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HomeMy WebLinkAboutAgenda Packet 06-15-2010Fit#tiiifiFfitifiilfiiii#tfiiF#ilttifiFigtti3lf%tfi#i##fi[f#iliftiftiiiiii�iitf{fiititf#ilfiiilikiltffl�i#ti�tiftffitif�it#Hiffift#fff#fF�t(1tNtiifi##i#iff#i#fff#f{#ti##f##i#iifff#fifiiffi June 15, 2010 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed r�ior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others' opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. June 15, 2010 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stiucieco.org �iii[fi[i#�i[iNillfiiiiiilitiiiF�iilfiiii3t�liifitli�iliiF�i[iiii3i�i11iiiitiiflii - • itiiill�iiiNiti�iiifi�ii�Iiiititiiiii�iiiiiili;i#{iilliiiEli�3iiiAltliRiiti#ii[i#i# 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 IWWRi im6ffmitiiii INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the June 8, 2010 meeting. IV. PROCLAMATIONS/PRESENTATIONS There are no proclamations/presentations scheduled for June 15, 2010. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 37 B. COUNTY ATTORNEY Notice of Assignment of Lease/Purchase Agreement for Water Conservation Equipment for Rock Road Correctional Facility from Citimortgage, Inc. to TD Equipment Finance, Inc. Consider staff recommendation to approve the Notice of Assignment and authorize the Chairman to sign the Notice. 2. Donation of Right -of -Way — White City Developers, LLC — Anita Oleander Subdivision — Warranty Deed for 38.35 feet on Oleander Avenue and Quit Claim Deed for the West 7.42 feet and the South 6.12 feet on Oleander Avenue — Resolution No. 10-170 Consider staff recommendation to accept the Warranty Deed and Quit Claim Deed authorize the Chairman to sign Resolution No. 10-170 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 3. Revocable License Agreement — Holiday Pines Property Owners Association, Inc. — Entrance Signs Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Holiday Pines Property Owners Association, Inc. to record the document in the Public Records of St. Lucie County, Florida. B. COUNTY ATTORNEY CONTINUED Solar and Energy Loan Fund of St. Lucie County Consider staff recommendation that the Board appoint Commissioner Coward to serve as the Board's representative on the board of directors of the Solar and Energy Loan Fund of St. Lucie County, Inc. through the Board's November 2010 reorganization meeting C. PUBLIC WORKS Administration: Lakewood Park — Indian River Estates FEMA Grant Consider staff recommendation to approve Sixth Amendment to Work Authorization No. 16 for additional work with Hazen & Sawyer in the amount of $5,354.48, and authorization for the Chairman to sign contract documents as approved by the County Attorney. D. TREASURE COAST RESEACH PARK Monument Sign at the Treasure Coast Research Park Consider staff recommendation to authorize staff to accept Don Bell Signs' quote of $49,110.88 and sign the contract as prepared by the Purchasing Department with the County Attorney's approval. USDA and the University of Florida will reimburse Capital Account Number 316- 3716563000-093610 in the amount of $16,370 each. E. GRANTS/DISASTER RECOVERY DEPARTMENT Federal Transit Administration (FTA) State of Good Repair Initiative — Grant Application Consider staff recommendation to approve authorization to submit a grant application to the Federal Transit Administration (FTA) for funding not to exceed $4,550,000 for replacement of 14 Community Transit buses. F. HOUSING & COMMUNITY SERVICES Community Services Division: Community Services Block Grant (CSBG) Modification Consider staff recommendation to approve agreement modification for the Community Services Block Grant and Budget Resolution 10-187, and authorization for Chairman to sign all necessary documents. G. SHERIFF'S OFFICE Authorization to retroactively submit and accept the 2009 Paul Coverdell Forensic Science Grant Consider staff recommendation to approve Budget Resolution Number 10-188 and authorize the retroactive submission and acceptance of the 2009 Paul Coverdell Forensic Science Grant (2009- CD-BX-0094) in the amount of $89,380.00. H. CENTRAL SERVICES Fire Sprinkler/alarm system for the St. Lucie County Logistics Center Consider staff recommendation to approve the contract with Life Safety Systems in the amount of $48,200 for the installation of a fire sprinkler/alarm system at the St. Lucie County Logistics Center, and authorization for the Chairman to sign documents as approved by the County Attorney. Donation of US Military general purpose relief tents. Consider staff recommendation to approve removal of eight US Military tents from the land and building inventory list and donate them to Missionary Flights International (six tents) and the St. Lucie County Sheriffs Office (two tents). PLANNING & DEVELOPMENT SERVICES Airport Division: 2010 Storm Water Pollution Prevention Plan (SWPPP) Update. Consider staff recommendation to approve LPA Group Inc. Work Authorization No. 30 for consultant services for the 2010 Storm Water Pollution Prevention Plan (SWPPP) Update at the St. Lucie County International Airport, for a lump sum amount of $54,953, and authorization for the Chairman to sign documents as approved by the County Attorney. PARKS AND RECREATION SERVICES First Amendment to Interocal Agreement with School Board of St. Lucie County for Lawnwood and South County Regional Stadiums Consider staff recommendation to approve the First Amendment to the Interlocal Agreement with the School Board of St. Lucie County for Operation of Lawnwood Stadium and South County Regional Stadium and Budget Amendment 10-024 to provide $7,458 to assist the School Board with the purchase of two (2) mobile ticket booths as drafted and approved by the County Attorney and outlined in the agenda memorandum. VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No. 10-011 — Abandoned Real Property Registration System Consider staff recommendation to adopt Ordinance No. 10-011 and authorize the Chairman to sign the Ordinance. B. PLANNING & DEVELOPMENT SERVICES Planning Division: Development Agreement — Airport Road Development, LLC Consider staff recommendation to adopt DVA 10-001, approving the Development Agreement between Airport Road Development, LLC and the St. Lucie County Board of County Commissioners. C. PLANNING & DEVELOPMENT SERVICES Planning Division: Village of Sunset Lakes — Amendment to the Official Zoning Atlas and Preliminary Planned Town or Village (PTV) site plan approval. Consider staff recommendation to adopt Resolution No. 10-028, granting approval of an Amendment to the Official Zoning Atlas and the Preliminary Planned Town or Village (PTV) site plan, with limiting conditions, for the project known as Village of Sunset Lakes as outlined in the attached memorandum, and authorization for the Chairman to sign the resolution as approved by the County Attorney. D. COUNTY ATTORNEY Ordinance No. 10-021 — Pain Management Clinics Consider staff recommendation to approve Ordinance No. 10-021. E. COUNTY ATTORNEY 2110 St. Lucie Blvd., Fort Pierce, FL — Unsightly and unsanitary conditions causing serious threat to public safety. Consider staff recommendation to order the property owner 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. F. COUNTY ATTORNEY Ordinance No. 10-025 - St. Lucie County Sustainability District Consider staff recommendation to adopt Ordinance No. 10-025 and authorize the Chairman to sign the Ordinance. Vill. ANNOUNCEMENTS The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, June 22, 2010 at 1:30 p.m. in Conference Room #3. The Board of County Commissioners Strategic Planning Session continuation is scheduled for Monday, June 21st from 9:00 a.m. to Noon and from 1:30 p.m. to 5:00 p.m. at the Emergency Operations Center located at 15305 Midway Road, Fort Pierce Florida, 34945. County offices will be closed on Monday, July 5, 2010 to observe Independence Day. 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 COUNTYCOMMISSION ERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 8, 2010 Convened: 9:00 a.m. Adjourned: 10:00 a.m. Commissioners Present: Charles Grande, Chairman, Doug Coward, Paula A. Lewis, Chris Craft, Chris Dzadovsky Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Marie Gouin, OMB Director, Lauri Case, Utilities Director, Debra Brisson, Parks and Rec. Director, Jack Southard, Public Safety Director, Mark Satterlee, Planning and Development Services, Jim David, Mosquito Control Director, Joseph E. Smith, Clerk of Court, Shai Francis, Finance Director, Millie Delgado -Feliciano, Deputy Clerk INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the June 1, 2010 meeting. It was moved by Com. Craft, seconded by Com. Lewis, to approve the minutes of the meeting held June 1, 2010, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 10-171 — Proclaiming November 3, 2010 as "Be A Hero Day" and the month of November 2010 as "Be A Hero Month" in St. Lucie County, Florida Consider staff recommendation to adopt Resolution No.10-171 as drafted. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 10-171, and; upon roll call, motion carried unanimously. B. The Board of County Commissioners accepted the Green County Certification and Award C: A !D T[ON - —'t'�RNEY C 640 staff recommendation to adopt die Red© ii r l�td .Q- as drafted: It was moved by Com. Dzadovsky, seconded by Com. Craft, to approve Resolution No. 10-173, and; upon roll call, motion carried unanimously. V. GENERAL PUBLIC COMMENT None VI. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Coward, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 36 The Board approved Warrant List No. 36. B. COUNTY ATTORNEY Donation of Right -of -Way — Mr. & Mrs. Gazzara — Gazzara Retail Building —17.5 feet on Angle Road and a Sidewalk Easement on Avenue A — Resolution No. 10-168 The Board accepted the Warranty Deed and Sidewalk Easement authorized the Chairman to sign Resolution No. 10-168 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. B. COUNTY ATTORNEY CONTINUED 2. Treasure Coast Research Park - First Amendment to Implementing Agreement with St. Lucie County School Board for Conveyance of Sixty (60) Acres The Board approved the proposed First Amendment to the Implementing Agreement with the School Board of St. Lucie County, and authorized the Chairman to sign the First Amendment. North Lennard Road 1 Municipal Services Benefit Unit The Board adopted Resolution No. 10-172, as outlined in the agenda memorandum. C. PUBLIC SAFETY & COMMUNICATIONS 1. Amendment No. 1 to the Interlocal Agreement between Palm Beach County and St. Lucie County The Board approved Amendment No. 1 to the Interlocal Agreement between Palm Beach County and St. Lucie County and authorized the Chairman to sign documents as approved by the County Attorney. 2. Radiological Emergency Preparedness Agreement with Florida Power and Light The Board approved the Radiological Emergency Preparedness Agreement with Florida Power & Light and St. Lucie County and authorized the Chairman to sign documents as approved by the County Attorney. 3. Certificate of Public Convenience and Necessity (CON) — Renewal of A Quality Care Transportation LLC Class F CON. The Board approved the Emergency Medical Services Advisory Committee recommendation of the renewal application of A Quality Care Transportation LLC for a Class F CON and authorized the Chairman to sign documents as approved by the County Attorney. 4. Certificate of Public Convenience and Necessity (CON) — Renewal of American Jets Air, Inc. Class E CON. The Board approved the Emergency Medical Services Advisory Committee recommendation of the renewal application of American Jets, Inc. for a Class E CON and authorized the Chairman to sign documents as approved by the County Attorney. Certificate of Public Convenience and Necessity (CON) — Renewal of Council on Aging of St. Lucie County, Inc. /Community Transit Class F CON. The Board approved the Emergency Medical Services Advisory Committee recommendation of the renewal application of Council on Aging of St. Lucie County, Inc. /Community Transit for a Class F CON and authorized the Chairman to sign documents as approved by the County Attorney. K 06/04/10 FZABWARR FUND TITLE 001 001113 001164 001176 001180 001188 001413 001442 001443 001509 001510 001511 001512 001515 101 101001 101002 101003 101004 101006 101112 102 102001 102809 107 107001 107002 107003 107006 107165 107205 130 140 140135 140335 140356 140358 150 160 183 183004 183006 185009 185010 189100 189201 250 315 ST. LUCIE COUNTY - BOARD WARRANT LIST #36- 29-MAY-2010 TO 04-JUN-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 FL Dept. Of Transp Park & Ride FCTD Planning Grant Agreement FDCA RCMP Grant US Dept of Housing CDBG 09 CSBG FY 2009-2010 ARRA CSBG 2009 Neighborhood Stabilization Program FDCA EMPA FY10 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees FHWA FDOT Walton Road Widening Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Phase 2 SFWMD 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 USDOH-ARRA-Edward Byrne JAG 09/10 Juvenile Justice & Delinquency Prev SLC Publiq Transit MSTU Airport Fund FAA Security Fencing & Runway 9L/27 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 Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP 2007/2008 FHFA SHIP 2008/2009 Home Consortium FHFC Hurricane Housing Recovery Pla Capital Projects I&S County Building Fund EXPENSES 2,303,600.33 31,304.19 10.10 188.74 1,013.30 1, 792.97 2,310.00 298.19 1,030.00 60.47 1,441.32 1,451.00 53,703.61 2,596.86 9, 668.36 243.80 18,202.84 10,141.78 4,866.91 7, 517 . 50 205,029.00 14,940.91 2,298.98 521.60 3,890,074.45 3,522.20 9,163.04 2,502.73 17,611.39 272,335.12 1,578.96 407.28 7,455.58 15,635.24 822.90 7,997.03 12,254.68 300.08 2,770.02 3,250.33 1,064.72 34.46 109.15 16,000.00 319.32 19.06 103,476.17 15,484.60 PAGE PAYROLL 0.00 1,272.08 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,272.08 0.00 0.00 1,242.48 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,092.86 208.50 0.00 0.00 06/04/10 FZABWARR FUND TITLE 316 401 418 451 458 461 471 478 479 491 505 505001 611 625 665 669 685 686 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #36- 29-MAY-2010 TO 04-JUM-2010 FUND SUMMARY County Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library SLC Art in Public Places Trust Fund Lake Drive MSBU Sunland Gardens MSBU Greenacres MSBU Bank Fund GRAND TOTAL: EXPENSES 1, 710.00 96, 701.93 5,252.96 15, 825.78 129.28 10,606.78 88,856.23 259.42 291.81 3,538.75 59, 085.71 748.67 374.50 888.69 7.63 3,283.92 7, 864.78 3, 625. 97 3,454.44 7, 360, 928 . 52 PAGE PAYROLL 0.00 0.00 0.00 555.96 219.88 0.00 946.88 195.46 561.94 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7, 568 . 12 C. PUBLIC SAFETY & COMMUNICATIONS CONTINUED 6. Certificate of Public Convenience and Necessity (CON) — Renewal of We Care of the Treasure Coast, Inc. Class B and F CON. The Board approved the Emergency Medical Services Advisory Committee recommendation of the renewal application of We Care of the Treasure Coast, Inc. for a Class B and F CON and authorized the Chairman to sign documents as approved by the County Attorney. 7. Certificate of Public Convenience and Necessity (CON) — Renewal of Coastal Care Advanced Life Support Class B and F CON. The Board approved the Emergency Medical Services Advisory Committee recommendation of the renewal application of Coastal Care Advanced Life Support for a Class B and F CON and authorized the Chairman to sign documents as approved by the County Attorney. 8. Certificate of Public Convenience and Necessity (CON) — Renewal of All County Ambulance Class B and F CON. The Board approved the Emergency Medical Services Advisory Committee recommendation of the renewal application of All County Ambulance for a Class B and F CON and authorized the Chairman to sign documents as approved by the County Attorney. 9. Certificate of Public Convenience and Necessity (CON) — Renewal of American Ambulance Service, Inc. Class B and F CON. The Board approved the Emergency Medical Services Advisory Committee recommendation of the renewal application of American Ambulance Service, Inc. for a Class B and F CON and authorized the Chairman to sign documents as approved by the County Attorney. 10. Certificate of Public Convenience and Necessity (CON) — Renewal of St. Lucie County Fire District Class A CON. The Board approved the Emergency Medical Services Advisory Committee recommendation of the renewal application of St. Lucie County Fire District for a Class A CON and authorized the Chairman to sign documents as approved by the County Attorney. 11. Emergency Management Grant The Board approved the Federally -Funded Subgrant No. 11-FG-15-10-66-01- and authorized the Chairman to sign documents as approved by the County Attorney. 12. Modification No. 1 to Sub -Grant Agreement No. 09-DS-20-10-66-01-328. The Board approved Modification No. 1 to Sub -Grant Agreement No. 09-DS-20-10-66-01- 328 and authorized the Chairman to sign documents as approved by the County Attorney. D. PARKS & RECREATION SERVICES 1. Demolition of Old Restrooms — MLK/Dreamland Park The Board approved to demolish the old restrooms at MLK/Dreamland Park. 2. Invitation to Bid for Paving and Resurfacing Services The Board approved advertising an Invitation to Bid for paving and resurfacing services as outlined in the agenda memorandum. 3 3. Waiver of Facility Rental Fees for the 2010 Police and Fire Games E. F G The Board approved waiving the $12,808.13 in facility rental fees for the Havert L. Fenn Center, the St. Lucie County Fairgrounds, Equestrian and Event Center and the Lawnwood Tennis Center for the 2010 Police and Fire Games as outlined in the agenda memorandum HOUSING & COMMUNITY SERVICES Community Services: Trip and Equipment Grant The Board approved acceptance of the FYI Trip and Equipment grant allocation, approval of Budget Resolution No. 10-169 and authorized the Chairman to sign documents as approved by the County Attorney. MANAGEMENT AND BUDGET Purchasing: 1. Amendment to Contract for the Purchase of Asphalt Millings The Board approved the first amendment to Contract No. C09-08-337 with Dickerson Florida, Inc. extending the term through August 10, 2011, and authorized the Chairman to sign documents as approved by the County Attorney. Fixed Asset Inventory — Property Record Removal The Board approved removing the fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of various departments of St. Lucie County Board of County Commissioners. 3. Fixed Asset Inventory — Property Record Removal The Board approved removing the fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the Clerk of Circuit Court. Amendment to the Signal Maintenance and Master Construction Contract The Board approved the first amendment to Contract No. C07-06-323 with the Signal Group, Inc. extending the term through September 20, 2011, and authorized the Chairman to sign documents as approved by the County Attorney. MANAGEMENT AND BUDGET CONTINUED Amendment to Contract for Boat Tours Operated from the River Park Marina The Board approved the second amendment to Contract No. C04-07-333 with Water Lilly Cruises, Inc., modifying site description, compensation, minimum hours of operation and term whereby extending the contract through October 17, 2010, and authorized the Chairman to sign documents as approved by the County Attorney. PUBLIC WORKS Road and Bridge Division: 1. Contract with AAA Mobile Truck Repair The Board approved entering into a contract with AAA Mobile Truck Repair for miscellaneous heavy equipment repairs in the amount not to exceed $49,999.99 and authorized the Chairman to sign the contract as approved by the County Attorney. Administration: 2. Florida Department of Transportation (FDOT) Signature Authorization The Board approved Resolution No. 10-159 authorizing Public Works Director to execute time extension only amendments to Local Agency Program Agreements, Joint Participation Agreements, and Locally Funded Agreements with FDOT, as outlined in the 4 agenda memorandum and authorized the Chairman to sign documents as approved by the County Attorney. 3. Holiday Pines, Blakely, Queens Cove, and Meadowood Street Lighting Districts The Board approved advertising public hearings for the Holiday Pines, Blakely, Queens Cove, and Meadowood Street Lighting Districts to be held on July 6, 2010 at 6:00 p.m. or as soon thereafter as may be heard. H. GRANTS/DISASTER RECOVERY USDOE, State Energy Program (SEP), Strengthening Building Retrofit Markets — Grant Application The Board approved submitting a funding application for $800,000 to the USDOE, National Energy Technology Laboratory, State Energy Program (SEP), Strengthening Building Retrofit Markets program. USDOJ Second Chance Act Reentry Demonstration Program — Grant Application The Board approved submitting a grant application not to exceed $600,000 to the USDOJ Second Chance Act Reentry Demonstration Program: Targeting Offenders with Co - Occurring Substance Abuse and Mental Health Disorders. PLANNING & DEVELOPMENT SERVICES Business and Concurrency Management: Contract for Consulting Services for Vehicle Miles Traveled (VMT) Transportation Impact Fee Study The Board approved to contract for consulting services as outlined in the agenda memorandum and authorized the Chairman to execute the contract as approved by the County Attorney. HUMAN RESOURCES Prison Health Services Inmate HIV Medications Invoice for April, 2010. The Board approved the payment of Prison Health Services invoice number PHS0007665 for HIV medications for the period of April 01, 2010 through April 30, 2010, in the amount of $50,668.82. VII. PUBLIC HEARINGS There are no public hearings scheduled for June 1, 2010. VIII. COUNTY ATTORNEY Resolution No. 10-167 — Amendment to the Investment Policy Consider staff recommendation to adopt Resolution No. 10-167 and authorize the Chairman to sign the Resolution. It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 10-167, and; upon roll call, motion carried unanimously. IX. PLANNING & DEVELOPMENT SERVICES Appointment of committee members to new Historical Commission. Consider staff recommendation for Board appointment of qualified members to the Historical Commission. Com. Dzadovsky requested the Ms. Marjorie Harrell name to be added to the qualified members. It was the consensus of the Board to add Ms. Harrell's name to the qualified members. Upon tally of the votes, the appointees were as follows: 5 Historical Commission Laypersons: Jack Connolly and Marjorie Harrell Historical Commission appointees for the following fields: Anthropology, Archaeology, History- James Moss Land Use Planning or Historic Preservation Planning — David Heffelfinger Professional Engineer or Certified General or Residential Contractor- Charlie Hayek Architecture/ Florida Historic and Landscape — Phillip Steel Conservation/Curation — Ruth McSween X. ADMINISTRATION Appointment of a member of the Board of County Commissioners to serve on the County Canvassing Board for the Primary and General Elections. Consider staff recommendation to appoint a member from the County Commission to serve on the County Canvassing Board for the Primary and General Elections as provided by law. Com. Lewis volunteered to be the County Commission member to serve on the Canvassing Board. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court A CONSENT AGENDA ITEMS 06/11/10 FZABWARR FUND TITLE 001 001113 001164 001176 001188 001194 001442 001443 001509 001510 001511 001512 001515 101 101001 101002 101003 101004 101006 102 102001 102809 107 107001 107002 107003 107006 107205 107206 130 130102 140 140001 140351 150 160 183 183001 183004 183006 184211 185011 189100 189201 310001 310002 316 396 ST. LUCIE COUNTY - BOARD WARRANT LIST #37- 05-JUN-2010 TO 11-JUN-2010 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran USDOJ Violence Against Women Grant FTA Section 5303 F/Y06 Section 112/MPO/Fhwa/Planning 2007 U.S. Dept of Housing & Community FCTD Planning Grant Agreement FDCA RCMP Grant US Dept of Housing CDBG 09 CSBG FY 2009-2010 ARRA CSBG 2009 Neighborhood Stabilization Program FDCA EMPA FY10 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Phase 2 SFWMD Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt SLC Public Transit MSTU FTA 5307-ARRA 2009 Capital Projects Airport Fund Port Fund Install Access Control System Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP South SLC Beach Restoration FHFA SHIP 2009/2010 Home Consortium FHFC Hurricane Housing Recovery Pla Impact Fees -Library Impact Fees -Parks County Capital Lennard Road 1 - Roadway Capital EXPENSES 449,082.90 2,796.34 3.41 43.16 1,264.94 292.96 315.67 387.76 22.04 7, 625.01 1, 018.04 242.81 8, 506. 92 4, 618.38 80.18 61,968.22 8,436.96 18,362.25 73,253.32 36, 065.45 8, 647.29 7, 507.14 76,608.52 2, 679.03 14,355.92 163.74 4,534.61 299.03 95.00 149.24 1,382.88 9, 675.86 5,571.25 103.78 108.90 3, 478.06 896.04 300.00 388.87 507.17 11,813.36 24.43 141.60 91.24 5, 541.47 121,722.89 9, 681.94 230.00 PAGE PAYROLL 551,068.97 3,259.41 51.24 582.06 9, 758.39 0.00 1,017.01 2, 037.56 310.61 1, 157. 61 1, 697. 96 329.05 0.00 33,496.00 1,237.60 43,563.11 22,826.08 17,104.61 0.00 76,343.88 9,869.20 0.00 103, 961.71 1, 122.83 51,861.70 0.00 8, 736. 95 2,076.00 0.00 2,067.37 0.00 11,698.97 0.00 0.00 1,523.20 3,110.46 3, 009.49 0.00 5,404.72 0.00 0.00 0.00 1, 717 . 79 1, 407.20 0.00 0.00 0.00 0.00 06/11/10 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #37- 05-JUN-2010 TO 11-JUN-2010 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 401 Sanitary Landfill Fund 398,431.33 52,907.76 418 Golf Course Fund 24,053.10 24,277.58 451 S. Hutchinson Utilities Fund 40,655.42 3,540.30 458 SH Util-Renewal & Replacement Fund 1,658.31 656.21 461 Sports Complex Fund 28,081.75 21,865.63 471 No County Utility District-Operatin 67,746.01 7,718.58 478 No Cty Util Dist -Renewal & Replace 97.04 1,316.89 479 No Cty Util Dist -Capital Facilities 110.05 1,481.02 491 Building Code Fund 1,681.31 17,196.83 505 Health Insurance Fund 173,330.94 1,186.40 505001 Property/Casualty Insurance Fund 369.11 4,929.37 611 Tourist Development Trust-Adv Fund 17,580.49 1,901.01 620 Law Enforcement Trust Fund 123,131.22 0.00 625 Law Library 5,514.00 0.00 801 Bank Fund 226,242.66 0.00 GRAND TOTAL: 2,069,768.72 1,112,386.32 AGENDA REQUEST ITEM NO. I-B 1 DATE: June 15, 2010 REGULAR[] PUBLIC HEARING [J CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre SUBJECT: Notice of Assignment of Lease/Purchase Agreement for Water Conservation Equipment for Rock Road Correctional Facility from Citimortgage, Inc. to TD Equipment Finance, Inc. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends the Board approve the Notice of Assignment and authorize the Chairman to sign the Notice. COMMISSION ACTION: CONCURRENCE. b4 APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney:--X- Monagement d Budget Purchosi Daniel S. McIntyre �" O" rigmatmg 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.: 10-0716 DATE: June 3, 2010 SUBJECT: Notice of Assignment of Lease/Purchase Agreement for Water Conservation Equipment for Rock Road Correctional Facility from Citimortgage, Inc. to TD Equipment Finance, Inc. BACKGROUND: On May 22, 2007, the Board approved a Lease -Purchase Agreement with Citimortgage, Inc. for the purchase of water conservation equipment for the County's Rock Road Correctional Facility. Attached to this memorandum is a Notice of Assignment which assigns all of Citimortgage's right, title, interest and obligations in, to and under the Lease/Purchase Agreement to TD Equipment Finance, Inc. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Notice of Assignment and authorize the Chairman to Chairman to sign the Notice. Respectfully submitted, Daniel S. McInty County Attorney, DSM/caf Attachment r NOTICE OF ASSIGNMENT Re: Schedule No. 001 dated May 25, 2007, to Master Lease/Purchase Agreement dated as of May 25, 2007, (the "Contract"), by and between Citimortgage, Inc. ("Lessor") and Saint Lucie County Board of County Commissioners ("Obligor" or "Borrower") as further assigned to Citibank, NA ("Assignor") You are hereby notified as such relates to Assignor's sale, assignment and transfer to TD EQUIPMENT FINANCE, INC. ("Assignee") of all of its right, title, interest and obligations in, to and under the Contract and the related certificates, instruments and agreements executed in connection therewith (collectively, the "Related Documents"). Obligor is hereby directed to make all payments to Assignee at the following address: By check: TD Equipment Finance, Inc. PO Box 48082 Newark, NJ 071014882 Or by wire: TD Bank, NA 6000 Atrium Way Mt. Laurel, NJ 08054 ABA# 031201360 Acct.# 9007394 Attn: Tom O'Neil, Loan Servicing, 856-5334669 Fax Number: 856-642-7704 Account to credit: Saint Lucie County Board of County Commissioners Reference: 066-0589221-00 l This notice does not change any of the terms, covenants or conditions of the Contract or the payment schedule thereunder. By execution below, Borrower acknowledges and agrees that Borrower will deliver all payments and copies of all notices and other communications given or made by Borrower with respect to the Contract and Related Documents to Assignee at the address listed above. Please acknowledge your agreement to the assignment described herein by signing below and returning a copy of this notice to Assignor. CITIBANK, NA ("ASSIGNOR By: Name: Thomas Grieco Title: Vice President Dated: Z ACKNOWLEDGED AND AGREED: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ("OBLIGOR"/"BORROWER") By: Name: Title: Dated: AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-2 DATE: June 15, 2010 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] SUBMITTED BY (DEPT.): County Attorney PRESENTED BY: JoAnn Riley Property Acquisition Manager SUBJECT: Donation of Right -of -Way White City Developers, LLC Anita Oleander Subdivision Warranty Deed for 3 8.3 5 feet on Oleander Avenue and Quit Claim Deed for the West 7.42 feet and the South 6.12 feet on Oleander Avenue Resolution No. 10-170 BACKGROUND: See attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: December 21, 2009 - GM 09-020 granted Anita Oleander Subdivision site plan approval. RECOMMENDATION: Staff recommends that the Board accept the Warranty Deed and Quit Claim Deed, authorize the Chairman to sign Resolution No. 10-170 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [X( APPROVED [ ] OTHER Approved 5-0 [x] County Attorney: Daniel McIntyre [x] Originating Dept: -frIAL JoAnn Riley [ ] DENIED Review and Approvals [x] Road and Brid Don Pauley [x] Engineering: 10 Michael Powley CONCURRENCE: Faye W. Outlaw, MPA County Administrator [x] Public Works: )t %4 ' Don Wes , / [x] County Surveyorji�/ Ron Harris PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: June 15, 2010 SUBJECT: Donation of Right -of -Way White City Developers, LLC Anita Oleander Subdivision Warranty Deed for 38.35 feet on Oleander Avenue and Quit Claim Deed for the West 7.42 feet and the South 6.12 feet on Oleander Avenue Resolution No. 10-170 BACKGROUND: On December 21, 2009, White City Developers, LLC received site plan approval for Anita Oleander Subdivision. A condition of GM Order 09-020 was that they had to donate right-of- way on Oleander Avenue. They are donating 38.35 feet on Oleander Avenue with a Warranty Deed and the West 7.42 feet and the South 6.12 feet with a Quit Claim Deed to clear up survey discrepancies on the White City Plats. Attached is a copy of the Warranty Deed, the Quit Claim Deed for the discrepancies on the White City Plats along with Resolution No. 10-170. RECOMMENDATION: Staff recommends that the Board accept the Warranty Deed and Quit Claim Deed, authorize the Chairman to sign Resolution No. 10-170 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, Ann Riley Property Acquisition Manager m| ' !/ |�---�-�--� This Document Prepared By and Return to: Melissa Denison St. Lucie Title Services, Inc. 800 Viginia Ave.,Suite 47 Fort Pierce, FL 34982 Parcel ID Number: 3403-332-0011-000/6 Warranty Deed This Indenture, Made this day of May , 2010 A.D. , Between White City Developers, LLC, a Florida limited liability company of the County of Miami -Dade , State of Florida , grantor, and St. Lucie County, a political subdivision of the State of Florida whose address is: 2300 Virginia Avenue, Fort Pierce, FL 34982 of the County of St. Lucie , State of Florida , grantee. Witnesseth that the GRANTOR, for and inconsideration of the sum of --------------------------TEN DOLLARS ($10)------------------------- DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of St. Lucie State of Florida to wit: The West 38.35 feet of the following described parcel of land: Commence at the intersection of the centerline of Oleander Avenue and 6th Street, as now laid out in Section 3, Township 36 South, Range 40 East, and as shown in the plat of White City as recorded in Plat Book 1, page 200 of the Public Records of St. Lucie County, Florida; thence run South 89021155/1 East, a distance of 36.00 feet to the East right-of-way line of Oleander Avenue as shown on the Florida Department of Transportation Right -of -Way Map dated March, 1960 for State Road S-605 Section Number 94560-2601 and being the POINT OF BEGINNING; thence run North 00*2512611 East, a distance of 100.00 feet; thence run South 89°21'5511 East, a distance of 262.56 feet; thence run North 79019/00/1 East, a distance of 101.91 feet; thence run South 89*21155" East, a distance of 60.00 feet, to the East line of lands described in Deed Book 240, page 213 of the Public Records of St. Lucie County, Florida; thence run South 00*2512611 West, a distance of 120.00 feet; thence run North 89e21'55" West, a distance of 422.56 feet, to the POINT OF BEGINNING: according to that survey by J.W. Whitice dated March 8, 1957: all lying and being in Section 3, Township 36 South, Range 40 East, St. Lucie County, Florida. (Continued on Attached) and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever In Witness Whereof, the grantor has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Printed Name: Witness Printed Name: n e Witness White City Developers, LLC, a Flo r' a i to Lability company By: ZE�k(Seal) Neal S. Keys, Panaging Member P.O. Address: 1911 N.E.172 Street, North Miami Beach, FL 33162 STATE OF Florida COUNTY OF 1 The foregoing instrument was acknowledged before me this ;2-1/ day of May , 2010 by Neal S. Kays, Managing Member he is personally known to me or he has produced his Florida drivercanoe asA;rifi Printed Nam ' 0 S� Notary Publ' My Commission E31 tW % 101118E 011 I DD SN # � MY COI�Ic�S.�SI��O.�N,,.,��i1,.�D.�D 5gEg6A 10 681 L. Ge and by 0 D1908y SYne 1 K.. 2010 (863) 763-5555 F EKPM wyw..w. 17, 2010 �,s,a,� tlsadldihaBdgSlMslryliadtal Warranty Deed -Page 2 Parcd ID Number: 3403-332-0011-000/6 LESS AND EXCEPT the East 95 feet and that property conveyed to St. Lucie County, a political subdivision of the State of Florida contained in Warranty Deed recorded in Official Records Book 1231, page 2694, Public Records of St. Lucie County, Florida. This conveyance of right-of-way satisfies Condition A-1 of GM Order 09-020 so that the developer has no further obligation to construct the sidewalk. KEYS & KEYS Attorneys at Law 1911 NE 172nd Street. North Miami Beach, Fl. 33162 LEGAL DESCRIPTION THE WEST 38.35 FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF OLEANDER AVENUE AND 6TH STREET, AS NOW LAID OUT IN SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST; AND AS SHOWN IN THE PLAT OF WHITE CITY AS RECORDED IN PLAT BOOK 1, PAGE 200 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE RUN SOUTH 89*21'55" EAST, A DISTANCE OF 36.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF OLEANDER AVENUE AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP DATED MARCH, 1960 FOR STATE ROAD S-605 SECTION NUMBER 94560-2601 AND BEING THE POINT OF BEGINNING; THENCE RUN NORTH 00°25'26" EAST, A DISTANCE OF 100.00 FEET; THENCE RUN SOUTH 89°21'55" EAST; A DISTANCE OF 262.56 FEET; THENCE RUN NORTH 79°19'00" EAST, A DISTANCE OF 101.91 FEET; THENCE RUN SOUTH 89*21'55" EAST, A DISTANCE OF 60.00 FEET, TO THE EAST LINE OF LANDS DESCRIBED IN DEED BOOK 240, PAGE 213 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE RUN SOUTH 00°25'26" WEST, A DISTANCE OF 120.00 FEET; THENCE RUN NORTH 89021'55" WEST, A DISTANCE OF 422.56 FEET, TO THE POINT OF BEGINNING: ACCORDING TO THAT SURVEY BY J.W. WHITICE DATED MARCH 8,1957: ALL LYING AND BEING IN SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT: THE EAST 95 FEET AND THAT PROPERTY CONVEYED TO ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA CONTAINED IN WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 1231, PAGE 2694, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. See attached Sketch of Legal Description (Sheet 2) 1) This legal description was provided by Keys & Keys Attorneys at Law 2) This is not a boundary survey SHEET 1 OF 2 SHEETS This Sketch was prepared by Karner Surveying, Inc, DRAWN BY SCALE :.1 "=50' 2740 SW Martin Downs Blvd.#333, Palm City, Fl. 34g9 DATE : 3 17 2010 Regina C. Karner, PSM Professional Surveyor & Mapper Florida License No. 4363 DRAWING # 0612-10-10 KEYS & KEYS Attorneys at Law 1911 NE 172nd Street, North Miami Beoch, R. 33162 Point of j commencement OLEANDER AVENUE (Bth 51Er1eet) (County Road) � I Pout of ,,,�,• .26,9100.00' need Z 7 WAY OW PER FIOR�A DEPARTMENT OF TRANSPORTATION -� RIGITT OF WAY MAP DATED MARCH 1950 FOR STATE RI 1yi C13 I III V J ROAD S-M SECTION 9458418M 1 i Lq m~!m m 0jm a I 1) This sketch was prepared according to the legal 5 I description prepared by Keys & Keys Attorneys at Law o 2) This is not a boundary survey wq, ( 3)Bearings are assumed and based on the East Right of Way Line of Oleander Ave at N00'25'26"E H. �• I ;Cb � w 1 m 1 ,t N r Ol M O.R.B. 25M Pago 01 I 1942-1943 ODD C � $I SWW'26`W 120.00%eed i ORB. 240, PW= 213 PuMie Raoorde of St Lucie County Florida SHEET 2 OF 2 SHEETS Sketch was prepared by Kamer Surveying, Inc, DRAWN BY SCALE :.1 "=50' This 2740 SW Martin Downs Blvd.#333, Palm City, FI. 34990 DATE : 3 17 2010 Regina C. Karner, PSM Professional Surveyor & Mapper Florida License No. 4363 DRAWING # 0 12-10-10 Prepared by and return to: Neal S. Keys 1911 NE 172 Street North Miami Beach, FL 33162 Above This Line For Recording Quit Claim Deed This Quit Claim Deed made this day of April, 2010 between White City Developers, LLC, a Florida limited liability company, whose post office address is 1911 NE 172 Street, North Miami Beach, FL 33162, grantor, and St. Lucie County, a political subdivision of the State of Florida, whose post office address is , grantee: (Whenever used herein the terns "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Miami -Dade County, Florida to -wit: A parcel of land lying in Section 3, Township 36 South, Range 40 East, being more particulary descried as follows; The West 7.42 feet and the South 6.12 feet of the West 45.77 feet of the unrecorded Plat of ANITA OLEANDER SUBDIVISION, St. Lucie County, Florida. To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: ( gnature of first witness) C/e_17 G43? �C�E RS (Printed me of first ,witness) (Signature of second witness) AL / rIGLQ h/ %%S�//'i (Printed name of second witness) White City Developers, LLC, a Florida limited liability company By A-4,1— Neal S. Keys, Managing tuber STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this g day of April, 2010, by Neal S. Keys, as Managing Member of White City Developers, LLC, on behalf of the company. He who is personally known to me or 6/who has produced a Florida drivers license or ❑ who has produced as identification. ( /I/ , /2 otary Public, State f"Florida at Large My Commission Expires: tµ� • WUISE NADELMAN * * W COMMISSION s DO 5868Bs EXPIRES: September 17, 201t BmW Tbni BuAset Norary Service= KEYS & KEYS Attorneys at Law 1 y11 Nt. 1 /lnd Street, INortn Miami beacn, rl. JJ I bL LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 7.42 FEET AND THE SOUTH 6.12 FEET OF THE WEST 45.77 FEET OF THE UNRECORDED PLAT OF ANITA OLEANDER SUBDIVISION, ST LUCIE COUNTY FLORIDA. OLEANDER AVENUE (County Road) I 1) The Legal Description above was prepared by Keys & Keys Attorneys at Low. 2) This sketch was prepared according to this legal description 3) This is not a boundary survey 4) Bearings shown are assumed and have been based on the East Right of Way Line of Oleander Ave at N00'25'26"E I� to 0 Iq to N00'1736 "E 94.52' 1 _ _ _ _—F------- - - WEST 7.42' I m RIGHT OF WAY LINE SOUTH 6.12' I i PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY Tract A - I MAP FOR STATE ROAD S-605 Proposed Public Right -of -Way I V I SECTION 94560-2601 4329 sq. FL — 0.1 acres N 00°17'36' E 94.65' Lott 15550 SO FT 0.35 ACRES S00°25'26'W 95.11' I I I �s m IK w I C"z ! m --I I i I I I 3 arr - A 1 ao Lot N 1 12380.7 SO FT 0.2.26 A ACRES � s s on W'as' r 10e.55, — SHEET 1 OF 1 This Sketch was prepared by Karner Surveying, DRAWN BY i ISCALE : 1 "=50' Inc, 2740 SW Martin Downs Blvd.#333, Palm City, DATE : 1 7 /201 0 FI. 34990 — P,egino C. Karner, PSM Professional Surveyor & Mapper Florida License No. 4363 DRAWING # 061 2-10-10 RESOLUTION NO. 10-170 A RESOLUTION ACCEPTING RIGHT-OF-WAY DEDICATION DEEDS ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing Right -of -Way Dedication Deeds are duly accepted on behalf of St. Lucie County this 15" day of June, 2010. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY S:\ACQ\WP\Right of Way Donations\Anita Oleander Subdivision\Resoiution.wpd 1 2 3 4 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 l JOSEPH E. SMITH. rILERK OF THE CIRCUIT COURT J SAINT LUCIE CO' Y FILE # 342696612rs..M at 01:14 PM OR BOOK 3159 PAGE 255 - 259 Doc Type: ORD RECORDING: $44.00 GM 09-020 File No. MNSP 420081458 Received AN ORDER GRANTING APPROVAL FOR A JAN 08 2010 MINOR SITE PLAN PROJECT TO BE KNOWN ASGrowth Manager ANITA OLEANDER SUBDIVISION WHEREAS, the St. Lucie County Growth Management Director has reviewed the application for site plan approval submitted by Neal Keys, reviewed the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: 1. Anita Oleander Subdivision is a proposed 2 lot subdivision in the RS-3 (Residential, Single Family) Zoning District, located on the east side of Oleander Avenue, at the southeast corner of Anita Street and Oleander Avenue. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet technical requirements of the Land Development Code and to be consistent with the St. Lucie County Comprehensive Plan. 3. The project is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Comprehensive Plan and the St. Lucie County Land Development Code. 4. The project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 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 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 project is to be served by Fort Pierce Utilities Authority water service and an on - site septic system. 8. The applicant has applied for and received a Certificate of Capacity, a copy of which is attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land Development Code. December 21, 2009 File No.: MNSP 420081458 Page 1 GM Order No. 09-020 l 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 NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the Minor Site Plan to be known as Anita Oleander Subdivision , is hereby approved as shown on the site plan drawings for the project prepared by Kamer Surveying Inc., dated March 19, 2008 and last revised on October 15, 2009, and stamped received by the St. Lucie County Growth Management Department on October 19, 2009, subject to the following conditions: 1. Within 90 days of the approval date of this development order, the owner, successors or assigns shall convey the required road right of way for Oleander Avenue (45.77) in a manner and form acceptable to the County Attorney. The developer has agreed to substitute the value of the required sidewalk in lieu of cash and/or impact fee credits as compensation for the required road right of way. The developer will not have a future obligation to construct the sidewalk along the parcels road frontage. 2. Prior to Final Plat approval, an agreement between the Fort Pierce Utilities Authority and the property owner, successors or assigns shall be submitted to ensure the provision of public water service to both parcels within the subdivision. (BLDG PRMT/UTL/GM 09-020) B. The property on which this Minor Site Plan approval is being granted is described as follows: LYING IN SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST ST.LUCIE COUNTY, FLORIDA. COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF OLEANDER AVENUE AND 6TH STREET, AS NOW LAID OUT IN SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST; AND AS SHOWN IN THE PLAT OF WHITE CITY AS RECORDED IN PLAT BOOK 1, PAGE 200 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE RUN SOUTH 89021'55" EAST, A DISTANCE OF 36.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF OLEANDER AVENUE AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT- OF-WAY MAP DATED MARCH, 1960 FOR STATE ROAD S-605 SECTION NUMBER 94560-2601 AND BEING THE POINT OF BEGINNING; THENCE RUN NORTH 0002526" EAST, A DISTANCE OF 100.00 FEET; THENCE RUN SOUTH 89021'55" EAST; A DISTANCE OF 262.56 FEET; THENCE RUN NORTH 79*19'00" EAST, A DISTANCE OF 101.91 FEET; THENCE RUN SOUTH 89021'55" EAST, A DISTANCE OF 60.00 FEET, TO THE EAST LINE OF LANDS DESCRIBED IN December 21, 2009 Page 2 File No.: MNSP 420081458 GM Order No. 09-020 2 3 4 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 DEED BOOK 240, PAGE 213 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE RUN SOUTH 00025'26" WEST, A DISTANCE OF 120.00 FEET; THENCE RUN NORTH 89021'55" WEST, A DISTANCE OF 422.56 FEET, TO THE POINT OF BEGINNING: ACCORDING TO THAT SURVEY BY J.W. WHITICE DATED MARCH 8, 1957: ALL LYING AND BEING IN SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT: THE EAST 95 FEET AND THAT PROPERTY CONVEYED TO ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA CONTAINED IN WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 1231, PAGE 2694, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. Location: East side of Oleander Avenue, on the Corner of Anita Street and Oleander Avenue. Parcel ID No: 3403-332-0011-0006 C. The approvals granted by this administrative order shall expire on December 21, 2011, unless building permits are issued or an extension is granted in accordance with the provisions of Section 11.02.06 of the St. Lucie County Land Development Code. D. The Certificate of Capacity, attached as Exhibit A, shall be valid for the same period as this order. If -this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. E. The Final Site Plan approval granted under this Order is specifically conditioned to the requirement that the petitioner, successors, or assigns, 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. F. This Order shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal any condition described in Section A above, all such appeals must be filed in writing with the County Administrator within 30 days of the rendering of this Order, as described December 21, 2009 Page 3 File No.: MNSP 420081458 GM Order No. 09-020 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 in Section 11.02.03(B), St. Lucie County Land Development Code. Should an appeal to this Order be filed, no permitting reviews or further administrative action shall take place on the processing of this development project until the appeal is resolved. G. A copy of this Order shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Growth Management Director and mailed, return receipt requested to the developer and agent of record as identified on the site plan applications. H. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 21 st Day of December, 2009. GROWTH MANAGEMENT DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Mark Vtterlee, AICP M. December 21, 2009 Page 4 APPROVED AS TO FORM AND CORRECTNESS: File No.: MNSP 420081458 GM Order No. 09-020 St Lucie County Certificate of Capacity Date 12/4/2009 Certificate No. 2843 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie Countv Comprehensive Plan for: 1. Type of development Minor Site Plan Number of units 2 Number of square feet 2. Property legal description & Tax ID no. 340333200110006 NE corner of Anita Street and Oldeaner Avenue Anita Oleander Subdivision 3. Approval: Building Resolution No. GM 09-020 Letter 4. Subject to the following conditions for concurrency: Prior to issuance of a building permit an agreement with FPUA is required for both units. Donation of ROW within 90 days. Owner's name White City Developers LLC Address 1911 NE 172 Street North Miami Beac FL 33162 6. Certificate Expiration Date 12/11/2011 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed Date: 12/4/2009 Growth anagement Director St Lucie County, Florida Friday, December 04, 2009 Page 1 of 2 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-3 DATE: June 15, 2010 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ) CONSENT [X] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Revocable License Agreement Holiday Pines Property Owners Association, Inc. Entrance Signs BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Holiday Pines Property Owners Association, Inc. to record the document in the Public Records of St. Lucie County, Florida. COMMISSION ACTION dQ APPROVED [ ] DENIED [ ] OTHER Approved 5-0 [x] County Attorney: )d-- Daniel McIntyre [x] Originating Dept: 41�— JoAnn Rile Review and Approvals [x] Road and Bridg Don Pauley [x] Engineering: my{ ` Michael Pow* CONCURRENCE: Faye W. Outlaw, MPA County Administrator [x] Public Works: W . Don Wv�f PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: June 15, 2010 SUBJECT: Revocable License Agreement Holiday Pines Property Owners Association, Inc. Entrance Signs BACKGROUND: The Holiday Pines Property Owners Association has requested a Revocable License Agreement to install entrance signs in the County's right-of-way of Indian Pines Boulevard, Deer Run Drive and Suson Lane. The Holiday Pines Property Owners Association will provide the monuments and work with Public Works on their location. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Holiday Pines Property Owners Association, Inc. to record the document in the Public Records of St. Lucie County, Florida. Respectfully submitted, IS�ZL,4_ Ann Riley Property Acquisition Manager VISTA DE LAGUNA ... . ............ ... . ........ -.- ........ . ..... . ............ .... . ...... . ...... ..... ...... ................ . ........ . . .......... . .. ....... ....... .... .......... .......... (APMR CEl V2 7 2010 Jr7 i s ��.�� �V'C;- �r 7Gc all Lc) l 24 G� /�/ZFrFtii Sic.✓ vr� o T S53 4T ,i�115St,-41,F le--- ���tvIL �7 This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (County) and HOLIDAY PINES PROPERTY OWNERS ASSOCIATION. INC., whose address is 5804A Indian Pines Blvd, Fort Pierce, FL 34951-2302 (Association). WHEREAS, the Association desires to install signs identifying Holiday Pines Subdivision. There will be one (1) sign replaced on Indian Pines Blvd, a sign replaced on Deer Run Drive and a sign relocated on Suson Lane. The proposed signs would be 5feet-6inches by 9feet ground signs. The wording will be "Holiday Pines". The signs will be one sided. They will be CMU construction and faced with stacked stone as indicated on the attached Exhibit "A". WHEREAS, the County is willing to permit the Association to use the rights -of -way of Suson Lane, Deer Run Drive and Indian Pines Blvd to maintain, weed, mow, and install signs in these locations, subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Association a Revocable License Agreement for the purpose of maintaining, weeding, mowing, and constructing signs in the rights -of -way of 1 J Suson Lane, Deer Run Drive and Indian Pines Blvd as indicated in the attached sketch and incorporated herein as Exhibit "A-1 - A-3". The signs will be placed on County property outside the clear recovery zone and at locations of proper safe sight distance in the rights -of -way of Suson Lane, Deer Run Drive and Indian Pines Blvd identified in Exhibit "A-1 - A-3". This Revocable License shall extend only to the above -referenced locations and shall not extend to the construction and/or installation of any additional signs. 2. The sole purpose of this Revocable License Agreement is to allow the Association to maintain, mow, weed and construct signs in the requested locations. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Association to construct, maintain, weed, and mow around the signs in the locations identified in Exhibit "A-1 - A-3". 4. The Association shall construct the signs in accordance with the Standard Specifications for Public Works Construction in St. Lucie County, Florida, and FDOT Standards. The Association shall also obtain a Right -of -Way Permit and provide a Maintenance of Traffic Plan to the County for approval prior to installation and provide notice to the County Engineer and Road and Bridge Manager with a schedule for installation, if needed. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Association provided that Association gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer or Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachment at the Association's sole expense upon ninety (90) days written notice to the Association. The County Engineer or Road and Bridge Manager may, in lieu of 2 termination, request that the Association perform certain alterations to the signs and locations in the rights -of -way mentioned in Exhibit "A-1 - A-3", at the Association's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the demise of the signs, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Association shall be responsible for the removal or restoration of the rights -of -way as directed by the County Engineer or Road and Bridge Manager, consistent with the specifications of the County in force at such time. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. The Association agrees to relocate the referenced signs, at any time and at no cost to the County, if necessary for the maintenance or improvements of the rights -of -way by the County. 10. The signs in the County's rights -of -way shall be constructed in accordance with all applicable codes and permitting regulations of the County and shall be maintained solely at the expense of the Association. Any maintenance activity will be subject to the written approval of the County Engineer or Road and Bridge Manager. 11. The Association agrees to allow County employees access to the locations of the signs for County purposes as determined by the County Engineer or Road and Bridge Manager. 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand 3 delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 As to Owner: Holiday Pines Property Owners Association, Inc. 5804A Indian Pines Blvd Fort Pierce, FL 34951-2302 As to County: Road and Bridge Manager 2300 Virginia Avenue Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. As consideration for the County granting this Revocable License Agreement the Association agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Association's use of the property. 14. The Association shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Association shall pay any document excise taxes and the cost of recording this Revocable License Agreement. 4 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: DEPUTY CLERK WITNESSES: STATE OF FLORIDA COUNTY OF ST. LUCIE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY HOIDAY PINES PROPERTY OWNERS ASSOCIATION INC. BY• IT'S z/ &'r The foregoing instrument was acknowledged before me this � + day of 2010, byas Le— HOLIDAY PINES PROPERTY OWNERS ASSOCIATION. INC. who produced i cre,&.c- (type of identification) and who did take an oath. WITNESS my hand and official seal, this �+�- day of 2010. My commission expires �o dyer 4, ?° .tom #DD 832769 : o S ature of Notary Public C 4 548 EXHIBIT 1W AGENDA REQUEST ITEM NO. VI-8-4 r' -0 DATE: June 15, 2010 COUNTYREGULAR[] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Solar and Energy Loan Fund of St. Lucie County BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board appoint Commissioner Coward to serve as the Board's representative on the board of directors of the Solar and Energy Loan Fund of St. Lucie County, Inc. through the Board's November 2010 reorganization meeting COMMISSION ACTION: �] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management b Budget Purchasing: _ Daniel S. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA COUNTY • TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C. A. NO.: 10-0720 DATE: June 4, 2010 SUBJECT: Solar and Energy Loan Fund of St. Lucie County BACKGROUND: Commissioner Coward is working with a group of lenders and other interested parties to create a Community Development Financial Institution ("CDFI") to assist in financing renewable energy and sustainability projects. Part of the process involves the creation of a not for profit corporation pursuant to Section 501(c)(3) of the Internal Revenue Code. In this regard, the County's bond counsel has drafted Articles of Incorporation and By -Laws for a proposed corporation to be known as "Solar and Energy Loan Fund of St. Lucie County, Inc." The initial board of directors would be composed of five (5) members, one of whom would be a member of the Board of County Commissioners as appointed by the Board of County Commissioners. In this regard, staff is suggesting that the Board initially appoint Commissioner Coward to serve until the Board's November 2010 reorganization meeting. Thereafter, the Board would appoint a member of the Board of County Commissioners to serve on the board of directors of the corporation annually through the date that the Board reorganizes. RECOMMENDATION/CONCLUSION : Staff recommends that the Board appoint Commissioner Coward to serve as the Board's representative on the board of directors of the Solar and Energy Loan Fund of St. Lucie County, Inc. through the Board's November 2010 reorganization meeting. 1I Daniel S. McInt Count Attorney, DSM/caf ARTICLES OF INCORPORATION SOLAR AND ENERGY LOAN FUND OF ST. LUCIE COUNTY, INC. A Florida corporation not -for -profit The undersigned, acting as incorporator of a corporation pursuant to Chapter 617, Florida Statutes, adopts the following Articles of Incorporation ("Articles") for such corporation: ARTICLE I Name and Location of Principal Office The name of the corporation is SOLAR AND ENERGY LOAN FUND OF ST. LUCIE COUNTY, INC., a Florida corporation not -for -profit. Its initial office shall be at c/o 2300 Virginia Avenue, Fort Pierce, Florida 34982. ARTICLE II Term The corporation shall exist perpetually until dissolved by due process of law. ARTICLE III Incorporator The name and address of the incorporator of the corporation is Robert Reid, Esq., Bryant Miller Olive P.A., 101 N. Monroe Street, Suite 900, Tallahassee, Florida 32301. ARTICLE IV Powers The corporation shall possess, and may exercise, all of the powers and privileges conferred on a corporation not -for -profit under the laws of the State of Florida, together with all powers necessary or convenient to the conduct, promotion, or attainment of the activities or purposes of the corporation, limited only by the restrictions set forth in these Articles or by the By-laws of the corporation. ARTICLE V General Purposes The purposes for which the corporation is organized are exclusively charitable, scientific, literary, and/or educational within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States Internal Revenue Law. Primary Purposes Within the general purposes for which the corporation is organized, the primary purpose shall be to foster the development of a green economy through education and facilitating the implementation of public programs and related activities promoting and implementing conservation of energy usage and generating and/or utilizing alternative energy production facilities with the goal of assisting in the conservation and protection of the Florida environment within St. Lucie County, Florida, and the surrounding area, through the use, development, deployment, creation and facilitation of energy conservation technologies, alternative energy production and/or distribution technologies, additional energy production and conservation related technologies yet to be developed, and related economic and community development and revitalization strategies historically utilized by local governments and community based organizations to foster and promote conservation of energy, economic revitalization and community development through investment in and assistance to community based institutions. The corporation is intended to organize and qualify as a Community Development Financial Institution ("CDFI") as authorized and contemplated by the Reigle Community Development and Regulatory Improvement Act of 1994, as amended, and through its operations, to lessen the burdens of government undertaken by St. Lucie County, Florida. To carry out these economic and community redevelopment and revitalization and conservation purposes, the corporation can undertake the following activities: 1. Provide alternative and/or supplemental credit, through grants and loans, 2 to businesses serving low and moderate income target areas in order to promote the development of the economic base of economically lagging regions and prevent further deterioration of the regions resulting from cash out -flow from the regions and to accelerate redevelopment in distressed areas where access to capital markets is limited for small businesses by offering flexibility that is not feasible through traditional financing. 2. Provide alternative and/or supplemental credit, through grants and loans, directly or through a local governmental program (including, but not limited to, a property assessed clean energy program sponsored by one or more local governmental units), to families of low and moderate income and other families and property owners who may not otherwise have access to credit to finance energy conservation and energy efficiency improvements and clean energy improvements to real property. 3. Create and implement alternative models of financing for community economic development which encourages involvement by local community organizations, governmental entities, financial institutions, religious organizations, foundations, and corporations through: (a) direct lending to community -based prototype development projects; (b) loan referral, packaging, and management assistance for potential lenders and borrowers; and (c) technical assistance to potential borrowers from the corporation, community -based not -for -profit cooperative organizations, and minority and small businesses in developing their own management capabilities. 4. Conduct conferences, seminars, lectures, educational sessions and other public discussions and programs on issues relating to community reinvestment, socially responsible investment, and related topics of social concern, including the development of a "green economy", energy conservation and efficiency improvements and clean energy improvements to real property. 5. Stimulate the creation and retention of jobs. 6. Support and partner in job training educational programs in the region. 7. Attract businesses to the areas which will contribute to its economic 01 diversity, create job opportunities and have a good chance of success without creating significant negative impacts on competition or the environment. 8. Stimulate the formation of new businesses so as to create entrepreneurial career opportunities and to fill perceived or identified voids in retail and service businesses, including microbusinesses and start-up companies that require assistance. 9. Supplement existing economic development financing programs, especially those undertaken by local government units and other exempt organizations access. 10. Provide an alternative source of funds to local businesses, low and moderate income families and other families who have no other access to lendable funds with a geographic focus. ARTICLE VI Activities Not Permitted Notwithstanding any other provision of these Articles, the corporation will not carry on any other activities not permitted to be carried on by (a) a corporation exempt from Federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States Internal Revenue Law or (b) a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Code of 1986 or any other corresponding provision of any future United States Internal Revenue Law. ARTICLE VII Dedication and Distribution of Assets No part of the net earnings of the corporation shall inure to the benefit of any member, Director, or Officer of the corporation or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation affecting one or more of its purposes) and no member, Director, or Officer of the corporation or any private individual shall be entitled to share in the distribution of any of the corporate assets upon dissolution of 4 the corporation. In the event of dissolution, the residual assets of the corporation will be turned over to one or more organizations which themselves are exempt as organizations described in Section 501(c)(3) and 170(c)(2) of the Internal Revenue Code of 1986 or corresponding sections of any prior or future Internal Revenue Code, or to the Federal, State, or local government for exclusive public purposes. ARTICLE VIII Management of Corporate Affairs (a) Board of Directors. The powers of the corporation shall be exercised, . its properties controlled, and its affairs conducted by a Board of Directors. The corporation shall have five (5) Directors initially. The number of Directors of the corporation may be increased or decreased from time to time (but not below five (5) members) in the manner provided in the By- laws of the corporation. The method of selection of Directors shall be set forth in the By-laws of the corporation. The Board shall be composed of members who, as a whole, represent local governmental interests in economic development, local financial institutions active in assisting that portion of the population to be served by the corporation, local business interests and persons who represent the community to be served by the corporation. The Directors named in these Articles as the first Board of Directors shall hold office until the first annual meeting of the corporation at which time an election of Directors shall be held. Directors elected at the first annual meeting, and at all times thereafter, shall serve for a term of three (3) years or until their successors are elected and have qualified as provided in the By-laws of the corporation then in existence, or, until their resignation or removal. Annual meetings shall be held at the principal office of the corporation, or at such other place or places as the Board of Directors may designate from time to time by resolution. Any action required or permitted to be taken by the Board of Directors under any provision of law may be taken without a meeting if all members of the Board shall individually or collectively consent in writing to such action. Such written consent or consents shall be filed 5 with the minutes of the proceedings of the Board and any such action by written consent shall have the same force and effect as if taken by unanimous vote of the Directors. Any certificate or other document filed under any provision of law which relates to action so taken shall state that the action was taken by unanimous written consent of the Board of Directors without a meeting and that the Articles and By-laws of the corporation authorize the Directors to so act. Such a statement shall be prima facie evidence of such authority. The names and addresses of such first members of the Board of Directors are as follows: NAME [Name 1] [Name 2] [Name 3] [Name 4] [Name 5] ADDRESS The representative of the Board of County Commissioners shall be appointed each year in November on the date the Board holds its reorganization meeting. terms: The remaining initial members of the Board of Directors shall serve for the following - One (1) members shall serve for one (1) year; - One (1) members shall serve for two (2) years; and - Two (2) members shall serve for three (3) years. Thereafter, all members shall serve for three (3) year terms. No member of the Board of Directors may serve for more than two (2) consecutive three (3) year terms; provided, however that a member may be reappointed after a one-year absence from membership on the Board of Directors. Each member of the Board of Directors shall serve until his or her term expires and until his or her successor has been duly appointed and qualified to serve, or until his or her removal or resignation (if sooner). (b) Corporate Officers. The Board of Directors shall elect the following officers: President, Vice President, Treasurer, and Secretary and such other Officers as the By-laws of the M. corporation may authorize, from time to time, the Directors to elect. Initially such Officers shall be elected at the first annual meeting of the Board of Directors. (c) Committees. The By-laws of the corporation or the Board of Directors may, by resolution, create one or more committees to have primary responsibility over specific operational areas, including, but not limited to, a loan committee to oversee lending operations, a citizen advisory committee to provide community feedback on the operation of the corporation in carrying out its organizational mission and such executive committees as may be deemed appropriate and in the best interest of the corporation by the Board of Directors. No committee (or any member of any committee) shall have any authority except as specifically granted to it by the Board of Directors and each committee shall answer to the Board of Directors. ARTICLE IX Indemnification Every person who now is or hereafter shall be a Director or Officer of the corporation shall be indemnified by the corporation against all costs and expenses (including counsel fees) hereafter reasonably incurred by or imposed upon him in connection with, or resulting from, any action, suit, or proceedings of whatever nature, to which he is or shall be made a party by reason of his being or having been a Director or Officer of the corporation (whether or not he is a Director or Officer of the corporation at the time he is made a party to such action, suit or proceeding, or at the time such cost or expense is incurred by or imposed upon him) to the extent and as specifically provided in the By-laws of the corporation. ARTICLE X Membership The corporation shall have no members. 7 ARTICLE XI By-laws The Board of Directors of the corporation may provide such By-laws for the conduct of the business of the corporation and the carrying out of its purposes as such Directors may deem necessary from time to time. The By-laws may be amended in the manner set forth in the By- laws. ARTICLE XII Amendments to Articles of Incorporation An amendment to these Articles may be adopted only after receiving an affirmative vote of the majority of the Board of Directors. ARTICLE XIII Initial Registered Office and Agent The name and address of the initial registered agent of the corporation is Robert Reid, Esq., Bryant Miller Olive P.A., 101 N. Monroe Street, Suite 900, Tallahassee, Florida 32301. IN WITNESS WHEREOF, the undersigned have made, subscribed and acknowledged these Articles of Incorporation on this day of . 2010, for the purpose of forming the corporation not for profit under the laws of the State of Florida. Name: Robert Reid 0 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2010, by Robert Reid, as incorporator of Solar and Energy Loan Fund of St. Lucie County, Inc., a Florida not -for -profit corporation, on behalf of the corporation, who is personally known to me or has produced as identification (check one). [SEAL] Notary Public, State of Florida Name: My Commission Expires: ACCEPTANCE OF REGISTERED AGENT FOR BUSINESS LOAN FUND OF ST. LUCIE COUNTY, INC. I, Robert Reid, being named as the registered agent and to accept service of process for Solar and Energy Loan Fund of St. Lucie County, Inc. (the "Corporation") at the above -stated registered address, hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent. Dated this day of .2010. Name: Robert Reid E 1W ' ITEM NO. VI - C DATE: 06/15/10 ,COUNTY AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Donald B. We4ect SUBMITTED BY: Public Works Administration Public Works o SUBJECT: Lakewood Park — Indian River Estates FEMA Grant BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 102001-3725-563005-425047 — Drainage Maintenance MSTU — Stormwater Management. PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Sixth Amendment to Work Authorization No. 16 for additional work with Hazen & Sawyer in the amount of $5,354.48, and authorization for the Chairman to sign contract documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst Daniel McIntyre Marib Gouin Originating Dept. ( )ADo w • ERD ( ) Id B. West Karen Smith Public Works Administration COC.INTY F L O R t D A MEMORANDU TO: Board of County Commissioners FROM: Donald B. West, Public Works Director DATE: June 15, 2010 SUBJECT: Lakewood Park — Indian River Estates FEMA Grant ITEM NO. VI - C Backaround: During April of 2005, the County applied for a FEMA Hazard Mitigation Grant in the amount of $4.9 million dollars. The funding was needed to complete the construction of Stormwater projects that will provide increased flood protection for the Lakewood Park/Indian River Estates neighborhoods. Hazen & Sawyer Engineers has provided technical support to our grant writing team in our pursuit of the FEMA grant for Lakewood Park and Indian River Estates. On October 12, 2007, the grant application was denied by FEMA, on the basis that FEMA considered the project to be a water quality project. On November 28, 2007, the County appealed the denial decision. We have been pursuing the appeal process ever since, continuing to' provide extensive technical backup, modeling analysis, and lobbying efforts. The attached proposal and sixth amendment outlines the work that has been provided by Hazen & Sawyer Engineers in providing the necessary technical data to satisfy FEMA. The attached Amendment Number 6 will increase the overall compensation provided to Hazen & Sawyer in the amount of $5,354.48. This covers the additional engineering work along with what has been completed to date. Previous Action: April 15, 2005: Work Authorization Number 17 with Hazen & Sawyer for grant technical assistance in the amount of $10,000 approved by Administration. July 6, 2005: Amendment Number one to Work Authorization Number 17 to increase the total amount to $15,000 approved by Administration. April 2, 2007: Amendment Number two to Work Authorization Number 17 to extend the time of completion to June 30, 2007, approved by Administration. Recommendation: Board approval of Sixth Amendment to Work Authorization No. 16 for additional work with Hazen & Sawyer in the amount of $5,354.48, and authorization for the Chairman to sign contract documents as approved by the County Attorney. r SIXTH AMENDMENT TO WORK AUTHORIZATION NO. 16 Engineering Services CO3-05-395 Lakewood Park Stormwater System Improvements Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Hazen and Sawyer, P.C. (the "Engineer") dated May 13, 2003, is hereby amended to $177,852.48, an increase of $5,354.48, to successfully complete the scope of work as set forth in the Engineer's Agreement and more particularly described in the attached Exhibit "A". The Engineer agrees to provide the additional Scope of Services described in Exhibit "A" and for the additional Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C" (all work to be completed on or before June 30, 2010). All other terms and conditions of Work Authorization No. 16 (03-05-395) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ENGINEER BY: A&—L � Print Name: /7 /t'tui'li Hazen and Sawyer, P.C. Date: "5 ��Y// o EXHIBIT A SCOPE OF SERVICES ST. LUCIE COUNTY LAKEWOOD PARK — INDIAN RIVER ESTATES STORMWATER SYSTEM IMPROVEMENTS PROJECT DESCRIPTION From 2007 to 2009, Hazen and Sawyer (ENGINEER) has been requested by St. Lucie County (COUNTY) to assist with processing a grant application to FEMA for the Lakewood Park - Indian River Estates Project. Subsequent to our last authorization and expenditure of funds, FEMA and the Florida State Mitigation Office had additional questions which required further input and coordination from the ENGINEER. SCOPE TASK 1 — RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION (RAI) FROM FEMA AND STATE MITIGATION ENGINEER provided a response, in memorandum form, to the Hazard Mitigation Grant Program (HMGP) Project Review of HMGP Application No. 1561-249. The memorandum provided additional technical information about the engineering and environmental impacts of the project including Fuel Storage Tank Documentation, documentation of how this project would meet "Minimum Project Criteria" established by FEMA and an overview of Lakewood Park - Indian River Estates Flooding Conditions/Problems. Also included was an evaluation of the cost effectiveness and future risk reduction detailing the repetitive nature of the problem and the significant risks to public health and safety. ENGINEER attended meetings with COUNTY, FEMA and State Mitigation. Meetings included review of the RAI, discussion of the response to the RAI and a site visit. Based on those meetings, ENGINEER finalized the memorandum and submitted the document to FEMA/Florida State Mitigation Office with copies to the COUNTY. FtP.J. ProposalsStLudeCounW33 Page 1 of 3 EXHIBIT B BUDGET ST. LUCIE COUNTY LAKEWOOD PARK — INDIAN RIVER ESTATES STORMWATER SYSTEM IMPROVEMENTS ENGINEER's cost for these services are a lump sum amount of $5,354.48. Task Cost Task 1 — Response to Request for Additional $5,354.48 Information (RAI) from FEMA and State Mitigation Total $5,354.48 FtP.J:/ProposalsSt LucieCount 133 Page 2 of 3 EXHIBIT C WORK SCHEDULE ST. LUCIE COUNTY LAKEWOOD PARK — INDIAN RIVER ESTATES STORMWATER SYSTEM IMPROVEMENTS Task Time to Complete Task 1 — Response to Request for Additional June 30, 2010 Information (RAI) from FEMA and State Mitigation All work to be completed on or before June 30, 2010. FtP.J.- ProposalsSt LucieCounty133 Page 3 of 3 ITEM NO. VI-D DATE: 06/15/10 �COUNTY • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Ben DeVries� SUBMITTED BY: Administration / TC Research Park Executive Director SUBJECT: Monument Sign at the Treasure Coast Research Park BACKGROUND: Please see attached memorandum FUNDS AVAILABLE: 316-3716-563000-093610 (Research Park — Infrastructure) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board authorize staff to accept Don Bell Signs' quote of $49,110.88 and sign the contract as prepared by the Purchasing Department with the County Attorney's approval. USDA and the University of Florida will reimburse Capital Account Number 316-3716-563000-093610 in the amount of $16,370 each. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst (Name) Originating Dept. ( ) ZERD ( ) Ben De xec. Dir. (Name) (Name) (Name) Administration Treasure Coast Research Park MEMORANDUM TO: Board of County Commissioners FROM: Ben DeVries, Executive Director 1 Treasure Coast Research Park u' i) DATE: June 15, 2010 SUBJECT: Monument Sign at the Treasure Coast Research Park ITEM NO. VI-D Background: Research Park staff requested and received 4 quotes for a monument sign to be located at the main entrance to the park. Structural design and fabrication required the ability of relocating the sign at some future date, yet have the ability to withstand windloads. Don Bell Signs submitted the lowest quote with two years' warranty, inclusive of all items required and has the experience (please see Attachment 'A'). Staff partnered with USDA and the University of Florida to share in the cost of the Treasure Coast Research Park monument sign; each party agreeing to contribute 1/3 share of the total contract amount of $49,110.88. The TCERDA BOD members are in agreement with staffs recommendation and authorized the expenditure of 1/3 share of the cost. Previous Action: N/A Recommendation: Staff recommends the Board authorize staff to accept Don Bell Signs' quote of $49,110.88 and sign the contract as prepared by the Purchasing Department with the County Attorney's approval. USDA and the University of Florida will reimburse Capital Account Number 316-3716-563000-093610 in the amount of $16,370 each. ATTACHMENT `A' DON BELL SIGNS, LLC Scope of Services Don Bell Signs LLC, will supply labor, materials and necessary equipment to perform the following for the customer: • Fabricate and install (1) one custom double faced 19'x8' sign with Treasure Coast Research Park portion aluminum faces with LED illuminated reverse channel letters, double faced 25MM pixel RGB 32"x80" matrix message center, faux stone laminate covering pylon cover. • Design structural engineering is included. • There is a (2) two year full comprehensive warranty on the entire sign, labor and material. Odo WS sH z .z =_ a o� IMa l7 = s O w ins LL _ 0 I W leii I m .^ EL!..P_��-. fte ram+ A� cc � e O �o 0 O . 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DATE: VI-E 06/15/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Glenn Henderson �. Grants/Disaster Recovery Department Grants/Resource Developer Federal Transit Administration (FTA) State of Good Repair Initiative — Grant Application See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board authorization to submit a grant application to the Federal Transit Administration (FTA) for funding not to exceed $4,550,000 for replacement of 14 Community Transit buses. COMMISSION ACTION: QQ APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) OMB Director Daniel McIntyre Originating Dept. (X) W}liiam Hoeffner (X) , J1 Marie Gouin Budget Analyst (X) �Tf Sophia Holt Community (X) Services Director Beth Ryder Grants/Disaster Recovery MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffnerk/N Grants/Disaster Recovery Director FROM: Glenn Henderson 2� Grants/Resource Developer DATE: June 15, 2010 SUBJECT: Federal Transit Administration (FTA) State of Good Repair Initiative — Grant Application ITEM NO. VI -El Background: Community Transit, a division of the Council of transit service for St. Lucie County through a transport residents to places of work, colleges, throughout the County. Aging of St. Lucie County contract with the County. medical appointments and Inc., provides public is fixed -route buses retail establishments Community Transit's 14 fixed -route Bluebird buses, in service since 2002, have exceeded their 7- year recommended service life. They are expensive to operate, and maintenance costs have become prohibitive. Community Transit proposes replacing these buses with 2010 31-foot El Dorado buses that are heavy duty, low -smoke, quiet -operating and have a minimum expected service life of 10 years. This diesel bus model is recommended by the state Department of Transportation and offered through a state contract for up to $325,000 each, fully equipped. The savings in lower maintenance costs are projected to be significant. This FTA grant requires a non-federal match of 20 percent. This is being met with Florida Department of Transportation (FDOT) Toll Revenue Credits that are eligible as local match for Federal funding. Recommendation: Board authorization to submit a grant application to the Federal Transit Administration (FTA) for funding not to exceed $4,550,000 for replacement of 14 Community Transit buses. AGENDA REQUEST ITEM NO. VI- F- DATE: 6/15/10 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Stefanie Myers SUBMITTED BY: Housing and Community Services/ Community Services Manager Community Services SUBJECT: Community Services Block Grant (CSBG) Modification BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001510-6420-331691-600 CSBG FY 2009-2010 PREVIOUS ACTION: June 6, 2009 — Approved agreement with the Florida Department of Community Affairs. RECOMMENDATION: Board approval of agreement modification for the Community Services Block Grant and Budget Resolution 10-187, and authorization for Chairman to sign all necessary documents. COMMISSION ACTION: d0 APPROVED ( ) DENIED ( ) OTHER County Attorney ( ) Approved 5-0 �i■ Coordination/Signatures Daniel S. McIntyre Originating Dept. ( ) l Beth Ryder CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Director ( ) 0%— Budget Analyst Mahe Gouin Sophia Holt Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director '5�5 6L FROM: Stefanie Myers, Community Services Manager DATE: June 15, 2010 SUBJECT: Community Services Block Grant (CSBG) Modification ITEM NO. VI- F1 Backaround: The Florida Department of Community Affairs annually provides additional funding that has been allocated under the CSBG. The initial allocation for FY09/10 was $287,204. The amendment is for a total of $303,514. This includes a base increase of $7,297 and carryover funds from FY08/09 of $9,013. The increase is allocated based on the percentages outlined in the Interlocal Agreement with Martin and Okeechobee County. St. Lucie County will receive an additional $12,807 with $2,002 going to Martin County and $1,501 to Okeechobee County. The total increase of $16,310.00 is divided between St. Lucie County 53.5%, Okeechobee County 20.5% and Martin County 26%. Recommendation Board approval of agreement modification for the Community Services Block Grant and Budget Resolution 10-187, and authorization for Chairman to sign all necessary documents, and authorize the Chair to sign all necessary documents. Attachments: CSBG Modification RESOLUTION NO. 10-187 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 Department of Health and Human Services Grant in the amount of $16,310. 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 15th day of June, 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 001510-6420-331691-600 Department of Health & Human Services $16,310 APPROPRIATIONS 001510-6420-549605-600 Domestic Subsidy-SLC $12,807 001510-6420-581065-600 Martin County $ 2,002 001510-6420-581075-600 Okeechobee County 1,501 $16,310 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 15TH DAY OF JUNE 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY W STATE OF ., DEPARTMENT OF COMMUNITY AFFAIRS °Dedicated to making Florida a better place to call home" CHARLIE CRIST THOMAS G. PEIHAM Governor Secretary TO: Community Services Block Grant Recipients rn FROM: Hilda Frazier, ManagaEU Community Assistance Section MAY 8 0 2010 DATE: May 18, 2010 SUBJECT: FY 2009-2010 Community Services Block Grant Modifications The Department of Community Affairs (DCA) is accepting modifications to your current Community Services Block Grant (CSBG) contract. This modification incorporates carry -forward funds from your FY 2008-2009 CSBG contract and additional FY 2009-2010 CSBG funding. This modification does not increase your agency's authority to incur costs. DCA will release the balance of the funds in July, 2010 after new State budget authority is received. Please take this opportunity to review your current fiscal and program status. Revise your budget and work plan in light of year-to-date fiscal expenditures and program accomplishments. The amended Attachment C, Scope of Work/Workplan now requires explanations for line items percentages under 80% or over 120%. This modification is due to DCA no later than June 21, 2010. However, you should submit the modification to the Department as soon as possible to avoid delays in processing your request for payments. The modification will be effective when both parties have signed it. Mail three modification packages with original signatures to: Ms. Hilda Frazier, Manager Department of Community Affairs Division of Housing and Community Development 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Electronic copies of the modification forms have been emailed to you. Attachment B-1, Budget Summary, Attachment B-3, Budget Detail and Attachment C, Scope of Work/Workplan are in Excel. The remaining forms are in Word for Windows. In addition to the hard copies of the forms you mail to DCA, send the Excel forms to your financial specialist as an attachment to an email. If you have any questions, please contact your financial specialist at (850) 488-7541 or by fax at (850) 488-2488. HF/sl Enclosures 2555 SHUMARD OAK BOULEVARD ♦ TALLAHASSEE, FL 32399-2100 850-488-8466 (p) • 850-921-0781 (1) ♦ Website: www_d a_state t(us. • COMMUNITY PLANNING 850-488.2356 (p) &W-4 .3309 (p • FLORIDA COMMUNITIES TRUST $50-922-2207 (p) 850-921-1747 (n • HOUSING AND COMMUNITY DEVELOPMENT 8604MI956 (p) 850-922-5623 (f) CONTRACT NO: 1 OSB-70-12-00-01-027 MODIFICATION NO: 002 MODIFICATION OF AGREEMENT BETWEEN FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND St. Lucie County Board of County Commissioners This Modification is made and entered into by and between the State of Florida, Department of Community Affairs, ("the Department"), and the St. Lucie County Board of County Commissioners ("Recipient") to modify DCA Contract Number 1 OSB-70-12-00-01-027 ("the Agreement"). WHEREAS, the Department and the Recipient have entered into the Agreement, pursuant to which the Department has provided a sub -grant of $ 287,204 to the Recipient; and NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. Paragraph (17)(a) Funding Consideration, is hereby modified to read as follows: (a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $303.514, subject to the availability of funds and appropriate budget authority. The Recipient is authorized to incur costs in an amount not to exceed $209.084 until further notification is received by the Department. As funds and budget authority are available, changes to the costs the Recipient may incur will be accomplished by notice from the Department to the Recipient, in the form of certified mail, return receipt requested, to the Recipient's contact person identified in Attachment A, Recipient Information. The terms of the Agreement shall be considered to have been modified to allow the Recipient to incur additional costs upon the Recipient's receipt of the written notice from the Department. This revised contract amount includes: A. $ 287,204 Current CSBG Allocation ( FY 2009-2010) B. $ 9,013 Carryover Funds (FY 2008-2009) C. $ 7.297 Base Increase (FY 2009-2010) D. $ 303,514 Total (Amended CSBG Allocation) 2. If applicable, Attachment A, Recipient Information, Attachment B-1, Budget Summary, Attachment B-2, Sub -Recipient Information, Attachment B-3, Budget Detail, Attachment B4, Secondary Administration and Attachment C, Scope of Work/Workplan are hereby deleted in their entirety and replaced with Amended Attachment A, Recipient Information, Amended Attachment B-1, Budget Summary, Amended Attachment B-2, Sub -Recipient Information, Amended Attachment B-3, Budget Detail, Amended Attachment B4, Secondary Administration and Amended Attachment C, Scope of Work/Workplan are attached hereto and incorporated herein by reference. AMENDED ATTACHMENT A - RECIPIENT INFORMATION FEDERAL FISCAL YEAR: 2010 CONTRACT PERIOD: October 1. 2009 to September 30. 2010 1. RECIPIENT: 2. COUNTIES TO BE SERVED WITH THESE FUNDS: 1 2 3 4 5 7 8 9 10 3. GENERAL ADMINISTRATIVE INFORMATION A. Agency Head (Executive Director or Chief Department Administrator) Name: Title: Street Address: County: Cam: F1 Zip Code: Telephone ( ) Fax ( ) __ E-Mail: MAILING ADDRESS (IF DIFFERENT FROM ABOVE) Address: City: FI Zip Code: B. Chief Elected Official for Local Governments or President/Chair of Board for Nonprofits (Home or business address other than agency address.) Name: Title: Street Address: County: City: FI Zip Code: Telephone ( ) _ Fax ( ) E-Mail: C. FOR PUBLIC AGENCIES: Chair of Community Action Board (Home or business address other than agency address.) Name: Title: Street Address: County: City: FI Zip Code: Telephone ( ) Fax ( ) _ E-Mail: D. RECIPIENT CONTACT ERSONIPROGRAM COORDINATOR Name: Title: Street Address: County: City: F1 Zip Code: Telephone ( ) Fax ( ) E-Mail: E. WARRANT OFFICER OFFICIAL TO RECEIVE STATE WARRANT) Name: Title: Address: (Street address) City: , FI Zip Code: Telephone ( ) Fax ( ) E-Mail: F. FINANCIAL CONTACT PERSON Name: Title: Address: (Street address) City: FI Zip Code: Telephone ( ) Fax ( ) __ E-Mail: G. PERSON(S) AUTHORIZED TO SIGN FISCAL REPORTS 1. Name: Title: 2. Name: Title: 4. SUB -RECIPIENT INFORMATION These funds will be transferred to one or more Sub -Recipients: Yes_ No For each Sub -Recipient, attach a copy of Attachment B-2, Sub -Recipient Information 5. AUDIT: Recipient Fiscal Year. to Audit is due nine months from the end of the recipient's fiscal year. AMENDED ATTACHMENT B-1 CSBG BUDGET SUMMARY RECIPIENT: CONTRACT NO: I. C38G Grant Funds Allocated 2. Total Cash Match Amount 3. Total In -Kind Match Amount 4. TOTAL MATCH (line 2 + line 3) S. TOTAL FUNDS (line 1 + line 4) SUDGETCATEGORY (C38G FUNDS ONLY) (une 7 + Llns 8 10. ADMINISTRATI Line 8 divided 11. RECIPIENT DIF 12. RECIPIENT OT Salaries, Rent, I 13. TOTAL RECIPII (Line 10 + Line 14. SUBRECIPIENI 15. SUBRECIPIENI Salaries, Rent, L 6. TOTAL SUBREI __(Line 13 + Line 7. TOTAL PROGR/ __fLlne 12 + Line 1 (Line 9 + Line 17 + Line 18) 1 ' THESE AMOUNTS MUST AGREE WITH LINE 8 ABOVE. Mod No: Round a1 dodar aefounb up to 10 naanwt dollar. Provide a mininum of 2.00%- Cash Match 20.00%- Toth Match Do not under match. 1.99% Cash Match is onaccsptapk. Match amoifts must"with &nWWed totes rejected on #w CSBG Cash In -Kind 0 MODIFIED BUDGET 0 Page _ of CSBG AMENDED ATTACHMENT 8-2 SUB -RECIPIENT INFORMATION (Complete this page for each sub -recipient) RECIPIENT: SUB -RECIPIENT INFORMATION: NAME OF ENTITY: MAILING ADDRESS: FL ZIPCODE _ STREET ADDRESS (IF DIFFERENT): ,FL ZIPCODE CONTACT PERSON'S NAME AND TITLE: TELEPHONE: ( FAX: ( NOTE: The following line items (7, 13, 14 and 15) must correspond to Attachment B-1, Budget Summary. If there is more than one sub -recipient, it is the Recipient's responsibility to ensure that the total of all sub -recipient budgets add correctly. Expenditures must be detailed in Attachment B-3. The Recipient must have a written agreement with all subcontractors. The agreement must meet the requirements of Section 14 of this agreement. A copy of the unsigned agreement with the subcontractor must be forwarded to the Department for review and approval along with this agreement. See OMB Circular A-133.210, Sub -recipient Vendor Determination, for further clarification. AMENDED ATTACHMENT 8-3 CSBO BUOGET DETAIL RECIPIENT: -tAruun SOURCES OF CASH AND IN -KIND MATCH w L ��(WL�! I,_ _i ti C� CO Z W .2 m c Or o co Z 0 E 10 3 =F z Ji ma� EE12 V a Z � L, G pp I o z Z LUa ` z w O Q } y .� �jQC}j1 � Vl y� C m .� ul CO a > .� zy 'c ?�` U E g � coo N� O OCL_•r ' •K 4 � W W < LL0 Li Wujao: O UN a C7 t Wit* er, us ds z aR c 4CW a OZI �0 us CE mo Iww z U) CL 0 v~i w v, w, u, u, z W a FW- c 0 C C G V �v d L S c�CL � a4 Ems' z 9l E 0 OG G- WZ QWHz a :t�o� E .m z of a O N W d, a, a, us z HU L° � y FEE a 9 a� a2z .0 m z �'111 d a� v b.A Cy VD ti E c caw c ,� 3t� L _ '> V z W 2' o _E o E Y c> 2 p> IR LO W) U c c� Eg'E �o N E c3�a ° I boo E 5 E Ur � cV*6 -all E o c o, �70 �c1�. mm .S ►- F- U F- a c� z tILL L I E � N M � tri (p � �c E� � 0 R N COMMUNITY SERVICES BLOCK GRANT - FY 2009-2010 ATTACE[MENT B-1- BUDGET SUMMARY MODIFICATION INSTRUCTIONS 1. Attachment B-1, Budget Summary -- to be completed by the Recipient. Sub -recipients are to complete Attachment B-2, Sub -recipient Information. The Budget Summary is a composite of the Recipient's budget and any sub -recipient's budget(s). Round all figures up to the nearest dollar. All entries must be supported by Attachment B-3, Budget Detail. 2. Budget Line Item Instructions: Line 1: CSBG Grant Fonds — the total amount of the CSBG award (allocation). This amount will be the larger of the two values given in Section 1(a) on the first page of the modification package. Line 2: Cash Match -- must be at least 2 percent of line 1. Cash match of less than 2 percent will not be accepted. Report the projected cash match dollar amount in the "Match" column. Enter the percent that the cash match is of the total CSBG grant total in the "Percent' column. Line 3: The amount of In -kind Match must be sufficient to bring the total amount of the match (line 4) to at least 20 percent of line 1. Report the projected In -kind match dollar amount in the "Match" column. Enter the percent the in -kind match is to the CSBG grant total in the "Percent" column. Line 4: Total Match must be at least 20 percent of line 1. Do not show any overmatch. Line 5: Total Funds -- the sum of the CSBG Grant Funds (line 1) and Total Match (line 4). Line 6: Total CSBG Funds Allocated. Previously and Amended CSBG Funds, Amended. Cash and In -Kind Match and Total Modified Budget Totals Line 7: Recipient Administrative Expenses - Enter the amended total administrative costs including salaries and fringe, rent, utilities, travel, and other items to be charged to this contract. Line 8: Enter the amended total of all administrative Sub -recipient Expenses including salaries and fringe, rent, utilities, travel, and other. This line must be the sum of all sub -recipient expenses as reported on Amended Attachment B-2. Line 9: Total Administrative Expenses. Expenses related to the administration of the grant. Sum of lines 7 and 8. Line 10: Administrative Expense Percentage. Divide the total amount of administrative expenses from line 9 column C by the total amount of CSBG grant funds from line 1. Enter this percentage in column C on line 10. This may not exceed 15 percent. Line 11: Itemize and total all Recipient Direct Client Assistance Expenses on Attachment B- 3, Budget Detail. Enter on Line 11. See definitions and further explanation in Bridget Detail Instructions. Modification Budget Instructions - Page 1 of 3 Line 12: Itemize and total all Recipient Other Program Expenses on Attachment B-3, Budget Detail. Enter on Line 11. See definitions and further explanation in Budget Detail Instructions. Line 13: Subtotal Recipient Program Expenses. Sum of lines 11 and 12. All activities paid for under Lines l l and 12, must be directly correlated to those specified in the Work Plan. Line 14: Itemize and total all Sub -recipient Direct Client Assistance Expenses on Attachment B-3, Budget Detail. This line must be the sum of all sub -recipient direct client assistance expenses as budgeted on Attachment B-2. Enter the total on Line 14. See definitions and further explanation in Budget Detail Instructions. Line 15: Itemize and total all Sub -recipient Other Program listed on Attachment B-3, Budget Detail. This line must be the sum of all sub -recipient other program expenses as budgeted on Attachment B-2. Enter the total on Line 15. See definitions and further explanation in Budget Detail Instructions. Line 16: Subtotal Sub -recipient Program Expenses. Add lines 13 and 14. All activities paid for under Line 13 and 14, must be directly correlated to those specified in the Work Plan. This line must be the sum of all sub -recipient program expenses as budgeted on Attachment B-2. Enter the total on Line 15. Line 17: Total Program Expenses. Add lines 13 and 16. Enter the total on Line 17. Line 18: Secondary Administrative Expenses. If secondary administrative expenses are requested, Attachment B4 must be completed. This line must agree with the total Secondary Administrative Expenses reported on Attachment B4. Line 19: Grand Total Expenses. Total all administrative and program expenses. Add lines 9, 13 and 16. The totals given on Line 19 must correspond with those given on lines 1 through S. ATTACHMENT B-3 BUDGET DETAIL INSTRUCTIONS NO The budget detail must follow the format reflected in the "Sample Attachment B-.i, Budget Detail" Budget detail not submitted in this format will be rejected and wig delay the contract signature proces& Each recipient and sub -recipient is required to provide budget detail for all expenses. BUDGET LINE ITEM NUMBER: This column ties the expense detail to the line item on the Budget Summary, Attachment B-1, NATIONAL PERFORMANCE INDICATOR: (Direct Client Assistance only). All program expenditures including sub -recipient program expenses must be identified by NPI Number and must tie to the Budget Summary, Attachment B-2 and the Work Plan, Attachment C. This includes expenses budgeted on lines 11 and 14. Modification Budget Instructions - Page 2 of 3 EXPENDITURE DETAIL: The narrative given in this column must be sufficient to explain the expenditure. If a salaried employee who is normally considered an administrative position such as executive director or fiscal director, is included under any category other than administration, an explanation of direct client assistance or other activities he or she will be providing must be included. The expenditure category "Other" must be itemized regardless of its total budgeted expense. Any equipment purchases must be acquired and accounted for according to OMB Circulars A- 110 and property and management and procurement standards. Under "Program Expenses," we recommend that the description of activities be given in general terms. Such as, "Self-sufficiency clients will be provided with public transportation vouchers." Instead of, "10 self-sufficiency clients will be provided with $95 each in bus tokens." This will give the agency more flexibility and reduce the need for contract modifications. Give enough detail to describe what you plan to pay. For example, "housing assistance" is too broad. Be more specific, for example, rent or mortgage assistance; housing counseling, temporary housing assistance. Because of the strict travel reimbursement rules related to mileage, be careful to specify the type of transportation assistance and any mileage rate to be used. Identify sources for the balance of salary for any position where CSBG funds are used to pay less than 100 percent of the salary. This information should be consistent with the cost allocation plan provided. See sample budget. Direct Client Expenses. These expenses can be traced to a specific client or group of clients and supported by a NPI in Goals 1 or 6. This includes payments made directly to a vendor on a customer's behalf. For example, costs incurred in achieving Goal 1 might include tuition, books, work supplies, etc. For Goal 6 it might include rent or utility payments, food or fuel vouchers, or medical supplies. Activities such as case management, counseling (budget, career, housing, etc.), transportation, or tax preparation should also be included. These costs may be provided directly by agency staff (cost of salary, benefits, etc.) or by subcontract with another entity. When budgeting staff expenses, give the job title and a brief description of the type of direct client assistance the position will be providing. For each expense, indicate a related National Performance Indicator. If a salaried employee who is normally considered an administrative position such as executive director or fiscal director, is included under this category, an explanation of what direct client assistance activities he or she will be providing must be included. Recipient Other Program Expenses are non -administrative expenses related to providing services to customers that cannot be tied directly to a specific client or group of clients, or directly to a National Performance Indicator. Examples are expenses related to general program outreach, client intake and income certification, program coordination with other service providers, rent and office expenses, staff training, travel, etc. BUDGETED EXPENDITURES: All CSBG Funds, Cash Match and In -Kind Match must be detailed. Subtotal all items within a budget line. Report the line item subtotal on the Budget Summary, Attachment B-1. SEE FOLLOWING PAGE FOR SAMPLE BUDGET DETAIL Modification Budget Instructions - Page 3 of 3 1 COU*T49", F LORI ULF NTY D A --'*& ITEM NO. VI - G DATE: 06/15/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY• Ken J. Mascar SUBMITTED BY: St. Lucie County Sheriffs Office, Administration Sheriff SUBJECT: Authorization to retroactively submit and accept the 2009 Paul Coverdell Forensic Science Grant BACKGROUND: The St. Lucie County Sheriffs Office is requesting authorization to retroactively submit and accept the U. S. Department of Justice (DOJ), Office of Justice Programs (OJP), National Institute of Justice (NIJ), 2009 Paul Coverdell Forensic Science Grant in the amount of $89,380.00. These funds will be 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: 107166-2110-331210-200 U. S. Department of Justice PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve Budget Resolution Number 10-188 and authorize the retroactive submission and acceptance of the 2009 Paul Coverdell Forensic Science Grant (2009-CD-BX-0094) in the amount of $89,380.00. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) . U J�H_ Budget Analyst �( V, D n McIntyre Mariel 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 St. Lucie County Sheriffs Offic//-,�/; DATE: Tuesday, June 6, 2010 SUBJECT: Authorization to retroactively submit and accept the 2009 Paul Coverdell Forensic Science Grant ITEM NO. VI - G Background: The St. Lucie County Sheriffs Office is requesting authorization to retroactively submit and accept the U. S. Department of Justice (DOJ), Office of Justice Programs (OJP), National Institute of Justice (NIJ) 2009 Paul Coverdell Forensic Science Grant in the amount of $89,380.00. These funds will be used to improve the quality and timeless 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 approve Budget Resolution Number 10-188 and authorize the retroactive submission and acceptance of the 2009 Paul Coverdell Forensic Science Grant (2009-CD- BX-0094) in the amount of $89,380.00. St. Lucie County Sheriff's Office MEMORANDUM TO: Board of County Commissioners FROM: Ken J. Mascara, Sheriff St. Lucie County Sheriffs Offic DATE: Tuesday, June 6, 2010 SUBJECT: 2009 Paul Coverdell Forensic Science Grant ITEM NO. VI - G It has recently come to the attention of the St. Lucie County Sheriffs Office that the 2009 Paul Coverdell Forensic Science Grant was never properly presented to the Board of County Commissioners for approval as required by the U. S. Department of Justice. At the time of this grant's original submission and award acceptance the Grant Department at the Sheriff's Office was going through a transition period. Grant Administrator, William Simon was having serious health issues which ultimately resulted in him taking extended leave and later retiring due to medical problems. Our present Grant Coordinator, Charmayne Davis was just coming into the position and somehow this grant was never presented to the Board for review. The U. S. Department of Justice has been made aware of this situation and suggests that this grant be presented to the Board of County Commissioners for formal approval. Therefore, the St. Lucie County Sheriffs Office is seeking to correct this problem by requesting that the Board of County Commissioners retroactively approve the submission and acceptance of the 2009 Paul Coverdell Forensic Science Grant in the amount of $89,380.00. cgd RESOLUTION NO. 10-188 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 U. S. Department of Justice in the amount of $89,380. 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 15th day of June, 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 107166-2110-331210-200 U. S. Dept. of Justice $89,380 APPROPRIATIONS 107166-2110-591900-200 Transfer to Sheriff $89,380 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 15TH DAY OF JUNE 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Department of Justice 8 s Office of Justice Programs Office of the Assistant Attorney General Wmhingfan, D.C. 2n531 September 16, 2009 Sheriff Kenneth Mascara St Lucie County 2300 Virginia Avenue Fort Pierce, FL 34984 Dear Sheriff Mascara: On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the Paul Coverdell National Forensic Sciences Improvement Act Formula Grant Program in the amount of 1$8E2,380 for St Lucie County. This funding is for the project titled, "FY2009 Paul Coverdell Forensic Science Improvement Grants Program." Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Alan Spanbauer, Program Manager at (202) 305-2436; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask_ocfo@ usdoj.gov_ Congratulations, and we look forward to working with you. Sincerely, Mary Lou Leary Acting Assistant Attorney General Enclosures iDepartment of Justice Office of Justice Programs .gam r National Institute of Justice I Grant � PAGE I OF 5 1. RECIPIENT NAME AND ADDRESS (including Zip Codc) 4. AWARD NUMBER: 2009-CD-BX-0094 St Lucie County 2300 Virginia Avenue 5. PROJFCT PERIOD: FROM 10,1012009 TO 09/302010 Port Pierce, FL 34984 BUDGET PERIOD: FROM 10/01/20M TO 09/302010 6. AWARD DATE 09/162009 7. ACTION I IA. GRANTEE IRS/VENDOR NO. 8. SUPPLEMENT NUMBER Initial 59600083E 00 ! 9. PREVIOUS AWARD AMOUNT so 3. PROJECT TIME 10. AMOUNT OF THIS AWARD $99,380 Paul Coverdell Forensic Science Improvement Project 11. TOTAL AWARD $89,390 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 7 13. STATUIDRY AUTHORITY FOR URANT This project is supported under FY09(NU — Covcrdcil Forensic Scicncc Improvement) 42 USC 3797j-3797o. 28 USC 530C 15. METHOD OF PAYMENT PAPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 19. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Mary Lou Leary Kenneth Ma rat Acting Assistant Attorney Gcncnd Sheriff I 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNA AUTH D RECIPIENT OFFICIAL 19A. YATE 1 1 AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. iCD GT0300 FISCAL FUND BUD. DIV. YEAR CODE ACT. OPC. REG. SUB. POMS AMOUNT I X B CD 60 00 00 89380 I OJP FORM 400= (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs National Institute of Justice PROJECT NUMBER 2009-CD-BX-0094 AWARD CONTINUATION SHEET Grant AWARD DATE 09/16/2009 SPECIAL CONDITIONS PAOF 2 OF 5 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide, Chapter 19_ 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support or the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act, or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U_S_ Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotline@us&j.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www_usdoj.gov/oig. OJP FORM 4000/2 (REV.4-98) I Department of Justice Office of Justice Programs AWARD CONTINUATION National Institute of Justice SHEET PAGE 3 OF 5 Grant PROJECT NUMBER 2009-CD-BX-0094 AWARD DATE 09/ 16/2009 I SPECIAL CONDITIONS 6. A. Generally Accepted Laboratory Practices. The recipient shall ensure that any forensic laboratory, forensic laboratory system, medical examiner's office, or coroner's office that will receive any portion of the award uses generally accepted laboratory practices and procedures as established by accrediting organizations or appropriate certifying bodies- B. External Investigations. The recipient shall ensure that the requirements of 42 U.S.C. section 3797k(4) (which relate to independent external investigations into allegations of serious negligence or misconduct by employees or contractors) are satisfied with respect to any forensic laboratory system, medical examiners office, coroners office, law enforcement storage facility, or medical facility in the Stale that will receive a portion of the grant amount- C. Use of Funds; No Research_ Funds provided under this award shall be used only for the purposes and types of expenses set forth in the fiscal year 2009 grant announcement. Funds shall not be used for general law enforcement functions or non -forensic investigatory functions, and shall not be used for research or statistical projects or activities. Use of award funds for construction of new facilities is restricted by statute. Any questions concerning this provision should be directed to the NU Program Manager prior to incurring the expense or commencing the activity in question. D. Performance Measures. To ensure compliance with the Government Performance and Results Act (Pub. L. No. 103-62), program performance under this fiscal year 2009 award is measured by the following: (1) percent reduction in the average number of days from the submission of a sample to a forensic science laboratory to the delivery of test results to a requesting office or agency (calculated by reporting the number of days to process a sample at the beginning of the grant period versus the number of days to process a sample at the end of the grant period); (2) percent reduction in the number of backlogged forensic cases (calculated by reporting the number of backlogged forensic cases at the beginning of the grant period versus the number of backlogged forensic cases at the end of grant period), if applicable I to the award; and (3) the number of forensic science or medical examiner personnel who completed appropriate training or educational opportunities with fiscal year 2009 Coverdell funds, if applicable to the award. Recipients are required to collect and report data relevant to these measures. I 7. The recipient shall submit semiannual progress reports. Progress reports shall be submitted within 30 days after the end of the reporting periods, which are June 30 and December 31, for the life of the award. These reports will be submitted to the Office of Justice Programs, on line -through the Internet at https://grants.ojp.usd-j,gov/. 8. The recipient agrees to submit quarterly financial status reports to OJP_ At present, these reports are to be submitted on-line (at http%J/grants.ojp_t sdoj_gov) using Standard Form SF 269A, not later than 45 days after the end of each calendar quarter_ The recipient understands that after October 15, 2009, OJP will discontinue its use of the SF 269A, and will require award recipients to submit quarterly financial status reports within 30 days after the end of each calendar quarter, using the government -wide Standard Form 425 Federal Financial Report form (available for viewing at www.whilehouse_govlomb/grants/standard_forms/frr.pdf). Beginning with the report for the fourth calendar quarter of 2009 (and continuing thereafter), the recipient agrees that it will submit quarterly fmancial status reports to OJP on- line (at httpsl/gr-ts.ojp--d-j.gov) using the SF 425 Federal Financial Report form, not later than 30 days after the end of each calendar quarter. The final report shall be submitted not later than 90 days following the end of the grant period. I OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs National Institute of Justice PROJECT NUMBER 2009-CD-BX-0094 AWARD CONTINUATION SHEET Grant AWARD DATE 09/16/2009 SPECIAL CONDJTIONS PAGE 4 OF 5 The recipient agrees to submit a final report, at the end of this award, documenting all relevant project activities during the entire period of support under this award. This report will include the following: (1) a summary and assessment of the program carried out with the fiscal year 2009 grant, which shall include a comparison of pre -grant and post -grant forensic science capabilities (and shall cite the specific improvements in quality and/or timeliness of forensic science or medical examiner services); (2) the average number of days between submission of a sample to a forensic science laboratory or forensic science laboratory system in that State operated by the State or by a unit of local government and the delivery of test results to the requesting office or agency; and (3) an identification of the number and type of cases currently accepted by the forensic science laboratory Or forensic science laboratory system- The recipient is required to collect data necessary for this report_ This report is due no later than 90 days following the close of the award period or the expiration of any extension periods. The report can be filed online through the Internet at httpsJ/grants-cjp-usdcj-gov/. 10. The recipient acknowledges, that, as stated in the solicitation for the FY 2009 Paul Coverdell Forensic Science Improvement Grants Program, NU assumes that recipients (and subrecipients) of Coverdell funds will make use of the process referenced in their certification as to external investigations and wrill refer allegations of serious negligence or misconduct substantially affecting the integrity of forensic results to government entities with an appropriate process in place to conduct independent external investigations, such as the government entity (or entities) identified in the grant application. The recipient shall submit the following information as part of its final report: (1) the number and nature of any allegations of serious negligence or misconduct substantially affecting the integrity of forensic results received during the 12-month period of the award; (2) information on the referrals of such allegations (e.g., the government entity or entities to which referred, the date of referral); (3) the outcome of such referrals (if known as of the date of the report); and (4) if any such allegations were not referred, the reason(s) for the non -referral. Should the project period for this award be extended, the recipient shall submit the above information as to the first twelve months of the award as part of the first semi-annual progress report that comes due after the conclusion of the first twelve months of the project period, and shall submit the required information as to subsequent twelve-month periods every twelve months thereafter (as part of a semi-annual progress report) until the close of the award period, at which point the recipient shall submit the required information as to any period not covered by prior reports as part of its final report. The recipient understands and agrees that funds may be withheld (including funds under future awards), or other related requirements may be imposed, if the required information is not submitted on a timely basis. 11. The recipient shall transmit to the grant manager copies of all official grant -related press releases at least ten (10) working days prior to public release. Advance notice permits time for coordination of release of information by NIJ where appropriate and to respond to press or public inquiries. 12. The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project- OJP FORM 4000/2 (REV.4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION 1 National Institute of Justice SHEET PAGE s of s , Grant i I ! PROTECT NUMBER 2009-CD-BX-0094 AWARD DATE 09/162009 SPECUL CONDTHONS 13. The recipient acknowledges that the Office of Justice Programs reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), for Federal purposes: (1) the copyright in any work developed under an award or subaward; and (2) any rights of copyright to which a recipient or subrecipient purchases ownership with Federal support. The recipient acknowledges that the Office of Justice Programs has the right to (1) obtain, reproduce, publish, or otherwise use the data first produced under an award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. It is the responsibility of the recipient (and of each subrecipient, if applicable) to ensure that this condition is included in any subaward under this award 14. To assist in information sharing, the award recipient shall provide the grant manager with a copy of all interim and final reports and proposed publications (including those prepared for conferences and other presentations) resulting from this agreement. Submission of such materials prior to or simultaneous with their public release aids NU in responding to any inquiries that may arise. Any publications (written, visual, or sound) - excluding press releases and newsletters - whether published at the recipient's or government's expense, shall contain the following statement: This project was supported by Award No. awarded by the National Institute of Justice, Office of Justice Programs, U-S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect those of the Department of Justice. NIJ defines publications as any planned, written, visual or sound material substantively based on the project, formally prepared by the award recipient for dissemination to the public. 15. The recipient agrees to comply with all Federal, State, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this award. Categorical Exclusions: Based upon the information provided by the recipient in its application for these fiords, NU has determined and the recipient understands that the proposed activities meet the definition of a categorical exclusion, as defined in the Department of Justice' Procedures for Implementing the National Environmental Policy Act found at 28 CFR Part 61 _ A categorical exclusion is an action that because of the proposed activities' very limited and predictable potential environmental impacts, both on an individual and a cumulative basis, does not have a significant impact on the quality of the human environment. Consequently, no further environmental impact analysis is necessary under the requirements of the National Environmental Policy Act, 42 U.S.C. 4321, for these categorically excluded activities. Modifications: Throughout the tern of this award, the recipient agrees that for any activities that are the subject of this categorical exclusion, it will inform NIJ of any change(s) that it is considering making to the previously assessed activities that may be relevant to the environmental impacts of the activities. The recipient will not implement a proposed change until NIJ, with the assistance of the recipient, has completed any applicable environmental impact review requirements necessitated by the proposed change and NU has concurred in the proposed change. This approval will not be unreasonably withheld as long as any requested modification(s) is consistent with eligible program purposes and found acceptable under an NU conducted environmental impact review process_ 16. The recipient may not obligate, expend, or draw down any funds under this award until a revised budget reflecting the final award amount has been received and approved by the National Institute of Justice and a Grant Adjustment Notice has been issued removing this condition. OJP FORM 4000/2 (REV. 4-88) ' Department of Justice GRAINT NL42NAGER'S MEMORANDUM, PT. I: Office of Justice Programs I PROJECT SUMMARY F National Institute of Justice Grant I PROJECT NUMBER PAGE 1 OF 1 7009-CD-BY-0094 This project is supported under FY09(NU — Coverdell Forensic Science Improvement) 42 USC 3797j-3797o; 28 USC 530C I I 1 1. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number) Alan Spanbauer William R Simon (202) 305-2436 Grant Programs Administrator I 2300 Virginia Avenue Fort Pierce, FL 34982-5652 (772)462-3359 3a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) NUFY 09 Coverdell Forensic Science improvement Grant Program i 4. TITLE OF PROJECT 1 Paul Coverdell Forensic Science Improvement Project I 5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE St Lucie County 2300 Vul;mm Avenue Fort Pierce, FL 34984 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 10/01/2009 TO: 09/302010 FROM: 10/012009 TO: 09/302010 9. AMOUNT OF AWARD 10. DATE OF AWARD $89,380 09/162009 L 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT I 13. THIRD YEAR'S BUDGET PERIOD 14_ THIRD YEAR'S BUDGET AMOUNT I j 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) Coverdell funds are to be used to improve the quality and timeliness of forensic science and media examiner services and/or to eliminate backlogs in the analysis of forensic evidence, including controlled substances, firearms examination, forensic pathology, latent prints, questioned documents, toxicology, and trace evidence. ca/ncf I ' OJP FORM 4000'2 (REV. 4-88) Department of Justice Office of Justice Programs t National Institute of Justice WaMiVam D.0 20531 Memorandum To: Official Grant File From: Alan Spanbauer, Program Manager Subject: Categorical Exclusion for St Lucie County The recipient agrees to comply with all Federal, State, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this award. Categorical Exclusions: Based upon the information provided by the recipient in its application for these funds, NU has determined and the recipient understands that the proposed activities meet the definition of a categorical exclusion, as defined in the Department of Justice' Procedures for Implementing the National Environmental Policy Act found at 28 CFR Part 61. A categorical exclusion is an action that because of the proposed activities' very limited and predictable potential environmental impacts, both on an individual and a cumulative basis, does not have a significant impact on the quality of the human environment. Consequently, no further environmental impact analysis is necessary under the requirements of the National Environmental Policy Act, 42 U.S.C. 4321, for these categorically excluded activities. Modifications: Throughout the term of this award, the recipient agrees that for any activities that are the subject of this categorical exclusion, it will inform NU of any change(s) that it is considering making to the previously assessed activities that may be relevant to the environmental impacts of the activities. The recipient will not implement a proposed change until NIJ, with the assistance of the recipient, has completed any applicable environmental impact review requirements necessitated by the proposed change and NU has concurred in the proposed change. This approval will not be unreasonably withheld as long as any requested modification(s) is consistent with eligible program purposes and found acceptable under an NU conducted environmental impact review process. ITEM NO. VI-H1 J - DATE: 06/15/10 COUNTY • I . A AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (x) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Don McLam SUBMITTED BY: Central Services Assistant Director SUBJECT: Fire sprinkler/alarm system for the St. Lucie County Logistics Center BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 316-7240-562000-1650 Buildings -St. Lucie County Logistics Center PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the contract with Life Safety Systems in the combined amount of $48,200 for the installation of a fire sprinkler/alarm system at the St. Lucie County Logistics Center, 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/Signatures County Attorney ( x) OMB Director Budget Analyst Dan McIntyre Contract Coordinator Originating Dept. ( x ) G?um— Roger A. Shinn H \ AGENDA - 356 (x) � 1 k �� Marie Gouin Robert O'Sullivan Melissa Simberlund Central Services MEMORANDUM TO: Board of County Commissioners THROUGH: Roger A. Shinn, Director 620- FROM: Don McLam, Assistant Director Central Services DATE: June 15, 2010 SUBJECT: Fire sprinkler/alarm system for the St. Lucie County Logistics Center ITEM NO. VI-H1 Background: To accommodate the build out of the Health Department, Free Clinic and Green Collar Training Center within the St. Lucie County Logistics Center, the existing fire sprinkler/alarm system will need to be modified. These modifications are required per St. Lucie County Fire Inspectors Office. Staff obtained formal quotes for the modification to the sprinkler/alarm system from three vendors. The lowest quote received was from Life Safety Systems in the amount of $48,200, as shown in Attachment 1. Life Safety Systems is located in St. Lucie County. Funding in the amount of $48,200 is available through County Capital funds budgeted for the Logistics Center. Recommendation: Board approval of the contract with Life Safety Systems in the combined amount of $48,200 for the installation of a fire sprinkler/alarm system at the St. Lucie County Logistics Center, and authorization for the Chairman to sign documents as approved by the County Attorney. tOFSF.�.tI�aE_ �7►.2.]:: S:^r'^� tD4TJ' FiX_;.CT727 PROPOSAL SUBMITTED TO: TERRY FLYNN PHONE:772.462.1430 I DATE: 5-10-2010 FAX 772.462.1444 NAME: ST. LUCIE COUNTY LOGISTICS CENTER 170B NAME: ST LUC1L- COUNTY LOGISTICS CENTER STREET: 3855 SOUTH U.S_ HIGHWAY ONE STREET: 3855 SOUTH U.S. HIGHWAY ONE CITY: FORT PIERCE Sj-�XrF: FLORiDA CITY: FORT PIERCE STATE: FLORIDA ESTMMAT1 S FOR: MODIFY FIRE SPRINKLER SYSTEM PER NFPA 13 TO ACCOMMODATE TENANT BUILD OUT BASED ON FIRE SPRINKLER MODIFICATION PER RICK HAMNER OF ST. LUCIE FIRE INSPECTION. ESTIMATE INCLUDES: 45 FTRE SPRINKLER HEADS FOR RELOCATION IN NEW HEALTH DEPARTMENT 31 FIRE SPRINKLER HEADS FOR RELOCATION TO SEPARATE NEW BUILDOUT AND EMSTING STORAGE AREA 131 FIRE SPRINKLER HEADS FOR RELOCATION TO ACCOMMODATE OFFICES 13 FIRE SPRINKLER MEADS TO BE CAPED AND REMOVED TO ACCOMMODATE TENANT BUILDOUT 16 NEW FIRE SPRINKLER HEADS TO ACCOMMODATE BUILDOUT OF NEW OFFICES FOR TH-E TOTAL SUM OF ................... ...,35,93j PRTCE RASED ON PLAN APPROVAL BY LOCAL AUTHORITY HAVING JURISDICTION THIS FSTTMATE MAY BE WITHDRAWN BY US IF NOT ACCEPTED IN 10 DAYS EXCLUSIONS: FIRE CAULKING, PAINTING, WIRING, DEWATERING OF TRENCI•T, COMPACTING AND SHORING, FDC, PIV, AND ANY WORK OUTSIDE THE SCOPE" OF OUR FIRE SPRINKLER LICENSE. • Payments to be mode as follows; PREARRANGED I`AYMI.TfI" SCI II DUt l; • All aCreemens continbcM. upon nccer Lmee within 30 Days WO is void thereafter at the option of the undcmigocd. • We I=by propane to famish sad install ntateriab complete and in accordance with the above specifications. • All material is guaranteed to be as specified. All work shall be complotal in n workman like mwmcr rcenrdiug In sLuadwd practices. Any alterrthin or devlatort from apecl0calions involving extra costa, will be executed only upon wrinea orders, and will become an exoa charge over and above the cstimale. • limits of Conuaaofs Liability. The parties agree that The customer retains the %Ole resptmc161111y for die Ilia and licaltu orpcmoits it duo protoeted pmnIsA t and for protecting against property losses due to pcmornal injury in the protected premises relating both to his own person or p olm y aril to thatafuthem It is thenel6re agreed Ibat Ctmtraclur It not rcaportslhlo for parsotial Injury or other losses which arc alleged to be caused by the improper operation of the systen, whether dare to defects in the system, acts, or omissions of Ibc Contractor in receiving mul rLsplmding to alanh Outtak • The pautics flutller agree that the Contractor is not an insurer and that insurance, if arty, covering such personal irliury and other kisses be obtained by Customer. jr, not withslandlug due nMrve agteetnenLX tiers slturrkl 2ri6a any lishiliry oa the part of the Contractor, such liability shall be limited to an amount of SZ50.00. • THE CONTRACTOR DOES NOT MAKE ANY REPRESENTATION OF WARRANTY, OR WARAAN1Y INCLUOINO ANY IMPLIED WAR.ILA91'Y OF MEftCHANfA81 FITNESS. THE SYSTEM ORSERVICE SUPPLIED MAY NOT BECOMPROMISED, ORTIIATTHE SYSTMNORSERvICG5Wf1LINIivI;kY l. E Chtili PROVIOI;'I { I'Ro'll0 R WH{ IT IS INTENDED. Authorized Si nature e�� T'. DiMurtino, Chicf ExLirnator, LIC# EF-1037 Dian: 5-10-2010 ACCEPTANCE OF PROPOSAL The above rrict=s, ttpe6 ieations and conditions are hereby accepted. You arc authorized to do the work as specified. Payment will be mndc as uulhorizcd above. AcccptedBy_ zl ,i�/ _e State Certified Fire protection Contractor License 973406400041999 --?�'` lO State Certified Fire Alarm Contractor License #EF-0001037 D'...• 't May 6th 2010 Revised: St Lucie County Logistics Center 3855 South US Hwy 1 Ft. Pierce,FL34982 Jerry Flynn: Facilities Manager Page 1 of 2 Life Safety Svstems Inc. 1349 SW Biltmore Street Port St Lucie, FL 34983 772-344-0477 Fax 772-344-0478 State Lic # EF0001037 Addressable Fire-lite MS-92000DL-Rev 2 Fire Alarm Control Panel 1 Fire-lite MS92000DL 198Pt Addrtessable Fire Alarm Control Panel 1 Ext Transformer 6A for MS92000DL Panel 4 Remote LCD Annunciator 2 12V 18amp Fast / On Battery 2 RJ31 X JK + 2' Radionic Cord ULPKG 2 Telco Line Surge Protector 2 AC Hardwire Surge Protector 7 Addressable Mini Monitor Module 4 Addressable Manual Pull Station with Key Reset 1 Fire-Lite Addressable Photo Electric Smoke Detector with Base 6 Strobe Only Wall Mnt Red Selectable Candela for Rest Rooms 8 2 Wire Horn / Strobe Wall Mount Red Selectable Candela 4 2 Wire Horn / Strobe HI Ceiling Mnt Selectable Candela 1 6amp NAC Circuit Power Supply with built ion SYNCH Module 2 12V 7amp Battery 4 Tle Into existing 4 Horn / Strobes SEE CLAUSE ADDENDUM ATTACHED: BOUGHT OUTRIGHT & INSTALLEDCZ269.E30:, MONTHLY FIRE ALARM MONITORING — + TAX Annual Test & Tag = $125.00 Three Quarterly Sprinkler Inspections = $76.00 One Annual Sprinkler Inspection=$125.00 Life Safe ystems, Inc. 4 z/tt 1'.4- Authorized Signature Customer Signature F'4 &-,z, 4C5 llf fir_-2 Title TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Central Services ITEM NO. VI-H2 DATE: 06/15/10 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (x) PRESENTED BY: Don McLam I?� Assistant Director Donation of US Military general purpose relief tents See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: July 27, 2004 — BOCC approval to purchase eight US Military tents and miscellaneous items necessary to establish tent housing for minimum -security inmates at Rock Road Jail. RECOMMENDATION: Board approval to remove eight US Military tents from the land and building inventory list and donate them to Missionary Flights International (six tents) and the St. Lucie County Sheriff's Office (two tents). COMMISSION ACTION: (xj APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( x ) �� OMB Director Dan McIntyre Originating Dept. ( x ) �� Roger A. Shinn H: \AGENDA-357 ( x ) Marie Gouin Finance ( x ) Shai F ncis Central Services MEMORANDUM TO: Board of County Commissioners THROUGH: Roger A. Shinn, Director Gcow- FROM: Don McLam, Assistant Director Central Services DATE: June 15, 2010 SUBJECT: Donation of US Military general purpose relief tents ITEM NO. VI-H2 Background: In a cost effective approach to meet the need for additional inmate housing at Rock Road Jail, in 2004 the County purchased eight US Military general purpose tents to house minimum -security inmates. Each tent measures 16' x 32' and were purchased for $23,450. The tents were never used and have been in storage for the past six years. Per the Sheriff's Office, they will not be able to use tents as inmate housing. Staff is requesting to remove the eight tents from land and building inventory, property records # LBI-Y2603A and Y2603AA, as shown in Attachment 1. At the Sheriff's request, we will donate two tents to the Sheriff's Office for use during an emergency and the remaining six tents will be donated to Missionary Flights International for their ongoing relief efforts in Haiti. Recommendation: Board approval to remove eight US Military tents from the land and building inventory list and donate them to Missionary Flights International (six tents) and the St. Lucie County Sheriff's Office (two tents). ST. LUCIE COUNTY PURCHASING DEPARTMENT ATTACHMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 5/26/10 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # St. Lucie County Board of County Commissioners - Central Services 4. LOCATION CODE LBI - Land and Building Inventory 5. PROPERTY RECORD # LBI - Y2603A and Y2603AA TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO 0 IF YES, DEPARTMENT NAME 6. DISPOSING OF YES 0 NO 0 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 2004 8. DESCRIPTION OF PROPERTY 16' x 32' tents (8) for proposed inmate housing at Rock Road Jail 9. MAKE GP Medium Tents _ 10.MODEL NUMBER N/A 11.SERIAL NUMBER N/A 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) Donate 6 tents to Missionary Flights International . Donate 2 tents to the St. Lucie Co Sheriff Dept. for emergency use. DEPARTMENT HEAD OR AUTHORIZED PERSON DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION 14A i=PLT couNTY , F L O R I D A ITEM NO. VI -I DATE: 06/15/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Planning & Development Services: Todd A. Cox St. Lucie County International Airport Airport Manager SUBJECT: Stormwater Pollution Prevention Plan (SWPPP) Update BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140366-4220-531000-400; Professional Services. PREVIOUS ACTION: October 6, 2009 — Board approved Resolution No. 09-296 accepting the Florida Department Transportation (FDOT) Joint Participation Agreement. November 5, 2009 — Board approved Budget Resolution No. 09-307 establishing the fund. RECOMMENDATION: Board approval of LPA Group Inc. Work Authorization No. 30 for consultant services for the Stormwater Pollution Prevention Plan (SWPPP) Update at the St. Lucie County International Airport, for a lump sum amount of $54,953, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: �j APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst Purchasing ( ) Originating Dept. ( ) Daniel S. McIntyre Heather Young — 0� Desiree imino Melissa Simberlund Mark Satterlee ERD ( ) m4� Marie Gouin Patty Marston a 0 Mmm V806101111 itOUNTY L O R I D A - TO: Board of County Commissioners AIRPORT MEMORANDUM THROUGH: Mark Satterlee, AICP, Planning & Development Services Director 41 FROM: Todd A. Cox, C.M., Airport ManagekS DATE: June 15, 2010 SUBJECT: Stormwater Pollution Prevention Plan (SWPPP) Update ITEM NO. VI -I Background: The Airport originally prepared a Stormwater Pollution Prevention Plan (SWPPP) in 1997 to comply with the requirements of the National Pollution Discharge Elimination System (NPDES) and the Clean Water Act (CWA) Amendments of 1987. The SWPPP identifies potential pollution sources at the airport and proposes stormwater management controls and best management practices designed to reduce or eliminate pollutants entering the stormwater system. The Airport received a NPDES Multi - Sector General Permit, Section S, on May 5, 2006. This permit is good until May 4, 2011. This request is for the Board to approve LPA Work Authorization No. 30 to update the current SWPPP by documenting new structures and businesses that fall under the NPDES permit and conduct the annual FY2010 compliance inspection, which keeps the airport in compliance with current Federal and State requirements. In October 2009, the Board accepted an FDOT Joint Participation Agreement to update the SWPPP, and the local match funds are available under the approved FY 2010 operating budget. The $54,953 total cost for this project is available in the Professional Services line item account. Recommendation Board approval of LPA Group Inc. Work Authorization No. 30 for consultant services for the Stormwater Pollution Prevention Plan (SWPPP) Update at the St. Lucie County International Airport, for a lump sum amount of $54,953, and authorization for the Chairman to sign documents as approved by the County Attorney. WORK AUTHORIZATION NO. 30 CONTRACT C07-04-213 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the day of , 2010, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and THE LPA GROUP INCORPORATED, hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on April 3, 2007, the County entered into a Consulting Agreement (Contract No. C07-04-213) hereinafter referred to as "Contract' with the Consultant to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: PROJECT: The County has determined that it would like to complete a project described below: St. Lucie County International Airport — 2010 Stormwater Pollution Prevention Plan Update (hereinafter referred to as "the Project'.) 2. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C07-04-213). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the project schedule, which is made a part of this work authorization and incorporated herein 3. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall be paid as lump sum and will not exceed a total amount of fifty-four thousand nine hundred fifty-three and 00/100 dollars ($54,953.00), as further detailed in Exhibit "B". Page 1 of 2 Work Authorization No. 30 Contract C07-04-213 CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work within the project schedule described in the Exhibit "A" Schedule. 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 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 Work Authorization in multiple copies, each of which shall be considered an original on the date first written above. ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY THE LPA GROUP INCORPORATED BY: Print Name:&" a 01 P �, Page 2 of 2 EXHIBIT A SCOPE OF WORK - - ST�-tfCIE COUNTY INTERNATIONAL AIRPORT FPR TASK NO. 2010 Stormwater Pollution Prevention Plan Update PROJECT DESCRIPTION St. Lucie County (CLIENT) has contracted THE LPA GROUP INCORPORATED (LPA) to update the St. Lucie County International Airport (AIRPORT) Stormwater Pollution Prevention Plan (SWPPP), in order to include changes in tenants and construction of a new runway and a new Fixed Base Operator (FBO) since the SWPPP was updated in 2009, to perform compliance inspections, and to update the training program for employees and tenants. A SWPPP is mandated by the United States Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System (NPDES) regulations as defined in 40 CFR 122.2. The NPDES program is the national program for issuing, modifying, or revoking permits under Sections 307, 318, 402, and 405 of the Clean Water Act. Airports fall under Sector S for Air Transportation Facilities, The Florida Department of Environmental Protection (FDEP) is the permitting authority for the NPDES Program in Florida. The AIRPORT has been designated as Facility Identification Number FLRG05G170. Their NPDES Multi -Sector General Permit is effective until May 4, 2011. The AIRPORT SWPPP was updated in June 2009. Since the last update, the following improvements were constructed at the AIRPORT: 1. Construction of a new hangar and associated structures; and, 2. Addition of the new FBO and associated structures; Additionally, some tenants left and were replaced by other tenants. This scope of services has been developed to update the AIRPORT SWPPP and will involve the following tasks: TASK]. IN HO USE DATA COLLECTION Upon receipt of the Notice to Proceed, LPA will forward a Request for Information letter to the CLIENT. The CLIENT will provide the following documents: 1. AIRPORT property map; 2. Most recent Airport Layout Plan (ALP); 3. AIRPORT aerial photograph and contour data (digital file); St. Lucie County Intemational Airport Page 1 of 7 2010 SWPPP Update 052310 THE LPA GROUP 4. Current contact information for the members of the SWPPP Team; 5. Current list of tenants and their contact information; 6. List and location of facility changes since the last SWPPP was completed, including available as -built plans; — - — 7. Preventive maintenance records, S. Material Safety Data Sheets (MSDS) for all significant materials stored and/or used at the AIRPORT; 9. Records for non-stormwater discharge inspections; 10. Training, monitoring, and other inspection records; 11. Facility Response Plan; 12. Documentation of previous spills and remediation measures taken including groundwater monitoring reports; and, 13. Existing stormwater sampling data (if applicable). LPA will review the existing SWPPP drainage map and site plan, the updated ALP, and available as -built plans in order to develop a list of areas that need to be evaluated during the compliance inspections. LPA will coordinate with the CLIENT to schedule the industrial tenant inspections. Industrial tenants are those that conduct industrial activity and fall under a Standard Industrial Classification (SIC) that requires a submittal of an NPDES Notice of Intent (NOl) or those that conduct light industrial activity or fall under a SIC that does not require an NOL Prior to the compliance inspection, LPA will draft the Industrial Tenant Notification of Inspection letter package that consists of the following for the review and approval of the CLIENT: 1. SWPPP Annual Compliance Inspection Notification letter; 2. NPDES Compliance Commitment Certificate for 2010; 3. Tenant Questionnaire; 4. EPA SWPPP brochure with a notation on what is applicable to Florida and, 5. EPA Spill Prevention Control and Countermeasures (SPCC) Plan Pamphlet. The packages will be prepared by LPA and will be distributed by the CLIENT. Assumptions: 1. The CLIENT will provide all available SWPPP data, including electronic files, within 14 calendar days after the Notice to Proceed. 2. The CLIENT will provide Material Safety Data Sheets (MSDS) of significant materials for AIRPORT operated facilities. Significant materials are defined as raw materials; fuels; finished materials such as diesel, gasoline, petroleum products, hydraulic fluid, fertilizer, pesticide, herbicides, sealants, and paint; and waste products that have the potential to be released with stormwater discharges. 3. The CLIENT will provide the electronic files of the most recent aerial photograph and topographic contour data for the AIRPORT. St. Lucie County International Airport Page 2 of 7 2010 SWPPP Update 052310 THE LPA GROUP 4. LPA is currently updating the AIRPORT AMSTER PLAN and has the ALP update files. 5. LPA has completed the Draft AIRPORT Drainage map and has the most current drainage map. TASK 2. COMPLIANCE INSPECTIONS 2.1 Annual Compliance Inspection LPA will perform the annual site compliance inspection coincidentally with the non-stormwater discharge inspection and industrial tenant inspections. The annual site compliance inspection will accomplish the following: 1. Field verify identified potential pollutant sources (parking areas, aprons, taxiways, runways, fuel farms, and refuse collection areas); 2. Identify new potential pollutant sources that resulted from AIRPORT development projects since February 2009, which was the date of the inspection for the June 2009 SWPPP; 3. Field verify and photograph drainage structures to document their condition; 4. Photograph and document the location of new and/or modified drainage patterns and structures for newly constructed facilities; 5. Review and photograph current security conditions at the AIRPORT such as fences, entrance and access gates, and badging protocol; and, 6. Verify, photograph, and evaluate current controls. 2.2 Non-stormwater Discharge Inspection LPA will perform a non-stormwater discharge inspection concurrently with the annual compliance inspection, which is the inspection of each outfall for flow, source of runoff, and the determination of whether the discharge is from stormwater runoff or another source that may potentially be an illicit discharge. If an illicit or non-stormwater discharge is identified and further t is necessary, these services will be performed under a separate agreement. This also serves as the drainage structures field inspection that would inspect each structure to determine if it is unobstructed, is in good working order or requires maintenance and/or repair. For new drainage structures, the inspection would be conducted by drainage engineer to field verify the location and dimension of the structure and the direction of stormwater flow. Inspection of the drainage structures will be documented using photographs. The results of the non-stormwater discharge and drainage structure inspection will be certified by inspector and CLIENT as required by the State and federal regulations and will be used to update the SWPPP. 2.3 Industrial Tenant and Building Inspections LPA will perform Industrial Tenant Inspections during the same time period as the annual compliance inspection where inspection of industrial tenant leased hangars and other buildings would be completed The inspections will classify the industrial activity being performed in the leased area, identify potential sources of stormwater pollution, compile a list of general significant materials, document the storage locations of these materials and waste disposal methods, and identify Best Management Practices (BMPs) that are currently being implemented St. Lucie County International Airport Page 3 of 7 2010 SWPPP Update 052310 THE LPA GROUP and/or should be implemented by the tenant.. LPA will utilize an SWPPP Annual Compliance Industrial Tenant Inspection Checklist and BMPs--Checklist to facilitate the inspection. Each inspection will be have the inspectors name - and signature as required by State and federal regulations. Information collected during the compliance inspections will be used to update the existing SWPPP. 2.4 Staff Interview LPA will interview AIRPORT staff to gather additional facility and industrial tenant services information and verify information gathered during the annual compliance inspections. Assumptions: 1. The annual compliance inspections will be performed coincidentally with the non- stormwater discharge and industrial tenant inspections. 2. The CLIENT will notify the tenants of the date of tenant inspection through the Inspection Notification Letter package. 3. The CLIENT will provide security clearance, escort, and access to all AIRPORT facilities, including tenant leased hangars. 4. Hangars or buildings that are inaccessible will not be inspected and will be noted as "Inaccessible" in the Inspection Report. TASK 3. REPORT PREPARATION 3.1 Update SWPPP LPA will incorporate new information and update the AIRPORT SWPPP in the following sections: • Facility description - Site Facility, Tenants, Facility Changes, and Drainage; • SWPPP Team; • Tenants/Facility Changes that triggered the SWPPP Update; • Stormwater Drainage; • Potential Sources of Stormwater Contamination; • Stormwater Management Controls; • Best Management Practices; • Spill Prevention and Containment Measures; and, • Procedures for Review/Modification/Certifi cation; A registered Professional Engineer (P.E.) will certify the SWPPP. LPA and the CLIENT will certify the SWPPP as required by State and federal regulations. 3.2 Drainage Map The drainage map will be updated by identifying required information for the SWPPP and using the Master Drainage Plan to depict the AIRPORT's stormwater management system. St. Lucie County International Airport Page 4 of 7 2010 SWPPP Update 052310 THE LPA GROUP Information from the site evaluation will be used to develop the Updated Drainage Map and meet the regulatory requirements of the SWPPP. The drainage map will be developed under the supervision of a Florida Certified Professional Engineer. 3.3 Facility Layout Map State and federal regulations require that a site schematic plan be prepared showing the location of all potential sources of stormwater pollution. LPA will revise the site schematic plan to include the new facilities, new tenants, and new stormwater structures and submit it to the AIRPORT for review. Comments received from the AIRPORT will be incorporated into the Final Facility Layout Plan. 3.4 Inspection Report LPA will prepare the Annual Inspection Report that will consist of the following: 1. Annual Compliance Inspection a. Photographs and signed inspection forms of paved areas including taxiways, runways, aprons and parking area; b. Photographs and signed inspection forms of the fencing and access gates; c. Photographs and signed inspection forms of the waste collection areas; 2. Industrial Tenant Inspection Results a. List of Tenants and their SIC Classification; b. Photographs and signed inspection forms each tenant leasehold; 3. Non Stormwater Discharge Inspection a. Photographs and signed inspection forms of the non-stormwater discharge inspection; 4. Completed tenant forms and certificates; 5. Inspection correspondence Industrial Tenant Inspection The Industrial Tenant Inspection will consist of observations during the inspection, BMPs currently implemented by the tenant, recommended best management practices, and inspection photographs for each industrial tenant. Completed Tenant Questionnaire, NPDES Compliance Commitment Certificates, and Inspection Forms will be contained in the Appendices of the SWPPP Inspection Report. Assumptions: 1. The CLIENT will provide comments on the Draft SWPPP and Inspection Report to LPA within 30 calendar days of receiving the Plan and Report. 2. Two (2) copies each of the Draft and Final SWPPP and Inspection Report will be submitted to the CLIENT. 3. One (1) electronic copy each of the Final SWPPP and Inspection Report in both Microsoft Word and Adobe Acrobat format will be provided to the CLIENT. 4. If necessary, the development of an Emergency Response Plan will be performed under a separate agreement. St. Lucie County International Airport Page 5 of 7 2010 SWPPP Update 052310 THE LPA GROUP 5. If necessary, the design of secondary containment structures for refueling trucks will be performed under a separate agreement. 6. If necessary, the design of stormwater management and control structures will be performed under -a separate-agreement.--_- 7. If necessary, renewal of the AIRPORT NPDES Alulti-sector General Permit will be performed under a separate agreement. Deliverables: • Two (2) Compact disc containing both Acrobat files and Microsoft Word files of the Updated SWPPP and Annual Inspection Report. • Two (2) copies of the Updated SWPPP and Annual Inspection Report. TASK 6. TRAINING LPA will update the existing training class tailored include new development and other related changes at the AIRPORT to comply with SWPPP requirements. The purpose of the training class is to educate AIRPORT staff and tenants about the AIRPORT's Stormwater Management Pollution Prevention Program. Training materials will include a Microsoft PowerPoint presentation, a training handout, class test questionnaire, and certificate of attendance. A compact disc containing a non-editable file of the class materials will be provided to each tenant for their use. Assumptions: 1. The training class will be held after the annual compliance inspection is completed. 2. The training class will be approximately 1.5 hours long including the test. 3. Reproduction expense for training class materials is based on the assumption that a maximum of 25 MS PowerPoint handouts would be reproduced for the class. Deliverables: • Twenty-five (25) compact discs containing Acrobat files of the PowerPoint Training Presentation, training booklet, examination form, answers sheet and certificate of attendance. • Twenty-five (25) training booklets and examination sheets to be used during the training class. TASK 5. CLIENT COORDINATION AND MANAGEMENT LPA will coordinate all project activities with the CLIENT. LPA will notify the CLIENT immediately if the inspections results require immediate attention and is not consistent with NPDES regulations. LPA will schedule and attend a meeting with the CLIENT to discuss the results of the inspections. LPA will discuss the CLIENT's comments concerning the Draft SWPPP and Inspection Report. LPA wilt address the CLIENT's comments and develop the Final SWPPP and Inspection Report. St. Lucie County Intemational Airport Page 6 of 7 2010 SWPPP Update 052310 THE LPA GROUP Assumption: • The Inspection Results meeting will be completed in two (2) hours. SCHEDULE LPA will initiate project activities immediately upon receipt of authorization to proceed. We anticipate completion of project activities and issuance of a Draft SWPPP for review and comment within 180 days of authorization to proceed. The anticipated duration of the project is 240 days. Task Description Completion Date Receive Notice to proceed Day 1 Receive data from CLIENT 14 days from NTP Perform facility compliance inspections 45 days from NTP Submit Draft SWPPP Update and Inspection Report 135 days from NTP Submit Draft Training Manual 135 days from NTP Receive comments from CLIENT 185 days from NTP Attend meeting with CLIENT to discuss comments 200 days from NTP Hold Training Class 200 days from NTP Submit Final SWPPP and Inspection Report 240 days from NTP Submit Training Materials 240 days from NTP COST ESTIMA TE Exhibit B provides for all manpower and expenses necessary to complete the outlined scope of work. Actual billing will be lump sum based upon a percent complete of the project in accordance with the Master Agreement between the LPA and the CLIENT. St. Lucie County Intemational Airport Page 7 of 7 2010 SWPPP Update 052310 THE LPA GROUP Exhibit B ; Hour and Fee Estimate ST. LUCIE COUNTY FPR TASK NO. ST, LUCIE COUNTY INTERNATIONAL AIRPORT 2W SWPPP UPT)ATF Itern'Task Oftcgtw Classification Total 2010 $171 00 5171.90 $171.00 $144,00 $10800 $82.00 $76.00 X,4,nw, tu 4gg caw sm _gUm a 1,59r- Request for !nfDrmation Letter 1 2 3i Tenant General Info & Inspection Notification Letter Packs es 2 4 12 18 ALP and aerial (download and print) 2 Existing SWPPP review 0 0 Updated tenant list 14 4 Checklist of areas to be inspected 1 1 TASK 1: /,No.- Data Wletfictrr and R..le. H.— 0 0 3 0 5 20 0 28 TASK 1: 1,Ho.- Dam Collection and R.W.. Fri so $0 $513 so $540 $1,640 $0 $2,693 qW, �Am- Task 2.1 Annual Compliance inspections i. soc,.fity measures 2 2 4 if. ARFF 1 1 21 m. Maintenance Bfidng 2 41 ivWarehouselstorage build) ng 2 2 4. v. Parkin g areas 1 1 21 viRefuse collection areas 2 2 4 vai. Off site influences 4 4 8 .S,gn4.-nt materials inventory (industrial use on 8 816 Task 2.2 dl�cha,g—spe.p.n - 7 i --- 4 I 4 ij, Ponds (a total ) 8 16 Al, OLAMMIS (5 total) 4 Task 23 IndusWal Tenant & Buildiinspections L Hong— and buildings (26 total) 12 12 241 Staff interinterview2 2 " i TASK 2: Compliance Ins pactions Hours 0 0 0 le 36 52 0 104 TASK 2. ComAllence I-P—Hort. Fee so $0 $0 $2,304 $3,888 $4,264 $0 $10,456 h- - All TaskTask3.1 Update SWPPP j, Physical intomatiorYdextiption 2 2 Y. Re Mato requirernents ;ff SWPPP room 2 2, w TonantsfFticility Changes (add new runway. etc 8 9 v. Ston—aler drainage charqtLfadd_—Ponds, etc. 4 8 12 w S4nificant notenals inventory 8 8 wi Potential sources of sto—ter contamination 4 4 wr. BMPs (update ) 6 7 ins lions 2 2 x, MoMonng Plan x! Histonc spIM 2 - Sp,11 Response 3 3, mm Procedures for 3 3 Appendices- pemil, inspection forms. etc. P4 8 9 Task 3.2 Drainage map (Master Draina a Me pas qa e) 1 2 0 Ijg —F Task3.3 Facility map 2 8 14 QC & Reproduction 4 4 ----1 2 10 F—I SWPPP j Roview comments and revise Draft SWPPP 2 2_ 8 12 OC & R.p,cx:.cbcn 2 4 8 14 Task 3A Inspection Report a. Draft hsipection Report I i. Airport Compliance inspection (security, waste. paved or 4 4 R Tenant 1-pd— a. Tenant list and contact info 1 4 5, b- Annual Compliance Inspections and BA4Ps 4 20 24 fil. Non-stomwater discharge inspection results 1 4 5 Appendices -inspection correspondence 8 8 QC aW Reproduction 2 4 4 to b Final inspection Report V2 6 8 ew, view. signog and sealing CC & Engmrevi 2 2 Reproduction2 8 -4 1 TASK 3: Report Preparation Hours17 2 1 24 45 160 10 260 TASK 3: Report Preparation Fee $2,907 $342_ $342 $3,456 $4,660 $13,120 5760 525.787 Echibit 8 : Hour and Fee Estimate ST. LUCIE COUNTY FPR TASK NO. _ ST. LUCIE COUNTY INTERNATIONAL AIRPORT 14117, SWPPP UPDATE II,-- Descnptlon Classfication yy 4 i 2010 $171,00 $171.00 $171.00 S144.00 $108.00 $82,00 S7600 - — _ _ _ _ _-' �Trantng handout - draft and final 12 4 16 Training Presentation slides - draft and final 14 14 Forms - attendance, test, answer key, certificate 2 2 Training Gass 8 6 TASK 4r Training Nours 8 _ 0 26 0 0 6 0 1 40 TgSK 4: Tralnin Fee $1,368 $0 $4,446 $0 $0 $492 s0 $6,306 Client coordination 9 9 Project meeting 6 8 Project management 16 16 TASK 5: Client Coordination and Management Hours 0 0 33 0 0 0 0 33 TASKS: Client Coordination and Mena ement Fee $0 $0 $5,843 f0 $0 $0 $0 $5,643 Total Estlmated Hours: 15 2 64 40 tffi 238 10 465 Total Estim ated Labor Cosh: $4,275 $342 $10,9M $5, 760 S9,T88 $19,516 1 17W $50,885-00 Lump Sum Expenses $4,068 TOTAL LUMP SUM AMOUNT: 554,953 10/14/08 Page B-2 of l Ir . COUNTY IF L O R I D A TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Parks and Recreation Services ITEM NO. VI-J DATE: 6/15110 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Mark DiMascio Interim Recreation Manager First Amendment to Interlocal Agreement with School Board of St. Lucie County for Lawnwood and South County Regional Stadiums See attached memorandum. FUNDS AVAILABLE: 001-7516-581092-700 South County Stadium (St. Lucie County School Board) PREVIOUS ACTION: August 25, 2009, the BOCC approved an Interlocal Agreement with the SLC School Board for operation of Lawnwood and South County Regional Stadiums RECOMMENDATION: Board approval of the First Amendment to the Interlocal Agreement with the School Board of St. Lucie County for Operation of Lawnwood Stadium and South County Regional Stadium and Budget Amendment 10-024 to provide $7,458 to assist the School Board with the purchase of two (2) mobile ticket booths as drafted and approved by the County Attorney and outlined in the agenda memorandum. COMMISSION ACTION: QC) APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB County Attorney ( Xr-7 Budget Analyst Ddnibl McIntyre i Originating Dept. (X) Debra R. Brisson Marie Gouin"qv Patty Marston Name iW ME P COUNTY F L Q R l D A Parks and Recreation Services MEMORANDUM TO: Board of County Commissionerp i THROUGH: Debra R. Brisson, Director ," ll' ' FROM: Mark DiMascio, Interim Recreation Manager DATE: June 15, 2010 SUBJECT: First Amendment to Interlocal Agreement with School Board of St. Lucie County for Lawnwood and South County Regional Stadiums ITEM NO. VI-J Background: On August 25, 2009, the BOCC approved an Interlocal Agreement for Operation of. Lawnwood Stadium and South County Regional Stadium. Recently, improvements have been completed at South County Stadium and two (2) additional mobile ticket booths are needed. The School Board has $15,000 and is requesting the County contribute $7,458, to assist with the purchase. In order to provide for continuity of equipment and parts, etc., School Board staff has agreed to purchase the ticket booths from the same vendor, Century Industries, as the existing booths owned by the County In FY'10 funds were budgeted for a new scoreboard at the stadium. However, the scoreboard was repaired. As such, staff is requesting approval of Budget Amendment 10-024, reallocating $7,458 of the funds, to assist with the purchase of the ticket booths. Recommendation: Board approval of the First Amendment to the Interlocal Agreement with the School Board of St. Lucie County for Operation of Lawnwood Stadium and South County Regional Stadium and Budget Amendment 10-024 to provide $7,458 to assist the School Board with the purchase of two (2) mobile ticket booths as drafted and approved by the County Attorney and outlined in this agenda memorandum. Invoice -� SLCSB C/W Athletics 4101 South 25th St. 4-107 Fort Pierce, FL 34981 Phone: (772)468-5163 Fax: (772)468-5177 E-mail: reess@stlucie.k12.fl.us URL: SOLD TO: BOCC 2300 Virginia Ave Fort Pierce, FL34982 QUANTITY UNIT DESCRIPTION 1 Share of Cost for the purchase of 2 ticket booths to be installed at Lawnwood and South County Stadiums Questions concerning this Invoice? Call: Sheila Rees (772)468-5163 Remit check to: Q1W Athletics 4101 South 25th St. 4-107 Fort Pierce, FL 34981 INVOICE NO. 0910.16 INVOICE DATE 05128/2010 OUR ORDER NO. CUSTOMER ORDER NO. TERMS SALES REP. SHIPPED VIA F.O.B. PREPAID/COLLECT SHIPPED TO: Same UNIT PRICE SUBTOTAL TAX FREIGHT TOTAL MAKE ALL CHECKS PAYABLE TO: SLCSB 4204 Okeechobee Rd. Fort Pierce, FL 34947 AMOUNT $7,458.00 $7,458.00 $7,458.00 BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Parks and Recreation Services PREPARED DATE: 6/4/2010 AGENDA DATE: 6/15/2010 II ACCOUNTNUA TO: 001-7516-581092-700 FROM: 001-7516-564000- ACCOUNT NAME St. Lucie County School Board a ent REASON FOR BUDGET AMENDMENT: Funds were originally budgeted for the purchase of a new score board at South County Regional Stadium (Equipment Request #10-010). The St. Lucie County School Board has determined that it wants to purchase mobile ticket booths with the funds instead. THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: n/a BA10-024 V AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT) SUBJECT: BACKGROUND: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [X] County Attorney: Y/V Daniel S. McIntyre County Attorney ITEM NO. VII-A DATE: June 15, 2010 REGULAR [ ] PUBLIC HEARING [ X ] CONSENT[ ] PRESENTED BY: Katherine Mackenzie -Smith Assistant County Attorney Ordinance No. 10-011 - Abandoned Real Property Registration System See CA No. 10-0655 Permission to advertise was approved by this Board on May 25, 2010. Notice of Intent was published on June 4, 2010. Staff recommends that the Board adopt Ordinance No. 10-011 and authorize the Chairman to sign the Ordinance. CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [XI Code Compliance Manage4R. bin Meyer INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie -Smith, Assistant County Attorney C.A. NO: 10-0655 DATE: June 15, 2010 SUBJECT: Ordinance No. 10-011- Abandoned Real Property Registration System BACKGROUND: Attached to this memorandum is a copy of draft Ordinance No. 10-011, which, if adopted, would amend the St. Lucie County Code of Ordinances to require mortgagees to register abandoned properties upon the filing of a lis pendens or the initiation of a foreclosure action. Registration shall include information regardingthe property, the property owner, the mortgagee and the local agent. Properties subject to this ordinance are required to be inspected on a monthly basis and maintained in compliance with St. Lucie County Codes. Several jurisdictions have enacted similar ordinances, including Hillsborough and Broward Counties, Towns of Davie and Melbourne, and Cities of Ocala, Coconut Creek and Margate. This ordinance is modeled after Hillsborough Countywith the additional requirement that the property be secured if there is a declared state of emergency. Permission to advertise was granted by this Board on May 25, 2010. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No.10-011 and authorize the Chairman to sign the Ordinance. KMS/cb Respectfully submitted, I Katherine Mackenzie -Smith Assistant County Attorney .. ORDINANCE NO. 10-011 Formerly No. 09-033 AN ORDINANCE ESTABLISHING WITHIN THE UNINCORPORATED AREAS OF ST. LUCIE COUNTY AN ABANDONED REAL PROPERTY REGISTRATION SYSTEM; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING REGISTRATION OF ABANDONED PROPERTIES; PROVIDING STANDARDS FOR MAINTENANCE OF ABANDONED PROPERTIES; PROVIDING FOR INSPECTIONS; PROVIDING FOR EXEMPTIONS AND WAIVER; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 125.01, Florida Statutes, the Board of County Commissioners of St. Lucie County has the power to adopt ordinances necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law; and WHEREAS, recent events in the housing market have led to a drastic rise in the number of foreclosed properties in unincorporated St. Lucie County, Florida; and WHEREAS, many of these properties are vacated prior to the conclusion of the foreclosure process, leavingthe properties unoccupied for extended periods of time awaiting foreclosure sale, often creating an unattractive public nuisance; and WHEREAS, many of these vacant and abandoned properties are in violation of multiple aspects of state law and local ordinances, including, among other violations, open structures, yards full of junk, trash and debris, unlocked houses, overgrown grass and bushes, and unsecured swimming pools that are not only a threat to children but become breeding grounds for infectious insects such as mosquitos; and WHEREAS, the Board of County Commissioners of St. Lucie County finds that mortgagees have an interest in maintaining vacant and abandoned real property subject to the terms of each mortgage; and WHEREAS, these mortgagees are often located out of state, making it difficult to notify the mortgagees of violations of the codes and ordinances of unincorporated St. Lucie County; and WHEREAS, the Board of County Commissioners of St. Lucie County desires to protect the public health, safety and welfare of the citizens of St. Lucie County and maintain a high quality of life for the citizens of St. Lucie County; and Underlined passages are added. -1- S#rnek-*Keough passages are deleted. WHEREAS, the Board of County Commissioners of St. Lucie County finds that the registration of vacant and abandoned real properties that have been foreclosed upon or are the subject of foreclosure actions will protect against the devaluation caused by vacant and abandoned properties, and is in the best interest of the public health, safety and welfare. WHEREAS, the Board of County Commissioners of St. Lucie County finds that abandoned real property is unsightly, unsafe and has a negative impact on the community. The Board of County Commissioners of St. Lucie County hereby declares that all abandoned real property in unincorporated St. Lucie County that has been foreclosed upon or is the subject of foreclosure actions or proceedings is a public nuisance, the abatement of which, pursuant to the County's police power, is hereby declared to be necessary for the health, safety and welfare of the citizens of St. Lucie County. WHEREAS, it is the intent and purpose of this Ordinance to protect and preserve public safety, security, and quiet enjoyment of occupants, abutters, and neighborhoods by (1) identifying the vacant properties, (ii) requiring all mortgagees, including lenders, trustees, and service companies, to register abandoned properties that have been foreclosed upon or are the subject of foreclosure actions or proceedings; and (iii) regulating the maintenance of abandoned properties that have been foreclosed upon or are the subject of foreclosure actions or proceedings, to prevent blighted and unsecured residences. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Part A. Section II. Abandoned Property, Garbage, Trash, Junk and Debris, of Chapter 1-9, "Garbage, Trash and Refuse", of the Code of Ordinances of St. Lucie County, Florida, is amended as follows: Sec. 1-9-16. Definitions ABANDONED PROPERTY means wrecked or derelict property having no value other than nominal salvage value, if any, which has been left abandoned and unprotected from the elements and is visible from the adjacent property and/or public right-of-way adjacent to the property on which the article is located, and shall include wrecked, inoperative, or partially dismantled motor vehicles, trailers, boats, machinery, white goods, building materials, refrigerators, washing machines, plumbing fixtures, furniture, and any similar article which has no value other than nominal salvage value, if any. The presence of a current license plate on a motor vehicle shall raise a rebuttable presumption that the motor vehicle is not abandoned property. The presence of a current registration decal on a boat shall raise a rebuttable presumption that the boat is not abandoned property. For the purpose of this Section, a motor vehicle, boat or trailer shall be deemed abandoned property if it is inoperative for a period of longer than five (5) days and is not stored in an enclosed building, or at an authorized junk or auto wrecking yard. Evidence of Underlined passages are added. -2- 3#ruek 4hrough passages are deleted. removed or flat tires; partial or complete dismantling motor vehicle, boat or trailer in other than an upright or operable manner; or lack of a current license plate or current registration decal shall raise a rebuttable presumption that the motor vehicle, boat or trailer is abandoned property. ABANDONED REAL PROPERTY means any real property in unincorporated St. Lucie County that is vacant and is under a current Notice of Default and is the subiect of a foreclosure action or proceeding, is the subject of a foreclosure sale where the title was retained by the mortgagee involved in the foreclosure, and/or has been transferred under a deed in lieu of foreclosure or sale to the mortgagee. DEBRIS means fragments or accumulations of pieces of metal, rubber, plastic, cloth or any other natural, manufactured or vegetative matter. ENFORCEMENT OFFICER means Sheriff, code enforcement officer or any other officer designated by resolution of the Board of County Commissioners to enforce the provisions of this Section. FORECLOSURE means the legal process by which a parcel, tract, lot or other defined area of real property, placed as security for a real estate loan, is prepared for sale by the lender/mortgagee to satisfy the debt if the borrower/mortgagor defaults. This definition shall include all processes, activities and actions, by whatever name, associated with the described process. GARBAGE means any waste part of food or other discarded animal or vegetable matter subject to bacterial decay. JUNK means pieces, parts, or discarded whole units of metal, rubber, plastics, glass, or other objects manufactured from either organic or inorganic materials. LOCAL means within the boundaries of St. Lucie County, Florida. LOCAL AGENT means an agent, located in St. Lucie County, designated by the mortgagee upon registration as required under this Section. MORTGAGEE means the creditor, including but not limited to, trustees; service companies; lenders in a mortgage agreement; any agent, servant, or employee of the creditor; any successor in interest; or any assignee of the creditor's rights, interests or obligations under the mortgage agreement. For purposes of this Section only, the term Mortgagee does not apply to governmental entities. OWNER means every person, entity, or service company, who alone or severally with others: Underlined passages are added. -3- passages are deleted. 11 has legal or equitable title to any dwelling, dwelling unit, mobile dwelling unit, building, structure, or parcel of land, vacant or otherwise, including a mobile home park; or 21 has care, charge or control of any dwelling, dwelling unit, mobile dwelling unit, building, structure or parcel of land, vacant or otherwise, including a mobile home park, in any capacity including but not limited to agent, executor, executrix, administrator, administratix, trustee or guardian of the estate of the holder of legal title; or 31 is a mortgagee in possession of any such dwelling, dwelling unit, mobile dwelling unit, building, structure, or parcel of land, vacant or otherwise, including a mobile home park; or is an agent, trustee or other person appointed bythe courts and vested with possession orcontrol of any such dwelling, dwelling unit, mobile dwelling unit, building, structure, or parcel of land, vacant or otherwise, including a mobile home park; or 5) is a person who operates a rooming house. PERSON means any individual firm, business, partnership, corporation, or unincorporated association. TRASH means broken parts of trees, prunings, clippings, or other pieces or fragments of vegetative matter. VACANT means any building structure or dwelling, dwelling unit, mobile dwelling unit, building, structure, or parcel of land, vacant or otherwise, including a mobile home park that is not legally occupied for more than fifteen (15) days. Section 1-9-19.5. Registration of Abandoned Real Properties (a) Duty to Provide Written Notice of Abandoned Real Property 1. Upon the filing of a lis pendens and/or any action to foreclose upon a mortgage or similar instrument, all mortgagees must register with the St. Lucie County Code Enforcement Division, on forms provided by the Division or, when available, electronically, all abandoned real property within ten (10) calendar days after the mortgagee determines the real property is abandoned. The mortgagee must designate and retain a local individual or local property management company as the local agent responsible for the security and maintenance of the real property. All registrations must state the property address; the owner's name, mailing address and telephone number; the mortgagee's name, mailing address, and telephone number; and the local agent's name, mailing address, telephone number and e-mail address. Mailing Underlined passages are added. -4- passages are deleted. addresses may not be a post office box. This registration must also certify that the real property was inspected and is abandoned real property. 2. All real property registrations are valid for one (1) calendar year. An annual registration fee of one hundred dollars ($100.00) for residential real property and one hundred fifty ($150.00) for multifamily residential real property or commercial, or such other amount established by the Board of County Commissioners of St. Lucie County by adoption of a resolution, shall accompany each registration form. Subsequent annual registrations and fees are due fifteen (15) days before the expiration of the previous registration. 3. Once the real property is no longer abandoned real property or is sold, the mortgagee must provide proof of sale or written notice and proof of occupancy to the St. Lucie County Code Enforcement Division. 4. Any mortgagee that has registered real property under this Section must report, in writing, any change of information contained in the registration within ten (10) calendar days of the change. The County will not charge an additional fee for modifications to registrations. ll Maintenance Requirements 1. All owners are responsible for maintaining their abandoned real properties in accordance with the provisions of this Section and all other applicable St. Lucie Countv codes and ordinances. 2. All owners are responsible to secure their abandoned real property upon a declaration of a state of emergency. This shall include, but not be limited to, installing storm shutters on all exterior windows and/or openings. 3. If the owner of the real property is a company and/or mortgagee, the owner shall contract with the owner's local agent to perform monthly inspections on the real property, as required by Section (d)(1) of this Section, to verify compliance with the requirements of this Section, and any other applicable laws, for the duration of the abandonment. 4. Properties subject to this Section must be maintained in accordance with the relevant sanitary codes, building codes, and local regulations concerning external and/or visible maintenance. 5. Adherence to this Section does not relieve the owner of any applicable obligations set forth elsewhere in the St. Lucie County Code of Ordinances or within any covenants, conditions and restrictions and/or homeowner's association rules and regulations. Underlined passages are added. -5- S#rwelt #hreuqk passages are deleted. ll Security Requirements 1. All owners are responsible for maintaining their abandoned real properties in a secure manner so as not to be accessible to unauthorized persons. 2. A "secure manner" shall include, but not be limited to, the closure and locking of windows, doors, gates, fencing and other openings. Broken windows shall be secured by reglazing or replacing of the window. 3. Any excavations, swimmingpools or other attractive nuisances must be filled in with dirt or properly closed in a secure manner. 4. If the owner of the real property is a company and/or mortgagee, the real property shall be posted with the name and twenty-four (24) hour contact telephone number of the owner's local agent. The posting shall be no less than 18" x 24", and shall be clearly visible from the street but not readily accessible to vandals. The posting shall contain the following language: THIS PROPERTY IS MANAGED BY: TO REPORT ANY PROBLEMS OR CONCERNS CALL: (d) Inspections 1. The owner's local agent shall inspect the real property on a monthly basis to ensure that the property is in compliance with this Section. 2. The owner's local agent shall inspectthe real property subsequent to the declaration of state of emergency to ensure that the property is secured and in compliance with this section. 3. The owner's local agent shall maintain written proof of the monthly inspections and provide same to the St. Lucie County Code Enforcement Division upon request. 4. The St. Lucie County Code Enforcement Division shall have the authority to inspect real properties subject to this Section for compliance and to issue notices for any violations. The St. Lucie County Code Enforcement Division shall have the discretion to determine when and how such inspections are to be made, provided that its policies are reasonable calculated to ensure that this Section is enforced. Lel Subsequent Review and Sunset Provision Pursuant to this ordinance, this abandoned real property registration system is being added for the health, safety and welfare of the citizens of St. Lucie County during difficult economic Underlined passages are added. -6- S*Puelt *Hro gk passages are deleted. times in St. Lucie County., This ordinance shall be repealed on January 1, 2013 unless the Board takes action to extend. Nothing in this section shall prevent the Board from taking action sooner. f j Enforcement and Penalties 1. The County may enforce the provisions of this Section by any means available to the County under the St. Lucie County Code of Ordinances or as may be available under State law, including but not limited to, Chapter 1-2 Section III Code Enforcement Board and Chapter 162, Florida Statutes. 2. The penalties violation of this Section shall be as set forth in the code enforcement method asserted by the County under the St. Lucie County Code of Ordinances or as may be available under State law, including but not limited to, Chapter 1-2, Section III, Code Enforcement Board, Chapter 162, Florida Statutes and Section 125.69, Florida Statutes. 3. Each day a violation continues shall be considered a separate offense. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. 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 D. APPLICABILITY OF ORDINANCE. This Ordinance shall be applicable in the unincorporated area of St. Lucie County. Part E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby 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. Underlined passages are added. -7- 5#wek#} Peegk passages are deleted. 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 XXX Vice Chairman Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paul Lewis XXX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word ordinance may be changed to section, article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts C through H shall not be codified. PASSED AND DULY ADOPTED this ATTEST: Deputy Clerk day of , 2010. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Underlined passages are added. -8- 5+rneVr#hreugk passages are deleted. ITEM NO. VII-B 7�- OUNTY • I . A AGENDA REQUEST TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: DATE: 06/15/10 REGULAR ( ) PUBLIC HEARING (X ) LEG- - �X ) QUASI -JD ( ) CONSENT ( ) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Waite, AICP Planning and Development Services Senior Planner Planning Division Development Agreement - Airport Road Development, LLC See attached memorandum. N/A 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. May 11, 2010 — The Board held the first of two required public hearings on the Airport Road Development, LLC Development Agreement. RECOMMENDATION: Board adoption of DVA 10-001, approving the Development Agreement between Airport Road Development, LLC and the St. Lucie County Board of County Commissioners. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER County Attorney ( X ) Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Surveyor Daniel S. McIntyre County Engineer ( X Fri Michael Powley Originating Dept. (X) 7&— Mark Satterlee Ron Harris ERD ( X ) Karen Smith BOARD OF COUNTY COMMISSIONERS Hearing Date: Development Agreement for June 15, 2010 Airport Road Development LLC Airport Park of Commerce 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. Future Land Use & Zoninp Future Land Use: IND (Industrial) Zoning: IL (Industrial, Light) Staff Recommendation Board adoption of DVA 10- 001, approving the agree- ment between Airport Road Development, LLC and the Board of County Commis- sioners. Previous Action May 11, 2010— Board held the first public hearing on the DVA. June 13, 2006— Major Site Plan Approval was granted. Project Staff Diana Waite, AICP Senior Planner 772-462-2822 I L GN� sA Indno Rd 1 ! o: St Lucie Blv SubtW 4 t o, an a Ave Oran � v N 4P _ _� .0 Vrg,nia'Av n Y N 0 AGENDA ITEM VII-B DVA 10-001 zoning Airport Road Development, LLC (Airport Park of Commerce) - IPqN nMlanvo m RVP CG o U TAILVAND'DR ------- - - - --- IL x ET C CG ILI CIE BLVD i L CG X L �ILI IL soo i ' IL IL ------ -_-I ---- I IX ® Subject property Rs.<. Resq IS.WI,Famlr l<ewaoi N IL-InO-0.1 LipM RVP Reuea4onal V<�Ick ParX ' '500ft notification area R.H15uFesbenWiM .Ho u.ulnuks piepaletl Ma11117 1), 2010 Location: St. Lucie Boulevard, approximately 1.5 miles east of Kings Highway, opposite the St. Lucie County International Airport. Project Description Airport Road Development LLC is request- ing a Development Agreement that will ex- tend the expiration date of the Airport Park of Commerce Major Site Plan and provide for amended conditions and requirements 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 required for the Agreement. Recommended Board Action Board adoption of DVA 10-001, ap- proving the agreement between Air- port Road Development, LLC and the Board of County Commissioners. Notice Requirements Public hearing notice was placed in the St. Lucie News Tribune . 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. Planning and Development Services Planning Division c U NTY F L O R I D A . TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Directo Kara Wood, Planning Manager FROM: Diana Waite, AICP, Senior Plant DATE: June 15, 2010 MEMORANDUM SUBJECT: Development Agreement - Airport Road Development, LLC ITEM NO. VII-B Background: On May 11, 2010, the Board held the first of two required public hearings for a development agreement between Airport Road Development, LLC and the Board of County Commissioners of St. Lucie County, Florida, DVA No. 10-001, for the Airport Park of Commerce Major Site Plan project. Since the Board's first hearing on this item, the following changes have been made to the agreement and are shown in strike through and underlined type: • Page 1, Added the DVA number and corrected the project's distance from 251h Street. • Page 2, added the hearing dates and corrected a typo in the first paragraph. • Page 3, Section 3.b — corrected the section references. • Page 7, Section 3.i.(3)— added a timeline for submittal of the final plat documents "The Final Plat, consistent with the site plan, shall be submitted to the County for review and approval at least six months prior to the expiration of this agreement." • Page 10, Section 8.b - first line, added "the" in front of developer. • Page 11, Section 9 - corrected the section reference from Section 7" to "8". • Page 11, Section 11 — first line, correct the Department Title. • Page 12, Section 11 — last paragraph. Deleted second sentence referencing the annual review for years 6-10. The agreement is only for 5 years. • Provided a footer to indicate the DVA# and date of approval. Recommendation Board adoption of DVA 10-001, approving the agreement between Airport Road Development, LLC and the Board of County Commissioners. 7COUNTY , F L 0 R I D A Environmental Resources Department Companion Report TO: Board of County Commissioners THROUGH: Karen Smith, Environmental Resources Department Director FROM: Yvette Alger, Sr. Environmental Planner Amy Griffin, Environmental Regulation and Land Division Manager DATE: June 2, 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 adopt DVA 10-001, approving the agreement between Airport Road Development, LLC and the Board of County Commissioners. �,om IJA 4nature Environmental Resources 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 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 25" 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 Environmental Resources Department Final Report 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- DVA- 10-001 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA AND AIRPORT ROAD DEVELOPMENT, LLC REGARDING ---AIRROR-TPARI-OF COMMERCE MAJOR SITE PLAN THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered as of this day of 12010, 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 1,4 one 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. PSL:8018:10 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 eneeur-aged 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 May 11, 2010, 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 June 15, 2010, 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: June 15, 2010 2 DVA-10-001 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 - 8 or extended as provided in Section 8-9. 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, attributable to any increase in the projected traffic generation for the Project that June 15, 2010 3 DVA-10-001 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"). June 15, 2010 4 DVA-10-001 iii. Sanitary Sewer: 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 June 15, 2010 5 DVA-10-001 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 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.I I. 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 June 15, 2010 6 DVA-10-001 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. 1. 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. The Final Plat, consistent with the site plan, shall be submitted to the County for review and approval at least six months prior to the expiration of this agreement. (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. June 15, 2010 7 DVA-10-001 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. insistency 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 June 15, 2010 8 DVA-10-001 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 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 June 15 2010 9 DVA-10-001 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 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, the 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. June 15, 2010 10 DVA-10-001 9. Term. The term of this Agreement shall be five (5) years from its Effective Date unless earlier terminated as provided in Section -7 8. 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 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 Planning and Development Services 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. June 15, 2010 11 DVA-10-001 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- eac eerie t ageney.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 June 15 2010 12 DVA-10-001 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. 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. June 15, 2010 13 DVA-10-001 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. EPronouns. 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. 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 June 15, 2010 14 DVA-10-001 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] June 15, 2010 15 DVA-10-001 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 I: 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 Indco, LLC, a Florida limited liability company By TBH, LLC, its Managing Member By: Its: June 15, 2010 16 DVA-10-001 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 no -me or has produced identification. --- Notary Public, State of Florida Print Name My Commission Expires: June 15, 2010 17 DVA-10-001 BCC-520081471 Zoning Airport Road Development, LLC I IF DEANNA LN z - O PAN AMIBLVD > m U O _ Z Q TAILWIND DR _ ......................... IL CG ' • a It ST LUCIE BLVD ■ ICG CG ■ ■ 500 ft. a ' ■ c¢n ■ ■ CENTER RD IL IL IX FPFWMD CANAL Y,VONNE;DR S-4 S-4 - R S1E Ez �ZE�Z I MATANZAS: AVE 4 Z S-4 S Z R -4[FZR;�;J_ Z R_ CG - Commercial General Subject parcel I - Institutional i� IL- Industrial Light N IX - Industrial Extraction ' ■ 500 ft. notification area RMH-5 - Residential Mobile Home RS-4 - Residential Single Family (4 du/ac) U - Utilities P P re Ma prepared December 2, 2008 P mip leg 4v�-r �11IL -l--I a ftv g, ul 4• f—j t t i YVONNE DR ~ v~i 0) 10- v u~i ai CA MATANZAS AVE ? v nz z z z z z 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 Thankyou Deanna Givens Planning Technician Gro-a-th Management Givensd(o,stlnc:iec4).ort,r 772-462-6426 Pseas'& 'dotes Florida has very broad public records lauds. Most vdritien communications to or from County officials regarding County business are publics records a�v-kable 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 o- COPV!ng. YOL,r e-mail communications v✓ill be subject to public disclosure unless an exemption applies to the communication, If you received this email in error, alease no if v the sender by reply e-mail and delete all materials from all computers. Tease .dote: Florida has very broad public records laves. Most written communications to or from County officials regarding County business are public records av ailable 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 . r copving Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this ema J. in error. please notify the sender by reply e-mail and delete all materials from all computers. I. ST. LUCIE TRANSPORTATION PLANNING ORGANIZATION Resolution No. 10-145, Budget Amendment The Board approved Budget Resolution No. 10-145 in the amount of $33,406. J. SOLID WASTE 1. Amendment to Contract for the Transportation and Disposal of St. Lucie County Landfill Leachate The Board approved 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 authorized Chairman to sign documents as approved by the County Attorney. 2. Operation and maintenance services on the Landfill Gas Processing Equipment. The Board approved the contract with CPL Systems, Inc. for a monthly fixed fee of $7,200 and authorized the Chairman to sign the contract as approved by the County Attorney. K. PLANNING & DEVELOPMENT SERVICES Airport Division: Budget Resolution No.10-143 The Board approved Budget Resolution No. 10-143 establishing the fund for the FDOT grant for the Florida Power & Light Utilities Relocation Reimbursement and authorized the Chairman to sign documents as approved by the County Attorney. 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. Mr. Steph Mathis, Culpepper and Terpening, addressed the Board and stated they agreed with the additional condition as presented. No action required. 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. The Assistant County Attorney advised the Board was to be a financing mechanism and it does not address the service provider. It was moved by Com. Craft, seconded by Com. Lewis, to adopt Ordinance No. 10-017, and; upon Roll call, motion carried unanimously. A All applications for Slit Plan approval must be completed and filed with the department before 4:30 PM each business day to meet applicable filing 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 Please refer to Exhibit "'A" attached. necessary) section 31 Township 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. [ l Residential Number of Residential Units/Subdivided Lots [ 1 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) 'ri1) 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 -- in orm ion 16 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 Fax: 772-231-9229 Property Owner Information 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 property 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. l�r! _ . M S / ► n �S,7 , Pwx- 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- %_ U I f The foregoing instrument was acknowledged before me thiss - I day of a Piz I L, 20 O �5 . by MQ—I. A C who is`personaliy kit twno twno o me r who has produced as identification. Signature of Notary i af1-7U0x. 4.r Type or Print Name of Notary Notary Public Title Commissic►mbato,„.,,,,,o,,,. ,014A PAT66A J. MORCAN (Seal) MY COMMISSION A DD 499941 r' EXPIRES: December 15 2wg -: •,,}+„l°'' 13.ru,!4dTl1h1NNeryPublcUrtdennileis Revised April 24, 2007 Pro�ec�,Revigwer: , Airport Park of Commerce — Site Plan Extension Request EXHIBIT "A" bo i d Or- L :,r bou w 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. j 60 OE CU("v Airport Park of Commerce — Site Plan Extension Request EXHIBIT "B" JEM HARRIS, RAYNOR & JONES, P.A. Attomeys 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 Y2 mile west of North 25th Street, in the I L (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-) 002 FAX (561) 747-41 13 (800) 479-0867 (MARTIN COUNTY) JEC& HARRIS, RAYNOR & JONES, P.A. Mark Satterlee April 18, 2008 _Page_2_ f — Accordingly, the Developer, pursuant to Section 11.02.06B.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" bo ri OIC f, "j"J" Ap-ent Information Andrew Spuanzi-nid;-Es-quire 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: asperanzini@ihr pa.com EDWIIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE 8 2912911 08/1412ODS at 03.07 PM OR BOOK 26M PAGE 1482 - 1486 Doc Type: RESO RECORDING: $44.00 1 2 RESOLUTION NO. 06-163 3 FILE NO.: MJSP-05-011 4. 5 A RESOLUTION GRANTING APPROVAL TO A 6 MAJOR SITE PLAN PROJECT TO BE KNOWN 7 AS AIRPORT PARK OF COMMERCE 8 9 10 WHEREAS, the Board of County Commissioners of • St. Lucie County, Florida, based on the 11 testimony and evidence, including but not limited to the staff report, has made the following 12 determinations: 13 14 1. Mason Simpsonpresented a petition for a Major Site Plan Project, to be known as is Airport Park of Commerce, to provide for the construction of a 32 lot subdivision, on 16 a 37.85 acre parcel located on the south side of St. Lucie Boulevard, approximately 17 one-hal(a mile west of North 25th Street, in the IL (Industrial, Light) Zoning District for 18 the property described in Section B. 19 20 2. The Developmerif Review Committee has reviewed the site plan for the proposed 21 project and found it to meet all technical requirements and to be consistent with the 22 future land use maps of the St. Lucie County Comprehensive Plan, subject to the 23 conditions set forth in Part A. of this Resolution, 24 25 3. The proposed project is consistent with the general purpose, goals, objectives and 26 standards of the St, Lucie. County Land Development Code, the St. Lucie County 27 Comprehensive Plan and the Code of Ordinances of St. Lucie County. 28 29 4. The proposed project will not have an undue adverse effect on adjacent property, the 30 character of the neighborhood, traffic conditions,parking, utility facilities, or other 31 matters affecting the public health, safety and general welfare. 32 33 5. All reasonable steps have been taken to minimize any adverse effect of the 34 proposed project on the immediate vicinity through building design, site design, 35 landscaping and screening. 36 37 6. The proposed project will be constructed, arranged and operated so as not to 38 interfere with the development and use of neighboring property, in accordance with 39 applicable district regulations, 4D 41 7. The proposed project will be served water and sewer services by the Fort Pierce 42 Utility Authority (FPUA). File No.: MJSP-05-011 - Resolution No, 06-163 June 13, 2006 Page 1 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 s 1 /12105, last revised on 1/04/06, 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 is (a) Obtain comments from the appropriate county staff, legal staff, and other 19 responsible agencies regarding the satisfaction of all applicable code 20 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 z5 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 30 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 plans shall be 38 made by 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 upon his 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 Order will be 45 issued without prior issuance of a Certificate of Capacity. 46 File No.: MJSP-05-011 Resolution No. 06-163 June 13, 2006 Page 2 1 -2. Prior to the recording of any Final Plat approval for the project, the applicant (aka 2 Developer), successors, or assigns shall provide certain improvements to roadways 3 required to address this projects impacts on the County's roadway network. The I-- - - Developershe!Ienterintora-Road improvement Agreement with St. Lucie Oountyforthe 5 proposed improvements to St. Lucie Boulevard. The improvements include, but are not 6 limited to the following: 7 9 10 11 12 13 14 is 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 (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 Resolution No. 06-163 June 13, 2006 Page 3 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 28 29 30 31 32 33 34 35 36 37 36 39 40 41 42 43 44 45 46 47 this site. 5. The irrigation system within this project shall be designed to accept reuse water from — the fort Pierce Dtillities 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 complies 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 '/4 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 25`h) 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 County Development Code. 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. E. This Resolution shall take effect upon the date the Director of Growth Management issues a 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 F. A copy of this resolution shall be attached to the site plan drawings described in Section A, 3 which plan shall be placed on file with the St. Lucie County Growth Management Director. 5 6 After motion and second, the vote on this resolution was as follows: 7 8 Chairman Doug Coward AYE 10 Vice -Chairman Chris Craft AYE 11 12 Commissioner Paula Lewis AYE 3.3 2.4 Commissioner Frannie Hutchinson AYE 3.5 1.6 Commissioner Joe Smith "AYE 17 18 19 PASSED AND DULY ADOPTED this 13th Day of June 2006. 20 21 BOARD OF COUNTY COMMISSIONrzRS 22 ST. LUCIE COUNTY, FLORIDA 23 24 25 26 BY: 27 Chair nan&4 28 ........ 29 30 31 ATTEST. APPROVED AS TO FORM 32 AND C RECTNESS: 33 NS 34 35 36 00 ell WU &Z 37 TY CLERK COUNTY ATTORNM' File No.: MJSP-05-011 Resolution No. 06-163 June 13, 2006 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, 20O6—approving thP_Major_Site_P__lan 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, Raynor & Jones, P.A. JHRJ Culpepper & Ter enin , Inc. CTI Thomas Lucido & Associates, P.A. TLA RES Requirements Status Update A permit from the Fort Pierce Farms Water The permit for the project was approved by the Control District (FPFWCD) is required to be FPFWCD Board of Supervisors on October 8, 2007 and obtained together with approval from the 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 repeated 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( Confer with the County Engineer, the Public On April 10, 2007, CTI submitted 4 sets of b) Works Department, Environmental Resources signed/sealed construction plans and a signed/sealed Department, and Utilities Department to cost estimate to the assistant County engineer, Craig determine the number of constructible Hauschild. All of the staff comments for the engineering plans required for review. infrastructure have been satisfied to date and only the St. Lucie County Stormwater Permit application is lacking full County approval. RES/Al( Submit to the Department of Growth See above comments. The plans have been submitted b) & Management the required number of complete and approved for the infrastructure design and a St. All(c) 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. RES/Al( Growth Management shall evaluate project The developer satisfied concurrency requirements in d) concurrency in conformance with Chapter 5 of connection with the initial site plan submittal. The the Land Development Code and issue developer recently submitted a revised traffic impact Certificate of Concurrency and Certificate of study in connection with the extension request and is Capacity to evidence satisfaction of all working with County staff to satisfy all concurrency requirements for concurrency management. issues. RES/A2 Prior to recording of the Final Plat, the The Roadway Improvement Agreement was submitted RES I Requirements I 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 �o� fO coVer the costs of the improvements-, at a date ude Boulevard, including, but no imi e o: (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. Develo er. 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 project. requested extension. RES I Requirements I Status Update RES/A5 Irrigation system shall be designed to accept The project does not have an irrigation system at this reuse water from the Fort Pierce Utilities point. Typically, the detailed irrigation plans are not Authon y. ___ — - submitted untl 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 The elevations and drawings can be prepared quickly drawings demonstrating that the project's and will be completed prior to recording the Plat. signage complies with the St. Lucie County Architectural Standards as set forth in Section 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 developer agrees to this condition. The condition the St. Lucie County Architectural Standards should be checked when plans come in for each lot. as set forth in Section 7.10.23 of the Land Development Code. (this is a typo; should be 7.10.24 RES/A7 The property owner's association The developer agrees to this condition. The property documents shall include language regarding owner's association documents have already been this requirement for the specified lots. A copy prepared and include the applicable language. The of the property owner's association documents will be submitted for approval prior to covenants and restrictions shall be recording the plat. submitted to and approved by the Growth Management Director prior to recording of the Plat. RES/C Major Site Plan shall expire on June 13, The developer filed an application for site plan 2008, unless a building permit is issued or an extension within the allotted time, pursuant to Section extension is granted in accordance with 11.02.06(B)(3) of the Code. Section 11.02.06(B)(3), St. Lucie County Development Code. RES/D Prior to the issuance of building permits or SFWMD Permit No. 56-02103-P was issued on May 14, authorization to commence development 2007. CTI has received notice that no ACOE permit will activities, all necessary development permits be needed. FPFWCD Permit No. 06-001-026 was and construction authorizations shall be issued in January, 2008. The DEP permit cannot be obtained from: State and Federal regulatory processed until the developer has an accepted utility authorities; the United States Army Corps of agreement. Once the developer has the finalized utility Engineers, the Florida Department of agreement, it usually takes about 30 days to get the Environmental Protection, and the South DEP permit. Florida Water Management District. AIRPORT ROAD DEVELOPMENT, INC. EXTENSION REQUEST AND DEVELOPMENT AGREEMENT FILE NO. BCC 520081471 -- ITE TM ATTO?v OF-BENEFI,S-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) i �6 Stefan K. Matt s P. Florida Reg. No. 723 Airport Park of Commerce -Traffic Impact Study Table of Contents Table of C'nntentc AppendixA ......................................................... AppendixB......................................................... AppendixC......................................................... 1 .................................................................................... 27 .................................................................................... 45 .................................................................................... 62 Airport Park of Commerce - Traffic Update - 04-141 TIS Page I 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 1`To , 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 Smdy 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 • 25,h 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 251h 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 25,h 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 Airport 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 ane northb—ou-mod one (1) -I=dne southbound. - Addit�onatTfg tt 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 Highwa- No. 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 1 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 1 Lane Thru/Right Kings Highway and St. Lucie Blvd As a result of the recent safety improvements made along the langr Highway Comdor, the intersection 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 Park of Commerce -Traffic Impact Study TABLE 4 , 1 GENERALIZED ANNUAL AVERAGE DAILY VOLUMES FOR FLORIDA'S URBANIZED AREAS' ("%'LNTFRR('PTFJ) FLOW IDGHWA) N FREFU AYS 2,*W, -")00 13.900 N,60,) 27S,,I0 lams A E 1) y D'v.c V 3 - A000 ­,W) t, j,sou 4 '31 _N N1 yjlio tr, jj)(� �00 �1 1) 30-500 Mtljc, 0 T"J0 101"00 f, 16,qloj 61 I(A) S*;31,k: I I T 1,1(F 4,Q,0 92 _00 I I ,,;(6 1-10m, I 11ATF T" O•% Ali' ARITRIkIJ; -.21 04, 1 1 1-6.- K AW I 1-A:X, I11,l A 11 l D 1 �,21pq 13 VW q, 3 -00 1 n vi c,f Sm.- C_*X1 2,10G w 5 A U 1) 1; fi 1) le", i"(010 t.6 110 l,-,s,Aj Z-1 f"M 36S)0( 12.000 6-, 20,1 -4.5kkl 14's"o 56300 1, 1.700 1040t, 1'10_2i4� L"'It 12 ... PC, -I 47,1,jf1 I I 1 '491 It'; 4,K, I ol4rnicr 10 GIB:: J4 20"Kc 9- - tv(j I-, I 2Ov I k: -RK, w,, 0­-*� i sncr:a I. Wil 11.100 1 16-IIAl Dw,�­ — �Aoll at, Ofxj I., -,* v V l, -a : . (1, 50" 1" _100 ' 4,200 ..,K, BICNCLE A1001 �k 1) 9 �011 3 30(1 13 NOO 0 ('1I. III tF_ "_5 III, f.all, 0.1,11l,h n.*­­ lCl-11 4,11­ Id- I I I I_ .0- ­flu, �­x, I> •isd A 11 A 11 Ci U F. 1.3,8430 40C 12,tLu 1 '00 1 -JCa _Q M0 63,,tN0 ('I.. Nf­­ A- 1 ­1 M E. dlc I,, +,,, n CcAri INITio )t ­rwc­hnn vMm-MM11 11 11-41 11YA t4w.: s_11, ilIl.fir 44i.JjW,nsir.p1.11-1-C '111-1,t —1—11 5.hc, 11" 1 I curl ,f s",ur 41Yw". 11 In II iI,ctll ­­­ ... L-6 M s_'­ V­,v, 00 eQJA,0 62,200 N5_0011 I I _441 Bkl MOM F­�, kvtic, .10N.,11AIT ROA) AYS A"c' txic,c A t" 17 3..crc1 n1 Sena 1.100 1 JVW e 14 21 , =(K) I T, i C,(, 4 3 31»,J() 2 t - JU 31)0 LV, ',3 kk Tv kOADUAN AWINTM VNI� DIVIDMUNT)WT) 'ED 1,2'�Al U'4" il"d " : " I�X)n000 1l, kf I -'l , , 11, full 2 -, '(W Aind1 L"al 11z = 1J2 Offi­ %1S IQ FACILYN11 Dwrl�, ll th, la'Nt 6-, ky" u, —m-4 85 Airport Park of Commerce - Traffic Update - 04-141 TIS Page 7 Park of Commerce -Traffic Impact Study TABLE 4 - 7 GENERALIZED PEAK HOUR DIRECTIONAL VOLUMES FOR FLORIDA'S URBANIZED AREAS" A t, e. 7 1, 4"1, 111- cr. %. oN , 1,12( S! k T TFIANO-WAA ARITRLAIS nal, t.t,W Lw, loj( this, 11 i_'K, lu -,50 o-mow, I (,I S" A 14 I L I W­ c 21 - VkrMA'%' - - - - - - 1,,_ A w,. R. '.4 10 C. 1) r "2( to, I 9, 40 C D T' "bw ­0 1,9�0 3Sf 13 1�c ',Alw L ",W) _220 at ;lc 111 Q11 iw 6 f, t,,41 S- 0 1 LIo 12 V" i k(w Dl(l CI T MOM :.`till (Not, 1 n 'I "I ", W, 14,, It, i'ic, ck —0, t,, th.lik ', ­'e, .u­Ij ,nt, ""l- slit. anxF mtfi, 1"t, .­, sh" no[,TY, .,1 it , .t­ "el 4nor, L", �Mj I 0W., 184, PKI)FS I RIvN Ml )DY INIA, I .,,j M y,cr x, I, the t, q, A wn,c, nl k,x­j ,I 1,j ;d ­C­ J.,ixI v, r.artmIttrr .­i. .,,,c ­1 A It r (44, 3 lls L", Iwo NON -�T ATF R0 AJ)" AN RCS, %JODY, F—, h,v ARI FRW,NONsl XTY kOAPIVAl ADD STNIEN I S t1l', It, W- VNIW, WIT Janes ill cvrsrt A 22 'd— An i I ....... .. hon I\'T V AY VA(ALITEF, CIUL":­sr pIW* It, t,, 14 P,l 97 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 -fro ie-Urban Area Transportation Planning Organization C- 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 Roadwav 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 CI 4 In 35,700 6,500 0 6,500 B S. of St Lucie Blvd 0011 F CI 4 In 35,700 10,300 0 10,300 B N. of Juanita Ave 0791 CI 41n 35,700 10,400 0 10,400 B S. of juariita Ave 5152 - CI 4 In 35,700 17,700 0 17,700 B Kings H North N. of St Lucie Blvd 0749 A C1 2 In 16,400 15,700 115 15,815 D S. of St Lucie Blvd 0751 B CI 2 In 16,400 13,800 101 13,901 D St Lucie Blvd W. of US 1 North 0270 G CI 2 In 16,400 5,100 0 5,100 C W. of 25th St North 154 D CI 21n 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 CI 4 In 35,700 23,100 0 23,100 B S. of St Lucie Blvd 0010 H CI 4 In 35,700 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 I$ ExistingTraffic Conditions Roadway Man IDs Classification ADT LOS C"acity ADT Committed/ PM Peak PM PK Hr Directional Hr LOS CapacityC2pacity LOS Volumes/LOS Type Lanes 25th Street North N. of St Lucie Blvd E Cl 4 1n 35,700 6,500 B 1,860 340 B S. of St Lucie Blvd F CI 41n 35,700 10,300 B 1,860 538 B N. of Juanita Ave CI 4 In 35,700 10,400 B 1,860 543 B S. of Juanita Ave CI 4 In 35,700 17,700 B 1,860 925 B Kings 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 1n 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 21n 16,400 5,500 C 860 287 C E. of Keen Rd C CI 2 1n 16,400 6,255 C 860 327 C US 1 North S. of Indrio Rd CI 41n 35,700 23,100 B 1,860 1,207 B S. of St Lucie Blvd H CI 41n 35,700 22,700 B 1,860 1,186 B Legend - Roadway Classification Type CI State Two -War 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 Ratestare gropused-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 devef ell as -tire-exisring Transpiomatiorr 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 3V o 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 250/6 495 46 St Lucie Blvd W. of US 1 G 101/0 198 18 W. of 25th St North D 5Mo 990 92 E. of Keen Rd C 50°i0 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 Airport Park of Commerce -Traffic Impact Study 3 E r z � t tOz a A 3 �ZSX 6 z Y 41f ST. LUCIE 50Q1-LEVARp .-�-� ''o'' '"G"' SITE 50% SOX 1 10% H tOX N O tF t F E z �325% 0% 6-18-08 FIGURE 2 04-141 TRAF CULPEPPER & TERPENING, INC. AIRPORT PARK y, CONSULTING EN4(NEERS I4..A,NO wu wcE ORS OF COMWRCE 2M SOUR! M SMUT FORT 11HRM, FLORWA 34901 t"" 444'3E3' DIMMIMON . < o n�.r .a.A ° .,�� .�°e.�.^°. •> BY PERCENT Airport Park of Commerce - Traffic Update - 04-141 TIS Page 13 Airport Park of Commerce -Traffic Impact Study Capacity Analysis Arterial Analysis: -- T41e -T-rip- As-,ignnment Volumes caleulated 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 Road av Network bv ADT Roadway Map ID LOS CAVacity Existing Conditions Growth 20� 10)* Other Projects' Traffic Pre- Development Conditions Project Traffic Post - Development Conditions 2% 25th Street North Iv. 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 i I E i I ? ij j{ } 7,036 E r z tA `7,3iS9 98 109. i 25% 435 7 234 z ♦ 17,604 U x i Y � { ST LURE BOULEVARD IC SITE i 5©% O i b::z ~ t oz * 6,766 `.953 w 5,520 i 24.571 990 990 9B N 198 �1QX 7,756 6,943 = 5.718 24,769 , � N 3 i � $ 15,039 b F t, 9 36R 4 25% 495 i5,534 11,743743 t 1 7� i 6-18-05 { 94-141 'RAF I�'IGi1RB s CULPEPPER & TERPENING, INC. AIRPORT PARK CON&W.TiNO CN*tNccps 14 No •wovrvons OF COMMERCE soue+ Fiat RT CfERCf, KdtIDA Ug 3l4D7 M2) ,6.-�> P.M. PEAK HOUR * " "°"°• •""° a mwtwu min °'"'M-`W '"° TURNING MOVEMENTS Airport Park of Commerce - Traffic Update - 04-141 TIS Page 15 Airport Park of Commerce -Traffic Impact Study Table IX Impact on Local Roadway Network ADT RoadmLay Map ID ADT ILO Capa -Project Traffic ADT Post - Dewlopment Conditions ADT-% - Impact -Remaining Ca aci 25th Street North N. of St Lucie Blvd E 35,700 198 7,234 B 0.550/0 28,466 S. of St Lucie Blvd F 35,700 594 11,743 B 1.66°/a 23,957 N. of Juanita Ave - 35,700 594 11,851 B 1.660/'c 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 3.02N -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 1 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% 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 1 0.97% 1474 S. of St Lucie Blvd F 1,860 583 B 55 638 B 2.W6 o 1222 N. of Juanita Ave - 1,860 588 B 55 643 B 2.964io 1217 S. of Juanita Ave 1,860 1,001 B 55 1,056 B 2.96% 804 Kings H 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 6-18-08 04-141 TRAM" Airport Park of Commerce -Traffic Impact Study FIGURE 4 CULPEPPER & TERPENING, INC. AIRPORT PARK co.*ULTI. OF COMMERCE ' FORT PRAM[. FLORIDA 3f9E1 ("" •°' P.M. PEAK HOUR TURNING MOVEMENTS Airport Park of Commerce - Traffic Update - 04-141 TIS Page 17 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 fm the peak traffic cunditiuiis-.peak traffic conditrons-- 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 56 704 11 56 764 1? Z -0011111111111111 15 - f - t_3 A: 15 A 4**# 4y ir St. Lade Boulvard 53 +0 +0= 53 t 18 0+0 _ 18 —401- 143 925 22 1A' + C, - to = 2 d5 2 5 198 925 22 LRGEND X= EXWTNG TRAFFIC XXX RACKC>ROLNEI XXX AIRPORT PARK X= 7VtAL 77 AFM B*dWaed TaCSc hx u kv Owr Awe Self, SurvoF%M F.mu. I AC 5ubdiw, bfiG"-k, rung+ 2010 C.n4 Miillre# Pl nbilkr4 Pn uw. Pm, Wibm V-, Nu"Alrt, SIX Aigx i Runwy, NAic al a ue—.d.,.,.d ze Food B.ok FIGURE 5 CUL-PEPPER & TERPENING, ANC T.._._.._._....._........,_..,,.._.__,_..___..___._.._..._____. __._.__ corsxsTOrO irw�wctMs ��no sr•ve�a�t PA4 PEAK HOUR TUR1'AJG MOVEIMTE\TS USHw Nl l & SeLu Batdw.rd '. "0 YC713Pl12`ad $fRlwl' Fatsrr�.l] t+s' Airport Park ,.- , *�tx.,. Airport Park of Commerce - Traffic Update - 04-141 TIS Page 19 Airport Park of Commerce -Traffic Impact Study ?8 320 3' 33 3-0 3.7 12 �' � � 104 -0 -5= 1(9 A St. Lucie Bouivard 31 +0 -1S= 49 t flop 153 + 0 18 = 171 108 wxi 91, 0 0 C 15S + (i w 55 = 27:; 23 2(k) 9 i 17..3 2t10 9C� Airport Park of Commerce - Traffic Update - 04-141 TIS Page 20 Park of Commerce -Traffic Impact Study 1 425 121 0 53 0 :M —0 + 46 = 274 1 478 133 8 � Cs -- f_s .: g s y� � 48 -49 +. 46= 143 St. Lucie Boulvard 0 +0 +0_ 0 t illp 3 f 0 1 (1- 5 -MOO-A 615 36 (} 411 48 A t i> g =_Ll _*0 ,. 12 4 663 96 N LF.Ci0-M XXX EXKfi'nNG TRAMC XXX BAC KGXC)UM XXx :AIRPORT PARK XXX 'TOTAL 'tRAMC Bakgatnd Tat& Inckuki O.M, Aw Self Sumtyland Fans, i AC Subdor, Mf ft,,k, Kag i(q6 Ctt, If&,', PLuutiot4 P-4- Pro, t4'iyas I)rr„ R1�ksxtr2,3LC Airport Runway, Nxfimnl VC' kmodu, —d TC Food B. * FIGURE 7 CULPEPPER IS TERPENING, INC ._..._.....,.,,.__.._.. .... .___.._.._..... ...._.........._.._..... to■s>.�r�rF :rw� cc�a ..�.«a •�•vxaa�a PM PEAK HOUR TURNING MOVEMENTS King Hm & St Lu Bml"fd � zltq ssrJtrt'N iith Slxi�1 = P171[J'AE� F3.OII717M] RXtt'glwW# WM�l1M�sN/+:•WMi1N'�k'94�R'4!dE�!{1'f#R Airport Park �.:1r A+^eg ra+wra�6 :Gr9ilk .H Airport Park of Commerce - Traffic Update - 04-141 TIS Page 21 Airport Park of Commerce -Traffic Impact Study "G vq 93 0 24 U S �Srr� ,6 333 93 4**11 + %* Indrio Road 89 + 0 + C » 89 wool lab + 17 + 6 = 159 113 113 233 56 -10 -1 G t flop 277 573 5' 13 24 h ±-a Z 313 615 ?1 )= iBMV NG TRAFmc XXX RACKGWI. D xxx MKPORI' PARK XXX TOTAL TXAFFIC Backgmnd'Tatfic Lrludw Oange Aac Sdf, SunnelaM Faam, 1 AC 5ubdi ., S1i6cnd:, Kop CAr� Mdlci r PLnnurx4 Pin w Pro, lt5bm bm-, libsrwrn, St1: Airport l4www, NA60" i R'akrsoda, and TC Food Bark 2010 FIGURE S CULPEPPER a TERPENING. INC ,: _.. _ . _....._.__. _...ro_.._ _ __..............._ _m...._ Mt PEA LK HOUR TUF 14ING MOVEMENTS eor ukrtra c.aracc.e M.wo suavx.o+a Kiry HWY rTt lyd-"d POW TU1s CEB FLOIt LLl )1981 k CAA ant wa Airport Park RtiifsP�#a<M.i4M�uR7NrN9llu�+•o�iR.M#i�: �'�aalRM1lkn11UU b!a Airport Park of Commerce -Traffic Update - 04-141 TIS Page 22 Airport Park of Commerce -Traffic Impact Study 33 442 121 73 49 16 Alm 132 - 1t, - +? = lag S + 46 -n IfJ6 537 137 ", +i140ttillt 68 + 50 - 0 � 118 89 =20 = i) = 109 Angie Road 31 -E42 + 0 = 73 � t 33 ?9 1 43_ 62 22 4'Q I1 a 57 3' 43 + 2 + Ca x 45 0 ill8 26 539 48 T;fsGi?1JT) 1�IX EOMV NG TRAFFIC XXX SAC KCAULIM) xxx AIRPOWr PARK XXX`TOTAL TRAHgC Bad gmund Tuffic lnhides! Gnssge Aw Self, SunFwknd F.mss, 1 Al Sub , bWk*dc, Knp 2DIO Gu, %idicfs Ph sntioq Ptt %s PM, WA,— rkw., BUsew.ses, VX Aigw Runvq, xsicRul lX'w d., wdTc Food Balk FIGURE 9 CULPEPPER & TERPENING. INC PM PEAL: HOUR TL &NING M6P.ENEIRNT5 FPM'�ui,TlM. LY6�MsrMlr �. N!O f4.rcrp..wa K.V H," * Rwd z�a 1%7t7171 T*b M11twl raw vw� IWIK 3M tn+sNsa7 Airport Park aal'�e�aoaw,arR+n.wa�,r>v�v,.>.s.tim®!r�. ra, fae 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 --- US Highway No. 1 and St. Lucie Boulevard P.M. Peak Hour Approach Pre -Development Post -Development Eastbound C C Westbound C C Northbound C C Southbound B B Intersection C C 25th Street and St. Lucie Boulevard P.M. Peak Hour Approach Pre -Development Post -Development Eastbound C C Westbound B B Northbound C C Southbound C C Intersection C C Kings Highway and St. Lucie Boulevard P.M. Peak Hour Unsignalized Signalized Pre- Post- Pre- Post - Approach Development Development Development Development Eastbound C D C C Westbound E F D D Northbound - C C Southbound - B B Intersection n/a n/a C 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 -- 2nticipated impacts e-development of the St. Lucie Boulevard Industrial Park development. 2. The tnffie ifnpffet of the proposed de-eelept"ent will deer -ease the level of ser-viee for- the are war -ranted.. far- Signal Warrants, 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 3.01.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE (3) Construction - special trade contractors. (17) d. Engineering, architectural and surveying services. (871) e. Commercial fishing. (091) f. Laundry, cleaning and garment services. (721) g. Local and suburban transit. (41) h. Manufacturing: (1) Food and kindred products. (20) (2) Tobacco products. (21) (3) Textile mill products. (22) (4) Apparel and other finished products. (23) (5) Furniture and fixtures. (25) (6) Printing, publishing and allied industries. (27) (7) Drugs. (283) (8) Leather and leather products. (3 1) (9) Glass: (a) Flat glass. (321) (b) Glass and glassware - pressed or blown. (322) (c) Glass products - made of purchased glass. (323) (10) Fabricated metal prod. - except machinery and transport. equip.: (a) Metal cans and shipping containers. (341) (b) Cutlery, handtools and general hardware. (342) (c) Heating equipment, except electric and warm air, and plumbing fixtures. (343) (d) Fabricated structural metal products. (344) (e) Coating, engraving and allied services. (347) J) Miscellaneous fabricated metal products: (1) Wire products. (3495) (2) Misc. fabricated wire products. (3496) (3) Metal foil and leaf. (3497) (4) Fabricated metal products - NEC. (3499) (11) Industrial/commercial machinery and computer equipment: (a) Metalworking machinery and equipment. (354) (b) Special industry machinery, except metalworking machinery. (355) (c) General industrial machinery and equipment. (356) (d) Computers and office equipment. (357) St. Lucie County Land Development Code 3:28 Adopted May 19, 2009 ZONING DISTRICTS 3.01.03 (12) Electronic and other electrical equipment and components, except computer equipment: — ehuld applian ec�s. (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) (7) 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, varnis es and suppZies�- ) - (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 Development Code 3:31 Adopted May 19, 2009 N d 00 Ln 1.0 01 r-4 Ln N N d 0 Ln 00 M n Ln ri 00 M M N W d LD O n M Ln Lo LD 1.0 ry fV F, am op a a Ln Ln Ln M Ln N ri M N L,0 tD 00 Ln w ri M l0 N N l0 C 1 M O N Ln N W d e-i d O d d d W d W W d n <D Ln LD 01 O M M M M M 01 M M M a o d m d d m d m d d m N d d d d d N d iV m m m m m m m m m m m m M m M m m m m w NM Q J J J J J J J J J J J J J J .J J J J N (7 LL LL LL LL LL LL LL LL U- LL LL LL LL LL U. 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Zoning IL (Industrial, Light) Future Land Use IND (Industrial) Indr;o Rd "� 4 j a � = o Subject prop" u, St Lume BI I ci Oran fi Ave Oran Ave P'. E 'A naAv 'fie c=cn erg N F_ PUBLIC HEARING NOTICE - - Airport Park -of Commerce BCC 520081471 DVA 10-001 Zoning Airport Road Development, LLC (Airport Park of Commerce) DEAI�NA LN / 1 -AN AM,dL,1,o a U RVP $ - fjj TAILY\1 N.'CF M EiANN _ 3 - - - - - - - - - - - - - IL CG CG — -- � I IL r IL --------- --- IX IL ® Subject property ca-corm. .,-,�I Fs-0-N ,� a N eqi � i a m yn m✓c.F ror.. nce -a.r :•. 500 h notification area u cPre� CN - zo c 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 • MONDAY MAY 3, 2010 • SL CONDO CONVERSION C PROBLEMS? N Did you buy a unit at an apartment complex that Was converted into condominiums, after O41 a 2005? If so, we'd like to hear from you and 0? possibly feature you in a story. Send a brief s}mopsis of your situation to TCYalm.comv O o submit or to nadia.vanderhoof{scripps com or V p melissa.holsman(a_'scripps.win Include vour O LL N O a name, telephone number and the best time _ - O m to Call. Q 4Q Q a O O �O v _ Y� �U�♦♦ rs�Rt /Wey/ Q V W Aa. 0 � � C) W <ri LL a v~i 0 In R7 r• x 06 N M CO Q) M a) Z N La E Q f L Q N Q Q C (n U VOLUNTEER OPPORTUNITIES DATED ITEMS gacewayeillage.org Guardian ad 11tem Prevention of Child Abuse. Program' Volunteer training. Help local cold abuse preva TK!n Ages 19+ h84 NEW UN-11, chrobes on iressixe 002ST. ('-o) Stud Sute 500, Port St. Wde, 532 6132 nalIOnale.rangeclub. 9 a m. May 4. Reservation, (772: org 871-7225 guartla dlae r,.19. Learn To Read of St Lucle COMPUTERS County: Tutors far Irteracy and Computers: Teach cba' s in Eacl tutors to be traned to ware prxees ng. sera g ma he help adults learn M reed or team In Spanish at St Joseph Catholic English. Leam to Read once. 809 Church. Stuart (772) 3375139, Des -are Ave.. Fort Pierce. 92.m 1 p.m_ May to. Ages Ill,, (71) me FFvd CFRnc tNICaJUnocom. 464 2747; 1eamtoreadsio(Entcon, GARDENING Greeting Healthy Kids: Help ANIMALS needed won buittlmg garden All -Poet Reacu Foster frames iloadtrlg gardens, homes sought for annnall. Apply: eopetreeruecom. merwn,g. (772) 4533413. Humane Saoiery of St. Luce HABITAT FOR HUMANITY County. Sheller 72) St Lucie County Habitat 613ite events. (r7?) 46T 0687 for Humanity Wont"sought EA 224n Smithsonian Marine S ith f Wo en aUldp Die t' FOrt Ecipsystrim. Elmit, t p g. '7'21464-1tR "'Noyl ad tarp t I as tt stlutenabgatorg. t bi ED touch tame. At Feeding, mmgor ng saltwate aquaria Ages HEALTH 18-. 420 SFEA y Dr Fart Pierce, Crisis Line: Vcbmeers nEeced lyarcCmsl.Pei (172) 4653271 to help with telephone counselling, referral one (772)463-1475. ATTRACTIONS Mended Hearts Chapter Florida Oceanographic 235: Pol-I upprK, orgr_n sat on Camber' Public for people affected by heart Coastal d cirl Florde O'earographc disease (772`794 393M suzy So..^iety: B90 N.E. Ocean Blvd. stoeckHl Bmai.corr. Stuart. (772) 225-0505 "t 106: Palms of St. Lucie West: fbribacceencidepmc.mg. Acheitle5 help for 2558ted-lvng Heethtote {otanleal en ors, Alzharners residents. Gardens: ?YJ savannah 501 NW. CEaFNDHre Oled., Si._,,,he I.,, Fort Pierce 9 nohn, W T. 1772 4. .rR Wetlnpsa a (772)464.4672- Cloas344 r Cloast vice h ie r,,olentit gd tlens.org. OAkC �` thoft store , HO9plce Port St Luce gotanlcal hou es 11 Ma Gardena- Vobrters needed. as'L OY.e,.npb.:Door es. (]711807 2410 S E. Westmoreteld EIND $430 Poll St Lucie. (772) 3371959- pslboter4caigamerls.org LANGUAGES Road to Victory Military Tuba in E gl Pr SpanisI,. Museum: 319 Stypmann Ave Huila— F Act r $ILEFT (772)692-0302-cotenetCa neteonme cnan,.elylCalj.C.chm- speclafmrpeus.com. CHILDREN/TEEI MUSIC Port St Lucie Community onc rt Band Mus s . Part St. Luc e C'vi Center. to PortSL. SE C'icCenter' ce 6,30.8:30 D.yn-, Thursdys. Care Net ►regna (72) go-2863_ Servleea 6432 S. Fade el High,va) Pot St. Lucia 5569 NE_ OTHER Federal Hill Port Sale,. American Red Cross (77) 8'1-2ni1. Dy-ter Educk oP S,t,Dlor Exchange Club CASTLE dryans hur,ioure shelters. Clerral 11 subloom Data entry disaster reket (772) 287 2002, Scapbookng evert pl Fong- dirvu(am2rtnraderoas org. support volunteers. 1275 Old American Red Cross, North Drunk.Vero Beam 3525 M away Treasure Coast Chapter R d Tom Pierce. 3814 S E Dale Prepares oes< disaster response, Hgnway SPla'I.(772) 5675700 c l paEl S.Lucia lrldan gR graves k"Gr angecashe. Dog. River count e . (7) 552 2549 C rdh ad Litem/ 1721 7077, tc record. Aq Guard l ns For New Futures: g yand Girls Clubs volunteer gKoardians to advise of Martin County Club hhtl GIB. S the _ourt5 opt 9[S, handyman t I- i a g p idea Indian Rever, St rt projects- (172) 5451255. Wide, Martin Okeechobee. (772) Ellsourti.. Se Gorpa of 785 5804 gftR4ki 1 org. the Treasure Coast Work Hop Closet 4 Children: Win noncmlrt at nu -n Mar V H to to sort nang ClolMng S, . Wcie Okeechobee dal Riverases hems. Weeresdeys A courgies Resun ova letter - try of Grace Way Village , 1780 chodner,!marmovolEmsers.org; H rtrre Road Fort Pierce. (772) (772) 22d472, 9253074 sort 2: Necescipset@' Ned A New)BA PAINT-) Ike bow O dRDI for,�Dlld Q AUTO PAINT Madline a MaM LMeb , , -95_ sFn MmM 3 cons Paint. 2 cwh been \ '.Vrf�9 3 Yr, Whhest,. 1 Yr. fade L Ned- rr�� 465.0 73 a �N ,�rroU ] rt 539 S. 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A M E N D N G'. def H 1;DE 1-I B SB 1261CIi.14 OF p Me Gty'.. e, Iord,seM'. AMPHITHEATER SEC TIpN P.30, o-VINCENT BOEK- w e- THE ZONING CODE Char e�and FI E einanrs NN,lRd: EVENTS: REPEAL FEES TO PROVIDE'', H O U' woo. TC AL LCW' A SIn ,1 ING ORDINANCES. P 0 F A 5 k dress': 196 eSwa L Doti I v r PHARMACY DRIVE Mpndaya, May 17�,'. AN ORDINANCE- OP PARTS OF OR. INCREASE IN BUSS-�. BRALANE PORT ST. Be..... i1 any. h, 1 THROUGH IN THE 2010. en on Mon :. OF THE CITY COM OINANCES IN NESS TAX EDCI1, FL 14.4 on: o n MARK MATHE- CG GENERA VIV ). 2010.11 MISSION DF THE- CONFLICT HERE FOR BUSINESSES, u• Deiore !one ].: N ozx etleress CO MM FRCIALI one CITY 0 OPT WITH, PROVIDING PROFESSIONS, OR 20.0 1 SE STARF- ZONING DISTRICT. bee ne 6an PIERCE, FLORIDA;FOP AN EFFECTIVE OCCUPATIONS; M1 tin, LOWER E. POR' I, hold Pub b A. NOING CHAP DATE' REPEALING ALL. Perk Pr tM1s C­ e S_. CI AV 3 9W LEGAL DESCRIP- TER 9, ARTICLE %V''. ORD1N LACES OR 5 L C ko Jun. 3, ON T x . 'P' OF THE CODE OFINI intoMoc peril. PARTS THEREOF C 1,0 B 1. Z 7tl 'le tc chc Pla• ORDINANCES OF'. mayapple a IF,N CO N F'-1 CT P-er.e, FL ­9­1 w'SK. ne of Pu S: Lure THE CITY OF FORT". Publi< Xeerrnes H E R E M' 1 T h MRS, More service uerl of Ni. Coue. aI Sxaien. TIN 1, Three relon, I° he Dro AN EFFECTIVE,. m nely 1n Ceurl, P.O. Fp )00 Eook 15, Peg.. I -o DATE' 1 wd, wte F­ Plerce, FL a 1V N011CF{i NFEiY1611ADTNXIEEIgN Sold p sad"o All - P • 1 w be en E•954. eaf D gFHe rapill 11, the atl ea.' 0 Y 1 P or d 1 S'_ a le ble bo Nil, K pNd she. tn aadedmedinv I.-h Count' 11 ' a e. , Flolrea ue VOICE D R in) o1,Nh, N .no HEAR NG pedi he C' y he Fa Pet f - E B ck 232p 14 6 1n 11,11��e n ppuW n e C r' O1' C, % h p I d f l - P S. Lucie Sir - Floril111 bin Ohl OGty 1 Cr'Mev�r) S2o10 at R11. IOC No Pill-, Re Propoeed ore 'nclue ng o 1n�e et demanaea c c]a. T 1 0 N Pon A Luc e L N N ] F eD, an be era av e h pt h nr of s s• Por• s. t ,me Sou w d P abl F n he clan p1 ae c c- 9 k P E and S L Dee FIRIN. tl 5 for th m Al PERSON SEEK- l, In. I'll Clerks­1 Coue sotf ce d°cunenta 'r lhle PN, s1. i."P Soule el NkNev.FS mmmenM end ne d ING To APPEA_ OM C W, OD' Y d' arc )looen n he C�ynp�oVd rr9 for the zauantt THE OED SIGN OF N< n U Fon' h -I b4 A PLICANT: Bcos of ire GN 1 P 11, L - Fb.- R . THE CITY COMM S P e m F or ea upo reru 4 C. Oe,•Nuprtum, Inc ea Fadkt ee Revenue Bon S SION AS TO THE A N Y P E R S 0 N'Y C h C Ii ce. PILE NUMBEP. Pch, 9 Zo10�OiponHeahnandsuen U n FOREGOING IS AD- SEEKING TO AP: 4 1 G Th spy I VI RED THAT A RE PEA THE OECI� C IF ol,idlCep, NNWI N COFD or PBO SON or THE I- I- p C 1M1• us, , ­le K cpe CEEO NGS S RE- COMM SR ON AS old Ili l P El - IN Pled Sfi9.o00000 Hhe 5 20 0 I]UIPED IN ANY TO HE FOR EGG: fi No C C h C B9 Tne Series 201O Bon Pe i SUCH APPEAL INC S AGVIEED'AL S L 1' - C'r Clrane O Fre EforrmpMpose,t M h'. AND THAT SUCH THAT A RECDP.D P C-1 Amro, Fed n1 rwr cu t EMU end ere •rai bb°e ye, to Nov de a P E RICK O N MAY OF PROCEEDINGS' ec Family Law F°rm a a. Ili°�. m able 1 LI e Or6 : Henth a C Scrtnce Um-. eF. or Du•ic in- yy n Gene Tne NEED TO INSURE IS SUCH ' IN 9..1 F V 1 C - oneay ula Floiada Carp. I11.'Herro KF THAT A VERBATIM AN' THAT ASUCH p A r sI FlCr ea I. I rough r e the mxt of acpuisitinn gECORD OF PRO- ANG TH4T SUCH wil's4 m o•ine Dame LC.ir. Approv. h n • er n, the Sne (as described below) and the C E E D I N G S I S PERSON MAY W a ec Family Lee' Form 8:00 a me aptly:OC u'ppng °t. MADE INCLUDING NEED 10 INSURE Me-5,1 oeC eo.E 12.915.1 future P. m. INKIN-d per e��aPBLIRI eS.Ia ofi Nusre Idol . THE TESTIMONY THAT A VERBATIM'.'.V FPHING: Fu p. i" ihV le. -I pile m y ep e la«.��or,he; s e mr W rpoees pt •e bra V-1 ere onto: aoentif ra.earif, 1. AND EVIDENCE RECORD OF PRO'. 12.285. Florida iamu wHIIFR maikd m [ne the meaur,C enE be d op n d T 11 UPON WHICH THE CEEDINGS 1S' N P eon He a Ir N d n M M' APPEA5 IS TO BE MADE INCLUDING: d 11 F NR, lu N - - BASED. THE TESTIMONY d' WARNING: R I. No oy apt, .boon°,• Ibp non-'' ANC EVIDENCE a1 doC, 1s.Eo Fbr Ea Fem-. .cord by a cart- Feaaev,era Steele UPON WHICH THE d i L d Ir. I rt W Mca City CMrk APPEAL IS TO BE. wi be maee of the m h dp h BASED da ° o9d Na meauny. 9 I' u� 'pea 1 d .Pub Ian'. Mev 3, 2010 d O<u i Sly •ry pe+ b -I '1 A d 1211-3 1 C S t keg y - nh yseM tc I P B' e1n1'e. W cy CI pM '^P 1 see...,hms of N 6 LTV OF C.- :Ayr 212111 N p He ill I M 9 I tl n- FORT PIERCE FuW Y .JID tl g M1e ei T be al Ni the re NOTICE OF 2144]5?Ma CLERK OF THE E m e.1 ° r ling r Panel a 1.. mak- me" Vrulne 9eires zulO BnnCs anEulfil : PROPOSED CnCU TCWRT: st Renehele s r B a vertuiim Nkarc the serwz 2010 Bonds. Thu Probe,; le [° he NWNNI by Me Bo))Deal) an - EASED _. Deputy Clerk vi Pence e .CIEPH E SMITH m q upon wM1rch uetls of the C°rVen ELIC i C m 'MloFACM I' :May, ]. 10.. CLERK ppaa OF THE y a 1 to be Borr)o oared Dv 1n A en• is a Dan. a n[o bmweel. h L d i n C iX InCL T C1). 24. 2011 R UIT COURT. Fee— FI d COUP 0 T tgTH 1111121 B : a0 Noel k k, Ev Bcrrowae to ire C." JUCAo. UI' e , DF k. P nNN, N INNN, auan GPCIN The legal Ce -' he Site 1 n ANO FOP. IN HI CIRCUIT: Depaemem Rna ^u•eardw SAJ1- LUCIE COLS'. 0 5 THE 1HI. b ion. May 3, to. will DClaeiod la Eewnbetl as M..... Mali 1. COLKI JUC,ci,L GPCUIt,'. '7, N Tli Ruder. Mali 3. 2010 Ikwz 2 01 0 and o STATE OF FL FOR IN AND FOP, l 2142830 214}M5 A PARCEL OF LAND LYING IN SECTION Moa a �u Gaxo:'. SAINT LUgi' 15 TOWNS 3 SOUTH. P GE 3 EAST, EAST, IT. UCE COUNTY'FLORIDA. 2010a n -: led""o C`­ g. wn bee.. S'A'E OF FLORIDA c� AND BEING A PORTION OF PARCEL5 SOUTHERN GROVE PLAT NO A AR RECORDED IN P,AT BOOK 55 GES :an p d P 4 __ BOEKHOLIT Ise, N IKERGEDFMLE ei 9 s. lrd P m 1[ DP 5051N he )]�u]`' IFTHROUGH 23 OF THE PUBLIC RE COPDs, OF STI UCIE Cous.. FLY RI CA,AND BE 1 NG MORE PARTCU on N L XERNANDEZ '.MARK MA'HFNA pod Pesp derv. - Pedi one ill R . ee lseleehons, LAPLY DESCRIBED AS FOLLOWS e r p a anc aL<t - NOTI E DF ACTION' BIIANO fYNh GO ERLY COMMENCE A7 THE SOGI ,epFkkCe Sell smr� rl OlyC C .- FOR O-SOLI.T ON .SALVES A c� SAID 'DRNER OF PAPCF GF RAID P Ai SOUTHERN UPOVE P AT NO 4 THENCE NORTH 15 DEG 20' 31 WER y e , C h W OF MAgflWGE IF.Hrvnden I's AN,1 S 11, r l IN— Iid TC. NAYEL, HEPNAN' NOTICE OF ACTION E390 8 8be Sp Me L7tl 1.lalE 11111UU A DNG THE EASTERLY LINE 0 PAR CE h, OF SAD PLAT DISTANCE OF S 0 od11NNFe elite,: DEC FOP DSSOLJ'0l, 2 155.13 FEET TO THE PDIN' OF BEGIN NING THENCE CONTINUE NORTH 15 n m 1 B n effuI-L DEG 20 as. WEST A DISTANCE OF pemi•c EKO OMY SELF 9 Da FEET TO THE SOUTHERLY BOUNDARY OF OPEN SPACE TRACT t OF SAIDPI-AT, AND A NON -TANGENT A•ITi DFANEIN6 11D11CF•N$igN''I RDIRi DFN&TAIG TDRAG 273 SW' . B ckF S P.I. St N INTERSECTIOWI H A CURVE CON AVF TO THE NORTHWEST, HAVING A BEFORE THE BOARD a "n . FACE US 0 B DO FEET, A CHORD BEARNC O. NORTH DEG ° 5' OF COUNTY IK h .bra - Al. 5 p EAST AND A CHORD DISTANCE DF FEET THENCELANGLEOFNORTHEASTERLY THROUGH THRDUGH A CENTRAL ANGLE 02 COMMISSIONERS L H , -T M DEG he 5 A ARC DISTANCE Or B.eA FEET _TD A TA GENT LINE'. TNENCF NORTH 63 OEG a 39 E Si. 1 ST. LUCIE COUNTY, SF10 WTT K.", - A 0 A DISTANCE 0 58].2) FEET THENCE SOUTH 26 DEG 13 ' EAST. A DIS' FLORIDA L.Iul. - C B 1 TRUCE 0 C. FEET, THENCE Ap Voun6 8310 SOUTH 53 DE G 46' 3' WEST A DIS TANCE 0. T EN,I o DECEET; SOUTH IS E' ' EAST A ps 1 T NCE 0 H 3 FEET TD THE' PGHT NOTICE OF INTENT I RPSI a9a'I •'..� ' O TH LINE o A PROPOSED UP WAY LINE ALSO BEING A TRACT h II L'd P 0 AND DESCRIBED IN OF CI4 RE- CORDS BOO .3h AT PAGE 259 Or I d be - THE PU9L C REC°"OS DF RT LUCIE DVA No. 10-001 iv k by C IddA OUNT\ LOROA THENCE SOUTH DEG 27' WES ALONG SAID NORTH LINE, A DRTA CE ALOOF Bp , AIRPORT PARK OF ° • FEET' THENCE NDRT. 5 DEG 20 ] IS WEST, q DISTANCE 0 fi95 EET COMMERCE be vetl IN THENCE BOOTHS DEC 39 O A DISTANCE OF 112GI FlEl, TO THE - 9 g POINT OF BEGINNING . e4ce N he B 0, Sec OB.W i L ryB tC mCwn eINCRea 1 Sou'Fe Grove PM H. n 1 A' po R atl Oev pm LLC Ag known Almon Par Y - i poparry I h area of n 1., .2, Ile, eeg.°opnty. nI rage C ng the ",.I As of pmPced T x ad m . rtr Fln PR The W01 P­ I IN IN, hen' be he 5.. Lie - F Maed ,tow kl.. Skw The rya 1 addVRV of Me S : ef0 Cove - IL N M di0 Y00 Bo - h M1 osb he B DC z D cevery Way P­SE Lune. ` a4). 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Semen , i n,eamm. _y °n a9 9 perw n lee or ne pdRed Ba fI., PEAL ANY PERSON MADE TO AP PEA, AN DECISION,AT MADE IN THE CITY LOUNC AT iX5 HEARING, HE N."Ple HIT re.n beNN,'m IN, tl B ePl h 'me de M tl tl pm m h n pq I' ba d J h M 1 yp.rry M D ed 1y a e Iw 9tl n p INIKEDFRBHI6 1 NOTICE pUel HE G /W\ OR SHE W L, NEED A RECORD 0 w81 De A pa Y h APsedN bell b ME PROCEEDINGS ANO HE oR SHE MAY NEED TD INSURE THAT A VERHIA IM RECORD OF THE PROCEEDINGS ry e N tl h rrB ups L. 1 M1 CITY IOU C i^Hag ISMADE WHICH RECORD INCLUDES AND EVIDENCE THE TWHICH MN 'h h b tl rk ih ' ee rp M10 k SiL Lo ry Co nr Pik CITY O OP ,F CE p THE UPON WHICH THE A EA S TO BE D M n p D 2 4B2 5•E iW I 2 < B 4. toey 6 all fro D g' ,) 0 T] 9m 9. ll le S TN ncrt ed Ins 3E eay.1 May. _ d l `-FL, C 9m d + 80. BOARD OF N NTY COMMISS ONERS 0 20 0 m.rm ST. .JLTE COUNTY, FLORIOA C C - C r,•,.mo la CHA LES GRANDE, CHAIRMAN b. 9 Id B A, o Fee= N, PUWi.R Mav 3. 21H Pubiizh. "' a010 . 2- R.W. 2I.- P.1.PR!, L Blcvc.. r.n ra.n.r.eawr. r, BEFORE THE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA -NOTICE -OF INTENT DVA No. 10-001 AIRPORT PARK OF COMMERCE, Notice is hereby given that in accordance with Section 11.08.00 of the St. Lucie County Land Development Code, the St. Lucie County Board of.County Commissioners intends to review the pe- tition of Airport Road Development, LLC for the approval of a De- velopers Agreement regarding the project known as Airport Park of, Commerce. the Public Hearing on this matter will be held before the St. Ludle County Board of County Commissioners on June 15, 2010 at 6:00 p.m. or as soon thereafter as possible, in the Board of County Commission Chambers, Roger Poitras Administration Annex, 2300 Virginia Avenue, Ft. Pierce, Florida. Matters affecting your personal and property rights maybe heard and acted upon. All in- terested persons are invited to attend and be heard. Written com- ments received in advance of the public hearing will also be heard. Amendments to the petition may be made at the public hearing. The Airport Park of Commerce contains approximately 37.85 acres of land located on the south side of St. Lucie Boulevard, approxi- mately 1.5 miles east of Kings Highway. The owner, Airport Road Development, LLC intends to develop the property as a 32 lot in- dustrial subdivision to be known as Airport Park of Commerce. A complete legal description of the proposed Airport Park of Com- merce project is available at the offices of the Planning and Devel- opment Services Department - Planning Division, 2300 Virginia Avenue, Fort Pierce, FL 34982, during normal business hours. A copy of the draft Developer Agreement may be obtained from the office of the. Planning and Development Services Department, Planning Division, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, FL 34982, during normal business hours. If any person decides to appeal any decision made with respect to any matter considered at the meetings -or heairings of any board, committee, commission, agency, council, or advisory group, that person will need a record of the proceedings and that, for such purpose may need to ensure that a verbatim record of the pro- ceedings is made, which record should include the testimony and evidence upon which the appeal is based. Upon the request of any partyto the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Risk Mana erat (772) 462-1546 or TDD (7-72) 462-1428 at least forty- eight y;) hours prior to the meeting. This notice dated and executed this 4th day of June. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ CHARLES GRANDE, CHAIRMAN Publish: June 4, 2010 2153553 0 N TO: SUBMITTED BY: SUBJECT: ITEM NO. DATE: AGENDA REQUEST REGULAR PUBLIC HEARING - LEG. -- QUASI-JD CONSENT BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Kara Wood 11�e Planning & Development Services Department, Planning Manager Planning Division VI I-C 06/15/10 M M Village of Sunset Lakes — Amendment to the Official Zoning Atlas and Preliminary Planned Town or Village (PTV) site plan approval. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: November 19, 2009 — Planning and Zoning Commission continued the item to allow time for the applicant to revise the site plan. February 18, 2010 — Planning and Zoning Commission recommended approval. May 18, 2010 — Board of County Commissioners continued the item to June 15, 2010. RECOMMENDATION: Board adoption of Resolution No. 10-028, granting approval of an Amendment to the Official Zoning Atlas and the Preliminary Planned Town or Village (PTV) site plan, with limiting conditions, for the project known as Village of Sunset Lakes as outlined in the attached memorandum, and authorization for the Chairman to sign the resolution as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 4-1 (Comm. Grande voting no) Motion to approve with all Faye W. Outlaw, MPA conditions as stated and those contained in the staff report. County Administrator Coordination/Signatures County Attorney (X) County Surveyor ( X ) Daniel S. McIntyre County Engineer ( X ) Originating Dept. ( X ) M'r� Michael Powley l/ i!6— — Mark Satterlee /2.�/•� Ron Harris ERD (X) aren Smith Planning and Development Services Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning and Development Services Direct*lt�_ FROM: Kara Wood, Planning Manager, Planning Division 1 DATE: June 15, 2010 U SUBJECT: Village of Sunset Lakes — Amendment to the Official Zoning Atlas and Preliminary Planned Town or Village (PTV) site plan approval. ITEM NO. VII-C Background: The subject property is located at the northwest corner of Johnston Road and SFWMD Canal No. 25, just east of Interstate 95. This proposed Village in the Towns, Villages and Countryside (TVC) planning area is a mixed -use development with single-family units, both attached and detached, multi -family apartment units and 2,000 square feet of retail on 134.6 acres. The Future Land Use designation is TVC and the proposed density is 5.2 units per acre. This item was first presented to the Board on May 18, 2010. After public comment and Board discussion, the Board continued the public hearing to June 151h to allow time for staff to work with the applicant on requested revisions and conditions of approval. The applicant has submitted documents with the following revisions: 1) The buffer between the Village and the northern edge of the enclave parcel (not included in the Village) has been extended to include all three contiguous sides. 2) A new conceptual landscape plan has been prepared for the buffer. 3) The Village center has been redesigned to reflect: • five additional live/work units along Arcade Street, increasing the total from 10 to 15, • the elimination of eleven apartments, decreasing the total from 304 to 293, and • the addition of 10,000 square feet of office where there was previously no office space proposed. 4) The total number of residential units has been reduced from 700 to 697. 5) A pool and two civic buildings that will be hardened for hurricane protection have been added. In response to the proposed revisions from the applicant, staff suggests that three issues be addressed prior to final approval and included in the development order as conditions of approval: 1) The addition of 10,000 square feet of office use to the proposed development presents a problem because that development was not included in staff's review and was not reflected in the traffic study nor in the public notice that was provided for this hearing. While this proposed use may not be inconsistent with the TVC code and Comprehensive Plan, staff cannot support Village of Sunset Lakes June 15, 2010 Page 2 its inclusion without thorough review and proper public notice. The amount of development approved must be consistent with what was advertised for approval of the preliminary the development order. New Condition 19: Prior to Final PTV site plan approval, the applicant shall revise the site plan to remove the 10,000 square feet of office use. The proposed densities and intensities on the final site plan shall not be greater than that approved in the preliminary the development order. 2) The widths of the buffers adjacent to the enclave along Johnston Road are labeled differently in two places in the conceptual landscape plan that has been submitted. Dimensional and planting specifications are suggested in a condition of approval to clarify the design for this buffer area. Section 7.09.04.E establishes landscape buffer standards between single-family and multi -family residences, and these standards were used in drafting the proposed condition. The requirement for a fence within the buffer is consistent with these standards and is also what the residents have requested to achieve a visual and security barrier to the proposed development. New Condition 20: The project boundary adjacent to the 3 outparcels along Johnston Road shall be buffered with a minimum twenty (20) feet wide landscaped buffer along the northern, western, and southern boundaries. This buffer shall include an opaque fence at least eight (8) feet in height, be planted with a minimum of one (1) native tree per every thirty (30) linear feet and a continuous native hedge. All landscape trees shall be a minimum of 2.5 inches DBH (or diameter at breast height) and located such that at least 60 percent of the required trees be planted on the outparcel side of the proposed fence. 3) The applicant agreed at the first public hearing to address impacts of traffic from the proposed development on the intersection of Johnston Road and Indrio Road. A traffic signal has already been installed by FDOT, but improvements are necessary to facilitate the stacking of traffic approaching that intersection from the south. New Condition 21: Prior to issuance of any building permit, the applicant shall construct improvements to Johnston Road south of Indrio Road that provide sufficient distance for queuing of traffic for turning movements onto Indrio Road as determined by the County Engineer. Recommendation: Board adoption of Resolution No. 10-028, granting approval of an Amendment to the Official Zoning Atlas and the Preliminary Planned Town or Village (PTV) site plan, with limiting conditions, for the project known as Village of Sunset Lakes as outlined in this agenda memorandum, and authorization for the Chairman to sign the resolution as approved by the County Attorney. t0 COUNTY r L A t1 I T T ►! n 1 u r� --- Environmental Resources Department Agenda Item Companion Report TO: Board of County Commissioners `0 THROUGH: Karen L. Smith, Environmental Resources Department DirectoOA r FROM: Jennifer Evans, Senior Environmental Planner Amy Griffin, Environmental Regulation and Land Division Manager DATE: June 3, 2010 SUBJECT: Village at Sunset Lakes PTV — 820094001 Department Coordination Environmental Resources Department (ERD) worked closely with Growth Management, as well as other members of the Development Review Committee regarding this item. Fin in s ERD input has been included in the attached staff report. Recommendations ERD supports Growth Management's recommendation of approval with conditions as outlined in the attached resolution. - 1 - ENVIRONMENTAL RESOURCES - - DEPARTMENT COUNTY ` FINAL REPORT ADDENDUM TO: Kara Wood, Planning Manager THROUGH: Karen Smith Environmental Resources Department Director FROM: Jennifer Evans, Environmental Planning Coord'nator }' Amy Mott, Environmental Regulations Manag TJV DATE: June 2, 2010 SUBJECT: Village of Sunset Lakes Additional Conditions of Approval (PTV — 820094001) Conditions of Approval Environmental Resources Department (ERD) recommends the following additional condition of approval be added based upon the Board of County Commissioners meeting held on May 18, 2010 and additional information received June 2, 2010: 1) The project boundary adjacent to the 3 outparcels along Johnston Road shall be buffered with a minimum twenty (20) feet wide landscaped buffer along the northern, western, and southern boundaries. This buffer shall include an opaque fence at least eight (8) feet in height, be planted with a minimum of one (1) native tree per every thirty (30) linear feet and a continuous native hedge. All landscape trees shall be a minimum of 2.5 inches DBH (or diameter at breast height) and located such that at least 60 percent of the required trees be planted on the outparcel side of the proposed fence. Please contact Jennifer Evans (Environmental Planning Coordinator - TVC) at 772-462- 3862 if you have any questions. 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 RESOLUTION NO. 10-028 FILE NO.: PTV 820094001 A RESOLUTION GRANTING AN AMENDMENT TO THE OFFICIAL ZONING ATILAS_.AND—PRELIMINARY PLANNED TOWN OR_ VILLAGE_ SITE PLAN APPROVAL FOR A 134.6 ACRE (MORE OR LESS) PARCEL OF LAND LOCATED ON THE NORTHWEST CORNER OF JOHNSTON ROAD AND SFWMD CANAL NO. 25, WHICH WOULD PERMIT 396 SINGLE FAMILY DWELLING UNITS, 304 MULTI -FAMILY DWELLING U ITS AND 2000 SQUARE FEET OF RETAIL FOR THE PROJECT KNOW VILLAGE OF SUNSET LAKES, MAKING FINDINGS OF FACT TERMINING CONCLUSIONS OF LAW. WHEREAS, the Board of County Commissioners of testimony and evidence, including but not limited to determinations: Ricardo Munoz-Tebar of Sunset Lakes of� & Associates, agent, presented a petition fo (Agricultural — 1, 1 du/acre) Zoning District to the District and Preliminary Planned I n or Village known as Village of Sunset Lake .xed-use 700 dwelling units and 2,000 squar tai. on the northwest corner of Johnston d 2. On November Commission 3. 4 based on the the following grough Ramon s of Trias ern Zoning fr the AG-1 fined Town or Village) Zoning approval for the project to be of 134.6 acres consisting he property is located Planning and Zoning �d and mailed to all 10 days prior to the /Planning and Zoning Commission resumed fined Town or Village for Village of Sunset County Commissioners that the preliminary fie rd ofrCounty Commissioners of St. Lucie County, Florida, held w due public notice was published and mailed to all property ee the subject property at least 10 days prior to the hearing, on I Town or Village Site Plan and change in zoning for the project Sunset Lakes. After hearing and considering testimony on the ent order, the Board continued the public hearing to June 15, 2010. 5. On June 15, 2010, the Board of County Commissioners of St. Lucie County, Florida, resumed the public hearing on the Preliminary Planned Town or Village Site Plan and change in zoning for the project known as Village of Sunset Lakes, and heard and considered additional testimony on the proposed development order. File No.: PTV 820094001 6/9/2010 Draft Resolution 10-028.docx Page 1 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 FINDINGS OF FACT Based on the evidence presented and also based upon the inclusion of the conditions of approval as set forth below in this resolution, the Board of County Commissioners finds as follows: A. The proposed project is consistent with the goals, objectives and policies of the Future Land Use Element of the St. Lucie County Comprehensive Plan, and meets the technical requirements of the St. Lucie County Land Development Code. B. The proposed project will not have an undue adverse effe ' cent property, the character of the neighborhood, and other matters affe the public health, safety, and general welfare. C. All reasonable steps have been taken to minimi n dverse t on the proposed project on the immediate vicinity through build' n, site des ndscaping and screening. D. The proposed project is constructed, arr ng d op d so as not to erfere with the development and use of neighboring prope or nce with ap icable district regulations. NOW, THEREFORE, BE IT RESOLVED b hE County, Florida, having made the finding conclusions of law: A. Pursuant to on 11. of the St Preliminary la Town Village knc the site plan dra fo ct pr May ��L0 an e s WiceslWay 28, ns: F LAW mmissioners of St. Lucie re, makes the following cie County Land Development Code, the N lived illage of Sunset Lakes, as depicted on ed by Trias & Associates, last revised on by St. Lucie County Planning and is hereby approved subject to the following thin 90 days recei�ig final site plan approval, the applicant shall convey the red road rig f-way for Johnston Road. Manner and form of conveyance shall be ptable to a County Attorney. The sketch and legal description shall be prep y a FI a licensed surveyor and mapper. Pursuant to Chapter 7.05.03 of the St. ty Land Development Code, the applicant may be granted credits I ro pact fees. 2) Pursuant to Chapter 11.04 of the St. Lucie County Land Development Code, the applicant shall either construct or bond all required improvements prior to recordation of the final plat. If the applicant chooses to bond the required improvements, a Subdivision Improvement Agreement shall be required. The final plat shall not be recorded until the BOCC approves the Subdivision Improvement Agreement. A copy of the standard Agreement can be obtained by visiting the St. Lucie County Public Works Department website at: hftp://www.stlucieco.gov/public—works/index.htm. File No.: PTV 820094001 6/9/2010 Draft Resolution 10-028.docx Page 2 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 3) Prior to the issuance of a right-of-way permit, the applicant shall execute a Road Improvement Agreement with St. Lucie County and submit a surety for the proposed public improvements. The amount of surety shall be 115% of the engineer's estimate of probable cost. The amount of surety shall be approved by the County Engineer and the form of surety shall be approved by the County Attorney. A copy of the stan and "Agreement? can —fie —ob-tained by visiting the St. Lucie County Public Works Department website at: http://www.stlucieco.gov/public—works/index.htm. 4) Prior to the recording of the final plat, the County Surveyor shall verify that all required survey markers have been placed in accordant'j&th the requirements of Chapter 177, FS, Part I and the St. Lucie County L lopment Code. The applicant's surveyor shall notify the County Sury when all required survey markers have been set and flagged. 5) Prior to Final PTV site plan approval, the ap arl�shall a the eastern project boundary to avoid encroaching into tAe t-of-way lin ohnston Road. 6) Prior to Final PTV site plan approval,d acc easement wi ced on all lots that front Johnston Road. Pus s reserves the t to make additional comments or conditions at nsu the proper unctioning and maintenance of the proposed roadway networ 7) Prior to Final PTV site plan a pre-desig ti with the FPUA Water, Wastewater and Gas Engineer ent will be ed. 8) Prior to Final PTV site plan a ov h t shall demonstrate that the proposed flow be consist e th the re ements of the TVC and meet all requiremen t h Florida er Manag ment District, St. Lucie County and other re agen quirements. 9) Prior to Final i nroval the issuance of a Certificate of Capacity, th nt sh pY ncurrency management rules in effect at the TV val and s I enter into proportionate fair share agreements as warran e a nt will be required to contribute their proportionate fair share for imp to the Highway and Angle Road intersection, which at the e of Prelimi PTV roval is estimated to be $456,000. The applicant may .ve future r impact fee credit or fair share mitigation in accordance with aD le codes. 10) Prior to I site plan approval and the issuance of a Certificate of Capacity, the applic all revise the traffic study to include the following: a) only o TE land use for the calculation of daily AM and PM peak hour trips; b) an assessment of the impacts of project traffic on the intersection of Kings Highway and Orange Avenue and mitigation measures for these impacts; and c) a graphic depiction of the project's turning movement trips at all intersections in the study area. 11) Prior to Final PTV site plan approval and the issuance of a Certificate of Capacity, the applicant shall revise the traffic study to include a signal warrant analysis at the Johnston Road and Angle Road intersection incorporating traffic from approved development and build -out traffic. File No.: PTV 820094001 6/9/2010 Draft Resolution 10-028.docx Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 a) If the signalization is required, the developer shall design and construct the improvements in accordance to FDOT and County standards. Costs above those necessitated by the development may be recouped by the developer through an impact credit agreement with the County. b) If the signal is not warranted, the developer shall provide a non-refundable Fair are _ contribution-Uased on the project- traffic towards signalization improvements designed in accordance with FDOT and County standards. 12) When a special assessment district or similar funding mechanism is established for the construction of Johnston Road between Angle Road a drio Road, the owners of property within the Village of Sunset Lakes will be u to participate at a 100% owner participation rate in this funding effort. Prior to Final PTV site plan approv demonstrates how water for fire prot Adjustments to the preliminary site plan the St. Lucie County Fire District. 14) Prior to F application District. 15) Prior to Final PTV site plan ap the final Countryside Manage provided. iit a plan that ie project site. requirements of be required County Fire Code 3.01.03EE.2.o.7, igement Plan shall be 6val Per7br Exemption, the applicant shall accept le to Environmental Resources urchase and install all required landscaping, provements shown in the approved t can be obtained by visiting the St. Lucie cieco.org/erd/index.htm. Prior to iss of a tation Removal Permit or Exemption, the applicant shall have obtaine proTit nvironmental Resources Department with copies of required fe I and permits, including but not limited to a US Fish and 'fe Service S)ntal Take Permit and associated FWS-approved H Consery n Plan. If federal or state agency compliance requires mods n to t development plans, the applicant will promptly modify the plans and su o Lucie County for review and approval as required by the Land Developm ode. The applicant will not use the County's development approval to prevent co liance with any federal or state agency requirements. 18) Within 90 days of site plan approval or prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the applicant shall provide the required executed SLC (or SFWMD) conservation easement and the Environmental Resources Department approved Countryside Management Plan with an attached affidavit, and a cashier's check, payable to the Clerk of the Court for the appropriate recording fees, to the County Attorney for review and approval. A copy of the standard conservation easement document can be obtained by visiting the St. Lucie File No.: PTV 820094001 6/9/2010 Draft Resolution 10-028.docx Page 4 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 County Environmental Resources Department website at: http://www.stiucieco.org/Environmental Resources Department/index.htm. 19) Prior to Final PTV site plan approval, the applicant shall revise the site plan to remove the 10,000 square feet of office use. The uses on the final site plan shall be consistent with what is included in the development order for the preliminary approval. 20) The project boundary adjacent to the 3 outparcels buffered with a minimum twenty (20) feet wide lands western, and southern boundaries. This buffer shall eight (8) feet in height, be planted with a minimum thirty (30) linear feet and a continuous native hed minimum of 2.5 inches DBH (or diameter at bre least 60 percent of the required trees be n proposed fence. 21) Prior to issuance of any building per to Johnston Road south of Indrio Roc' traffic for turning movements onto Engineer. B. The property on which this described as follows: ALL THAT PART OF THE FOLL IN FLORIDA INTE5 RIGHT O THE SOUTAC A R (SW/a)OF THE S Q RTER (SESOUTHWEST E OF TF L N CT TO GEMENT DIINTENANCI 6 H 80 FE THE S 200 F GAS EAS TS% IE C appl and site along Johnston Road shall be cape ffer along the northern, incl a paque fence at least e (1) native tree per every dscape trees shall be a heig d located such that at on th tparcel side of the t shall constr ovements icient distanc r queuing of as etermined y the County I is being granted is LANDS LYING EAST OF D THE NORTHWEST QUARTER (NW '/4) W4D THE SOUTH HALF (S '/2) OF THE FSOUTHEAST QUARTER (SE '/4) ALL IN kNGE 39 EAST, SAID LANDS SITUATE, FLORIDA. ME ND RIGHTS OF SOUTH FLORIDA WATER ICTTAFORT PIERCE FARMS DRAINAGE DISTRICT FOR RT OF A CANAL SYSTEM OVER AND ACROSS (DESIGNATED AS CANAL NO. 20) AND APPROXIMATELY r (DESIGNATED AS CANAL NO. C-25), AND SUBJECT TO HOUSTON GAS AND OIL COMPANY. EXCEPTING 4PHERE FROM THE EAST 40 FEET THEREOF AND ALSO EXCEPTING THERE FROM: A TRACT OR PARCEL OF LAND LYING IN SECTION 34, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE COMMENCE AT THE SOUTHEAST CORNER OF SECTION 34; THENCE RUN WEST ALONG THE SOUTH LINE OF SAID SECTION A DISTANCE OF 1325.70 FEET TO A POINT BEING THE SOUTHEAST CORNER OF File No.: PTV 820094001 6/9/2010 Draft Resolution 10-028.docx Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION; THENCE NORTH A DISTANCE OF 2,364.55 FEET TO A POINT ON THE SAID EAST QUARTER (SE 1/4) LINE OF SAID SECTION; THENCE WEST AT AN ANGLE OF 89 DEGREES 58 MINUTES 20 SECONDS TO THE LEFT FROM SAID EAST QUARTER (E 1/4) LINE A DISTANCE OF 663.01 FEET TO A POINT OF AN ORANGE PLASTIC HUB STAMPED F7-C-1L DRIVEN FLUSH WITH THE GROUND AND TACKED, SAID POINT BEING THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING; THENCE RUN NORTH 89 DEGREES 06 MINUTES 26 SECONDS WEST, A DISTANCE OF 208.69 FEET TO A POINT OF AN ORANGE PLASTIC HUB STAMPED F7-C-1 M DRIVEN FLUSH WIT HE GROUND AND TACKED, THENCE NORTH 01 DEGREE 46 MINUTE ONDS EAST, A DISTANCE OF 208.72 FEET TO A POINT OF A RANGE PLASTIC HUB STAMPED F7-C-1N DRIVEN FLUSH WITH THE AND TACKED, SAID POINT ALSO BEING THE INTERSECT WITH THE TH T-OF-WAY LINE OF CANAL NO. 20; THENCE SOUTH 89 DEGREE 5 INUTE SECONDS EAST ALONG SAID SOUTH RIGHT-OF-WAY LIN ANCE OF 9 FEET TO A CONCRETE MONUMENT MARKED 205.2-FCD; THE SOUTH 01 DEGREE 16 MINUTES 59 SECONDS W DISTAkCE OF 208.64 O THE POINT OF BEGINNING. SAID PA C SIG ED AS TRA 102 OF EASTERN TEST RANGE RECONFIGURATIO AND SUBJECT TO AN EASEMI DESCRIBED HEREIN, MORE P A TRACT OR PARCEL OF LAND I RANGE 39 EAST, ST. LUCIE COU DESCRIBED AS ERNOWS: THAT PARCEL OF LAND TOWNSHIP 34 SOUTH, MORE PARTICULARLY FOR A POI REFqMNCE cOMKX CE AT THE SOUTHEAST CORNER OF SECTION CE R WEST ALO E SOUTH LINE OF SAID SECTION A DISTANCE OF 1 A POI BEING THE SOUTHEAST CORNER OF THE EST T THE SOUTHEAST QUARTER (SE 1/4) OF S HE ORTH A STANCE OF 2,364.55 FEET TO A POINT ON SAID EA AR 1/4 LINE OF SAID SECTION; THENCE WEST AT AN GLE OF 89 EES UTES 20 SECONDS TO THE LEFT FROM SAID QUARTER ) LIN DISTANCE OF 663.01 FEET TO A POINT OF AN OR PLASTIC B S MPED F7-C-1 L DRIVEN FLUSH WITH THE GROUND AND ED; THE E NORTH 01 DEGREE 16 MINUTES 59 SECONDS EAST A DISTAN F 208. FEET TO A CONCRETE MONUMENT MARKED R/W L205.2- FCD, WH O HE SOUTH RIGHT-OF-WAY OF CANAL NO. 20, SAID MONUMENT G THE POINT OF BEGINNING. FROM THE POINT OF BEGINNING THENCE SOUTH 89 DEGREES 05 MINUTES 50 SECONDS EAST ALONG THE SOUTH RIGHT-OF-WAY OF SAID CANAL NO. 20 A DISTANCE OF 620 FEET, MORE OR LESS, TO A POINT ON THE WESTERN RIGHT-OF-WAY OF JOHNSTON ROAD; THENCE SOUTHERLY ALONG THE WESTERN RIGHT-OF- WAY OF SAID JOHNSTON ROAD, A DISTANCE OF 50.0 FEET TO A POINT; THENCE NORTH 89 DEGREES 05 MINUTES 50 SECONDS WEST A DISTANCE OF 620 FEET, MORE OR LESS, TO A POINT ON A LINE WHICH BEARS SOUTH 01 DEGREE 16 MINUTES 59 SECONDS WEST FROM THE POINT OF BEGINNING; THENCE NORTH 01 DEGREE 16 MINUTES 59 SECONDS EAST A DISTANCE OF 50.0 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. SAID EASEMENT IS File No.: PTV 820094001 6/9/2010 Draft Resolution 10-028.docx Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 X E F G DESIGNATED AS TRACT 102E OF THE EASTERN TEST RANGE RECONFIGURATION. (Located on the northwest corner of Johnston Road and SFWMD Canal No. 25) The approvals and authorizatlons granted by this Resolution shall expire on June 15, 2012, unless a Final Planned Town or Village site plan approval is obtained for the uses described in Part A above, or an extension has been granted in accordance with Section 11.02.06(B), St. Lucie County Land Development Code. A copy of this Resolution shall be attached to the site plan described in Part A, which plan shall be placed on file with the St. ie County Planning and Development Services Director. The St. Lucie County Planning and Develo n Servic rector is hereby authorized and directed to cause the notati resolution made on the Official Zoning Atlas of St. Lucie County, FI a, and to make the no of reference to the date of adoption of this resolution. A copy of this Resolution shall be mailed, retXRecords uested, to The developer and agent of record as identified on the site pla This Resolution shall be recorded�ublic Lycie County. File No.: PTV 820094001 6/9/2010 Draft Resolution 10-028.docx Page 7 1 2 3 4 5 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 After motion and second, the vote on this resolution was as follows: Charles Grande, Chairman XXX Doug Coward, Vice -Chairman XXX Chris Craft, Commissioner XXX Chris Dzadovsky, Commissioner XXX Paula A. Lewis, Commissioner XXX PASSED AND DULY ADOPTED this 15th day of June, 201 ATTEST Deputy Clerk COUNTY COMMIS'. .UCIEVOUNTY, FL 94S TO FORM RECTNESS County Attorney PIS File No.: PTV 820094001 6/9/2010 Draft Resolution 10-028.docx Page 8 1 2 3 4 5 Exhibit A Map PTV-820094001 Sunset Lakes of St. Lucie, LLC zoning PUD ' PUD p •,. J . � NT�E.T,�. � GOtti':F�DR R.ayl'�TTrj AG1 v ' AG 1 AG I 1 . r rr i. L ♦ . _ �- r AG-1 `s AR-�i AC3 PU ` R � � Q= 1 CPI,' lei AG-1�fil, Qrf AG-1 JAG D ... RN! H 5 Subject property g-ic rc a u ac P'_ic aIan rtG U r D P rent N f � � t R?dh-E - 7esWtr is WOO.* IIMt %:P c iulc,ra Pt5t3F n':a' t ��b ; R> �esCt^tial Sirglt Fang h, i2�.-tart •mratr��� 500 ft. notification area � r''. C n m�rca H tg'+E�rrac� r r KA- File No.: PTV 820094001 6/9/2010 Draft Resolution 10-028.docx Page 9 AGENDA REQUESMT in • _- TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VII-D DATE: June 15, 2010 REGULAR [] PUBLIC HEARING [xx] CONSENT[] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Ordinance No. 10-021 - Pain Management Clinics BACKGROUND: See CA10-669 FUNDS AVAILABLE: PREVIOUS ACTION: Forwarded from Local Planning Agency on May 20, 2010, with recommendation for approval. First Board of County Commissioners hearing on June 1, 2010. RECOMMENDATION: Staff recommends approval of Ordinance No. 10-021. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: Daniel 5. McIntyre Originating Dept. Finance: (Check for copy only, if applicable) Faye W. Outlaw, MPA County Administrator Review and Approvals Management & Budget Purchasing: Public Works Dir: County Eng. Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO.: 10-669 DATE: June 15, 2010 SUBJECT: Ordinance No. 10-021 - Pain Management Clinics BACKGROUND: In the Spring of 2009, the State Attorney's Office for the 17' Judicial Circuit in Broward County, Florida, issued an interim report on "The Proliferation of Pain Clinics in South Florida" which established the following facts: (i) in 2008, an average of 13.5 deaths per day in Florida were attributed to prescription drugs; and (ii) pain clinics are migrating north from Broward County. St. Lucie County has recently been made aware by law enforcement and news reports that a pattern of illegal drug use and distribution has been associated with some pain management clinics in South Florida. Several counties and municipalities in South Florida have enacted restrictions on pain management clinics or have enacted moratoriums on new pain management clinics in their jurisdictions. Such restrictions or temporary bans could result in pain management clinics migrating to St. Lucie County. The threat of illegal narcotic activity and increased crime associated with such clinics is significant and could undermine the economic health of the County. County staff is currently analyzing the effects of pain management clinics in the County to determine whether it is necessary to adopt additional standards under the zoning and land development regulations in connection with the issuance of any development permits, business licenses, or approvals for the location of pain management clinics within the unincorporated St. Lucie County, Florida, analyzing new laws regarding pain management clinics enacted by the Florida Legislature, and preparing to make recommendations which will better promote the health, safety, and general welfare of the County. While staff is undergoing its analysis, and in order to prevent the occurrence during this period of uses which are incompatible with the intent of the zoning and land development regulations, staff requests that the Board establish a moratorium for nine months which would prevent the granting of development permits or approvals for pain management clinics in the unincorporated St. Lucie County, during this period. On May 20, 2010, the Local Planning Agency forwarded the Ordinance to the Board with a recommendation for approval and no recommended changes. On June 1, 2010, the Board had the first public hearing on this Ordinance. No changes were recommended. RECOMMENDATION/CONCLUSION: Staff recommends approval of Ordinance No. 10-021. Respectfully submitted, Heather Sperrazza Lue Assistant County Attorney Attachments ORDINANCE NO. 10-021 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA, DEFINING °PAIN MANAGEMENT CLINIC"; IMPOSING A MORATORIUM ON DEVELOPMENT PERMITS OR APPROVALS FOR PAIN MANAGEMENT CLINICS; PROVIDING AN EXPIRATION DATE; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. In the Spring of 2009, the State Attorney's Office for the 17th Judicial Circuit in Broward County, Florida, issued an interim report on "The Proliferation of Pain Clinics in South Florida" which established the following facts: (i) in 2008, an average of 13.5 deaths per day in Florida were attributed to prescription drugs; and (ii) pain clinics are migrating north from Broward County. 2. St. Lucie County has recently been made aware by law enforcement and news reports that a pattern of illegal drug use and distribution has been associated with some pain management clinics in South Florida. 3. News media such as the Miami Herald, the Sun -Sentinel, and the Palm Beach Post have published numerous articles in recent months describing the "pipeline" trafficking drugs from some South Florida pain management clinics to users from other states such as Kentucky, West Virginia, and Ohio. 4. Several counties and municipalities in South Florida have enacted restrictions on pain management clinics or have enacted moratoriums on new pain management clinics in their jurisdictions. Such restrictions or temporary bans could result in pain management clinics migrating to St. Lucie County. 5. The threat of illegal narcotic activity and increased crime associated with such clinics is significant and could undermine the economic health of the County. 6. County staff is directed to analyze the effects of pain management clinics in the County, to analyze the criteria for such additional standards under the zoning and land development regulations in connection with the issuance of any development permits, business licenses, or approvals for the location of pain management clinics within the unincorporated St. Lucie County, Florida, to analyze any new laws regarding pain management clinics enacted by the Florida Legislature, and to make recommendations which will better promote the health, safety, and general welfare of the County. 7. While staff is undergoing its analysis, and in order to prevent the occurrence during this period of uses which are incompatible with the intent of the zoning and land development regulations, it is necessary to establish a moratorium which prevents the granting of development permits or approvals for pain management clinics in the unincorporated St. Lucie County, during this period. 8. It is not the intent of this moratorium to interfere with legitimate medical clinics nor the legal use of controlled substances. 9. The Board of County Commissioners of St. Lucie County, Florida, finds and declares a need to temporarily suspend further issuance of permits or approvals for pain management clinics until such time that appropriate regulations can be adopted in order to best assess whether the County should review its zoning and land development regulations in connection with pain management clinics. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. DEFINITION "Pain Management Clinic" means a privately -owned clinic, facility, or office, which advertises in any medium for any type of pain -management services, or employs a physician who is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications, and is required to register with the Florida Department of Health pursuant to Section 458.309 or Section 459.005, Florida Statutes (2009). A physician is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications when the majority of patients seen are prescribed or dispensed controlled substance medications for the treatment of chronic nonmalignant pain. Chronic nonmalignant pain is pain unrelated to cancer which persists beyond the usual course of the disease of the injury that is the case of the pain for more than 90 days after surgery. PART B. DECLARATION OF MORATORIUM For the purposes set forth herein, it is in the best interest of the general public and there exists a need to declare a moratorium on the issuance of permits or approvals for pain management clinics in order for staff to examine and make recommendations to its County Commission as to the criteria to be considered by the County Commission for the establishment of pain management clinics. PART C. EXPIRATION This ordinance shall expire upon the earlier of the following: nine months from the effective date of this Ordinance, or upon the effective date of the. Land Development Code amendments dealing with pain management clinics to be considered by the Board of County Commissioners during this moratorium or upon a vote of the Board of County Commissioners to end the moratorium. PART D. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of 5t. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART E. 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 F. APPLICABILITY OF ORDINANCE - This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART G 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 H. EFFECTIVE DATE. This ordinance shall take effect immediately upon passage of this ordinance. PART I. ADOPTION. After motion and second, the vote on this ordinance was as follows: Charles Grande, Chairman Doug Coward, Vice Chairman Commissioner Chris Dzadovsky Commissioner Chris Craft Commissioner Paula Lewis PASSED AND DULY ENACTED this ATTEST: day of 2010. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA INTERIM REPORT OF THE BROWARD COUNTY GRAND JURY THE PROLIFERATION OF PAIN. CLINICS IN SOUTH FLORIDA SPRING TERM A.D. 2009 MICHAEL J. SATZ State Attorney NOVEMBER 19, 2009 I. INTRODUCTION Pill Mills are afflicting the health and welfare of the citizens of our community. Here in Broward County, Florida, Pill Mills have proliferated at an alarming rate. Your Grand Jury was empanelled to investigate and review why Pill Mills are proliferating in South Florida, what effect they are having on the community, how Broward County has become a major source of Oxycodone and what can be done to protect the public from the dangers that may be caused by Pill Mills. Your Grand Jury heard testimony from doctors who specialize in pain medicine, prescription drug abusers, addicts and their family members, local law enforcement personnel, state and federal law enforcement personnel from neighboring states including members of the Federal High Intensity Drug Trafficking Area (HIDTA) Task Force and investigators on the Appalachia High Intensity Drug Trafficking Area (HIDTA) Initiative for the South Florida -Kentucky Prescription Fraud Task Force, a representative of the Florida Department of Health's Office of Drug Control .responsible for coordinating the State's Prescription Drug Monitoring Program, an elected representative of the Florida State House of Representatives responsible for the State's Prescription Drug Monitoring Program, local officials responsible for initiating local ordinances to regulate pain clinics, a physician appointed to the Florida Board of Medicine, a veteran prosecutor in charge of a Drug Trafficking Unit that specializes in the prosecution of drug trafficking cases by prescription drugs, a member of the judiciary in charge of drug court from the State of Florida's Seventeenth Judicial Circuit, an elected public defender, an epidemiologist with the Center for the Study and Prevention of Substance Abuse at Nova Southeastern University, and a Lieutenant Governor of a neighboring state. 2 II. BACKGROUND After the tragedy of 9-11 in 2001, the United States of America secured its ports; the increased security effectively reduced the quantity of illegal drugs imported into the United States. According to law enforcement who testified before your Grand Jury, as a result of the dwindling supply and inaccessibility of illegal drugs entering the United States through South Florida, many traffickers, dealers and users shifted their efforts from acquiring illegal drugs to the diversion of legal prescription drugs to illegal uses. Beginning in 2002, and continuing for the next seven years, the Florida Legislature failed, in spite of repeated bills brought before it, to enact legislation to implement a Prescription Drug Monitoring Program (PDMP). A Prescription Drug Monitoring Program provides an electronic database from which doctors, pharmacists and law enforcement officers can track the dispensation of prescription drugs to patients. In early 2009, thirty eight (38) states had enacted legislation implementing a Prescription Drug Monitoring Program in their states. Thirty two (32) of the states' Prescription Drug Monitoring Programs were in effect, while six were waiting to go online. Florida was the largest state without a Prescription Drug Monitoring Program and became a destination for traffickers, dealers and users seeking to illegally acquire prescription drugs. Without a Prescription Drug Monitoring Program in place, drug traffickers, dealers and users easily engage in illegal doctor shopping to acquire prescription drugs. They travel to multiple doctors several times a day, week or month in search of physicians who willingly prescribe and supply them prescription drugs. If ethical and conscientious doctors refuse to sell them drugs, they travel from pain clinic to pain clinic attempting to find an unscrupulous physician willing to supply them drugs. 3 Pain clinics that "treat patients for pain" by dispensing large quantities of controlled substance medication for non -medical purposes are referred to as Pill Mills. Not ali -pain clinics are Pill Mills; however, Pill Mills can be a doctor's office, pain clinic or health care facility. They differ from legitimate pain clinics that are associated with hospital facilities and legitimate pain medicine practices. Typically, they are rogue clinics putting pills out for cash. Patients seeking drugs, who go to pain clinics, engage in the "dance" with the doctor. The patients fake illnesses and complain of nonexistent pain. They produce altered MRI's or MRI's that do not show any injuries. Some clinic doctors will take cash for the initial visit, spend a few minutes with the patient for an "exam" and then prescribe a 30 day cocktail of various narcotics to the patient. Your Grand Jury heard testimony from law enforcement officials and addicts that the cocktail usually includes: 1) 150 to 240 30 milligram Roxicodone pills, which are Oxycodone; 2) 90 to 100 10 milligram Percocet pills which contain Oxycodone and Tylenol and is administered for breakthrough pain between the Roxicodone doses; 3) 350 milligram tablets of Soma, which is Carisoprodol and is a muscle relaxant; and 4) 2 milligram pills of Xanax, which is Alprazolam and is an anti -anxiety medication given to help patients with sleep disturbances. Through some doctors, the pain clinics dispense the cocktail or Oxycodone on site to the patient, for cash only. The patient then travels to another clinic to repeat the "dance." This routine allows traffickers, dealers and users to easily obtain enormous quantities of prescription drugs and allows some doctors, and some clinics that dispense drugs on site, to profit handsomely while plausibly denying any wrongdoing. 4 The number of pain clinics has skyrocketed in South Florida. From August 2008 to November 2009, a new pain clinic opened in Broward and Palm Beach counties on average every 3 days. Finally, in July 2009 Florida enacted legislation to implement a Prescription Drug Monitoring Program. The Prescription Drug Monitoring Program is to be operational beginning in December 2010. While supporters of the Prescription Drug Monitoring Program jubilantly hailed the long overdue enactment of the legislation, many questions are being raised as to whether the Program will ever be properly funded or effective as a deterrent to doctor shopping, as the legislation is presently written. Opponents of the legislation still raise questions regarding the constitutionality of the legislation; they claim that the legislation jeopardizes the privacy rights of innocent citizens.' See recommendations on pages 40-43 of this report that address these concerns. 1 Some opponents to the legislation object to the very idea that a database will be kept that contains their prescription drug history (although others point out that pharmacies already have that information in a database). If a patient takes his prescription to a pharmacy and submits the prescription to them for a drug, the information goes to a clearing house and if you are on Medicaid the information goes into a database. Other opponents object to the legislation because it allows law enforcement to have access to the database when law enforcement is conducting an active criminal investigation and requests the information from the manager of the database. They contend that law enforcement should have to establish the standard of probable cause (i.e., that they articulate that there is a reasonable suspicion of criminal activity) before being allowed access to the database of someone's prescription drug history. 5 M. THE RISE OF THE PAIN CLINICS AND THEIR EFFECTS A. The Proliferation of Pain Clinics In 2007 there were 4 pain clinics operating in Broward County. From those 4 pain clinics in Broward County the number swelled to 66 pain clinics operating in South Florida in 2008. From August 2008 to November 2009 the number of pain clinics opening and operating in South Florida exploded in number from 66 to 176, and the number of pain clinics opening and operating in Broward County increased from 47 to 115.2 Pain clinics, which dispense prescription drugs on site, dispensed almost 9 million dose units of Oxycodone in South Florida during the last six months of 2008. 6.5 million Dose units of the 9 million dose units were dispensed in Broward County alone.3 B. Broward Countv: the Source of Oxvcodone During the first six months of 2008, the top 25 dispensing doctors of Oxycodone in the nation were located in the State of Florida; 22 of the top 25 dispensing doctors of Oxycodone were in South Florida; and, 18 of the top 25 dispensing doctors of Oxycodone were located in Broward County, Florida.4 2 Information regarding the number of Pain Clinics provided by Law Enforcement Officers of the Broward Sheriff's Office Pharmaceutical Drug Diversion Unit. 3 Information regarding Dispensing Practitioners of Oxycodone obtained from Automation of Reports and Consolidated Orders System (ARCOS) by US Drug Enforcement Administration through the Broward Sheriffs Office and the Center for the Study and Prevention of Substance Abuse at Nova Southeastern University 4 Information regarding Dispensing Practitioners of Oxycodone obtained from Automation of Reports and Consolidated Orders System (ARCOS) by US Drug Enforcement Administration through the Broward Sheriff s Office and the Center for the Study and Prevention of Substance Abuse at Nova Southeastem University R Of the more than 1 million dispensing doctors registered with the Drug Enforcement Administration (DEA) almost 60,000 dispensing doctors (or 60/'0) are registered in the State of Florida.5 During the last six months of 2008, all 50 of the top 50 Oxycodone Units Dispensed January 2008 — June 2008 by top 25 dispensing doctors: 3,393,200 Broward 852,800 Palm Beach 393,900 Miami -Dade 126,990 Hillsborough 116,800 Manatee 5 Florida Statute 465.0276 provides the authority for practitioners to dispense drugs. It reads as follows: (1) A person may not dispense medicinal drugs unless licensed as a pharmacist or otherwise authorized under this chapter to do so, except that a practitioner authorized by law to prescribe drugs may dispense such drugs to her or his patients in the regular course of her or his practice in compliance with this section. (2) A practitioner who dispenses medicinal drugs for human consumption for fee or remuneration of any kind, whether direct or indirect, must: (a) Register with her or his professional licensing board as a dispensing practitioner and pay a fee not to exceed $100 at the time of such registration and upon each renewal of her or his license. Each appropriate board shall establish such fee by rule. (b) Comply with and be subject to all laws and rules applicable to pharmacists and pharmacies, including, but not limited to, this chapter and chapters 499 and 893 and all federal laws and federal regulations. (c) Before dispensing any drug, give the patient a written prescription and orally or in writing advise the patient that the prescription may be filled in the practitioner's office or at any pharmacy. (3) The department shall inspect any facility where a practitioner dispenses medicinal drugs pursuant to subsection (2) in the same manner and with the same frequency as it inspects pharmacies for the purpose of determining whether the practitioner is in compliance with all statutes and rules applicable to her or his dispensing practice. (4) The registration of any practitioner who has been found by her or his respective board to have dispensed medicinal drugs in violation of this chapter shall be subject to suspension or revocation. (5) A practitioner who confines her or his activities to the dispensing of complimentary packages of medicinal drugs to the practitioner's own patients in the regular course of her or his practice, without the payment of fee or remuneration of any kind, whether direct or indirect, and who herself or himself dispenses such drugs is not required to register pursuant to this section. The practitioner must dispense such drugs in the manufacturer's labeled package with the practitioner's name, patient's name, and date dispensed, or, if such drugs are not dispensed in the manufacturer's labeled package, they must be dispensed in a container which bears the following information: (a) Practitioner's name; dispensing doctors of Oxycodone in the nation were in the State of Florida; 45 of the top 50 dispensing doctors of Oxycodone were located in South Florida; and, 33 of the top 50 dispensing doctors of Oxycodone were located in Broward County, Florida.6 The most recent data available for the top 50 doctors dispensing Oxycodone reveals that from October 1, 2008 through March 31, 2009, 49 of the top 50 dispensing doctors of Oxycodone in the United States were in the State of Florida, 43 of the top 50 dispensing doctors of Oxycodone were in South Florida and 25 of the top dispensing doctors of Oxycodone were located in Broward County. (b) Patient's name; (c) Date dispensed; (d) Name and strength of drug; and (e) Directions for use. 6Information regarding Dispensing Practitioners of Oxycodone obtained from Automation of Reports and Consolidated Orders System (ARCOS) by US Drug Enforcement Administration through the Broward Sheriff's Office and the Center for the Study and Prevention of Substance Abuse at Nova Southeastern University Oxycodone Units Dispensed July 2008 — December 2008 by top 50 dispensing doctors: 6,584,200 Broward 1,809,400 Palm Beach 450:000 Miami -Dade 308,400 Pinellas 277,300 Hillsborough 220,400 Lake 111,200 Orange 109,760 Seminole 7 Information regarding Dispensing Practitioners of Oxycodone obtained from Automation of Reports and Consolidated Orders System (ARCOS) by US Drug Enforcement Administration through the Broward Sheriff's Office and the Center for the Study and Prevention of Substance Abuse at Nova Southeastern University Oxycodone Units Dispensed October 2008 —March 2009 by top 50 dispensing doctors: 5,233,785 Broward 2,368,430 Palm Beach 646,500 Miami -Dade 192,400 Pinellas 184,330 Hillsborough 169.200 Lake 8 The most recent data available for the top 100 doctors dispensing Oxycodone reveals that from October 1, 2008 through March 31, 2009, 48 of the top 100 dispensing doctors of Oxycodone in the United States were located in Broward County, Florida. Those 48 doctors dispensed 7,174,885 dose units during that six month period, or 53.8% of the total Oxycodone dose units dispensed by the top 100 dispensing doctors in the United States. The data for the most recent period from April 2009 to September 2009 has not yet been released and is not yet available. C. The Effects of prescription drugs and Oxvcodone throughout Florida and Broward Coup 1. Deaths from prescription drugs and Oxycodone The Florida Medical Examiners Commission reported that in 2006 there were 2,780 lethal dose reports of prescription drugs detected in deceased persons in the State of Florida or an average of more than 7 reported deaths per day. In 2007 the Florida Medical Examiners Commission reported that there were 3,317 lethal dose reports of prescription drugs detected in deceased persons in the State of Florida or an average of more than 9 reported deaths per day. In 2008 the Florida Medical Examiners Commission reported that there were 3,750 lethal dose reports of prescription drugs detected in deceased persons in the State of Florida or an average of more than 10 reported deaths per day. In 2008 there were an additional 6,286 reports where prescription drugs were detected in deceased persons that 164,686 Seminole 133,800 Orange 108,600 Lee 0 were not considered to be at a lethal dose level but may have been found in combination with other substances. The total of 10,036 prescription drugs detected was related to 4,924 deaths or an average of nearly 13 '/2 deaths per day in Florida during 2008. Oxycodone alone was detected in 1,574 deceased persons in Florida during 2008 and was determined to be a lethal dose level by medical examiners who considered it to be the cause of death in 942 of those cases. Across Florida, the number of reports detected among deceased persons for Oxycodone increased 26 percent in 2008. Reports related to the category of prescription opioids detected among deceased persons increased 8 percent in Florida in 2008 and increased 23 percent in Broward County in 2008. 2. Increases in crime and the costs of enforcing the laws. Your Grand Jury heard testimony from law enforcement officials that burglaries and robberies in the areas where the pain clinics are located have increased; drug trafficking in prescription drugs and street level sales of prescription drugs have increased; and, identity theft and organized criminal activities have increased. Your Grand Jury heard testimony from law enforcement officials how criminals rob pharmacists of Oxycodone and then ignore and leave cash behind; your Grand Jury also heard testimony where an addict described how offenders broke into his house and violently robbed him and his family at gunpoint to get his Oxycodone. The costs incurred by law enforcement to combat the crimes, the costs incurred by the judicial system to process the offenders, and the costs incurred by the Department of Corrections and the County to house the offenders have all increased. Testimony was presented to your Grand Jury, that drug trafficking in prescription drugs in Broward 10 County increased greatly. Testimony was presented to your Grand Jury, by the Circuit Court Judge in charge of the drug court for the Seventeenth Judicial Circuit that fifty percent �50%) of the 1600 active cases in Drug Court are individuals who are charged with the illegal possession of prescription drugs. 3. Increases in the use of prescription drugs, addictions and the costs of treatiniz patients, Several witnesses, including an epidemiologist with the Center for the Study and Prevention of Substance Abuse at Nova Southeastern University, testified to your Grand Jury that prescription drug abuse is an epidemic spreading across the nation, particularly in Florida, and more specifically in Broward County. As the use of cocaine has recently declined the non -medical illegal use of prescription opioids has dramatically increased. Reports show that drug use today is more dangerous, more addictive and more deadly than it was even just a decade ago. Prescription drug abuse leads to polysubstance abuse (people using more than one drug) and an increase in the consequences of deaths, medical emergencies and addiction treatments. The National Survey on Drug Use and Health conducted annually by the Substance Abuse Mental Health Services Administration estimates that in the last 30 days over 5 million Americans used non -medical prescription opioids or narcotic analgesics or pain relievers. In 2005, .11,300,000 Americans age 12 and above had used prescription pain medication in a non -medical use. In 2007, the number increased almost 50% to 16,280,000 Americans. One of the age groups that have shown the highest levels of prescription non -medical use has been young adults age 18 to 25. In 2007, 2,147,000 11 Americans were first time non -medical users of prescription pain medication. You can only be a first time user once in your life and those first time non -medical users of prescription pain medication numbered more than those first time users of marihuana (2,090,000), prescription tranquilizers (1,232,000), cocaine (906,000), Ecstasy, inhalants, and prescription stimulants (642,000). The DAWN system tracks reports of incidents of hospital emergency departments. According to the DAWN tracking system Broward County has the highest proportion of prescription drug and prescription opioid visits among 20 metropolitan areas in the country. Compared to Miami -Dade County, which has the highest reports for cocaine, Broward County has a much higher proportion of prescription medication reports from emergency departments for prescription opioids. In Broward County, 20% of the opioid emergency department reports were related to heroin while 80% were related to prescription opioids. In Miami -Dade County 73% of the opioid emergency department reports were for heroin and 27% were among the prescription opioids. This reverse pattern between two neighboring counties illustrates the difference that we have with the prescription drug problem even within South Florida. In tracking Florida Primary Treatment Admissions, prescription drugs have been the fastest rising number of treatment admissions in Florida, with a 150% increase between 2004 and 2008. The costs of treating the drug abusers' and drug addicts' addictions have increased. There are not enough government programs, treatment facilities and beds to handle the growing number of patients who need treatment for their addictions. In the past 5 years there has been a 30% decrease in the availability of community based 12 residential treatment facilities and programs in Broward County. This loss of residential programs is having an effect on the entire criminal justice system. The prognosis only gets bleaker as funding shrinks with the budget cuts imposed upon all government agencies. 4. Decreases in the quality of life With the increase in the number of pain clinics has come an increase in the number of overdose deaths involving the illegal use of prescription medications. And, with the increase in the number of pain clinics has come a decrease in the quality of life for the person who becomes addicted and for an ever increasing number of Floridians and Americans who lives are affected by a loved one who becomes addicted to prescription medication due to the ease of access provided by some pain clinics. 13 IV. THE OPERATIONS OF PAIN CLINICS A. DlsnenSM' g Controlled Substances Authority to prescribe and dispense controlled substances by a practitioner is found in Florida Statute 893.05(1). It states: "A practitioner, in good faith and in the course of his or her professional practice only, may prescribe, administer, dispense, mix, or otherwise prepare a controlled substance, or the practitioner may cause the same to be administered by a licensed nurse or an intern practitioner under his or her direction and supervision only." To administer is to provide a single dose treatment of a drug to a patient, such as an injection or oral dose. To prescribe is to author or write a prescription for a patient. The prescription is usually for an extended treatment (from days to a month). To dispense is to sell medications to a patient/customer such as a pharmacy does or a doctor licensed to dispense medications. At some pain clinics, doctors dispense drugs directly to patients without using a pharmacist. Pursuant to Florida Statute 467.0276(2)(3), the doctor need only pay the state a fee of S 100 and agree to submit to the same annual inspections required of pharmacists. However, pain clinics that dispense drugs on site are not held to the same standards of practice as pharmacies-8 Pharmacies are required to maintain their records for two years 8 Chapter 64B16-27 of the Florida Department of Health's regulations establishes Standards of Practice for Pharmacies dispensing Controlled Substances for the Treatment of Pain: (1) An order purporting to be a prescription that is not issued for a legitimate medical purpose is not a prescription and the pharmacist knowingly filling such a purported prescription shall be subject to penalties for violations of the law. 14 for inspection and copying by law enforcement officers.9 Pain Clinics are supposed to (2) The following criteria shall cause a pharmacist to question whether a prescription was issued for a legitimate medical purpose: (a) Frequent loss of controlled substance medications, (b) Only controlled substance medications are prescribed for a patient, (c) One person presents controlled substance prescriptions with different patient names, (d) Same or similar controlled substance medication is prescribed by two or more prescribers at same time, (e) Patient always pays cash and always insists on brand name products. 9 Florida Statute 893.07 regarding Records states: (1) Every person who engages in the manufacture, compounding, mixing, cultivating, growing, or by any other process producing or preparing, or in the dispensing, importation, or, as a wholesaler, distribution, of controlled substances shall: (a) On January 1, 1974, or as soon thereafter as any person first engages in such activity, and every second year thereafter, make a complete and accurate record of all stocks of controlled substances on hand. The inventory may be prepared on the regular physical inventory date which is nearest to, and does not vary by more than 6 months from, the biennial date that would otherwise apply. As additional substances are designated for control under this chapter, they shall be inventoried as provided for in this subsection. (b) On and after January 1, 1974, maintain, on a current basis, a complete and accurate record of each substance manufactured, received, sold, delivered, or otherwise disposed of by him or her, except that this subsection shall not require the maintenance of a perpetual inventory. Compliance with the provisions of federal law pertaining to the keeping of records of controlled substances shall be deemed a compliance with the requirements of this subsection. (2) The record of controlled substances received shall in every case show: (a) The date of receipt. (b) The name and address of the person from whorn received. (c) The kind and quantity of controlled substances received. (3) The record of all controlled substances sold, administered, dispensed, or otherwise disposed of shall show: (a) The date of selling, administering, or dispensing. (b) The correct name and address of the person to whom or for whose use, or the owner and species of animal for which, sold, administered, or dispensed. (c) The kind and quantity of controlled substances sold; administered, or dispensed. 15 also. Pharmacies are not allowed to advertise that they distribute narcotics.10 Pain clinics do advertise that they dispense narcotics." Many clinics are not owned by doctors. The (4) Every inventory or record required by this chapter, including prescription records, shall be maintained: (a) Separately from all other records of the registrant, or (b) Alternatively, in the case of Schedule III, IV, or V controlled substances, in such form that information required by this chapter is readily retrievable from the ordinary business records of the registrant. In either case, records shall be kept and made available for a period of at least 2 years for inspection and copying by law enforcement officers whose duty it is to enforce thelaws of this state relating to controlled substances. (5) Each person shall maintain a record which shall contain a detailed list of controlled substances lost, destroyed, or stolen, if any; the kind and quantity of such controlled substances; and the date of the discovering of such loss, destruction, or theft. "Florida Statute 465.024 prohibits promoting the sale of certain drugs. It states: (1) It is declared that the unrestricted use of certain controlled substances, causing abnormal reactions that may interfere with the user's physical reflexes and judgments, may create hazardous circumstances which may cause accidents to the user and to others, thereby affecting the public health, safety, and welfare. It is further declared to be in the public interest to limit the means of promoting the sale and use of these drugs. All provisions of this section shall be liberally construed to carry out these objectives and purposes. (2) No pharmacist, owner, or employee of a retail drug establishment shall use any communication media to promote or advertise the use or sale of any controlled substance appearing in any schedule in chapter 893. (3) This section shall not prohibit the advertising of any medicinal drugs, other than those controlled substances specified in chapter 893, or any patent or proprietary preparation, provided the advertising is not false, misleading, or deceptive. " Florida Statute 465.015 states: (3)(c) It is unlawful for a person, firm, or corporation that is not licensed or registered under this chapter to: 1. Use in a trade name, sign, letter, or advertisement any term, including "drug," "pharmacy," It drugs," "Rx," or "apothecary," which implies that the person, firm, or corporation is licensed or registered to practice pharmacy in this state. 2. Hold himself or herself out to others as a person, firm, or corporation licensed or registered to practice pharmacy in this state. (d) It is unlawful for a person who is not registered as a pharmacy technician under this chapter or who is not otherwise exempt from the requirement to register as a pharmacy technician, to perform the functions 16 doctors work as contractors for the owners. The owners may have little or no medical background. If the pain clinic is not physician owned, then it is unregulated by any state agency. There is no requirement that owners and employees undergo a criminal background check. The clinic is not regulated through the Florida Department of Health or the Florida Board of Medicine. The Department of Health regulates healthcare professionals and not facilities. The dispensing doctor's activity at the clinic can be regulated by the Board of Medicine, but the pain clinic is independent and not under scrutiny. The Agency for Health Care Administration oversees only the clinics that accept insurance. Therefore, nearly all Pill Mills take cash only. of a registered pharmacy technician, or hold himself or herself out to others as a person who is registered to perform the functions of a registered pharmacy technician in this state. 4) Any person who violates any provision of subsection (1) or subsection (3) commits amisdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who violates any provision of subsection (2) commits a felony of the third degree, punishable as provided in s. 775.0821, s. 775.083, or s. 775.084. 17 V. PAIN MEDICINE A. Backp-round Your Grand Jury heard testimony regarding the advent of the treatment of pain by specialists. Doctors testified that our bodies need to have pain. If we did not experience pain then our bodies would not know that there was something wrong with them. If we hurt our back or our leg and did not feel pain, then we would keep on hurting our back or leg. Pain is a symptom. Throughout our lives we experience pain and then we heal. In some people's lives they experience illness or injury that gives them pain, and even though they try to treat that illness or that problem, the pain does not go away. Someone who has an injury and has experienced multiple back surgeries because of the injury but still has pain has a chronic pain or intractable pain. People with an intractable pain have a disease. Pain medicine or pain management is the management of the disease process, either with medication, with physical modalities, with psychological or psychiatric modalities, with interventional management, with acupuncture or other modalities. A pain specialist treats someone with severe, chronic, unrelenting pain. B. Board Certification of Pain Specialists In 1993 the American Board of Anesthesiology created a specialty in pain medicine by creating a Certificate of Added Qualifications in Pain Management. The American Board of Physical Medicine and Rehabilitation and the American Board of Psychiatry and Neurology also accept that Board. To become board certified with a Certificate of Added Qualifications in Pain Management, you first have to be board certified in your specialty. 18 The American Board of Pain Medicine was then created. It is more interdisciplinary and bestows upon the successful specialist in pain medicine a Diplomate of American Board of Pain Management. Both of these Boards are recognized in the State of Florida by the Florida Board of Medicine. Prior to the establishment of the Boards the treatment of pain medicine was often haphazard and accomplished through a variety of doctors, neurologists, family physicians, and internists. C. The Treatment of Pain There are many legitimate pain medicine specialists who caringly treat patients who suffer from chronic pain. A pain medicine specialist described to your Grand Jury the typical treatment of a patient suffering from chronic pain. First, the doctor would examine the patient to ensure there were no neurological injuries. If a patient injured his neck in an automobile accident and had an acute injury, he was in pain because his neck got banged up in an automobile accident and it was in a spasm. That would be a symptom and it would be appropriate to give an opioid or pain killer to treat that symptom. However, a doctor would also want to treat the underlying problem. He would ask, "Why does the patient have this pain?" The patient's muscles may have gotten stretched or torn, or the ligament may have been pulled, or the patient may have a herniated disc. The doctor would want to diagnose the problem and prescribe the appropriate medication: an inflammatory medicine would be prescribed if the muscles or disc were inflamed or muscle relaxers would be given to treat a spasm when the muscle locked down. Also modalities such as heat, physical therapy, and stretching would be used. 19 If a patient had chronic intractable pain and other numerous ways of dealing with it had failed, then in an effort to make the person functional, the doctor would discuss therapy involving opioids. The patient would sign an informed consent form acknowledging the risks and pitfalls. The doctor would also ensure that the patient understood that the patient would probably develop physical dependence on the drug and experience side effects. D. Respected Specialists in Pain Medicine v Pill Mills Respected specialists in pain medicine also administer opioids to patients; however, they never administer opioids in the manner Pill Mills do. They have usually attempted other treatments and have carefully discussed with the patient the ramifications of using oploids. They also continue to treat their patients and monitor their patients' prognoses. Respected and legitimate pain medicine specialists abhor the Pill Mills that taint their profession and sully their reputations. At Pill Mills doctors write prescriptions and dispense controlled . substances allegedly treating pain; however, Pill Mills treat all patients who say that they have pain the same, whether they have pain or not, by prescribing and selling opioids to the patients. They do not treat pain or the symptom of pain. They are lucrative businesses accepting cash only. They do not require extensive screening and do not treat patients nor conduct follow-up examinations of the patients. They do not follow the authorized treatment for intractable pain outlined in the Florida Statutes.12 '` Florida Statute 45 8.3 26 Intractable pain; authorized treatment. 20 E. The user The average user of prescription drugs has changed in the last few years. Your Grand Jury heard testimony from law enforcement officials that a few years ago the mean demographic of the user was a white upper middleclass person from their late 30s to early 40s to their late 50s. The drug seeker started out with a legitimate medical injury that developed into a dependence upon and a tolerance to the drugs. Eventually, the user's original injury healed and when his physician refused to supply him additional drugs the user sought them anyway he could. Today, the average user is a white upper niiddleclass person, age 18-25. Typically today, the drug seeker started out seeking the drugs for recreational purposes as opposed to easing the pain of a legitimate medical injury. There are still many, many patients seeking drugs who developed dependence because they sought comfort from the pain of an injury. Anyone can become addicted to prescription drugs and Oxycodone, in particular. A parent with a nagging injury who suffers legitimate pain can become addicted to the drug as easily as a person who is just seeking a drug to obtain a high. Oxycodone is a powerful drug and does not discriminate against which user becomes an (1) For the purposes of this section, the term "intractable pain" means pain for which, in the generally accepted course of medical practice, the cause cannot be removed and otherwise treated. (2) Intractable pain must be diagnosed by a physician licensed under this chapter and qualified by experience to render such diagnosis. (3) Notwithstanding any other provision of law, a physician may prescribe or administer any controlled substance under Schedules H-V, as provided for in s. 893.03, to a person for the treatment of intractable pain, provided the physician does so in accordance with that level of care, skill, and treatment recognized by a reasonably prudent physician under similar conditions and circumstances. (4) Nothing in this section shall be construed to condone, authorize, or approve mercy killing or euthanasia, and no treatment authorized by this section may be used for such purpose. 21 addict. Narcotic pain medicines taken long enough and in high enough strensths, not only stop working, while escalating physical dependence, but make the user's pain worse. Hyperalgesia occurs when a user experiences extreme sensitivity to pain. Experts tell us that the treatment is to detoxify the user. However, as users and other experts testified, if the user is not willing to stop using the drugs then any treatment is doomed to failure. 22 VI. OXYCODONE A. Background Opium is a natural plant. From opium we get three major drugs: morphine, codeine and thebaine, all naturally occurring opiates. Opioids are synthetic and not naturally occurring. Oxycodone is an opioid. The drug works in the brain and spinal cord to reduce pain, create pain relief and analgesia. It also produces side effects, respiratory depression, sedation and constipation. It is a reward enhancing substance that has the potential for addiction. Drug manufacturer's brand name drugs Percodan, Percocet, Oxycontin and Roxicodone contain Oxycodone. Oxycodone is a schedule E controlled substance in the federal schedule registry, which means it has a high potential for abuse and a currently accepted but severely restricted medical use in treatment in the United States. It is not an illegal drug and can be prescribed by a physician; however, abuse of the substance may lead to severe psychological or physical dependence.13 13 One addict testified to the effect of Oxycodone upon hire, "It just made me feel more relaxed. I wasn't hyper and wound up and I feel, I felt that I could function on that drug more so than cocaine." He then described the withdrawals he experienced from Oxycodone to your Grand Jury, "You get terrible pains in your legs, and hot and cold flashes, really bad diarrhea, throwing up. You can't eat at all even though you're feeling better, `cause you just don't have an appetite at all.. It's really bad." Another addict testified, "I could not function without it [Oxycodone]. I had to have it every day." He then described the withdrawals: The first part of it would be you would start to get ill as in your stomach would hurt, you couldn't eat, you couldn't hold food down. You'd try to sleep at night, or I should say you would get cold sweats. It didn't matter what the temperature is, you feel Iike its 20 degrees outside and you're sweating bullets. And then from there you couldn't sleep at night. And that would go on for, different areas of those symptoms would go on for about a week or two. And then from there, I think a month after that, within the month, that first month of detox, I couldn't get a full night's worth of sleep. Your legs would kind of kick and flex and twit. I mean twitch around. He then described the side effects from the drugs upon him: It's a synthetic Heroin, so it would have the same effects that Heroin would have on you, things, you can use it all the same way as you can use Heroin, it has on it. You know. It would horribly 23 B. Types of Drugs There are three types of drugs: controlled substances, non -controlled substances and over the counter drugs. Controlled substances are regulated by the Drug Enforcement Administration (DEA) and fall into 5 schedules. They are enumerated in Florida Statute 893.03.14 constipate you for weeks, it would make you not be able to sleep fully. Those were some of the effects. After that, you know, the long term effects, I know I never had to wear glasses before, but you know I came to thinking about it, and after I had detoxed and I had gotteA out of jail, I find later that my vision seemed to be awful bad. I don't know if it has any correlation to it, but I mean I go to think about it and, you know, my eyes are, you know, dilated every single, day for two years, it can't be good for you, from taking the medication. So there after that I had to get glasses. And my memory had gone and it slowly seems to be coming back. I mean I can remember, I can stay awake through a movie or anything like that. I couldn't do that before. Fall asleep, have a cigarette in my hand, bum holes in my pants. It was horrible. I'd just nod off. Driving trying to rub my eyes to stay awake even though it's in the middle of the day. 14 Florida Statute 893.03, Standards and Controlled Substances a. Schedule I: A substance in Schedule I has a high potential for abuse and has no currently accepted medical use in treatment in the United States and in its use under medical supervision does not meet accepted safety standards. Examples of Schedule I controlled substances include Heroin and LSD. b. Schedule II: A substance in Schedule II has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States, and abuse of the substance may lead to severe psychological or physical dependence. Examples of Schedule II controlled substances include Raw opium, codeine, hydrocodone, hydromorphone, morphine, and cocaine. As we previously mentioned, Oxycodone is a Schedule R controlled substance. c. Schedule III: A substance in Schedule III has a potential for abuse less than the substances contained in Schedules I and II and has a currently accepted medical use in treatment in the United States, and abuse of the substance may lead to moderate to low physical dependence or high psychological dependence or, in the case of anabolic steroids, may lead to physical damage. Examples of Schedule III controlled substances include diet drugs, barbituric acid, lysergic acid and anabolic steroids. d. Schedule N: A substance in Schedule IV has a low potential for abuse relative to the substances in Schedule III and has a currently accepted medical use in treatment in the United States, and abuse of the substance may lead to limited physical or psychological dependence relative to the substances in Schedule M. Examples of Schedule IV controlled substances include Benzodiazepines such as Xanax and Valium, alprazolam, diazepam, prazepam, and Phenobarbital. e. Schedule V: A substance, compound, mixture, or preparation of a substance in Schedule V has a low potential for abuse relative to the substances in Schedule IV and has a currently accepted medical use in treatment in the United States, and abuse of such compound, mixture, or preparation may lead to limited physical or psychological dependence relative to the substances in Schedule IV. 24 Non -Controlled substances require a prescription to obtain but are not controlled. Examples of non -controlled substances include antibiotics, cholesterol medication, and Viagra. No prescription is needed for over-the-counter, medications. Examples include Robitussin, Tylenol and Sudafed. C. Doctor Shopping Florida Statute 893.13(6)(a.) makes it "unlawful for any person to be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or constructive possession of a controlled substance except as otherwise authorized by this chapter. Any person who violates this provision commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084." Florida Statute 893.13(7)(a)8 is referred to as the "doctor shopping" statute and governs the conduct of those seeking to obtain prescription drugs from multiple pain clinics multiple times. Violating it is a third degree felony. It states: "It is unlawful for any person ...[t)o withhold information from a practitioner from whom the person seeks to obtain a controlled substance or a prescription for a controlled substance that the person making the request has received a controlled substance or a prescription for a controlled substance of like therapeutic use from another practitioner within the previous 30 days." 25 Florida Statute 893.13(8)(a) governs the conduct of the doctors who dispense controlled substances in Florida.15 It prohibits prescribing physicians from assisting patients to obtain controlled substances through deceptive or fraudulent representations, Imowingly writing a prescription for a controlled substance for a fictitious person, or writing a prescription for a controlled substance for a patient if the sole purpose for the prescription is to provide a monetary benefit for the prescribing physician. D. Diversion Diversion is the illegal movement and illegal use of legal drugs. Law Enforcement is faced with thousands of traffickers, dealers and abusers seeking to illegally obtain legal prescription drugs and divert them to illegal uses. These individuals are local residents and travelers from out of state. They come to South Florida from 15 Florida Statute 893.13(8) states: (a) Notwithstanding subsection (9), a prescribing practitioner may not: 1. Knowingly assist a patient, other person, or the owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practice of the prescribing practitioner's professional practice; 2. Employ a trick or scheme in the practice of the prescribing practitioner's professional practice to assist a patient, other person, or the owner of an animal in obtaining a controlled substance; 3. Knowingly write a prescription for a controlled substance for a fictitious person; or 4. Write a prescription for a controlled substance for a patient, other person or an animal if the sole purpose of writing such prescription is to provide a monetary benefit to, or obtain a monetary benefit for, the prescribing practitioner. (Emphasis added). (b) If the prescribing practitioner wrote a prescription or multiple prescriptions for a controlled substance for the patient, other person, or animal for which there was no medical necessity, or which was in excess of what was medically necessary to treat the patient, other person, or animal, that fact does not give rise to any presumption that the prescribing practitioner violated subparagraph (a)1., but may be considered with other competent evidence in determining whether the prescribing practitioner knowingly assisted a patient, other person, or the owner of an animal to obtain a controlled substance in violation of subparagraph (a)1. (c) A person who violates paragraph (a) commits felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Mi Kentucky, illegally and legally obtaining Florida Identification cards, presenting fraudulent MRI records to doctors, faking injuries, lying about their symptoms and "doctor shopping" multiple times at rogue clinics that are willing to prescribe, dispense and sell them prescription drugs for cash. The patients then either sell their prescription drugs on the street to obtain cash to buy more prescription drugs, travel back to Kentucky to sell the prescription drugs on the streets there for a handsome profit or use their 30 day supply within a couple of days and then seek to obtain more drugs illegally. Enforcing the criminal statutes involving diversion trafficking and doctor shopping can be very difficult. The investigations involving doctor shopping are very labor and paper intensive and often take several weeks or months to investigate. There is usually not an immediate arrest as the investigations are time consuming and involve diligently obtaining prescriptions and documents from pharmacies or dispensing practitioners. However, the number of prescription drug trafficking cases being prosecuted in the Seventeenth Judicial Circuit has been increasing with a great many out of state offenders traveling to South Florida to obtain prescription drugs. Without a Prescription Drug Monitoring Program there is no database for which a dispensing doctor or pharmacist can look to determine if a patient is doctor shopping. Many doctors, in good faith; prescribe medications to patients who are lying to them. It is naive to think that a trafficker, dealer or user of prescription drugs is going to truthfully reveal to a doctor that he has just purchased 240 Oxycodone pills earlier that day from another doctor or clinic. As the statute is written we allow doctors to rely upon the word of an addict to truthfully reveal to a doctor that he has already obtained the maximum supply of pills he can obtain by statute for the month. 27 Good intentioned doctors who are interested in the care of the patient often see through the lies and refuse to prescribe prescription drugs to those who do not need them. The above statutes do not make these doctors' conduct criminal. Even if the doctor suspected that the patient was lying to him and still prescribed drugs to him, the doctor would not be criminally liable unless the sole purpose in writing the prescription was to obtain a monetary benefit for the doctor or the medication prescribed was in excess of what was medically necessary to treat the patient. The "dance" is created when a patient goes to a clinic seeking drugs. He takes an MRI, (fake, forged, showing injury or showing no injury — it does not matter), tells the doctor he has pain and describes some non-existent symptoms. An unscrupulous doctor, unaware or even aware that the patient has already obtained prescription drugs from several other clinics, may prescribe a cocktail of drugs to the patient and dispense them on site for cash. The doctor can plausibly deny that he knew that the patient was doctor shopping. There is no database to check. You can never prove that the doctor's sole purpose in prescribing the drugs was to make money, or that the prescription was not medically necessary. And, the doctor can claim that the patient produced an ]NM and described pain and injuries. Unless law enforcement officers follow the patient from clinic. to clinic, or stumble upon a patient with multiple prescription bottles on him, there is no available method to prove that he has been doctor shopping and violating the statute. Addicts presented testimony to your Grand Jury as to how they easily obtained prescription drugs from some pain clinics after their family physicians refused to provide drugs to them. They explained how they brought MRI's to pain clinics and lied about WS their pain. The MRI's did not show injuries that coincided with the pain they described to the doctors. The patients spent a few minutes with the doctors and the doctors then save the patients a prescription for a cocktail of drugs. The patients paid $150-$250 cash for the visit and anywhere from $200 to $ 800 for the drugs on site. E. The Oxvcodone Pipeline to and from Kentucky Your Grand Jury heard testimony regarding a prescription drug trafficking pipeline that exists between Kentucky and Florida. Since Kentucky is bordered by seven states, it is extremely difficult to enforce the drug laws in Kentucky. In the 1990's prescription medication abuse exploded in Kentucky. Oxycontin was being used, sold and diverted everywhere. Doctor shopping was rampant. Oxycodone became known in Kentucky as hillbilly heroin. In response to this dilemma, Kentucky, in 1999, enacted the KASPER system, the Kentucky All Scheduled Prescription Electronic Reporting system, a Prescription Drug Monitoring Program. It took a couple of years to implement the system and then it took a couple of more years of working to perfect the system so that it became effective. Initially, many doctors did not access the system. There was also a one month delay from when law enforcement requested information from the system to the time they obtained the information they requested. Today, the KASPER system has a one hour real time delay in receiving the information from the time it is imputed into the database. The KASPER system is one of the strictest Prescription Drug Monitoring Programs in the country and has effectively cut off all doctor shopping in Kentucky and become a model for many other states' programs. 29 In August 2005 the Federal Government passed the National All Scheduled Prescription Electronic Reporting Act (NASPER). The NASPER Act allowed and encouraged states to develop and set up prescription drug monitoring programs. It also provided extra funding for states that develop prescription drug monitoring programs that link up or network with other states. It was based on KASPER but was not funded by the Federal Government until recently. As a result of the KASPER system eliminating doctor shoppimgin Kentucky, Florida, and specifically Broward County, has become a destination for traffickers from Kentucky. They travel to Florida and illegally purchase drugs here and then transport them to Kentucky to sell there. Drug Traffickers from Kentucky sponsor carloads of patients to travel to the pain clinics in Broward County. For example, a sponsor who funds a carload of patients fronts the money for 5 to travel to Broward County. A manager holds the money for the 5 patients. The manager takes the 5 to a clinic, giving the patients the money prior to them entering the clinic. Each patient pays $150 to $250 cash for the doctor's visit. Each patient then receives a cocktail. As previously mentioned, the typical cocktail consists of Roxicodone, Percocet, Xanax and Soma. Roxicodone is Oxycodone in 30 milligram tablets with a street value of $1 per milligram per pill. Soma has a street value of $2 to $3 per pill. And, Xanax has a street value of $2 to $4 per pill. The manager takes the 5 to multiple clinics, then returns to Kentucky and sells the drugs for thousands of dollars. 30 F. Florida Trafficking Penalties for Oxycodone In the State of Florida pursuant to Florida State Statute 893.135(1)(c)l.a., if you knowingly sell, purchase, manufacture, deliver or bring into Florida, or you knowingly are in actual or constructive possession of 4 to 14 grams of Oxycodone, you are facing up to 30 years in Florida State Prison with a 3 year minimum mandatory prison sentence, and a $50,000.00 mandatory fine. In the State of Florida pursuant to Florida. State Statute 893.135(1)(c)l.b., if you knowingly sell, purchase, manufacture, deliver or bring into Florida, or you knowingly are in actual or constructive possession of 14 to 2 8 grams of Oxycodone, you are facing up to 30 years in Florida State Prison with a 15 year minimum mandatory prison sentence, and a $100,000.00 mandatory fine. And, in the State of Florida pursuant to Florida State Statute 893.135(1)(c)l.c., if you knowingly sell, purchase, manufacture, deliver or bring into Florida, or you knowingly are in actual or constructive possession of 28 grams or more, up to 30 kilograms of Oxycodone, you are facing up to 30 years in Florida State Prison with a 25 year minimum mandatory prison sentence, and a $ 500,000.00 fine. It takes approximately 33 pills of 30 milligram Oxycodone to make a gram. So, it would take approximately 132 Oxycodone pills to reach the 3 year minimum mandatory prison level, 462 Oxycodone pills to reach the 15 year minimum mandatory prison level and approximately 924 Oxycodone pills to reach the 25 year minimum mandatory prison level. 31 G. Enforcing the Laws Testimony was received how clinic parking lots are seen with cars bearing Kentucky plates, the occupants waiting for the clinics to open. As one witness testified before your Grand Jury, "If you've ever been to a pain clinic in Broward County recently, people who are waiting to get in the doors to see the doctors are wrapped around the buildings." Armed guards hired by the clinics patrol the lots while video cameras scan the lots. Without a Prescription Drug Monitoring Program law enforcement cannot successfully enforce the existing laws. By the time law enforcement initiates and completes a successful investigation leading to the arrest of. a doctor, user or dealer, several new clinics have opened. Doctor shopping is prevalent as there is no monitoring program. One law enforcement official testified to your Grand Jury, "We've made some incredible progress in the particular places that we're investigating, although I think we could spend the next 20 years investigating different clinics and different providers of the medication and there'd be ten more pop up if you take one out. The only way that there's going to be a change in the problem is the legislative change with the prescription drug monitoring system." Your Grand Jury heard testimony from several law enforcement sources regarding pending criminal investigations involving persons and organizations trafficking in prescription drugs. Additionally, your Grand Jury heard testimony regarding successful prosecutions of doctors and individuals who traffick in prescription drugs. Finally, your Grand Jury heard testimony regarding the law's potential harsh treatment of abusers who are caught with trafficking amounts of Oxycodone. No indictments are being issued by your Grand Jury as the focus of our inquiry has been upon the proliferation of the pain 32 clinics, and their substantial dangers to our communities. We do note that it was recently reported that over 300 individuals had been arrested in Kentucky for dealing in prescription drugs from South Florida. H. Local Communities' Solutions A couple of cities in Broward County have attempted to restrict the growing number of pain clinics in their cities by enacting ordinances to prohibit the location of pain management clinics that dispense narcotic drugs on site. On July 28, 2009, the City of Dania Beach, Florida enacted Ordinance No. 2009-009 that changed the city's zoning code regarding medical offices that offer on site dispensing of narcotic drugs. Under the ordinance future clinics are not allowed to open in areas marked for redevelopment and they will not be allowed to dispense medications on site. It also defined a Pain management clinic as a "type of medical office providing a variety of personal services by an on -site physician who is currently licensed by either the Florida Board of Medicine or Board of Osteopathic Medicine and his or her staff, which, individually or collectively, are intended to reduce or manage pain." On April 23, 2009, the City of Coconut Creek, Florida passed Ordinance No. 2009- 005 that established a moratorium on the submission, processing, or issuance of Business Tax Receipts for a period of one hundred fifty (150) days to provide the City staff with the necessary time to research the issues surrounding the dispensing of prescription drugs at various business locations within the City. After establishing a moratorium, the City of Coconut Creek, Florida passed Ordinance No. 2009-014 on September 10, 2009. The ordinance aimed to provide adequate protection to the community and establish the 33 legitimacy of Pain Clinic Facilities. It requires officials to scrutinize Special Land Use Applications pain clinics submit to the city, particularly those clinics that only accept cash and not medical insurance. It also regulates owners, employees and operators of pain clinics.' 6 16 Coconut Creek Ordinance No. 2009-014, Section 3 amended Article III Zoning Regulations, Division 8 Master Business List, Section 13-621 Master Business List, Pain Clinics (8)a.-j. to read as follows: (8) To provide adequate protection to the community and establish the legitimacy of the facility, the Special Land Use Application Submission for Pain Clinics, must, in addition to the criteria set forth in Section 23- 35, address the following: a. No business approved as a special land use under this secti on shall limit the form of payment for services or prescriptions to cash only. b. In the event the business applying for approval under this section does not accept insurance reimbursement, it must state the reason for such policy in its application and the failure of any business to accept insurance, Medicare or Medicaid reimbursements shall bee considered by the Planning and Zoning Board in making its decision as to the appropriateness of granting a special land use permit. c. The application for special land use shall disclose in detail the owners and operators of the facility, and shall be required to update the owner/operator information annually at the time of application for business tax receipts for the business, or at any time that there is a change of owner/operator. d. No business operating under a special land use permit under this section shall be owned, either in whole, or in part, or have any contractual relationship, whether through employment or by independent contract, with a physician who, within the five year period prior to the date of application for a special land use or at any time after application for a special land use under this section, has been denied the privilege of prescribing, dispensing, administering, supplying or selling any controlled substance or who has, within the five year period prior to the date of application for a special land use under this section or at any time after application for a special land use under this section, had any state Medical Board action taken against his or her medical license as a result of dependency on drugs or alcohol. e. The business shall be operated by a medical director who is a Florida licensed physician. f. The business shall not be owned in whole or in part by any person who has been convicted of or who has pied guilty or nolo contenders to any felony in this State or in any other state within the five year period prior to the date of application for a special land use. However, in no event shall the business be owned in whole or in part by any person who has been convicted of or who has pled guilty or nolo contendere at any time to an offense constituting a felony in this State or in any other state involving the prescribing, dispensing; supplying or selling of any controlled substance. g. The application for special land use shall include an affidavit by the medical director attesting to the fact that no employees of the facility have been convicted of a drug -related felony within the five year period to the date of application and that the business shall not employ any such convicted felons thereafter. h. Any business approved as a special land use under this section shall maintain the appropriate diagnostic equipment to diagnose and treat patients complaining of chronic pain. 34 The efforts the cities of Dania Beach and Coconut Creek have taken to regulate pain clinics in their cities are commendable. Their actions will certainly benefit their cities; however, their city ordinances only address the issue in their cities. If Dania Beach makes it difficult to open new clinics in Dania Beach, the clinics will open just north of Dania Beach in Fort Lauderdale or south of Dania Beach in Hollywood. If Coconut Creek requires pain clinics to accept insurance in order to operate in Coconut Creek, then the new clinics will open in the city of Margate next door to the city of Coconut Creek. The ordinances also do not affect the already established clinics that are grandfathered in. Those clinics will continue to operate as they have before. While the cities' efforts are admirable, a more universal approach is needed that globally addresses the dilemma in Florida. i. Any business seeking approval as a special land use under this section shall be required to file with its application a natural disaster management plan. j. Any business seeking approval as a special land use under this section shall be required to file with its application a floor plan showing the location and adequate security for protection of any controlled substance to be dispensed in the course of the business. 35 VII. PRESCRIPTION DRUG MONITORING PROGRAM A. Creates an Electronic Database While your Grand Jury was in session, the Florida Legislature passed legislation enacting a Prescription Drug Monitoring Program. On June 18, 2009, the Governor signed Senate Bill 440 and Senate Bill 462 into law, effective July 1, 2009. Section 1, Chapter 2009-197 created Florida Statute 893.0551. Section 1, Chapter 2009-198, Laws of Florida created Florida Statute 893.055. Section 2, Chapter 2009-198, Laws of Florida created the Program Implementation and Oversight Task Force within the Executive Office of the Governor. Section 3, Chapter 2009-198, Laws of Florida added subsections (4), (5), and (6) to section 458.309, Florida Statutes, giving the Florida Board of Medicine rulemaking authority over pain clinics. Section 4, Chapter 2009-198, Laws of Florida added subsections (3), (4), and (5) to section 459.005, Florida Statutes, giving the Florida Board of Osteopathic Medicine rulemaking authority over pain clinics. Under Florida Statute 893.055, the Florida Department of Health is responsible for designing and establishing a comprehensive electronic database system that has controlled substance prescriptions provided to it, by December 1, 2010. The law requires the Department of Health, in consultation with the Office of Drug Control, to adopt rules "concerning the reporting, accessing the database, evaluation, management, development, implementation, operation, security, and storage of information within the system." The new law requires the pharmacy dispensing the controlled substance and each prescriber who directly dispenses a controlled substance to submit to the electronic system specific detailed information for inclusion in the database. 36 B. Authorizes Boards to Develop Rules The law requires the Department of Health to work with the professional health care licensure boards, such as the Board of Medicine, the Board of Osteopathic Medicine, and the Board of Pharmacy; other appropriate organizations, such as the Florida Pharmacy Association, the Office of Drug Control, the Florida Medical Association, the Florida Retail Federation and the Florida Osteopathic Medical Association, including those relating to pain management; and the Attorney General, the Department of Law Enforcement, and the Agency for Health Care Administration to develop rules appropriate for the prescription drug monitoring program. Florida Statutes 458.309 and 459.005 now require pain clinics to register with the Department of Health and subjects the clinics to annual inspections. Florida Statute 458.309 allows the Board of Medicine to adopt rules setting forth standards of practice for physicians practicing in pain clinics and prescribing or dispensing controlled substance medications through pain clinics. The statute also allows the Board of Medicine to adopt rules relating to Facility operations, Physical operations, Infection control requirements, Health and safety requirements, Quality assurance requirements, Patient records, Training requirements for all facility health care practitioners who are not regulated by another board, Inspections and Data collection and reporting requirements. Florida Statute 459.005 allows the Board of Osteopathic Medicine to adopt rules setting forth standards of practice for physicians practicing in pain clinics and prescribing or dispensing controlled substance medications and similarly allows the Board of Osteopathic Medicine to adopt the same rules the Board of Medicine can adopt. 37 C. Fifteen (15) Day Reporting Requirement Each time a controlled substance is dispensed to an individual, the controlled substance shall be reported to the department through the system as soon thereafter as possible, but not more than 15 days after the date the controlled substance is dispensed unless an extension is approved by the department for cause as determined by rule. Any person who willfully and knowingly fails to report the dispensing of a controlled substance as required by this section commits a misdemeanor of the first degree. D. Access to the. Database A pharmacy, prescriber, or dispenser shall have access to information in the prescription drug monitoring program's database which relates to a patient of that pharmacy, prescriber, or dispenser in a manner established by the department as needed for the purpose of reviewing the patient's controlled substance prescription history. Other access to the program's database shall be limited to the program's manager. Law Enforcement does not have direct access to information in the prescription drug monitoring program database. Law Enforcement may request information from the program manager during active investigations regarding potential criminal activity, fraud, or theft regarding prescribed controlled substances. Prior to the information being released to Law Enforcement the program manager must verify that the request from Law Enforcement is authentic and authorized by the requesting entity. 38 E. Funding All costs incurred by the department in administering the prescription drug monitoring program shall be funded through federal grants or private funding applied for or received by the state. The department may not commit funds for the monitoring program without ensuring funding is available. The prescription drug monitoring program and the implementation thereof are contingent upon receipt of the nonstate funding. The department and state government shall cooperate with the direct -support organization established pursuant to subsection (1 1) in seeking federal grant funds, other nonstate grant funds, gifts, donations, or other private moneys for the department so long as the costs of doing so are not considered material. Subsection (11) provides that the Office of Drug Control, in coordination with the department, may establish a direct - support organization that has a board consisting of at least five members to provide assistance, funding, and promotional support for the activities authorized for the prescription drug monitoring program. F. Oversight Task Force Section 2, Chapter 2009-198, Laws of Florida created the Program Implementation and Oversight Task Force within the Executive Office of the Governor. The purpose of the task force is to monitor the implementation and safeguarding of the electronic system established for the prescription drug monitoring program under section 893.055, Florida Statutes, and to ensure privacy, protection of individual medication history, and the electronic system's appropriate use by physicians, dispensers, pharmacies, law enforcement agencies, and those authorized to request information from 39 the electronic system. The Office of Drug Control must submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives by December 1 of each year which contains a summary of the work of the task force during that year and the recommendations developed in accordance with the task force's purpose. The task force must provide a final report on July 1, 2012, to the Governor, the President of the Senate, and the Speaker of the House of Representatives. That task force will then expire unless the Legislature reenacts this section. 40 VIII. RECOMNMNDATIONS A. Prescription Drug Monitoring Program When your Grand Jury was empanelled there was no Prescription Drug Monitoring Program enacted in the State of Florida. For various reasons, for several years, the legislation had always failed to pass. It was obvious to your Grand Jury, from listening to the testimony presented, a Prescription Drug Monitoring Program was and is desperately needed in the State of Florida.17 The arguments against a Prescription Drug Monitoring Program simply are not valid when cornpared to the necessity for one.18 Halfway through your Grand Jury's term, a Prescription Drug Monitoring Program was enacted in Florida. Your Grand Jury applauds the Legislature for finally passing this important legislation and encourages the Legislature, the Department of Health and the Office of Drug Control to diligently and swiftly implement the system. Many witnesses who testified before your Grand Jury expressed concern that the system would not be adequately funded. As the legislation is currently written, the system is to be funded through federal grants or private funding. Although your Grand Jury has confidence that the direct support organization, which will be established by the Office of Drug Control, will assiduously endeavor to locate funding for the system, your Grand Jury considers funding the system to be of the utmost importance. 17 Even opponents of the legislation that was passed are concerned about the proliferation of pill mills and their effects upon the community. "We are struggling with this. And obviously there's a problem when a bunch of people that live in the mountains of Kentucky are driving to Fort Lauderdale to get prescriptions. Obviously there's something wrong here and it's got to be stopped. I think we all get that. The question is, do we take a bazooka and shoot a fly?" 's The opposition to the legislation was summed up as follows: "It is not our job to use government to protect the addicts from themselves. You know, when you hear that whole thing about activist judges and the role of government in people's lives, this is what we're talking about. Should we give up all of our privacy rights to protect an addict from themselves? I'm not giving up my rights. Because somebody out there has got a drug problem and because I want to protect him, therefore, I'm giving up my rights? I don't think that's right. I don't think that's fair." 41 (1) four Grand Jury recommends that the Prescription Drug Monitoring Program be swiftly implemented and adequately funded, by an_v means necessary; and, if the direct support organization cannot obtain the necessary federal grants or private funding to implement and run the system that the Legislature authorize the expenditure of state government money to fund the program.. Your Grand Jury heard testimony regarding other states' Prescription Drug Monitoring Programs' successes and failures. The Prescription Drug Monitoring Program enacted by the Florida Legislature allows the person who dispensed the controlled substance no more than 15 days after dispensing the controlled substance to report the data to the department through the system. Other states' experiences tell us that a 15 day period to report the information to the database is not going to be effective in stopping doctor shopping. Drug traffickers, dealers and users travel to numerous pain clinics in a single day. Sponsors from Kentucky can bring 5 people to Florida to purchase drugs, go to 5 different clinics, 5 days in a row and then bring 5 different individuals the next trip. Your Grand Jury was informed that Kentucky offered assistance to Florida with implementing our system; assistance that would allow the time period to be similar to Kentucky's. Your Grand Jury recognizes that it was important to get the Legislation enacting the Prescription Drug Monitoring Program passed and that concessions had to be made to accomplish this; however, since the system will not be operating for another year, the technology is certainly available and the political will attainable to reduce the time to report the data to the system. 42 (2) Your Grand Jury recommends that the Legislature change the statute's reporting requirement time from 15 days to a tune I that makes the program effective in eliminating doctor shopping. There is no requirement in the statute that dispensing doctors access the database to see if a patient has purchased drugs within the past 30 days. The law allows physicians to voluntarily access the database. While a doctor who has an established long term relationship with a patient may not need to access the database, as he is familiar with the patient, doctors at pain clinics who first meet a patient for a few moments and prescribe opioids to that patient, and every other patient, need to access the database. If they do not access the database, they will turn a blind eye to doctor shopping and continue to dispense opioids to traffickers, dealers and users who are doctor shopping. (3) Your Grand Jury recommends that the Florida Legislature, the Florida Board of Medicine and/or the Florida Board of Osteopathic Medicine require all doctors who work at pain clinics to access and view patients' databases prior to prescribing and dispensing medication to patients. The Professional Staff of the Health and Human Services Appropriations Committee noted in their analysis of the Florida Senate Bill that ultimately became Florida Statute 893.055, the goals of other states' "Prescription Drug Monitoring Programs are dependent on the mission of the state agency that operates the program or uses the data. Each state that has implemented a Prescription Drug Monitoring Program has its own set of goals for its program." One of the concerns opponents to the legislation 43 had to the Prescription Drug Monitoring Program was that Law Enforcement would have access to the database without probable cause and that this could violate a person's right to pnvacy.19 Law Enforcement does not have direct access to the information in the database. Law Enforcement may request information from the program manager during active investigations regarding potential criminal activity, fraud or theft regarding prescribed controlled substances. The Legislature recognized people's privacy concerns when it enacted the Prescription Drug Monitoring Program. Florida Statute 893.0551(5) makes it a third degree felony for any person who willfully and knowingly divulges information contained in the Prescription Drug Monitoring Program database in a manner that violates the statute. Additionally, the Program Implementation and Oversight Task Force is "to monitor the implementation and safeguarding of the electronic system established for the prescription drug monitoring program under section 893.055, Florida Statutes, and to ensure privacy, protection of individual medication history, and the electronic system's appropriate use by physicians, dispensers, pharmacies, law enforcement agencies, and those authorized to request information from the electronic system." It is interesting to note that pharmacy records are now readily available to law enforcement. 19 One respected legal scholar, an opponent of the legislation, testified "I can not be clear enough on this. This is the most dangerous legislation of the last 50 years. There is no legal standard that the police are held to." He cautioned, "If you just turn this over to law enforcement, I tell you, mark my words, five years from now the nightmare stories will be all over. And they won't be you reading about them in the papers. It will be your friends; it will be your children; it will be your spouses." He further predicted, "I assure you, this law will not withstand a constitutional attack in court. It just won't. You can't have law enforcement have access to your prescription history. It's blatantly illegal and irresponsible." A legislator who pushed for the enactment of the legislation testified that the constitutionality of the legislation was never an issue. 44 B. Pain Clinics actims as Pharmacies In less than 2 years the number of pain clinics in South Florida went from 4 to 176, unleashing 9 million dose units of Oxycodone in our community every 6 months. In February and March of 2009 there was even a shortage of Oxycodone in South Florida because the demand was so high. Supporters of pain clinics argue that pain clinics provide a necessary medical service to our community and that reforms must not inhibit their doctors who are treating patients with legitimate ailments. Opponents counter that pain clinics are unregulated facilities supplying prescription drugs to traffickers, dealers and users and are practicing profit making medicine rather than treating patients' ailments. Pain Clinics advertise the availability of prescription drugs and dispense prescription drugs to patients. It does not make any sense that a pain clinic that advertises and dispenses prescription drugs would be subjected to lesser standards of practice than a pharmacy. The new legislation now requires pain clinics to register with the Department of Health and subjects them to regulations by the Board of Medicine and Board of Osteopathic Medicine. However, until the Prescription Drug Monitoring Program is implemented, (4) Your Grand Jury recommends that prescription drugs be prohibited from being dispensed at pain clinics, unless there is no pharmacy within 10 miles of the pain clinic. (5) In the alternative to recommendation (4) Your Grand Jury recommends that a pain clinic be allowed to dispense only a 3 day supply of prescription drugs to patients instead of a 30 day supply. 45 (6) Your Grand Jury recommends that pain clinics be prohibited from advertising that they sell prescription drugs. Most Pain Clinics deal exclusively in cash. A few are now advertising that they accept credit cards. None accept medical insurance. Cash only clinics have the ability to avoid scrutiny by not engaging in business with insurance companies and they have the ability to hide proceeds more effectively. If pain clinics accepted medical insurance then the Department of Health could further regulate them, and ensure that they are not contributing to doctor shopping. (7) Your Grand Jury recommends that pain clinics be required to accept major medical insurance. C. The Regulation of Pain Clinics Prior to the enactment of this legislation the Florida Board of Medicine and the Florida Board of Osteopathic Medicine did not have the authority to regulate the pain clinics. They could regulate the doctors who worked at the pain clinics; however, a member of the Florida Board of Medicine testified that the Board could not initiate a complaint against a doctor without a specific complainant filing a complaint against a doctor. With the enacted legislation the Boards of Medicine will have the authority to adopt rules regulating the doctors and pain clinics. A panel of physicians, recently appointed to listen to suggestions and discuss potential regulations and solutions, is currently conducting public hearings regarding rules for pain clinics. Whether the Boards of Medicine will have the fortitude to regulate and discipline its members in this very lucrative field is another question. If the Board of Medicine and the Board of Osteopathic Medicine do not exercise their authority to aggressively regulate the doctors and pain clinics then the Prescription Drug Monitoring Program alone will lack the teeth to make an impact against doctor shopping. While your Grand Jury recognizes that the Board of Medicine and the Board of Osteopathic Medicine will earnestly address regulations impacting pain clinics and rules governing physicians who work at pain clinics, your Grand Jury implores the Legislature, the Board of Medicine and the Board of Osteopathic Medicine to consider the following: (8) Your Grand Jury recommends that the Legislature consider whether it is appropriate for nonphysicians to own pain clinics and whether owners of pain clinics should be physicians. (9) Your Grand Jury recommends that a Medical Director for a pain clinic be Board Certified in pain medicine. (10) Your Grand Jury recommends that only doctors Board Certified in Pain Medicine be allowed to dispense drugs from a pain clinic. (11) Your Grand Jury recommends that the Board of Medicine and the Board of Osteopathic Medicine establish minimum qualifications and training for physicians working at pain clinics. (12) Your Grand Jury recommends that background checks be undertaken of all owners, doctors and employees at pain clinics. (13) Your Grand Jury recommends that pain clinics not be owned in whole or part by a person who has been convicted of or who has pled guilty or nolo contendere to an offense that constitutes a felony. 47 (14) Your Grand Jury recommends that pain clinics not be owned, either in whole or in part, by or have an_y contractual relationship, whether through employment or by independent contract, with a physician who during the course of his practice has been denied the privilege of prescribing, dispensing, administering, supplying, or selling any controlled substance and who has, during the course of his practice, had board action taken against his medical license as a result of dependency on drugs or alcohol (15) Your Grand Jury recommends that pain clinics not be owned in whole or in part by a person who has been convicted of or who has pled guilty or polo contendere to an offense that constitutes a misdemeanor, the facts of which relate to the distribution or illegal prescription of any narcotic. D. The Treatment of Patients Throughout your Grand Jury's term, pain medicine specialists questioned how a physician at a pain clinic could medically treat so many patients and provide the appropriate follow up care to the patients. The answer they all opined was that the physicians at the pain clinics could not ethically treat that many patients at a time. (16) Your Grand Jury recommends that the Board of Medicine and Board of Osteopathic Medicine establish standards of care for doctors employed at pain clinics that limit the number of active patients a doctor can medically treat to 100 to ensure that all patients are receiving the proper care and follow up care at the facility for their ailments. (77) Your Grand Jury recommends that pain clinics be allowed to treat only a certain small percentage of patients residing from out of state. 48 IX. CONCLUSION In the past 2 years the number of pain clinics in South Florida mushroomed from 4 to 176, dumping 9 million dose units of Oxycodone in our community every 6 months. Although the pain clinics originated in Broward County, they have spread north quickly throughout the rest of Florida, particularly in the major metropolitan areas. With the enactment of the Prescription Drug Monitoring Program and the legislation that provides the medical licensing boards with authority to regulate the pain clinics, there is hope that the legislation will effectively eliminate doctor shopping once the Prescription Drug Monitoring Program is iraplemented and the medical licensing boards set rules and standards of practice for the pain clinics and the doctors who work at the clinics. While obviously not all pain clinics are Pill Mills, Pill Mills are a true danger whose harms will be affecting our communities long into the future in ways unbeknownst to us. With the implementation of the Prescription Drug Monitoring Program, our community should see the eradication of Pill Mills and the further emergence of pain medicine that truly addresses patients' ailments. Finally, (18) Your Grand Jury recommends that a future Broward County Grand Jury he empanelled prior to the March 2012 Spring Term and prior to the Program Implementation and Oversight Task Force's presentation of its final report in July 2012, to review the status of Pill Mills in South Florida, the status and effectiveness of EEO the Prescription Drug Monitoring Program and the rules and regulations the Florida Board of Medicine and the Florida Board of Osteopathic Medicine enact to regulate the pain clinics. DATED this 19'' day of November. A.D., 2009 Lancea V. LeBlanc, Foreperson Broward County Grand Jury Spring Term, 2009 50 APPENDIX A Chapter 893 DRUG ABUSE PREVENTION AND CONTROL 893.0551 Public records exemption for the prescription drug monitoring program.-- (1) For purposes of this section, the term: (a) "Active investigation" has the same meaning as provided in s. 893.055. (b) "Dispenser" has the same meaning as provided in s. 893.055. (c) "Health care practitioner" or "practitioner" has the same meaning as provided in S. 893.055. (d) "Health care regulatory board" has the same meaning as provided in s. 893.055. (e) "Law enforcement agency" has the same meaning as provided in s. 893.055. (f) "Pharmacist" means any person licensed under chapter 465 to practice the profession of pharmacy. (g) "Pharmacy" has the same meaning as provided in s. 893.055. a (h) "Prescriber" has the same meaning as provided in s. 893.055. (2) The following information of a patient or patient's agent, a health care practitioner, a dispenser, an employee of the practitioner who is acting on behalf of and at the direction of the practitioner, a pharmacist, or a pharmacy that is contained in records held by the department under s. 893.055 is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution: (a) Name. (b) Address, (c) Telephone number. (d) Insurance plan number. (e) Government -issued identification number. (f) Provider number. (g) Drug Enforcement Administration number. 51 (h) Any other unique identifying information or number. (3) The department shall disclose such confidential and exempt information to the following entities after using a verification process to ensure the legitimacy of that person's or entity's request for the information: (a) The Attorney General and his or her designee when working on Medicaid fraud cases involving prescription drugs or when the Attorney General has initiated a review of specific identifiers of Medicaid fraud regarding prescription drugs. The Attorney General or his or her designee may disclose the confidential and exempt information received from the department to a criminal justice agency as defined in s. 119.011 as part of an active investigation that is specific to a violation of prescription drug abuse or prescription drug diversion law as it relates to controlled substances. The Attorney General's Medicaid fraud investigators may not have direct access to the department's database. (b) The department's relevant health care regulatory boards responsible for the licensure, regulation, or discipline of a practitioner, pharmacist, or other person who is authorized to prescribe, administer, or dispense controlled substances and who is involved in a specific controlled substances investigation for prescription drugs involving a designated person. The health care regulatory boards may request information from the department but may not have direct access to its database. The health care regulatory boards may provide such information to a law enforcement agency pursuant to ss. 456.066 and 456.073. (c) A law enforcement agency that has initiated an active investigation involving a specific violation of law regarding prescription drug abuse or diversion of prescribed controlled substances. The law enforcement agency may disclose the confidential and exempt information received from the department to a criminal justice agency as defined in s. 119.011 as part of an active investigation that is specific to a violation of prescription drug abuse or prescription drug diversion law as it relates to controlled substances. A law enforcement agency may request information from the department but may not have direct access to its database. (d) A health care practitioner who certifies that the information is necessary to provide medical treatment to a current patient in accordance with ss. 893.05 and 893.055. (e) A pharmacist who certifies that the requested information will be used to dispense controlled substances to a current patient in accordance with ss. 893.D4 and 893.055. (f) A patient or the legal guardian or designated health care surrogate for an incapacitated patient, if applicable, making a request as provided in s. 893.055(7)(c)4. (g) The patient's pharmacy, prescriber, or dispenser who certifies that the information is necessary to provide medical treatment to his or her current patient in accordance with s. 893.055. (4) Any agency or person who obtains such confidential and exempt information pursuant to this section must maintain the confidential and exempt status of that information. 52 (5) Any person who willfully and knowingly violates this section commits a felony of the third degree, punishable as provided in s. 775.092, s. 775.083, or s. 775.084. (6) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 20.14, unless reviewed and saved from repeal through reenactment by the Legislature. History.--s. 1, ch. 2009-197. 53 APPENDIX B Chapter 893 DRUG ABUSE PREVENTION AND CONTROL '893.055 Prescription drug monitoring program.-- (1) As used in this section, the term: (a) "Patient advisory report" or "advisory report" means information provided by the department in writing, or as determined by the department, to a prescriber, dispenser, pharmacy, or patient concerning the dispensing of controlled substances. All advisory reports are for informational purposes only and impose no obligations of any nature or any legal duty on a prescriber, dispenser, pharmacy, or patient. The patient advisory report shall be provided in accordance with s. 893.13(7)(a)8. The advisory reports issued by the department are not subject to discovery or introduction into evidence in any civil or administrative action against a prescriber, dispenser, pharmacy, or patient arising out of matters that are the subject of the report; and a person who participates in preparing, reviewing, issuing, or any other activity related to an advisory report may not be permitted or required to testify in any such civil action as to any findings, recommendations, evaluations, opinions, or other actions taken in connection with preparing, reviewing, or issuing such a report. (b) "Controlled substance" means a controlled substance listed in Schedule II, Schedule III, or Schedule IV in s. 893.03. (c) 'Dispenser" means a pharmacy, dispensing pharmacist, or dispensing health care practitioner. (d) "Health care practitioner" or "practitioner" means any practitioner who is subject to licensure or regulation by the department under chapter 458, chapter 459, chapter 461, chapter 462, chapter 464, chapter 465, or chapter 466. (e) Health care regulatory board" means any board for a practitioner or health care practitioner who is licensed or regulated by the department. (f) "Pharmacy" means any pharmacy that is subject to licensure or regulation by the department under chapter 465 and that dispenses or delivers a controlled substance to an individual or address in this state. (g) "Prescriber" means a prescribing physician, prescribing practitioner, or other prescribing health care practitioner. (h) "Active investigation" mans an investigation that is being conducted with a reasonable, good faith belief that it could lead to the filing of administrative, civil, or criminal proceedings, or that is ongoing and continuing and for which there is a reasonable, good faith 54 anticipation of securing an arrest or prosecution in the foreseeable future. (i) "Law enforcement agency" means the Department of Law Enforcement, a Florida sheriff s department, a Florida police department; or a law enforcement agency of the Federal Government which enforces the laws of this state or the United States relating to controlled substances, and which its agents and officers are empowered by law to conduct criminal investigations and make arrests. (2)(a) By December 1, 2010, the department shall design and establish a comprehensive electronic database system that has controlled substance prescriptions provided to it and that provides prescription information to a patient's health care practitioner and pharmacist who inform the department that they wish the patient advisory report provided to them. Otherwise, the patient advisory report will not be sent to the practitioner, pharmacy, or pharmacist. The system shall be designed to provide information regarding dispensed prescriptions of controlled substances and shall not infringe upon the legitimate prescribing or dispensing of a controlled substance by a prescriber or dispenser acting in good faith and in the course of professional practice. The system shall be consistent with standards of the American Society for Automation in Pharmacy (ASAP). The electronic system shall also comply with the Health Insurance Portability and Accountability Act (HIPAA) as it pertains to protected health information (PHI), electronic protected health information (EPHI), and all other relevant state and federal privacy and security laws and regulations. The department shall establish policies and procedures as appropriate regarding the reporting, accessing the database, evaluation, management, development, implementation, operation, storage, and security of information within the system. The reporting of prescribed controlled substances shall include a dispensing transaction with a dispenser pursuant to chapter 465 or through a dispensing transaction to an individual or address in this state with a pharmacy that is not located in this state but that is otherwise subject to the jurisdiction of this state as to that dispensing transaction. The reporting of patient advisory reports refers only to reports to patients, pharmacies, and practitioners. Separate reports that contain patient prescription history information and that are not patient advisory reports are provided to persons and entities as authorized in paragraphs (7)(b) and (c) and s. 893.0551. (b) The department, when the direct support organization receives at least $20,000 in nonstate moneys or the state receives at least $20,000 in federal grants for the prescription drug monitoring program, and in consultation with the Office of Drug Control, shall adopt rules as necessary concerning the reporting, accessing the database, evaluation, management, development, implementation, operation, security, and storage of information within the system, including rules for when patient advisory reports are provided to pharmacies and prescribers. The patient advisory report shall be provided in accordance with s. 893.13(7)(a)8. The department shall work with the professional health care licensure boards, such as the Board of Medicine, the Board of Osteopathic Medicine, and the Board of Pharmacy; other appropriate organizations, such as the Florida Pharmacy Association, the Office of Drug Control, the Florida Medical Association, the Florida Retail Federation, and the Florida Osteopathic Medical Association, including those relating to pain management; and the Attorney General, the Department of Law Enforcement, and the Agency for Health Care Administration to develop rules appropriate for the prescription drug monitoring 55 program. (c) All dispensers and prescribers subject to these reporting requirements shall be notified bv_ the department of the implementation date for such reporting requirements. (3) The pharmacy dispensing the controlled substance and each prescriber who directly dispenses a controlled substance shall submit to the electronic system, by a procedure and in a format established by the department and consistent with an ASAP -approved format, the following information for inclusion in the database: (a) The name of the prescribing practitioner, the practitioner's federal Drug Enforcement Administration registration number, the practitioner's National Provider Identification (NPI) or other appropriate identifier, and the date of the prescription. (b) The date the prescription was filled and the method of payment, such as cash by an individual, insurance coverage through a third party, or Medicaid payment. This paragraph does not authorize the department to include individual credit card numbers or other account numbers in the database. (c) The full name, address, and date of birth of the person for whom the prescription was written. (d) The name, national drug code, quantity, and strength of the controlled substance dispensed. (e) The full name, federal Drug Enforcement Administration registration number, and address of the pharmacy or other location from which the controlled substance was dispensed. If the controlled substance was dispensed by a practitioner other than a pharmacist, the practitioner's full name, federal Drug Enforcement Administration registration number, and address. (f) The name of the pharmacy or practitioner, other than a pharmacist, dispensing the controlled substance and the practitioner's National Provider Identification (NPI). (g) Other appropriate identifying information as determined by department rule. (4) Each time a controlled substance is dispensed to an individual, the controlled substance shall be reported to the department through the system as soon thereafter as possible, but not more than 15 days after the date the controlled substance is dispensed unless an extension is approved by the department for cause as determined by rule. A dispenser must meet the reporting requirements of this section by providing the required information concerning each controlled substance that it dispensed in a department -approved, secure methodology and format. Such approved formats may include, but are not limited to, submission via the Internet, on a disc, or by use of regular mail. (5) When the following acts of dispensing or administering occur, the following are exempt 56 from reporting under this section.for that specific act of dispensing or administration: (a) A health care practitioner when administering a controlled substance directly to a patient if the amount of the controlled substance is adequate to treat the patient during that particular treatment session. (b) A pharmacist or health care practitioner when administering a controlled substance to a patient or resident receiving care as a patient at a hospital, nursing home, ambulatory surgical center, hospice, or intermediate care facility for the developmentally disabled which is licensed in this state. (c) A practitioner when administering or dispensing a controlled substance in the health care system of the Department of Corrections. (d) A practitioner when administering a controlled substance in the emergency room of a licensed hospital. (e) A healthcare practitioner when administering or dispensing a controlled substance to a person under the age of 16. (f) A pharmacist or a dispensing practitioner when dispensing a one-time, 72-hour emergency resupply of a controlled substance to a patient. (6) The department may establish when to suspend and when to resume reporting information during a state -declared or nationally declared disaster. (7)(a) A practitioner or pharmacist who dispenses a controlled substance must submit the information required by this section in an electronic or other method in an ASAP format approved by rule of the department unless otherwise provided in this section. The cost to the dispenser in submitting the information required by this section may not be material or extraordinary. Costs not considered to be material or extraordinary include, but are not limited to, regular postage, electronic media, regular electronic mail, and facsimile charges. (b) A pharmacy, prescriber, or dispenser shall have access to information in the prescription drug monitoring program's database which relates to a patient of that pharmacy, prescriber, or dispenser in a manner established by the department as needed for the purpose of reviewing the patient's controlled substance prescription history. Other access to the program's database shall be limited to the program's manager and to the designated program and support staff, who may act only at the direction of the program manager or, in the absence of the program manager, as authorized. Access by the program manager or such designated staff is for prescription drug program management only or for management of the program's, database and its system in support of the requirements of this section and in furtherance of the prescription drug monitoring program. Confidential and exempt information in the database shall be released only as provided in paragraph (c) and s. 893.0551. 57 (c) The following entities shall not be allowed direct access to information in the prescription drug monitoring program database but may request from the program in and, when authorized by the program manager, the program manager's program and support staff, information that is confidential and exempt under s. 893.0551. Prior to release, the request shall be verified as authentic and authorized with the requesting organization by the program manager, the program manager's program and support staff, or as determined in rules by the department as being authentic and as having been authorized by the requesting entity: 1. The department or its relevant health care regulatory boards responsible for the licensure, regulation, or discipline of practitioners, pharmacists, or other persons who are authorized to prescribe, administer, or dispense controlled substances and who are involved in a specific controlled substance investigation involving a designated person for one or more prescribed controlled substances. 2. The Attorney General for Medicaid fraud cases involving prescribed controlled substances. 3. A law enforcement agency during active investigations regarding potential criminal activity, fraud, or theft regarding prescribed controlled substances. 4. A patient or the legal guardian or designated health care surrogate of an incapacitated patient as described in s. 893.0551 who, for the purpose of verifying the accuracy of the database information, submits a written and notarized request that includes the patient's full name, address, and date of birth, and includes the same information if the legal guardian or health care surrogate submits the request. The request shall be validated by the department to verify the identity of the patient and the legal guardian or health care surrogate, if the patient's legal guardian or health care surrogate is the requestor, Such verification is also required for any request to change a patient's prescription history or other information related to his or her information in the electronic database. Information in the database for the electronic prescription drug monitoring system is not discoverable or admissible in any civil or administrative action, except in an investigation and disciplinary proceeding by the department or the appropriate regulatory board. (d) The following entities shall not be allowed direct access to information in the prescription drug monitoring program database but may request from the program manager and, when authorized by the program manager, the program manager's program and support staff, information that contains no identifying information of any patient, physician, health care practitioner, prescriber, or dispenser and that is not confidential and exempt: 1 Department staff for the purpose of calculating performance measures pursuant to subsection (8). 2. The Program Implementation and Oversight Task Force for its reporting to the Governor, the President of the Senate, and the Speaker of the House of Representatives regarding the prescription drug monitoring program. This subparagraph expires July 1, 2012. (e) All transmissions of data required by this section must comply with relevant state and federal privacy and security laws and regulations. However, any authorized agency or person under s. 893.0551 receiving such information as allowed by s. 893.0551 may maintain the information received for up to 24 months before purging it from his or her records or maintain it for longer than 24 months if the information is pertinent to ongoing health care or an active law enforcement investigation or prosecution. (8) To assist in fulfilling program responsibilities, performance measures shall be reported annually to the Governor, the President of the Senate, and .the Speaker of the House of Representatives by the department each December 1, beginning in 2011. Data that does not contain patient, physician, health care practitioner, prescriber, or dispenser identifying information may be requested during the year by department employees so that the department may undertake public health care and safety initiatives that take advantage of observed trends. Performance measures may include, but are not limited to, efforts to achieve the following outcomes: (a) Reduction of the rate of inappropriate use of prescription drugs through department education and safety efforts. (b) Reduction of the quantity of pharmaceutical controlled substances obtained by individuals attempting to engage in fraud and deceit- (c) Increased coordination among partners participating in the prescription drug monitoring program. (d) Involvement of stakeholders in achieving improved patient health care and safety and reduction of prescription drug abuse and prescription drug diversion. (9) Any person who willfully and knowingly fails to report the dispensing of a controlled substance as required by this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (10) All costs incurred by the department in administering the prescription drug monitoring program shall be funded through federal grants or private funding applied for or received by the state. The department may not commit funds for the monitoring program without ensuring funding is available. The prescription drug monitoring program and the implementation thereof are contingent upon receipt of the nonstate funding. The department and state government shall cooperate with the direct -support organization established pursuant to subsection (11) in seeking federal grant funds, other nonstate grant funds, gifts, donations, or other private moneys for the department so long as the costs of doing so are not considered material. Nonmaterial costs for this purpose include, but are not limited to, the costs of mailing and personnel assigned to research or apply for a grant. Notwithstanding the exemptions to competitive -solicitation requirements under s. 287.057(5)(f), the department shall comply with the competitive -solicitation requirements under s. 287.057 for the 59 procurement of any goods or services required by this section. (11) The Office of Drug Control, in coordination with the department may establish a direct -support organization that has a board consisting of at least five members to provide assistance, funding, and promotional support for the activities authorized for the prescription drug monitoring program. (a) As used in this subsection, the term "direct -support organization" means an organization that is: 1. A Florida corporation not for profit incorporated under chapter 617, exempted from filing fees, and approved by the Department of State. 2. Organized and operated to conduct programs and activities; raise funds; request and receive grants, gifts, and bequests of money; acquire, receive, hold, and invest, in its own name, securities, funds, objects of value, or other property, either real or personal: and make expenditures or provide funding to or for the direct or indirect benefit of the department in the furtherance of the prescription drug monitoring program. (b) The direct -support organization is not considered a lobbying firm within the meaning of s. 11.045. (c) The director of the Office of Drug Control shall appoint a board of directors for the direct -support organization. The director may designate employees of the Office of Drug Control, state employees other than state employees from the department, and any other nonstate employees as appropriate, to serve on the board. Members of the board shall serve at the pleasure of the director of the Office of Drug Control. The director shall provide guidance to members of the board to ensure that moneys received by the direct -support organization are not received from inappropriate sources. Inappropriate sources include, but are not limited to, donors, grantors, persons, or organizations that may monetarily or substantively benefit from the purchase of goods or services by the department in furtherance of the prescription drug monitoring program. (d) The direct -support organization shall operate under written contract with the Office of Drug Control. The contract must, at a minimum, provide for: 1. Approval of the articles of incorporation and bylaws of the direct -support organization by the Office of Drug Control. 2. Submission of an annual budget for the approval of the Office of Drug Control. 3. Certification by the Office of Drug Control in consultation with the department that the direct -support organization is complying with the terms of the contract in a manner consistent with and in furtherance of the goals and purposes of the prescription drug monitoring program and in the best interests of the state. Such certification must be made 60 annually and reported in the official minutes of a meeting of the direct -support organization. 4. The reversion, without penalty, to the Office of Drug Control, or to the state if the Office of Drug Control ceases to exist, of all moneys and property held in trust by the direct -support organization for the benefit of the prescription drug monitoring program if the direct -support organization ceases to exist or if the contract is terminated. S. The fiscal year of the direct -support organizatiori, which must begin July 1 of each year and end June 30 of the following year. 6. The disclosure of the material provisions of the contract to donors of gifts, contributions, or bequests, including such disclosure on all promotional and fundraising publications, and an explanation to such donors of the distinction between the Office of Drug Control and the direct -support organization. 7. The direct -support organization's collecting, expending, and providing of funds to the department for the development, implementation, and operation of the prescription drug monitoring program as described in this section and s. 2, chapter 2009-198, Laws of Florida., as long as the task force is authorized. The direct -support organization may collect and expend funds to be used for the functions of the direct -support organization's board of directors, as necessary and approved by the director of the Office of Drug Control. In addition, the direct -support organization may collect and provide funding to the department in furtherance of the prescription drug monitoring program by: a. Establishing and administering the prescription drug monitoring program's electronic database, including hardware and software. b. Conducting studies on the efficiency and effectiveness of the program to include feasibility studies as described in subsection (13). c. Providing funds for future enhancements of the program within the intent of this section. d. Providing user training of the prescription drug monitoring program, including distribution of materials to promote public awareness and education and conducting workshops or other meetings, for health care practitioners, pharmacists, and others as appropriate. e. Providing funds for travel expenses. f. Providing funds for administrative costs, including personnel, audits, facilities, and equipment. g. Fulfilling all other requirements necessary to implement and operate the program as outlined in this section. (e) The activities of the direct -support organization must be consistent with the goals and 61 mission of the Office of Drug Control, as determined by .the office in consultation with the department, and in the best interests of the state. The direct -support organization must obtain a written approval from the director of the Office of Drug Control for any activities in support of the prescription drug monitoring program before undertaking those activities. (f) The Office of Drug Control, in consultation with the department may .permit, without charge, appropriate use of administrative services, property,. and facilities of the Office of Drug Control and the department by the -direct -support organization, subject to this section. The use must be directly in keeping with the approved purposes of the direct -support organization and may not be made at times or places that would unreasonably interfere with opportunities for the public to use such facilities for established purposes. Any moneys received from rentals of facilities and properties managed by the Office of Drug Control and the department may be held by the Office of Drug Control or in a separate depository account in the name of the direct -support organization and subject to the provisions of the letter of agreement with the Office of Drug Control. The letter of agreement must provide that any funds held in the separate depository account in the name of the direct -support organization must revert to the Office of Drug Control if the direct -support organization is no longer approved by the Office of Drug Control to operate in the best interests of the state. (g) The Office of Drug Control, in consultation with the department may adopt rules under s. 120.54 to govern the use of administrative services, property, or facilities of the department or office by the direct -support organization. (h) The Office of Drug Control may not permit the use of any administrative services, property, or facilities of the state by a direct -support organization if that organization does not provide equal membership and employment opportunities to all persons regardless of race, color, religion, gender, age, or national origin. (i) The direct -support organization shall provide for an independent annual financial audit in accordance with s. 215.981. Copies of the audit shall be provided to the Office of Drug Control and the Office of Policy and Budget in the Executive Office of the Governor. 0) The direct -support organization may not exercise any power under s. 617.0302(12) or (16). (12) A prescriber or dispenser may have access to the information under this section which relates to a patient of that prescriber or dispenser as needed for the purpose of reviewing the patient's controlled drug prescription history. A prescriber or dispenser acting in good faith is immune from any civil, criminal, or administrative liability that might otherwise be incurred or imposed for receiving or using information from the prescription drug monitoring program This subsection does not create a private cause of action, and a person may not recover damages against a prescriber or dispenser authorized to access information under this subsection for accessing or failing to access such information. (13) To the extent that funding is provided for such purpose through federal or private grants or gifts and other types of available moneys, the department, in collaboration with the Office 62 of Drug Control, shall study the feasibility of enhancing the prescription drug monitoring program for the purposes of public health initiatives and statistical reporting that respects the privacy of the patient, the prescriber, and the dispenser. Such a study shall be conducted in order to further improve the quality of health care services and safety by improving the prescribing and dispensing practices for prescription drugs, taking advantage of advances in technology, reducing duplicative prescriptions and the overprescribing of prescription drugs, and reducing drug abuse. The requirements of the National All Schedules Prescription Electronic Reporting (NASPER) Act are authorized in order to apply for federal NASPER funding. In addition, the direct -support organization shall provide funding for the department, in collaboration with the Office of Drug Control, to conduct training for health care practitioners and other appropriate persons in using the monitoring program to support the program enhancements. (14) A pharmacist, pharmacy, or dispensing health care practitioner or his or her agent, before releasing a controlled substance to any person not known to such dispenser, shall require the person purchasing, receiving, or otherwise acquiring the controlled substance to present valid photographic identification or other verification of his or her identity to the dispenser. If the person does not have proper identification, the dispenser may verify the validity of the prescription and the identity of the patient with the prescriber or his or her authorized agent. Verification of health plan eligibility through a real-time inquiry or adjudication system will be considered to be proper identification. This subsection does not apply in an institutional setting or to a long-term care facility, including, but not limited to, an assisted living facility or a hospital to which patients are admitted. As used in this subsection, the term "proper identification" means an identification that is issued by a state or the Federal Government containing the person's photograph, printed name, and signature or a document considered acceptable under 8 C.F.R. s. 274a.2(b)(1)(v)(A) and (B). (15) The Agency for Health Care Administration shall continue the promotion of electronic prescribing by health care practitioners, health care facilities, and pharmacies under s. 408.0611. (16) By October 1, 2010, the department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to administer the provisions of this section, which shall include as necessary the reporting, accessing, evaluation, management, development, implementation, operation, and storage of information within the monitoring progTam's system. History.--s. 1, ch. 2009-198. 'Note. --Section 2, ch. 2009-198, provides that: ,(1) The Program Implementation and Oversight Task Force is created within the Executive Office of the Governor. The director of the Office of Drug Control shall be a nonvoting, ex officio member of the task force and shall act as chair. The Office of Drug Control and the Department of Health shall provide staff support for the task force. 63 "(a) The following state officials shall serve on the task force: 1. The Attorney General or his or her designee. "I The Secretary of Children and Family Services or his or her designee "I The Secretary of Health Care Administration or his or her designee. "4. The State Surgeon General or his or her designee. "(b) In addition, the Governor shall appoint 12 members of the public to serve on the task force. Of these 12 appointed members, one member must have professional or occupational expertise in computer security; one member must be a Florida -licensed, board -certified oncologist; two members must be Florida -licensed, fellowship -trained, pain -medicine physicians; one member must be a Florida -licensed primary care physician who has experience in prescribing scheduled prescription drugs; one member must have professional or occupational expertise in e-Prescribing or prescription drug monitoring programs; two members must be. : . Florida -licensed pharmacists; one member must have professional or occupational expertise in the area of law enforcement and have experience in prescription drug investigations; one member must have professional or occupational expertise as an epidemiologist and have a background in tracking and analyzing drug trends; and two members must have professional or occupational expertise as providers of substance abuse treatment, with priority given to a member who is a former substance abuser. "(c) Members appointed by the Governor shall be appointed to a term of 3 years each. Any vacancy on the task force shall be filled in the same manner as the original appointment, and any member appointed to fill a vacancy shall serve only for the unexpired term of the member's predecessor. "(d) . Members of the task force and members of subcommittees appointed under subsection (4) shall serve without compensation, but are entitled to reimbursement for per diem and travel expenses as provided in s. 1121.061, Florida Statutes. "(e) The task force shall meet at least quarterly or upon the call of the chair. "(2) The purpose of the task force is to monitor the implementation and safeguarding of the electronic system established for the prescription drug monitoring program under s. 893.055, Florida Statutes, and to ensure privacy, protection of individual medication history, and the electronic system's appropriate use by physicians, dispensers, pharmacies, law enforcement agencies, and those authorized to request information from the electronic system. "(3) The Office of Drug Control shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives by December 1 of each vear which contains a summary of the work of the task force during that year and the recommendations developed in accordance with the task force's purpose as provided in subsection (2). Interim 64 reports may be submitted .at the discretion of the chair "(4) The chair of the task force may appoint subcommittees that include members of state agencies that are not represented on the task force for the purpose of soliciting input and recommendations from those state agencies as needed by the task force to accomplish its purpose as provided in subsection (2). In addition, the chair may appoint subcommittees as necessary from among the members of the task force in order to efficiently address specific issues. If a state agency is to be represented on any subcommittee, the representative shall be the head of the agency or his or her designee. The chair may designate lead and contributing agencies within a subcommittee. "(5) The direct -support organization created in s. 893.055. Florida Statutes, may collect, expend, and provide funds and other assistance to the department for the development, implementation, and operation of the task force. "(6) The task force shall provide a final report in accordance with the task force's purpose as provided in subsection (2) on July 1, 2012, to the Governor, the President of the Senate, and the Speaker of the House .of Representatives. Such report shall be prepared using only data that does not identify a patient, a prescriber, or a dispenser. The task force shall expire and this section is repealed on that date unless reenacted by the Legislature." M APPENDIX C Chapter 458 Medical Practice 458.309 Rulemaldng authority.-- (1) The board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter conferring duties upon it. (2)(a) Any rules which the board adopts relating to the classroom phase of medical education shall not apply to any person who is enrolled in the classroom phase of medical education or has graduated prior to or at the time the rule becomes effective, so long as such person does not interrupt his or her medical education. (b)l. Any rules which the board adopts relating to the clinical clerkship phase of medical education shall not apply to any person who is enrolled in the clinical clerkship phase of medical education prior to or at the time the rule becomes effective, so long as such person does not interrupt his or -her medical education. 2. Rules adopted by the Florida Board of Medical Examiners prior to October 1, 1986, and relating to clinical clerkships for graduates of foreign medical schools do not apply to any such graduate who: a. Had completed a clinical clerkship prior to the effective date of the rule; or b. Had begun a clinical clerkship but had not completed the clinical clerkship prior to the effective date of the rule, so long as the clinical clerkship took no longer than 3 years to complete. (c) Any rules which the board adopts relating to residency shall not apply to any person who has begun his or her residency prior to or at the time the rule becomes effective, so long as such person does not interrupt the residency. (3) All physicians who perform level 2 procedures lasting more than 5 minutes and all level 3 surgical procedures in an office setting must register the office with the department unless that office is licensed as a facility pursuant to chapter 395. The department shall inspect the physician's office annually unless the office is accredited by a nationally recognized accrediting agency or an accrediting organization subsequently approved by the Board of Medicine. The actual costs for registration and inspection or accreditation shall be paid by the person seeking to register and operate the office setting in which office surgery is performed. (4) All privately owned pain -management clinics, facilities, or offices, hereinafter referred to as "clinics," which advertise in any medium for any type of pain -management services, or employ a physician who is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications, must register with the department by January 4, 2010, unless that clinic is licensed as a facility pursuant to chapter 395. A physician may not practice medicine in a .pain -management clinic that is required to but has not registered with the department. Each clinic location shall be registered separately regardless of whether the clinic is operated under the same business name or management as another clinic. If the clinic is licensed as a health care clinic under chapter 400, the medical director is responsible for registering the facility with the department. If the clinic is not registered pursuant to chapter 395 or chapter 400, the clinic shall, upon registration with the department, designate a physician who is responsible for complying with all requirements related to registration of the clinic. The designated physician shall be licensed under this chapter or chapter 459 and shall practice at the office location for which the physician has assumed responsibility. The department shall inspect the clinic annually to ensure that it complies with rules of the Board of Medicine adopted pursuant to this subsection and subsection (5) unless the office is accredited by a nationally recognized accrediting agency approved by the Board of Medicine. The actual costs for registration and inspection or accreditation shall be paid by the physician seeking to register the clinic. (5) The Board of Medicine shall adopt rules setting forth standards of practice for physicians practicing in privately owned pain -management clinics that primarily engage in the treatment of pain by prescribing or dispensing controlled substance medications. Such rules shall address, but need not be limited to, the following subjects: (a) Facility operations; . (b) Physical operations; (c) Infection control requirements; (d) Health and safety requirements; (e) Quality assurance requirements; (f) Patient records; (g) Training requirements for all facility health care practitioners who are not regulated by another board; (h) Inspections; and (i) Data collection and reporting requirements. A physician is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications when the majority of the patients seen are prescribed or dispensed controlled substance medications for the treatment of chronic nonmalignant pain. Chronic nonmalignant pain is pain unrelated to cancer which persists beyond the usual course of the disease or the injury that is the cause of the pain or more than 90 days after 67 surgery. (6) A privately owned clinic, facility, or office that advertises in any medium for any type of pain -management services or employs one or more physicians who are primarily engaged in the treatment of pain by prescribing or dispensing controlled substances is exempt from the registration provisions in subsection (4) if the maj ority of the physicians who provide services in the clinic, facility, or office primarily provide surgical services. History.--ss. 1, 8, ch. 79-302; ss. 2, 3, ch. 81-318; ss. 5, 22, 25, 26, ch. 86-245; s. 4, ch. 91- 429; s. 200, ch. 97-103; s. 120, ch. 98-200; s. 92, ch. 99-397; s. 3, ch. 2009-198. .: APPENDIX D Chai3ter 459 OSTEOPATHIC MEDICINE 459.005 Rulemaking authority.-- (1) The board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter conferring duties upon it. (2) All physicians who perform level 2 procedures lasting more than 5 minutes and all level 3 surgical procedures in an office setting must register the office with the department unless that office is licensed as a facility pursuant to chapter 395. The department shall inspect the physician's office annually unless the office is accredited by a nationally recognized accrediting agency or an accrediting organization subsequently approved by the Board of Osteopathic Medicine. The actual costs for registration and inspection or accreditation shall be paid by the person seeking to register and operate the office setting in which office surgery is performed. (3) All privately owned pain -management clinics, facilities, or offices, hereinafter referred to as "clinics," which advertise in any medium for any type of pain -management services, or employ a physician who is licensed under this chapter and who is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications, must register with the department by January 4, 2010, unless that clinic is licensed as a facility under chapter 395. A physician may not practice osteopathic medicine in a pain -management clinic that is required to but has not registered with the department, Each clinic location shall be registered separately regardless of whether the clinic is operated under the same business name or management as another clinic. If the clinic is licensed as a health care clinic under chapter 400, the medical director is responsible for registering the facility with the department. If the clinic is not registered under chapter 395 or chapter 400, the clinic shall, upon registration with the department, designate a physician who is responsible for complying with all requirements related to registration of the clinic. The designated physician shall be licensed under. chapter 458 or this chapter and shall practice at the office location for which the physician has assumed responsibility. The department shall inspect the clinic annually to ensure that it complies with rules of the Board of Osteopathic Medicine adopted pursuant to this subsection and subsection (4) unless the office is accredited by a nationally recognized accrediting agency approved by the Board of Osteopathic Medicine. The actual costs for registration and inspection or accreditation shall be paid by the physician seeking to register the clinic. (4) The Board of Osteopathic Medicine shall adopt rules setting forth standards of practice for physicians who practice in privately owned pain -management clinics that primarily engage in the treatment of pain by prescribing or dispensing controlled substance medications. Such rules shall address, but need not be limited to, the following subjects; (a) Facility operations; (b) Physical operations; W (c) Infection control requirements; (d) Health and safety requirements; (e) Quality assurance requirements; (f) Patient records; (g) Training requirements for all facility health care practitioners who are not regulated by another board; (h) Inspections; and (i) Data collection and reporting requirements. A physician is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications when the majority of the patients seen are prescribed or dispensed controlled substance medications for the treatment of chronic nonmalignant pain. Chronic nonmalignant pain is pain unrelated to cancer which persists beyond the usual course of the disease or the injury that is the cause of the pain or more than 90 days after surgery. (5) A privately owned clinic, facility, or office that advertises in any medium for any type of pain -management services or employs one or more physicians who are primarily engaged in the treatment of pain by prescribing or dispensing controlled substances is exempt from the registration provisions in subsection (3) if the majority of the physicians who provide services in the clinic, facility, or office primarily provide surgical services. History.--ss. 1, 6, ch. 79-230; ss. 2, 3, ch. 81-318; ss. 27, 29, ch. 86-290; s. 4, ch. `91-429; s 121, ch. 98-200; s. 101, ch. 99-397; s. 4, ch. 2009-198. 70 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VII-E DATE: June 15, 2010 REGULAR[] PUBLIC HEARING [x] CONSENT [ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie -Smith Assistant County Attorney SUBJECT: 2110 St. Lucie Blvd., Fort Pierce, FL - Unsightly and unsanitary conditions causing serious threat to public safety. BACKGROUND: See attached memorandum CA 10-0713. PREVIOUS ACTION: Permission to send the owner a 30 day notice ordering the property owner to remove the unsightly and unsanitary conditions on the property or St. Lucie County would have it cleared and place a lien on the property was approved by this Board on May 4, 2010. The Notice was posted advising the property owner to abate the nuisance within thirty (30) days. The owner was also advised that if he desired to be heard by the Board on this matter to contact the County Attorney's Office and he would be scheduled to appear at the June 8, 2010 Board meeting. The owner could not make the June 8`h meeting and has requested to be heard at the June 15, 2010 Board meeting. RECOMMENDATION CONCLUSION: Staff recommends that the Board order the property owner 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. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 Review and Approvals [X] County Attorney: y Daniel S. McIntyre Faye W. Outlaw, MPA County Administrator [X] Code Compliance Manag a�n Robin Meyer INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie -Smith, Assistant County Attorney C.A. NO: 10-0713 DATE: June 15, 2010 SUBJECT: Code Enforcement Case No. 64034 - 2110 St. Lucie Blvd., Fort Pierce, FL - Unsightly and Unsanitary Conditions and Unserviceable Vehicles, causing Serious Threat to Public Safety BACKGROUND: St. Lucie County has received code compliance complaints from the neighbors of this property at 2110 St. Lucie Blvd. in Fort Pierce and have exhausted all avenues to gain compliance. In Case No.10692, a Notice of Violation was issued on September 26, 2001 against this property for violation of Section 1-9-19 of the St. Lucie County Code of Ordinances for abandoned property, unserviceable vehicles and outside storage. A letter was issued to the owner of the property and he was given a compliance date of October 17, 2001. The property was still in violation on June 5, 2002 and was brought before the St. Lucie County Code Enforcement Board. At that time, an Order was issued giving Mr. Schmidgall until August 7, 2002 to correct the violations. On September 4, 2002, Staff reported to the Code Enforcement Board that the property still remained in violation. An Order Imposing Fine/Lien was entered. In Case No.17362, a Violation Hearing was held on March 21, 2003 againstthis propertyfor violation of Section 11.05.01 of the St. Lucie County Land Development Code for failure to obtain a permit and final inspection on a structure being built on the property. On May 7, 2003, Staff reported to the Code Enforcement Board that the violator had still not obtained a permit or final inspection. An Order Imposing Fine/Lien was entered. In Case No. 39342, a Violation Hearing was held on April 5, 2006 against this property for violation of Section 13.00.01, Article 103.5 of the St. Lucie County Land Development Code for an unsafe structure on the property. It was determined that the structure was too damaged to be repaired and must be taken down. On May 3, 2006, Staff reported to the Code Enforcement Board that the violation still existed. An Order Imposing Fine/Lien was entered. On April 8, 2008, the Board of County Commissioners, pursuant to Chapter 2-5 of the St. Lucie County Code of Ordinances (the "Code") declared the building unsafe and ordered a public hearing to be held May 13, 2008 to determine what steps should be taken with respect to the Building. On May 13, 2008, the Board of County Commissioners ordered the repair or demolition of the unsafe building located on the property at 2110 St. Lucie Blvd., Fort Pierce, FL 34946. The building was not repaired by the Owner as required by the Order and on or about October 20, 2008, it was demolished by the County and a Notice of Assessment and Lien for Costs of Demolition of Unsafe Building were recorded in the public records of St. Lucie County (OR Book 3040, Page 1437). In Case No. 64034, a Violation Hearing was held on November 4, 2009. The property was found to be default in violation of Section(s) 1-9-17 - Junk, Trash and Debris in the Right of Way; Section 1-9-19 Abandoned Property, Unserviceable Vehicles; Section 8.00.00 Accessory Uses and Structures; Section 8.00.03(F) Particular Permitted Accessory Structures; Section 3.01.03(J) - RS-4, Residential, Single Family (running a tree trimming business not permitted), Section 7.10.14(A) Commercial Vehicles and Semi -Trailers and Section 1-9-32(D) Public Nuisance, excessive overgrowth. A compliance date of 12/4/09 was issued and as of January 5, 2010, the property remained in violation. An extension was given in the case because St. Lucie County Community Services was trying to give Mr. Schmidgall assistance to build a house, but he will not be eligible for assistance if there are liens on the property. The case was granted the 60 day extension and continued to the April 7, 2010 Code Enforcement Board meeting. As of April 7, 2010, the property has not been abated. On April 7, 2010, the Code Enforcement Board issued an order to Staff to bring the property to the Board of County Commissioners as they found the property to present a serious threat to public safety. Chapter 67-1998, Laws of Florida, Section 5 (attached) finds that all lots in recorded subdivisions in St. Lucie County, outside of municipalities, shall be kept clearand clean of weeds, underbrush, rubbish, junk, debris, vegetation (including trees), brush and unsightly and unsanitary matters where the public health, welfare and safety are concerned. If the Board of County Commissioners finds itwise and expedient and serves a public health or safety purpose for such property to be cleaned of junk, trash and debris, weeds or other growth or materials, including, but not limited to unsafe structures, the Board of County Commissioners shall cause a notice to be delivered requiring abatement of this nuisance. If the nuisance is not abated, the Board may order those lots to be cleared of materials. Permission to send the owner a 30 day notice ordering the property owner to remove the unsightly and unsanitary conditions on the property or St. Lucie County would have it cleared and place a lien on the property was approved by this Board on May 4, 2010. The Notice was posted advising the property owner to abate the nuisance within thirty (30) days. The owner was also advised that if he desired to be heard by the Board on this matter to contact the County Attorney's Office and he would be scheduled to appear at the June 8, 2010 Board meeting. The owner could not make the June 8ch meeting and has requested to be heard at the June 15, 2010 Board meeting. RECOMMENDATION/CONCLUSION: Staff recommends that the Board order the property owner 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. KMS/cb Encl. Respectfully submitted, Katherine Mackenzie -Smith Assistant County Attorney 47W AGENDA REQUEST ITEM NO. V11-F DATE: June 15, 2010 REGULAR [] PUBLIC HEARING [XX] CONSENT[] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Ordinance No. 10-025 - St. Lucie County Sustainability District BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 10- 025 and authorize the Chairman to sign the Ordinance. COMMISSION ACTION: CONCURRENCE: [ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator L Review and Approvals County Attorney: Management 6 Budget Purchasing: Daniel S. McIntyre Originating Dept. Public Works Dir: County En 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.: 10-0719 DATE: June 4, 2010 SUBJECT: Ordinance No. 10-025 - St. Lucie County Sustainability District BACKGROUND: Attached to this memorandum is a copy of draft Ordinance No. 10-025 which, if adopted, would create the St. Lucie County Sustainability District. As proposed, the District would provide financing to a property owner who voluntarily participates in the sustainability program through non -ad valorem assessments levied on the program. The program would assist property owners who desire to install energy efficient improvements. The District would include the municipalities unless the municipalities decide to exempt themselves by ordinance. The proposed criteria for eligibility is set out in Section 1-19.10. The draft contains revisions proposed by the County's bond counsel and others which revisions are set out in double underline and strike through form. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 10-025 and authorize the Chairman to sign the Ordinance. Ily submitted Daniel S. McInty County Attorney DSM/caf Attachment Revised Draft 06/01/2010 ORDINANCE NO. 10-025 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, CREATING CHAPTER 1-19 "SUSTAINABILITY AND ENERGY IMPROVEMENT," AND ENACTING ARTICLE I ENTITLED "ST. LUCIE COUNTY SUSTAINABILITY DISTRICT" OF THE CODE OF LAWS OF ST. LUCIE COUNTY, FLORIDA, PROVIDING FOR CREATION OF THE SPECIAL DISTRICT, ITS PURPOSE AND AUTHORITY; IMPROVEMENTS; USES OF NON -AD VALOREM ASSESSMENTS; DEFINITIONS; ELIGIBLE PROPERTY OWNERS; ENERGY AUDITS AND AGREEMENTS; PROVIDING FOR ALTERNATIVE USE OF STATUTORY ASSESSMENTS FOR ENERGY IMPROVEMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, St. Lucie County, Florida (the "County") is a non -charter county and political subdivision of he State of Florida ("State"), duly organized and operating under the Constitution and the laws of the State; WHEREAS, pursuant to Article VII, Section 10 of the Florida Constitution, Chapter 125, F.S., and Chapter 189, F.S., the County is authorized to form an Energy Improvement District for the purpose of encouraging, accommodating, and financing energy efficiency and renewable energy improvements (both as defined in this Ordinance) on residential and commercial properties in the County; and WHEREAS, the County desires to form the St. Lucie County Sustainability District (the "District") pursuant to the Florida Constitution for the purpose of accomplishing the energy efficiency and renewable energy improvements, including paying the costs necessary and incidental thereto through non -ad valorem assessments; and WHEREAS, the State of Florida has declared it the public policy of the State to develop energy management programs aimed at promoting energy conservation; and Underlined passages are added. -1- 6*mek kFaugh passages are added. Revised Draft 06/01/2010 WHEREAS, home and business energy consumption accounts for approximately 70% of the overall usage of electric energy; and WHEREAS, the State of Florida has adopted a schedule for increasing the energy performance of buildings subject to the Florida Energy Efficiency Code for Building Construction Chapter 553, F.S.; and WHEREAS, there is a vast quantity of existing structures with many years of remaining life before replacement, and these structures are not as energy efficient as today's standards, nor do many existing buildings have renewable energy systems installed to provide some or all of their electric energy needs; and WHEREAS, a major contributor to statewide and County greenhouse gas emissions is the inefficient use of energy by existing occupied building stock; and WHEREAS, installing energy efficiency and renewable energy improvements on existing structures can provide significant progress towards greenhouse gas reductions and increased energy conservation in the County and statewide; and WHEREAS, installing energy efficiency and renewable energy improvements on existing structures can provide signif icant progress towards greenhouse gas reductions and increased energy conservation in the County and statewide; and WHEREAS, reductions in greenhouse gas emissions will improve air quality, lower fossi I fuels use, create energy independence and security, promote the creation of jobs and economic development by stimulating "green industries" and save its citizens money by reducing energy consumption; and WHEREAS, existing homeowners, and business property owners, may be highly leveraged on their properties and the current housing market may prevent property owners from financing these types of projects with traditional equity financing options; and WHEREAS, the expected lif a of energy efficiency and renewable energy projects may require a longer term payback period than offered by traditional equity f inancing may afford necessitating an alternative financing option to install the improvements; and Underlined passages are added. -2- btrueN 4hrough passages are added. Revised Draft 06/01/2010 WHEREAS, the formation of a Sustainability District, and the voluntary participation in the program by property owners, will provide an alternative financing option to install the improvements; and WHEREAS, the District will provide financing to a property owner who participates in the program through non -ad valorem assessments levied on the property, pursuant to Chapter 197, F.S., where the improvements occur to minimize risk of failure for non-payment of the District's funds; and WHEREAS, the District will have options to raise capital to fund the program through federal or state grant funds, private loans from a financial institution, state or federal loan or bond guarantee programs or other private or not -for -profit sources of funds; and WHEREAS, local governments within Florida and nationally have either formed, or are contemplating the formation of, special districts to provide alternative financing options allowing a property owner to finance energy efficiency and renewable energy improvements through non -ad valorem assessments repaid through their property taxes; and WHEREAS, the County finds that local needs and conditions warrant the formation of the District as an economical means to implement its energy efficiency and renewable energy goals and the Board of County Commissioners desire to enact an ordinance creating a new Chapter 1-19 entitled "Sustainability and Energy Improvement," Code of Ordinances of St. Lucie County, relating to a Sustainability District. WHEREAS. the County desires to take advantage of the alternative special assessment provisions and procedures created by section 163.08, Florida Statutes, to provide Or energy conservation and efficiency improvements, renewable energy improvements and wind resistence improvements. BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, as follows, that: Section 1. That the Code of Laws of St. Lucie County, Florida, is hereby amended by adding a new Chapter 1-19 entitled "Sustainability and Energy Improvement", including Article I thereof "St. Lucie County Energy Improvement District" to read as follows: Underlined passages are added. -3- f0rueli *hPaugh passages are added. Revised Draft 06/01/2010 Section 1-19.1 Declaration of District. Pursuant to and in accordance with the Florida Constitution and Florida Statutes, §125.01, the County hereby forms the "St. Lucie County Sustainability District" (the District") as a "dependent special district" within the meaning of Chapter 189, Florida Statutes. Section 1-19.2 Findings. The Board makes the following specific findings: A. A program designed to provide residential, commercial and business properties the financial means required to reduce electricity consumption will help reduce the burden of greenhouse gas emissions otherwise created by property in Florida and potentially mitigate adverse impacts to Florida property and the environment. B. Energy conservation and efficiency and clean energy improvements to residential, commercial, industrial, and other buildings, facilities and improvements can reduce greenhouse gas emissions resulting from the use of improved property. Energy conservation and efficiency and clean energy improvements can protect and preserve Florida property by diminishing energy demand and environmental burdens. C. The up -front costs of energy conservation and efficiency and clean energy improvements necessary to reduce greenhouse gas emissions inhibits or prevents many property owners from making such improvements. D. To make energy conservation and efficiency and clean energy improvements more affordable and assist property owners who wish to undertake them, it is necessary to authorize a procedure for enabling property owners, on a voluntary basis, to finance such improvements and make repayments in the form of special assessments collected on their property tax bills. E. The County hereby determines that the actions authorized under Chapter 1-19 Code of Laws, including but not limited to the establishment of the sustainability district, the financing therein of qualifying improvements through the execution of financing agreements and the related imposition of voluntary special or non -ad valorem assessments, are reasonable and necessary to serve an important public purpose; and, are necessary for the prosperity and welfare of the County and its property owners and inhabitants. Section 1-19.3 Description of District. The Districts will consist of, and shall include property within the geographical boundaries of the County; as set forth in Section Underlined passages are added. -4- Sirnek *kraw9k passages are added. Revised Draft 06/01/2010 7 59 Florida Statutes, and, if any such property is located within any municipality in the County such property shall be so included in the District unless such municipality shall have enacted an ordinance setting forth the exclusion of property within its boundaries from the District. Section 1-19.4 District Board. The membership of the District's Board shall be identical to the Board of County Commissioners of St. Lucie County. Section 1-19.5 Purpose of the District. The purpose of the St. Lucie County Sustainability District (the "District") is to accomplish energy efficiency and renewable energy improvements, as well as broader sustainability issues, such as water conservation on residential and commercial properties by financing such improvements to be repaid through non -ad valorem assessments on the property owner's property taxes. Section 1-19-6. Authority of the District. The District shall have, and the Board may exercise by majority vote, the following powers: A. To sue and be sued in the name of the District, to adopt and use a seal and authorize the use of a facsimile thereof, and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers. B. To contract for the services of consultants to perform planning, engineering, legal, or other professional services. C. To borrow money and accept gifts, to apply for and use grants or loans of money or other property from the United States, the state, a unit of local government, or any person for any District purpose and enter into agreements required in connection therewith, and to hold, use, sell, and dispose of such moneys or property for any District purpose in accordance with the terms of the . gift. grant, loan, or agreement relating thereto. D. To adopt resolutions and procedures prescribing the powers, duties, and functions of the officers of the District; the conduct of the business of the District; the maintenance of records; and the form of other documents and records of the District. The Board may also adopt ordinances and resolutions that are necessary to conduct District business, if such ordinances do not conflict with any ordinances of a local general purpose government within whose jurisdiction the District is located. Any resolution or ordinance Underlined passages are added. -5- passages are added. Revised Draft 06/01/2010 adopted by the Board and approved by referendum vote of District electors may only be repealed by referendum vote of District electors. F. To acquire, by purchase, lease. gift. dedication, devise, or otherwise, real and personal property or any estate therein for any purpose authorized by this act and to trade, sell, or otherwise dispose of surplus real or personal property. The Board may purchase equipment by an installment sales contract if funds are available to pay the current year's installments on the equipment and to pay the amounts due that year on all other installments and indebtedness. G. To hold, control, and acquire by donation or purchase any public easement, dedication to public use, platted reservation for public purposes, or reservation for those purposes authorized by this act and to use such easement, dedication, or reservation for any purpose authorized by this act consistent with applicable adopted local government comprehensive plans and land development regulations. H. To lease as lessor or lessee to or from any person, firm, corporation, association, or body, public or private, any facility or property of any nature for the use of the District when necessary to carry out the District's duties and authority under this act. I. To borrow money and issue bonds, revenue anticipation notes, or certificates payable from and secured by a pledge of funds, revenues, assessments, warrants, notes, or other evidence of indebtedness, and mortgage real and personal property when necessary to carry out the District's duties and authority under this act. J. To charge user fees and assessments authorized by resolution of the Board, in amounts necessary to conduct District activities and services, and to enforce their receipt and collection in the manner prescribed by resolution and authorized by law. K. To cooperate or contract with other persons or entities, including other governmental agencies, as necessary, convenient, incidental, or proper in connection with providing effective mutual aid and furthering any power, duty, or purpose authorized by this act. L. To assess and impose upon real property in the District non -ad valorem assessments as authorized by this act. Underlined passages are added. -6- S*melr* passages are added. Revised Draft 06/01/2010 M. To impose and foreclose non -ad valorem assessment liens as provided by this act or to impose collect, and enforce non -ad valorem assessments pursuant to Chapter 197, Florida Satatutes. N. To select as a depository for its funds any qualified public depository as defined in Section 280.02, Florida Statutes, which meets all the requirements of Chapter 280 Florida Statutes, and has been designated by the Chief Financial Officer as a qualified public depository upon such terms and conditions as to the payment of interest upon the funds deposited as the Board deems just and reasonable. O. To provide financing to owners of residential and commercial property within the Sustainability District authorized for the purposes of this Chapter. Section 1-19.7 Description of Improvements. The improvements to be financed by the County for properties within the District shall consist of, and shall be limited to, any improvements constituting "energy efficiency", "renewable energy improvements", or broader Sustainability improvements such as water conservation, as defined herein. The improvements to be constructed on each property shall be set forth in a written agreement executed between the property owner and the District. Section 1-19.8 Financing. The cost of the improvements undertaken by the property owner and f inanced by the District shall be assessed on the related property in the amount or amounts set forth in the written agreement for such property and shall be financed by federal or state grant funds, special assessment bonds, private loans from a financial institution, state or federal loan or bond guarantee programs or other private or not -for -profit sources of funds which shall be payable through non -ad valorem assessments by the property owner. Section 1-19.9 Non -ad valorem assessments. Pursuant to Chapter 197, F.S., non ad -valorem assessments levied pursuant to this Ordinance shall remain liens, coequal with the lien of all state, county, district, and municipal taxes, superior in dignity to all other liens, titles, and claims, until paid. Underlined passages are added. —7- Stwe♦t *krswgh passages are added. Revised Draft 06/01/2010 Section 1-19.10 Definitions. A. Energy efficiency improvement. A material improvement made to an existing residential or commercial property that reduces energy consumption, including but not limited to: i. Caulking, weatherstripping (cost of weatherstripping shall not exceed fifteen hundred dollars) and air duct sealing; ii. Insulation in walls, roofs, floors, foundations and in heating and cooling distribution systems radiant barriers; iii. Heating and cooling system upgrades, combined heat and power systems, automatic energy control systems, heating, ventilating or air conditioning and distribution system modifications or replacements in homes, buildings or central plants including microturbines and fuel cells; iv. Storm or weathertight windows and doors, multiglazed windows and doors, heat -absorbing or heat -reflective glazed and coated windows and door systems, additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption; V. Replacement or modification of lighting fixtures to increase the energy efficiency of the system without increasing the overall illumination of a residential or commercial building unless such increase in illumination is necessary to conform to the applicable building code for the proposed lighting system; vi. High efficiency water or pool heating systems; vii. Permanent rainwater harvesting systems reducing energy demands such as cisterns or rain barrels for capture, storage and reuse of water. viii. Reflective roof or other cool roof systems that increase solar reflectance and thermal emittance. ix. Commercial ref riaeration system upgrades and systems for heat recovery f rom compressors and condensers. Underlined passages are added. -8- Siwek *hPaugk passages are added. Revised Draft 06/01/2010 X. An energy efficiency improvement does not include a household appliance such as a washing machine or refrigerator that is not permanently fixed to real property. B. Renewable energy improvement. Any fixture. product, system, device or interacting group of devices installed behind the meter on any residential or commercial building that produces energy from renewable resources including but not limited to photovoltaic systems, small wind systems, biomass systems, or biogas or methane recovery systems, as may be authorized. C. Broader sustainability improvements. Includes improvements such as water conservation thru improved sustainability. Section 1-19.11 Eligible property owners. An eligible property owner (or property) must meet the following criteria: the program. A. Be the legal owner and provide proof of ownership in the application for B. Property must be located within St. Lucie County. C. Property owner must be current on property taxes, and show no delinquency in the last f ive years or such shorter period during which the applicant has owned the property on the property subject of the application for improvements. D. Property owner must be current on any mortgage or other debt secured by the property. E. Property owner cannot be in bankruptcy nor can the property be an asset in any bankruptcy proceeding. F. Property cannot be in foreclosure. G. Property cannot have any federal income tax lien, judgment lien or similar involuntary lien encumbering the property. Underlined passages are added. -9- &N-welo 4hrough passages are added. Revised Draft 06/01/2010 H. Improvements must be reasonable f or the scope of the property pro-ject and to the property value in accordance with guidelines as approved by the District. Section 1-19.12 Energy Savings Audit. If required. an energy savings audit shall be conducted by a qualified energy auditor or a certified building energy rater. The District shall provide a list of. and set forth the minimum standards for. qualified or certified auditors and raters. At a minimum. the energy savings audit shall include the following information: A. Recommendations for energy savings measures; B. Estimated energy savings and a priority ranking for each measure; C. Estimated renewable energy to be produced; D. Estimated greenhouse gas reduction; and E. Estimated cost savings resulting from the implementation of the recommendations and use of funds made available by the District. The Board may establish an alternative process to meet this requirement, but that process must be based upon professionally accepted methodologies for documenting the information required herein. Section 1-19.13 Application. An eligible property owner must submit a complete application to the District for its approval. A complete application shall include the following information: A. Proof of ownership and location of the property. Organizational documents if the property owner is not on the title as an individual. B. Documentation showing the structure or building, subject of the application, is an existing structure or building on the date of application. C. A cost estimate for the installation of the energy savings measures completed by a Florida licensed contractor (including the name and license number of the contractor). This estimate shall include all construction costs, equipment, permitting fees. Underlined passages are added. —10- 6*rwelt *�Pougk passages are added. Revised Draft 06/01/2010 recording fees for the assessment of liens, energy audit costs, and contingency fees. Estimated costs shall be reasonable for the scope of the proposed project and in relation to the property value. D. Written documentation indicating that the property owner is current in the mortgage, if one exists on the property, and that there are no federal or state tax liens, judgments liens or similar involuntary liens against the property subject of the application. E. Disclosure regarding non -ad valorem assessments. F. State of Florida Fair Lending Notice as required. Section 1-19.14 Written agreement. Upon submittal of a complete application to enter into the program as approved by the District, the property owner shall enter into a voluntary written agreement with the District that shall constitute the property owner's consent to be subject to a non -ad valorem assessment as set forth in Section 1-19.8 of this Ordinance. The written agreement shall be recorded and provide for the following A. The maximum limit of the financing for the program shall be $50,000 or 20% of assessed value, whichever is greater, per property unless: i. A higher financing amount is consented to by the mortgage holder on the property, if one exists, and ii. The energy audit, or information on energy savings measures provided in the application, shows a demonstrated high level of energy savings that is equal to or greater than the proposed assessment amount or renewable energy produced over the duration of the financing, S. Express voluntary consent to accept the non -ad valorem assessment has been given. C. The length of time permitted for the property owner to repay the non - ad valorem assessment shall not exceed 20 years including the term interest rate and administrative and financing fees. Underlined passages are added. -11- 6*rmek *hremg14 passages are added. Revised Draft 06/01/2010 D. The property owner shall be responsible for assuring the improvements are completed as reflected in the approved application documents The property owner also consents to providing access to property to the County to verify that the improvements have been completed as proposed in the application. E. At the time of a transfer of property ownership, the past due balances of any non -ad valorem assessment under this Subsection shall be due for payment but future payments shall continue as a lien on the property. F. The risks associated with participating in the program shall be disclosed in the written agreement including risks related to the failure of the participating property owners to make payments and the risk of issuance of a tax certificate and loss of the property pursuant to Chapter 197. F.S. G. The cost of an energy savings audit or the cost to complete an estimate of information on energy savings measures. estimated energy savings for each measure, estimated greenhouse gas reductions and estimated cost savings from the projects will be subject to reimbursement upon execution of the written agreement to accept the non -ad valorem assessment. H. The property owner shall agree to apply any rebates provided by an entity other than the District received for the projects approved by the District, towards the repayment of the non -ad valorem assessment. I. If property taxes are paid through an escrow account the property owner is responsible for notifying the lender of any adjustment to monthly payments. J. The property owner shall provide all copies of final permits and inspections to the District upon completion of the projects. K. The property owner shall agree to provide the District 5 years of utility statements showing_ the energy usage for the property following the year in which the improvements are made The statements shall be due on the final day of the month when the improvements were completed. Section 1-19.15 Notice Pursuant to and in accordance with Chapter 189, Florida Statutes the County_ published the notice of the public hearing to adopt and approve to form Underlined passages are added. -12 - &*F-Uel I *hf-em9h passages are added. Revised Draft 06/01/2010 the Sustainability District. The County has determined that it is not passible practical to mail notice of such public hearing to each address within the District , because tHe properties to be One'uded in tHe Nstr*et have not yet been ident but that each participating property owner's due process rights are fully protected through execution of a financing agreement. Section 1-19.16 Authorization of County Officers and Employees The Board and all other County offices and employees are hereby authorized and directed to take all action necessary and appropriate to effectuate the provisions of this Ordinance Section 2. Alternative Assessment Procedure That the Code of Laws of St Lucie county. Florida. is hereby amended by adding additional provisions to Chapter 1-19 entitled "Sustainability and Energy Improvement". including Article I thereof "St Lucie County Property Assessed Clean Energy Improvements" to read as follows: Section 1-19- .17 Findings. The County hereby adopts and incorporates herein the legislative findings set forth in section 163.08(1). F.S.- as if fully set forth herein and are hereby specifically made findings of fact made by the County_ Section 1-19- .18 Alternative Assessment Procedures. As an alternative assessment and financing procedure to those set forth in sections 1-19-.01 through .15, Code of Laws of St. Lucie County. Florida. the County hereby implements as an alternative, the assessment procedures set forth in section 163 08 F S to finance energy conservation and efficiency improvements, renewable energy improvements and wind resistance improvements as described in section 163.08(2)(b) F S The County hereby authorizes such assessments to be levied on any real property located within the boundaries of the St. Lucie County. Florida. which assessment will be document by a financing agreement between the County and the participating property owners; provided however, that for any real property located within a municipality. the owner of such real property may elect to participate in the County assessment program unless the municipality in which the real property is located in fact establishes its own assessment program under the authority of section 163.08, F.S., and notifies the County of such action with a formal request to the County to not offer its program within municipal limits The County, by subsequent resolution. shall specify the terms and conditions under which it will enter into a finonrinn agreement with a property owner within the parameters set forth in Section 163 08 F S and shall specify the terms and conditions of the financing agreement to he used by Underlined passages are added. -13- Strue'! *hreugh passages are added. Revised Draft 06/01/2010 Section 3. Conf Iicts. Pursuant to Section 189.4041, Florida Statutes the County finds that the formation of the District is consistent with the St. Lucie County Comprehensive Plan. Section 4. Severability. If any provisions or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. Section 5. Effective Date. The Ordinance shall have effect upon beeeming-low filing of a certified copy of this Ordinance with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of St. Lucie County, Florida, this 15th day of June, 2010. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Underlined passages are added. -14- passages are added.