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HomeMy WebLinkAboutAgenda Packet 05-11-2010itiiiiiiiiiiiNiiiillitiiHltitiiiiitiiiii3iiiiitiiiiiiiiiiiiiiiliiiiiiiiiilliiiii3iiitfi�iiiiiiiitiiiii May 11, 2010 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 05/1012010 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 prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others' opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. May 11, 2010 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org 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 INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the April 27, 2010 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. Presentation of Top 15 Workplace Campaign Award by Karen Knapp, President/CEO, United Way of St. Lucie County. B. William McGrew of PBS&J to present the Southeast Chapter — American Association of Airport Executives, General Aviation Airport Project of the Year Award to the Board of County Commissioners for the Runway 1 OU28R project that was completed at the Airport. C. ADDITION "Elephant Update" V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 32 B. COUNTY ATTORNEY Treasure Coast Research Park — Implementing Agreement with St. Lucie County School Board for Conveyance of Sixty (60) Acres Consider staff recommendation to approve the proposed Implementing Agreement for the conveyance of sixty (60) acres to the School Board of St. Lucie County as provided in the June 17, 2009 sublease Agreement between the School Board and the University of Florida Board of Trustees. B. COUNTY ATTORNEY CONTINUED PULLED PRIOR TO MEETING Resolution No. 10-115 — Amending the Duties, Functions, Memberships, and Procedures of the Sustainability Advisory Committee Formed by Resolution No. 06-325 Consider staff recommendation to adopt Resolution No. 10-115 and authorize the Chairman to sign the Resolution. C. ENVIORNMENTAL RESOURCES Cooperative Extension & Environmental Education Division: 1. Termination of Interocal Agreement between St. Lucie County School Board and St. Lucie County for Agri -Science Education Center Consider staff recommendation to terminate the Interlocal Agreement upon ninety (90) days prior written notice to the School Board as per paragraph 5 of the Interlocal Agreement, and to invoice the School Board for half of the current value of the tractor and flex cutter as outlined in the agenda memorandum. Board approval for the Chairman to execute documents as approved by the County Attorney. Resolution No. 10-115, Sustainability Advisory Committee Consider staff recommendation to approve of Resolution No. 10-115 and authorization for the Chairman to sign documents as approved by County Attorney. D. HOUSING & COMMUNITY SERVICES Library Division: 1. Revision of Library Hours Consider staff recommendation to approve of the revision in Library service hours, effective June 6, 2010, as outlined in the agenda memorandum and Attachment A (schedule) 2. St. Lucie County Internet and Confidentiality Policies Consider staff recommendation to approve of the St. Lucie County Board of County Commissioners Public Use of Computers and Internet Policy (Attachment A) and the Library Confidentiality Policy (Attachment B). Community Services Division: 3. Federal Transit Administration (FTA) 5311 FY11 Grant Consider staff recommendation to approve to submit an application to Florida Department of Transportation for the FTA 5311 Non -Urbanized Area Formula Program, approval of Resolution No. 10-148 and authorization for the Chairman to sign documents as approved by the County Attorney. Housing Division: 4. Award of Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Housing Rehabilitation/Replacement Bids Consider staff recommendation to approve of bid awards of six replacement and two rehabilitation housing projects under the St. Lucie County CDBG DRI Grants, and authorization for the Chairman to sign documents as approved by the County Attorney. E. SHERIFF'S OFFICE Authorization to submit an electronic application for the 2010 Bulletproof Vest Partnership Grant Consider staff recommendation to approve the St. Lucie County Sheriff's Office submission of the electronic application 2010 Bulletproof Vest Partnership Grant offered by the U.S. Department of Justice/Office of Justice Programs. 2. Authorization to submit an electronic application for the 2010 State Criminal Alien Assistance Program (SCAAP) Grant. Consider staff recommendation to approve the St. Lucie County Sheriffs Office submission of the electronic application 2010 State Criminal Alien Assistance Grant offered by the U. S. Department of Justice/Bureau of Justice Assistance. Authorization to submit an electronic application for the 2010 Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation Consider staff recommendation to approve the St. Lucie County Sheriffs Office submission of the electronic application 2010 Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation offered by the U.S. Department of Justice/Office of Justice Programs/Bureau of Justice Assistance. Authorization to submit an electronic application for the 2010 Second Chance Act Reentry Demonstration Program Competitive Grant. Consider staff recommendation to approve the St. Lucie County Sheriffs Office submission of the electronic application 2010 Second Chance Act Reentry Demonstration Program Competitive Grant offered by the U.S. Department of Justice/Office of Justice Programs/Bureau of Justice Assistance. 5. Authorization to submit an electronic application for the 2010 Paul Coverdell Forensic Science Improvement Grants Program. Consider staff recommendation to approve the St. Lucie County Sheriffs Office submission of the electronic application 2010 Paul Coverdell Forensic Science Improvement Grants Program offered by the U.S. Department of Justice/Office of Justice Programs/National Institute Justice. PARKS & RECREATION SERVICES Florida Department of Environmental Protection (FDEP) Ambient Air Monitoring Equipment Consider staff recommendation to approve of FDEP request to relocate an Ambient Air Monitoring Station to the Savannas Recreation Area from the old EOC site and authorization for the Chairman to sign documents as approved by the County Attorney. Donation from Indian River Estates Homeowners Association Consider staff recommendation to approve of Budget Resolution No. 10-144, to allocate the $2,800 donation from Indian River Estates Homeowners Association, and approval of E010-028 and EQ10-029 to purchase two playground elements, and authorization for the Chairman to sign documents as approved by the County Attorney. F. PARKS & RECREATION SERVICES CONTINUED 3. Demolition of BBQ Shelter — Property Record No. Y7601 — River Park Marina Consider staff recommendation to approve to demolish the BBQ shelter, Property Record No. Y7601, at River Park Marina. G. PUBLIC WORKS Administration: 1. Port of Fort Pierce Entrance Road (North 2°d Street) Consider staff recommendation to approve of third amendment to Work Authorization No. 17 with Taylor Engineering in the amount of $46,113.92 as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. St. James Drive Sidewalk Phase 2 Consider staff recommendation to approve of JPA No. 427660-1-58-01 with FDOT in the amount of $381,000 for St. James Drive Sidewalk Phase 2 as outlined in the agenda memorandum, approval of Resolution No. 10-142, and authorization for the Chairman to sign documents as approved by the County Attorney. Road & Bridge Division: 3. Amendment to Contract for Aquatic Vegetation Control Services Consider staff recommendation to approve of the sixth amendment to contract No. C07- 12-695 with Aquagenix, adding the Merritt drainage ditch and authorization for the Chairman to sign documents as approved by the County Attomey. 4. Change Order to Street Resurfacing Contract Consider staff recommendation to approve of Change Order No. 1 to contract C09-09-455 with Dickerson Florida, Inc. in the amount of $38,200.66 and authorization for the Chairman to sign as approved by the County Attorney. H. OFFICE OF MANAGEMENT & BUGET/PURCHASING Bid No. 10-022, Lawnwood Complex Gravity Sewer Extension Consider staff recommendation to approve to award Bid No. 10-022, Lawnwood Complex Gravity Sewer Extension, to Melvin Bush Construction, Inc. of Port St. Lucie, Florida, in the amount of $71,481.60 and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Amendment to Auditing Services Contract Consider staff recommendation to approve the second amendment to Contract No. C06- 08-570 with Berger, Toombs, Elam, Gaines & Frank, PL, to include the completion of the year ending September 30, 2010 audit and authorize the Chairman to sign documents as approved by the County Attorney. ST. LUCIE TRANSPORTATION PLANNING ORGANIZATION Resolution No. 10-145, Budget Amendment Consider staff recommendation to approve of Budget Resolution No. 10-145 in the amount of $33,406. SOLID WASTE Amendment to Contract for the Transportation and Disposal of St. Lucie County Landfill Leachate Consider staff recommendation to approve of the second amendment to Contract No. C09-07-260 with Aqua Clean Environmental Co., Inc. correcting the contract payment paragraph language to include "Per Fiscal Year", and authorization for Chairman to sign documents as approved by the County Attorney. Operation and maintenance services on the Landfill Gas Processing Equipment. Consider staff recommendation to approve contract with CPL Systems, Inc. for a monthly fixed fee of $7,200 and authorization for Chairman to sign the contract as approved by the County Attorney. K. PLANNING & DEVELOPMENT SERVICES Airport Division: Budget Resolution No. 10-143 Consider staff recommendation to approve of Budget Resolution No. 10-143 establishing the fund for the FDOT grant for the Florida Power & Light Utilities Relocation Reimbursement and authorization for the Chairman to sign documents as approved by the County Attomey. VII. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES Planning Division: Development Agreement — Airport Road Development, LLC Consider staff recommendation to hold the first public hearing and authorization to schedule the second public hearing for the DVA 10-001 on June 15, 2010, as outlined in the attached memorandum. B. COUNTY ATTORNEY Ordinance No. 10-017 — Amending Chapter 1-17 (Roads and Bridges) to Establish New Procedures for the Creation and Administration of Street Lighting Improvement Services District Consider staff recommendation to approve to adopt proposed Ordinance No. 10-017 as drafted. Vill. ADDITION PUBLIC WORKS Administration: Discussion on NOAA Sea Grant Aquaculture Research Program 2010 IX. ANNOUNCEMENTS The Master Gardener Spring into Gardening Festival will be held on Saturday May 151" from 8-2 p.m. As well as plants for sale from our nursery, there will also be some local vendors selling their products too. The sale will be held at the Extension office, 8400 Picos Road, Fort Pierce. Call 772-462-1660 or http://stlucie.ifas.ufl.edu for additional information. 2. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, May 25, 2010 at 1:30 p.m. in Conference Room #3. 3. The Board of County Commissioners will hold the 2010 Strategic Planning Session on Wednesday, May 26, 2010 from 1:00 p.m. to 5:00 p.m., Thursday, May 27, 2010 from 8:00 a.m. to 5:00 p.m. and Friday, May 28, 2010 from 1:00 p.m. to 5:00 p.m. at the Havert L. Fenn Center. 4. The Board of County Commissioners will hold a public hearing on Tuesday, June 1, 2010 at 6:00 p.m. for the St. Lucie County Water & Wastewater District amendment of rates, fees, and charges for water, sewer and reclaimed water. 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. 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 itiif#3ii#iiii###i#i#if####Bi#I#i�i##iil##i##i###iii##I#t#i#€tfi#itt##il#i##i#If###iiiil#i#iiii#iiiH##illii(i#ifti#ti#t###t####iii�#iii�i########ii#!i###il#i######i###iiii#ii#i##t#ii##ififi##B##f MINUTES Approve the minutes from the May 4, 2010 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 31 and 32. 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.stlucieco.org III €€IIBing 11ili€1€i111fiiii€iiilfilla11Ili€€€iiiii€iiiIll itiill 111 iii€ilt11illiii 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 fill[ Hill11i111111ill IngHii€1ill111 HIM It Will All pill # I Ili III ilwilill€1111 illii€€fi€ flip3ii€€iill06ll€t€fiii€iiiit€i€€fiiiifi€ii#i€€fi€i€€iiiii€€iii€€i€i€i€iiii€ii€€i€ MINUTES Approve the minutes from the May 4, 2010 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 31 and 32. 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. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 4, 2010 Convened: 6:00 p.m. Adjourned: 7:00 p.m. Commissioners Present: Charles Grande, Chairman, Chris Dzadovsky, Paula A. Lewis, Doug Coward, Chris Craft Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Mark Satterlee, Growth Management Director, Don West, Public Works Director, Jeff Furst, Property Appraiser, Don McLam, Asst. Central Services Director, Millie Delgado -Feliciano, Deputy Clerk INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the April 27, 2010 meeting. It was moved by Com. Coward, seconded by Com. Craft, to approve the minutes of the meeting held April 27, 2010, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 10-075 — Declaring the week of May 16 through May 22, 2010 a "Water Reuse Week". Consider staff recommendation to approve to adopt Resolution No. 10-075 as drafted. It was moved by Com. Lewis, seconded by Com. Coward, to approve Resolution No. 10-075, and; upon roll call, motion carried unanimously. Ms. Jane Bergstrom, Martin- St. Lucie Service Center Director SFWMD was present to accept the proclamation. B. COUNTY ATTORNEY Resolution No. 10-078 — Declaring May 4, 2010 as "Motorcycle Safety Awareness Month". Consider staff recommendation to approve to adopt Resolution No. 10-078 as drafted. It was moved by Com. Coward, seconded by Com. Craft, to approve Resolution No. 10-078, and; upon roll call, motion carried unanimously. C. COUNTY ATTORNEY Resolution No. 10-130 —"Travel and Tourism Week" Consider staff recommendation to approve to adopt Resolution No. 10-130 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve Resolution No. 10-130, and; upon roll call, motion carried unanimously. 04/30/10 FZABWARR ST. LUCIE COUNiY - BOARD WARRANT LIST #31- 24-APR-2010 TO 30-APR-2010 FUND SUMMARY PAGE 1 F� i TITLE 001 General Fund 001113 CDBG Supp Disaster Recovery Subgran 001164 USDOJ Violence Against Women Grant 001176 FTA Section 5303 F/Y06 001180 US Dept Housing HUD Shelter Plus Gr 001188 Section 112/MPO/Fhwa/Planning 2007 001436 INTACT Inspired Network to Achieve 001442 FCTD Planning Grant Agreement 001503 DHS/CERTComm Emergency Response Tm 001504 Dept Homeland -Citizen Corps Program 001509 US Dept of Housing CDBG 09 001510 CSBG FY 2009-2010 001511 ARRA CSBG 2009 001512 Neighborhood Stabilization Program 001515 FDCA EMPA FY10 101 Transportation Trust Fund 101001 Transportation Trust Interlocals 101002 Transportation Trust/80o Constitut 101003 Transportation Trust/Local Option 101004 Transportation Trust/County Fuel Tx 101006 Transportation Trust/Impact Fees 102 Unincorporated Services Fund 102001 Drainage Maintenance MSTU 1 309 Paradise Park Phase 2 SFWMD 1(j-i Fine & Forfeiture Fund 107001 Fine & Forfeiture Fund -Wireless Sur 107002 Fine & Forfeiture Fund-E911 Surchar 107006 F&F Fund -Court Related Technology 107205 Juvenile Justice & Delinquency Prev 113 Harmony Heights 3 Fund 114 Harmony Heights 4 Fund 115 Sheraton Plaza Fund 116 Sunland Gardens Fund 117 Sunrise Park Fund 119 Holiday Pines Fund 123 Queens Cove Lighting Dist#13 Fund 127 Pine Hollow Street Lighting MSTU 128 Kings Hwy Industrial Park Lighting 130 SLC Public Transit MSTU 130100 FTA 5307 Capital and Operating assi 130102 FTA 5307-ARRA 2009 Capital Projects 136 Monte Carlo Lighting MSTU#4 Fund 138 Palm Lake Gardens MSTU Fund 140 Airport Fund 140135 FAA Security Fencing & Runway 9L/27 140137 FAA Runway Rehab & Security Fencing 140335 Parallel Runway Design-9L/27R 140365 FDOT Rehab Runway 10R/28L EXPENSES 554,863.06 11,514.91 3.92 60.12 1,072.01 727.85 424.68 24.05 728.21 2,263.36 22.63 88.55 1, 171.22 574.90 5, 084 .83 6, 424.87 94.68 53,711.32 13,660.91 11,093.41 159.34 34,110.19 19,478.72 6,732.50 94,522.92 88.88 1,287.56 5,865.60 158.85 230.76 507.42 1,267.14 564.55 140.43 856.39 354.85 376.62 498.89 320.15 4, 888.00 9,000.00 1,756.59 256.45 7,572.62 4, 313.85 6,793.47 227.05 357.55 PAYROLL 508,454.37 3,244.60 51.24 786.01 135.09 9, 513.99 0.00 314.38 0.00 0.00 295.80 1, 157.60 2,238.32 1,703.00 0.00 35, 510. 40 1,237. 60 45,451.87 21,623.58 17,246.00 0.00 69,934.45 9, 869.20 0.00 145,874.36 1,122.83 1,122.83 8, 736. 95 2,076.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2, 067.37 0.00 0.00 0.00 0.00 11,486.56 0.00 0.00 0.00 0.00 04/30/10 FZABWARR FUND TITLE 150 160 183 183001 183004 183006 185010 185011 189100 189101 189201 310002 316 316802 318 401 418 451 458 461 471 478 479 491 505 505001 611 615 625 650 665 801 M ST. LUCIE COuivii - BOARD WARRANT LIST #31- 24-APR-2010 TO 30-APR-2010 FUND SUMMARY Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP 2008/2009 FHFA SHIP 2009/2010 Home Consortium Home Consortium FY 2008 FHFC Hurricane Housing Recovery Pla Impact Fees -Parks County Capital FIND Stan Blum Boat Ramp County Capital -Transportation Bond 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 Impact Fees Fund Law Library Agency Fund SLC Art in Public Places Trust Fund Bank Fund GRAND TOTAL: EXPENSES 116.53 2,377.75 1, 341.00 420.00 634.53 876.88 157.28 219.18 130.29 242.05 1, 416.82 1,000.00 15, 401.66 999.00 443,447.85 51, 985.24 17,354.56 15,522.85 50.21 58,467.83 7, 082.33 100.75 113.31 1, 739.54 23, 119.34 23,303.19 8, 469.76 16, 412.02 190.83 481.20 2,000.00 244,804.48 1, 806, 275. 09 PAGE PAYROLL 1, 523.20 3, 110.46 3, 009. 49 0.00 5, 404.72 0.00 2, 056.02 0.00 1, 703.00 0.00 0.00 0.00 0.00 0.00 0.00 52,283.08 19, 683.04 3, 540.27 656.23 18,438.64 7, 718.S4 1, 316.91 1, 481.03 15,662.22 1, 186.40 3,288.44 1, 901.01 0.00 0.00 0.00 0.00 0.00 1,045,217.10 Ms. Charlotte Lombard, St. Lucie County Tourism Coordinator was present to accept the proclamation. D. COUNTY ATTORNEY Resolution No. 10-129 —"Extension Awareness Week" Consider staff recommendation to approve to adopt the attached Resolution No. 10-129 as drafted. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 10-129, and; upon roll call, motion carved unanimously. Ms. Kathryn Hensley, School Board member was present to accept the proclamation. E. COUNTY ATTORNEY Resolution No. 10-135 —"St. Lucie County Correction Officer's Week" in St. Lucie County. Consider staff recommendation to approve to adopt Resolution No. 10-135 as drafted. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 10-135, and; upon roll call, motion carried unanimously. Chief Gary Wilson was present to accept the proclamation. IV. PROCLAMATIONS/PRESENTATIONS CONTINUED F. COUNTY ATTORNEY Resolution No. 10-136 - "Law Enforcement Week" and "Law Enforcement Memorial Day" in St. Lucie County, Florida. Consider staff recommendation to approve to adopt Resolution No. 10-136 as drafted. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 10-136, and; upon roll call, motion carried unanimously. Chief Gary Wilson was present to accept the proclamation. G. COUNTY ATTORNEY Resolution No.10-147 "Foster Care Month - May 2010" Consider staff recommendation to approve to adopt Resolution No. 10-147 as drafted, It was moved by Com. Coward, seconded by Com. Dzadovsky, to approve Resolution No. 10-147, and; upon roll call, motion carried unanimously. Ms. Rosanna Gonzalez of the Hibiscus Children's Center was present to accept the proclamation. V. GENERAL PUBLIC COMMENT Mr. Jeff Furst, Property Appraiser, addressed the Board regarding his budget. He advised the Board he would attempt to have the June 1s' figures by next Tuesday, May 11, 2010 however they will not be the final numbers but will be a good indicator of what they would be looking at for this year. VI. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Dzadovsky, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 31 The Board approved Warrant List No. 21. 2 B. COUNTY ATTORNEY St. Lucie County Fair Association, Inc. — Memorandum of Understanding — Fair Association Trailer The Board approved the Memorandum of Understanding and authorized the Chairman to sign the Memorandum. 2. Revocable License Agreement — Coral Square Shoppes FLA LLC The Board approved the Revocable License Agreement, contingent upon the reimbursement of $3,500.00 paid to L.E.B. Demolition for sign removal following Hurricanes Jeanne and Frances, authorized the Chairman to sign the Revocable License Agreement and direct Coral Square Shoppes FLA LLC to record the Agreement in the Public Records of St. Lucie County, Florida. C. PLANNING & DEVELOPMENT SERVICES Planning Division: St. Lucie Oaks Commercial Plat BCC-Csen-220104039 The Board approved the final plat to be known as St. Lucie Oaks Commercial Plat and authorized the Chairman to sign documents as approved by the County Attorney. D. PUBLIC WORKS St. James Sidewalk Phase 2 (Design) — Work Authorization No. 5 The Board approved Work Authorization No. 5 with Kimley Horn and Associates in the amount of $55,760 as outlined in the agenda memorandum and authorized the Chairman, to sign documents as approved by the County Attorney. D. PUBLIC WORKS CONTINUED 2. Local Agency Program (LAP) Agreement — St. James Drive Sidewalk Phase 1 The Board approved the LAP Agreement No. 422171-1-58-01 with Florida Department of Transportation (FDOT) in the amount of $201,000 for St. James Drive Sidewalk Phase 1, approved Resolution No. 10-137 and authorized signature by the Chairman. 3. Sunland Gardens, Harmony Heights 1, Harmony Heights 2, and Sunrise Park Street Lighting Districts The Board approved advertising publ is hearings for the Sunland Gardens, Harmony Heights 1, Harmony Heights 2, and Sunrise Park Street Lighting Districts to be held on June 1, 2010 at 6:00 p.m. or as soon thereafter as may be heard. E. HUMAN RESOURCES Catastrophic Inmate Medical Insurance Policy Renewal The Board approved renewing the Catastrophic Inmate Medical Insurance Policy and to pay the annual premium of $77,540.00. F. CENTRAL SERVICES Invitation to Bid Construction of Little Mud Creek Boat Ramp The Board approved advertising an Invitation to Bid Construction of Little Mud Creek Boat Ramp. G. GRANTS/DISASTER RECOVERY 1. Florida Division of Emergency Management Citizen Emergency Response Team Program — Budget Resolution 3 The Board approved Budget Resolution No. 10-140 to appropriate and expend funds received from the Florida Division of Emergency Management in the amount of $11,000 for continuation of the Citizen Emergency Response Team Program. 2. Florida Division of Emergency Management Citizen Emergency Response Team Program — Interlocal Agreement The Board approved the Interlocal agreement, as approved by the County Attorney, between St. Lucie County, the City of Port St. Lucie, the St. Lucie County Fire District, the St. Lucie County Sheriffs Office and Indian River State College governing the administration of St. Lucie County's Citizen Emergency Response Team Program. Florida Division of Emergency Management Citizen Corps Program — Budget Resolution The Board approved Budget Resolution No. 10-141 to appropriate and expend funds received from the Florida Division of Emergency Management in the amount of $7,000 for continuation of the Citizen Corps Program. G. GRANTS/DISASTER RECOVERY CONTINUED Severe Repetitive Loss Program — Contracts The Board approved accepting and executing five Severe Repetitive Loss contracts with the Florida Department of Emergency Management, as shown in Attachment A. VII. PUBLIC HEARINGS A. COUNTY ATTORNEY 2110 St. Lucie Blvd., Fort Pierce, FL — Unsightly and unsanitary conditions causing serious threat to public safety. Consider staff recommendation to authorize a 30 day notice be sent to the property owner ordering him to remove the unsightly and unsanitary conditions on the property or St. Lucie County will have it cleared and place a lien on the property. It was moved by Com. Craft, seconded by Com. Coward, to approve staff recommendation, and; upon roll call, motion carried unanimously. B. COUNTY ATTORNEY Ordinance No. 10-022 — Repealing Ordinance No. 07-004 which created the Whispering Oaks Community Development District Consider staff recommendation to approve to adopt Ordinance No. 10-022 and authorize the Chairman to sign the Ordinance. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve Ordinance No. 10-022, and; upon roll call, motion carried unanimously. Board comments: Com. Craft requested the Board ratify his appointment Mr. Don Chinquina to the Environmental Advisory Board. It was moved by Com. Coward, seconded by Com. Dzadovsky to ratify Com. Craft's appointment Mr. Don Chinquina to the Environmental Advisory Board, and; upon roll call, motion carried unanimously. Com. Dzadovsky addressed the oil spill on the gulf coast and requested information regarding possible reimbursement from the Federal Government for any expenses incurred by St. Lucie County in order to protect our beaches and the Estuary. 4 CONSENT AGENDA ITEMS 05/07/10 FZABWARR FUND TITLE 001 001113 001164 001176 001180 001188 001442 001509 001510 001511 001512 001513 001515 101 101001 101002 101003 101004 101112 102 102001 102809 104 105 107 107001 107002 107003 107006 107153 107164 107205 107206 111 112 115 118 120 121 122 126 130 130102 130209 139 140 140001 140135 ST. LUCIE COUNTY - BOARD WARRANT LIST #32- 01-MAY-2010 TO 07-MAY-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 Section 112/MPO/Fhwa/Planning 2007 FCTD Planning Grant Agreement 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 Interlocals Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx FHWA FDOT Walton Road Widening Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Phase 2 SFWMD Grants & Donations Fund Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology USDOJ Edward Byrne JAG FY07 USDOJ Edward Byrne Mem JAG 09/10 Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt River Park I Fund River Park II Fund Sheraton Plaza Fund Paradise Park Fund The Grove Fund Blakely Subdivision Fund Indian River Estates Fund Southern Oak Estates Lighting SLC Public Transit MSTU FTA 5307-ARRA 2009 Capital Projects FCTD TRIP FY 09/10 Palm Grove Fund Airport Fund Port Fund FAA Security Fencing & Runway 9L/27 EXPENSES 2, 474, 838. 64 114,928.82 15.15 24,965.90 1,254.30 3,171.89 159.57 87.41 2,295.43 1,116.60 895.64 3,451.00 4,228.72 10,658.31 365.70 49,260.48 28,137.75 9, 903.07 81,840.42 59,317.45 3,480.96 2, 997.78 94,205.00 89.38 3, 830, 999. 56 329.07 329.07 570.03 2,804.77 1,376.00 21,100.00 1, 605.70 5, 398.02 2, 799.72 605.62 633.57 875.65 177.40 96.81 995.62 124.52 632.34 545.00 27,858.10 755.41 10,401.49 46.13 8,104.66 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,263.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE 2 05/07/10 FZABWARR FUND TITLE 140335 140356 140358 150 160 183 183001 183004 185010 189100 189101 189201 250 262 295 310001 310002 316001 318 401 418 451 458 461 471 478 479 491 505 505001 611 625 630 665 681 682 683 689 690 ST. LUCIE COUNTY - BOARD WARRANT LIST #32- 01-MAY-2010 TO 07-MAY-2010 FUND SUMMARY Parallel Runway Design-9L/27R FDOT Airport Master Plan Update FDOT Update Master Drainage Plan Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FHFA SHIP 2008/2009 Home Consortium Home Consortium FY 2008 FHFC Hurricane Housing Recovery Pla Capital Projects I&S Tourism Dev 4th Cent I&S Fund River Branch I&S Fund Impact Fees -Library Impact Fees -Parks 5th Cent Fuel -Capital County Capital -Transportation Bond 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 SLC Art in Public Places Trust Fund King Orange 2 Skylark 2 Revels Lane 1 Rouse Road MSBU Treasure Cove/Ocean Harbor S MSBU GRAND TOTAL: EXPENSES 426.56 8,410.96 22,202.90 450.12 2,248.24 7,428.94 120.00 2,412.41 623.22 3, 432.54 50,000.00 3.31 173,069.10 419, 923.65 2,319.09 8, 898. 68 550.00 64,315.89 3,245.00 647,052.83 12,323.75 43,530.12 193.93 16,431.45 103,717.13 15,568.29 437.65 8, 334.95 56,843.80 971.73 581.45 6, 178.75 16.00 4, 540.59 4, 916.03 3,712.11 6,220.29 1, 587.83 4, 031.07 8,598,099.99 PAYROLL 0.00 0.00 0.00 0.00 157.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1, 633.70 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5,053.90 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B- Date : May 11, 2010 Regular [ ] Public Hearing[ ] Consent[X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Treasure Coast Research Park - Implementing Agreement with St. Lucie County School Board for Conveyance of Sixty (60) Acres BACKGROUND: See C.A. No. 10-0544 FUNDS AVAIL.: (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed Implementing Agreement for the conveyance of sixty (60) acres to the School Board of St. Lucie County as provided in the June 17, 2009 Sublease Agreement between the School Board and the University of Florida Board of Trustees. COMMISSION ACTION: jam] APPROVED [ ] DENIED [ J OTHER: Approved 5-0 County Attorney: Daniel S. McIntyre Originating Dept.: CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures Mgt. & Budget: Purchasing: Other: Other: Finance (Check for Copy only, if applicable): INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 10-0544 DATE: April 26, 2010 SUBJECT: Treasure Coast Research Park - Implementing Agreement with St. Lucie County School Board for Conveyance of Sixty (60) Acres BACKGROUND: On June 17, 2009, the School Board of St. Lucie County entered into a Sublease Agreement with the University of Florida Board of Trustees for property located north of Picos Road adjacent to the Treasure Coast Research Park. The Sublease is contingent upon the conveyance of fee simple title of approximately sixty (60) acres from the County to the School Board for the development of a K-20 school campus. Upon conveyance of the sixty (60) acres to the School Board, it will then assign its interest under the Sublease to the County. The County will then in turn further sublease that property to the Treasure Coast Education, Research and Development Authority for the Treasure Coast Research Park. A copy of the survey indicating the location of the sixty (60) acres west of Kings Highway and north of Picos Road is attached. On February 23, 2010, the Board conceptually approved the conveyance of the identified sixty (60) acres to the School Board. Attached to this memorandum is a copy of a proposed Implementing Agreement with the School Board which outlines the schedule and procedure for the conveyance to be completed by June 17, 2010 as required under the Sublease with the University of Florida. RECOMMENDATION/CONCLUSION : Staff recommends that the Board of County Commissioners approve the proposed Implementing Agreement for the conveyance of sixty (60) acres to the School Board of St. Lucie County as provided in the June 17, 2009 Sublease Agreement between the School Board and the University of Florida Board of Trustees. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator TCERDA Executive Director Property Acquisitions Manager County Surveyor IMPLEMENTING AGREEMENT THIS IMPLEMENTING AGREEMENT ("Agreement") is made this day of , 2010, between St. Lucie County, Florida, a political subdivision of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982 ("County"), and the School Board of St. Lucie County, Florida, a district school board constituted as pro- vided in Article IX, Section 4, of the Florida Constitution, whose address is 4204 Okeechobee Road, Fort Pierce, Florida 34946 ("School Board"). WITNESSETH WHEREAS, on June 17, 2009, the School Board entered into a Lease Agreement ("Lease") with the University of Florida Board of Trustees ("UF"), on behalf of the Institute of Food and Agricultural Sciences and Indian River Research and Education Center, whereby the School Board leased to OF certain real property ("Lease Premises") that comprises a portion of the School Board's educational farm; the Lease is subject to the Contingency (as defined below); and WHEREAS, simultaneously with entry into the Lease, the School Board and OF en- tered a Memorandum of Understanding ("MOU") with respect to the Lease Premises, which MOU generally provides for collaboration between the parties on research goals, methods, re- sults, and educational uses of the Lease Premises, including continued access by the School Board to the Lease Premises for educational uses and purposes not in conflict or interfering with use of, and subject to reasonable limitations imposed by, UF; and WHEREAS, on June 17, 2009, the School Board also entered into a Sublease Agreement ("Sublease") with UF, whereby OF subleased to the School Board certain real property ("Sub- lease Premises") that is adjacent to property controlled by the Treasure Coast Education, Re- search and Development Authority ("Authority"); the Sublease likewise is subject to the Contin- gency; and WHEREAS, both the Lease and the Sublease are contingent upon the conveyance of fee simple title to an approximately 60 acre parcel of land from the County to the School Board for the development of a school campus ("Contingency"); and WHEREAS, upon satisfaction of the Contingency, (i) the Lease will be recorded, (ii) the Sublease will be recorded, (iii) the School Board will assign to the County its interest under the Sublease, (v) the County will accept assignment of, and assume all obligation and responsibility under, the Sublease, and (v) the County will sub -sublease the Sublease Premises to the Authori- ty; and WHEREAS, the County is the owner of that certain real property in St. Lucie County, Florida, described in the attached Exhibit A ("Real Property"); and WHEREAS, to implement and satisfy the Contingency as set forth in the Lease and the Sublease, the County desires to transfer and convey, and the School Board desires to acquire, fee simple title to the Real Property, subject to the terms and conditions set forth in this Agreement. SCH 0500159 SLC-SB Contingency Parcel Impl'g AGR (V4 CL) I NOW, THEREFORE, for and in consideration of the premises, the parties hereby cove- nant and agree as follows: 1. Conveyance of Real Property. Subject to the terms and conditions hereinafter set forth, the County agrees to convey, grant, and transfer to the School Board, and the School Board agrees to accept, all of the County's fee simple right, title, and interest in and to the Real Proper- ty, together with all appurtenant estates, rights, and interests. 2. Consideration. The consideration for the Real Property shall be the lease by the School Board to OF of the Lease Premises, and the assignment by the School Board to the Coun- ty of the Sublease and the Sublease Premises. 3. [Paragraph omitted] 4. Closing Date and Place. Subject to the terms and conditions of this Agreement, the closing on the Real Property ("Closing") shall take place at a location in St. Lucie County, Florida, no later than June 17, 2010 ("Closing Date"). The date, time, and place of Closing shall be agreed between the parties, provided, however, that the School Board agrees that upon request of the County, Closing shall be by exchange of documents by overnight delivery. 5. _Restrictions; Easements; Limitations. The School Board shall take title to the Real Property subject only to the following (collectively, the "Permitted Exceptions"): (a) Comprehensive land use plans, zoning ordinances, restrictions, prohibi- tions, and other requirements imposed by governmental authority, provided that there ex- ists at Closing no violation of the foregoing and none of them prevents use of the Real Property for public educational facilities, auxiliary facilities, and related institutional uses and purposes; (b) All assessments and taxes for the year of Closing and all subsequent years not yet due and payable; (c) Standard sovereignty land and personalty exceptions; (d) The additional exception to title listed on the attached Exhibit B; and (e) Such other matters as agreed to by the School Board. 6. Occupancy; Possession. The County represents that the Real Property is currently leased to the Authority under that certain lease dated March 28, 2006 ("Authority Lease"), and is currently occupied under a cattle grazing lease from the Authority to Tom White and Lee Ann White dated April 1, 2008 ("Cattle Lease"). The County agrees to take such action as necessary or appropriate (a) to amend or otherwise revise the Authority Lease and the Cattle Lease so as to release the Real Property from such agreements, and (b) to deliver exclusive possession of the Real Property to the School Board on the Closing Date. SCH 0500159 SLC-SB Contingency Parcel Impl'g AGR (V4 CL) 7. School Board's Inspection. (a) Within five (5) days of the Effective Date, as defined below, the County (i) shall deliver to the School Board copies of all documentation possessed by or under the control of the County and its agents and contractors respecting the use, development, or condition of the Real Property, including but not limited to any policy of title insur- ance; boundary or topographic survey; aerial photograph, environmental assessment, au- dit, or report; soils test; zoning or rezoning resolution or ordinance; site plan; site plan or planned unit development approval; development order; construction plan or approval; building permit; building plan; certificate of occupancy; or governmental agency notice, complaint, order, or citation, and (ii) shall advise the School Board of the identity and location of any additional such documentation actually known by the County to exist but not in the possession or control of the County or its agents or contractors. The County makes no warranty or representation with respect to the accuracy of any report or docu- ment provided to the School Board by the County and the School Board shall rely upon its own investigation and inspection of the Real Property to satisfy the School Board that the Real Property is suitable for the School Board's intended use. (b) The School Board shall have from the Effective Date of this Agreement until June 16, 2010 ("Inspection Period") to make such inspections and to conduct such tests and assessments as the School Board deems appropriate, and otherwise to satisfy it- self and to notify the County whether the Real Property is suitable, in the School Board's sole and absolute discretion, for the School Board's intended use. During the Inspection Period, the County shall provide the School Board and its agents with access to the Real Property for purposes of inspections and investigations upon reasonable prior notice to and arrangement with the County. (c) Subject to the limitations set forth in Section 768.28, Florida Statutes, the School Board agrees to indemnify the County against any and all claims against the County arising out of the School Board's inspection or any testing of the Real Property. (d) If the School Board notifies the County, in writing, during the Inspection Period that the Real Property is not suitable for the School Board's intended use, this Agreement shall be deemed terminated, and the parties shall be relieved of all obligations under this Agreement. If the School Board does not so notify the County during the In- spection Period, the School Board's right to terminate under this paragraph shall be deemed waived, and the School Board will close on or before the Closing Date. (d) The School Board hereby acknowledges that in the event and as of Clos- ing and consummation of the transactions contemplated by this Agreement, the School Board will be deemed conclusively (i) to have been given full opportunity to inspect and investigate the condition of the Real Property in all respects, (ii) to have accepted the condition of the Real Property, and (iii) to have accepted the Real Property in its "as is" condition as of the Closing, without representation, warranty, covenant or inducement of any kind, express or implied, by the County, except for such representations, warranties, and covenants expressly set forth in this Agreement, in the documents and instruments delivered by the County at Closing, or as are contained therein by operation of law. SCH 0500159 SLC-SB Contingency Parcel Impl'g AGR (V4 CL) 8. [Paragraph omitted] 9. School Board's Conditions of Closing. The School Board's obligation to close the transaction contemplated by this Agreement is expressly conditioned upon there being, on the Closing Date: (a) No violation of any comprehensive land use plan, zoning ordinance, envi- ronmental statute or regulation, or other restriction, limitation, or requirement imposed by the governmental authorities exercising jurisdiction over the Real Property that would prevent the Real Property from being used for public educational facilities, auxiliary fa- cilities, and related institutional uses and purposes, provided, however, the parties ac- knowledge that (i) a change to the zoning of the Real Property will be required to con- form the zoning to the intended use by the School Board, and (ii) as provided in Subsec- tion 6.6 of the Amended and Restated Interlocal Agreement for Public School Facility Planning dated March 16, 2009, the School Board shall cooperate with the County in un- dertaking such conforming change to the zoning prior to proceeding with development of the Real Property; (b) No contamination of the Real Property with any hazardous substance; no federal, state, or local "superfund" lien, proceeding, claim, liability, or action, or the threat or likelihood thereof, for the cleanup, removal, or remediation of any hazardous sub- stance from the Real Property or from any other Real Property owned or controlled by or in which the County or its affiliates has an interest, legal or equitable; no asbestos on the Real Property; and no underground storage tank on the Real Property. The failure of the conditions set forth in this paragraph, without the School Board's express writ- ten waiver, shall entitle the School Board, in its sole and absolute discretion, to terminate this Agreement, whereupon the parties shall be relieved of all obligations under this Agreement. 10. Survey. The School Board, at the School Board's expense, shall have the Real Property surveyed during the Inspection Period. If the survey ("Survey"), certified by a profes- sional land surveyor licensed by the State of Florida, shows any material encroachment on the Real Property or that improvements located on the Real Property encroach on setback lines, easements, or the land of others, or violate any restriction, covenant, or applicable governmental regulation, the School Board may elect to terminate this Agreement prior to the expiration of the Inspection Period as provided in paragraph 7 above. 11. Title Insurance. (a) Within fifteen (15) days of the Effective Date, the School Board shall ob- tain a title insurance commitment issued by a Florida licensed title insurer agreeing to is- sue to the School Board, upon recording of the deed to the School Board, an owner's pol- icy of title insurance in the amount of Two Million and Seventy Thousand and No/100s Dollars ($2,070,000.00) and insuring the School Board's title to the Real Property, sub- ject only to the Permitted Exceptions as set forth in paragraph 5 of this Agreement and those that shall be discharged by the County at or before Closing ("Commitment"). The SCH 0500159 SLC-SB Contingency Parcel Impl'g AGR (V4 CL) 4 County shall convey marketable title subject only to the Permitted Exceptions specified in this Agreement. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. (b) If the Commitment includes any exceptions to title other than the Permit- ted Exceptions, the School Board shall have a period of fifteen (15) days from receipt of the Commitment ("Title Review Period") in which to notify the County in writing of any defect in title that is unacceptable to the School Board. If the School Board timely noti- fies the County of any title objection, the County shall have until the Closing Date to cor- rect all matters described in the objection, and the County covenants to exercise diligent and good faith efforts to correct the same. Notwithstanding the above, the County shall not be required to spend any funds to take such action as may be necessary to correct any title defects and under no circumstances shall the County be obligated to bring suit to cure any such defects. (c) If the School Board does not timely provide notice of any title objection prior to the expiration of the Title Review Period, title shall be deemed accepted by the School Board subject to the exceptions to title shown in the Commitment (but subject to satisfaction of the requirements shown thereon). (d) Notwithstanding the foregoing, the County shall be required to discharge and/or obtain releases of the Real Property from any mortgages, security interests, and other monetary liens encumbering the Real Property. (e) The School Board may at its discretion update the effective date of the Commitment. If any title update reflects the existence of any adverse matters other than those listed on the Commitment or any prior update which will appear as Schedule B ex- ceptions to the owner's title insurance policy to be issued in accordance with the terms of this Agreement, the School Board shall have ten (10) days from receipt of such update to deliver to the County a written objection to said matters, which shall be deemed title de- fects. The County shall have until the Closing Date to correct all matters described in the objection, and the County covenants to exercise diligent and good faith efforts to correct the same. Notwithstanding the above, the County shall not be required to spend any funds to take such action as may be necessary to correct any title defects and under no circumstances shall the County be obligated to bring suit to cure any such defects. (f) Notwithstanding the foregoing, the School Board shall have no right to make any objection to title under subparagraph I I (e) of this Agreement for the following: (i) Real estate taxes for the then -current year; (ii) Matters caused by, or on behalf of, the School Board; (iii) Ordinances, resolutions and/or similar documents recorded by any governmental and/or quasi -governmental body which are not specific to the Real Property; SCH 0500159 SLC-SB Contingency Parcel Impl'g AGR (V4 CL) 5 (iv) Comprehensive plan amendments, zoning resolutions and/or or- dinances, and/or documents reflecting changes in the permitted zoning and use of the Real Property which are consistent with the development of the Real Property as a public school of standard design in St. Lucie County; (v) Any document that reflects an obligation that will be discharged by the County prior to or at the time of Closing; and/or (vi) Any matter that does not materially adversely affect the Real Prop- erty and/or the ability of the School Board to develop the Real Property as a pub- lic school of standard design in St. Lucie County. (g) If the title objection is not cured by the Closing Date, then the School Board, at its option to be exercised by written notice delivered to the County by the Clos- ing Date, shall advise the County of the School Board's election either: (i) To waive the School Board's objections to title and continue to Closing in accordance with this Agreement; or (ii) To terminate this Agreement, and the County and the School Board shall be released from their respective obligations and liabilities hereunder (other than obligations and liabilities which specifically survive termination). 12. Interest Conveyed. At Closing the County shall execute and deliver to the School Board a statutory deed in accordance with Section125.411, Florida Statutes, conveying market- able title to the Real Property in fee simple free and clear of all liens, reservations, restrictions, easements, leases, tenancies, and other encumbrances, except the Permitted Exceptions. 13. Closing Documents. The County shall fumish the deed described in paragraph 12 of this Agreement; the title, possession, and lien affidavit certified to the School Board and title insurer in accordance with Section 627.7842, Florida Statutes; all corrective instruments; and the closing statement. 14. Expenses. The cost of the title insurance premium, documentary stamps on the deed to the Real Property (if any), title or abstract charges, title examination fees, settlement or closing fees, and recording the deed to the Real Property shall be paid by the School Board. The cost of recording any and all corrective instruments necessary to assure good and marketable title to the Real Property shall be paid by the County. Each party shall bear its own attorney's fees incurred in connection with closing the transaction contemplated by this Agreement. 15. [Paragraph omitted] 16. Condition of Real Property. The County represents and warrants to the School Board that it (a) has not received written notice from any governmental agency as to any cur- rently uncorrected code violation on the Real Property, or the presence of any contaminant or hazardous material on the Real Property in violation of any applicable law, rule, or regulation SCH 0500159 SLC-SB Contingency Parcel Impl'g AGR (V4 CL) 6 relating to contaminants or hazardous materials, (b) has no knowledge of any condition described in subparagraph (a) of this paragraph 16, and (c) has no knowledge of any condition described in subparagraph 9(b) of this Agreement. 17. Risk of Loss. The County assumes all risk of loss or damage to the Real Property prior to the date of Closing and warrants that the Real Property shall be transferred and conveyed to the School Board in the condition required in paragraph 9 of this Agreement. In the event the condition of the Real Property is altered by strike, flood, hurricane, riot, fire, explosion, war, act of God, sabotage, accident, or any other casualty or cause beyond the control of either party, the School Board may elect, at its sole option and by written notice to the County, to terminate this Agreement and neither party shall have any further obligation under this Agreement. 18. Right to Enter Property. The County agrees that from the date this Agreement is executed by the County, the School Board and its agents, upon reasonable notice, shall have the right to enter the Real Property for all lawful purposes in connection with this Agreement, and the County shall not unreasonably withhold approval for such access. Subject to the limitations set forth in Section 768.28, Fla. Stat., the School Board shall hold the County harmless from any claim or damages to persons or property caused by the School Board or its agents as a result of such entry. 19. Access. The County represents and warrants that there is legal ingress and egress to the Real Property, and the County has no knowledge of any impediment to the School Board's use of such legal access for and ingress and egress to the Real Property following Closing. 20. [Paragraph omitted] 21. Attorney's Fees, Costs. In any litigation, including breach, enforcement, or inter- pretation, arising out of this Agreement, the prevailing party in such litigation shall be entitled to recover reasonable attorney's fees, costs, and expenses. 22. Failure of Performance. If the School Board fails to perform this Agreement within the time specified, the School Board and the County shall be relieved of all obligations under this Agreement. If for any reason other than failure of the County to make the County's title marketable after diligent effort the County fails, neglects, or refuses to perform this Agree- ment, the School Board may seek recovery of all expenses incurred in securing an inspection un- der paragraph 7, a survey under paragraph 10, and a title insurance commitment under paragraph 11. 23. [Paragraph omitted.] 24. Recording. Neither this Agreement nor any notice of it may be recorded. 25. Assignment. This Agreement is not assignable by either party. 26. Time. Time is of the essence with regard to all dates or times set forth in this Agreement. SCH 0500159 SLC-SB Contingency Parcel Impl'g AGR (V4 CL) 27. Severability. In the event any of the provisions of this Agreement are deemed to be unenforceable, the enforceability of the remaining provisions of this Agreement shall not be affected. 28. Successors -in -Interest. This Agreement is binding upon and inures to the benefit of the parties and their legal representatives, successors, and assigns. 29. Entire Agreement. This Agreement contains the entire agreement and whole un- derstanding between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous communications, agreements, representations, and understandings, whether oral or written, between the parties. No change, supplement, modification, or amend- ment to this Agreement shall be binding unless executed in writing by both parties. 30. Waiver. Failure of either party to insist upon strict performance of any covenant or condition of this Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition, or right, but the same shall remain in full force and effect. 31. Modification. No modification, amendment, or alteration to this Agreement shall be effective or binding upon either of the parties until executed by both of the parties. 32. Notices. All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing (including facsimile transmission, telex, and telegraphic communication) and shall be (as elected by the person giving such notice) hand deli- vered by messenger or courier service, telecommunicated, or mailed by registered or certified mail, postage prepaid, return receipt requested, and addressed to: As to County: Faye W. Outlaw, M.P.A. County Administrator St. Lucie County 2300 Virginia Ave. Fort Pierce, Florida 34982 Facsimile: As to School Board: Michael J. Lannon Superintendent of Schools of St. Lucie County 4204 Okeechobee Road Fort Pierce, Florida 34946 Facsimile: (772) 429-3916 With copy to: Daniel S. McIntyre, Esq. County Attorney St. Lucie County 2300 Virginia Ave. Fort Pierce, Florida 34982 Facsimile: (772) 462-1440 With copy to: Daniel B. Harrell Gonano & Harrell 1600 S. Federal Highway, Suite 200 Fort Pierce, Florida 34950-5194 Facsimile: (772) 464-0282 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered: (a) on the date delivered if by personal de- SCH 0500159 SLC-SB Contingency Parcel Impl'g AGR (V4 CL) livery; (b) on the date telecommunicated if by telegraph; (c) on the date of transmission with confirmed answer back if by facsimile transmission or telex; and (d) on the date upon which the return receipt is signed, or delivery is refused, or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 33. Warranty. The County warrants that there is no fact known to the County mate- rially affecting the value of the Real Property that is not readily observable by the School Board or that has not been disclosed to the School Board. 34. and 35. [Paragraphs omitted] 36. Survival. The covenants, warranties, representations, indemnities, and undertak- ings of the County set forth in this Agreement, including but not limited to the matters contained in paragraphs 16, 17, 19, and 33 shall survive the Closing, the delivery and recording of the deed described in paragraph 12 of this Agreement, and the School Board's possession of the Real Property for a period of one (1) year following the Closing Date, and shall then expire and termi- nate. 37. Interpretation; Jurisdiction and Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. In the event of litigation concern- ing this Agreement, jurisdiction and venue shall be in the Nineteenth Judicial Circuit in and for St. Lucie County, Florida, and the parties expressly agree and consent to the exercise of personal jurisdiction in such court in connection with any such dispute. 38. Effective Date. This Agreement shall be effective on the date ("Effective Date") on which the last of the parties executes this document, provided, however, unless so executed by both parties, and the fact of such execution communicated to each party, on or before May 2010, at 5:00 p.m. Eastern Daylight Time, this document shall be of no force or effect. 39. Construction. This Agreement shall not be construed more harshly against or fa- vorably for any party regardless of which party is responsible for its preparation. 40. Return of Documents,• Delivery of Inspections Materials. In the event this Agreement is terminated prior to Closing for any reason, the School Board shall: (a) Return to the County any and all documentation delivered to the School Board in accordance with subparagraph 7(a) or any other provision of this Agreement; and (b) Deliver to the County the results of its inspections undertaken in accor- dance with paragraph 7(b) and the Survey undertaken in accordance with paragraph 10, together with any and all materials and documents prepared by or on behalf of the School Board in connection with such inspections and the Survey. 41. [Paragraph omitted] SCH 0500159 SLC-SB Contingency Parcel Impl'g AGR (V4 CL) 42. Counterparts; Facsimile. This Agreement may be executed in a number of iden- tical counterparts and the fact of execution communicated by facsimile transmission between the parties. If so executed, each such facsimile shall be deemed to be an original for all purposes, and all such counterparts shall, collectively, constitute one Agreement, but in making proof of this, it shall not be necessary to produce or account for more than one counterpart. Further, if agreement is achieved by counterpart execution, then in such case, the parties further agree sub- sequently to execute a number of fully executed originals to be distributed to each party and its counsel for their respective files. 43. Representation. Each party represents and agrees that it either has been represented by its own attorney or has knowingly waived its right to be so represented in the ne- gotiation, drafting, execution, and delivery of this Agreement. SCH 0500159 SLC-SB Contingency Parcel Impl'g AGR (V4 CL) 10 IN WITNESS WHEREOF, the parties have caused the execution of this Agreement by their duly authorized officials as of the date set forth above. COUNTY: ST. LUCIE COUNTY, FLORIDA By: Print Name: Title: Date: 2010 APPROVED AS TO LEGAL FORM AND CORRECTNESS: County Attorney SCHOOL BOARD: SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA Troy Ingersoll, Chair Date: 2010 SCH 0500159 SLC-SB Contingency Parcel Impl'g AGR (V4 CL) EXHIBIT A DESCRIPTION OF REAL PROPERTY SCH 0500159 SLC-SB Contingency Parcel Impl'g AGR (V4 CL) 12 NORTH 1/4 CORNER, 5• OF SECTION 14 N WE S 0 300 SCALE FEET LINE TABLE LINE BEARING LENGTH L1 S89'33'S4'W 108.00 L2 S00'12'42'E 51.00 L3 N89'3T03'E 4.00 L4 NDO-34-58-W 24.64 L5 N44'35'34'E 43.75 L6 N00'32'56-W 110.43 L7 N45-24-26-W 1 50.22 — — 53' NORTH LINE OF THE NE 1 /4 SEC. 14. TWP 35S., RNG 39E. (BASIS OF BEARINGS) N.S.L.R.W.C.D. CANAL No. 46 (VARIABLE VADTH R/W) 0. C. NdB 33 54 14E5.01' P. 0. B. 5t' II II I 25 1 N m IIII I I 50' m 54' I LA NE1/4OFTHE NE 1/4 SECTION 14, TOWNSHIP 35 SOUTH, �IIIm o RANGE 39 EAST. J m �11I1 � Im v zz OVERALL AREA 2.613,600 SO. FT. 60.00 ±ACRES to ENT 52'50' Vw_-INWTI/4 SE 1/4, NE 1/4 NE 1/4, SE 1/4, NE 1/4CTION 14, SECTION 14 S., RNG 39E. TVP 35S., RNG 39L ------- — IIII ---- � 1155. I SB9'3B W I I I EAST 1/4 CORNER IIII I I I I I I IIII I IIII IIII II OF SECTION 14 — — — —�— — — — PIC_OS ROAD -- \�N.S.L.R.1P.C.D. CANAL_ No. 47Z _ SOUTH LINE OF THE NE 1/4 SEC. 14. TWP 35S., RNG 39E.� _ NO SEE TABLE SHEET 2 OF 2 FOR ADDITIONAL BEARING DELTA NOTES. SURVEY CHORD CURVE URVE LENGTH RADIUS TANG C1 404.00 1350.00 203.52 402.49 N09'09'21W 17'08'46' C2 296.21 1350.00 148.70 295.61 N11'26'36'W 12'34'1T LEGEND PROPOSED PARCEL PROPERTY LINE — — — — — — SECTION LINE — — RIGHT OF WAY LINE NORTH ST. LUCIE RIVER N.S.L.R.W.C.D. WATER CONTROL DISTRICT P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT P.B. PLAT BOOK PG. PAGE RNG RANGE TWP TOWNSHIP Z. THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY. NOT A BOUNDARY RETRACEMENT SURVEY. 3. THIS SHEET IS NOT VALID WITHOUT SHEET NUMBER 2 OF 2. This n Ufes that o tegd d-1ption and sketch of the property d .. food hereon sas mod. k nder my n*, si— and that this 1.0 d._*fian m,d skketch meet& the mine wm tach icN standard. eof fo th by the Aorldo Bomr1 of PraAMNanN Land S, yers In Chapter 61G17-6, Florid. Adknhi hvtl.+ Code, poraent I. Section 472.027, Florida Statues. ��7 /ra true and ocaeate tatbt th/y knoWedpe and bNiet.t fanotes td ereon. I ECORv 011OU � 6 A A7E OT VALlD N11NOL/T 7HE SIGN WRE AND DE ORIGINAL RAISED SEAL OF THE FLORIDA LJCENSEC tf10R ANO YAPPER ABOVE �- ^�❑ KndeyHDm ;2/1'7/09 LEGAL DESCRIPTION AND SKETCH OFSHM "w►IMI"�ST. LUCIE SCHOOL BOARD PROPERTY 1 OF2 CTN0' ALTERNATIVE NO. 3 ry ,� M11eltYAiMI fe% Cmi M1-MM___ eMrv-,asam& u er LEGAL DESCRIPTION 60 ACRE TRACT ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING A PORTION OF SECTION 14, TOWNSHIP 35 SOUTH, RANGE 39 EAST, TALLAHASSEE BASE MERIDIAN, AND BEING IN ST. LUCIE COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FOR REFERENCE AT THE NORTHEAST CORNER OF SECTION 14, THENCE, BEARING SOUTH 89'33'54" WEST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 14, A DISTANCE OF 108.00 FEET TO A POINT; THENCE, LEAVING SAID NORTH LINE, BEARING SOUTH 00'12'42" EAST, A DISTANCE OF 51.00 FEET TO A POINT BEING THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF THE NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT (N.S.L.RW.C.D.) CANAL No. 46 AND THE WEST RIGHT OF WAY LINE OF N.S.L.R.W.C.D CANAL No. 40, SAID POINT BEING THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE ALONG SAID WEST RIGHT OF WAY LINE OF CANAL No. 40, THE FOLLOWING THREE (3) COURSES: 1. BEARING SOUTH 00'12'42" EAST, A DISTANCE OF 1,287.24 FEET TO A POINT; 2. THENCE, BEARING NORTH 89*37*03" EAST, A DISTANCE OF 4.00 FEET TO A POINT; 3. THENCE, BEARING SOUTH 00'12'42" EAST, A DISTANCE OF 799.38 FEET TO A POINT; THENCE, LEAVING SAID WEST RIGHT OF WAY LINE, BEARING SOUTH 89'38'38' WEST, A DISTANCE OF 1.155.50 FEET TO A POINT; THENCE, BEARING NORTH 00'34'58' WEST, A DISTANCE OF 24.64 FEET TO A POINT OF CURVATURE; THENCE, ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 1,350.00 FEET, A CENTRAL ANGLE OF 17-08.46. WITH A CHORD LENGTH OF 402.49 FEET, AND BEARING NORTH 09'0971' WEST; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 404.00 FEET TO A POINT OF REVERSE CURVATURE; THENCE, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1,350.00 FEET, A CENTRAL ANGLE OF 12'34'17'; WITH A CHORD LENGTH OF 295.61 FEET, AND BEARING NORTH 11'26'36' WEST; THENCE NORTHERLY ALONG THE ARC, A DISTANCE OF 296.21 FEET TO A POINT; THENCE, BEARING NORTH 44'35'34" EAST, A DISTANCE OF 43.75 FEET TO A POINT; THENCE, BEARING NORTH 00'32'56" WEST, A DISTANCE OF 110.43 FEET TO A POINT; THENCE, BEARING NORTH 45'24'26" WEST, A DISTANCE OF 50.22 FEET TO A POINT; THENCE, BEARING NORTH 00'34'58" WEST, A DISTANCE OF 1,195.48 FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF SAID CANAL No. 46 THENCE, BEARING NORTH 89"33'54" EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 1,285.01 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 2,613,600 SQUARE FEET OR 60.00 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. NOTES: 1. THE BEARING BASE FOR THIS SURVEY IS THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 35 SOUTH, RANGE 39 EAST. SAID LINE IS ASSUMED TO BEAR SOUTH 89-33-54" WEST IN ACCORDANCE TO NOTE 2. 2. THIS SKETCH AND LEGAL BASED ON THE BOUNDARY AND TOPOGRAPHIC SURVEY PREPARED BY CULPEPPER AND TERPENING, INC, JOB NO. 04-072S, DATED MAY 5, 2004. THIS IS NOT A BOUNDARY SURVEY, IT IS FOR INFORMATION PURPOSES ONLY. 3. THE PREMISES SHOWN HEREON MAY BE SUBJECT TO ANY EXISTING EASEMENTS, RIGHT—OF—WAY, RESTRICTIONS, AND SETBACK LINES WHETHER OR NOT THEY MAY BE SHOWN HEREON OR WHETHER OR NOT RECORDED IN THE PUBLIC RECORDS. 4. THIS SURVEY EXHIBIT IS NOT INTENDED TO PROVIDE TITLE OPINION OR OWNERSHIP, 5. THIS SHEET IS NOT VALID WITHOUT SHEET NUMBER 1 OF 2. °�'�" G01 ❑�� andAssoaaGes,lnc. 12% E LEGAL DESCRIPTION AND SKETCH OF SHM7 ©amp-mmAm "Offar m, ST. LUCIE SCHOOL BOARD PROPERTY 2 OF 2 afaao n GOU — 9—k *b i— a—k ti ]a!e PR0.ECf N0. tm> m FAX (m az ww ALTERNATIVE NO. 3 wwiuur-"w*m � u we EXHIBIT B ADDITIONAL PERMITTED EXCEPTION Federal liens and judgment liens, if any, filed with the Florida Department of State pursuant to Section 713.901, et seq., Fla. Stat., and Section 55.201, et seq., Fla. Stat., respectively, which designate the Florida Department of State as the place for filing federal liens and judgment liens against personal property. For insuring purposes: (a) Pursuant to Section 713.901, et seq., Fla. Stat., personal property includes, but is not limited to, mortgages, leaseholds, mortgages on leaseholds, interests in cooperative associations, vendees' interests, and options when those interests are held by a partner- ship, corporation, trust, or decedent's estate; and (b) Pursuant to Section 55.201, et seq., Fla. Stat., personal property includes, but is not limited to, leaseholds, interests in cooperative associations, vendees' interests, and options regardless of the type of entity holding such interests, including individuals. (Note: Mortgages have been specifically excluded from the personal property interests in which a judgment lien may be acquired under the provisions of Section 55.201, et seq., Fla. Stat.) SCH 0500159 SLC-SB Contingency Parcel Impl'g AGR (V4 CL) 13 Missy Stiadle From: Missy Stiadle Sent: Monday, May 10, 2010 8:36 AM To: Barbara Felton; Carol Bishop; Charlene Furtado; Charline Burgess; Chris Craft; Chris Dzadovsky; Customer Service; Daniel McIntyre; Doug Coward; Erick Gill; Eva O'Donnell; Faye W. Outlaw; Millie Feliciano; Michelle Hylton; Janet Pentz; Jerome Adams; Joe Cimino; Kara Wood; Kristin Tetsworth; Lee Ann Lowery; Liz Martin; Mark Satterlee; Michael Brillhart; Mike Claus; Missy Stiadle; Nelson A Azcuenaga; Paula Lewis; Robin Meyer; Shane DeWitt; Terri Ann Palumbo Cc: Karen L Smith; Charlene Furtado; Liz Martin; Ja'net Pentz; Missy Stiadle; Faye W. Outlaw; Lee Ann Lowery Subject: PULLED AGENDA ITEM - AGENDA ITEM No. VI-132 Importance: High PLEASE NOTE: AGENDA ITEM VI -BE HAS BEEN PULLED FROM CONSENT UNDER COUNTY ATTORNEY. IT WAS A DUPLICATE UNDER ENVIRONMENTAL RESOURCES AND WILL BE PRESENTED BY THEM. THANK YOU B. COUNTY ATTORNEY 2. PULLED PRIOR TO MEETING Resolution No. 10-115 - Amending the Duties, Functions, Memberships, and Procedures of the Sustainability Advisory Committee Formed by Resolution No. 06-325 Consider staff recommendation to adopt Resolution No. 10-115 and authorize the Chairman to sign the Resolution. Missy Stiadle Executive Assistant to the County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 (772) 462-1156 (772) 462-2131 stiadlem@stlucieco.org Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-2 DATE: May 11, 2010 REGULAR[] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre SUBJECT: Resolution No. 10-115 - Amending the Duties, Functions, Memberships, and Procedures of the Sustainability Advisory Committee Formed by Resolution No. 06-325 BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 10- 115 and authorize the Chairman to sign the Resolution. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED OTHER: Pulled prior to meeting Faye W. Outlaw, MPA County Administrator Review and Approvals �� Management � Budget Purchasing: County Attorney' : 9 9 9 Daniel 5. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C. A. NO.: 10-0550 DATE: April 27, 2010 SUBJECT: Resolution No. 01-115 - Amending the Duties, Functions, Memberships, and Procedures of the Sustainability Advisory Committee Formed by Resolution No. 06-325 BACKGROUND: On November 14, 2006, the Board adopted Resolution No. 06-325 which formed the Sustainability Ad Hoc Advisory Committee (SAC). The role of the SAC is to advise and make recommendations to the Board of County Commissioners on matters relating to sustainabilty practices. Attached to this memorandum is draft Resolution No. 10-115 which, if adopted, would amend the duties, functions, memberships and procedures of the Sustainability Advisory Committee. RECOMMENDATION/CONCLUSION : Staff recommends that the Board adopt Resolution No. 10-115 and authorize the Chairman to sign the Resolution. ully submitted Daniel 5, N County Att DSM/caf Attachment RESOLUTION NO. 10-115 A RESOLUTION TO AMEND RESOLUTION NO. 06-325, AMENDING THE DUTIES, FUNCTIONS, MEMBERSHIPS, AND PROCEDURES OF THE SUSTAINABILITY ADVISORY COMMITTEE WHEREAS, the Board of County Commissioners of St. Lucie County (the "Board") has made the following determinations: 1. The Board recognizes the importance of creating a sustainability St. Lucie County; and 2. Sustainability is defined as "meeting the current environmental, social and economic needs of the community without compromising the ability of future generations to meet these needs;" and 3. Sustainability includes social equity (people), economic health (prosperity) and environmental stewardship (planet); and 4. A sustainable St. Lucie County would include, but is not limited to, the use of clean energy, programs and practices to improve conservation of natural resources and reduce pollution while creating sustainable employment opportunities and improving the quality of life for its citizens; and 5. Creating a sustainable County will create quality jobs, improve the environment, provide meaningful services to vulnerable citizens, create educational opportunities, and save taxpayer dollars in the long term; and 6. Data from the Pew Charitable Trust indicates the Green Sector, or clean energy economy is poised for explosive growth. A clean energy economy generates jobs, businesses and investments while expanding clean energy production, increasing energy efficiency, conserving water and other natural resources, and reducing greenhouse gas emissions, waste and pollution; and 7. The Board has a proven track record in adopting innovative and sustainable practices, including but not limited to the St. Lucie County Greenprint, the Green Collar Jobs Training Center, Green Government certification, Treasure Coast Research Park, and Environmentally Sensitive Lands acquisition program. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: The duties, functions, membership, and procedures outlined in Resolution No. 06-325 are amended to read as follows: 1. This Board does hereby create the Sustainability Advisory Committee. The Sustainability Advisory Committee is designed as an ad hoc committee and shall have the following duties and functions: a. The Sustainability Advisory Committee (SAC) is authorized to provide advice and make recommendations to the Board on strategies to increase St. Lucie County's sustainability including, but not limited to, energy conservation and education, waste management, and development of a green economy which includes clean and renewable energy production, green collar jobs, production and use of green technology, and improving energy efficiency, natural resource conservation and pollution reduction. b. Committee recommendations should focus on recommending strategies that will have a significant impact on St. Lucie County government and/or the community. C. Recommendations shall take into consideration the limited staff and financial resources of St. Lucie County government and include strategies to maximize the investment and commitment of other governmental agencies, the private and nonprofit sector as well as individual citizens. The SAC may assist with implementation of the recommendations. 2. The actions, decisions and recommendations of the Committee shall not be final or binding on the Board of County Commissioners but shall be advisory only. 3. The Sustainability Committee shall consist of eleven (11) members who shall be appointed as follows: a. Each Board member shall appoint one (1) member to serve on the Committee. Such members' terms shall run concurrent with the term of the appointing Commissioner. b. The following groups shall appoint one (1) member to serve on the Committee: r 1) Florida Power and Light (FPL) - In the event FPL does not appoint a member, and/or the member fails to meet attendance requirements, a member with professional utility experience and/or green building certification may be appointed. 2) Fort Pierce Utilities Authority (FPUA) - In the event FPUA does not appoint a member, and/or the member fails to meet attendance requirements, a member with professional utility experience and/or green building certification may be appointed. 3) Port St. Lucie Utilities (PSLU) - In the event PSLU does not appoint a member, and/or the member fails to meet attendance requirements, a member with professional utility experience and/or green building certification may be appointed. 4) Treasure Coast Builders Association (TCBA) - In the event TCBA does not appoint a member, and/or the member fails to meet attendance requirements, a member with professional utility experience and/or green building certification may be appointed. 5) St. Lucie County Conservation Alliance (Alliance) - In the event Alliance does not appoint a member, and/or the member fails to meet attendance requirements, a member with professional utility experience and/or green building certification may be appointed. 6) St. Lucie County Economic Development Council (EDC) - In the event EDC does not appoint a member, and/or the member fails to meet attendance requirements, a member with professional utility experience and/or green building certification may be appointed. 7) Officials frm the City of Port St. Lucie and the City of Fort Pierce are invited to participate a ex -of ficio members. Their attendance is not required for purposes of establishing a quorum. C. All members shall serve without compensation. 4. Five (5) committee members shall constitute a quorum for the transaction of official business at Committee members. 5. The County Administrator shall designate the staff liaison to the Sustainability Advisory Committee. 6. The Sustainability Advisory Committee shall comply with the advisory board procedures adopted by the Board of County Commissioners, as they may be amended. After motion and second the vote on this resolution was as follows: Chairman Charles Grande XXX Vice Chairman Doug Coward XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this day of May, 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Ikk ITEM NO. VI-C l AGENDA REQUEST DATE: ' 5/11 /10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Anita S. Neal, Manager -"141 SUBMITTED BY: Environmental Resources Department - Cooperative Extension & Cooperative Extension & Environmental Environmental Education Education SUBJECT: Termination of Interlocal Agreement between St. Lucie County School Board and St. Lucie County for Agri -Science Education Center. BACKGROUND: Please see attached memo. FUNDS AVAILABLE: N/A PREVIOUS ACTION: June 4, 2002 — Board approval of Intedocal Agreement CO2-06-479. RECOMMENDATION: Board approval to terminate the Interlocal Agreement upon ninety (90) days prior written notice to the School Board as per paragraph 5 of the Interlocal Agreement, and to invoice the School Board for half of the current value of the tractor and flex cutter as outlined in the agenda memorandum. Board approval for the Chairman to execute documents as approved by County Attorney. COMMISSION ACTION: CONCURRENCE: �. APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures. L OMB Director (X Attorney County y ( X) Dan McIntyre Marie Gouin Originating Dept (X ) Kar Smith Budget Analyst (X) 6AZ) T onna Johnson Agriculture MEMORANDUM TO: Board of County Commissioners THROUGH: Karen L. Smith, Environmental Resources Department Director s m Y KS FROM: Anita S. Neal, Cooperative Extension & Environmental Education Manager,j DATE: May 3., 2010 SUBJECT: Termination of Interlocal Agreement between St. Lucie County School Board and St. Lucie County for the Agri -Science Education Center. ITEM NO. Background: This Interlocal Agreement was crafted to share responsibilities of funding employees and equipment for the Agri -Science program located on Picos Road. This agreement is no longer applicable to St. Lucie County and the St. Lucie County School Board due to the School Board's decision to relocate the Agri - Science program to Westwood High School. The original cost of the shared equipment was split 50/50 between the School Board and St. Lucie County. We are invoicing the School Board for half of the current value of the tractor and flex cutter (property record number 407250) as per the attached equipment proposal. Recommendation Board approval to terminate the Interlocal Agreement upon ninety (90) days prior written notice to the School Board as per paragraph .5 of the Interlocal Agreement, and to invoice the School Board for half of the current value of the tractor and flex cutter as outlined in the agenda memorandum. Board approval for the Chairman to execute documents as approved by County Attorney. (.. t)LJ — U 60 — -r i •i INTERLOCAL AGREEMENT between 'ST. LUCIE COUNTY SCHOOL BOARD and ST. LUCIE COUNTY relating to AGRI-SCIENCE EDUCATION CENTER THIS INTERLOCAL AGREEMENT is made this � day of , 2002, by and betweea the ST. LUCIE COUNTY SCHOOL BOARD, hereinafter re . ed to as "School", and ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County" WHEREAS, the School owns and operaies the Agri -Science Education•Center ("Center"), located on FAA Road in the unincorporated area of the County, for the purpose of providing instruction in agricultural matters to its students; and, WHEREAS, the County provides agricultural information and training to County residents of all ages through the County's Cooperative Extension Service; and, WHEREAS, the parties have determined that it would be to the mutual advantage of each in the best interests of both the residents of St. Lucie County and the faculty, staff and students of the School for the parties to cooperate in the funding and operations of the Center. Y a am NOW; THEREFORE, in consideration ofthe mutual advantages accruing to the parties and a z the benefits, promises, and consideration hereinafter set out, the School and the County agree as o C (5 follows: N " z l . GENERAL. This Agreement is entered into pursuant to Section 1 b3.01, Florida r� m Statutes, Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no premises, terms, conditions, or obligations other than those contained' o a therein, and this Agreement shall supersede all previous telecommunications, representations, or. agreements, either verbal or written, between the parties hereto. o m . H 2. P1IRPOSE AND INTENT• It is the intent of the parties: r c A. To • maximize the use of funds and facilities for the Center and avoid -i o unnecessary duplieatiori of facilities and services. m B. To jointly provide -programs and facilities that are better than either entity L.4 eoo could provide on its own. r c n H C'7 C x C. To further the relationship between the School and the County in providing agricultural education to all residents of the County. I C-OUNTY RESPONSIBILITIES. The County's responsibilities hereunder shall be as follows: A. On or before July 1, 2002, the County shall hire the following full-time employees to be assigned to the Center: (1) Agri -Science Instructor/Leader (2) Vocational Agricultural Technician The qualifications, salary and benefits, and job duties forthese positions shall. be as agreed upon by parties. The County sball be responsible for fifty percent (50%) of the cost cf the Agri -Science Instructor/Leader's salary and benefits. The County sbaIl require a satisfactory background check, including fingerprinting, prior to the hiring of any employee pursuant to this Agreement. The employees shall be subject to the employee regulations of both parties. The employees will be jointly supervised and evaluated by the County Extension Director and the principal of Fort Pierce Westwood High School. B. The County shall work with. the School to develop short range and long range plans, including goals, objectives and budgets for the utilization of the Center. 0 .o C. The County shall store and inventory all equipment parts, materials and f supplies, pesticides and other chemical compounds used in conjunction with &' the operation of the Center in a safe and orderly manner. The County shall maintain up-to-daterecords ofallchernicalsand pesticides usedand/or stored rl� 01) site, .a D. The County shall cooperate with the School in the establishment of an Agri - w. Science Education. Advisory Committee for the Center. E. • The County shall .operate the Zoological Education Program ("ZEP") and provide instruction for the Future Farmers ofAmerica ("FFA") Program. The .County shall be responsible for mowing the ZEP, farm and the ZEP pasture. 4. SCHOOL RESPONSIBIL IES, The School's responsibilities hereunder shall be as follows: A. The School shall be responsible for fifty percent (50%) of the cost of the salary and benefits for the Agri -Science Instructor/Leader and one hundred percent (100%) of the cost of the salaryand benefits for the Vocational Agricultural Technician. The employees shall be subject to the employee regulations of both parties. The employees will be jointly supervised and evaluated by the County Extension Director and the principal of Fort Pierce Westwood High School. B. The School shall convey ownership ofthe Center's cattle herd to the FPA on or before July 1, 2002. C. The School shall retain title to the property, improvements, and all equipment used at the Center. D. The School shall be responsible for maintenance and repairs to the Center aAd its agricultural operations, including but not limited to facilities and equipment. E. The School , shall cooperate with the County in development and implementation of short range and long range plans, including goals, objectives and budgets, for the utilization of the Center. h. The School shall cooperate with the County in the establishment of an Agri - Science Education Advisory Committee for the Center. TERM; TERM_INATLON. This Agreement shall be effective for a period of one (1) yearbeginning July 1, 2002 and ending June 30, 2003. Either party may terminate this Agreement without cause upon ninety (90) days prior written notice to the other. This Agreement will be automatically renewed upon the same terms and conditions for successive one year periods unless either parry determines to terminate the Agreement by providing Written notice of the termination at least ninety (90) prior to the expiration of the current term. 6. AMENDMENT. This Agreement may be amended by written agreement of the parties. 7. NOTICES. All notices, requests, consents, and other communications required permitted under this Agreement shall be in writing (including telex and telegraphic communication) and shall he (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered of certified mail (postage prepaid), return receipt requested, and addressed to: 3 As to St. Lucie County: St. Lucie County Administrator 2300 Virginia avenue - Administration Annex Fort.Pierce, Florida 34982 As to School: St. Lucie County School Superintendent St. Lucie County School Board 2909 Delaware Avenue Fort Pierce, Florida 34 94 7 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With a copy to: Daniel B. Haitcll, Esquire Riverside National Bank, Suite 200 1600 S. Federal Highway Fort Pierce, Florida 34950 or to such other address ai any party may designate by notice complying with the terms of this Section.. Each such notice shall be deemed delivered: (a) on the date delivered if by personal delivery, (b) on the date telecommunicated if by telegraph, (c) on the date.of transmission with confirmed answer back if by telex, and (d) on the date upon which the return receipt is signed or delivery is refined or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 8. PUBLIC RECORDS. The parties shall allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by either party in conjunction with this Agreement. o 0 9. PUBLIC RECORDS, Theparties shall allowpublic access to all documents, paper, letters, , or other material subj ect to the provisions of Chapter 119, Florida Statutes, and made or received by • w them in conduction with this Agreement. a ❑) m 10. ASSIGNMENT, Neither party shall assign the Agreement to any other persons or firm 0" without first obtaining the•other parry's written approval. o 11. AILING: AMENDMENT, This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, priorto its effectiveness. This,Agreement may only be amended by written document signed by all parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 4 IN WITNESS WHEREOF, the parties have caused the ex officials as of the date aforesaid. A Deputy Cl ;,0 ff N y F • �L�tF �.,tNT'S ,t ATTEST: BY: g: Wry\agrc=ntlintcrloclschool.agriseienee,wpd BOARD OF CO ST. LUCIE C ' �dofi iy t%e1�'d341y authorized • Ch man V� r'`..t. • • APPROVED AS TO FOR --XND CORRECTNESS: BY: `k-�, �- AP4,CountyAttorney ST. LUCIE COUNTY SCHOOL BOARD APPRRO A T S BY: School Board Att rney 5 FIUR-S 1r LYL'tii _M%_Vt r11,MLW1I ( -JI1 ) )L -rw vrvv EQUIPMENT PROPOSAL EVERGLADES FARM EOUIPMENT CO. 6150 Orange Avenue Ft. Pierce, FL 34947 Phone: 772.481-5568 Fax: 772-46g 7 BUYER CONTACT D�TE ST LUCIE COUNTY BERT 1111212 09 ADDRESS PHONE FILE S CITY STATE ZIP FAX QTY' MODEL SERIAL 10 DEMMMN PRICE EACH EXTENDED 1 JOHN DEERE' 6403 P06403XD02040_ 6403 TRACTOR 1..M.00 2,000.00 MFWD FRONT AXLE REAR WHLS&TIRES %4X34 8PR FRONT TIRES & WHEELS 13=4 TRIPLE STANDARD SCV 1 JOHN DEERS HX15 W"15803946 HX15 540 RPM ROT CUTTER 6WHL 3,500.00 3,500.00 SHIELDED DRIVELINE 540 RPM W1 SEVERE DUTY TIRE FRONT CHAIN SHIEI;[3 O- REAR CHAIN SHIELD O-CON SUBTOTAL 15,5W.00 [[ �7�1l7�>tl��fN�11J[lii.` QTYJ MODEL SERIAL # TRADE AMT LIEN AMT. NET TRADE 0Z 0.00 0.00 a.� COMMe rs OR SPE L.INSTRvvnoNs THIS IS A *PPROXIMATE VALUE OF THIS TRACTOR AND MOWER BOTH WERE PURCIiASED IN MAY OF 2004 TRADE TOTAL SUBTOTAL TAX SURTAX 0.00 15,500.00 0.00 THIS PROPOSAL MAY BE WITHDRAWN BY US IF NOT ACCEPTED VONTHIN 10 BAYS DOWN PAYMENT BALANCE WE 9 5,50CLOO ALL MATERIAL. IB GUARANTEED AS SPECIFIED, ALL WORK 18 TO BE DONE IN A PROFESS04AL MANNERACCORDING TO STANDARD SPECIFICATIONS. ANY BUYER OR LESSEE SIGNATURE ALTERAnOH OR DEMTM FROM MABM SPEWrATONS I nt4IN iSMA COSTS WILL OF EXECUTED ONLY UPOWWRITiTEN OROM, AND WILL BECOME AN EXTRA CHARGE OVER AND ABOVE THE ESTIMATE. ALL AGREE- MENTS CONTMLGENT UPON STRIKES, ACCIDENTS, OR DELAYS MOW OUR MIT hlEi. BUR CONTRA. NEXTEL: 0323 OR CELL. 201-7741 Thank you for the opportunity to quote you this equ4 menrl Please calf me if I can be clf f other assistance. .JOHV DEERE St. Lucie County Extension Office 8400 Picos Road, Suite 101 . DATE: May 3, 2010 Fort Pierce, FL 34945 INVOICE # Phone 772-462-1660, Fax 772-462-1510 FOR: Bill To: School Board of St. Lucie County 4204 Okeechobee Road Fort Pierce, FL 34947 DESCRIPTION AMOUNT John Deere 6403 tractor, serial no. P06403X002040 MFWD front axle, rear wheels and tires 18.4 x 34 8pr tires & wheels 13.6 x 24, triple standard scv One half the current value of the flex cutter model HX15, serial no. WOHX15E003946 HX15 540 RPM ROT cutter 6 whl, shielded driveline 540 rpm Whl w/severe duty tire, front chain shield (no-cont) rear chain shield (no-cont) CURRENT VALUE OF TRACTOR AND FLEX CUTTER = $15,500.00 Invoice for half the current value: 7,750.00 TOTAL 1 $ 7,750.00 Make all checks payable to St. Lucie County If you have any questions concerning this invoice, contact St. Lucie County Agricultural Extension 772.462.1660. TO: SUBMITTED BY: AGENDA REQUEST ITEM NO. VI-C2 DATE: 5/11/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT ( X ) PRESENTED BY: Sandra Bogan Environmental Resources Department/ Environmental Education and Cooperative Extension & Environmental Outreach Coordinator Education Division SUBJECT: Resolution 10-115, Sustainability Advisory Committee BACKGROUND: See attached memorandum. FUNDS AVAILABLE: n/a PREVIOUS ACTION: November 14, 2006 — Board approval of Resolution 06-325. RECOMMENDATION: Board approval of Resolution 10-115 and authorization for the Chairman to sign documents as approved by County Attorney. BOARD OF COUNTY COMMISSIONERS COMMISSION ACTION: Yx APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( ) A ---- CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Qze ref S, (ji 1� t� Originating Dept. ( ) (Kare . Smith) i ERD n/a {See Originating Dept.) Environmental Resources Department MEMORANDUM TO: Board of County Commissioners THROUGH: Karen L. Smith, Environmental Resources Director FROM: Sandra Bogan Environmental Education &Outreach Coordinator DATE: May 11, 2010 SUBJECT: Resolution 10-115,' Sustainability Advisory Committee ITEM NO.: Consent Item VI-C2 Background: On November 14, 2006, the St. Lucie County Board of County Commissioners (BOCC) created the Sustainability Advisory Committee (SAC) via Resolution 06-325. The SAC was created as an Ad Hoc Committee to advise and make recommendations to the BOCC on matters relating to sustainable practices, including the review of the St. Lucie County comprehensive plan, land development codes, and policies. In April 2010, staff performed a review of the SAC (Attachment B) per the Advisory Board and Committee Operational Procedures established by the .Board of County Commissioners in September 2009. Based on this review, staff is recommending amendments to Resolution 06-325 via Resolution 10-115 (Attachment A) to clarify the duties and functions of the SAC to be consistent with the County's current priorities, including recommendations to the BOCC which: 1 Focus on strategies to increase sustainability, with a focus on energy conservation and education, sustainable waste management, and the development of a green economy; 2. Focus on strategies that have a significant impact on St. Lucie County government and/or the community; and 3. Consider limited staff and financial resources of the County and maximize investment of other governmental agencies, private and nonprofit sectors, and individual citizens. The SAC's functions will no longer include review of specific County codes and regulations related to. sustainability. A change in the membership of the SAC is also recommended. Currently the SAC includes an elected official from the City of Port St. Lucie, the City of Fort Pierce and St. Lucie County. Because these officials may often have conflicts and be unable to attend meetings regularly, staff is recommending they become ex-officio members who can continue to give input and guidance, but whose presence is not required for a quorum. Additionally, staff is recommending a representative from the Economic Development Council be added to aid in providing input on the economic goals of the SAC. It is also recommended that County staff (currently a representative from Cooperative Extension) not serve as a member of the SAC. The SAC reviewed and recommended approval of proposed Resolution 10-115, and presented its recommendation to the Commission at the April 27, 2010 BOCC Informal Meeting. Recommendation: Board approval of Resolution 10-115 and authorization for the Chairman to sign documents as approved by County Attorney. � s ATTACHMENT A RESOLUTION NO. 10-115 A RESOLUTION TO AMEND RESOLUTION NO. 06-325, AMENDING THE DUTIES, FUNCTIONS, MEMBERSHIP, AND PROCEDURES OF THE SUSTAINABILITY ADVISORY COMMITTEE WHEREAS the Board of County Commissioners of St. Lucie County (the "Board") has made the following determinations: 1. The Board recognizes the importance of creating a sustainable St. Lucie County; and 2. Sustainability is defined as "meeting the current environmental, social and economic needs of the community without compromising the ability of future generations to meet these needs;" and 3. Sustainability includes social equity (people), economic health (prosperity) and environmental stewardship (planet); and 4. A sustainable St. Lucie County would include, but is not limited to, the use of clean energy, programs and practices to improve conservation of natural resources and reduce pollution while creating sustainable employment opportunities and improving the quality of life for its citizens; and 5. Creating a sustainable County will create quality jobs, improve the environment, provide meaningful services to vulnerable citizens, create educational opportunities, and save taxpayer dollars in the long term; and 6. Data from the Pew Charitable Trust indicates the Green Sector, or clean energy economy, is poised for explosive growth. A clean energy economy generates jobs, businesses and investments while expanding clean energy production, increasing energy efficiency, conserving water and other natural resources, and reducing greenhouse gas emissions, waste and pollution; and 7. The Board has a proven track record in adopting innovative and sustainable practices, including but not limited to the St. Lucie County Greenprint, the Green Collar Jobs Training Center, Green Government certification, Treasure Coast Research Park, and Environmentally Sensitive Lands acquisition program. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: The duties, functions, membership, and procedures outlined in Resolution 06-325 are amended to read as follows: 1. This Board does hereby create the Sustainability Advisory Committee. The Sustainability Advisory Committee (SAC) is designated an ad hoc committee and shall have the following duties and functions: a. Make recommendations to the Board on strategies to increase St. Lucie County's sustainability including, but not limited to, energy conservation and education, improving energy efficiency, natural resource conservation and pollution reduction, waste management, and development of a green economy which includes clean and renewable energy production, green collar jobs, production and use of green technology. i. Recommendations should focus on strategies that will have a significant impact on St. Lucie County government and/or the community. ii. Recommendations shall take into consideration the limited staff and financial resources of St. Lucie County government and include strategies to maximize the investment and commitment of other governmental agencies, the private and nonprofit sector as well as individual citizens. b. The SAC may assist with implementation of the recommendations. T 2. The actions, decisions and recommendations of the SAC shall not be final or binding on the Board of County Commissioners but shall be advisory only. 3. The SAC shall consist of eleven (11) members who shall be appointed as follows: a. Each Board member shall appoint one (1) member to serve on the Committee. Such members' terms shall run concurrent with the term of the appointing Commissioner. b. The following groups shall appoint one (1) member to serve on the Committee: L Florida Power and Light (FPL) In the event FPL does not appoint a member, and/or the member fails to meet attendance requirements, a member with professional utility experience and/or green building certification may be appointed. ii. Fort Pierce Utilities Authority (FPUA) In the event FPUA does not appoint a member, and/or the member fails to meet attendance requirements, a member with professional utility experience and/or green building certification may be appointed. iii. Port St. Lucie Utilities (PSLU) In the event PSLU does not appoint a member, and/or the member fails to meet attendance, requirements, a member with professional utility experience and/or green building certification may be appointed. iv. Treasure Coast Builders Association (TCBA) In the event the TCBA does not appoint a member and/or the member fails to meet attendance requirements, a member of the TCBA or similar organization may be appointed. v. St. Lucie County Conservation Alliance (Alliance) In the event the Alliance does not appoint a member and/or the member fails to meet attendance requirements, a member of the Alliance or similar environmental organization may be appointed. vi. St. Lucie County Economic Development Council (EDC) In the event the EDC does not appoint a member and/or the member fails to meet attendance requirements, a member of the EDC or similar organization may be appointed. vii. officials from the St. Lucie County Board of County Commissioners, City of Port St. Lucie Council and City of Ft. Pierce Commission are invited to participate as ex-officio members. Their attendance is not required for purposes of establishing a quorum. c. All members shall serve without compensation. 4. Six (6) committee members shall constitute a quorum for the transaction of official business at Committee meetings. 5. The County Administrator shall designate the staff liaison to the SAC. 6. The SAC shall comply with the advisory board procedures adopted by the Board of County Commissioners, as they may be amended. After motion and second the vote on this resolution was as follows: Chairman Charles Grande XXX Vice -Chairman Doug Coward XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX 1 Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this _ day of with information compiled by all departments, has been submitted to FGBC and is currently under review. 2. The SAC met jointly with the Smart Growth Committee to review the Florida Green Building Coalition's and U.S. Green Building Council's Green Building and Green Development standards and determine how to integrate the standards into the County Land Development Code. In October 2008, the SAC recommended that the pilot version of the project checklist for Leadership in Energy Efficient Design (LEED) Neighborhood Development Rating System, be used as a reference by the Smart Growth Committee as they consider their recommendations to the BOCC. 3. The SAC recommended hosting a workshop led by the Institute for Local Self Reliance to provide information on various waste reduction strategies,. funding, and job creation. The County funded the workshop which was held in November 2009. 4. The SAC recommended adoption of the St. Lucie County Greenprint. The Board of County Commissioners adopted the plan on Sept. 8, 2009 through Resolution 09-207. 5. The SAC recommended that St. Lucie County continue to pursue green economic opportunities including grants, stimulus dollars, tax abatement and other incentives. 6. In a memo and presentation to the BOCC at their informal meeting on April 27, 2010, the SAC recommended: a. The BOCC support an alternative energy forum in St. Lucie County. b. Enhanced partnerships with Florida Power and Light's and Ft. Pierce Utilities Authority's energy conservation programs, the energy and solar loan fund, and green apprenticeship programs. c. All local governments and utility providers perform an inventory of interior and exterior lighting on public rights of way and other public properties and facilities. The SAC further recommended pursuing a joint RFP to retrofit with energy efficient lighting (e.g. LED) to promote greater energy efficiency and cost savings. d. Approval of Resolution 10-115 amending the duties and functions of the SAC. 7. The SAC identified three priority objectives to pursue: 1) Energy Conservation and Education; 2) Clean Energy / Green Economics; and 3) Sustainable Waste Management. ej ITEM NO. VI — D1 -r DATE: 5111 /10 • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Susan Jacob SUBMITTED BY: Housing and Community Services/Library Acting Library Mana SUBJECT: Revision of Library Hours BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: August 12, 2008 - Board approved reduction in Library Service hours. RECOMMENDATION: Board approval of the revision in Library service hours, effective June 6, 2010, as outlined in the agenda memorandum and Attachment A (schedule). COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director L 1Y Budget Analyst Daniel S. McIntyre Originating Dept. ( )/�� z4A� Beth Ry er ( Marie Gouin Sophia Holt W6.My F L O R( D A Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director g FROM: Susan Jacob, Acting Library Manager DATE: May 11, 2010 SUBJECT: Revision of Library Hours ITEM NO. VI-D1 Background: Due to budget reductions, St. Lucie County has significantly reduced staff since 2006. Since 2008, the Library has experienced an overall reduction of 32% in public service personnel. This severe drop in staffing has had a major impact on the Library's capacity to provide appropriate coverage at all of the branch libraries. In 2008, the Board approved a reduction in Library service hours, primarily by closing four branches one full day per week. At the time, Library staffing was down 23%. However, as a result of further staff departures through early retirement, regular retirement and the deaths of two long-time staff members, new service hour modifications are needed to provide consistent and safe coverage at all branches. The revisions will provide adequate coverage when all staff are present and minimum coverage for vacations, illnesses, etc. In addition, the revised schedule will provide all library staff with two consecutive days off. Public Service staff would be off on Sundays and Mondays and Administrative and Technical Support staff would be off on Saturdays and Sundays. The service hour revisions are detailed in Attachment A and include the following: • All County libraries will be closed on Sundays and Mondays. The Indian River State College library is open on Sundays and Mondays and the St. Lucie West library is open on Mondays. • At least three staff (figures include a supervisor). will be on duty at the three smaller libraries: Hurston, Lakewood Park and Port St. Lucie. Evening hours for these branches will be on Wednesdays until 8:00 PM. • At least four staff will be on duty at the Morningside Branch Library. Evening hours for this branch will be on Tuesdays and Thursdays until 8:00 PM. • At least five staff will be on duty to cover both floors of the Fort Pierce Branch Library. Evening hours for this branch will be on Tuesdays and Thursdays until 8 PM. Agenda Item VI-D1 May 11, 2010 Page 2 This recommended schedule will minimize incidents of emergency closures due to insufficient staffing. In unforeseen circumstances, when a minimum number of staff will not be present (two for the smaller branches and three for the larger branches), the branches will be authorized to close and the remaining staff will be deployed to an open site or permitted to use their own leave time, pending approval of the Library Manager. For the Fort Pierce Branch, a minimum of three staff will only allow the 1 s' floor to remain open. Staff further recommends that the County Administrator be authorized to adjust operating hours as needed and approve closings related to holidays and/or special events. However, any recommendations to close libraries additional days on a more permanent basis will require BOCC approval. The Library Advisory Board reviewed and approved the service hour reductions on May 3, 2010. This plan addresses the realities of the Library's current staffing levels. If further Library staff reductions take place, staff will seek Board consideration of further reductions, as contemplated by the County Administrator. Recommendation: Board approval of the revision in Library service hours, effective June 6, 2010, as outlined in the agenda memorandum and Attachment A (schedule). Attachment: Proposed Changes to Library Hours N 2 } m J O W Z 2 U G W CO) O IL cz IL m ! 'a O LL 0 0 0 0 0 0 0 W W O M 00 0 WwTg ou) 0 0 0 0 0 0 0 J J 0 0 0 0 0 0066666 0000000 O W CM CV)0 0 0 iA Co Op CD CD t0 LO 0 0 0 0 0 0 0 O J O O O O O t- U of bi 6i bi bi 0000000 O M M M O 0 0 tLj 00 0p 00 T L9 O O O O ' 0 0 0000099 z ox 02��itLL0 O M L I(co d CD c ._ O 2 0 0 0 0 0 0 0 W W O M 0 0 0 W W GO 0 GO in 6 0 0 o 0 0 0 0 J J 0 0 0 0 0 0066666 0000000 W cM M cM 0 0 0 006000O606 0066666 J 0 0 0 0 0 0 0666666 0000000 O M M M O o O ap c0 00 c0 iA if O O O O O O O 0000000 M O M O M M z U� ZU�W=�Q �2H�HLL( LO vi Y I(D 0000000 0 W W C!66MOO (1) N L? 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O _3 a° 1 � c $ 00 m 2 L W _C _ •C N d LU � O H O N V ME cN UJ d N E O CL as do A .a 0 _ O O _O U _O U _O U _O U U U co 0 m 0 C 0 0 0 � iri ►'ri Ui iri L 7 O O O O O O O CD O O CD O o O O O O O O O O O O 6 Ui in �i in 6 ,o 0 0 0 0 0 0 O O O O O O m C M O CIOid O L6 L} p ( C7� O O O C? H to a) bi rn Cl C�j 'v mM C C cs �co = O O 8 3 N l L9 L? L? fl O O O 0 ea a = 0 0 0 0 O _0 U U U U U J9 0 m m m -a y O i CD O 3 J d = N N J 0 Jx O m 0 7 U- J CD U C O N L CD 2 cu Cc � _ C 0 O c a� E cn 5 O UEcV o O U cc L O :3 O U? O 3 �� Q0U>. Q W ca U a � 0 N 7 N (D f6 Cc a N J O 0 O U 0 U-) O C 0 UC 0 Qv O N C ti �w�m =a ace o. o .- *- LL cn O U O LL"—O cu O C d7 O V�y oti �caCLCu "miacaLn a) N � oocc L) ca a? 0 CO c am cD c� E ca >cl,�ca N O C U Q a _ E �0CUCU U co ITEM NO. VI — D2 -� — DATE: 5/11/10 . , AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Susan Jacob SUBMITTED BY: Housing and Community Services/Library Acting Library djager SUBJECT: St. Lucie County Internet and Confidentiality Policies lLi� a — BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the St. Lucie County Board of County Commissioners Public Use of Computers and Internet Policy (Attachment A) and the Library Confidentiality Policy (Attachment B). COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( ) Originating Dept. ( ) Coordination/Signatures Daniel S. McIntyre 41101c:—� A� Beth Ryder CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Director ( ) ji Budget Analyst > 8 Marie ouin Sophia Holt Housing and Community Services MEMORANDUM TO: Board of County Commissio�jn rs THROUGH:v`" Beth Ryder, Director ,� FROM: Susan Jacob, Acting Library Manager OY DATE: May 11, 2010 of SUBJECT: St. Lucie County Internet Policy and Library Confidentiality Policy ITEM NO. VI-D2 Background: The St. Lucie County Library first introduced computers with Internet access for use by the public in July 1999. As use of public computers has increased significantly, formal policies, which are consistent with Florida Statutes and case law, have been developed for consideration by the Board of County Commissioners to guide Library staff. For example, Chapter 847, Florida Statutes, makes it a crime to access, view, show, display, copy, print, or send obscene material in the presence of minors. Other applicable laws include laws of copyright and trademark, as well as the Electronic Communications Privacy Act and the Computer Fraud and Abuse Act. The proposed policy related to public use of computers is provided in Attachments A and includes the following: • Computer access is provided at no charge to all users with a library card. • A content filter intended to block pornographic materials considered "harmful to minors" is installed on all computers. • Computers used by children under the age of 14 have additional contents filters to block sites which are related to social networking, gambling, violence, etc. • Violation of the laws, policy and procedures that govern the use of the Library's computers and internet resources may result in loss of the privilege to use these resources. • St. Lucie County reserves the right to terminate a computer session at any time for anyone suspected of violating Library policy and procedures, Federal, State or local laws. • The Library Manager is authorized to determine if the violation warrants suspension or termination of a user's access to Library computers. The decision may be appealed to the County Administrator. 41 Agenda Item VI-D2 Page 2 May 11, 2010 Attachment B is the Library Confidentiality Policy which conforms to current law. Except in accordance with a proper judicial order as provided in Florida Statutes or Federal law, the County will not release information related to a patron's name, address, circulation or borrowing records. The Library Advisory Board reviewed and approved the proposed policies on public use of computers and confidentiality on May 3, 2010. Recommendation: Board approval of Attachment A, St. Lucie County Board of County Commissioners Public Use of Computers and Internet Policy and Attachment B, Library Confidentiality Policy, to become effective upon Board approval. Attachments: St. Lucie County Board of County Commissioners Public Use of Computers and Internet Policy Library Confidentiality Policy 7 r t ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC USE OF COMPUTERS AND INTERNET POLICY St. Lucie County provides access to computers and the Internet as part of the Library's mission to support access to information for its citizens. Access is made available equally to all users with a library card at no charge. The County assumes no responsibility for any damages, direct or indirect, arising from the connection to or use of the Internet because public computers are neither private nor secure. Information on the Internet The Internet offers access to a wealth of information that can be personally, professionally and culturally enriching. However, not all information available via the Internet is accurate, current or complete. Users are encouraged to exercise critical judgment in evaluating the validity of information accessed via the Internet. Compliance with Laws. Policies and Procedures Users of any St. Lucie County Library System computer equipment must comply with Federal and State laws, Library procedures and policies, and the terms of applicable contracts, including software licenses. Examples of applicable laws and policies include the laws of libel, privacy, copyright, trademark, obscenity and child pornography, the Florida Computer Crimes Act, the Electronic Communications Privacy Act and the Computer Fraud and Abuse Act which prohibits "hacking" and similar activities. Users who engage in electronic communications with persons in other states or countries or on other systems or networks may also be subject to the laws of those jurisdictions and the rules and policies of those other systems and networks. Material Harmful to Minors St. Lucie County has installed a content filter intended to block pornographic materials that could be considered "harmful to minors" if within the view of children and teens under 18. This filter is turned on for all public computers and may unintentionally block appropriate sites and/or not block materials that users might find offensive. However, if an appropriate site has been unintentionally blocked, a written request may be submitted to Library staff to remove the block. Computers used by children under the age of 14 have additional content filters to block sites related to social networking, gambling, violence, etc. Any person 14 years of age and older will have access to the same public computers as adults unless a parent or legal guardian has submitted a written request to limit access to children's computers. Upon written request by a parent or legal guardian, children less than 14 years of age will have access to the same public computers used by adults. Use of an adult filtered computer does not relieve the patron from abiding by Library procedures or State and Federal laws, including displaying materials that could be considered "harmful to minors". Parental Control Parents or designated guardians who wish to limit or restrict the access of their own children should personally oversee their use of the Internet and other forms of electronic information. Parents are encouraged to discuss the use of the Internet with their children in relation to their family values and boundaries and to monitor their children's 5/4/10 use of the Internet at the library. Minors who visit the library without a parent or guardian are responsible for their own decisions and behaviors. Violations Violation of the laws, policy and procedures that govern the use of the Library's computers and Internet resources may result in loss of the privilege to use these resources. Any illegal activity involving the Library's computer or Internet resources will be reported and is subject to prosecution by the appropriate authorities. St. Lucie County reserves the right to terminate a computer session at any time to anyone suspected of violating Library policy and procedure, Federal, State or local laws. The Library Manager is authorized to determine if the violation warrants suspension or termination of a user's access to Library computers. The Library Manager will provide a written notice of the suspension or termination to the patron and parent or legal guardian if under the age of 18. This decision may be appealed to the County Administrator or designee by filing a written appeal within 15 days of the notice of suspension or termination of the user's access. Upon receipt of the appeal, a time and place to hear the appeal shall be established and the patron provided 15 days notice of the hearing. The decision of the County Administrator shall be final. Procedures The County Administrator is authorized to establish appropriate procedures to implement this policy. 5/4/10 LIBRARY CONFIDENTIALITY POLICY In recognizing the Library's position of special trust with members of the public, St. Lucie County desires to clarify its policy and responsibilities with regard to confidential information about patrons and patron use of Library resources that comes into the Library's possession. To the extent allowed by law, the Library Division shall make a reasonable effort to see that information about patrons and their choices remains confidential. For people to make full and effective use of Library resources, they must feel unconstrained by the possibility that others may become aware of the books they read, the materials they use, the questions they ask, or information they are seeking. The awareness of the existence of such a possibility inhibits use of the Library, its resources and facilities. Therefore, the St. Lucie County Board of County Commissioners has adopted the following guidelines concerning the disclosure of information about Library patrons. Except in accordance with a proper judicial order, as provided in Section 257.261 Florida Statutes or pursuant to Federal law, the County will not make known the following information: 1. Patron's name (or whether an individual is or has been a registered patron). 2. Patron's address, email address and telephone number. 3. Library's circulation records which would include patron's barcode number and the materials that were checked out. 4. Library's borrower records which would include patron names, addresses, telephone numbers or other information which would potentially identify a patron. In accordance with Section 257.261 Florida Statutes, this policy does not apply to statistical reports of registration and circulation. All County employees and Library volunteers shall comply with this confidentiality policy unless directed to do otherwise by the County Administrator upon the recommendation of the County Attorney. J ITEM NO. VI-D3 AGENDA REQUEST DATE: 5111110 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Corine C. Williams SUBMITTED BY: Housing and Community Services/ Transit Coordinator Community Services SUBJECT: Federal Transit Administration (FTA) 5311 FY11 Grant BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to submit an application to Florida Department of Transportation for the FTA 5311 Non -Urbanized Area Formula Program, approval of Resolution 10-148 and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (x) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( ) Originating Dept. ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator d4__1 Coordination/Signatures OMB Director Daniel S. McIntyre Budget Analyst Beth Ryder ( )_"'�40 Marie ouin Sophia Holt Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Directorg5el_ FROM: Corine C. Williams, Transit Coordinator DATE: May 11, 2010 SUBJECT: Federal Transit Administration (FTA) 5311 FY11 Grant ITEM NO. VI-D3 Backaround FTA Section 5311 Non -Urbanized Area Formula Program FY11 provides Federal operating assistance to eligible recipients who operate/contract public transportation services in rural and small urban areas. This grant provides an annual allocation for up to five years in support of the Demand Response services. Demand -response is a program that provides door to door service for residents who cannot access the fixed route due to some disability. It is anticipated that St. Lucie County will receive $59,522, for the second year and this grant requires a 50% match. This amount is a decrease over last year's allocation of $60,034. Council on Aging of St. Lucie County, Inc. will provide the match through funds generated from local contractual services. This grant will be contracted to Council on Aging of St. Lucie County, Inc. and will cover the expenses for maintenance, development and improvement of public transportation services. Recommendation Board approval to submit an application to Florida Department of Transportation for the FTA 5311 Non -Urbanized Area Formula Program, approval of Resolution 10-148 and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Application Resolution No. 10-148 RESOLUTION NO. 10-148 A RESOLUTION AUTHORIZING SUBMISSION OF SECTION 5311 GRANT APPLICATION AND SUPPORTING DOCUMENTS AND ASSURANCES TO THE FLORIDA DEPARTMENT OF TRANSPORTATION; ACCEPTING THE GRANT AWARD IF APPROVED; AND AUTHORIZING PURCHASE OF VEHICLES AND/OR EQUIPMENT AND/OR EXPENDITURE OF GRANT FUNDS PURSUANT TO THE GRANT AWARD WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, is authorized to apply for and accept grants and make purchases and expend funds pursuant to grant award from the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes, and the Federal Transit Administration Act of 1964, as amended. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: This resolution applies to a Federal Program under U.S.C. Section 5311. 2. The submission of a Section 5311 grant application, supporting documents and assurances to the Florida Department of Transportation is approved. 3. This Board authorizes the Chairman and/or the County Administrator, as appropriate under County purchasing policies and procedures, to execute all necessary documents related to this matter subject to the review and approval of the County Attorney as to legal form and correctness. 4. This resolution shall take effect on the date of adoption. After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chair XXX Commissioner Doug Coward, Vice Chair XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED this 11t' day of May, 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney APPLICATION FOR Version 7/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier April 22, 2010 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Application Pre -application Q Construction U Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier Non -Construction Q Non -Construction S. APPLICANT INFORMATION Legal Name: Organizational Unit: St. Lucie County Board of County Commissioners Department: Community Transit Organizational DUNS: Division: 072215403 Transit Address: Name and telephone number of P person to be contacted on matters Involving this application (give area code) Street: 2300 Virginia Avenue Prefix: First Name: Ms Beth Fort Pierce Middle Name County: Last Name St Lucie Ryder Fate: Zip Code Suffix: USA try: Email: Ryderb@stlucieco.org 6. EMPLOYER IDENTIFICATION NUMBER (E/N): Phone Number (give area code) Fax Number (give area code) �g _ © 0❑ 10❑ ®E O 772-462-1777 772-462-1703 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) IT New 171 Continuation Revision B - County If Revision, enter appropriate letter(s) in box(es) See back of form for description of letters.) ❑ ❑ Other (specify) Other (specify) 9. NAME OF FEDERAL AGENCY: Federal Transit Administration 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: Z0—K]0❑9 49 U.S.C. Section 5311 Operations TITLE (Name of Program): Non -Urbanized Area Formula Program 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): St. Lucie County Non -urbanized areas 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: Ending Date: a. Applicant b. Project 07/01 /10 06/30/11 16/23 16/23 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal 59,522 a. Yes. [] THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: b. No. 71 PROGRAM IS NOT COVERED BY E. O. 12372 n OR PROGRAM HAS NOT BEEN SELECTED BY STATE b. Applicant c. State d. Local 59,522 e. Other FOR REVIEW f. Program Income 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? 0 Yes If "Yes" attach an explanation. 91 No g.TOTAL 109,044 . j 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Reoresentative Prefix First Name Middle Name Charles Last Name uffix Grande b. Title c. Telephone Number (give area code) Chairman, St Lucie County Board of County Commissioners 772-462-1451 J. Signature of Authorized Representative . Date Signed Previous Eamon usaoie Authorized for Local Reproduction Standard Form 424 (Rev.9-2003) Prescribed by OMB Circular A-102 ITEM NO. VI-1D4 DATE: 05/11/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED Jessica Par . SUBMITTED BY: Housing and Community Services/Housing Housing M age SUBJECT: Award of Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Housing Rehabilitation/Replacement Bids BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001113-6420-549605-600 CDBG Supplemental Disaster Recovery 001113-6420-549610-600 CDBG Supplemental Disaster Recovery PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of bid awards for six replacement and two rehabilitation housing projects under the St. Lucie County CDBG DRI Grants, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator (� Coordination/Slanatures County Attorney ( ) /I/ OMB Director Budget Analyst Daniel S. McIntyre Originating Dept. ( ) Beth Ryder Marie Gouin Sophia Holt Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Jessica Parrish, Housing Manag DATE: May 11, 2010 SUBJECT: Award of Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Housing Rehabilitation/Replacement Bids ITEM NO. VI — D4 Backaround: The CDBG DRI Grant is a Federal program that provides funding for low-income residents located in communities impacted by a natural disaster. Congress has appropriated additional funding for the CDBG program in the form of Disaster Recovery grants to assist with recovery from hurricanes. An Invitation for Bid (IFB) was advertised on March 14, 2010. A mandatory project review with contractors was completed on March 16, 2010. On April 6, 2010, bids were evaluated in compliance with the approved Housing Assistance Plan. Staff is recommending award to the following contractors: • IFB 20 (Replacement) to A to Z Remodeling Service Inc. located in Coral Springs, for $72,500. • IFB 21 (Replacement) to White Sands Construction Inc. located in Arcadia, for $73,700. • IFB 22 (Rehabilitation) to De La Hoz Builders Inc. located in Sebastian, for $15,182. • IFB 23 (Rehabilitation) to A Thomas Construction located in Fort Pierce, for $9,200. • IFB 24 (Replacement) to A to Z Remodeling Service Inc. located in Coral Springs, for $71,600. • IFB 25 (Replacement) to NYC Construction Group located in West Palm Beach, for $92,400. • IFB 27 (Replacement) to De La Hoz Builders located in Sebastian, for $91,325. • IFB 28 (Replacement) to Gentile, LLC located in West Palm Beach, for $79,000. Due to a homeowner withdrawing from the program, IFB 26 is not included. Terra Mar Construction and Black Street Enterprises currently have two projects ongoing, therefore, were not awarded bids. All the above bids have incorporated energy efficient products, such as Energy Star appliances, solar hot water heaters, low flow faucets and Low-E impact windows. Recommendation Board approval of bid awards for six replacement and two rehabilitation housing projects under the St. Lucie County CDBG DRI Grants, and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Bid Tabulation r 2 C C Q r Q lV m d R E a a a` c O s oc a c O 2 c O ri J W N Cl! m N N N COX ni N N 0 m LL l�: g g gsg g s s g g Qg a QsQ Q8Q 8 Q sQ • � i s8 3 88 g g w 8 a 3 q8 g g Q8 K a% $ Qg 2S Q8 75 g $ 8 _8 8 a i n w a i• » iS � a i a � g • $ g • 8 w 0 � 8 8 8 8 8 WF g Q8Q 8 g 8 rgr�� g r� 8QQ 8 �8{ 8 g 8 8 s 8 $ g 8 $ 8 8 o 8 �a 0 8 8 $ 8 8 8 S A N A o y A d ry 3 n 3 3 3 3 r ii 3 3 8 " s s s S g g g s $ s s s s • �' w 8 g • 8•` g g 8 w g8 8 $ 8 8 Q8Q 8 Q8ci 58Q� 8 8 s8 Q8 ss ♦ s Q` rL r � J ~ F ii � 4 Y • � � _ $ $ i 0 i �\ g 2 � � � � � � 8 8 ci _ ■ ■ 8 8 go .0 ■ � $���§ §�— �� /`��E��»�$§�_% �`��������� $ . . $ IL 0 ' � k � § � � 1� ITEM NO. VI- f-1 — - DATE: 5/11/2010 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY Ken J. Mascara SUBMITTED BY: St. Lucie County Sheriff's Office, Administration Sheriff SUBJECT: Authorization to submit an electronic application for the 2010 Bulletproof Vest Partnership Grant. BACKGROUND: The St. Lucie County Sheriff's Office is requesting permission to submit an electronic grant application for the U.S. Department of Justice/Office of Justice Programs (USDOJ/OJP) 2010 Bulletproof Vest Partnership Grant. This grant is designed to provide a critical resource to law enforcement agencies. This grant will cover 50% of the cost of each bullet proof vest ordered or purchased between April 1, 2010 - September 30, 2012- The 50% match requirement is included in the sheriff's budget. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriffs Office submission of the electronic application 2010 Bulletproof Vest Partnership Grant offered by the U. S. Department of Justice/Office of Justice Programs. COMMISSION ACTION: CONCURRENCE: ()C) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney (X) (f OMB Director (X) 1 / jt 1 Budget Analyst .1 Dan McIntyre Marie Gouin Sophia Holt Originating Dept. ( ) (Name) ERD ( ) (Name) St. Lucie County Sheriff's Office MEMORANDUM TO: Board of County Commissioners FROM: Ken J. Mascara, Sheriff Lucie County Sheriff's Office, Administration DATE: Tuesday, May 11, 2010 SUBJECT: Authorization to submit an electronic application for the 2010 Bulletproof Vest Partnership Grant. ITEM NO. VI — L1 Background: The St. Lucie County Sheriff's Office is requesting permission to submit an electronic grant application for the U.S. Department of Justice/Office of Justice Programs (USDOJ/OJP) 2010 Bulletproof Vest Partnership Grant. This grant is designed to provide a critical resource to law enforcement agencies. This grant will cover 50% of the cost of each bullet proof vest ordered or purchased between April 1, 2010 - September 30, 2012. The 50% match requirement is included in the sheriffs budget. Recommendation Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriffs Office submission of the electronic application 2010 Bulletproof Vest Partnership Grant offered by the U. S. Department of Justice/Office of Justice Programs. 9. OJP Bulletproof Vest Partnership and the Body Armor Safety Initiative: Home Page Page 1 of 1 Notice: Critical Program Information cu�� Bulletproof Vest Partnership The Bulletproof Vest Partnership (BVP), created by the Bulletproof Vest Partnership Grant Act of 1998 is a unique U.S. Department of Justice initiative designed to provide a critical resource to state and local law enforcement. Since 1999, over 13,000 jurisdictions have participated in the BVP Program, with $277 million in federal funds committed to support the purchase of an estimated 800,000 vests. The Office of Justice Programs' Bureau of Justice Assistance (BJA) administers the BVP Program. NEW: The Bureau of Justice Assistance (BJA) is pleased to announce the Fiscal Year (FY) 2010 BVP application funding period. Applications for FY 2010 BVP funds will be accepted beginning Tuesday, April 20, 2010. All applications must be submitted online by 6:00 pm (Eastern Time), Tuesday, June 1, 2010. Please note that FY 2010 BVP funds may only be used toward the purchase of vests ordered on or after April 1, 2010. Each vest purchased with FY 2010 funds must meet National Institute of Justice (NIJ) standards on the date it was ordered. Beginning with FY 2008 funds, the use period for BVP funds will be two years. To draw down FY 2010 BVP funds, vests must be received and the request for payment submitted to the BVP system by September 30, 2012. Each applicant should update their profile before filing an application for FY 2010 funds. The complete list of FY 2009 BVP awards can be viewed here. The complete list of FY 2008 BVP awards can be viewed here Historical BVP award information for FY 1999 through the FY 2009 can be accessed here Home I Login I Site Map I Contact Us Body Armor Safety Initiative Body Armor Safety Initiative - An Initiative of U.S. Department of Justice. In response to concerns from the law enforcement community, the Department of Justice (DOJ) announced an initiative to address the reliability of body armor used by law enforcement personnel and to examine the future of bullet -resistant technology and testing. As part of this initiative, the National Institute of Justice (NIJ) has examined Zylon&based bullet -resistant vests (both new and used) and is reviewing the process by which bullet - resistant vests are certified. 210612009: National Institute of Justice Body Armor Alert 8/2512008: New National Institute of Justice Body Armor Standard 0101.06 2120/2008: Bullet -Resistant Body Armor Models Removed from NIJ Body Armor List Body Armor Safety Initiative Archive ''AII media contacts should be directed to the Office of Justice Programs, Office of Communications. For immediate assistance, please call us toll -free at 1-877-758-3787. You may also reach us by email at vests(v7usdoi.gov http://www.ojp.usdoj.gov/bvpbasi/ 4/30/2010 ITEM NO. VI — E2 J — - DATE: 5/11/2010 ICOUNTY AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT W TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY Ken J. Mascara SUBMITTED BY: St. Lucie County Sheriffs Office, Administration Sheriff SUBJECT: Authorization to submit an electronic application for the 2010 State Criminal Alien Assistance Program (SCARP) Grant. BACKGROUND: The St. Lucie County Sheriffs Office is requesting permission to submit an electronic grant application for the U.S. Department of Justice/Bureau of Justice Assistance (USDOJ/BJA) 2010 State Criminal Alien Assistance Program (SCARP) Grant. This grant is a retroactive reimbursement grant awarded to localities that had to incarcerate undocumented criminal aliens. The actual allocation will be calculated by BJA based on the number of detained aliens in the past year. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriffs Office submission of the electronic application 2010 State Criminal Alien Assistance Grant offered by the U. S. Department of Justice/Bureau of Justice Assistance. COMMISSION ACTION: CONCURRENCE: (� APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator County Attorney (x) Originating Dept. ( ) Coordination/Signatures Dan McIntyre (Name) OMB Director ( X ) Budget Analyst R W� Marie Gouin Sophia Holt ERD ( ) (Name) St. Lucie County Sheriff's Office MEMORANDUM TO: Board of County Commissioners FROM: Ke . Mascara, Sheriff . Lucie County Sheriff's Office, Administration DATE: Tuesday, March 11, 2010 SUBJECT: Authorization to submit an electronic application for the 2010 State Criminal Alien Assistance Program (SCARP) Grant. ITEM NO. VI — L2 Background: The St. Lucie County Sheriffs Office is requesting permission to submit an electronic grant application for the U.S. Department of Justice/Bureau of Justice Assistance (USDOJ/BJA) 2010 State Criminal Alien Assistance Program (SCAAP) Grant. This grant is a retroactive reimbursement grant awarded to localities that had to incarcerate undocumented criminal aliens. The actual allocation will be calculated by BJA based on the number of detained aliens in the past year. Recommendation Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriffs Office submission of the electronic application 2010 State Criminal Alien Assistance Grant offered by the U. S. Department of Justice/Bureau of Justice Assistance. Programs: State Criminal Alien Assistance Program (SCAAP) Page 1 of 1 OFFICE OF JUSTICE PROGRAMS W'tJW.OJP.USDGJ.G0Y Q 0JABUREAU BJ A Proarams OF JUSTICE ASSISTANCE State Criminal Alien Assistance Program ('SC.NAP) Attention! The State Criminal Alien Assistance Program (SCAAP) application deadline has been extended to 6:00 p.m. e.t. on Wednesday, May 12, 2010. Beginning at noon on May 7, 2010, and extending through the weekend, the Grants Management System (GMS) and the SCAAP application will be unavailable for service. This action is being taken to modernize GMS and to improve the availability, reliability, and performance of the system. Please disregard this message if you have already submitted your FY 2010 application in the Grants Management System. Fiscal Year 2010 SCAAP Funds The application period for FY 2010 SCAAP funds is now open. All applications must be submitted via the OJP online Grants Management System (GMS). All completed applications must be submitted by 6:00 p.m. e.t. on Wednesday, May 12, 2010. Overview: BJA administers SCAAP, in conjunction with the Bureau of Immigration and Customs Enforcement and Citizenship and Immigration Services, Department of Homeland Security (DHS). SCAAP provides federal payments to states and localities that incurred correctional officer salary costs for incarcerating undocumented criminal aliens with at least one felony or two misdemeanor convictions for violations of state or local law, and incarcerated for at least 4 consecutive days during the reporting period. Use njSCAAP Awards: The Department of Justice Reauthorization Act of 2005 (Pub. L. 109-162, Title XI) included the following requirement regarding the use of SCAAP funds: "Amounts appropriated pursuant to the authorization of appropriations in paragraph (5) that are distributed to a State or political subdivision of a State, including a municipality, may be used only for correctional purposes." Beginning with FY 2007 SCAAP awards, SCAAP funds must be used for correctional purposes only. FY 2007-2010 SCAAP Use of Funds List Salaries for corrections officers Overtime costs Corrections work force recruitment and retention Construction of corrections facilities Training / education for offenders Training for corrections officers related to offender population management Consultants involved with offender population Medical and mental health services Vehicle rental / purchase for transport of offenders Prison Industries Pre-release / reentry programs Technology involving offender management / inter agency information sharing Disaster preparedness continuity of operations for corrections facility Reporting Period: The reporting period for the FY 2010 application period is July 1, 2008 through June 30, 2009, Only qualifying inmates who served four or more days during this period may be included in the FY 2010 SCAAP application. Eligible Inmates -Applicant Responvibilides - Unless otherwise prohibited, applicants may submit records of inmates in their custody during the reporting period who: were bom outside the United States or one of its territories and had no reported or documented claim to U.S. citizenship; were in the applicant's custody for four or more consecutive days during the reporting period, were convicted of a felony or second misdemeanor for violations of state or local law; were identified and reported using due diligence. Qualifying Criminal Charges and Convictions To be eligible for reporting, inmates must have been convicted of a felony or second misdemeanor for violations of state or local law, and housed in the applicant's state or local correctional facility for 4 or more consecutive days during the reporting period. Once a person meets these criteria, all pre-trial and post -conviction time served from July 1, 2008 through June 30, 2009 may be included in the FY 2010 application. Qualifying Salary Data: Salary information reported in the SCAAP application must reflect the total salaries and wages paid to full -and part-time correctional officers and others who meet the SCAAP definition (see the FY 2010 SCAAP Guidelines). The reported sum should total the jurisdiction's actual salary expenditures for the applicable reporting period (July 1, 2008 to June 30, 2009). The reported salary should not be a projection, estimate, or average. Correctional Officer salary costs may include premium pay for specialized services (e.g., bilingual officers), shift differential pay, and fixed -pay increases for time in service. Salary costs may also include overtime required by negotiated contract. statute, or regulation (e.g., union agreements, contractual obligations, minimum staffing requirements, etc.) Benefits should not be included in the salary costs. Entering Inmate Data: If the Alien Number is unknown for an individual inmate. enter all zeroes in the A number field. Do not use letters (A) or symbols (dashes, etc.). Also, use zeros (0) as the beginning digit(s) ifthe A -number is fewer than 9 digits. The FBI number is issued by the FBI to track arrests and fingerprint records. If this number is not available, leave this field blank by inserting 10 spaces. If the FBI number is fewer than 10 characters, enter the number first, and then insert spaces for the remainder of the field length. sEaectt http://www.ojp.usdoj.gov/BJA/grant/scaap.html 4/30/2010 c6WUNTY F L Q R I D A AGENDA REQUEST ITEM NO. DATE: REGULAR PUBLIC HEARING LEG. QUASWD VI—E3 5/11/2010 CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Ken J. Mascara SUBMITTED BY: St. Lucie County Sheriff's Office, Administration Sheriff SUBJECT: Authorization to submit an electronic application for the 2010 Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation. BACKGROUND: The St. Lucie County Sheriff's Office is requesting permission to submit an electronic application for the U.S. Department of Justice/Office of Justice Programs/Bureau of Justice Assistance (USDOJ/OJP/BJA) 2010 Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation. This $109,745.00 grant will be split 50150 between the Ft. Pierce Police Department ($54,872.50) and the St. Lucie County Sheriffs Office ($54,872.50). JAG funds may be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and criminal justice information systems. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriffs Office submission of the electronic application 2010 Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation offered by the U. S. Department of Justice/Office of Justice Programs/Bureau of Justice Assistance. COMMISSION ACTION: APPROVED ( ) ( ) OTHER Approved 5-0 County Attorney (X ) r DENIED Coordination/Signatures Dan McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Director ( X ) \�4*� - Budget Analyst J Marie ouin Sophia Holt Originating Dept. ( ) ERD ( ) (Name) (Name) St. Lucie County Sheriff's Office MEMORANDUM TO: oard of County Commissioners FROM: �J.cara, Sheriff ounty Sheriff's Office, Administration DATE: Tuesday, May 11, 2010 SUBJECT: Authorization to submit an electronic application for the 2010 Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation. ITEM NO. VI — L3 Background: The St. Lucie County Sheriff's Office is requesting permission to submit an electronic application for the U.S. Department of Justice/Office of Justice Programs/Bureau of Justice Assistance (USDOJ/OJP/BJA) 2010 Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation. This $109,745.00 grant will be split 50/50 between the Ft. Pierce Police Department ($54,872.50) and the St. Lucie County Sheriffs Office ($54,872.50). JAG funds may be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and criminal justice information systems. Recommendation Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriffs Office submission of the electronic application 2010 Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation offered by the U. S. Department of Justice/Office of Justice Programs/Bureau of Justice Assistance. U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance OMB No. 1121-0329 v.. The U.S. Department of Justice, Office of Justice Programs' (OJP) Bureau of Justice Assistance (BJA) is pleased to announce that it is seeking applications for funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. This program furthers the Department's mission by assisting state, local, and tribal efforts to prevent or reduce crime and violence. Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2010 State Solicitation Eligibility Applicants are limited to states, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, and American Samoa. The allocations list can be found at: www.o4p.usdoi.gov/BJA/grant/lOiagallocations.htm. Deadline This application must be submitted through OJP's Grants Management System (GMS). Registration with OJP's Grant Management System (GMS) is required prior to application submission. (See "How to Apply," page 6) All applications are due by 8:00 p.m. eastern time on June 16, 2010 (See "Deadlines: Registration and Application," page 1). Contact Information For technical assistance with submitting the application, contact the Grants Management System Support Hotline at 1-888-549-9901, option 3, or via e-mail to GMS.Help Des k c-)usdoi.gov. Note: The GMS Support Hotline hours of operation are Monday —Friday from 6:00 a.m. to 12 midnight eastern time, except federal holidays. For assistance with the requirements of this solicitation, please contact your State Policy Advisor: www.oip.usdoi.gov/BJA/resource/ProgramsOffice.pdf. Release date: April 26, 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program (CFDA #16.738) Overview The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a)) is the primary provider of federal criminal justice funding to state and local jurisdictions. The JAG Program provides states and units of local governments with critical funding necessary to support a range of program areas including law enforcement, prosecution and court programs, prevention and education programs, corrections and community corrections, drug treatment and enforcement, crime victim and witness initiatives, and planning, evaluation, and technology improvement programs. Deadlines: Registration and Application Registration is required prior to submission. The deadline to register in GMS is 8:00 p.m. eastern time on June 16, 2010 and the deadline for applying for funding under this announcement is 8:00 p.m. eastern time on June 16, 2010. Please see the "How to Apply" section, page 6, for more details. Eligibility Please refer to the cover page of this solicitation for eligibility under this program. JAG Program —Specific Information All awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law. Established to streamline justice funding and grant administration, the JAG Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG blends the previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice funds where they are needed most. Formula The Bureau of Justice Statistics (BJS) calculates, for each state and territory, a minimum base allocation which, based on the Congressionally mandated JAG formula, can be enhanced by (1) the state's share of the national population, and (2) the state's share of the country's Part 1 violent crime statistics. Once the state funding is calculated, 60 percent of the allocation is awarded to the state, and 40 percent to eligible units of local government (please note that the territories and District of Columbia are exempt from this part of the formula). Eligible state/territory recipients are entitled to the aforementioned 60 percent state allocation plus any funds designated for the state's units of local government whose direct allocation would be less than $10,000. Funds from these "less than $10,000jurisdictions" will be added to the state allocation and must be distributed by the state to state police departments that provide criminal justice services to units of local government and units of local government that were not OMB No. 1121-0329 1 Approval expires 02/28/13 eligible for a direct award of $10,000 or more. In addition, the formula then calculates direct allocations for local governments within each state, based on their share of the total violent crime reported within the state. Local governments entitled to at least $1 0,000 awards may apply directly to BJA for local JAG grants. States also have a variable percentage of the allocation that is required to be "passed through" to units of local government. This amount, also calculated by BJS, is based on each state's crime expenditures. Updated Variable Pass -through percentages (VPT), which State Administering Agencies (SAA) are required to use in the administration of FY 2010 JAG awards, can be found at: www.oip.usdoi.gov/BJA/,qrant/iaqlO/10JAGvpt,pdf. Award Amount Eligible award amounts under JAG are posted annually on BJA's JAG web page: wvvw.oip.usdoi.gov/BJA/grant/jag.html. Purpose Areas JAG funds may be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: • Law enforcement programs. • Prosecution and court programs. • Prevention and education programs. • Corrections and community corrections programs. • Drug treatment and enforcement programs. • Planning, evaluation, and technology improvement programs. • Crime victim and witness programs (other than compensation). Note: The authorizing statute for the JAG Program provides that funds are to be used for the purposes above and notes that these purposes include all of the purposes previously authorized under the Edward Byrne Memorial State and Local Assistance Program (Byrne Formula) and the Local Law Enforcement Block Grant Program (LLEBG). This provision may be useful to applicants in understanding all of the allowable uses under the above purpose areas. For example, relying on this provision, it can be understood that the JAG Purpose Area "Prosecution and court programs" listed above, provides the states and local units of gover nment with the authority to fund defender, judicial, pretrial, and court administration efforts as well as prosecution programs. For a listing of prior Byrne Formula and LLEBG purpose areas, see www.oip.usdoi-gov/BJA/grant/bVrnepurpose.htm1. Although these two programs have been eliminated, their prior purpose areas may be useful in appreciating the scope of the JAG purpose areas. Priorities BJA recognizes that the downturn i n the economy has resulted in significant pressures on state and local criminal justice systems. In these challenging times, all of DOJ, and especially OJP and BJA, wish to ensure that state administering agencies and local JAG recipients are aware of several areas of national focus and priority for DOJ that may be of help in maximizing the effectiveness of the Byrne/JAG funding at the state and local level. As an overall framework for success, we encourage both state and local comprehensive justice planning, bringing all of the system stakeholders together, including law enforcement, courts, prosecutors, defenders, corrections officials, and other stakeholders to create a comprehensive and strategic justice plan to ensure coordination and a more effective justice system. OMB No. 1121-0329 Approval expires 02/28/13 ITEM NO. VI- E4 - - DATE: 5/11/2010 'COUNTY AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -ID ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Ken J. Mascara SUBMITTED BY: St. Lucie County Sheriffs Office, Administration Sheriff SUBJECT: Authorization to submit an electronic application for the 2010 Second Chance Act Reentry Demonstration Program Competitive Grant. BACKGROUND: The St. Lucie County Sheriffs Office is requesting permission to submit an electronic grant application for the U.S. Department of Justice/Office of Justice Programs/Bureau of Justice Assistance (USDOJ/OJP/BJA) 2010 Second Chance Act Reentry Demonstration Program Competitive Grant. The Second Chance Act recognizes that a significant number of offenders returning into the community have chronic substance use and mental health disorders and are in need of treatment in order to successfully complete their supervision, reduce recidivism and promote public safety. Awards amounts for this grant will not exceed $600,000. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriffs Office submission of the electronic application 2010 Second Chance Act Reentry Demonstration Program Competitive Grant offered by the U. S. Department of Justice/Office of Justice Programs/Bureau of Justice Assistance. COMMISSION ACTION: CONCURRENCE: OO APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney (X)( OMB Director ( X) i Budget Analyst Y Dan McIntyre Marie Gouin Sophia Holt Originating Dept. ( ) ERD ( ) (Name) (Name) St. Lucie County Sheriff's Office MEMORANDUM TO: Board of County Commissioners FROM: Ken J. Mascara, Sheriff ucie County Sheriff's Office, Administration DATE: Tuesday, May 11, 2010 SUBJECT: Authorization to submit an electronic application for the 2010 Second Chance Act Reentry Demonstration Program Competitive Grant. ITEM NO. VI — L4 Background: The St. Lucie County Sheriff's Office is requesting permission to submit an electronic grant application for the U.S. Department of Justice/Office of Justice Programs/Bureau of Justice Assistance (USDOJ/OJP/BJA) 2010 Second Chance Act Reentry Demonstration Program Competitive Grant. The Second Chance Act recognizes that a significant number of offenders returning into the community have chronic substance use and mental health disorders and are in need of treatment in order to successfully complete their supervision, reduce recidivism and promote public safety. Awards amounts for this grant will not exceed $600,000. Recommendation Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriffs Office submission of the electronic application 2010 Second Chance Act Reentry Demonstration Program Competitive Grant offered by the U. S. Department of Justice/Office of Justice Programs/Bureau of Justice Assistance. OMB No. 1121-0329 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance The U.S. Department of Justice, Office of Justice Programs' Bureau of Justice Assistance is pleased to announce that it is seeking applicati ons for funding under the Second Chance Act Reentry Demonstration Program Targeting Offenders with Co-occurring Substance Abuse and Mental Health Disorders Program. This program furthers the Department's mission by providing resources to state, local, and tribal governments to establish or enhance residential substance abuse treatment programs in correctional facilities including aftercare and recovery supportive services. Second Chance Act Reentry Demonstration Program: Targeting Offenders with Co-occurring Substance Abuse and Mental Health Disorders FY 2010 Competitive Grant Announcement Eligibility Applicants are limited to states, units of local government, territories, and federally -recognized Indian tribes (as determined by the Secretary of the Interior). Certification Requirements: All applicants must certify that any treatment program being proposed has been developed in coordination with the Single State Authority for Substance Abuse and the State Mental Health Authority, is clinically -appropriate, and will provide comprehensive treatment. Deadline Registration with Grants.gov is required prior to application submission. (See "How to Apply," page 9.) All applications are due by 8:00 p.m. eastern time on June 3, 2010. (See "Deadlines: Registration and Application," page 1.) Contact Information For technical assistance with submitting the application, contact the Grants.gov Customer Support Hotline at 1-800-518-4726 or via e-mail to support(a-)grants. oov Note: The Grants.gov Support Hotline hours of operation are 24 hours, 7 days a week, except federal holidays. For assistance with the requirements of this solicitation, contact Thurston Bryant, BJA Policy Advisor, at 202-514-8082 or thurston.bryant(a-.usdoi.gov. BJA encourages stakeholder feedback on its solicitations and award processes. Send feedback on this solicitation to askbia(Dusdoi.gov. Grants.Gov number assigned to announcement: BJA-2010-2701 Release Date: April 19, 2010 Y CONTENTS Overview 1 Deadlines: Registration and Application 1 Eligibility 1 Targeting Offenders with Co-occurring Substance Abuse and Mental Health Disorders — Specific Information 1 Performance Measures 7 How to Apply What An Application Must Include: Standard Form 424 Program Abstract Program Narrative Budget and Budget Narrative Other Attachments Treatment Requirements Tribal Authorizing Resolution Selection Criteria Review Process Additional Requirements Application Checklist Appendix 1: Statement of Assurance OMB No. 1121-0329 Approval expires 02/28/13 9 10 13 14 14 16 17 Second Chance Act Reentry Demonstration Program: Targeting Offenders with Co-occurring Substance Abuse and Mental Health Disorders CFDA #16.812 Overview The Second Chance Act of 2007 (Pub. L. 110-199) provides a comprehensive response to the increasing number of people who are released from prison and jail and returning to communities, including resources to address the myriad needs of these offenders to achieve a successful return to their communities. Section 201 of the Act specifically addresses the treatment needs of offenders who have substance abuse disorders. The Bureau of Justice Statistics (BJS) has reported over 50 percent of jail and prison inmates were abusing or dependent on drugs in the year before their admission to prison. BJS has also reported that 16 percent of jail and prison inmates were identified as having a mental illness. Other studies have shown that prevalence rates of co-occurring substance abuse and mental health disorders in inmate populations are striking. With regard to the prevalence of substance use disorders among those with severe mental disorders, research indicates that jail detainees have a 72 percent rate of co-occurring substance use. Section 201 of the Second Chance Act authorizes grants to states, units of local government, territories, and Indian tribes to improve the provision of drug treatment to offenders in prisons, jails, and juvenile facilities during the period of incarceration and through the completion of parole or other court supervision after release into the community. The Bureau of Justice Assistance (BJA) is seeking applications from eligible applicants to implement or expand offender treatment programs for re-entering offenders with co-occurring substance abuse and mental health disorders. Deadlines: Registration and Application Registration is required prior to submission. OJP strongly encourages registering with Grants.gov several weeks before the deadline for application submission. The deadline for applying for funding under this announcement is 8:00 p.m. eastern time on June 3, 2010. Please see the "How to Apply" section, page 9, for more details. Eligibility Please refer to the cover page for eligibility under this program. Targeting Offenders with Co-occurring Substance Abuse and Mental Health Disorders —Specific Information All awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law. The Second Chance Act recognizes that a significant number of individuals who are incarcerated and returning to the community have chronic substance use and mental health OMB No. 1121-0329 Approval expires 02/28/13 disorders and are in need of treatment in order to successfully complete their supervision, reduce recidivism and promote public safety. The coordination of drug abuse and mental health treatment with correctional planning can encourage participation in treatment and can help treatment providers incorporate correctional requirements as treatment goals. Research from the National Institute on Drug Abuse indicates that those who complete prison -based treatment and continue with treatment in the community have the best outcomes. In addition, evidence indicates that medications are an important part of treatment for many drug abusing offenders and should be made avai (able as part of substance abuse treatment when appropriate. Outcomes for drug abusing offenders can be improved by monitoring drug use and by encouraging continued participation in treatment. Ongoing coordination between treatment providers and community corrections is important in addressing the complex needs of these re- entering individuals. Section 201 of the Second Chance Act authorizes the Second Chance Act Reentry Demonstration Program Targeting Offenders with Co-occurring Substance Abuse and Mental Health Disorders Program, which is designed to provide treatment and recovery support services to offenders during incarceration and after their return to the community. The term co- occurring disorders (COD) refers to co-occurring substance -related and mental disorders. Clients said to have COD have one or more substance -related disorders as well as one or more mental disorders. At the individual level, COD exist "when at least one disorder of each type can be established independent of the other and is not sim ply a cluster of symptoms resulting from [a single] disorder. NOTES: 1. BJA is seeking applications to meet the treatment needs of inmates with co-occurring substance abuse and mental health disorders. BJA also administers the Residential Substance Abuse Treatment (RSAT) for State Prisoners Program, which enhances the capability of states, units of local government, and tribes to provide incarcerated inmates with residential substance abuse treatment, incorporate this treatment into reentry planning, and deliver community -based treatment and other broad -based aftercare services. RSAT allocations follow a formula that provides each state and territory with a base amount plus an amount proportional to the ratio that its prison population bears to the total prison population of all states and territories. For information about your state's latest RSAT allocation, contact the State Administering Agency www.oip.usdoi.gov/saa/index.htm. 2. BJA has also placed emphasis in FY 2010 on establishing improved information sharing between justice, health and family services agencies and organizations and will provide support through another competitive solicitation to identify a training and technical assistance provider to support states and local and tribal jurisdictions in planning and implementing such cross - disciplinary information sharing efforts. Any jurisdiction applying for or funded under this initiative would be eligible to request no -cost training and technical assistance in this type of information sharing initiative and is encouraged to consider leveraging this no -cost technical support to make information sharing a part of their reentry strategy. Mandatory Treatment Requirements Applicants must certify that any treatment program proposed in the application is clinically appropriate, will provide comprehensive treatment, and has been developed in coordination with the Single State Authority for Substance Abuse and the State Mental Health Authority. Applicants should also provide official documentation that all collaborating service provider organizations are in compliance with all requirements for licensing, accreditation, and certification, including state, local (city, county), and tribal requirements, as appropriate. (Official documentation is a copy of each service provider organization's license, accreditation, and OMB No. 1121-0329 Approval expires 02/28/13 certification. Documentation of accreditation will not be accepted in lieu of an organization's license. A statement by, or letter from, the applicant organization or from a provider organization attesting to compliance with licensing, accreditation, and certification or that no licensing, accreditation, and certification requirements exist does not constitute adequate documentation.) If there are no applicable licensing, accreditation, and/or certification requirements, the applicant should include official documentation from the appropriate agency of the applicable state/tribal, county, or other governmental unit that licensing, accreditation, and/or certification requirements do not exist. Official documentation may be in the form of a letter from the agency within the jurisdiction which monitors substance abuse/mental health service providers confirming that no certification requirements exist. (See Attachment 5 and Appendix 1.) Approved Uses for Award Funds FY 2010 Second Chance Act Reentry Demonstration Program Targeting Offenders with Co- occurring Substance Abuse and Mental Health Disorders Program funds may be used for treating co-occurring substance abuse and m ental health disorders in prison programs, jails, and juvenile detention facilities, providing recovery support services, reentry planning and programming, and post -release treatment and aftercare programming in the community. Applications must demonstrate partnerships with community -based substance abuse and mental health treatment programs to ensure coordinated reentry efforts and ongoing treatment and/or aftercare programming. Applicants must address one specific offender population of focus (i.e., juveniles or adults). Prison -based programs must provide residential treatment facilities set apart —in a completely separate facility or dedicated housing unit in a facility exclusively for use by participants —from the general correctional population. Offenders included in prison -based programs must be within 6-12 months before scheduled release to the community. Applicants must indicate how dual diagnosis treatment will be continued after participating offenders are release into the community. Offender Reentry Substance Abuse and Criminal Justice Collaboration Program funds may be used for the: 1. Use of Assessment Instruments for Treatment and Reentry Planning There is strong evidence from the research literature that offender populations should be assessed to determine criminogenic risk and needs factors and determine supervision levels and services so that appropriate interventions can be delivered. Applicants are strongly urged to use screening instruments and assessment processes that are reliable, validated, and nor med for their specific target population in order to increase the chances that individuals will be matched with the appropriate type of treatment and reentry services. 2. Targeting of Criminogenic Needs that Affect Recidivism While offenders reentering the community have a variety of treatment and behavioral needs, which are themselves risk factors for future offending, criminogenic needs are the dynamic risk factors most closely associated with offending behavior. Criminogenic risk and needs factors include history of anti -social behavior; anti -social personality pattern; anti -social cognition; anti- social associates; family and/or marital status; school and/or work; leisure and/or recreation; and substance abuse. Behavioral change is more likely if offenders are provided with tailored, sequential programming that addresses individual criminogenic needs that affect the risk of recidivism. Applicants are strongly urged to provide cognitive -based treatment interventions that target criminal thinking, especially for higher -risk offenders. OMB No. 1121-0329 Approval expires 02/28/13 3. Provision of Evidence -Based Substance Abuse and Mental Health Treatment Services Applicants are strongly urged to provide substance abuse and mental health treatment practices and services that have a demonstrated evidence base and that are appr opriate for the target population. An evidence -based practice, also called EBP, refers to approaches to prevention or treatment that are validated by some form of documented research evidence. Applicants should identify the evidence -based practice being proposed for implementation, identify and discuss the evidence that shows that the practice is effective; and discuss the population(s) for which this practice has been shown to be effective and show that it is appropriate for the proposed target population. Describe any modifications/adaptations you will need to make to this practice meet the goals of your project and why you believe the changes will improve the outcomes. Applicants are strongly urged to provide integrated treatment of co-occurring disorders, including a consistent message to program participants about substance use and m ental health treatment, and integrated clinical treatment provided by treatment specialists with knowledge of both substance use disorders and serious mental illnesses and an understanding of the complexity of interactions between disorders. Applicants are encouraged to design treatment programs that provide individualized programming that addresses participants' psychosocial problems and skills deficiencies, created through comprehensive assessment and consultation with the treatment participant and provider. Proposed programs should require urinalysis and/or other proven reliable forms of drug and alcohol testing for program participants, including both periodic and random testing, and for former participants while they remain in the custody, or under community supervision, of the state, local, or tribal government. Resources for Evidence -Based Practices: Applicants can find information on evidence -based practices for people with co-occurring disorders on Substance Abuse and M ental Health Services Administration's Co-occurring Center for Excellence web site: www.coce.samhsa.gov/ and on the Center for Mental Health Services' National GAINS Center web site: http://gainscenter.samhsa.gov/html/resources/publications.asp.Another resource is the Center for Substance Abuse Services' Treatment Improvement Protocol 44: Substance Abuse Treatment for Adults in the Criminal Justice System: www.ncbi.nlm.nih.gov/bookshelf/br.fcgi?book=hssam hsatip&part=A80017. Applicants can also find information on evidence -based practices in the Substance Abuse and Mental Health Services Administration's (SAMHSA) Guide to Evidence -Based Practices on the Web at www.samhsa.gov/ebpwebquide. The Guide provides a short description and a link to dozens of websites with relevant evidence -based practices information — either specific interventions or comprehensive reviews of research findings. Please note that SAMHSA's Guide to Evidence -Based Practices also references the National Registry of Evidence -Based Programs and Practices (NREPP). NREPP is a searchable database of interventions for the prevention and treatment of mental and substance use disorders. NREPP is intended to serve as a decision support tool, not as an authoritative list of effective interventions. Being included in NREPP, or in any other resource listed in the Guide, does not mean an intervention is "recommended" or that it has been demonstrated to achieve positive results in all circumstances. Applicants must document that the selected practice is appropriate for the specific target population and purposes of your project. In addition to the web site noted above, you m ay provide information on research studies to show that the services/practices you plan to implement are evidence -based. This information is OMB No. 1121-0329 Approval expires 02/28/13 ITEM NO. VI -ES -j DATE: 5/11/2010 �COUNTY AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED 07 Ken J. Masca SUBMITTED BY: St. Lucie County Sheriffs Office, Administration Sheriff SUBJECT: Authorization to submit an electronic application for the 2010 Paul C� erdell Forensic Science Improvement Grants Program. BACKGROUND: The St. Lucie County Sheriffs Office is requesting permission to submit an electronic application for the U.S. Department of Justice/Office of Justice Programs/National Institute of Justice (USDOJ/OJP/NIJ) 2010 Paul Coverdell Forensic Science Improvement Grants Program. Coverdell funds are used to improve the quality and timeliness of forensic science and medical examiner services by eliminating the backlog in the analysis of forensic evidence and to train and employ forensic staff. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriffs Office submission of the electronic application 2010 Paul Coverdell Forensic Science Improvement Grants Program offered by the U. S. Department of Justice/Office of Justice Programs/National Institute Justice. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney ( ) OMB Director 1�d..:[2 Rs-194 Budget Analyst Dan McIntyre Marie Gouin ({«N.� ti'Q%A­j Sophia Holt Originating Dept. ( ) ERD ( ) (Name) (Name) St. Lucie County Sheriff's Office MEMORANDUM TO: �Board of County Commissioners U FROM: I Ken J. Mascara, Sheriff ucie County Sheriff's Office, Administration DATE: Tuesday, May 11, 2010 SUBJECT: Authorization to submit an electronic application for the 2010 Paul Coverdell Forensic Science Improvement Grants Program. ITEM NO. V I — F 5 Background: The St. Lucie County Sheriffs Office is requesting permission to submit an electronic application for the U.S. Department of Justice/Office of Justice Programs/National Institute of Justice (USDOJ/OJP/NIJ) 2010 Paul Coverdell Forensic Science Improvement Grants Program. Coverdell funds are used to improve the quality and timeliness of forensic science and medical examiner services by eliminating the backlog in the analysis of forensic evidence and to train and employ forensic staff. Recommendation Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriffs Office submission of the electronic application 2010 Paul Coverdell Forensic Science Improvement Grants Program offered by the U. S. Department of Justice/Office of Justice Programs/National Institute of Justice. U.S. Department of Justice OMB No. 1121-0329 Office of Justice Programs' ei National institute of Justice The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), National Institute of Justice (NIJ) is pleased to announce that it is seeking applications for funding under the FY 2010 Paul Coverdell Forensic Science Improvement Grants Program. This program furthers the Department's mission by providing States and units of local government with tools needed to meet the challenges of crime and justice. Specifically, this program seeks to improve the quality and timeliness of forensic science and medical examiner services, including services provided by laboratories operated by States and units of local government. Solicitation: Paul Coverdell Forensic Science Improvement Grants Program Eligibility Applicants are limited to States (including territories) and units of local government. State Administering Agencies (SAAs) apply on behalf of States, including any State government entity. (See "Eligibility" on page 3.) Deadline Registration with OJP's Grant Management System (GMS) is required prior to application submission. (See "How to Apply," page 12.) All applications are due by 11:45 p.m. eastern time on May 17, 2010. (See "Deadlines: Registration and Application," page 3.) Contact Information For technical assistance with submitting the application, contact the Grants Management System Support Hotline at 1-888-549-9901, option 3 or via e-mail to GMScHelpDesk(c-usdoi.c Note: The GMS Support Hotline hours of operation are Monday -Friday from 6:00 a.m. to midnight eastern time, except for Federal holidays. For assistance with any other requirement of this solicitation, contact Alan C. Spanbauer, Program Manager, at 202-305-2436 or by e-mail to alan.spa nbauer(cD-usdoj.gov. SL# 000921 Paul Coverdell Forensic Science Improvement Grants Program CFDA No. 16.742 Overview The Paul Coverdell Forensic Science Improvement Grants Program (the Coverdell program) awards grants to States and units of local government to help improve the quality and timeliness of forensic science and medical examiner services. Among other things, funds may be used to eliminate a backlog in the analysis of forensic evidence and to train and employ forensic laboratory personnel, as needed, to eliminate such a backlog. State Administering Agencies (SAAs) may apply for both "base" (formula) and competitive funds. Units of local government may apply for competitive funds. Authorizing Legislation: The Coverdell program is authorized by Title I of the Omnibus Safe Streets and Crime Control Act of 1968, Part BB, codified at 42 U.S.C. § 3797j-3797o (the Coverdell law). Deadlines: Registration and Application Registration is required prior to submission. The deadline to register in GMS is 11:45 p.m. eastern time on May 17, 2010, and the deadline for applying for funding under this announcement is 11:45 p.m. eastern time on May 17, 2010. Please see the "How to Apply" section, page 1 i , for more details. Eligibility States' and units of local government may apply for FY 2010 Coverdell funds. States may be eligible for both "base" (formula) and competitive funds. Units of local government within States may be eligible for competitive funds and may apply directly to NIJ. Any State application for funding MUST be submitted by the Coverdell SAA listed on the OJP Web site at http://www.oiP.usdoi.gov/saa/index.htm. (Other interested State agencies or departments must coordinate with their respective SAAs.) Each applicant must satisfy the specific application requirements outlined in this announcement, the general requirements for NIJ and OJP grants, and all other applicable legal requirements. The Coverdell law (at 42 U.S.C. § 3797k) requires that, to request a grant, an applicant for the Coverdell funds must submit: 1. A certification and description regarding a plan for forensic science laboratories. Each applicant must submit a certification that the State or unit of local government has developed a plan for forensic science laboratories under a program intended to improve the quality and timeliness of forensic science or medical examiner services in the State, including such services provided by the laboratories operated by the State and those ' For purposes of the Coverdell program, the term "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. For certain purposes, American Samoa and the Northern Mariana Islands are treated as one State. OMB No. 1121-0329 3 Approval Expires 02/28/2013 operated by units of local government within the State. Applicants must also describe the manner in which the grant will be used to carry out that plan. 2. A certification regarding use of generally accepted laboratory practices. Each applicant must submit a certification that any forensic laboratory system, medical examiner's office, or coroner's office in the State, including any laboratory operated by a unit of local government within the State, that will receive any portion of the grant amount (whether directly or through a subgrant) uses generally accepted laboratory practices and procedures established by accrediting organizations or appropriate certifying bodies. 3. A certification and description regarding costs of new facilities. Each applicant must submit a certification that the amount of the grant used for the costs of any new facility constructed as part of a program to improve the quality and timeliness of forensic science or medical examiner services will not exceed certain limitations set forth in the Coverdell law at 42 U.S.C. § 3797m(c). (See information on "permissible expenses" in the next section of this announcement.) Applicants must also describe specifically any new facility to be constructed as well as the estimated costs of the facility. 4. A certification regarding external investigations into allegations of serious negligence or misconduct. Each applicant must submit a certification that "a government entity exists and an appropriate process is in place to conduct independent external investigations into allegations of serious negligence or misconduct substantially affecting the integrity of the forensic results committed by employees or contractors of any forensic laboratory system, medical examiner's office, coroner's office, law enforcement storage facility, or medical facility in the State that will receive a portion of the grant amount." Applicants are expected to review the requirements of each certification carefully before determining whether the certification properly may be made. Any certification that is submitted must be executed by an official who is both familiar with the requirements of the certification and authorized to make the certification on behalf of the applicant agency (that is, the agency applying directly to NIJ). Certifications must be submitted using the templates that appear in Appendix 2. Certifications made on behalf of subrecipients of award funds —rather than certifications made on behalf of the agency applying directly to NIJ—are not acceptable to satisfy the certification requirements. In connection with the certification regarding external investigations described above, applicants must provide, prior to receiving award funds, the name(s) of the existing "government entity" (or government entities). This information is to be provided as an attachment to the program narrative section of the application. See "What an Application Must Include," below, and Appendix 3, which includes a template for the attachment. Please note that funds will not be made available to applicant agencies that fail to provide the necessary information. Important Note on Referrals in Connection With Allegations of Serious Negligence or Serious Misconduct The highest standards of integrity in the practice of forensic science are critical to the enhancement of the administration of justice. We assume that recipients (and subrecipients) of Coverdell funds will make use of the process referenced in their certification as to external investigations and will refer allegations of serious negligence or misconduct substantially affecting OMB No. 1121-0329 Approval Expires 02/28/2013 4 TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Parks and Recreation Services ITEM NO. VI-F1 DATE: 5/11/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (x) PRESENTED BY: Mark A. DiMascio Interim Recreation Manager Florida Department of Environmental Protection (FDEP) Ambient Air Monitoring Equipment See attached memorandum. N/A N/A RECOMMENDATION: Board approval of FDEP request to relocate an Ambient Air Monitoring Station to the Savannas Recreation Area from the old EOC site and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER _ Approved 5.0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director County Attorney (x) Budget Analyst (x ) "194 Daniel S. McIntyre Marie Gouin Originating Dept. ( x ) Debra Brisson r Parks and Recreation MEMORANDUM TO: Board of County Commissioners THROUGH Debra Brisson, Director ( FROM: Mark A. DiMascio, Interim Recreation Manager DATE: May 11, 2010 SUBJECT: Florida Department of Environmental Protection (FDEP) Ambient Air Monitoring Station ITEM NO. VI-F1 Background: Since November 1, 1994, FDEP has stored Ambient Air Monitoring equipment at the old EOC site. They have completed the monitoring and testing requirements at that location and are requesting to relocate the station to the Savannas Recreation Area. Federal Regulations currently require ozone and particulate monitoring in urban areas with a population of 200,000 or more. The Department's Southeast District Ambient Air Monitoring Program is part of the State and Local Ambient Air Monitoring Network established to protect Florida's environment. The Network is required by the United States Environmental Protection Agency (EPA) and the Clean Air Act (CAA). FDEP has determined that the Savannas Recreation Area is a suitable location for the station. The station consists of a portable trailer that houses the sampling equipment. FDEP would like to install the equipment at the site within the next 3-6 weeks and will be responsible for permitting, fencing, maintenance and operation of the monitoring station. Recommendation: Board approval of FDEP request to relocate an Ambient Air Monitoring Station to the Savannas Recreation Area from the old EOC site and authorization for the Chairman to sign documents as approved by the County Attorney. 4Qp{ECTION FLORI A Summer Ivey -Platt Fairgrounds Supervisor 2000 Virginia Ave. Ft. Pierce, Fl. 34982 Florida Department of Environmental Protection Southeast District 400 North Congress Avenue, Suite 200 West Palm Beach, Florida 33401 Savannas Recreation Area, St. Lucie County Siting of an Air MonitoringStation Dear Ms. Ivey -Platt: Charlie Crist Governor Jeff Kottkamp Lt. Governor Michael W. Sole Secretary The Department's Southeast District Ambient Air Monitoring Program is part of the State and Local Ambient Air Monitoring Network established to protect Florida's environment. The Network is required by the United States Environmental Protection Agency (EPA) and the Clean Air Act (CAA). Federal Regulations currently require ozone and particulate monitoring in urban areas with a population of 200,000 or more. A Metropolitan Statistical Area ('_VISA) the size of the Port St. Lucie -Fort Pierce ;Metro Area, which includes the City of Stuart, will require one particulate matter and two ozone monitors. The Department has detern-iined that a station should be established in the southern area of the VISA. The Savannas Recreation Area at 1400 Midway Road, Fort Pierce, is a suitable location for an ozone monitoring station. With the St. Lucie County's approval, the Department would like to install an ozone monitoring station at this site within the next three -to -six -weeks. The station consists of a portable trailer that houses the sampling equipment. The Department will be responsible for permitting, installation, fencing, maintenance and operation of the monitoring station. Enclosed are two copies of a legal Ambient Air Monitoring Agreement that have been signed by the Department. Please have both copies signed and return one to the Department. We look forward to developing a working relationship with your agency in helping to protect Florida's environment. If you have any questions regarding this matter, contact Lee Hoefert at (561) 681-6626, or write to the above address. Si Long ctor of District M Itheast District L /�, aosure �_-� - C) Date "More Protection, Less Process " www.dep.statefl.us Florida Department of Environmental Protection St. Lucie County, Florida Ambient Air Monitoring Agreement This Agreement is entered into between the ST. LUCIE COUNTY PARKS AND RECREATION DEPARTMENT, whose address is 2300 Virginia Avenue, Ft. Pierce, Florida 34982 (hereafter referred to as the County) and the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereafter referred to as the Department) to authorize the Department to install, operate and maintain an air quality monitoring site on the County's property. WHEREAS, the Department will install and maintain a site at the Savannas Recreation Area Property for the purpose of gathering ozone concentration and meteorological information. NOW THEREFORE, the parties hereto agree as follows: ARTICLE I — STATEMENT OF COOPERATION The Department agrees to install and maintain the site which will be located at the Savannas Recreation Area, 1400 Midway Road, Fort Pierce, St. Lucie County, Florida, which includes a security fenced area 8 ft high and approximately 17 ft by 30 ft enclosing an 8 ft by 20 ft non- residential shelter which will be secured to meet City of Fort Pierce, County and State code requirements. The site will also include a secured 10 meter meteorological tower. The site will be provided with separate metered electrical power. The security fence will be constructed of materials similar to that of other fenced enclosures on the property. The Department will provide landscape shrubbery around the fenced area that is similar to other fenced areas on the grounds. The Department will be allowed access to their equipment at all times. The Department agrees to remove all vestiges off the site and return the area to its original condition within ninety (90) days of receipt of written notice to vacate from the County's property. The Department agrees to return the site to its original condition upon termination. ARTICLE II - TERMS OF AGREEMENT The Agreement is effective on the date of execution by all parties and shall remain in effect for five (5) years, unless extended by the mutual written agreement of the parties hereto. ARTICLE III — CONTACTS The parties shall direct all technical matters arising in connection with the performance of this Agreement other than notices, to the attention of the respective Project Managers specified below for attempted resolution or action. Each Party shall provide written notice to the other party of any change in the authorized contact person. The Department's Project Manager for this Agreement is identified below. Lennon Anderson, P.E. Florida Department of Environmental Protection Southeast District 400 North Congress Avenue, Suite 200 _ West Palm Beach, FL 33401 Telephone No. 561-681-6623 _ Fax. No. 561-681-6790 E-mail Address Lennon.Anderson(R @,dep.state.fl.us The County's Project Manager for this Agreement is identified below. Summer Ivey -Platt, Supervisor Savannas Rcercation Area 1400 Midway Road Fort Pierce. FL 34982 ARTICLE IV — COMPENSATION Due to the common interests of the Department and the County, neither party shall be entitled to receive monetary compensation from either party under this Agreement. ARTICLE V — TERMINATION Either pary may terminate this Agreement for convenience by providing ninety (90) days prior written notice. If the Department terminates the Agreement, the Department will return the site to its original condition. ARTICLE VI — LIABILITY Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statues. The county is not responsible for damage or injury from golf balls should a golf ball from the neighboring course go astray. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS Agreement to be executed by their duly authorized representatives on the day and year last written below. ST. LUCIE COUNTY Debra Brisson Director St. Lucie County Parks and Recreation Date: ATTEST: Joseph E. Smith, Clerk of the Circuit Court By: Deputy Clerk .10 STATE OF FLORIDA DEPARTMENT Of ENVIRONMENTAL PROTECTION Long :tor of District Man Bement Least District �12"ev Wto N c6U NTY F L O P. I D A AGENDA REQUEST ITEM NO. VI-F2 DATE: 5/11/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Guy D. Medor SUBMITTED BY: Parks and Recreation Services Parks Manager SUBJECT: Donation from Indian River Estates Homeowners Association BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-7210-564000-700 General Fund (Machinery and Equipment -Parks) 001-7210-366900-700 General Fund (Donations — Parks) PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Budget Resolution No. 10-144 to allocate the $2,800 donation from Indian River Estates Homeowners Association, and approval of EQ10-028 and EQ10-029 to purchase two playground elements, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) ( ) OTHER Approved 5-0 DENIED Coordination/Signatures County Attorney (x ) Daniel S. McIntyre Originating Dept. ( x ) Debra Brisson CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Director Budget Analyst (x) M*ar Gouin Patty Marston (Name) Parks and Recreation MEMORANDUM TO: Board of County Commissioners THROUGH: Debra Brisson, Director FROM: Guy D. Medor, Parks Manager ;Ab P- 61-1 DATE: May 11, 2010 SUBJECT: Donation from Indian River Estates Homeowners Association ITEM NO. VI-F2 Background: On May 11, 2010, the Indian River Estates Homeowners Association will donate $2,800 to the County for park improvements. The Association has requested that the funds be used to purchase two pieces of playground equipment for Palm Lake Park. The Association has selected a Backhoe Digger — EQ10-028 and GT Xcelerator — EQ10-029 for the stationary playground equipment. Recommendation: Board approval of Budget Resolution No. 10-144, to allocate the $2,800 donation from Indian River Estates Homeowners Association, and approval of EQ10-028 and EQ10-029 to purchase two playground elements, and authorization for the Chairman to sign documents as approved by the County Attorney. RESOLUTION NO. 10-144 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Indian River Estates Home Owners' Association, in the amount of $2,800, as a donation for the purchase of two pieces of playground equipment at Palm Lake Park. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 11'h day of May, 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 001-7210-366900-700 Donations $2,800 APPROPRIATIONS 001-7210-564000-700 Machinery & Equipment $2,800 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 11TH DAY OF MAY 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2009-2010 AGENDA DATE: May 11, 2010 DEPARTMENT: PARKS & RECREATION SERVICES RECOMMENDED: X YES I NO I REVISED DIVISION: PARKS APPROVED: YES NO I REVISED EQUIPMENT: Xcelerator ADDITIONAL COSTS BUDGET AMOUNT: $1,960 X NEW REPLACEMENT YES X NO JUSTIFICATION: On May 11, 2010, the Indian River Estates Home Owners' Association will donate $2,800.00 to the County for park improvements. The association has requested that the funds be used to purchase two pieces of playground equipment for Palm Lake Park. The cost of this item includes installation and shipping. EQUIPMENT REQ#: EQ10-029 ACCOUNT#: 001-7210-564000-700 AGENDA REQUEST ITEM NO. VI-F3 DATE: 5111110 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (x) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Guy D. Medor SUBMITTED BY: Parks and Recreation Services Parks Manager SUBJECT: Demolition of BBQ Shelter — Property Record No. Y7601 - River Park Marina BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to demolish the BBQ shelter, Property Record No. Y7601, at River Park Marina. COMMISSION ACTION: ,�4}- APPROVED ( ) OTHER Approved 5-0 County Attorney ( x ) Originating Dept. ( x ) CONCURRENCE: ( ) DENIED Z��L 4 K66 s a e W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director G� r Budget Analyst Daniel S. McIntyre Debra Brisson Marie Gouin Patty Marston (Name) Parks and Recreation MEMORANDUM TO: Board of County Commissioners THROUGH: Debra Brisson, Director W FROM: Guy D. Medor, Parks Manager *) DATE: May 11 2010 SUBJECT: Demolition of BBQ Shelter — Property Record No. Y7601 - River Park Marina ITEM NO. VI-F3 Background: The BBQ shelter at River Park Marina has not been used for its intended purposes since the Port St. Lucie Yacht Club was destroyed by fire in June 2006. Recently, the County's Risk Manager, Dan Lutzke, visited the site with staff and agreed the structure should be demolished as it is a safety hazard and beyond repair. On April 13, 2010, the Board of County Commissioners approved the construction of a 44' hexagon pavilion in the vicinity of this shed. In preparation for the project, in-house personnel will demolish the BBQ shelter. New picnic grills will be installed with the new pavilion. Recommendation: Board approval to demolish the BBQ shelter, Property Record No. Y7601, at River Park Marina. ITEM NO. VI —GI DATE: 5/1112010 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ��11 Donald B. West SUBMITTED BY: Public Works - Administration Public Works Dire or SUB_ Port of Fort Pierce Entrance Road (North 2"d Street) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140306-4315-563005-46502; 2"d Street Entrance Improvements PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of third amendment to Work Authorization No. 17 with Taylor Engineering in the amount of $46,113.92 as outlined in the agenda memorandum and authorization for the Chairman, to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (�) APPROVED ( ) DENIED ( ) OTHER i Faye W. Outlaw, MPA Approved 5.0 County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Dan McIntyre Marie Gouin Originating Dept. ( ) ERD ( ) Don Id B. West v C6UNTY F LORI D A Public Works Department MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works DirectorW' DATE: May 11, 2010 SUBJECT: Port of Fort Pierce Entrance Road (North 2"d Street) ITEM NO. VI — G1 Backaround: Public Works staff has worked closely with Taylor Engineering preparing a revised conceptual design for North 2"d Street that will accommodate the needs of the Port landowners, Fort Pierce Utilities Authority, and the City of Fort Pierce. The attached third amendment to Work Authorization No. 17 for Taylor Engineering in the amount of $37,560.64 outlines the scope of additional services and will extend the work authorization to December 31, 2010. Work performed will provide right-of-way acquisition support to St. Lucie County and will be funded 100% by an existing Florida Seaport Transportation and Economic Development (FSTED) grant, which also expires December 31, 2010. The current project plans show the need to identify five (5) right-of-way acquisitions and three (3) stormwater pond acquisitions. The conceptual plan for right-of-way acquisition will be revised to incorporate local landowner information, the final utility design, and final engineering design. Remaining grant funds of approximately $550,000 will be spent on land acquisition. Previous Action: July 1, 2008 — Approval of WA No. 17 with Taylor Engineering, Inc. in the amount of $706,312.91 for the Port of Fort Pierce Entrance Road (North 2"d Street). July 22, 2009 — First Amendment to WA No. 17 to extend completion date to September 30, 2009. October 6, 2009 — Second Amendment to WA No. 17 to extend completion date to August 5, 2010. Recommendation: Board approval of third amendment to Work Authorization No. 17 with Taylor Engineering in the amount of $46,113.92 as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. THIRD AMENDMENT TO WORK AUTHORIZATION NO. 17 CONTRACT C04-11-622 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS THIRD AMENDMENT 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 TAYLOR ENGINEERING, INC., hereinafter referred to as the "Consultant'. WIT NESSETH: WHEREAS, on November 23, 2004, the County entered into a Consulting Agreement (Contract No. C04-11-622) hereinafter referred to as "Contract' with the Consultant to provide coastal engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, WHEREAS, on July 1, 2008 the parties executed work authorization no. 17 for the project known as Port of Fort Pierce Roadway Improvement Project — P2007-042 Permitting Final Design — Phase I (North 2"d Street); and, WHEREAS, on July 22, 2009, the parties executed the first amendment to extend the completion date to September 30, 2009; and, WHEREAS, on October 6, 2009, the parties executed the second amendment to extend the completion date to August 5, 2010. WHEREAS, the parties desire to further amend the work authorization to add scope of services, compensation, and revise the project schedule. NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C04-11-622). The services to be provided by Consultant on the Project shall be for those as outlined in the additional Scope of Services attached hereto as Exhibit "A" which is attached hereto and made a part of this work authorization and incorporated herein. Page 1 of 2 2. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall not exceed an additional amount of forty-six thousand one hundred thirteen and 92/100 ($46,113.92), as further detailed 3. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the original work authorization and the Continuing Contract shall remain in full force and effect. 4. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work by December 31, 2010. C. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date first written above and upon the terms and conditions stated above. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: TAYLOR ENGINEERING, INC. BY: Print Name: Title: Page 2 of 2 EXHIBIT A RIGHT-OF-WAY ACQUISITION SUPPORT SERVICES Scope of Services PROJECT BACKGROUND The Port of Fort Pierce Roadway Improvement Project proposes to extend or modify some of the existing right-of-ways within the limits of roadway construction. The current project plans show the need to identify five (5) right-of-way acquisitions and three (3) stormwater pond acquisitions. Taylor Engineering will provide right-of-way acquisition support to St. Lucie County (SLC). We will revise the conceptual plan right-of-way acquisition to incorporate local landowner comments, the final utility design, and final engineering design. Completion of this work will require subcontractors to provide surveying and environmental services (tasks 4 and 5 below). TASKS Taylor Engineering and its subcontractors will 1. Develop a 22 in. x 34 in. display exhibit for public meeting that includes the right-of-way sections in question. Figure 1 shows the right-of-way sections. 2. Coordinate with the land surveyor, the geotechnical engineer, the City of Fort Pierce, and St. Lucie County CFP, and SLC to identify the final location of the proposed right-of-way boundaries. 3. Provide SLC with a list of property owners from whom it needs to acquire right-of-way in order to extend or modify the Port of Fort Pierce Roadway Improvement Project's right-of-way areas. Provide SLC the address, current land owner, current tax folio number, and current land owner's legal address. 4. Provide a sketch of legal description for the 3 pond sites and 5 right of way sections. Upon review and approval of the legal descriptions the boundary surveys for these properties will be performed. 5. Provide a Phase 1 Environmental Site Assessment. Dunkelberger Engineering & Testing, Inc. will perform the assessment according to the scope of work described on the following pages. Dunkelberger Engineering & Testing, Inc. will perform a lien search for each property. 6. Provide a report summarizing the results for these tasks. 7. Attend one meeting with SLC staff to review the proposed final right-of-way alignments for the project. 8. Provide assistance to the SLC staff in acquisition of properties including attendance at court hearings on an as needed basis. Page 1 w ,a L r p"f l; V 14, f i 1 oo ay IMp om ; 4 � P saw Will vim Imp — FIGURE 1 TAYL • . ENGINEERING IW! REQUIRED PROPERTY AQUISITIONS - 10151 DEERWOOD PARK BLVD NORTH 2nd STREET ROADWAY IMPROVEMENTS ,. BLDG. 300, SUITE 300 CITY OF FORT PIERCE JACKSON • DUNKELBERGER engineering & testing, inc. '—drig cam www.dunkeiberger-eng EXHIBIT A • Fort Lauderdale • Lakeland • Port Saint Lucie • Sarasota • West Palm Beach Taylor Engineering, Inc. January 22, 2010 10151 Deerwood Park Boulevard Project No. PSL-08-2735(22.2) Building 300, Suite 300 Jacksonville, Florida 32256 Attention: Mr. Hugh C. Verkerk, P.E., Senior Engineer... via e-mail Subject: Proposal for Phase I Environmental Site Assessment Land Acquisitions (three pond sites and five ROWs parcels) North 2nd Street Roadway Improvements Fort Pierce, St. Lucie County, Florida Dear Mr. Verkerk: INTRODUCTION Dunkelberger Engineering & Testing, Inc. (Dunkelberger) is pleased to respond to your request and provide this proposal to perform a Phase I Environmental Site Assessment (ESA) in connection with the three parcels of land and five right-of-way parcels along the North 2nd Street roadway improvement project in Fort Pierce, St. Lucie County, Florida. A scope of work for the assessment and an implementation schedule for the work are presented hereafter. Compensation for our services is also discussed. PROJECT CONSIDERATIONS We understand that the North 2nd Street roadway improvement project will necessitate the acquisition of three parcels of land for pond sites and five right-of-way parcels (slivers or corners). The parcels to be acquired are shown on Figure 1 (Required Property Acquisitions), which was provided by Taylor Engineering, Inc. A Phase I ESA must be completed to evaluate if the subject parcels have sustained environmental impairment as a result of past uses or contains conditions that present a statutory requirement for environmental cleanup. Dunkelberger proposes to perform the requisite Phase I ESA on your behalf. SCOPE OF SERVICES The Phase I ESA will be conducted to identify, to the extent feasible, recognized environmental conditions in connection with the subject site. Dunkelberger proposes to perform the Phase I ESA of the parcels following the requirements set forth in Federal Register 40 Code of Federal Regulations (CFR) Part 312 Standards and Practices for All Appropriate Inquiries; Final Rule (AAI Rule) and ASTM Standard E 1527-05: "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment". The scope of services includes the activities described hereafter. Not included in the scope of the assessment is an evaluation of the issues listed on the following page (i.e. non -scope items per AAI and ASTM E 1527-05). State of Florida Board of Professional Engineers Authorization No. 6870 877.I&M-9222 EXHIBIT A Taylor Engineering, Inc. Project No. PSL-08-2735(22.2) January 22, 2010 • Asbestos Containing Building Materials (ACBMs) • Radon Gas • Lead -Based Paint • Lead in Drinking Water • Wetlands • Regulatory Compliance • Cultural and Historical Resources • Industrial Hygiene • Health and Safety • Ecological Resources • Endangered Species • Indoor Air Quality Review of Provided Information Page 2 Information provided by the client, including previous site investigations or assessments, a legal description and a survey, will be reviewed for evidence of activities which may have environmentally adverse implications. Compliance with accepted protocol is contingent upon the client's full cooperation with regard to producing all requested information and documents in its possession. Records Review We will obtain and review Federal and State environmental record source lists of the type presented hereafter. Federal List Search Radius, Miles NPL 1.00 NPL Delisted 0.50 NFRAP 0.50 CERCLIS 0.50 RCRA CORRACTS 1.00 RCRA (Treatment/Stora isposal TSDI) 0.50 RCRA (Generator) 0.25 Federal IC/ EC 0.50 ERNS 0.25 Tribal Lands 1.00 ate List Search Radius, Miles State/Tribal Sites List (STATE) 1.00 State/Tribal Solid Waste Facilities List (SWL) 0.50 State Other leaner) 0.50 State /Tribal Underground Storage Tank List(UST) 0.25 State /Tribal Leaking Underground Storage Tank List (LUST) 0.50 State/Tribal EC 0.25 State/Tribal IC 0.25 State/Tribal. VCP 0.50 State/rribal Brownfields 0.50 BONKELBERGER EXHIBIT A Taylor Engineering, Inc. Project No. PSL-08-2735(22.2) January 22, 2010 Page 3 A variety of local sources may be researched to enhance and supplement the information obtained from the Federal and State environmental listings. These sources will be researched at the following agencies: • State of Florida Department of Environmental Protection • St. Lucie County Health Department Recorded Environmental Cleanuu Liens A search for the existence of environmental cleanup liens against the parcels will not be conducted as part of this assessment. The AAI rule requires that an environmental cleanup lien search be performed as part of the due diligence effort. If you desire Dunkelberger to perform the environmental lien search, the fee will be $500.00. The lack of a lien search in our environmental report will be considered a data gap and will be evaluated in light of its significance based on our ability to identify conditions indicative of releases or threatened releases of hazardous substances. Physical Setting A current USGS 7.5 minute topographic map will be reviewed to assist in evaluating the physical setting for the site. The physical setting will be ascertained through use of the following additional sources: • USGS groundwater maps • Soil Conservation Service soil maps Historical Use Information Previous uses and/or occupancy of the site will be evaluated dating back to its first development by reviewing one or more of the standard historical sources listed below. If the site was never developed, sources will be reviewed dating back to 1940. • Aerial Photographs • Fire Insurance Maps • Recorded Land Title Records • Zoning Land Use Records City Directories Property Tax Files Building Department Records The actual records or sources reviewed may vary depending upon whether they are reasonably ascertainable, practically reviewable, useful, and within the cost and/or time constraints imposed. DONKR6BBR6BR EXHIBIT A Taylor Engineering, Inc. Project No. PSL-08-2735(22.2) January 22, 2010 Site Reconnaissance Page 4 A reconnaissance of the site will be conducted to obtain information indicating the likelihood of existing recognized environmental conditions associated with the property. The subject parcels will be systematically traversed to provide an overlapping field of view. In the event that visibility or access is limited, such as by heavy vegetation or size, these conditions will be noted in the final report. In general, when visibility or access problems are encountered, the site reconnaissance will be restricted to the perimeters of the subject parcels and to areas such as paths and roadways that are readily accessible for visual observations. Adjoining properties will be observed from the perimeter of the subject parcels. Where appropriate, observations and notes will be made concerning: • General site setting, current and past uses • Geologic, hydrogeologic and topographic conditions • Improvements (structures, roads, utilities) • Hazardous substances and petroleum products • Storage tanks, vents, fill pipes, access ways • Odors (strong, pungent or noxious) • Drums, containers of hazardous substances, petroleum products, and unknown substances • PCB containing equipment • Stains, corrosion and stressed vegetation • Drains, sumps, pits, ponds and lagoons • Solid waste, waste water, wells and septic systems The adjoining properties will be observed from the subject site during the reconnaissance. Visual observations will be made of current and past uses, wherever apparent. Obvious environmental conditions will be noted. The adjacent properties will not be entered. Where possible, photographs will be taken to document the observations. Interviews Interviews will be conducted with individuals having special knowledge of the parcels (i.e. past and present property owners and occupants). These interviews will be conducted by telephone, in writing, or in person to obtain information indicating recognized environmental conditions associated with the site and adjoining properties. If the property is determined to be abandoned or there is evidence of potential unauthorized uses or uncontrolled access, then interviews shall be conducted with neighboring site occupants/owners. BONKBLBBRGBR EXHIBIT A Taylor Engineering, Inc. Project No. PSL-08-2735(22.2) January 22, 2010 Page 5 Data Gaps All data gaps that remain after the conclusion of all required activities will be identified, addressed, cited, and commented upon with regard to environmental significance. Report A report of our findings will be prepared and three copies will be provided. The report will include information obtained during the assessment regarding recognized environmental conditions of the subject site, documentation of the conditions and copies of data obtained. Conclusions based upon this information will also be presented. SCHEDULE Dunkelberger will begin the environmental assessment activities immediately upon receiving your notification to proceed. The environmental assessment will be completed over a three week period (15 business days). Three copies of the Phase I ESA report will be transmitted to you when the assessment is complete. Proper execution of the ESA may require obtaining certain information from public agencies. Due to the wide variation in response time from the various public agencies, some agency responses may not be received by the due date. Should this be the case, the client will be contacted and may choose to either receive the report based on information available at the due date or to extend the due date until all requested information is available. Information which is received after the reports have been submitted will be forwarded in the form received upon receipt by Dunkelberger. DONKBLBBRGER EXHIBIT B RIGHT-OF-WAY ACQUISITION SUPPORT SERVICES Task Description Fee 1 Display Board Preparation $ 2,090.00 2 Coordination Meeting $ 1,422.00 3 Property Owner Listing $ 6,672.00 4 Legal Description and Boundary Surveys $ 16,160.00 5 Phase 1 ESA $ 12,310.00 6 Report $ 4,038.64 7 Meeting $ 1,422.00 8 Court Hearing (estimated) $ 2,000.00 Total $ 46,113.92 Taylor Engineering will complete the scope of work described in Exhibit A for a not to exceed fee of $46,113.92. Work to be completed on or before December 31, 2010. Page 1 EXHIBIT C RIGHT-OF-WAY ACQUISITION SUPPORT SERVICES Schedule Page 1 owl 1 o 0! a 1 Is' � 0 I� a. j gl ' N, 10' X 0 g x s vt $ $ �o g 8 x x x x o 8 $ 8 4.6 Nv� .Q ',g v a o a o• ei v 'd o e v 8 a a T v a g v e$ T m° r �, i. ° '' �", i, m LP g N � 2= e- 32 a 8 0 e € E 8 Q @ E : V e e B S s gg Q a m C g 8 .? �4 s apg gg 44 p o g g a� s$ g E E N s ���« ��� E� = n e• n n L m = z .c F 4 �"• _ .4 s T° � e `�i m � Y F. � m� 32 M A U U LL Pi IT c .� 5 J. a m .4 ° Lo e Z 3 E o `o N° m$• t • o. 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DATE: 5/11/2010 REGULAR l ) PUBLIC HEARING ( ) LEG. QUASI -JD ( ) CONSENT (X ) PRESENTED BY: Donald B. West W Public Works DirfT RECOMMENDATION: Board approval of JPA No. 427660-1-58-01 with FDOT in the amount of $381,000 for St. James Drive Sidewalk Phase 2 as outlined in the agenda memorandum, approval of Resolution No. 10-142, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coordination/Sianature s CONCURRENCE: _—1 Faye W. Outlaw, MPA County Administrator County Attorney ( ) OMB Director ( ) , +" Budget Analyst Dan McIntyre Marie Gouin Originating Dept. ( ) W ERD Don d B. West Page 1 of 2 Public Works Administration MEMORANDUM TO: Board of County Commissioners FROM: Done Nest, Public Works Director w DATE: May 11, 2010 SUBJECT: St. James Drive Sidewalk Phase 2 ITEM NO. VI — G2 Backaround: The attached Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) will provide construction funding in the amount of $381,000. No County match is required; however, any additional project cost shall be the sole responsibility of the County. Pre -design construction estimates are projected to be less than the grant dollars available through this JPA. The St James Drive Pedestrian Bicycle Pathway Phase 2 project will consist of an eight foot wide sidewalk on the east side of St. James Drive from the Oxbow Eco Center south to the southern entrance of NE Lazy River Parkway a distance of .956 miles. The County is funding design through the Transportation Trust - Impact Fees. Previous Action: June 16, 2009 — Approval to submit grant application to Florida Department of Transportation for St. James Sidewalk Phase 2. May 4, 2010 — Approval of Work Authorization No. 5 with Kimley Horn and Associates in the amount of $55,760. Recommendation: Board approval of JPA No. 427660-1-58-01 with FDOT in the amount of $381,000 for St. James Drive Sidewalk Phase 2 as outlined in this agenda memorandum, approval of Resolution No. 10- 142, and authorization for the Chairman to sign documents as approved by the County Attorney. Page 2 of 2 RESOLUTION NO. 10-142 A RESOLUTION ACCEPTING THE FLORDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT (# 427660-1-58-01) FOR ST. JAMES DRVIE SIDEWALK - PHASE 2 AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for St. James Drive Sidewalk - Phase 2 (#427660-1-58-01). 2. The Board should authorize and approve execution of the Joint Participation Agreement with the Florida Ports Council and Florida Department of Transportation for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Joint Participation Agreement with the Florida Department of Transportation (#427660-1-58-01) to provide funding for St. James Drive Sidewalk - Phase 2. 2. The Board hereby authorizes and Chairman to execute the above - referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. Page 1 of 2 After motion and second, the vote on Resolution 10-142 was as follows: Chairman Charles Grande Vice -Chairman Doug Coward Commissioner Paula Lewis Commissioner Chris Craft Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this day of 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 2 of 2 DUNS No.: 07-22.1-5403 CSFA No.: 55 2929 Contract No.: FM No: 427660-1-58-01 FEID No: VF-591-474-012 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT THIS Joint Participation Agreement (hereinafter referred to as "Agreement"), entered into this day of , 20 , by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and St. Lucie Co ty, located at 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as the PARTICIPAN T. WITNESSETH WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the PARTICIPANT NT make ed in certain improvements in connection with Financial Management (FM) Number Fiscal Year 2009/2010) for the construction of a pedestrian and bicycle pathway Blant. James on Blvd. iv 6.om the southern driveway entrance of N.E. Lazy River Parkway (MP 5.823) to North of St. Lucie County, Florida. Refer to Exhibit "A" of this Agreement for a detailed Scope of Services attached hereto and made a part hereof; and, WHEREAS, for purposes of this Agreement, improvements to be made as stated above are hereinafter referred to as the "Project"; and, WHEREAS, the improvements are in the interest of both the PARTICIPANT and the DEPARTMENT and it would be more practical, expeditious, and economical for the PARTICIPANT to perform such activities; and, WHEREAS, the PARTICIPANT by Resolution No. adopted on 20_, a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this AGREEMENT. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The PARTICIPANT shall be responsible for assuring that the Project complies with all applicable Federal, State and Local laws, rules, regulations, guidelines and standards. The PARTICIPANT shall also be responsible for providing construction engineering inspection (CEI) services including administration and technical coordination required for the Project. Page 1 3. The DEPARTMENT agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the Project available to the PARTICIPANT at no extra cost. 4. The PARTICIPANT shall have the sole responsibility for resolving claims and requests for additional work for the Project. The PARTICIPANT will make best efforts to obtain the DEPARTMENT'S input in its decisions. 5. The DEPARTMENT agrees to pay the PARTICIPANT for the services described in Exhibit "A" of this Agreement. The DEPARTMENT will pay the PARTICIPANT an amount not to exceed THREE HUNDRED EIGHTY ONE THOUSAND DOLLARS ($381,000.00) for actual costs incurred as detailed in progress reports. The PARTICIPANT shall invoice the DEPARTMENT on a quarterly basis. If the actual cost of the PROJECT exceeds the DEPARTMENT'S participation of THREE HUNDRED EIGHTY ONE THOUSAND DOLLARS ($381,000.00), any additional costs shall be the sole responsibility of the PARTICIPANT. The PARTICIPANT will comply with the Federal and State Audit provisions and the Single Audit Compliance Requirements set forth in Exhibit "B" and Exhibit "C", respectively, which is attached hereto and made part of this Agreement. 6. The PARTICIPANT must submit the final invoice to the DEPARTMENT within 180 days after the final acceptance of the Project. Invoices submitted after the 180-day time period will not be paid. 7. The PARTICIPANT acknowledges and agrees that the DEPARTMENT'S obligation to pay the sum set forth herein is contingent upon an annual appropriation by the Florida Legislature. 8. 1 In the event the Project costs, Project modifications, or changes to bid items occur that increase or exceed the amount authorized in paragraph 5, the DEPARTMENT and the PARTICIPANT shall meet and attempt to mutually agree to the amount and distribution of the additional funding needed to complete the Project. Any funding increase or modifications to the Project shall be added by means of an amendment to the original Agreement to be signed by both parties before work is undertaken. However, in the event the PARTICIPANT and the DEPARTMENT fail to negotiate an amendment for any reason whatsoever, then the increase in the Project costs will be the sole responsibility of the PARTICIPANT. 9. In the event it becomes necessary for the DEPARTMENT or PARTICIPANT to institute suit for the enforcement of the provisions of this AGREEMENT, each party shall be responsible to pay their own attorney fees and court costs. Venue with respect to such litigation shall be in Broward County. Page 2 10. This AGREEMENT and any interest herein shall not be assigned, transferred or otherwise encumbered by the PARTICIPANT under any circumstances without the prior written consent of the DEPARTMENT. However, this AGREEMENT shall run to the DEPARTMENT and its successors. 11. Except as otherwise set forth herein, this AGREEMENT shall continue in effect and be binding to both the PARTICIPANT and the DEPARTMENT until the Project -is completed as evidenced by the written acceptance of the DEPARTMENT or December 31, 2011, whichever occurs first. 12. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department of Financial Services under Section 215.422(14), Florida Statutes, or by the Department's Comptroller under Section 334.044(29), Florida Statutes. 13. If this AGREEMENT involves units of deliverables, then such units must be received and accepted in writing by the Project Manager prior to payments. The DEPARTMENT will render a decision on the acceptability of services within ten (10) working days of receipt of a progress report. The DEPARTMENT reserves the right to withhold payments for work not completed, or work completed unsatisfactorily, or work that is deemed inadequate or untimely by the DEPARTMENT. Any payment withheld will be released and paid to the PARTICIPANT promptly when work is subsequently performed. 14. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 15. PARTICIPANTS providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has ten (10) working days to inspect and approve the goods and services. The DEPARTMENT has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. 16. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the PARTICIPANT. Interest penalties of less than one (1) dollar will not be enforced unless the PARTICIPANT requests payment. Invoices that have to be returned to a PARTICIPANT because of PARTICIPANT 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. Page 3 17. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Department of Financial Services Hotline, 1-877-693-5236. 18. Records of costs incurred under the terms of this AGREEMENT shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes the PARTICIPANT'S general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. 19. In the event this contract is for services in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "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 such 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 one 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 TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year." 20. The PARTICIPANT will comply with all federal, state, and local laws and ordinances applicable to work or payment for work thereof, and will not discriminate on the grounds of race, color, religion, sex, national origin, age, or disability in the performance of work under this Agreement. 21. The PARTICIPANT warrants that it has not employed or obtained any company or person, other than bona fide employees of the PARTICIPANT, to solicit or secure this Agreement, and it has not paid or agreed to pay any company, corporation, individual or fine, other than a bona fide employee employed by the PARTICIPANT. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. Page 4 22. With respect to any of the PARTICIPANT'S agents, consultants, subconsultants, contractors, and/or sub -contractors, such party in any contract for this PROJECT shall agree to indemnify, defend, save and hold harmless the DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission or commission of such agents, consultants, subconsultants, contractors and/or subcontractors. The PARTICIPANT shall provide to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. 23. This Agreement is governed by and construed in accordance with the laws of the State of Florida. 24. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 25. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: If to the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Leos A. Kennedy, Jr. With a copy to: Yanique Hopkins A second copy to: Office of the General Counsel If to the PARTICIPANT: St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Attn: Lori Rocky, P.E. With a copy to: Attorney Page 5 IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Agreement by Resolution No. hereto attached. ST. LUCIE COUNTY NAME: TITLE: ATTEST: COUNTY CLERK APPROVED: BY: COUNTY ATTORNEY (SEAL) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION GERRY O'REILLY, P.E. DIRECTOR OF TRANSPORTATION DEVELOPMENT LEGAL REVIEW: BY: OFFICE OF THE GENERAL COUNSEL APPROVED: BY: PROFESSIONAL SERVICES ADMINISTRATOR Page 6 EXHIBIT "A" SCOPE OF SERVICES St. James Drive Pedestrian/Bicycle Pathway- Phase 2 Project FM# 427660-1-58-01 The PARTICIPANT will be responsible for the Construction and CEI services of an eight (8) foot elde of pedestriantbicycle pathway on the east side of St. James Drive from the s Y N.E. Lazy River Parkway (MP 5.823) to North of Blanton Blvd. (MP 6.368). Page 7 EXHIBIT "B" FEDERAL AND/OR STATE FUNDED CONTRACTS The administration of resources awarded by the Department to ST. LUCIE COUNTY may be subj ect to audits and/or monitoring by the Department, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may . include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to ST. LUCIE COUNTY regarding such audit. ST. LUCIE COUNTY further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "C" indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. PART II: STATE FUNDED Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, 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 "C" indicates state financial assistance awarded through the Department by thisagreement. confider all ounces of determining e financ al assistance, al assistance expended in its fiscal year, the recipient shall 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)(d), Florida Statutes, and Chapters 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 $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. PART III: OTHER AUDIT REQUIREMENTS The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department at the following address: Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10t' Street Jeffersonville, IN 47132 C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to the following: Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison 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, as revised, and any management letters issued by the auditor, to the Department at the following addresses: Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to the following: A. The Department at the following address: Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at the following address: Florida Department of Transportation, 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison 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, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION 1. The recipient 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, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, 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. EXHIBIT C SINGLE AUDIT COMPLIANCE REQUIREMENTS 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 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: STATE RESOURCES State Agency Catalog ofState Financial Assistance (Number & Title) Amount DOT 55.029 County and School District Infrastructure Pilot Program $381,000.00 (Department of Transportation) Program Objectives: Funding is provided to assist counties and school districts with transportation and infrastructure issues. Program Funding is limited to counties that have at least a 3.75 percent average Restrictions: enrollment growth for the five year period ending with the 2007-08 school year. ITEM NO. VI-G3 DATE: 5/11 /2010 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Donald Pauley SUBMITTED BY: Public Works, Road & Bridge Division Road & Bridge Manager SUBJECT: Amendment to Contract for Aquatic Vegetation Control Services BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 101003-4108-534000-400 Other Contractual Services PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the sixth amendment to Contract No. C07-12-695 with Aquagenix, adding the Merritt drainage ditch and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (�Q APPROVED ( ) DENIED ( ) OTHER - Faye W. Outlaw, MPA Approved 5.0 County Administrator Coordination/Signatures County Attorney (X) OMB Director Budget Analyst Daniel S. Mclntrye Originating Dept. ( X) Public Works Donald Pauley C- �h I Marie Gouin TawonnaJohn (X). n West Page 1 of 2 s Public Works Department Road & Bridge Division MEMORANDUM TO: Board of County Commissioners THROUGH: Don West, Public Works Director W - FROM: Donald Pauley, Road & Bridge Manage DATE: May 11, 2010 SUBJECT: Amendment to Contract for Aquatic Vegetation Control Sevices ITEM NO. VI- G3 Backaround: The Road and Bridge Division is responsible for the maintenance of approximately 10 lakes, 15 retention areas and four large canals. Road and Bridge does not have the in-house resources or the certified technicians that are mandatory for the chemical spraying and mowing required. In 2007, St. Lucie County entered into a contract with DeAngelo Brothers, Inc. d/b/a Aquagenix, the lowest responsive, responsible bidder, located in Lake Park, to provide aquatic vegetation control services. The Merritt drainage ditch is approximately a .10 mile long and is a major drainage ditch for the White City area. This can be added to the contract for an annual amount of $1,148.92. The new annual total for the contract is $137,642.68. The sixth amendment to contract C07-12-695 is attached. Previous Action: December 18, 2007 — BOCC approval of award of bid. February 19, 2008 — First amendment adding the Lakewood Regional Park retention pond. March 18, 2008 — Second amendment adding Tradition Field retention pond. October 14, 2008 — Third amendment adding lake at White City Paris. April 14, 2009 — Fourth amendment adding Savanna retention area. September 8, 2009 — Fifth amendment adding Kitterman Road retention pond and increasing coverage to Saeger Avenue. Recommendation: Board approval of the sixth amendment to Contract No. C07-12-695 with Aquagenix, adding the Merritt drainage ditch and authorization for the Chairman to sign documents as approved by the County Attorney. Page 2 of 2 ITEM N0. VI-L5 DATE: 09108109 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD { ) CONSENT ( X) T0: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Amendment to Contract for Aquatic Vegetation Control Services BACKGROUND, See attached memorandum. FUNDS AVAILABLE: 101003-4108-534000-400 Other Contractual Services PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval. of .the fifth amendment to Contract No. C07-12-695 with Aquagenix, adding the Kitterman Road retention pond and increasing coverage for the. Saeger Avenue retention pond, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: (xj APPROVED ( ) DENIED { ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outtaw, MPA County Administrator Coo rdination/Sienatures OMB County Attorney (X) Budget Analyst Dan McIntyre Purchasing (X) Road & Bridge Melissa Imberlund (X) *aW—onna Johnson (X) MD - A q u a g e n i x M a n a 9 1 n 9 Y o u r L I q u I d A••• t• Special Service Agreement St. Lucie County Div. Of Road ili Bridge 2300 Virginia Ave. FL Pierce, FL 34982-5662 Contact Jim Beams Phone: (772) 462.2511 PropoaalID Date Terms 48137 4/12/2010 Balance Net 30 Days Quantity Description Taxable Unit Price Extended Price 4 Quartallq Herbicide application of par acre_ (Unit ditch. Eon Street to Tumblin Kling No $287.23 i1, i48.82 Road. 2.7 Acres Q $108.00 prig la per application) Total $1,148.82 This offer to good for twenty ON (21) days from debt of quote. Sales Tax Not Included. DO NOT PAY FROM THIS AGREEMENT - INVOICE TO FOLLOW AQUAGENIX PRINT NAME DATE 851 West 139, Court, Rmere beach, FL 33404 (581) 881-1291 - Fax: (581) 88t-1293 aI CUSTOMER PRINT NAME DATE C07-12-695 SIXTH AMENDMENT TO DECEMBER 18, 2007 CONTRACT BETWEEN ST. LUCIE COUNTY AND DEANGELO BROTHERS, INC. D/B/A AQUAGENIX THIS SIXTH 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 DEANGELO BROTHERS, INC. d/b/a AQUAGENIX, or his, its or their successors, executors, administrators, and assigns (the "Contractor"). WHEREAS, on December 18, 2007 the parties entered into a contract to provide Aquatic Vegetation Control of Drainage Right -of Ways, Waterways, Lakes, Ponds, and Water Retention Areas; and, WHEREAS, on February 19, 2008 the parties executed the first amendment to the contract adding a location (Lakewood Park Regional Park); and WHEREAS, on March 18, 2008 the parties executed the second amendment to the contract adding a location (Tradition Field); and WHEREAS, on October 14, 2008 the parties executed the third amendment to the contract adding a location (White City Park); and, WHEREAS, on March 14, 2009, the parties executed the fourth amendment to the contract adding a location (Savanna Retention Area); and, WHEREAS, on September 8, 2009, the parties executed the fifth amendment to the contract adding another location (Kitterman Road @ U.S. Highway 1 retention pond) and correct the area and acreage for Saeger Avenue @ Oleander Avenue retention pond due to extensive construction; and, WHEREAS, the parties desire to further amend the Contract to add another location (Ditch Elm Street to Tumblin Kling Road). NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: C � C07-12-695 1. Paragraph 7. CONTRACT PAYMENT shall be amended to read as follows: 7. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and completion of the project in accordance with the Contract Documents, subject to adjustment by change order, the total amount in current funds according to the Amended Schedule #1 — Sixth Amendment. The County shall pay the Contractor through payments issued by the County Finance Department in accordance with the Florida Prompt Payment Act of the Florida Statutes, Chapter 218.70, upon receipt of the certified invoice from the County Project Manager. The parties agree, however, that any payments withheld as liquidated damages or for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. 2. Schedule #1 for Bid #07-115 Aquatic Vegetation Control Services, of the Contract is hereby amended hereto and made a part hereof as Amended Schedule #1. — Sixth Amendment. 3. 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 BOARD OF COUNTYCOMMISSIONERS ST. 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C C d C O C O _ O c o � A 0 > C_ O N Q C m E = m N c a U) W E _N Y � t� �`•> CO M Of M O O co fn 04 O 7 E b N O H E O U a� } m � T f0 H E C 0 U a a a o 0 O c j O or u Q .0 N O 7 c a Z 7 L O T c U � 7 N E 0 0 cv J 9 U N c O O � U T m .0 0 O rN N 9 O U C O � mL. � N c j C c D 7 vi O zU E O N N @ O O. O C C O Q 7 `0 Z a O c > 7 N O OU a v 3 c o L N N 1 C ~ O t0 0 m O O N O C L m } OU c C O d ° E n 7va C 0 `m T U m o O L Q y a a c v a c o 0 o 0 U y N _O m a E m 7 > o- = a InU o 3 m W -6 2 s U 4 v ITEM NO. VI-G4 rc6UNTWY F L O RID A-40 DATE: AGENDA REQUEST REGULAR TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Public Works, Road & Bridge Division SUBJECT: Change Order to Street Resurfacing Contract BACKGROUND: See attached memorandum. 5/11 /2010 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY� Donald Pauley Road & Bridge Manager FUNDS AVAILABLE: 316001-41132-546200-42003 Maintenance Improvements - Resurfacing PREVIOUS ACTION: September 8, 2009 — Board awarded bid no. 09-054 to Dickerson Florida, Inc. RECOMMENDATION: Board approval of Change Order no. 1 to contract C09-09-455 with Dickerson Florida, Inc. in the amount of $38,200.66 and authorization for the Chairman to sign as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (A APPROVED ( ) DENIED OTHER �' 1 Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney (X) Daniel S. Mclntrye Originating Dept. (X ) Donald Pauley OMB Director (X ) Budget Analyst Marie Ocruin Public Works ( X ) W D n West Page 1 of 2 COUNTY F LORI D A -4 Public Works Department Road & Bridge Division MEMORANDUM TO: Board of County Commissioners THROUGH: Don West, Public Works Director�rl - FROM: Donald Pauley, Road & Bridge Manager DATE: May 11, 2010 SUBJECT: Change Order to Street Resurfacing Contract ITEM NO. VI-G4 Background: On September 8, 2009 the Board of County Commissioners approved the award of bid no. 09-054 (Street Resurfacing) to Dickerson Florida, Inc. in the amount of $606,994.37. In the process of the contractor resurfacing the roads listed in the contract, additional costs totalling $38,200.66 were identified as follows: 1. Glades Cut Off Road had an additional 500 feet resurfaced in the amount of $4,833.15. 2. Additional fees on Easy Street in the amount of $5,700, were required due to some additional requirements for maintenance of traffic that were not included in the original contract. 3. The resurfacing of Orange Avenue near Kings Highway in the amount of $27,677.51. This portion is damaged from heavy truck traffic frequently stopping and causing the asphalt to be pushed and buckled. Funds are available in the Maintenance Improvements Resurfacing account (316001-41132- 546200-42003). Recommendation: Board approval of Change Order no. 1 to contract C09-09-455 with Dickerson Florida, Inc. in the amount of $38,200.66 and authorization for the Chairman to sign as approved by the County Attorney. Page 2 of 2 ITEM NO. VI-L2 DATE: 09/8/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: M. Marie M. Gouin ' *�/ SUBMITTED BY. Office of Management & Budget/Purchasing Director SUBJECT: Bid No. 09-054, Street Resurfacing BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 316001-41132-546200-42003 Maintenance Improvement Projects PREVIOUS A TI N: WA RECOMMENDATION: Incorporated a�ed o Fort Pierce and authoto award Bid No. 54, Street riization for the Chair to sign documents Florida,, to Dickerson s approved by the County Attorney. COMMISSION ACTION: p(� APPROVED ( ) OTHER Approved 5-0 ( ) DENIED CONCURRENCE- Faye W. Outlaw, MPA County Administrator CoordInatl0W$19na urea �j OMB County Attorney (X) �Q Budget Analyst Dan McIntyre Purchasing ( X) Public Works Desiree Cimino AI (X) Robert O'Sulpvan (X) V�' .Don West DICKERSON FLORIDA, INC. A COMPANY OF THE 01CK RSON GRCUP, INS, April 9, 2010 Sent via email Ms. Debbie Spivy St. Lucie County Road & Bridge Department 2300 Virginia Ave. Ft. Pierce, FL 34982 Re: T-6751 SLC Resurfacing Orange Ave Repairs DFI #T-6751 Dear Ms. SpivT We are pleased to present the following proposal on items of construction at the above location. This proposal is effective for sixty (60) days and is based on current material prices. All work will be done in a neat workmanlike manner and in accordance with the plans and specifications. All work to be guaranteed as to workmanship for a period of one (1) year from date of completion. Thank you for giving us the opportunity to quote you. Sincerely, DIC LORIDA, INC. Bernie Barrile Vice President ' BZ P.O. Box 910 • Fort Pierce, Florida 34954-0910 (772) 429-4444 Fax (772) 429-4445 www.dickersonflorida.com Pr000eal DICKERSON FLORIDA, INC. Job Code: T•6751 SLC Resurfacing Orange Ave Repairs Description: SLC Resurfacing Orange Ave Repairs Job Code T-6751 SLC Resurfacing Orange Ave Repairs Job Description SLC Resurlacing Orange Are Repairs Job Location Job City Job County 1 1 TYPE S ASPHALT EAST BOUND WEST SIDE STARTING AT A 133.00 TN 141.90 16,872.70 POINT 150' WEST OF KINGS HWY TO 650' WEST OF KINGS HWY 500' TOTAL 2 2 I MILLING T SAME AREA AS ABOVE 1,333.00 SY 5.57 7,424.81 3 3 STRIPING 1.00 LS 1,100.00 1,100.00 4 4 MOT PLAN 1.00 Each 270.00 270.00 Subtotal: 27,667.51 GRANDTOTAL• 27,66Z51 I t Submitted By: Bemie Barrile !3 3 C912010 3.01 PM Copyright®1989-2009 Hard Dollar Corp. All Rights Reserved. 1 Of ' CHANGE ORDER ST. LUCIE COUNTY CHANGE ORDER NUMBER: No 0 PROJECT: 1 (name, address) 4/9,2010 St. Lucie County Street Resurfacing INITIATION DATE: CONSULTANT'S PROJECT NO.: TO (Contractor): Dickerson F!crda, Ir,c. ST. LUCIE COUNTY CONTRACT NO: C09-09.455 P.O. Box 910 Ft. Pierce, Florida 34954 CONTRACT DATE September 8, 2009 You are directed to make the following changes in this contract: (Additional sheet attached as Exhibit A - Yes No) The original (Contract Sum) (Guaranteed Maximum Cost) was $ 606,994.37$ Net change by previous authorized Change orders $ 606,994.37 The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change order The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased or $ 38,200.66 unchanged) by this Change Order 645,195.03 The new (Contract Sum) (Guaranteed Maximum Cost) including this Change order will be $ ( 0 ) Days The Contract Time will be (increased) (decreased) (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is: Funds Available: Account Number 316001-41132-546200-42003 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and c mutative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. CONTRACTOR: Dickerson Florida, Inc. Contractor P.O. Box 910, Ft. Pierce, Florida 34954 Address: By: Date: ATTEST: DEPUTY CLERK APPROVED: Road & Bridge/Public Works St. Lucie County Department 2300 Virginia Avenue Ft. Pierce, Florida 34982 Address By - Date AUTHORIZED: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By. CHAIRMAN Date: Approved as to Form and Correctness: County Attorney cI CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Bid No. 10-022, Lawnwood Complex Gravity Sewer Extension BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 129-7210-563000-107604 Parks MSTU - Infrastructure PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to award Bid No. 10-022, Lawnwood Complex Gravity Sewer Extension, to Melvin Bush Construction, Inc. of Port St. Lucie, Florida, in the amount of $71,481.60 and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER ,- �,� Faye W. Outlaw, MPA County Administrator Approved 5-0 Coordination/Signatures County Attorney ( X ) Dan McIntyre Purchasing (X) Desiree Cimino OMB Budget Analyst ( X)- Robert O'Sullivan Parks & Recreation ( X) Debra Brisson Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners( FROM: Marie M. Gouin, Director' \ DATE: May 11, 2010 SUBJECT: Bid No. 10-022, Lawnwood Complex Gravity Sewer Extension ITEM NO. VI-H 1 Background: On April 7, 2010, submittals to Bid No. 10-022 for the Lawnwood Complex gravity sewer extension were opened. Six submittals were received; 304 companies were notified and 33 documents were distributed. Bid No. 09-069 was bid in accordance with Economic Stimulus Ordinance 09-008. The lowest responsive bidder, Melvin Bush Construction, Inc. is located in St. Lucie County and has committed to use 75% local labor, local suppliers and local subcontractors. The purpose of this bid is to establish a contract, by means of sealed bids, to furnish all labor, materials, equipment and appurtenances for the installation of gravity sewer improvements; PVC gravity main installation and appurtenances; installation of sanitary manholes; providing erosion control; site restoration; density testing; as well as the decommissioning of existing grinder station at the Lawnwood Sports Complex. Recommendation: Board approval to award Bid No. 10-022, Lawnwood Complex Gravity Sewer Extension, to Melvin Bush Construction, Inc. of Port St. Lucie, Florida, in the amount of $71,481.60 and authorization for the Chairman to sign documents as approved by the County Attorney. BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT TABULATION SHEET — BID #10-022 LAWNWOOD COMPLEX GRAVITY SEWER EXTENSION OPENED: APRIL 07, 2010 AT 3:00 PM Five (5) submittals were received for subject proposal: TOTAL ECONOMIC STIMULUS MELVIN BUSH CONSTRUCTION INC. 2748 SW Casella St., Port St. Lucie, FL. 34953 Phone: 772-336-0623 Fax: 772-336-0488 $71,481.60 Local Labor: 75% Local Supplier: 75% Local Subcontractors: 75% CENTERLINE UTILITIES INC. 15159 101 St. Terrace, N, Jupiter, FL 33478 Phone: 561-689-3917 Fax: 561-689-0017 $7g 715.55 Local Labor: 75% Local Supplier: 00% Local Subcontractors: 00% PRECISION PAVING & EXCAVATION INC. 8430 Hidden Pines Rd., Fort Pierce, FL 34945 Phone: 772-468-1313 Fax: 772-468-1071 $87 996 O0 Local Labor: 75% Local Supplier. 75% Local Subcontractors: 75% R.K. CONTRACTORS INC. 2860 S. Brocksmith Rd., Ft. Pierce, FL 34945 Phone: 772-462-0770 Fax: 772-462-0765 $92 511.00 Local Labor: 100% Local Supplier: 75% Local Subcontractors: 75% SUNSHINE LAND DESIGN INC. 3291 SE Lionel Terrace, Stuart, FL 34997 Phone: 772-283-2648 Fax: 772-283-8944 $g3,889.40 Local Labor: 75% Local Supplier: 75% � !Local Subcontractors: 75% AWM CONSTRUCTION INC. 2296 North U.S. 1, Fort Pierce, FL 34946 Phone: 772 466-7117 Fax: 772- 467-9859 $97,178 .00 Local Labor: 90% Local Supplier: 75% Local Subcontractors: 75% math error * Number of companies notified*: 304 Number of bid documents distributed*: 33 Number of bids received: 6 *per demandstar.com CHRIS DZADOVSKY, District NoA • 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 34982-6652 — Phone (772) 462-1700 — TDD (772) 462-1428 Website: www.co.st-lucteAus ATTACHMENT 1 - AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Office of Management & Budget/Purchasing ITEM NO. VI-H2 DATE: 5/11/10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Marie M. Gouin ) Director SUBJECT: Amendment to Auditing Services Contract BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-1300-532000-100 Accounting & Auditing PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the second amendment to Contract No. C06-08-570 with Berger, Toombs, Elam, Gaines & Frank, PL, to include the audit for the year ending September 30, 2010, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( X ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures U Budget Analyst ( ) Dan McIntyre Originating Dept. ( X) ik-�1111> Melissa Simberlund Other ( ) Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: May 11, 2010 SUBJECT: Amendment to Auditing Services Contract ITEM NO. VI-H2 Background: The contract with Berger, Toombs, Elam, Gaines & Frank, PL to provide auditing services on the County's general-purpose financial statements for the Board of County Commissioners and Constitutional Officers, expired with the completion of the FY 2007/2008 audit. The contract allows for three additional year-end audit options as approved by both parties. On May 12, 2009, the first extension was approved. The audit firm has agreed to lower their maximum fee by $15,000 which is the same as the FY 2006/2007 rate of $265,000. The Constitutional Officers do not object to amending the contract to include the completion of FY 2009/2010 audit. Previous Action June 27, 2006 — Board established the Auditor Selection Committee, appointed the Management & Budget Director as the Board designee and granted permission to advertise the RFP August 22, 2006 — Award of auditing services contract May 12, 2009 - First amendment extending contract through completion of FY 2008-2009 audit Recommendation Board approval of the second amendment to Contract No. C06-08-570 with Berger, Toombs, Elam, Gaines & Frank, PL, to include the audit for the year ending September 30, 2010, and authorization for the Chairman to sign documents as approved by the County Attorney. ITEM NO. VI -I TifanipoirEa�ion �iannin9 �r�anizalion ST. LUCIE URBAN AREA TO: SUBMITTED BY: SUBJECT: BACKGROUND: DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS St. Lucie TPO Resolution 10-145, Budget Amendment 05/11/10 PUBLIC HEARING ( ) LEG. l ) QUASI -JD ( ) CONSENT ( X ) PR SENT D BY: Peter r Buchwald, Executive Director The St. Lucie Transportation Planning Organization has been granted a fourth partial authorization of planning funds in the amount of $33,406. These funds were budgeted in the second year of the Unified Planning Work Program (UPWP) covering July 1, 2009 through June 30, 2010. FUNDS AVAILABLE: #001188-1540-531000-100 — pending BOCC approval. PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Budget Resolution 10-145 in the amount of $33,406. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( X ) OMB Director ,t Budget Analyst ather Young Originating Dept. ( X ) Y r� Purchasing Peter Buchwald (X) Ak4- ouin TaWonna Johnson (X) _�,A Q: Desiree Cimino 11 AN Traniportati St. Lucie TPO planning) Qryani:atio ST. LUCIE URBAN AR MEMORANDUM TO: Board of County Commissioners FROM: Peter Buchwald DATE: 5/11/2010 SUBJECT: Resolution 10-145, Budget Amendment ITEM NO. VI-1 Background: The St. Lucie Transportation Planning Organization has been granted a fourth partial authorization of planning funds in the amount of $33,406. These funds were budgeted in the second year of the Unified Planning Work Program (UPWP) covering July 1, 2009 through June 30, 2010. Previous Action: N/A Recommendation: Board approval of Budget Resolution 10-145 in the amount of $33,406. i� - Florida Department of Transportation CHARLIE CRIST 3400 West Commercial Boulevard GOVERNOR Fort Lauderdale, FL 33309-3421 April 21, 2010 The Honorable Darrel Drummond, Chairperson St. Lucie Transportation Planning Organization 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Commissioner Drummond: ST LUCIE TPO MR26,alo RECEIVED STEPHANIE C. KOPELOUSOS SECRETARY SUBJECT: St. Lucie Transportation Planning Organization (TPO) FY 2008/09 — FY 2009/10 Unified Planning Work Program (UPWP) FM No. 416351-1-14-01; Contract No. A5115; F.A. Program No. PL-0311(46) The St. Lucie TPO is authorized to expend up to an additional $33,406 of Federal Metropolitan Planning (PL) funds for its UPWP covering the July 1, 2009, through June 30, 2010, period. This is the fourth partial authorization of PL funds budgeted in the second year of the UPWP. The Department will provide the MPO with a Modification Letter(s) increasing the State's commitment to the remaining amount of PL funds budgeted for FY 2009/10 after the State's FY 2009/10 apportionment of PL funds is provided by the Federal Highway Administration (FHWA). This authorization is subject to: ■ Provision of the required matching amounts by the TPO and the State ■ Compliance with any conditions placed on individual UPWP tasks ■ Provision of all required documentation with requisitions. Please contact Arlene Tanis at 954-777-4651 if you have questions or need additional information. GO:art Attachment cc: Peter Buchwald, St. Lucie TPO Tamara Christion, FHWA Yvonne Arens, FDOT Iman Ameen, FDOT Nancy Ziegler, FDOT Jeff Weidner, FDOT Antonette Adams, FDOT Nikye Joseph, FDOT Sincerely, Ge O'Reilly, P.E. Director of Transportation Development District Four www.dot.state.ftus ® RECYCLED PAPER RESOLUTION NO. 10-145 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation for the Federal Metropolitan Planning (PL) Funds for an additional amount of $33,406, this is the fourth partial authorization of PL funds. 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 111h day of May, 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 001188-1540-331130-100 APPROPRIATIONS 001188-1540-531000-100 Federal Highway Administration Professional Services After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chairman Commissioner Doug Coward, Vice Chairman Commissioner Chris Craft Commissioner Chris Dzadovsky Commissioner Paula Lewis PASSED AND DULY ADOPTED THIS 11th DAY OF MAY 2010. ATTEST: $33,406 $33,406 I BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ITEM NO. VI-J1 DATE: 05/11 /2010 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Ron Roberts SUBMITTED BY: Solid Waste Department Assistant Solid Waste Director SUBJECT: Amendment to Contract for the Transportation and Disposal of St. Lucie County Landfill Leachate BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 401-3410-534000-300 Other Contractual Services PREVIOUS ACTION: July 14, 2009 — Board approved award of contract April 27, 2010 — Board approved amendment extending the term of the contract RECOMMENDATION: Board approval of the second amendment to Contract No. C09-07-260 with Aqua Clean Environmental Co., Inc. correcting the contract payment paragraph language to include "Per Fiscal Year", and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: �4) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) OMB Director ..d Budget Analyst Daniel S. McIntyre Originating Dept. ( ) (Name) Purchasing (X) mane uoum TaVknna Johnson (X ,-- X ' ) �L Melissa Simberlund 4 Solid Waste MEMORANDUM TO: Board of County Commissioners FROM: Ron Roberts, Assistant Solid Waste Director DATE: May 11, 2010 SUBJECT: Amendment to Contract for the Transportation and Disposal of St. Lucie County Landfill Leachate ITEM NO. VI-J 1 Background: In 2009, the County entered into a contract with Aqua Clean Environmental Co., Inc., located in Lakeland for the pumping, loading, transportation and disposal of leachate from the St. Lucie County Baling & Recycling Facility. Aqua Clean is located in Lakeland and is an FDEP permitted treatment facility. Aqua Clean was the lowest responsive, responsible bidder for St. Lucie County Bid No. 09-048. On April 27, 2010 the Board approved extending this contract through July 13, 2011. This amendment is to correct the contract payment paragraph language to include "Per Fiscal Year". Recommendation: Board approval of the second amendment to Contract No. C09-07-260 with Aqua Clean Environmental Co., Inc. correcting the contract payment paragraph language to included "Per Fiscal Year", and authorization for the Chairman to sign documents as approved by the County Attorney. RR:dls Attachment A — Second Amendment to Contract No. C09-07-260 W Attachment A C09-07-260 SECOND AMENDMENT TO JULY 14, 2009 CONTRACT BETWEEN ST. LUCIE COUNTY AND AQUA CLEAN ENVIRONMENTAL CO., INC. 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 AQUA CLEAN ENVIRONMENTAL CO., INC. or his, its or their successors, executors, administrators, and assigns (the "Contractor"). WHEREAS, on July 14, 2009 the parties entered into a contract to pump, load, transport, and dispose of St. Lucie County Landfill leachate at a DEP permitted facility on an as needed basis; and, WHEREAS, on April 27, 2010, the parties executed the first amendment to the Contract exercising the first one-year renewal option extending the contract through July 13, 2011. WHEREAS, the parties desire to further amend the Contract to correct the contract payment paragraph language to include " Per Fiscal Year" . NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1 . Paragraph 6. CONTRACT PAY MENT shall be amended to read as follows: 6. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and completion of the project in accordance with the Contract Documents, subject to adjustment by change order, the total amount in current funds being: NOT TO EXCEED $1,834,000.00 (one million eight hundred thirty-four thousand and 00/100 dollars) PER FISCAL YEAR and billed at a rate of $130.00 (one hundred thirty and 00/100 dollars) per 1000 gallons pumped (or $.13 per gallon) The County shall pay the Contractor through payments issued by the County Finance Department in accordance with the Florida Prompt Payment Act of the Florida Statutes, Chapter 218.70, upon receipt of the certified invoice from the County Project Manager. The parties agree, however, that 110 C09-07-260 any payments withheld as liquidated damages or for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. 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: 2 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY AQUA CLEAN ENVIRONMENTAL CO., INC. BY: Print Name: Title: ITEM NO. VI-J2 DATE: 5/11/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Ron Roberts SUBMITTED BY: Solid Waste Department Assistant Solid,F1'(/aste Director SUBJECT: Operation and maintenance services for Landfill Gas Processing Equipment. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 401-3410-546000-300 Equipment Maintenance PREVIOUS ACTION: September 8, 2009 - Board approved Contract with CPL May 8, 2007 - Board approved Contract with CPL November 1, 2005 - Initial Contract approved with CPL RECOMMENDATION: Board approval of the contract with CPL Systems, Inc. for a monthly fixed fee of $7,200 and authorization for Chairman to sign the contract as approved by the County Attorney. COMMISSION ACTION: (7 j APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X } OMB Director Budget Analyst Daniel S. McIntyre Originating Dept. ( ) (Name) Purchasing (X)� arie Gouin TalWonna Johnson (X ) 6 Melissa Simberlund Solid Waste MEMORANDUM ------------ TO: Board of County Commissioners FROM: Ron Roberts, Assistant Solid Waste Director DATE: May 11, 2010 SUBJECT: Operation and maintenance services for Landfill Gas Processing Equipment. ITEM NO. VI-J2 Background: The existing contract with Tropicana for the sale of landfill gas states that all of the operation and maintenance costs for the landfill gas processing equipment will be shared equally ($3,600 each) with Tropicana. The contract price will remain the same as the previous year for the operation and routine maintenance of the gas compression skid. The term of this contract is 1 year with an optional 1 year extension. CPL Systems, Inc. (CPL) is a sole source due to the proprietary information contained in the software used to maintain the gas system. The County Attorney has reviewed and approved the proposed contract. Tropicana is in agreement with renewing the contract with CPL. Recommendation: Board approval of the contract with CPL Systems, Inc. for a monthly fixed fee of $7,200 and authorization for the Chairman to sign the contract as approved by the County Attorney. RR:dls Attachment A — Justification for Sole Source Procurement Form Attachment B — CPL Operations and Maintenance Contract Attachment A n CO(;i ITS J JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Operation and maintenance services on the landfill gas compression skid and programmable logic controller. As sole source procurement from (Name of Company): CPL Systems, Inc. Contact Name: !Kevin Sellers, O & M Coordinator Phone: 1337-269-4699 The basis for this sole source determination and the reason no other vendor is suitable is: As per Section 5.5(a); items 2 and 4 of the Purchasing Manual, CPL Systems, Inc. is a sole source vendor for the maintenance service on the landfill gas processing equipment. The software that operates this equipment was written and developed by CPL, no other software or controls companies have rights to view, modify or copy the software programs. is Department/Division Requested By (Print Name) uthorized Signature Date Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department. 5. Attach proposal from vendor with pricing. Approved (V Disapproved Manage nt & Budget Director Date _Z44Lo "—f �11'3-0- kc Coun y Administrator date G:FORMS\\SOLE SOURCEWNT SOLID WASTE DEPARTMENT MEMORANDUM 10-012 TO: Marie Gouin, Management and Budget Director FROM: Ron Roberts ti . Assistant Solid Waste Director DATE: April 20, 2010 RE: Sole Source — CPL Systems, Inc. As per Section 5.5 (a); items 2 and 4 of the Purchasing Manual, CPL Systems, Inc. is a sole source vendor for the maintenance service on the landfill gas processing equipment. CPL Systems, Inc. designed and installed the landfill gas processing system and performs the numerous daily operational checks. They maintain the reports and logs required by Florida Department of Environmental Protection as per our Title V permit. Additionally, they maintain the billing information utilized for the sale of landfill gas to Tropicana. The PLC Ladder Logic operating software used to maintain the system is proprietary information owned by CPL Systems, Inc. The system cannot run without the proprietary PLC Ladder Logic operating software. Thank you. Fa-Hol • 2 of 3 4- CPL Optimizing the Utilization of Resources Sole Source Contracting The LFG compressor station, located at the St Lucie County Solid Waste Bailing and Recycling Facility at 6120 Glades Cut Off Rd, Ft Pierce, FL, and operated by CPL Systems, Inc., of Lafayette, LA, contains software which was written and developed by CPL Systems, Inc. on a third party software platform. All rights and privileges of proprietary software is explicitly expected and no other software or controls companies have rights to view, modify, or copy the software programs which are used to operate this facility, thus allowing CPL Systems, Inc. the rights to sole source contracting with the county of St Lucie, FL. CPL Systems, Inc. PO'Box ,60160 •Lafayette, LA 70596-0160 Phone: 337-269-4699 • Fax: 337-269-08S3 • www.cpl-systems.com 3 of 3 CPL Systems, Inc. Proprietary Information Attachment B Tropicana/St. Lucie County Solid Waste LFGTE Pro*ect Operations and Maintenance Contract w/St Lucie County Solid Waste "Term Sheet" (rev. April 20, 2010) Term Sheet Structure Assumptions St. Lucie County Solid Waste (St. Lucie) desires to contract with CPL Systems, Inc. (CPL) to perform Operations and Maintenance Services (O&M) on the Landfill Gas Processing Equipment (LFGPE) currently installed and operational at St. Lucie. In return for CPL providing the requested services, St. Lucie shall pay CPL a minimum fixed fee to perform operations and maintenance of the Landfill Gas Processing Equipment (LFGPE) installed at St. Lucie. In addition, when the monthly volume of Landfill Gas (LFG) exceeds a minimum quantity of 15,000 MMBTU/month, St. Lucie will pay CPL a monthly incentive fee for any additional volume of gas above 15,000 MMBTU/month that is processed and/or delivered to Tropicana in a given month. The specific terms and conditions associated with this term sheet are defined below: The following Terms & Conditions define a set of parameters under which: l.) CPL shall use commercially reasonable efforts to operate and maintain the LFGPE installed at St. Lucie to process and compress LFG for delivery to Tropicana's Ft Pierce Facility (Tropicana). 2.) St. Lucie shall use commercially reasonable efforts to maximize the volume of available gas to be processed by the LFGPE and delivered to Tropicana. Specific Terms & Conditions: 1.) Operations and Maintenance (O&M) Contract — CPL and St. Lucie will work together, on a good faith basis, to execute a 1-year contract based substantially on the terms and conditions defined in this term sheet to be effective June 1, 2010. An option to verbally extend the contract, wholly as outlined below, for a period of one year, will be reserved. The verbal extension must be accepted by both parties involved and documented. 2.) Purchase Order (PO) — Once an O&M Contract has been executed, St. Lucie shall provide CPL with a Purchase Order (PO) for the contract period. 3.) CPL Commitment to Provide O&M Services — St. Lucie desires that CPL provide and CPL commits to provide O&M services for a one year period beginning June 1, 2010. 4.) Monthly Fixed Fee — St. Lucie shall pay CPL a Monthly Fixed Fee of $7,200 per month to process 0 to 15,000 MMBTU/month of LFG. The Monthly Fixed Fee is due and payable regardless of the actual volume of LFG St. Lucie has available to process and/or the actual volume of LFG Tropicana is able to accept and/or use. CPL Systems, Inc. Proprietary Information St- Lucie SW O&M Term Sheet 1 of 6 CPL Systems, Inc. Proprietary Information 5.) Monthly Incentive Fee — St. Lucie shall pay CPL a Monthly Incentive Fee of $0.17/MMBTU to process and/or deliver each MMBTU/month of LFG above and beyond the initial 15,000 MMBTU/month. 6.) CPL's Statement of Work (SOW) — CPL shall perform the following services in exchange for the referenced Monthly Fixed Fee and Monthly Incentive Fee: a) Typical Operations Tasks: i.) Provide 24 hour/day, seven day/week remote assessment, support and troubleshooting of the LFGPE; ii.) Acknowledge and respond to all LFGPE alarms, trips, and calls associated with the operation and performance of the LFGPE within 30 minutes (nominal) to 1 hour (maximum); iii.) Provide and distribute an Event Summary documenting the cause and corrective action associated with each alarm, trip and or call within 24 hours of the event; iv.) When required, provide and distribute a prognosis of any significant problem/issue that can not be fixed immediately and/or remotely including an estimated time to execute the required repair as well as an estimate of the cost of implementing the repair within 24 hours of the event and then notify affected parties once the repair is complete and the LFGPE is operational and back online; v.) When required, dispatch CPL technicians (or secure the services of local contractors) to arrive onsite to effect the necessary repairs within 24 hours of a decision to execute the recommended repair. St. Lucie personnel shall work with CPL, when required, to reset electrical equipment and/or support initial diagnosis of the problem or issue impacting the performance of the LFGPE at no cost to CPL; vi.) Coordinate with St. Lucie prior to significantly changing or modifying the operational parameters of the LFGPE including any decision to shutdown or start-up the LFGPE (except in emergency situations whereby the required coordination will be performed as soon as practical after changing the operational parameters of the LFGPE); vii.) Prepare and distribute a monthly LFGPE performance report documenting the volume of LFG processed and/or delivered to Tropicana; CPL Systems, Inc. Proprietary Information St. Lucie SW O&M Term Sheet 2 of 6 CPL Systems, Inc. Proprietary Information viii.) Daily Operational Responsibilities (performed onsite or remotely) include: monitoring the flow readings from the Custody Transfer Station (CTS) and distributing performance reports; observe/record the field vacuum pressure and notify St. Lucie if the reading is out of historical range; observe/record the pressure compensated 02 reading and notify St. Lucie if the reading is >3%; observe/record the chiller inlet and outlet temperatures and notify St. Lucie if the reading is out of specification, observe/record the inlet knockout fluid level and pump performance and notify St. Lucie if they are out of specification; and, observe/record all other critical set points and/or process variables jointly agreed to by St. Lucie and CPL and notify St. Lucie if any are out of specification. ix.) Weekly Operational Responsibilities (performed onsite or remotely) include: testing/verifying the flare re -ignition sequence and recording the date/time of such test. x.) Monthly Operational Responsibilities (performed onsite) include: performing a leak check on the flanges, joints and pressure vessel welds of the high Pressure components of the LFGPE; check/verify the chiller fluid levels; check/verify the oil level in the compressor; check/assess compressor for excessive vibration; and, check the LFGPE for oil leaks. xi.) Quarterly Operational Responsibilities (performed onsite) include: wash/inspect the condenser coils on the chiller skid; and, calibrate the 02 sensor at the skid. xii.) Semiannual Operational Responsibilities (performed onsite) include: inspect/change the oil on the compressor skid; perform a complete system calibration on the compressor skid and the flare and record appropriate data; test all interlocks on the compressor skid and the flare; check/record the specific gravity of the chiller fluid; and, calibrate the custody transfer station and record appropriate data. xiii.) Annual Operational Responsibilities (performed onsite) include: test the pressure relief devices on the compressor skid; and, touch up paint on equipment. b) Typical Maintenance Tasks: i.) Establish an electronic maintenance log book and document the date, time and scope of all maintenance and/or repairs made to the LFGPE: CPL Systems, Inc. Proprietary Information St. Lucie SW O&M Tenn Sheet 3 of 6 CPL Systems, Inc. Proprietary Information ii.) Coordinate with St. Lucie prior to executing any planned or unplanned maintenance and/or repairs and notify St. Lucie once said maintenance and/or repairs are complete; iii.) Maintain all equipment in good working order and good condition on `as required' basis during monthly operational visit to the site (i.e., touch-up paint, signage, oil changes, etc.); and iv.) Develop and distribute an annual budget/forecast of critical equipment replacement expected over the next five years. c) Typical Tasks to be Separately Billed to and paid by St Lucie. Billing will be per the attached CPL 2010 Rate Sheet: i.) Fixed Monthly Fee includes one site visit per month by a CPL employee. Fee includes all expenses of said visit. Any St Lucie approved additional visits or additional man -power above and beyond what is included in the fee will be billed separately. ii.) Any detailed Engineering reports above and beyond what is included in the fee will be billed separately. iii.) Any sub -contractor's cost for work needed at the site. St Lucie's and Tropicana's approval is required prior to CPL issuing any sub -contractor a PO to perform work on behalf of St Lucie. iv.) Any outside test services and/or support requested by St Lucie and/or Tropicana (such as annual analysis of the LFG or an analysis of the used compressor oil by an approved and certified testing laboratory), and; v.) Parts and/or equipment required to replace damaged components of the LFGPE. 7.) Reimbursement for Time and Material beyond the O&M SOW — St. Lucie will reimburse CPL on a Time and Material basis, at prevailing rates in effect at the time the work is approved, for any work performed by CPL above and beyond the O&M SOW defined above. All work shall be discussed and agreed to by St. Lucie and CPL before it is executed. 8.) Payment Terms — Payment terms shall be net 30 days from date of invoice. Late payments shall accrue additional interest payable at a rate of 1.5% per month. Default/Termination Either party may terminate the Agreement without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the County shall compensate CPL for all authorized work satisfactorily performed through the termination date. CPL Systems, Inc. Proprietary Information St. Lucie SW O&M Term Sheet 4 of 6 CPL Systems, Inc. Proprietary Information Luke Conner President CPL Systems, Inc. Attachments: CPL 2010 Rate Sheet Ron Roberts Solid Waste Manager St. Lucie County Solid Waste CPL Systems, Inc. Proprietary Information St. Lucie SW O&M Term Sheet 5 of 6 T CPL 5003 St. Lucie County Rate Sheet 2010 DESCRIPTION HOURLY RATE PRINCIPAL PROCESS SPECIALIST $200.00 SENIOR ENGINEER $165.00 PROJECT MANAGER $150.00 ENGINEER $95.00 DESIGN $90.00 ASSOCIATE ENGINEER $77.00 ASSOCIATE DESIGN $77.00 ENGINEERING TECHNICIAN $72.00 ASSOCIATE TECHNICIAN $50.00 TRAVEL Straight Time OVER TIME RATE 1.5 X STRAIGHT TIME HOLIDAY RATE 2.0 X STRAIGHT TIME HOLIDAYS: NEW YEAR'S EVE - NEW YEAR'S DAY - MARDI GAS - MEMORIAL DAY - EASTER 4TH OF JULY - LABOR DAY - THANKSGIVING DAY - CHRISTMAS EVE - CHRISTMAS DAY EXPENSES BILLED AT Cost (Expenses include Airfare, Hotels, Rental Cars, etc.) PER DIEM (MEALS) $50.00 PER DAY MILEAGE $0.445 PER MILE MATERIALS, SUBCONTRACTOR, FREIGHT, & RENTAL COST X 20% TOOL RENTAL FULL CAL GEAR $350.00 PER DAY ANALYZER ONLY $200.00 PER DAY TERMS: NET 30 DAYS 4/5/201 0 6 of 6 ITEM NO. VI-K C6U�RlTY F p D A TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Planning & Development Services: St. Lucie County International Airport 05/11/10 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Todd A. Cox Airport Manager Budget Resolution No. 10-143, Florida Power & Light Utilities Relocation Reimbursement See attached memorandum. 140371-4220-563000-48006 - Infrastructure (pending BOCC approval) 140-4220-531000-4804 — Professional Services/Local Match (pending BOCC approval) April 14, 2010 - BOCC approval of Resolution No. 10-118 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement. Board approval of Budget Resolution No. 10-143 establishing the fund for the FDOT grant for the Florida Power & Light Utilities Relocation Reimbursement 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/Sicgnatures OMB Director ( ) County Attorney ( ) Budget Analyst Marie Gouin Daniel S. McIntyre Patty Marston Baat4w-*et+n9 Purchasing ( ) Originating Dept. ( ) Desiree Cimino Melissa Simberlund Mark Satterlee ERD ( ) COUNTY F L Q R I D A TO: Board of County Commissioners AIRPORT MEMORANDUM THROUGH: Mark Satterlee, AICP, Planning & Development Services Director FROM: Todd A. Cox, C.M., Airport Manager DATE: May 11, 2010 SUBJECT: Budget Resolution No. 10-143, Florida Power & Light Utilities Relocation Reimbursement ITEM NO. VI-K Background: This agenda request is for Board acceptance of the attached Budget Resolution No. 10-143 establishing the fund for the Florida Department Transportation (FDOT) grant in the amount of $5,124 with a local match of $5,124 in anticipation of receiving an FY2010 FAA grant in the amount of $195,000 reimbursing the construction costs for the Florida Power & Light (FPL) Utilities Relocation Project. The total reimbursement amount for the project will be $205,264. In August 2007, the Board accepted a Federal Aviation Administration (FAA) grant for a 95% share of $1,300,000 to cover the anticipated cost of $1,320,000 for the FPL powerline relocation. In January 2009, FPL advised that the projected construction cost for the relocation of the transmission lines increased from the estimated $1,320,000 to $1,581,489. This $261,489 increase did not include the costs for relocating the distribution lines, which resulted in an additional $75,287 being added to the project, giving a total project amount of $1,656,776. Due to FPL's requirement for advance payment, the Board approved the transfer of additional funds from the Airport West Commerce Park project in the amount of $336,776 to cover the transmission and distribution line shortfalls. Subsequently, the FAA agreed to allow the Airport to carry forward $45,000 of its FY 2009 entitlement grant and to use its FY 2010 $150,000 entitlement grant to reimburse the Airport up to 15% above the $1,300,000 original FAA grant amount, or $195,000, to go towards the repayment of the FPL powerline deficits. The project was completed on March 15, 2010 and the Airport is currently awaiting the final project invoice. Recommendation Board approval of Budget Resolution No. 10-143 establishing the fund for the FDOT grant for the Florida Power & Light Utilities Relocation Reimbursement and authorization for the Chairman to sign documents as approved by the County Attorney. ITEM NO. VII-A f - DATE: 5/11/10 iCOUNTY —A4111� • ' AGENDA REQUEST REGULAR ( ) PUBLIC HEARING (X) LEG. (X) QUASI -JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Waite, AICP SUBMITTED BY: Planning and Development Services Senior Planner Planning Division SUBJECT: Development Agreement - Airport Road Development, LLC BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: June 13, 2006 - The Board approved the Airport Park of Commerce Major Site Plan, through the adoption of Resolution 06-163. April 20, 2010 — The Board granted permission to advertise two public hearings for the Development Agreement. RECOMMENDATION: Board to hold the first public hearing and authorization to schedule the second public hearing for DVA 10-001 on June 15, 2010, as outlined in the attached memorandum. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED X OTHER Faye W. Outlaw, MPA No Action County Administrator Coordination/Signatures ' County AttorneyX) County Surveyor (X) ( Daniel S. McIntyre Ron Harris County Engineer ( X) AVP ERD (X) A Michael Powley Karen Smith Y Originating Dept. ( X) Mark Satterlee Planning Division Agenda Item Summary BOARD OF COUNTY COMMISSIONERS Hearing Date: May 11, 2010 GM File Number BCC 520081471 Applicant Airport Road Development, LLC Mason Simpson, President 1736 Ocean Drive Vero Beach, FL 32963 Property Location St. Lucie Boulevard, approxi- mately 1.5 miles east of Kings Highway. Land Use & Zoning Future Land Use: IND (Industrial) Zoning: IL (Industrial, Light) Staff Recommendation Board to hold the first public hearing and authorization to schedule the second public hearing for DVA 10-001 on June 15, 2010. Previous Action April 20, 2010—Permission to advertise granted. June 13, 2006— Major Site Plan Approval was granted. Project Staff Diana Waite, AICP Senior Planner 772-462-2822 waited@stlucieco.org GN mz Indno Rd �I r a 0 su* = 'St Lue Blv ICY ci 9iP Z 5aa an e Ave Oran a „ N Y N Development Agreement for Airport Road Development LLC Airport Park of Commerce 0 AGENDA ITEM VII-A DVA 10-001 zoning Airport Road Development, LLC (Airport Park of Commerce) DEAN N O PAN AMiaBVi) m RVP o U ETAN C TAILWND'DR x CG ._____.__.__ IL CG KIE B VD CG CG IL AIL IL soon ' ' IL IL X Subject property cc-commeran Geo RS -ReidC Eai S,r I,Fa y(4awac) N _ _ _ IL-Ind1W1I Light RVP Reae hwst Vehick Park ' ' 500 ft. notification area 'x-I'd-..al 6.t 6, a -utd— �..n �� RMHS ResMeneal Mock Home Mao gepareG March 1l, 2010 Location: St. Lucie Boulevard, approximately 1.5 miles east of Kings Highway, opposite the St. Lucie County International Airport. Project Description required for the Agreement. Airport Road Development LLC is request- Recommended Board Action ing a Development Agreement that will ex- Board to hold the first public hearing tend the expiration date of the Airport Park and authorization to schedule the of Commerce Major Site Plan and provide second public hearing for DVA 10- for amended conditions and requirements 001 on June 15, 2010. to address off -site roadway impacts. The purpose of this request is to allow an extension of time to develop a 32 lot indus- trial subdivision, known as Airport Park of Commerce. Prior to the expiration of the site plan, the applicant submitted a written request for a site plan extension. The appli- cation included an updated traffic analysis that identified deficiencies in the level of service along Kings Highway that would require improvements to the road system to comply with concurrency management requirements. The deficiencies are ad- dressed through provisions for a propor- tionate fair share payment for the required improvements. Two public hearings are Notice Requirements Public hearing notice was placed in the St. Lucie News Tribune and let- ters sent to property owners within 500 feet of the subject property. Public Input Received: No letters have been received in support or opposition of the pro- posed Development Agreement. Further details are found in the attached memorandum and staff report. COUNTY F L O R I D A Planning and Development Services Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH : Mark Satterlee, AICP, Directo� Kara Wood, Planning Manager ill FROM: Diana Waite, AICP, Senior Plannerp&Z> DATE: May 11, 2010 SUBJECT: Development Agreement - Airport Road Development, LLC ITEM NO. VII-A Background: On June 13, 2006, through Resolution No. 06-163, the Board of County Commissioners granted Major Site Plan approval for the project known as Airport Park of Commerce (Attachment A). The Airport Park of Commerce site plan provides for the subdivision of 32 industrial lots on a 37.8-acre parcel located on the south side of St. Lucie Boulevard, approximately 1.5 miles east of Kings Highway, opposite the St. Lucie County International Airport. The property has an IND (Industrial) Future Land Use designation and is zoned IL (Industrial, Light). Prior to the June 13, 2008 expiration date of the site plan, the applicant submitted a written request for a site plan extension. The developer indicated that prior to entering into a final agreement with FPUA, which required the payment of $299,028, he first wanted to obtain the requested extension to ensure the project could move forward. The site plan project did not qualify for the extension provided under SB 360 because its expiration date was outside the September 1, 2008 through December 31, 2012 timeframe. This is the first of two required public hearings for the subject Development Agreement. As required by the County's site plan extension process and the Adequate Public Facilities provisions, the applicant provided an updated traffic analysis (Attachment B). The analysis identified transportation impacts requiring a proportionate fair share payment to comply with the County's transportation concurrency requirements. To address the identified impacts to County roadways, and extend the expiration date of the site plan, the applicant requested their extension request become a Development Agreement with a five-year term. To obtain the information required to determine the project's proportionate fair share requirements, engineering determinations and plans were developed, and two appraisals of the right-of-way to be donated were conducted. This brought the item for the Board of County Commissioners consideration well past the expiration date of the original site plan. On February 1, 2010, the County's review appraiser, Fuller-Armfield -Wagner Appraiser and Research Inc., approved the value of the right-of-way donation determined by Calloway and Price, Inc. This was the final item required to complete the draft agreement for Board consideration. The proposed Development Agreement sets forth the terms and conditions for Airport Road Development, LLC to provide a specified proportionate fair share contribution towards the improvements needed to meet transportation concurrency requirements for the project. The project's proportional fair share cost of the required improvements is $272,351. A portion of this fair share May 11, 2010 Page 2 Subject: Airport Park of Commerce File No.: BCC 520081417 payment will consist of a credit value of $167,538 obtained for the dedication of a 50-foot right-of-way 0.54 acres) along the projects St. Lucie Boulevard frontage. The balance of $104,813 would be due to St. Lucie County prior to platting. The Development Agreement also includes an adjustment to the site plan to limit the lot coverage by buildings within the project to a maximum of 30% rather than the 50% allowed by code. The purpose of the reduction in lot coverage is to limit the number of trips on County roadways by the proposed development. Should the property owners wish to increase the lot coverage in the future, the applicant or subsequent lot owners will need to come back to the County to address the additional impacts of any proposed changes at that time. Since the original approval of this project, the applicant has met Condition 1 and 5 of the original resolution and obtained or provided the following items: The following required regulatory permits have been obtained: - FPFWCD Permit No. 06-001-026 was issued in January 2008. - Environmental Resource Permit from the SFWMD (Permit No. 56-02103-P) was issued on May 14, 2007. The engineering permit was issued but suspended pending the site plan extension. The applicant submitted an executed Road Improvement Agreement to the County on April 10, 2007. The proposed Development Agreement provides: • A 5 year term. • Dedication of 50 feet for St. Lucie Boulevard right-of-way along the front of the property (1.54 acres) within 60 days of the agreements effective date. • Extension of the Major Site Plan and Certificate of Capacity for 5 years (LDC Section 11.08.00 allows up to a 10 year term). • Amends the approved site plan to reduce the lot coverage to 30%. • Execution of a Landscaping Improvement Agreement. • Submittal of an annual progress report, and Conditions of approval carried over from the original resolution include: Execution of a Road Improvement Agreement for the following improvements to St. Lucie Boulevard: - Construction of left and right turn lanes at both entrances to the Project on St. Lucie Boulevard designed to accommodate heavy trucks; - Construction of five-foot bike lanes along both sides of St. Lucie Boulevard; and - Construction of a six-foot sidewalk along 1,340 feet of St. Lucie Boulevard road frontage. Buildings along St. Lucie Boulevard are required to comply with the County's Architectural Standards as set forth in Section 7.10.24 of the Land Development Code; Staff has reviewed the proposed agreement and determined that it provides the required provisions as set forth in Section 11.08.00 of the St. Lucie County Land Development Code. Recommendation Board to hold the first public hearing and authorization to schedule the second public hearing for DVA 10-001 on June 15, 2010, as outlined in the attached memorandum. MP COUNTY F L O R I D A Environmental Resources Department Companion Report TO: Board of County Commissioners �� THROUGH: Karen Smith, Environmental Resources Department Director (t FROM: Yvette Alger, Environmental Resources Department Amy Mott, Environmental Regulations Division Manager�r DATE: April 22, 2010 SUBJECT: Development Agreement — Airport Road Development, LLC Background The Environmental Resources Department (ERD) contributed revisions to the draft Development Agreement, including conditions requiring listed species surveys, federal/state permits, a revised landscape plan, detailed lot -level development plans, and landscaping/mitigation Improvement Agreements. Findings ERD findings are presented in the ERD Final Report, which has been included in the agenda packet. Recommendations ERD supports the Planning and Development Services' recommendation to authorize scheduling of the second public hearing for DVA 10-001. gnature L Environmental Resources ,COUNTYDepartment MI Final Report TO: Diana Waite, Growth Management Department THROUGH: Karen Smith, Environmental Resources Department Director FROM: Yvette Alger, Environmental Resources Department Amy Mott, Environmental Regulations Division Manager DATE: March 18, 2010 SUBJECT: Airport Park of Commerce Development Agreement Background The applicant proposes to construct a 32-lot industrial subdivision on a 37.85-acre parcel located on the south side of St. Lucie Boulevard, approximately one-half mile west of North 25th Street. The Major Site Plan was originally approved in June 2006 per Resolution No. 06-163, and was set to expire on June 13, 2008, unless a building permit was issued or an extension was granted in accordance with St. Lucie County Land Development Code (LDC) Section 11.02.06. B.3. Prior to site plan expiration, the applicant requested a site plan extension and subsequently requested the proposed Development Agreement. No conservation easement was required as part of the prior approval. The site is a former sand mine area, mostly vegetated with nuisance, non- native species, with a lake and areas of bare sand. No tree impacts are proposed during development of site infrastructure; tree mitigation within individual lots will be addressed as each lot is developed. St. Lucie County Comprehensive Plan Policy 8.1.12.5 requires listed species surveys in cases where site clearing activities are proposed within the known range of endangered or threatened species or where such species are expected to occur based upon habitat suitability and species' ranges. The subject site lies within a scrub jay habitat and associated habitat buffer as defined by the US Fish and Wildlife Service (FWS); the site is also suitable for gopher tortoises. Findings The Development Agreement includes conditions of approval requiring listed species surveys, federal/state permits, a revised landscape plan, detailed lot -level development plans, and landscaping/mitigation Improvement Agreements. With the incorporation of DVA- DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA AND AIRPORT ROAD DEVELOPMENT, LLC REGARDING AIRPORT PARK OF COMMERCE MAJOR SITE PLAN THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered as of this day of , 2010, by and between the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ("County") and AIRPORT ROAD DEVELOPMENT, LLC, a Florida limited liability company ("Developer") for the purpose of establishing and binding the development rights of the Developer for certain real property located within the unincorporated area of St. Lucie County, Florida as more particularly described in Exhibit "A", attached hereto and incorporated herein by reference (the "Property"). This Agreement is also entered into by the County and the Developer for the purpose of providing assurances to the Developer that it may proceed with the development of the Property in accordance with existing laws and policies subject to the conditions of this Agreement; and ensuring that this Agreement is in compliance with applicable provisions of Section 163.3220 through 163.3234, Florida Statutes (2009) and the St. Lucie County Comprehensive Plan ("Comp Plan"). RECITALS WHEREAS, County and Developer recognize the following: A. This Agreement is entered in accordance with the Florida Local Government Development Agreement Act, Section 163.3220-163.3242, Fla. Stat. and Section 11.08.00 (Development Agreements) of the St. Lucie County Land Development Code. B. On June 13, 2006, Developer obtained Major Site Plan approval in Resolution No. 06-163 (the "Resolution") for a 32 lot (individually "Lot", more than one or collectively "Lots") commercial subdivision known as Airport Park of Commerce (the "Project") on approximately 37.85 acres of land located at 4551 St. Lucie Boulevard, approximately 1/2 mile west of North 25t' Street in the IL (Industrial, Light) Zoning District. A copy of the Major Site Plan, as amended in the site plan drawings prepared by Culpepper & Terpening Inc. and date stamped received by the Growth Management Department on December 3, 2008, is attached hereto and incorporated herein as Exhibit "B". Developer is now applying for an extension of the Major Site Plan approval (the "Application"). C. Developer has submitted a letter of authorization to the County signed by the owner of the Property, a copy of which is attached hereto and incorporated herein as Exhibit "C" ("Agent Authorization Letter") which authorizes the Developer to pursue the Application and to enter into this Agreement. D. In connection with the Application, Developer submitted an updated traffic impact study which identifies the Project's potential traffic impacts on the intersections at Kings Highway and St. Lucie Boulevard, and Kings Highway and Angle Road. Given the Project's unique and exclusive situation of being (1) adjacent to the St. Lucie International Airport, (2) a light industrial park (nonresidential) development, (3) proposed in a time of economic challenge in which light industrial inventory properties are essential to seed economic recovery and create jobs, (4) located in an area zoned for encouraged economic development, (5) previously approved by the Resolution before the implementation of the County's proportionate fair share Ordinance No. 06-047 ("PFS Ordinance"), (6) now before the County for an extension of the approval after the PFS Ordinance was passed, (7) located on the road segment directly leading to, and within approximately a mile of, the impacted intersection at Kings Highway and St. Lucie Boulevard, (8) subject to a newly created proportionate fair share obligation of $272,351.00 to mitigate the Project's traffic impacts, the value of which far exceeds the Project's estimated maximum road impact fees of $129,045.00, and (9) subject also to a donation of an additional 50' of non -site related right-of-way to St. Lucie Boulevard along the front of the Property with a value of $167,538.00, which is also in excess of the estimated maximum road impact fees, the Developer and County have agreed to satisfy the Project's $272,351.00 proportionate fair share obligation by a combination of the $167,538.00 right-of-way donation and $104,813.00 in cash as further provided herein. E. In order to foster comprehensive and sound capital facilities planning and financing, to ensure the provision of adequate public facilities for development concurrent with the impacts of development, to encourage the efficient use of resources, to reduce the economic cost of development, and to afford certainty in the approval of development, County and Developer desire to establish by agreement the terms under which the Property may be developed. F. On , after County publishing notice as required by the County's Land Development Code ("LDC") approximately seven days prior thereto, the first public hearing was held on this Agreement. At least 15 days prior to the opening of the first hearing, County mailed notice of intent to consider this Agreement to all property owners as reflected on the current years' tax roll, lying within 500 feet of the Property as required by the LDC. G. On , County held the second public hearing on this Agreement, after publishing notice as required by the LDC, approximately seven days prior to the second hearing and after announcing at the first public hearing the day, time, and place of such second public hearing, as required by the LDC. NOW, THEREFORE, in consideration of the mutual covenants entered between the parties, and in consideration of the benefits to accrue to each, it is agreed as follows: 2 1. Accuracy of Recitals. The above recitals are true and correct. 2. Incorporation of Application Materials. The Major Site Plan approval, as amended, the Application and all submissions by Developer in support of such Application, including all traffic studies, are hereby incorporated by reference into the record of the proceeding conducted by County to review this Agreement and are hereby referred to as the "Application Materials". 3. Mandatory Provisions. a. Legal Description and Owner. An accurate legal description of the Property subject to the terms and conditions of this Agreement is described in the attached Exhibit "A". Indco, LLC, a Florida limited liability company, is the legal owner of the Property. There are no equitable owners, other than the Developer who is under contract to purchase the Property once all the development approvals have been obtained. b. Effective Date and Duration. This Agreement shall be effective on the date of its recording in the public records of St. Lucie County or 30 days after its receipt by the Florida Department of Community Affairs, whichever is later ("Effective Date"). This Agreement shall expire five (5) years after the Effective Date, unless earlier terminated as provided in Section 7 or extended as provided in Section 8. C. Uses Densities Intensities, and Height. Attached hereto and incorporated herein as Exhibit `B" is the Major Site Plan for the Airport Park of Commerce project depicting the proposed areas of development and the development uses permitted on the Property. Development of the Property shall not exceed 32 industrial/commercial lots, with the maximum lot coverage by buildings on each Lot being voluntarily restricted to 30% rather than the 50% allowed by the LDC, as reflected on the Minor Adjustment to the Major Site Plan that is included in Exhibit "B"; however, Developer or any owner of a Lot may seek adjustment of the Major Site Plan in accordance with Section 11.02.05 of the LDC without amending this Agreement so long as (1) such adjustment does not increase the projected traffic generation for the Project as identified in the applicable traffic studies submitted with the Application Materials; or (2) Developer or the owner of a Lot enters into a separate agreement with County to pay any increase in the Proportionate Fair Share, defined below, 3 attributable to any increase in the projected traffic generation for the Project that results from any increased density on any particular Lot(s). The maximum height for any commercial/industrial building shall not exceed fifty feet. d. Future Land Use Map Designation. The land use designation of the Property under the future land use element of the Comp Plan is IND (Industrial). e. Zoning. The current zoning of the Property is IL (Industrial, Light). f. Site Plan. The Major Site Plan approved on June 13, 2006 in Resolution No. 06-163 and herein amended is attached as Exhibit "B". A Minor Adjustment to Major Site Plan is hereby approved as depicted on the site plan drawings prepared by Culpepper & Terpening Inc., dated December 1, 2005, and last revised on December 1, 2008, and date stamp received by the Growth Management Department on December 3, 2008. The minor adjustment restricts the maximum building coverage from the 50% allowed by the County's Land Development Code to a maximum building coverage of 30%. g. Adequacy of Public Facilities. Adequacy of public facilities is or will be met as follows: i. Drainage: All drainage facilities within the Project have been designed and will be constructed to meet St. Lucie County and South Florida Water Management District ("SFWMD") requirements. Developer has already obtained Fort Pierce Farms Water Control District ("FPFWCD") Permit No. 06-001-026, which was issued in January, 2008, and SFWMD Permit No. 56-02103-P, which was issued on May 14, 2007. ii. Potable Water: Potable water services will be provided by the Ft. Pierce Utilities Authority ("FPUA") pursuant to a Water and Wastewater Supply Agreement (the "FPUA Agreement"). iii. Sanitary Sewer: 4 Wastewater treatment services will be provided by the FPUA pursuant to the FPUA Agreement. iv. Solid Waste: Sufficient capacity exists in the St. Lucie County Land Fill to service the demands of the Property. v. Parks: Sufficient capacity exists within all required level of service categories for the proposed number of industrial/commercial lots. vi. Mass Transit: There is no current transit route service programmed for the area where the development is located. vii. Roads: At the time of initial Major Site Plan approval, there was sufficient road capacity to serve the Property at the maximum densities and intensities approved in this Agreement, pursuant to the Developer's agreement to dedicate 50' of right-of- way along the project's boundary with St. Lucie Boulevard and to enter into a Road Improvement Agreement for the following improvements to St. Lucie Boulevard pursuant to the plans attached in the Application Materials: (a) Construction of left and right turn lanes at both entrances to the Project on St. Lucie Boulevard designed to accommodate heavy trucks; (b) Construction in the St. Lucie Boulevard right-of-way of five-foot bike lanes along both sides of St. Lucie Boulevard, for the limit of the project's frontage or the limits of construction, whichever is greater, in accordance with St. Lucie County Public Work Standards; and (c) Construction of six-foot sidewalk in the St. Lucie Boulevard right-of- way along the frontage of the Property. Additionally, the Application Materials contain an updated traffic impact study which revealed an existing failure in the level of service for the intersection at Kings Highway and Angle Road and a post -development failure in the level of service for the unsignalized intersection at Kings Highway and St. Lucie Boulevard. The updated traffic study indicates that the intersection at Kings Highway and St. Lucie Boulevard will maintain an acceptable post -development level of service under the condition that the flashing beacons are converted to operate as a fully functional signalized intersection, which FDOT has already completed. The failing condition of the intersection at Kings Highway and Angle 5 completed. The failing condition of the intersection at Kings Highway and Angle Road mandates that the Developer must mitigate the project's traffic concurrency impacts on that intersection. Additionally, the Developer will mitigate the project's traffic concurrency impacts on the intersection at Kings Highway and St. Lucie Boulevard. Developer's proportionate fair share contribution to cover the estimated project costs for the necessary improvements to the two intersections to mitigate the traffic concurrency impacts is Two Hundred Seventy -Two Thousand Three Hundred Fifty -One and No/100 Dollars ($272,351.00) ("Proportionate Fair Share"). The necessary road improvements, however, are not currently included in the County's Five-year Capital Improvements Program. Accordingly, Developer is entering into this Agreement with the County. Pursuant to Section 5.07D.1. of the County's LDC, a developer may satisfy its proportionate fair share obligation by paying private funds or contributing land, or some combination thereof. Developer has chosen to satisfy its Proportionate Fair Share by donating the additional right of way, as specified below, and by paying private funds to satisfy the remaining portion of the Proportionate Fair Share obligation. The donation of the additional right of way in partial satisfaction of the proportionate fair share obligation is permitted because of the unique circumstances described in Recital D. Accordingly, prior to the recording of the final plat associated with the subject project in the County's public records, Developer shall pay the Proportionate Fair Share reduced by the value of the right-of-way dedication specified in Section 3h. of this Agreement (Developer's total payment obligation to satisfy its Proportionate Fair Share is $104,813). Provided that Developer meets the obligations set forth in this Agreement, County agrees that at the density and intensity authorized by this Agreement (1) all mandatory public facilities needed to serve the Property will be available when needed, (2) this Agreement shall serve as a Certificate of Capacity and (3) the proposed development of the Property shall be treated as committed development for the purposes of concurrency. h. Reservation or Dedication of Land. Within 60 days after the Effective Date of this Agreement, Developer shall dedicate fifty (50) feet along its northern boundary for additional right-of-way for St. Lucie Boulevard. The dedication shall be in a form approved by the County Attorney and shall be free and clear of all encumbrances. Developer, or its successors or assigns, shall be entitled to a credit for the value of the right-of-way dedication in the amount of One Hundred Sixty Seven Thousand Five Hundred Thirty Eight and No/100 Dollars ($167,538.00), such credit to be applied against Developer's Proportionate Fair Share pursuant to Section 5.07D.1. and 6. of the County's LDC. Developer may freely assign the aforesaid credit, in whole or in part, to any successor in interest or any one or more of the ultimate owners of any one or more of the Lots. The credit for the right-of-way dedication shall run with the land and may be applied against the Developer's, or its successors' or assigns', proportionate fair share obligation whenever that obligation is due and owing. 6 Local Development Permits. The local development permits required for the development of the Property are: (1) Major Site Plan approval, which was obtained on June 13, 2006 in Resolution No. 06-163 (the "Resolution"), as amended herein. The Resolution is hereby modified to delete the requirement in condition Al(b) & Al(c) that the Developer submit sealed constructible final engineering plans to the County's Growth Management Department, since the plans have already been reviewed and approved by the County's Public Works Department. (2) Regulatory Permits — The following regulatory permits are required and have already been obtained: (a) FPFWCD Permit No. 06-001-026 was issued in January, 2008; (b) Environmental Resource Permit from the SFWMD (Permit No. 56-02103-P was issued on May 14, 2007); and (c) a Florida Department of Environmental Protection permit will be required. The need for other regulatory agency permits shall be determined based upon final development plan approval. (3) Final plat approval and recordation of said plat within the public records of St. Lucie County, Florida shall be required prior to the sale of any lots, but in no event later than five years after the Effective Date. (4) Building permits required prior to commencing building construction. (5) A St. Lucie County Vegetation Removal Permit or Exemption shall be required prior to initiation of site clearing/construction. j. Responsibility for Local Development Permits. All local development permits pursued by the Developer shall be obtained at Developer's sole cost. In the event that a required local development permit is not received for the Property, further development of the Property or the improvement for which the permit is required shall not be allowed until such time as County has reviewed the matter and determined whether or not to terminate this Agreement or to modify it in a manner consistent with the Comp Plan. k. Consistency with Comprehensive Plan. County finds that the development of the Property as proposed in this Agreement is consistent with the Comp Plan. 1. Consistency with the Land Development Code. County finds that the development of the Property as proposed in this Agreement is consistent with the LDC. in. Compliance with Other Laws. Failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve Developer of the necessity of complying with the law governing such permitting requirement, condition, term, or restriction. Any matter or thing required to be done under existing County ordinances shall not be otherwise amended, modified, or waived unless such amendment, modification or waiver is expressly provided for in this Agreement with specific reference to the code provision so amended, modified, or waived; unless Developer voluntarily agrees to comply with the amended or modified requirement; or unless County follows the procedures set forth in Section 163.3233, Fla. Stat. for applying subsequently adopted laws and policies. The project must comply with the applicable building code at the time of the application for building permits. Future modifications to the project must be consistent with the County's Land Development Code and the Board reserves the right to impose conditions and requirements as necessary to protect the health, safety and welfare of the public and citizens of St. Lucie County. 4. Environmental Resource Conditions of Approval The Property is located within a scrub jay habitat and buffer as defined by the United States Fish and Wildlife Service ("FWS"), and also contains habitat suitable for gopher tortoises. The habitat for both species has been degraded by past mining operations, however these species are known to utilize degraded habitats. County Comprehensive Plan Policy 8.1.12.5 requires surveys in cases where site clearing activities are proposed within the known range of endangered or threatened species or where such species are expected to occur based upon habitat suitability and species' ranges. Accordingly, the Environmental Resources Department ("ERD") has required, and the Developer has agreed to the following conditions of approval: (a) Prior to issuance of a Vegetation Removal Permit or Exemption, the Developer shall conduct tortoise surveys in accordance with Florida Fish and Wildlife Conservation Commission ("FWC") protocols and scrub jay surveys in accordance with FWS protocols. A report of survey methods and results shall be provided to ERD, FWS and FWC. If federal or state agency compliance requires modification to the approved development plans, the Developer will promptly modify the plans and submit to the County for review and approval as required by the LDC. The Developer will not use the County's development approval to prevent compliance with any federal or state agency requirements. (b) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall have obtained and provided the Environmental Resources Department with copies of any required federal and state permits, including but not limited to a South Florida Water Management District Permit. If federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to St. Lucie County for review and approval as required by the LDC. The 8 applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. 5. Landscaping The landscaping will be installed as depicted on the approved Major Site Plan, as amended. The Developer acknowledges that all landscaping must be completed in accordance with the applicable provisions of LDC Section 7.09.00. (a) Prior to obtaining a Vegetation Removal Permit or Exemption for each lot, a detailed Development Plan, Tree Mitigation Plan, Landscape Plan, and associated Improvement Agreement shall be submitted to determine compliance with LDC Sections 6.00.05 and 7.09.00. Detailed development plans may include a site plan or building plan for the area proposed for vegetation removal, as required by the LDC. Tree mitigation for all native trees proposed to be removed on the development parcel shall be included and must be approved by the Environmental Resources Department prior to issuance of the Vegetation Removal Permit or Exemption. (b) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall finalize an Improvement Agreement acceptable to the Environmental Resources Department (ERD) covering the cost to purchase and install all required landscaping, irrigation, tree mitigation, tree relocation, and related improvements shown in the approved Landscape Plan. A copy of this agreement can be obtained by visiting the St. Lucie County ERD website at: http://www.stlucieco.org/erd/index.htm. . (c) Prior to issuance of a Vegetation Removal Permit or Exemption, the Developer shall amend the Landscape Plan to include upland buffer plantings per LDC Section 6.02.03(F). 6. Authorization to Develop Property/Extension of Major Site Plan Approval Developer, or its successors or assigns, may proceed to develop the Property for no more than 32 commercial/industrial lots and the construction on those lots of commercial/industrial buildings restricted to 30% building lot coverage on each lot, provided such development is in compliance with all other applicable development standards specified in the LDC. Upon the submission of plans meeting technical building code requirements and payment of applicable fees, Developer shall receive any and all applicable permits authorized under the Major Site Plan approval and this Agreement. Notwithstanding the provisions of Chapter XI, Section 11.02.06B.2. of the LDC, the Major Site Plan approval granted in Resolution No. 06-163 on June 13, 2006 as amended herein is hereby extended beyond its initial expiration date of June 13, 2008, for a period of five (5) years from the Effective Date of this Agreement. 7. Impact Fees No building permit shall be issued for development of the Property unless and until any and all impact fees required under then applicable ordinances have been paid by Developer or its assigns 9 for such improvement or applicable credits applied in lieu of payment, with such payment or application of credit to occur at the time the building permit is issued. Nothing in this Agreement shall constitute a waiver by the Developer of its right to apply for road impact fee credits which may be applicable pursuant to the County Code of Ordinances. Developer, or its successors or assigns, shall be entitled to a credit against future road impact fees, as such fees may become due over time, in the amount of the Proportionate Fair Share, but in no event shall the County owe to Developer a refund of any excess of the Proportionate Fair Share amount over any road impact fees due. Developer may freely assign the aforesaid credits, in whole or in part, to any successor in interest or any one or more of the ultimate owners of any one or more of the Lots. The Developer's rights in connection with the impact fee credits specified in this paragraph shall survive the termination of this Agreement. 8. Amendment, Cancellation, Termination. a. Amendment and Cancellation This Agreement may be amended or canceled by mutual consent of the parties. Prior to amending this Agreement, County shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. b. Termination Notwithstanding any other provision of this Agreement, Developer may, at any time through the effective period of this Agreement, and at Developer's sole option, terminate this Agreement. In the event of the termination of this Agreement then the authorization to develop as set forth in Section 4 of this Agreement shall be forfeited, the Certificate of Capacity shall no longer be valid, and any further application for development approval of the Property shall be subject to all applicable standards and regulations in effect at the time the application is filed. This provision shall not affect the right of the County to revoke the Agreement as set out in Paragraphs 10 and 15.B of the Agreement and Sections 11.08.08 and 11.08.09 of the LDC. 9. Term. The term of this Agreement shall be five (5) years from its Effective Date unless earlier terminated as provided in Section 7. This Agreement may be extended by mutual consent of County and the Owner, subject to public hearing in accordance with Section 11.08.02 of the LDC. The term of any one (1) extension shall not exceed five (5) years. 10. Recording Submission to the Florida Department of Community Affairs. Within 14 days after County enters into this Agreement, the Clerk of the County shall record the Agreement in the Public Records of St. Lucie County. A copy of the recorded Agreement shall be submitted to the Florida Department of Community Affairs within 14 days after the Agreement is recorded. If this Agreement is amended, canceled, modified, extended, or revoked, the Clerk shall have notice of such action recorded in the public m records and such recorded notice shall be submitted to the Florida Department of Community Affairs. 11. Annual Review. In accordance with Section 11.08.08 of the LDC, County's Growth Management Director shall review the development that is subject to this Agreement every 12 months, commencing 12 months after the Effective Date of this Agreement. The purpose of this review shall be to determine whether Developer is in good faith compliance with the terms of this Agreement. County shall begin the review process by giving notice, a minimum of 30 days prior to the anniversary date for the Effective Date of this Agreement, to Developer of its intention to undertake the annual review of this Agreement and of the necessity for the Developer to provide the following: a. An identification of any changes in the plan of development as contained in the Major Site Plan, or in any phasing for the reporting year and for the next year. b. If the Major Site Plan provided for phasing, a summary comparison of development activity proposed and actually conducted for the year. C. Identification of undeveloped tracts of land that have been sold to a separate entity or developer. d. An assessment of the Developer's compliance with each condition of approval set forth in this Agreement. e. Identification of significant local, state and federal permits which have been obtained or which are pending by an agency, type of permit, permit number and purpose of each. Any information required of the Developer during an annual review shall be limited to that necessary to determine the extent to which the Developer is proceeding in good faith to comply with the terms of this Agreement. For each annual review conducted during years 6 through 10 of this Agreement, if applicable, the County shall prepare a written report in accordance with rules promulgated by the State land planning agency. The report shall be submitted to the parties to the Agreement and the State land planning agency. If the County finds on the basis of substantial competent evidence that there has been a failure to comply with the terms of the Agreement, the County, after giving Developer written notice of the alleged non-compliance and a reasonable opportunity to cure same, may revoke or modify the terms of this Agreement. 12. Notices. The parties designate the following persons as representatives to be contacted and to receive all notices regarding this Agreement: For County: County Administrator St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 with a copy to: County Attorney St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 For Developer: Airport Road Development, LLC Attention: Mason Simpson, President 1736 Ocean Drive Vero Beach, Fl 32963 with copies to: Philippe Jeck, Esq. Jeck, Harris, Raynor & Jones, P.A. 790 Juno Ocean Walk, Suite 600 Juno Beach, FL 33408-1121 13. Successors and Assigns. This Agreement shall be binding upon the parties and their successors and assigns. In the event of assignment of this Agreement, the Developer shall provide notice to: St. Lucie County Administrator 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 St. Lucie County Attorney 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 14. Severability. The invalidity of any provisions hereof shall in no way effect or invalidate the remainder of this Agreement. 15 Home Rule Agreement. If any portion of this 163 Agreement for any reason is held or declared to be voided, the Agreement shall be determined to be a home rule developer agreement. 16. Miscellaneous Provisions. 12 A. Involuntary Revocation of Development Agreement. The Board may revoke this Agreement if the Board determines through its annual review of this Agreement that the terms and conditions of this Agreement, including all amendments or extensions thereto, have not been complied with. Prior to any revocation of this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. At the public hearing(s), the Developer shall be given an opportunity to rebut the determination that the requirements of this Agreement, or any amendments thereto, have not been complied with. If the Board determines that revocation of this Agreement is not necessary, the Board may amend the terms of this Agreement to provide for any reasonable condition necessary to assure compliance with the requirements of this Agreement, and any extensions or amendments thereto. Either party or any aggrieved or adversely affected person may file an action for injunctive relief in the Circuit Court for St. Lucie County to appeal the revocation or amendment of this Agreement. The provisions of this paragraph requiring Board approval of any change in the Site Plan shall survive the revocation of the Agreement. B. Effect of Contrary State or Federal Laws. In the event that any state or federal law is enacted after the execution of this Agreement that is applicable to and precludes the parties from complying with the terms of this Agreement, then this Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal law. Prior to modifying or revoking this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. C. Enforcement. The Developer, County, any aggrieved or adversely affected person, or the state land planning agency may file an action for injunctive relief in the Circuit Court for St. Lucie County to enforce the terms of this Agreement or to challenge compliance of this Agreement with the provisions of the Act or Section 11.08.00 of the LDC. In the event the Board or the Developer is required to seek enforcement of the provisions of this Agreement, the prevailing party shall be entitled to recover from the other party all costs of such action, including reasonable attorney's fees. D. Headings. The headings contained in this Agreement are for convenience of reference only and do not limit or otherwise affect in any way the meaning or interpretation of this Agreement. E. Pronouns. In this Agreement, the use of any gender shall be deemed to include all genders, and the use of the singular shall include the plural, wherever it appears appropriate from the context. F. Waivers. The failure or delay of any party at any time to require performance by another party of any provision of this Agreement, even if known, will not affect the right of that party to require performance of that provision or to exercise any right, power or remedy, and any waiver by any party of any breach of any provision of this Agreement shall not be construed as a waiver of any continuing or succeeding breach of provisions, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any party in this case will, of itself, entitle a party to any other or further notice or demand in similar or other circumstances, unless otherwise specified in the Agreement. 13 G. Assignment. This Agreement may be assigned by Developer to its legal representatives and successors -in -interest or assigns, provided that impact fee credits are limited to the property described in Exhibit A. H. Binding Effect. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns; provided, however, Developer shall have no obligations, duties, responsibilities, or liability under this Agreement if Developer's Project is not approved by County, or if the Project is approved, the Developer requests the County to rescind the resolution approving the Project and the County rescinds the resolution. Such rescission shall not be unreasonably withheld. I. Governing Law; Venue. This Agreement 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 exclusively 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. J. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. K. Construction. This Agreement shall be construed as the joint and equal work product of the parties and shall not be construed more or less favorably on account of its preparation. L. Entire Agreement. This Agreement constitutes the entire Agreement between the parties relating to the subject matter hereof and supersedes all prior agreements or understandings made in connection with the subject matter. The Development Orders, Development Permits, Certificate of Capacity and conditions thereon pertaining to the Property are lawful government actions, and shall not be construed as agreements. No modification or amendment of this Agreement shall be binding upon the parties unless the same is in writing and signed by the party to be bound. [Rest of page intentionally left blank — signature page follows] 14 IN WITNESS WHEREOF, the parties hereto have caused the execution of this Agreement by their duly authorized officials as of the day and year first above -written. Signed, sealed, and delivered in the presence of: Print Name Print Name STATE OF FLORIDA COUNTY OF Airport Road Development, LLC, a Florida limited liability company R. Mason Simpson, President The forgoing instrument was acknowledged before this _ day of 2010, by R. Mason Simpson, as President of Airport Road Development, LLC, a Florida limited liability company, who is personally known to me or has produced identification. Notary Public, State of Florida Print Name My Commission Expires: For the purposes of demonstrating consent to this Development Agreement, but not as a party to the obligations under this Development Agreement. Signed, sealed, and delivered in the presence of: Print Name Print Name 15 Indco, LLC, a Florida limited liability company By TBH, LLC, its Managing Member By: Its: STATE OF FLORIDA COUNTY OF The forgoing instrument was acknowledged before this _ day of , 2010, by R. Mason Simpson, as President of Indco, LLC, a Florida limited liability company, who is personally known to me or has produced identification. Notary Public, State of Florida Print Name My Commission Expires: 16 BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA Print Name Chairman APPROVED AS TO FORM AND CORRECTNESS Print Name WE STATE OF FLORIDA COUNTY OF ST. LUCIE County Attorney The forgoing instrument was acknowledged before this _ day of 2010, by , as Chairman of the St. Lucie County Board of County Commissioners, who is personally known to me or has produced identification. Notary Public, State of Florida Print Name My Commission Expires: 17 EXHIBIT "A" LEGAL DESCRIPTION OF AIRPORT PARK OF COMMERCE PROPERTY THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST, LESS THE NORTH 98 FEET LYING IN ST. LUCIE COUNTY, FLORIDA. 18 EXHIBIT "B" AIRPORT PARK OF COMMERCE MAJOR SITE PLAN I I I II I S Ohs I - I CO a Q m ° " NL- !a I• €gam h, I �' �� �e - €'� - - IH 5^ r s �i�, '' �� $lil i €I ���� �-� l Y W e: m g ° G o0 I j a .II (.�-$I •�g3 © ^gill C"' ' 1 _ e_ _ ____ r______, --- I �II W V I'= IRE SIB �Yy 'RI i :EI �i - b x• `I `I II 'ice c E•i __ /)\ b e uFi+YM III eg Ae'M NYJIa3ftY E,. � N\ � � hall zrl @. I'r I +�ri ` a,4 � i m 31 �i�l $ I -III `%1 -�1„. i.•I a m Ivoa allowwva I c i � 8 �� i �' Y 3gI 5 ` � g i;3; 4`•.i`_ ICI - min - m y� d33 gs a' I ggP i i�FSEE � 'Ioolololo °lo o�000 � � O f'li 8 i U III—LL a -I ai'«"� �EeW age 8 F OI cL'�N1� ��77���� � 8 yyg¢528 is S I ml _ a 6bJAA UK a � _ I I � <GG � <pCCCCCCpp Rqq pp � _ � m I la € _�- i a�aE� �ix� II Om cy $E °II a 8 v §c3EmEF N� EE " aXy o m m "ggg affi a 09>21/2008 12:07 15c17 74113 ,7ECK HARRIS RAYNOR & PArE 16%16 INDCO, LLC August 21, 2008 St, Lucig County c/o &OWth Management Department 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Re: actter Of authorization for Developer to enter into Developmunt Agreement Dcar St. Lucid County personnel: Jndco, LLC, a Florida iitnitcd liability company ("Owner"), own:; the 37.85 acres of land located at 4551 St. Lucie Boulevard ("Property"), tin which Airport Road Develol+ment, LLC, a Florida limited liability company ("oeveloper"), hus obtained Ma,ior Site Plan approval for a 32 lot commercial subdivision known as Airport Park of Commerce. Developer is now seeking an extenginn of the Major Site Flan approval. In connection with the requested extension, Developer is seeking to enter into a DCVC1oprnent A9 ccmcnt with St. Lucie County ("County") in order to establish the terms under which the Nopert�, Tray be developed. Owner hereby authorizes Developer, through its attorneys (the law film of Jeek, Harris, Raynor & Jones, P.A.), to submit the proposed Development .Agreement ("Agreement"), to enter into discussions and or negotiations with St. Lucie County to finalize thin Ageement, to execute the Agreement thereby binding the Developer and fhc County to develop the Property in accordance with the terms of the Agreement, and to do all further acts necessary to finalize tiro .Vicemcnt. TNDCO, LLC, a Florida limited liability company By: R. Mason impson, President Td Wd8S:Z0 80o-e= TZ '*nu Lr'hb 956 O-S THDWE-36 N'39dW]S: World BCC-520081471 Future Land Use Airport Road Development, LLC w DEANNA_CN z o U) PAN AMIBLVD o' Mp LN p � T/U COAY � Y � �_ TAILWIND DR MARGARETANNLN = M a' �'• ST-LUCIE BLVD COM O 500 ft. ■ ■ ■ o a ■ a ■ ■ ; CENTER RD IND FPFWMD CANAL I;VONNE;DR c~n U I IRU I�Z�o gUii Ln MIANZASAVE z F7U 11 [4z U v COM - Commercial Subject parcel IND - Industrial N �-'/ .® MXD - Mixed Use Development ■ ' S00 ft. notification area RU - Residential Urban (5 du/ac) �■ ■ ■ ■ t T/U -Transportation/Utilities Map prepared December 2, 2008 - I , Lam" I ' .I O (� • , � � a �, � C� ��R,.f .;1.1 t"� '. =' i y � 1 I 1 -`y '� + a, #y^♦Jy� : T"+�Itl��•]yY�/) . .. � _ — —__ � - Y Y .V'GCY �Y^ ��.:c k ` • f I� i Ct Ba+,h I #--�„�, � .. lti �. _. r >� _ ' ., O ♦ ,{ ^+tea - I v Deanna Givens From: Chris Newman Sent: Tuesday, March 16, 2010 3:10 PM To: Deanna Givens Subject: RE: Bankruptcy and foreclosures No bankruptcy or foreclosure From: Deanna Givens Sent: Tuesday, March 16, 2010 2:40 PM To: Chris Newman Subject: Bankruptcy and foreclosures Can you please check if this property has any bankruptcy and foreclosures Parcel # 143112000000006 Thank you Deana Givens Planning Technician Growth Management (:ivensV(i-�,stlacieco.orL,, 772-462-6426 ?;ease ?vote: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. it is the policy of St. Lucie County that all County records shall be open for personal inspection. examination and or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication, if you received this email in error. please notify the sender by reply e-mail and delete all materials from all computers. -Tease Rote: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection. examination and or copying. Your e-mat! communications evill be subject to public disclosure unless an exemption applies to the communication. If you received this en pail in error, please notify the sender by reply e-mail and delete all materials from all computers. Attachment A All applications for Site Pion approval must be completed and filed with the department before 4:30 PM each business day to meet applicable fling deadlines. For an application submission to be determined complete, all required materials must be present at the time of submission. Project Information Location/Site Address 4551 St. Lucie Blvd. Site Plan Name Airport Park of Commerce 1431-120-0000-000-6 Property Tax ID Number Legal Description (attach extra sheets if necessary) Please refer to Exhibit "'A" attached. Section Township P 34 South Range 40 East Parcel Size Acres 37 85 Square Footage 1,648,746 s .ft. Zoning District IL Land Use IND Classification 32 - lot commercial subdivision situated on 37,85 acres of land. Please refer to Description of Project Exhibit "B" for justification of the extension request. ( J Residential Number of Residential Units/Subdivided Lots ( J Commercial Total Square Footage Type of Construction (Check all appropriate boxes) [ J Industrial Total Square Footage ( X J Please specify 32 - lot commercial subdivision Number and size of N/A outparcels (if applicable) -J 0 ... C bll! c Revised April 24, 2007' SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of site plan 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. ACKNOWLEDGMENTS Applicant Information (Property Developer) Name: Airport Road Development, LLC Address: 1736 Ocean Drive Vero Beach, FL 32963 Phone. 772-231-3131 Property Owner Information Fax: 772-231-9229 Agent Information Name: Please refer to Exhibit "C" attached Address: Phone: Fax: This application will not be considered complete without the notarized signature of all urooerty owners of record. which shall serve as an acknowledgment of the submission of this application for site plan approval. The property owner's signature below shall also serve as authorization for the above appl' ant o nt tQ act on behalf of said property owner. I�CS,v1 �s p i1,/ , P%��t Indco, LLC Property Owner S' na ure Property Owner Name (Please Print) ;Mailing Address: 1736 Ocean Drive Vero Beach, FL 32963 Phone: 772-231-3131 STATE OF FLORIDA COUNTY OF T- L_.0 The foregoing instrument was acknowledged before me thisS day of 20 09, by Q.,�Y, 1 i 17a'1 who is -personally known tome r who has produced as identification. I G- Signatu-494� re of Notary Cif -7 , `T Type or Print Name of Notary t Notary Public Title CommissiQ&,Dhtta*>wi.,m.w,.ow ........... p:"r'' • PATRICIA J. MORGAN . `?Y;. (Seal) . r_ MY COMMISSION I DD 499941 rf a EXPIRES: Dammber 15, 2009 0--)dad fine Newy Public Undenwam _ w Revised April 24, 2007 ., OPik MMiUS .U'1 R. 1?oaect Reviewer , DAC jteYtevt Apptoygl; I?3te. - G.ominerif§`.. _ Airport Park of Commerce — Site Plan Extension Request EXHIBIT "A." 0 Cr- liow bo Legal Description The Northwest 1/4, of the Northeast 1/4 of Section 31, Township 34 South, Range 40 East, LESS the North 98 feet lying in St. Lucie County, Florida. Airport Park of Commerce — Site Plan Extension Request EXHIBIT "B" t JECK, HARRIS, RAYNOR & JONES, P.A. Attorneys and Counselors at Law Writer's Direct Line: (561 ) 746-1344 Ext. 308 Writer's E-Mail Address: ASPERANZINi@JHRJPA.COM Website: WWW.JHRJPA.COM April 18, 2008 Received BY St. Lucie County Growth APR 212008 Management Department Mark Satterlee, Director Growth Management 2300 Virginia Avenue Ft. Pierce, FL 34982 RE: Airport Park of Commerce — Extension of Major Site Plan Approval Dear Mr. Satterlee This firm represents Airport Road Development, LLC, the Developer of the Airport Park of Commerce project, which is 32 lot commercial subdivision on 37.85 acres located on the south side of St. Lucie Boulevard, approximately % mile west of North 251h Street, in the IL (Industrial, Light) Zoning District in St. Lucie County (the "Project"). On June 13, 2006, the St. Lucie County Board of County Commissioners ("BOCC") passed Resolution 06-163, granting Major Site Plan approval for the Project. Since that time, the Developer has made substantial progress in advancing the Project. A roadway improvement agreement was submitted in April, 2007, which has been verbally accepted by the County. The water/wastewater plans and a water and wastewater supply agreement have been submitted, and accepted, by the Fort Pierce Utilities Authority ("FPUA" ). The Developer is in the process of finalizing the utility agreement with FPUA, which will require Developer to pay $299,028.16 (the Developer is waiting to finalize this agreement until after the BOCC considers the Developer's extension request). On May 14, 2007, the South Florida Water Management District issued its permit #56-02103-P. The Developer has responded to comments from the Fort Pierce Farms Water Control District and is awaiting the issuance of that permit. On April 10, 2007, Culpepper & Terpening, Inc. submitted four sets of signed and sealed construction plans and a signed/sealed cost estimate to the County engineer. The construction plans are in the final stages of approval. Additionally, the site has been completely cleared and mostly filled, and the water management tract has been completed to within ten percent of its final configuration. The Developer, however, recently decided to redesign the stormwater management system from a rural swale drainage system to a more urban curb and gutter system. The Project's engineer, Stef Matthes, is in the process of conducting the necessary meetings with County staff to discuss this design change. The Developer may decide to make this or other minor design changes. to the Project. The remaining regulatory agency approvals cannot be obtained until all design decisions have been made and the final engineering plans have been approved, but the Major Site Plan Approval expires on June 13, 2008. SUITE 600, 790 JUNO OCEAN WALK, JUNO BEACH, FLORIDA 33408 (561) 746-1002 FAX (561) 747-4) 13 (800) 479-0867 (MARTIN COUNTY) JEM HARRIS, RAYNOR & JONES, P.A. Mark Satterlee April 18, 2008 Page 2 of 2 Accordingly, the Developer, pursuant to Section 11.02.0613.2. of the St. Lucie County Land Development Code, requests a twelve (12) month extension of the Major Site Plan Approval, so that the Developer may have sufficient time to make its final design decisions, revise and secure approval of its final constructible engineering plans and obtain the remaining regulatory approvals. Assuming the BOCC grants the requested extension, the Developer will be in a position to continue to advance this project, including the finalization of the utility agreement with FPUA and the payment of the required $299,028.16, and to secure the necessary permits to begin construction. Please place the Developer's request for an extension on the next available agenda of the BOCC. Of course, if you have any questions, or need any additional information, please give me a call. Thank -you for your assistance in this matter. Very Truly Yours, JECK, HARRIS, RAYNOR & JONES, P.A. Andrew Speranzini, Esq. For the Firm Airport Park of Commerce — Site Plan Extension Request EXHIBIT "C" 'n C, fill 6 0 :d D t-W Agent Information Andrew Speranzini, Esquire Philippe Jeck, Esquire Jeck, Harris, Raynor & Jones, P.A. 790 Juno Ocean Walk, Suite 600 Juno Beach, Florida 33408-1121 Phone: (561) 746-1002 Fax: (561) 747-4113 Email: asp eranzinina ihrjpa.com 1 2 3 4. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE 8 2912911 08f14120D6 at 03.07 PM OR BOOK 25M PAGE 1482 -1466 Doc Type: RESO RECORDING: $44.00 RESOLUTION NO. 067163 FILE NO.: MJSP-05-011 A RESOLUTION GRANTING APPROVAL TO A MAJOR SITE PLAN PROJECT TO BE KNOWN AS AIRPORT PARK OF COMMERCE WHEREAS, -the Board of County Commissioners of - St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Mason Simpson, presented a petition for a Major Site Plan Project, to be known as Airport Park of Commerce, to provide for the construction of a 32 lot subdivision, on a 37.85 acre parcel located on the south side of St. Lucie Boulevard, approximately one-halfa mile west of North 25t' Street, in the IL (Industrial, Light) Zoning District for the property described in Section B. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A. of this Resolution. 3. The proposed project is consistent with the general purpose, goals, objectives and standards of the St.. Lucie. County Land Development Code, the St. Lucie County Comprehensive Plan and the Code of Ordinances of St. Lucie County. 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. The proposed project will be served water and sewer services by the Fort Pierce Utility Authority (FPUA). File No.: MJSP-05-011 - Resolution No. 06-163 June 13, 2006 Page 1 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 3 County, Florida: 4 5 A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Major 6 Site Plan to be known as Airport Park of Commerce, is hereby approved as depicted on 7 the site plan drawings for the project prepared by Thomas Lucido & Associates, PA., dated e 1 /12/05, last revised on 1 /0.4/06, and date stamped received by the St. Lucie County Growth 9 Management Director on 5/8/06, for the property described in Section B, subject to the 10 following conditions. 11 12 1. Prior to recording of this resolution and issuance of any permits, a Final 13 Development Order shall be obtained from the Director of Growth Management, or 14 designee.: Prior to issuance of said Development Order the Director of Growth 15 Management shall determine that all conditions of approval and applicable code 16 requirements are satisfied and shall: 17 18 (a) Obtain comments from the appropriate county staff, legal staff, and other 19 responsible agencies regarding the satisfaction of all applicable 20 code requirements and conditions of approval. 21 (b) Confer with the County Engineer, Public Works Department, 22 Environmental Resources Department, and Utilities Department to 23 determine the number of constructible engineering plans that shall be 24 required to be submitted for review, and the applicant shall, following 25 notification by the Director of Growth Management, submit the required 26 number of plans to the Department of Growth Management -for 27 processing, distribution, and final action. 28 (c) Require that a complete set sealed constructible final engineering plans, 29 supporting calculations and survey data for the site work and offsite 3 Or improvements are approved by the Office of the County Engineer, Public 31 Works Department, Utilities Department, Environmental Resources 32 Department, Growth Management Department, Fire Department, and 33 any other agency that may be determined by the Director of Growth 34 Management to be necessarily involved in the review and approval of the 35 constructible final engineering plans for the site work and offsite 36 improvements. The determination of whether or not plans submitted by 37 the applicant constitute a complete set of constructible shall. be 38 plans made by the departments involved in the plan review within five business 39 days of the date the plans are received in the Department of Growth 40 Management. 41 (d) Shall evaluate project concurrency, and issue a certificate of concurrency 42 uponhis determination that all requirements for concurrency. 43 management have been satisfied .in accordance with Chapter 5 of the 44 County's Land Development Code, No Final Development Orderwill be 45 issued without prior issuance of a Certificate of Capacity. 46 rile No.: MJ.SP-05-011 Resolution No. 06-163 June 13; 2006 Page 2 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2. Prior to the recording of any Final Plat approval for the project, the applicant (aka Developer), successors, or assigns shall provide certain improvements to roadways required to address this projects impacts on the County's roadway network. The Developer shall enter into a Road Improvement Agreement with St. Lucie County for the proposed improvements to St. Lucie Boulevard. The improvements include; but are not limited to the following: (a) Left and right turn lanes designed to accommodate heavy trucks will be required at both project entrances on St. Lucie Blvd. (b) Five-foot bike lanes shall be constructed and dedicated to St. Lucie County in accordance with the St. Lucie. County Public Works Standards. (c) A six-foot sidewalk shall be constructed along the project's property line and St. Lucie Boulevard right-of-way. (d) Upon conditional acceptance of the constructed improvements the developer shall enter into a Maintenance Agreement for a period of one year and thirty days. Maintenance Bond shall be 15% of the cost of construction. (e) If the improvements are to be. bonded, an Engineers estimate of probable cost, Original Letter of Credit or Surety Bond, (total surety shall be for 115% of the cost of construction) is required. (f) The applicant shall provide security for the design and construction for signalization of Kings Highway and St. Lucie Boulevard, when warranted. The applicant, developer, successor is required to perform a signal warrant analysis conforming to FDOT requirements/standards for the intersection of King's Hwy and St. Lucie Blvd for signalization. The first signal warrant analysis for the Kings Highway and St. Lucie Boulevard intersection shall be conducted within 90 days of the Board of County Commissioners approval of this project or prior to Final Plat Approval, whichever occurs first. if signalization is not warranted, the warrant analysis shall be conducted, and submitted to the Growth Management Director, annually thereafter. Should a signal be warranted, the developer shall design and construct the signal improvements in accordance with FDOT and St. Lucie County requirements. 3 Prior to any Final Plat approval for this project, the developers shall be required to convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, 50 foot of additional right-of-way along the site plan's northern property line for the future widening of St. Lucie Boulevard. 4. Prior to the Final Plat approval, the developer, or his assigns, shall provide an executed copy of a final utility service agreement with Ft. Pierce Utility Authority, indicating all developer obligations, including schedules associated with .servicing File No.: MJSP-05-011 June 13, 2006 Resolution No. 06-163 Page 3 .this site. 5. The irrigation system within this project shall be designed to accept reuse water from the Fort Pierce Utilities Authority;.or other duly recognized utility authority or district, as the preferred method of irrigation. 6. Prior to recording of the plat, elevations and drawings demonstrating that the projects signage compiles with the St. Lucie County Architectural Standards as set forth in Section 7.10.23 of the Land Development is required. 7. Lot 1, and Lots .22 thru 28 shall comply with the St. Lucie County Architectural Standards as set forth in Section 7.10.23 of the Land Development. The property owner's association documents shall include language regarding this requirement for the specified lots. A copy of the property owner's' association covenants and restrictions shall be submitted to and approved by the Growth Management Director prior to recording of the plat for this project. B. The property on which this Major Site Plan approval is being granted is described as follows: The Northwest 1/4, of the Northeast'/. of Section 31, Township 34 South, Range 40 East, Less the North 98 Feet lying in St. Lucie County Florida. (Tax ID#: 1431-120-0000-0006) (Location: South Side of St. Lucie Boulevard, approximately %2 mile west of North 251h) C. This Major Site Plan shall expire on June 13, 2008, unless a building permit is issued or an extension is granted in accordance with Section 11.02.06(B) (3), St. Lucie Count Development Code. y D. . The Major Site Plan granted under this Resolution is specifically conditioned to the requirement that the petitioner, Mason Simpson, 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 of authorizations to commence development activities on the property described in - Part B. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1B 19 20 21 22 23 24 25 26 27 .2.8 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 E. This Resolution shall take effect upon the date the Director of Growth Management issues a 47 Certificate of Capacity, which shall be attached to the resolution as Exhibit A. File No.: MJSP-05-011 June 13, 2006 Resolution No. 06-163 Page 4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 29 30 31 32 33 34 35 r 36 37 F. A copy of this resolution shall be attached to the site plan drawings described in Section A, which plan shall be placed on file with the St. Lucie County Growth Management Director. After motion and second, the vote on this resolution was as follows: Chairman Doug Coward AYE Vice -Chairman Chris Craft AYE Commissioner Paula Lewis AYE Commissioner Frannie Hutchinson AYE Commissioner Joe Smith AYE PASSED AND DULY ADOPTED this 13th Day of June 2006. BOARD OF COUNTY COMMISSION'ERS ST. LUCIE COUNTY, FLORIDA :�1 r'+ BY: Chair an A. ATTEST: - '��. APPROVED AS TO FORM ;.. AND CORRECTNESS: File No.: MJSP-05-011 June 13, 2006 V COUNTY ATTO Resolution No. 06-163 Page 5 AIRPORT PARK OF COMMERCE SITE PLAN CONDITIONS RESOLUTION NO. 06-163 PASSED ON JUNE 13, 2006 Below is a list of the conditions of approval contained in Resolution No. 06-163, which was passed on June 13, 2006, approving the Major Site Plan for Airport Park of Commerce, along with a brief status update for each of the conditions of approval. LEGEND Resolution No. 06-163 RES Jeck, Harris, Ra nor & Jones, P.A. JHRJ Cul a er & Terpenin ,Inc. CTI Thomas Lucido & Associates, P.A. TLA RES Requirements Status Update A permit from the Fort Pierce Farms Water Control District (FPFWCD) is required to be The permit for the project was approved by the obtained together with approval from the FPFWCD Board of Supervisors on October 8, 2007 and Permit No. 06-001-026 was issued in January 2008. FPFWCD Board of Supervisors (this requirement was contained in the Staff Memo, under Standards for Site Plan Review, but was not re eated in the RES). RES/All Final Development Order must be obtained The Director will not issue the Final Development Order from the Director of Growth Management or until all of the conditions are satisfied. designee (prior to recording the Resolution and issuance of any permits). RES/Al( b) Confer with the County Engineer, the Public Works Department, On April 10, 2007, CTI submitted 4 sets of Environmental Resources signed/sealed construction plans and a signed/sealed Department, and Utilities Department to determine the cost estimate to the assistant County engineer, Craig number of constructible engineering plans required for review. Hauschild. All of the staff comments for the infrastructure have been satisfied to date and only the St. Lucie County Stormwater Permit application is lacking full County approval. RES/Al( b) & Submit to the Department of Growth Management See above comments. The plans have been submitted A1(c) the required number of complete and approved for the infrastructure design and a St. sets of sealed constructible final Lucie County Stormwater Permit will be applied for now engineering plans, supporting calculations that the SFWMD and FPFWCD permits are in hand. and survey data for the site work and offsite improvements so that said plans can be distributed to: Office of the County Engineer; Public Works Department; Utilities Department; Environmental Resources Department; Growth Management Department; Fire Department; and any other agency required by the Growth Management Director. The developer satisfied concurrency requirements in RES/Al( d) Growth Management shall evaluate project concurrency in conformance with Chapter 5 of connection with the initial site plan submittal. The the Land Development Code and issue Certificate of Concurrency and Certificate developer recently submitted a revised traffic impact of Capacity to study in connection with the extension request and is evidence satisfaction of all working with County staff to satisfy all concurrency requirements for concurrency management. issues. The Roadwa Im rovement Agreement was submitted RES/A2 Prior to recording of the Final Plat, the RES Requirements Status Update a) Developer shall enter into a Road on April 10, 2007. The County has verbally accepted (b)(c) Improvement Agreement with St. Lucie the Agreement. The technical aspects are all squared County for the proposed improvements to St. away. The developer will have to eventually post a Lucie Boulevard, including, but not limited to: bond to cover the costs of the improvements, at a date (a) Construction of left and right turn lanes at yet to be decided. both entrances on St. Lucie Boulevard designed to accommodate heavy trucks. (b) Construction and dedication of five-foot bike lanes to St. Lucie County constructed in accordance with St. Lucie County Public Works Standards. (c) Construction of six-foot sidewalk along the project's property line and St. Lucie Boulevard right-of-way RES/A2( Upon conditional acceptance of the These provisions are in the Roadway Improvement d) constructed improvements, Developer shall Agreement. enter into a Maintenance Agreement for a period of one year and thirty days and shall obtain a Maintenance Bond equal to 15% of the cost of construction. RES/A2( If the improvements are to be bonded, then the Assuming all other conditions of approval have been e) following will be required: (i) Engineer's satisfied, the developer should be able to obtain the estimate of probable cost; and (ii) original Letter of Credit or surety bond relatively quickly, Letter of Credit or Surety Bond (in the probably within a couple of weeks. amount of 115% of the cost of construction). RES/A2(f Developer shall provide security for the design The developer agreed to this condition. The FDOT has and construction for signalization of Kings recently installed the mast arms for the signalization Highway and St. Lucie Boulevard, when improvements at the intersection which is currently in warranted. The first signal warrant analysis flash mode. for the intersection shall be conducted within 90 days of the Board of County The signal can be activated for full function as soon as Commissioners approval of the project or prior the County considers warrants to be met. to Final Plat approval, whichever occurs first. If signalization is not required, the signal warrant analysis shall be conducted and submitted to the Growth Management Director annually thereafter. When a signal is warranted, the Developer shall design and construct the signal improvements in accordance with FDOT and St. Lucie County requirements. RES/A3 Prior to Final Plat approval, Developer shall The additional 50' r-o-w is included in the Plat, and will convey to St. Lucie County, the 50-foot of be conveyed upon recording of plat or at an alternative additional right-of-way along the site plan's time to be agreed upon between the County and the northern property line. Developer. RES/A4 Prior to Final Plat Approval, provide an The utility service agreement has been reviewed and executed copy of a final utility service accepted by FPUA. The developer is waiting to finalize agreement with Ft. Pierce Utilities Authority, the agreement and pay the applicable fees (about indicating all developer obligations, including $300,000) until agreements have been reached on all schedules associated with servicing the other issues and the developer has been granted the roiect. requested extension. RES Requirements Status Update RES/A5 Irrigation system shall be designed to accept reuse water from the Fort Pierce Utilities Authority. The project does not have an irrigation system at this point. Typically, the detailed irrigation plans are not submitted until construction commences. When the plans are prepared, the Developer will design the irrigation system to accept reuse water, assuming it is available along St. Lucie Blvd. RES/A6 Prior to recording of the Plat, elevations and drawings demonstrating that the project's signage complies with the St. Lucie County Architectural Standards as set forth in Section The elevations and drawings can be prepared quickly and will be completed prior to recording the Plat. 7.10.23 (should be 7.10.24) of the Land Development Code. RES/A7 Lot 1 and Lots 22 through 28 shall comply with the St. Lucie County Architectural Standards as set forth in Section 7.10.23 of the Land Development Code. (this is a typo; should be The developer agrees to this condition. The condition should be checked when plans come in for each lot. 7.10.24 RES/A7 The property owner's association documents shall include language regarding this requirement for the specified lots. A copy of the property owner's association covenants and restrictions shall be submitted to and approved by the Growth The developer agrees to this condition. The property owner's association documents have already been prepared and include the applicable language. The documents will be submitted for approval prior to recording the plat. Management Director prior to recording of the Plat. RES/C Major Site Plan shall expire on June 13, 2008, unless a building permit is issued or an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Development Code. The developer filed an application for site plan extension within the allotted time, pursuant to Section 11.02.06(B)(3) of the Code. RES/D Prior to the issuance of building permits or authorization to commence development activities, all necessary development permits and construction authorizations shall be obtained from: State and Federal regulatory authorities; the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District. SFWMD Permit No. 56-02103-P was issued on May 14, 2007. CTI has received notice that no ACOE permit will be needed. FPFWCD Permit No. 06-001-026 was issued in January, 2008. The DEP permit cannot be processed until the developer has an accepted utility agreement. Once the developer has the finalized utility agreement, it usually takes about 30 days to get the DEP permit. AIRPORT ROAD DEVELOPMENT, INC. EXTENSION REQUEST AND DEVELOPMENT AGREEMENT FILE NO. BCC 520081471 ITEMIZATION OF BENEFITS TO COUNTY December 9, 2009 1. Addition of tax base to County of 32 commercial/light industrial lots in place of currently fallow, vacant land 2. Creating inventory of useable commercial/light industrial space near the St. Lucie International Airport to help support commercial development and jobs in the County. 3. Devoting private resources to build infrastructure within the industrial park to accommodate the lots 4. Investing in the future of the County at a time of extreme economic challenges in the country that have been felt even more deeply in the county. 5. Agreement to limit density from 50% lot coverage allowed by the LDC to 30%. 6. Road Improvement Agreement for the following improvements to St. Lucie Boulevard pursuant to the plans attached in the Application Materials: a. Construction of left and right turn lanes at both entrances to the Project on St. Lucie Boulevard designed to accommodate heavy trucks b. Construction in the St. Lucie Boulevard right-of-way and dedication of five-foot bike lanes to St. Lucie County constructed in accordance with St. Lucie County Public Work Standards along both sides of St. Lucie Boulevard along the frontage of the Property c. Construction of six-foot sidewalk in the St. Lucie Boulevard right-of-way along the frontage of the Property 7. The Developer submitted sealed constructible final engineering plans to the County's Growth Management Department, which plans have already been reviewed and approved by the County's Public Works Department 8. The following regulatory permits are required and have already been obtained: (a) FPFWCD Permit No. 06-001-026 was issued in January, 2008; and (b) Environmental Resource Permit from the SFWMD (Permit No. 56-02103-P was issued on May 14, 2007) 9. Because of the need for an extension of the original Site Plan approval, the County has the opportunity to require all of the additional contributions in the proposed Development Agreement, which add value to the County over and above the requirement in the original approval including: a. A newly created proportionate fair share obligation of $272,351.00 to mitigate the Project's traffic impacts. b. Road Impact fees of $129,045.00 c. Donation of 50' of non -site related right-of-way to St. Lucie Boulevard along the front of the Property TRAFFIC IMPACT STUDY For Airport Park of Commerce In St. Lucie County Prepared for Airport Road Development, LLC. Prepared By Culpepper & Terpening, Inc. 2980 South 25th Street Ft. Pierce, FL 34981 October 2005 (Updated October 2008) Attachment B Stefan K. Math s p Florida Reg. No. 7 Airport Park of Commerce -Traffic Impact Smdy Table of Contents Tableof Contents.......................................................................................................................................... 1 2 ProjectDescription....................................................................................................................................... 2 ProjectDescription....................................................................................................................................... 4 StudyMethodology................................................................................................................. ..................... I1 TripGeneration........................................................................................................................................... 12 TripDistribution..................................................................................................................................... 14 CapacityAnalysis.................................................................................................................................... 25 Conclusion................................................................................................................................................... 26 References................................................................................................................................................... 27 AppendixA.................................................................................................................................................. 45 AppendixB.................................................................................................................................................. 62 AppendixC.................................................................................................................................................. Airport Park of Commerce - Traffic Update - 04-141 TIS Page 1 Airport Park of Commerce -Traffic Impact Study Project Description The proposed project, Airport Park of Commerce, is located along the south side of St. Lucie Boulevard across from Hammond Road. The project is located in St. Lucie County, Florida (See Figure No. 1, Location Map). The site contains approximately 37.85 acres of Light Industrial zoned property and is located in Section 31, Township 34 South, Range 40 East, St. Lucie County, Florida. The proposed development will result in a 32 lot industrial subdivision. Access to the site shall be on St. Lucie Boulevard at two locations. This report will analyze the project with respect to the maximum potential development in accordance with the St. Lucie County Development Codes. The Industrial Zoning Code allows for a maximum building coverage of 50% of the lot area. The total area encompassed by the 32 lots is 18.99 acres of land. At 30% coverage, at total of 5.697 acres can be developed as building, or a total of 248,165 square feet. In developing the Scope and Methodology of this report, it was determined that the impacts of project development will be analyzed in the 2010 build -out condition. Airport Park of Commerce - Traffic Update - 04-141 TIS Page 2 Airport Park of Commerce -Traffic Impact Study Airport Park of Commerce - Traffic Update - 04-141 TIS Page 3 Airport Park of Commerce -Traffic Impact Study Study Methodology Section A — Definition of Study Area The study area, as defined by the St. Lucie County Land Development Code, Section 11.02.09.9(B) shall be a 2 mile radius of the site which includes all major roadways and intersections within the zone of influence. The study area for this report is as represented in Figure 1 and includes the following intersections: • US Highway No. 1 and St. Lucie Blvd • 251h Street and St. Lucie Blvd • Kings Highway and St. Lucie Blvd • Kings Highway and Indrio Road • Kings Highway and Angle Road Section B — Inventory of Existing Facilities Roadways: St. Lucie Blvd (CR 608 The portion of St. Lucie Blvd located in the study area consists of a 2-lane undivided rural roadway section containing one (1) 12' lane eastbound and one (1) 12' lane westbound. The existing right-of- way of St. Lucie Blvd within the study area is 80' in width. The St. Lucie Blvd Corridor is classified as a Two -Way Class I — Interrupted Flow Arterial and is under the jurisdiction of St. Lucie County. St. Lucie Blvd currently operates at a LOS C which is based upon the Average Daily Volume as provided by in the St. Lucie Urban Area Transportation Planning Organization Fall 2006 Traffic Counts, applied to the generalized daily Level of Service maximum volumes for the Florida FDOT 2002 Quality / Level of Service Handbook as shown on Table 4-1. North 25th Street The North 251h Street Corridor within the defined study area consists of a 4-lane divided roadway section containing two (2) 12' lanes northbound and two (2) 12' lanes southbound. The existing right-of-way of North 25th Street is 80' in width. This corridor is classified as a State Two -Way Class I — Interrupted Flow Arterial and is under the jurisdiction of the FDOT. North 25th street currently operates at a LOS B based upon the Average Daily Volume applied to the generalized daily Level of Service maximum volumes for the Florida FDOT 2002 Quality / Level of Service Handbook as shown on Table 4-1 and upon the Fall 2006 Traffic Volumes as established by the St. Lucie Urban Area TPO. Airport Park of Commerce - Traffic Update - 04-141 TIS Page 4 Park of Commerce -Traffic Impact Study Kings Highway The Kings Highway Corridor within the defined study area consists of a 2-lane undivided roadway section containing one (1) 12' lane northbound and one (1) 12' lane southbound. Additional right and left turn lanes are located at its intersection with Orange Avenue. The existing right-of-way of Kings Highway is 50' to 75' in width. The State FDOT has recently completed capacity improvements to this link of the roadway in the form of enhanced shoulder construction. This corridor is classified as a State Two -Way Class I Arterial and is under the jurisdiction of the St. Lucie County. Kings Highway currently operates at a LOS D north and south of St. Lucie Boulevard, based upon the Average Daily Volume as provided in the St. Lucie Urban Area Transportation Planning Organization Fall 2006 Traffic Counts, applied to the generalized daily Level of Service maximum volumes for the Florida FDOT 2002 Quality / Level of Service Handbook as shown on Table 4-1. US Highway No. 1 (SR 4) The portion of US Highway No. 1 located in the study area consists of a 4-lane divided roadway section containing two (2) 12' lanes in both the north and southbound directions. The existing right- of-way of North US No. 1 within the study area varies from 120' to 150' in width. The US Highway No. 1 Corridor is classified as a State -Two Way Arterial — Interrupted Flow Class I and is under the jurisdiction of FDOT. US Highway No. 1 currently operates at a LOS B based upon the Average Daily Volume as provided in the St. Lucie Urban Area Transportation Planning Organization Fall 2006 Traffic Counts, applied to the generalized daily Level of Service maximum volumes for the Florida FDOT 2002 Quality / Level of Service Handbook as shown on Table 4-1. Airport Park of Commerce - Traffic Update - 04-141 TIS Page 5 Airport Park of Commerce -Traffic Impact Study Intersections: US Highway No. 1 and St. Lucie Blvd This intersection is a signalized intersection. The intersection geometry is as follows: Northbound 1 Lane Left Southbound 1 Lane Left 2 Lanes Thru 2 Lanes Thru 1 Lane Right 1 Lane Right Eastbound 1 Lane Left/Thru Westbound 1 Lane Lt/Thru/Rt 1 Lane Right North 25th Street and St. Lucie Blvd This intersection is a signalized intersection. The intersection geometry is as follows: Northbound 1 Lane Left Southbound 1 Lane Left 2 Lanes Thru 2 Lanes Thru 1 Lane Right 1 Lane Right Eastbound 1 Lane Left Westbound 1 Lane Left 1 Lane Thru/Right i Lane Thru/Right Kings Highway and St. Lucie Blvd As a result of the recent safety improvements made along the Kings Highway Corridor, the in St. Lucie Boulevard and North Kings Highway has had a mast arm installed to replace the previous span wire warning beacons. The intersection is still serviced only with flashing warning beacons, with St. Lucie Boulevard being treated as the minor street, and its traffic is required to stop as they approach the intersection. North Kings Highway traffic remains unrestricted. The existing intersection geometry is as follows: Northbound 1 Lane Left Southbound 1 Lane Left 1 Lane Thru/Right 1 Lane Thru/Right Eastbound 1 Lane Lt/ Thru/Rt Westbound 1 Lane Left 1 Lane Thru/Right Kings Highway and Indrio Road This intersection is a signalized intersection. The intersection geometry is as follows: Northbound 1 Lane Left Southbound 1 Lane Left 1 Lane Thru/Right 1 Lane Thru/Right Eastbound 1 Lane Left Westbound 1 Lane Left 1 Lane Thru 1 Lane Thru 1 Lane Right 1 Lane Right Kings Highway and Angle Road This intersection is a signalized intersection. The intersection geometry is as follows: Northbound 1 Lane Left/Thru Southbound 1 Lane Lt/Thru/Rt 1 Lane Right Eastbound 1 Lane Left Westbound 1 Lane Left 1 Lane Thru/Right 1 Lane Thru/Right Airport Park of Commerce - Traffic Update - 04-141 TIS Page 6 Airport Park of Commerce -Traffic Impact Study TABLE 4 1 GENERALIZED ANNUAL AVERAGE DAILY VOLUMES FOR FLORIDA'S URBANIZED AREAS' I )­c 2(1,4 O) 33,000 ;-SOO I, J,1Qu _).2OO z3xV Y"c"(w, '00 6" 1 Ou %,(HJJ 1) " r-ed yo Ott lq'ituo i 1,(,(X, 92,)0 )ol.,OO 36,91KI 61.100 KkAOO l0jlw. I t t_li.2 41 I'ATF T`A0AAAV ARITRUMN s N 00 115 -MI W 1-6,201, I tt"19.z LK) (13.0 Q0 12 lz�.SOO ;,ux, 0,1 2 00 if der. in YX OLI 57,lpU 5,;300 r.r Lane, A 6 11, l),v,&,, P•tofr cSjoc, (4 110 O--SOO 36.WV '2,100 6-_'Ott 500 sj,_c0 os.stp 10 1 lu-100 T" SO F," I-, per 11, It, HI 01) .• 31OIj 16; 9116 I-, I 1(,u IK"W I Of, I If, 1 '0 900 z! 1, IOpi Cieca,ic`e. 1,900 14.100 1 JI) HOOu 0'500 10 WIO A It C 1) 6 t, ,N) Ct." R, I, ­e i- :;0 OW I , ;00 3ti" rO 1, Y?lj fi 100 "t 4 "to I S v�,:,:Z BICYCLE NIODE iNair. I ­ef Of xmntw kIT 0V "l-Cit TIVWx IT, It is t2t)IC OT ­tce wmr, A "'ZOO I -SO, rl 1,60 b3, t OO�k "IM NO -_'Ott ... PFUT-STRLAN MOPE pl-ttMWIM, .4 '41 111f, to nw, m1h, ritcrwtlinrc rani I, _.k­ -I �.txvngr, .­t, tf,c L­h,�. �i F.al J —1--e -,-Id, c aanr, A-,, ­h" b , y .4 .1a wv. �l usJvrn )W­ in "'to—vr nw a,.v—,I..,rtt 30, ,, , tiqll_ P Ix -I M ST—I, si,�­ak mft, P 6,;bf, 14qw I,q(tC� I flN cxv., -I I .%w .. -1 2 NO I 1_160 NION,;IATY W)AII-A XYl BUS'NO)OF `k Iz,r) 1 ­8 raf 71- 1 bo [)I, A It 1) F 1. C, r) c, I scne,CC. 9AK, 1!,fgi(l ',,,�­Ik A 13 100 "?,400 6 ni i,�­ tiOft -Q,- _'Ou '&yrdtr c V-4—, ­htetty jlt, 4- Do L�d A It 1) C7runu cc ••. tint 10,000 1 N" 1,-00 :,NO I. ndml`tt Ib:rnd:al>rlaetarnt .1, el -2:01- %14AO NweMN N VACUA I WN y)ICrrtt o rm".ei I .1r, votIlw, 't ti, l3ak 4(r;, w Airport Park of Commerce - Traffic Update - 04-141 TIS Page 7 Airport Park of Commerce -Traffic Impact Study TABLE 4 - 7 GENERALIZED PEAK HOUR DIRECTIONAL VOLUMES FOR FLORIDA'S URBANIZED AREAS' A P C 1) 1i L_,j M st.e 106 "W6 6% W l,W I A R c 1) r I 0m, 1_6W 2,5*y 3.140 8110 1,4 o U66 -_554 i,;Ilu 6AR STATE TWO-MAYARIERLAI-9 I— 6w -- 10 C, 150 ,: W3 G, .. ChI � AA I, t, � 1,94 srru� lime krtcowtx vc, Auld 5.;101 -70.t) W.,*) P";W I I IQLI 121b5ij 22b _20 C.60 WI 1,3A, I,W, A -1,036 iAhu '..MW ee. 1,134 1 2,660 .,u A,v IC clus 11 II.-W ILI _50 NwLskwd ijact..� y.,; Inao 4,7(K^380 83ge Lori A F C D E. 6 31310 121,x4, I u—,vtdc, IN 5WI W, 4% 2N, 1,W., I,-10 ],W, MMIT MOM _13t, 3,5(Xj (N.Se 7A j 0_d — ."I -fr. Class III tilt, IIV,11211e uwmt,-, it , miL w ,W, dmt, su.g, Itte 1wil'I t (NIAplt• ftwtzNwhO, -6- WI—Y 61t' I. do— PC wc a— �NljjoW Psysc Six- _44rr I Rwylc jlrr L.— Nw_,-,! A P C uk SW It _G lift No J60 -'st) ")iIj PEDWIVIAN MODE fNO, 1 .0 0 6, ft R­,. w %W,w MII, Lit', dionct of- ti 1urc rY p'n-trics at =O #IlrB )tlJtd SNOL and IrAIRC COLd]Wn 1, MI lhi 1­6Crf IcM al %-1,c tnx.,, I.—­ J),6 ( r I Unh,mv: ­( 20 5S0 cz Om L T) F I :19F# 3,11D slil 31,250 3(1_R1!<, M,tw Cilyk.kvt, Nis %To by fso�L ,kF u� ­ 1 k",4VI 1e—1 of ,r, ,, IlIA. ^­ to'll A B S­­ "Itc 760 ),It) ci<tvwAlU13 C I !,620 tW, 1c 1 of SeRlet A 1I C Hsu LIK, I.-;io t tf Im"MI.wt. Symems (4f., ROADWAYAJDAN-nin] S VA IMN UWVlD13) Fact— nwv.�, yr� t.n4i,Ie,ed N. Gliaviceti YM um"i-l- No OXY, WAYEACUM 11,S Airport Park of Commerce - Traffic Update - 04-141 TIS Page 8 Airport Park of Commerce -Traffic Impact Study Existing Traffic Conditions The Annual Average Daily Traffic Volumes for the roadways within the study area were obtained from the most current Fall 2006 St. Lucie Urban Area Transportation Planning Organization Counts, augmented by Culpepper & Terpening, Inc. These counts include the committed trips as referenced in the TPO Counts, and are provided in Table II: Table II Existing Traffic Conditions Roadway Station Number Classification LOS Ca aci ADT Committed Tri s Total LOS Map TPO IDs Type Lanes 25th Street North N. of St Lucie Blvd 5165 E Cl 41n 35,700 6,500 0 6,500 B S. of St Lucie Blvd 0011 F Cl 4 In 35,700 10,300 0 10,300 B N. of Juanita Ave 0791 - CI 4 In 35,700 10,400 0 10,400 B S. of Juanita Ave 5152 - CI 4 In 35,700 17,700 0 17,700 B KipZLHyvXNqrth N. of St Lucie Blvd 0749 A Cl 2 In 16,400 15,700 115 15,815 D S. of St Lucie Blvd 0751 B Cl 2 In 16,400 13,800 101 13,901 D St Lucie Blvd W. of US 1 North 0270 G Cl 2 In 16,400 5,100 0 5,100 C W. of 25th St North 154 D Cl 2 In 16,400 5,500 0 5,500 C E. of Keen Rd 156 C CI 2 In 16,400 6,200 55 6,255 C US 1 North S. of Indrio Rd 0009 - Cl 4 In 35,700 23,100 0 23,100 B S. of St Lucie Blvd 0010 H CI 4 In 35,700 1 22,700 0 22,700 B Legend - Roadway Classification Type CI State Two -Way Arterial- Interrupted Flow Class I Airport Park of Commerce - Traffic Update - 04-141 TIS Page 9 Airport Park of Commerce -Traffic Impact Study The PM Peak Hour Directional Volume for the roadways located within the study area were obtained by using the most current Fall 2006 St. Lucie County TPO Traffic Counts and applying the K (.092) and D (.568) values and are tabulated as follows: Table III Existing Traffic Conditions Roadwa Mau IDs Classification ADT LOS CARacily ADT Committed/ PM Peak Hr LOS CAgaciAy PM PK Hr Directional LOS Volumes/LOS Type Lanes 25th Street North N. of St Lucie Blvd E CI 41n 35,700 6,500 B 1,860 340 B S. of St Lucie Blvd F C1 41n 35,700 10,300 B 1,860 538 B N. of Juanita Ave CI 41n 35,700 10,400 B 1,860 543 B S. of Juanita Ave CI 41n 35,700 17,700 B 1,860 925 B Rings Hwy North N. of St Lucie Blvd A CI 2 In 16,400 15,815 D 860 826 D S. of St Lucie Blvd B CI 2 In 16,400 13,901 D 860 726 D St Lucie Blvd W. of US 1 North G CI 2 In 16,400 5,100 C 860 267 C W. of 25th St North D CI 2 In 16,400 5,500 C 860 287 C E. of Keen Rd C C1 2 In 16,400 6,255 C 860 327 C US 1 North S. of Indrio Rd CI 4 In 35,700 23,100 B 1,860 1,207 B S. of St Lucie Blvd H C1 4 In 35,700 22,700 B 1,860 1,186 B Legend - Roadway Classification Type CI State Two -Way Arterial- Interrupted Flow Class I Airport Park of Commerce - Traffic Update - 04-141 TIS Page 10 Airport Park of Commerce -Traffic Impact Study Trip Generation The Trip Generation for the proposed Airport Park of Commerce was developed by utilizing the "Institute of Transportation Engineers Trip Generation Manual, Seventh Edition" which established the Trip Generation Rates for the proposed facility. In developing the Trip Generation Rates, the ITE Manual was utilized for both the AADT volumes, A.M. Peak Hour Movements and the P.M. Peak Hour Movements. The following Tables have been provided to depict the Trip Generation Rates for this development. Table IV depicts the 24-Hour Daily Volumes, Table V depicts the A.M. Peak Hour Volumes, and Table VI depicts the P.M. Peak Hour Volumes: The Land Use Codes 130 "Industrial Park" was determined the most appropriate description of the project. The ADT, AM Peak, and PM Peak Hour trip generations are provided in the following tables: Trip Generation Table IV Average Daily Traffic Land Use ITE Code Units/Size ADT Rates ADT Industrial Park 130 248,165 SF T=4.96(x)+747.75 1,979 vpd Table V AM Peak Hour Traffic Peak Hour Directional Directional Land Use Units/Size Avg. Rate Distribution Volumes Enter Exit Enter Exit Industrial Park 248,165 SF Ln(T)=0.77Ln(x)+1.09 82% 18% 170 vph 37 vph Table VI PM Peak Hour Traffic Peak Hour Directional Directional Land Use Units/Size Avg. Rate Distribution Volumes Enter Exit Enter Exit Industrial Park 248,165 SF T=0.77(x)+42.11 21% 79% 49 vph 184 vph Airport Park of Commerce - Traffic Update - 04-141 TIS Page 11 Airport Park of Commerce -Traffic Impact Study Trip Distribution The Trip Distribution from the site onto local streets was derived based upon the surrounding developments as well as the existing Transportation Network. The Distribution onto the surrounding links was then derived and is portrayed as Figure No. 2. A summary of the Major Trip Assignments were estimated as follows: Table VII - Trip Distribution Link Map IDs % ADT PM Peak Hr. Dir. 25th Street North N. of St Lucie Blvd E 10% 198 18 S. of St Lucie Blvd F 30% 594 55 N. of Juanita Ave 30% 594 55 S. of Juanita Ave 30% 594 55 Kings Hwy North N. of St Lucie Blvd A 25% 495 46 S. of St Lucie Blvd B 25% 495 46 St Lucie Blvd W. of US 1 G 10% 198 18 W. of 25th St North D 50% 990 92 E. of Keen Rd C 50% 990 92 US 1 North S. of Indrio Rd 5% 99 9 S. of St Lucie Blvd H 10% 198 18 A complete trip assignment by percentage is shown in Figure No. 2 Airport Park of Commerce - Traffic Update - 04-141 TIS Page 12 Park of Commerce -Traffic Impact Study r s 3 (tIZ7 A325X 5T. LUCE BOI,,LEVARD ,i..G..� SITE 'M-'o—n G-o' 50% SaX 101 t H u 1 c% L n 8 Cr �F 25% 430% a4-11 4T RAF FIGURB 2 r. CULPEPPER & TERPENING, INC. AIRPORT PARK C0"XUi.T$Ma UNOINEER9 ItAND SURVEYOR- OF COMMERCE . :. -_.. vv�mra�ivai 2M SwTh 2StR 5MLT 49T FRAM, FLOROA 3We7 =ro DISTRIBUTION BY PERCENT Airport Park of Commerce - Traffic Update - 04-141 TIS Page 13 Airport Park of Commerce -Traffic Impact Study Capacity Analysis Arterial Analysis: The Trip Assignment Volumes calculated in the previous sections were added to the existing volumes and background trips assigned to the roadway links within the study area. Volume distribution onto the surrounding links was then derived and is portrayed as Figure No. 2. The existing traffic volumes provided in the most current St. Lucie TPO Fall 2006 count data were increased by 2% per year to account for growth through the 2010 horizon build -out year. Level of Service, Table 4-1, of the Florida FDOT 2002 Quality / Level of Service Handbook was used for both the existing (Pre -Development, including background) and Post -Development Levels of Service. The following is a summary of the results. Table VIII Local Roa av Network bv ADT Roadway Map ID LOS Capacity Existing Conditions Growth 20( 10) Other Projects' Traffic Pre- Development Conditions Project Traffic Post - Development Conditions 2% 25th Street North N. of St Lucie Blvd E 35,700 6,500 B 536 - 7,036 B 198 7,234 B S. of St Lucie Blvd F 35,700 10,300 B 849 - 11,149 B 594 11,743 B N. of Juanita Ave 35,700 10,400 B 857 - 11,257 B 594 11,851 B S. of Juanita Ave 35,700 17,700 B 1,459 - 19,159 B 594 19,753 B Kings Hwy North N. of St Lucie Blvd A 16,400 15,815 D 1,294 - 17,109 F 495 17,604 F S. of St Lucie Blvd B 16,400 13,901 D 1,138 - 15,039 D 495 15,534 D St Lucie Blvd W. of US 1 G 16,400 5,100 C 420 - 5,520 C 198 5,718 C W. of 25th St North D 16,400 5,500 C 453 - 5,953 C 990 6,943 C E. of Keen Rd C 16,400 6,255 C 511 - 6,766 C 990 7,756 C US 1 North S. of Indrio Rd - 35,700 23,100 B 1,904 - 25,004 B 99 25,103 B S. of St Lucie Blvd H 35,700 22,700 B 1,871 - 24,571 B 198 24,769 B *Grown Trips do not include the TPO Committed Trips. A complete trip assignment by AADT volumes is shown graphically in Figure No. 3 Airport Park of Commerce - Traffic Update - 04-141 TIS Page 14 Airport Park of Commerce -Traffic Impact Study E i i t i ++i a 7,036 E r z j � '7,109 148 107 � s A 495 1,254 ; �257. 17,604 I x = ST. LUCIE BOULEVARD +c -�► $��E �o -�1► t-0 4-► I 50% 50% „ 10. 6,765 5,953 w 5,520 t 24,571, i 990 990 198 t X 198 7.756 6,9ti3 S.719 1 24,769 r i j N i S tO T 11,149 6 15,039 Z 30% 594 25% 495 1 11,743 15.534 • i i I I i i i } I s-78-08 FIGURE 3 f 04-141 TRAF i i CULPEPPER & TERPENiNG, INC. A1R OR,T PARK camsuVrme KNOrNCCAtl uNR aw"v"Ons OF COMMERCE _ 2080 501J1H 25M 31RUT FORT YERCE FLORIOA 34987 ! "2) '-64-3"7 P.M. PEAK HOUR "AI" """°"-Mwm •, 00a" ai 1px.4 "M TURNING MOVEMENTS I Airport Park of Commerce - Traffic Update - 04-141 TIS Page 15 Airport Park of Commerce -Traffic Impact Study Impact on Local Table IX RoadwayNetwork ADT Roadway Map ID ADT LOS Ca aci Project Traffic ADT Post - Development Conditions ADT % Im act Remaining Ca aci 25th Street North N. of St Lucie Blvd E 35,700 198 7,234 B 0.55% 28,466 S. of St Lucie Blvd F 35,700 594 11,743 B 1.66% 23,957 N. of Tuariita Ave 35,700 594 11,851 B 1.66% 23,849 S. of Juanita Ave 35,700 594 19,753 B 1.66% 15,947 Kings H North N. of St Lucie Blvd A 16,400 495 17,604 F 3.02% -1,204 S. of St Lucie Blvd B 16,400 495 15,534 D 3.02% 866 St Lucie Blvd W. of US 1 G 16,400 198 5,718 C 1.21% 10,682 W. of 25th St North D 16,400 990 6,943 C 6.03% 9,457 E. of Keen Rd C 16,400 990 7,756 C 6.03% 8,644 US 1 North S. of Indrio Rd - 35,700 99 25,103 B 0.28% 10,597 S. of St Lucie Blvd H 35,700 198 24,769 B 0.55% 1 10,931 Table X Impact on Local Roadway Network (PM Peak Hour Directional) Roadway Map ID PM Peak LOS Ca aci PM Peak Pre- Development Condition Project Traffic PM Peak Post -Development Conditions % Impact Remaining Capacity 25th Street North N. of St Lucie Blvd E 1,860 368 B 18 386 B 0.97% 1474 S. of St Lucie Blvd F 1,860 583 B 55 638 B 2.96% 1222 N. of Juanita Ave 1,860 588 B 55 643 B 2.96% 1217 S. of Juanita Ave - 1,860 1,001 B 55 1,056 B 2.96% 804 Kings Hy1W North N. of St Lucie Blvd A 860 894 F 46 940 F 5.35% -80 S. of St Lucie Blvd B 860 786 D 46 832 D 5.35% 28 St Lucie Blvd W. of US 1 G 860 288 C 18 306 C 2.09% 554 W. of 25th St North D 860 311 C 92 403 C 10.70% 457 E. of Keen Rd C 860 354 C 92 446 C 10.70% 414 US 1 North S. of Indrio Rd - 1,860 1,307 B 9 1,316 B 0.48% 544 S. of St Lucie Blvd H 1,860 1,284 B 18 1,302 B 0.97% 558 A complete trip assignment by PM Peak Hour Directional Volumes is shown graphically in Figure No. 4 Airport Park of Commerce - Traffic Update - 04-141 TIS Page 16 Airport Park of Commerce -Traffic Impact Study 1 1 t 1 i i it t i t i i { i I } Q i 368 E r z I r 8a6 366 i0� 3 +ZSX _ z 940 � Y 1 � ST. LUCIE BOULEVARD 'E C -' SITE 0 i 507. 50% w 0% 392 54 31a Cr 288 38 ? 92 N 18 446 403 = 306 10% 1.302 1 ry i �t 1 o F 583 i 86 Z _ 55 25% �30% a5 638 f 832 i I 3 i i i I i I 6-16-08 Mum 4 04-141 TRAr 1 rULPEPPER & TERPENING, INC. AIRPORT PARK CONiU3.71NG E11ZiiliC(GS I LAND �UiWCYQiIi OF COMMERCE � 2080 SM" 25M STWr �f � �/ �}/���p F9ftT {TPIEPLF, iQRDA 31961 P.M. PL'M nl/VLiV i TURNING MOVEMENTS i 1 Airport Park of Commerce - Traffic Update - 04-141 TIS Page 17 Airport Park of Commerce -Traffic Impact Study Intersection Analysis In order to determine what geometric lane configuration would be most applicable in order to maintain an acceptable Level of Service, the project's impact on the intersecting roadways was analyzed for the peak traffic conditions. The peak traffic conditions are typically experienced during the PM Peak Hour of weekday roadway traffic. The Peak Hour Volumes as well as The Exit/Enter splits can be found in Table V and VI. The Peak Hour Volumes were applied to the Trip Assignments for the Peak Hour Movements, which have been derived based upon the distributions and associated turning movements as shown in Figure No. 4. The Pre -Development and Post -Development PM Peak Hour turning movements for the project intersections are depicted in Figures No. 5-9 The pre -development volumes are based upon traffic counts taken by Culpepper & Terpening, Inc. and can be found in Appendix C. Airport Park of Commerce - Traffic Update - 04-141 TIS Page 18 Airport Park of Commerce -Traffic Impact Study 56 -64 1" it 0 7 -0 —i? 56 764 17 Z +4010� 15 -0 - (j 15 St. Lucie Boulvard 53 + 0 + f = 53 4% t t* 11� 18 f o i- C = 18 193 925 22 0 (t fr 18' + (t 1A = 201, 1 925 �n 198 25 °2 1.F�Gl i�ln XXX E3asInNG TRAMC X)LX RACKGWLNt) I= :AIRPORT P.9RIi B.dWmnd Tr'& lndudm O=W Avc Self, Sur"kM hates, I AC Subdic., Nti6riv,* K.W 2DJO Gn, iditicis 17.nulie.S Pjexattee Pro, tlVAK On." B1ut."trt, 4L.0 Airport 14.wy, Noickw VC'.trssado<, and TC Food B. * FIGURE 5 CLIPSRRER Q. TERPENING, ING ......,�._.,._.v.,..,�._._ ___�....�.........__. PM PEAK HOUR TURNA7G rtOF3;•1'tE4'[S GOr�Y4TtMs LYR�M[[MS4A�p •Y•vt`WR9. (JS Hxr NAI & St.latarBwhard i9i� E.t�rild 351k.$l7FlS<n!' . P!)ItTl.FtK.3AA61 Airport Park aat�p+ta>n�tsisniampcw n�.�wpew�ywr+�rrrntara�r Airport Park of Commerce - Traffic Update - 04-141 TIS Page 19 Airport Park of Commerce -Traffic Impact Study 28 320 3' 0 0 0 Aan 12 -0 -0= 12 Sri 4 nn T 33 320 Y -041*� 104 —0 + S - 109 to St. Lucie Boulvard 31 +0 +18= 49 t 153 f 0 18 = 171 108 240 90 0 0 0 158 + 0 55 = 213 2 1+ 123 200 90 l j;GFDM XK' X P.XI$17NG TKAMC XXX BACKI:; E3UM3 XXX AIRPORT PARK XX>K'TOTAL TRAFM BsckgmiM TatSe Includes: On r Aar Self SurMWIVW Fa , I AC aubdra, Mdntelc, Kmr �� Cay MOL-6 PLmalia4 Arsaute Pro, V4&M Yea, Bitvwta ,SLC' Aigwet l4wwq. l3A6wW 'Paw rwlu, aad TC Food B aak FIGURE 6 CULPCPPER S TERPENING, kMC ._..._,..._ -_ .,._...__......... .._......... �...._.�_. PM PEAK HOUR TURNING MOVEMENTS a AMa46t�Ma L4Ct+lKtCND IAMA akaalt4R0 25th6twt & St. Luria BoulwM il44 bT7V1'M 4�l'�17I1iL't" Pt)RJ'pF>t�'E,1ri+QIt1Dt1 �tlt 7 Airport Park �rrtea�r+,atwtaw�rr.wkar,n*w�rnaua�e.�y �t Airport Park of Commerce - Traffic Update - 04-141 TIS Page Airport Park of Commerce -Traffic Impact Study i I 425 121 0 53 i 0#440 228 - o ' 46 ` 274 I 418 133 8 ` Cf - G $ w a � 48 =49 }46= 143 4*0 St. Lucie Boulvard p +p kC- t 5 Ll td _ 5 4 615 36 !7 48 49 4 663 96 1.F.G}T1Ii IC7CSt P.IC[$ ING TRAMC xxx BACICGREI )MI 7�3[X AMORT FAR} BukgmtW Tn35c IreNdo: OwW, Aw Self. xvayLMd Ftmw, I AC SubcW, M2icaek, Kor 201p Lsn, M&l # Plmhlial4 Raarla Pro, Wiben IX-c., r4a~", 5IS" AztpW Rmvq, NZAtiond I' IG[TRE 7 Wuc�soda, aad TC Faod Bulk Cyf.PI:PPER & TERFEN4NG.. ►kG PM PEAK HOURTBRNMGMOVEMENTS ` r."*.,L7lw4 two."tt Yp �L.*.* iLwitiSQR4 K pHst & SL LW. Boulraid 311q SitJVitl 2%b tll ufer FtI1tPTimm FwKmk,IIAM aetssst Airport Park K.t�!.� �'Y#lPl}�URI/�NFRR+r77�M<IP49MM!llltwNlF?l�i��Rl �! 54 :ti w.rry*iacrtw�e ?G»tY.y Airport Park of Commerce - Traffic Update - 04-141 TIS Page 21 Airport Park of Commerce -Traffic Impact Study 76 kW 93 � 24 0 113 -U =S2 Z-1 + n 76 333 93 233 + 040 + %.0. S6 »- 10 - 1 = 67 Indrio Road 89 + 0 + G v 89 goo, 1% t fop 12U f f) f- l) = I2(l __00- 277 573 57 li 2a 9 136 + 77 + 6 = 759 313 615 71 J.Fr,F%M XXX HXJnV4G TXAb' C XXX BACKGROUND XXX AIRPORT'PARK MM TOTAL TRA"W Bldg-md Tafiic Irdudn: O mr Aw &I( Sk.Wkm Famu, i AC a+bd.,, MdFcreelc, Kng Cm 1` 't?' P"bc* P�*-+ Pro, tk4—rXl, 114-rw1rc, SLC Aiq w %.wa q, Nauonl 2010 ad TC Food B" ('IGURE CULPPCPPER TERPENING, INC a aMlYLi1M. CMt111tCM0: �.ka 1Yti.Ytia�l} PM PEAK HOUR TURNING MOPE:NFNIS zw, SX1vlub*,xlltlf , Kul, Hivy & lnd. Raid F747R7CN 7ti�l. % Airport Park �WQl4r+MM1t.Y6nw::�/',.�pyK�Mnn 1vt 27w x Wi Mmbc=a+..rn� fG�?ik vs Airport Park of Commerce - Traffic Update - 04-141 TIS Page 22 Airport Park of Commerce -Traffic Impact Stud} 33 -3 449 49 121 G AW40 132 + iC, r? = 142 _Q i 537 L 68 = 50 - 0 I18 g9 4. ,?f., T 0 = 109 Angle Road +C= 73 31 +42 33 , 29 0 = 62 2= 47,0 11 3' 4 57 43 + 2 + 1 s = 45 ±-2 :b 534 tl 4$ T:F.Gi?NT) 1XX EXIFnNG T'R+1MC XXX BACKGROUND XTCX-URPOR'I' PART: xn,WLAL TXARM Byekg mnd Tuffic Includes: Oogc Ave Sett, SwumvkM Ftmn, ; AC Sub&v, M Bmek, Kiogt ,A MW# rlanrauoc, r",+ pro. Wj_ r)n, i$uewses, %LC Aupw IAww y,13tuer+d 2010 FIGURE 4 V lmmodu, and X Food Bask GN<RERPERA6 TERPENING, INC PMPEAK HOUR TLIFLNING MOV'EMINNTI Largy�isws crosM4Rs .n+ra s�•v[raaKiW Ham. Raid 2" SO WIN b 6 iu W Fall ram, to (".94"'ur Airport Park .rtsr..rau�foaw.w�timwc+m�.a�� S.ati Nrapnwwne t4:9�u-. us Airport Park of Commerce - Traffic Update - 04-141 TIS Page 23 Airport Park of Commerce -Traffic Impact Study The following is a summary of the results of the Levels of Service for each approach and the overall intersection. A detailed analysis of each lane group in a graphical representation of the lane geometry for the each of the studied intersections can be found in the attached Appendix A for the Pre - Development conditions and Appendix B for the Post -Development Conditions. A summary of the intersection capacity is a follows: US Highway No. 1 and St. Lucie Boulevard P.M. Peak Hour Approach Eastbound Pre -Development Post -Development Westbound C C C Northbound C C Southbound B C Intersection C B C 25th Street and St. Lucie Boulevard P.M. Peak Hour Approach Pre -Development Post -Development Eastbound C Westbound B C Northbound C B Southbound C C Intersection C C C Kings Highway and St. Lucie Boulevard P.M. Peak Hour Unsignalized Signalized Pre- Post- Pre- Post - Approach D_ evelopment Development Development Eastbound C D C _Development C Westbound E F D D Northbound - C Southbound _ _ B C Intersection n/a n/a C B C Kings Highway and Indrio Road P.M. Peak Hour Approach Pre -Development Post -Development Eastbound C C Westbound D D Northbound C C Southbound B B Intersection C C Kings Highway and Angle Road P.M. Peak Hour Approach Pre -Development Post -Development Eastbound E E Westbound F F Northbound B B Southbound E F Intersection E F Airport Park of Commerce - Traffic Update - 04-141 TIS Page 24 Airport Park of Commerce -Traffic Impact Study Conclusion The following summarizes the results of the analysis performed by our office, which reflect the anticipated impacts and Levels of Service by the development of the St. Lucie Boulevard Industrial Park development. 4. The intersection of Kings Highway and St. Lucie Boulevard will maintain acceptable level of services under the condition that the flashing beacons are converted to operate as a fully functional signalized intersection. 5. It is recommended that left turn lanes be provided at the project access locations along St. Lucie Boulevard to insure safe access for turning vehicles. 6. In the PM peak hour directional condition Kings Highway north of St. Lucie Boulevard is failing in the pre -development conditions. Project impact on this roadway segment is 46 vph or 5.35%. 7. The intersection of Kings Highway and Angle Road is failing in both the pre -development and post -development conditions. It is recommended that a proportionate fair share agreement be used to mitigate the project related impacts. Airport Park of Commerce - Traffic update - 04-141 TIS Page 25 ZONING DISTRICTS 3.01.03 C. Disinfecting and pest control services. (7342) d. Amusement parks. (7996) e. Go-cart tracks. (7999) f. Hotels and motels. (701) g. Household goods warehousing and storage -mini -warehouses. (999) h. Marina - recreational boats only. (4493) i. Motor vehicle repair services - body repair. (753) j. Sporting and recreational camps. (7032) k. Retail trade: (1) Liquor stores. (592) 1. Stadiums, arenas, and race tracks. (794) in. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Drinking places (alcoholic beverages as an accessory use to a restaurant and/or civic, social, and fraternal organizations). b. One (1) single-family dwelling unit contained within the commercial building, or a detached single-family dwelling or mobile home, (for on -site security purposes). C. Retail trade: (1) Undistilled alcoholic beverages (accessory to retail sale of food). T. IL INDUSTRIAL, LIGHT. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for light manufacturing, wholesale, and warehousing activities that do not impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding are, together with such other uses as may be necessary to and compatible with light industrial surroundings. 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. Business services. (73) b. Communications - including telecommunication towers - subject to the standards of Section 7.10.23. (48) C. Construction services: (1) Building construction - general contractors. (15) (2) Other construction - general contractors. (16) St. Lucie County Land Development Code 3:27 Adopted May 19, 2009 ZONING DISTRICTS 3.01.03 (12) Electronic and other electrical equipment and components, except computer equipment: (a) Household appliances. (363) (b) Electric lighting and wiring equipment. (364) (c) Household audio and video equipment. (365) (d) Communications equipment. (366) (e) Electronic components and accessories. (367) (f) Misc. electrical machinery equipment and supplies. (369) (13) Measuring, analyzing and controlling instruments. (38) (14) Photographic, medical and optical goods. (38) (15) Watches and clocks. (38) (16) Misc. manufacturing industries: (a) Jewelry, silverware, and platedware. (391) (b) Musical instruments and parts. (393) (c) Dolls, toys, games and sporting goods. (394) (d) Pens, pencils, and other office and artists' materials. (395) (e) Costume jewelry, costume novelties, and notions. (396) (f) Brooms and brushes. (3991) (g) Signs and advertising displays. (3993) (h) Morticians goods. (3995) (i) Manufacturing industries, NEC. (3999) (17) Plastic products - fabrication, molding, cutting, extrusion, and injection processing. (308) i. Marinas. (4493) j. Millwork and structural wood members. (243) k. Motion pictures. (78) 1. Motor freight transportation and warehousing. (42) in. Repair services: (1) Automotive and automotive parking. (75) (2) Electrical. (762) (3) Watch, clock and jewelry repair. (763) (4) Reupholstery and furniture repair. (764) (5) Misc. repairs and services. (769) n. Retail trade: (1) Lumber and other building materials. (521) (2) Paint, glass and wallpaper. (523) St. Lucie County Land Development Code 3:29 Adopted May 19, 2009 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE (3) Hardware. (525) (4) Nurseries, lawn and garden supplies. (526) (5) Mobile home dealers. (527) (6) Automotive/boat/RV/motorcycle dealers. (55) (7) Gasoline service. (55) (8) Furniture and furnishings. (57) o. Research, development, and testing services. (873) P. Ship, boat building and repairing - less than forty-five (45) ft. (373) q. Sorting, grading and packaging services - citrus/vegetables. (0723) r. Vocational Schools. (824) S. Wholesale trade - durable goods: (1) Motor vehicle and automotive equipment. (501) (2) Furniture and home furnishings.(502) (3) Lumber and other building materials. (503) (4) Professional and commercial equipment/supplies. (504) (5) Metals and minerals except petroleum. (505) (6) Electrical goods. (506) (71) Hardware, plumbing and heating equipment, and supplies. (507) (8) Machinery, equipment, and supplies. (508) (9) Misc. durable goods: (a) Sporting and recreational goods. (5091) (b) Toys and hobby goods. (5092) (c) Jewelry, watches, precious stones and metals. (5094) (d) Durable goods NEC. (5099) t. Wholesale trade - nondurable goods: (1) Paper and paper products. (511) (2) Drugs. (512) (3) Dry goods and apparel. (513) (4) Groceries and related products. (514) (5) Farm products - raw materials. (515) (6) Chemicals, and allied products. (516) (7) Beer, wine, and distilled alcoholic beverages. (518) (8) Misc. nondurable goods: (a) Farm supplies. (5191) (b) Books, periodicals and newspapers. (5192) St. Lucie County Land Development Code 3:30 Adopted May 19, 2009 ZONING DISTRICTS 3.01.03 (c) Flowers, nursery stock and florists' supplies. (5193) (d) Tobacco/tobacco products. (5194) (e) Paints, varnishes and supplies. (5198) (f) Nondurable goods, NEC. (5199) U. Mobile food vendors. (999) V. Single family detached dwelling units provided that the single family dwelling unit is located on an existing lot or parcel or record, as further defined in this Code, that was existing on or before August 1, 1990. (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, Offstreet Parking and Loading Requirements. Offstreet parking and loading require- ments are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses: a. Airports, landing and takeoff fields - general aviation. (4581) b. Manufacturing: (1) Cut stone and stone products. (328) (2) Motorcycles, bicycles, and parts. (375) (3) Wood containers, wood buildings and mobile homes. (244/245) C. Ship, boat building and repairing (excluding ship or boat salvaging) - forty-five (45) to one hundred fifty (150) ft. (373) d. Wholesale: (1) Petroleum bulk stations and terminals. e. Scrap and waste materials - subject to the provisions of Section 7.10.12.A. 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. Co -generation facilities. (999) b. Fueling facilities. (999) C. Industrial wastewater disposal. (999) d. One detached single-family dwelling or mobile home for on -site security purposes per property. (999) e. Retail trade accessory to the primary manufacturing or wholesaling use. (999) St. Lucie County Land Adopted Development o a nt ode 3:31 a V1 00 00 Ln m 1O I, M Ln � �+ N N T o l0 O N M r-1 V) 00' LD M l0 M W N 00 rl n M 00 Tr Tt v1 V1 Ln '-c 0) N Ln Um N N .-1 Ln 01 N N 00 LD ct 'c7 r-c LO 00 Ln w rl fn w fV N l0 m m O O. pM ct O V qtV l0 00 00 et I, l0 Ln N O t R M� Kf V M N �� V �1 M M M M M M M M M M m M M M M M N� M m UIU- LLILLILLI LLI w�LLILL II.LIwIwILLI LLILLI LLI LLI LLILL C �0 m 0) N w c W O1 O1 O) > L L - Y" O u 0) O mw a) 0) 00 0) m N O) co O) O) G1 N O) O/ o a-0 0_ a .c d J a d L m a a 0_ a a m 0`UJ o f E t t— o 0 0 o v o o °J o 0 0 0 o v LL p_ LL LL� LL LL 0 LL Z> Li LO LL LA- L.L > LYL 'y O O 3 V) st m J J C o cu f -p '° v c c N w v c v cc > m N Q a V J > > a a.+ Ln Q Ln ar v E 00 �' o v ,_� m v o p Q C C m f0 00 E cC 00 m m C C N C OJ 3 J J U y c Ln m v) LL LA w� 2 w O >> x O> O o m " O Ln " LD 0) 00 LO Ln O O .-+ Opp l0 Q a 0 0-0 Ln 00 ti 00 LO 0) N M .--I O O I� M O N co .--� H O O a 01 Q1 01 O n O N ti M Ln M .--I a n .--� N N V 0. " LL � N C C � mp O � 0 Q p 7 v Q O C N � N E Q ri m J L L L) ► C > GI (0 C C E Q) y O m S m � L E c a E u ` m o a c U. c = o �^ ` d a01i y m 3 s cu c E a c 0 O U U m �' rl Y O w O O a N Q _ V m U J J � Q o C m 0 EE 0, m u u J U O m a C a) J J 01 a01+ p � wcn _v Q) u C >• U J > 41 u O > d m 3 a a cu >> J m-0 Vf Q CJ in C cu O c 0 p c m c E m � O - w m U J a s> o 0 Q w 3 c v v Ln r`o x LL i m v J J c U a O Q Q Q CO m m U 0 LL 0.V LL C7 U' C Z Ln Ln Ln Q .J O p O a Oi N Ln O 00 O 00 N .--1 O LD O O 00 Q 0 O 0 O 0 O 0 O 0 O 0 ti 0 0 0 0 0 0 0 0 0 0 0 0 0 L-a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O w E � N ry O O O O O .1 O O O ti O N O a o0 0~ M m o to O 0 0 0 0 0 0 0 0 ti 0 O 0 N 0 O 0 O 0 O 0 O 0 O 0 O 0 C w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N 0 O O N r1 e q M N O M .-1 N O M O O -q 'i O O +' cD M N N '-4 .--1 '-1 M r- r-1 N -4 N N N O 1� a m N .-1 O� i� a M 0 ca aL j O O rl '-1 '-1 14 ti N O O O eti 0 0 .--I 0 1� 0 .--I r-1 '� C m m a M T m v m c m a m a m a m v m m m m m m M m m C. v Q Or a .- .-i -� -, v v v a a v a v a a w r-1 ,� .4 .1 ,--r -4 -4 � � � � a a Public Hearing Date: May 11, 2010 Location: BOCC Chambers SLC Admin Annex, 2300 Virginia Avenue, Ft Pierce, Florida 34982 Time: 9:00 AM Applicant Airport Road Development, LLC Property Location St. Lucie Boulevard, approxi- mately 1.5 miles east of Kings Highway, opposite the St. Lucie County International Airport. Zoning IL (Industrial, Light) Future Land Use IND (Industrial) G N � Indno R\ Subjei. p,a{-SY' St Lucie Blv � u, 2 a Z s an a Ave Oran •� �: N Ave _ m N fP " c �. rrglnia Av n Y � N PUBLIC HEARING NOTICE Airport Park of Commerce BCC 520081471 DVA 10-001 Airport Road Development, LLC (Airport Park of Commerce) EANNA LN / e I P4N AM aWVD U RVP� rAILbMm-OR aaE . 5------------- IL - Jr C CrG I CG11 �T LU IE l�C e 1 , CG CG _' 1 - IL ILIA IL IL ---------- - --- Ix i Zoning !� subject property co - comn. c .e Rs -a - Res de- s nob F­11 la 1­1 v '� IL Indurtt Lgh R•JF- Recreations. Je ck %erk n IX Indiar E 1 U-:;1Nites L- - � 500 ft. notification area RMH 5 R Idetrtsl Mo61 Rome Map crea;rod Mere P. zo-.s Project Location: St. Lucie Boulevard, approximately 1.5 miles east of Kings Highway, opposite the St. Lucie County International Airport. Public Hearing Description Airport Road Development LLC is requesting a Development Agreement that will extend the expiration date of the Airport Park of Com- merce Major Site Plan and provide for amended conditions and requirements to ad- dress off -site roadway impacts. The purpose of this request is to allow an ex- tension of time to develop a 32 lot industrial subdivision, known as Airport Park of Com- merce. Prior to the expiration of the site plan, the applicant submitted a written request for a site plan extension. The application included an updated traffic analysis that identified defi- ciencies in the level of service along Kings Highway that would require improvements to the road system to comply with concurrency management requirements. The deficiencies are addressed through provisions for a propor- tionate fair share payment for the required improvements. Staff Recommendation Board authorization to schedule the second public hearing for DVA 10-001 at 6pm, or as soon thereafter as possible, on June 1, 2010. The St. Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility. The Board of County Commissioners strongly encourages your input and com- ment at the public hearing. You may also mail or email written comments in advance of the public hearing for inclusion in the official record regarding this proceeding. Further details are available in the Planning and Development Services Department —please contact: Staff Diana Waite Tel. 772-462-1577 Email waited@stiucieco,org Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 B12 • SCRIPPS TREASURE COAST NEWSPAPERS • MONDAT,, MAY 3. 2010 • SL M W IN- Cn N Ifi 0 X M LL O ML O m W H W W O LL .WF� W fn W a" H CONDO COIN`I'ERSION PROBLEMS? Did you buy a unit at an aparbnent complex that was converted into condominiums after 2005? If so, we'd like to bear from you and possibly feature you in a story, Send a brief svnopsiS of vour situation to TCPahn.com' submit or to nadia.vanderhoof�dkcripps.com or melissa.holsmanCaascripps.com. Include your name, telephone number and the best time to call. VOLUNTEER OPPORTUNITIES DATED ITEMS grecaveyviluge.olg Gwre ion a l Lkem Prevention of Child Abuse: Program: VOM[eer irsinng Held lc al chid abuse prauentxil Ages 19 N.W. UniVe n charities tin ireaSlre Coast (I'21 81VA., Suite 500. Port SU Luae, 532 5132; nalwaleachangeolllb. 9 a.m., May 4. Retartetiorl: (772) org 871-7225' gua"Thanedshem.Org. Learn To head of St. Lucie COMPUTERS CCourlt)n LAOrs for IHareoyand Esa lumrs to De tlaIned to Computers: ea Tch classesP "1 adults learn tD read a team word prxessing. sending a -ma 1 in Spanish at St. Joseph CatfroY - St English. Lum t0 Read Office, W9 Nuppg (7M) 33Caft; DeMWRre A. Fora Pierce.9a. m.' 7 Dim., MAY 15. Ages 18t. (772) ne5onm ;Encetyllyaud .yam. d64 2747, IearmorPads,c@aol.com GARDENING ANIMALS Growing Healthy Rids: Help All -Pet Rescw: Foster eedetl ilm building garden man installing Pro-. hwne�soi t for Bernals. Apply SIGN, 5.^ Ccan. menmrg. (772) 453 M13. Humane Society of St Lucie CourTty: Sneaer help, Ad sae HABITAT FOR HUMANITY ENGSI cull alNET (772J 461-0687 St. Lucia: County Habitat ext. -24. for Humanity: wpmer, soup, Marine mWm rcn,1Ris p1r1`1 t 11 FoSmithsnnlan Ecosystems Exhib -17, a y@ Aquarium Interpreter t0 asyst snuciehabaacorg. pubfe at touch tank. Also fearing mdr itormg ealrAfter aquas. Ages HEALTH 18*, 420 Seaway Dr Fort Pierce. Criala tine Volunteers needed ryanc@s;.edu,(772) 4653271. tO Help"m Leleprone counseling, referral line. (7M) 4631475. ATTRACTIONS Mended Hearts Chapter Florida Oceanographic 235 Patient Slpport organi2 _ Coastal Center: Puns for people affected by heart education. Flora Dcearmgrap, disuse. (772) 794. 3930. Suzy S-at), 890 N-E. Ocean &vo., stoeckel@gwi.com Stuart (772) 225-0505 Bit. 1D6: Palms of StLucieWest: fbracceanagr pIR-rg. Ac1rVRes Help mr ass ste """ Heethcote Botanical Gardens: 210 Sa amen senors, AtTaimKs yes dams. '01 HW Czshmere Bbd.. St. L roe Hoed, Fort parce, 9 a.m.r100n, West. (772) 344-7441. Wedneadaya. (772)46A.4672' Treasure C asH aplce heamcotabotxr4calgardene.org OyHce Work, m iTs tD HospcB Port St. Lucie BoWlcal Gardens: VoMmaers needed. rouses In St. LuciaLuciac Marm, Okgodrobee counties. (772) ACT. 2410 SE. W"Imb l T" Blvd,. 6430. Pon St Lucre. (772) 337-195S, palbotalucalgandem.11 LANGUAGES Road tp Victory BBflRary Tutors: In English. Sjx rNsh. Mweum. 3t9 Styprra, n Ave., H smanics r Action. SYuaR. (772)692-0302.1DnP@ specMRorcels.cm nelsorvnercha catO@jbnN.com. MUSIC CHILRENITE►curt sit' LucieCo unity rt Bares M 5 Ins .Port St LIIde C v; Canter. "DOE*". E. Civw Center, Port SE Lucie. 6:30-8:30 pm Thursdays. (772) 871 2863_ Services: 8432 S. Federal liigtrway. Port St Lucie: 5569 HE OTHER Federal Highway Port Salerno. American Red Cross: ( 7'1)M-22h. E% hange Club CASTLE Gsaster Elilretch S-mamr Clarice, IT support data entry d ra hurricane arafta's, n sier relief (77) 287 TOOT; clapDookng. PVefrt plannngJ dirvol@martnrelicrb s org. support Vchuntee s. 1215 OM Dix Vivo BEBLh 3525 Mid American Red Cro No R d, FortPierce 3811 S E. Duie Treasure Coast Chapter Preparedness daas4: spouse, H gnway Snan. (772) 56 57111 speazl events n 5. Indian Imi, Ves@excl Inge sne org Guardian ad LMem/ R counties. 1 7) 562 2549' Guardians For New Futures: f M1678 7077 ntc red,^,ross org. Buys Bcuy and Girls pubs Voimfarguardbnsm advise Martin County: Club onfd prt, in the courts Ira - gprwideo. indan Rryer S[ ptioraats, handymen, Mars, WGe Martin, OkeeGlobee. (P2) err prolens (772 5451251, Eaecutive Service Corps of 7B568A4' gTM4Mds.Org Hope Cbset 4 Children' the Treasure C t Work Vpurae 10 Sort,ling SIGAEA g. ah rGCPmfh agencies Martin, St. Lucia DMeechobee I than River st ckemb. NI+ILIeidaYs A Counties Re Fla cos setter, miss try of Grace Way Village, 17B0 Hartman eum hodde rn_e' lurnears-.% Road,Fort A,-(772) 925.3074 Bat 2. Hopesclosatig (772)220i472, NeW a New PAIN' { y J0 i 's Eagr O �I jWN( Qeo AUTO PAINT MaNlne a But. Sanie4�$24 �Cal 19-5ud•Cem f4Mr 3 Yr, w.meiy • 1 Tc Fa4e 485-0073 W z- FfORDA 539 s. Markel Ave • Pierce 41 �T ! Bail I ela•Y Snb H Farms• M.n•l n4. J'AINTµ7G' F' iN ekrYa Ywa Pw st. l,Ne MOMAY - FRIDAY. 1:000.5:30PM UMRDAy. a B:NAM • 12:OgPM ONDIfM B !MWJM . ►FRNNN giETRgg{ 'APHRIBB -: g1Ey11111N �tfB11GERA6TIgA �.qR.E � CITY OF ; PIERCE, FLORIDA,'AN OADINANCf AdnreulAA Pea, I Or MO-CE Ali AnlheiNNw- FORT PEACE actm m of A pro-.. ENTITLED 'PERMIT OF THE CITY COM NOTICE ED Dose. Ho Hance'. FEES', AMENDING MISSION OF THEIYOU APE NOTIFIEDI.TD. SPXNDI LYNN np RDPOSEO Or. Rrn me sump SECTION 9-441I I11, CITY OF FORT! Mal an action H.A. GONSAL c5 A RESOLUTION 11p ORDINANCE lee di ... ...pec�! GREEN MAP KET PIERCE. FLORIDA,,i peen filed apeinsl Ademes Unrrrrown R251 TO GRANT A ve1V Iry the eI1VI. F E E S A N 0 AMENDING APTI,, you .Ind You are re I. SPECIAL RANTEXCEA Tne CrIy HCom m'rc - N,II Com mi.siSB AMENDING SED CLE II, CNAPT A' 9,, pulled to ce,r..'YDU ARE NOTIFIED TION USE TO SEC - e,on a c y Cn, b 100. TION 9<4111 JI BY BUSINESS TAX' on M1as T 0 Fwl P'e % d Pj US F n. ADDING FEES FOR. A M E N D I N GI G( u.rR an b Bled a .h.•' 158.1241C11141 0`: purcum n C,ry Piers A. d id". AMPHITHEATER SECTION e.30 VINLB BOEN 9 CM1anor d FI d ,,Ammo ,n xled. EVENTS; flEPEAI FEES, i0 PROVIDE ROUT ENT P ad c rou tie re THE ZONING CODA Sle la II n ING ORDINANCES F 0 A A E ertu H Hal SW L ''. R D }Year w.� PHARMACY DRIVE Monde M 1 N OPDINANCE, OP PARTS OF OR. INCREASE IN aUs BM LANE, PORTS M p.M 1P ' THROUGH IN THE 20t0. enE M -Of THE GTV COM CINANCES IN NESS TAX FEES-IUClE Fl 349B MARK MATNE-CG IGENEPAL 2010.II MISSION OF THE', CONFLICT HERE FOR BUSINESSES. b lem .0 3 NA, wnpa<aeeres< COMMERCIA LI a he- Bc'.. CITY Dr FOR WITH: PROVIDING PROFESSIONS, ORI 2 N. Ine Ill a N ,3 K AdlSTAZDNINGOACI sMrcn ESB . 6:30 PIERCE, FLOg10A,'. FOR AN EFFECTIVE OGCUPATIONS:I original w;th Ih. LOWER AVE., PORT p.,n., Fold PL blic, AMENDING CHAP.I DATE." REPEALING ALL; FMk d No Goon ar,i Si. LUCIE. R 3a963 LEGAL DES CRIP TEP 9, ARTICLE XV! ORDINANCES OR, Si Lucre DIX,k or m m oelwe June 3. TION: Tract 'P- OF THE CODE OF al intsruted pan ee PARTS THEREOF C . P.O. BP )00. 2 N. and - ry rtlrrq lc the N. OPDI NANCES DA maY aPpea , the IN CONFLICT' F P- a FL. w' n h - PPrr S. THE Liv Of FORT'. Pub < H.er Ina- H E R E W I T H 3195, I u A l NN GAI$aClbr TTi Three no be H. p win PROVIDING FOR. P er Si. Lucre C.rL el as corder -n %a. n h AN EFFECTIVE 1 A,rAF C n, P.O. Boa )W Book is P.pen1 "Kid 11iii-no, DATE' i" De F Plerte FI a . 1AM,wgn IV IBIICEKBHiIRi#'. Slid w a b..a n mee ..n, I I b a4956. bN¢e Mrwtt Pubic Ae pv '1 bl i e mal -11D1 t a iAl! rw b' P -ion. a of S._ Lucre NOTICE OF PUBLIC HEARING a d' h e.ma d tl E IY IM1 N Gw , Al. '. ens M he Cry b 1, Wi- M r' O An L 6, Bod, T320 N.Pi nerebrglen h+.epp d need Cl ka OIL GIY E, P• C f d ill be en. Pnn S. Lucre Sec- Il M Help b11 h C P s H.P.00 Non 0 S. tl F h ,e p' i Ion 33. FI Id. In, L y' M TOO Al F mice, s" APoud ,e 1 d- n d dY 0 C A T O N 200 p.m. P St. Lune C Y X Y, 121 Florid.. ,no-. be rv,1 Nn era nn4 le ,!. in the �NHbn Non.- rorne: of Smanw.n Pat S. Boulwartl. Pon'. ode for E the Cbrk IT Me CxCapiu If all sour: Becker Poatl enE PuI. L. fbr tle 34994, to h purport ZANY PERSON SEEK n the ClysClerk C a is Ir..P SI. Lune aoulw ruew p Don�hd G dp; ING TO APPEAL' ON.,City Hal IOU Fll.di q plus., h C' l THE DECISION OF Nonh US. Al Fc A ,P YP d to THE GTY COAIMS a< vNLITY APPLICANT. Boos of the Gry P S IUFN FI d Re Pe,ce F D, tle. p h CM k GI- DevNopm,nl Inc. urN F F- R tie aP s riu S'ON AS TO THE N Y P E R S 0 IY - •11 h C (ce'FILE ADMIRER: p09 trill. H hh Ind Sera tt Un w,�'. FOREGOING Is All BEE KING TO AP C rk N the C cu I You m s w B6 A V.¢na one Gene TMmpy IP.PAe VISED THAT A RE PEA'. THE OECI Co." i .1F.IP non.'. r a. documents 'lourid' Corp. Prdlenl, in ou or more ee- :. CORD OF PA O- SION OF THE CITY.. R.d of your ..... nt., Ine cM ppr.pate primp of CEEDINGS IS RE COMMISSION AS ee c<. (YPu.k 'C 1 he bows tl f66,DOp,OpO Al 5 20 0 DUIfl ED IN ANY TO THE FOREGO'. fi No- of Cu G k e Crcun bun ep M'I- me series zOtO Bo PPPAd n`Me o ReuwC I., Me Purpose, oBe�ne n SUCH APPEAL ING IS AOVISEO Ad Fbrida Su Cour.s olfitt not ,n the CyGerl's e 'I�Me morreya, m GI Pruvrde a ANC THAT SUCH THAT A PEc AD' peme Cwn Apprm�. fie0 of roar current pfiu eM tie mil All tP OrepA: HaN1H ,Ind Screntt Uni- PEP 5 0 N MAY OF Pq OLEEDING51 ¢ Fmrh' Lew Form ad «. you mu able for public in- ) Va¢me wtl Gene Therapy Innr NEED TO INB URE IS REQUIRED IN t2.s15 . fu;u,e pe'i file NPIx. d [urrenr a lion. Mond•y I_ Flwipa Cor0. IMe 'Boreowai I Io li- THAT A VERBATIM ANY SUCH APPEAL'I pars in this Mwuit Ader<ee, Fbrida Su t rou H Ft., C mEuru the mu of AFFul,ition RECORD OF PRO- AND THAT SUCH'. mill h m.iN! ro! ApplPr- P gtne Mum of Pan she I,c de,cribetl bNawi one iM he name Cwn txeen ac �u,chion. 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THE TESTIMONY kc a gPN1NC: P ND Pp,pM nus `conMrantt room •FOOK folk. d AND EVIDENCE I 12B5 IFEby, CM. etl vupPon aveema M giwk CMsantlre steee UPON WHICH THE d } l q Pro lad m A-11'vdranrucrmnnpm eb C4r CIVL APPEAL IS TO BE f e p uu, w9 be mace of tM p .to toBNhe,wMoutl ro BASED. - or fi 1 e iPub1M: MeY 3 T010 c�f u- ArccgrQngmHour, pr.ur Pr pAnf �W P by lice d2141A3 '.:A Caanndra SNde rctikp d'Mormawn wlq mar PiTo 14 M d p he fi ndl q 1 I CCY CIA,-. 1 Al ,meN m denpw mp K M,mn .1 OF I Dead: Aprl 23. 2010 IHmuph M'rrmAPEEE.-I I eI7r'.1 aPneloeres 1 e FORTPIERCE'hut-May32D10I "nGpy' 'cued herNn wet be tnv . h n I d NOTICE OF 2144'f52 CLERK OF THE d I or st " B PA, iw r,v4 enl IOW A S 20 0 BA.,1 I ,1 PROPOSED CnCUIT COURTd ON, < verbnim ramie Pre S•r�n 2U10 FAI, dds. Lino P to ORDINANCE BY KAHly At. -cy -Gas d. Apn Ya, 20 . d Mw last -,Y no Ee owmed by Me Borrower 'HE Tne Pre DewlY cbrt' v tl•nc. AT s.0 Pro - do of the Sit— MTO Bon 'l be " JOSEPI E SMITH m. 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Parr S;..L" -- 04 COUNTY F L Q R I D A Planning and Development Services Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Directo� Kara Wood, Planning Manager T FROM: Diana Waite, AICP, Senior Planner 0421 DATE: May 10, 2010 SUBJECT: Development Agreement - Airport Road Development, LLC ITEM NO. VII-A Background: This memo and the attached Environmental Resources Department (ERD) Final Report is provided as a supplement to your May 11, 2010 agenda package, Item VII-A. Following transmittal of the agenda packet for your review, staff found that page two of the ERD Final Report was missing from the package. The two page ERD Final Report is attached for your review. Please accept our apologies for the oversight. Environmental Resourcell Department Final Report TO: Diana Waite, Growth Management Department THROUGH: Karen Smith, Environmental Resources Department Director FROM: Yvette Alger, Environmental Resources Department Amy Mott, Environmental Regulations Division Manager DATE: March 18, 2010 SUBJECT: Airport Park of Commerce Development Agreement Backaround The applicant proposes to construct a 32-lot industrial subdivision on a 37.85-acre parcel located on the south side of St. Lucie Boulevard, approximately one-half mile west of North 25th Street. The Major Site Plan was originally approved in June 2006 per Resolution No. 06-163, and was set to expire on June 13, 2008, unless a building permit was issued or an extension was granted in accordance with St. Lucie County Land Development Code (LDC) Section 11.02.06.6.3. Prior to site plan expiration, the applicant requested a site plan extension and subsequently requested the proposed Development Agreement. No conservation easement was required as part of the prior approval. The site is a former sand mine area, mostly vegetated with nuisance, non- native species, with a lake and areas of bare sand. No tree impacts are proposed during development of site infrastructure; tree mitigation within individual lots will be addressed as each lot is developed. St. Lucie County Comprehensive Plan Policy 8.1,12.5 requires listed species surveys in cases where site clearing activities are proposed within the known range of endangered or threatened species or where such species are expected to occur based upon habitat suitability and species' ranges. The subject site lies within a scrub jay habitat and associated habitat buffer as defined by the US Fish and Wildlife Service (FWS); the site is also suitable for gopher tortoises. -- __-Findings The Development Agreement includes conditions of approval requiring listed species surveys, federal/state permits, a revised landscape plan, detailed lot -level development plans, and landscaping/mitigation Improvement Agreements. With the incorporation of 0 Environmental Resources Department Final Repprt Airport Park of Commerce Development Agreement March 18, 2010 these conditions of approval, ERD finds that the proposed Development Agreement appropriately addresses environmental issues. Recommendations Staff supports the recommendation of approval of the Airport Park of Commerce Development Agreement. -2- AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VII-B Date: May 11, 2010 Regular[ ] Public Hearing [X] Consent[ ] PRESENTED BY: Heather Young`v Assistant County Attorney SUBJECT: Ordinance No.10-017 - Amending Chapter 1-17 (Roads and Bridges) to Establish New Procedures for the Creation and Administration of Street Lighting Improvement Services District BACKGROUND: See C.A. No. 10-0557 FUNDS AVAIL.: (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt proposed Ordinance No. 10-017 as drafted. COMMISSION ACTION: �Q APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures County Attorney: M t. & Budget: M Purchasing: 9 9 : g Danie cI ��-m Marie Gouin Originating Dept.: � � Other : Other Donald West Finance (Check for Copy only, if applicable): TO: FROM: C.A. NO: DATE: INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA Board of County Commissioners Heather Young, Assistant County Attorney 10-0557 April28, 2010 SUBJECT: Ordinance No. 10-017 - Amending Chapter 1-17 (Roads and Bridges) to Establish New Procedures for the Creation and Administration of Street Lighting Improvement Services District BACKGROUND: Attached to this memorandum is a copy of proposed Ordinance No. 10-017 which would amend Chapter 1-17 (Roads and Bridges) of the Code of Ordinances and Compiled Laws to provide a single, unified procedure for the creation and administration of Street Lighting Improvement Services District.. Under the proposed ordinance, the method of assessment for these improvements would shift to a non ad valorem assessment for all properties benefitted by the services provided. The annual assessment rate for each district would be established by the Board through the adoption of an annual assessment resolution based upon the cost of the service. In addition to establishing the procedure for creation of new street lighting districts, the ordinance also provides that all existing street lighting districts shall remain in effect. Notice of the May 11, 2010 public hearing was published in the St. Lucie New Tribune on May 1, 2010. RECOMMENDATION/CONCLUSION : Staff recommends adoption of proposed Ordinance No. 10-017 as drafted. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Management and Budget Director MSBU Assistant ORDINANCE NO. 10-017 AN ORDINANCE AMENDING CHAPTER 1-17 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA BY CREATING ARTICLE VI (STREET LIGHTING SPECIAL IMPROVEMENT SERVICE DISTRICTS) THEREUNDER TO PROVIDE A PROCEDURE FOR THE LEVY OF SPECIAL ASSESSMENTS UPON THE REAL PROPERTY BENEFITED BY STREET LIGHTING SERVICES, IMPROVEMENTS AND FACILITIES; RATIFYING AND CONFIRMING THE EXISTENCE OF PREVIOUSLY ESTABLISHED DISTRICTS; CREATING SECTION 1-17- 70 (CREATION AUTHORIZED); CREATING SECTION 1- 17-71 (PREVIOUSLY ESTABLISHED SPECIAL IMPROVEMENT SERVICE DISTRICTS); CREATING SECTION 1-17-72 (DEFINITIONS); CREATING SECTION 1-17-73 (CREATION OF DISTRICTS); CREATING SECTION 1-17-74 (INITIAL ASSESSMENT RESOLUTION); CREATING SECTION 1-17-75 (ASSESSMENT ROLL); SECTION 1-17-76 (NOTICE BY PUBLICATION); CREATING SECTION 1-17-77 (NOTICE BY MAIL); CREATING SECTION 1-17-78 (PUBLIC HEARING; ADOPTION OF FINAL ASSESSMENT RESOLUTION); CREATING SECTION 1-17-79 (ANNUAL ASSESSMENT RESOLUTION); CREATING SECTION 1- 17-80 (EFFECT OF ASSESSMENT RESOLUTIONS); CREATING SECTION 1-17-81 (METHOD OF COLLECTION); CREATING SECTION 1-17-82 (ADMINISTRATION AND COLLECTION COSTS); CREATING SECTION 1-17-83 (MUNICIPAL SERVICE TAXING AND BENEFIT UNITS); CREATING SECTION 1-17-84 (ANNEXATION); PROVIDING FOR CONFLICTING PROVISIONS AND REPEAL OF ARTICLE II, CHAPTER 1-17 AND ARTICLE II, CHAPTER 2-16; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. 11 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Code of Ordinances of St. Lucie County, Florida (the "County Code") contains two separate articles providing for the establishment of special improvement service districts and the imposition of special assessments therein to fund the delivery of street lighting services, improvements and facilities, such articles being Article II, Chapter 1-17 and Article II, Chapter 2-16. Accordingly, procedures for establishing such districts appear in different articles and chapters of the County Code. 2. In order to update its current approach to the establishment of special improvement service districts and to avoid potential errors and inconsistencies arising by virtue of having multiple provisions of the County Code describing procedures for the creation of such districts, and for convenience of reference, the Board deems it advisable to supersede and repeal such provisions and to provide hereby a single, unified procedure governing the creation of special improvement services districts and the imposition therein of special assessments to fund street lighting services. 3 Article VIII, section 1 of the Florida Constitution and Sections 125.01 and 125.66, Florida Statutes, grant to the Board all powers of local self-government to perform county functions and to render services for county purposes in a manner not inconsistent with general or special law approved by vote of the electors, and such power may be exercised by the enactment of county ordinances. 4. The Assessments authorized herein shall constitute non -ad valorem assessments within the meaning and intent of the Uniform Assessment Collection Act as defined herein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, as follows: PART A. Article II. (SPECIAL IMPROVEMENT SERVICE DISTRICT) of Chapter 1- 17 (Roads and Bridge) is hereby repealed as follows: ARTICLE II. RESERVED SPECIAL !MPROVEMENT 9ER;gCz nj=Sq:RT=C 2 Y. Mal • • • Y. Im'-will - _ - - • r_ - - -M- Ms. - W.- - 3 Y. Y_ - _ • r_ PART B. Article VI (Street Lighting Special Improvement Service Districts) of Chapter 1-17 (Roads and Bridges) is hereby created by adding Sections 1-17-70 through 1-17-84 to read as follows: ARTICLE VI. RESERVED STREET LIGHTING SPECIAL IMPROVEMENT SERVICE DISTRICTS SECTION 1-17-70. CREATION AUTHORIZED Special improvement service districts may be created and established in unincorporated areas of the county under the provisions of this ordinance for the purpose of acquiring leasing or installing street lighting equipment and for the payment of electrical services and current used in the operation of the same. SECTION 1-17-71. PREVIOUSLY ESTABLISHED SPECIAL IMPROVEMENT SERVICE DISTRICTS. (A) The Board hereby ratifies and confirms the existence of any special improvement service districts previously established for purposes of funding the delivery of street lighting improvements, facilities and service each of which shall constitute a District hereunder. Approval of the annual Assessment Roll for such previously established Districts may be effectuated through adoption of an Annual Assessment Resolution as provided for in Section 1-17-79 hereof. (B) Any resolutions previously adopted pursuant to Article II Chapter 1-17 and Article II Chapter 2 16 including any Resolution of Intent any special assessments imposed under such resolutions and any notice of an assessment given pursuant to such resolutions shall remain in full force and effect The annual special assessments for any previously established special improvement service district may be approved through adoption of an Annual Assessment Resolution as provided for in Section 1-17- 79 hereof. It is the express intent of the Board in enacting this ordinance to update and consolidate the procedures for establishing special improvement service districts in order to provide a single unified procedure and nothing herein shall be construed to disrupt alter or nullify any existing_ special assessments previously imposed by the Board within an existing special improvement service district. SECTION 1-17-72 DEFINITIONS When used in this ordinance, the following terms shall have the following meanings unless the context clearly equires otherwise: "Annual Assessment Resolution" means the resolution described in Section 1- 17-79 hereof, a�p� one or more Assessment Rolls for a specific Fiscal Year. "Assessment" means a special assessment imposed by the Board pursuant to this ordinance to fund the cost of providing Street Lighting Services. The term "Assessment" and the reference to non -ad valorem assessments herein means those assessments which are not based upon millage and which can become a lien against a homestead as permitted by Article X Section 4 of the Florida Constitution. "Assessment Coordinator" means the County Engineer or such person's designee. "Assessment Roll" means the special assessment roll relating to Street Lighting Services containing the information specified in Section 1-17-75 hereof, approved by a Final Assessment Resolution or an Annual Assessment Resolution. "Assessment Unit" means the apportionment unit utilized to determine the Assessment for each parcel of property. "Board" means the Board of County Commissioners of St. Lucie County, Florida. VA "County" means St Lucie County, Florida. "District" means a special improvement service district created by resolution of the Board hereunder formurposes of providing_and funding Street Lighting Services. "Final Assessment Resolution" means the resolution described in Section 1-17-78 hereof, which shall confirm modify or repeal the Initial Assessment Resolution and which shall be the final proceeding for the imposition of anAssessment. "Fiscal Year" means the period commencing_ on October 1 of each year and continuing through the following September 30 or such other period as may be prescribed by law as the Fiscal Year for the County. "Initial Assessment Resolution" means the resolution described in Section 1-17- 74 hereof, which shall be the initial proceeding for establishment of a District and the imposition therein of Assessments. "Resolution of Intent" means the resolution expressing the Board's intent to collect Assessments on the ad valorem tax bill required by the Uniform Assessment Collection Act. "Street Lighting Services" means the acquisition lease or installation of street lighting improvements facilities and equipment and the provision and payment of electrical services and current used in the operation of the same. "Uniform Assessment Collection Act" means sections 197.3632 and 197.3635, Florida Statutes or any successor statutes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem taxes and any applicable regulations promulgated thereunder. "Tax Roll" means the real property tax roll prepared and maintained by the County property_ appraiser for the purpose of the levy and collection of ad valorem taxes. SECTION 1-17-73. CREATION OF DISTRICTS. (A) The Board upon its own motion or upon written petition by a majority of the affected properly owners shall determine whether creation of a proposed District may be of special benefit to the real property located within the boundaries of such proposed District. B Property owners as referred to in this ordinance shall include any persons firm, partnership corporation, trust or other legal entity holding title to any property which would be liable for Assessments hereunder if said Assessments were made. The requirements for a maiority of such property owners as provided below shall mean no less than (i) fifty-one (51) percent of the owners . number where the Assessment against each owner is substantially equal or (ii) the owners of lands liable for fifty-one 51 er cent of the assessment where the prODosed assessment against each owner is not substantially equal For purposes hereof, substantially equal means a variance between the highest and lowest Assessment of not more than twenty (2ercent LC Initial petition Property owners may petition the Board for creation of a District. The Assessment Coordinator shall Drovide the Detition form to any interested person. Signatures on the petition and the fact of execution by a majority of such property owners shall be verified by the Assessment Coordinator upon the basis of information in the public records. Property owners may withdraw their names from the petition by providing the Assessment Coordinator with written notice of such withdrawal at any time prior to the public hearing established pursuant to Section 1 17 78 hereunder. Notwithstanding anything herein to the contra the Board may create a District on its own motion without the concurrence of fif -one 51 ercent of the proper owners. (E) Petition form. The form of petition referred to herein shall be approved by the county attorney as to legal form and sufficiency and shall require (i) a description of the proposed improvements or services (ii) a cost estimate for providing the proposed Street Lighting Services supplied by the applicable utility provider and (iii) a statement that the petitioners (a) request that the Street Lighting Services be provided (b) recognize that the determination of Assessments will be made by the Board at a public hearing, (c) agree to be assessed for the actual cost of the Street Lighting Services including allowable administrative and other incidental costs connected therewith and (d) agree to be assessed for the costs of preparing the plans specifications and cost estimates required for providing the Street Lighting Services in the event the such services are not approved (F) Priority of petitions and record keeping Petitions shall be numbered in the order in which thev are received The Assessment Coordinator shall maintain a tabulation of numbered petitions along with the dates of filing hearings, preliminary estimates and the final cost SECTION 1-17-74. INITIAL ASSESSMENT RESOLUTION. The initial proceeding for creation of a District and the imposition of Assessments therein shall be the Board's adoption of an Initial Assessment Resolution The Initial Assessment Resolution shall: (A) describe the boundaries of or real propety to be included within the 9 proposed District; (B) describe the Street Lighting Services proposed for funding from proceeds of the Assessments; (C) describe the proposed method of apportioning the cost of the Street Lighting Services among the parcels of property located within the District; (D) estimate the cost of providing the Street Lighting Services; (E) estimate the maximum amount of the annual Assessment and/or the maximum rate of assessment per Assessment Unit; and (F) direct preparation of an Assessment Roll for the proposed District. SECTION 1-17-75. ASSESSMENT ROLL. (A) Upon adoption of an Initial Assessment Resolution, the Assessment Coordinator shall prepare a preliminary Assessment Roll conforming to the requirements of the Uniform Assessment Collection Act and generally containing the following information: (1) a summary description of each parcel of property (conforming to the description contained on the Tax Roll) subject to the Assessment; (2) the name of the owner of record of each parcel as shown on the Tax Roll; (3) the number of Assessment Units attributable to each parcel; (4) the estimated maximum annual Assessment to become due in any Fiscal Year for each parcel; and (5) if applicable the estimated maximum annual Assessment to become due in any Fiscal Year for each Assessment Unit. (B) Copies of the Initial Assessment Resolution and the preliminary Assessment Roll shall be on file in the office of the Assessment Coordinator and open to public inspection The foregoing shall not be construed to require that the Assessment Roll be in printed form if the amount of the Assessment for each parcel of property can be determined by use of a computer terminal or otherwise accessible through the internet or similar data base. SECTION 1-17-76 NOTICE BY PUBLICATION. After preparation of the Assessment Roll as required by Section 1-17-75 hereof, the Assessment Coordinator shall publish once in a newspaper of general circulation within the County a notice stating that at a meeting of the Board on a certain day and hour, which meeting shall be a regular, adjourned or special meeting the Board will conduct a public hearing and hear objections of all interested persons to the imposition of the Assessments, adoption of the Final Assessment Resolution and approval of the Assessment Roll. The notice shall be published at least twenty (20) calendar days prior to the public hearing and shall conform to the requirements set forth in the Uniform Assessment Collection Act. 10 SECTION 1-17-77. NOTICE BY MAIL. In addition to the Published notice required by Section 1-17-76 hereof, the Assessment Coordinator shall Provide notice of the proposed Assessment by first class mail to the owner of each Parcel of property subiect to the Assessment. The mailed notice shall include an estimate of the maximum amount of the proposed Assessment and shall conform to the requirements set forth in the Uniform Assessment Collection Act. Notice shall be mailed at least twenty (20) calendar days prior to the hearing to each property owner at such address as is shown on the Tax Roll on the twentieth calendar day prior to the date of mailing Notice shall be deemed mailed upon delivery thereof to the possession of the U.S. Postal Service The Assessment Coordinator may provide proof of such notice by affidavit SECTION 1-17-78. PUBLIC HEARING• ADOPTION OF FINAL ASSESSMENT RESOLUTION. At the time named in such notice or to which an adioumment or continuance may be taken the Board shall conduct a public hearing and receive written objections and hear testimony of interested persons and may then or at any subsequent meeting of the Board adopt the Final Assessment Resolution which shall: (A) confirm, modify or repeal the Initial Assessment Resolution with such amendments, if any, as may be deemed appropriate by the Board; (B) confirm establishment of the District; (C) impose the Assessments; (D) establish the maximum amount of the Assessment imposed against each parcel of property subject to the Assessment; (E) confirm and finalize the Assessment Roll with such amendments as it deems just and right; and (F) determine the method of collecting the Assessments SECTION 1-17-79. ANNUAL ASSESSMENT RESOLUTION. (A) The Board shall adopt an Annual Assessment Resolution during its budget adoption process for each Fiscal Year in which Assessments will be imposed to approve the Assessment Roll for such Fiscal Year. The Final Assessment Resolution shall constitute the Annual Assessment Resolution for the initial Fiscal Year. The Assessment Roll, as prepared in accordance with the Initial Assessment Resolution and confirmed or amended by the Final Assessment Resolution shall be confirmed or amended by the Annual Assessment Resolution to reflect the cost of the Street Lighting Services to be paid by Assessments Failure to adopt the Annual Assessment Resolution during the budget adoption process may be cured at any time A single Annual Assessment Resolution may pprove the Assessment Roll for more than one District. 11 (B) Adoption of the Annual Assessment Resolution for each Fiscal Year shall not require notice or public hearing unless (i) the proposed Assessment for any parcel of property exceeds the maximum amount established in the notice provided pursuant to Section 1-17-77 hereof, (ii) an Assessment is imposed against property not previously subject thereto, or (iii) the Board desires to implement an alternative to the previously approved apportionment methodology, in which case the Board shall provide notice in accordance with Sections 1-17-76 and 1-17-77 hereof and conduct a public hearing prior to adoption of the Annual Assessment Resolution. In the case of an Annual Assessment Resolution which approves an Assessment against Droperty not previously subject thereto, notice and public hearing shall not be required if all owners of the newly affected property provide the Board with written consent to the imposition of the Assessment. (C) Notwithstanding anything herein to the contrary, the Annual Assessment Resolution may approve an increase in the amount of the Assessment imposed within any District by up to five (5) percent over the amount approved for the prior Fiscal Year without requiring notice and public hearing in order to meet cost of living or inflationary increases in the cost of providing the Street Lighting Services; provided however, that in no event shall the cumulative total of annual increases cause the Assessment to exceed by more than ten (10) percent the maximum amount described in the mailed notice under Section 1-17-77 without a further public hearing SECTION 1-17-80. EFFECT OF ASSESSMENT RESOLUTIONS The adoption of the Final Assessment Resolution or of an Annual Assessment Resolution requiring notice as provided. in Section 1-17-79 hereof shall be the final adjudication of the issues presented (including but not limited to creation of the District the apportionment methodology utilized for allocation of the Assessments among specially benefitted property, the rate of assessment, the maximum annual Assessment for each parcel the adoption of the Assessment Roll and the levy and lien of the Assessments) unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of the Board's adoption of such resolution The Assessments for the initial Fiscal Year shall be established upon adoption of the Final Assessment Resolution and for each subsequent Fiscal Year upon adoption of the Annual Assessment Resolution. If the Assessments are to be collected pursuant to the Uniform Assessment Collection Act, the Assessment Roll, as approved by the Annual Assessment Resolution shall be certified to the County tax collector. Assessments imposed hereunder constitute a lien against assessed property equal in rank and di pity with the liens of all state, county or municipal taxes and other non -ad valorem assessments and except as otherwise provided by law, such lien shall be superior in dimity to all other liens titles and claims until paid. 12 SECTION 1-17-81. METHOD OF COLLECTION. Unless directed otherwise by the Board, Assessments shall be collected pursuant to the Uniform Assessment Collection Act, and the County shall comply with all applicable provisions thereof, including but not limited to adopting a Resolution of Intent. The Assessment Roll for any Assessments collected pursuant to the Uniform Assessment Collection Act shall be certified to the County tax collector prior to September 15 each year. The Resolution of Intent may be adopted either prior to or following the Initial Assessment Resolution. Any hearing or notice required by, this ordinance may be combined with any other hearing or notice required by the Uniform Assessment Collection Act. SECTION 1-17-82. ADMINISTRATION AND COLLECTION COSTS. Assessments imposed hereunder may include an administrative and collection cost component to fund or otherwise reimburse the Country for expenses incurred in developing administering and maintaining Assessment programs authorized hereunder, including but not limited to publication and mailing expenses, legal and professional fees fees imposed by the County tax collector and County property appraiser pursuant to the Uniform Assessment Collection Act and amounts as necessary to account for any statutory prepayment discounts afforded by Chapter 197, Florida Statutes. SECTION 1-17-83. MUNICIPAL SERVICE TAXING AND BENEFIT UNITS. Any municipal service taxing unit or municipal service benefit unit established pursuant to Chapter 1-13.5 for purposes of providing street lighting services, improvements and facilities may be reconstituted as a District hereunder, provided the Board shall first give notice to the owners of real property located within the municipal service taxing unit or municipal service benefit unit and conduct a public hearing in accordance with the procedure set forth herein for establishment of a District. SECTION 1-17-84. ANNEXATION. Nothing herein shall prohibit the following actions within a District: (i) the continued delivery of Street Lighting Services, (ii) the imposition of special assessments to fund such services (iii) an increase in the rate of assessment or (iv) implementation of an alternative apportionment methodology if, subsequent to the creation and establishment of the District, some or all of the real property located therein is annexed into a municipality. PART C. CONFLICTING PROVISIONS; REPEALER. (A) Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. 13 (B) Article I1, Chapter 1-17 and Article II, Chapter 2-16 of the County Code of Ordinances are hereby superseded and repealed. Furthermore, all other ordinances or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. PART D. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Charles Grande XX Vice Chairman Doug Coward XX Commissioner Chris Craft XX Commissioner Chris Dzadovsky XX Commissioner Paula A. Lewis XX [Remainder of page intentionally left blank] 14 PART H. 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 C through H shall not be codified. PASSED AND DULY ENACTED this day of , 2010. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 15 ITEM NO. VIII DATE: 5/11/10 COUNTY • R I r A W. AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Donald B. West . SUBMITTED BY: Public Works - Administration Public Works Di ct SUBJECT: Harbour Branch Grant Application Letter of Support BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board Of County Commissioners approval of a letter of support for Harbour Branch Oceanographic Institute at FAU for the NOAA Sea Grant Aquaculture Research Program. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coord i nation/S is n atu res County Attorney ( X) OMB Director ( X ) Dan McIntyre Budget Analyst • Originating Dept. ( X) 0 Dona B. West ERD ( ) Marie Gouin Public Works Administration MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director110-1 THROUGH: James Oppenborn, Marine Resources Coordinator/ DATE: May 11, 2010 ' SUBJECT: Harbour Branch Grant Application Letter of Support ITEM NO.: Vill Backaround: The Harbor Branch Oceanographic Institute at FAU (HBOI) is one of the world's premier aquaculture research facilities. HBOI is applying for a grant from the NOAA Sea Grant Aquaculture Research Program to compare oyster growth on the County's 1 acre spoil island SL 18B oyster restoration site with oysters grown in an uplands aquaculture system. St. Lucie County will benefit from the proposed research by receiving information that may enhance restoration abilities and also by receiving oysters and vegetative materials for its restoration activities. HBOI has requested a letter of support for their application to this grants program. Recommendation: Board of County Commissioners approval of a letter of support for Harbour Branch Oceanographic Institute at FAU for the NOAA Sea Grant Aquaculture Research Program. BOARD OF COUNTY COMMISSIONERS May 10, 2010 Dr. Paul Wills Harbor Branch Oceanographic Institute at FAU 5600 US I North Fort Pierce, FL 34946 PUBLIC WORKS DEPARTMENT Re: NOAA Sea Grant Aquaculture Research Program 2010 - Pathways for Development of Marine Integrated Multi-Trophic Aquaculture in Land -Based Recirculating Aquaculture Systems for Sustainable Domestic Products Dear Dr. Wills, St. Lucie County supports the above -referenced project, which, upon completion of said project, will benefit the County by providing Eastern oysters (Crassostrea virginica), salt marsh plants, and possibly redfish (Scianops ocellatus) for use by the County in integrated coastal management. Said resources will help the County to restore Indian River Lagoon habitats which are an integral part of Ecosystem -based Fisheries Management. In addition to the innovative research that this project will accomplish with respect to enhanced restoration potential, this project will assist in the restoration of inshore habitats that will compliment the county's existing and planned oyster reefs, deepwater and shallow water Passive Fisheries Reserves, artificial reefs, and ontogenetic corridor. The Harbor Branch Oceanographic Institute (HBOI) continues to be a significant benefit to St. Lucie County in terms of its innovative research in the Treasure Coast and beyond, marine science education, and outreach; the proposed work would benefit regional environmental enhancement efforts in ecosystems such as the St. Lucie River Estuary and Indian River Lagoon and is also hoped to spur economic development by spawning new restoration methodologies and technologies. To assist the success of the proposed project, the County will allow the harvest of newly set oysters from the County's Spoil Island SL 18B oyster restoration project for use in the integrated aquaculture system. All harvest will be coordinated with the County's Marine Resource Coordinator so as not to alter the County's monitoring efforts and not to interfere with the Florida Oceanographic Society's larval seeding experiments, funded by the National Estuary Program and underway since July, 2009. HBOI researchers will compare growth and survival in the field with oysters in the aquaculture system to assess the potential for enhanced restoration. This project is an excellent example of Harbor Branch research yielding tangible benefits for the community, and on behalf of the St. Lucie County Commissioners, I hereby pledge our support and extend our best wishes for success. Sincerely, Charles Grande Chairman, St. Lucie County Board of County Commissioners 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. Ourlow, MPA 2300 Virginia Avenue • Fr. Pierce, FL 34982 Public Works: (772) 462-1485 • FAX (772) 462-2268 Division of Engineering: (772) 462-1707 FAX 462-2362 • Division of Rood 6 Bridge: (772) 462-2511 FAX 462-2363 www,stl ucieco. org RESOLUTION NO. 10-143 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation through a Joint Participation Agreement, in the amount of $5,132, as funding for the relocation of the FPL Utilities that are within the foot print of the Runway 10L / 28R (formally 9L / 27R) at the St. Lucie County International Airport. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 111h day of May, 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 140371-4220-334411-48006 FDOT-Transportation $5,132 APPROPRIATIONS 140371-4220-563000-48006 Infrastructure $5,132 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 11TH DAY OF MAY 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY MOSQUITO CONTROL DISTRICT MOSQUITO CONTROL DISTRICT www.co.st-I ucie.fl. us www.stlucieco.org itiiiitH>t� �Hi1111ilil�iii tdiNl�iNp# l�a� r��I�Eiiliiti� [itr�3ill11�ig1iliil3iliNl 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 �i �Igi ' ` i8lli aa> e�m finufflummuill MINUTES Approve the minutes from the May 4, 2010 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 31 and 32. 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-eght (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 27, 2010 Convened:10:44 a.m. Adjourned: 10:45 a.m. Commissioners Present: Chairman, Chris Dzadovsky, Paula A. Lewis, Doug Coward, Chris Craft, Charles tlr�nrlc Others Present: Lee Ann Lowery, Assistant County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Mark Satterlee, Growth Management Director, Millie Delgado -Feliciano, Deputy Clerk MINUTES Approve the minutes from the April 13, 2010 meeting. It was moved by Com. Craft, seconded by Com. Grande, to approve the minutes of the meeting held April 13, 2010, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Lewis, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 29 and 30. The Board approved Warrant List No. 29 and 30. B. COUNTY ATTORNEY Florida Department of Agriculture and Consumer Services - Amendment of FY 2009-10 Contract The Board approved the proposed amendment to the FY 2009-10 Contract with the Florida Department of Agriculture and Consumer Services, and authorized the Chairman to sign the amendment. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 04/30/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #31- 24-APR-2010 TO 30-APR-2010 FUND SUMMARY- MOSQUITO EXPENSES FUND TITLE 145 Mosquito Fund 8,181.82 GRAND TOTAL: 8,181.82 PAGE 1 PAYROLL 32,058.58 32,058.58 05/07/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #32- 01-MAY-2010 TO 07-MAY-2010 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 69,812.14 GRAND TOTAL: 69,812.14 PAGE 1 PAYROLL 0.00 0.00 EROSION DISTRICT EROSION DISTRICT www.co.st-lucie.fl.us www.stlucieco.org 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 May 4, 2010 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 31 and 32. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 27, 2010 Convened: 10:45 a.m. Adjourned: 10:46 a.m. Commissioners Present: Chris Craft, Chairman, Doug Coward, Paula Lewis, Charles Grande, Chris Dzadovsky Others Present: Lee Ann Lowery, Assistant County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Mark Satterlee, Growth Management Director, Millie Delgado -Feliciano, Deputy Clerk MINUTES Approve the minutes from the April 13, 2010 meeting. It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve the minutes of the meeting held April 13, 2010, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Coward, to approve the Consent Agenda with warrant list number 30 deleted. A. WARRANTS Approve warrant list No. 29 and 30. The Board approved Warrant List No. 29. B. PUBLIC WORKS Ft. Pierce Shore Protection Project — General Reevaluation Report The Board approved Work Authorization No. 5 with Taylor Engineering and authorized the Chairman to sign documents as approved by the County Attorney. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 04/30/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #31- 24-APR-2010 TO 30-APR-2010 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 425.63 GRAND TOTAL: 425.63 PAGE 1 PAYROLL 4, 966.40 4, 966.40 05/07/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #32- 01-MAY-2010 TO 07-MAY-2010 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 3,717.57 GRAND TOTAL: 3,717.57 PAGE 1 PAYROLL 0.00 0.00