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Agenda Packet 09-07-2010
~~ - ~ _ fiiiiitiiiNiiisiiititi~itiiitiiiiiUiiiiliiitiiiiiiiiiijiiiili0ti~iq#iliil#I-tiiliiilititiltiitUititii3iiliiiii{ltit[liOltTitNlAltiiii3~iiiiCilittiSlU~il(Uitl~{lii~i{Ciiil[iliillilLi~~iliiiiHttil September 7, 2010 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 09/03/2010 WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS GENERAL RULES AND PROCEDURES -Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA -These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA -Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS -These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed rg_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. September 7, 2010 6:00 P.M. BOARD OF COUNTY COMMISSIONERS vrww.co.st-lucie.fl.us www.stlucieco.org liliTittliiiiiiiifliiii~~tNllitiliilitlitiiillillUtiTititii(1EIfLIlit11Et111ii11itllitiNiEiltfiiilfilltiltliit3itiltliil}ipitl3ti~Uii~[tlliiiill~S~iiiitili~ilttili~ii~tiliiii~Itt1i11~t1iilxUf~ii Charles Grande, Chairman District No. 4 Doug Coward, Vice Chairman District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 Chris Craft District No. 5 atiiliilitltillNNtiitiiiiitilltltilitttliiriitliiiii!!1[illiittlLtilNlililliL{litliliiii3tlttE~i{!{rditiU1tt11tiiltlttiltllilltt-tilii{ititiiilliitiniftil~{Iitiiii;tlitliii;[i1111{ii111lititlitiUiilri INVOCATION PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the August 24, 2010 meeting. IV. PROCLAMATIONSIPRESENTATIONS A. COUNTY ATTORNEY Resolution No. 10-238 - "Workforce Development Month" Consider staff recommendation to approve to adopt Resolution No. 10-238 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 48 and 49 B. COUNTY ATTORNEY Contract for Sale and Purchase -Midway Road Improvements -Four-Laning of Midway Road from South 25~ Street to Selvitz Road -WMW, LLC -Parcel I.D. 3405-411-0003-00015 Consider staff recommendation to approve the Contract for Sale and Purchase from WMW, LLC, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. 2. Award of RFP #10-034 -Appraisal Services Consider staff recommendation to approve to award RFP #10-034 to the following four firms: Callaway & Price, Inc., Florida Acquisition & Appraisal, Inc., Fuller-Armfield-Wagner Appraisal & Research, Inc., and PBS13<J. Staff also requests that the Board authorize the Chairman to sign the Contracts as prepared by the County Attorney's office. 3. Contract for Sale and Purchase -Permanent Utility Easement for Water and Forcemain - HHHP Associated (Hendler/Schwartz) -Parcel I.D. 2325-331-0003-000/2 and 2336-212-0021-000/2 Consider staff recommendation to approve the Contract for Sale and Purchase of a Permanent Utility Easement, authorize the Chairman to sign the Contract for Sale and Purchase and direct staff to record the Permanent Utility Easement in the Public Records of St. Lucie County, Florida. COUNTY ATTORNEY CONTINUED Resolution No. 10-242; Memorandum of Agreement with Department of Transportation for Improvements within right-of-way of Sunrise Boulevard and Oleander Avenue Consider staff recommendation to approve Resolution No. 10-242, subject to the County Engineer's approval of language in the Department's Request for Proposals that adequately addresses the County's drainage concerns. C. HOUSING & COMMUNITY SERVICES Earned Income Tax Credit (EITC) Consider staff recommendation to approve acceptance of the EITC third year grant award 90ET0414/03 for $50,000; approval of Budget Resolution No. 10-240; and authorization for the Chairman to sign documents as approved by the County Attorney. D. PUBLIC WORKS Engineering Division: 1. Copper Creek Public Improvements -Conditional Acceptance and Maintenance Agreement Consider staff recommendation to approve the conditional acceptance of the public improvements and the Maintenance Agreement and authorization for the Chairman to sign documents as approved by the County Attorney. Administration: 2. Lakewood Park Phase 1 Consider staff recommendation to approve Change Order No. 4 with American Engineering and Development Corp. in the amount of $11,781 for Lakewood Park Phase 1 canal control structures, acceptance of the project and authorization for the Chairman to sign contract documents as approved by the County Attorney. SHERIFF'S OFFICE Authorization to accept the 2010 Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation (2010-DJ-BX-0440). Consider staff recommendation to approve Budget Resolution No. 10-237 and authorize the acceptance of the 2010 Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation (2010-DJ-BX-0440). 2. Authorization to accept the U.S. Department of Homeland Security 2010 Port Security Program Grant (2010-PU-TO-0128). Consider staff recommendation to approve Budget Resolution No. 10-239 and authorize the acceptance of the U.S. Department of Homeland Security 2010 Port Security Grant (2010-PU-TO- 0128). GRANTS/DISASTER RECOVERY South Florida Water Management District - St. Lucie River Issues Team -Ranking of Five Grant Applications Consider staff recommendation to approve prioritization of five grant applications to the South Florida Water Management District, St. Lucie River Issues Team. G. PLANNING & DEVELOPMENT SERVICES 1. Development Agreement - Ravinia Investments, LLC Consider staff recommendation to approve authorization to advertise two public hearings before the Board of County Commissioners, as outlined in the agenda memorandum. 2. Tourist Development Council Grant Agreement for the Backus Gallery & Museum expansion project Consider staff recommendation to approve the Tourist Development Council Grant Agreement with the Backus Gallery & Museum in an amount not to exceed $300,000 and authorization for the Chairman to execute the agreement as approved by the County Attorney. VII. PUBLIC HEARINGS A. PLANNING 23< DEVELOPMENT SERVICES Kennels as Permitted or Conditional Use in IL Zoning District Consider staff recommendation to approve a text amendment to the LDC to include kennels as a permitted use with restrictions or a conditional use in the IL zoning district (Ordinance No. 10-026). B-C. PUBLIC WORKS The Grove and Palm Grove Street Lighting Districts Consider staff recommendation to approve adoption of Item No. VII-B Resolution No. 10-183 and Item No. VII-C Resolution No. 10-185, as outlined in the agenda memorandum. VIII. ADDITION ADMINISTRATION Rafification of Memoranda of Understanding with Project Energy and`Project Light Consider staff recommendation to ratify .and approve .the Memoranda of Understanding with Project .Energy and Project Light. IX. ANNOUNCEMENTS The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 9, 2010 at 6:00 p.m. 2. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 23, 2010 at 6:00 p.m. 3. St. Lucie Cooperative Extension will hold a Spread the Shade Plant a Tree, Tree Give-A-Way on Saturday, September 25, 2010 at 7:00 a.m. at the Civic Center located at 9221 SE Civic Center Place, Port St. Lucie. 4. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, September 28, 2010 at 1:30 p.m. in Conference Room #3. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross~xamine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forTy~ight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: August 24, 2010 Convened: 9:00 a.m. Adjourned: 10:25 a.m. Commissioners Present: Chairman, Charles Grande, Doug Coward, Paula A. Lewis, Chris Craft, Chris Dzadovsky Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Beth Ryder, Community Services Director, Don West, Public Works Director, Debra Brisson, Parks and Rec. Director, Marie Gouin, OMB Director, Jim David, Mosquito Control Director, Ron Roberts, Asst. Solid Waste Director, Roger Shinn, Central Services Director, Karen Smith, ERD Director, Todd Cox, Airport Manager, Millie Delgado-Feliciano, Deputy Clerk INVOCATION PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the August 17, 2010 meeting. It was moved by Com. Coward, seconded by Com. Dzadovsky, to approve the minutes of the meeting held on April 17, 2010, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONSIPRESENTATIONS There are no proclamations/presentations scheduled for August 24, 2010. Com. Dzadovsky addressed the articles being presented regarding the funding of the School Resource Officers and requested the County Administrator give an overview of funding put into place for the program. The County Administrator advised the Board and for the general public's information, that the funding for the SRO program for next fiscal year beginning October 1, 2010 is $1.7 million dollars. The $1.6 million funding provided this last year was to be a onetime funding allocation to cover the School Board's portion. In the past there were other partners involved in the funding of this program. Those partners included St. Lucie County, the School Board, the Sheriffs office, the city of Ft. Pierce and the city of Port St. Lucie. As of today, the city of Ft. Pierce is not able to provide funding as well as the School Board. The city of Port St. Lucie will be providing some funding. She stated the Board of County Commissioners has not changed their position and will only provide their $1.7 million. Com. Grande advised those present that he had met with the Mayor's of the municipalities as well as St. Lucie Village regarding a countywide MSTU and was asked to provide a model ordinance for them to provide to their board members. Com. Craft advised everyone that out of 67 counties in the State, St. Lucie County is only one of the few counties that fund this program. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA It was moved by Com. Dzadovsky, seconded by Com. Craft, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 47 The Board approved Warrant List No. 47 B COUNTY ATTORNEY Walton Road Annex -Fourth Amendment to December 18, 2007 Facilities Use Agreement with Port St. Lucie Historical Society, Inc. The Board approved the proposed Fourth Amendment to the December 18, 2007 Facilities Use Agreement with Port St. Lucie Historical Society, inc., and authorized the Chairman to sign the amendment. 2. U. S. Department of Homeland Security -Modification of Contract for Storage of Federal Emergency Management Agency Trailers The Board approved the proposed Modification of Contract to close out the Contract for storage of Federal Emergency Management Agency Trailers, and authorized the Chairman to sign the document. Ordinance No. 10-032 Library and Law enforcement Impact Fees -Permission to Advertise The Board authorized advertising Ordinance No. 10-032. B COUNTY ATTORNEY CONTINUED 4. Resolution No. 10-230 -Approving Issuance of Revenue Bonds by Florida Development Finance Corporation for Renaissance Charter School, Inc. The Board approved adoption of proposed Resolution No. 2010-230, as drafted. Ordinance No. 10-033 -Eminent Domain Waivers - Permission to Advertise The Board authorized advertising Ordinance No. 10-033 Approval of Resolution Letter with U.S. Department of Justice, Civil Rights Division, for Implementation of Captioning, and Acceptance of Proposal from CaptionLink for Captioning Services The Board approved the proposed Resolution Letter with U.S. Department of Justice, Civil Rights Division, for captioning of SLCTV programming, and authorized the Chairman to sign the Resolution Letter. The Board of County Commissioners approved entering into an agreement with CaptionLink to provide MPEG Offline captioning services for three years, and authorized the Chairman to sign the agreement, subject to approval by the County Attorney as to legal form and correctness. 7. Transit Shelter Program - Interiocal Agreement with City of Fort Pierce The Board approved the Interlocal agreement with City of Fort Pierce, and authorized the Chairman to sign the agreement. 8. Donation of Right-of-Way -Swain Road -Portofino Landings Community Development District -Portofino Landings -Special Warranty Deed -Resolution No. 10-232 The Board accepted the Special Warranty Deed authorized the Chairman to sign Resolution No. 10-232 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. PULLED PRIOR TOMEETING 9. Grant to UDT-Seal Museum Association, Inc. -Collateral Assignment of St. Lucie County Grant Agreement Consider staff recommendation to approve the Collateral Assignment of St. Lucie County Grant Agreement and authorize the Chairman to sign the Agreement. C. PUBLIC WORKS 2 Engineering Division: 1. Acceptance of Walton Road Widening Project (US 1 to Village Green Drive) The Board approved the acceptance of the Walton Road Widening project (US 1 to Village Green Drive). C. PUBLIC WORKS CONTINUED Administration: 2. St. James Sidewalk -Phase 1 The Board approved Budget Resolution No. 10-231 establishing the fund for the Florida Department of Transportation Local Agency Program Agreement for the St. James Sidewalk Phase 1 project in the amount of $201,000 and a local match of $120,000 as outlined in the agenda memorandum and authorized the Chairman to sign documents as approved by the County Attorney. Engineering Division: 3. Stormwater Management Continuing Contracts The Board approved canceling the 2007 Stormwater Management Continuing Contracts. Orange Avenue/NSLRWCD Canal No. 55 Emergency Culvert Replacement Design The Board approved Work Authorization No. 1 (C09-10-664) to the Stormwater Continuing Contract with Kimley-Horn and Associates for the Orange Avenue/NSLRWCD Canal No. 55 Emergency Culvert Replacement Design in the amount of $60,976, Budget Amendment No. 10-032, and authorized the Chairman to sign documents as approved by the County Attorney. D. PLANNING & DEVELOPMENT SERVICES Project Draft - Letter of Intent The Board authorized having the County Administrator send a letter of Intent to offer Project Draft a Job Growth Investment Grant (JGIG) in the amount of $146,250 phased over five years ($29,250 per year). 2. Project Coral - Letter of Intent The Board authorized having the County Administrator send a letter of Intent to offer Project Coral: (1) An Ad Valorem Tax Abatement phased over six years subject to Board approval at a public hearing, Project Coral making an approximate capital investment of $1,500,000 in capital improvements in St. Lucie County and Project Coral employing 28 persons at an average hourly wage of $20.16 (estimated value of current fiscal year exemption =$12,090.75) (2) A Job Growth Investment Grant of $52,500 phased over five years ($10,500 per year). 3. Road Impact Fee Credit Agreement 10-002, Sebastiano and Cecilia Gazzara The Board approved Road Impact Fee Credit Agreement 10-002 and authorized the Chairman to sign documents as approved by the County Attorney. E. HUMAN RESOURCES Prison Health Services Inmate HIV Medications Invoice for June, 2010 The Board approved payment of Prison Health Services invoice number PHS0007945 for HIV medications for the period of June 01, 2010 through June 30, 2010 in the amount of $32,377.83. F. GRANT/DISASTER RECOVERY Severe Repetitive Loss Program -Agreement The Board approved the Chairman to sign a Severe Repetitive Loss (SRL) Consultation Agreement with one homeowner. 3 G. HOUSING & COMMUNITY SERVICES Housing Division: 1. Award of Community Development Block Grant (CDBG) Bids The Board approved of the bid awards for four replacement housing projects under the St. Lucie County CDBG Grant, and authorized the Chairman to sign documents as approved by the County Attomey, as outlined in the agenda memorandum. 2. Request for Qualifications (RFQ) for Engineering Services The Board approved advertising two RFQ's for engineering services, and authorized the Chairman to sign documents as approved by the County Attomey, as outlined in the agenda memorandum. Library: 3. State Aid to Libraries Grant and Annual Plan of Service The Board approved submitting the annual State Aid to Libraries Grant, approved the Library's required Annual Plan of Service and authorized the Chairman to sign documents approved by the County Attomey. H. SOLID WASTE CDM Work Authorization for plasma permits modifications. The Board approved CDM Work Authorization for engineering services related to landfill permit modifications associated with the plasma arc gasification project for a lump sum of $670,610 and authorized the Chairman to execute documents as prepared by the County Attorney. The expenditures are contingent upon the execution of a Ground Lease Agreement with Geoplasma defining these terms. MANAGEMENT & BUDGET Purchasing Division: 1. Bid No. 10-033, Construction of the Intermodal Transfer Station The Board approved awarding Bid No. 10-033, Construction of the Intermodal Transfer Station, to the lowest responsive and responsible bidder, Sisca Construction Services, LLC of West Palm Beach, in the amount of $1,797,000.00 and authorized the Chairman to sign documents as approved by the County Attomey. 2. Resolution No. 10-157, Purchasing Policy Manual Revisions The Board approved Resolution No. 10-157, Purchasing Policy Manual Revisions 3. Bid No. 10-035, Pest Control Services The Board approved awarding Bid No. 10-035, Pest Control Services, to the lowest responsive and responsible bidder, VanWal Services of Port St. Lucie, and authorized the Chairman to sign documents as approved by the County Attomey. 4. Bid No. 10-046, Median and Right-of-Way Maintenance The Board approved awarding Bid No. 10-046, Median and Right-of-Way Maintenance, to the lowest responsive and responsible bidder, Valley Crest Landscape of Fort Pierce, and authorized the Chairman to sign documents as approved by the County Attorney. 5. Request for Proposals (RFP) No. 10-025, MLKIDreamland Park Interactive Fountain The Board approved the short-listed firms for MLK/Dreamland Park Interactive Fountain and authorized to: 1. Conduct oral presentations with the short-listed Contractors; 2. Award contract to the successful short-listed firm and authorization for the Chairman to sign the documents as prepared by the County Attorney. 4 Bid No. 10-041, Purchase of Asphalt The Board approved awarding Bid No. 10-041, Purchase of Asphalt, to Ranger Construction of Fort Pierce and Dickerson Florida, Inc. of Fort Pierce and authorized the Chairman to sign documents as approved by the County Attorney. 7. Bid No. 10-048, Purchase of Concrete Culvert Pipe The Board approved awarding Bid No. 10-048, Purchase of Concrete Culvert Pipe, to Quality Culvert of Astatula, Florida and authorized the Chairman to sign documents as approved by the County Attomey. 8. Fixed Asset Inventory -Property Record Removal The Board authorized removing 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. MANAGEMENT & BUDGET CONTINUED Bid No. 10-049, Transportation & Disposal of Landfill Leachate The Board approved awarding Bid No. 10-049, Transportation & Disposal of Landfill Leachate, to Accurate Septic Services, Inc. of Fort Pierce and T. Wayne Hill Trucking, Inc. of Bartow for transportation and Everglades Waste Removal Services of Fort Lauderdale, and Water Recovery, LLC of Jacksonville for disposal and authorized the Chairman to sign the documents as approved by the County Attorney. 10. Bid No. 10-038, Fire Alarm Testing, Monitoring & Inspection The Board approved awarding Bid No. 10-038, Fire Alarm Testing, Monitoring & Inspection, to the lowest responsive and responsible bidder, Reliant Fire Systems, Inc., of Port St. Lucie, and authorized the Chairman to sign documents as approved by the County Attorney. 11. Fixed Asset Inventory -Property Record Removal The Board authorized removing the attached records from the fixed asset inventory of the St. Lucie County Property Appraiser's Office. VII. PUBLIC HEARINGS A.-E PUBLIC WORKS Engineering Division: The Grove, Indian River Estates, Palm Grove, Southern Oaks, and Meadowood Street Lighting Districts Consider staff recommendation to approve to adopt Item No. VII-A Resolution No. 10-183, Item No. VII-B Resolution No. 10-184, Item No. VII-C Resolution No. 10-185, Item No. VII-D Resolution No. 10-186, and Item No. VII-E Resolution No. 10-177, as outlined in the agenda memorandum. A. Resolution No. 10-183- The Grove Ms. Karen Brenard area resident addressed the Board and advised them she had received two letters regarding the proposed assessment due to the fact she borders two developments. She stated she presently pays FPL for 10 streetlights on Sunshine Blvd. and stated she is now being assessed for 10 street lights at the entrance of the condos. Staff advised Ms. Brenard they were assessing only for the 10 that were in place since 1982 and did not know or have an explanation as to why she is being assessed for an additional 10. Com. Grande recommended continuing this item giving staff time to find out if there is a double billing problem. Staff was directed to work with the resident. 5 It was moved by Com. Dzadovsky, seconded by Com. Coward, to continue this item on September 7, 2010 at 6:00 pm. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. B. Resolution No. 10-184 -Indian River Estates Mr. Larry Quettsberg, area resident, addressed the Board and stated there were many foreclosures and bankruptcies in the area and due to this there will be less people to assess. He inquired why street lights needed to remain on through the night. Mr. Luke Pelletier, area resident, advised the Board FPL was freezing rates for two years. He provided the Board with information taken from the Intranet regarding solar street lighting. He stated he was aware of the franchise fee collected by the Board and questioned what these fees were used for. The Management and Budget Director advised Mr. Pelletier the franchise fees were utilized for the funding of areas in Public Works, Parks and Recreation and county buildings. It was moved by Com. Lewis, seconded by Com. Dzadovsky, to approve Resolution No. 10-184, and; upon roll call, motion carried unanimously. C. Resolution No. 10-185 Palm Grove Ms. Kathryn Lynberger, Palm Grove resident, addressed the Board and also stated she had received two letters. She expressed her concern with the different figures on the trim notice as opposed to the figures in the letters. Corn. Lewis advised Ms. Lynberger the trim notices do not reflect the pending changes. Corn. Grande advised Ms. Lynberger the process is being changed from the value of each property to an equal assessment for each home. It was moved by Com. Coward, seconded by Com. Dzadovsky, to continue this item on September 7, 2010 at 6:00 pm. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. D. Resolution No. 10-186 Southern Oaks It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 10-186 and; upon roll call, motion carried unanimously. E. Resolution No. 10-177- Meadowood It was moved by Com. Lewis, seconded by Com. Dzadovsky, to approve Resolution No. 10-177, and; upon roll call, motion carried unanimously. F. SOLID WASTE Resolution No. 10-162 -Final Assessment Resolution Consider staff recommendation to approve adoption of Resolution No. 10-162 Solid Waste Final Assessment Resolution and authorization for the Chairman to sign documents as prepared by the County attorney. It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 10-162 and; upon roll call, motion carried unanimously. VIII. COUNTY ATTORNEY Amended and Restated Interlocal Agreement between the County and the City of Fort Pierce -Parks MSTU Consider staff recommendation to approve the Amendetl and Restated Interlocal Agreement and authorize the Chairman to sign the Agreement. The County Attorney addressed the Board on this item and reviewed the blackline changes. 6 It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve the agreement between the County and the City of Ft. Pierce, and; upon roll call, motion carried unanimously. IX. HUMAN RESOURCESIRISK MANAGEMENT Resolution No. 10-206 Adopting the Revised Employee Flexible Benefits Plan Document and Summary Plan Description Consider staff recommendation to approve Resolution No. 10-206 Adopting the Revised Flexible Benefits Plan and Summary Plan Description and authorization for the Chairman to sign Resolution No. 10-206. It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve Resolution No. 10-206, and; upon roll call; motion carried unanimously. X. HUMAN RESOURCESIRISK MANAGEMENT Prison Health Services Inmate Health Care Invoice, FY2010 Third Quarter. Consider staff recommendation to approve payment of Prison Health Services invoice number PHS0007956 for the Third Quarter of FY2010, in the amount of $410,957.71 and budget amendment no. BA10-031 transferring $1,000,000 from the Reserve Fund to the Inmate Medical Fund. It was moved by Com. Craft, seconded by Com. Dzadovsky, to approve staff recommendation, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 7 AGENDA REQUEST C O C.I NT Y '`~ F L a R [ D A~ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. IV-A DATE: September 7, 2010 REGULAR [x ) PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 10-238 - "WORKFORCE DEVELOPMENT MONTH" BACKGROUND: Odaly Vittorio, Communications Coordinator with Workforce Solutions has requested that this Board proclaim the month of September 2010 as "WORKFORCE DEVELOPMENT MONTH" in St. Lucie County, Florida. The attached Resolution No. 10-238 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-238 as drafted. COMMISSION ACTION: CONCURRENCE: ~ APPROVED (]DENIED - [ ]OTHER: ~- Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals -~ [X] County Attorney: Daniel S. McIntyre RESOLUTION NO. 10-238 A RESOLUTION PROCLAIMING THE MONTH OF SEPTEMBER 2010 AS "WORKFORCE DEVELOPMENT MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Meaningful employment is fundamental to maintaining a healthy and vibrant economy as well as to providing Florida's Research Coast residents with a sense of self-worth and contribution to their families and communities. 2. The people of the Research Coast are this area's greatest asset and vital to our ability to expand economic opportunities and firmly establish the Research Coast as a global leader in the 21St century. 3. Last year 52,353 distinct individuals on the Research Coast received services from one of 19 access points, 1,373 internal job orders were created and 20,763 services were provided to employers on the Research Coast. 4. The dedicated men and women of Workforce Solutions (Workforce Development Board of the Treasure Coast) who support the workforce talent needs of the Research Coast in partnership with the state workforce development system, which includes Workforce Florida, Inc., the Agency for Workforce Innovation, 23 other Regional Workforce Boards with nearly 70 additional One-Stop Career Centers working with business, education, labor, economic development government community-based and other critical partners, are committed to assisting our state during these extraordinary economic times by providing exemplary career training and employment assistance to more than 1 million Floridians annually. 5. EmployFlorida.com, known as the Employ Florida Marketplace receives 8 million hits daily and is the state's powerful online job matching and labor market information exchange tool, lists tens of thousands of job openings and provides employers access to nearly 200,000 resumes, is available 24 hours a day, seven days a week to assist people seeking new jobs and employers seeking new talent at no charge, and serves as an essential resource of the state workforce system and a gateway to additional services available to enhance Florida's workforce talent. 6. Florida's workforce system continues to serve as a national model for innovation and has been recognized with honors such as an International Economic Development Council Excellence Award for initiatives including Employ Florida Banner Centers, which serve as statewide, go-to resources for developing cutting-edge training with industry input to bolster skilled talent in sectors that diversify Florida's economy. 7. The volunteer leaders and workforce professionals within the state workforce system remain firmly committed to the top priority of helping unemployed Floridians get back to work and assisting those who are employed with advancing within their professions while maintaining the system's demand- driven, business-led focus and strengthening Florida's Talent Supply Chain to secure a more sustainable and vibrant economic future for our state. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of September 2010 as "WORKFORCE DEVELOPMENT MONTH" in St. Lucie County, Florida. 2. This Board encourages the citizens of St. Lucie County to join the Research Coast's Workforce Solutions in celebrating and observing the month of September 2010 as "WORKFORCE DEVELOPMENT MONTH". PASSED AND DULY ADOPTED this 7`h day of September 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY CONSENT AGENDA ITEMS `,,, 08/27/10 FZABWARR FUND TITLE 001 001113 001190 001194 001508 001509 001510 001511 001512 001515 001517 001518 101 101002 101003 101004 101006 102 102001 102812 104 105 107 107003 107005 107006 107166 107205 107206 129 130 130102 130103 130105 130107 130207 130210 130211 130212 140 160 170 183 183001 183006 185010 189101 189102 ST. LUCIE COUNTY - BOARD WARRANT LIST #48- 21-AUG-2010 TO 27-AUG-2010 FUND SUMMARY EXPENSES General Fund CDBG Supp Disaster Recovery Subgran FTA Sec 5307 - Buses 05/06 U.S. Dept of Housing & Community FTA Buses US Dept of Housing CDBG 09 CSBG FY 2009-2010 ARRA CSBG 2009 Neighborhood Stabilization Program FDCA EMPA FY10 HUD Shelter Plus Care Section 112/MPO/FHWA/Planning Transportation Trust Fund 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 Stormwater Ph 3 Grants & Donations Fund Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Legal Aid F&F Fund-Court Related Technology 2009 Paul Coverdell Forensic Scienc Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt Parks MSTU Fund SLC Public Transit MSTU FTA 5307-ARRA 2009 Capital Projects FTA 5316 Job Access And Rev Commute FTA 5307-2 2009 Cap & Oper FTA 5311 Block Grant FDOT Fized Route Grant FDOT 5311 Block Grant FDOT Service Dev TCC USl Route FCTD TRIP Grant Airport Fund Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Guardian Ad Litem Fund FHFA SHIP 2008/2009 Home Consortium FY 2008 Home Consortium 2009 590,830.07 174,693.20 217.58 6, 809.10 679.00 32,904.00 10,014.33 1,267.00 98,000.79 3,300.00 11,752.80 140.70 1,142.38 16,594.13 29,676.09 6, 756.57 31,762.86 32, 676.53 2,328.21 1, 900.00 150,135.23 2,170.70 102,630.35 2, 529.78 8,757.17 15,663.51 79,857.30 795.00 9, 656.92 2,653.35 12,902.40 691.44 43,293.77 154,328.25 8,841.83 28,704.67 36,474.42 22,001.83 28,090.28 2,436.54 239.12 20,773.73 5,060.59 230.80 15,390.14 1,757.75 1, 900.00 8,876.60 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,384.00 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 08/27/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #48- 21-AUG- 2010 TO 27-AUG-2010 FUND SUMMARY FUND TITLE EXPENSES 296 No Lennard Rd 1 20,889.47 297 No Lennard Rd 2 16,737.73 298 No Lennard Rd 3 15,737.73 310001 Impact Fees-Library 6,767.33 315 County Building Fund 6,488.95 316 County Capital 999.49 318 County Capital-Transportation Bond 269,773.38 401 Sanitary Landfill Fund 68,551.76 418 Golf Course Fund 4,619.79 451 S. Hutchinson Utilities Fund 517.00 461 Sports Complex Fund 19,287.38 471 No County Utility District-Operatin 44,406.39 491 Building Code Fund 604.42 505 Health Insurance Fund 902,233.00 611 Tourist Development Trust-Adv Fund 146.51 625 Law Library 190.75 665 SLC Art in Public Places Trust Fund 250.00 801 Bank Fund 7,982.40 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1, 633.70 0.00 0.00 0.00 0.00 GRAND TOTAL: 3,206,472.29 3,017.70 09/03/10 FZABWARR FUND TITLE 001 001113 001176 001194 001509 001510 001511 001512 001513 001518 001519 101 101001 101002 101003 101004 102 102001 107 107001 107002 107003 107006 107163 107205 107206 111 112 113 114 116 117 119 120 122 123 126 127 128 130 130102 136 138 139 140 140001 150 160 ST. LUCIE COUNTY - BOARD WARRANT LIST #49- 28-AUG-2010 TO 03-SEP-2010 FUND SUMMARY EXPENSES General Fund CDBG Supp Disaster Recovery Subgran FTA Section 5303 F/Y06 U.S. Dept of Housing & Community US Dept of Housing CDBG 09 CSBG FY 2009-2010 ARRA CSBG 2009 Neighborhood Stabilization Program EITC CSBG T&TA Program Section 112/MPO/FHWA/Planning CDBG FY 2008 Disaster Recovery Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80a Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology USDOJ SCAAP 2009/2010 Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund The Grove Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting SLC Public Transit MSTU FTA 5307-ARRA 2009 Capital Projects Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Airport Fund Port Fund Impact Fee Collections Plan Maintenance RAD Fund 660, 480.74 33,089.07 220.89 55.51 17,411.94 7, 045.88 2,284.59 117,903.43 9, 520.00 3,427.45 273.76 12,362.58 0.00 45,887.80 44, 629.20 37,481.52 20,346.17 42,274.14 159, 647.03 325.49 9,722.46 525.00 11,123.00 38,488.74 1, 235.97 9, 879.02 2,795.17 604.86 234.14 514.36 572.76 142.43 873.71 177.07 993.50 361.07 124.36 381.31 506.50 595.97 1,212.60 1, 776.63 259.83 754.29 5, 768.46 9.00 437.00 900.95 PAGE PAYROLL 505,240.17 0.00 488.52 310.59 1,717.80 0.00 1,157.60 3, 773.82 0.00 10,936.18 1, 541.61 49, 602.50 1,237.60 44,153.80 21,851.64 15,945.56 63,273.98 9, 909.20 136,854.11 1, 122.83 1,122.83 0.00 8, 736.95 0.00 2, 076.00 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 2, 085.83 0.00 0.00 0.00 0.00 11,486.56 0.00 1, 523.20 3, 110.46 1 09/03/10 FZABWARR FUND TITLE 183 183001 183004 185010 189100 189101 189102 210 216 310001 316001 362 401 418 451 458 461 471 478 479 491 505 505001 611 625 665 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #49- 28-AUG-2010 TO 03-SEP-2010 FUND SUMMARY EXPENSES Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FHFA SHIP 2008/2009 Home Consortium Home Consortium FY 2008 Home Consortium 2009 Impact Fees I&S County Capital I&S Impact Fees-Library 5th Cent Fuel-Capital Sports Complex Improv Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library SLC Art in Public Places Trust Fund Bank Fund GRAND TOTAL: 973.88 420.00 1,553.02 164.10 1,059.98 1, 707.19 4,380.00 249,446.77 116,090.39 3,228.99 65,420.28 215,032.58 35,255.92 11,376.07 22,042.39 189.93 59,317.56 3, 858.58 381.21 429.59 5,502.48 258,401.43 1,426.91 552.20 9, 547.60 250.00 217,275.61 2, 590, 922 . O1 PAGE PAYROLL 3,105.65 0.00 5,404.72 0.00 0.00 1,717.81 0.00 0.00 0.00 0.00 0.00 0.00 51,809.89 18,856.27 3, 524.03 659.55 17,549.13 7,718.19 1, 322.99 1,488.23 17,463.18 1,186.40 4, 929.37 1, 901 . Ol 0.00 0.00 0.00 1,037,895.76 2 ~-'' AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Contract for Sale and Purchase Midway Road Improvements Four-Caning of Midway Road from South 25`h Street to Selvitz Road WMW, LLC -Parcel I.D. 3405-411-0003-000/5 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: Funds will be made available in: Impact Fees -Right-of--Way - 101006-4116-563007-4118 Impact Fees -Title - 101006-4116-561002-4118 PREVIOUS ACTION: April 11, 2006 -Agreement with H.W. Lochner, Inc. for design and permitting Four-Caning of Midway Road from East of Turnpike Bridge to South 25`h Street. RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from WMW, LLC, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. COMMISSION ACTION: [x.] APPROVED [ ]OTHER Approved 5-0 [x] County Attorney: Daniel McIntyre [x] Originating Dept: ~~rn~" JoAnn Riley [ ]DENIED ITEM NO. VI-B-1 DATE: September 7, 2010 REGULAR [] PUBLIC HEARING Leg. [ ]Quasi-JD [ ] CONSENT [ X] CONCURRENCE: Faye W. Outlaw. MPA County Administrator Review and Approvals [x] Engineering: [x] Public Works: ~I'~ Michael Pow ey Don We [x] County Surveyor:/~/~ [ ]Road & Bridge: Ron Harris Don Pauley PROPERTY ACQUISITION DIVISION 1VI~IVIORANDUIVI TO. Board of County Commissioners FROM JoAnn Riley, Property Acquisition Manager DATE September 7, 2010 SUBJECT; Contract for Sale and Purchase Midway Road Improvements Four-Laning of Midway Road from South 25th Street to Selvitz Road WMW, LLC -Parcel I.D. 3405-411-0003-000/5 BACK6ROUND~ St. Lucie County is in the process of a Road Improvement Project to widen Midway Road from South 25th Street to Selvitz Road. The proposed design is for a four (4) lane divided urban section with a 6' sidewalk on the north side and a 12' multi-use path on the south side. The footprint for Midway Road will need to accommodate in the future two additional lanes in accordance with St. Lucie County's Long Range Transportation Plan. We will construct stormwater management facilities (ponds) to accommodate the additional roadway drainage. The WMW, LLC property, as shown on the attached map, is 2.68 acres and outlined in red was designated ns one of these pond sites. Two appraisals were done by the County's independent appraisers. Fuller-Wagner-Armfield valued the property at $1,050,000.00 and Deighan Consultants appraised the property for $1,200,000.00. The County presented a Contract to WMW, LLC for $1,125,000.00. WMW, LLC submitted a counteroffer of $1,150,000.00, which Mr. Fuller said was in his range of value. We have attached the Contract for Sale and Purchase for your review and approval. RECOMMENDATION: Stuff recommends the Board approve the Contract for Sale and Purchase from WMW, LLC, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. Respectfully submitted, c.~ nn Riley Property Acquisition Manager Midway Road Impro~rements -WMW, LLC N N W MIDWAY RD GRAY TWIG LN ~ ~ J N ~a to ~r--~ /' ~ 1 I RAINBOW DR `~ ~ ~`` w / U ~, I ~ \~ ~ 1 ~ l ~ ~~ ~ ~ i RIVER BRANCH D~~ ~ ~ ~, ~ i ~- Legend ~ 250 goo p~w,~,n~ ~ ~..~o,.m.~~ ~..~«.ry , N ~ ~ ~ ~ I Feet s~,.~,~t.~~n~~, ~~~,»,~n WMW, LLC property Map prepared August 19, 2010 DISCLAIMER St. Wde County makes rq warranty. rep2serrtatron or guararny as to the content, sequence, accuracy, timeliness, or comdeteness of any pf the peotlata iMOmration pmvitled herein. The reader should not rely on [he data pmvitled herein for any reason. SL Lucie County explicitly disclaims any representatrons and wartanties, inGUding. without limitation, the implied wartaMies of merchantability and fitness for a particular purpose. S[. Lucie County shall assume rro Iiaoilfty for: 1. Any errors, omissions. or inaccuracies in the infomlabon provided regardless pf how :aused: or 2. Any tleQSron matle or action taken or not taken by any person in reliance upon anV infom+atlon pr data furnished hereUntler. c ~ ~- ~ g - 3a'1 PROJECT NAME: Midway Road Improvement Project PARCEL: WMW, LLC -Parcel l.D. 3405-411-0003-00015 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THlS AGREEMENT made this ~~ day of 'J , 2010, WMW, LLC, c/o MAUREEN A. ZELINKA whose mailing address is 12201 RiverBend Court. Port St. Lucie, FL 34984 hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" to be used for right-of-way and stormwater purposes, together with all improvements and personal property located thereon as may .hereinafter be specifically described . 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full .purchase price One Million, One Hundred°Pwe~#~ive Thousand and 00/100 Dollars, I ~ ~ ~ 0 t C~CX~, Do determined to be the total of the following: ( ) Real Property Parcel l.D. 3405-411-0003-000!5 a~ ~~~ nno_o0 _ Other improvements upon the Land (described, if any) N/A Other (describe) NIA payable in Cash or Cashier`s check at the time of closing; plus or minus credits, -- adjustments and prorations as of the date of closing. 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying the subject real property to PURCHASER. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon rat any existing mortgage shall be borne by PURCHASER. 3. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlierthat the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Shou Id PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of -all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliverto PURCHASER a Mechanic's No-Lien Affidavit as to realty. 6. PROBATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as ofthe date of closing. Credits and cha s for the day of closing shall belong to and be borne by the SELLER. 2 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. C 1- ~ ~' ~ The closing shall be on or before ~J~6-ZA~~at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, eac h to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. __ _ 13. DEFAULT. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have because of such default of SELLER. If PURCHASER fails to perform hereunderwithoutfaultofSELLER, all monies paid hereundermayberetained by SELLER as liquidated damages which shall be in lieu of all other remed/i 3 allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract of title continued, at the expense of the PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of the SELLER to execute the deed or any other required document, shall be deemed default of the SEL R. 4 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) SELLER warrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property. (c) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER wil l not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. (d) Neitherthe whole nor any part of the subject property is now, and at the closingwill be, in violation of anycode, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (e) There are no encroachments thereof. (f) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shalt at its sole cost - __ and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining s uch attorneys or other persons as may be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieve from all 5 obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws andlor regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this ~ 3 day of ~ ~ , 2010. LLC 'J -- _ _ __ B .. ~-' /' / /~ :~%`" ~' ~,. ""It's /~ / 6 STATE OF ~~ ~ ~ D' ~ ) COUNTY OF S ~ !_t_~C t The foregoing instrument was acknowledged before me this ~~ day of S I , 2010, by WMW, LLC Maureen A. Zelinka, it's who is na ly nown o who has produced a drivers license issued within the last five years as identification. My Commission Expires ~;~a,a % PHTRIC{A C. ROCHERfEU nc: I- ~ F~''' ~ Q¢,4~11::~irtk~ ~: nj? ~Ah1~1 ~ H' _ . •, ',,; of ~~,;- tcrnieJ 7hru Natary Puhht Untlervtriter EXECUTED by PURCHASER this ATTEST: DEPUTY CLERK ,,~~(... Notary Public (Printed, Typed or Stamped Name of Notary Public) day of 2010 BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS County Attorney 7 EXHIBIT "A" Commencing at a point 40 feet South and 35 feet West of the Northeast corner of the Southeast 1/4 of Section 5, Township 36 South, Range 40 East, Said point being the Point of Intersection of the West Right-of-Way line of South 25th Street, and the South Right-of-way fine of Midway Road, run thence Westerly along said South Right-of-Way of Midway Road a distance of 435.60 feet to a point; turn thence and run South 300 feet, more or less, to the North line of Twelve Oaks Estates as .per Plat thereof recorded in Plat Book 16, Page 26 of the Public Records of St. Lucie County, Florida; turn thence and run Easterly along the aforesaid North line of Twelve Oaks Estates 436.60 feet, more or less, to the West Right-of- Way fine of South 25th Street; run thence and run Northerly 300 feet, more or less, to the Point of Beginning. Less and Excepting therefrom: A strip of land lying in Section 5, Township 36 South, Range 40 East, St. Lucie County, Florida and being more particularly bounded and described as follows: Commence at the East 1/4 corner of said Section 5, thence South 00 degrees 12 minutes 58 seconds East, along the East line of said Section 5, a distance of 40.82 feet; thence South 89 degrees 50 minutes 45 seconds West, a distance of 35.00 feet to the intersection of the West Right-of-Way of South 25th Street and the South Right-of-Way of State Road No., 712, said point being the Point of Beginning; thence continue South 89 degrees 50 minutes 45 seconds West, along the South Right-of-Way fine of State Road 712, a distance of 435.60 feet; thence South 00 degrees 12 minutes 58 seconds East, a distance of 20.00 feet; thence North 89 degrees 50 minutes 45 seconds East parallel with the South Right-of-Way of State Road No, 712 a distance of 400.10 feet; thence South 07 degrees 27 minutes 45 seconds East, a distance of 281.44 feet, to a point o the West Right-of-Way of South 25tt' Street; thence North 00 degrees 12 minutes 58 seconds West, along said West Right-of-Way of South 25th Street, a distance of 299.16 feet to the Point of beginning. /~ S EXHIBIT "B" SCHEDULE OF LEASES, TENANCIES AND OCCUPANC~I/ES 't 1 ~~~ 9 EXHIBIT "C" CONTRACTS, LICENSES AND AGREEMENTS ~~' ~~ 10 EXHIBIT "D" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS ti~ al 11 DEIGHAN CONSULTANTS 14 Emarita Way Stuart, FL 34996 Daniel K. Deighan, CGA, MAI Robert Kunkle, CGA State-Cert. Gen. Appr. RZ244 State-Cert. Gen. Appr. RZ3185 PHONE: (772) 221-3650 deighan@bellsouth.net FAX: (772) 221-3649 Please Reply to Stuart Office LETTER~F TRAI'~SMITTAL 3uly 27, 2010 St. Lucie County Board of County Commissioners St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attn.: Ms. JoAnn Riley, Property Acquisition Manager Re: Summary Appraisal Report The WMW Property At The SW Corner Of West Midway Road and 25m Street Fort Pierce, Florida 34981 Our File #DKD-2010-017 Dear Ms. Riley: As requested, to provide an opinion of the market value of the above-cited subject property, we have inspected the property, its economic environment and surrounding neighborhood, researched and inspected sales and offers of similar properties, and studied all other pertinent factors. The purpose of this assignment has been to develop an opinion of the market value of the fee simple estate value for the subject property, as of July 13, 2010. The function of this report is for your use in internal decision-making. The opinions and conclusions have been developed solely with consideration, therefore, for that function and do not address requirements for any other use or by any other party. Please refer to the assumptions and limiting conditions in this regard. This format represents a summary appraisal report of the property, subject to the guidelines and requirements promulgated by the Uniform Appraisal Standards for the Board of Trustees Land Acquisitions and Supplemental Appraisal Standards appertaining thereto. This format and the procedures followed by the appraiser are intended to conform to the Standards of Professional Practice and Guidelines of the Appraisal Institute for summary reports [2-2(b)]. Ms. Riley July 27, 2010 Based on all pertinent information, the investigation, and analyses, we have concluded a market value of the fee simple estate for the subject property, as is, as of July 13, 2010, to be: $1,200,000 The scope of this assignment includes assessing a reasonable exposure time for the subject property, considering historic, prevailing and projected market and economic conditions, and based on the analyses and conclusions inherent in the appraisal of the subject property. The conclusions are stated in the body of the report. The preceding statement is predicate upon any and all assumptions and limiting conditions contained within this appraisal report. In regard to Compliance with the Competency Provision of the USPAP, I have been appraising these types of properties in this area for more than 25 years. Enclosed is an appraisal report, which describes the property appraised, and shows the valuation procedures used at amving at the preceding value conclusion. I appreciate the opportunity to have been of service to you. If you have any questions please call. Very truly yours, DEIGHAN CONSULTANTS ~~~. Robert Kunkle State-Cert. Gen. Appr. #3185 4~ t Darnel K. Deighan, MAI State-Cert.Gen.Appr. #244 rk/dkd Enclosure 2 SITMMARY OF "SALIENT FACTS AND CONCLUSIONS County: St. Lucie Property Owner: WMW LLC Site Size: 115,724 SF (2.657 acres) Improvements: None Land Use/Zoning: CommerciaUCG (Commercial General) Highest and Best Use: As Vacant: Commercial Use As Improved: N/A Date of Value: July 13, 2010 Final Esfimate of Market Value: $1,200,000 Assessed Value 2009: $790,900 Taxes: $15,377.87 (plus $25.00 Special Assessments) Land Size Assessed: 2.657 acres Property Inspection(s): July 5, 2009 by Daniel K. Deighan, MAI, unaccompanied, and Robert Kunkle CGA on August 6, 2009, unaccompanied. Robert Kunkle made an update inspection on July 13, 2010 at which time he was accompanied by Dan Fuller, MAI. Utilities Available: Telephone, electricity, water, sewer is available at Jorgenson Road, 850' to the north. Flood Zone: Zone X, Map Panel #12111C 0280 F Property Rights Appraised: Fee Simple Estate Reasonable Exposure Time: 12+ months 4 FULLER-ARMFIELD-WAGNER A~yraisal & Research, Inc. Daniel D. Fuller, MAY, SRA 120 N. Second St. Phone (772) 468-0787 St. Cert. Gen REA RZ 567 Fort Pierce, FL 34-950 1-800-273-7364 FAW_app@bellsouth.net Fax (772) 468-1103 August 23, 2010 St. Lucie County Board of County Commissioners C/o Ms. Jan LiCausi Property Acquisitions Agent 2300 Virginia Ave. Fort Pierce, FL 34982 RE:2.69+ acre site located at the southwest corner of Midway Rd. (S.R. 712) and South 25th Street, St. Lucie County, Florida. Dear Ms. LiCausi: Per your email of August 17, 2010, I reviewed my appraisal #19141 with an appraisal date of July 26, 2010, to ascertain if the County's contract price of $1,150,000 is within my range of value derived from the data analyzed. The contract price of $1,150,000 calculates to $9.81 per square foot. The sales//listings analysis adjusted to a range of value indications of $6.69 to $10.97 per square foot with the sales forming a range from $8.19 to $10.74 per square foot. Thus, the contract price is within the range of the value indications. I believe the above addresses your inquiry, but if questions remain, please contact me at your convenience. Sincerely, Daniel D. Fuller, MAI St. Cert.. Gen. REA RZ567 DDFlC: 19141/range of value AGENDA REQUEST ITEM NO. VI-Ba DATE: September 7, 2010 REGULAR[] PUBLIC HEARING Leg. [ J Quasi-JD [ J CONSENT [xJ TO. BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT,): County Attorney SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Award of RFP #10-034 -Appraisal Services Please see attached Memorandum Funding shall be project specific N/A PRESENTED BY: JoAnn Riley Property Acquisition Manager Staff recommends that the Board award RFP #10-034 to the following four firms: Callaway & Price, Inc., Florida Acquisition & Appraisal, Inc., Fuller-Armfield-Wagner Appraisal & Research, Inc., and PBS&J. Staff also requests that the Board authorize the Chairman to sign the Contracts as prepared by the County Attorney's office. COMMISSION ACTION: (~ APPROVED [ ]DENIED [ J OTHER Approved 5.0 ii /,,/ [x] County Attorney: r Daniel S. McIntyre [x) Originating Dept: J M~ JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [ ]Road and Bridge: Don Pauley [ ]Engineering: Mike Powley [ J Public Works: Don West [ ]OMB/Purchasing: Marie Gouin 5:\ACQ\WP\JOAnn\RFP'S\Appraisal Services\RFP 10-034\Agenda Request.wpd INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Mnnnger DATE: September 7, 2010 SUBJECT: Award of RFP #10-034 -Appraisal Services BACKGROUND: On June 30, 2010, submittals for RFP #10-034 - Appraisal Services were opened. One hundred and forty-two (142) companies were notified, sixteen (16) documents were distributed, and four (4) proposals were received. RECOMMENDATION: Staff recommends that the Board award RFP #10-034 to the following four firms: Callaway & Price, Inc., Florida Acquisition & Appraisal, Inc., Fuller-Armfield-Wagner Appraisal & Research, Inc., and PBS&J. Staff also requests that the Board authorize the Chairman to sign the Contracts ns prepared by the County Attorney's office. Respectfully submitted, ~~.,,,,~ ,J Ann Riley Property Acquisition Manager 5:\ACQ\WP\JOAnn\RFP'S\Appraisnl Services\RFP 10-034\Agenda Memo.wpd BOARD OF COUNTY COMMISSIONERS TABULATION SHEET - RFP #10-034 APPRAISAL SERVICES OPENED: JUNE 30, 2010 AT 3:00 PM FOUR (4) submittals were received for subject proposal: PURCHASING DEPARTMENT CALLAWAY & PRICE INC. Contact: Har D. Gra Phone: 772-464-8607 Fax: 772-461-0809 Address: 500 South U.S. H ., Suite 107, Ft. Pierce, FL 34950 FLORIDA ACQUISTION & APPRAISAL INC. Contact: Jack Curatelli Phone: 813-241-6354 Fax: 813-241-6395 Address: 2109 E. Palm Ave., Suite 104, Tam a, FL 33605 FULLER-ARMFIELD-WAGNER APPRAISAL & RESEARCH INC. Contact: Daniel D. Fuller Phone: 772-468-0787 Fax: 772-468-1103 Address: 120 N. Second St., Ft. Pierce, FL 34950 PBS&J Contact: Steven C. Malecki Phone: 813-282-7275 Fax: 813-282-8155 Address: 4030 West Bo Scout Blvd., Suite 700, Tam a, FL 33607 Number of companies notified*: 142 Number of bid documents distributed*: 16 Number of bids received: 4 *per demandstar.com CHRIS DZADOVSKY, District No.1 ~ DOUG COWARD, District No. 2 ~ PAULA A. LEWIS, District No. 3 ~ CHARLES GRANDE, District No. 4 ~ CHRIS CRAFT, District No. 5 County Administrator- FAYE W. OUTLAW, MPA 2300 Virginia Avenue -Fort Pierce, FL 349825652 -Phone (772) 462-1700 - TDD (772) 462-1428 Website: www.co.st-lucie.fl.us f AGENDA REQUEST ITEM NO. VI-B-3 DATE: September 7, 2010 REGULAR [ ] PUBLIC HEARING Leg. [ ]Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Contract for Sale and Purchase Permanent Utility Easement for Water and Forcemain HHHP Associated (Hendler/Schwartz) Parcel I.D. 2325-331-0003-000/2 and 2336-212-0021-000/2 BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: Account No. 471-3600-561007-300 Land -Right-of--way Acquisition PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the Contract for Sale and Purchase of a Permanent Utility Easement, authorize the Chairman to sign the Contract for Sale and Purchase, approve Budget Amendment BA 10-036 and direct staff to record the Permanent Utility Easement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: APPROVED [ ]DENIED [ ]OTHER Approved 5-0 /~ [x] County Attorney: ~~ Daniel McIntyre [x] Originating Dept: Sn"Q- JoAnn Riley CONCURRENCE: __~ Faye W. Outlaw, MPA County Administrator Review and Approvals [ ]Road and Bridge: [x] OMB: ~~ Robert O' ullivan/ Marie Gouin [ ]Public Works: ~~ [x] Utilities: Laurie Waldie PROPERTY ACQUISITION DIVISION 1VIEIVIORANDUIVI TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: September 7, 2010 SUBJECT: Contract for Sale and Purchase Permanent Utility Easement for Water and Forcemain HHHP Associated (Hendler/Schwnrtz) Parcel I.D. 2325-331-0003-000/Z and 2336-212-0021-000/2 BACKGROUND: The Utilities Department requested Property Acquisitions acquire a 20' Permanent Utility Easement from HHHP Associated for water and forcemain pipes that run along the eastern boundary of their property. Property Acquisitions has negotiated a Contract for Snle and Purchase for the Permanent Utility Easement, consisting of 26,259.9 square feet, for $15,000.00. Although the actual appraisal is $9,000.00 the proposed purchase amount is within the full range of compensation value, based upon nn appraisal prepared by Fuller-Armfield-Wagner Appraisal & Research, Inc., the County's independent appraiser. Given that the County has existing facilities within the easement area, staff believes that acquiring the easement at the proposed price is in the best interest of the County. The cost of condemnation would greatly exceed the purchase price. RECOMMENDATION: Staff recommends that the Board approve the Contract for Sale and Purchase of a Permanent Utility Easement, authorize the Chairman to sign the Contract for Sale and Purchase, approve Budget Amendment BA 10-036, and direct staff to record the Permanent Utility Easement in the Public Records of St. Lucie County, Florida. Respectfully submitted, C~.,,~ oAnn Riley Property Acquisition Manager D ~~ 0~ O; C3 N!G yT ~GZ ^ NS ~ y~ N••'- ~~ ~~ h~ ~~ ~~ 5~ ~Q- `~~ N YLu~oinpYr IM~d~Nment Seniiea Permanent Utility Easement ~ 6L~°i°~4°°~~~~~ri~,° i Map prepared August 24, 2010 „r ' PROJECT NAME: Permanent Utility Easement-Gordy Rond PARCEL NAME: Hendler/Schwartz-Tax I.D. No.2325-331-0003-000/2 & Parcel 2336-212-0021-000/2 CONTRACT FOR SALE AND PURCHASE PERMANENT UTILITY EASEMENT THIS AGREEMENT made this day of 2010, between HYMAN B. HENDLER and ALVIN D. SCHWARTZ. not individually, but as Co-Trustees under the provisions of a unrecorded trust agreement known as The Restated and Amended Revocable Land Trust Agreement for HHHP Associated dated January 2.1995.whose address is 900 NE Spanish River Blvd #4. Boca Raton. FL 33431-6168. hereinafter referred to as SELLER and, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS. 2300 Virginia Avenue. Fort Pierce. Florida 34982, hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, Seller agrees to sell and Purchaser agrees to purchase a certain 20-foot permanent utility easement located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price is Fifteen Thousand and 00/100 ($15,000.00), determined to be the total of the following: 20-foot Permanent Utility Easement Other (describe) 15 000.00 .00 payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. 2. EXPENSES. Purchaser shal I pay for recording fee on the permanent easement conveying the subject utility easement to Purchaser. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by Purchaser. TITLE. Purchaser shall obtain, at the Purchaser's expense, a commitment for title insurance from a title company of Purchaser's choice, certified to a date not earlier than the date hereof, showing good and marketable title thereto to be vested in the Seller, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by Seller at or before closing. Should Purchaser find on examination of said title commitment that Seller's title is not good and marketable, Purchaser shall notify Seller or his attorney in writing specifying the defects and Seller agrees to use reasonable diligence to make some good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, alf monies paid hereunder shall forthwith be repaid to Purchaser and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at Purchaser's option and Purchaser's request, Seller shall deliver the title in its existing condition upon compliance by Purchaser with the terms of the contract, and in such event Seller shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. Seller agrees to convey a 20-foot Permanent Easement to Purchaser free and clear of all liens and encumbrances. The form of the Permanent Easement is attached as Exhibit "8". 5. CLOSING. The closing shall be on or before September 28.2010 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid. 6. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by Purchaser and Purchaser shall notify Seller in writing of same at least seven (7) days prior to closing. 7. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modif icntions is sought. 8. DEFAULT. If Seller fails to perform hereunder without fault of the Purchaser, all monies paid hereunder shall be returned to the Purchaser upon demand but Purchaser shall not thereby waive any right or remedy he may have because of such default of Seller. If 2 Purchaser fails to perform hereunder without fault of Seller, all monies paid hereunder may be retrained by Seller as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 9. DEED RESTRICTIONS. Seller warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is-not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 10. ASSIGNMENT. This contract is freely assignable by the Purchaser, but no such assignment is binding upon Seller until an executed copy thereof is delivered to the Seller. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. il. DISBURSEMENT OF PROCEEDS. The Purchaser has elected to have the closing processed through the office of the Title Company issuing Title Insurance. The Title Company or Agent will accomplish disbursement so as to bring the transaction under Section 627.7841, Florida Statutes, to assure coverage of the period from the commitment to permanent utility easement, recording, provided delivery of the permanent utility easement and payment of the purchase price occur in the same day at the same time. 12. RECISION. Purchaser may rescind this contract if at the time of closing the Seller is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 13. EXISTING MORTGAGES. Seller hereby warrants that existing mortgages are in good standing and Seller further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release or subordination of the subject property from the mortgage at or before closing. 14. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of any one of the Sellers to execute the permanent utility easement or any other required document, shall be deemed default of the Seller. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLi=R this day of X010. tint Name ~ !!~ ~ c~ ' ~ J~ ~~ ri t Name c ~ .~~~~ STATE OF Eat/ ~.~?,C~ COUNTY OF -~,; ?r~ ~F ~~.,. DONALD . hiENDLER, of individuafl b t g5 C.o-Trusties .?~ FRED J. HENDLEF2, flat individual) but as Co-Tr steel. The foregoing instrument was acknowledged before me this ~ ~~ ~_U -~US , x'010, by DONALD J. HENbI.a:R cnd FRED J. HfNDLEl7, who ~s personally known to me ar who has produced issued within the (alt five years as identification. (NOTARY PUBl.rC) SEAL ,r„ _ - - , ANN MIIlKIN80N.. Netuy PYOIk • gWs ~ New Mbrlc N0.01WNNa01b87 Q kE Owens C Mf- CannNaloa ~/ - /~ ~,~/ Notary Public (Print, Type ar 5tgtnp Ngme of Notary Commission No: EXECUTED by PURCHASER this day of , 2010. ATTEST: BY: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS County Attorney 5:\ACQ\WP\Janet\EASEMENTS\Seminole TribelContract for utility easement 8- 2010.wpd ~`~~~~ a,~.~~x:~~et Ike . :~heet.~ r~,f2 .1~!r~ i~alid! -T~`~nut .,~: ~3reefs ~r 1 j ~~ ~ ~~ ;+ ~~~` ~ f '~~ ~ ~IC~ ~ wl ~~ r ~ a,9 , a -~: `~, i ~ .~ t ~ , 1 ~ ~ t .! 1 Kr l ,, al ~t^ I , -o ~ .~ r „_~ i of i ~. c: io k y I r ~~' G 1 PAR~i=L -2 T,~x ,:a:.~ :~zs-s~a- PQ~IT ~F ~ ~~ ~. 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FLAf~1Q-A .. ~.s 3r4tiR!'£R. ~, ;, a ~~u ~ SV6 lam r ~~ ~x ~. av ~~..'~ 'C "~'il~..~916 ~~`711 This instrument prepared by: Janet LiCnusi under direction of Daniel 5. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 "EXHIBIT B" FROM: The Restated and Amended Revocable Land Trust Agreement for HHHP Associated PARCEL I.D.: 2325-331-0003-000/2 and 2336-212-0021-000/2 PERMANENT UTILITY EASEMENT THIS PERMANENT UTILITY EASEMENT, made this day of 2010, by HYMAN HENDLER and ALVIN D. SCHWARTZ, not individually, but as Co-Trustees under the provisions of an unrecorded trust agreement known ns The Restated and Amended Revocable Land Trust Agreement for HHHP Associated dated January 2, 1995, whose address is 900 NE Spanish River Blvd #4, Boca Raton, FL 33431-6168, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter. referred to ns 6RANTEE. WITNESSETH That the GRANTOR for and in consideration of the sum of Fifteen Thousand and 00/100 ($15,000.00) Dollars and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the GRANTEE, its successors and assigns, a Permanent Utility Easement for the purpose of maintaining, repairing, placing awater/force main line within a ZO' Permanent Utility Easement upon that portion of certain lands owned by GRANTOR being described as follows: SEE ATTACHED EXHIBIT "A" TO HAVE AND TO HOLD the same unto said GRANTEE, its successors and assigns forever, and the GRANTOR will defend the title to said Innds against all persons claiming by, through or under said GRANTOR. Access to the above strip of land over the ad joing lands of the GRANTORS is hereby grunted, The 6RANTEE may remove, cut or trim trees, bushes, and saplings growing upon or extending over said strip of land so far as may be reasonably necessary in the maintenance, operation, repair, replacement or renewal of the above mentioned utility improvements. na buildings ar structures shall be erected or placed vn said strip of land by GRANTORS except for the two (2) existing wood power poles for the sign which shah be allowed to remain in the current location. IN WITNESS WHEREaF, the said grantor has signed and sealed these presents the day and year first aboue written. Signed, sealed, and delivered in our presence as witnesses: P. nt Name r ,~ 7 Pri me 1n STATE OF /1/Ew yc~2~C couNTY of = ~ DONALD J. H'ENDI.ER, not individually, but solely as cv-trustees FRED J. Hi=ND(..E ,not individually, but solely as co-trustees The foregoing instrurr-ent was acknowledged before me this /grN AUGUST _ 2030 l day of - , by ~QNALD J HENDLi=R and FRED J HENDL R not individually but as co-tr t who is personally known to me or who has produced a Drivers License issued within the last five years as identification. My Commission Expires: ANN WALKIN80N Notary Publle -State of New Yale IIC. 01 WI82D2587 OwwNd M Oweaa Cou Cortnnfsebn ExoMraa 'rte, ~{ary Public Type or StaMp Name of Notary 5.\ACQIWP\7pn¢}1Er~5£MEP1TS15emiroJe Tribe\UtlNfy Ecser~¢rn 8- ~OIO,wpd ~' + a~~~nt }~~~~- ~~n~ .~'~ .ice ~'o.~c Skre~t ~' A, 1Vvt G'trl~a!itfirtuz.,~'1~:~hi~ts .t ))~ ~ll~, ~ j ~~ .I. l 1 U ~~ 1 Y,. 1 I '1. .. ~.~.:~ 'I i , ~ ~. ,11 ~ ~ ,,, a1: ~tr`' ~ ~ ~f `, ~',,ti I ~. ~: ~ ~, ~~, q ~~ ~: ~" I I ~_~ 1 P~BSEt 2 TlcX t~; #' :23'25 '33)- ,. 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Daniel D. Fuller, MAI, SRA 120 N. Second St. Phone (772) 468-0787 St. Cert. Gen. REA RZ567 Ft. Pierce, FL 34950 1-800-273-7364 FAW_appQbellsouth.net Faz (772) 468-1103 Date: 2nd -ADDENDUM August 26, 2010 To: St. Lucie County Commissioners c/o Ms. Jan LiCausi, Property Acquisition Agent 2300 Virginia Ave. Fort Pierce, FL 34982 From: Daniel D. Fuller, MAI Re: 2"d -Addendum to Appraisal 19102, Hendler/Schwartz ownerships -Parcel 1 a 11.26+ acre tract of land, located east of the south end of Gordy Road south of Ten Mile Creek, St. Lucie County, FL, appraisal date March 24, 2010, and 15t Addendum date, June 14, 2010. Dear Ms. LiCausi - As per your request, this addendum is developed as an extension of the referenced appraisal report with the following extension of the Scope of Work. Because this is an Addendum to the referenced appraisal and 1St addendum. the date of appraisal remains March 24. 2010, all Ordinary Limiting Conditions Extraordinary Assumptions and Certification included in the reference appraisal are a1vplicable to this addendum, thus this addendum is an extension of the referenced appraisal and without the referenced appraisal and 1St addendum the opinions expressed in this addendum may not be adequately understood. As requested I have reviewed the referenced appraisal and 1S` addendum and my opinion of the value of the easement to be acquired remains as reported - Parcel 1 -owner: Hyman B. Hendler and Alvin D. Schwartz, tax parcel #'s 2325- 331-0003-000/2 & 2336-212-0021-000/2 Value conclusion - $9,000 Additionally, for the purposes of full compensation, I have reviewed the issue of the County's use of the property for the past approximate seven years without compensation to the property owner. It is my opinion that the property owner is due the equivalent of a rental payment for use of the property while ownership of the proposed easement area was in use. Page 2 The calculation of a lease rate using market parameters is as follows. Parcel 1 -value of fee simple interest $30,000/ac x area encumbered 26,259.9 square feet or 0.60284 ac = (rounded) $18,000 value fee simple interest of area encumbered. Market rental rate x 5.0% _ Annual Payment $900 Total payment seven years - $6,300 Total compensation - Easement acquisition - Parcel 1 - $ 9,000 Plus -lease compensation (total) - $ 6.300 Total Compensation $15,300 FULLER-ARMFIELD-WAGNER Janet Licausi From: Daniel D. Fuller, MAI [faw_app@bellsouth.net] Sent: Thursday, August 26, 2010 8:24 AM To: Janet Licausi Subject: Fw: Hendler/Schwartz ----- Original Message ----- From: Daniel D. Fuller, MAI To: Janet Licausi Sent: Monday, June 14, 2010 6:27 PM Subject: Re: Hendler/Schwartz Janet -actually Mr. Kindred's reported 26,259.9 SF encumbered for Parcel 1 is correct. I used an incorrect dimension for my calculation. Recalculating using the correct size changes my opinion of value for Parcel 1 to - $9,000 (rounded) The utility revenue stream is business, not in my area of expertise, but not typically considered when easements are obtained for utility service. Dan ----- Original Message ----- .From: Janet Licausi To: 'Daniel D. Fuller, MAt' Sent: Monday, June 14, 2010 4:29 PM Subject: Hendler/Schwartz Did I ever ask you if your option would change on the parcel if the sq ft was determined to different than what you mentioned in your appraisal. Mr. Kindred said the sq footage should be 26,259.9 sq ft instead of 23,300sq ft. I need to know this answer because I am writing him and want to put if your value would change or are we within a range of value. Also, he asked if the utility has a revenue stream with the water & sewer line. He said it wasn't mentioned in the appraisal and should it be a consideration. If you can answer as soon as you can. ~anet~I~atcs! Property Acquisition Agent 2300 Virginia Avenue Ft. Pierce, FL 34982 772-462-1725 77262-1440 fax Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and ~ or copying. Your e-mail cammunicatians will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Ms. LiCausi March 31, 2010 Page Ten Part Acquired -Valuation of Remained Remainder Parcel 1 - Again, the acquisition consists of an easement for utilities. As previously discussed, in my opinion, the effect of the easement on Parent Parcel 1 is not significant. The area encumbered is estimated to total some 23,300 square feet or approximately 0.54 acres. While I am unaware of recent sales, it is my opinion the rights acquired equate to an approximate 50% of the fee simple bundle of rights in the area of the acquisition. Based on 50% .acquisition of the rights within the area of the easement, the value of the acquisition is calculated as follows: $30,000/ac (fee interest) x 50% x 0.54 acres = (rounded) $8,100 Remainder Parcel 2 - Again as previously discussed, in my opinion, the effect of the easement on Parent Parcel 2 is less significant than the effect on Parcel 1 as Parcel 2 is already encumbered with an easement. However, my opinion of the market value of the Parent Parcel reflects the effect of the existing ingress /egress easement thus the acquisition is of a portion of the remaining rights. The area encumbered is estimated to total some 9,780 square feet or approximately 0.22 acres. While I am unaware of current sales, it is my opinion the rights acquired equate to approximately 50% of the remaining fee interest bundle of rights. Based on 50% acquisition of the rights within the area of the easement, the value of the acquisition is calculated as follows: $14,000/ac (fee interest) x 50% x 0.22 acres = (rounded0 $1,600 FULLER-ARNIFIELD-WAGNER BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Utilities PREPARED DATE: 8/27/2010 AGENDA DATE: 9/7/2010 ACCOUNT NUMBER ACCOUNT NAME TO: 471-3600-561007-300 Land-Right of Way Acq FROM: 471-9910-599300-800 Reserves REASON FOR BUDGET AMENDMENT: To cover expenses related to the CONTINGENCY BALANCE: NIA THIS AMENDMENT: N/A REMAINING BALANCE: N/A DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # 8~ INPUT BY: AMOUNT $15,800 $15,800 Road Utility Easement. BA10-036 AGENDA REQUEST ~~ CO(.iNTY F L O R I D A T0: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B.4 DATE: September 7, 2010 REGULAR [] PUBLIC HEARING [] CONSENT [XXJ PRESENTED BY: Daniel 5. McIntyre County Attorney UB CT: Rcsolution No. 10-242; Memorandum of Agreement with ~cpartment of Transportation for Improvcments within right- of-way of Sunrise Boulevard and Oleander Avenue BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff rccommends approval of Resolution No. 10-242, subject to the County Enginecr s approval of languagc in the ~cpartmcnt's Request for Proposals that adequatcly addresses the County's drainage concerns. COMMISSION ACTION: CONCURRENCE: [~ APPROVED [ ]DENIED [ ]OTHER: _ Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Manyement d~ Budget Purchasir~: Daniel 5. McIntyre Originating Dept. Public Works Dir: County Eng.: ~~ M~IcI ~'~-~{ Finance: (Check for copy only, if applicable) Eff. 5/96 -' ,~ COUNTY F L O R I D A INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel 5. McIntyre, County Attorney C.A. NO.: 10-1141 DATE: September 1, 2010 SUBJECT: Resolution No. 10-242; Memorandum of Agreement with Department of Transportation for Improvements within right-of- war of Sunrise Boulevard and Oleander Avenue BACKGROUND: The Florida Department of Transportation has received funding through the American Recovery and Reinvestment Act of 2009 to make improvements within the County right-of-way to Sunrise Boulevard and Oleander Avenue. The improvements consist of construction of bike lanes and sidewalks and milling and resurfacing. The County would be responsible for maintenance of the improvements once the project is completed. On August 17, ZO10, the Board approved a Memorandum of Agreement with the Department of Transportation that included added language requiring the Department to obtain n County right-of-way permit. The added language was not acceptable to the Department. The Department has expressed its intention to work with the County Engineer to address the County's drainage concerns in the Department's Request for Proposals, County staff is comfortable with this approach. The revised Memorandum of Agreement that is attached to this Memorandum does not include language requiring the Department to obtain a County right-of-way permit. RECOMMENDATION/CONCLUSION: Staff recommends approval of Resolution No. 10-242, subject to the County Engineer's approval of the language in the Department's Request for Proposals that adequately addresses the County's drainage concerns. DSM/caf Attachment Danie~( 5. McInty County Attorney RESOLUTION NO. 10-242 A RESOLUTION EXPRESSING THE DESIRE OF THE BOARD OF COUNTY COMMISSIONERS TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS WITHIN THE RIGHT-OF WAY OF SUNRISE BOULEVARD AND OLEANDER AVENUE; AUTHORIZING THE CHAIRMAN TO SIGN THE MEMORANDUM OF AGREEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the COUNTY has jurisdiction over Sunrise Boulevard and Oleander Avenue as part of the County Roadway System from Ohio Avenue to Virginia Avenue within the limits of the County; and WHEREAS, the DEPARTMENT seeks to install and have maintained by the COUNTY certain Highway improvements within the right of way of Sunrise Boulevard and Oleander Avenue as described within the Memorandum of Agreement; and WHEREAS, pursuant to §339.07 and 339.08, Florida Statutes and the American Recovery and Reinvestment Act of 2009 (ARRA), the DEPARTMENT is authorized to undertake a project within the COUNTY geographical limits and the COUNTY is desirous of having this improvement constructed; and WHEREAS, the said project is identified and known to the parties as the "Sunrise Boulevard, Oleander Avenue and N 29`" Street Roadway Improvements," Financial Project Identification Nos. 426385-1-52-01 and 428652-1-52-01, FAP Nos. ARRA-015-B and ARRA-676-B, which will benefit the COUNTY; and WHEREAS, in accordance with Federal law and Federal Highway Administration regulations issued pursuant thereto, there must be an agreement from the COUNTY to maintain the project; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida; Section 1: Memorandum of As~reement The Board of County Commissioners desires to enter into the Memorandum of Agreement attached as Attachment "A" and authorizes its Chairman to sign such Agreement. Section 2: Severabilitv I' In the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid or unconstitutional, the remainder of the resolution shall not be affected and it shall be presumed that the St. Lucie County Board of County Commissioners did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the Board of County Commissioners would have enacted the remainder of this resolution without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 3: Effective Date This Resolution shall be effective upon adoption by the Board of County Commissioners for St. Lucie County. After motion and second, the vote on this resolution was as follows: Charles Grande, Chairman XXX Doug Coward, Vice Chairman XXX Commissioner Chris Dzadovsky XXX Commissioner Chris Craft XXX Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED this 7~' day of September 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Attachment "A" SECTION No.: FM No.{s): COUNTY: S.R. No.: N/A 426385-1-52-O1 428652-1-52-O1 ST. LUCIE N/A DISTRICT FOVR HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 20 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and ST. LUCIE COUNTY, n political subdivision, existing under the Laws of Florida, hereinafter called the COUNTY. WITNESSETH: WHEREAS, the COUNTY has jurisdiction over Sunrise Boulevard and Oleander Avenue as part of the County Roadway System from Ohio Avenue to Virginia Avenue within the limits of the County; and WHEREAS, the DEPARTMENT seeks to install and have maintained by the COUNTY certain Highway improvements within the right of way of Sunrise Boulevard and Oleander Avenue as described within Exhibit A; and WHEREAS, pursuant to X339.07 and 339.08, Florida Statutes and the American Recovery and Reinvestment Act of 2009 (ARRA), the DEPARTMENT is authorized to undertake n pro ject within the COUNTY geographical limits and the COUNTY is desirous of having this improvement constructed; and WHEREAS, the said project is identified and known to the parties as the "Sunrise Boulevard, Oleander Avenue and N 29'h Street Roadway Improvements," Financial Project Identification Nos. 426385-1-52-O1 and 428652-1-52-O1, FAP Nos. ARRA-015-Band ARRA- 676-B, which will benefit the COUNTY; and '~ WHEREAS, in accordance with Federal law and Federal Highway Administration regulations issued pursuant thereto, there must be nn agreement from the COUNTY to maintain the project; and Page 1 of 4 WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the COUNTY by Resolution No. 10-242 dated September 1, 2010, attached hereto and by this reference made n part hereof, desires to enter into this Agreement and authorizes its officers to do so. NOW, THEREFORE, for and in consideration of the mutual benefits to f low each to the other, the parties covenant and agree ns follows: 1. The DEPARTMENT has undertaken the project and obtained the approval of Federal participation in the Sunrise Boulevard, Oleander Avenue and N. 29'h Street Roadway Improvements. 2. The COUNTY shall allow the DEPARTMENT and its contractors to enter on the County's Right of Way to construct this project. 3. It is understood and agreed by the parties that upon completion of the project, the COUNTY shall be responsible for its costs, for maintenance of said project in accordance with the following Federally and State accepted standards: (a) FDOT Plans Preparation Manual (PPM), (b) Florida Green Book dated 2007, {c) Standard Specifications for Roadway and Bridge Construction dated 2007, ns amended by contract documents, and (d) Manual on Uniform Traffic Control Devices (MUTCD), current edition. 4. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings ns represented in the Final Proposed Construction plans. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. 5. This Agreement shall be governed, interpreted and construed according to the Inws of the State of Florida. 6. LIST OF EXHIBITS Exhibit A: Project Improvements and Scope IN WITNESS WHEREOF, the parties hereto hove executed this Agreement on the day and year provided below. COUNTY Page 2 of 4 3 ATTEST: Deputy Clerk Chairman ATTEST: Daniel S. McIntyre, County Attorney C-/_/10) BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 8y: day of 2010 Approved as to form by Office of County Attorney St. Lucie County, Florida 2300 Virginia Avenue Ft. Pierce, FL 34982 Telephone: 772-462-1441 Facsimile; 772-462-1440 By: DEPARTMENT STATE OF FLORIDA Executive Secretary gy; (SEAL) Transportation Development Director Approved ns to Form: District General Counsel (_/_/10) Page 3 of 4 SECTION No.. N/A FM No.(s) 426385-1-52-O1 428652-1-52-O1 COUNTY: ST. LUCIE S.R. No.: N/A EXHIBIT A PROJECT IMPROVEMENTS AND SCOPE ALL of the improvements are within the COUNTY'S (the County) Right of way. Summary of Work: • Construction of bike lanes and sidewalks • Milling and Resurfacing Typicnl Section: • 2-10' lanes, 5' bike lanes • sidewalks Signing and Pavement Markings: • Install Street Signs • Install Pavement Markings ADA • Upgrade sidewalk ramps to meet current standards I.andscapc: • Sodding • Trees Page 4 of 4 ITEM NO. VI-C DATE: 9/7/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI~lD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PR SENT D Y: Stefanie Myers SUBMITTED BY: Housing and Community Services/Community Community Services Manager Services SUBJECT: Eamed Income Tax Credit (EITC) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001531-6420-331691-600 Eamed Income Tax Credit Grant PREVIOUS ACTION: April 24, 2007 -Board approved submission of application. October 14, 2008 -Board accepted first year grant award September 22, 2009 -Board accepted second year grant award RECOMMENDATION: Acceptance of the EITC third year grant award 90ET0414/03 for $50,000; approval of Budget Resolution No. 10-240; and authorization for the Chairman to sign documents as approved by the County Attomey. COMMISSION ACTION: ~Q APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Slanatun3s County Attorney ( ) OMB Director ( ) ~~ os., Budget Analyst . Danie S. McIntyre ~.~ arie Gouin k `~'~`'" ~ "y ophia Holt Ori~inatin~ De't. ( ) f~ Beth Ryder Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director ~~ FROM: Stefanie Myers, Community Services Manager DATE: September 7, 2010 SUBJECT: Famed Income Tax Credit (EITC) ITEM NO. VI-H2 Backs~round• The Community Service Block Grant Training and Technical Assistance Program: Famed Income Tax Credit and Other Asset Formation Opportunities grant was originally accepted by the Board on October 14, 2008. This award is part of anon-competitive three year continuing award in the amount of $50,000. No match is required. Grant funding will be used to increase the awareness of the EITC and the free Volunteer Income Tax Assistance (VITA) preparation programs available for lower income residents. The prior year grant award was successful in increasing the number of residents filing for the EITC by more than fifty percent. This is a regional effort including Indian River, Martin, Okeechobee and St. Lucie Counties. Collaborating partners include: • City of Port St. Lucie • Mustard Seed Ministries • United Ways of Indian River, Martin, 8 • Harvest Food 8 Outreach St. Lucie Counties • Miracle Prayer Temple • Economic Opportunities Council of Indian • Internal Revenue Service River Recommendation Board acceptance of the EITC third year grant award 90ET0414/03 for $50,000; approval of Budget Resolution No. 10-240; and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Budget Resolution No. 10-240 Award Documents for 90ET0414/03 RESOLUTION NO. 10-240 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 in the form of a grant for $50,000. 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 7th day of September, 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 001531-6420-331691-600 Department of Health & Human Services $50,000 APPROPRIATIONS 001531-6420-583000-600 Other Grants and Aids $50,000 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 7TH DAY OF SEPTEMBER 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ,~'M S~ lull fl r /J~ J 0 i, f ~'~~u DEPARTMENT OF HEALTH' & HUMAN SERVICES CC: _ RE~~: auG i 9 200 fly tilt' ~a~lC~ 2 U ?.0141 st. Lucte Comity Community Serv~ea Mr. Charles Grande Chairman St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982-5632 Dear Mr. Grande: ADMINISTRATION FOR CHILDREN AND FAMILIES 370 L'Enfant Promenade, S.W. Washington, D.C. 20447 'AUG 1 0 ?~t0 RE: Grant No. 90E1'0414/03 Thank you for your non-competing continuation application to the Administration for Children and Families (ACF), Office of Community Services (OCS) for the Community Services Block Grant (CSBG) Training and Technical Assistance (T/TA) Program -Earned Income Tax Credit (EITC) and Other Asset Formation Opportunities. I am pleased to inform you that your application has been approved for funding for the project's final budget period of September 30, 2010 through September 29, 2011. The grant number referenced above is assigned to the aforementioned grant and must be used on all related correspondence. The "/03" after your grant number references the third year of funding. The Financial Assistance Award (FAA) specifying the amount and duration of this award is enclosed, It is imperative that you review the FAA in its entirety, as it contains grant information that must be referenced in communication with OCS and the ACF Office of Grants Management. A copy of the standard terms and conditions is enclosed. All grant activities must continue to adhere to the standard terms and conditions of the award as provided by the ACF Office of Grants Management. Grantees are encouraged to review evaluation criteria within the original Funding Opportunity Announcement (FOA) at www.acf.hhs.gov/grants/closed/I-II-IS-2008-ACF-OCS-ET-0086.htm1. In accordance with regulations of the Department of Health and Human Services, as of Fiscal Year 2009, grantees must submit the Standard Form Performance Progress Report (SF-PPR) for required performance progress repotting. The SF-PPR consists of the SF-PPR Cover Page and the Program Indicators -Attachment B. Required SF-PPR attachments are subject to change. Grantees are also required to submit the Financial Status Report -Long Form (SF-269). The SF-PPR and other standard forms related to all grant requirements are available at www.acf.hhs.gov/grants/ rg ants resources.html. Both the SF-PPR and SF-269 must be submitted semi-annually. Semi-annual reports must be submitted within 30 days of the end of each half of your current budget period. The final report is due within 90 days of the end of your entire grant project period. The next semi-annual reports for the reporting period of April 1, 2010 through September 29, 2010 (Year 2) are due October 31, 2010. Page 2 - Mr. Charles Grande Grant No. 90ET0414/03 A signed original and one (1) copy of each semi-annual report and a signed original and one (1) copy of the final report must be mailed to the ACF Grants Management Specialist assigned to your project and addressed as follows: Ms. Twanna Nickens Grants Management Specialist Office of Grants Management Office of Administration Administration for Children and Families 370 L'Enfant Promenade, S.W., 6th Floor East Washington, D.C. 20447 ATTN: CSBG T/TA - EITC Ms. Twanna Nickens can also be reached at (202) 260-5319 to assist you with non-programmatic aspects of the grant, such as requests for drawdown of Federal grant funds, issues with financial matters, and guidance on the submission of Financial Status Reports (SF-269). The OCS Program Specialist responsible for monitoring the grant and assisting you in the programmatic activities of the project, such as programmatic guidelines, requests for technical assistance or training, and project performance issues is: Ms. Toya Joyner Program Specialist Division of State Assistance Office of Community Services Administration for Children and Families 370 L'Enfant Promenade, S.W., 5th Floor West Washington, D.C. 20447 Telephone; (202) 40l -5142 All forms that require a signature must be signed by the Authorizing Official (AO) for this grant. If you submit a form signed by someone other than the AO on record with ACF, it will be returned to you for revisions. To request a change in the AO, grantees must submit a letter on agency letterhead signed by the former AO or a board member. The letter should also offer the rationale for the change. The resume of the new AO and a revised SF-424 that is signed by and names the new AO is also required. I wish you continued success in the operation of your project. ut1~F, Ph.D. Office of+Cptfimunity Services cc: Katrina Morgan, Grants Management Officer 1.RECIPIENT Department of Health and Human Services Administration for Children and Families Financial Assistance Award (FAA) sA1NUMB~CEIVED AUG 19 1010 PMS DOCUMENT NUMBER: 90ET041403 1. AWARDING OFFICE: 2. ASSISTANCE TYPE: 3. AWARD NO.: 4. AMEND. NO.: Office of Community Services Discretionary Grant 90ET0414/03 S. TYPE OF AWARD: 8. TYPE OF ACTION: 7. AWARD AUTHORITY: SERVICE Non~ompeting Continuation PL 97-35, SEC 2609A(E) 8, BUDGET PERIOD: 9. PROJECT PERIOD: 10. CAT NO.: 09/30/2010 THRU 09/29/2011 09/30/2008 THRU 09/2912011 93569... 11. RECIPIENT ORGANIZATION: 12. PROJECT /PROGRAM TITLE: Si. Lucie County Board of County Commissioners CSBG TBTA Program: Earned Income Tax Credit 2300 Virginia Avenue (EITC} and Other Asset Formation Opportunities Fort Pierce FL 34982 5632 Charles Grande, Chairman -Board of County Commissioners 13. COUNTY: 14. CONGR. D1ST: 15. PRINCIPAL INVESTIGATOR OR PROGRAM DIRECTOR: ST LUCIE 23 Roberta Breene , Grants/Resource Developer 16. APPROVED BUDG ET: 17. AWARD COMPUTATION: Personnel ............................ $ 0 A. NON-FEDERAL SHARE........... $ 0 0.00 Fringe Benefits .................... $ 0 B. FEDERAL SHARE ................... $ 50,000 100.00 °Yo T l 0 rave .................................. $ 18. FEDERAL SHARE COMPUTATION: Equipment ........................... $ 0 A. TOTAL FEDERAL SHARE .................................. $ 50,000 Supplies ............................... $ 0 g. UNOBLIGATED BALANCE FEDERAL SHARE.....,..$ Contractua- .......................... $ 0 C. FED. SHARE AWARDED THIS BUDGET PERIOD.$ 50,1100 Facilities/Construction......... Y 0 19. AMOUNT AWARDED THIS ACTION: $ 50,000 Ocher ................................... $ 50,000 20. FEDERAL S AWARDED THIS PROJECT Direct Costs ......................... $ 50,000 PERIOD: $ 150,000 Indirect Costs ...................... $ 0 21 • AUTHORIZED TREATMENT OF PROGRAM INCOME: At °~ of $ ADDITIONAL COSTS in Kind Contributions........... 0 22. APPLICANT EIN: 23. PAYEE EIN: 24.OBJECT CLASS: Total Approved Budget('+).. S 50.000 1-596000835-A1 1-596000835-A1 41.51 25. FINANCIAL INFORMATION: DUNS: 072215403 ORGN DOCUMENT NO. APPROPRIATION CAN NO. NEW AMT. UNOBLIG. NONFED OCS 90ET041403 75-0-1536 2010 G994013 $50,000 28. REMARKS: (Continued on separate sheets) Paid by DHHS Payment Management System (PMS), see attached for payment information. This award is subject to the requirements of the HHS Grants Policy Statement (HHS GPS) that are applicable to you based on your recipient type and the purpose of this award. This includes requirements in Parts 1 and II (available at http:!/www.hhs.gov/granlsneUadminis/gpd/index.htm) of the HHS GPS. Although consistent with the HHS GPS, any applicable statutory or regulatory requirements, including 45 CFR Part 74 or 92, directly apply to this award apart from any coverage in the HHS GPS. This award is subject to the requirements of Section 106 (g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104). For the full text of the award term, go to http://www.acf.hhs.gov/grants/award_term.html. 27. 31G ATURE - AC GRANTS OFFICER DATE: 28. SIGNATURE(S) CERT D A (LABILITY /~,~ ~ / ! a alrlfia ,or ` ~/~( ~C William Dekoladenu ~ 0 ~ X29. SIGN T AND TAI 'E - G ~ OFFICIAL(S) DA Yol n J. utleQ E! ~Ph. 1r o~cl~ - ~~ ~a 8 OGC -3-785 (Rev. 86) (ET) 1.RECIPIENT SAI NUMBER: DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CHILDREN AND FAMILIES PMS DOCUMENT NUMBER: FINANCIAL ASSISTANCE AWARD 90ET041403 1. AWARDING OFFICE: 2. ASSISTANCE TYPE: 3. AWARD NO.: 4. AMEND. NO. Office of Community Services Discretionary Grant 90ET0414/03 5. TYPE OF AWARD: 6. TYPE OF ACTION: 7. AWARD AUTHORITY: SERVICE Non-competing Continuation PL 97-35, SEC 2609A(E) 8. BUDGET PERIOD: 9. PROJECT PERIOD: 10. CAT NO,: 09/30/2010 THRU 09/29/2011 09/30/2008 THRU 09/29/2011 93569 11. RECIPIENT ORGANIZATION: St. Lucie County Board of County Commissioners 28. REMARKS: (Continued from previous page) This grant is subject to the requirements as set forth in 45 CFR Part 87. Attached are terms and conditions, reporting requirements, and payment instructions. Initial expenditure of funds by the grantee constitutes acceptance of this award. No future support is anticipated.(") Reflects only federal share of approved budget. Grantee assumes complete responsibility for the administration and accountability for all funds received under this award. Line items identified as 'Equipment' ($4,765), 'Supplies' ($690) and 'Contractual' ($1,000) reallocated to'Other' to reflect budgeting in the appropriate category. DGCM-3-785 (Rev. 86) (ET) Page 2 of 2 ~M>I ~~y~~ +V~ Ih DFPARTMTNT OF FIEALTH & HUMAN SCRVICFS +~~"•~ ADMINISTRATION FOR CHILDREN AND FAMILIES 370 L'Entant Promenade, S.W. Washington, D.C. 20447 NOTICE TO ALL GRANT RECIPIENTS! SUBJECT: NEW PERFORMANCE PROGRESS REPORTING REQUIREMENT llear ACF Grant Recipient: Beginning with FY 2009, ACF grantees will begin using the' Standard Form-Performance Progress Report (SF-PPR) for required performance progress reports. The SF-PPR is the standard government-wide performance progress reporting format used by Federal agencies to collect performance information from recipients. Use of ACF's Office of Grants Management (OGM) version of the SF-PPR will begin for all awards. (new and continuation) made by ACF in FY 2009. At a minimum, grantees will be required to submit the OGM version oi'SF- PPR Coversheet and S.F-PPR Appendix II Program Indicators, which are specific to ACF performance progress reports and available on this page. Some ACF !'rograms may utilize reporting formats that differ from the new OGM SF-PPR; therefore grantees should consult the published announcement and their award documents to determine the appropriate perfomlance progress report requirement. Attachments , ~ lil~ios `~~N ~t ~v1j'IJ. LJ' i / c )\1- v ~ti f ~ ~d~u Schedule DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CHILDREN AND FAMILIES FOR SEMI-ANNUAL PROGRAM PROGRESS REPORTING Progress reports (original and two copies submitted to the Office of Grants Management, Division of Discretionary Grants} are due 30 days after the second and fourth quarters of the budget period (every six months). A FINAL PROGRAM REPORT IS DUE 90 DAYS AFTER THE PROJECT PERIOD END DATE. instructions for completing the ACF OGM-SF-PPR are enclosed. ACF PERFORMANCE PROGRESS REPORT ACF-OGM SF-PPR Cover Page .Administration for Children and Families U.S. Department of Health and Human Services Page - I 1. Federal Agency and Organization Element to Wblch Report is Submitted 2. Federal Grant or Olher Identifying Number Assigned by Federal Agency 4. Recipient Organization (Name and complete address including zip code) of Pages _._ .1 3a. DUNS 3b. EIN 5. Recipient Identifying Number or Account Number Yes 8. Final Report? No 6. Project/Grant Period 7. Reponing Period End Date 9• Report Frequency annual ~ semi-annual quarterly ^other Start Date: End Date: 1f other, describe: as needed or as Instructed by fhe 12a. Typed or Printed Name and Title of Authorized Certifying Official 12b. Signature of Authorized Certifying Official 12c. Telephone (area code-number-extension) - t2d. Email Address 12e. Date Report Submitted - t_ __ __ ___-_ __.- _ I •: OMB Approval Number 0970-0334 Expiration Dale: 10131/2012 ACF PERFORMANCE PROGRESS REPORT ACF-OGM SF-PPR COVER PAGE Administration for Children and Families U.S. Department of Health and Human Services INSTRUCTIONS e a Awarding Federal agency ~ and Organizational Enter the name of the awarding Federal agency and organizational element 1. Element to Which Report identified in the award document or otherwise instructed by the agency. The is Submitted organizational element is asub-agency within an awarding Federal agency. Federal Grant or Other Z Identifying Number ,Enter the granUaward number contained in the award document. Assigned by the ! awarding Federal ~ 3a. agency DUNS Number Enter the recipient organization's Data Universal Numbering System (DUNS) . number or Central Coniract Registry extended DUNS number. 3b. EIN Enter the recipient organization's Employer Identification Number (EtN) provided by the Internal Revenue Service. ~ 4. Recipient Organization Enter the name of recipient organization and address, including zip code. Recipient Account Enter the account number or any other identifying number assigned by the ~ 5. Number or Account recipient to the award. This number is strictly for the recipient's use only and is Number not required by the awarding Federal agency. Indicate the projecUgrant period established in the award document dunng which Federal sponsorship begins and ends. Note: Some agencies award 6. ProjecUGrant Period ;multi-year grants for a projecUgrant period (e.g., 5 years) that are funded in increments known as budget periods or funding periods. These are typicaNy annual increments. Please enter the projecUgrant period, not the budget period or funding period. Enter the ending date of the reporting period. For quarterly, semi-annual, and Reporting Period End annual reports, the following calendar quarter reporting period end dates shall ~' ~ Date be used: 3/31; 6130; 9130; and or 12131. For final PPRs, the reporting period end date shall be the end date of the project grant period. The frequency of ', required reporting is usually established in the award document. ~ 8. Final Report Mark appropriate box. Check "yes" only if this is the final report for the ~ projecUgrant period specified in Box 6. i Select the appropriate term corresponding to the requirements contained in 9. Report or Frequency the award document. 'Other" may be used when more frequent reporting is _ required for high-risk grantees, as specified in OMB Circular A-110. 10. Performance Narrative I Leave blank and complete Form ACF-OGM SF-PPR Attachment B 11. Other Attachments Attach other dowments as needed or as instructed by the awarding Federal agency. L ~ ACF PERFORMANCE PROGRESS REPORT ACF-OGM SF-PPR Program Indicators -Attachment S Administration for Children and Families U.S. Department of Health and Human Services 1. Federal Agency and Organization Element to Which Report is Submitted ~~ Major activities and 8-01 accomplishments during this period B-02 I Problems B-03 ~ 5igniiicant findings and events 8-04 I Dissemination activities B-05 I Other Activities B-06 Activities planned for next reporting period 2. Federal Grantor Other Page of Page Identifying Number Assigned by ~ Federal Agency ____ ~~ 3a. DUNS -~ - 3b. EIN Attach a description of these activities Attach a description of these activities Attach a description of these activities Attach a description of these activities Attach a description of these activities Attach a description of these activities ACF PERFORMANCE PROGRESS REPORT ACF•OGM SF-PPR Program Indicators -Attachment B Administration for Children and Families U.S. Department of Health and Human Services INSTRUCTIONS Schedule Submit the original progress report to the Office of Grants Management, Division of Discretionary Grants, and a copy to the Program Office. Reports are due 30 days aNer the end of the second and fourth quarters o(the budget period (every six months), unless otherwise noted in the award documents. A F~IAI PERFORMANCE REPORT {PPR) IS DUE 90 DAYS AFTER THE PROJECT PERIOD END DATE. Awarding Federal agency and Enter the name of the awarding federal agency and organizational element 1 Organizational Element to Which identified in the award document or otherwise instructed by the agency. The Report Is Submitted organizational element is asub-agency within an awarding Federal agency. Federal Grantor Other Identifying 2 Number Assigned by the awarding Enter the granUaward number contained in the award document. Federal agency 3a DUNS Number Enter the recipient organization's Data Universal Numbering System (DUNS) number or Central Contract Registry extended DUNS number. 3b EIN Enter the recipient organization's Employer Identification Number (EIN) provided by the Internal Revenue Service. Enter the ending dale of the reporting period. For quarterly, semi-annual, and annual reports, the following calendar quarter reporting period end 4 Reporting Period End Date dates shall be used: 3/31; 6/30; 9/30 and or 12/31. For final PPRs, the reporting period end date shall be the end date of the projecUgrant period. The frequency of required reporting is usually established in the award document. ., - - is - a ,' ~_ Majoractivities and accomplishments Recommend use of project task charts Irom approved grant application andl 8-01(4) during this period or project work plan with this section, Describe any drafUfinal products in this section. Use additional pages if needed. Describe any deviations or departures from the original project plan including actual/anticipated slippage in task completion dates, and special problems B-02(4) Problems encountered or expected, Use this report section to advise Project Officer and Grants Management Specialist of assistance needs. Use additional a es it needed. (To be noted by project officer, or reported to regions, Slates, other B-03(4) Significant findings and events agencies, Program Director/Commissioner, Assistant Secretary, Secretary, etc.) Use additional pages if needed. Briefly desuibe project related inquiries and information dissemination activities carried out over the reporting period. Itemize and include a copy of 8-04(4) Dissemination activities any newspaper, newsletter, magazine articles or other published materials considered relevant to project activities, or used For project information or public relations purposes. Use additional pages if needed. ', 8-05(4) Other Activities Briefly describe. Use addiUOnal pages it needed. B-06(4) Activities planned for next reporting Briefly describe. Use additional pages if needed. period Paperwork Burden Statement According to the Paperwork Reduction Act of 1995, nu persons ere require) to respond to a collection of information unless such collection displays a valid OMD control nwnber. ?he valid OMB control number for this information collection is 0970-0334, which expires on 10/31/2012. The time required to complete this inl'ormatinn collection is estimated to average three (3) hours per response, including the time to review the instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have suggestions about the accuracy of the estimate, we would bt happy to hear from you. You can email us at infocoll~ctign(~acf.hhs.eov. nH SI NV~1 lj .~ `~ tl ~ i s vy .,;~d'° DEPARZ'MI;TI'I' Ol: HEALTH AND HUMAN SERVICES ADMINISTRATION FOIL CHILllREN AND FAMILIES lliscretia~ary Programs Semi-Annual Financial Reporting Requirements Standard Form 269 -Financial Status Report Financia( Status Repuris (SF-269'x) are due 30 days alter the second and fourth quarters of the budget period (every six months). A fi»al SF-269 is due 90 days after the end of the project period. This financial status report and the Payment Management System (PMS) expenditures report for the reporting period must reconcile. For tl~e report to be considered final, ale unliquidated obligations must leave been paid and $-0- entered on line ] 0(k) of the final Financial Status Report. All Financial status reports must be signed by the recipient organization's financial officer, or by a designated individual in the organisation for which notification of such designation by an authorized official of the organization has been submitted to the Administration for Children and Families. The Federal grant award number should be indicated on all reports. Submil the original and two copies of the Financial Status Reports to: Mailing Address: U.S. hepartment of Health and Human Services Administration for Children and Families Office of Grants Management Division of Discretionary Grants 370 L'Enfant Promenade, S.W., G'h Floor \~ashington, D.C. 20447 Delivery Address: (commercial/private courier) U.S. Department of Health and Human Services Administration for Children and Families Office of Grants Management Division of Discretionary Grants 90] D Street, S.W., 6'~' Floor Washington, D.C. 20024 Failure to submit reports when due will be indicative ofnon-compliance with the~award temps and conditions. FINANCIAL STATUS REPORT (long Form) (FaNOw 1rtsWctJons on tAe Deck) 1. FederN Ma^q end OrpsnwlbrrY Element 2. F/dNral GmM m ONrr IdorNNylrq NumbNi Asagrwd ~ ~ ~ ~ OMH ApWOVaI PNg. a W vrNtidS Ripon 4 SuWnNINd pY Federal Aplnry No. 0348-0030 L___.__.._ _........ _ ..... ....... ......_...__ ~+ _ _ . ._. _ 7. 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TINN pony (h~kkd)rnNdbWkM 0.00 t Other Fednrdswds suthorirsd roW Used to makrt lh"s NSUrd 0.00 p Proprsm fnaome used M eclaroanw wish IM metcMnp a coN 0.00 snarirp tlNrnriw _ h AN Mher rleyienl oWteys rra slran on Nnss e,1 a p .___~ _. 0.00 i Totel rsdpiont share aroe eueoys /Sum d Nrroa e, J, Q en0 A) o.oo o.oo o.oo y Fedsrsl'dw! d ne5 ouNeyN (sno a Asa Brte A 0.00 0.00 0.00 k ToutuMquideledobyucne I. RsttplsM•N shwo a unpudtlsd oMgarions m, Fadertl sMredunigridated obipaGorrs . . . . . . . . . . . . . . . . .. . . . . . . . n. TaM Federal where (Sum dtinsaj Md m) 0.00 o. ToW f sdsvN funds eurhodsed IDr Yua NMlnp period ..- -. p. Unabiprlld bebnc! ul Fedsralfunds ltlnN o mLws Iwle nJ -- 0.00 ~ PropNm ineoms, cons411np a: 0. dWuued pogam M~wm! snawr on MMS C MW/p p aDOVN _ r. Oisbunad prapnrrr u1mrM wing IM sddilion Msmssv! ~ s. UnAsCUnaO program Income ~ t Tool program irrrorrrs rn~se (Sum a INq q, r srW ~ -. _-_.._._-. 0.00 a. ryl» a Ra. lM.c. x• to syp.opdw eor _..... tt tndbed Q Prov)Nonel O PredebrrrrMN O FMri (~ FIsM Eapensr _.w__. b. RNM G IieNN ..... _..-.. d. TolatAmatid ~ ......_ __. ... a FederN 9twe ._. ._.... ... .__..._ I7. Rnnrerer Almr/r ,ury srprentliona dwme0 nenasory or e+lamerbn rea rw ei' fsdsrad spanaorinp apsrrq n conpfNrxe vnM pOYOInIIIp IOp%alellan. 17. CMdrwbon I OMIIy to IM bql a my bnowldpe end BsNr11M1 iMe repo/l N tomCl Nrb complels erne tMt dl outlays and uMl Wdebd obN N1OM Nn lot Ue w ss set fenA b IM sesM documwrb. Typed or PriNed NerM and ides ~ TskphoM (Aroe cads, rsuneer ano onemim) SgneNre etAWlrorl7d GnNy.rp 016os1 --~ Dtls ROpM SUbmined SeplemDer 17, 2009 Prevaus EdOOn Usaeb 76N• I Oa ~ ~ ~ ~ - SlsMerd faun 769 (Rev T-9T) NSN 7Sd0~O1~OtT• r4e5 PrascrNlad by OMB Clrnwrb A~ 107 ano A~ 110 300JN6 P.O. 579 {ha) FINANCIAL STATUS REPORT __._ !Long Fwm1 _ ......._._... _.. Putlie reporlrrp Darden b rw careelon d adormalien .a Sermarsd b svaraps ]0 mortise px rsapsnas. MtMdnp ti+re Isr revbwx+a Mruaiorb. wmcwp Srnawy dab Sowesa, aarMnra and rrralnarrarg ors data r+nds4 and wmplalMy arrd gvbMnp Srs ralstlbn d NISrmSYpn. Send ourwenb regsrdeq nw carom aalinate a any aw.rvw w Mls mweion b irsormslsn, bdrrdMrp iuppseaons for redrrcerp ills wren b trw olsoa d tunsgemed and anger, vapsrwsrx Psdurrbn vrnlsd (11310•aQ1a1 Wssherplon. DC ~osm. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. Please type or print legibly. The idtowing general InslrucMons explain how to use the form itself. You may need addiDonal inlormalion to complete attain items correctly, or to decade whetlrar a specific item is applicablo to this award. Usualy, such inlamation wNl Be found in IIIe Federal agencys gran) ropuhliorls or h the terms and eorx6liorts of the award {e.g., how to calculate the Federal share, the permissible urea o! program income, the value of in•kind contributions, etc.). You may also catlacl the Federal agency d'vecUy. 1, 2 and ~. Sell-explanatory. tOb. Enter any recdpls relsbd to oullay9 reptlrtsd on the form that are DeMIp lreoted at a reductbn of expsnddure ~. Enter the Employer IdenliGcagion Number (EIN) rruhsr Ilran Income, end were nd aYeody nailed out of assrpned by the U.S. Inlamd Ravemre Servke the amount shown as ouNays on ine toe. 5 Space reserved for an aKOtmt number a other 100. Enlar IfN amount of pogrom Inoortle Ihog case used In idsntlfying number assigned by the recipient, oecadance wIM tM dreduUlon aXlxnatM. 6. Check yea only it this b the last report for Ihs Nde: Ropram kleome used to sccordanu will dhsr period shown In Item B. oMmalives is emerod On Ihes 4 r, and t. Reclpbnts repaAing On a cash basis snouts enter the amount d 7 Sel1•explanatory. cash income received; on an ecurnl baab, enter the program hlctlme earned. Program inrnma may or may 6. Unless you hevo roufvad other Inslructlons kom not have been Included in an appacalion budgsl antllor the awarding agency, enter the beginning std s budge! on the award document, r aGUai income is endng dales of the cunenl gundirg period. X a+is b born o difkreM source or 1a afgnrRconty deferent M a muAi-year program, 1M Federal agency might amaxrl, attach an expWrwtion a use the remarks requMe cumulative reporting IMough coMeculive 9aclion funding oeriods. Mr Ihal teas, solar IrK Weginrrirg and ending dales o! the proof perfod, and In the real tOd, e, I, g, h, t end J. Sett-explanatory. d these inslruclions, subatdula ine term "gran) period' br -landing period.' 1qc. Ertler the Idol amount of unaqulaled obligations, includng urtiquidaled aWigations to wbgrantees and 9. Sell.explarratory. conbeclon. 10. The purpose of tAlumM, I, X, and M is b show the UMpuidated oWgalbns on a cash basis are obXpatbns ellecl of Ihia reposing period's baruacllons on insured, but nd yN Dail, On an aeenral basis, rirey are cumulal'nro tetanal status. The errwuMS entered In obligalMtls inaxre4 but la vrNth an outlay h» not yet column I will nonnaly be the cams as (hose l been recorded. Column IX of ere Dravious ropon In the sans JurrJng period. ~ IMe is the Xral or orrfy report of Do not indude any errlorxda on line 10k Thal have been the furling period, leave columns f and 1 blank. M Ux:ludsd on lines 10a and tq. you need to adjust amounts angered an orevioua reports. botnds the column I angry on this repot CM the M1ul report, tins tOX must Da zero. 7r1d a11aCh an explanalbn tOl Selt-sxplaulary. t0a. Enter td al gross progryn oWteys. Mcluds ditbuserroMs d nsh roaXzed as pogrom income tOm. On IAe find report Xrre tOm must also be zero. it Thal irieorrre wit atso ba shown on ihlss, 10c p 10g. 0o not include program income That will bs 10n, o, P. 0. r, a and 1. Self-explanatory. sgwwn on tines fora 1fb. 11a. Sett•explsnarory. For reports prepared on • cash taasis, outlays are the sum d actual cash dsburremenls -er dneG 11 b. Eller cite Ind'xecl cost role In efkd during ine reportNp Coals rot gODds end 7arvlCef, Ills MIWUnI d Irdbecl Pr~~ expense chargetl, the valor d irrhind conurbulions applied, and Ise smourrl d cash sWerices sod ~~c. Enter the amount d the base agalnsg whkh the role payments made to suWeclpienls. For reports wq applied. prepared an an accrual basis, outlays Bra IM sun of actual uah Aishursements la tlired rharg» for 1 td. Emer Ise Idol amount of indiroer costa charged fixing goods art servius, the amount of indirscl expense the report period. incurred. the value d in-hind conltibuliotq app6ad, and the net Inttsass or decease M the artrounla 1 ~e. Enlsr Iris Fedcrel shah of the smounl in t id. owed by the recipietrl for goods and other popsny received, rot servlus performed by empbyees, Nots: X more Ihan one rats was In effect during its period oonuadora. wbpranteea end other payees, and shouts In Xsm 8, attach a schedub showing ate bases other amounts betOlNng owed under programs b against which the diRsronl tales were appDed, the whkh rio cuneM services or pSRdmarrces ors respective rsles, IM calendar petiole they were In requued. such as anwirin. Insurance claims, and ettes, arnwnis d irxlrrecl expense charged b foe other benelM paymems. proJed, and the Federal share of i!dred exponse charged to the Aged to data. SF36S Barn (RSV. 7971 Instructions for Requesting Payment of Federal Awards This award wilt be paid through the Department of Health and Human Services' Division of Payment Management (DPM), operating under the Program Support Center (PSC). The DPM provides automated grant payment and cash management services for the entire Federal Government. DPM operates the centralized payment system, Payment Management System (PMS), and acts as a liaison between the Administration for Children and Families to resolve any discrepancies. For additional information, please visit their Website at WWW.DPM.PSC.GOV. If this is your first award paid through the DPM, it is recommended that you review their Website. Their New Recipient section provides basic information and addresses both funding and reporting requirements necessary for receiving your awarded funds. It is mandatory that all new recipients complete and send to DPM a Direct Deposit Sign-Up Form (SF 1199A). The form can be printed from~DPM's Website or obtained from your local financial institution. The DPM operates in a completely electronic environment; therefore, paper payment requests and Treasury checks are no longer used. All requests and payments are made electronically. DPM utilizes two funding request systems, Cashline and Smartlink Il. Grantees are provided instructions by DPM on the procedures and Federal requirements necessary to receive your funding. Cashline allows the grantees to dial directly into a "voice response" computer via a touch tone telephone. Smartlink II allows the grantees to request their funding via a computer and modem and may be accessed through the Internet. Smartlink II's most notable advantage over Cashline is the grantee's ability to "inquir~l' into account balances. Regardless of the method used to initiate a payment request, funds are electronically deposited into the designated bank account the next business day. Funds can be requested as frequently as disbursements are made under both systems. Since funds are available the next business day, regulations prohibit payments in excess of your immediate disbursement needs. Payment method for state agencies shall be consistent with Treasury/State CMIA agreements or default procedures codified under 31 CFR Parl 205. If after visiting the DPM Website you have additional questions or require .more information, please contact DPM at 1-877-614-5533 from 7:00 AM to 6:30 PM est. Revised 11!04 +° 9 ~,o DEPARTMENT OF HEALTH AND HUMAN SERVICES OPPORTUNITY TO COMMENT - SIMPLIFICATION OF FEDERAL GRANT PROGRAMS Opportunity to Comment - Simplification of Federal Grants Programs On November 20, 1999, the President signed into law the Federal Financial Assistance Management.Improvement Act (Public Law 106-1Q7) whose purposes are to improve the delivery of services to the public and the effectiveness and performance of Federal grant programs. Federal agencies are working with OMB to: develop uniform administrative rules and common application and reporting systems; replace paper with electronic processing in administration of grant programs; and identify statutory impediments to grants programs simplification. Consultation with the recipient community is an important part of the grant program simplification effort. We welcome ideas to make it easier for State, local and tribal governments and nonprofit organizations to apply for and report on federal grants. Please send your comments via email to: }'L 106107 ci,os.dhhs. ov and be sure to include the name of the organization you represent. We want to know which processed in the grants Iife cycle need streamlining and/or improvement, and your suggestions for achieving improvements. We need to know what is most important to you, in terms of grants simplification. Finally, we want you to identify the specific grant program(s) that you find to be most burdensome, with some detail about why they are burdensome, individually or collectively, because we need to focus our efforts on those programs that are in the greatest need of review and streamlining. Your input is valued, and is part of the larger process of achieving the foals of P.L. 106- i 07, namely simplification of Federal grant programs for the benefit of our recipients. Please note there will not be any individual response to the input, however, we intend to periodically provide summary information relating to implementation of the law, under the "What's New" lin6 in GrantsNet (www,l~hs. ov/ rantsnet). Thank you for your participation. r-~1 ~ ~ N .~ ~' y ~; a ~ y o O N ~ T/~ V J U `~', T~~ ~ ~ ~ Ri '~ `~' ~ l 1 ~ ~[ " ~- ~ U ~. 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J ~ li ~i' ~ u 3 '` w W e ~ ~ rU ~ ~ :d ~ e °° ~ ~ 'v b E is c ~ T ~ . ~ ~ ~ C Or ~ C ° u u 7 's b ;~ c~ V (; ~ G F b ~ (Q ~y A r b 61 V 0 ~ l0 0 O 0 C p i v= .L E p p ~ r~ w a a~ C o 07 E u ~•`• L°+ ° .c° y o c ~ a .~ us. ;o °-_ •E J c u `•~ u ~ p ~ L e OG °e u~ v u (~ ~ z .~ a ~ 3 c° o .L' ~ " u ~ x ~ V O C~ C V G N C~ ~ y~ yry~ O~ .~ u V Y G_ t O N E .Q 'O C >~ 7 ~ N U ~ ; u A tq 7 0 0 0 /, ~ ~... C G O ~G t 0 G XX~ OO O ? ~ O~ 7 V 5 a1 p > ° 'O A~ LLl vt o0 C r ~ L^ G C Q O~ .» .. V W 1j A as ~ 3 ~ y U b to ~ 4 N ~" rC.. N L • ~" G Ct~UhIT~' F ~.. o >~ I n ~ --I AGENDA REQUEST ITEM NO. VI-D DATE: 9/7M 0 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITTED BY: Public Works/Engineering Division County Engineer ~~~~ SUBJECT: Copper Creek Public Improvements -Conditional Acceptance and Maintenance Agreement BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the conditional acceptance of the public improvements and the Maintenance Agreement and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (X) APPROVED ( ) DENIED ( ) OTHER ~~ Faye W. Outlaw, MPA Approved 5.0 County Administrator Coordination/Signatures ~~~ County Attorney (x) ~J Finance (x ) Daniel McIntyre S I Francis Originating Dept. (x) ~~~ r ~ County Engineer (x) ~1`~~ DQ ald West Michael Powley County Surveyor (x) ~~~ Ron Harris Copper Creek conditional acceptance.ag Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director ~i~~ (~1>v FROM: Michael Powley, County Engineer /~v~~ ` DATE: September 7, 2010 SUBJECT: Copper Creek Public Improvements -Conditional Acceptance and Maintenance Agreement ITEM NO. VI-D Background: This project is within the limits of the City of Port St. Lucie and is located on the northwest corner of the South Florida Water Management District (SFWMD) C-24 and Glades Cut-Off Road. Lennar Communities of South Florida, Inc., developer of Copper Creek, was required to construct concrete sidewalks, turn lanes and minor drainage improvements within the Glades Cut-Off Road right-of-way. Pursuant to the terms of the Roadway Improvement Agreement, the developer provided a letter of credit in the amount of $755,011.50. The developer, having satisfactorily completed the road improvements on Glades Cut-Off Road, is requesting conditional acceptance. Staff has inspected the improvements and reviewed the supporting documentation provided by Lennar Communities' engineer of record (Attachment A). Staff recommends the Board approve the conditional acceptance of the constructed improvements, accept the Maintenance Agreement (Attachment B), release the original letter of credit, and accept the new surety in the amount of $98,479.76 for a period of one year and 30 days. Recommendation: Board approval of the conditional acceptance of the public improvements and the Maintenance Agreement and authorization for the Chairman to sign documents as approved by the County Attorney. ( ~ i Attachment A ~/ ~ =i CULPEPPER ~ TERPENING, INC CONSULTING ENGINEERS LAND SU R~E'!ORS CERTIFICATION I hereby certify that all of the required project improvements, as identified in the attached Improvement Agreement, have been completed on Glades Cut-Off Road for the Copper Creek Off-site Improvements and that I have inspected the construction incrementally in accordance with the requirements of "Standard Specifications for Public V~'orks Construction, St. Lucie County, Florida". These improvements conform to the development plans and the Standard Specifications, unth the following deviations: • Minor adjustments to the location of the sidewalk • Slight median curb encroachment into Glades Cut-Off Right-of-Way along Marjorie Lane • Roadway cross slope between station 158+00 and 164+00 matching pre-construction conditions However, these deviations will not result in functional or structural problems, other than routine maintenance based on my evaluation and professional opinion. Certified By: Stefa ~ es, P.E. FIi dg Profess onal Engineer No. 38723 Date: (c~ r~~~ C.\DOCUME-1`smaahes\LOCALS-]\Temp\ELF20I0061 ]_125326\03-045 SLC Eng, 0076, Hauscttild, CeniScation Statement.doc A LEGACY OF EXPERTISE AND EXCELLENCE 29E0 SOUTH 25TH STREET ~, FT. FIERCE, F~ 34981 ' (772) 464-353 ~ FAX. (772) 464-9497 ,-1 Attachment B MAINTENANCE AGREEMENT THIS AGREEMENT made and entered into this day of , 2010, by and between MS RIALTO COPPER CREEK FL, LLC, a Delaware limited liability company (the "Developer") and ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County"). WITNESSETH: WHEREAS, the Developer has completed the construction of concrete sidewalks and turn lanes within Glades Cut Off Road right of way (the "Improvements") and will convey ownership and maintenance responsibility to the County; and WHEREAS, ns a condition for the acceptance of the Improvements by the County, the Developer has agreed to post security in a form acceptable to the County Attorney in the amount of fifteen percent (15%) of the approved cost of the Improvements for a period of at least one (1) year and thirty (30) days from the date of conditional acceptance of the Improvements by the County. NOW, THEREFORE, in consideration of,the, agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. SECURITY. The Developer agrees to provide the County with security in a form acceptable to the County Attorney, in the amount of,Ninety Eight Thousand Four Hundred and Seventy- Nine dollars and Seventy-Six cents ($98,479.76), representing fifteen percent (15%) of the cost of the Improvements as submitted by the Developer's engineer and approved by the County Engineer and as more particularly set forth on those certain plans for construction improvements drawn by the Developer's engineers, CULPEPPER AND TERPENING, INC. dated July 13, 2006. This amount shal I be retained for a period of one (1) year and thirty (30) days from the date of conditional acceptance as described below to provide for maintenance of the Improvements to be dedicated to the public and to indemnify and save the County harmless from any and all costs necessary to repair or replace any part or portion of the Improvements occasioned by faulty engineering, workmanship, or materials. 2. SUPERVISION OF CONSTRVCTION. The Improvements shall be constructed under the supervision of the Developer's engineer in full compliance with the specifications and requirements of St. Lucie County, and when complete, Developer's engineer shall furnish the County Engineer with a certificate of satisfactory completion for approval. 3. CONDITIONAL ACCt~PTANCE. .Upon. completion of the construction of the Improvements, the Developer's engineer:shall certify that the Improvements have been constructed in accordance with applicable County requirements. When the Improvements have been certified by the Developer's engineer, the County Engineer shall inspect the improvements and review the construction and supporting test/control data furnished by the Developer's engineer. If all required improvements are completed to the satisfaction of the County Engineer, the County Engineer shall confirm this in writing to the St. Lucie county Board of County Commissioners and recommend that the Improvements C:\WINDOWS\TEMP\NOTE56030C8\COPPER CREEK MAINTENANCE AGREEMENTREV081010.DOC Page 1 be conditionally accepted. 4. RELEASE OF SECURITY. One year from the date the Improvements are conditionally accepted by the Board of County Commissioners, the Developer shall contact the County Engineer for a joint inspection with the Developer's Engineer. If deficiencies appear, the Developer shall correct all deficiencies in accordance with requirements established by the County Engineer, except those damages that are not a result of design or constructibn deficiencies. If the required corrective action cannot be completed by the one year and 30 day expirdtion date, the County Engineer will establish a completion date and so notice the Developer that~the required security will not be released until all corrective actions have been completed and approved by the County. When all corrections have been made, the County Engineer shal I so inform the Board. The Board of County Commissioners shall then act on release of remaining development security, and final acceptance of the Improvements. 5. FORFEITURE OF SECURITY. If the Developer fails to satisfactorily correct all deficiencies ns directed by the County Engineer, the County shall, upon notice to the Developer, use the security to correct the deficiencies. If the cost, including the cost of staff time, to correct the deficiencies is less than the amount of the security, the County shall refund the balance of the security to the Developer. If the cost to correct the deficiencies is greater than the amount of the security, the Developer shall pay the overage amount to the County within thirty days from receipt of an invoice from the County. After the thirty-day period, interest shall accrue at the maximum rate allowed by law. 6. NOTICE. All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service; telecommunicated, or mailed by registered or certified mail (postage prepaid) return,rece;ipt requested, addressed to: ~, As to County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce, Pierce, FL 34982 With n Copy to: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce, Pierce, FL 34982 As to The Developer: MS Rialto Copper Creek FL, LLC 730 NW 107T" Avenue, 3~d Floor Miami, Florida 33172 Phone: 305-559-1951 Facsimile: 305-229-6605 or to such other address as any party may desigrwte by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on thg 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 ns not deliverable, as the.cnae;may be, if mailed. C:\WINDOWS\TEMP\NOTE56030C8\COPPER CREEK MAINTENANCE A6REEMENTREV081010.DOC Page 2 .~ 7. MEDIATION Prior to initiating any litigation ~ concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shat) agree on a mediator chosen from n list of certified mediators available #rom the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible ns evidence in any subsequent proceeding concerning the disputed issue. In the event that mediation is unsuccessful, either party may bring an action to enforce its rights in a Florida court of appropriate'venue and jurisdiction. 8. INTERPRETATION: VENVE. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto, This Agreement shall be interpreted ns a whole unit and section hendings.are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the day and year first written. WITNESSES: r ~ h ~ _ , ~. i ._ MS RIALTO COPPER CREEK FL, LLC, o Delaware limited liability company '.BY: MS Rialto Residential Holdings, LLC, a ~. Delaware limited liability company, its _~ ~ ATTEST: Deputy Clerk Member BY: MSR Holding Company, LLC n Delaware limited liability company, its Member BY: Lennnr Homes, LLC, n Florida limited Liability cam amr, its Flori M r BY: PRINT: © ~ TITLE: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: ITEM NO. VI - D2 .J DATE: 9/7/2010 • • . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~ . Donald B. West SUBMITTED BY: Public Works Administration Public Works Dir cto SUBJECT: Lakewood Park Phase 1 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 102001-3725-563000-425047 SFMWD - MSTU, Stormwater Management. PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Change Order No. 4 with American Engineering and Development Corp. in the amount of $11,781 for Lakewood Park Phase 1 canal control structures, acceptance of the project, and authorization for the Chairman to sign contract documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (~) APPROVED ( ) DENIED ( ) OTHER Approved 5.0 County Attorney (X ) ~.~ ~~ _. Faye W. Outlaw, MPA County Administrator Coordination/Siunatures OMB Director Budget Analyst Daniel McIntyre Originating Dept. (k) W • ERD Do Id B. West (x) ~ Marie Gouin ( ) Karen Smith Public Works Administration MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director ~- DATE: September 7, 2010 SUBJECT: Lakewood Park Phase 1 ITEM NO. VI - D2 Background: This project involves replacement of the three primary water control structures with adjustable outfalls to provide maximum flexibility for stormwater management under varying conditions. The primary goals of this stormwater improvement project are flood control and groundwater recharge, accomplished by managing canal stages at optimum levels under variable conditions. The ability to provide pre-storm drawdown of the water in the Lakewood Park canals will maximize storage volume and provide enhanced flood protection during the wet season. Fort Pierce Farms Water Control District (FPFWCD) has agreed to allow the County to install the desired operable gates. An operations agreement between County and FPFWCD will guarantee that the permit limitations for Lakewood Park will not be violated. Fort Pierce Farms Water Control District has required the County to extend the length of the concrete headwall on the Seminole Canal structure, to prevent overtopping and washout of the wall during extreme events. The Contractor has submitted the attached proposal (Attachment "A") as Change Order No. 4, (Attachment "B") to modify the existing head wall at the Seminole control structure in the amount of $11,710, and to accept and final the project. Previous Action: February 13, 2007 - BOCC approval of grant contract with South Florida Water Management District for Phase 1 construction in the amount of $250,000. April 28, 2009 - BOCC award of construction contract to American Engineering and Development Corp. in the amount of $116,870. August 25, 2009 - BOCC approval of change order no. 1 with American Engineering and Development Corp. in the amount of $16,871. November 3, 2010 - BOCC approval of change order no. 2 with American Engineering and Development Corp. in the amount of $58,054. March 9, 2010 - BOCC approval of change order no. 3 with American Engineering and Development Corp. in the amount of 40,753.80. i Recommendation: Board approval of Change Order No. 4 with American Engineering and Development Corp. in the amount of $11,781 for Lakewood Park Phase 1 canal control structures, acceptance of the project, and authorization for the Chairman to sign contract documents as approved by the County Attorney. Attachment "A" -Change Order Proposal from American Eng 8 Dev Corp Attachment "B" -Change Order No. 4 CHANGE ORDER Attachment "B" "Attachment A" American Engineering s ~ Development Corporation Change Order Proposal AEDC PROJECT NO. 09-831 xcss No T0: St. Lucie County Public Works Chan>;e Order #: 7-R1 Attn: Don West Date: August 16, 2010 7300 Virginia Avenue Project: Lakewood Park Fort Pierce, FL 34982-5652 AEDC Project #: 09-831 We hereby propose to perform the following additional work: Modifv the existing head wall at the Seminole control structure oer revision 3 dated 712010 on sheets C-2 and S-1. and add additional galvanized angle to reinforce the Catwalk. Mobilize Long Reach Excavator 1 FJ~ $500.00 $500.00 Long Reach Excavator Rental 1 WK $2,810.00 $2,810.00 Extend Concrete Head Wall 1 LS $1,735.00 $1,735.00 Restore Revetment 1 LS $1,000.00 $1,000.00 Sod Restoration 1 LS $300.00 $300.00 Subcontractor and Rental Mark up 10% LS $6,345.00 $634.50 Excavate and Backfill for Wall Extension Superintendent 10 HR $100.00 $1,000.00 Excavator Operator 24 HR $40.00 $960.00 Labor 72 HR $30.00 $2,160.00 Furnish & Install angle iron. Galvanized Angle 1 LS $441.00 $441.00 Labor and Installation 1 LS $130.00 $130.00 511,781.00 Payment 8 Performance Bond 1% LS $11,670.50 $116.71 Adjustment -6.00 TOTAL ADDITION FOR THIS CHANGE ORDER PROPOSAL: 511,781.00 THE PARTIES HEREBY AGREE to modify the Contract by the herein Change Order, which becomes part of the contract. All work is to be performed under the terms and ADD conditions of the Contract unless otherwise agreed in writing. Facsimile signatures are binding as originals. 11 781.00 American Engineering & Development Corp. Accepted By: St. Lucie County Public Works By: BY~ Name: JJ Kooelakis Name: Title: Project Manager. __ _ Title: EXECUTIVE OFFICE • 11765 W. OKEECHOBEE ROAD • HIALEAH GARDENS, FL 33078 (305) 8259800 • (888) 522-0160 • FAX: (305) 825-9806 WEST PALM BEACH BRANCH • 15075 CORPORATE RD NORTH JUPITER, FL 33478 • (561) 242-9770 • FAX- (561) 242-%80 CHANGE ORDER ST. LUCIE COUNTY PROJECT: Lakewood Park Phase I Canal Control Structures TO (Contractor): American Engineering & Development Corp. 11765 West Okeechobee Road Hialeah Gardens, FL 33018 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A -Yes) SEE ATTACHED EXHIBIT "A" Attachment "B" CHANGE ORDER NUMBER: 4 INITIATION DATE: 2/23110 CONSULTANT'S PROJECT NO.: NIA ST. LUCIE COUNTY CONTRACT NO: C09-04-246 CONTRACT DATE: 4128109 The original (Contract Sum) was ......._. _......._..._.......... _ .................. ............ $116,870.00 Net change by previous authorized Change orders ................ ...... .......... ........................................................... $95,367.13 The (Contract Sum) prior to this Change Order was ......................................................................................... $212,237.13 The (Contract Sum) will be increased by this Change Order ...................... _. _.. ..................................__..._ ................................................................ $11 ,781.00 The new (Contract Sumj including this Change Order will be ................._..........._................. ........__ ................ $224,018.13 The Contract Time will be unchanged by ................................ ............. .................................................................(100) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 8/31/10 Funds Available: Account Number 102001-3725-563000-425047 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: St. Lucie Countv. Engineennq Division ArchitecUEngineer 2300 Viroinia Ave.. Ft. Pierce, FL 34982 Address By Donald B. West Date Agreed To: American Engineennq & Development Corp. Contractor /t~~l Cot~viafc R~ µ.-f~ .,i~~ /t~ 33Y78 Address / D B D e Approved: Public Works Department St. Lucie County Department 2300 Virgi~~ni~QaQ~Ave. Ft. ~Pie1rce lFL X34982 By: Donald B. Weft, P.E. PNV Dir. Date Authorized: 1 St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL gy Date Approved as to Form and Correctness County Attorney Page 1 COUNTY F L O R I D A AGENDA REQUEST ITEM NO. VI - E1 DATE: 09/07/2010 REGULAR PUBLIC HEARING LEG. QUASI-JD CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Ken J. Mascara SUBMITTED BY: St. Lucie County Sheriff's Office, Administration Sheriff SUBJECT: Authorization to accept the 2010 Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation (2010-DJ-BX-0440). BACKGROUND: The U.S. Department of Justice/Office of Justice Programs/Bureau of Justice Assistance (USDOJ/OJP/BJA) has awarded the St. Lucie County Sheriffs Office the 2010 Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation (2010-DJ-BX-0440). Upon acceptance, this $109,745.00 grant will be split 50/50 between the Ft. Pierce Police Department ($54,872.50) and the St. Lucie County Sheriffs Office ($54,872.50). The St. Lucie County Sheriffs Office and the Ft. Pierce Police Dept. will use these funds for their Law Enforcement and Planning, Evaluation and Technology Improvement Program which will include the purchase of improving the Bomb Disposal Team and gang abatement and crime prevention/reduction initiatives. No matching funds are required. FUNDS AVAILABLE: 107167-2110-331210-200 Edward Byrne JAG Grant PREVIOUS ACTION: May 11, 2010 - BOCC approved permission to apply. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution No. 10-237 and authorize the acceptance of the 2010 Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation (2010-DJ-BX-0440). COMMISSION ACTION: CONCURRENCE: (~ APPROVED ( ) DENIED O OTHER Approved 5.0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst Dan McIntyre Marie Gouin Sophia Holt Originating Dept. ( ) ERD ( ) (Name) (Name) St. Lucie County Sheriff's Office MEMORANDUM TO: Board of County Commissioners FROM: Ken J. Mascara, Sheriff St. Lucie County Sheriffs O ,Administration DATE: Tuesday, September 7, 2010 SUBJECT: Authorization to accept the 2010 Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation (2010-DJ-BX-0440). ITEM NO. VI - E1 Background: The U.S. Department of Justice/Office of Justice Programs/Bureau of Justice Assistance (USDOJ/OJP/BJA) has awarded the St. Lucie County Sheriffs Office the 2010 Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation (2010-DJ-BX-0440). Upon acceptance, this $109,745.00 grant will be split 50/50 between the Ft. Pierce Police Department ($54,872.50) and the St. Lucie County Sheriffs Office ($54,872.50). The St. Lucie County Sheriffs Office and the Ft. Pierce Police Dept. will use these funds for its Law Enforcement and Planning, Evaluation and Technology Improvement Program improving the Bomb Disposal Team and gang abatement and crime prevention/reduction initiatives. No matching funds required. Recommendation Staff recommends that the Board of County Commissioners approve Budget Resolution No. 10-237 and authorize the acceptance of the 2010 Edward Byrne Memorial Justice Assistance Grant (JAG): Local Solicitation (2010-DJ-BX-0440). RESOLUTION NO. 10-237 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 $709,745. 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 7th day of September, 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 107167-2110-331210-200 U. S. Dept. of Justice $109,745 APPROPRIATIONS 107167-2110-581090-200 City of Ft Pierce $ 54,873 1 071 67-2 1 1 0-591 900-200 Transfer to Sheriff $ 54,872 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 7TH DAY OF SEPTEMBER 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Department of Justice i ~ Office of Justice Programs ~~ Bureau of Justice Assistance Office of Justice Programs Washington, D.C. 20531 August 13, 2010 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 FY 10 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Local Solicitation in the amount of $109,745 for St Lucie County. 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, Stefanie Hams, Program Manager at (202) 305-8069; 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, u . ~-.-~ James H. Burch II Acting Director Enclosures Department of Justice ~ '~ Office of Justice Programs ~ ' ~ ~ B of Justice Assistance PAGE 1 OF 5 t G ureau ~ `~:.,.~ I ran 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2010-DJ-BX-0440 St Lucie County 2300 Virginia Avenue 5. PROJECT PERIOD: FROM 10101/2009 TO 09/30/2013 Fort Pierce, FL 34984 BUDGET PERIOD: FROM 10/01/2009 TO 09/30/2013 6. AWARD DATE 08/13/2010 7. ACTION ` lA. GRANTEE IRSNENDOR NO. i 8. SUPPLEMENT NUMBER Initial 596000835 I ~ 9. PREVIOUS AWARD AMOUNT S 0 T 3. PROJECT TITLE i 10. AMOUNT OF THIS AWARD S 109,745 ~ I rovement d Technolo Im ti E l l ~ gy p on an va ua anning, Law Enforcement and P Program 1 I 11. TOTAL AWARD S 109,745 i ] 2. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ~ ON THE ATTACHED PAGE(S). i 13. STATUTORY AUTHORITY FOR GRANT i This project is supported under FY 10 (BJA -JAG) 42 USC 3750, et seq. 15. METHOD OF PAYMENT GPRS ~ I I AGENCY APPROVAL GRANTEE ACCEPTANCE ~ 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL James H. Burch II Kenneth Mascara ~ ~ Sheriff Acting Director I ' 17. SIGNATURE OF APPROVING OFFICIAL 119. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE ~ u . ~......./ ,s I ~,, AGENCY USE ONLY ~ 20. ACCOUNTING CLASSIFICATION CODES 21. 1DJUGT1167 ~ I I i FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT I X B DJ 80 00 00 109795 '~ i OJP FORM 4000/2 (REV. 5-87) PREV]OUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 9-88) - Department of Justice ~ Office of Justice Programs AWARD CONTINUATION ~ ~~ Bureau of Justice Assistance ~ SHEET PAGE 2 of s °`-~^'" Grant ~ I! ~ I i '~ PROJECT NUMBER 2010-DJ-BX-0440 AWARD DATE 08/13/'1010 ~ SPECIAL CONDITIONS 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 of 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@usdoj.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. 6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that [he recipient is a high-risk grantee. Cf. 28 C.F.R. parts 66, 70. OJP FORM 4000/2 (REV. 4-88) - Department of Justice Office of Justice Programs h ~ - Bureau of Justice Assistance ~,,w,~' AWARD CONTINUATION SHEET PAGE 3 OF 5 Grant ~ PROJECT NUMBER 2010-DJ-BX-0440 AWARD DATE 08/13/2010 SPECIAL CONDITIONS 8. To support public safety and justice information sharing, OJP requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this special condition, visit http://www.niem.gov/implementationguide.php. 9. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdiction, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of duect grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or asub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith- based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equal_fbo.htm. 11. The recipient acknowledges that all programs funded through subawazds, whether at the state or local levels, must conform to the grant program requirements as stated in BJA program guidance. 12. The recipient agrees that any inforation technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 13. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.ojp.gov/default.aspx?area=policyAndPradice&page=1046. 14. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and a110ffice of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. I5. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that aze applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. OJP FORM 4000/2 (REV. 4-88) - Department of Justice ;~` "',, Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant ~ PROJECT NUMBER 2010-DJ-BX-0440 AWARD DATE 08/13/2010 SPECIAL CONDITIONS 16. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either duecUy by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive azea, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http://www.ojp.usdoj.govBJA/resource/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 17. The recipient is required to establish a trust fund account. (The trust fund may or may not be aninterest-bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal Financial Report (SF-425). 18. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. OJP FORM 4000/2 (REV. 4-88) „- Department of Justice I t/ r - ~L, Office of Justice Programs AWARD CONTINUATION '~i y ` ~ Bureau of Justice Assistance ~ SHEET ! PACE s of s o ~°'" ~ Grant I i PROJECT NUMBER 2010-DJ-BX-0440 AWARD DATE 08/13/2010 SPECIAL CONDITIONS 19. Award recipients must submit quarterly a Federal Financial Report (SF-425) and annual performance reports through GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 20. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and a-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 21. The grantee agrees that within 120 days of award acceptance, each member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (internet-based) task force training. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). Al] current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). OJP FORM 4000/2 (REV. 9-88) - Department of Justice GRANT MANAGER'S MEMORANDUM, PT. I: ~ Office of Justice Programs ~_- , i; i PROJECT SUMMARY , s ,i Bureau of Justice Assistance i ~ ~ `,, `*~~..~.~ Grant I PROJECT NUMBER PAGE 1 OF 1 2010-DJ-BX-0440 This project is supported under FY 10 (B]A -JAG) 42 USC 3750, et seq. Ii L- 1. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number) Stefanie Harris i Charmayne Davis (202) 305-8069 Grant Coordinator 4700 W. Midway Road j Fort Pierce, FL 34981-4825 I (772) 462-3359 3a. TITLE OF THE PROGRAM I 3b. POMS CODE (SEE INSTRUCTIONS FY 2010 Jusflce Assistance Gran[ Program ~ I ON REVERSE) 4. TITLE OF PROJECT Law Enforcement and Planning, Evaluation and Technology Improvement Program 5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE St Lude County 2300 Virginia Avenue Fort Pierce, FL 34984 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 10/01/2009 TO: 09/30/2013 FROM: 10/01/2009 TO: 09/30/2013 9. AMOUNT OF AWARD 10. DATE OF AWARD $ 109,745 i 08/13/2010 11. SECOND YEAR'S BUDGET I 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant Program QAG) allows states and units of local government, including tribes, to support a broad range of activities to prevent and control aime based on [heir own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation). The disparate jurisdictions consisting of St. Lucie County and the city of Fort Pierce will use their JAG award in the amount of 3109,795 to purchase law enforcement equipment. St. Lucie County, serving as the fiscal agent, will enhance its Bomb Disposal Team (B.D.T.) through the purchase of a digital controller, OJP FORM 4000/2 (REV. 4-88) digital radio repeater and fast responder PK4 cartridge mask filters. The purchase of this equipment will aid the Sheriffs Office in better serving the SL Lucie County community. Fort Pierce will use funds to purchase new servers, digital video recorders, and other law enforcement supplies for the police department. These purchases will serve to support the police department's community policing, gang abatement and crime preven[ion/reduc[ion initiatives and will also provide a great impact on the personal safety of each officer. Funds will be split evenly between both jurisdictions. NCA/NCF AGENDA REQUEST REGULAR PUBLIC HEARING LEG. QUASI-JD VI-E2 9/07/2010 CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Ken J. Mascara SUBMITTED BY: St. Lucie County Sheriffs Office, Administration Sheriff SUBJECT: Authorization to accept the U.S. Department of Homeland Secur' 2010 Port Security Program Grant (2010-PU-TO-0128). BACKGROUND: The U. S. Department of Homeland Security has awarded the St. Lucie County Sheriffs Office the 2010 Port Security Program Grant (2010-PU-TO-0128). Upon acceptance, this $378,320.00 grant will be used to implement the "Port Security Regional Enhancement Project" which will provide port-wide law enforcement management and awareness; training and exercises; and further capabilities to prevent, detect, respond to, and recover from attacks involving improvised explosive devices (IEDs) and other non-conventional weapons. No matching funds are required. FUNDS AVAILABLE: 107168-2110-331233-200 Dept. of Homeland Security PREVIOUS ACTION: February 16, 2010 - BOCC approved permission to apply. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution No. #10-239 and authorize the acceptance of the U. S. Department of Homeland Security 2010 Port Security Grant (2010-PU-TO-0128). COMMISSION ACTION: t~) APPROVED ( ) OTHER County Attorney Originating Dept. ( ) CONCURRENCE: ( ) DENIED !_-~ _ Faye W. Outlaw, MPA Approved 5.0 County Administrator Coordination/Signatures `' OMB Director ( ) Budget Analyst Dan McIntyre Marie Goui Sophia Holt (Name) ITEM NO. DATE: ERD ( ) (Name) St. Lucie County Sheriff's Office MEMORANDUM TO: Board of County Commissioners FROM: Ken J. Mascara, Sheriff St. Lucie County Sheriff ministration DATE: Tuesday, September 7, 2010 SUBJECT: Authorization to accept the U.S. Department of Homeland Security 2010 Port Security Program Grant (2010-PU-TO-0128). ITEM NO. VI - E2 Background: The U. S. Department of Homeland Security has awarded the St. Lucie County Sheriffs Office the 2010 Port Security Program Grant (2010-PU-TO-0128). Upon acceptance, this $378,320.00 grant will be used to implement the "Port Security Regional Enhancement Project" which will provide port-wide law enforcement management and awareness; training and exercises; and further capabilities to prevent, detect, respond to, and recover from attacks involving improvised explosive devices (IEDs) and other non-conventional weapons. No matching funds are required. Recommendation Staff recommends that the Board of County Commissioners approve Budget Resolution No. 10-239 and authorize the acceptance of the U. S. Department of Homeland Security 2010 Port Security Grant (2010- PU-TO-0128). i 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 Homeland Security in the amount of $378,320. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. RESOLUTION NO. 10-239 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 7th day of September, 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 107168-2110-331233-200 Dept. of Homeland Security $378,320 APPROPRIATIONS 107168-2110-591900-200 Transfer to Sheriff $378,320 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 7TH DAY OF SEPTEMBER 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY O~\A.T.. ~ _`. ,`o ~ r' ,.,~~ Jam,:; GND SEA' Department of Homeland Security, FEMA Grant Programs Directorate August 16, 2010 Mr. Chazles Grande St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Mr. Grande: Washington, D.C. 20531 I am pleased to inform you that the Grant Programs Directorate has approved the application for funding under the FY 2010 Port Security Grant Program in the amount of $378,320 for St. Lucie County. The FY 2010 Port Security Grant Program is an important component of a coordinated, national effort to strengthen the security of America's critical infrastructure. 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, Mel Vanterpool, Program Manager at (202) 786-9851; - Financial and Payment Questions, Grants Management Division (GMD) at (866) 927-5646, or send an email to ask-GMD@dhs.gov. Congratulations, and we look forward to working with you. Sincerely, c~~-~-- Elizabeth M. Harman Assistant Administrator Grant Programs Directorate Enclosures Department of Homeland Sectuity FEMA ~ ce o~, ~\Fti Grant Programs Directorate • ~ ", ` I PAGE 1 OF 5 mo~~,` Grant ~ _ ~ ~: ~~'~ND_SEGJ 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2010-PU-TO-0128 St Lucie County ~ 2300 Virginia Avenue 1 5. PROJECT PERIOD: FROM O6I01/20]0 TO 05/31/2013 Fort Pierce, FL 34982 i ~ BUDGET PERIOD: FROM O6/01/2010 TO 05/31/2013 6. AWARD DATE 08/16/2010 7. ACTION i lA. GRANTEE IRSNENDOR NO. 8. SUPPLEMENT NUMBER Initial 596000835 ~ ~ 9. PREVIOUS AWARD AMOUNT S 0 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD S 378,320 FY 2010 Port Security Grant Program i 11. TOTAL AWARD S 378,320 t ]2. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under Departrnent of Homeland Security Appropriations Act, 2010 (Public Law 111-083) 15. METHOD OF PAYMENT PARS GRANTEE ACCEPTANCE AGENCY APPROVAL 16. TYPED NAME AND TITLE OF APPROVING DHS OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Elizabeth M. Harman Charles Grande Chairperson, Board of County Commissioners i Assistant Administrator Grant Programs Directorate I i 17. SIGNATURE OF APPROVING DHS OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE c AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. PUlOV40137 FISCAL FUND BUD. DIV. POMS AMOUNT SUB REG . . YEAR CODE ACT. OFC. I 0 T PU 10 00 00 378320 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) Qi.ar Department of Homeland Security ~' °~~~ ~`' FEMA ,~' ~, Grant Programs Directorate x Z \'~F off`` . tr~n sEC~`' AWARD CONTINUATION SHEET Grant PAGE 2 OF 5 PROJECT NUMBER 2010-PU-TO-0128 AWARD DATE 08116/2010 SPECIAL CONDITIONS 1. The grantee and any subgrantee shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. Anon-exclusive list of regulations commonly applicable to DHS grants are listed below: A. Administrative Requirements I. 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2. 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (OMB Circular A-110) B. Cost Principles 1. 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87) 2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) 3. 2 CFR Part 230, Cost Principles for Non-Profit Organizations (OMB Circular A-122) 4. Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, ConUacts with Commercial Organizations C. Audit Requirements 1. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations 2. Recipient understands and agrees that it cannot use any federal funds, either directly or indrrectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA. 3. The recipient agrees that all allocations and use of funds under this grant will be in accordance with the FY 2010 Port Security Grant Program guidance and application kit. 4. The grantee is prohibited from obligating, expending or drawing down funds provided through this award until a Budget Review is completed and approved by the Grants Management Division (GMD) and an official notice has been issued removing this special condition. 5. The grantee is prohibited from obligating, expending or drawing down funds provided through this award that are associated with activities involving ground disturbance, constriction, modification of structures, and purchase and use of sonar equipment until all applicable environmental and historic preservation documentation is provided to GPD for review and approval and an official notice has been issued by GPD in removing this special condition. 6. The recipient shall submit the Federal Financial Report (FFR, SF-425) within 30 days of the end of the first Federal quarter following the initial grant award. The recipient shall submit quarterly FFRs thereafter until the grant ends. Reports are due on January 30, Apri130, July 30, and October 30. A report must be submitted for every quarter of the period of performance, including partial calendar quarters, as well as for periods where no grant activity occurs. Future awards and fund draw downs may be withheld if these reports are delinquent. The final FFR is due 90 days after the end date of the performance period. OJP FORM 4000/2 (REV. 4-88) - epRi;i-: Department of Homeland Security ' ~ r . FEMA °^~F"'`' AWARD CONTINUATION 7 0. Grant Programs Directorate I SHEET i PACE s of s `? o ~'~~ I ,.;~t~xn sf°°~ , ~ Grant - ~ i I ~ ~ I PROJECT NUMBER 2010-PU-TO-0128 AWARD DATE 08/16/2010 SPECIAL CONDITIONS In the event FEMA determines that changes aze necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via a-mail to ASK- GMD@dhs.gov if you have any questions. 8. A. Provisions applicable to a recipient that is a private entity. 1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not: a. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; b. Procure a commercial sex act during the period of time that the award is in effect: or c. Use forced labor in the performance of the award or subawards under the award. 2. We as the Federal awazding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity: a. Is determined to have violated a prohibition in pazagraph A.1 of this award term; or b. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph A.1 of this award term through conduct that is either: i. Associated with performance under this award; or ii. Imputed to you or the subrecipient using the standazds and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-procurement)," as implemented by our agency at 2 CFR Part 3000. OJP FORM 4000!2 (REV. 4-88) e~Tn'°~. Department of Homeland Security •` °~~Fti, FEMA y $4 1~ Grant Programs Directorate i `tx ~- o;~ J~L~ ~'~ND SEA' `~+~.~.~ AWARD CONTINUATION SHEET Grant PAGE 4 OF 5 PROJECT NUMBER 2010-PU-TO-0128 AWARD DATE 08!16/2010 SPECIAL CONDTfIONS B. Provisions applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity: 1. Is determined to have violated an applicable prohibition in pazagraph A.1 of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph A.1 of this award term through conduct that is either: a. Associated with performance under this award; or b. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debazment and Suspension (Non-procurement)," as implemented by our agency at 2 CFR part 3000. C. Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph A.1 of this awazd term. 2. Our right to terminate unilaterally that is described in paragraph A.2 or B of this section: a. Implements section 106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and b. Is in addition to all other remedies for noncompliance that aze available to us under this award. 3. You must include the requirements of paragraph A.1 of this award term in any subaward you make to a private entity. D. Definitions. For purposes of this award term: 1. "Employee" means either: a. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this awazd: or b. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services aze contributed by a third parry as an in-kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. "Private entity" means: a. Any entity other than a State, local government, Indian Tribe, or foreign public entity, as those terms are, defined in 2 CFR 175.25. b. Includes: i. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian Tribe at 2 CFR 175.25(b). ii. A for-profit organization. 4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). OJP FORM 9000/2 (REV. 4-88) QAxi . Department of Homeland Security ! o~~Fe.~; FEMA ;~~ o.. Grant Programs Directorate _, y ~';' AWARD CONTINUATION SHEET Grant PAGE 5 OF 5 ~~ ...,.,..,nTwrrn~nco ~mn_vn_Tn_n12R AWARD DATE 08/16/2010 SPECIAL CONDITIONS 10. A. "Classified national security information," as defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. B. No funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for and has access to such information. C. Where an award recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subawardee, or other entity without prior written approval from the DHS Office of Security. Industrial Security Program Branch (ISPB), or, an appropriate official within the Federal department or agency with whom the classified effort will be performed. D. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM); and/or other applicable implementing directives or instructions. All security requirement documents are located at: http://www.dhs.gov/xopnbiz/grants/index.shtm E. Immediately upon determination by the award recipient that funding under this award will be used to support such a conuad, subaward, or other agreement, and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other agreement, the award recipient shall contact ISPB, or the applicable Federal department or agency, for approval and processing instructions. DHS Office of Security ISPB contact information: Telephone: 202-447-5346 Email: DD254AdministrativeSecurity@dhs.gov Mail: Department of Homeland Security Office of the Chief Security Officer ATTN: ASD/Industrial Security Program Branch Washington, D.C. 20528 OJP FORM 4000/2 (REV. 4-88) e sa ~., Department of Homeland Security i~ ; (',RANT MANAGER'S MEMORANDUM, PT. I: , ~ o~~ti;;, FEMA I PROJECT SUMMARY ~~ ° ` Grant Programs Directorate ~,~~'E i Grant F ~ Y~~ ~ t~ND SE~ PROJECT NUMBER PAGE 1 OF 1 2010-PU-TO-0128 This project is supported under Department of Homeland Security Appropriations Act, 2010 (Public Law 111-083) I 1. STAFF CONTACT (Name & telephone number) ~ 2. PROJECT DIRECTOR (Name, address & telephone number) Mel Vanterpool ~ Charmayne G. Davis (202) 786-9851 Grant Admirtisorator 2300 Vrrginia Avenue ~ Fort Pierrx, FL 39982 (772) 462-3359 I 3b. POMS CODE (SEE INSTRUCTIONS 3a. TITLE OF THE PROGRAM ON REVERSE) FY 2010 Port Security Gran[ Program 4. TITLE OF PROJECT FY 2010 Pat Security Grant Program 5. NAME & ADDRESS OF GRANTEE ~ 6. NAME & ADRESS OF SUBGRANTEE St. Lucie County i 2300 Virginia Avenue Fort Pierce, FL 34982 7. PROGRAM PERIOD I 8. BUDGET PERIOD FROM: O6/01/2010 TO: 05/31/2013 i FROM: O6/01/2010 TO: 05/31/2013 ~ 9. AMOUNT OF AWARD ]0. DATE OF AWARD I $ 378,320 j 06/16/2010 I 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) Through this accord, the St. Lucie County will use grant funding in the amount of S378,320 from the Fiscal Year 2010 Port Security Grant Program (PSGP) for and recover from threats or acts of respond to rotect revent t w t i f ' , , , p ure o p c n raz s port security investments. These funds will enhance the ability of the nation terrorism. Project I: Port Security Regional Enhancement Project is approved for funding in the amount of 5378,320. The following items will not be funded by this grant: Vessel Motors with Controllers & Accessories, Box Truck, i M k A M ar ne az s, uga Diver Uniform and Equipment, Hard-wired Communication Cables, Full Face Marine Inflatable Life Vest. OJP FORM 4000/2 (REV. 4-88) F L C) R [ D A AGENDA REQUEST ITEM NO. VI- F DATE : 917110 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-~D ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Roberta Breene /~ SUBMITTED BY: Grants/Disaster Recovery Department Grants/Resource Developer SUBJECT: South Florida Water Management District - St. Lucie River Issues Team - Ranking of Five Grant Applications BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Not applicable. PREVIOUS ACTION: Not applicable. RECOMMENDATION: Board approval for the recommended prioritization of five grant applications to the South Florida Water Management District, St. Lucie River Issues Team. COMMISSION ACTION: CONCURRENCE: (~ APPROVED ( ) DENIED (` ~ OTHER _~~` Faye W. Outlaw, MPA Approved 5.0 County Administrator Coordination/Signatures County Attorney (X) Public Works Dir (X) ~ , Daniel McIntyre Do West Originating Dept. (X) / / Wi iam Hoeffneriam Hoeffner Environmental (X) Resources Dir. ,-. Ka en mith Environmental (X) Resources teve usek Grants/Disaster Recovery MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner ,(/!~ Grants/Disaster Recovery Director FROM: Roberta Breene i Grants/Resource Developer DATE: 9/7/2010 SUBJECT: South Florida Water Management District - St. Lucie River Issues Team -Ranking of Five Grant Applications ITEM NO. VI-F Background: State funding for St. Lucie River Issues Team (SLRIT) projects has not been available for two years. However, the Issues Team asks that we continue to submit projects to assure that if and when funding becomes available, they will have a viable list. We are submitting five projects (Attachment 1) and will be asked to prioritize the projects. We recommend the prioritization a follows: 1. White City stormwater Retrofit at Citrus and Saeger Avenues (Public Works Department) -This surface water restoration project will provide water quality and attenuation for stormwater runoff from a t42-acre residential neighborhood. The stormwater currently flows directly into the adjacent North Fork of the St. Lucie River by way of an open ditch. The project will also change the timing of freshwater reaching the estuary, reduce nutrient loads discharging to the estuary, and increase the shoreline habitat in the estuary. The proposed project is for bidding and construction. (Project cost = $1,862,589. Match provided $931,429). 2. Teague Ranch (Environmental Resources Department) -Restoration of 300 acres on an existing County- owned ESL Preserve to improve wetland habitat and water quality. The funds will be used to hire a contractor for permitting, design and construction. (Project cost = $20,000. Match provided $10,000 in Bond 317 funds). 3. Raccoon Island (Environmental Resources Department) -Restoration of 16+ acres on aCounty-leased property by the eradication of exotics and reforestation. Approximately 500 native trees and shrubs will be planted to restore the habitat. The funds will be used to hire a contractor. (Project cost = $20,000. Match provided $10,000 in Bond 317 funds). 4. Smith Ranch (V Bar 2) (Environmental Resources Department) -Acquisition of 686-acres of Cypress Creek known as the V-Bar 2 Ranch that was previously identified under the Conservation and Recreational Lands (CARL) and Comprehensive Everglades Restoration Program (CERP). The funds will be used to acquire the land and hire a contractor. (Project cost = $1,860,000. Match provided $930,000 in Bond 382 funds). An additional match may be provided by FCT which would reduce the County's bond fund match. Staff estimates it will be 3 years until all grant funds were procured and the site was opened to the public. 5. Roberts Nursery (Environmental Resources Department) -Acquisition of 35 acres of an active ornamental nursery along the North Fork of the St. Lucie River, restoration of 1.9 miles of shoreline and reconnection of an old oxbow improving water quality and storage. Funds will be used to acquire the land and hire a contractor (Project cost = $2,050,000. Match provided $1,050,000 in 382 Bond funds). An additional match may be provided by FCT which would reduce the County's bond fund match. Staff estimates it will be 3 years until all grant funds were procured and the site was opened to the public. Recommendation: Board approval for the recommended prioritization of five grant applications to the South Florida Water management District, St. Lucie River Issues Team. (~ Z~ ~ ~ ~/1 //~ ~ L ~~ W Z U N Cn ~ O ~ ~ Q W ~ O ~' ~ ~ ~ ..r < M +i .. / ~ C V ~ ~ ~' Ban ~ ~5 • LNL ~ L.L ~/J L.L N a ~i ~~ I ~ ~ . 9, ;. 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VI-G1 DATE: 9/7/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Waite, AICP SUBMITTED BY: Planning and Development Services Senior Planner SUBJECT: Development Agreement -Ravinia Investments, LLC BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: June 20, 2006 -The Board approved the Ravinia Final PUD, through the adoption of Resolution 06-159. RECOMMENDATION: Board authorization to advertise two public hearings before the Board of County Commissioners, as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: (~ APPROVED ( ) DENIED ( ) OTHER _ ~ f-` Faye W. Outlaw, MPA Approved 5.0 County Administrator County Attorney (X ) County Engineer ( ) Daniel S. McIntyre Michael Powley Originating Dept. (X ) Mark Satterlee ~/ Coordination/Sis~natures ~./~' County Surveyor ERD ( ) Ron Harris Karen Smith ~ • ~~- ~t~i~~~ ~~~ -~~ss~o~~Rs Ravinia Investments, LLC Development Agreement 0 AGENDA ITEM VI-G1 Hearing Date: September 7, 2010 GM File Number BCC 520081482 Aaalicant Ravinia Investments, LLC 825 Coral Ridge Dr. Coral Springs, FL 33071 Property Location West Midway Road, approxi- mately .5 miles west of South 25th Street. Land Use & Zoning Future Land Use: RS (Residential Suburban) and RU (Residential Urban) Zoning: PUD (Planned Unit Development -Ravinia) Staff Recommendation Board authorization to adver- tise two public hearings be- fore the Board of County Commissioners, as outlined in the agenda memorandum. Previous Action June 20, 2006- Final Planned Unit Development Approval was granted. Project Staff Diana Waite, AICP Senior Planner 772-462-2822 Midway Location: West Midway Road, approximately .25 miles west of South 25th Street Project Description Ravinia Investments, LLC is requesting a development agreement for Ravinia PUD. The development agreement would extend the approval of the project for five years and include conditions of approval to ad- dress roadway impacts on West Midway Road through a proportionate fair share payment for the required improvements. The Ravinia PUD development approval allowed for the development of 120 single family lots on a 60.31-acre parcel. Since that time, the County acquired 5.58 acres for the stomrwater management needs of the West Midway Road widening project. The development plan is being revised to exclude the County lands and reconfigure the lots and preserve area. The revised plan will be scheduled for consideration in conjunction with the development agree- ment. The development's expiration date was outside the dates that would qualify for the extension provided under SB 360. Land Development Code Section 11.08.02E requires consideration of the development agreement at two public hearings. Recommended Board Action Board authorization to advertise two public hearings before the Board of County Commissioners, as outlined in the agenda memorandum. Notice Requirements Public hearing notice was placed in the St. Lucie News Tribune and let- ters sent to property owners within 500 feet of the subject property. Prima Planning and Development Services Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Direct Kara Wood, Planning Manager FROM: Diana Waite, AICP, Senior Planner -rw-~ DATE: September 7, 2010 SUBJECT: Development Agreement -Ravinia Investments, LLC ITEM NO. VI-G1 Background: The County has received a request from Ravinia Investments, LLC to enter into a development agreement. Pursuant to the Land Development Code Section 11.08.02E, the consideration of the development agreement requires two public hearings before the Board of County Commissioners. If the Board grants permission to advertise, the hearing would be held upon finalization of the development agreement and an associated major adjustment to the Ravinia PUD development plan. The development agreement would be scheduled concurrent with this proposed major adjustment. The major adjustment provides for the removal of 5.58 acres that St. Lucie County purchased to serve the West Midway Road widening project's stomwater management needs, and reconfiguration of the lots and preserve area. As proposed by the developer the agreement would provide for: • A 5 year term; • Dedication of 55 feet for West Midway Road right-of-way along the front of the property (0.56 acres) within 60 days of the agreement's effective date; • A proportionate fair share payment for West Midway Road improvements; • Extension of the PUD Development Plan and Certificate of Capacity for 5 years (LDC Section 11.08.00 allows up to a 10 year term); and • Execution of a Landscaping Improvement Agreement. Recommendation Board authorization to advertise the development agreement for two public hearings before the Board of County Commissioners, as outlined in this agenda memorandum. PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Charlotte Lombard ~ SUBMITTED BY: Planning 8~ Development ServiceslTourism Tourism Coordinator SUBJECT: Tourist Development Council Grant Agreement for the Backus Gallery & Museum expansion project BACKGROUND: See attached memorandum. PREVIOUS ACTION: On March 23, 2010, the Board approved fully funding the Backus Gallery 8~ Museum's expansion project in the amount of $300,000. RECOMMENDATION: Board approval of the Tourist Development Council Grant Agreement with the Backus Gallery 8 Museum in an amount not to exceed $300,000 and authorization for the Chairman to execute the agreement as approved by the County Attorney. FUNDS AVAILABLE: 362-5210-581000-500 COMMISSION ACTION: (~ APPROVED ( ) DENIED ( ) OTHER Approved 5-0 ITEM NO. VI~ Gz DATE: 09/07/10 AGENDA REQUEST REGULAR ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator CoordinationlSignatures County Attorney ( ) OMB Director ( ) Budget Analyst Dan McIntyre Originating Dept. ( ) ~ ` ~i~~'z~u~ ERD ( ) C.Lombard/ M.Satterlee /~ Mane Gouin Patty Marston n/a Planning & Development Services MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, Planning & Development Services Dire ~• FROM: Charlotte Lombard . Planning & Developme Services/Tourism DATE: September 7, 2010 SUBJECT: Tourist Development Council Grant Agreement for the Backus Gallery 8~ Museum expansion project ITEM NO. VI-2 Background: On March 23, 2010, the Board unanimously approved to fully fund the Backus Gallery 8~ Museum's expansion project in the amount of $300,000. The expansion project will be phase one of an overall expansion that will add an additional 4,500 square feet to the existing facility. It is requested that the Board consider approving the attached Grant Agreement with the Backus Gallery & Museum. The agreement will authorize the disbursement of capital funds from the 33% percent of the fifth cent tourist development tax on a quarterly basis for one year. Construction will comply with the County's Local Preference Ordinance 09-005 and comply with green technology and building standards to the maximum extent possible. Recommendation Board approval of the Tourist Development Council Grant Agreement with the Backus Gallery & Museum in an amount not to exceed $300,000 and authorization for the Chairman to execute the agreement as approved by the County Attorney. GRANT AGREEMENT THIS GRANT AGREEMENT ("Agreement"), between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County" and A.E. 'BEAN" BACKUS GALLERY & MUSEUM, INC., or its successors, executors, administrators and assigns, hereinafter called the "Recipient" (hereinafter, County and Recipient may be individually referred to as a "Party" or collectively as the "Parties"). IN CONSIDERATION of the mutual benefits received by each Party, the Parties mutually agree as follows: 1. The County has agreed to disperse to the Recipient the total amount of three hundred thousand and 00/100 dollars ($300,000.00) ("Grant") for phase one expansion that will add an additional 4,500 square feet to the existing facility (the "Project") known as the A.E. "Bean" Backus Gallery & Museum (the "Museum"). 2. The Project Manager for the County is Charlotte Lombard, who may be reached by telephone at (772) 462-1539. The Project Manger for the Recipient is Kathleen Fredrick, who may be reached by telephone at (772) 465-0630. 3. The Grant shall be used by the Recipient for the renovation and construction of the Project in accordance with the St. Lucie County Tourist Development Council Capital Grants Program 2009/2010 Handbook and Recipient's Application, copies of which are attached hereto and incorporated herein as Exhibits "A" and "B" respectively. 4. The procedures for requesting and disbursing of progress payments pursuant to the Grant are set forth below as follows: a. Once renovation and construction commences on the Project, Recipient shall submit a completed request for funds form ("Request Form") to the County's Project Manager quarterly before the 25t" day of the third, sixth, ninth and twelfth month of the calendar year. The request for funds shall be for the dollar amount of Project work completed as of the last day preceding the submission of the request. All requests for payment submitted by the Recipient shall reference the County's Contract number. 1. If the County approves the Request Form, then the County shall make payment to the Recipient in the amount of the request contained in the Request Form within twenty (20) business days after the County's Project Manager's receipt of such Request Form. The County's Project Manager will review the Request Form and all certifications by the Recipient. Progress payments shalt be made during the process of construction in amounts not to exceed ninety percent (90%) of the amount due on the Grant on the basis of Work completed as certified by the Recipient and approved by the County'sTourism Manager. The remaining ten percent (10%) due from the Grant shall be paid within twenty (20) days of receipt of a Request Form with proof attached of obtaining a certificate of occupancy from the building official. S:\ATTY\AGREEMNT\Backus Grant Updated.wpd 1 2. The County may reject the Request Form in writing to the Recipient in which event the County shall specify the deficiency and the action necessary to correct the deficiency. Thereafter, the Recipient shall take all action necessary to correct the deficiency and shall submit the corrected Request Form to the County's Project Manager. If the Request Form is then acceptable to the County, payment shall be made by the County to Recipient within twenty (20) days after the County's Project Manager's receipt of a corrected Request Form. 5. The term of this Agreement shall be for one (1) year commencing on the date of this Agreement. The term of this Agreement may be extended upon the mutual written consent of the Parties. 6. The Recipient shall have internal controls adequate to safeguard the Grant funds and provide an audit by a certified, or duly licensed public accountant of the expenditures of the funds disbursed pursuant to this Agreement. Recipient shall submit all documents required within nine (9) months following the termination of its fiscal year during which funds are expended under the Grant Agreement. 7. The Recipient grants to the County the right until the expiration of three (3) years after the last expenditure of Grant funds under this Agreement, to audit the use of the Grant funds. Upon demand, the County shall be provided with access and the right to examine any books, documents, papers, and records of the Recipient involving transactions related to the use of Grant funds. All required records shall be maintained by Recipient until the earlier of the following occur: (a) an audit is completed and all questions arising therefrom are resolved; or (b) until the expiration of three (3) years after the last expenditure of Grant funds. 8. Recipient responsibilities shall include the following: a. Maintenance -The Museum shall be maintained by Recipient in accordance with the standards of maintenance for other similar local facilities in accordance with applicable health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair by Recipient to prevent undue deterioration and to encourage public use. b. Handicapped Accessibility - The Museum will provide for handicapped accessibility in compliance with applicable federal, state and local laws, rules and requirements. c. General Accessibility -The Museum must be accessible to the public upon the payment of an entrance or membership fee on anon-exclusive basis without discrimination. d. Road Signage - If the Museum is not visible from a major roadway, adequate signage to identify the Project to tourists shall be erected on the nearest major roadway, as permitted or restricted by the City of Fort Pierce, Florida, or any other governmental entity having jurisdiction of said roadway. S:\ATTY\AGREEMNT\Backus Grant Updated.wpd 2 e. On-Site Signage - Signage shall be erected by Recipient to acknowledge that Tourist Development tax dollars were used in part to construct the Project. The Recipient and the County shall mutually agree upon the type and location of Signage before or during construction. f. Recipient represents and warrants that it is holder of a fifty (50) year lease made and given by the City of Fort Pierce for the Museum site. Pursuant to Florida Statutes, Section 125.0104, Recipient covenants and agrees with County that the Grant funds will be utilized to remodel, improve and operate the Museum which will be City owned, open to the public, and operated by Recipient as anot-for-profit organization. If the Recipient sells, transfers or assigns for value received Recipient's interest in and to the Museum to another entity or to any other profit or not-for-profit organization, or otherwise, and such sale, transfer or assignment is for value and is not first approved by the County within thirty (30) years from and after the date of this Agreement, the Recipient shall be required to repay all Grant funds to the County. 9. The Recipient shall make available all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with this Agreement. 10. Recipient agrees to pay on behalf of, protect, defend, reimburse, indemnify and hold harmless the St. Lucie County Board of County Commissioners, its officials, agents, employees, elected officers, and representatives and each of them, collectively and for the purposes of this Paragraph 10 only, the County at all times from and against any and all claims, liability, expenses, losses, costs, fines, recoveries and damages, including attorney's fees resulting from the Recipient's receipt and expenditure of the Grant funds or causes of action of every kind and character against the County, including but not limited to, damage to property or the environment or bodily injury (including death, specifically arising out of or as a result of or incident to or in connection with Recipient's performance under this Agreement or the condition of the Project as a result of actions taken or omissions by Recipient pursuant to this Agreement; provided, however, that Recipient shall not be responsible to County for any claims, liability, expenses, losses, costs, fines, recoveries and damages, including costs and attorney's fees, resulting out of bodily injury or damages to property which Recipient can establish as being attributable to the sole negligence of County, its respective agents, servants, employees or officers. Recipient further agrees to pay on behalf of, indemnify and hold harmless the County for any fines, citations, court judgments, insurance claims, restoration costs or other liabilities specifically resulting from the Recipient's activities in, on or about the Project, whether or not the Recipient was negligent or even knowledgeable of any events precipitating such a fine, citation, insurance claim, restoration cost or other liability. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 11. Recipient shall maintain Comprehensive General Liability Insurance, including Broad Form Property Damage and Personal Injury Liability coverages. Such policy shall name St. Lucie County as additional insured. Limits of liability coverage to S:\ATTY\AGREEMNT\Backus Grant Updated.wpd 3 be not less than: 1. Bodily Injury Liability 2. Property Damage Liability or Bodily Injury and Property Damage Liability $1,000,000 each occurrence $ 50,000 each occurrence $1,000,000 each occurrence combined single limit Recipient shall maintain in effect Workers Compensation Insurance that meets Florida Statutory requirements. Recipient shall furnish the County with a Certificate of Insurance evidencing existence of the coverages required above with an insurer approved by to Insurance Comm issioner for the State of Florida. Each such certificate shall include the following wording: "St. Lucie County Board of County Commissioners, its officers and employees are named as additional insured's with respect to actions occurring as a resu It of this Agreement." In the event a claim is filed against a party for operations that are covered by the provisions of this Agreement, the Party agrees to notify the other Parties of the claim as soon as possible but not later that thirty (30) days after the party receives the claim, consideration being given to the form of the claim and the time limits within which answer must be served. Nothing in this Agreement shall be construed to affect in any way the County's rights, privileges and immunities, including sovereign immunity as provided by law as set forth in Florida Statute 768.28 12. The Recipient agrees to comply with all local, state and federal laws, rules and regulations including but not limited to Americans with Disability Act and Ordinance No. 09-005 "Local Preference". 13. All publications, media productions and exhibit graphics related to this Agreement shall include the following statement: "Sponsored in part by St. Lucie County Tourist Development Council". 14. If prior to commencement of construction, including, but not necessarily limited to preparation for construction by way of architecture and engineers' creation of specifications and plans, it should be determined that the Museum project is not feasible and will not commence, either party may terminate this Agreement upon the delivery of thirty (30) days' prior written notice to the other party. Following commencement of construction of the project, neither party may terminate this Agreement except for good cause shown, including breach of this Agreement by Recipient. S:\ATTY\AGREEMNT\Backus Grant Updated.wpd 4 15. Any notice shall be in writing and sent registered or certified mail, return receipt requested, postage and charges prepaid, and addressed to the Parties at the following addresses: To the County St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 W ith a copv to St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 To the Recipient• Kathleen Fredrick 500 North Indian River Drive Fort Pierce, FL 34950 With a copv to: Frank H. Fee, III, Esquire Fee, DeRoss & Fee, P.L. 426 avenue A Fort Pierce, FI 34950 Notice shall be deemed received on the date set forth on the return receipt. If any notice is returned because a Party refused to accept delivery thereof, then notice shall be deemed received on the date the notice was refused by such Party as evidenced by said return receipt. 16. No amendment, modification or waiver of any term or condition contained in this Agreement shall be valid or effective unless in writing, properly authorized, executed by both Parties and delivered. No waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms of contract modification, Recipient agrees to use said forms. 17. Except as otherwise provided, this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and/or assigns (only if permitted by the terms hereof). 18. The Parties shall not assign this Agreement to any other person or firm without first obtaining the other Parties written approval. In addition, the Parties shall not have the right to assign any or all of its rights and interests under this Agreement to any subsidiary or parent company, or any successor to its business through merger, consolidation, voluntary sale, or transfer of substantially all of its assets without the express written consent of the other Party. For purposes of this paragraph, a transfer of substantially of its assets shall mean more than fifty percent (50%) of the proprietary interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entity. Any attempt to effect an assignment without the other Parties prior written consent shall be deemed a default subject to the remedies provided herein. 18. This Agreement embodies the whole understanding and agreement of the Parties with respect to the subject matter of this Agreement. This Agreement shall S:\ATTY\AGREEMNT\Backus GrantUpdated.wpd 5 supersede all previous communications, representations or agreements between the Parties, either verbal or written. 19. In the event of a dispute between the Parties in connection with this Agreement, the Parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The Parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County, Florida. The fee of the mediator shall be shared equally by the Parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 20. All interpretations of 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: (a) for any claims arising under state law, venue shall be vested in the Nineteenth Judicial Circuit, in and for St. Lucie County, Florida; and (b) for any claims arising under federal law, venue shall be vested in the US District Court for the Southern District of Florida. IN WITNESS WHEREOF, the Parties have caused the execution by their duly authorized officials as of the day and year set forth below the signature of the last of the Parties to execute this Agreement. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Deputy Clerk ay: APPROVED AS TO FORM AND CORRECTNESS: Chairman By: County Attorney WITNESSES: A.E. "BEAN" BACKUS GALLERY & MUSUEM, INC. By ~--- Name: Title Date: S:\ATTY\AGREEMNT\Eackus Crant Updated.wpd 6 C C) U NT Y F L C3 R I Q A AGENDA REQUEST ITEM NO. VII-A DATE: 09/07/10 REGULAR ( ) PUBLIC HEARING (X ) LEG. (X ) QUASI-JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B Britton De W i SUBMITTED BY: Planning and Development Services Senior Plann Department SUBJECT: Kennels as a Permitted or Conditional Use in IL Zoning District BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of a text amendment to the LDC to include kennels as a permitted use with restrictions or a conditional use in the IL zoning district (Ordinance No. 10-026). COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Motion to approve Option C as stated by Comm. Craft for the record. CONCURRENCE: Faye W. Outlaw, MPA County Administrator ~ // Coordination/Signatures County Attorney (X) tl-dc County Surveyor ( ) Daniel S. Mdntyre County Engineer ( ) Originating Dept. (X ) Michael Powley N1.5 Ma k Satterlee Ron Harris ERD (X) K n Sm ith OMB ( ) Marie Gouin Purchasing ( ) Melissa Simberlund ~~ Planning and Development Services Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning 8~ D velopment Services Dire Kara Wood, Planning Manager FROM: Britton De-Witt, Senior Planne Planning Division DATE: September 7, 2010 SUBJECT: Kennels as a Permitted or Conditional Use in IL Zoning District ITEM NO.: VII-A Background: During the June 15, 2010 Board of County Commissioners hearing, the Board directed staff to amend the text of the Land Development Code (LDC) to include kennels as a permitted use in the IL (Industrial, Light) zoning district. During the August 17, 2010 public hearing on this item, the Board directed staff to provide the costs associated with processing a conditional use permit. The adopted fee schedule identifies the following charges associated with applying for a conditional use permit: • Base review fee of $1,500 for property containing 10 acres or less; • Base review fee of property over 10 acres is $2,000 and $10 per each additional acre; • Concurrency review fee of $50; and • Environmental Resources Department review of $100. The total fee associated with initiating a conditional use permit application is $1,650 for property of 10 acres or less, which is more than adequate size for siting a kennel facility. A conditional use permit requires a public hearing and review before the Planning and Zoning Commission and the Board of County Commissioners. Prior to both public hearings the following additional expenses are to be incurred by the applicant: • Mail notification to neighbors within 500 feet of the subject property (current postal rate is 44¢); • Display advertisement in the St. Lucie News Tribune for approximately $300; and • A posted sign identifying the proposed conditional use for approximately $75. The following table applies the above information to estimate the costs Animal Aid may incur in order to obtain a conditional use permit at the location that is currently being considered on Oleander Avenue: Kennels in IL Text Amendment August 31, 2010 Page 2 Item Cost Total A lication Fee $1,650.00 Mail Notification Fee 30 X .44 X 2 $26.40 News Pa er Dis la Ad 300 X 2 $600.00 Si n Notice $75.00 Total $2,351.40 Whether the use is adopted as permitted or conditional, if the property where the kennel is proposed is vacant and the proposed building will be over 6,000 square feet, the permit application must be submitted with a concurrent site plan application. If there is an existing building, alterations to the site may be required prior to issuing the conditional use permit. Additional costs associated with customizing the site with the intent to minimize any adverse effects of the proposed conditional use vary on a case-by-case basis. It is not uncommon for a project to require the employment of professionals in the field of law, engineering, planning, design and construction. The same may be true if specific standards are added to the adoption of kennels as a permitted use. Additional background information is located in the attached August 17, 2010 Board of County Commissioners and September 17, 2010 Planning and Zoning Commission agenda package. Previous Action: On July 15, 2010, the Planning and Zoning Commission reviewed this proposed amendment to the LDC and recommend that it be approved by a vote of 5:1 with the following required standards: 3.01.03. Zoning Districts T. IL INDUSTRIAL, LIGHT. 2. Permitted Uses: w. Kennels -Boarding of domestic dOQS and cats where the animal refuge will be in a fully enclosed building and any animal run shall be visually screened to a height of six feet and set back from all property lines at least 20 feet. The animals shall be housed within the required soundproof structure between the hours of 6:00 p.m. and 8:00 a.m. On August 17, 2010, the Board of County Commissioners held the first of two public hearings required for this proposed amendment to the LDC. It was requested that the item be brought back with information regarding the conditional use permit application process and the option to adopt the amendment as either a permitted use with specific standards or as a conditional use. Staff has prepared the following three draft ordinances: A) Permitted Use with Supplemental Standards (same as Planning and Zoning Commission example above); B) Conditional Use; and C) As both a conditional and permitted use: 3.01.03. Zoning Districts T. IL INDUSTRIAL, LIGHT. 2. Permitted Uses: w. Kennels -Allowed as a permitted use only when the property is surrounded by industrial uses or zoning and subject to the following standards: boarding of domestic dogs and cats where the animal refuge will be in a fully enclosed building and any animal run shall be visually screened to a height of six feet and set back from all property Kennels in IL Text Amendment August 31, 2010 Page 3 lines at least 20 feet. The animals shall be housed within the required soundproof structure between the hours of 6:00 p.m. and 8:00 a.m. 3.01.03. Zoning Districts T. IL INDUSTRIAL, LIGHT. 7. Conditional Uses: f. Kennels - (0752) Other than those permitted under Section 3.01.03 T.2.w. of the Land Development Code. Recommendation: Board approval of a text amendment to the LDC to include kennels as a permitted use with restrictions or a conditional use in the IL zoning district (Ordinance No. 10-026). 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 This Board is authorized by necessary for the exercise of violations of ordinances in acco Text Amendment to the Land Development Code AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO APPROVE AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE TO INCLUDE KENNELS AS A PERMITTED USE WITH LIMITING STANDARDS; PROVIDING FINDINGS; ROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEV LITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILIN TH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR CTIVE DATE; AND PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners 3.On August 1, adopted the St 4.On July 15~ proposed or days prior to ORDINANCE NO. 10-026A the followinrminations: i Statut establish, as are nec ry for the ordinances and resolutions fines and penalties for the of St. Lucie County Florida Commission held a public hearing on the n the St. Lucie News Tribune at least 10 fat the proposed ordinance be approved. eld its first public hearing on the proposed ordinance, hearing in the St. Lucie News Tribune on August 6, this Board held its second public hearing on the proposed ng a notice of such hearing in the St. Lucie News Tribune on The propo ndment to the St. Lucie County Land Development Code is consistent wit a general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. The specific amendment to the St. Lucie County Land Development Code to read as follows in underline format: 1. This Board is authorized by Sectio .01(1)(h), i coordinate and enforce zoning and such ess re protection of the public; and, 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 3.01.03. Zoning Districts T. IL INDUSTRIAL, LIGHT. 2. Permitted Uses: w. Kennels -Boarding of domestic dOQS and cats where the animal refuge will be in a fully enclosed building and any animal run shall be visually screened to a height of six feet and set back from all property lines at least 20 feet. The animals shall be housed within the required soundproof structure between the hours of 6:00 p.m. and 8:00 a.m. B. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to rated areas of St. Lucie County, County Ordinances and County Resolutions, s t f, in conflict with this Ordinance are hereby superseded by this Ordinance~e extent o conflict. C. SEVERABILITY If any portion of this Ordinance is for any re held or red to be un~stitutional, inoperative or void, such holding shall not affect m portions of this Ordinance. If this Ordinance or any provisions thereof shall be be inapplicable to any person, property, or circumstances, such h hall not affe applicability to any other person, property or circumstance. D. APPLICABILITY OF This Ordinance shall E. FILING WI The Clerk is hereb} Bureau o DeF F. CTIV Thi ance shall in the rated 1~6f St. Lucie County. DEPAR NT OF TE certified copy of this Ordinance to the Tallahassee, Florida, 32304. ing with the Department of State. Ordinance No. 10-026A File No.: TLDC 620104071 Page 2 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 G. ADOPTION After motion and second, the vote on this Ordinance was as follows: Charles Grande, Chairman XXX Doug Coward, Vice-Chair XXX Chris Dzadovsky, Commissioner XXX Chris Craft, Commissioner Paula Lewis, Commissioner PASSED AND DULY ADOPTED this 7~h day ATTEST: ST. L Deputy Clerk .t_ '° y ber, 2Q10 r ~' COMMISSIONERS FLORIDA n ED AS TO FORM AND TNESS: County Attorney Ordinance No. 10-026A File No.: TLDC 620104071 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 1. This Board is authorized by Section coordinate and enforce zoning and such protection of the public; and, Text Amendment to the Land Development Code AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO APPROVE AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE TO INCLUDE KENNELS AS A CONDITIONAL USE IN THE INDUSTRIAL LIGHT ZONING (IL) DISTRICT; P VIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS• ROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY• VIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ST OVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOP WHEREAS, the Board of County Commissioners This Board is authorized by necessary for the exercise of violations of ordinances in acco 3.On August 1, ' adopted the St. 4.On July 15~ proposed or days prior to ORDINANCE NO. 10-026B inations: establish, iry for the pt ordinances and resolutions ~e fines and penalties for the of St. Lucie County Florida Commission held a public hearing on the n the St. Lucie News Tribune at least 10 hat the proposed ordinance be approved. d held its first public hearing on the proposed ordinance, ch hearing in the St. Lucie News Tribune on August 6, this Board held its second public hearing on the proposed ng a notice of such hearing in the St. Lucie News Tribune on The propo ndment to the St. Lucie County Land Development Code is consistent wit a general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. The specific amendment to the St. Lucie County Land Development Code to read as follows in underline format: 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 3.01.03. Zoning Districts T. IL INDUSTRIAL, LIGHT. 7. Conditional Uses: f. Kennels - (0752) B. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to uninc County, County Ordinances and County Resolutions, or parts Ordinance are hereby superseded by this Ordinance to the ext C. SEVERABILITY If any portion of this Ordinance is for any reason inoperative or void, such holding shall not affect t this Ordinance or any provisions thereof shat property, or circumstances, such holding sha property or circumstance. D. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable E. FILING WITH THE DEPART The Clerk is herE Bureau of Laws, C :~ F. EFFECTIVE This unconstitutional, is Ordinance. If any person, n _ er person, St. Lucie County. a certifiec7"'bopy of this Ordinance to the Tallahassee, Florida, 32304. Department of State. ~d areas of St. Lucie in conflict with this .h conflict. x declared pining portions to be inapplicaC is aj~licability to Ordinance No. 10-0266 File No.: TLDC 620104071 Page 2 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 G. ADOPTION After motion and second, the vote on this Ordinance was as follows: Charles Grande, Chairman XXX Doug Coward, Vice-Chair XXX Chris Dzadovsky, Commissioner XXX Chris Craft, Commissioner Paula Lewis, Commissioner PASSED AND DULY ADOPTED this 7th ATTEST: Deputy Clerk ST. Y: ber, 2 10. COMMISSION Y, FLORIDA ~ AS TO FORM AND NESS: County Attorney Ordinance No. 10-0268 File No.: TLDC 620104071 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 ORDINANCE NO. 10-026C Text Amendment to the Land Development Code AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO APPROVE AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE TO INCLUDE KENNELS AS A PERMITTED USE WITH LIMITING STANDARDS AND AS A CONDITIONAL USE THE INDUSTRIAL LIGHT ZONING (IL) DISTRICT; PROVIDING FINDI PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FORS BILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FIL H THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR EF IVE DATE; AND PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissione 1. This Board is authorized by Section coordinate and enforce zoning and such protection of the public; and, ,~ 2. This Board is authorized by S necessary for the exercise of it violations of ordinances in accord 3.On August 1, adopted the ~ 4.On July 15, the proposed ordin a August 1 0 r er publishing 0. 6. On` tuber 7, 2 ordina fter pu August 2 10 of 'made the following inations: 1(1)(h rids Statutes establish, tions as are necessary for the 1(1)(t) to~ pres with I ommissio oment Code. ordinances and resolutions fines and penalties for the rs of St. Lucie County Florida nd ZonlCommission held a public hearing on the c the St. Lucie News Tribune at least 10 nd recom that the proposed ordinance be approved. held its first public hearing on the proposed ordinance, i hearing in the St. Lucie News Tribune on August 6, i, this Board held its second public hearing on the proposed ing a notice of such hearing in the St. Lucie News Tribune on 7. The proposedmendment to the St. Lucie County Land Development Code is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: 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 A. The specific amendment to the St. Lucie County Land Development Code to read as follows in underline format: 3.01.03. Zoning Districts T. IL INDUSTRIAL, LIGHT. 2. Permitted Uses: w. Kennels -Allowed as a permitted use only when the property is surrounded by industrial uses or zoning and subject to the following standards: Boardin of domestic do sand cats where the animal refu be in a full enclosed buildin and an animal run shall be visual) screened t i ht of six feet and set back from all oro~ertv lines at least 20 feet. The ani all be housed within the 3.01.03. Zoning Districts T. IL INDUSTRIAL, LIGHT. 7. Conditional Uses: f ICcnncle - B. CONFLICTING PROVISIONS Special acts of the Florida Legislatul County, County Ordinances and Coi Ordinance are hereby superseded by C. SEVERABILI If any portion of Ordinance c inoperative or voi holdi this Ordinance or a v' This E. FILIN H THE The Clerk is her Bureau of Laws, De n F. EFFECTIVE DATE rated areas of St. Lucie eof, in conflict with this such conflict. i held or declared to be unconstitutional, to remaining portions of this Ordinance. If .held to be inapplicable to any person, affect its applicability to any other person, :able in the unincorporated area of St. Lucie County. ARTMENT OF STATE cted forthwith to send a certified copy of this Ordinance to the ant of State, The Capitol, Tallahassee, Florida, 32304. This ordinance shall take effect upon filing with the Department of State. Ordinance No. 10-026C File No.: TLDC 620104071 Page 2 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 G. ADOPTION After motion and second, the vote on this Ordinance was as follows: Charles Grande, Chairman XXX Doug Coward, Vice-Chair XXX Chris Dzadovsky, Commissioner XXX Chris Craft, Commissioner Paula Lewis, Commissioner PASSED AND DULY ADOPTED this 7th day, ATTEST: BO Deputy Clerk 10. yam; ~ :fir==' r COMMISSIONERS ,FLORIDA rman AS TO FORM AND Ordinance No. 10-026C File No.: TLDC 620104071 Page 3 d C 3 Z ~ cW •L C ~ W ~ aZ Z ~ a •~ ~ ~ = J N ~ m c U v Y (A J ~ C N .~ ~ C to a~ a z y c a +• ~ O "a N N U Q cA ~ N O K N N m Z a E o ~ ~ -~--' L -~ N N p a ~ ~ ~ ~ f ~ O ~~ N `~ M ~ /~~ y.1 i4 ~/ .J ~ i W (/^~ tk =`~ ~ #yVi H ~ ~ m ~ O ~aaM L ~/ •~ d ~ alai y~ H a Forecast: Look for a week that's breezy, less rain BT JAMES KIRLEY the National Weather Ser- air in the uppera[mosphete, iun.kideyra~acripps,com vice in Melbourne Lascody said, a pattern Temperatures on the "It wID be cough, like a that is typical for the Treasure Coast tiffs week washboard, surf zone;' he Treasure Coast during ere forecast to lessen by a said "Be very t2udul going SeptembeD few degrees, but expect a tD the beadles There will bee 20percet4t strong east wind that will "Winds should start let- dlance d' daytime shawecs continue to make for rough tingupby the middle or]ate mostd the week, Iaslxldy and [readlerous conditions part of this week,"Iascody said, but they will not be at a[ea beeches added "But there wiR still very widespevad Alxlmbinationd txlshote be dangerous rip currents "Not a lot of rain this winds and swells from hur- -andtbet's pmbaWy going week," he said. riranes DanielleandEarl in to persist through next Expect daytime tecOpera- themid-Atlantlcwill chureL weekend." totes in the high 80s, a few up the ocean, said Randy The weather is being degrees cooler than last Iascodx meteorologist with driven by dry highPcessure week vERO REACx Habitat Cracker Hoedown is Vov.13 It's time to "Get on your Yeee-Haw" for Indian River Habitat for Human- ity's annual signature (tmdraiser -the Habitat Cracker Hoedown. The hoedown will take place from 6:3D to 1tr.30 pm. NoV 13 at Riverside Patio in Vero Beach. The event will take place beneath a big tent, wham guests will enjoy music Band Hpessedhots dlceuvccs and one coacplimenlary bev- erage during the Cracker CocktaIl Hour. The full dinnerwill inclt4de grilled file[ d beet, Pulled Port sliders and fried dLidtetL, gardensabkd, corn soufDe, Texas Toast, and carrot rake with whipped aeazn for dessert Them ll be cash bees. Enjoy groat live music throughout the evening by Dteamec partake m a silent auction, and play games, suds as Hillbilly Goff Tickets are E80 person csss or Yd3irh ;s tax aedDd- ible) or E150per couple and are available at Hahimt Fbr Humanity from 8:30 a.m. to b pm. Monday through Friday at the offices at 9568 N. U.S. 1 or online at irchab its[. org / H obi tat- HceDOwn.html or by call- ing (772) 562-9860, axis. 229 or 209. VERO REACx Pointe West to offer Farmers Market The new Pointe West Farmers Market will kirk off from 9 a.m. to 1 p.m. Oct. 1 at Heritage Park in Pointe West, 1999 Pointe West Drive. This maticet will featum keel vls4dots offering fresh produce and prepacedfeods along W ifh kl®18rdsans and an array of area musicians ID addition, there will be arts and tsaft items. includ- ing }landaatted Jeweky The market will remain open year-round Vend.0l5 Wlshing t0 Par- ticipate should call Bobbi Spencer marketmanage; at (772)578-B900.Allappll®ble licenses and inspections are Iefjlllt'ed, Dance Week. Sept. 17 m 2& In Ixlopetetion with ]oral by promoting kcal, profes independent dance dubs, sional dance events daily to studiesandirte+.t,r•lm~ USA intxeese awareness of bell- Dance Chapter6OA,~erving mom dancing Vero Beadl, Fart Pierce and The weeklong IxJe~ation Sebastian, has organized a providesano~portunity for Islander of dances, work- thepubllcmlearnbelltoom shops end rJasses. dance styles, enjoy social For details, visit vero- danciDg, at2serveshowrases dance.org or call Lorely and experieDce the pi>tiysilsl Ridge at (772)7709654. and emotional ber4erits of dancing. hTgtn stag regrls VERO RE1Cx Menper a IeaR lortyaight pal hours Prwr to Me mlmtmg R In2pe2-t546 orr0.0. n7/462-14ze. Am vulNtions abom Mis Ballroom danelllg agenaa roar ba rcfertea m st. Luck coumv %enninp Division m SPOtllgllt $ellt. l/ et (]72HBZ-28Y1. The Vem Heach Chap- BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA ter of USA Dance ffi Spore- /S CHARlFS GRANDE. CHAIRMAN coring NatlOnal Ballroom PUBl13N DATEAUpuR ]0, 2010 r ~ ~ ~ . ... I 1 1 1 1 1~ ' 1 1 1 i Ml WEIGNT LO55 CLINIC ON THE TREASURE COAS FOR '=-70 YEAR;1 ~ 1 ~S[fNE x ANEt Ia59-9911 LI IC 1W f 1 N T L O 5 5 C N 6 i~ ~s i l ~ t~ y • t~ n Ea r,~ ~~ F E T~ ~ ~ ~ 1 IFINOIIC IEALTN dF G\,NI.VI~ 1 www bsloreaMafterdist net E4 MN0 1 ~ - - ~ 1 . . 1 Cr istered Dietitisn t yd b a Re I=7 ~Q 11 l y ea g Overseen by a Gestroenhrologist T O F F 11 1 And Msnegad 6T a TALL NEW ruxsll Microbiologist w/minor EaP. NAnO L_____~1 in Food Scien4:a •sertm e°olm°°- I . ~~ ~ LgdN ownr Nd aP..re 6~ laaM Kbundx at tlx SL LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA NDTI September T7,M2010 T ro ST LUCIE COUNTY LAND DEVELOPMENT CODE 7M 6t luW CeurtlY snare d CRUaT rococo Wbrlara propow m Inrwear e».aepoen err Rx Tauewnrq by o: omeuNCE xo. N-oar AN owrVAxcE OF THE eOARO l% COUNTY mNeAISSI0PER6 of er tucE DouxTr. FInROA m APPROVE ANLEPOIIa TIE TERT nF THE uN0 DEV6APMRIT CODE TO MIC441ce RENNELa AS A PERMrnED USE wrtN SURIEaAFMAt STANDAIDS AND/oR As A CDIOIIIONAL USE w TIIE sVOUmaAt LtOlrr au mxnc acTncT PRP/IDNC Foraxos: PROVOSN; FOR Cg1FtICT111D PROVISIDns: PRDJDNG FOR SEVERAaam; moVlOnc FOR APPIIJaltry: Pnovolxo FOR FEINT YvtTN TIE FLORDA DEIArtrMEnr a STATE IROVOUc FOR AN ETFECrIVE wTEAxo PROVO/lc FOR ADDITION. '. DATEANDTIME TueWeY. September 7, 2010 a 6410 P.M. PLIIDE Counh Commiwon Chambers, st. Lode Coumy AeminiRraion eaaainv, Rover Pohras Anne.. z3oa virpmi. Avmue, Fort Pierce, Florida AIRICANT. Bare ofCAamY commiubnen. s<. web eovnty PURPOSE upeae m Me Lana Develapmem coae m mnaae coal kannaa a . permmetl or ronehional uee m the rwaataal cent BLlaaoning tliatdm. FaJ: NUMBFR:TLDC 8 2 010 4 07 1 This is Me aerone or two Pvak neeenva belare Me ao.re of county commi.aionaa on tma hem, wn~ oval be naa in the Commiauon Chambers, Roper Poiou Annex, are Floor, St Lucie Counh AeminiRrRion Buibinp. 2300 Virginia Avenue, Fort Pierce Florida on Tamtlay, SlgMnbar Ten, bepinninp R E:00 Y.M or u soon thRUBR n pouible. The hem cen be ronunaae m . futarc sae one rime. al intere.be persona wiu be given en opnartvmh m be ne.ra. Wrirten commenu racaved in edva¢e of the public hearing will elm be ronaieeme. Wrmen rommema to Me eosre a Counh Commiuionera shoud 6e receivetl by the %anninp antl Devel- opmem Servkea DeWrtmem - Planninv Division a least 3 eays prior to tree aMeauletl neednp. The peaion file is eveilable br 'ew et Me Plenninp and Oevelopmem Services Depsrtmem oKlcu IocRatl R 2300 Virginia Avenue 2ntl Floor, Pon Pierre, Flodde. Pleau cell ]72/x62-2822 'rf You have aM quudons or regwre.eehion.l bformabn. The St Lucie County Board of County Commiuionera has the power to review end pram any aPPlirationa wkhin their ems of ruponsibilrty. The Prxaetlinpa of tree Boom of Couny Commiuionen arc aeRroma.dY rerorew. StmDr, if a Person aeeia.. m.proal.m eamuon msde by Me st. ovate enemy eo.m or eovmy commi.aorNra wren n.pem m aM msrter ronatleratl a a maainp or hurnnp, he or one will need • rceom of the praceedinpa. Far suet purpou. Ae or one cosy neee m encore MR. yerb.tim rams of the proe.eabv. k msde, whilil rerortl inclueu the tunmoM and evidence upon whidl the appesl is to be baeetl. Upon Me mquut of any PaM to the prttceedinp, indivieueh teailyinp tlwinp a hesdnp will be sworn in. Any Wrtv to Me proceeeinp will be premed en opportunity mcrow-a:amine em individual teatihing eurinp e nearing upon request. It h beromu ne<awry, a Public nearing may bs eombaea to a eae certain. 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PA. who sad cad el keel 30 days behind m "GeditGUARD IitwelN caved tin [ ~ acrounL m cut Ihee pay- life std my muriage. we [W fZAFF WRITER m by 35% to 50°., and ~ ~m duce mortdu babied on all reduce or elimaate interest of om crealan and owed Duet Every three minutes 1 ,0f1(t-wiM ro way oN N 8 mother person falls -: ~ ght. CrtMIGUARD of Sv_-ag» L'3, t. 3t rind behind an credit raM debt ~' ~ 4aa; Arnerica mmxkd us av Ito no wwdR, since every plane and IwetM au jar credit card mmPm' thty pnymenls by 5236. has hearty doubled Me ~~~ Best f al, the uTeditws ~ retire monM1Y pay- Rapped calling us." Whm xJk mml cwRUmers' bills. asked how moat wss used Federal Regulators f .ed ~ . q ~mptled: "We'm caving clnrlge berauee of Ihor ~ cal 514.8110 R ivmmsl about the graving '. c oruern a paymevR and mrr Ida and nramwn of ro ~ is back on usdc b debt which skids u 52.17 MI- clxtg<s ekogelhec Doty tbs. We would me- couurrters care only Iwn. Maa peer 2m,000 bmiliea lased ommed CrditGUARD m atry- ~ pay the Mmum prymenL Mmughom the U 5. love °"e sitlraum' Angeb G. ' wean take up m 30 Ycer+m regmrled f ial irdependnas I am na Of Bdverde, 7X uys, Pay off with CredilGllARD's liartaed sffdd b amwer Me phaN a get Now, t f -s b sight fa mil bonded cad msored - ~ mail because 1 know n is rim a harassing meMt¢!" lions of Amerkms. CrcdiIGUARD of Amwira haz CmditGUARD of America, a received bigb marks 'n con- Certified Credit Caunulors R ron-pmfn licensed deb man- su9 s showing bigh sum R CmatGUARD of America pro- agemem urvice provider, is ~1 ~ dsfction and croft vide Debt Relief Cansulud¢u nuking a Dew propnn milabk dersce. a ro charge, Wien you rill 1- lower debt paynreNS and The CmditGUARD debt mm- 800-MO-6433. Cak:°lau your berome Gee of dl credit card zgemm Program can amudy imewat roe uvRgs inRNey debt M +"tY Ihwe m frn Ycer+~ rum a Peruo's hfe amurd. One onlbe whin you vent theh aeb Conamners rNed odY 54.0110 such cox m Mary C. Of New sim a www.crtakguaN.o~v Cmtlt Tmaan: Ewy ~ vines moNC peraam Llls behvd av cwt cexd pvymeva. ITEM NO. VII-G DATE: 08/17/10 • • , AGENDA REQUEST REGULAR ( ) PUBLIC HEARING (X ) LEG. (X ) QUASI-JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B Britton De Wi SUBMITTED BY: Planning and Development Services Senior Plann Department SUBJECT: Kennels as a Permitted Use in IL Zoning District BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board review of a text amendment to the LDC to include kennels as a permitted yet restricted use in the IL zoning district (Ordinance No. 10-026). COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) ~ s.~ County Surveyor Daniel S. McIntyre County Engineer ( ) Michael Powley Originating Dept. (X ) Mark Satterlee ERD OMB Ron Harris (X) Kare Smith Marie Gouin Purchasing ( ) Melissa Simberlund Planning and Development ~ ~ Services Department i • ~ ~ MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Kara Wood, Planning Manager FROM: Britton De Witt, Senior Planne Planning Division DATE: August 17, 2010 SUBJECT: Kennels as a Permitted Use in IL Zoning District ITEM NO.: VII-G Background: During the June 15, 2010 Board of County Commission hearing, the Board directed staff to amend the text of the Land Development Code (LDC) to include kennels as a permitted use in the IL (Industrial, Light) zoning district and to schedule the amendment for the next Planning and Zoning Commission hearing. The direction was initiated when a member of the public expressed a desire to open an animal rescue operation in an existing building in the IL zoning district where it is currently not a permitted use. An animal rescue operation falls under the general use category of kennels in the LDC. Per LDC Section 3.01.03, any permitted use in the IL zoning district is also a permitted use in the IH (Industrial, Heavy) zoning district. Therefore, an approval of kennels in the IL zoning district is also an approval of kennels in the IH zoning district. The LDC allows kennels as a permitted use in the AG-1, AG-2.5, and AG-5 zoning districts. The AR-1 (Agricultural, Residential - 1 dwelling unit/acre) zoning district permits kennels only as a Conditional Use (CU) and they must be enclosed. The use is required to follow the lot size and dimensional requirements of the zoning district as identified in table one in Section 7.04.00. The LDC lists kennels under the Standard Industrial Code (SIC) of 0752 which also includes the following additional uses: • Animal shelters • Artificial insemination services: animal specialties • Boarding horses • Boarding kennels ^ Breeding of animals, other than cattle hogs, sheep, goats, and poultry • Dog grooming • Dog pounds • Honey straining on the farm ^ Pedigree record services for pets and other animal specialties Kennels in IL Text Amendment August 10, 2010 Page 2 • Showing of pets and other animal specialties ^ Training horses, except racing Training of pets and other animal specialties ^ Vaccinating pets and other animal specialties, except by veterinarians Staff has performed a zoning district comparison with neighboring jurisdictions for Industrial Light zoning and staff found that the majority allow kennels as a permitted use (see table below). Only one provided supplemental standards for this use in the Industrial Light zoning district. The City of Vero Beach allows kennels as a permitted use in the Industrial Light zoning district with the following supplemental standards: "Boarding of domestic dogs and cats provided such activity is located no closer than 1,000 feet from a residential district; or where the animal refuge will be in a fully enclosed soundproofed building and any animal run is fully screened to a height of 6 feet and set back from all property lines by at least 25 feet and the outdoor run is only utilized during the hours between 8:00 a.m. and 6:00 p.m. All animals shall be housed within the required soundproof structure between the hours of 6:00 p.m. and 8:00 a.m." Kennels as permitted in the IL (or equivalent) zoning district: Jurisdiction Not permitted Permitted Conditional Port St. Lucie X Fort Pierce X Indian River Count X Vero Beach X Brevard Count X Sebastian X Martin Count X Jupiter X Oran e Count X Most of the land currently zoned IL and IH in the County is within the annexation area of the City of Ft. Pierce. The City only permits kennels as a conditional use in the Commercial General zoning district and does not allow kennels in Industrial Light. Since the 1950's, the St. Lucie County Humane Society has been located in the City of Ft. Pierce in a complex currently zoned Industrial Light. The Humane Society has operational contracts with the County and both municipalities. The Humane Society has therefore been grandfathered in and is considered a legal nonconforming use. If the Humane Society should cease to operate for longer than twelve months it would lose its legal nonconforming use status. Staff has received a comment from a citizen expressing their concern for allowing kennels as a permitted use in the Industrial Light zoning district (see attached email). It is suggested that the potential noise associated with housing a large number of dogs may not be compatible with many uses currently permitted in the Industrial Light zoning district. This citizen requests that the permitting of kennels go through the conditional use process. Provisions for conditional uses are identified in Section 11.07.00 in the LDC. The general purpose of a conditional use is to allow for the individual review of the particular location, design, intensity, configuration, and public facility impact in order to determine the appropriateness of the use on any particular site in the zoning district and their compatibility with adjacent uses. Additional conditions may be placed on a conditional use permit to make the uses compatible in their specific contexts. Currently within the County there are properties (developed and vacant) zoned IL and IH that are not serviced by water and sewer. When locating a kennel on property not served by water and sewer, the St. Lucie County Health Department requires a separate septic system specifically designed to process animal waste. If the kennel operators choose not to install a separate septic system, the solid waste must be bagged and placed in the garbage for transport to the land fill. Kennels in IL Text Amendment August 11, 2010 Page 3 The Environmental Resources Department has reviewed the proposed amendments and has the following comments: "Staff recommends the incorporation of supplemental landscape buffer standards for kennels. Specifically, staff recommends a minimum 15 foot landscape buffer on all side and rear perimeters, with an eight (8) foot opaque wall or fence planted with a four (4) foot tall continuous hedge and one (1) tree per thirty (30) linear feet. All landscaping shall be planted on the outside of the wall or fence. Front perimeter landscaping shall comply with Land Development Code 7.09.04(A)." Previous Action: On July 15, 2010, the Planning and Zoning Commission reviewed this proposed amendment to the LDC and recommend that it be approved by a vote of 5:1 with the following required standards: 3.01.03. Zoning Districts T. IL INDUSTRIAL, LIGHT. 2. Permitted Uses: w. Kennels -Boarding of domestic dogs and cats where the animal refuge will be in a fully enclosed building and any animal run shall be visually screened to a height of six feet and set back from all progertv lines at least 20 feet. The animals shall be housed within the required soundproof structure between the hours of 6:00 p.m. and 8:00 a.m. Recommendation: Board review of a text amendment to the LDC to include kennels as a permitted yet restricted use in the IL zoning district (Ordinance No. 10-026). ~ ~` , Le end m ~' ~ ~~ ~~ ~Q~ g , ~ IL zoning E . Y t Ind o Rd IH zoning 3 - FPUA Service Area _ ~ + y Y : ~ ;Municipalities O R ~ ~ • ~ ra~~es ', ~ ~ . t I .,. ,.~ t p Sl LuCI Ivd ~ ,t. ; t ~ .~. < <., a 'a . ~ ~ _ { , Map prepared July 27, 2010 ~ Juan ita A _; Y ~~ N ~ ~. , ` ~ ~ ` .~ w ~ X17. > Oran i~ :.~n• ~ ~~ ~c ~ -. ire 7 .. t~ . , ~ .. ~ ~ ~ ~~T ' `~ ~` ~ ~ ~ ~ . . . : 4 ; ~~as R~ ::: . { . ,- ?z , a ~ t , fi ~ ~ - t > ~ - ~ ~ - ~ ~~ ~ , Ntidway Rd i a~ ' ': ~ ~ "` 2 ~ } v y ~ 'A ~. a ~ ~,pm' ' ,~~ :'. r ..... ~.: ~ ~ ~ l .,„_ N 4QJ +~ T~ ~ ~. ~ ~ CA: ~lV ~} ~ ~. ~., r : '~ ~ '~ ~ Wa1tOa tad G 1:4riYii ~k ~~ \.. ~. II ~ ~ ~ ~ J °' m _ , ~ ~ ., Pai3 6t ~Luc1e 81 .. c~atb~ ~~a b .,; ... ~: - _- Environmental Resources Department Companion Report TO: Board of County Commissioners THROUGH: Karen Smith, Environmental Resources Department Director FROM: Jennifer Evans, Senior Environmental Planner DATE: August 4, 2010 SUBJECT: Animal Kennel Land Development Code Text Amendment Backs~round The Planning & Development Services Department requested Environmental Resources Department (ERD) input on the proposed Land Development Code text amendment. Findings ERD findings are presented in the ERD Final Report, which has been included in the agenda packet. Recommendations ERD supports approval of the proposed Land Development Code text amendment. Signature 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 ORDINANCE NO. 10-026 Text Amendment to the Land Development Code AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO APPROVE AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE TO INCLUDE KENNELS AS A PERMITTED USE IN THE INDUSTRIAL LIGHT ZONING (IL) DISTRICT; PR IDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS• ROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY• VIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ST OVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOP WHEREAS, the Board of County Commissioners de the followin rminations: 1. This Board is authorized by Sectio .01(1)(h), coordinate and enforce zoning and such ess re protection of the public; and, 2. This Board is authorized by 125.01(1 )(t necessary for the exercise of nd to p violations of ordinances in accor e 3.On August 1, 199 and of t rr adopted the St., Land D ent i Statut establish, as are nec ry for the pt ordinances and resolutions ~e fines and penalties for the of St. Lucie County Florida 4.On July 15 ,the Pla and Zo Commission held a public hearing on the proposed or ce after hing note the St. Lucie News Tribune at least 10 days prior to th rin a at the proposed ordinance be approved. 5. s~~p 010, oard held its first public hearing on the proposed ordinance, r publishi otic ch hearing in the St. Lucie News Tribune on , 010. .~, 6. Oi4'r~' •.. 201 is Board held its second public hearing on the proposed ord~ ,after pub 'ng a notice of such hearing in the St. Lucie News Tribune on 010. 7. The propo ndment to the St. Lucie County Land Development Code is consistent wit a general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. The specific amendment to the St. Lucie County Land Development Code to read as follows in underline format: 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 3.01.03. Zoning Districts T. IL INDUSTRIAL, LIGHT. 2. Permitted Uses: w. Kennels -Boarding of domestic dogs and cats where the animal refuge will be in a fully enclosed building and any animal run shall be visually screened to a height of six feet and set back from all property lines at least 20 feet. The animals shall be housed within the required soundproof structure between the hours of 6:00 o.m. and 8:00 a.m. B. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to rated areas of St. Lucie County, County Ordinances and County Resolutions, s t f, in conflict with this Ordinance are hereby superseded by this Ordinance a extent o conflict. C. SEVERABILITY If any portion of this Ordinance is for any re held or red to be un titutional, inoperative or void, such holding shall not affect m portions of this Ordinance. If this Ordinance or any provisions thereof shall be be inapplicable to any person, property, or circumstances, such h hall not affe .applicability to any other person, property or circumstance. D. APPLICABILITY OF ORDI in the rated a1~6f St. Lucie County. DEPAR NT OF TE en certified copy of this Ordinance to the ,Tallahassee, Florida, 32304. wiling with the Department of State. Ordinance No. 10-026 File No.: TLDC 620104071 Page 2 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 G. ADOPTION After motion and second, the vote on this Ordinance was as follows: Charles Grande, Chairman XXX Doug Coward, Vice-Chair XXX Chris Dzadovsky, Commissioner XXX Chris Craft, Commissioner Paula Lewis, Commissioner PASSED AND DULY ADOPTED this day, 2010 ATTEST: BOAR C COMMISSION _ ST. LUC Y, FLORIDA Deputy Clerk n D AS TO FORM AND NESS: County Attorney Ordinance No. 10-026 File No.: TLDC 620104071 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 St. Lucie County Planning and Zoning Commission/ Local Planning Agency Roger Poitras Annex, Commission Chambers, 3~d Floor July 15, 2010 Meeting 6:00 p.m. In the event of a conflict between these written minutes and a compact disc recording, the compact disc shall control. I. CALL TO ORDER Chairman Mundt called the meeting to order A. Pledge of Allegiance B. Roll Call ~ Craig Mundt ...................................... Britt Reynolds ................ ......... Pamela Hammer ............... .. Edward Lounds .................... .... Stephanie Morgan .................. ..... Tod Mowery.. .............. .. Susan Car .......... ............ Barry Schra ............ .............. Brad Culverho rriv 6:35)... fission Member cio Member Staff P t Heather ......... ..................Assistant County Attorney Mark Satterl ... ....................Planning and Development Services Director Kara Wood......... .. ......................Planning Manager Linda Pendarvis ................................Planner Britton DeWitt ...................................Senior Planner Michelle Hylton .................................Recording Secretary C. Announcements None. 37 D. Disclosures DRAFT Page 2 of 6 38 None. 39 II. MINUTES 40 Review the minutes from the May 20, 2010 meeting for approval. 41 Mr. Mowery moved to approve of the minutes as amended. 42 Mr. Reynolds seconded. The motion carried 8-0. 43 III. PUBLIC HEARINGS 44 A. Prayer Tower International, Inc. -PNRD 820093999 45 Petition of Prayer Tower International, Inc. for an amendment to the Official Zoning 46 Atlas to Change the Zoning from the RS - 4 (Residential, Single Family - 4 du/acre) 47 Zoning District to the PNRD (Planned Non-Residential Development) Zoning District and 48 grant Preliminary and Final Planned Non -Residential Development site plan approval 49 for the project known as Prayer Tower. Staff comments and presentation by Linda 50 Pendarvis. 51 Ms. Pendarvis presented the petition. 52 Mr. Lounds asked whether an existing facility at Juanita and 25th Street that serves alcohol 53 would be burdened by the location of the new religious facility. 54 Ms. Pendarvis stated they would not be affected unless they go out of existence for 12 months, 55 in which case they would need to apply for a conditional use or variance. 56 Steven Cooper, of Steven Cooper P.E. and Associates, spoke on behalf of the applicant 57 stating they agree with the report and recommendations. He stated they have FDOT approval 58 to build on 25th Street. 59 Mr. Schrader asked what kind of lighting would be used. 60 Mr. Cooper stated there is no proposed lighting. 61 Mr. Lounds asked about the size of the congregation in relation to traffic. 62 Pastor Jimmie Nettles, the applicant, stated they have 40-60 people, but are growing. 63 Mr. Mundt asked whether sound would be contained within the building. 64 Mr. Nettles stated that is correct. 65 Chairman Mundt opened the public hearing. Planning and Zoning Commission June 17, 2010 Minutes DRAFT Page 3 of 6 66 No one spoke. 67 Chairman Mundt closed the public hearing. 68 Mr. Mowery stated there are 51 proposed parking spaces in response to Mr. Lounds' question. 69 Mrs. Hammer asked if it were possible to waive the opaque fence requirement so it does not 70 block the view of trees. 71 Ms. Pendarvis stated the Code is adamant about fencing between a single family home and a 72 PNRD. 73 Mr. Lounds asked whether there could be a "step-down" fence to avoid traffic hazards. 74 Ms. Pendarvis stated they could do a triangle visual fence. 75 Mr. Schrader made the motion: 76 After Considering the testimony presented during the public hearing, including 77 staff comments, and the standards of review as set forth in Section 11.06.03, St. 78 Lucie County Land Development Code, I hereby move that the Planning and 79 Zoning Commission recommend that the St. Lucie County Board of County 80 Commissioners grant a change in Zoning from the RS-4 (Residential, Single 81 Family - 4 du/ac) Zoning District to the PNRD (Planned Non-Residential 82 Development) Zoning District, and preliminary/final PNRD site plan approval for 83 the project known as "Prayer Tower" because it is compatible with the 84 characteristics of the neighborhood and the zoning of the surrounding 85 properties, and I also ask that we include the conditions and recommendations 86 set forth by staff. 87 Mr. Reynolds seconded. 88 Mr. Mowery suggested moving the fence back to the front face of the homes to remove the 89 concern of Mr. Lounds. 90 Ms. Pendarvis stated they could require a 25-foot setback, which would be normal in this 91 zoning district. 92 Mr. Lounds stated that would satisfy his concerns. 93 Mr. Schrader amended his motion to include the 25-foot setback. 94 Mr. Reynolds stated his second stills stands. The motion carried 8-0. 95 B. Ordinance No. 10-026 Planning and Zoning Commission June 17, 2010 Minutes DRAFT Page 4 of 6 96 An Ordinance to approve amending the Text of the Land Development Code to include 97 kennels (SIC 0752) as a permitted use in the IL (Industrial Light) Zoning District. Staff 98 comments and presentation by Britton DeWitt. 99 Mrs. DeWitt presented the County initiated petition. 100 The Commission discussed the hours the dogs would be allowed outside, and the construction 101 of the kennels. 102 Chairman Mundt opened the public hearing. 103 Harold Smith, representing the person who brought the issue to the Board of County 104 Commissioners, spoke in favor of the Ordinance. He stated he believes it was a simple 105 oversight of something that could have been permitted in writing the Code. 106 Chairman Mundt closed the public hearing. 107 Mrs. Hammer stated if this were passed, it would apply to all Industrial Light areas in the 108 county. She stated she would not support this as a permitted use, but would be willing to 109 support it as a conditional use. 110 (Mr. Culverhouse joined the Commission) 111 Mrs. DeWitt stated a lot of the Industrial Light throughout the county is located near residential 112 areas. 113 Mr. Lounds stated he shares Mrs. Hammer's concern. 114 Mr. Mundt asked if soundproofing of the building was addressed in the ordinance. 115 Mrs. DeWitt stated it was not. 116 The Commission continued to discuss the issue of noise and soundproofing. 117 Mr. Mowery stated they could add supplemental regulation standards related to kennels in the 118 LDC, but it would still be a permitted use. 119 Ms. Wood stated when someone applies for an occupational license the Zoning Division would 120 check to make sure it is a permitted use in the zoning and a Code Enforcement Officer would 121 check to make sure standards that go with that use are in place on the property. 122 The Commission discussed changing the wording in relation to the Vero Beach regulations for 123 supplemental standards to address noise. 124 Mrs. Hammer stated she is not comfortable taking action without seeing a map to see all the 125 areas that will be impacted by this. Planning and Zoning Commission June 17, 2010 Minutes DRAFT Page 5 of 6 126 Mr. Satterlee stated they would provide a map for the BOCC so they have an analysis of the 127 acreage to which this would apply. He stated the BOCC said they want this as quickly as 128 possible, so he respectfully requested that the Commission take action tonight. 129 Mr. Mowery stated he would like to discuss a supplemental regulation adding hours of 130 operation for an outdoor dog run. 131 The Commission discussed adding supplemental regulations to the use. 132 Mr. Mowery made the motion: 133 A motion to approve after Considering the testimony presented during our 134 evening discussion, including staff comments, I would hereby move that the 135 Planning and Zoning Commission recommend that the St. Lucie County Board of 136 Commissioners a text amendment to the St. Lucie Land Development Code in 137 Section 3.01.03 (T) IL (Industrial Light) District granting kennels as a permitted 138 use, and adding to Section 7.10.00 supplemental regulations, a general standard 139 for kennels in the IL District, providing the language as shown under the Vero 140 Beach section: "boarding of domestic dogs and cats provided such activity is 141 located no closer than 1,000 feet from a residential district; or where the animal 142 refuge will be in a fully enclosed soundproofed building and any animal run is 143 fully screened to a height of 6 feet and set back from all property lines by at least 144 25 feet and the outdoor run is only utilized during the hours between 8:00 a.m. 145 and 6:00 p.m. All animals shall be housed within the required soundproof 146 structure between the hours of 6:00 p.m. and 8:00 a.m." 147 Mr. Reynolds seconded. 148 Ms. Young stated due to the fact the ordinance was advertised with a specific title amending 149 only the Industrial Light permitted uses, we would have to prepare a separate ordinance as 150 included in the motion. 151 The Commission discussed ways to add the language without a separate public hearing. 152 Ms. Young stated the Vero Beach Code actually approves hours of operation in the permitted 153 use language as opposed to supplemental standards, so if you did that you would be 154 amending it to make it more restrictive, and it wouldn't need to be re-advertised. 155 The Commission discussed how the standards would be written into the ordinance. 156 Ms. Young suggested an amendment to the motion to recommend approval: 157 The Planning and Zoning Commission recommends that the Board of County 158 Commissioners adopt proposed Ordinance number 10-026 with the addition of Planning and Zoning Commission June 17, 2010 Minutes DRAFT Page 6 of 6 159 the same restrictions as found in the comparable Vero Beach ordinance to the 160 language for permitted uses "kennels" in the IL Zoning District. 161 Chairman Mundt called for the previous motion and second to be withdrawn. The 162 Commission agreed. 163 Mr. Mowery stated the motion is acceptable. Mr. Reynolds concurred. 164 The Commission discussed the distance of the structures from homes. 165 Mr. Mowery amended his motion as follows: 166 We recommend to the Board of County Commissioners Ordinance No. 10-026, 167 amending St. Lucie County Land Development Code Section 3.01.03 (T) IL (Light 168 Industrial) Zoning District to allow kennels as a permitted use, adding the 169 language that the hours of operation be between 8:00 a.m. and 6:00 p.m. and that 170 the animal run is fully screened to a height of six feet and set back from all 171 property lines at least 20 feet. The animals shall be housed within the required 172 soundproof structure between the hours of 6:00 p.m. and 8:00 a.m. 173 Mr. Reynolds seconded. The motion carried 8-1 with Mrs. Hammer dissenting. 174 OTHER BUSINESS 175 A. Planning and Development Services Director Comments. 176 Mr. Satterlee stated BP has capped the well in the Gulf, and it is starting to solve the problem. 177 Mr. Lounds asked how to initiate an ordinance for relief from nuisance barking dogs. 178 Mr. Satterlee stated an individual could initiate the application or ask the BOCC to direct staff 179 to undertake that task. 180 The Commission briefly discussed the potential of initiating an ordinance for barking dogs, but 181 decided not to initiate such an ordinance. 182 IV. ADJOURN 183 There being no further business, the meeting adjourned at 7:15. Planning and Zoning Commission June 17, 2010 Minutes ~ 3 Z ~ W 'i W ~ aZ Z ~ cQ •C) G ~ = J J O 0 Z W ~ Y (n J ~ N C C N C C ~ f~ ~ ~ ~ Z N C ~- 1= O '~ ~ ~ ~ ~ U Q cA D ~ ~ ~ x ~ N N m 7 ~ Z ~ 1= O H Z ~ ~ O 'O y N O Q C ~ V ~s1 ,.~ F'e (~~ H •~ O T NA MW W ^ e ~~ O V r~ a Business PAGE B 6 FRIDAY , AUGUST 6, 2 0 1 0 EXECUTIVE PLANNER NEW LISTINGS Crutlna karr Market OpportunltlM:lnden RNer Beseardi and Eduratrm Cents, 2199 SouA Rxs Mad, Fort Rertx, 9:30 am.noca Aug 25. Reservaspns: (7721162-1600. DATED YEEnNGB SL Wde Cowtp~ Chamber Of Commerce Mom-Cdhsral Connell: Chemox AdnMStrafAe OIAce,1M0 6.w Fompmiew Bvtl.. 5uhe 201, Port Sc lads, 8:30 am, Aug 6. SMas[lan Chamber O/ Cranmerce: &eakfas[ Jerry Smim Fkarhg 915 U.5.1, Setastien, 89 am., Aug 6..Ages 1B«. 1778) 569 5868 srAestanchambencom. REGULAR YEETINGK fbHrca Small &rbau Oevebpmerrt Confer. Mana6enart cnnsekg for vna&deiness vxnns. WSC. 32DB Yrginia A•e., Fort Rene, Buldng E, Doom 123, 8 am.-5 p.m., DondaY-Fridry (8681263- m7. Fridays CoRae YEIN Commlulman Charlnan Charles GrerWe, S<. Lune Crory Commssion. Commission Charmers, 2300 Vrgrie Ave., Fort Rene, 8:30830 am., fourth Fridry. (7M) 3191333; rho@ stkrdedartberorg NEW BUSINESSES Have a new business' Let us know about it Are you opening a new business on the Treasure coasts We'd like to share your good news on the business page of S¢dpps Treasure Coast Newspapers and the business section of TCPalm.cmn. To submit information on a new business, go to wwwtcpalm com/submtt, rlidc on the ..new business" link and complete the form. NATION NEW YORK Stocks dip as jobless claims spike A surprisingly poor signal on the jobs market sent stocks slightly lower Thursday as investors remained worried about a lack of biting. The modes[ drop carne after the WborDeparmrentsaid fast-time claims for unemployment benefits rose unex- pertedlvlast week. Invesmrs hied m musters ]a[edayrally, but [here wasn't enough momentum m push the Dow Jones industrial aver- age bark into positive terrimry. The Dow closed down 5 points after dfoPPing as much as 68 points earlier in the day Broader indexes also fell modestly The Dow fell 5.95, or 0.1 percent, m 10.674.98. The Stan- dard & Pours 500 index fell 1.43, or 0.1 Percent. m 1,125.81, while the Nasdaq compasi[e index fe1110.51, orOS percent. tc 2,293.06 WASNINGTON Fannie Mae asks for $1.5B in aid after loss Covernmentcon[mlled mortgage rompany Fannie Mae is asking for S1S billion in additional taxpayer aid after posting a smaller loss in the second quarter. Fannie Mae said Thursday that it lost {3.13 billion, or 55 carts pershare, in the April-toJune period. The resuts were the best since the cmnpany was put under federal conhol th Septamber2008. That takes into acoount A.9 billion in dividends paid to the Treasury Department It compares witha lass of 5152 billion, or 1267 a share, in the quarter a year ago. "Across our industry we ate seeing a mote realistic approach m housing and lending that bodes well for the future," Mike Williams, the company's chief' executive, said in a statement TRAVERSE CITY, MICM. GM CEO erects good demand for shares Demand for General Momrs Co. stock should be good when the company decides to offer its shams to the Public, CEO Ed Whitacre said Thursday The company he said, is moving enfant as it ran to offer strafes for sale, but Whitacre wouk! not comment on the timing other than to say as soon as possible Some expects had expected GM to sell only a partial stake m the Public iNdallX but Whitacre onThutsday said "our anticipation is we d roll i[ out there all at once" GM spokesmenlaferseidthe decisiononboth whenand how mlfchegtfity to sell willbe made by current slockhold- ers, the US. and Canadian governments, a United Auto Workers health care trust and former bondholdere. The U.S. government got 61 percent of GM in exchange for giving the company about S50 billion in aid as it went through bankruptcy protection last year. GM has repaid 56.7 billion off the money; and the balance was amverted to the ownership stake in the automaker. F1mn roue reports TREASURE COAST STOCK SPOTLIGHT M`cT.a~,n m~ra ~n ~.anv - - ~.sw~ ._ ._ xM~a - ~~°`° - - TCPALM.Ct7R,: Track arty stack. create your ctstom patfofie. ~~~~~ T C P A L M. C O M S L Piper's ex-PR firm sues company Carlisle Group accuses airoraft maker of damaging its reputation and of breach of contract BY ED BIERSCNENK Steve Johnston, Piper's ed.bienchenk@~scrilAS.mm vire president of human VERO REACH - A for- resources, said Thursday mar spokesman for Piper afternoon the company Aircraft has filed a breach had not been served with d' amtreM lawsuit against the lawsuit. Bu[ company thecomPany oH-icialshaeebcenteview- The Carlisle Group Inc., ing the allegations that which used to handle purr harp been reported in the lit relatlonsandmarketing media. services for Piper Aircraft '"Phone reported allega- Inc., filed the suit this [ions ate false and rom- week. pletely without merit. If The Carlisle Group is they are, in fact part of a seeking more than 5140,000 legal action against Pipet; in damages from Piper, we willvigamusly contest according to Marie Miller, those allegatans," John president and chief execu- smn said five officer of the New The suit states Miller York-based firm. Miller was informed on June 7 for about a decade acted as that Piper was tarminat- spokesmanfor Pipet ing its annual mn[reM In addition, the suit with the company which claims Miller and his com- was scheduled [o run pony's reputation were unffi the end d'the Yean damaged because the air- According to the suit, creftmanofarr+vvr misrep the oNY reason given for resented information that the termination was that Miller was told to give to "Piper could no longer the media. afford to pay Carlisle's Shoppers get cautious The Associated Press their spending, restrein- With the economy oNy ingtheeconomir rebound, limping along, Ameri- they said cans are m1ce again being Butwithou[ morespend- choosy at stores, many of ifrg, companies will likely theta buying only at deep be slow to bite discounts because they `"Ib break out of this, can't shake uncertainty we need both empkrycnent about theirjolrs and consumptlon m come aetallers around the up together," said Nigel country posted a sales GaNt,aneamomistatIHS increase of just 2.8 per- Global Insight. cent for July over a year On Friday, the govem- earlier- end a[ that time, went will release its snap theeoonomylooked much shot of the nation's job bleaker than it does today mafketforJu)j; andno one The JNyfigure, released expects anything strong. Thursday by thelnrerna- tionel Council of Shop- ping Centers based on p~ROG1E5 results from 31 chains, sa1aR• Krare, Chww, hurre was the fourth straight OPEN YFAa RC%1NDI month of weak retaH T asm. vw~reM numbers. ~ ~; ,~~`~"~' For the most part, -redarh- sl..i. ee.tK.~. economists were sn hnnrrf Oa.z AtAe, nn., disappointed. t¢n,/Gas[kma Without more jobs, vlsa.Ir Americans are likely to lmslw~ KikMn remain cautious with F•n n.,o, a ~rrer 772-393-1021 Family Law ^~1~ Linda L. Weiksnar Board Catllfed gvil Tdal Lawyer • Divorce • Chr7d SupporVPatemiry • Modifications •Pre-Nuptial Agreements ct~r¢BLTcx.~v: Atbmeys d le,r ~ E1mAErAd l927 wwvertMWmocm • STUAaT•]81-1900 agreed-to monthly fee due its capacity as Piper's put to the financial diH-iculties uc rn]atlons agency" Plperwas againexperienc- Miller said he did not ing" and was forced to do know a[ the time some of the welt in-house. the information he passed In addition, the suit on m the media contained rialtos Miller was "misled what he now says are on both a personal and misrepresentations. prffiessiona] level becalfse The suit contends Piper of mNtiple misrepresen- breached the amtrect with tations Piper made and Carlisle Fry terminating it directed Carlisle m [ell the without reuse prior m the news and aviation media in end of the year. OVER 35 YEARS cxo~vscurw i:: '~ Divorce - Fami19 lav (Criminal Ddelose -DUI ~ frdts 301 -200 S. Indian River Dr. ,> r e.. _...... ,.... ~, ~~, Fort Places, FL 34950-4332 o.bomaoprmoaan.n.t Telephone 772-465-7411 Facsimile 772-465-7413 hla~ ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA August 17, 2010 NOTICE OF PROPOSED TEXT AMENDMENT TO ST. LUCIE COUNN LAND DEVELOPMENT CODE The St. Lucie County BoaN of County Commissioners proposes to consider the adoption of the following M Oroinance: ORDINANCE NO. 10-026 AN ORDINANCE OF 7HE BOARD OF COUNTY COMMISSIONERSOFST.LUCIE000NTY,FLORIDA, TO APPROVE AMENDINGTHETEXT OFTRE LAND DEVELOPMENT CODE TO INCLUDE KENNELS AS A PERMITTED USE INTHE INDUSTRIAL LIGHT (IL) ZONING DISTRICT; PROWDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILffY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WfiH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. DATE AND TIME: Tuesday, August 17, 2010 at 6:00 P.M. PLACE: County Commission Chambers, St. Lucie County Administration Building, Roger Poihas Annex, 2300 Virginia Avenue, Fort Pierce, Fbrida APPLICANT: Board of County Commissioners, St. Lucie County PURPOSE: Update to the Wad Devebpment Code to include animal kennels as a permitted use in the Industrial Light (IL) zoning district. FILE NUMBER: TLDC 620104071 This is the first of two public hearings before the Board of County Commissioners on this hem, which will be held in the Commission Chambers, Roger Pumas Annez, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, fort Pierce, Florida on Tuesday, August 17th, beginning at 6:00 P.M. or as soon thereafter as possible. Action can be taken during the second meekng, or the item can be continued to a future date and tlme. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written cemmems to the Board of County Commissbnere should be received by the Planning and Devebpment Services Department -Planning Division at least 3 days prbr to the scheduled hearing. The petdion the is available for review at the Planning and Devebpmem Services Department ortices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida. Please call 772/462-2822 if you have any questons or require addtional information. The St. Lucie County Board of County Commissbners has the power to review and grant any applications within their area of responsibility. Tbeproceedingsotthe BoardofCounryCommissbners are elechonicelly recorded. PURSUANT TO Bertha 286.0105, Fbrida Statutes, if a person decides to appeal any decisbn made by the St. Lucie Count' Board of County Commisswners whh respect to any matter considered at a meeting or hearing, he or she will deed a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evWence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testying during a hearing will be sworn in. Any party to the proceeding will be gramed an opportunity to rxossezamine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date certain. Anyone whh a disability requiring accommodation to attend this meeting should comact the St. Lucie Couray Community Risk Manager at least furry-eight (48) hours prior to Me meeting ar (772)462-1546 or T.D.D. 772/462-1428. Any questions about this agenda may be referted to St. Lucie County Planning Division at (772)462-2822. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 7S/ CHARLES GRANDE, CHAIRMAN PUBLISH DATE: August 6, 2010 Britton Wilson From: Frank Andrews [fandrews@hsslc.org) Sent: Thursday, January 08, 2004 10:52 PM To: Britton Wilson Subject: kennels Dear Ms. Wilson: Further to our discussion yesterday I thought I would reiterate some of the things we discussed re kennels. 1. Air conditioning as such is nice but does have some drawbacks because it accelerates air flow which in turn can cause such things as kennel cough and distemper to become a problem. Natural ventilation and adequate shade works well in many situations. 2. Noise can become an issue where dogs are not housed indoors at night. 3. Waste disposal and cleaning chemicals including water run-off can be a contaminant to nearby wells. 4. Breeders and puppy mills are a concern to many animal lovers. It might be better to review each kennel application as a conditional use on a case by case basis thereby insuring that the use is acceptable; the numbers and types of animals complies with the available area appropriately. Frank Andrews AGENDA REQUEST ITEM NO. III-B DATE: 7/15/10 REGULAR ( ) PUBLIC HEARING (X ) LEG. (X ) QUASI-JD ( ) CONSENT ( ) TO: Planning and Zoning Commission PRESENTED BY: Britton Wilson SUBMITTED BY: Planning and Development Services Senior Planner Department SUBJECT: Text amendment to the Land Development Code (LDC) to include enclosed kennels as a permitted use in IL zoning district. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: NA PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Recommend adoption of the text amendment to the LDC to include enclosed kennels as a permitted use in the IL zoning district (Ordinance No. 10-026). County Attorney (X ) County Engineer ( ) Originating Dept. (X ) Daniel S. McIntyre Michael Powley Mark Satterlee CoordinatioNSis~natures County Surveyor ERD ( ) Ron Harris (X) Karen Smith ) Growth Management Department MEMORANDUM TO: Planning and Zoning Commission ~%,~ THROUGH: Mark Satterlee, AICP, Planning & Development Services Director,,!_ FROM: Britton Wilson, Senior Planner, Planning Divisiy~~~ // DATE: July 15, 2010 SUBJECT: Text amendment to the Land Development Code (LDC) to include enclosed kennels as a permitted use in the IL zoning district. ITEM NO.: III-B Background: During the public comment portion of the June 15, 2010 Board of County Commission hearing, the Board directed staff to amend the text of the LDC to include kennels as a permitted use in the IL (Industrial, Light) zoning district and to schedule the amendment for the next Planning and Zoning Commission hearing. The direction was initiated when a member of the public expressed a desire to open an animal rescue operation in an existing building in the IL zoning district where it is currently not a permitted use. An animal rescue operation falls under the general use category of kennels in the LDC. The LDC allows kennels as a permitted use in the AG-1 (Agricultural - 1 dwelling unit/acre), AG- 2.5 (Agricultural - 1 dwelling unit / 2.5 acres) and AG-5 (Agricultural - 1 dwelling unit / 5 acres) zoning districts. The AR-1 (Agricultural, Residential - 1 dwelling unit/acre) zoning district permits it only as a Conditional Use (CU) and the kennels must be enclosed. The use is required to follow the lot size and dimensional requirements of the zoning district that it is located in as identified in table one in Section 7.04.00. The LDC lists kennels under the Standard Industrial Code (SIC) of 0752 which also includes the following additional uses: • Animal shelters • Artificial insemination services: animal specialties • Boarding horses • Boarding kennels • Breeding of animals, other than cattle hogs, sheep, goats, and poultry • Dog grooming • Dog pounds ^ Honey straining on the farm • Pedigree record services for pets and other animal specialties • Showing of pets and other animal specialties ^ Training horses, except racing File No.: TLDC 620104071 July 6, 2010 Page 2 • Training of pets and other animal specialties • Vaccinating pets and other animal specialties, except by veterinarians When researching neighboring jurisdictions in a zoning district comparable to the Industrial Light zoning district, staff found that the majority allowed kennels as a permitted use (see table below) and only one provided supplemental standards for this use in the Industrial Light zoning district. The City of Vero Beach allows kennels as a permitted use in the Industrial Light zoning district with the following supplemental standards: "Boarding of domestic dogs and cats provided such activity is located no closer than 1,000 feet from a residential district; or where the animal refuge will be in a fully enclosed soundproofed building and any animal run is fully screened to a height of 6 feet and set back from all property lines by at least 25 feet and the outdoor run is only utilized during the hours between 8:00 a.m. and 6:00 p.m. All animals shall be housed within the required soundproof structure between the hours of 6:00 p.m. and 8:00 a.m." Kennels as permitted in the IL (or equivalent) zoning district: Jurisdiction Not ermitted Permitted Conditional Port St. Lucie X Fort Pierce X Indian River Coun X Vero Beach X Brevard Coun X Sebastian X Martin Coun X Ju iter X Oran a Coun X Since most of the land currently zoned IL in the County is within the annexation area of the City of Ft. Pierce, staff looked closely at how that jurisdiction treats the proposed amendment. The City will permit kennels as a conditional use only in the Commercial General zoning district and does not allow kennels in Industrial Light. Since the 1950's, the St. Lucie County Humane Society has been located in the City of Ft. Pierce in a complex currently zoned Industrial Light. The Humane Society has operational contracts with the County and both municipalities. The Humane Society has therefore been grandfathered in and is considered a legal nonconforming use. If the Humane Society should cease to operate for longer than twelve months it would lose its legal nonconforming use status. Staff has received a comment from a citizen expressing their concern for allowing kennels as a permitted use in the Industrial Light zoning district (see attached email). It is suggested that the potential noise associated with housing a large number of dogs may not be compatible with many uses currently permitted in the Industrial Light zoning district and has requested that the permitting of kennels go through the conditional use process. Provisions for conditional uses are identified in Section 11.07.00 in the LDC. The general purpose of a conditional use is to allow for the individual review of the particular location, design, intensity, configuration, and public facility impact in order to determine the appropriateness of the use on any particular site in the zoning district and their compatibility with adjacent uses. Additional conditions may be placed on a conditional use permit to make the uses compatible in their specific contexts. Currently within the County there are properties (developed and vacant) zoned IL that are not serviced by water and sewer. When locating a kennel on property that is not served by water and sewer, the St. Lucie County Health Department requires a separate septic system that is File No.: TLDC 620104071 July 6, 2010 Page 3 specifically designed to process the proteins present in animal waste. If the kennel operators choose not to install a separate septic system, the solid waste must be bagged and placed in the garbage far transport to the land fill. The Environmental Resources Department has reviewed the proposed amendments and has the following comments: Staff recommends the incorporation of supplemental landscape buffer standards for kennels. Specifically, staff recommends a minimum 15 foot landscape buffer on all side and rear perimeters, with an eight (8) foot opaque wall or fence planted with a four (4) foot tall continuous hedge and one (1) tree per thirty (30) linear feet. All landscaping shall be planted on the outside of the wall or fence. Front perimeter landscaping shall comply with Land Development Code 7.09.04(A). Staff is recommending approval of the proposed amendment because with adequate buffering and noise control it may be consistent with the use types and intensities found in IL zoning. Additional consideration may be given as to whether the use should have supplemental standards applied or be processed as a conditional use. Recommendation Recommend adoption of the text amendment to the LDC to include enclosed kennels as a permitted use in the IL zoning district (Ordinance No. 10-026). Environmental Resources Department Final Report TO: Britton Wilson, Planning & Development Services Department THROUGH: Karen L. Smith, Environmental Resources Department Director FROM: Jennifer Evans, Senior Environmental Planner DATE: July 1, 2010 SUBJECT: Animal Kennel LDC Text Amendment Background The Environmental Resources Department (ERD) received the Planning and Development Services' Ordinance No. 10-026 for a text amendment to the Land Development Code on June 23, 2010. The amendment proposes to allow kennels as a permitted use within the Industrial Light (IL) zoning district. Findin s Staff recommends the incorporation of supplemental landscape buffer standards for kennels. Specifically, staff recommends a minimum 15 foot landscape buffer on all side and rear perimeters, with an eight (8) foot opaque wall or fence planted with a four (4) foot tall continuous hedge and one (1) tree per thirty (30) linear feet. All landscaping shall be planted on the outside of the wall or fence. Front perimeter landscaping shall comply with Land Development Code 7.09.04(A). Recommendation ERD supports the Planning and Development recommendation of approval with incorporation of supplemental standards as detailed above. Please contact Jennirfer Evans at 772-462-3862 if you have any questions. C:\Documents and Settings\WilsonB\Local Settings\Temporary Internet Files\Content.0utlook\90o4DPJMAnimal Kennel LDC TeXt Amendment 6_30_10.docx ;a ~1.. 1 2 3 4 5 6 7 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 ORDINANCE N0.10-026 Text Amendment to the Land Development Code AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO APPROVE AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE TO INCLUDE KENNELS (SIC 0752) AS A PERMITTED USE IN THE INDUSTRIAL LIGHT ZONING DISTRICT; PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; ; ~~OVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; '"-PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTLQN. WHEREAS, the Board of County Commissioners has made the following'determinations: 1. This Board is authorized by Section 125.01(1)(h), .Florida Statutes -to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and, 2. This Board is authorized by Section 125.01(1)(t) to adopt ordinances and resolutions necessary for the exercise of i#s powers and to prescribe fines and penalties for the violations of ordinances in accordance vvith law. 3.On August 1, 1990 the Board of County Gomrnissioners of St. Lucie County Florida adopted the St. Lucie County Land Development Code. 4. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 - March .14, 1991 91-09 - May 14, 1991 91-21 - November 7, 1991 92-17 - June 2, 1992 93-01 - February 1fi, 1993 93-03 - February 16, 1993 93-05 - May 25, 1993 93-06 - May 25, 1993 93-07 - May 2~, 1993 94-07 - June 22, 1994 94-18 - August 16, 1994 94-21 - August 16, 1994 95-01 - January 10, 1995 96-10 - August 6, 1996 97-01 - March 4, 1997 97-09 - October 7, 1997 97-03 - September 2, 1997 99-01 - February 2, 1999 99-02 - Apr116, 1999 99-03 - August 17, 1999 99-04 - August 17, 1999 99-05 - July 20, 1999 99-15 - July 20, 1999 99-16 - July 02, 1999 99-17 - September 7, 1999 99-18 - November 2, 1999 00-10 - June 13, 2000 00-11 - June 13, 2000 00-12 - June 13, 2000 00-13 - June 13, 2000 01-03 - December 18, 2001 02-05 - June 24, 2002 02-09 - March 5, 2002 02-20 - October 15, 2002 02-29 - October 15, 2002 03-05 - October 7, 2003 04-02 - January 20, 2004 04-07 - April 20, 2004 04-33 - December 7, 2005 05-01 - March 15, 2005 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 05-03 - August 2, 2005 05-04 - August 2, 2005 05-07- January 18, 2005 05-16 - August 16, 2005 05-23 - September 20, 2005 06-05 - April 18, 2006 06-13 - June 6, 2006 06-22 - July 18, 2006 06-30 - September 12, 2006 06-40 - August 1, 2006 06-47 - December 5, 2006 07-11 - February 6, 2007 07-15 - May 1, 2007 07-17 - June 5, 2007 07-32 - November 6, 2007 08-04 - March 11, 2008 08-08- June 17, 2008 5.On July 15, 2010, the Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the St: Lucie News Tribune at least 10 days prior to the hearing and recommended that the. proposed ordinance be approved. 6.On , 2010, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune on , 2010. 7. On 2010, this Board held its second ...public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune on 2010, 8. The proposed amendment to the St. Lucie County ~ Land Development Code is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and `are in the befit .interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. The ~ ~ ' 'c amendment'to the St. Lucie County Land Development Code to read underline format: .03. Zonin ricts . T. IL IND /AL, LIGHT. ~_ 2. P~ 'fled Uses: ...., I(cnncle - B. Special acts of the rida 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. 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 provisions thereof shall be held to be inapplicable to any person, Ordinance No. 10-026 File No.: TLDC 620104071 Page 2 (~ 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 property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. D. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable in the unincorporated area of St. Lucie County. E. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy- of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Fiorida, 32304. F. EFFECTIVE DATE This ordinance shall take effect upon filing with the; Department of State: G. ADOPTION After motion and second, the vote on this Ordinance was as follows: Charles Grande, Chairman- XXX Doug Coward, Vice-Chair XXX. Chris Dzadovsky, Commissioner XXX Chris Craft,' Commissioner XXX Paula-:Lewis, Commissioner XXX PASSED AND DULY ADOPTED this day, 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: County Attorney Ordinance No. 10-026 File No.: TLDC 620104071 Page 3 11.07.00. CONDITIONAL USES 11.07.01. General Provisions. A. Purpose. The purpose of this section is to provide for uses that are generally compatible with the use characteristics of a zoning district, but which require individual review of their location, design, intensity, configuration, and public facility impact in order to determine the appropriateness of the use on any particular site in the district and their compatibility with adjacent uses. Conditional uses may require the imposition of additional conditions to make the uses compatible in their specific contexts. B. Authority. The Board of County Commissioners may, in accordance with the procedures, standards, and limitations of this Code, grant conditional use permits for those uses enumerated in each of the zoning districts in Section 3.01.00 of this Code. C. Requirement for Four-Fifths Vote When Protest is Filed. In the case of a written protest against an application for a Conditional Use Permit, signed by the owners of fifty percent (50%) or more of the area within five hundred (500) feet of the property affected by the proposed action, such Conditional Use Permit shall not be approved except by the favorable vote of four- fifths (4/5) of all of the Board of County Commissioners. Publicly owned right-of-way, although included in calculating the distance of five hundred (500) feet referred to in the previous sentence, shall not be included in determining the total of the area lying within five hundred (500) feet of the property involved in such proposed permit application and the percentages referred to. 11.07.02. Persons Entitled to Initiate Applications. An application for a conditional use may only be submitted by the owner or any other person having a contractual interest in the parcel of land proposed for conditional use. 11.07.03. Standards for Review of Conditional Use Permits. A conditional use permit shall be granted only if the applicant demonstrates the following: A. Consistency With Local Code and Comprehensive Plan. The proposed conditional use is in compliance with all requirements, and is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County; and is in compliance with all additional standards imposed on it by the particular provisions of this Code authorizing such use. B. Effect on Adjacent Properties. 1. The proposed conditional use will not have an undue adverse effect upon nearby property. 2. The proposed conditional use is compatible with the existing or planned character of the neighborhood in which it would be located. 3. All reasonable steps have been taken to minimize any adverse effect of the proposed conditional use on the immediate vicinity through building design, site design, landscaping, and screening. 4. The proposed conditional use 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. C. Adequacy of Public Facilities. The proposed conditional use will be served by adequate public facilities and services, including roads, police protection, fire protection, solid waste disposal, water, sewer, drainage structures, parks and mass transit. D. Adequacy of Fire Protection. The applicant for the proposed conditional use has obtained from the St. Lucie County -Fort Pierce Fire Prevention Bureau written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. E. Environmental Impact. For developments required to provide an environmental impact report under Section 11.02.09(A)(5), the proposed conditional use will not contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August 1982). 11.07.04. Conditions on Conditional Use Permits. The Board of County Commissioners shall attach such conditions, limitations, and requirements to a conditional use permit as are necessary to effectuate the purposes of Section 11.07.01; to carry out the spirit and purpose of this Code and the St. Lucie County Comprehensive Plan; and to prevent or minimize adverse effects upon other property in the neighborhood, including but not limited to limitations on size, intensity of use, bulk and location, landscaping, lighting, the provision of adequate ingress and egress, duration of the permit, and hours of operation. Such conditions shall be set forth expressly in the resolution granting the conditional use permit. A. Traffic Control Devices. Whenever, as the result of traffic generated by a proposed conditional use, it is determined, based on the Manual on Uniform Traffic Control Devices, that there is a need to install traffic control devices (including traffic signals, signing, and pavement markings), the conditional use permit shall not be granted except upon the condition that the applicant be responsible for installing all said devices and signs, or making an equitable contribution toward such installation. B. Access Improvements. A conditional use permit shall not be granted except upon the condition that the applicant provide the access (ingress and egress) improvements determined to be necessary as a result of traffic generated by the development. C. Projects Requiring Other Regulatory Approval. 1. For proposed conditional uses requiring any permit from the United States Army Corps of Engineers, the Florida Department of Environmental Regulation, the Florida Department of Natural Resources, or any other state or federal regulatory authority, the Board of County Commissioners shall not grant unconditionally aconditional use permit until it has received from such agency notice of either issuance of or intent to issue the required regulatory permit. 2. The Board of County Commissioners may grant a conditional use permit contingent upon receiving notice of either issuance of or intent to issue any required regulatory permit if it can make, on a tentative basis and subject to confirmation, the fmdings required in Section 11.07.03(E). A conditional use permit granted contingent upon receiving notice of either issuance of or intent to issue any required regulatory permit shall not preclude the Board of County Commissioners, after reviewing the regulatory permit application and other information, from revoking such contingent grant of a conditional use permit based solely upon an inability to confirm the findings required in Section 11.07.03(E) or from protesting the regulatory permit application. D. Reduction In Maximum Residential Density. The Board of County Commissioners shall require a reduction from the maximum residential density permitted in the zoning district in which a conditional use is to be located when such allowable maximum residential density: 1. Would impose an excessive burden, as determined by recognized engineering or other professional standards, on public facilities that would serve the proposed conditional use; or 2. Would contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August, 1982). 11.07.05. Application Procedures. A. Pre Application Conference. An application for conditional use is initiated by requesting in writing apre-application conference with the Growth Management Director. The request shall include a description of the character, location and magnitude of the proposed conditional use, together with a proposed timetable for development. The purpose of this meeting is to acquaint the applicant with the requirements of this Code and the views and concerns of the County when positions are flexible. Within twenty (20) days of the request, the Growth Management Director shall schedule apre-application conference with the applicant and other relevant County departments. B. Filing Application for Conditional Use Permit. 1. Filing. After the pre-application conference, an applicant for a conditional use permit shall submit an application to the Growth Management Director accompanied by anon-refundable fee as established from time to time by the Board of County Commissioners to defray the actual cost of processing the application. If, in accordance with Section 3.01.00, the specific conditional use applied for requires site plan approval, the applicant shall submit a site plan meeting the requirements of Section 11.03.00 of this Code. If, in accordance with Section 3.01.00, the specific conditional use applied for does not require site plan approval, the applicant shall submit a written statement of proposed use including, but not limited to, the nature of the use and the proposed improvements to the site. Conditional use applications shall include a site plan if the proposed use would be located in whole or in part in a one hundred (100) year floodplain or on North or South Hutchinson Island. Applications for conditional use approval shall include such other information or documentation as the Director deems necessary for the full and proper consideration and disposition of the application. 2. Review by Growth Management Director. a. Within twenty (20) days after an application for conditional use approval is submitted, the Growth Management Director shall determine whether the application is complete. If the Director determines that the application is not complete, he shall send a written statement specifying the deficiencies to the applicant by mail. The Director shall take no further action on the application unless the deficiencies are remedied. b. Within thirty (30) days after the Growth Management Director determines that an application for conditional use permit is complete, the Director shall review the application, make a report, and notify the Planning and Zoning Commission that the application is ready to review. C. Hearing and Action by Planning and Zoning Commission. 1. Hearing. Upon notification that the application for a conditional use permit is ready for review, the Planning and Zoning Commission shall place it on the next regularly scheduled agenda for public hearing in accordance with the provisions of Section 11.00.03. The public hearing held on the application for conditional use shall be in accordance with Section 11.00.04. 2. Review. In reviewing the conditional use application, the Planning and Zoning Commission shall consider the report of the Growth Management Director; shall determine whether the proposed use meets the standards in Sections 11.07.03, 11.07.04, and 3.01.00 for conditional uses; and shall determine whether the proposed use meets all other provisions of this Code, the St. Lucie County Comprehensive Plan, and any other applicable County Ordinance. The Planning and Zoning Commission may recommend certain conditions be met before approval of the application. 3. Recommendation. Within a reasonable time of the conclusion of the public hearing, not to exceed thirty (30) days, the Planning and Zoning Commission shall make a recommendation to approve, approve with conditions, or deny the application. D. Hearing and Action by Board of County Commissioners. 1. Hearing. Upon notification of the recommendation of the Planning and Zoning Commission, the Board of County Commissioners shall place the conditional use application on the next regulazly scheduled agenda for a public heazing in accordance with the requirements of Section 11.00.03. The public hearing on the application shall be held in accordance with Section 11.00.04. 2. Review. In reviewing the application, the Board of County Commissioners shall consider the report of the Growth Management Director and the recommendation of the Planning and Zoning Commission; shall determine whether the proposed use meets the standazds in Sections 11.07.03, 11.07.04, and 3.01.00 for conditional uses; and shall determine whether the proposed use meets all other provisions of this Code, the St. Lucie County Comprehensive Plan, and any other applicable County Ordinance. The Board may require certain conditions be met before approval of the application. 3. Action. Within a reasonable time of the conclusion of the public hearing, not to exceed thirty (30) days, the Board of County Commissioners shall approve, approve with conditions, or deny the application for conditional use permit in accordance with Section 11.00.04(E). The decision on the application shall be by resolution setting forth the findings of the Boazd of County Commissioners and any condition, limitation, or requirement of such decision. 4. Notice of Action. Notification of the Boazd of County Commissioners' decision shall be mailed to all parties; and the decision shall be filed with the Office of the Growth Management Director in accordance with Section 11.00.04(l~. E. Development and Adjustment of an Approved or Existing Conditional Use. 1. Effect of Issuance of Conditional Use Permit. The issuance of a conditional use permit shall only constitute approval of the proposed use, and development of the use shall not be carried out until the applicant has secured all other permits and approvals required. 2. Adjustments to an Approved or Existing Conditional Use. Adjustments to a conditional use may be permitted as follows: a. Minor Adjustments -The Growth Management Director shall authorize minor adjustments to a conditional use. Such minor adjustments shall be consistent with the intent and purpose of the St. Lucie County Comprehensive Plan, this Code, the conditional use as approved or existing, and shall be the minimum necessazy. Such minor adjustments shall be limited to the following: 1. altering the bulk of any one (1) structure by not more than twenty-five percent (25%); or, 2 altering the location of any one (1) structure or group of structures by not more than ten (10) feet; or, 3. altering the location of any circulation element by not more than ten (10) feet; or, 4. altering the location of any open space by not more than ten (10) feet; or, 5. reducing the total amount of open space by not more than five percent (5%) or reducing the yard area or open space associated with any single structure by not more than five percent (5%); or, 6. altering the location, type, or quality of landscaping elements; or, 7. change in project name or ownership of the property. Notice of the authorization of such minor adjustments shall be provided to the Board of County Commissioners. b. Major Adjustments in Substantial Conformity. 1. Any other adjustment to a conditional use shall be a major adjustment and shall be granted only upon application to and approval by the Board of County Commissioners, which shall grant approval for such other adjustment after a public hearing upon finding that any proposed change in the conditional use as approved or existing will be in substantial conformity with the original approval or the existing conditional use. The Board of County Commissioners shall place the application for major adjustment on the agenda of a regularly scheduled meeting for a public hearing in accordance with the requirements of Section 11.00.03. The public hearing on the application shall be held in accordance with Section 11.00.04. 2. If the Board of County Commissioners determines that the major adjustment is not in substantial conformity with the original approval or the existing conditional use, then it shall deny the application for adjustment. Such denial shall not preclude development of an approved conditional use. 3. Inspections During Development of an Approved Conditional Use a. Inspections by Growth Management Director. Following approval of a conditional use, the Growth Management Director shall, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved conditional use and with the approved development schedule, if applicable. b. Action by Growth Management Director. If the Growth Management Duector fmds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the approved conditional use, he shall notify the Board of County Commissioners of such fact and may, if he finds it necessary for the protection of the public health, safety, or welfare, take such necessary action to stop such non-compliance. c. Action by Boazd of County Commissioners. Within thirty (30) days following notification by the Growth Management Director, the Board of County Commissioners shall determine whether development of the conditional use is proceeding in accordance with the approved conditional use. If the Board of County Commissioners finds the development is not proceeding in accordance with the approved conditional use, it shall either revoke the permit or take the necessary action to compel compliance with the approved conditional use. 4. Inspections After Development. a. Inspection by Growth Management Director. Following completion of the development of a conditional use, the Growth Management Director shall review the development as completed and determine if it complies with the approved conditional use. b. Action by Growth Management Director. If the Growth Management Director finds that the development as completed fails in any respect to comply with the use as approved, he shall immediately notify the Boazd of County Commissioners of such fact. c. Action by Boazd of County Commissioners. Within thirty (30) days following notification by the Growth Management Director, the Board of County Commissioners shall determine whether the completed conditional use fails in any respect to follow the approved conditional use permit. If the Boazd of County Commissioners finds the completed conditional use fails in any respect to follow the approved conditional use, it shall either revoke the permit or take the necessary action to compel compliance with the conditional use. 4 F. Extensions of Conditional Use Permits. The time limitations imposed on a conditional use permit by Section 11.07.05(I) may be extended by the Board of County Commissioners not more than one (1) time, and for not more than twenty-four (24) months, upon application by the applicant and after a public hearing held in accordance with Section 11.00.04. G. Existing Conditional Uses. A legally conforming use that exists on the effective date of this Code and that is permitted as a conditional use in a zoning district in Section 3.01.03 of this Code shall not be deemed a nonconforming use in that district, but shall without further action be considered a conforming use. A use existing prior to its present classification by this Code as a conditional use may change in use or in lot area or may alter a structure only if the change or alteration conforms with the requirements of Sections 11.07.05(E) and 3.01.03 for conditional uses. Such change or alteration maybe accomplished only pursuant to the standards and procedures established for the adjustment of a conditional use as set forth in Section 11.07.05(E). H. Revocation of Conditional Use Permit. In addition to any other penalty and remedy for violation of this Code, it shall be a condition of every conditional use approval that such approval maybe revoked for: (1) Violation of any condition imposed upon such approval, and (2) Upon complaint and proof of adverse effect on adjacent properties. The permit maybe revoked only after the Board of County Commissioners holds a public hearing in accordance with Section 11.00.04 unless the permittee consents to a revocation of the permit. If the permittee provides written consent to the revocation to the Growth Management Director, the Director shall revoke the permit and notify the Board of County Commissioners of the revocation. I. Expiration of Conditional Use Permit. A conditional use permit shall be valid for the purposes of securing a Building Permit or Certificate of Zoning Compliance for twelve (12) months from the date of approval. Unless a Building Permit or Certificate of Zoning Compliance is secured within twelve (12) months, and construction subsequently undertaken pursuant to such .Building Permit, the conditional use permit shall automatically expire unless the permit is extended upon application to the Board of County Commissioners in accordance with Section 11.00.04. J. Limitations on Approval for Conditional Uses. A conditional use permit shall be deemed to authorize only the particular use for which it was issued and shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of twelve (12) consecutive months. 3.01.03 T. IL INDiISTRIAL, 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 maybe 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) (3) Construction -special trade contractors. (17) d. Engineering, architectural and surveying services. (871) e. Commercial fishing. (091) £ 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. (31) (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) (f) 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) (12) Electronic and other electrical equipment and components, except computer equipment: (a) Household appliances. (363) (b) Electric lighting and wiring equipment. (364) (c) Household audio and video equipment. (365) (d) Communications equipment. (366) (e) Electronic components and accessories. (367) (f) Misc. electrical machinery equipment and supplies. (369) (13) Measuring, analyzing and controlling instruments. (38) (14) Photographic, medical and optical goods. (38) (15) Watches and clocks. (38) (16) Misc. manufacturing industries: (a) Jewelry, silverware, and platedware. (391) (b) Musical instruments and parts. (393) (c) Dolls, toys, games and sporting goods. (394) (d) Pens, pencils, and other office and artists' materials. (395) (e) Costume jewelry, costume novelties, and notions. (396) (f) Brooms and brushes. (3991) (g) Signs and advertising displays. (3993) (h) Morticians goods. (3995) (i) Manufacturing industries, NEC. (3999) (17) Plastic products -fabrication, molding, cutting, extrusion, and injection processing. (308) Marinas. (4493) Millwork and structural wood members. (243) Motion pictures. (78) Motor freight transportation and warehousing. (42) 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) Retail trade: J• k. 1. m. n. (1) Lumber and other building materials. (521) (2) Paint, glass and wallpaper. (523) (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) Research, development, and testing services. (873) Ship, boat building and repairing -less than forty-five (45) ft. (373) Sorting, grading and packaging services -citrus/vegetables. (0723) Vocational Schools. (824) 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) o. P• q• r. s. (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) (c) Flowers, nursery stock and florists' supplies. (5193) (d) Tobacco/tobacco products. (5194) (e) Paints, varnishes and supplies. (5198) (f) Nondurable goods, NEC. (5199) u. Mobile food vendors. (999) v. Single family detached dwelling units provided that the single family dwelling unit is located on an existing lot or parce l 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 requirements 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 PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA July 15, 2010 NOTICE OF THE PROPOSED TEXT AMENDMENT TO THE ST LUCIE COUNTY LAND DEVELOPMENT CODE The St. Lucie County Plannin0 aad ZoninO Commission is ssheduled to revlew and make rocommendatlons regarding the bllowinp Item petiiloned by the County for adoption by the Board of County Commis- sioners of St. Lucie County, Florida, by Ordinance. DATE AND TIME: Thursday, July 15, 2010 at 6:00 P.M. PLACE: County Commission Chambers, St. Lucie County Administration Building, Roger Poitras Annex, 2300 Virginia Avenue, Fort Pierce, Florida APPLICANT: Board of County Commissioners, St. Lucie County PURPOSE: St. Lucie County is undertaking an update to its Land Development Code to include animal kennels, Standard Industrial Classification (SIC) 0752, as a permitted use in the Industrial Light (IL) zoning district. ORDINANCE N0.10-025 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA TO APPROVE AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE TO INCLUDE KENNELS (SIC 0752} AS A PERMITTED USE IN THE INDUSTRIAL LIGHT ZONING DISTRICT; PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERA8ILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. All interested parties will be given an opportunity to be heard. Written comments received in advance of the public hearing wil I also be considered. Written comments concerning this petftion should be received by the Planning and DevelopmentServices Department, Planning Division, at least 'three (3) days prior to the scheduled hearing. The petition file is available for review at the Planning Division offices located at 2300 Virginia Avenue, 2nd floor, Fort Pierce, Florida, 34982, during regular business hours. Please call 772/462-2822 or TDD 772/462-1428 if you have questions ', or require additional information. The St. Lucie County Planning and Zoning Commission has the power to review and make recommendations of approval or denial to the Board of County Commissioners within the jurisdictional boundaries of unincorporated St. Lucie County. The proceedings of the Planning and Zoning Board are electronically recorded. PURSUANT TO Section 205.0105 Florida Statutes. if a person decides to appeal a decision made by the Planning and Zoning Commission with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to 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. If it becomes necessary, a public hearing may be continued from time to time as may be necessary to a date certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Risk Manager at least forty-eight (48) hours prior to the meeting at (772)462-1546 or T.D.D. 772/462-1428. Any questions about this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822. PLANNING AND ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA 1S/ CRAIG MUNDT, CHAIRMAN PUBLISH DATE: July 1, 2010 Britton Wilson From: James_Moses ~ doh.state.fl.us Sent: Thursday, June 24, 2010 4:51 PM To: Britton Wilson Subject: RE: Animal Kennel Ordinance I was crafting a response and cut-and-pasted wrong. If the premise is served by septic system they cane dispose of their animal waste by some other method like scooping and bagging it like any other garbage. James Moses, R.s. Environmental Administrator 5150 fVW Milner Drive Port St Lucie FL 34983 772-873-4931 St Lucie County Halth Department Environmental Health: "Go to, can do. " From: Britton Wilson [mailto:Wilson6@stlucieco.org] Sent: Thursday, June 24, 2010 4:49 PM To: Moses, James H Subject: RE: Animal Kennel Ordinance Hi James - I was to just make double sure on your point. They cannot dispose of the waste with the regular trash if they have septic? Below you state Thanks! I appreciate your input! From: Michelle Hylton Sent: Thursday, June 24, 2010 4:24 PM To: Britton Wilson Subject: FW: Animal Kennel Ordinance ~'licfcelle ~f~lton From: lames_Moses@doh.state.fl.us [mailto:James Moses@doh.state.fl.us] Sent: Thursday, June 24, 2010 4:21 PM To: Michelle Hylton Cc: David_Koerner@doh.state.fl.us Subject: RE: Animal Kennel Ordinance Couple things from a health department perspective: • If the kennel is served by utilities there's no problem. • If the premise is to be seared by septic system, and the facility has runs that will be washed down a drain,it will need a separate system to handle the animal waste (this is if because it has a different protein composition than human waster) OR • If the premise is served by septic system they cannot dispose of their animal waste by some other method like. scooping and bagging it like any other garbage. James Moses, R.s. Environmental Administrator 5150 NW Milner Drive Port St Lucie FL 34983 772-873-4931 St Lucie County Health Department Environmental Health: "Go to, can do." From: Michelle Hylton (mailto:HyltonM@stlucieco.org] Sent: Wednesday, June 23, 2010 8:50 AM To: Amy Griffin; Anita Neal; Beverlee Deans; Jocelyn Boyce; Brad Currie; Britton Wilson; Chris Murphy (cmurphy@fdvilsurv.wm); Christine Moller; Christopher Lestrange; Corine Williams; Craig Hauschild; Koerner, David J; Deanna Givens; Debra Brisson; Debra Spivey; DFoxx@slcfd.org; Diana Lewis; Diana Waite; dmellert@fpua.com; Don West; dyazzie@city-Rpierce.com; frisciaeng@comcast.net; HoffmanG@stluciesheriff.com; Irvie Saunders; Moses, James H; Janet Lit:ausi; Janet Merkt; Janet Pentr; Jeffrey Johnson; Jennifer L. Evans; Jessica Parrish; Jim David; JoAnn Riley; Jody Bonet; John Frank; Joyce Braun; jpgeller@ifas.ufl.edu; Kara Wood; Karen L Smith; Kathy Allen; Kristin Tetsworth; Kristin.Fecko@aecom.com; Laurie Waldie; Linda Buchanan; Linda Pendarvis; Lydia Galbraith; marbore@coasl.com; Mark DiMascio; Michael Brillhart; Michael Powley; Michael T. McCarty (michaelmccarty@hotmail.com); Mike Halter; Mirlande Moise; mmargotta@city-Rpierce.com; MonahanM@stluciesheriff.com; Paul Williams (pwilliams@city-Rpierce.com); Paula Bushby; Donald Pauley; Raymond Murankus; Robin Meyer; Ron Harris; sandersm@stlucie.kl2.Fl.us; seb225jr@bellsouth.net; Todd Cox; tom.mcgowan@aecom.com; Valerie Schulte (vschulte@fpua.com); Veronica Berrones; Yvette Alger Subject: Animal Kennel Ordinance Attached is a memo regarding the kennel text amendment to the LDC that will be discussed at tomorrow's DRC meeting. ~e~~ ff~to,~ Senior Staff Assistant St. Lucie County BOCC Planning and Development Services 2300 Virginia Avenue Fort Pierce, FL 34982 Phone: 772-462-3056 fax: 772-462-1581 Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your a-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply a-mai! and delete all materials from ali computers. Steam Not spam Forget previous vote Britton Wilson From: Mark Satterlee Sent: Wednesday, June 16, 2010 5:17 PM To: Kara Wood; Britton Wilson Subject: FW: Housing of dogs & cats in IL Mark Satterlee, AICP, Director Planning & Development Services St Lucie County, Florida 772.462.2822 satterleemna,stlucieco.org From: Liz Martin Sent: Wednesday, June 16, 2010 5:03 PM To: Mark Satterlee Subject: F1N: Housing of dogs & cats in IL From: bnjhearn@aol.com [mailto:bnjhearn@aol.com] Sent: Wednesday, June 16, 2010 3:38 PM To: SatterlM@stlucieco.org Cc: Liz Martin Subject: Housing of dogs & cats in IL After hearing the presentation by Mr. Smyth at last night's BOCC meeting, asking the BOCC to change our LDC to allow Kennels in the IL zoning district, I am asking you to recommend to the BOCC that this be a Conditional Use in that district. There are many permitted uses existing today in IL, in SLC, that would be severely impacted by the noise associated with the housing of large numbers of dogs. Please remember that most of the uses in IL have offices associated with them and need to not be subject to nearby barking dogs. Also many others, such as Research & Development are permitted uses in IL and they may not be compatible with the requested use. Please visit our Humane Society if you need to experience my concerns. The need to provide housing for stray animals is noble, however, there is a right way and a wrong way to make this happen. Thank you for your consideration to my suggestion. Bill Hearn 5051 Tozour Road Fort Pierce, FL 34946 Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and ,' or copying. Your a-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply a-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / AGENDA REQUEST DATE: 9/7/2010 TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: o Barbara Guettler ;~ ~- '' . SUBMITTED BY: Public Works -Engineering MSBU Assistant = ~'' SUBJECT: The Grove and Palm Grove Street Lighting Districts BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board adoption of Item No. VII-B Resolution No. 10-183 and Item No. VII-C Resolution No. 10-185, as outlined in the agenda memorandum. PUBLIC HEARING (X ) LEG. ( ) QUASI-JD ( ) CONSENT ( ) COMMISSION ACTION: (~ APPROVED ( ) OTHER VII-B Approved 5-0 VII-C Approved 5-0 County Attorney (X ) ITEM NO. VII-B-C REGULAR ( ) CONCURRENCE: ( ) DENIED Faye W. Outlaw, MPA County Administrator ~; CoordinationlSianatures rf ~' OMB Director "' ~ Budget Analyst Daniel McIntyre Originating Dept. (X) V`~ - County Engineer Do Id West (x) ~ Marie Gouin c x > ~~Ih Michael Powley Public Works MEMORANDUM TO: Board of County Commissioners THROUGH: Donald B. West, Public Works Director ~~ ' FROM: Barbara Guettler, MSBU Assistant~~ Engineering i DATE: September 7, 2010 SUBJECT: The Grove and Palm Grove Street Lighting Districts ITEM NO. VII-B-C Background: The County has 19 Street Lighting Districts (SLDs). Two of the districts were created in 2000 and are funded by non-ad valorem special assessments based upon equivalent dwelling units (EDUs) whereby the cost of providing the street lighting services are allocated on a pro rata basis among the parcels which benefit from each district. The 17 other SLDs were created as ad valorem assessments based on property value. As a result of recent decreases in property value and increases in the cost of electricity the proceeds of the ad valorem assessments are no longer sufficient to fund the cost of providing street lighting services to the properties within these districts. Therefore, the Board has converted the method of assessment for 15 of the 17 districts to one based on Equivalent Dwelling Units (EDUs) and the actual cost of providing the service. The uniform method for collection of non-ad valorem assessments as set forth in Florida Statute 197.3632, is a fair and reasonable way to fund street lighting improvements. If the Board chooses to adopt the attached resolutions, the revised assessment methodology would commence beginning with the 2010-2011 Fiscal Year. Special assessment amounts may vary from year to year depending on fluctuations in the actual cost of providing the service (electricity, etc.). Each year the Board will adopt an annual assessment resolution approving the amount of the assessment. However, the assessment shall not increase in any subsequent year more than five percent (5%) from the previous year or more than a total of ten percent (10%) above the maximum assessment amount as indicated in the attached corresponding resolution unless the Board gives notice and conducts an additional public hearing. The public hearings tonight for The Grove and Palm Grove Street Lighting Districts are being continued from August 24, 2010 in order to allow staff sufficient time to investigate a concern voiced by a Home Owners Association (HOA) representative. The concern was that the HOA was being charged directly for the same ten street lights that the property owners were being assessed for through the Grove SLD. After speaking with FPL it has been determined that the bill produced by the HOA is not for the ten street lights that are contained in The Grove SLD, it is for a meter located on the guard house itself. However, through researching this matter it was realized that some parcels in The Grove SLD benefit only from Palm Grove SLD; therefore, these parcels have been removed from the assessment roll for The Grove SLD. September 7, 2010 Item No. VII-B-C Page 2 Below is a summary of the two districts which are being considered at separate public hearings during this Board meeting. Agenda SLD Name Reso. No. of 2009/2010 2010/2011 Max Annual Max Item No. No. Units Average Annual Assessment Assessment Assessment Assessment Per Unit Monthly Per Unit Per Unit Per Unit VII-B The Grove 10-183 510 $4.00 $5.51 $6.06 $0.51 VII-C Palm Grove 10-185 364 $21.86 $32.49 $35.74 $2.98 Previous Action: January 19, 1982 -Board approved Ordinance No. 82-1, creating the Grove SLD. May 12, 1992 -Board approved Resolution No. 92-129, creating the Palm Grove SLD. December 8, 2009 -Board approved Resolution Nos. 09-338 and 09-342, stating its intent to use the uniform method of collection for non-ad valorem special assessments levied by the Grove and Palm Grove SLDs. August 24, 2010 -Board continued the public hearings for The Grove and Palm Grove SLDs. Recommendation: Board adoption of Item No. VII-B Resolution No. 10-183 and Item No. VII-C Resolution No. 10-185, as outlined in this agenda memorandum. RESOLUTION NO. 10-183 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE PROVISION OF STREET LIGHTING SERVICES, IMPROVEMENTS AND FACILITIES IN THE GROVE STREET LIGHTING DISTRICT AND THE FUNDING THEREOF THROUGH THE IMPOSITION OF NON-AD VALOREM ASSESSMENTS; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE SPECIALLY BENEFITED BY THE STREET LIGHTING SERVICES; APPROVING THE METHOD OF ASSESSING THE COST OF SUCH SERVICES AGAINST THE REAL PROPERTY SPECIALLY BENEFITTED THEREBY; APPROVING THE ASSESSMENT ROLL AND DIRECTING CERTIFICATION THEREOF TO THE TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Article VI, Chapter 1-17 of the St. Lucie County Code of Ordinances (the "Ordinance"), County Ordinance No. 82-1, Sections 125.01, 125.66 and 197.3632, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This resolution constitutes the Annual Assessment Resolution as defined in the Ordinance. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Ordinance. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. SECTION 3. FINDINGS. It is hereby ascertained, determined, and declared as follows: (A) On January 19, 1982, the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County") adopted Ordinance No. 82-1 which established the Grove Street Lighting District (the "District") as a special improvement service district and provided for the imposition of special assessments to fund the cost of providing street lighting services, improvements and facilities therein. (B) On May 11, 2010, the Board enacted the Ordinance to revise the procedure by which special assessments are imposed within special improvement service districts for purposes of funding street lighting services. Such revised procedure requires adoption of an Annual Assessment Resolution each Fiscal Year approving the Assessment Roll for the District. (C) The Ordinance further provides that in the event the Board desires to implement an alternative apportionment methodology for allocating the cost of Street Lighting Services among the Grove Street Lighting District Annual Assessment Resolution parcels of real property specially benefited thereby, the Board shall provide notice and conduct a public hearing prior to adoption of the Annual Assessment Resolution. (D) As required by the terms of the Ordinance, notice of a public hearing has been published and mailed to each property owner proposed to be assessed notifying such property owner of the opportunity to be heard; the proof of publication and an affidavit of mailing are attached hereto as Appendices A and B respectively. (E) The Assessment Roll for Fiscal Year 2010-11 has heretofore been filed and made available for public inspection at the offices of the Assessment Coordinator. (F) A public hearing has been duly held and comments and objections of all interested persons have been heard and considered as required by law. (G) The parcels of real property described in the Assessment Roll are hereby found to be specially benefited by the provision of Street Lighting Services. Street Lighting Services specially benefit such parcels by enhancing the safety, aesthetics, identification and recognition thereof and access thereto, thus protecting and enhancing the value, use and enjoyment of affected parcels.The special benefits derived from the Street Lighting Services programs contemplated herein exceed the dollar amount of the Assessments to be levied and imposed hereunder. The Assessment for any parcel of property within the District does not exceed the proportional benefits that such parcel will receive compared to any other parcel therein subject to the Assessment. (H) The apportionment methodology approved herein bears a reasonable relationship to the cost of providing Street Lighting Services and is hereby approved. (I) The Assessments to be imposed in accordance with this Resolution provide an equitable method of funding the Street Lighting Services by fairly and reasonably allocating the estimated cost of providing such services among specially benefited property. SECTION 4. APPORTIONMENT METHODOLOGY. (A) The following apportionment methodology was utilized in preparing the Fiscal Year 2010- 11 Assessment Roll for the District and is hereby approved as the basis for allocating the cost of Street Lighting Services among the parcels of real property described therein: 2 Grove Street Lighting District Annual Assessment Resolution (1) The District is composed of similarly-sized single family residential parcels. Accordingly, each single family residential parcel shall constitute one equivalent dwelling unit (EDU) for purposes of allocating the cost of providing the Street Lighting Services therein. (2) Individual multifamily units within the District are specially benefitted by Street Lighting Services in the same manner and to substantially the same extent as single family residential parcels, such that each multifamily unit shall constitute one EDU. Individual tax parcels which contain multifamily units shall be assigned one EDU per multifamily unit. (3) The amount of the Assessment per EDU shall be calculated by dividing the total estimated cost of providing the Street Lighting Service by the number of EDUs in the District. (4) As of the date hereof, there are 145 EDUs located within the District. (5) For the Fiscal Year beginning October 1, 2010, the estimated cost of providing Street Lighting Services in the District is $2,810.10. Such estimated cost includes a component to fund or otherwise reimburse the County for costs incurred in administering and maintaining the Assessment program as authorized by Section 1-17-82 of the Ordinance. (6) The maximum amount of the Assessments to be assessed and apportioned among the parcels of real property within the District is hereby established in the amount of $5.51 per EDU for the Fiscal Year 2010-11. (B) Annual Assessment Resolutions for subsequent Fiscal Years may approve annual cost of living or inflationary increases in the amount of the Assessment by a cumulative total of not to exceed 10% of the amount approved hereunder, or a total annual Assessment of $6.06, without requiring additional notice and public hearing prior to adoption of such Annual Assessment Resolutions, as authorized by Section 1-17-79 of the Ordinance. (C) The apportionment methodology approved herein shall be utilized in preparing the Assessment Roll for the District for subsequent Fiscal Years. SECTION 5. IMPOSITION OF ASSESSMENTS. 3 Grove Street Lighting District Annual Assessment Resolution (A) Assessments for Street Lighting Services in the amounts set forth in the Assessment Roll are hereby levied and imposed on atl parcels of property described in such Assessment Roll for the Fiscal Year beginning October 1, 2010. (B) Assessments shall constitute a lien upon the parcels of real property subject thereto equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. SECTION 6. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, which is on file with the Assessment Coordinator and incorporated herein by reference, is hereby approved. The Assessment Roll as herein approved shall be delivered to the St. Lucie County Tax Collector for collection pursuant to the Uniform Assessment Collection Act as provided in Section 1-17-81 of the Ordinance. The Board has previously adopted its Resolution No. 09-338 expressing its intent to collect non-ad valorem assessments pursuant to the Uniform Assessment Collection Act. Such resolution constitutes the Resolution of Intent required by the Ordinance. The Assessment Roll, as delivered to the Tax Collector shall be accompanied by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix C. SECTION 7. COLLECTION OF ASSESSMENTS. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act as provided for in Section 1-17-81 of the Ordinance. SECTION 8. EFFECT OF RESOLUTION. The adoption of this Annual Assessment Resolution shall be the final adjudication of the issues presented herein (including, but not limited to, the special benefit conveyed to assessed property by the Street Lighting Services, the apportionment methodology by which the Assessments are calculated, the Assessment Roll and the levy and lien of the Assessments), unless proper steps are initiated in a county of competent jurisdiction to secure relief within twenty (20) days from the adoption date hereof. SECTION 9. SEVERABILITY. If any clause, section, or other part of this resolution shall be held by any court of competent jurisdiction unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affection the validity of the other provisions of this resolution. 4 Grove Street Lighting District Annual Assessment Resolution SECTION 10. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect immediately upon its passage and adoption. DULY ADOPTED this 7th day of September, 2010. BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: (SEAL) ATTEST: Chairman Approved as to Form: Deputy Clerk County Attorney 5 Grove Street Lighting District Annual Assessment Resolution APPENDIX A PROOF OF PUBLICATION Grove Street Lighting District Annual Assessment Resolution APPENDIX B AFFIDAVIT OF MAILING This is to certify that on July 30, 2010, a total of 510 notices of "Non-Ad Valorem Assessments" for the Grove Street Lighting District were mailed duly notifying the affected property owners of the Public Hearing to be held on August 24, 2010, at 9:00 a.m. (Continued to September 7, 2010 at 6 p.m.) in the St. Lucie County Commission Chambers, 2300 Virginia Avenue, Fort Pierce, Florida, whereas the St. Lucie County Board of County Commissioners approved the 2010 Assessment Roll. A sample copy of the notice is hereby attached. Barbara Guettler St. Lucie County Sworn to and subscribed before me this _ day of , 2010, by Barbara Guettler who is personally known to me. Notary Public, State of Florida Grove Street Lighting District Annual Assessment Resolution APPENDIX C FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that I am the Chairman of the Board of County Commissioners of St. Lucie County, Florida or authorized agent of St. Lucie County, Florida (the "County"); as such I have satisfied myself that all property included or includable on the Non-Ad Valorem Assessment Roll for such county is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the St. Lucie County Tax Collector by September 15, 2010. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the St. Lucie County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll this day of 2010. ST. LUCIE COUNTY, FLORIDA By: Authorized Agent RESOLUTION NO. 10-185 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE PROVISION OF STREET LIGHTING SERVICES, IMPROVEMENTS AND FACILITIES IN THE PALM GROVE STREET LIGHTING DISTRICT AND THE FUNDING THEREOF THROUGH THE IMPOSITION OF NON-AD VALOREM ASSESSMENTS; RATIFYING AND CONFIRMING COUNTY RESOLUTION NO. 92-129; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE SPECIALLY BENEFITED BY THE STREET LIGHTING SERVICES; APPROVING THE METHOD OF ASSESSING THE COST OF SUCH SERVICES AGAINST THE REAL PROPERTY SPECIALLY BENEFITTED THEREBY; APPROVING THE ASSESSMENT ROLL AND DIRECTING CERTIFICATION THEREOF TO THE TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Article VI, Chapter 1-17 of the St. Lucie County Code of Ordinances (the "Ordinance"), County Resolution No. 92- 129, Sections 125.01, 125.66 and 197.3632, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. This resolution constitutes the Annual Assessment Resolution as defined in the Ordinance. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Ordinance. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. SECTION 3. FINDINGS. It is hereby ascertained, determined, and declared as follows: (A) On May 12, 1992, the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County") adopted Resolution No. 92-129 which established the Palm Grove Street Lighting District (the "District") as a special improvement service district and provided for the imposition of special assessments to fund the cost of providing street lighting services, improvements and facilities therein. A map describing the boundary of the District is attached hereto as Appendix A. (B) On May 11, 2010, the Board enacted the Ordinance to revise the procedure by which special assessments are imposed within special improvement service districts for purposes of funding street lighting services. Such revised procedure requires adoption of an Annual Assessment Resolution each Fiscal Year approving the Assessment Roll for the District. (C) The Ordinance further provides that in the event the Board desires to implement an alternative apportionment methodology for allocating the cost of Street Lighting Services among the Palm Grove Street Lighting District Annual Assessment Resolution parcels of real property specially benefited thereby, the Board shall provide notice and conduct a public hearing prior to adoption of the Annual Assessment Resolution. (D) As required by the terms of the Ordinance, notice of a public hearing has been published and mailed to each property owner proposed to be assessed notifying such property owner of the opportunity to be heard; the proof of publication and an affidavit of mailing are attached hereto as Appendices B and C respectively. (E) The Assessment Roll for Fiscal Year 2010-11 has heretofore been filed and made available for public inspection at the offices of the Assessment Coordinator. (F) A public hearing has been duly held and comments and objections of all interested persons have been heard and considered as required by law. (G) The parcels of real property located within the District and described in the Assessment Roll are hereby found to be specially benefited by the provision of Street Lighting Services. Street Lighting Services specially benefit such parcels by enhancing the safety, aesthetics, identification and recognition thereof and access thereto, thus protecting and enhancing the value, use and enjoyment of affected parcels. (H) The special benefits derived from the Street Lighting Services programs contemplated herein exceed the dollar amount of the Assessments to be levied and imposed hereunder. The Assessment for any parcel of property within the District does not exceed the proportional benefits that such parcel will receive compared to any other parcel therein subject to the Assessment. (I) The apportionment methodology approved herein bears a reasonable relationship to the cost of providing Street Lighting Services and is hereby approved. (J) The Assessments to be imposed in accordance with this Resolution provide an equitable method of funding the Street Lighting Services by fairly and reasonably allocating the estimated cost of providing such services among specially benefited property SECTION 4. APPORTIONMENT METHODOLOGY. (A) The following apportionment methodology was utilized in preparing the Fiscal Year 2010- 11 Assessment Roll for the District and is hereby approved as the basis for allocating the cost of Street Lighting Services among the parcels of real property described therein: 2 Palm Grove Street Lighting District Annual Assessment Resolution (1) The District is substantially composed of similarly-sized single family residential parcels. Accordingly, each single family residential parcel shall constitute one equivalent dwelling unit (EDU) for purposes of allocating the cost of providing the Street Lighting Services therein. (2) Individual multifamily units within the District are specially benefitted by Street Lighting Services in the same manner and to substantially the same extent as single family residential parcels, such that each multifamily unit shall constitute one EDU. Individual tax parcels which contain multifamily units shall be assigned one EDU per multifamily unit. (3) The amount of the Assessment per EDU shall be calculated by dividing the total estimated cost of providing the Street Lighting Service by the number of EDUs in the District. (4) As of the date hereof, there are 364 EDUs located within the District. (5) For the Fiscal Year beginning October 1, 2010, the estimated cost of providing Street Lighting Services in the District is $11,826.36. Such estimated cost includes a component to fund or otherwise reimburse the County for costs incurred in administering and maintaining the Assessment program as authorized by Section 1-17-82 of the Ordinance. (6) The maximum amount of the Assessments to be assessed and apportioned among the parcels of real property within the District is hereby established in the amount of $32.49 per EDU for the Fiscal Year 2010-11. (B) Annual Assessment Resolutions for subsequent Fiscal Years may approve annual cost of living or inflationary increases in the amount of the Assessment by a cumulative total of not to exceed 10% of the amount approved hereunder, or a total annual Assessment of $35.74, without requiring additional notice and public hearing prior to adoption of such Annual Assessment Resolutions, as authorized by Section 1-17-79 of the Ordinance. (C) The apportionment methodology approved herein shall be utilized in preparing the Assessment Roll for the District for subsequent Fiscal Years. SECTION 5. RATIFICATION AND CONFIRMATION OF DISTRICT BOUNDARY AND RESOLUTION NO. 92-129. The legal description of the boundary of the District as set forth in Resolution No. 92-129, including any amendment thereto, is hereby ratified, confirmed and 3 Palm Grove Street Lighting District Annual Assessment Resolution incorporated herein by reference. Except as otherwise modified herein, Resolution No. 92-129 is hereby ratified and confirmed. SECTION 6. IMPOSITION OF ASSESSMENTS. (A) Assessments for Street Lighting Services in the amounts set forth in the Assessment Rotl are hereby levied and imposed on all parcels of property described in such Assessment Roll for the Fiscal Year beginning October 1, 2010. (B) Assessments shall constitute a lien upon the parcels of real property subject thereto equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles and claims, until paid. SECTION 7. APPROVAL OF ASSESSMENT ROLL. The Assessment Roll, which is on file with the Assessment Coordinator and incorporated herein by reference, is hereby approved. The Assessment Roll as herein approved shall be delivered to the St. Lucie County Tax Collector for collection pursuant to the Uniform Assessment Collection Act as provided in Section 1-17-81 of the Ordinance. The Board has previously adopted its Resolution No. 09-342 expressing its intent to collect non-ad valorem assessments pursuant to the Uniform Assessment Collection Act. Such resolution constitutes the Resolution of Intent required by the Ordinance. The Assessment Roll, as delivered to the Tax Collector shall be accompanied by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix D. SECTION 8. COLLECTION OF ASSESSMENTS. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act as provided for in Section 1-17-81 of the Ordinance. SECTION 9. EFFECT OF RESOLUTION. The adoption of this Annual Assessment Resolution shall be the final adjudication of the issues presented herein (including, but not limited to, the special benefit conveyed to assessed property by the Street Lighting Services, the apportionment methodology by which the Assessments are calculated, the Assessment Roll and the levy and lien of the Assessments), unless proper steps are initiated in a county of competent jurisdiction to secure relief within twenty (20) days from the adoption date hereof. 4 Palm Grove Street Lighting District , Annual Assessment Resolution SECTION 10. SEVERABILITY. If any clause, section, or other part of this resolution shall be held by any court of competent jurisdiction unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affection the validity of the other provisions of this resolution. SECTION 11. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect immediately upon its passage and adoption. DULY ADOPTED this 7th day of September, 2010. BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: (SEAL) ATTEST: Chairman Approved as to Form: Deputy Clerk County Attorney 5 Palm Grove Street Lighting District Annual Assessment Resolution APPENDIX A BOUNDARY MAP OF THE DISTRICT Street Lighting District: Palm Grove " ~~~ Apl; 2010 0 176 350 700 1,050 t,tOp S' Feet 1 ~.......... _ ' ' o I ~ ~ ' N _ v a _ ~ ~ - -~ a I" i ~ ~ ~ v ~ <,I ': m o r = <° ` 1 r - r - ' PONDEROSA DR ,, _ r- F F __-. U -~ _~ ___ _ Q_J j / J SENEGAL CT- 41 a ~ i i W I W 1 ~ Z O O ' I y - ~~ I ~_ S +I ;_ I ~ W ~_-_ -. +-~ J -SUN HINE BL-V,D ~ ~ ~ ~ ---~- EUROPEAN LN~ ' _ ~~~ ~I ~-~~ ~P~ r .~o, ~ , . <y ~~ _~ , ~~ - -- ~ ~ BANANA LN~~L '~,.~ _ ___ _ ~ - ` -- T '~ ~- ~ i ~~- ~'_~~ ' ~ T ~~ PETTICOA PL ' .~~.I r ALEXANDRIACIR _ ", ' PONYTAIL IN )'. __ _ ~~~ ~ ~ ~ -~-- ~ ~ ~ ~ j ' ~ ~ ~_ ~ District Boundary ~,Y4... ~ ~. %~~ EASY-ST~ - ~,. ... ~ ~,~ ~~ ~~ ~ _ .~„ _~ ,~,~.,~„ __ _ _ _ _ ,_ I I Parcel Boundary Palm Grove Street Lighting District Annual Assessment Resolution APPENDIX B PROOF OF PUBLICATION Palm Grove Street Lighting District Annual Assessment Resolution APPENDIX C AFFIDAVIT OF MAILING This is to certify that on July 30, 2010, a total of 364 notices of "Non-Ad Valorem Assessments" for the Palm Grove Street Lighting District were mailed duly notifying the affected property owners of the Public Hearing to be held on August 24, 2010, at 9:00 a.m. (Continued to September 7, 2010 at 6 p.m.) in the St. Lucie County Commission Chambers, 2300 Virginia Avenue, Fort Pierce, Florida, whereas the St. Lucie County Board of County Commissioners approved the 2010 Assessment Roll. A sample copy of the notice is hereby attached. Barbara Guettler St. Lucie County Sworn to and subscribed before me this _ day of , 2010, by Barbara Guettler who is personally known to me. Notary Public, State of Florida Palm Grove Street Lighting District Annual Assessment Resolution APPENDIX D FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that I am the Chairman of the Board of County Commissioners of St. Lucie County, Florida or authorized agent of St. Lucie County, Florida (the "County"); as such I have satisfied myself that all property included or includable on the Non-Ad Valorem Assessment Roll for such county is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the St. Lucie County Tax Collector by September 15, 2010. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the St. Lucie County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll this day of 2010. ST. LUCIE COUNTY, FLORIDA By: Authorized Agent AGENDA REQUEST -_- ' ,~ - • • r PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Administration SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: ITEM NO, lY/ DATE: September 7, 2010 REGULAR [XX] ADDITIONS PRESENTED BY. Faye W. Outlaw County Administrator Ratification of Memoranda of Understanding with Project Energy and Project Light See attached memorandum RECOMMENDATION: Staff recommends that the Board ratify and approve the Memoranda of Understanding with Project Energy and Project Light COMMISSION ACTION: [~ APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 CONCURRENCE ~~ ~- Faye W. Outlaw, MPA County Administrator Review and ADDrovnls County Attorney: ='/ `'r" Management & Budget Purchnsing~ _ Daniel 5. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Faye W. Outlaw, County Administrator DATE: September 3, 2010 SUBJECT: Ratification of Memoranda of Understanding with Project Energy and Project Light BACKGROUND: Project Energy Attached is a copy of a Memorandum of Understanding related to Project Energy. As set out in the Memorandum, the County would work with UT-Battelle to collaboratively explore and share: - knowledge of an overarching strategy for supporting Project Energy - road maps and milestones in support of Project Energy - knowledge regarding extended relationship concerning education and research and development organization - knowledge fora "real-world" municipal sustainability model including the Green District - and define the success criteria for Project Energy. The Memorandum specifically provides that any agreement between the Participants resulting from the collaborative activities under the Memorandum of Understanding must be approved by the Board of County Commissioners and UT- Batelle. The term is 3 years. Either party has the right to terminate with 30 days prior written notice. Project Light Attached is a copy of a Memorandum of Understanding related to Pro ject Light. As set out in the Memorandum, the County and General Electric Company agree to develop a Shared Long-Term Vision and commitment to economic development in St. Lucie County that emphasizes clean energy technology, energy efficiency, environmental stewardship and sustainable community development. The Memorandum provides that the parties will work together to develop a mutually acceptable operating rhythm whereby GE and the County will participate in information exchanges in development of the Shared Vision and projects, including semi-annual meetings between the County and GE leadership, to discuss new technology, city trends and future projects. GE and the County also agree to collaborate on the following initiatives: - Energy Efficiency Program - Smart Grid Implementation - Workforce Training Initiative - Local Business Development RECOMMENDATION/CONCLUSION Staff recommends that the Board ratify and approve the Memoranda of Understanding with Project Energy and Project Light, Respectfully submitted, Faye W. Outlaw County Administrator MEMORANDUM OF UNDERSTANDIIVG between UT-BATTELLE, LLC and St. LUCIE COUNTY, FLORIDA regarding PROJECT ENERGY This Memorandum of Underatandiag (MOU) is by and botwoon St. Lucie County, Florida ("County") and UT-Battelle, LLC ("UT-Battelle"), IxreinaRor jointly roktrod to as the `Tarticipants." Oak Ridge Natmnal Laboratory ("ORNL'~ is a facility of the Department of Energy (DOE), managed and operated by UT-Battelle, a Limited Liability company, organized end existing under the laws of the State of Tennessee, pursuant to its Prime Contract DE-ACOS- 000R22725 with DOE. St. Lucie County is a bcal government with a mission to provide service, inliastructure, and leadership necessary to advance a safe and sustainable community, maintain a high quality of fife, and protect the natural environment for all citizens. BACKGROUND/PURIPOSE WHEREAS, the County is desirous of facilitating the development of a project known as "Project Energy;" and WHEREAS, UT-Battelle is desirous of working with the County to support the devebpment of Project Energy; and WHEREAS, Project Energy is an energy efficiency initiative founded and executed by the County to improve their energy sourcxs (e.g., solar panels), distnbution {e.g., Smart Grid), and consumption (e.g., office buildings) within their County jurisdiction; and WHEREAS, the first demonstrable and deployable model, called the "Green Mile," consists of a one square mile district within the County designated >ior energy efficiency assessments and improvemer-ts lior Project Energy; and WHEREAS, an initial understanding has boon achieved by UT-Battelle and the County for a mutually beneficial collaboration regarding the development of Project Energy; and WHEREAS, a collaboration between UT-Battelle and the County may consist of performing energy efficiency assessments, as well as developing roadmep plans, computational models, and analytical tools; and WHEREAS, this MOU is for the purpose of roflecting the understandings between the Participants; end .. ~ J Memorandum of Undeistendliag No. MOU-UTB-2010043 UT-Battelle end St. Lucie County Page 2 of 4 WHEREAS, UT-Battelle has determined that this collaboration is beneficial to UT-Battelle; and WHEREAS, the County has determined that this collaboration benefits the public's health, safety, and welfare, and is br a ProPa' P~hc P~e• NOW, THEREFORE, UT-Battelle and the County utter into this MOU upon the following underatarrdings: ROLES OF THE PARTICIPANTS UT-Battelle and St. Lucie each intend to collaborate as follows: A. The sustainability teams of UT-Batteite and the County will collaboratively expbre and share knowledge of an overarching strategy for supporting Project Energy, B. UT-Battelle and the County will work together to identify leadership teams and the overau team organization, C. UT-Battelle and the County will collaboratively explore knowledge for roadmaps and milestones in support of Project Energy. D. UT-Battelle and the County will collaboratively expbre and share knowledge regarding extended relationships concerning education and research and devebpment organizations. E. UT-Battelle and the County will collaboratively expbre and share knowledge for a `Yeal- world" municipal sustainability model including the Green Mile. F. UT-Battelle and the County will ooAaboratively expbre and define the success criteria br Project Energy including relevant, quantifiable, and measureable benchmarks for energy sources, distnbution, and comumptbn. G. UT-Battelle and the County will collaboratively expbre and share knowledge regarding relationships with other agencies, such as the U.S. Department of Agriculture (USDA), for Project Energy, H. UT-Battclte and the County will collaboratively expbre and share knowledge concerning assets that will be shared, such as Project Energy information, data, and mdbodobgy. I. Any agreements between the Participants resulting from the collaborative activities under this MOU will be approved by the Board of County Commissioners and UT-Battelle. ~ J Memorandum of Understanding No. MOU-UTB-2010043 UT-Battelle rend St. Lucie County Page 3 of 4 GENERAL PROVISIONS 1. POINTS-OF-CONTACT, Each Participant will designate a point of contact for implexrientation of this MOU. The designated points of contact are: UT-BATTELLE, LLC Name: Tracy Warren Title: S&T Enginoer Phone: (8b5) 241-5989 3T. LUCIE COUNTY Name: Faye Outlaw, MPA Title: County Administrator Phone: (772) 462-1450 2. FUNDING, INTELLECTUAL PROPERTY RIGHTS, AND RESOURCES. This MOU is being entered into lior the mutual bonofit of the Participants and each Participant intends to pursue the objectives set out in this MOU. While the Participant intends to pursue the objectives defined in this MOU, this MOU does not constitute a commitment of funding, urtellectual property rights, or other resouroos by either Participant. This MOU does not create any logally binding obligations. Any commitment of funds, intellectual property rights, disclosure of proprietary information, or other resources shout be made under a separate agreement. 3. EXPORT CONTROL. Each Participant ackrwwledges that it is responsible for its own compliance with all U.S. export control laws and regulatans, and oath Participant acknowlodges it will not knowingly oxport directly or indirectly, through its affiGatea, liconaoes, or subsidiaries, any export controlled hardware, software, or technical data in tho performance of this MOU without a required licenselauthority, which will be obtained by the responsible Participant from the appropriate U.S, authority. 4. ISSUES RESOLUTION. Issues may arise which cannot be resolved between project personnel at UT-Battelle cad St. Lucie County. Such issues should be raised to supervisory or managerial personnel for direct communication between the Participants. S. ENVIRONMENT, SAFETY, HEALTH, AND SECURITY. For activities and operations conducted at ORNL, St. Lucie County's empbyees, star and assi~mees will follow UT- Memorandum of Understanding No. MOU-UTB-2010043 UT-Battelle and St Lade County Page 4 of 4 Battelle's environment, safety, heahh, and security roquirom~ts and procedures. Research activities should be performed under a Research Safety Summary approved by UT-Battelle. 6. COMPLIANCE WITH LAWS. The Participants intend to comply with all applicable federal, state, and heal laws and ordinances and pertinent DOE Orders. 7. EFFECTIVE DATE & TERMINATION. This MOU should be in effect for a period of three (3}years effective upon the date of the last signature and may be extended or modified by mutual written agreement of the Participants. Either Participant may terminate this MOU by giving thirty (30) days written notice to the other Participant. SIGNATURES This MOU is being executed in duplicate and is not effective until signori by both Participants. UT-BATTELLE, LLC By: Jettr A. NicheL Associate Laboratory Director Computing and Computational 3eiencea ST. LUCIE GOUNTY Name: ~~~ ~ [1!J . NI Tit1e• ayr-• Date: June 20, 2010 Dat ~ ~~p _~p I D C Io- og- 3~5 August 26, 2010 ST. LUCIE COUNTY, Florida General Electric Company Memorandum of Understanding ~. . , MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made this 26'" day of August, 2010 between General Electric Company ("GE")and the County of St. Lucie, Florida (hereinafter referred to as "St. Lucie County" or "County") St. Lucie County and GE, hereafter referred to as "parties", recognize the following: A. The parties wish to work together to research, develop, and deploy projects, initiatives, and technology programs that contribute to the achievement of St. Lucie County's sustainability and economic development goals. B. The parties wish to enter into this Memorandum for the purpose of setting forth the basis and terms of their discussion, evaluation, and development of definitive agreements relating to job creation and sustainability projects and initiatives. C. The parties wish to develop a mutually beneficial relationship that builds upon sharing expertise, best practices, and development needs in an effort to refine and advance policies, technology, and public outreach related to economic development issues and sustainability. In an effort to advance the collaboration set forth by this memorandum, the parties have agreed on the following: I) Shared Long-Term Vision (hereinafter "Shared Vision") a. The parties maintain a commitment to sustainable economic development in St. Lucie County that emphasizes clean energy technology, energy efficiency, environmental stewardship and sustainable community development and will work jointly to realize these shared goals. b. The parties are committed to developing and working with St. Lucie County-based businesses to develop their capacity and foster local job creation. c. The parties desire to partner in the creation of multiple projects that showcase and promote distinctive solutions and technologies and set a global standard for sustainable community development best practices and public engagement. d. The parties remain committed to helping focal St. Lucie County-based businesses prosper in connection with the Shared Vision. e. The parties will collaborate to facilitate St. Lucie County's participation in state and federal opportunities to more quickly realize sustainability-related projects, and contribute to economic development in the County. 2) General Scope & Operating Rhythm a. GE will inform St. Lucie County of relevant new and existing products, offer early access to commercially viable products at a value driven price, and provide reasonable access to its consultants, advisors, technical partners, and others as appropriate for projects in the scope of the Shared Vision. GE will also provide, at a value driven price, as applicable, reasonable access to relevant workforce training materials and staff support, access to its customer base, supply chain, and internal and external investment opportunities, as is applicable. b. St. Lucie County will inform GE of, and will provide reasonable and timely access to, publicly available information relative to ongoing challenges, upcoming projects, relevant proposals, project plans, timing schedules, advisors, and others, to more quickly realize and achieve the goats outlined in the Shared Vision. c. The parties will work together to develop a mutually acceptable operating rhythm whereby GE and St. Lucie County will participate in information exchanges in development of the Shared Vision and projects, including semi-annual meetings between St. Lucie County and GE leadership, to discuss new technology, city trends, needs, and future projects. 3) In the near term, GE and St. lucie County will explore areas to collaborate on the following initiatives: a. Energy Efficiency Program - in partnership with the St. Lucie County's Solar and Energy Fund (SELF) program the parties will explore the opportunity to develop a program that helps qualified St. Lucie County homeowners and Commercial building owners to finance and install energy efficiency upgrades in their homes and buildings. i. The parties will explore a residential deployment of a GE energy efficient appliances package, supported by a preferred financing solution, and will work to integrate incentives and rebates to reduce the up-front costs associated with the package. ii. The parties will explore collaborative marketing efforts, including customer outreach and co-branded marketing materials, to inform and educate the public of the benefits of the residential and commercial retrofit efforts. iii. The parties will explore residential and commercial financing options alongside public investment funds to facilitate the irnplementation of the retrofits. b. Smart Grid Implementation -the parties in collaboration with Fort Pierce Utility Authority (FPUA) and other relevant partners will evaluate and explore the opportunity to develop a potential Smart Grid solution for the County that couples "demand side" solutions {energy efficient home appliances, solar and smart meters) with "supply side" solutions (distributed power generation, transmission and distribution infrastructure and energy management systems). A Smarter Grid will allow the County to develop sustainable green communities where each homeowner has the potential to minimize their energy use without sacrificing comfort. A Smarter Grid will also allow FPUA the potential to reduce peak demand, empower consumers and increase overall reliability and efficiency of the grid. i. The parties in collaboration with FPUA and other relevant partners will explore the feasibility of demand side and supply side technology and solutions for creating a Smart Grid solution for the County. ii. The County will facilitate introductions between GE and relevant stakeholders with the intent of enabling GE to participate as a provider of technology, research, and technical assistance in creating a potential smart grid solution for the County in accordance with the Shared Vision and upon the consideration of each relevant stakeholder. c. Workforce Training Initiative -the parties in collaboration with Indian River State College and leveraging existing County and City training programs agree to potentially collaborate in preparing the County's workforce forjobs in the County's green economy. i. The parties may collaborate in identifying the County's workforce training needs, particularly in the focal green economy, ii. The parties may collaborate in training and certification support for focal contractors to perform various energy related jobs, including energy efficiency retrofits and appliance installation. d. local Business Development - a GE pilot initiative that leverages GE's knowledge base, global network, and existing business connections, GE will work in collaboration with Economic Development Council of St. Lucie County, Inc to assist the growth of select St. Lucie County-based small businesses. i. The parties will explore the opportunity to identify and screen local St. Lucie County- based green development and clean technology companies with an interest in global business growth. ii. With the intent of expanding the selected St. Lucie County-based businesses, GE's role in this effort may include introductions to potential partners for technology collaboration, potential licensees, sources of capital, and product distributors. iii. The parties may explore ways to collaborate on additional local business development and entrepreneurial initiatives that are consistent with the shared vision. iv. Each selected St. Lucie County-based company will retain sole responsibility for any business relationship that may result from GE's introduction to a business partner, including performance of due diligence (initial, legal, and financial), the structure and execution of any resulting relationship, and other areas such as subsequent risk analysis, deal structuring, and agreements. e. The parties may, with mutual consent, initiate other activities deemed appropriate and necessary for increasing cooperation, including, but not limited to, the formation of future binding agreements or transactions. 4) Avoidance of Conflicts a. This MOU expresses the intent of the two parties to enter into discussions with respect to potential mutually beneficial collaboration efforts; however, the parties agree that nothing in this MOU will give rise to any legally binding or enforceable obligation, liability, or agreement on the part of either party and is not, and should not be treated as, legally binding or enforceable upon any of the parties, except that the obligations under paragraph 4 (inclusive) hereof shall be legally binding upon and enforceable against each of the parties. This MOU does not constitute an agreement to consummate any transaction or an agreement to enter into definitive documentation relating to the transactions discussed herein. Notwithstanding anything to the contrary set forth herein, no party will be obliged to proceed with any transaction unless and until the execution of definitive documentation entirely satisfactory to the parties in both form and content. b. St. Lucie County certifies that as a result of GE's participation in this MOU, GE will not be precluded by any applicable state, county or city law, rule or regulation from qualifying for and pursuing opportunities, submitting bids, or being awarded business opportunities that may arise as a result of or relate to work performed in connection to this MOU. c. Without limitation, nothing in this MOU shall prevent St. Lucie County from discussing economic development opportunities with any other company or competitor of GE, or for GE from entering into an agreement with any other party or otherwise taking any action in accordance with its interests, whether relating to the subject matter of this MOU or otherwise. d. Nothing in this MOU waives any St. Lucie County policy or prohibits St. Lucie County from maintaining or enforcing its current policies or agreements, including, but not limited to, contracting, competitive bidding, workforce, and other requirements. 3 IN WITNESS WHEREOF, the parties hereto by their duly authorized representatives, have executed this MOU as of the date set forth above. St. Lucie County, F ri~a ~., General Electric Comp ~~~ ~_ Charles Grande Chairman Saint Lucie County Board of County Commissioners WITNESSES: ,~ ~ ~ Kevin Decker US Government Engagement Leader BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA COUNTY ADMINISTRATOR