District Official 12 16 Thomas J Rooney 12 23 Alcee L Hastings Total Eligible Cost: $53,660 Total FTA Arnt: S26,830 Total State Amt: $0 Total Local Amt: $26,830 Other Federal Amt: $0 Special Cond Amt: SO Special Condition: None Specified S.C. Tgt. Date: None Specified S.C. Eff. Date: None Specified Est. Oblig Date: None Specified Pre -Award Authority?: No Fed. Debt Authority?: No Final Budget?: No L-2 Project Details St. Lucie County and Martin County share the apportionments to the Port St Lucie UZA. The division of the apportionment to the Port St. Lucie UZA is documented in a split letter (attached). This application is for the St Lucie County share of apportionments for FY 2009 in the amount of $26,830.00. The Program of Projects (POP) was drawn from a Coordinated Human Services Transportation Plan and was competitively selected according to the parameters prescribed in FTA C 9050.1. The Program of Projects and Project Management Plan are attached. The ARC of St. Lucie County, Inc., was selected as the sub -recipient to improve access to employment related opportunities by providing day, evening and week -end transportation. The project proposes to provide and maintain transportation services to and from jobs, education and training programs, and childcare/after-school care programs. https:;"%ftateamweb.fta.dot.gov/teamweb,"Applications%Y IeWPrint/V lewPrintRes.asp?GUID=PRODUCTIO... 1/ 15/?010 I l - A I00°t of the population to be served will be at or below the 150% threshold of the Federal Poverty Guidelines. The local match will be provided by the ARC through in -kind capital (use of vehicles), personnel for targeted population enrollment, routing, scheduling and administration including operation and data gathering data processing for repoiting of the project. Earmarks No information found. Securily No information found. Part 3: Budget Proiect Budget Quantity FTA Amount Tot. Elig. Cost SCOPE 300-00 OPERATING ASSISTANCE 0 $24,147.00 $48,294.00 ACTIVITY 30.09.01 UP TO 50% FEDERAL SHARE 0 $24,147.00 $48,294.00 SCOPE 600-00 OTHER PROGRAM COSTS 0 $2,683.00 $5,366.00 ACTIVITY 11.80.00 STATE OR PROGRAM ADMINISTRATION 0 $2,683.00 $5,366.00 I Estimated Total Eligible Cost: $53,660.00 Federal Share: $26,830.00 Local Share: $26,830.00 OTHER (Scopes and Activities not included in Proiect Budget Totals) None No Amendment Funding Source information is available for the selected project Alternative Fuel Codes Extended Budget Descriptions https: i tateamweb.tta.dot.gov; tearnweb/ Applications/ ViewPrintiViewPrintRes.asp''GUID-=PRODUCT10... 1 15 -'U 1 U ViexN Print Changes since the Prior Budget Unable to find change amount information. Part 4. Milestones 30.09.01 UP TO 50% FEDERAL SHARE 0 $24,147 S48,294 Milestone Description Est. Comp. Date 1. Initial Expenditure Jul. 01, 2010 2. Final Expenditure Jun. 30, 2011 11.80.00 STATE OR PROGRAM ADMINISTRATION 0 $2,683 $5,366 Milestone Description Est. Comp. Date 1. RFP/IFB Issued Jul. 01, 2010 2. Contract Award Aug. 01, 2010 3. 1 Contract Complete Jun. 30, 2011 Part 5. Environmental Findings 300901 UP TO 50% FEDERAL SHARE 0 $24,147 $48,294 Finding No. 1 - Class II(c) C16 - Program Admin. & Operating Assistance Program administration, technical assistance activities, and operating assistance to transit authorities to continue existing service or increase service to rneet routine changes in demand. 118000 STATE OR PROGRAM 0 $2,683 $5,366 ADMINISTRATION Finding No. 1 - Class II(c) C16 - Program Admin. & Operating Assistance Program administration, technical assistance activities, and operating assistance to transit authorities to continue existing service or increase service to meet routine changes in demand. Part 6: Fleet Status https: "/flateamweb.tta.dot.gov/teamwebiAppiicationsiV'iewPrinti%'iewPrintRes.asp''GUID=PRODU('TIO... F 15%201U No information found. Part 7. FTA Comments No information found. Part 8: Results of Reviews The reviewer did not find anN errors ittps:: ttateamweb.tta.dot.gov.teamwebiApplications/VIewPrint,VIewPrintRes.asp"GUID=PRODUCTIO... 115 201 • t COUNTY F L O R 1 D A -- ST. LUCIF. COUNTY 130ARD OF COUNTY COMMISSIONERS 2300 VIRGINIA AVENUE • FORT PIERCE. FIL 3 902 November 5, 2009 Ms. Maggie Sandberg Program Manager Federal Transit Administration 61 Forsyth Street SW, Suite 17T50 Atlanta, GA 30303-8917 MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS 24M S.E.11110MREY ROAD • STUART. Fl. 340M RE: PORT ST. LUCIE URBANIZED AREA JARC AND NEW FREEDOM APPORTIONMENT SPLIT Dear Ms. Sandberg: The purpose of this letter is to provide you concurrence with the FY 2010 FTA JARC (Section 5316) and New Freedom (Section 5317) Apportionment Split for the Port St. Lucie Urbanized Area between Martin and St. Lucie Counties. The following table summarizes the allocation: JOB ACCESS AND REVERSE Operator/EntityPercentaBR COMMUTE NEW FREEDOM Total Allocation ST. LUCIE COUNTY 62% $26,830.00 $18,838.00 $45,668.00 MARTIN COUNTY 38% $16,444.00 $11,546.00 $27,990.00 TOTAL $43,444.00 S30,384 .00 573,6SE.00 Should you have any questions, please feel free to contact Beth Rider. St. Lucie County Community Services Director, at (772)462-1777 or Li �,tlucW JJomaldsa��rtin tl.ug,�rj or Don Donaldson, Martin County Engineering Director, at (772) 288-5927 or s. Since '/ J Beth RyJer Community Services Director St. Lucie County i D Donaldson, P.E. Engineering Director Martin County ITEM NO. ADDITIONVI-I._ DATE: 01/26/2010 �COUNTY • I . A AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dennis Wetze01-1-- SUBMITTED BY: Information Technology Director SUBJECT: 50k VA UPS SYSTEM BACKGROUND: The existing 25k VA uninterupted power supply (UPS) at Rock Road is ten years old and is under the vendor recommended power rating to support the Data Center at full load and future growth. A new 50k VA UPS is needed to properly protect the equipment and data from power surges and failures. A UPS is a critical part of the counties daily operations and diaster recovery procedures. FUNDS AVAILABLE: 001-1955-564000-100 Information Technology PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to purchase 50k VA UPS System for 101 N. Rock Road office. Board approval of Budget Amendment #BA10-010 and Equipment Request #EQ10-020 in the amount of $46,200.00. COMMISSION ACTION: CONCURRENCE: O APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney Heather Lueke Originating Dept. Dennis Wev- OMB Director ( ) i / K� Budget Analyst / arie Gouin Robert O'Sullivan Purchasing ( ) Ao, ( esiree) 7CrOC.[NTY F LORI D A TO: Board of County Commissioners FROM: Dennis Wetzel, Director���� i Information Technolog DATE: 01 /26/10 SUBJECT: 50k VA UPS SYSTEM ITEM NO. VI-H1 Background: Information Technology MEMORANDUM The existing 25k VA uninterupted power supply (UPS) at Rock Road is ten years old and is under the vendor recommended power rating to support the Data Center at full load and future growth. A new 50k VA UPS is needed to properly protect the equipment and data from power surges and failures. A UPS is a critical part of the counties daily operations and diaster recovery procedures. Previous Action: N/A Recommendation: Board authorization to purchase 50k VA UPS System for 101 N. Rock Road office. Board approval of Budget Amendment #BA10-010 and Equipment Request #EQ10-020 in the amount of $46,200.00. Ccimp toor P40W49r Systamsi Inc. 3421 State Road 419 Winter Springs, FL 32708 www.cvsfl.com Ph:407-327-7373 Fx: 407-327-7333 January 20, 2010 Dennis Wetzel St. Lucie County Information Technology wetz PH: cost) 462 174 Proposal # 01201ORKOI PH: (772) 462-1740 RE: New 50kVA UPS with Installation (GSA Pricing Update) Dear Mr. Wetzel: Thank you for your interest in our products and service. As per your request, the following proposal for a new 50kVA UPS at GSA Pricing (#GS-07F-9526G) is submitted for your review: Mitsubishi 2033G 50kVA UPS System. This 3-phase, 120/208V UPS system includes the following features: ■ 2 Year Full Warranty ■ Small Footprint: (27.6"W x 31.5"D x 59.1"H), 648 lbs. ■ Matching 16-minute Battery Cabinet (29"W x 31.5"D x 59.1"H), 1,7101bs. ■ LCD touchscreen display ■ Full IGBT's in the Converter and Inverter sections of the UPS ■ Extremely Generator Friendly Price, Mitsubishi 2033G, 50kVA UPS with Install.... $ 47,601.00 CREDIT FOR OLD 25kVA UPS TRADE-IN .......<< $ 19500.00>> TotalPrice . .................................................... $ 46,101.00 Terms are NET 30. Price reflects GSA cost on UPS, Battery Cabinet, and Netcom. Price Includes• - UPS and Matching Battery Cabinet - NetCom II Web/SNMP Adaptor and Software - Inside Delivery and Placement - Electrical Installation ( NO downtime required ) - Factory Start-up and Owner Training We look forward to solving your critical power problems. Sincerely, Approved By: Date: Rick Kuzmick rickk@cpsfl.com P.O.# ITEM NO. Vlll DATE: 01/26/10 AGENDA REQUEST REGULAR (X) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTEED BY: Jeffre SUBMITTED BY: Growth Management Department Senior Planner SUBJECT: Major Site Plan approval for the National Elephant Center. BACKGROUND: See attached memorandum. FUNDS AVAILABLE. N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board adoption of Resolution No. 10-010, granting Major Site Plan approval for the National Elephant Center as outlined in the attached agenda memorandum. COMMISSION ACTION: ( APPROVED ( ) ( ) OTHER Approved 5-U wlth conditions listed below " Coordination/Signatures County Surveyor Daniel S. McIntyre County Attorney ( ) CONCURRENCE:_ DENIED Faye W. Outlaw, MPA County Administrator () /ol-/� Ron Harris County Engineer ( ) M"yI ERD ( ) Michael Powley Kare mith Originating Dept. ( ) Mark Satterlee Motion to approve with the following conditions: • No Bull Hook on site. • Total number of Elephants shall not exceed ten. • Paved access shall be provided unless a wavier is granted after a public hearing. • No electrical fences shall be installed on site. • The Board encourages the creation of an advisory committee to review the operations of the facility. • The applicant shall comply with all State and Federal local laws concerning animals and applicant shall provide an annual compliance report to the Board on compliance. In the event there are violations the Board reserves the right to revoke the site plan. Documented report on animal comings and goings and also number of births that have occurred. • Approval of this item contingent on proof of documentation from St. Lucie County Fire District of approval. BOARD OF COUNTY COMMISSIONERS BOCC Hearing Date; January 26, 2010 9:00 A.M. GM File Number MJSP 420093967 Applicant The National Elephant Center Property Owner Okeechobee Landfill, Inc. 7700 SE Bridge Road Hobe Sound, FL 33455 Land Use & Zonina AG-5 (Agricultural— 5) & AG-5 (Agricultural— 5) Staff Recommendation Board adoption of Resolution No. 10-010 granting Major Site Plan approval as outlined in the attached memorandum. Previous Action None. Project Staff Jeffrey Johnson Senior Planner The National Elephant Center 0 ST. LC-ICIE COLINTY F L O R -1 D A -'''— zt z> AGENDA ITEM No. VIII Imm G VPI-&ROVE-RD Subject Property r U m yJ Y u! 0 Location: 114 mile north of Okeechobee Road, adjacent and east of the St. Lucie -Okeechobee County line. Project Description Background The petitioner, the National Elephant Center is The Development Review Committee requesting Major Site Plan approval for (DRC) met on January 7, 2010 and 326.48 acres to provide care to African and recommends to the Board of County Asian elephants; and to contribute research, Commissioners approval of the Major Site support and population management to ac- Plan with conditions as outlined in the credited zoos. attached resolution. The developed area (Phase 1) of approximately 34 acres consists of multiple landscapes linked by a series of paths and trails. The area introduces landform and habitat elements from the savannahs and woodlands of the elephants' home ranges and will contain waterholes, sand dunes, plants and scattered browse. • Two (2) Barns - 12,884 sq. ft. each • Keeper Work Center - 2,516 sq. ft. • Observation Lookout - 1,600 sq. ft. • Two (2) Paddocks—10,500 sq. ft. each • Four (4) Shade Structures - 600 sq. ft. each • Two (2) enclosed pasture areas totaling fourteen (14) acres Recommended Board Action Board adoption of Resolution No. 10-010, granting Major Site Plan approval for the National Elephant Center as outlined in the attached memorandum. Notice Requirements None. Further details are available in the attached staff report or In the Growth Management Department. Phone: (772)462-1680 Email: JohnsonJ@stiucieco.org COUNTY F L O R I D A J Growth Management Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Growth Management Direct FROM: Jeffrey Johnson, Senior Planner DATE: January 13, 2010 SUBJECT: Major Site Plan approval for the National Elephant Center ITEM NO. VIII Background: The National Elephant Center is requesting Major Site Plan approval for the development of approximately 34 acres of a 326.48 acre leased tract (owned by Okeechobee Landfill, Inc.). The project site is located approximately one -quarter mile north of Okeechobee Road, adjacent to the St. Lucie -Okeechobee County line. The remaining +/- 292 acres will remain as undeveloped pasture lands that are currently being utilized for a variety of agricultural activities. As proposed, the National Elephant Center will provide on -site care for a total maximum of ten African and Asian elephants. In addition to offering care and rehabilitation, the Center will also contribute conservation research, support and population management to participating zoos. Access to the developed portion of the property is proposed by a stabilized dirt road, adjacent to 128th Avenue in Okeechobee County (Okeechobee County regulations do not require this road to be paved). The proposed project will consist of two 12,884 square -foot barns, one 2,516 square -foot keeper work center, one 1,600 square -foot observation lookout tower, and four 600 square -foot shade structures. In addition, two enclosed pasture areas totaling approximately 14 acres, and two 10,500 square -foot paddocks will be provided adjacent to the barns. An eight - foot high chain link fence will be placed around the perimeter of the elephant compound. Inside this compound area, a secure, ten -foot high barrier fence consisting of timber utility posts and galvanized wire poles will be placed to contain the elephants on -site. Standards of Review Section 11.02.07 of the St. Lucie County Land Development Code outlines the review standards that are required to be adhered to prior to granting site plan approval. The National Elephant Center MJSP 420093967 January 26, 2010 Page Two Consistency with Local Ordinances and Comprehensive Plan The proposed use is consistent with the general purpose, goals, objectives, policies and standards of the St. Lucie County Comprehensive Plan and complies with the provisions of the St. Lucie County Land Development Code. Effect on Nearby Properties The proposed use will not have any negative or adverse impacts on adjacent properties. The surrounding properties are currently being utilized for agricultural type practices/uses and the closest residence in St. Lucie County is over two (2) miles away from the proposed developed area. Adequacy of Public Facilities The proposed development complies with the provision of providing the necessary public facilities and services. Okeechobee County has approved a driveway connection permit and access via stabilized dirt road adjacent to 128t' Avenue to the site for the proposed development. Okeechobee County regulations do not require this access road to be paved. There is overhead electrical power along the western portion of the site that will provide electrical service. Proposed utilities include new potable wells and septic systems to manage wastewater. The applicant will be required to pay all mandatory impact fees prior to the issuance of a building permit. Environmental Impact The Environmental Resources Department Final Report is attached. The project as proposed will not impact any wetlands. The wetland areas immediately adjacent to the developed areas will be protected from possible non -natural surface water flows and sediment runoff during construction by the placement of silt screens, or other turbidity control measures, along the preserve area perimeter, prior to land clearing and construction. The National Elephant Center has no plans to store elephant manure on -site and which will be spread daily on the entire 326.48 acres of leased pasture. Recommendation Board adoption of Draft Resolution No. 10-010, granting Major Site Plan approval for the National Elephant Center as outlined in this agenda memorandum. Attachments ERD Final Report Draft Resolution No. 10-010 Civil Index of Drawings cc: David M. Tom, P.E. — Construction Engineering Group Michael Powley, County Engineer Ron Harris, County Surveyor Christopher LeStrange, Code Compliance Manager Karen Smith, Environmental Resources Director Paula Bushby, Supervisor, Zoning Division File c6u7rWrY F L O R I D :A444"� ENVIRONMENTAL RESOURCES Final Report TO: Jeff Johnson, DRC Planner (, THROUGH: Karen Smith, Environmental Resources Director FROM: Jennifer Evans, Environmental Planning Coordinator Amy Mott, Environmental Regulations Manager`�KN DATE: December 17, 2009 SUBJECT: The National Elephant Center — Major Site Plan Background: Environmental Resources Department received the application for a Major Site Plan known as The National Elephant Center on April 3, 2009. Environmental Resources staff has completed a site visit and review. The project site is located on a 34 acre portion of the 326 acres leased to National Elephant Center. The 326 acre leased tract consists of the following habitat types: improved pasture; woodland pasture; bay swamp; vegetated non -forested wetlands; and freshwater marshes. The 34 acre project site consists of improved pasture and woodland pasture. There are no wetlands within the proposed 34 acre project boundary. The project as proposed will not impact any wetlands. A fifty -foot buffer will be provided between the 34 acre project boundary and all adjacent wetlands along with an additional 25-foot clear zone to be used by the keepers, for a total of 75 feet of separation. The only native habitat/trees within the 34 acre project boundary will be fenced off with an electric fence to be protected from impacts. The Preserve Area Management Plan states that within a 300 foot radius of the project boundary (an "active maintenance area"): exotics will be removed from all wetlands and buffers; if necessary based on exotic removal, the 300 foot buffer (wetlands and buffers) will be replanted with native vegetation to achieve 80% coverage; and annual monitoring will be conducted by an environmental professional for five years No development is proposed outside of the limits of the 34 acre project boundary, however the current cattle grazing and other agricultural activities are proposed to continue. The applicant is proposing to place "temporary easements" over the State jurisdictional wetlands throughout the 326 lease area for the duration of the TNEC project. The perimeter of the 34 acre leased parcel will be fenced with an 8' chain link fence. The wetland areas immediately adjacent to the TNEC facility will be protected from possible non -natural surface water flows and sediment runoff during construction by the placement of silt screens, or other turbidity control measures, along the preserve area perimeter, prior to land clearing and construction. Conditions of Approval: 1) Prior to approval of a Vegetation Removal Permit or Exemption, the applicant shall have either performed listed species surveys in accordance with Florida Fish and Wildlife Conservation Commission and US Fish and Wildlife Service protocols or shall have provided Environmental Resources Department with correspondence from Florida Fish and Wildlife Conservation Commission or US Fish and Wildlife Service, as appropriate, indicating that such surveys would not be necessary for the site. If surveys are warranted, methods and results shall be provided to Environmental Resources Department per Comprehensive Plan Policy 8.1.12.5. In the event that surveys warrant site plan revisions based on Florida Fish and Wildlife Conservation Commission or US Fish and Wildlife Service recommendations, such revisions would require St. Lucie County review and approval, as per the Land Development Code. 2) The applicant will comply with any state and federal agency regulations and requirements. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have obtained and provided Environmental Resources Department with copies of any required federal and state permits, including but not limited to a US Fish and Wildlife Service (FWS) Incidental Take Permit and associated FWS-approved Habitat Conservation Plan. If federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to SLC for review and approval as required by the LDC. The applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. 3) Should any future development be proposed within the 326 acre leased property, a condition of approval shall be that the wetlands and required buffers be placed under conservation easement. Within 90 days of site plan approval or prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the applicant shall provide the required executed SLC (or SFWMD) conservation easement and the Environmental Resources Department -approved Preserve Area Monitoring and Management Plan (PAMP) with an attached affidavit, and a cashier's check, payable to the Clerk of the Court for the appropriate recording fees, to the County Attorney for review and approval. A copy of this document can be obtained by visiting the SLC Environmental Resources Department website at: http://www.stlucieco.org/Environmental Resources Department/index. htm. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. 10-010 FILE NO.: MJSP 420093967 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS GRANTING THE NATIONAL ELEPHANT CENTER MAJOR SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS THE NATIONAL ELEPHANT CENTER, IN THE AG- 5 (AGRICULTURAL - 5) ZONING DISTRICT FOR CERTAIN PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: The National Elephant Center presented a petition for Major Site Plan Approval to allow for the development of approximately thirty-four (34) acres of a 326.48 acre leased property consisting of two (2), 12,884 square foot barns, a 2,516 square foot keeper work center, a 1,600 square foot observation lookout tower, four (4), 600 square foot shade structures, two (2), 10,500 square foot paddocks, and two (2) enclosed pasture areas totaling fourteen (14) acres in the AG-5 (Agricultural- 5) zoning district for the property depicted on the attached map in Exhibit A, and described in Part B below. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet the minimum technical requirements of the St. Lucie County Land Development Code and to be consistent with the future land use maps from the St. Lucie County Comprehensive Plan. 3. The proposed project is consistent with the general purpose, goals, objectives, policies and standards of review of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 4. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 6. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 7. Water service for the proposed project will be served by on -site wells and sewer will be provided by septic and drainfield systems with permit approval from the St. Lucie County Health Department. File No: MJSP 420093967 January 26, 2010 Resolution No. 10-010 Page 1 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 8. The applicant has applied for and received a certificate of capacity, a copy of which is attached to this order as Exhibit B, as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.07 of the St. Lucie County Land Development Code, the site plan for the project to be known as The National Elephant Center is hereby approved as depicted on the site plan drawings for the project prepared by Construction Engineering Group dated January 4, 2010, and date stamped received by the St. Lucie County Growth Management Director on January 15, 2010, for the property described below, subject to the following conditions: 1. Development of the site is limited to the thirty-four (34) acre portion of the 326.48 acre site as approved by the Board of County Commissioners. All adjustments or modifications must be approved by the Board of County Commissioners, unless the proposed adjustments are required to meet conditions of approval or are in accordance with Section 11.02.04(C) of the Land Development Code. 2. Prior to approval of a Vegetation Removal Permit or Exemption, the applicant shall have either performed listed species surveys in accordance with Florida Fish and Wildlife Conservation Commission and US Fish and Wildlife Service protocols or shall have provided Environmental Resources Department with correspondence from Florida Fish and Wildlife Conservation Commission or US Fish and Wildlife Service, as appropriate, indicating that such surveys would not be necessary for the site. If surveys are warranted, methods and results shall be provided to Environmental Resources Department per Comprehensive Plan Policy 8.1.12.5. In the event that surveys warrant site plan revisions based on Florida Fish and Wildlife Conservation Commission or US Fish and Wildlife Service recommendations, such revisions would require St. Lucie County review and approval, as per the Land Development Code. 3. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have obtained and provided Environmental Resources Department with copies of any required federal and state permits, including but not limited to a US Fish and Wildlife Service (FWS) Incidental Take Permit and associated FWS-approved Habitat Conservation Plan. If federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to SLC for review and approval as required by the LDC. The applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. 4. Prior to any future development beyond this development approval of 34 acres within the 326.48 acre leased property, the developer, successor or assign shall be required to place the wetlands and required buffers under a conservation File No: MJSP 420093967 January 26, 2010 Resolution No. 10-010 Page 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 easement. Said conservation easement must be executed within 90 days of site plan approval or prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the applicant shall provide the required executed SLC (or SFWMD) conservation easement and the Environmental Resources Department - approved Preserve Area Monitoring and Management Plan (PAMP) with an attached affidavit, and a cashier's check, payable to the Clerk of the Court for the appropriate recording fees, to the County Attorney for review and approval. A copy of this document can be obtained by visiting the SLC Environmental Resources Department website at: http://www.stlucieco.org/Environmental Resources Department/index.htm 5. If prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, the permitted project should cease all activities involving subsurface disturbance in the immediate vicinity of such discoveries. The permittee, or other designee, is required to contact the Florida Department of State, Division of Historical Resources, Review and Compliance Section. B. The property on which this Major Site Plan is being approved is described as follows: A parcel of land lying in a portion of Sections 19 and 30, Township 36 South, Range 37 East, St. Lucie County, Florida and being more particularly described as follows: Beginning at the southeast corner of Section 24, Township 36 South, Range 36 East, Okeechobee County, Florida, said point being the point of beginning; thence north 00 degrees 31 minutes 35 seconds west along the east line of the southeast one -quarter of said Section 24, for 1,672.86 feet; thence departing said east line north 89 degrees 28 minutes 25 seconds east, for 50 feet to a point on a line 50 feet east of and parallel with aforesaid east line of the southeast one - quarter of said Section 24; thence north 00 degrees 31 minutes 35 seconds west along said parallel line, for 377.07 feet; thence departing said parallel line north 68 degrees 16 minutes 54 seconds east, for 425.24 feet; thence north 52 degrees 43 minutes 18 seconds east, for 305.26 feet; thence north 03 degrees 30 minutes 23 seconds east, for 191.46 feet; thence north 16 degrees 35 minutes 46 seconds east, for 234.32 feet; thence north 12 degrees 17 minutes 34 seconds west, for 112.98 feet; thence south 84 degrees 23 minutes 26 seconds west, for 280.99 feet; thence north 05 degrees 13 minutes 14 seconds west, for 235.06 feet; thence north 52 degrees 28 minutes 11 seconds west, for 509.57 feet to a point on a line 50 feet east of and parallel with the east line of the northeast one - quarter of said Section 24; thence north 00 degrees 31 minutes 04 seconds west along said parallel line, for 1,701.61 feet to a point on a line 50 feet east of and parallel with the east line of the southeast one -quarter of Section 13, Range 36 South, Township 36 East, Okeechobee County, Florida; thence north 00 degrees File No: MJSP 420093967 January 26, 2010 Resolution No. 10-010 Page 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 31 minutes 28 seconds west along said parallel line, for 1,313.73 feet; thence departing said parallel line north 89 degrees 36 minutes 52 seconds east, for 2,516.39 feet; thence south 00 degrees 23 minutes 08 seconds east, for 3,668.17 feet; thence north 73 degrees 23 minutes 10 seconds west, for 249.76 feet; thence north 39 degrees 46 minutes 42 seconds west, for 429.92 feet; thence north 76 degrees 48 minutes 36 seconds west, for 126.12 feet; thence south 52 degrees 32 minutes 17 seconds west, for 261.81 feet; thence south 05 degrees 57 minutes 11 seconds west, for 126.55 feet; thence south 20 degrees 19 minutes 58 seconds east, for 143.23 feet; thence south 51 degrees 57 minutes 09 seconds west, for 290.84 feet; thence south 18 degrees 17 minutes 07 seconds west, for 260.91 feet; thence south 42 degrees 00 minutes 23 seconds east, for 163.16 feet; thence south 71 degrees 55 minutes 29 seconds east, for 149.19 feet; thence south 09 degrees 25 minutes 11 seconds east, for 266.06 feet; thence south 65 degrees 06 minutes 45 seconds east, for 242.42 feet; thence south 21 degrees 39 minutes 16 seconds east, for 295.44 feet; thence south 24 degrees 44 minutes 18 seconds west, for 212.78 feet; thence south 26 degrees 11 minutes 59 seconds east, for 193.94 feet; thence north 89 degrees 36 minutes 52 seconds east, for 509.88 feet; thence south 00 degrees 23 minutes 08 seconds east, for 1,206.92 feet; thence south 89 degrees 36 minutes 52 seconds west, for 2,551.87 feet to a point on the east line of the northeast one -quarter of Section 25, Range 36 South, Township 36 East, Okeechobee County, Florida; thence north 00 degrees 02 minutes 11 seconds west along said east line, for 110.62 feet to the point of beginning. C. The approvals and authorizations granted by this Resolution are for the purpose of obtaining building permits on this property, and shall expire on January 26, 2012, unless the developer has obtained building permits for the site plan described in Part A or an extension has been granted in accordance with Section 11.02.06.B.2., St. Lucie County Land Development Code. D. The Major Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioners, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to: the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Part B. E. The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid for the period of Site Plan approval. Should the Site Plan approval granted by this resolution expire or an extension be sought pursuant to Section 11.02.06.B.2. of the St. Lucie County Land Development Code, a new certificate of capacity shall be required. F. A copy of this resolution shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Growth Management Director. File No: MJSP 420093967 January 26, 2010 Resolution No. 10-010 Page 4 G. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. H. The conditions set forth in Part A are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. I. A copy of this resolution shall be mailed, return receipt requested to the developer and agent of record. This resolution shall be recorded in the Public Records of St. Lucie County. The recording of this resolution does not authorize the commencement of any on - site development activities without obtaining such further development permits as may be required. After motion and second, the vote on this resolution was as follows: Charles Grande, Chairman XXX Doug Coward, Vice -Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this 26th day of January 2010. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA m Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CLERK COUNTY ATTORNEY File No: MJSP 420093967 January 26, 2010 Resolution No. 10-010 Page 5 `k o N Con cu v rn NN \r SCR CL m --- sit<C,4 v a todta^ r a I, I I I ve La9pO� ❑u �ry eive,'° j f F �t a10 R MI.� - ' Sdate PkvN rr4 1 d m m z s sz s team = Me osoily� a a s� Q '; n' PN8 -OM-OM3S Pod rn a aH Pa suolua( Pa ! 0 1 q e ; Pnlg eubX¢S ? g- A _m H AMH s6wHtl �.. , 18 g Pa alowwag.. 2 ouuol AA $ = any uoslaw3 Pi'uolsuyof t° a s� smtat. 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CLO C �U `.o M c Q Z CY) tU cV Q 0 Q d. �y. �o co p �y��F��`� D :�_• Q U Z Lti Q m Ln Q C: Q o U � (D U) U Alunoo aion-1 'fig Ajunoo aagoyoaajp EXhA I IJ� IT 11 11 St Lucie County Certificate of Capacity Date 12/29/2009 Certificate No. 2849 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development The National Elephant Center Number of units Number of square feet 2. Property legal description & Tax ID no. 311921100010009 & 313021100010004 E. of the Okeechobee Landfill The National Elephant Center 3. Approval: Building Resolution No. 10-010 Letter 4. Subject to the following conditions for concurrency: See attached Resolution for details on the number/type of units and combined square footage Owner's name The National Elephant Center Address 5555 Zoo Boulevard Wichita KS 67212 6. Certificate Expiration Date 1/26/2012 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed Growth Management Director St Lucie County, Florida Tuesday, January 05, 2010 Date: 1/5/2010 Dawn Milone From: Chris Newman Sent: Wednesday, January 13, 2010 11:59 AM To: Dawn Milone Subject: RE: Please advise as soon as possible No bankruptcy or foreclosures. Thanks - From: Dawn Milone Sent: wednesday, January 13, Zulu 11W AM To: Chris Newman Subject: RE: Please advise as soon as possible Okeechobee Landfill INC. Pt( • Agzie (6� (VMWA �mem 772-- -62- -1687 From: Chris Newman Sent: Wednesday, January 13, 2010 11:52 AM Tn• Dawn_ Milone Subject: RE: Please advise as soon as possible I need owner's name. From: Dawn Milone Sent: Wednesday, January 13, 2010 11:39 AM To: Chris Newman Subject: Please advise as soon as possible Dear Chris, Are there any foreclosures or bankruptcies pending on the below parcels. 3130-211-0001-000-4 3119-211-0001-000-9 Thank you, Dawn 1 ST. LUCIE COUNTY -GROWTH .MAWAGEMENT 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 -co.t4ucie:fl:us/growth DEVELOPMENT APPLICATION Prior to submittal,_ all applications require a completeness review. Please contact the Growth Management Department to schedule an appointment. Submittal Type fcheck each -that applied Site Plan Varia— Major Site Plan Variance ® Minor Site Plan ® Variance to Flood Damage Prevention ® Major Adjustment to Major Site Plan -❑ Variance to Coastal Setback Line Major Adjustment to Minor Site Plan ® Major Adjustment to PUD/PN-RD/PMUD ® Minor Adjustment. to. Major Site. Plan. 13 Minor Adjustment to Minor Site Plan 13 Minor Adjustment to PUD/PNRD/PMUD - Planned Development Planned Town or Village (PTV) ® Planned fountry Suhdivision (PCS) ® Planned Retail Workplace (PRW) ® Prelim. Planned Unit Develop. (PUD) 0 Prelim. Planned Mixed Use Develop. (PMUD) 0 Prelim. Planned Non -Res. Develop. (PNRD) D Final Planned Unit Develop. (PUD) ® Final.Planned Mixed Use Develop. (-PMUD) ®,Final Planned, Non -Res., Develop..(PNRD) Conditional Use' E Conditional Use 0 Major Adjustment to a Conditional Use 13 Minor Adjustment to. a.Conditional, Use Rezoning 3 ® Rezoning (straight rezoning) 0 Rezoning (includes PUD/PNRD/PMUD) ci Rezoning with Plan Amendment Comprehensive Plan Amendment 4 ® Future Land Use Map Change ® Comprehensive Plan Text Amendment Other- .® _Class.A Mobile Home 5 Electrical Generation Plants ® Extension to Development Order ® Historical Designation/Change 6 13 Land Development Code Text Amendment' Plat ® Resubmittal # 8 ® Stewardships — Sending/Receiving ® Telecom Tower (Submit per LDC 7.10.23) 13 Transfer of Development Rights © Waiver of Parking Standards Application -Supplement-Packages 1. Conditional Use 4. Comp. Plan Amendments 7. LDC Text Amendment 2. Variance 5. Class A Mobile Home 08. Resubmittal 3. Rezoning 6. Historical Designation/Change . . Refer to Fee Schedule for applicable fees. For an application to be determined complete all required materials must be'included at the time of -submittal along with the appropriate non-refundable fee(s). Page 1 of 6 AM 6 32br Revised June 20, 2008 FEE CALCULATION WORKSHEET SITE DEVELOPMENT -PLANS — GROWTH MANAGEMENT Application Type: Major Site Plan Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) E3 BASE REVIEW FEE- d2,000.00 p CONCURRENCY FEE: d4-00.D0 El ERD-REVIEW FEE: S1100.00 ID PER- ACREAGE CHARGE2,764.80: Q RESUBMITTAL FEE: (if applicable) k. M PRE -APPLICATION MEETING FEE: $( 250.00 Receipt No. of Payment: 947 6 Date of Pre App: j2/0i8 TOTAL APPLI-C- ATON- FEES- DUE: 45,264.80 SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code [3 $950.00 — Methodology Meeting (If Applicable — for Major Site Plans and PUD only) • Additional fees will be- due if a P patty traffic study review is needed. These services- will be invoiced to applicant upon receipt of quote of services from 3`d party. • Please note: For all projects requiring public notice, you will also be required to pay St. Lucie County Growth Management for the actual cost of ad and mail notices, and will be responsible for creation and placement of signage, including all costs. associated. Mark C. Reed, Chairman kLL `e Applicant Name (Printed) Signature of applicant (FQr,Qfiice. trse one) . Page 2 of 6 Revised June 20, 2008 Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: 0 Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 9 copies) M Aerial Photograph — property outlined (available from Property Appraiser's office p Property Deed Legal description., in NIS Word format, of subject property Ea Property Tax Map — property outlined (electronic copy not required) El Survey El 2 CDs of all documents submitted - with files named according to the Required Document Naming List. (attached) M Concurrency Deferral Affidavit (Prelim. Development Orders only); or 11 Description anal- analysis of the impact of the development. on. public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site .Plan and Planned Development Applications rnust also include: El Site Plan 24"x36" at a scale of V=50' (10 copies- folded, not rolled) p Boundary Survey — Signed and Sealed (1 original and 9 copies) ID Topographic Survey — Signed and Sealed (1 original and 9 copies) 0 Landscape Plan — Signed and Sealed (1 original and 9 copies) E3 Traffic impact Report IR) (4 copies) if; o 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) E Environmental Impact Report (4 copies) if: (See LDC Section 11.02.09(5)) o The property is ten acres or .greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year flood Plairr;. o Development on N. or S. Hutchinson Island Deveopment Order Extension Applications only require the following: 0 :Letter of justification — submitted at feast 2 weeks pnor.to expiration..:(LDC 1102.06) ©- Updated Traffic Analysis if applicable 0 Approved Resolution or GM Order *Please- note: Only a- surveyor, attorney, or titre- agent is -authorized -to provide a legat.description. The. legal descriphon .provided on the property appraise-r's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it will-invatidate the- results of -any hearing(s). Page 3 of 6 Revised June 20, 2008 Project Information Project Name: The National Elephant Center Site address: TBD Marcel I N umber s : 31.30-211-0001-0.00-4 3119-211-0001-000-9 Orin♦ rlo0nrin+i__. fALa__L k —c-1 l --#u —d+ y►leets ►r necessary — atsu must be provided in M-S Word format on CD APuS+/of Wdl,4y.La.Mulon.eliSeJo J9W 3Y, 7ewuY1V D66wih.IWR77BSN.SS-LutleC+v.ly, Farih+ndboM.orue pniabA!'.dao:htl a�.fallorr BEGMNINC-ei $606r coruofSogie2a,Tow"p36Setk Rees 36 Eul OloNobba Canty, PlaNy rw pia hht de POINT OF BBOMNING; Then Nash 00l175•W-"oft eo Eeollneefge Saeheu oosquvlc(Sfil/a7 ofrid Jaalm ia.lbS I.JT3.t66eG 7hsxe dewdiKlW Fie lice Noeht921TS Eel fa 50.00 f i to • pniN e • bout J0.W Eat ofand p-lhl thh.fmoW E., it..f1hS SatMSe eSyoma (SE IN) o(rd &aiea 24; Them NeE" Jim'33• Weal ltmt ft paalhl (SE 1143 377.07 ha;,.24, . 1,571 P—W Bes-Nalb6"16•Sa' Erb fora251a fat; 7hmos North 33•a3'IF But, foe30J76,6.; Throe --Noah 03.3013' Eae; far 19i.a4 eW Iwt; then NM of*''a6`B.r19Y 23W3 r—, Thrr NwhJrJ?W Waif -I.I a.91f .Thera Scum 2)'36'Wrtet .210.90.fri TheseN Ii 0!•Wb WaSbar allul Weer: ThousNmh52.3E11•Wee.faJ09.T/1ettea poetm•G.e 5660 Fat slydpnlNlMmthe EatBm of du Nadh ao as.yeete(NE 1N)Of i Saioo 24; Tito —Ninth .1W"W- alms rid pedlel Iloy fw 1,T01.61 fat ee pohd oa • lie 5.B. du efSMprylel +ilh m E.e lma of th Jw,heu ooS.yw,o (SE 1/1) of Seaim I3, Rmp 36 Swlh, Tswv6lp )6 F+R Ohwehohee Canty, Flmlde Theo Nmh 0071N Ws tb tW NanhD9'36'S2•.Bop,.fer2a1619.kct 3heett.$aWh.00Z3b9' Eui, f r 3.66i.17.fe; Tbms.Nwth 73 33't0' W+q yx�69.76 6 puoBd Oa•, 6u 1,713.7J Mr, TEeae depuyet rW puyM leu South OS'STI I' Watt fr 136�5 foSr, Them Sauh IP79'S1' 71Sae Np�19'Yd3' W: Sb ���: Lere.Narth 26'Y'l6' We4 fr 13b.11 fat: Theca South 52'3717' WrA, for 261.t 11¢T 7heeee Fa4 fs tou; T Pe.G T6sa $mlh 3177'09• W 95.fa t; Tkat; These Satin, 11. w411, WeS f 260.91 ASr, Them Soup,al'W37' EuS fw 16).16 4eG TMua Satoh 71.3779' Faq far 1N.19 Ast; 7hme Sash F.-Ow I` PrS far t; Th tn, Thth Booth' Wit 3• Fsl fa 12a2 fat; Thera SeeA 21.3916' EuS fa 29lAa frG 7heoa 5oah la'M'll' WuS fer 11271 f G Throe South 7b'l l79' Eea, fro I93.9a fur, Thr North W36'S2• EaG M 309 p Rer Thera Saud, W.23W POINT7, BIMG fnet;.7hSas Saab 19.76.32' WaS,Rr 3,131 A7 fro m o point m the &e Bm of%, No"b-1 m•9— (NE IN) of Stedea 25. R-0 36 South, Torwhip 36 Ent, OLo d b. Cmoty, n.tiob; Theme Penh MTTTI- W I SIMS SId Fast Iloel 18r I MAZfh t b dh POMF OF BBGB9MNG. hr-416t oeeevee, riobefwq. eo emm.--oh— W rrtheime dfS.r 4If-y. Soil hod. IYbe rd Sbee in SL lath Canty, TWwL SW heb -ate. 32[43 obe, eosar has Property location — Section/Township/Range: 30/36S/37E; 19/36S/37E Property size — acres: +/- 326.48 Square footage: +/- 14,221,468.80 Future Land Use Designation: AG-5 Zoning District: AG-5 The National Elephant Center proposes to construct a 1,653 S.F. keeper work center, an observation tower, two large 13,975 S.F. barns for Asian and African elephants, and two 10,500 S.F. elephant paddocks which are adjacent to the barns. The keeper work center will include and office, toilet/shower, refrigerators, equipment storage, and a 4-stall garage/workshop open on one side. The observation tower would provide viewing .for staff and guests for up to 5.0 peap.le and would stand roughly i0 feet above grade. Each barn will initially accommodate up to nine animals. Enclosure fencing for the paddocks will be constructed of 9 ft tall posts and rigid horizontal rails. Surrounding a central hub outside the barns are habitats that can be subdivided and used in a variety of ways including introductions, quarantine, training activities and births. tMttacn aaamonai sneers It necessary) Type of construction (check all applicable boxes): ® Commercial Total Square Footage: Existing Proposed: ® industrial Total Square Footage: Existing Proposed: :Residenbai No. of .residential units: Existing Proposed: No. of subdivided lots; Existing Proposed. El Other Please specify: Center for .elephant:housingarid habitation - Number and size of out parcels (if applicable): Page 4 of 6 Revised June 20, 2008 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. orKNOWLEDGMENTS Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. Tim Hawkins - OKEECHOBEE LANDFILL, INC. wner Signature roe Owner Name (Printed) NowmMailing Address: 7700 S.E. Bridge Road PhoneT772) 545-1327 If more than one owner, please submit additional pages Hobe Sound, FL 33455 STATE OF rl-or , COUNTY OF ro The foregoing instrument was acknowledged before me this day of 2QIZ-- by Ti Marl v HAW 1 i 1VS who is personally known tome or who has produced as identification. ignature of ota Commission Number Page 5 of 6 Revised June 20, 20OS �OSf�L;NW V e 9 C- ype or Print ame of Notary "��'c ROSAUNA VEGA (Seal) * � * MY COMMISS10N f DD 803431 EXPIRES: October 9, 2010 or�°eorfcWThmBudgetNot&ySerkes Required Document Naming List * All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. Document Document Format Required Name on CD Aerial Photograph PDF Aerial df A plication PDF A tication. df Approval Order Architectural PDF rovalOrder. df Elevations PDF ArchElev. df Bounda / Topographic Survey PDF BoundaryTopo.pdf Drain / Stormwater Plan PDF Drain ePln.prdf Easements PDF Easements. df Environmental impact Re ort PDF or Word EIR. df or EIR.doc Existin Condition Plan PDF Existin Cond. df Flood Plain PDF or Word 'Flood. df or Flood. Moc Landscape Plan PDF Landsca e. df Legal Description Word Le al.doc Lighting Plan PDF Li htin df Mitigation Plan PDF . Miti ation. df Mobile Home Plans PDF or Word MobileHome, df or MobileHome.doc PDF Pavin df nal PDF Permit. df Plat. df or Plat.docd aeE PDF PDF Deed. df PDF SitePlan. df Traffic Impact Report PDF or Word TIR. df or TIR.doc Tree SurveyPDF Tree. df Turtle Protection PDF or Word Turtle. df or Turtle.doc Utilii Plan PDF Utilii . df Ve etation Removal Application PDF Vegetation.�df Page 6 of 6 Revised September 2, 2008 FLORIDA DEPARTMENT OF STATE Kurt S. Browning Secretary of State DIVISION OF HISTORICAL RESOURCES Mark C. Reed, Chairman March 4, 2009 The National Elephant Center Sedgwick County Zoo 5555 Zoo Boulevard Wichita, KS 67212-1698 Re: DHR No.: 2009-0605/Received by DHR: February 6, 2009 Applicant: Mark Reed Project: The National Elephant Center St. Lucie County Dear Mr. Reed: Our office received and reviewed the referenced project in accordance with Chapters 267 and 373, Florida Statutes, Florida's Coastal Management Program, and implementing state regulations, and in accordance with Section 106 of the National Historic Preservation Act of 1966, as amended, implemented by 36 CFR Part 800; Chapter 267, Florida Satutes; Florida's Coastal Management Program; and applicable implementing state regulations. The purpose of this review is to identify possible impact to historic properties listed, or eligible for listing, in the National Register of Historic Places, or otherwise of historical, architectural or archaeological value. The State Historic Preservation Officer is to advise and assist state and federal agencies when identifying historic properties, assessing effects upon them, and considering alternatives to avoid or minimize adverse effects. A review of the Florida Master Site File data indicated that no significant archaeological or historical resources are recorded within the project area. However, the project area contains environmental conditions consistent with those found at other archaeological sites in St. Lucie County and has not been subjected to systematic professional archaeological or historical investigation. Therefore, it is the opinion of this agency that, in addition to the standard permitting condition, this permit, if issued, should include the following special condition regarding unexpected discoveries during ground disturbing activities on the property: If prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, the permitted project should cease all activities involving subsurface disturbance in the immediate vicinity of such discoveries. The permittee, or other designee, should contact the Florida Department of State, Division of Historical Resources, Review and Compliance Section at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Project activities should not resume without verbal and/or written authorization from the Division of Historical Resources. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Section 872.05, Florida Statutes. 500 S. Bronough Street • Tallahassee, FL 32399-0250 • http://www.flheritage.com O Director's office O Archaeological Research O Historic Preservation (850) 245-6300 • FAX: 245-6436 (S50) 245-6444 • FAX: 245-6452 (850) 245-6333 • FAX: 245-6437 Mr. Reed March 4, 2009 Page 2 For any questions concerning our comments, please contact Stacey Cahan, Historic Sites Specialist, by phone at (850) 245-6333, or by electronic mail at dscahanC&dos.state fl us. We appreciate your continued interest in protecting Florida's historic properties. Sincerely, Frederick P. Gaske, Director, and State Historic Preservation Officer Mr. The National Elephant Center Preserve Area Management Plan Prepared For: St Lucie County Environmental Resource Department Prepared By: crossroads ENVIRONMENTAL WHERE ENVIRONMENTAL PROTECTION AND ECONOMIC POTENTIAL MEET 1251 SW 27`' Street; Suite 2 Palm City, Florida 34990 772-223-5200 ©Crossroads Environmental Consultants, Inc. October 2009 Introduction The National Elephant Center (TNEC) is a 34 acre proposed project located within the limits of a 326 acre leased property. The following Preserve Area Management Plan (PAMP) is submitted on behalf of TNEC and in accordance with St. Lucie County Land Development Regulations and the Comprehensive Plan. No wetland or upland preserve areas are located within the limits of the Elephant Center Project, therefore no preservation or restoration is proposed within the limits of the 34 acre active project area. Based on State jurisdictional determinations, wetlands are located adjacent to the limits of the TNEC project area and maintenance through exotic and nuisance plant removal is proposed to all wetland and buffer areas within a 300 foot radius of the project. Additionally, no development is being proposed outside of the limits of the National Elephant Center's 34 acre leased section of property. The remaining lands within the 326 acre parent property will remain in their current state as active agricultural lands. Preservation and protection of all wetlands within the 326 acre parent property for the duration of the National Elephant Center project lease shall be ensured through the placement of temporary conservation easements over the State jurisdictional limits of the wetlands. The proposed easements will remain active for the duration of the National Elephant Center Project. Based on proposed requirements from St. Lucie County Environmental Resource Department, additional preservation activities are also proposed through the implementation of an active maintenance area to be established throughout all wetlands and buffers within a 300 foot radius of the active project location. Maintenance within the 300 foot buffer zone will be the responsibility of the National Elephant Center for the duration of the project. The proposed management activities along with preservation of all wetlands within the 326 acre parent property through temporary easements are the major components of the project's proposed preservation activity. The vegetative success criteria for the 300 foot buffer management areas includes the goal for aerial coverage of exotic vegetation at zero percent and nuisance vegetation limited to 5 percent or less within two years. After five years, the buffer areas will meet the vegetative success criteria of aerial coverage of exotic vegetation at zero percent and nuisance vegetation limited to 5 percent or less. All wetland areas outside of the buffer management areas will be maintained in their current state as part of active agricultural lands. No development activity contrary to normal agricultural and grazing practices will occur on the parent property without a modification of this PAMP Marking and Barricades The wetland areas immediately adjacent to the proposed TNEC facility will be protected from possible non -natural surface water flows and sediment runoff during construction by the placement of silt screens, or other turbidity control measures, along the preserve area perimeter, prior to land clearing and construction within 300 feet of a wetland area. If wetlands are located within 100 feet of the proposed TNEC facility or its proposed access points, high visibility orange safety fence, or similar material, will be placed a minimum 50 feet exterior to the perimeter of the affected wetland areas prior to land clearing and construction. St. Lucie County ERD staff will be invited to inspect the installed barricades prior to wholesale clearing and grading of the proposed facility. The long term management of the site includes fencing the perimeter of the 34 acre project and the creation of a secure separation from the remaining parent property. Replanting with Native Vegetation If necessary based on the exotic and nuisance removal, the 300 foot buffer will be replanted with native vegetation to achieve 80% coverage. The plant material will consist of similar species found within an open pasture community in western St. Lucie County. The actual plant material quantities will be a site -specific decision. However, the following plant list has been established for the site and is based on observations of adjacent lands. The quantities listed are assuming a restoration of one acre. The actual quantities may vary depending on the size and nature of the area to be planted. Restoration Planting Quantities Common Name Scientific Name Size �fuantiiy Ova"116 Soft Rush Juncus spp. br 31 2' O.0 Pickerelweed Pontederia spp. br 31 2' O.0 Wax Myrtle Myrica Cerifera 1 g 5 5' O.0 Maidencane Panicum hemitomon br 31 2' O.0 Swamp Fern Blechnum serrulatum br 27 2' O.0 Broom Grass Andropogon spp. br 31 O.0 Rusty Lyonia Lyonia spp. lg 7 O.0 P2'0.Cj Sand Cord Grass Spartina bakeri br 24 The vegetative success criteria for the potential restoration area includes the requirement for 80 percent coverage of desirable vegetation by the end of the second year, and aerial coverage of exotic vegetation at zero percent and nuisance vegetation limited to 5 percent or less. After five years, the potential restoration areas will meet the vegetative success criteria of 80 percent coverage of desirable on and aerial vegetati coverage of exotic vegetation at zero percent and nuisance vegetation limited to 5 percent or less. Wetland Preservation and Buffer Restoration The habitat preservation and restoration activities proposed will incorporate the off -site, adjacent State jurisdictional wetlands within 300 feet of the proposed TNEC facility. No wetlands are located within the limits of the 34 acre National Elephant Center Project. However, wetlands are present within the adjacent parent property. All wetlands within the remaining ±292 acres will be preserved by the placement of a temporary conservation easement to remain in place for the duration of the National Elephant Center Project lease. These wetland areas are located within the limits of active agricultural operations. These agricultural and grazing operations are proposed to continue and the wetlands will be maintained in their current state. Additionally, as part of the project's preservation activities a maintenance area will be established throughout all wetland and buffer preservation areas within 300 feet of the 34 acre National Elephant Center active project area. Eradication of nuisance and exotic vegetation shall occur within this 300 foot maintenance area. Maintenance activities are described in detail as follows. Eradication of Nuisance and Exotic Vegetation • All nuisance and exotic vegetation as listed by the Florida Exotic Pest Plant Council will be eradicated from wetland and buffer areas within 300 feet of the active project limits. • The criterion for completion of the woody exotic eradication will be 100 percent kill. If initial eradication efforts do not achieve this criterion, follow up treatment will be conducted. • Any debris removed will be handled in accordance with the disposal specifications. • Transport of vegetative debris from the wetland and buffer areas to the debris staging area will be conducted in a fashion that minimizes the distribution and dispersal of seeds from such debris. • No cut exotic or nuisance vegetative material will be left in the wetland or buffer areas. • All vegetative debris, either whole or chipped/mulched will be hauled off site and disposed of at a landfill or other such appropriately licensed facility. Herbicides are required for the treatment of all stumps of woody vegetation to prevent re -growth, and for eradication of non -woody exotic and nuisance vegetation. All herbicide application activity will be conducted under the supervision of a Florida Department of Agriculture licensed applicator, licensed for application of aquatic herbicides. All herbicides applied within the wetland area must be properly labeled for application in wetlands. All herbicide applied must include a visible tracer dye in the mix to facilitate observation of treated vegetation. Activities Prohibited In Preserve Areas Activities prohibited in the Preserve Areas or easements within Preserve Areas include, but are not limited to: construction or placing of building materials on or above the ground; dumping or placing soil or other substances such as garbage, trash, and cuttings; manual or mechanical removal or destruction of native trees, shrubs or other native vegetation; excavation, dredging or removal of soil materials; diking or fencing; vehicular traffic and off -road vehicles; permanent irrigation; trimming, pruning, or fertilization; and any other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife conservation and preservation. Agricultural operations such as the grazing of cattle shall still be permitted and wetland and buffer areas will be maintained in their current state. Monitoring Annual monitoring of the maintenance area shall be conducted by an environmental professional each year, following issuance of a certificate of occupancy for the project. Monitoring reports shall contain the name and address of the lessee and the location of the preserve area (site/project name, parcel control number, section/township/range etc.). Specifically, each yearly monitoring report shall contain sufficient color photographs showing the maintenance area (wetland and buffer preserves within 300 feet of the active project area) taken from fixed reference points shown on a plan view drawing. Additionally, vegetative coverage and composition along with changes including encroachment of exotic vegetation shall be discussed along with any maintenance activities conducted in accordance with the PAMP requirements such as exotic vegetation removal, and any additional enhancement activities necessary to maintain these areas. Any documented violations of this PAMP and subsequent recommendations for remedial actions needed in order to bring these areas into compliance shall also be included. In addition to vegetative coverage and composition documentation, the wildlife utilization, or indicators of wildlife (i.e. tracks, scat, etc.) within these areas will also be noted. The monitoring will be conducted on an annual basis for five years with data collection at or near the end of the wet season. The reports provided at the end of two years will include a discussion and conclusion regarding achievement of the success criteria as per the PAMP. The applicant will submit to inspections of preservation areas within 18 months of the approved Vegetation Removal Permit. Maintenance Each monitoring report will include recommendations for maintenance if necessary. The threshold for maintenance requirements will include aerial coverage of five percent or more total vegetative coverage by nuisance or exotic vegetation within the designated "maintenance area" (preserve areas located within a 300 foot radius of the National Elephant Center active project area) at any time during the monitoring period. The vegetative success criteria for these areas includes the requirement for aerial coverage of exotic vegetation at zero percent and nuisance vegetation limited to five percent or less. Maintenance will be provided for the duration of the lease in accordance with permit requirements and County approval. At the request of St. Lucie County ERD staff, the dates for field data collection will be provided in advance so that arrangements can be made to accompany the field biologist during the monitoring. The schedule for conducting the proposed habitat preservation activities is based on the date of permit issuance from the appropriate agencies. The following schedule is proposed, which will provide for specific dates upon permit issuance. Activity Field locate limits of wetlands and buffers within 300 feet of active project limits (designated preserve maintenance area) Install turbidity and preserve barrier Agency inspection of preserve area Conduct initial clearing of project area Conduct Baseline Monitoring Months after Permit Issuance 1 month 2 months 2 months 4 months 4 months Conduct exotic removal within designated preserve maintenance area Install fill within the construction area First Annual Monitoring Report Second Annual Monitoring Report Third Annual Monitoring Report Fourth Annual Monitoring Report Fifth Annual Monitoring Report 5 months 6 months 10 months 22 months 34 months 46 months 58 months 1 Before submitting your Plane to the Building bepatt wt... you BUIST complcoe the Mowing (the building depuU= cam MU xw= ftAlmoW gaesdons for your drivway) Nodes to Rower & Conl�_a A) 00 to the Road hiaintenano0 DgwkocW @ SN N.W. 2-d Sttwc betwM the boos of lam & 3 pm, Monday f (except Holidays) (863) 763-3514. B) Submit ph= and oougdcb thin hnn, indicating where you deelre to mobil your driveway. 7U emir oft* ps opeumd Mvswey milt be mmJmd on l / I will mark the curter ofp mpoeed drhVway with one of the following: (ampet be noted far permit is be proce=4 () A seeks mardkaag the txuotrr tine of p mpwW driveway on back slope of ewraWdiich () A W& COW ashler NO rymbW Painted on the 0* of pavement () Driveway to be oeNnvd on garage door oponing (meet be viable) C) Install your driveway 000neetion in accordance to the directions and gmcMrA* ae es provided by the Read Mandonmx Depart =M D) Wba complete, call to Road Maiusmaance Depare>amd for an installation impectkm of your dtivrwnay; if it b unacceptable, you w61 have to correct my deMaadea and call fir awdw inspection. Wben it is avupMle, the Road Malnkniinve DepatbnW WM ewd a sIONED copy of yell driveway penit to the Buildimg Department indicatieg that Your building permit, wban ready, sae he isaucd. E) PdOr io a {ant iaapecd= 013WOf the ismaace of a Cer ificde of Oecopaocy by the building degmto at, tbt Road Maintenance Depar m et will perftem s that iaapeadon of the prCjeu:t to W=" dal no damage to tba roadway. pbouldw, swats or driveway eonaection hu om mv& If dam o bat ownrod, the WPltcattt of ft buildmg gatm it is nsponlble to vetted in aooa Wd nn io tba Road Mdumgp F 1)accees 1m pmperV only asses the approved driveway ccenwbaa. Any and all (no matter who caused the daimp) will be the ;rgpt> 2W of tltc appgcant of the builft permit to correct in aoeeedanoe with Road Maintenance D40rt ummt 2) Driveway co=vWon pcmts will be required for every pored requiring unumnee of a building paa =L WWWnCYN: Ames. Depaadhrg on the project. the .Rued MWxftMM DgUatmMnt may arty have to TmeW yotn' plena end sign off on to drlvaw► Patmit Depending ou else pzgjeat, 4 tempowy driveway connection maybe required, the same ptoceda[e So stscted above WM be Rrllowed, me* that the tempQary ddwwmy"hoe in be ramoved prior to a final in• 6MM. James E. Trevathan, President of Property ottms'a nat;1C: Okeechobee Landfill, Inc. ph= # 863-763-1611 Fax# 883-763-S529 3119-211-0001-000.9 & Pared Address :+ Pared id ion a mtter: 31 �r�711-o(tD1_nnn-e CGUftWWN..W Davis Construction phone N 772-461-8335 FOX # 772-466-7665 0 pamasrent Driveway Cam o Temporary Driveway Camntection Ire OC 1t11ptm d0a Pt Do W. Read Signature Final inspection Approved: Dow -- - RAad Miimtpmenc0 $1g01160 The Cerfi scam of Occupancy will be withheld until aU ap- -catioas on the driveway/culvemt co mmHon on inspected and meet stoderds GE ' 4F Driveway Connection Permit Page Z Address: &19 /-?8T*Av-c Culvert Specifications Culvert Size: x The culvert must be either Aluminum, DOT approved Poly, or Concrete. Under no circumstances will galvanized be permitted. The top of the pipe must be 30' long. - Pipe must have 2:1 mitered ends with concrete collars. I 302' 1' Example of mitered ends: ,Additional Notes: lflfRe /s AN rjetsr� `>t 9Wj&Y PSIM, Road Mainteeance inspector Date F - . JOANNE HOLMANs CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY File Number: 1869958 OR BOOK 1352 PAGE 1817 Recorded:12/29/00 10:16 t Doc Assuv: $ 0.00 ?ec- ID-0 x Doc Tax : $ 19,%4.40 'bocrA19,40.OD $ Int Tax : S 0.00 ti ® snits 311811100010009 A d wroreddmakI0800 8.3 128th Avenue, Okeechobee, Florida 34972 afnoon"ce Okeechobee , am at Florida Mob — — — — — — — — — — — — — — ---------TuANO/100($10.00) ---------- DGUAR& ood dauod od aooddodu ro ORAMOR, h sad pW b+p ORAMM 1h nanlp Y bmby rkodedp4 sm 001014 Mid W me a u..0 ORAMM od OL M &S b" ad wp. knwr, es roRo.rp 6MMr d Leo dtnte. bhWMdbi$ktbOmnydSt. at Hwida to,& A parcel of land being a portion of Section 22, Township 36 South, Range 36 Bast, Okeechobee County, Florida, and a portion of Sec and , ship . go st Lucie on F1 i , icu ly cri n i t A. tt had r o r or we d a her of. The p party herei c nveysd d s not co to the h mat d S to rejrna t if , 31st0. 8" mill Ito .er ��:rZ!7!L�!f11A witness STATE OF zmnoIS COUNTY OF 4-U/ R TM known$ Ww"M r w admawkap d bewte we &bk " dry of ,I CBARLBS VAVRUS, U .tunepwawMykwmeo.ea.toheeproamdhkDrivers License N MsMdm IM D� pnpuw sl ` T TOMw si1gR.T,m /1 easements of Q C0MMT&C0rMLT,1PA Pr nt Names ,�--� pOR70p$s�DRA� 1RA NO?ARY pIJBIJC Decembei;UJISR"a ErC�iis4ieQ1N s. v OR BOOK 1352 PAGE 1018 EXHIBIT "A" A parcel of land being a portion of Section 12, Township 36 South, Range 36 East, Okeechobee County, Florida, and a portion of Section 18, 19 and 30, Township 36 South, Range 37 Bast, St. Lucie County, Florida, more particularly described as follows: Commencing at the Southeast corner of Section 30, Township 36 South, Range 37 East, said point being a 4"x4" Florida Department of Transportation -concrete ponummt,; r-- Thenc S •50'4 et, on the So th n ary of a �eCLion 30, stance o 23 .84 fe o a 1 to post f d at the Sou e t corner of a Section 3 , sa d be ng on the set line of t e outheast on - arter of S do 25, T ship 36 o h, Range 36 Ea t, said point is being e I NNING; Thence No 09 44 We , al g d ec on line a dista ce of 457.03 et, to a gas no_( rter Section ip 36 South, Range East; Thence North 00.02'13" West, along the East line of the Northeast one - quarter of said Section 25, a distance of 2595.65 feet, to the Northeast corner of said Section 25; Thence North 00.31'22" West, along the East line of the Southeast one - quarter of Section 24, Township 36 South, Range 36 East, a distance of �i 2584.81 feet, to the East one -quarter corner of said Section 24; Thence North 00.31'21" West, along the East line of the Northeast one-qran said Sect 4, a di 245 eat the Northo sai Section 4; Thenc 1'21 W at, al g the as line of the So ea one - quarto 1 , ship 6 outge6aet, is ance of 2579. the Ea t one-qu t r c rner o sd Sectsn 3; Thenc.2 '09 W st, al g he as line of the No hbast one- quarton a di nc 2649.6 eet�tq the Northr sai Sectio 3; Thence North 89.44'13" West, along the South line of Section 12, Township 36 South, Range 36 East, a distance of 3129.47 feet to the Southeast corner of lands described in Okeechobee Co. Official Record Book 431, Pages 0612-0613; Thence North 00.04148" East a distance of 2638.63 feet to a 4"x4" concrete monument found at the center of said Section 12; Thence South 89.44'13" East a distance of 3112.45 feet; ` Thence South 00.17'22" East distance of 117. 2 feet - Thence o7thOO* 0, 3" as et nce e , Thence_ 3 •2 E et a di to ce o5840. 0 eat, to int on the S t Sec i n 30, T e ip 3 Sout , R ge 37 aetThence S 0'42 W st a di to ce o .42 feet to he POINT OF C✓ C.V. APR 0 3 20V THE NATIONAL ELEPHANT CENTER SITE ADDRESS: TBD PARCEL CONTROL NUMBERS: 3130-211-0001-000-4 LEGAL DESCRIPTION: 3119-211-0001-000-9 A parcel of land lying in a portion of Sections 19 and 30, Township 36 South, Range 37 East, St. Lucie County, Florida and being more particularly described as follows: BEGINNING at the Southeast corner of Section 24, Township 36 South, Range 36 East, Okeechobee County, Florida, said point being the POINT OF BEGINNING; Thence North 00°3 F35" West along the East line of the Southeast one -quarter (SE 1/4) of said Section 24, for 1,572.86 feet; Thence departing said East line North 89°28'25" East, for 50.00 feet to a point on a line 50.00 East of and parallel with aforesaid East line of the Southeast one -quarter (SE 1/4) of said Section 24; Thence North 00°31'35" West along said parallel line, for 377.07 feet; Thence departing said parallel line North 68°16'54" East, for 425.24 feet; Thence North 52°43'18" East, for 305.26 feet; Thence North 03°30'23" East, for 191.46 feet; Thence North 16°3546" East, for 234.32 feet; Thence North 12°17'34" West, for 112.98 feet; Thence South 84°23'26" West, for 280.99 feet; Thence North 05°13'14" West, for 235.06 feet; Thence North 52'28'11" West, for 509.57 feet to a point on a line 50.00 East of and parallel with the East line of the Northeast one - quarter (NE 1/4) of said Section 24; Thence North 00°31'04" West along said parallel line, for 1,701.61 feet to a point on a line 50.00 East of and parallel with the East line of the Southeast one -quarter (SE 1/4) of Section 13, Range 36 South, Township 36 East, Okeechobee County, Florida; Thence North 00°3128" West along said parallel line, for 1,313.73 feet; Thence departing said parallel line North 89°36'52" East, for 2,516.39 feet; Thence South 00°23'08" East, for 3,668.17 feet; Thence North 73°23'10" West, for 249.76 feet; Thence North 39°46'42" West, for 429.92 feet; Thence North 76°4836" West, for 126.12 feet; Thence South 52'32'17" West, for 261.81 feet; Thence South 05'57'11" West, for 126.55 feet; Thence South 20°19'58" East, for 143.23 feet; Thence South 51 °57'09" West, for 290.84 feet; Thence South 18° 1 T07" West, for 260.91 feet; Thence South 42°00'23" East, for 163.16 feet; Thence South 71°55'29" East, for 149.19 feet; Thence South 09'25'11" East, for 266.06 feet; Thence South 65°06'45" East, for 242.42 feet; Thence South 21'39'16" East, for 295.44 feet; Thence South 24°44118" West, for 212.78 feet; Thence South 26'11'59" East, for 193.94 feet; Thence North 89°36'52" East, for 509.88 feet; Thence South 00°23'08" East, for 1,206.92 feet; Thence South 89°36'52" West, for 2,551.87 feet to a point on the East line of the Northeast one -quarter (NE 1/4) of Section 25, Range 36 South, Township 36 East, Okeechobee County, Florida; Thence North 00'02'11" West along said East line, for 110.62 feet to the POINT OF BEGINNING. Subject to existing easements, rights -of -way, covenants, reservations and restrictions of record, if any. Said lands lying and situate in St. Lucie County, Florida. Said lands contain 326.48 acres, more or less. APR 0 3 2009 _R 2 Okeechobee Landfill Inc Record: 1 of 1 Property Identification Site Address: TBD Sec,/Town/Range: 19 :36S :37E Map ID: 31/19X Zoning: AG-5 Ownership and Mailing Owner. Okeechobee Landfill Inc Address: P O Box 1450 Chicago IL 60690-1450 PROPERTY RECORD CARD <<Prev Next >> Spec.Assmnt ParcellD: Account Land Use City/Cnty: Taxes Exemptions Permits Home Print �G1E 3119-211-0001-000-9 #: 145259 GRZNG SLID CP ST. LUCIE COUNTY Legal Description 19 36 37 W 112 OF SEC 19 (325.16 AC) (OR 1352-1817) Sales Information Assessment 2008 Final Total Land and Building Date Price Code Deed Book/Page 2008 Final: 12/26/2000 2849200 02 WD 3414180 Land Value: 3414180 Acres: 325.15 1352 / 1817 Assessed: 46875 Building Value: 0 Ag.Credit 3367305 Finished Area: 0 SgFt Exempt: 0 Taxable: 46875 Taxes: 883.49 BUILDING INFORMATION No Sketch Available No Image Available Exterior Features View: RoofCover: RoofStruct: ExtType: YearBlt: Frame: Grade: EffYrBlt PrimeWall: StoryHght: - No.Units: SecWall: Interior Features BedRooms: 0 Electric: PrmintWall: FullBath: 0 HeatType: AvgHt/Fl: 1/26ath: 0 HeatFuel: - Pnn,Flors: - %A/C: 0 %Heated: 0 %Sprinkled. 0 Special Features and Yard Items Land Information Type Y/S Oty, Units Qual. Cond. YrBlt. No. Land Use Type Measure Depth 1 6000-GRZNG SLID CP 801 -Market 325.16 Acres 2 RN01-RN PASTURE 801 -Class Acres 25 3 S101-SI PASTURE N -Class Acres 300 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. PROPERTY RECORD CARD Record: 1 of 1 <<Prev Next» Spec.Assmnt Taxes Exemptions Permits Home Print Okeechobee Landfill Inc Property Identification 3Cii ParcellD: 3130-211-0001-000-4 y Site Address: TBD 30 :36S :37E Acrount #: 145260 40 Sec/Town/Range: Land Use: GRZNG SLID CP - .I Map ID: 31/29X City;Cnty: ST. LUCIE COUNTY Zoning: AG-5 Ownership and Mailing Legal Description 30 36 37 W 1/2 OF SEC 30 (325.01 AC) (OR 1352-1817) Owner: Okeechobee Landfill Inc Address: P O Box 1450 Chicago IL 60690-1450 Assessment 2008 Final Total Land and Building Sales Information Code Deed Book/Page 2008 Final: 3412605 Land Value: 3412605 Acres: 325.01 Date Price 12/Date 0 2849200 02 WD 1352 / 1817 Assessed: 36376 Building Value: 0 Ag.Credit: 3376229 Finished Area: 0 SgFt Exempt: 0 Taxable: 36376 Taxes: 685.57 BUILDING INFORMATION No Sketch No Image Available Available Exterior Features RoofStruct: RoofCover. - View: - YearBlt: Frarne: ExtType: EffYrBlt PrimeWall Grade: No.Units: SecVJall: StoryHght: Interior Features Electric PrmintWall: BedRooms: 0 0 HeatTypE: - AvgHt/Ft: FullBath: 0 HeatFuel: Pnn.Flors: - 1!2Bath: 0 /°Heated: ° 0 %Sprinkled. 0 %A!C: Special Features and Yard Iterns Land Information Type Measure Depth Type Y/S Qty. Units Qual. Cond. YrBlt. No, Land Use 80-Market 1 6000-GRZNG SLD CP 325.01001 es Acres 2 RN01-RN PASTURE 801 -Class Acres 165.00999 3 S101-SI PASTURE N -Class Acres 160 TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS LOCATION MAP���� APR 0 3 2009 CONSTRUCTION 2�'w. mo fl M35 ENGINEERING fax.321.M.1 23 GROUP e`321.2�3112' www.cegengineenrg.can consulting engineers 5ceue %OOOB097 THE NATIONAL1 ST. LUCIE COUNTY, FL DATE 1 /09SHEET OUNTY BREVARD LOCATION M A P SCALE NTS LL-2 SUBMITTED MAJOR SITE PLAN APPLICATION AG-5 AGRICULTURAL - 5. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per five (5) gross acres. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Agricultural production - crops. (01) b. Agricultural production - livestock and animal specialties. (02) c. Agricultural services. (07) d. Family day care homes. (999) e. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) f. Fishing, hunting and trapping. (09) g. Forestry. (08) h. Kennels. (0752) i. Research Facilities, Noncommercial. (8733) j. Riding stables. (7999) k. Single-family detached dwellings. (999) 1. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off -Street Parking and Loading Requirements. Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping Requirements are subject to Section 7.09.00. 7. Conditional Uses: a. Agricultural labor housing. (999) b. Aircraft storage and equipment maintenance. (4581) c. Airports and flying, landing, and take -off fields. (4581) d. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) e. Farm products warehousing and storage. (4221/4222) f. Gasoline service stations. (5541) g. Industrial wastewater disposal. (999) h. Manufacturing: (1) Agricultural chemicals. (287) (2) Food and kindred products. (20) (3) Lumber and wood products, except furniture. (24) i. Mining and quarrying of nonmetallic minerals, except fuels. (14) j. Retail trade: (1) Farm equipment and related accessories. (999) (2) Apparel and accessory stores. (56) k. Sewage disposal subject to the requirements of Section 7.10.13. (999) 1. Camps - sporting and recreational. (7032) m. Off -Road Vehicle Parks, except go-cart raceway operation or rentals (7999), subject to the requirements of Section 7.10.21. (999) n. Outdoor shooting ranges, providing site plan approval is obtained according to the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code. 8. Accessory Uses: Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Mobile homes subject to the requirements of Section 7.10.05. b. Retail trade and wholesale trade - subordinate to the primary authorized use or activity. c. Guest house subject to the requirements of Section 7.10.04. (999) Jeffrey Johnson From: Julia Gallucci [JuliaG@peta.org] Sent: Friday, May 01, 2009 3:58 PM To: Faye W. Outlaw; Chris Dzadovsky; Doug Coward; Paula Lewis; Charles Grande; Chris Craft Cc: Jeffrey Johnson; Daniel McIntyre Subject: Concerns RE the proposed National Elephant Center Attachments: SCIENCE PAPER CLUBB ET AL.pdf; Free Dumbo TIME.doc; ST LUCIE COUNTY DOCS.pdf Dear Commissioners and Ms. Outlaw: The Animal Rights Foundation of Florida, In Defense of Animals, PETA, and United Way for Animals are national and local nonprofit organizations dedicated to the protection of animals and represent more than 2 million people nationwide, including more than 23,000 people in Florida. We are writing to oppose the development application by the National Elephant Center (NEC) to build an elephant -breeding and -holding facility in St. Lucie County. The proposed facility is not a sanctuary for elephants and will have no relevance to the conservation of endangered and threatened elephant species. True elephant sanctuaries provide a permanent\home, do not participate in breeding, and never allow the use of circus -style training methods to control elephants. Furthermore, international elephant conservationists agree that the future of the species relies on habitat preservation and protection programs in Asia and Africa, which are currently severely underfunded, rather than the exhibition and breeding of elephants in zoos. While the zoo community desperately needs a facility to provide substantially more space and humane care and handling to elephants, the proposed NEC unfortunately falls short of improving captive -elephant welfare. Our concerns relate to the following areas: Inhumane Management Practices The majority of zoos represented on the NEC's Board of Directors utilize an outdated, circus -style method of elephant management known as "free contact," rather than the safer and more humane method called "protected contact," which is currently utilized by more than half of U.S. zoos. Free contact relies on beatings with instruments known as bullhooks to inflict pain and fear in order to control elephants. Bullhooks resemble fireplace pokers with sharp steel hooks at the end. They are used to poke, prod, hook, stab, and strike elephants to ensure compliance with commands. By contrast, protected contact prohibits corporal punishment and relies solely on positive reinforcement. Safety is maintained by a physical barrier that is present between elephants and handlers at all times. Social Disruption and Trauma The NEC will not serve as a permanent home for elephants. Most elephants will be transferred into and out of the facility for quarantine, boarding, and breeding purposes (including artificial insemination —a highly invasive procedure). Elephants are among the most closely bonded animals on the planet. In their natural habitat, females live in extended family units: Mothers and daughters stay together for life, while males stay with their mothers until adolescence. Female elephants in captivity form strong social bonds, and separating elephants is known to cause trauma and premature death. (See the enclosed Science study and the related news article.) In breeding facilities, elephant calves are often separated from their mothers prematurely, causing irreparable psychological harm to both animals. The NEC's plans suggest that elephants who are born at the facility and survive will be removed from the familial groups that they are born into and distributed to zoos. Elephants temporarily housed at the NEC will live, socialize, and bond with other elephants, only to be later uprooted and separated from their companions. Inadequate Space Elephants require 24-hour, year-round access to expansive, outdoor enclosures, as space to roam is critical to their health and well-being. Yet the NEC's major site plan indicates that only a small paddock and a maximum of 1.5 acres of pasture will be provided for each elephant. The subdivision of pastures for quarantine, training, and breeding purposes will further limit roaming space. These cramped conditions fail to meet the spatial needs of elephants, who walk up to 30 miles per day in their natural habitats, and will ensure that elephants suffer the same debilitating, captivity -induced health problems that they experience in zoos. Compounding the problem is the routine yet harmful zoo practice of chaining elephants in barns or confining them in cramped stalls overnight, as such intensive confinement causes deadly foot disorders and painful arthritis. Tuberculosis (TB) and Elephant Endotheliotropic Herpes Virus (EEHV) TB and EEHV are highly communicable diseases, and there is no clear protocol for preventing transmission in captive elephant populations. Approximately 12 percent of Asian elephants in the U.S. are infected with TB, and EEHV has, over the past 25 years, killed 40 percent of Asian elephants born in U.S. zoos. EEHV, which strikes primarily young elephants, causes massive internal hemorrhaging and results in an extremely painful death. According to a 2006 study reported in Veterinary Quarterly, one of the primary zoos behind the NEC proposal, the Houston Zoo, is a "hot -spot" for EEHV. Of the 14 calves conceived by elephants at the Houston Zoo in the last 25 years, not one is alive today, and six were victims of EEHV. Yet the zoo continues to breed elephants, ignoring the risk of EEHV transmission. The transfer of elephants into and out of the NEC increases the risk of spreading these highly contagious and life -threatening bacteria and viruses in the captive elephant population. Lack of Independent Oversight The federal Animal Welfare Act does not currently include standards or regulations specific to the very complex physical and social needs of elephants, and even the minimal regulations pertaining to general animal care are poorly enforced. In addition, as a private facility, the NEC's records will not be subject to the Florida Public Records Act, so information about its operations and elephant welfare will largely be unavailable to the public. No Role in Elephant Conservation The NEC will not contribute to the conservation of the Asian and African elephant species. No elephant born at the facility will ever be introduced to the wild. Instead, the NEC will function primarily as a breeding farm to restock a captive population that is dying out because of inadequate conditions in zoos. Elephants who are born at the NEC will be shipped to zoos, where they will endure conditions sure to shorten their natural lifespan by decades. Zoos are consumers of elephants rather than conservators. In the last 10 years, zoos worldwide have committed approximately $500 million to upgrade facilities for 250 elephants, while Kenya's wildlife service has just a $20 million annual budget for the protection of tens of thousands of elephants. The NEC is simply another example of misplaced resources that should instead be directed toward true elephant conservation efforts. Inadequacy of the Environmental Impact Report (EIR) As elephants are earth's largest land mammals and can significantly alter their environment (especially in a confined space), the development of the NEC on sensitive land adjacent to wetlands raises a host of environmental issues that are not adequately assessed in the NEC's EIR. Furthermore, the report examines the potential effects of a 34-acre project holding five to 10 elephants. Information posted by the NEC on their Web site and provided in the county's Planner Customer Assistance Form indicates that the NEC will eventually develop 250 acres of the 352-acre property and will house up to 40 elephants. In addition, exhibits to the EIR itself indicate that the 34-acre project is Phase 1 of a larger plan. The county cannot adequately assess the long- term impacts of this project based on an environmental assessment of an initial project phase. In conclusion, we ask that St. Lucie County reject the NEC's application to build an elephant -breeding and - holding facility in St. Lucie County. Unlike Save the Chimps, a model facility that provides a permanent home to chimpanzees retired from research laboratories, the NEC will not be a sanctuary for elephants. The project is objectionable on animal welfare and conservation grounds and may be detrimental to nearby protected wetlands. Thank you for your attention to this very important issue. If you have any questions, please contact Julia Gallucci at 206-898-3653 or JuliaG@peta.org. Sincerely, Nick Atwood Campaigns Coordinator Animal Rights Foundation of Florida 1431 N. Federal Hwy. Fort Lauderdale, FL 33304 Debbie Leahy Director PETA 501 Front St. Norfolk, VA 23510 Susan Parry Founding Member United Way for Animals 2203 S Indian River Dr. Fort Pierce, FL 34950 Suzanne Roy Program Director In Defense of Animals 3010 Kerner Blvd. San Rafael, CA 9490 Enclosures: Science, 12 December 2008, "Compromised Survivorship in Zoo Elephants" Time, 12 November 2008, "Free Dumbo! Zoos Are Bad for Elephants" St. Lucie County Board of County Commissioners, Growth Management Department, 4 December 2008, "Planner Customer Assistance Form" AMBOSELI TRUST FOR ELEPHANTS WK Lindsay 2 Jack Straw's Lane OxfordOX3 ODL, United Kingdom Td -+44 (0)1865452553 Fax +44 (0)1865 318180 Fs�l: �noom 12 May 2009 Re: Environmental Impact Report for National Elephant Center in St. Lucie County, Florida I am a conservation biologist and environmental consultant, a Canadian now living in Oxford, United Kingdom. I have studied and managed wild animals, starting with grizzly bears in British Columbia, and moving on to wildlife in eastern, southern and west Africa. For the past 30 years I've worked in research and conservation of African elephants, mainly in Kenya but also in South Africa, Botswana, Mali and Ghana. I have been a member of the IUCN (World Conservation Union) African Elephant Specialist Group and have many colleagues active in Asian elephant conservation. My other professional activities have included project management in the natural resources sector of international development, and consultancy work in environmental impact assessment, institutional analysis and monitoring/ evaluation of outcomes for programmes involving governments, NGOs and private sector institutions. The Environmental Impact Report for The National Elephant Center appears to provide a bare minimum, and far from thorough, examination of the direct and indirect impacts of the proposed development of an elephant -holding facility on the surrounding wetland habitats of St Lucie County. Although I do not have direct professional experience in the state of Florida, I do have considerable experience with elephant ecology and with environmental impact assessment in general. The deficiencies that I have noted in the current report are: 1. The impacts on wetlands are said to be limited because the works, and elephant paddocks, are to be restricted to the pasture areas. This would appear to be correct for direct impacts on the ground underfoot, but there seems to be no consideration of indirect impacts stemming from the connection between the pastures and the immediately adjacent wetlands. There is no discussion of possible drainage effects including dissolved or suspended nutrients, through both overground or underground water flow, from the pasture to wetlands. The results of elephant urination, and defecation if not removed, could be expected to produce nutrients that would leak into the wetland areas. Since this impact was not identified, no mitigation measures are proposed. 2. The assessment of potential impacts by elephants is extremely vague, speculative and ill- informed. In paragraph 7.0, page 4, it is claimed that since the pasture areas are currently grazed by "numerous heads of cattle", the introduction of 5-10 elephants to the same pasture areas will not result in impacts to the vegetation or natural resources. There are two problems with this conclusion. Firstly, there is no information on the current stocking rate of cattle, for example in number per acre, so no indication of current grazing intensity or basis for comparison. Secondly, there is the assumption that elephant impacts on soils and vegetation are somehow equivalent to those of cattle. Elephants' foraging styles are different from cattle; they commonly uproot grasses, kicking at their bases, and may denude areas if they are forced to concentrate, as they would in such small paddocks. Certainly the effect of compaction and trampling on soils and vegetation by 10 elephants in a small area could be great (see the following point below), but since the number of cattle is unknown, there is no way to evaluate the difference. 3. The report does not compare the potential density of elephants at NEC to any known areas where habitat impact has been studied. The area proposed for housing up to ten African and Asian elephants appears to be 34 acres, allowing an average of a mere 3.4 acres per elephant. This equates to a density of elephants of almost 73 per km2, which is one to two orders of magnitude higher than any densities in the wild at which management authorities have expressed concern over habitat impact. Even in Uganda, where rainfall and plant productivity is very high, elephant densities of 1-2 per kM2 were sufficient to remove all the trees and much of the grass near water -points. The long term outcome of maintaining this unnaturally high density of elephants are likely to be adverse impacts on the soil structure, through compaction, and on the vegetation cover of the NEC area. If there is any woody vegetation in the paddocks, elephants will certainly remove it along with the grass cover. 4. A number of animal species of conservation importance are listed, and it is suggested that there will be minimal impact on these, since they were not recorded on the pasture areas currently in the site. However, there is no indication of the duration or extent of the surveying that was done for these species, which might be present intermittently/ seasonally, or in immediately adjacent areas. In cases where some listed species are considered to be likely residents, all that is said is that "consultations with the US Fish and Wildlife Service will be initiated", which would suggest that the situation is not fully understood at the time of writing. The report is, thus, incomplete in these important aspects. 5. The suggestion is made that, since the previous agricultural use of the land has already had its impacts on native species, the additional impacts of holding elephants would be no worse than any impacts that may already have occurred (although this is open to question, as noted above). If this is the only criterion for its social responsibility, this statement would indicate that there is no intention by the NEC to improve conditions for native species, which is at odds with its avowed commitment to nature conservation. It is claimed by the NEC in its statement that holding captive elephants at facilities such the Center will somehow benefit the conservation of wild elephants. It would seem that the NEC feels that such an objective justifies the impacts the Center will have on native species by denying them habitat, or failing to improve their habitat. However, even the claim of value to elephant conservation has been refuted by, for example, the African Elephant Specialist Group'. ' `Believing there to be no direct benefit for in situ conservation of African elephants, the African Elephant Specialist Group of IUCN Species Survival Commission does not endorse the removal of African elephants from the wild for any captive use." Issued by the IUCN/SSC AfESG at Mokuti Lodge, Namibia, on 8 December 2003. http://www.african-elephant or /tg ools/pdfs/pos capvuse en pdf In summary, the EIR is a very superficial document, little more than a box -ticking exercise merely to attempt to satisfy the requirements of the St Lucie County Code, that shows little understanding of elephant biology and provides little credible evidence that the establishment of a high density elephant "population" in St Lucie County is unlikely to have anything but adverse direct and indirect impacts on the local wildlife and habitats. Dr W K Lindsay Scientific Advisory Committee Amboseli Elephant Research Project, Amboseli Trust for Elephants Nairobi, Kenya and Oxford, United Kingdom e(P)Atr7;;AsNep World Co. July 1, 2009 Commissioner Charles Grande County Commissioner St. Lucie County, District 4 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 Dear Commissioner Grande: Madwo CC', 3occ co, A&o JUL 0 6 2009 I am writing in support of The National Elephant Center, Inc. (TNEC) which has applied for construction permits on property leased from Waste Management in St. Lucie County. Disney's Animal Kingdom supports TNEC's goal to further enhance management of the zoo elephant population in North America and foster a sustainable future for all elephants. This project, involving highly regarded facilities accredited by the Association of Zoos and Aquariums will: • benefit elephant populations globally through the discoveries and studies that will take place there. • ensure a future for elephants through a progressive model for elephant management in North America. • serve as a center for elephant research and conservation. • model the best in staff training for elephant care. Our team, which includes a staff of elephant care professionals with more than 100 years of collective experience, has supported this project since its inception, providing advice and representation on the TNEC Board of Directors, as well as financial and in - kind support. We appreciate your consideration and hope that you will support TNEC in its mission to serve a very real need for elephant conservation and welfare. If we can be of any further assistance, please do not hesitate to contact me. Sincerely, Jackie Ogden, Vice President Animal Programs and Environmental Initiatives Walt Disney Parks and Resorts Phone: 407-938-2831 Fax: 407-938-2306 email: jackie.ogden@disney.com Post 0lficc Box 10000 ; Like Btic na Visui. (ioridn 32S10-1000 Pan of the 1Ulagic nf'Ihc OALT7�lsrosp (. umpmry Dime, January 8, 2010 Charles Grande`'; County Commissioner — District 4 St. Lucie County Florida- 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 ' Dear Commissioner Grande: For almost 40 years I have devoted my life to educating people about the importance and the beauty of wildlife. My experience is from managing accredited zoos and from traveling the world to produce an award -winning, nationally syndicated TV program, Jack Hanna's "Into the Wild." I have witnessed the growth of Association of Zoos and Aquariums' (AZA) accredited zoos into important educators about wildlife, into contributors to scientific knowledge, and into valuable partners in wildlife conservation internationally as well as regionally. The AZA-accredited zoo partners that formed The National Elephant Center are creating a facility that will improve the care for elephants in North America and have a positive influence on elephant care internationally. This project will provide generous space for elephants, a training program for elephant keepers from across the country, the opportunity for behavioral and nutritional studies involving elephants, and a place where local residents, including school children, can learn about these incredible animals. I realize that there are animal rights groups that may oppose this project. These same groups oppose zoos in general. However, please keep in mind that accredited zoos and aquariums in the United States annually attract more visitors than all professional sports combined. Also these zoos and aquariums contribute significant financial support to numerous global conservation programs. The National Elephant Center is a partner in this effort and is specifically designed to increasingly improve the care of elephants. Commitment to animal care and conservation is a key component of all accredited zoos, including those helping support the Elephant Center. Lastly, The National Elephant Center will be an asset for St. Lucie County. The center's positive efforts to help improve the quality of life for elephants in the United States could place your community in the media's spotlight and has the potential to attract significant national news coverage. In addition to important work already mentioned, the center will have a positive economic impact for St. Lucie County. The construction jobs, use of services and staff training programs will benefit many service and local businesses. Most of all, the elephants need your support for The National Elephant Center, which will be a point of pride for St. Lucie County. Sincerely, qA4 � Jack Hanna Host, Jack Hanna's 'Into the Wild" Director Emeritus, The Columbus Zoo and Aquarium MOSQUITO CONTROL DISTRICT MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stiucieco.org �>ll��tiil�tu�i��uu��i�uuwt�lilut>�t� uuku�uu>t�l���ulua;t�uu Chris Dzadovsky, Chairman District No. 1 Paula A. Lewis, Vice Chair District No. 3 Doug Coward District No. 2 Charles Grande District No. 4 Chris Craft District No. 5 � iri � � �t>rintruiii�uu��u� MINUTES Approve the minutes from the January 12, 2010 meeting. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 16 and 17. B. MOSQUITO CONTROL Approval of Budget Resolution 10-001 for FishAmerica Foundation (FAF) Grant Consider staff recommendation to approve Budget Resolution 10-001 and authorization for the Chairman to sign the Resolution as approved by the County Attorney. 2. Approval of Budget Resolution 10-003 for National Association of Counties (NACO) Grant Consider staff recommendation to approve of Budget Resolution 10-003 and authorization for the Chairman the Resolution as approved by the County Attorney. Approval of Budget Resolution 10-002 for St. Johns River Water Management District (SJRWMD) Grant Consider staff recommendation to approve of Budget Resolution 10-002 and authorization for the Chairman to sign the Resolution as approved by the County Attorney. 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. MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGUALR MEETING Date: January 12, 2010 Convened: 9:22 a.m. Adjourned: 9:22 a.m. Commissioners Present: Chairman, Chris Dzadovsky, Charles Grande, Paula A. Lewis, Doug Coward, Chris Craft Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Millie Delgado -Feliciano, Deputy Clerk MINUTES Approve the minutes from the December 22, 2009 meeting. It was moved by Com. Craft, seconded by Com. Grande, to approve the minutes of the meeting held December 22, 2009, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Coward, to approve the Consent Agenda, and; upon roll call, motion carried unanimously A. WARRANTS Approve warrant list No. 13, 14 and 15. The Board approved Warrant List No. 13, 14 and 15. B. OFFICE OF MANAGEMENT AND BUDGET/PURCHASING Bid No.10-007, Purchase of Pesticides The Board approved awarding Bid No. 10-007, Purchase of Pesticides, to Adapco, Incorporated and Clarke Mosquito Control Products Incorporated and authorized the Chairman to sign the documents as approved by the County Attorney. C. COUNTY ATTORNEY Second Amendment to February 2000 License Agreement with Florida Power & Light Company The Board approved the proposed Second Amendment to the February 22, 2000 License Agreement with Florida Power & Light Company and authorized the Chairman to sign the Second Amendment. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court O1/15/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST 416- 09-JAN-2010 TO 15-JAN-2010 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 11,138.84 GRAND TOTAL: 11,138.84 PAGE 1 PAYROLL 0.00 0.00 01/22/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #17- 16-JAN-2010 TO 22-JAN-2010 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 26,736.20 GRAND TOTAL: 26,736.20 PAGE 1 PAYROLL 30,363.68 30,363.68 TO: SUBMITTED BY: SUBJECT: BACKGROUND: ITEM NO. DATE: AGENDA REQUEST REGULAR MOSQUITO CONTROL BOARD Mosquito Control III-B1 1 /26/10 PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT ( X ) PRESENTED BY: James R. David Director 4_rl� Approval of Budget Resolution 10-001 for FishAmerica Foundation (FAF) Grant See attached memorandum. FUNDS AVAILABLE: DEP SE Aquatic Preserve Program in -kind support and volunteer expenses PREVIOUS ACTION: December 8, 2009 — BOCC approval of acceptance of grant RECOMMENDATION: Board approval of Budget Resolution 10-001 and authorization for the Chairman to sign the Resolution as approved by the County Attorney. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (//� OMB/Purchasing Director 1_q3 Budget Analyst Daniel S. McIntyre Originating Dept. ( Other Jams . David ( Ma'rTd G in Tawonna Johnson Mosquito Control TO: Mosquito Control Board FROM: James R. David, Mosquito Control Director Mosquito Control DATE: January 26, 2010 SUBJECT: Approval of Budget Resolution 10-001 for FishAmerica Foundation (FAF) Grant ITEM NO. III-B1 Background: FAF has awarded a grant in the amount of $50,000 to St. Lucie County for restoration activities on Spoil Island SL-3. Those activities include removal of exotic plants, planting of native plants, reconnection of a small wetland on the island and watering maintenance of the plants. The local match is derived from the DEP SE Aquatic Preserve Program in -kind support of the project, which is providing construction monitoring and plant maintenance ($8,841). Budget Resolution 10-001 has been prepared to budget the funds from the FAF grant. Recommendation Board approval of Budget Resolution 10-001 and authorization for the Chairman to sign the Resolution as approved by the County Attorney. RESOLUTION NO. 10-001 WHEREAS, subsequent to the adoption of the St. Lucie County Mosquito Control District Board budget, certain funds not anticipated at the time of the budget have become available from the FishAmerica Foundation for the Spoil Island (SL-3) Restoration Project in the amount of $50,000, WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Mosquito Control District board to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Mosquito Control District Board of St. Lucie County, Florida, in meeting assembled this 261h day of January 2010, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2009-2010, and the Mosquito Control District's budget is hereby amended as follows; REVENUES 145124-6230-331393-600 National Oceanic & Atmos. $50,000 APPROPRIATIONS 145124-6230-534000-600 Other Contractual Services $50,000 After motion and second the vote on this resolution was as follows: Commissioner Chris Dzadovsky, Chairman XXX Commissioner Paula A. Lewis, Vice Chairman XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Charles Grande XXX PASSED AND DULY ADOPTED THIS 261h DAY OF January, 2010. ATTEST: MOSQUITO CONTROL DISTRICT ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Source: Microsoft@ Streets and Trips; Copyright@ 2005 Vero Y i i � 669 t A 1 / a n t i c ci c e a rt Lakewood Park _ F o R 1 0 3 603, SITE t 4x >t �jtL:C yaemti I(O too." Aaur�R, iL% St, Lucia 3 4- 'A i l _ b8 _ orOft memo D m Avalon State Park SITE A,A 2 O n i i a n w 4. Harbor 8 rates Rd m3 Ocean S, tud.g6 Or n 6' a Huber Or z Julian Or 6 0 Wilcox Rd Section 09, Township 34 South, Range 40 East - �KimleyHom and Associates, Inc. Copyright 2008 Kimley-Horn and Associates, Inc. 601 2111 Street„ Suite 300 Vero Beach, FL 32960 Phone:772-562-7981 Fax:772-562-9689 I SCALE NITS www.kimley-horn.com IN LOCATION MAP SL3 SPOIL ISLAND RESTORATION ST. LUCIE COUNTY, FLORIDA PROJECTNOa. 041402000 1 OCT. 2008 1 FIGURE 1 COUNTY F L a R I D rR TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST MOSQUITO CONTROL BOARD Mosquito Control ITEM NO. III-132 DATE: 1/26/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X 1 PRESENTED BY: James R. David Director Approval of Budget Resolution 10-003 for National Association of Counties (NACO) Grant See attached memorandum. FUNDS AVAILABLE: 145-6230-531000-600 Professional Services 145832-6230-599300-600 Reserves — SFWMD IRL License Plate Grant 2009 PREVIOUS ACTION: November 3, 2009 — BOCC approval of acceptance of grant RECOMMENDATION: Board approval of Budget Resolution 10-003 and authorization for the Chairman to sign the Resolution as approved by the County Attorney. COMMISSION ACTION: (�) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney (1411" CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB/Purchasing Director Budget Analyst Daniel S. McIntyre klea#�� Originating Dept. Ja es R. David Other Marie G uin Tawonna Johnson Mosquito Control COUNTY MEMORANDUM TO: Mosquito Control Board FROM: James R. David, Mosquito Control Director Mosquito Control DATE: January 26, 2010 SUBJECT: Approval of Budget Resolution 10-003 for National Association of Counties (NACO) Grant ITEM NO. III-B2 Background: NACO has awarded a grant in the amount of $50,000 to St. Lucie County for restoration activities on Spoil Island SL-3. Those activities include removal of exotic plants, planting of native plants, reconnection of a small wetland on the island and watering maintenance of the plants. The local match is derived from the Indian River Lagoon License Plate Grant ($15,185), contractual services which the Mosquito Control District used to get the permits and which are needed for bid scope development ($25,465), monitoring and permit compliance ($8,650), and in -kind logistical support ($700).. Budget Resolution 10-003 has been prepared to budget the funds from the NACO grant. Recommendation Board approval of Budget Resolution 10-003 and authorization for the Chairman to sign the Resolution as approved by the County Attorney. RESOLUTION NO. 10-003 WHEREAS, subsequent to the adoption of the St. Lucie County Mosquito Control District Board budget, certain funds not anticipated at the time of the budget have become available from the National Oceanic and Atmospheric Administration in the amount of $50,000 for the Coastal Counties Restoration Initiative Program Spoil Island (SL-3) Restoration Project. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Mosquito Control District board to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Mosquito Control District Board of St. Lucie County, Florida, in meeting assembled this 26th day of January 2010, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2009-2010, and the Mosquito Control District's budget is hereby amended as follows: REVENUES 145125-6230-331393-600 National Oceanic & Atmos. Admin. $50,000 APPROPRIATIONS 145125-6230-534000-600 Other Contractual Services $50,000 After motion and second the vote on this resolution was as follows: Commissioner Chris Dzadovsky, Chairman XXX Commissioner Paula A. Lewis, Vice Chairman XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Charles Grande XXX PASSED AND DULY ADOPTED THIS 26" DAY OF January, 2010. ATTEST: MOSQUITO CONTROL DISTRICT ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Source: Microsoft® Streets and Trips; Copyright@ 2005 Wrq A t l a n t i c o c e a n Laxewood Parts F oRloA Oil______-� SITE . t bt St, Luc[* • 6ri@. 222 .p'A T I_ - to m Avalon State Park ti h4arbq 8 C01`06 Rd ti Ocean S f,,\es Or 606 Huber Or Julian Of AtA p n 3 n ct' t✓Wcox Rd 6 1 N Section 09, Township 34 South, Range 40 East Kimsey-Hom LOCATION MAP ® and Associates, Inc. Copyright 2008 Kimiey•Horn and Associates, Inc. SL3 SPOIL ISLAND RESTORATION 601 2151 Street„ Suite 300 ST. LUCIE COUNTY, FLORIDA Vero Beach, FIL 32960 Phone:772-562-7981 Fax:772-562-9689 scniE www.kimley-horn.com NTS PROJECTNO 041402000 OCT. 2008 FIGURE ITEM NO. III-133 AGENDA REQUEST DATE: 1/26/10 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: MOSQUITO CONTROL BOARD PRESENTED BY: James R. David SUBMITTED BY: Mosquito Control Director Tvr SUBJECT: Approval of Budget Resolution 10-002 for St. Johns River Water Management District (SJRWMD) Grant BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 145-6230-531000-600 Professional Services 145832-6230-599300-600 Reserves — SFWMD IRL License Plate Grant 2009 PREVIOUS ACTION: November 10, 2009 — BOCC approval of acceptance of grant RECOMMENDATION: Board approval of Budget Resolution 10-002 and authorization for the Chairman to sign the Resolution as approved by the County Attorney. COMMISSION ACTION: � ) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (� OMB/Purchasing Director Budget Analyst Daniel S. McIntyre -f-iee�l Originating Dept. (� Other I Janjbs R. David Marie G,6uin Tawonna Johnson Mosquito Control COUNTY MEMORANDUM TO: Mosquito Control Board FROM: James R. David, Mosquito Control Director Mosquito Control DATE: January 26, 2010 SUBJECT: Approval of Budget Resolution 10-002 for St. Johns River Water Management District (SJRWMD) Grant ITEM NO. III-133 Background: SJRWMD has awarded a grant in the amount of $40,000 to St. Lucie County for restoration activities on Spoil Island SL-3 and Queen's Island Park. Those activities include removal of exotic plants, planting of native plants, reconnection of a small wetland on the island and watering maintenance of the plants. The local match is derived from the Indian River Lagoon License Plate Grant ($35,185), contractual services which the Mosquito Control District used to get the permits and which are needed for bid scope development ($25,465), monitoring and permit compliance ($8,650), and in -kind logistical support ($700). Budget Resolution 10-002 has been prepared to budget the funds from the SJRWMD grant. Recommendation Board approval of Budget Resolution 10-002 and authorization for the Chairman to sign the Resolution as approved by the County Attorney. RESOLUTION NO. 10-002 WHEREAS, subsequent to the adoption of the St. Lucie County Mosquito Control District Board budget, certain funds not anticipated at the time of the budget have become available from the Environmental Protection Agency in the amount of $40,000 for the Queens and Spoil Island, Native Plant Project. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Mosquito Control District board to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Mosquito Control District Board of St. Lucie County, Florida, in meeting assembled this 261h day of January 2010, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2009-2010, and the Mosquito Control District's budget is hereby amended as follows: REVENUES 145123-6230-331390-600 US Env Prot Agency $40,000 APPROPRIATIONS 145123-6230-534000-600 Other Contractual Services $40,000 After motion and second the vote on this resolution was as follows: Commissioner Chris Dzadovsky, Chairman XXX Commissioner Paula A. Lewis, Vice Chairman XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Charles Grande XXX PASSED AND DULY ADOPTED THIS 26`h DAY OF January, 2010. ATTEST: MOSQUITO CONTROL DISTRICT ST LUCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Source: Microsoft® Streets and Trips; Copyright® 2005 N 14 A ( I a n ( ; c 0 c e a .............. ...... V 0 R 1 0 A ----I SITE -z- 0 O. Harbor6 rani Rd Ocean SlufA Or 'k 605 Huber Or Julian Or Wfcox Rd 6 9t. Lucia — 713 4-. Groat 111"mo Avalon State Park SITE AIA 0 d rt, ' Section 09, Township 34 South, Range 40 East Kimley-Hom LOCATION MAP and Associates, Inc. JCopyright 2008 Kimley-Horn and Associates, Inc. SL3 SPOIL ISLAND RESTORATION 601 215t Street, site 300 ST. LUCIE COUNTY, FLORIDA Vero Beach, FL 32960 Phone: 772-562-7981 Fax: 772-562-9689 [-;777 www.klmley-horn.com NTS PROJECT NO 041402000 OCT. 2008 FIGURE I I Native Re -planting Areas - Queens Island Park Queens Island Park Native Re -planting Areas 0.57 Acres 7.67 Acres 11.77 Acres EROSION DISTRICT EROSION DISTRICT www.co.st-lucie.fl. us www.stlucieco orn Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 i ttiiFi 41111Mili MUM MINUTES Approve the minutes from the January 12, 2009 meeting. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 16 and 17. 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 swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 12, 2010 Convened: 9:23 a.m. Adjourned: 9:23 a.m. Commissioners Present: Chairman, Chris Craft, Paula A. Lewis, Charles Grande, Doug Coward, Chris Dzadovskv Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Richard Bouchard, Erosion Manager, Millie Delgado -Feliciano, Deputy Clerk MINUTES Approve the minutes from the December 22, 2009 meeting. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve the minutes of the meeting held December 22, 2009, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Grande, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 13,14 and 15. The Board approved Warrant List No. 13, 14 and 15. B. PUBLIC WORKS Artificial reef grant application The Board approve an artificial reef construction grant application to the National Geographic Conservation Trust for $20,000. C. PUBLIC WORKS Fort Pierce Beach Restoration Project and Sand Bypassing The Board approved the FDEP Project Agreements 09SL2 and Amendment No. 2 to 07SL3 along with Work authorizations No. 02 and No. 03 with Taylor Engineering, Inc. and supporting Budget Resolution No.10-001. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 01/15/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #16- 09-JAN-2010 TO 15-JAN-2010 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 2,036.98 GRAND TOTAL: 2,036.98 PAGE 1 PAYROLL 0.00 0.00 O1/22/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #17- 16-JAN-2010 TO 22-JAN-2010 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 2,684.86 GRAND TOTAL: 2,684.86 PAGE 1 PAYROLL 4, 966.40 4, 966.40