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12-21-2010 Agenda Packet
December 21, 2010 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed 2[jq[ to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others' opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. December 21, 2010 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stiucieco.org .-A-t,:. ",La.:t.• .. ..:�-- <41 < 3 eL txt _,..•:. td` ss.. _ .-t3 .:. . •• :il..i.F.. •. '.41 .ii.:k .k 3 y R.'.,. i-: z>.tL:,£ f .,-.i,s.c - _� F1? "bfiv.S. L F•:_':. Chris Craft, Chairman District No. 5 Chris Dzadovsky, Vice Chairman District No. 1 Tod Mowery District No. 2 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the December 14, 2010 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. There are no proclamations/presentations scheduled for December 21, 2010. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 12 B. COUNTY ATTORNEY Resolution No. 10-317 —"Agricultural and Labor Program, Inc. 43rd Anniversary Day". Consider staff recommendation to adopt Resolution No. 10-317 as drafted. 2. Grant Agreement - Special Olympics St. Lucie County Consider staff recommendation to approve the proposed grant agreement with Special Olympics St. Lucie County, and authorize the Chairman to sign the agreement. 3. Contract for Sale and Purchase — Second Street Improvement Project — Port of Fort Pierce — Fishmonger Investors, L.L.C. — Parcel ID No. 2403=341-0009-00014 Consider staff recommendation to accept the Contract for Sale and Purchase with Fishmonger Investors, L.L.C., 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. C 0 E. COUNTY ATTORNEY CONTINUED Sea Oats Subdivision - Request for Authorization to File Suit to Determine the Appropriate Disbursement of Security Deposit under Subdivision Improvements Agreement with Crimson Group, LLC Consider staff recommendation to approve to authorize the County Attorney to file suit to determine the appropriate disbursement of the security deposit under the Subdivision Improvement Agreement with Crimson Group, LLC. PARKS, RECREATION & FACILITIES Facilities Division: 1. FEMA Severe Repetitive Loss Program Consider staff recommendation to approve: 1. Use County funding on a temporary basis to complete the approved SRL projects as outlined in the agenda memorandum. 2. Discontinue participation in the SRL and RL programs upon completion of current approved SRL projects. Parks & Recreation South Division: 2. MLK Dreamland Park AiPP Project Consider staff recommendation to approve the Arts in Public Places (AiPP) Committee recommendation to award the MLK Dreamland Park Interactive Water Feature AiPP project to Tile It of the Treasure Coast, Inc. PLANNING & DEVELOPMENT SERVICES Planning Division: 1. Permission to advertise — TVC Overlay Zone Land Development Regulations revisions Consider staff recommendation to approve authorization to advertise three public hearings for Ordinance No. 11-002, revisions to the TVC Overlay Zone Land Development Regulations. Business Development & Concurrency: 2. Treasure Coast Sports Commission 2010/2011 1st Contract Amendment Consider staff recommendation to approve the 1st Amendment to the Treasure Coast Sports Commission (TCSC) 2010/2011 bid fees and sponsorships contract permitting the TCSC to retain $7,703 of unspent monies and authorization for the Chairman to sign the amendment to the contract as prepared by the County Attorney. HOUSING & COMMUNITY SERVICES Housing Division: 1. HOME Investment Partnership Agreement Amendment Consider staff recommendation to approve acceptance of the FY 10 grant agreement amendment for the HOME Investment Partnership Program, and authorization for the Chairman to sign the documents as approved by the County Attorney. E. HOUSING & COMMUNITY SERVICES CONTINUED Budget Resolution No. 10-320 Consider staff recommendation to approve Budget Resolution No. 10-320, and authorization for the Chairman to sign documents as approved by the County Attorney. Community Services Division: 3. Transit Block Grant — Year 2 Consider staff recommendation to approve the Florida Department of Transportation Joint Participation Agreement for the Transit Block Grant; Budget Resolution No. 10-319 and First Amendment to Council on Aging of St. Lucie Sub Agreement C10-01-044, and authorization for the Chairman to sign documents as approved by the County Attorney. Federal Transit Administration (FTA) 5311 Operations Grant — FYI Consider staff recommendation to approve the Florida Department of Transportation Joint Participation Agreement for the FTA 5311 Non -Urbanized Area grant; Budget Resolution No. 10-318 and First Amendment to Council on Aging Sub Agreement C10-01-044, and authorization for the Chairman to sign documents as approved by the County Attorney. VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Ordinance No.10-033 — Providing for Eminent Domain Waivers No action is required at this time. A second reading of the proposed Ordinance is scheduled for Tuesday, January 4, 2011 at 6:00 p.m. or as soon thereafter as may be heard. B. COUNTY ATTORNEY Ordinance No.10-032 Library and Law Enforcement Impact Fees Consider staff recommendation to adopt Ordinance No. 10-032 and authorize the Chairman to sign the Ordinance. C. PLANNING & DEVELOPMENT SERVICES Planning Division: Right -of -Way Protection Map Consider staff recommendation to approve adoption of proposed Ordinance No. 10-036 amending the text of the Land Development Code to include the Right -of -Way Protection Map in Section 7.05.03. Vill. COUNTY ATTORNEY Interlocal Agreement with Port St. Lucie - Solid Waste Consider staff recommendation to approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. IX. ANNOUNCEMENTS County offices will be closed on Thursday, December 23, 2010 and Friday, December 24, 2010 to observe Christmas. The Board of County Commissioners December 28, 2010 Regular Board of County Commissioners meeting has been canceled. 3. The Board of County Commissioners December Informal Monthly Meeting has been canceled. 4. County offices will be closed on Friday, December 31, 2010 to observe New Years. 5. During January and February 2011, there will be a change in the BOCC meeting schedule as follows: the Board's regular night meeting will be held the first Tuesday, the informal meeting will be held in the morning on the second Tuesday and the regular morning meeting will be held the third Tuesday (If need be, there will be a second night meeting on the fourth Tuesday). This is a two -month trial meeting schedule from 5 to 3 meetings per month. It will be revisited by the Board upon its conclusion. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request Anyone with a disability requiring accommodation to attend this meeting should contact the St Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: December 14, 2010 Convened: 9:10 a.m. Adjourned: 9:47 a.m. Commissioners Present: Chairman, Chris Craft, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson, Tod Mowery Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Rec. Director, Don West, Public Works Director, Beth Ryder, Community Services Director, Karen Smith, ERD Director, Jim David Mosquito Control Director, Mark Satterlee, Development and Services Director, Lauri Waldon, Utilities Director, Bob Davis, Tax Collector, Millie Delgado -Feliciano, Deputy Clerk INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the December 07, 2010 meeting. It was moved by Com. Hutchinson, seconded by Com. Mowery, to approve the minutes of the meeting held December 7, 2010, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONSIPRESENTATIONS A. COUNTY ATTORNEY Resolution No. 10-313 — Renaming the Lawnwood Recreation Area as the "John B. Park Sports Complex" Consider staff recommendation to adopt Resolution No. 10-313 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Mowery, to approve Resolution No.10-313, and; upon roll call, motion carried unanimously. V. GENERAL PUBLIC COMMENT Mr. Tom Kindred, retired County Administrator for St. Lucie County, addressed the Board and those present providing information on Mr. Park's past accomplishments and the years they served St. Lucie County. Mr. Rick Haisley, long time friend of Mr. Park praised him for all his accomplishments. Mr. Park's grandson addressed the Board and stated his grandfather's recognition by the Board was a special day for his entire family. The team representative during Mr. Park's tenure as County Commissioner read a sports article from that time indicating their gratitude to Mr. Park's for his support of Rotary Park. VI. CONSENT AGENDA It was moved by Com. Dzadovsky, seconded by Com. Mowery, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS 12/10/10 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #11- 04-DEC-2010 TO 10-DEC-2010 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 341,834.10 460,192.82 001113 CDBG Supp Disaster Recovery Subgran 76,495.00 0.00 001190 FTA Sec 5307 - Buses 05/06 12,917.15 0.00 001194 U.S. Dept of Housing & Community 2,798.07 931.80 001413 FL Dept. Of Transp Park & Ride 180.00 0.00 001444 FCTD-Planning Grant FY10-11 87.80 714.50 001509 US Dept of Housing CDBG 09 28,490.05 0.00 001512 Neighborhood Stabilization Program 36,034.20 6,523.04 001517 HUD Shelter Plus Care 6,480.90 0.00 001518 Section 112/MPO/FHWA/Planning 680.82 8,980.29 001519 CDBG FY 2008 Disaster Recovery 122.69 2,338.99 001529 CSBG FY 2011 64.49 795.63 001533 Energy Efficiency & Conservation Bl 54,025.00 0.00 001534 Metropolitan Planning/Section 5303 14.87 200.06 101 Transportation Trust Fund 2,826.89 31,529.56 101001 Transportation Trust Interlocals 80.02 1,237.60 101002 Transportation Trust/80% Constitut 17,352.10 45,068.18 101003 Transportation Trust/Local Option 13,251.83 14,711.52 101004 Transportation Trust/County Fuel Tx 2,408.70 15,738.65 102 Unincorporated Services Fund 5,824.53 72,325.01 102001 Drainage Maintenance MSTU 12,381.76 16,056.86 107 Fine & Forfeiture Fund 72,135.77 164,437.00 107001 Fine & Forfeiture Fund -Wireless Sur 2,469.62 1,122.83 107002 Fine & Forfeiture Fund-E911 Surchar 15,148.58 1,122.83 107006 F&F Fund -Court Related Technology 8,074.31 8,736.95 107161 Edward Byrne Mem JAG ARRA 2009 64,210.00 0.00 107205 Juvenile Justice & Delinquency Prev 105.86 1,384.00 130 SLC Public Transit MSTU 150.59 2,085.83 130100 FTA 5307 Capital and Operating assi 17,300.00 0.00 130101 FTA Operating and Capital Assist 172.00 0.00 130102 FTA 5307-ARRA 2009 Capital Projects 152,638.20 0.00 130104 FTA 5317 New Freedom Enhanced Servi 11,316.04 0.00 140 Airport Fund _ 252,204.26 12,329.20 140306 DOT -New N. Entrance Port Ft. Pierce 1,550.00 0.00 140368 FDOT - Taxiway C Rehabilitation 49,908.80 0.00 150 Impact Fee Collections 88.43 1,523.20 160 Plan Maintenance RAD Fund 3,637.53 3,110.46 183 Ct Administrator-19th Judicial Cir 3,857.48 3,105.65 183001 Ct Administrator-Arbitration/Mediat 451.62 0.00 183004 Ct Admin.- Teen Court 2,117.95 5,404.72 183006 Guardian Ad Litem Fund 2,173.44 0.00 184211 FDEP South SLC Beach Restoration 20,486.04 0.00 185010 FHFA SHIP 2008/2009 180.50 0.00 189101 Home Consortium FY 2008 127.50 2,338.99 189102 Home Consortium 2009 13,602.82 0.00 190 Sports Complex Fund 26,086.69 16,240.39 204 Communication System I&S Fund 700.38 0.00 250 Capital Projects I&S 290,346.84 0.00 Approve warrant list No. 11 The Board approved Warrant List No. 11 B. COUNTY ATTORNEY Permission to Request Attorney General Opinion on Proposed Candy -Flavored Tobacco Ordinance The Board granted permission to the County Attorney's Office to request an Attorney General Opinion on the Proposed Candy -Flavored Tobacco Ordinance Fort Pierce FBO, L.L.C. - Sublease Agreement with Missionary Flights and Service, Inc. The Board consented to the proposed sublease agreement between Fort Pierce FBO, L.L.C., and Missionary Flights and Service, Inc. C. MANAGEMENT & BUDGET Purchasing Division: 1. Bid No. 10-039, Temporary Non -Clerical Personnel Services The Board approved rejecting all proposals received for Bid No. 10-039, Temporary Non - Clerical Personnel Services, and permission to re -advertise. 2. Fixed Asset Inventory — Property Record Removal The Board authorized removing the fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of various departments of St. Lucie County Board of County Commissioners. 3. Fixed Asset Inventory — Property Record Removal The Board authorized removing the fixed asset, as listed on the attached Property Disposition Form, from the capital asset inventory of the Clerk of Circuit Court. 4. Fixed Asset Inventory — Property Record Removal The Board authorized removing the fixed assets, as listed on the attached Property Disposition Form, from the capital asset inventory of the St. Lucie County Supervisor of Elections Office. 5. Request for Qualifications (RFQ) No. 10-058, Professional Engineering Services — D-9 Canal & Hogpen Slough Improvement Project The Board approved the short-listed firms for Professional Services — D-9 Canal & Hogpen Slough Improvement Project and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-listed firm and authorize the Chairman to sign the documents as prepared by the County Attorney. 6. Bid No. 10-030, Waste Tire Processing The Board approved awarding Bid No. 10-030, Waste Tire Processing, to Liberty Tire Recycling of Fort Pierce, Florida and authorized the Chairman to sign documents as approved by the County Attorney. Request for Qualifications (RFQ) No. 10-060, Professional Engineering Services — 101h Street Roadway Reconstruction from Citrus Avenue to Moores Creek Drainage Improvements The Board approved the short-listed firms for Professional Services —101h Street Roadway Reconstruction from Citrus Avenue to Moores Creek Drainage Improvements and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 2 3. If negotiations are successful, award contract to the successful short-listed firm and authorize the Chairman to sign the documents as prepared by the County Attorney. C. MANAGEMENT & BUDGET CONTINUED Approval of Budget Resolution No. 10-316 The Board approved Budget Resolution No. 10-316, which will amend Budget Resolution No. 10.354 and correct the fund number for Public Safety's Emergency Management Preparedness and Assistance (EMPA) Trust Fund Program Base Grant. D. PUBLIC WORKS Solid Waste: 1. Purchase of D6N LGP Tractor off the Florida Sheriffs Association Contract The Board approved Equipment Request EQ11-016 and Budget Amendment BA11-002 for the purchase of one D6N LGP Tractor off the Florida Sheriffs Association Contract #10-18- 0907 in the amount of $233,584. Water Quality Division: 2. Amendment and renewal to Contract for Aquatic Vegetation Control Services The Board approved the seventh amendment and first one year extension to Contract No. C07-12-695 with Aquagenix; the addition of ten new and one revised location; and authorized the Chairman to sign documents as approved by the County Attorney. E. HOUSING & COMMUNITY SERVICES Housing Division: 1. Contract Terminations The Board approved terminating the balance of contracts C10-07-408, C10-07-298, C10- 07-311 and C10-07-538 and authorized the Chairman to sign documents as approved by the County Attorney. 2. Deed Transfer The Board approved the transfer of 5300/5302 Sanibel Avenue to Fort Pierce Housing Development Corporation, and authorized the Chairman to sign documents as approved by the County Attorney. ENVIRONMENTAL RESOURCES Environmental Regulations and Lands Division: Treasure Coast Lexus — Release of Surety for the Landscaping and Tree Mitigation Improvement Agreement The Board approved the release of surety associated with the Treasure Coast Lexus Landscaping and Tree Mitigation Improvement Agreement, in the amount of $16,039.00, and authorized the Chairman to sign documents as approved by the County Attorney. G. COMMISSIONER HUTCHINSON Committee Appointments The Board ratified Commissioner Hutchinson's Committee Appointments VII. PUBLIC HEARINGS A-J PUBLIC WORKS Engineering Division: Special Assessment Notices of Intent (NO1) for 2011 3 Consider staff recommendation to approve Resolution Numbers 10-302 through 10-311, Special Assessment NO1 for 2011 as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. Resolution No. 10-302 It was moved by Com. Hutchinson, seconded by Com. Dzadovsky, to approve Resolution No. 10- 302, and; upon roll call, motion carded unanimously. Resolution No. 10-303 It was moved by Com. Lewis, seconded by Com. Dzadovsky, to approve Resolution No. 10-303, and; upon roll call, motion carried unanimously. Resolution No.10-304 It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve Resolution No.10-304, and; upon roll call, motion carried unanimously. Resolution No.10-305 It was moved by Com. Hutchinson, seconded by Com. Dzadovsky, to approve Resolution No. 10- 305, and; upon roll call, motion carried unanimously. Resolution No.10-306 It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve Resolution No. 10-306, and; upon roll call, motion carried unanimously. Resolution No.10-307 It was moved by Com. Lewis, seconded by Com. Dzadovsky, to approve Resolution No. 10-307, and; upon roll call, motion carried unanimously. Resolution No.10-308 It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve Resolution No.10-308, and; upon roll call, motion carried unanimously. Resolution No. 10-309 It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve Resolution No. 10-309, and; upon roll call, motion carried unanimously. Resolution No. 10-310 It was moved by Com. Dzadovsky, seconded by Com. Hutchinson, to approve Resolution No. 10- 310, and; upon roll call, motion carried unanimously. Resolution No. 10-311 It was moved by Com. Mowery, seconded by Com. Dzadovsky, to approve Resolution No. 10-311, and; upon roll call, motion carried unanimously. K. PLANNING & DEVELOPMENT SERVICES Annual update to the Comprehensive Plan Capital Improvements Element (CIE) for FY 2010-11 — FY 2014/15 Consider staff recommendation to approve adoption of proposed Ordinance No. 10-040 updating the Capital Improvements Element for FY 2010/11 — FY 2014/15. Com. Dzadovsky questioned if the elements could be amended as the funding sources change in the future. iI Staff advised Com. Dzadovsky they could be amended as the funding sources change Com. Mowery advised those present the DCA would review the expenditures to make sure all is in line. It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve Ordinance No. 10-040, and; upon roll call, motion carried unanimously. VIII. COUNTY ATTORNEY Request to have the Board approve designating the current St. Lucie County Lab Technicians as Part -Time County Employees with limited benefits. Consider staff recommendation to approve the current lab technicians (independent contractors) become Part -Time County Employees with limited benefits. Com. Hutchinson requested clarification regarding the term "qualified to be county employees". The Criminal Justice Coordinator stated the report stated various requirements and training in the field and due to this, they could be considered employees as opposed to independent contractors. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve staff recommendation, making the effective date January 1, 2011, and; upon roll call, motion carried unanimously. IX. ADMINISTRATION Planning & Zoning Commission/Local Planning Agency one at -large vacancy Consider staff recommendation that the Board vote and appoint one at -large member from the attached applications submitted to fill the Planning & Zoning Commission at -large partial term vacancy. Upon tally of the votes, was appointed as the at large member to fill the Planning & Zoning Commission at - large partial term vacancy. Upon tally of the votes, Mr. Blazak was appointed as the at large member for the partial term. Unagendad Com. Craft requested Board approval to draft a letter to the Chairman of Amtrak and others within Amtrak, indicating support for Amtrak services in our community. The County Administrator will be walking the letter around to the Commissioners. It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve the drafting of the letter to the Chairman of Amtrak indicating support for services, 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 5 CONSENT AGENDA ITEMS PAGE 1 12/17/10 FZABWARR FUND 001 001502 001509 001512 001516 001518 001523 001529 001533 001823 101 101002 101003 101004 101006 101112 102 102001 105 107 107002 107003 107006 107159 107205 115 118 121 129 130 130109 140 140001 140135 140306 140355 160 183 183001 183004 185010 189102 190 216 310001 316 401 418 ST. LUCIE COUNTY - BOARD WARRANT LIST #12- 11-DEC-2010 TO 17-DEC-2010 FUND SUMMARY TITLE General Fund Homeland Security - Issue 09 US Dept of Housing CDBG 09 Neighborhood Stabilization Program Homeland Security -Issue 10 Section 112/MPO/FHWA/Planning Emer Mgmt Prep & Assis FY11 (EMPG) CSBG FY 2011 Energy Efficiency & Conservation Bl INTACT Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees FHWA FDOT Walton Road Widening Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology USDOJ SCAAP 2008/09 Juvenile Justice & Delinquency Prev Sheraton Plaza Fund Paradise Park Fund Blakely Subdivision Fund Parks MSTU Fund SLC Public Transit MSTU FTA 5307 Capital and Operating Airport Fund Port Fund FAA Security Fencing & Runway 9L/27 DOT -New N. Entrance Port Ft. Pierce Security Fencing Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FHFA SHIP 2008/2009 Home Consortium 2009 Sports Complex Fund County Capital I&S Impact Fees -Library County Capital Sanitary Landfill Fund Golf Course Fund EXPENSES 571,345.42 5,450.00 2,726.00 7,953.55 1,340.58 16.77 3,155.96 538.96 150,000.00 62.00 1,407.84 20,384.31 4,518.37 5,929.42 55,009.28 133,919.67 31,279.82 3,867.24 3,218.04 43,077.93 10,445.20 1,550.28 56,271.50 4,236.95 227.95 611.80 845.57 93.41 78,925.26 112.07 42,578.00 11,059.73 85.78 24,628.75 1,860.00 1,296.25 4,856.59 4,978.21 240.00 186.07 13,803.35 16,936.40 22,093.22 1,202.00 11,396.49 6,207.94 139,886.40 17,167.42 PAYROLL 2,025.60 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 12/17/10 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #12- 11-DEC-2010 TO 17-DEC-2010 FUND SUMMARY FUND TITLE EXPENSES 451 S. Hutchinson Utilities Fund 579.18 461 Sports Complex Fund 1,406.90 471 No County Utility District-Operatin 126,988.67 479 No Cty Util Dist -Capital Facilities 410.00 491 Building Code Fund 7.00 505 Health Insurance Fund 106,474.97 611 Tourist Development Trust-Adv Fund 12,998.75 801 Bank Fund 20,647.11 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 1, 633.70 0.00 0.00 GRAND TOTAL: 1,788,496.33 3,659.30 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. V[ - 13 DATE: December 21, 2010 REGULAR[] PUBLIC HEARING [ ] CONSENT [ x ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 10-317 - "AGRICULTURAL AND LABOR PROGRAM, INC. 43RD ANNIVERSARY DAY". BACKGROUND: Twila Smith, Operations & Quality Director with The Agricultural and Labor Program, Inc., has requested that this Board proclaim January 22, 2011 as "AGRICULTURAL AND LABOR PROGRAM, INC. 43RD ANNIVERSARY DAY" in St. Lucie County, Florida. The attached Resolution No.10-317 has been drafted forthat purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 10-317 as drafted. COMMISSION ACTION: CONCURRENCE: DQ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney:`" Daniel S. McIntyre RESOLUTION NO. 10-317 A RESOLUTION PROCLAIMING JANUARY 22, 2011, AS "THE AGRICULTURAL AND LABOR PROGRAM, INC. 43`d ANNIVERSARY DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Agricultural and Labor Program, Inc. (ALPI) is a private, non-profit, community based organization that has been helping people and changing lives since 1968. The ALPI is based on five underlying principles that guide all its activities: a. Involvement of People b. Emphasis on long-term accomplishment rather than promises C. Assurance of economic viability d. Emphasis on self-help e. A sound integrated total systems approach 3. ARRA Early Head Start Expansion Project in St. Lucie and Polk Counties expanded slots to provide services to an additional 100 infants, toddlers and pregnant women. The ALPI provided Head Start/Early Head Start and Child Development Service to 835 families annually in partnership with city and county government, public schools, the United Way, and Early Learning Coalitions. 4. The ALPI provides Community and Family Support Services to 11,000 families annually through Low Income Home Energy Assistance, CSBG, USDA Child Care Program, DOE Farm workerTraining and Emergency Services, HUD Housing Counseling, Farm worker Affordable Housing, Child Care, Before and After School Care. 5. CSBG/ARRA enrolled 607 individuals into family self-sufficiency program and the regular CSBG enrolled another 193. A total of ten jobs were created as well as 200 summer job opportunities for youth. 6. Voluntary Pre -Kindergarten services were expanded in St. Lucie and Polk Counties to serve more than 325 children. 7. Child Care Food and Nutrition services were provided to 351, 650 pre-school and school age children. 8. LIHEAP services were expanded to provide assistance to a total of 14,812 families (i.e. Collier, Glades, Hardee, Hendry, Highlands, Martin, Polk & St. Lucie Counties). 9. Mitigation services were provided to 14 clients in various stages of foreclosure often resulting in modifications to their mortgages. An additional 50 clients were provided HUD Housing Counseling services. 10. Full-time employment opportunities were maintained to 225 employees in Highlands, Polk, St. Lucie and Volusia Counties. 11. The month of January 2011 will commemorate the beginning of 43 (forty-three) years of providing a constant flow of community support services to provide a mechanism toward helping socially and economically disadvantaged children and families achieve and maintain family stability and economic self-sufficiency. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim January 22, 2011, as "THE AGRICULTURAL AND LABOR PROGRAM, INC. 43rd ANNIVERSARY DAY" in St. Lucie County, Florida. 2. This Board does hereby recognize and appreciate the many services provided by this agency and congratulates ALPI on 43 years of service to the citizens of St. Lucie County. PASSED AND DULY ADOPTED this 21" day of December 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Ir AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney SUBJECT: Special Olympics St. Lucie County - Revised Grant Agreement BACKGROUND: See C.A. No. 10-1613 ITEM NO. VI-B-2 Date: December 21, 2010 Regular [ ] Public Hearing [ J Consent [X] PRESENTED BY: Heather Young Assistant County Attorney FUNDS AVAIL.(State type & No. of transaction or N/A): Account No. 001009-6900-582000-600 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the revised grant agreement with Special Olympics St. Lucie County, and authorize the Chairman to sign the agreement. COMMISSION ACTION: APPROVED [ ] DENIED (] OTHER: Approved 5.0 CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures County Attorney: Mgt. & Budget.. Daryel5. McInt Marie Gouin Originating Dept.., Growth Mgmt: Beth Ryder Finance (Check for Copy only, if applicable): Purchasing: Other Debra Brisson INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 10-1613 DATE: December 9, 2010 SUBJECT: Special Olympics St. Lucie County - Revised Grant Agreement BACKGROUND: Attached to this memorandum is a copy of a revised grant agreement with Special Olympics St. Lucie County. On October 12, 2010, the Board of County Commissioners approved a grant agreement in the amount of $32,178.00 to Special Olympics for its programs in St. Lucie County. Following that approval, the agreement was revised to permit Special Olympics to use office space, including related furniture, equipment, and utilities, as well as Parks and Recreation vans to transport athletes and volunteers. Special Olympics will coordinate use of the van with the Parks and Recreation Director or her designee and will be responsible for fuel costs related to its use of the van. RECOMMENDATION/CONCLUSION : Staff recommends that the Board of County Commissioners approve the revised grant agreement with Special Olympics St. Lucie County, and authorize the Chairman to sign the agreement. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Parks and Recreation Director Management and Budget Director Finance Director GRANT AGREEMENT THIS AGREEMENT, made this day of 2010, between ST. LUCIE COUNTY, hereinafter called the "County", administrators, and dA ssigns'hereinafter LUCIE COUNTY, or its successors, executors, called the "Recipient": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows'- 1. The County shall disperse to the Recipient a grant in the total amount of thirty-two thousand one hundred seventy-eight and 00/100 dollars ($32,178.00). Payment to the Recipient shall be made within thirty (30) days after the date this Agreement is executed on behalf of the County. 2. The grant shall be used in accordance with the Recipient's 2010/11 Grant Application, a copy of which is attached hereto and incorporated herein as Exhibit "A". The Recipient shall provide the County with an annual report indicating how the grant funds have been expended and the activities of the Recipient during the previous year. The report shall be delivered to the County on or before November 1, 2011. 3. In addition to the grant funds provided above in Section 1, the County shall also provide the Recipient with use of the following equipment and in kind services: A. Office space and related utilities B. Office furniture (desk, chair, file cabinet, and storage cabinet) C. Telephone and internet access D. Postage E. Use of Parks and Recreation vans to transport athletes and volunteers (use shall be coordinated with Parks and Recreation Director or her designee) F. Copier and fax machine (Recipient shall provide paper) G. Computer (in lieu of cell phone) The Recipient shall be responsible for all other office and program equipment and expenses. The Recipient's office hours shall be the same as the normal business hours at the facility where the office is located, or as approved the facility manager. The Recipient shall be responsible for fuel costs for the van when used. s:\atty\agreemnt\special olympics.2010.doc 4. The Recipient shall maintain through its parent organization, Special Olympics Florida, Inc., and, prior to commencement of this Agreement provide, the County with evidence of following insurance coverage: A. Commercial General Liability: Commercial general liability insurance to include: 1) premises/operations, products/completed operations, (including XCU hazards) and personal and advertising injury for limits of not less than $1,000,000 per occurrence; 2) fire damage for limits of not less than $100,000 per occurrence; 3) medical payments for limits not less than $5,000 per person and 4) a general, per contract/project, aggregate limit of not less than $2,000,000. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non - renewal and include County as an additional insured B. Business Automobile Liability: Business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non -renewal and include the County as an additional insured. C. Workers' Compensation and Employers Liability: Workers' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000 for accidents or disease. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non -renewal. 5. The Recipient shall have internal controls adequate to safeguard the grant. 6. If the grant cannot be used or a subsequent audit reveals the grant was not used according to this Agreement, any money not so used shall be reimbursed to the County. 7. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. SAatty\agreemnt\special olympics.2010.doc 2 ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPLICATION FOR FUNDING NON-PROFIT AGENCY COUNTY FISCAL YEAR 20010/11 (OCTOBER 1, 2010 - SEPTEMSER 30, 2011) SECTION I ADMINISTRATIVE INFORMATION 1. AGENCY: Name: Special Olympics St Lucie County Address: 1302 Virginia Ave. Telephone: 772-462-1683 Fax Number: 772-462- 2377 Tax Exempt No: 85-801267293C-1 2. CONTRACT/PROJECT DIRECTOR: Name: Diana Mitchell Title: County Coordinator Special Olympics St Lucie Co. Telephone: 772-462-1683 cell- 772 216-1578 email: Mitchelld@stlucieco.org 3. CSIEF FINANCIAL OFFICER: DIRECTOR OF FINANCE: Name: Silvia Vega Address: 1915 Don Wickham Dr Clermont F1.34711 Telephone: 352-243-9536 Email: silviavega@sofl.org 3 DATE: APPROVED AS TO FORM AND By: CORRECTNESS: County Attorney WITNESSES: SPECIAL OLYMPICS ST. LUCIE COUNTY BY: NAME: TITLE - DATE: 5:\atty\agreemnt\special olympics.2010.doc 5 or subsequently provides any forms for contract modification, Recipient agrees to use said forms. 15. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 16. The Recipient shall not assign this Agreement to any other persons or firm without first obtaining County's written approval. 17. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supercede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 18. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non- binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 19. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the 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 the execution by their duly authorized officials as of the day and year first written above. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN 5Aatty\a9reemnt\specia1 olympics.2010.doc 4 8. The Recipient shall allow access to 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. 9. The Recipient agrees to fully indemnify and hold harmless the County and the St. Lucie County Board of County Commissioners, their officers, employees, and agents of and from all liabilities, damages, claims, recoveries, costs and expense in any way arising out of the receipt or expenditure of these monies. The Recipient hereby acknowledges that the payments made under this Agreement includes specific consideration for the indemnification provided herein. 10. The Recipient agrees to comply with all local, state and federal laws, rules and regulations 11. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by St. Lucie County. 12. Either party may terminate this Agreement with or without cause upon thirty (30) days written notice to the other provided however the Recipient shall reimburse the County for all unexpended funds or funds expended in conflict with Recipient's application, as of the date of termination notice. 13. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: To the County: St. Lucie County Administrator 2300 Virginia Avenue, Third Floor Fort Pierce, Florida 34982 To the Recipient: Special Olympics St. Lucie County 1302 Virginia Avenue Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue, Third Floor Fort Pierce, Florida 34982 14. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides 5:\atty\a9reemnt\special olympics.2010.doc 3 ST.LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPLICATION FOR FUNDING NON-PROFIT AGENCY COUNTY FISCAL YEAR 2010/11 (OCTOBER 1, 2010 - SEPTEMBER 30, 2011) SECTION II PROJECT IDENTIFICATION This Section must describe in narrative form the specific problem(s) to be addressed by the implementing agency. Current data must be presented which defines the nature and extent of the targeted problem(s). Please provide the Florida Statute number that requires County participation for the program. Start below (use continuation pages if necessary). Special Olympics County Coordinators position, benefits, office and in -kind benefits will be terminated with the continued County Cuts, As of October 1, 2010 the fiscal year of St Lucie County. Without the Special Olympics St Lucie -- County Coordinators paid position the program will not function. S.O. St Lucie County has 189 registered athletes; ages 8 or older (With no age limit) 48% are seniors. We offer nine different sports with year round training at no cost to the athlete. We provide limited transportation services to our athletes through funds given by the Agency of Persons with Disabilities. There are no other sports programs like ours in the county for people with Intellectual Disabilities. If this position is not a full time paid position, the position will go back to being a volunteer position. S.O.S.L.C. has problems recruiting coaches to volunteer. If the position of County Coordinator is left up to volunteers, the Athletes attendance will decrease back to 28 athletes, as in the year of 1996. Before the position was a paid position. Without a coordinator the program is in jeopardy of losing their accreditation like Okeechobee County has for over 12 years. Special Olympics St Lucie Co. provides more than sports for people with Intellectual Disabilities. Our non-profit sports oriented organization provides year- round sports training and athletic competition in a variety of Olympic - type sports for children and adults with Intellectual Disabilities by giving them continuing opportunities to develop physical fitness, demonstrate courage, experience joy and participate in the sharing of gifts, skills and friendships with their families, other athletes and the community. Participating in SO helps athletes to become productive and respected members of our society at large. By offering them a fair opportunity to develop mentally and physically, and by demonstrating their skills and talents through sports training and competition. Also helping to increase the public's awareness of their capabilities and needs. 4 In fact, the program's impact can be demonstrated by these statistics: a) 46% of our athletes have been involved 11 years or more, b) 67% initially become involved through a school program, c) 70% have never played sports before Special Olympics, and d) just over half (52%) of U.S. Special Olympics athletes over the age of 18 are employed; 54% of employed athletes work in sheltered workshops; 46% work in inclusive environments. Research has also explored the reasons why athletes and their families participate in Special Olympics. Family members view Special Olympics primarily as an opportunity for: UNITED STATES: Why Particl ete? Self -Esteem /Self Confidence 53% Social Skills 19% -Relationships with Others 13% Health 12% Sports Skills 3% Despite the impressive scope of Special Olympics and its significant growth, the organization still serves a very small portion of the worldwide population with intellectual disabilities - approximately 1.5%. Even in North America where Special Olympics has been active for more than 40 years, only approximately 4.2% of the people with intellectual disabilities are involved with Special Olympics. Thus, the potential for the benefits of Special Olympics to be extended to millions of additional people with intellectual disabilities is significant. ST. LUCIE COUNTY BOARD OF COUNTY CObMSSIONERS APPLICATION FOR FUNDING NON-PROFIT AGENCY COUNTY FISCAL YEAR 2010/11 (OCTOBER 1, 2010 - SEPTEMBER 30, 2011) SECTION III PROPOSED SOLUTION TO THE TARGETED PROBLEM This Section must describe in narrative form the proposed implementation plan to reduce or eliminate the targeted problem(s) as identified in Section II. Start below (use continuation pages if necessary). With the help of a County Grant we can fund the salary of the County Coordinator. The County Coordinator will ensure that the program will remain as efficient as it is now and continue to flourish. Special Olympic County Coordinator will continue to serve the community's diverse population. The Coordinator will continue to provide opportunities for people with Intellectual Disabilities to develop physical fitness demonstrate courage, skills, and experience the joy of participating in sports. Special Olympics Co. Coordinator will assure that the job of the coordinator will be carried out any and all job requirements met. The coordinator assumes total responsibility for all aspects of Special Olympics within the county. This includes leadership and supervision of a full county management team, its chairpersons and all sub -committee functions. The county coordinator is responsible for working in cooperation with other coordinators in their area for the purpose of Sports Training and Competition. The coordinator will communicate effectively with Special Olympics Florida on an ongoing basis. The Co. Coordinator will ensure the county meets the minimum standards necessary for Special Olympics State Accreditation. And manage year round quality sports training and competition. See Attached documents for County Coordinator's job description: C.1 Special Olympics County Management Team County Coordinator JOB TrME: County Coordinator APPOWT`MENT: The County Coordinator position is appointed or re -appointed annually. Performance will be reviewed and evaluated on an annual basis by the Vice President of Programs. Community leaders and County Management Team members should, annually, recommend names for potential coordinators to Special Olympics Florida. RESPONSIBILTTIES: Assumes total responsibility for all aspects of Special Olympics within the county. This includes leadership and supervision of a full county management team, its chairpersons and all sub -committee fimchons. The County Coordinator is responsible for working in cooperation with other coordinator in their area for the purpose of Sports Training and Competition. The coordinator must communicate effectively with Special Olympics Florida on an ongoing basis. JOB DUTIES: 1. To manage year-round quality sports training & competition. 2. To ensure county meets the minimum standards necessary for accreditation. 3. To implement the county Special Olympics program through the required committee structure and by making the appropriate chairperson appointments. The County Coordinator is responsible for the recruitment, training and supervision of committee chairperson. 4. To conduct productive, informative and efficient management meetings on a monthly or quarterly basis and ensure minutes are taken of action items and are distributed afterward. 5. To fully educate and effectively communicate with members of the County Management Team as to the goals, resources and update information provided by Special Olympics Florida. 6. To develop an annual plan in conjunction with the County Management Team. 7. Evaluate the county plan annually in conjunction with the Management Team. 8. To develop a county budggt that will reflect the counter oalR s and objectives and priorities Budget should be joint effort between mangement team and county coordinator, 9. Oversee the submission of monthly receipts for expenditures and in -kind donations receipts High -end expenditures need approval 10. To work cooperatively and effectively under the advisement of the Finance Chair and the Vice President of Finance to ensure that county funds are both saved and spent wisely. I L •To monitor the county's promotions, fund raising activities and public relations to ensure they follow the established policies and guidelines of Special Olympics Florida and Special Olympics International including the use of the SOI Style Guide. 12. To ensure sufficient funds are raised to implement a year round sports training and competition program. 13. To ensure accurate & official records are kept on all athletes and partners (Application of Participation form for athletes and partners, Atlanto-axial Release Form, Sports Entry Form and Athlete Medication card). 14. To submit the name of a qualified individual for the position of County Athlete and Coaches Education Chairperson to the Special Olympics Florida Director of Training. To work cooperatively with the efforts of the County Athlete and Coaches Education Chairperson. 15. To select and appoint, in conjunction with the Athlete and Coaches Education Chairperson, a representative for each registered training program identified. 16. To work cooperatively and effectively with the efforts of the Athlete and Coaches Education Chairperson to ensure proper development of sports opportunities for athletes of all ability levels within the county program, including Unified Sports and MATP. 17. To offer as many league and competition opportunities as possible to athletes. 18. In accordance with the Recruitment Campaign established by Special Olympics International, coordinate efforts to reach out to civic clubs, ARC's, special education personnel, schools and institutions, family members, sports clubs, recreations departments and other interested groups in order to provide every person with mental retardation, the chance to participate in Special Olympics. Ensures a climate of program growth for athletes and coaches is the mission and heart of the county annual plan. 19. Submit the name of a qualified Recruitment Chairperson to the DirecWr of Recruitment to ensure additional in-service is available to the Chair. 20. Ensure a county recruitment plan is developed which targets the athlete growth in the population the committees wishes to reach, i.e., more (at least 50) group home athletes (adults) . 21. To serve as Head Delegate and represent the County Program at area and state level meetings and/or competitions. In the event the County Coordinator cannot serve as Head Delegate, he/she must recruit and train a Head Delegate in accordance with Special Olympics Florida guidelines. Ensure coaches are adequately trained and certified prior to attending Sectional and State competitions. If County Program has more than one paid staff member the sports staff member may serve as head delegate at the discretion of the county coordinator. 22. To ensure that proper volunteer registration screening and training of all county volunteers is executed in accordance with Special Olympics International's policy and following Special Olympics guidelines. 23. To ensure proper management and recognition of all volunteers. County program should submit nominations to SOFL annually for the state level volunteer recognition program held at the leadership conference 24. To educate family members as to the philosophy and mission of Special Olympics. To encourage families to be a part of Special Olympics through written communication, personal invitations to competition, assistance with training of their athlete, transportation, and invitations to planned special events and family activities. 25. To ensure that adequate transportation is provided to training sessions, and to local, sectional, area, and state competition. 26. To adhere to all deadlines established by Special Olympics and Area committees. 27. To work cooperatively with the efforts of Special Olympics staff members. TIME REQUIREMTENT: Year round: Will vary depending on size of the county program. QUALIFICATIONS: The person must: 1. Be familiar and committed to the mission and philosophy of Special Olympics and our athletes. 2. Be familiar with various resources in the county: • Programs providing services to persons with mental retardation • Possible funding/sponsors • Human resources to voluntarily staff the program • Sports facilities, personnel and equipment • Parent networking 3. Show evidence of good organizational, leadership, supervisory and delegation skills. 4. Show evidence of good oral and written communication skills S. Have some promotional/marketing or public education experience. 6. Be willing to be interviewed by press. 7. Be willing to meet with community leaders, such as City/County Commissioners, School Board members, Superintendent of Schools, Director of Special Education, and principal. SUPERVISED BY: The Vice President of Field Services, Special Olympics Florida TRA 41NG PROVIDED: Annual Leadership Conference; Administrative Manual: Sports Information Guide: In-service upon request, provided at Special Olympics Florida headquarters: annual Sports Workshop; statewide training schools. Special Olympics Florida Accreditation Background Information Accreditation Statement of Purpose Special Olympics Florida aspires to provide the very best year-round sports training program possible for athletes with mental retardation. A system of accreditation promotes a positive public image and credibility of the program. The achievement of accreditation ensures that quality programs based on Special Olympics Florida standards will be implemented. In order to maintain the high standards established it is imperative to ensure that accountability exists at all levels throughout the state. Special Olympics Florida has a strong sense of commitment and purpose to this accreditation process. It is important that you share these standards with the county management teams, key volunteers, coaches and family members so that together we may develop a plan and execute a program designed to embrace and exhibit both growth and quality for the coming calendar year. Each year Special Olympics Florida is required to complete and return a Final Report to Special Olympics International. Depending on the Level of Accreditation Special Olympics Florida receives; it may also have to submit an application for accreditation to Special Olympics International. This process must be followed in order for Special Olympics Florida to meet the accreditation requirements and maintain its good standing with Special Olympics International, and preserve its non-profit status. The name Special Olympics and its logo are copyrighted, and Special Olympics Florida is granted permission to use the name and logo only through the accreditation process. The process also results in Special Olympics Florida county programs who meet the minimum standards described in this accreditation document being granted permission to use the Special Olympics name and logo. Accrediting county programs serves four principal functions: 1. It ensures a standard of quality and uniformity among all programs within Florida. 2. It assists the Special Olympics Florida office in formulating program goals and computing allocations for state competitions. 3. It provides the necessary information required to complete the Application for Accreditation and Final Report for Special Olympics International. 4. It facilitates the evaluation of existing programs and enables county programs to highlight strengths and weaknesses and formulate future plans, thus maintaining a quality program. Accreditation Requirements and Process A county will be awarded accreditation based on the following criteria: 1. Special Olympics Florida must receive Part A of the Accreditation Application by December 1st of each year. Part A includes annual plans, the annual budget and a list of the Management Team members. 2. Part B of the Accreditation Application must be completed by April 1. It should include: • The Annual Report (statistical, demographic training and competition information from the previous calendar year. • Revised budget, if necessary for the current year. • The annual equipment inventory (as of 12/31) form (gggghed� 3. The county program has on file a valid Application for Participation (medical) and Athlete Waiver for each athlete prior to training and competition. Programs are subject to on -site program audits at any time to determine if the health and safety needs of athletes and unified partners are being met. 4. All financial documentation has been submitted and have been accepted and approved by SOFL. 5. The applicant organization must agree to operate the county Special Olympics Florida Program in accordance with the bylaws of Special Olympics and within the guidelines and policies established by the Special Olympics Florida and Special Olympics Inc. 6. The applicant organization must agree to solicit charitable contributions in accordance with the regulations of the State of Florida, and agree that such funds so accumulated will be spent according to the financial guidelines 7. The applicant organization meets the listed Accreditation minimum standards. 8. The applicant organization must submit by December 1st of each year the name of the candidate for the position of County Coordinator for approval and final confirmation by the Vice President of Field Services and Senior Vice President of Programs for SOFL. 9. If a county does not apply for accreditation or is denied accreditation it may not: • Raise money in the name of Special Olympics. • Use the name Special Olympics. • Conduct local training or competition. • Have a checking account in the name of Special Olympics. • Send athletes to Area, Sectional, State, Out of State Invitationals, SE Regional, National, and World Competition. 10. There will be Provisional Accreditation for those county programs which: • Are new and have not existed in the last 2-3 years. • Are starting over with a new County Management Team and starting a new local training program. • Are deficient in meeting the criteria for Accreditation. • Counties with Provisional Status will receive a Management Letter detailing the expectations and requirements of the program along with specific timelines for corrective action. 11. The following guidelines were approved by FPAC. If Part "A" or "B" of Accreditation is past due, the following will be enforced: • 45 days late - No Quota will be given for the next State level competition or in the case of Team Sports, a program will not be allowed to compete at upcoming competition. • 60 days late - In additional to not being able to compete at the next State level competition, the county would not be able to access shared monies portion of cash on hand in account. • 90 days late - In addition to the above, the county program's account will be frozen Minimum Standards for County Accreditation Administration • A County Coordinator/ or Active recruitment plan/process is in place. • Submits names of candidates for the position of County Coordinator for approval and final confirmation by the Vice President of Programs, Special Olympics Florida. • Counties with 100 athletes or less may combine the position of Competition Chair and Athlete & Coaches Education Chair. • Counties with 100 or less athletes should have a Competition/Athletes & Coaches Education, and a Finance Chair. • Counties with 101-250 athletes should have the following management team positions filled: Athlete/Coaches Training Chair, Competition Chair, Finance Chair and Fund Raising Chair. • Counties with 215-500 athletes should have 6 management team positions filled. These include the 4 above mentioned in addition to any 2 of the following based upon the county's needs: volunteers, outreach, families or public relations. • Counties with more than 500 athletes should have 8 management team positions filled. These include Athlete/Coaches Training Chair, Competition Chair, Finance Chair, Fund Raising Chair, Volunteer Chair, Outreach Chair, Families Chair and Public Relations Chair • Holds at least 4 County Management Team meetings annually. • Has a procedure for assisting families with securing medical screening to enable athletes to register. • Has a county annual plan with goals/strategies for outreach, training, competition, fund raising, public relations and volunteer management. • Completes and submits an Application for Accreditation and a Final Report as scheduled. • County Coordinator or designee and at least one other management team member or their designee attends Leadership Conference. • County Coordinator or designee attends a minimum of 4 of the scheduled Area meetings annually. • Communicates with families, agencies and registered training programs throughout the year on a regular basis (at least 4 times a year). • Has and distributes a draft calendar of events for the year beginning with the Leadership Conference • Has an answering machine or voice mail box and message identifies it as Special Olympics Florida • Submits Sectional and State Games Entry/Registration Forms by the established deadlines Athlete and Coaches Training • Records all Registered Training Programs by completing and submitting the Registered Training Program Form and submits to SOFZ with Accreditation • County ensures that the Athlete and Coach Training Chairperson becomes certified by SOP! within 12 months of appointment • Sends at least one person to the State Sports Conference held annually • Schedules coaches meetings 2 weeks prior to each season in which county participates • Sends coach to training_school or State or Area Special Olympics gkping school to ensure that coaches have certification opVgrWpity • An Application for Participation and Release Form is on file for each athlete prior to ftainm8 • A Partner Form is on file for each Unified Sports ® partner prior to training • Offers training in 2 sports in different seasons • Ensures athletes advancing to Area competition have been training at least 8 consecutive weeks prior to competition and must have several opportunities to compete (county games tournaments) during that period Programs sending athletes to sectional or state level competition must have at least one certified head coach per sport who could serve as a lead coach • Offers a range of training and competition opportunities to ensure athletes of all abilities have the opportunity to participate in Special Olympics • Offers Motor Activities Training Programs (MATP) where appropriate athletes have been identified • Offers one of the Unified Sports4D activities (Unified Sports®, Partners Clubs(t, Sports Partnerships) Competition • Counties having more than 250 athletes ensures that their Competition Director becomes certified by SOF within 12 months of appointment • Follows SOI, National Governing Body, and SOF Sports Rules when conducting competition • Conducts training for persons serving as officials • Counties with less than 100 athletes conducts one county competition per year and or coordinates competition opportunities with a nearby county if athlete population or facilities dictate • Counties with over 100 athletes should conduct county competition • Adheres to Criteria for Advancement to Higher Levels of Competition as outlined in the Special Olympics General and Sports Rules • Completes a Games Evaluation for each county competition, administered preferably by an evaluation committee as opposed to a single person. • Submits county and area competition counts for quota distribution Recruitment • Increases the number of registered athletes • Outreach plan targets urban, rural and indigenous populations • Involves athletes of various ages, and socioeconomic background Athlete Leadership • Includes athletes in administrative decisions, in committee work, on evaluation teams and in sports programs and as volunteers. Volunteers • Volunteers having contact with athletes are registered and screened. • The county is adhering to the SOI Volunteer Screening Policy. • Volunteer forms are on file in county. • Class C or "Day of Volunteers" (those not having continual contact with athletes) complete Sign In Sheets and show some form of identification at all events. • Conducts at least one M Volunteer Orientation (formerly known as a General Session) per year. Fundraising • Follows SOI General Rules for fund raising. • Follows SOF policies and guidelines for fundraising. • Submits Fundraising Approval and Reporting Forms in a timely fashion. • Fundraising efforts meet the annual budget needs. • Issues receipts and/or thank you letters to all contributors • Solicits charitable contributions in accordance with the regulations of the State of Florida, and the city or county in which the solicitation/fundraiser is conducted. Finance • Returns receipts by end of month for expenses • Uses purchase order forms and requests forms for larger agaWsitions. • Expends money in accordance with the bylaws and policies of Special Olympics Florida. • Quarterly SOARS reports, to include in -kind resources and services, are submitted in a timely fashion. • An annual budget is developed, approved by the management team, and submitted to SOFL for final approval prior to the budget year. • Returns an annual inventory form to Jayne Frye. Families • Conducts at least one family mailing (which could be included in an existing newsletter) • Recognizes families at County Competitions (family table, family ribbons, buttons, family seating, highlighted in opening ceremonies script) • Seeks family involvement Public Relations/ Public Awareness • Stationery, programs, newsletters, and printed material use the correct credit line and follow the style guide with use of logo as required • A Crisis Communication Plan is in place • A fact sheet describing Special Olympics and the county program is being used • Shows evidence of promoting Special Olympics in the county SOI Accreditation Criteria as it Relates to Counties & Where Information is Located • Minimum of two sports (sanction / county counts / census • Training Plan Accreditation Number of athletes (M & F) in each sport Census • Number of coaches (non & certified) in each sport Mdon's database) • Number of Unified Partners in each sport — census release forms • Number of athletes and coaches in MATP — census and Eldon • Number of Training Schools and General Sessions (dates/sites/#'s attend) — Phil's database • Number of mini conferences held (dates/sites/#'s attending, topics) Accreditation • Number of coaches meetings(Accreditation) • Officials training (dates/#'s) — Phil's database • Documents MATP and training days — census and Accreditation / Sanction • Documents Unified Sports® - census • Has outreach plan to reach urban, rural, poverty locations, indigenous populations and athletes of all ages and diverse by gender - Acc� ion • Can produce roster of each local registered training program and corresponding athlete application — census / registered training oro&ram file • Offers athletes the opportunity to participate on committees, serve as coaches, officials or volunteer elsewhere — Accreditation / census • Conducts evaluations of competitions — No where • Maintains a family mailing list - Accreditation • Actively recruits families to assist - Accreditation • Maintains accurate volunteer files - Accreditation • On -going training of volunteers — Accreditation / Phil's database • Conducts games/tournaments (at least one) — county counts / sanction • Submits schedule of all events for upcoming year — Accreditation • Management teams exist at sub -program level - Accreditation • Uses Special Olympics public education material to promote SO in the County - Accreditation • Has/uses one fact sheet - Accreditation • Has a crisis communication plan - Accreditation • Uses the logo and credit line correctly in all publications and written material- Accreditation • Program complies with State, County, and city regulations concerning charitable giving — fimd raising annroval form • Has an annual plan (training, competition, outreach, volunteers, fundraising) — Accreditation • SOI�Pr gram Information Profile - Accreditation ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPLICATION FOR FUNDING NON-PROFIT AGENCY COUNTY FISCAL YEAR 2010/11 (OCTOBER 1, 2010 - SEPTEMBER 30, 2011) SECTION IV OBJECTIVES AND PERFORMANCE MEASURES This Section must identify in narrative form the specific objectives of the project and how attainment of the objectives will be measured. Each objective must include: (1) The current level of performance; (2) The proposed change reflected as a rate, percent or other index and (3) An estimated time period for accomplishment of the objective. Start below (use continuation pages if necessary). The Co. Coordinator will continue the job of Special Olympics County Coordinator and assume all job responsibilities and job duties. 100% The Co. Coordinator position will start on the date of October 1, 2010 and continue until Sept 30, 2011. And will continue through the year of October 1, 2011 until Sept 30, 2012. The Co. Coordinator will keep (submitted on April 1, 2010) and meet all standards necessary for Special Olympics Florida's Accreditation. Accreditation packet is due every April 1, of the year. (April 1, 2011), (April 1, 2012). The Co. Coordinator will continue to serve Athletes with Training and Competition. October 1, 2010 and continue until Sept 30, 2011. And will continue through the year of October 1, 2011 until Sept 30, 2012. The Co. Coordinator will continue to recruit Athletes to build our numbers of athletes by 8% yearly. The Co. Coordinator with the help of the Volunteer Coordinator will continue to recruit volunteers to coach and assist with athletes.10% The co. coordinator will communicate effectively with Special Olympics Florida on an ongoing basis. miliiiiiiiiiiiiiiiiiiiiillill4ilille m,iiiiiiiiiiiiiiiiiiiillillilli�ililin �I rM�M�r41��4��l�r9i1�i11�rl1��11�y1 �I �MIIr1�tl�13Y�ia��d�tl�1i115��9l�a�lgq EMI MtlrI�M1rM11i�lYM�3�d�tl�Yr99�+�9dd3 �� �iMr�14�9��i���Y93tlllral�9ffi4eq�1� @II ��I�itlMIi�YI�IrYyymrll�Y�l1� 9111i 6�I ����yrMtl�ri�wdY1�9M�tl��drtl�M411�tl1 6�I rrrWitl���l4iiml6dMllydtl�ltlJ��6r1 � Ali �l�W�Y�1N19NgM�l14NY�1lYtl�irl���ll� 'M Hill fli . 40fin i", lag k ENURAL712,1R6 aE ��11��#i special Olympics Florida Si. Lucie C'oupty 1302 Virginia Ave Fort Pierce Fl. 34982 772462-1683 Fax 772462 2377 Email ? I__,, _ -' =... _ Web What is Special Olympics Special Olympics Florida, Founded in 1972, is an affiliate of Special Olympics Inc. headquartered in Washington D.C. Special Olympics Florida provides sports training and Olympic -style competition to more than 15,000 athletes with intellectual disabilities throughout the state. Special Olympics Florida is a Level I Accredited Program (highest level of accreditation granted by SOI) and is divided into eleven area programs, which cover over "-eight counties. Objective: Through successful sports training and competition, Special Olympics athletes develop physically, socially, and psychologically. The positive experiences that the athletes have in ongoing Special Olympics programs builds confidence and self-image, which carries over into all aspects of their lives. Training: Special Olympics Florida is founded on the philosophy that quality training is crucial to success in sports. Comprehensive year-round training and competition is available to every athlete, conducted by talented volunteer coaches. Training programs have been developed and implemented to improve athletes' overall physical fitness and sports -specific competence. Games: Special Olympics Florida offers ongoing training and a series of sports competitions held at each organizational level, culminating in State Games. The State Games feature Opening and Closing Ceremonies, the fighting of the Special Olympics "Flame of Hope," awards ceremonies and a variety ofsocial activities that are modeled after the Olympic Games. Over 200 county, area and state level games and tournaments are held each year in communities throughout the state. Participation: over 150 athletes 20 Certified Coaches 100 volunteers Sports: Official Fall Sports: Bowling, Softball, Official Summer Sports: Athletics, Bocce, Cycling, Football (soccer), and Volleyball Tournaments: Aquatics, Basketball, Equestrian Sports, Golf, ALPs: ALPs (Athlete Leadership Programs) Programs allow athletes to explore opportunities for Special Olympics participation in roles previously considered "non-traditional." Special Olympics Florida athletes are serving as board members, serving on local/area committees, hosting sessions at Leadership Conferences, serving as officials, serving as coaches, working as volunteers, anchoring television productions and Special Olympics Florida has an athlete on staff. Special Olympics Florida currently has twenty-nine Global Messengers: a self - advocacy program where athletes are trained in public speaking and raise public awareness about Special Olympics. Funding: Special Olympics Florida is a not -for -profit organization that is funded primarily through individual and corporate contributions. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPLICATION FOR FUNDING NON-PROFIT AGENCY COUNTY FISCAL YEAR 2010/11 (OCTOBER 1, 2010 - SEPTEMBER 30, 2011) SECTION V BUDGET INFORMATION (A) COUNTY FUNDING - CFY 2009/10 (October 1, 2009- SEPTEMBER 30, 2010) $0 REQUESTED COUNTY FUNDING -CFY 2010/11 (OCTOBER 1, 2010 - SEPTEMBER 30, 2011 $32,178.00 *REQUESTED S.O.STATE FUNDS $11,500.00 (OCTOBER 1, 2010 - SEPTEMBER 30, 2011 *REQUESTED A.D.P.FUNDS $20,040.00 JULY 1, 2010-JUNE 30, 2011 *TOTAL AGENCY BUDGET - CFY 2009/10 (OCTOBER 1, 2010- SEPTEMBER 30, 2011) $40,420.00 *TOTAL AGENCY INKIND AUGUST 1, 2010-JULY 31, 2011 $196,075.00 * (Refer to information below) *Total Agency Budget Amount is to include all requests for funding from other sources. Use this space to identify the sources and the amounts of funding requested wherein the award status is currently unknown. *Agency for Persons with Disabilities/Transportation Funds July 1, 2010 - June 30, 2011 *Publix Supermarket, Torch Run/Fund Raiser *Knights of Columbus/ tootsie roll Drive *Law Enforcement Motorcycle Run *Wal Mart Distributors Local Funding *Donations Cash *Special Olympics Florida M. $20,040.00 $10,000.00 $6,184.00 $1,156.00 $1,200.00 $953.00 $11,500.00 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPLICATION FOR FUNDING NON-PROFIT AGENCY COUNTY FISCAL YEAR 2010/11 (OCTOBER 1, 2010 - SEPTEMBER 30, 2011) SECTION V BUDGET INFOM41ATION PROJECT BUDGET SCHEDULE (B) This section must specifically identify the Project Budget Schedule. Prepare a line item budget. Start below (Use continuation pages if necessary). COUNTY BUDGET PLANNER for year 2010/2011 Acct Num Expenses ADMIN GAMES TRAINING 50400 Awards & Related - Athletes 435.00 50450 Banners & Signs 300.00 50850 Ceremonies, Entertainment, etc. 700.00 51500 Conferences & Meetings 200.00 200.00 51600 Consultants/Stipends Dues, Subscriptions, 51900 Memberships 50.00 51950 Education/Seminars 52220 Fees 53210 Insurance 53700 Lodging 54100 Meals 2,793.00 792.00 538.00 54400 Medical Staff & Supplies 200.00 55000 Newsletters 300.00 55150 Office Expense - Other Cleaning supplies, moving expenses etc 55200 Office Supplies 330.00 55400 Officials 176.00 55650 Other Activities 55670 Other Expenses Door Prizes 200.00 250.00 Communications 500.00 Decorations 700.00 Divisioning Equipment -other 450.00 Equipment -Sports 1,460.00 Games Evaluation 10.00 Honorariums 9 Refreshments - iceMater 100.00 300.00 Instructional Materials 100.00 Local Cordinator Benefits 11,500.00 Local Coordinator Salary 32,178.00 Temporary Help 56000 Postage & Shipping 13.00 18.00 90.00 56200 Printing & Publications 141.00 406.00 186.00 56400 Programs Games Souvenir 250.00 200.00 56550 Promotional Expense 150.00 56650 Recognition 660.00 56700 Recruitment 56720 Rental - Facilities 560.00 15,533.00 56740 Rental - Other/storage 1,300.00 Golf Carts Tents/tables/chairs 1,100.00 Rental Trucks Port-a-Jon's 56950 Shirts 250.00 84.00 1,272.00 57300 Telephone/Intemet 60.00 57920 Travel - Competitive Delegation Meals 1,909.00 Transportation 2,500.00 20,000.00 Lodging 58060 Uniforms 1,814.00 Total Expenses 54345 8765 40229 10 m J !n _o } o f.. N z 0 �} a 02 LL U Co F- 2 Q Om Q H UZ cn0 o_ L1 C rl u c W W S rn U) x F O f a 0 J MQ' O H W 2 Y a U) 5 LL W LU W tY O W S a a H J IL 2 O 0 W Q W J a O J W m Z g IL u W N WQ J AL U W H Q a C) u. O W W Q t� a IL G Z Q N W W Z W x W S N v Q x F� G7 J W W m Z W W 2 LL a� t M d D W V LL LL LL O W a W 2 Q� m W t] 2 W G H x �a tit Q' C Iu ui 5' Z �2 Q� VZ 0 ui O- H LL Z 0m t3 O J y W co V J W U 00w m } Q D W O m 2 D 0 U SPECIAL OLYMPICS FLORIDA, INC. COUNTY BUDGET WORKSHEET F TY: St. Lucie: 2010 COMPETITION EXPENSt UUMMAKT10' o•.•. • • -� TOTAL CASH TOTAL (N-KtND Area Games Host Ex nse Assessments - External r ionallnationallmvitational Awards & Related 304 Banners Ceremonies/Entertainment includes Olympic Villa 315 Meals 720 Medical Staff & Su lies Office Supplies Officials Other Activities Posta e & Shi in 369 Printing & Publications Promotion Recognition Rental - Facilities Area E uesman Arena 1,027 1,200 Rental - Other 609 Shirts 76 Travel - Meals State Games 1,735 7,800 Travel - Transportation 1,122 Travel - Lodging State Games 10,000 Uniforms 1.649 Other Games Expenses Games Assessments (provided by State) 19,000 TOTALS CARRY TO BUDGET SUMMARY 7,9261 TOTALS FROM GOMPE1111UN Wr 1PAL a%'ncuWL-=a nr%` -- •.. • •••.. • -•••^• FILL OUT COMPETITION DETAIL SCHEDULES BEFORE PREPARING THIS FORM. ESTIMATED GAMES ASSESSMENT AMOUNT WILL BE PROVIDED BY THE STATE OFFICE COMPETITION EXPENSE SUMMARY COP JAI ni --- r, r...,... COUNTY BUDGET WORK SHEET TRAINING EXPENSE SUMMARY UNTY: St. Lucie OAR: 2010 TOTAL CASE TOTAL I -MUD Assessments - External ionaUnationaVinvitationai Banners & Sins 10 [Cann.feirencesS& Meetin s 24 oultatl ends Dues, SubscriPtiOns, Membership Education/Seminars 57 Meals 488 Medicals - Athletes Medical Staff & Suppoes Office Supplies Officials 161 Other Activities Postage & Shipping 90 Printing & Publications 196 Promotion 5 Recognition 43 Recruitment Rental - Facilities, Stables,88 CoLws,Bowlin ,C irI Rental - Other 3,822 36,486 1,800 Shirts 11156 Travel - Competitive Delegation 561 Travel - Others Transportation to practices 20,040 Uniforms 185 Other Training Expenses 1,438 Volunteer Hour Q 20.25 per. Hour 44,226 TOTALS CARRY TO BUDGET SUMMARY Aurm MY!! mam u r 10.037 100 752 - - ..-...-••••• •• r. wow rye WmlueD TO THIS FORM. FILL OUT TRAINING DETAIL SCHEDULES BEFORE PREPARING THM FORM. TRAINING EXPENSE SUMMARY SPECIAL OLYMPICS FLORIDA, INC. COUNTY: St. Lucie COUNTY BUDGET WORKSHEET YEAR: 2010 AMOUNTS FROM OTHER EXPENSE DETAIL SCHEDULES ARE CARRIED TO THIS FORM. FILL OUT OTHER EXPENSE DETAIL SCHEDULES BEFORE PREPARING THIS FORM. PROGRAM OTHER EXPENSE SUMMARY COOrdlmt rs OQke from CO-!y — r roports) (0wse expenses appoar as XXX,XXXX7t-10 and XXX-)OCXXX- On YOU CASH R"IND 340 6,600 Auto Ex nses Background Checks Banners & Signs Conferences & Meetings Consultants/Sti rods 161 300 copier Maintenance & Su ies Dues, Subscriptions, Membershi s 35 Educatian/Sern 'rs Electric & Water aintenance 2,539 eals 37 :4—Newsletter ffice Expense 135 ffice Su ies 18 2 000 osta e & Shi irinti 1Z8 400 &Publications 128 Promotion 591 591 Recognition 29 Recruitment 1,892 Rental - Facilities 239 7,835 Rental -Office Shirts Tate honellntemet Travel - Other Cell Phone Other Program Ex ses Ph cats b Dr. Delnsr M0111,500 Chrfstmas P lven b AFL-CIO Coun Coordinators Sala Count Coordinators Benefits CONFERENCE ASSESSMKI S provided State Estimated Payroll Charges (Provided by State) Esdmated Depreciation (provided by State) TOTAL CARRY TO BUDGET SUMMARY 7,618 76,323 AMOUNTS OF ITEMS IN BLUE CELLS ARE PROVIDED BY STATE ACQUISITION OF CAPITAL ITEMS PLEASE UST PLANNED PURCHASES OR ANTICIPATED DONATIONS OF EQUIPMENT COSTING OVER $100 WHICH YOU WILL BE ABLE TO USE FOR SEVERAL YEARS. PURCHASE OF ANY INDIVIDUAL ITEM VALUED AT OVER $500 REQUIRES PRIOR APPROVAL FROM THE STATE OFFIUF- IN-KIND DESCRIPTION CASH (DONATED) answering machine with multi le mail boxes 300 TOTAL CARRY TO BUDGET SUMMARY 300 FILL OUT SUPPORTING WORKSHEETS FOR ACCOUNTS AS NEEDED. AMOUNTS FROM OTHER EXPENSE DETAIL SCHEDULES ARE CARRIED TO THIS FORM. FILL OUT OTHER EXPENSE DETAIL SCHEDULES BEFORE PREPARING THIS FORM. OTHER PROGRAM EXPENSES EQUIPMENT ACQUISITION FORM ST.LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPLICATION FOR FUNDING NON-PROFIT AGENCY COUNTY FISCAL YEAR 2010/11 (OCTOBER 1, 2010 - SEPTEMBER 30, 2011) SECTION V BUDGET INFORMATION BUDGET NARRATIVE; (C) This Section is to detail in narrative form how the requested County funds will be expended per line item as reported under the project budget schedule. Start below (use continuation pages if necessary) . County Funds will be use to support line 55650 Other Expenses under, Salary and Local Coordinator; SALARY: $32,178.00 Providing a office and equipment for Special Olympics St. Lucie County to have a home based out of the Parks & Recreation. In -Kind value: $19,195.00 11 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPLICATION FOR FUNDING NON-PROFIT AGENCY COUNTY FISCAL YEAR 2010/11 (OCTOBER 1, 2010 - SEPTEMBER 30, 2011) SECTION V BUDGET INFORMATION REVENUE (D) Complete the following items as indicated. Include all revenue/anticipated revenue. Use an * if funding has been requested and the award is currently unknown. Start below (use continuation pages if necessary). TOTAL AGENCY REVENUE - CFY 2009/10 -0- (OCTOBER 1, 2009 - SEPTEMBER 30, 2010) $ TOTAL ANTICIPATED AGENCY REVENUE - CFY 2010/11 32.178.00 (OCTOBER 1, 2010 - SEPTEMBER 30, 2011) $ Special Olympics Florida will fund $11, 500.00 1. FEDERAL GRANTS GRANT PERIOD $-0- AMOUNT 2. STATE GRANTS GRANT PERIOD $-0- AMOUNT 3. CASH DONATIONS/CONTRIBUTIONS/FUND RAISING/NON-PROFIT GRANTS FUNDING SOURCE Agency of People with Disabilities Publix Supermarkets fund raiser Knights of Columbus Contribution Wal - Mart Distribun Contribution Law Enforcement Motorcycle Run Donations Program Services In -kind Volunteer In - kind $44,226.00 County In - kind for current Space and equipment GRANT PERIOD July 1, 2010/June30, 2011 August 1, 201 ON my 31, 2011 August 1, 2010/July 31, 2011 August 1, 201ONuly 31, 2011 August 1, 2010/J my 31, 2011 August 1, 2010IJuly 31, 2011 AMOUNT $20,040.00 $10,000.00 $6,184.00 $1,250.00 $1,156.00 $953.00 $83,261.00 August 1, 201ONuly 31, 2011 $69,486.00 August 1, 201ONuly 31, 2011 August 1, 20101July 31, 2011 $19,195.00 In -Kind funds $132,907.00 Cash Donations $83,261.00 TOTAL $216,168.00 12 SPECIAL OLYMPICS FLORIDA, INC. COUNTY BUDGET WORKSHEET REVENUE SUMMARY COUNTY: St Lucie YEAR: 2010 CASH ONLY AMOUNT School/A enc Revenue 33 Donations - Corporate 1,242 Donations - Individuals Foundation & Trust 50 Donations - Groups & Clubs 6,184 Wal-Mart Donations 1,250 P & G Distribution military base commissaries American Legion Grants - Transportation Matching Gifts Merchandise/Concessions Federated Fundraising United Way) **'k FUND RAISING EVENTS (FROM WORKSHEET) Investment Income Other SHARED MONIES (PROVIDED BY STATE OFFICE) Shared /Co s & Lobsters 195 Shared /FSEC 18 Shared / Dail America 5 ------> Shared/License Tag 233 Shared/ Publix 9,180 6Shared/Allocated-Other 1,156 mTOTAL CARRY TO BUDGET SUMMARY 19,543 PLEASE FILL OUT SUPPORTING WORKSHEET(S) FOR FUND RAISING PROJECTS. FILL OUT SUPPORTING WORKSHEETS FOR OTHER ACCOUNTS AS NEEDED. REVENUE SUMMARY ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPLICATION FOR FUNDING NON-PROFIT AGENCY COUNTY FISCAL YEAR 2010/11 (OCTOBER 1, 2010 - SEPTEMBER 30, 2011) SECTION V BUDGET INFORMATION FORM 990 (E) Attach a copy of the Agency's form 990 Department of the Treasure Internal Revenue Service Return of Organization Exempt From Income Tax. (Number pages of Form 990 as 9-1, 9-2, etc.) 13 2 WMWAMW Ul HMM OW Mlb Or 93 WAMM ............ .. I ..................... 4 N~omilloods votingno,,im olftg",* bft(PMM.Wolb) .................... 5 TOW.ur6wotenwkWem(FWtV,%w2W ................................................ 6 TOW mwtw of vakr*ws (minmb 9 neegomy) ....... 7& Total Won mdabd kninm mvwm *om pM VNI. Um 12, alum (C) .................. b Net wr~ MjYH WXSW k=m from Fwm M-T, line 14 ........... ........... .............. 10 is 17 -.L4#400 -LE 0- 76 a CO*vxAiors and Qrs"tS (Put VNI. Him 118.......................................... 9 PIOMMI► S&vlC* Www (Part'AN, fine 2g) .......................................... If h-vslb-w blCul (Pad %nll.cDkww(M.lkus3,4,and 7c) .......................... 11 OVw mm" (P&I VNI, COMM (A), firm 5. Gd. Sc. 9c. Joe, and 11*) ................. 12 Total mwm - add —IkM 8 Uyugh I I (mud equal Pad Vill, cokom (A), Orw 12) ...... 13 Omb wW sknilar amms paid (pwt K cam 0), *WS 1.3) ....................... 14 Bwwft paid fm or for "Wims Tart IX, cdum W, *w 4) .......................... 15 Salaries, odw em"nulon, wnplwn benefits flon K cdu.. (A), line 5-10) ...... 164 PmfasWanW tm*abft fen (Part IX, cokxm (A), Im I Is) b TOW U*Nkft G*wms O'mt IX, cWwm (D), Im 25) 1- 1,275 17 Olw OPWOU Mot K OWUM (A). Una I la -I 1 d. I It-20) .......................... 18 TOINI 0308rmL Add Nrw 13.17 (must OqL'W Part lk colLffm (A), ins 25) .............. 19 MEMO ME OWWW". Subbld Hm 18 from &W 12 ................................. PdorYow cwmmybw 6,092,5-86.- 6,150,312. 339,674. 237.66�7 -.- 1,IO5,5-19. Is245,847. 7,610,039. 7.633.826. 1, 78 4. 584. 2, 031, 614. 4 4 7 ""'1 3, 655.158. 5 1 58_ 4 373 43 4.373,434. 7 02 6,679,026.1 '6. 17 6 947 783 6,947,783� 9 939.013. 0, 786,043, 21 TOW amok pDaa x. lko 16) ...................... .................................. 21 Tom *wwm obod X. orm 26) ................................................ n NO owr k1mm- SOW lift 21 *om!ft 20 ..................... 11,004,738.1 10,864,547. 302#638.1 083,287. 10,702, 00.1 9,981,260. sip Hm 107/20/09 ZOOK oft 00 ;I?-rl .8m even* Pr silent Pdd 6 0. 4 R116k Reeder CPA D ow 07/16 09 Chm* N o w. =PW Only Fwftwo(o Rooder a Associates,- PA v!wMjmMwpm&w b- 3339 W. Bearsp Avenue W-MO." , Tampa trr, 14,4910 FWP*AWAct wWPamwoo ftdmdlWACtHo&wides fw aepsale iaabsre8erre. TEZOMI . ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPLICATION FOR FUNDING NON-PROFIT AGENCY COUNTY FISCAL YEAR 2010/11 (OCTOBER 1, 2010 - SEPTEMBER 30, 2011) SECTION VI AGENCY STAFFING COMPLEMENT CFY 2009/10 CFY 2010/11 NUMBER OF NUMBER OF POSITION TITLE EMPLOYEES EMPLOYEES County Coordinator 1 1 TOTAL EMPLOYEES 1 14 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPLICATION FOR FUNDING NON-PROFIT AGENCY COUNTY FISCAL YEAR 2010/11 (OCTOBER 1, 2010 - SEPTM4BER 30, 2011) SECTION VII ORGANIZATIONAL CHART Provide an Organizational Chart If chart does not identify the names and positions held by the Board of Directors, include a separate list. County Coordinator Diana Mitchell 543 S E Euclid Lane Port St Lucie F1.34983 772-359-3312 Mitchelld@stlucieco.or Volunteer Chair Joan Milligan 412 NW Canterbury Court Port St Lucie F1.34983 772-342-5126 artiegirl@aol.com Athletes and Coaches Education Chair Lucia Berry 1817 Sandhill Crane Fort Pierce F1.34982 772-801-6396 berryl@stlucieco.org 15 Finance Chair Gail Simmons 1043 Trinidad Fort Pierce F1 772-332-6852 Gail.simmons@p ALPs Chair Ave. . 34982 arexusa.com Kristi Walsh 1992 SE Berkshire Blvd. Port St Lucie Fl. 34952 772-335-9267 Kristi.Walsh@chsfl.ora ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPLICATION FOR FUNDING NON-PROFIT AGENCY COUNTY FISCAL YEAR 2010/11 (OCTOBER 1, 2010 - SEPTEMBER 30, 2011) SECTION VIII STATEMENT OF ASSURANCES As a condition of receipt of County funds, the applicant must comply with the requirements of courts, local, state and federal laws, rules, regulations, and guidelines. As a part of the application and as a part of acceptance and use of County funds, the applicant agrees that: 1. It possesses legal authority to apply for the assistance, that the application has been approved by the applicant's governing body, including all assurances contained herein. 2. It will utilize County funds to provide a range of services and activities having measurable and potentially major impact on the community's mental and physical welfare needs. 3. It will submit copies of executed grant contracts when match funds are requested. in addition, the County will be advised of amendments and provide copies of each amendment to grant contracts. 4. It possesses the sound fiscal controls and fund accounting procedures necessary to assure the proper disbursal of an accounting for County funds. 5. It will permit and cooperate with county, state, and federal investigations designed to evaluate compliance with the law. 6. It will give the Board, the Clerk of the Circuit Court, or any authorized representative complete access to examine all records, books, papers, or documents related to the assistance. 7. It will, in accordance with Florida Statutes, comply with nondiscrimination provisions. 8. It will, in accordance with Florida Statute 119.07, comply with the provisions of public examination of records in regards to said funds. 9. it will attest, the application and its various sections, including budget data, are true and correct. Information contained in this application accurately reflects the activities of this agency and that the expenditures or portions thereof for which the County funds are being requested are not reimbursed by 16 ST. LOCIa COmPY APPLICATION COMM (OC'1�== 1, INSTRUCTIONS BOARD OF COUNTY COM11881OKIRs !OA ruwnV= bn0w-.PROFIT Aii wxzs FISCAL TZAR 2010/11 2010 - 30, 2011) COWI6te A (regnireaent for ALL kMlicants). A. 01'2'P8lMW OF FMQWIAL OFFIcM I an the Director of Finance of _Special Olympics Florida, Inc name of organisation) and, in this capacity, I will be responsible for providing financial services adequate to insure that establishment and maintenance of an accounting system for _S�ecial Olymmics 8t Lucie County (name of organisation) which is a non profit agency charged with carrying out a program(s) under County funding. The accounting systm will have internal controls adequate to safeguard the assets of such agency, and the accuracy and reliability of accounting data, Promote operating efficiency, and encourage cogpliance with prescribed management policies of the agency. _Special Olympics Florida, Inc (Name of Operation) -Silvia Vaga (Noma of Director of Finance) _6-10-10 {Date) Director of Finance) 16 352-243-9536 (Telephone Number) any other source. 10. Upon being awarded assistance, the applicant agrees to furnish a copy of the last audit performed in accordance with accepted accounting procedures. 11. An organizational chart of the Board of Directors and Administrators, including their names and offices or position held will be submitted as part of the application. 12. The application will become part of a contract between the Board and the Applicant. AGENCY AUTHORIZED OFFICIAL: Name: Diana Mitchell Title: County Coordinator Special Olympics St Lucie County Signature: ACUM .emu Ae�� Date: June 14, 2010 17 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Contract for Sale and Purchase Second Street Improvement Project Port of Fort Pierce Fishmonger Investors, L.L.C. Parcel ID No. 2403-341-0009-000/4 BACKGROUND: Please see attached Memorandum ITEM NO. VI-B-3 DATE: December 21, 2010 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: JoAnn Riley Property Acquisition Manager FUNDS AVAILABLE: Funds are available in: Port of Fort Pierce 2nd Street Improvements Account No. 140306-4315-561000-46502 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board accept the Contract for Sale and Purchase with Fishmonger Investors, L.L.C., 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: APPROVED [ ] OTHER Approved 5.0 0 - [x] County Attorney: V/ 1 Daniel McIntyre [x] Originating Dept: J'KiL JoAnn Riley CONCURRENCE: [ ] DENIED ----- Faye W. Outlaw, MPA County Administrator Review and Approvals ,-1 [ ] Engineering: [x] Public Works: `�� Michael Powley Don Wes S.'WCQ\WP`Janet\Port of Fort Pierce Entrance Road\FishmongerWgendampd PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: December 21, 2010 SUBJECT: Contract for Sale and Purchase Second Street Improvement Project Port of Fort Pierce Fishmonger Investors, L.L.C. Parcel ID No. 2403-341-0009-000/4 BACKGROUND: St. Lucie County has been working on the implementation of the Second Street Improvement Project since 2004. The project involves a partnership with the City of Fort Pierce, the State of Florida (FDOT), and the Florida Seaport Transportation and Economic Development (FSTED) grant. St. Lucie County received a grant for road improvements to North 2nd Street, the Entrance Road to the Port. The first phase of the grant is to acquire right-of-way and pond sites. We need three stormwater ponds for the surface drainage patterns. Fishmonger Investors, L.L.C. owns one of the three designated sites and is a willing seller. The County presented a Contract for Sale and Purchase to Fishmonger Investors, L.L.C. for $540,000.00 for two parcels consisting of 1.03 acres +/-. This offer was based on appraisals prepared by Fuller- Armfield-Wagner ($540,000.00) and Callaway & Price ($700,000.00). Fishmonger Investors, L.L.C. did not accept our offer. Vacant property in this area is very scarce and acquisition of stormwater ponds is essential to implementation of the project. County staff made a subsequent offer to Fishmonger Investors, L.L.C. for $450,000.00 for the corner parcel consisting of .56 acres +/-. This offer was based upon appraisals prepared by Callaway & Price ($425,000.00) and Fuller-Armfield-Wagner ($325,000.00). Fishmonger Investors, L.L.C. did not initially accept this offer. Fishmonger Investors, L.L.C. presented the County with a counteroffer of $563,483.64, for the corner parcel, with a lease back of $10 per year until construction begins, they would maintain the property, furnish the County with liability insurance and requested the first right of refusal to purchase the property back from the County, if not used for a stormwater pond. County staff informed Fishmonger Investors, L.L.C. that County staff could not recommend approval to the Board of County Commissioners. Fishmonger Investors, L.L.C. contacted County staff indicating they would be willing to accept our offer of $450,000.00 for the corner parcel and stated they are no longer interested in a lease back option. Callaway & Price stated $440,000.00 would be the top of their range of value. This would be a 1.02% increase over the Callaway & Price range of value. This contract would be 100% funded by Florida Seaport Transportation and Economic Development (FSTED) grant. Attached for your consideration and approval is a Contract for Sale and Purchase. Also attached is a Memorandum from Don West, Public Works Director regarding the project and his approval of the Contract with Fishmonger Investors, L.L.C. RECOMMENDATION: Staff recommends the Board accept the Contract for Sale and Purchase with Fishmonger Investors, L.L.C., 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, 4 a,,-, Ann Riley Property Acquisition Manager PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Don West, Public Works Director SUBJECT: Second Street Improvement Project, Port of Fort Pierce DATE: December 10, 2010 The County has been working on implementation of the Second Street Improvement Project since 2004. The project involves a partnership with the City of Fort Pierce, the State of Florida (FDOT), and the Florida Ports Council (FSTED). Second Street is the main entrance roadway into the Port of Fort Pierce. The project includes reconstruction of the roadway to provide water mains, sewer mains, stormwater collection system and stormwater detention ponds. Potential locations for stormwater detention ponds are limited, because most of the property surrounding Second Street is already developed. The current design contemplates three (3) pond locations, based upon the surface drainage patterns. Acquisition of the property for the proposed stormwater ponds is essential to implementation of the project. The attached contract is for purchase of the southernmost pond site, adjacent to the intersection of North Indian River Drive and Fisherman's Wharf. The proposed location is the only vacant property that is large enough to accommodate the pond, and the property is not encumbered with easements or restrictions on usage. Funding for purchase of this property is available through an existing grant that will expire on December 30, 2010. The cost will be funded 100% with the grant funds. Public Works Staff recommends approval of the attached contract for purchase of the pond site property for the Second Street Improvement Project, in the amount of $450,000. HILLIEIR P R O P E R T I E S 5500 Orange Ave., Ft. Pierce, FL 34947 (772) 489-2627 FROM THE DESK OF Joseph G. Miller 12/03/10 DEC - 4 201 L Total Cash Investment Mortgage Owed Total Fishmonger LLC $ 739,967.58 387,000.00 $1,i26,967.58 Divided by 2 parcels = $563,483.64 each Offer to Sell Parcel 1 to St. Lucie County for $563,483.64 cash Additional Terms: 1) County agrees to rent Parcel 1 back to Fishmonger LLC at $10 per year until construction begins. Tenant will maintain property and supply liability insurance. 2) St. Lucie County agrees Parcel 1 cannot be sold to any other entity, public or private, without notifying Fishmonger LLC and giving Fishmonger LLC opportunity for repurchase. 3) Sale of property must close by 12/20/2010. DISCLAIMER St. Lucie County makes no warranty, representation or guaranly as to the content, sequence. accuracy, timeliness, of completeness of any of the geodata information provided herein. The reader should not rely on the data provided herein for any reason. SI. Lucie County explicitly disclaims any representations and warranties, including. without limitation, the implied warranties of merchantability and Fitness for a particular purpose. SI. Lucie County shall assume no liability for: 1. Any errors, omissions, or inaccuracies in the inm foution provided regardless of how caused', or 2. Any decision made or action taken or not taken by any person in reliance upon any information or data furnished hereunder. s FISHMONGER INVESTORS, LLC w. F . S. . o 1 .AS F' ITT fff/// h 40 FISHERMANS WHARD t a Indian River Lagoon 2* �" �� ! �. .aL r adw r, .w o .. roe► k K � . --I # do .—AWffiL PROJECT NAME: Port of Fort Pierce Entrance Road PARCEL: Fishmonger Investors, LLC Parcel 2403-341-0009-000/4 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this day of , 2010, FISHMONGER INVESTORS LLC, a Florida limited liability company, whose mailing address is 2209 South 25T" Street Fort Pierce FL 34947hereinafter referred to as SELLER and, ST. UCIE 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 Four Hundred FiftyThousand and 00/100 Dollars, determined to be the total of the following: ($450,000.00) Real Property Parcel I.D. 2403-341-0009-000/4 $450,000.00 Other Improvements upon the Land (described, if any) NIA Other (describe) N/A 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, forobtaining a release, partial release orsubordination agreement upon 1 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 earlier that 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 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. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges 2 for the day of closing shall belong to and be borne by the SELLER. 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. The closing shall be on or before January/ 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 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 3 because of such default of SELLER. If PURCHASER fails to perform hereunder without fault of SELLER, all monies paid hereunder may be retained by SELLER as liquidated damages which shall be in lieu of all other remedies 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. 4 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 SELLER. 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 will 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) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, 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 shall 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 such 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 relieved from all 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 and/or 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 )0+-�- day of e"L,2 , 2010. 6 W ne s i ness STATE OF FLORIDA COUNTY OF ST. LUCIE FISHMONGER INVESTORS, LLC It's: /V V..y iN /i9 /�'IBEi� The foregoing instrument was acknowledged before me this 10+� - day of 2010, by It's +►.%c- of FISHMONGER INVESTORS, LLC, who is personally known to me or who has produced a drivers license issued within the last five years as identification. Sara 9i�� �*i, N6ta Public Alssro1v .y My Commission Expiretj adz g r4 ;:: o J a rJ �ia� I c. �% (Printed, Typed or Stampe p . #DD 832769 e� 9 •. , s : Q Name of Notary Public) STATE���`�\\ i �1C //1limill N�`,! EXECUTED by PURCHASER this day of ATTEST: DEPUTY CLERK 2010 BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS County Attorney 7 EXHIBIT "A" Parcel I.D. 2403-341-0009-000/4 A parcel of land in the South Half of Section 3, Township 35 south, Range 40 East, St. Lucie County, Florida, more particularly described as follows: Commencing at the Southeast corner of Second Street and Fisherman's Wharf, run South 89°04'46" East, along the Southerly right-of-way line of Fisherman's Wharf, a distance of 282.37 feet to the POINT OF BEGINNING; thence continue South 89`04'46: East, a distance of 121.03 feet; thence run South 18`28'50" East, a distance of 124.38 feet; thence run South 71 "34'30" West, a distance of 155.75 feet to the Easterly right-of-way line of Indian River Drive; thence run North 18"44'17" West, along the said Easterly right-of-way line of Indian River Drive, distance of 55.39 feet to the Point of Curvature of a curve concave to the Northeast; thence run Northerly along the said curve having a radius of 287.58 feet, a Delta Angle of 19`39'32" and an Arc Length of 98.67 feet, to the Point of Reverse Curvature of a curve concave to the Southeast; thence run Northeasterly along the said curve having a Radius of 20.00 feet, a Delta Angle of 90°00'00" and a Arc Length of 31.42 feet to the Point of Tangency of said curve and the POINT OF BEGINNING. 8 EXHIBIT "B" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES EXHIBIT "D OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS 11 Irp. FORT PIERCE/STUART 500 South U.S. Highway 1 Suite 107 Fort Pierce, FL 34950 Phone (772)464-8607 Fax (772)461-0809 Stuart Phone (772)287-3330 Fax (772)461-0809 Harry D. Gray, MAI, SRA St. Cert, Gen. REA RZ662 Stephen G. Neill, Jr., MAI St. Cert. Gen. REA RZ2480 WEST PALM BEACH 1639 Forum Place Suite 5 West Palm Beach, FL 33401 Phone (561)686-0333 Fax (561)686-3705 Michael R. Slade, MAI, SRA, CRE St. Cert. Gen. REA RZ116 Daniel A Hrabko, MAI St. Cert. Gen, REA RZ48 Stephen D. Shaw, MAI St. Cert. Gen. REA RZ1192 MELBOURNE/INDIALANTIC 114 6th Avenue, Suite 3 Indialantic, FL 32903 Phone (321)726-0970 Fax (321)726-0384 Curtis L. Phillips, MAI St. Cert. Gen. REA RZ2085 BOCA RATON Phone (561)998-8088 Fax (561)686-3705 Daniel A Hrabko, MAI St. Cert. Gen. REA RZ48 Callaway & Price, Inc. Real Estate Appraisers And Consultants Licensed Real Estate Brokers Please respond to Fort Pierce office E-Mail: infoOcallawayandprice.com December 6, 2010 DtC - 7 2010 Ms. Janet Licausi St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Ms. Licausi: We have been asked to provide an addenda letter regarding the Fee Simple Market Value of the property located at 25 Fisherman's Wharf, Fort Pierce, Florida. The Subject Property was previously appraised by our firm on September 16, 2010 as 1.02 acres. The client has now asked us to provide an addenda letter that indicates the Market Value of the Subject Property breaking the corner parcel away from the adjacent parcel. This would then make the property 0.56 acres, instead of the previously appraised 1.02 acres. Therefore, we have re -inspected the property and made a search for any new sales or listing data. Furthermore, we have re -addressed the prior comparable sales data used in the previous report and made the appropriate adjustments where necessary. This will allow us to .provide the Fee Simple Market Value for the corner parcel located at 25 Fisherman's Wharf by itself as of December 3, 2010. We have taken the necessary steps in order to analyze any value changes that may have occurred since the previous appraisal report. We utilized various public sites including Multiple Listing Services, Loopnet.com, Real Quest, both the St. Lucie and Martin County Property Appraiser sites, as well as conversations with local market participants and brokers knowledgeable in the market area. A thorough search revealed no new sales that would be considered relevant or comparable to the Subject Property. All the same comparable sales and/or listings utilized in the previous report remain relevant. Ms. Janet Licausi St. Lucie County December 6, 2010 It is important to note that the only change in value is reflected in the fact that the Subject Property is now smaller at 0.56 acres instead of the previously appraised 1.02 acres. It is very likely that the per square foot price would increase recognizing the economies of scale as smaller parcels typically sell for a higher unit price than larger parcels. Therefore, we have made the appropriate adjustments to the comparables used in a new sales chart as attached to this letter. Based on our adjustments, the per unit value range would now be best represented between $17.00 and $18.00 per square foot. This would be calculated as follows: 24,394 square feet X $17.00 per square foot = $414,698 24,394 square feet X $18.00 per square foot = $439,092 Rounded, $425,000 Thank you for the opportunity to be of service. If you have any questions, please contact me at the Fort Pierce office (772) 464-8607. Respectfully submitted, CALLAWAY & PRICE, INC. Harry D. Gray, MAI, SRA State -Certified General Real Estate Appraiser RZ662 ga7 i yAgmd Anthony D. Vercillo State -Certified General Real Estate Appraiser RZ2956 H DG/ADV/cic:10-63969-2 Attachments Daniel D. Fuller, MAI, SRA St. Cert. Gen. REA RZ567 120 N. Second St. Phone (772) 468-0787 Ft. Pierce, FL 34950 1-800-273-7364 FAW_app@bensouth.net Fax (772) 468-1103 2nd ADDENDUM Date: December 6, 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 FAW Appraisal 19178, Fishmonger ownership — located at southeast corner of Fisherman's Wharf and North 2"d Street, Fort Pierce, FL, appraisal date September 30, 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 the date of appraisal remains September 30 2010 and all Ordinary Limiting Conditions, Extraordinary Assumptions and Certification included in the reference appraisal are applicable to this addendum Since this addendum is an extension of the referenced appraisal, without the referenced appraisal the opinions expressed in this addendum may not be adequately understood. As per our phone conversation, I have reviewed the referenced appraisal to determine if the subject's is reduced to the "corner" 0.52 acre parcel does the value per square foot increase above my $12.00 per square foot opinion of value for the total 1.06 acre site appraised? The "corner' parcel is identified via Tax ID #2403-341-0009-000/4 with the Property Appraiser's legal description as follows: Section 3, Township 35 South, Range 40 East, FROM SE COR OF N 2 ST AND FISHERMAN'S WHARF RUN S 89 DEG 04 MIN 46 SEC E ALG FISHERMAN'S WHARF RNU 282.37 FT TO POB, TH CONT ELY ALG FISHERMAN'S WHARF R/W 121.03 FT, TH S 18 DEG 28 MIN 50 SEC E 124.38 FT, TH S 71 DEG 34 MIN 30 SEC W 155.75 FT TO ELY R/W LI OF INDIAN RIVER DR, TH N 18 DEG 44 MIN 17 SEC W ALG ELY RNV LI 53.39 FT TO CURVE CONC NE, R OF 287.58 FT, TH NLY ALG ARC 98.67 FT TO CURVE CONC SE, R OF 20 FT, TH NELY ALG ARC 31.42 FT TO POB- Per information you have provided, Mr. Ron Harris, the County Surveyor, reports the "corner' parcel is some 22,607 square feet or 0.52 acres in area. Upon review of features of the "corner" parcel, and my appraisal and the data analyzed, it is my opinion the "corner" parcel could sell for a premium say in the range of 20% higher than the total site, or say in the range of $14.40 per square foot. At $14.40 per square foot the total value for the "corner" parcel calculates to $325,540, rounded to $325,000, as an independent property. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-13-4 Date: December 21, 2010 Regular [ ] Public Hearing[ ] Consent[X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Sea Oats Subdivision - Request for Authorization to File Suit to Determine the Appropriate Disbursement of Security Deposit under Subdivision Improvements Agreement with Crimson Group, LLC BACKGROUND: See C.A. No. 10-1623 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize the County Attorney to file suit to determine the appropriate disbursement of the security deposit under the Subdivision Improvement Agreement with Crimson Group, LLC. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures County Attorney: �,Mgt. & Budget: Purchasing: Daniel 5�_#cI�tyre Originating Dept.: 4C. Growth Mgmt: Other Laurie Waldie Finance (Check for Copy only, if applicable): INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 10-1623 DATE: December 15, 2010 SUBJECT: Sea Oats Subdivision - Request for Authorization to File Suit to Determine the Appropriate Disbursement of Security Deposit under Subdivision Improvements Agreement with Crimson Group, LLC BACKGROUND: On October 3, 2003, the County entered into a Subdivision Improvement Agreement with Crimson Group, LLC, for the installation of utility improvements in the Anacostia Subdivision, n/k/a Sea Oats Subdivision, located on South Hutchinson Island. A copy of the agreement is attached. The agreement provided for the developer to complete construction of the improvements within twelve (12) months of the date of recording the plat for the project. As security for its obligations under the agreement, the developer was required to provide a security in the amount of twelve thousand and 00/100 dollars ($12,000.00) to be used by the County to construct the improvements in the event the developer failed to do so within the prescribed period. The plat was recorded on December 2, 2003. The developer began construction of the improvements, but it did not complete them and apparently abandoned the project. Earlier in the year, the County was approached by the Sea Oats Owners Association which intended to complete installation of the utility infrastructure in conjunction with the construction of a home on his lot in the subdivision. On August 28, 2010, the County entered into a Utilities Development Agreement which provided for the County to accept the improvements upon completion. The agreement also provided for the County to transfer the developer's portion of the security deposit to the Association upon completion of the construction as the Association had assumed responsibility for that work. The Association subsequently decided to maintain ownership of the improvements rather than turn them over to the County to manage. Accordingly, staff drafted an amendment to the Utilities Development Agreement which provided for the County to transfer the entire security deposit to the Association upon completion of the improvement. Prior to finalization of the amendment, staff was contacted by the attorney for the Crimson Group requesting that the security deposit be returned to his client. In light of the two conflicting claims for the funds, staff is recommending that the County deposit the funds in the court registry and file suit in order for the court to determine the proper disbursement of the funds. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners authorize the County Attorney to file suit to determine the appropriate disbursement of the security deposit under the Subdivision Improvement Agreement with Crimson Group, LLC. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Utilities Services Director L3- I (_ &S13. SUBDIVISION IMPROVEMENT AGREEMENT ,THIS SUBDIVISION IMPROVEMENT AGREEMENT, is entered into as of the day of 007 6 io C-k 2003, by and between CRIMSON GROUP, L.C., a Florida limited liability company qualified and authorized to do business in Florida (the "Developer"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County"). WITNESSETH: WHEREAS, the Developer is commencing proceedings to effect a subdivision of land in St. Lucie County; and WHEREAS, the Developer intends to record a certain plat of a subdivision in St. Lucie County Florida, to be known as Anacostia (the "Subdivision"); and WHEREAS, subdivision and platting ordinances of St. Lucie County establish procedures and standards for the development and subdivision of real estate and for the surveying and platting thereof, requiring the installation of certain improvements and providing penalties for violations among other things; and WHEREAS, a final plat of a subdivision within the unincorporated area of St. Lucie County shall not be recorded until the Developer has installed the required improvements or has guaranteed, to the satisfaction of the County, such improvements will be installed; and WHEREAS, the required improvements of the Subdivision are to be installed after recording of the plat under the guarantee posted with the County. NOW THEREFORE, in consideration of the intent and desire of the Developer as set forth herein, and to gain approval of St. Lucie County to record said plat, the Developer and County agree as follows: 1. COMPLETION OF REQUIRED IMPROVEMENTS/OWNERSHIP. The Developer agrees to satisfactorily complete the required improvements (the "Improvements") for the above -referenced development within twelve (12) months from and after the recording of the above -referenced plat, according to the construction plans approved by the County Engineer. The Improvements are more particularly set forth on those certain plans drawn by the Developer's engineers, Culpepper & Terpening, Inc., dated October 22, 2000. Upon completion, the ownership of the Improvements shall be conveyed to the County in accordance with Section 11.04.011 (2), St. Lucie County Land Development Code ("LDC"). 2. SECURITY. The Developer, in accordance with the requirements established by the St. Lucie County LDC, agrees to supply the County with security in a form acceptable to the County Attorney in the amount of V 2,000.00, representing 120% of the estimated cost of the Improvements as submitted by the Developer's engineer and approved by the County Engineer. 3. REDUCTION OF AMOUNT OF SECURITY. The amount of the security may be reduced once during the term of this Agreement upon the completion of a portion of the Improvements by the Developer and upon inspection and acceptance by the County. In no event, however, shall the amount of the security be less than one hundred percent (100%) of the cost of completing the remaining Improvements. P Twj-2000100.27 AmWKia%forms\Subdm%ion Improvement Agreement.doc Page 1 of 3 4. SUPERVISION OF CONSTRUCTION. The Improvements shall be constructed under the supervision of the Developer's engineer in full compliance with the specifications and requirements of St. Lucie County, and when complete, Developer's engineer shall furnish the County Engineer with a certificate of satisfactory completion for approval. S. FAILURE TO COMPLETE IMPROVEMENTS. It is further understood and agreed by and between the parties to this Agreement that, in the event Improvements are not constructed within twelve (12) months from the date of the recording of the above referenced plat, the County shall have and is hereby granted the right to cause the Improvement to be made and to use the security provided herewith for payment of all costs and expenses incurred in the construction thereof, including but not limited to, engineering, surveying, construction, legal and contingent costs. Furthermore, it is agreed by the parties hereto that County shall be reimbursed from the security provided for any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all of the provisions of this Agreement and the provisions of the LDC. In the event bf Developer's failure or refusal to construct and install the Improvements in accordance with the terms of this Agreement, the County shall have the option to do so, with County employees and equipment, or pursuant to public advertisement and receipt of bids. In the event that the total costs incurred in construction and full completion of the Improvements shall exceed the amount of security provided, such additional costs shall be paid by Developer on written demand by the County Engineer. In the event that the total costs incurred in construction and full completion of the Improvements shall be less than the amount of security provided, such excess security shall be returned to the Developer. 6. RELEASE OF SECURITY. Upon completion of construction of all Improvements, the Developer's engineer shall certify that the improvements have been constructed in accordance with the regulations set forth in the LDC. When the Improvements have been certified by the Developer's engineer, the County Engineer shall inspect the Improvements and review the construction and supporting test/control data furnished by the Developer's engineer. If all Improvements are completed to the satisfaction of the County Engineer, the County Engineer shall confirm this in writing to the St. Lucie County Board of County Commissioners. The Developer's security shall then be released in accordance with Section 11.04.01, LDC. 7. RECORDATION OF PLAT. Following execution of this Agreement by both parties and approval of the form of security by the County Attorney, the County agrees to record the plat of the above referenced Subdivision at such time as the plat complies with the subdivision and platting requirements set forth in Section 11.03.00, LDC. 8. INTERPRETATION; VENUE. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either parry 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. P Nruj-20W%00-27 AucosruVorms\Subdivision Insprovemem Agreemem.dot Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated below. The date of this Agreement shall be the date on which this Agreement is approved by the Board of County Commissioners. COUNTY: ATTEST: �pU W tr C BOARD OF COUNTY CO ISSIONERS f �•"x"' LUCIE COUNTY, F RIDA rr e t°l1 � COD WEa�� • kO Chairman �. 1&CIE .co��� . AS TO FORM AND ESS: _ .mil County Attorney Date: ///0 DEVELOPER: WITNESSES: CRIMSON GROUP, L.C., a Florida limited Iiabi ' comp By: Tint Name: G�f l Z*411 r Print Na � c, r . M' I CGq 1 t Its: Pri Name: pAj�i l Lt-a &+.t !; [Corporate Seal] P.%Proj•2D0=0-21 AmcostoVorms%Subdrvision Improvemem Agreemmt.doc Page 3 of 3 TCULPEPPER & 22 TERPENING, INC. August 11, 2003 VIA: HAND DELIVER Mr. Jack Mitchell Crimson North Group 8212 Kiawah Trace Port St. Lucie, FL 34986 RE: Anacostia Plat Recording Letter of Credit (Revised) Dear Jack: Consulting Engineers • Land Surveyors 2980 South 25th Street Ft. Pierce, FL 34981 (772) 464-3537 Fax (772) 464-9497 www.ci-eng.com Sender's Email: rladvkor ct-ene.com Job 00-27 Lj L i O&T — 7 20M MT Pursuant to your request, enclosed is a breakdown of the items, which at this time, remain incomplete, and in accordance with the St. Lucie County Land Development Code, a letter of credit or performance bond in the amount of 120% of the cost of the incomplete improvements must be filed with the County should you desire to record the record plat at this time. Based on our previous discussion, the items and associated costs for those components not yet constructed are as follows: Lift station completion $10,000 o Sub total $10,000 o 20% contingency $ 2,000 o Final Total $12,000 Please supply a performance bond or letter of credit drawn on a Florida institution in the amount of $12,000 in the name of St. Lucie County. Upon delivery of the surety instrument, we will submit the record plat to the county for recording. If there are any questions or comments regarding the above, please feel free to contact our office. Sincerely; CULPEPPER & TERPENING, INC. R chard M. Ladyko, P.E Vice President of Engine ' g PA?rn1-2000".27 Anawnn�cortUtrc10027-mnchNl-llLOoc ITEM NO. VI-C DATE: 12/21/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Don McLam SUBMITTED BY: Parks, Recreation and Facilities Facilities Coordinator County Administration SUBJECT: FEMA Severe Repetitive Loss Program BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001522, 001524, 001525-1930-561000-101601 — SRL Acquisitions 001522, 001526, 001528-1930-583000-100 — SRL General Government PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to: 1. Use County funding on a temporary basis to complete the approved SRL projects as outlined in the agenda memorandum. 2. Discontinue participation in the SRL and RL programs upon completion of current approved SRL projects_ COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED ( ) OTHER �— Approved 4-1 Faye W. Outlaw, MPA Comm. Mowery voting no. County Administrator Coordination/Signatures County Attorney (x) OMB Director ( x ) Budget Analyst Dan McIntyre Originating Dept:: (x ) Grants Debra Brisson P_ Mane Gouin Robert O'Sullivan (x) Gig-nK Menderson HAAGENDA 367 PARKS, RECREATION AND FACILITIES MEMORANDUM TO: Board of County Commissioners FROM: Parks, Recreation & Facilities County Administration DATE: December 21, 2010 SUBJECT: FEMA Severe Repetitive Loss Program ITEM NO. VI-C This item is a request for Board approval to advance County funds for the Severe Repetitive Loss (SRL) Program on the basis of being reimbursed from FEMA and authorization to discontinue participation in the SRL once the current projects are completed. History. The County's participation in the SRL Program dates back to May of 2008. By way of background, the SRL Program is a grant program funded by the Federal Emergency Management Agency (FEMA). It is managed through the Florida Division of Emergency Management (FLDEM) and is intended to mitigate the long-term risk of flood damage to residential properties insured under the National Flood Insurance Program (NFIP). An SRL property is defined as a residential property that is covered under an NFIP flood insurance policy and has at least four NFIP claim payments (including building and contents) over $5,000 each or for which at least two separate claim payments have been made with the cumulative amount of the building portion of such claims exceeding the market value of the structure. They can only apply for the program through their local government (city or county) and not through FEMA or FLDEM. The State is the Applicant and the County is the sub -applicant. There are also other programs for Repetitive Loss (RL) Properties which are defined as ones that have had at least two claims of $1,000 each paid by NFIP over a 10-year period since 1978. Homeowners who qualify for the grant program are notified by FEMA and directed to contact the County to apply. Repetitive Loss (RL) Properties are not covered by the SRL Program. When County staff initially brought this matter to the Board in May of 2008, the SRL Program was designed whereby the homeowners would front the project costs and receive a 90% reimbursement from FEMA. There were ten properties in St. Lucie County considered to be eligible for the SRL Program. County staff submitted eight applications. Six of which have been approved by FEMA and subsequent contracts have been executed between the County and FDEM and between the County and the homeowners, one application is pending and one application was withdrawn at the request of the homeowner. The projects costs range from $71,155 for elevation to $411,856 for demolition and acquisition. The remaining two property owners showed no interest in participating in the Program. However one of the properties was sold in September 2009 and the new owner has appeared before the Board and submitted letters to the County and Senator Bill Nelson pushing for inclusion in the Program. Over the course of the last two years, staff experienced major difficulties in implementing the SRL Program. The challenges associated with the Program were discussed in detail with the Board at the informal meeting on March 23, 2010 as outlined in the attached agenda memorandum, Exhibit A. The Board gave County staff direction not to submit additional applications for this Program until the current applications are closed out and an evaluation of the process occurs. In addition, as directed by the BOCC, the County Administrator submitted a letter to FEMA and the Congressional delegation regarding the County resources required to implement this FEMA program, attached as Exhibit B. Since staffs presentation at the March 2010 informal meeting, the SRL Program has run into a major setback in that the homeowners are not able to obtain bank loans to cover the entire project costs. In response to this situation, FEMA has approved the County's request for advance payments to cover approximately the first third of expenditures of all six applicants. When the advance payments are depleted and approved invoices submitted, an additional advance payment, in amounts generally amounting to a third of each project's cost, may be requested by the County. The homeowners are required to put their ten percent into an escrow account. Depending on turn -around time and receipt of the approved advance payment, County funds may be necessary to temporarily cover project costs until reimbursement is received. This is similar to how payments are made under the housing programs operated by the Housing & Community Services Department. Even though this is not unusual for reimbursement grants, this was not anticipated when the Program was presented to the BOCC in May of 2008. Therefore, staff is seeking BOCC approval to use County funds as needed on a temporary basis, contingent upon reimbursement by the grant. Advance payments will continue to be requested to minimize any use of County funds and no projects will be started until the homeowner has provided the County with the estimated 10% of project costs they are required to pay. Staff Recommendation: Staff recommends Board approval to: 1. Use County funding on a temporary basis to complete the approved SRL projects, as outlined in this agenda memorandum. 2. Discontinue participation in the SRL and RL Programs upon completion of the current approved SRL projects. As outlined in Exhibit A, the SRL Program requires a significant commitment of staff time and resources that cannot be sustained given the reduction in the workforce. The workforce has been further reduced since the March 2010 memo was issued due to the reorganization and budget cuts. Since the Board's direction at the March informal meeting, County staff has explored alternative strategies to operate the SRL and RL Programs. Staff looked into the option of subcontracting with an outside agency to run the Programs; such as Meridian Community Services, Inc. Meridian is the County's for -profit housing consultant and has the requisite experience to operate the SRL and RL Programs. However, under the scope of their current contract, these Programs cannot be included. Another option would be to issue a Request for Proposals and require all costs related to implementation be covered by the grant, with no use of County funds which is not thought to be financially feasible for an outside entity. Staff is working with FEMA to determine if there is another governmental entity that is using a subcontractor for these programs and whether we could piggyback on the contract. Staff recommends Board approval and authorization to proceed as outlined above. Exhibit A Grants/Disaster Recovery MEMORANDUM TO: Board of County Commissioners THROUGH: Lee Ann Lowery, Assistance County Administrato William Hoeffner, Grants/Disaster Recovery Director M m FROM: Roberta Breene Grants/Resource Developer DATE: March 18, 2010 SUBJECT: Severe Repetitive Loss Program — Overview and Update COPY TO: Faye Outlaw Background: The Severe Repetitive Loss (SRL) Pilot Program was designed to provide funding to reduce or eliminate the long-term risk of flood damage to severe repetitive loss structures insured under the National Flood Insurance Program (NFIP). Under various conditions and qualifications, the program will: • Elevate the structure • Acquire and relocate or demolish the structure. If acquired, the land must remain as open space in perpetuity and be maintained by a government entity. • Demolish and reconstruct the home Subject to the limitations imposed by the Benefit Cost Analysis (BCA) conducted on each property, FEMA would provide 90% of the cost, and the homeowner would be responsible for the remaining 10%. No County cash funds were to be required. If a homeowner decides to participate, receives a mitigation offer from FEMA and then chooses not to accept the offer, his flood insurance rates will increase. SRL Properties In Spring 2008, FEMA provided the County with a list of nine SRL properties, eight of which were within the unincorporated County and one within the City of Fort Pierce: • Three were in Venture III on South Hutchinson Island (one withdrew at a later date). • One was in Thumb Point on South Hutchison Island. • Four were near the confluence of Ten Mile Creek and Five Mile Creek. • One was in White City. The owner of the property in 2008 was non -responsive. However, the current owners (Irene -Eva Ries and Jacques Beumer) recently appeared before the Board seeking support for a new application. Eight applications for elevation mitigation were submitted in May 2008. The State is the Applicant through the Florida Department of Emergency Management (FLDEM), and the County is the Sub - applicant. If an award is offered, the County would then contract with each homeowner. Application Issues and Difficulties Encountered In addition to a plethora of smaller and individual issues, three identifiable events have delayed the application and review process: 1. Pre -Award Costs: FLDEM advised the County that no homeowner should have to pay any pre -award costs. However, the grant application required technical information, such as surveys, elevation certificates, engineering, elevation estimates, etc. that would have been more easily obtained through contracted services. Instead, Staff spent considerable time obtaining best estimates secured through research, calculations and multiple meetings with the homeowners and potential contractors. Note that, when the SRL Program became available in St. Lucie County, it became impossible to obtain estimates for elevation. Faced with close to 600 eligible SRL properties in the State of Florida, elevation contractors began to charge $1,000 each for an elevation estimate. To circumvent this obstacle, one local elevation contractor met with Staff and, based on his experience with similar homes in an adjacent county, helped construct relatively meaningful estimates. No County funds were expended. If a property owner were to receive an award, then more accurate estimates would have had to have been secured. 2. Process Delays: All eight applications initially requested funding for elevation mitigation of the properties, the first line of defense. FLDEM also had indicated that the mitigation method could be modified, if need be, at a later date. However, Tropical Storm Fay hit in August 2008, dealing the final blow to three of the eight properties. This changed the desired mitigation from elevation to acquisition and demolition for these three properties. A fourth property owner who was not interested in elevation was encouraged by FLDEM to re -submit for reconstruction mitigation. In the meantime, one applicant withdrew his application. However, FEMA prohibits modification to applications that are under review. Therefore, FLDEM advised Staff to resubmit the applications, but to wait until they actually had been awarded. All County applications, except one, were initially approved at a later date. The property that was not initially approved had been determined to be in a floodway as opposed to a flood plain, and FEMA does not fund mitigation elevation in a floodway. This property, which is one of the three that had been devastated by Tropical Storm Fay, was therefore, resubmitted for acquisition mitigation. This delay and resubmittal also provided Staff with the opportunity to request and receive $24,000 from the BOCC (5/26/09, Contingency) to "front" the cost of select required items to refine and replace the missing specified data. (Only $8,020 of the $24,000 was required.) If any project receives an award from FEMA, then the related County expenditures most likely would be reimbursed. In addition, by the time of the re -submittals, the elevation contractor knew that the projects were likely to be awarded and was able to provide, without charge, actual estimates for elevation... The three property owners, who were impacted by Tropical Storm Fay, have been out of their uninhabitable homes since August 18, 2008, awaiting word as to whether there will be an award under the SRL Program. There is no FEMA reimbursement for the costs these homeowners are incurring during this period, as this is a situation that the FEMA guidance did not anticipate. Those with a mortgage are continuing to pay a mortgage on an uninhabitable home while also paying rent to live elsewhere. Each property owner also is required to continue his flood insurance in order to be eligible for the SRL Program. Some have had their homeowner's 2 insurance cancelled, because no one is living in the home. One home has been burglarized. Community Services was able to provide some assistance to one eligible property owner. In addition, Mustard Seed Ministries, Inc. agreed to pay to reinstate the lapsed flood insurance of this same property owner in order to maintain the property owner's eligibility for the program. Mustard Seed is to be reimbursed at closing. 3. Staff changes at FLDEM Staff changes resulted in the loss or misplacement of data critical to one application. The data has now been located. However, changes in FEMA rules regarding BCAs effective January 1, 2010 have disallowed this data and may now cause this project to fail and the homeowner to be penalized Application Awards In Fall 2009, following notification of award, the three potential acquisition projects were resubmitted, three elevation applications were resubmitted with more accurate estimates, and one application was modified from elevation to demolition and reconstruction, as follows: Property Owner Mitigation Open Space Acres Estimated Project Cost 1 -Da Elevation $ 333,362 2 - De Elevation $ 71,154 3 - He Reconstruction $ 176,189 4 - Hi Acquisition 2.68 $ 411,856 5 - Ho Acquisition 0.94 $ 255,391 6 - Lo Elevation $ 212,747 7 - Sh Ac uisition 0.95 $ 318,260 Total 4.57 $1,778,959 One of these re -submittals (No. 5) was delayed until January 2090 due to lapsed flood insurance and other personal issues of the homeowner. All applications, except one, now have moved from FLDEM to FEMA. The first two acquisition projects (Nos. 4 and 7) have cleared FEMA review, as of January 25, 2010, entered the awarding stage and are waiting on the actual cash to give to the State to fund the projects. The application with the "disallowed data" (No. 3) remains on hold while County and FLDEM staff attempt to find a solution. The remaining four applications (Nos. 1, 2 5 and 6) have recently been forwarded from FLDEM to FEMA for review. County and Homeowner Responsibility If approved by FEMA, the homeowner would be responsible for negotiating and contracting for the construction services required. FEMA guidance does not allow the homeowner to perform the work himself. However, the homeowner would be advised to work very closely with the County to assure that all local and FEMA requirements are met, or risk submitting ineligible claims for reimbursement. The County would be responsible for project management of the acquisition, elevation, relocation, demolition or reconstruction of eligible structures. If the property becomes open space, the County will be responsible for land management. In addition, the County would be the fiscal agent for reimbursement. The property owners have been advised and are aware that they would be required to pay the contractors and then wait approximately six weeks for reimbursement from FLDEM. Only one (6-Lo) has indicated a concern. This property owner has spoken with a bank that was unwilling to commit until a signed contract was in place. When the property owner receives his cancelled check, he would submit the check and supporting paperwork to the County's Central Services Department. Central Services staff would verify the eligibility of the work performed and then forward the claim for reimbursement to FLDEM. Upon approval, FLDEM would pay the County, and the County would reimburse the homeowner for approved expenses less a 5% management fee. It is our understanding that this 5% is insufficient to cover the cost of contracting project management services from a private contractor. This understanding is based upon a conversation Staff had with a local home elevation contractor, who indicated that Martin County had explored hiring a contractor to handle a similar elevation project, and realized that they could not contract the project for the 5% allowable administrative cost. County staff time The following is an estimate of the amount of staff time required to complete the process and assume responsibility for the current seven SRL applications. Grants/Disaster Recovery Department Grant submittal, modification and resubmittal; Property owner meetings and coordination with FLDEM. o Estimated staff time, applications: 320 hours o Estimated staff time, resubmittals: 80 hours o Estimated staff time, meetings and ongoing: 104 hours/year x 2.5 yrs. = 260 hours For future applications, it is anticipated the time spent by Grants staff could be reduced by almost 33% given experience gained in the program and without the special problems caused by Tropical Storm Fay in the first group of applications. • Acquisitions Manage the closings for the three properties recommended for acquisition. o Estimated staff time: 10 hours/property x three properties = 30 man-hours • Environmental Resources Department Manage the three additional "open space" properties in perpetuity (4.57 acres). o Estimated staff time: 40 hours per year to supervise an inmate crew. ■ Properties will return to a natural state and require minimal maintenance. ■ To date, no decision has been made regarding the installation of fencing. Two of the properties are adjacent to an un-fenced existing preserve. • Central Services Manage the four elevation and reconstruction projects, including demolition and grading as needed, preparation of the reimbursement requests and quarterly reports. o Estimated project staff time: 340 man-hours. o Estimated reporttreimbursement time: 86 man-hours • The Office of Management and Budget and Finance Departments processing check requests o Estimated staff time: 40 man-hours total Total County staff man-hours (estimated) for seven SRL applications: 1,196 man-hours Estimated average cost per man-hour for professional staff, including benefits: $41.83 Total estimated staff cost for seven SRL applications, not including administrative oversight and management = $50,029 4 Re nests for Additional Applications for Severe Repetitive Loss (SRL) There are now four new SRL properties, three in the County and one in the City of Fort Pierce, that are eligible to apply in a future application. The identification process and notification of SRL property owners occurs as follows: 1. FEMA identifies SRL properties and notifies FLDEM. 2. FLDEM sends a letter to the property owner advising him of the program and to contact FLDEM with any questions and for further information. 3, When a property owner contacts FLDEM, he is referred to the St. Lucie County Grants/Disaster Recovery Department. The current owners of the SRL property which was non -responsive in the first group of SRL applications appeared at the BOCC meeting on March 2. Last summer, Ms. Irene Eva Ries met with staff to inquire about the SRL Program and indicated that she had been unaware of previous flooding problems with the property when she purchased it. On February 18, staff was contacted by an attorney representing Ms. Ries. The attorney asked when the next application period would be. After an inquiry to the FLDEM, staff responded that the 2009 cycle had been reopened, because there was an unknown amount of funding remaining, and that the next regular cycle would begin in June. FLDEM also provided a current list of SRL properties. The Ries property no longer appears on the SRL list, but does appear in another category of properties, Repetitive Loss (RL) properties. However, this change in category may be due to an error and is likely to result in the property being reinstated to the SRL list. Completed SRL Projects in Florida per FLDEM • There are no fully -completed SRL projects in Florida. o The period of performance for each project tends to be two to three years. • There were 27 Florida projects approved and awarded in 2008. o Seven of this 27 were in St. Lucie County. • There were five additional projects approved for the SRL 2009 funding year. • FEMA has no information as to when funding will become available. Repetitive Loss (RL) Properties Separate from the SRL properties, there are also Repetitive Loss (RL) properties. Although the County has not submitted any applications for RL properties, these properties are the second tier of mitigation projects. There are an estimated 150 RL properties in the County and the City of Fort Pierce. These property owners receive information in the same way SRL property owner are notified and several have contacted the Grants/Disaster Recovery Department. Anyone who has inquired about the program has been told that his name and property address will be logged, and that, if the County makes another application, the property will be considered for inclusion. Community Rating System (CRS) Consideration The National Flood Insurance Program's (NFIP) Community Rating System (CRS) is a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum NFIP requirements. As a result, flood insurance premium rates are discounted to reflect the reduced flood risk resulting from the community actions meeting the three goals of the CRS: 1. Reduce flood losses; 2. Facilitate accurate insurance rating; and 3. Promote the awareness of flood insurance Within the last two years, the County's CRS rating has improved from eight to six, partly as a result of the County's outreach program, which consists of a floodplain flyer in the annual TRIM notices. The outreach flyer includes flood -related information, including the promotion of the SRL and RL programs. We are currently researching what effect, if any, may result from discontinuing the promotion of these programs. Recommendation Staff recommends the following: 1. The Board write a letter to the County's legislative delegation recommending that the seven submitted applications be expedited and funded. The letter should also indicate the true cost of the program to the County and the impact on the CRS rating, if any. 2. The Board provide direction to staff in regard to future applications. In providing direction, it is requested that consideration be given to the following: a. If the Board wishes to participate in the SRL and RL programs, the following considerations are recommended: There potentially could be 4 additional applicants under the SRL program and 150 under the RL program. It is not known what percentage of these homeowners would elect to participate. Demands on the Grants Department's time will be significant, but less on a per application basis than the first seven applications, given the department's experience with the program. Central Services, Acquisitions, Environmental Resources, Office of Management and Budget and Finance Departments have managed similar projects but adding to department workloads with current staff and reductions likely in the near future could be a significant impact, particularly if the County becomes involved in the RL program. ■ Staff would recommend that the County allocate funding of $3,000 per property at the beginning of the application process for due diligence studies. These costs would be built into the application budget. If a property receives an award, these costs may be reimbursable to the County. If the award is not approved, the County funds would not be recoverable. ■ The decision as to the mitigation to be applied for under the grant (elevation, acquisition or reconstruction) is the County's. However, if a significant number of homeowners request and are approved for acquisition mitigation, the County could experience increased costs in having to own and maintain residential lots. 6 BOARD OF COUNTY COMMISSIONERS April 23, 2010 Mr. W. Craig Fugate ✓ Administrator Federal Emergency Management Agency 500 C Street S.W. Washington, D.C. 20472 Re: Severe Repetitive Loss Program Dear Mr. Fugate: Exhibit B COUNTY ADMINISTRATOR FAYE W. OUTLAW, MPA On behalf of the St. Lucie County Board of County Commissioners, I want to express our appreciation for the funding for FEMA's Severe Repetitive Loss (SRL) Pilot Program. Secondly, I want to provide meaningful feedback on the challenges St. Lucie County has faced in implementing the program for future consideration in the redesign of the Program. As I understand it, the SRL Program was designed to provide funding to reduce or eliminate the long-term risk of flood damage to severe repetitive loss structures insured under the National Flood Insurance Program (NFIP). Under various conditions and qualifications, the program will: • Elevate the structure • Acquire and relocate or demolish the structure. If acquired, the land must remain as open space in perpetuity and be maintained by a government entity. • Demolish and reconstruct the home The State is the Applicant through the Florida Department of Emergency Management (FLDEM), and the County is the Sub -applicant. St. Lucie County Experience Seven St. Lucie County property owners have been waiting for flood mitigation assistance since their applications to FEMA's Severe Repetitive Loss Program were submitted by St. Lucie County in May 2008. Subsequent to these applications, in August 2008, Tropical Storm Fay rendered three of these properties uninhabitable. For almost eighteen months, these property owners have been forced to rent other properties while they wait for a FEMA decision. After submitting the SRL grant applications during May 2008, it was not until February 2009 that a response was received from FEMA. It was determined that more detailed information was needed, and this included surveys, elevation certificates, construction drawings, itemized cost estimates, and specific information related each property. Due to the complexity of the information requested and special issues associated with each property, six of the applications could not be resubmitted until Fall 2009. Due to special issues involving another property owner, re -submittal of one application was delayed until January 2010. CHRIS DZADOVSKY, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. J • CHARLES GRANDE, District No. 4 • CHRIS CRAFT, District No. 5 Counry Administrotor - Faye W. Outlaw, MPA Page 2 April 23, 2010 On April 14, 2010, we received word that the first five of these seven applications have been approved. It is our understanding that one of the remaining applications is Undergoing FEMA review. The seventh application is with the FLDEM, but is undergoing some modifications by St. Lucie County_ Based on our experience, we strongly believe the goals of the Severe Repetitive Loss Program and its companion Repetitive Loss Program are undeniable worthy. However, we have determined that the grant requirements and the impacts on our staff and budget are too demanding to warrant our submitting additional applications at this time. Following are a few specific concerns: • FLDEM directed that the homeowner should not have to pay any costs in order to apply for the program. This led to lengthy delays and confusion while Staff attempted to estimate components that actually needed to be secured from the relevant professionals. Eventually, the County had to advance the funds to secure the necessary information and then resubmit modified applications based on the consultant recommendations. • There is no provision within the SRL Program to modify applications from elevation mitigation to acquisition mitigation when circumstances change, no modifications were allowed until the review and approval process had been completed for the initial elevation applications. This unnecessarily delayed the process. These homeowners essentially have been in limbo, unable to repair or sell their properties while they await the results of the lengthy review process. In addition, they have had to rent other properties, without recourse, for the last 18 months, and are still renting. • The review process itself is lengthy, and could benefit significantly from streamlining. We estimate the cost of County staff time to complete these seven projects from beginning to end will be $50,029. Even though administrative costs can be recovered, this is a significant drain on our resources which are likely to be further diminished as we are facing upcoming reductions in our staffing levels. • There may be a way to model this program after the Public Assistance Program that would remove the County from being the middleman — with the exception of approval or denial of applications for acquisition, given that the County would have to manage the open space. Under this model, the homeowner would be the sub - applicant rather than the County. Again, we appreciate your consideration of our input and want to thank you for your attention to this matter_ Sincerely, Faye W. Outlaw, MPA County Administrator Page 3 April 23, 2010 Copy to: St. Lucie County Board of County Commissioners Lee Ann Lowery, Assistant County Administrator Daniel McIntyre, County Attorney Sidney M. Melton Jr., Director of Public Assistance, Federal Emergency Management Agency Mr. David Halstead, Interim Director, State of Florida Division of Emergency Management Shemeeka Hopkins, Planning Manager, Florida Division of Emergency Management Paige Johnson, Planner IV, Mitigation, Florida Division of Emergency Management William Hoeffner, Grants/Disaster Recovery Director Roberta Breene, Grants/Resource Developer EXHIBIT C Severe Repetitive Loss Program -Approved Projects Property Location Mitigation Project Costs 1 Elevation $ 333,363.00 2 Elevation $ 71,155.00 3 Acquisition $ 411,856.20 4 Acquisition $ 255,391.50 5 Acquisition $ 318,260.25 6 Elevation $ 212,747.00 Pending Approval 7 Reconstruction $ 93,724.94 v C z Q1 o 0 00 o e-, Ln lD V) z, M cu c u x �� O i\ O O O O Lil O O O O O O � U U U LA 0J s.. .O Q E .00, O 00 M Ln O O O O v+ O u 4-- co of M � Ln 00 � m N Q a = c M O N .- CD C -00 @ LL N r CM r' C Or N 0�0 . Q u d L 64 619 64 64 69 N N 0 O O O to O cD N to 00 O M co LO Qaj N 00 r T- Ll) LOcli M M r N M ~ r N O) d O H 69 64 69 64 69 64 M O N CD r M LO Q 0)` cu C O CO N 00 M M N co `- LO M r N M cu i mN M N Q) E O H 2 64 64 69. 64 64 64 6% N 00 LO O O LO O Ln c i O N O 6 tV D CD coo O 0000 O O cM N M ci, N OM r 00 C LJJ LL. 64 64 64 64 64 64 64 c O O � N X O a) O a) O CE o a a� N = ao C _ a)_ 0 U 0 f0 fII +a Ln E� ao � E a EE 0 w 0 ..oy mE cN O O p m cO U O c m c m C m O N U O O F (U O •c m O •C O .c r= O O m O C O !n N ` L7 c c p wN. U c C Q C r_. c O 0 Q Q Q Q Q Q U Q L c c O c 0 c 0 c O .0 , u m O N c0 O O p u N r� +- C c� 7 Q U Q U p U > a) > O > 4] O U CD Q I Q Q W W W D i i i 64 Cn co ti O (O m w e- 69 O ti Cn 'Ct CD Q� �O e- 69 O v c0 N tn e- TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Parks, Recreation and Facilities MLK Dreamland Park AiPP Project See attached memorandum. 665-72101-567000-7310 (Works of Art) ITEM NO. VI-C2 DATE: 12/21 /10 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Mark DiMascio Division Manager PREVIOUS ACTION: See attached memorandum RECOMMENDATION: Board approval of the Arts in Public Places (AiPP) Committee recommendation to award the MILK Dreamland Park Interactive Water Feature AiPP project to Tile It of the Treasure Coast, Inc. as outlined in the agenda memorandum. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw MPA County Administrator Coordination/Signatures OMB County Attorney (X) '1:1� Af-- p S'�' Budget Analyst Daniel McIntyre Originating Dept. ( X) Purchasing De -bra Brisson (X) W h)(4 Marie Gouin Robert O'Sullivan II - Parks, Recreation and Facilities COUNTY _A&�l • P. I D A MEMORANDUM TO: Board of County Comm[ oners THROUGH: Debra Brisson, Director FROM: Mark DiMascio, Division Manager(-'�,, ) DATE: December 21, 2010 SUBJECT: MLK Dreamland Park AiPP Project ITEM NO. VI-C2 Background: On July 6, 1999, the Board of County Commissioners (BOCC) approved an ordinance to fund an Art in Public Places (AiPP) Program. On July 14, 2009, BOCC approved the AiPP Annual Plan for 2008 to 2009, which included $50,000 for a project at MLK/Dreamland Park. On July 12, 2010, the AiPP Committee approved the Call to Artists and a Selection Sub -committee for the project. On July 21, 2010, the County issued the Call to Artist. On August 18, 2010 a tour of the project area was held at MLK/Dreamland Park to discuss the project and answer questions from artists interested in submitting a proposal. On October 7, 2010 the AiPP Selection Sub -committee met to review three (3) proposals received by the County. Sub -Committee members were: • James Gibson, Representative of AiPP Committee Member • Desi Faraci, Art Professional and Principal • Rev. John Quarterman, Community Representative • Nick Mims, City of Ft. Pierce Representative • Debra Brisson, Parks, Recreation and Facilities Director After reviewing the three (3) proposals, the AiPP Selection Sub -committee met on December 13, 2010 and voted unanimously to recommend award of the MLK/Dreamland Park Interactive Water Feature AiPP Project to Tile It of the Treasure Coast, Inc. A copy of their written project proposal is attached. On December 16, 2010, the AiPP Committee met and voted unanimously to recommend to the BOCC award of the MLK/Dreamland Park Interactive Water Feature AiPP Project to Tile It of the Treasure Coast, Inc. Recommendation: Board approval of the Arts in Public Places (AiPP) Committee recommendation to award the MLK Dreamland Park Interactive Water Feature AiPP project to Tile It of the Treasure Coast, Inc. as outlined in this agenda memorandum. Tile it of the Treasure Coast. Inc 2321 SW Chestnut Lane Port St Lucie, FI 34953 772-336-1214 September 20, 2010 To: The Arts in Public Places I'd like to thank you for this opportunity to bid on this unique project. I'd like tell you about my work experience and how my skill could contribute to a successful project. I have over twenty five years' experience as a tile contractor in St Lucie county. started doing mosaic art for my customers and really became passionate in designing one of a kind projects. So with that said I am excited to take on this challenge on a project that is in my county. After researching splash parks on the internet and visiting others in the county. I noticed limited visual effects in the wet area itself , unless there were no children in the fountains and the water is off. Which of course is not the intention of having one. In my design I used the wet and dry area to include quotes from Dr. king's "I have a dream" speech that are to this day an inspiration. When the park is completed parents and grandparents with their children can walk around talking about that dream and how important Dr King is to America keeping his dream alive today. Thank you again for the honor to be considered for this piece of history. Sj rely ee z�4 Daryjg A Walke Owner / Installer Material list: • Absolute Black Granite • Thasso White Granite • Matte White Tile (non-skid) • 4'-5' Circular Bust (MLK) Glazed Matte Tile • Latticrete Hydro -ban waterproofing seals concrete IDPMO and ICC approved • Latticrete 254 Platinum thin set (white) exceeds Ansi Al 18.4 strength requirements inhibits the growth of stain causing mold and mildew with micro -ban and microbial protection • Latticrete spectral Pro Grout (white) exceeds AASI Al 18.3 never needs sealing, inhibit's the growth of mold and mildew Green guard certified All products for submerged applications with chemical introduction. Installation Outer Walkway: I will be the installer on the job of all products, I am a licensed flooring contractor with the State of Florida. I will be using the best products available for this project. Installation as follows: All areas where the granite is to be set will be sealed with the Hydro -ban waterproofing, sealing the concrete and helping guard against cracks. Installation of the quotes (4 sections) will be set and filled in one section at a time. The letters are 5/8' black absolute granite and the filler is 5/8 thasso white granite. The children will be out of 5/8" granite and marble representing the children of the world. Grouting with the Spectrolok Pro which never needs sealing (2) Installation of Spotlights 6t Bust Spotlights or lights to the mountain top ( natural direction of the fountain jets) will be tiled with the Matte White subway tile (non-skid) creating the illusion of the spotlights. Latticrete Hydro Ban waterproofing applied to the concrete sealing and guarding against cracks in the concrete. Setting of the tile in Latticrete 254 platinum thin set, grouting with Spectrolok, again never needs sealing. Bust on the mountain top (inner circle) is the center piece wilt be glazed fired tile with the likeness of Dr King baked on. This will be installed with Latticrete 254 platinum thin set and Spectrolok Pro grout which never needs to be sealed. All the mosaic and tile areas will be countersunk below the concrete ( to be set with the General Contractor). Any area not tiled of mosaic will be stained sky blue with light clouds representing Dr King is on the mountain top. (3) J Time Line: Weather permitting 2-4 weeks with no outside issues affecting installation. Working with a General Contractor's schedule and deadlines are what my company prides itself on. We will provide you with worker's compensation, insurance certificate and licenses upon acceptance of proposal. (4) I O-f aw, CU v m Ln � 0) U O vz o3 c N m C CLA N a) 3 o a NN rp CO to :0 ITEM NO. VI-D1 DATE: 12/21 /10 COUNTY • , AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Kara Wood SUBMITTED BY: Planning and Development Services Planning Manager Department SUBJECT: Permission to advertise — TVC Overlay Zone Land Development Regulations revisions BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: May 30, 2006 — Board adoption of Ordinance 06-017, TVC Overlay Zone Land Development Regulations. RECOMMENDATION: Board authorization to advertise public hearings for Ordinance 11-002, revisions to the TVC Overlay Zone Land Development Regulations, as outlined in the agenda memorandum. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney (X ) 11 Daniel S. McIntyre County Engineer ( ) Originating Dept. (X ) Michael Powley tet-f� Mark Satterlee Purchasing ( ) Melissa Simberlund CONCURRENCE: Faye W. Outlaw, MPA County Administrator iination/Signatures County Surveyor ERD 101-"T -1 ( ) Ron Harris Karen Smith O Marie Gouip Planning and Development Services Planning Division COUNTY F LORI D A TO: Board of County Commissioners THROUGH: Mark Satteriee, AICP. Director FROM: Kara Wood, Planning Manager DATE: December 21, 2010 MEMORANDUM SUBJECT: Permission to advertise — TVC Overlay Zone Land Development Regulations revisions ITEM NO. VI-D1 Backaround: ound: On May 30, 2006, the Board of County Commissioners adopted Ordinance 06-017, the TVC Overlay Zone Land Development Regulations (LDRs), to implement the TVC Comprehensive Plan Element. A number of revisions are now proposed to accomplish two general goals: 1. To clarify certain details that were not specked in the ordinance in its original form, and 2. to clarify the greater flexibility that the TVC Element in the Comprehensive Plan provides for owners of property with existing commercial zoning. The proposed changes are summarized as follows: • Add or correcting certain references to sections of the LDRs. • Add language to reinforce the retention of potential densities and intensities of the pre-existing Future Land Use prior to TVC. Staff understands this to be the effect of the TVC Element and the present Land Development Code, but this clarification will avoid any future misunderstandings. • Clarify the ability to place retail and workplace uses outside of Towns or Villages on property that already has commercial zoning and remove the requirement to change the zoning for such commercial development. • Remove the size limitation for a Retail Building Lot for property with existing Commercial General zoning. This is consistent with the current Code which authorizes the Board to deviate from lot size limitations, but this clarification will also help avoid any future misunderstandings. • Clarify that for properties with existing commercial zoning, both Mixed -Use and Retail Building Lots are permitted the same uses as permitted by such existing zoning. • Specify tree spacing distances for required streetscape improvements. • Restate criteria by which the Board of County Commissioners shall decide whether to modify standards through the planned development site plan process. These criteria are implicit in the current Plan and Code, but would be made explicit by this amendment. • Exempt the PRW zoning district from landscape buffer standards that internally segregate residential and non-residential uses. Board of County Commissioners NC Overlay Zone Land Development Regulations revisions December 21, 2010 Page 2 Recommendation Board authorization to advertise public hearings for Ordinance 11-002, revisions to the NC Overlay Zone Land Development Regulations, as outlined in the agenda memorandum. ITEM NO. VI-D2 DATE: 12/21 /10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Charlotte Lombar SUBMITTED BY: Planning & Development Services/Tourism Tourism Coordinator SUBJECT: Treasure Coast Sports Commission 2010/2011 1st Contract Amendment BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 611-5210-582000-500 Aid to Private Organizations PREVIOUS ACTION: October 13, 2009 — Board approval of the 2009/2010 Treasure Coast Sports Commission Bid Fees and Sponsorships contract in the amount of $150,000 September 28, 2010 — Board approved of the 2010/2011 Treasure Coast Sports Commission Bid Fees and Sponsorships contract in the amount of $75,000 RECOMMENDATION: Board approval of the 1st Amendment to the Treasure Coast Sports Commission (TCSC) 2010/2011 bid fees and sponsorship contract permitting the TCSC to retain $7,703 of unspent monies and authorization for the Chairman to sign the amendment to the contract as prepared by the County Attorney. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst D. McIntyre/K. Barbieri Originating Dept. ( ) C—*�— ERD ( ) M. Safterlee/C. 1-6eh bard 1 `1 M. Gouin/P. Marston n/a Planning & Development Services MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, Planning & Development Services Direct<� FROM: Charlotte Lombard Tourism DATE: December 21, 2010 SUBJECT: Treasure Coast Sports Commission 2010/2011 1st Contract Amendment ITEM NO. VI-D2 Background: The Treasure Coast Sports Commission (TCSC) has been promoting tourism in the County by attracting sporting events that provide measurable economic impact to the County since 1999. At the November 10, 2010 Tourist Development Council (TDC) meeting, the TDC unanimously recommended that $7,703 of unspent monies from the 2009/2010 bid fees and sponsorship contract be retained for use in the 2010/2011 bid fees and sponsorship contract (C10-09-474). These funds are generated from the tourist development tax. Total recommended funding to the TCSC for the 2010/2011 bid fees and sponsorship contract is $82,703. $75,000 — Bid fees and sponsorship contract 7,703 —Unspent funds $82,703 — Total Recommendation Board approval of the 1st Amendment to the Treasure Coast Sports Commission (TCSC) 2010/2011 bid fees and sponsorship contract permitting the TCSC to retain $7,703 of unspent monies and authorization for the Chairman to sign the amendment to the contract as prepared by the County Attorney. FIRST AMENDMENT TO SEPTEMBER 28, 2010 CONTRACT (BID FEES AND SPONSORSHIPS) (C10-09-474) THIS FIRST AMENDMENT, made this day of 2010, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and TREASURE COAST SPORTS COMMISSION, INC., or its successors, executors, administrators, and assigns hereinafter called the "Commission". WITNESSETH: WHEREAS, on September 28, 2010, the parties entered into a contract which provided for the County to disburse a grant in the total amount of seventy-five thousand and 00/100 dollars ($75,000.00) to the Commission to assist in its efforts to attract, stimulate and promote sporting events in St. Lucie County; and, WHEREAS, the Commission has seven thousand seven hundred three ($7,703.00) dollars unspent from the FY 2009/2010 Contract; and, WHEREAS, the parties have determined it would be more effective for the Commission to retain the unspent monies to use for bid fees for FY2010/2011, then return the monies to the County. IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: Paragraph 1 of the Contract is hereby amended to read as follows: The County shall disperse to the Recipient a grant in the total amount of seventy-five thousand and 00/100 dollars ($75,000). The County shall reimburse the Recipient's sports event bid fees in accordance with the following schedule: October 15, 2010 $20,000 January 15, 2011 $40,000 April 15, 2011 $15,000 The Commission shall be permitted to retain unspent FY 2009/2010 Grant monies in the amount of seven thousand seven hundred three ($7703.00) dollars to be used for FY 2010/2011 Bid Fees and Sponsorships for events that are not previously scheduled/committed to come to St. Lucie County. S:\ATTY\AG REEMNT\CONTRACT\tcscperformancegrantl0-la.wpd The Recipient shall submit a written report on each event funded by the grant to Tourism Development Manager within thirty (30) days after the completion of the events written report. The report on the event(s) funded by the grant shall include, but not be limited to, the number of attendees at the event, a list of hotels and/or other accommodations used by participants and attendees at the event, the number of room nights generated by the event and a copy of the brochure, flyer or poster used to market the event. 2. Paragraph 2 of the Contract is hereby amended to read as follows: 2. The Recipient shall only expend grant monies towards bid fees and sponsorships for new events that have not been previously scheduled and/or committed to St. Lucie County and will be held in St. Lucie County based on the number of attendees at the event, hotels and/or other accommodations used by participants and attendees at the event, and room nights generated. 3. Except as amended herein, the remaining terms and conditions of the September 28, 2010 Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: DEPUTY CLERK WITNESSES: S:\ATTY\AGREEMNT\CONTRACT\tcscperformancegrantIO-la.wpd BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY TREASURE COAST SPORTS COMMISSION By: _ Name: Title: 2 ST. LUCIE COUNTY TOURIST DEVELOPMENT COUNCIL MEETING Wednesday November 10, 2010 012:30 P.M. MINUTES Members present: Commissioner Chris Dzadovsky, Chairman Councilwoman Linda Bartz, City of Port St Lucie Commissioner Tom Perona, City of Fort Pierce Michelle Valvano, Perfect Drive Golf Villas Marilyn Minix, Road Runner Travel Resort Pam Haney, Holiday Inn Express Jill Hanson, Residence Inn by Marriott Chris Egan Vistana's Beach Club — Sheraton PGA Members absent: Paul Taglieri, St. Lucie Mets Staff present: Charlotte Lombard, Tourism Development Manager Katherine Barbieri, Assistant County Attorney Jennifer Garrity, Recording Secretary Also present: Loretta Milian, St. Lucie County Chamber of Commerce George Byfield, Comet Creative Laura Thomas, Homewood Suites Jeff Michael, HGI, PGA Village Paul Schall, German Marketing of the Treasure Coast Craig Mundt, UDT-SEAL Museum Jack Connolly, Arts in Public Places Maria Bordonaro, Club Med Tom Colucci, Treasure Coast Sports Commission Rich Nalbandian, Treasure Coast Sports Commission 1. CALL TO ORDER: Commissioner Dzadovsky called the meeting to order at 12:36 PM. 2. ROLL CALL: Jennifer Garrity called roll. 3. SELF INTRODUCTION OF GUESTS: Attending guests identified themselves. 4. APPROVAL OF MINUTES The minutes from October 13, 2010 were approved unanimously. Tourist Development Council Meeting 0 November 10, 2010 5. FINANCIAL a. Charlotte Lombard reported that the September 2010 numbers were $98,981.00, which is up 20% from September 2009. Numbers are up 4% year to date from this time last year. b. P & L report was passed out to the TDC members. Report attached. 6. TREASURE COAST SPORTS COMMISSION ANNUAL WRAP-UP Tom Colucci gave a presentation on the sporting events that took place in 2010 and future events for 2011. Presentation attached. Mr. Colucci requested a modification to the original contract in regards to funds that were not used. Mr. Colucci has a $7,703.00 balance that would, per the contract, be returned to St. Lucie County. Mr. Colucci requested to retain the funds for use in next year's bids and sponsorship fees to bring sporting events to the county. Chris Egan was in favor of making a motion for the Treasure Coast Sports Commission to rollover the bid and sponsorship balance to upcoming events for 2011. Tom Perona seconded the motion. Motion approved unanimously. Katherine Barbieri, Assistant County Attorney would look into contract to make sure that this motion can be accepted. 7. SPECIAL EVENTS FOLLOW UP REPORTS Craig Mundt gave a brief summary of the 2010 Muster Event that took place at the UDT SEAL Museum the first weekend of November. 8. PUBLIC COMMENT No public comment. 9. ADJOURNMENT The meeting adjourned at 1:34 P.M. Page 2 of 2 FY 2010/2011 GRANT CONTRACT (Bid Fees and Sponsorships) THIS CONTRACT, made this 3� day off; 2010, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and TREASURE COAST SPORTS COMMISSION, INC., a Florida not -for -profit corporation, or its successors, executors, administrators, and assigns, hereinafter called the "Recipient". IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Recipient a grant in the total amount of seventy-five thousand and 00/100 dollars ($75,000). The County shall reimburse the Recipient's sports event bid fees in accordance with the following schedule: October 15, 2010 $20,000 January 15, 2011 $40,000 April 15, 2011 $15,000 lim�.ted to, the= number* of ttendees�at= the- event; 'a 'list~=af ho#e.ls and/�rr:;otherr xuc ammo io s used by_= art cipants and attendees.at #he�vent;,th_ e.-number df°-room'itigK`ts , ,gepe-rya#ed0y she eyent�,.gnO a>eopy of�the=brochure #iyer°6i-P6sfierlifsed° o narkef the'ev' Fit 2. The Recipient shall expend grant monies towards bid fees and sponsorships of events within St. Lucie County based on the number of attendees at the event, hotels and/or other accommodations used by participants and attendees at the event, and room nights generated. 3. The Recipient shall have internal fiscal controls adequate to safeguard the grant funds. 4. If the grant cannot be used or a subsequent audit reveals the grant was not used according to this Contract, any money not used shall be reimbursed to the County. 5. The Recipient shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of the grant. In the alternative and subject to the prior 5:\A7TY\AS4zEEMNT\CONTRACT\tcsc-bidfees-sponsorships-1l.wpd —1 written approval of the County Management and Budget Director, the Recipient may submit qualifying paid invoices in lieu of a certified audit. The Recipient shall submit all documents required under this paragraph within ninety (90) days after the end of its current fiscal year. b. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of funds. 7. The Recipient agrees to fully indemnify and hold harmless the County, its officers, employees, and agents of and from all liabilities, damages, claims, recoveries, costs and expense in any way arising out of the receipt or expenditure of these monies. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications issued by the Recipient shall include the following statement: "Sponsored in part by the St. Lucie County Board of County Commissioners and the St. Lucie County Tourist Development Council". In the alternative, Recipient shall use the Tourist Development Council's logo, subject to prior approval of the St. Lucie County Tourism Marketing and Public Relations Specialist. 10. Either party may terminate this Contract with or without cause upon thirty (30) days written notice to the other provided however the Recipient shall reimburse the County for all unexpended funds or funds expended in conflict with Recipient's application, as of the date of the termination notice. 11. Any notice shall be in writing and sent registered or certif ied mail, postage and charges prepaid, and addressed to the parties at the following addresses: To the County: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 With a Copy to: St. Lucie County Attorney Administration Annex 5:\ATTY\A6REEMNT\COt4MACT\tcsc-bidfees-sponsorships-ll.wpd -2- 2300 Virginia Ave., 3" Floor Fort Pierce, FL 34982 To the Recipient: Treasure Coast Sports Commission, Inc. Tradition Field Sports Complex 527 NW Peacock Boulevard Port St. Lucie, Florida 34986 12. No amendment, modification or waiver of this Contract shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for contract modification, Recipient agrees to use said forms. 13. Except as otherwise provided, this Contract shall be binding upon and shall insure to the benefit of the parties. 14. This Contract embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Contract shall supercede all previous communications, representations or agreements, either verbal or written, between parties hereto. 15. 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 Contract, 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 the execution by their duly authorized officials alpLtte day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ' ST. LUCIE COUNTY, FLORIDA DEPUY/ CLERK CHAIRMAN,-) Ile DATE: -3- S:\ATTY\AGREEMNT\CONTRACT\test-bidfers-sponsorships-Il.wpd ATTEST: SECRETARY APPROVED AS TO FORM AND CORRFCTNESS: COUNTY A r TREASURE COAST SPORTS COMMISSION, INC. BY: SI DATE: q ? Iv S:\ATTY\A6REEMNT\CONTRACT\tcsc-bidfees-spmsorships-Il.wpd -4- �,. ITEM NO. VI -Ell DATE: 12/21 /10 iCOUNTY AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jessica Parris SUBMITTED BY: Housing and Community Services/Housing Housing M ag SUBJECT: HOME Investment Partnership Agreement Amendment BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 189103-5420-331510-500 — FY 10 HOME Consortium PREVIOUS ACTION: November 9, 2010 — FY 10 HOME Agreement approved. RECOMMENDATION: Board acceptance of the FY 10 grant agreement amendment for the HOME Investment Partnership Program, as outlined in the agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (>c) APPROVED ( ) ( ) OTHER Approved 5.0 County Attorney ( ) Originating Dept. ( ) CONCURRENCE: DENIED Faye W. Outlaw, MPA County Administrator Coordination/Signatures Daniel S. McIntyre V Beth Ryder OMB Director ( ) 1 Budget Analyst YI Marie Gouin Sophia Holt _ Housing and Community Services �COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Jessica Parrish, Housing Manage DATE: December 21, 2010 SUBJECT: HOME Investment Partnership Agreement Amendment ITEM NO. VI — E1 Background: HOME is the largest Federal block grant provided to state and local governments designed exclusively to create affordable housing for low-income households. Each year approximately $2 billion is allocated to states and hundreds of localities nationwide. As of October 1, 2010, all new grant agreements between the United States Department of Housing and Urban Development (HUD) and grantees are required to include award terms established by the Federal Office of Management and Budget (OMB). The award terms set forth uniform requirements for all Federal financial assistance recipients and subrecipients concerning the Dun and Bradstreet Data Universal Numbering System (DUNS), the Central Contractor Registration (CCR) database and the Federal Funding Accountability and Transparency Act. On November 9, 2010, the Board approved the FY 10 HOME Agreement generated by HUD. HUD failed to incorporate the new required award terms and has requested an amendment to the approved agreement. The grant agreement amendment is retroactively effective as of October 12, 2010. Recommendation Board acceptance of the FY 10 grant agreement amendment for the HOME Investment Partnership Program, as outlined in the agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Email from HUD FY 10/11 HOME Program Grant Agreement Number M10-DC120234 Amendment Jessica Parrish From: Lopez, Larry M [Lary.M.Lopez@hud.gov] Sent: Tuesday, December 07, 2010 3:43 PM To: Jessica Parrish Cc: Green, Floretta W Subject: St. Lucie County—FY2010 Grant Agreement Amendment(s) for HOME Attachments: St. Lucie County_HOME-FY10.docx Dear Jessica: As of October 1, 2010, all new grant agreements between HUD and grantees are required to include award terms established by the Office of Management and Budget (OMB). The award terms set forth uniform requirements for all Federal financial assistance recipients and subrecipients concerning the Dun and Bradstreet Data Universal Numbering System (DUNS), the Central Contractor Registration (CCR) database and the Federal Funding Accountability and Transparency Act. The following FY2010 grant agreement(s) failed to incorporate these required award terms. 1. HOME Program Grant Agreement Number M10-DC120234 in the amount of $710,386 Thus, attached you will find a grant agreement amendment that will bring your grant agreement into compliance with the new OMB requirements. Please print and have the authorized representative sign four original copies of the amendment and return all four to the address listed below. U.S. Department of Housing and Urban Development Office of Community Planning and Development Attn: Gary Causey, CPD Director 400 West Bay Street; Suite 1015 Jacksonville, Florida 32202 As soon as we receive the amendments, we will continue to process your grant agreement. At that time, HUD will return to you the original executed grant agreement if you have not yet received it and a copy of the original executed amendment to the grant agreement. If you have questions, please contact your CPD Representative. Thank you! Regards, 4 11 11: CTtD gZfprrsentative v.S a)epartment of Moumng and V r6an q)everopment (VV D) Offwe of Community PPfanning and Development (CIPD) 400 West Bay Street, Suite 1015 Jacksonville, Florida 32202 n (904) 208-6008 (904) 232-3617 FY/PY 2010/2011 HOME Program GRANT AGREEMENT NUMBER M10-DC120234 AMENDMENT This AMENDMENT is made and entered into, by and between the Department of Urban Housing (HUD) and St. Lucie County (GRANTEE), WHEREAS, HUD and the GRANTEE have entered into the CDBG Grant Agreement, executed by the GRANTEE on November 9, 2010, and by HUD on October 12, 2010 (GRANT AGREEMENT); WHEREAS, the United States Office of Management and Budget (OMB) has required all grant agreements executed on or after October 1, 2010 to include award terms, which set forth uniform requirements concerning the Duns and Bradstreet Data Universal Numbering System (DUNS), the Central Contractor Registration (CCR) database and the Federal Funding Accountability and Transparency Act; WHEREAS, said Grant Agreement did not contain the award terms established by OMB; WHEREAS, HUD and the GRANTEE now desire to amend the GRANT AGREEMENT in order to incorporate the award terms established by OMB; NOW, THEREFORE, in consideration of the promises and mutual covenants set forth in the GRANT AGREEMENT and in this AMENDMENT, HUD and the GRANTEE agree that the GRANT AGREEMENT is now amended to include the following provision, effective as of October 12, 2010. The Grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS), the Central Contractor Registration (CCR) database, and the Federal Funding Accountability and Transparency Act, as set forth in Appendix A to Part 25—Award Term, Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010) (to be codified at 2 CFR part 25), and Appendix A to Part 170—Award Term, Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010) (to be codified at 2 CFR part 170). IN WITNESS WHEREOF, HUD and the GRANTEE, each acting through its duly authorized representatives, have executed this AMENDMENT as of the date of the last signature below and agree that the GRANT AGREEMENT, as amended by this AMENDMENT, continues in full force and effect. U.S. Department of Housing St. Lucie County and Urban Development Gary A. Causey, CPD Director AUTHORIZED TO SIGN ON BEHALF OF HUD Date Authorized Signature Title Date '► ITEM NO. VI-E2 — - DATE: 12/21/10 'COUNTY • I D A AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B Jessica Parris SUBMITTED BY: Housing and Community Services/Housing Housing Ma age SUBJECT: Budget Resolution 10-320 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 185099-0000-361390-000 — FHFC Repayments PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Budget Resolution 10-320, as outlined in the agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) f OMB Director Budget Analyst Daniel S. McIntyre Originating Dept. ( ) ' P` Beth Ryder Marie Gouin Sophia Holt CouN-ry F L O R t D A TO: Board of County Commissioners THROUGH: Beth Ryder, Director C0 6-7 FROM: Jessica Parrish, Housing Manag DATE: December 21, 2010 1, SUBJECT: Budget Resolution 10-320 ITEM NO. VI — E2 Background: Housing and Community Services MEMORANDUM St. Lucie County allocated Madison Cay, Ltd. $2,000,000 from the Hurricane Housing Recovery (HHR) Program for the construction of an affordable rental development. The $2,000,000 was provided as a mortgage with repayment beginning 24 months after completion, provided there is positive cash flow for the project. According to the HHR Program, these payments are considered program income and must be used on eligible housing activities. In order to utilize these funds, a budget must be created. Recommendation Board approval of Budget Resolution 10-320, as outlined in the agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Budget Resolution 10-320 RESOLUTION NO. 10-320 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 Interest payments from Madison Cay in the amount of $35,021. 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 21st day of December, 2010, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2010-2011, and the County's budget is hereby amended as follows: REVENUE 185099-0000-361390-000 Other Interest Earnings $35,021 APPROPRIATIONS 185099-5420-583000-500 Other Grants & Aids $35,021 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairman XXX Commissioner Chris Dzadovsky, Vice Chairman XXX Commissioner Frannie Hutchinson XXX Commissioner Paula Lewis XXX Commissioner Tod Mowery XXX PASSED AND DULY ADOPTED THIS 21ST DAY OF DECEMBER 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ►7 ITEM NO. VI-E3 DATE: 12/21110 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Corine C. Williams SUBMITTED BY: Housing and Community Services/Community Transit Coordinat Services - Transit SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: Transit Block Grant- Year 2 See attached memorandum. 130210-4910-334493-400 N/A RECOMMENDATION: Board approval of the Florida Department of Transportation Joint Participation Agreement for the Transit Block Grant; Budget Resolution No.10-319 and First Amendment to Council on Aging of St. Lucie Sub Agreement C10-01-044, as outlined in the agenda memorandum; and authorization for the Chairman to sign documents as approved by the County Attorney COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) C' OMB Director Daniel S. McIntyre Budget Analyst Originating Dept. Beth Ryder 4�tefanie Myers O V la Marie Goui Sophia Holt Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director d- FROM: Corine C. Williams, Transit Coordinator DATE: December 21, 2010 SUBJECT: Transit Block Grant — Year 2 ITEM NO. VI-E4 Background The State Public Transit Block Grant Program was enacted by the Florida Legislature to provide a stable source of funding for public transit. Yearly allocation of grant funds are awarded by Florida Department of Transportation (FDOT) to public transit providers that are eligible to receive funding under the Federal Transit Administration's Sections 5307 and 5311 programs. The allocation is determined based on a state formula that includes the County's population, transit system revenue miles and passenger trips. These funds may be used for eligible capital and operating costs for public transit. This is St. Lucie County's second year of receiving the Transit Block grant allocation from FDOT. The grant allows for total operating assistance in the amount of $926,254. Of this amount, $463,127 will be from FDOT, and $463,127 will be matched from various eligible Federal and local funding sources. Council on Aging of St. Lucie County Inc. (COASL), the local transit provider, is the subrecipient of this transit grant. Recommendation Board approval of the Florida Department of Transportation Joint Participation Agreement for the Transit Block Grant; Budget Resolution No.16-319 and First Amendment to COASL Sub Agreement C10-01-034, as outlined in the agenda memorandum; and authorization for the Chairman to sign documents as approved by the County Attorney Attachment: FDOT Agreement Budget Resolution No.10-319 First Amendment to C10-01-034 RESOLUTION NO. 10-319 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 Federal Department of Transportation through a grant award supplemental letter in the amount of $463,127. 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 21st day of December, 2010, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2010-2011, and the County's budget is hereby amended as follows: REVENUE 130210-4910-334493-400 APPROPRIATIONS 130210-4910-582015-400 Federal Dept of Transportation Council on Aging After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairman XXX Commissioner Chris Dzadovsky, Vice Chairman XXX Commissioner Frannie Hutchinson XXX Commissioner Paula Lewis XXX Commissioner Tod Mowery XXX PASSED AND DULY ADOPTED THIS 21ST DAY OF DECEMBER 2010. ATTEST: $463,127 $463,127 BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION �zs.ow.o� PVBVC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT o Page 1 & a! 3 Number 01 Financial Project No.: 407187-1-84-02 (item -segment -phase -sequence) Contract No.: APU11 CFDA Number: N/A THIS AGREEMENT, made and entered into this Fund: DPTO FLAIR Appro p.: _ 088774 Function: 680 FLAIR Obj.: _ 750010 Federal No.: N/A Org. Code: 55042010429 DUNS No.: 80-939-7102 Vendor No.: F59600083500 CSFA Number. 55.010 day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie County Board of County Commissioners 437 North 7th Street Fort Pierce FL 34950 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 26 th day of January 2010 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $ 896,888.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended To provide funding assistance to St. Lucie County to offset the operating costs of providing public transit services. See Attachment A for more detailed scope and deliverables. 72So30-07 PUBLIC TRANSPORTATION 04/07 Page 2 of 0 2.00 Project Cost: paragraph 3.00 of said Agreement is • increased O decreased by $ 926.254.00 bringing the revised total cost of the project to $ 1,793,776.00 _ Paragraph 4.00 of said Agreement is • increased O decreased by $ 463.127.00 bringing the Department's revised total cost of the project to $ 896 888.00 3.00 Amended Exhibits: Exhibit(s) A of said Agreement is amended by Attachment 4.00 Contract Time: paragraph 18.00 of said Agreement 12/31/2014 . 725-030-07 PUBLIC TRANSPORTATION 04107 Paga 3 o/ 3 Financial Project No. 407187-1-84-02 Contract No. APU11 Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated and any subsequent supplements shall remain in full force and effect - IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY St. Lucie County Board of County Commissioners AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION District Director of Transportation Development TITLE TITLE Financial Project No: 407187-1-84-02 Contract: Agreement Date: ATTACHMENT A PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners 437 North 7 h Street, Fort pierce, FL 34950 referenced by the above Financial Project Number. PROJECT LOCATION: St. Lucie County, Florida PROJECT DESCRIPTION: Block Grant operating assistance to St. Lucie County to provide public transit services. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. The Public Transit Block Grant Program was enacted by the Florida Legislature to provide a stable source of funding for public transit. The block grant funds may be used for eligible operating costs of public transit providers including the total costs of administration, management, and operations directly incident to the provision of public bus transit services, but excluding the depreciation or amortization of capital assets. Up to 50% of eligible operating costs can be paid with program funds, or an amount equal to the total revenue, excluding farebox, charter, advertising revenue and federal funds, received by the provider for operating costs, whichever amount is less. The Department is providing these funds as a Grant -In -Aid for the public transit program. The Department does not receive goods or services directly for this funding. The Department is authorized under Florida Statutes to enter into this agreement as specified elsewhere in this agreement. ATTACHMENT A CONTINUED Deliverables shall include: Submit a copy of the National Transit Data Base (Section 5335) report submitted to FTA each year by; a. August 29 for agencies with fiscal years ending in the months of January through June. b. January 30 for fiscal years ending July through September. c. April 30 for fiscal years ending October through December. 2. Submit for approval the performance measures indentified in Table A-1 Required Performance Measures for Newspaper Publication of FDOT Procedure 725-030-030 by September 15 of each year, as indentified below: a. Passenger Trips b. Revenue Miles c. Total Operating Expense d. Operating Revenue e. Vehicles Operated in Maximum Service f. Base Fare g. Revenue Miles Between Vehicle System Failures h. Days/Hours Service is Available i. Operating Expense per Passenger Trip 3. Submit the publisher's affidavit from a newspaper covering the transit service area that the performance measures indentified in Table A-1 Required Performance Measures for Newspaper Publication of FDOT Procedure 725- 030-030 were published by November 1 of each year. 4. Submit a copy of the Transit Development Plan (TDP) annual progress report or plan update by September 1 of each year. SPECIAL CONSIDERATIONS BY DEPARTMENT: The Agency must submit quarterly progress reports via TransCIP, the web -based state grant management software, by logging onto www.transcip.com, and clicking on the "quarterly update" tab. Please submit an invoice on the project every three (3) months, please include three (3) hard copies of the back-up and (three) 3 original Invoice Summary Sheets. Please refer to your JPA, Sections 6.0 and 7.0, for correct payment provisions through the Department of Transportation. Supporting documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. All invoices must be accompanied by appropriate back-up, and check and/or check numbers that paid the invoice. Please contact your Florida Department of Transportation Project Manager for any additional questions before invoicing. ATTACHMENT A CONTINUED BUDGET MODIFICATION As Approved As Amended Net Change I. Project Cost $867,522.00 $1,793,776,00 $926,254.00 As Approved As Amended Net l� Fund $DPTOILF $DPT0fLF $DPTOILF Department: $433,761.00 $896.888.00 $463,127.00 Agency: $433,761.00 $896,888.00 $463,127.00 Total Project Cost $867,522.00 $1,793,776.00 $926,254,00 FIRST AMENDMENT TO JANUARY 26, 2010 SUBGRANT AGREEMENT Contract C10-01-034 THIS FIRST AMENDMENT, made this day of , 2010, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County," and COUNCIL ON AGING OF ST. LUCIE, INC., or its successors, executors, administrators, and assigns hereinafter called the "Council": WITNESSESTH: WHEREAS, on January 26, 2010, the parties entered into a subgrant agreement wherein the County agreed to disburse grant funds in a total amount not to exceed eight hundred sixty- seven thousand five hundred twenty-two and 00/100 dollars ($867,522.00), including four hundred thirty-three thousand seven hundred sixty-one and 00/100 dollars ($433,761.00) from the Florida Department of Transportation ("FDOT"), and four hundred thirty-three thousand seven hundred sixty-one and 00/100 dollars ($433,761.00) from such other eligible transit funding sources as the local match required pursuant to Public Transportation Joint Participation Agreement ("JPA") between the County and FDOT (Fin. Pro. No. 407187-1-84-02); hereafter referred to as the "Grant Agreement;" and, WHEREAS, FDOT has awarded the County supplemental funds under the JPA; and, WHEREAS, the parties desire to amend the Grant Agreement to provide for the supplemental funds under the JPA. NOW, THEREFORE, in consideration of the mutual benefits received by each party the parties hereby agree to amend the Grant Agreement as follows: 1. Paragraph 1 of the Grant Agreement shall be amended to read as follows: 1. The County shall disperse to the Council a subgrant in a total amount not to exceed one million seven hundred ninety-three thousand seven hundred seventy- six and 00/100 dollars ($1,793,776.00), hereinafter referred to as the "Grant Agreement". Of this amount, eight hundred ninety-six thousand eight hundred eighty-eight and 00/100 dollars ($896,888.00) will be from the Florida Department of Transportation, and eight hundred ninety-six thousand eight hundred eighty-eight and 00/100 dollars ($896,888.00) will be from such other eligible transit funding sources as may be available. The parties hereto acknowledge and agree that the total amount of the award to the County under the Grant Agreement with the Florida Department of Transportation is eight hundred ninety-six thousand eight hundred eighty-eight and 00/100 dollars ($896,888.00). The Council shall use the funds dispersed pursuant to this Grant Agreement for 1 operation of public transit services called the "Project". The Council shall submit requests for payment to the County in a form acceptable to the County and in accordance with the terms and conditions of this Grant Agreement. 2. All other terms and conditions of the Grant Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: DEPUTY CLERK ATTEST: SECRETARY BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: g:\atty\agreemnt\contract\1 a-coa.fdot block grant.doc COUNTY ATTORNEY COUNCIL ON AGING OF ST. LUCIE, INC. BY: 2 PRESIDENT (SEAL) V, ITEM NO. VI-E 4 DATE: 12/21 /10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Corine C. Williams SUBMITTED BY: Housing and Community Services/Community Transit Coordinator Services - Transit SUBJECT: Federal Transit Administration (FTA) 5311 Operations Grant - FY11 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 130107-4910-331421-400 PREVIOUS ACTION: May 11, 2010- Approved submission of application to Florida Department of Transportation RECOMMENDATION: Board approval of the Florida Department of Transportation Joint Participation Agreement for the FTA 5311 Non -Urbanized Area grant; Budget Resolution No. 10-318 and First Amendment to Council on Aging Sub Agreement C10-01-044, as outlined in the agenda memorandum; and authorization for the Chairman to sign documents as approved by the County Attorney COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) / OMB Director Daniel S. McIntyre Budget Analyst Originating Dept. ( ) L� Beth Ryder Stefanie Myers _Ipll' mfik� 1)j tL Marie Gouin Sophia Holt Housing and Community Services MEMORANDUM TO: Board of County Commissi Hers THROUGH: Beth Ryder, Director FROM: Corine C. Williams, Transit Coordinator DATE: December21, 2010 SUBJECT: Federal Transit Administration (FTA) 5311 Operations Grant - FY11 ITEM NO. VI-E5 Background The FTA Section 5311 Non -Urbanized Area Formula Program provides Federal operating assistance to eligible recipients who operate/contract public transportation services in rural and small urban areas. This grant provides an annual allocation for up to five years in support of demand response services for residents. Demand -response is a program that provides door-to-door service for residents who cannot access a transit fixed route as a result of a disability. This is St. Lucie County's second allocation under this grant from the Florida Department of Transportation (FDOT). For FY11, the anticipated allocation is $58,497. This grant requires a 50% match. The match will be provided through the Council on Aging of St. Lucie County, Inc. (COASL) transit funds that are generated from various Federal, and local funding sources. COASL, the local transit provider, is the recipient of this transit grant. Recommendation Board approval of the Florida Department of Transportation Joint Participation Agreement for the FTA 5311 Non -Urbanized Area grant; Budget Resolution No.10-318 and First Amendment to COASL Sub Agreement C10-01-044, as outlined in the agenda memorandum; and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: FDOT Agreement Budget Resolution No.10-318 First Amendment to C10-01-044 RESOLUTION NO. 10-318 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 Federal Transit Administration through a grant award supplemental letter in the amount of $58,497. 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 21st day of December, 2010, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2010-2011, and the County's budget is hereby amended as follows: REVENUE 130107-4910-331421-400 APPROPRIATIONS 130107-4910-582015-400 Federal Transit Administration Council on Aging After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairman XXX Commissioner Chris Dzadovsky, Vice Chairman XXX Commissioner Frannie Hutchinson XXX Commissioner Paula Lewis XXX Commissioner Tod Mowery XXX PASSED AND DULY ADOPTED THIS 21ST DAY OF DECEMBER 2010. ATTEST: $58,497 $58,497 BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 01 72S03M7 PUBLIC TRANSPORTATION Wro7 Page 1 of 3 Financial Project No.: Fund: DU FLAIR Approp.: 088774 407185-1-84-06 Function: 680 FLAIR Obj.: 79004 (item -segment -phase -sequence) Federal No.: FL-18-X029 Org. Code: 55042010429 Contract No.: APU12 DUNS No.: 80-939-7102 Vendor No.: F596000835079 CFDA Number: 20.509 CSFA Number: N/A THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie County Board of County Commissioners 437 North 7th Street- Fort Pierce, FL 34950 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 26 th day of January , 2010 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $ 118.801.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended To provide operating assistance to St. Lucie County Board of County Commissioners for a non -urbanized area public transportation system as authorized under Section 5311 of the Federal Transit Administration's Section 18 Program, 49 U.S.C.5311 725-030.07 PUBLIC TRANSPORTATION 04,107 Paps 2 of 3 2.00 Project Cost: Paragraph 3.00 of said Agreement is • increased O decreased by $ 58,497.00 bringing the revised total cost of the project to $ 237,602.00 Paragraph 4.00 of said Agreement is • increased O decreased by $ 58,497.00 bringing the Department's revised total cost of the project to $ 118,801.00 3.00 Amended Exhibits: Exhibit(s) A. 8 cf said Agreement is amended by Attachment "A". 4,00 Contract Time: Paragraph 18.00 of said Agreement 12/31/2014 . 72s030-07 PUBLIC TRANSPORTATION 04107 Page 3 of 3 Financial Project No. 407185-1-84-06 Contract No. APU12 Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY St. Lucie County Board of County Commissioners AGENCY NAME SIGNATORY SPRINTED OR TYPED) SIGNATURE TITLE FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE Financial Project No. 407185-1-84-06 Contract No. APU12 Agreement Date ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners 437 North 7th Street, Fort Pierce, FL 34950 dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): To provide operating assistance to St. Lucie County Board of County Commissioners for a non -urbanized area public transportation system as authorized under Section 5311 of the Federal Transit Administration's Section 18 Program, 49 U.S.C.5311 As Approved As Amended Net Change Project Cost $120,608.00 $237,602,00 $116,994.00 As Approved As Amended Net Fund $ DU/LF $ DU/LF $ DU/LF Department: $60,304.00 $118,801.00 $58,497.00 Agency: $ 60,304.00 $118,801.00 $ 58,497.00 Total Project Cost $120,608.00 $ 237,602.00 $116,994.00 Comments Deliverables: 1.) Refer to Exhibit C and Exhibit D of original JPA. 2.) Comply with Transparency Act where applicable. 3.) Recipients providing fixed -route service can segregate urbanized and non -urbanized miles based on route maps and allocate system -wide costs accordingly, driver's logs can be maintained to segregate mileage or hours inside and outside the urbanized area. 4.) Certification verifying adoption of a System Safety Program Plan. 5.) Quarterly reports submitted via TransCIP. 6.) Submit invoice every three (3) months at minimum. 7.) A copy of the most recent active CTC agreement. Page I of 2 ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT III. MULTI -YEAR OR PREQUALIFIED PROJECT FUNDING If a project is a multi -year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work program in the following fiscal year(s): FY Amount 2010 $ 60,304.00 2011 $ 58,497.00 Page 2 of 2 FIRST AMENDMENT TO JANUARY 26, 2010 SUBGRANT AGREEMENT C 10-01-044 THIS FIRST AMENDMENT, made this day of , 2010, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County," and COUNCIL ON AGING OF ST. LUCIE, INC., or its successors, executors, administrators, and assigns hereinafter called the "Council": WITNESSESTH: WHEREAS, on January 26, 2010, the parties entered into a subgrant agreement wherein the County agreed to disburse grant funds in a total amount not to exceed one hundred twenty thousand six hundred eight and 00/100 dollars ($120,806.00), including sixty thousand three hundred four and 00/100 dollars ($60,304.00) from the Florida Department of Transportation ("FDOT"), and sixty thousand three hundred four and 00/100 dollars ($60,304.00) from such other eligible transit funding sources as the local match required pursuant to Public Transportation Joint Participation Agreement ("JPA") between the County and FDOT (Fin. Pro. No. 407185-1-84-06); hereafter referred to as the "Grant Agreement;" and, WHEREAS, FDOT has awarded the County supplemental funds under the JPA; and, WHEREAS, the parties desire to amend the Grant Agreement to provide for the supplemental funds under the JPA. NOW, THEREFORE, in consideration of the mutual benefits received by each party the parties hereby agree to amend the Grant Agreement as follows: Paragraph 1 of the Grant Agreement shall be amended to read as follows: 1. The County shall disperse to the Council a subgrant in a total amount not to exceed two hundred thirty-seven thousand six hundred two and 00/100 dollars ($237,602.00), hereinafter referred to as the "Grant Agreement". Of this amount, one hundred eighteen thousand eight hundred one and 00/100 dollars ($118,801.00) will be from the Florida Department of Transportation, and one hundred eighteen thousand eight hundred one and 00/100 dollars ($118,801.00) will be from such other eligible transit funding sources as may be available. The parties hereto acknowledge and agree that the total amount of the award to the County under the Grant Agreement with the Florida Department of Transportation is one hundred eighteen thousand eight hundred one and 00/100 dollars ($118,801.00). The Council shall use the funds dispersed pursuant to this Grant Agreement for operation of non -urbanized area public transit services called the 1 acceptable to the County and in accordance with the terms and conditions of this Grant Agreement. 2. All other terms and conditions of the Grant Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: DEPUTY CLERK ATTEST: SECRETARY g:\atty\agreemnt\contract\la-coa.fdot.53 I Ldoc BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY COUNCIL ON AGING OF ST. LUCIE, INC. mm 2 PRESIDENT (SEAL) AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VII-A DATE: December 21, 2010 REGULAR[] PUBLIC HEARING [x] CONSENT [ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Barbieri Assistant County Attorney SUBJECT: Ordinance No. 10-033 - Providing for Eminent Domain Waivers BACKGROUND: See CA No. 10-1564 PREVIOUS ACTION: On September 16, 2010 and November 18, 2010, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance. On November 18, 2010, the Local Planning Agency/Planning and Zoning Commission voted to recommend that the Board of County Commissioners approvethe proposed ordinance. RECOMMENDATION CONCLUSION: COMMISSION ACTION: APPROVED (] DENIED Dq OTHER: No action is required at this time. A second reading of the proposed Ordinance is scheduled for Tuesday, January 4, 2011 at 6:00 pm or as soon thereafter as may be heard. No Action required at this time. Y i [X] County Attorney: {f Daniel S. McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 10-1564 DATE: December 21, 2010 SUBJECT: Ordinance No. 10-033 - Providing for Eminent Domain Waivers Attached to this memorandum is a copy of proposed Ordinance No. 10-033 which would amend the Land Development Code to provide for eminent domain waivers by amending Section 2.00.00 "Definitions" to include definitions of acquiring authority and eminent domain waiver. It would further amend Chapter 10 to add Section 10.03 "Eminent Domain Waiver" to provide waiver where eminent domain action renders a site non -conforming. This Ordinance came beforethe Planning & Zoning Commission on September 16, 2010and November 18, 2010. The Commission recommended that the ordinance be amended to require that the eminent domain waiver be completed before the damage phase of any court proceeding [see attached Commission minutes]. Staff agrees that in most situations this should transpire, but does not recommend modifying the ordinance to require. The proposed changes are intended to provide a process and more certainty about what is allowed on a site following an eminent domain acquisition. The proposed ordinance will accomplish the following: 1. It outlines three types of parcels in which a waiver would be acceptable. Sets forth a procedure to apply for a waiver. It allows both the property owner and the acquiring authority to apply for a waiver and requires the property owner to be notified if the acquiring authority applies for a waiver. Likewise, it requires notification of the acquiring authority if the property owner applies for a waiver. Both the property owner and the acquiring authority can apply for a waiver so that a third party, County staff, can review it for compliance with the requirements of Land Development Code, 4. It gives the Board of County Commissioners the power to grant waivers. Nothing in the proposed changes require a property owner to accept or implement a waiver. In fact, a cure plan could be drawn and submitted with an application for a waiver. The waiver could be granted, but the property owner is under no obligation to accept the waiver and make the changes to the site approved with the waiver and shown in the cure plan. Sets forth standards for the issuance of a waiver. No action is required at this time. A second reading of the proposed Ordinance is scheduled for Tuesday, January 4, 2011 at 6:00 pm or as soon thereafter as may be heard. Respectfully submitted, Katherine Barbieri Assistant County Attorney KB/cb Attachment H:\AgendaMemo-KMS-10-033-BCC.wpd ORDINANCE NO. 10-033 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO PROVIDE FOR EMINENT DOMAIN WAIVERS BY AMENDING SECTION 2.00.00 "DEFINITIONS" TO INCLUDE DEFINITIONS OF ACQUIRING AUTHORITY AND EMINENT DOMAIN WAIVER; FURTHER AMENDING CHAPTER 10 TO ADD SECTION 10.03 "EMINENT DOMAIN WAIVER" TO PROVIDE FOR A WAIVER WHERE EMINENT DOMAIN ACTION RENDERS A SITE NOW CONFORMING; AMENDING BOARD OF ADJUSTMENT POWER TO INCLUDE THESE WAIVERS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENTOF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On August 1,1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. 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 16, 1993 93-03 February 16,1993 93-05 May 25, 1993 93-06 May 25, 1993 93-07 May 25, 1993 94-07 June 22, 1994 94-18 August 16, 1994 94-21 August 16, 1994 95-01 January 10, 1995 96-16 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 April 6, 1999 99-03 August 17, 1999 99-04 August 17, 1999 99-05 July 20, 1999 99-05 July 20, 1999 99-015 July 02, 1999 99-16 September 7, 1999 99-018 November 2, 1999 00-10 June 13, 2000 00-011 June 13, 2000 00-12 June 13, 2000 00-013 June 13, 2000 01-03 December 18, 2001 02-05 June 24, 2002 02-09 March 5, 2002 02-20 October 15, 2002 Underlined passages are added. ' 1' Stroekthreash passages are deleted. 02-29 October 15, 2002 03-05 October 7, 2003 04-02 January 20, 2004 04-07 April 20, 2004 05-07 January 18, 2005 05-013 November 8, 2005 05-16 August 16, 2006 05-023 September 20,2005 06-17 May 30, 2006 06-018 May 30, 2006 06-030 September 12, 2006 06-047 December 5, 2006 07-018 December 18, 2007 07-032 - November 6, 2007 07-041 September 4, 2007 08-004 - March 11, 2008 08-08 June 17, 2008 08-012 - September 12, 2008 08-025 September 14, 2008 09-003 - January 20, 2009 09-007 September 1, 2009 09-012 - May 19, 2009 09-013 May 19, 2009 09-025 - October 6, 2009 10-003 February 2, 2010 3. On September 16, 2010 and November 18, 2010, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in St. Lucie News Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. On November 18, 2010, the Local Planning Agency/Planning and Zoning Commission voted to recommend that the Board of County Commissioners approve the proposed ordinance. 4. On this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in St. Lucie News Tribune on 5. On this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in St. Lucie News Tribune on NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Chapter II "Definitions", the Table of Contents is hereby amended to read as follows: 2.00.00 DEFINITIONS..................................................... 2-3 "ACCESSORY USE" through "ACCESSWAY" remain unchanged. The following is added: ACQUIRING AUTHORITY 2-12 Underlined passages are added. -2- tl ough passages are deleted. "ADDITION (TOAN EXISTING BUILDING)" through "COUNTY ROAD SYSTEM" remain unchanged. The following is added: CURE PLAN 2-10 "DEFICIENT ROAD SEGMENT" through "ELEVATED BUILDING' remain unchanged. The following is added: EMINENT DOMAIN ACTION 2-16 EMINENT DOMAIN WAIVER 2-16 "ENVIRONMENTALLY SENSITIVE RESOURCES OR HABITATS" through "PARCEL OF LAND" remain unchanged. The following is added: PARENT TRACT 2-30 "PARKING SPACE" through "RELIGIOUS FACILITY" remain unchanged. The following is added: REMAINDER PARCEL 2-34 The remainder of Section 2.00.00 DEFINITIONS - Table of Contents remain unchanged. PART B. Chapter 11 "DEFINITIONS" is hereby amended to read as follows: The following definition will be added between the definitions of "ACCESSWAY" and "ADDITION (TO AN EXISTING BUILDING)": ACQUIRING AUTHORITY: The governmental entity proposing to acquire private property for public transportation or other purpose, pursuant to eminent domain action Acquiring authorities include but are not limited to. St. Lucie County ("County") and the Florida Department of Transportation ("FDOT") The following definition will be added between the definitions of "ADDITION (TO AN EXISTING BUILDING)" and "COUNTY ROAD SYSTEM": CURE PLAN: A site plan submitted by an acquiring authority or property owner for a site subject to an eminent domain action. The plan shall show proposed changes to structures or other physical Underlined passages are added. -3- Siraekthnra6h passages are deleted. features of the remainder parcel necessary to make the remainder parcel as compliant with the applicable Land Development Code as feasible. The following definitions will be added between the definitions of'ELEVATED BUILDINGS" and "ENVIRONMENTALLY SENSITIVE RESOURCES OR HABITATS": EMINENT DOMAIN ACTION: A series of actions taken by an acquiring authoritv to obtain an interest in or title to all or some part of privately held real property fora public use This term shall include voluntary and involuntary conveyance under the threat of condemnation taking or expropriation. EMINENT DOMAIN WAIVER: Authorization from St Lucie County for the continued use and enjoyment of a remainder parcel subse uent to an eminent domain action. An eminent domain waiver shall not be issued where the remainder parcel and existing structures conform with the applicable zoning district. The following definitions will be added between the definitions of "PARCEL OF LAND" and "PARKING SPACE": PARENT TRACT: The parcel of land that existed prior to an acquiring authority obtaining an interest in or title to some portion of the parcel through eminent domain action. The following definition will be added between the definitions of"RELIGIOUS FACILITY" and "REMOVE OR REMOVAL OF VEGETATION": REMAINDER PARCEL: That portion of the parenttract remaining in private ownership following eminent domain action The remainder parcel may be vacant or improved iust as the parent tract may be vacant or improved. PART C. Chapter X "HARDSHIP RELIEF" is hereby amended to read as follows: 10.03.00 Eminent Domain Waiver An eminent domain waiver is intended to provide property owners a viable and fair alternative to the adverse impact on their property, as a result of an eminent domain action. It allows the continued use of the remainder parcel in a manner similar to its pre -acquisition Underlined passages are added. -4- Strae*+hrcv& passages are deleted. condition. Waivers provided herein can be obtained for nonconforming lots and structures Waivers cannot be granted for nonconforming uses Sections 10 03 00 and 10 03 01 shall be applicable only after the Board of County Commissioners adopts a resolution approving the use of eminent domain waiver for specific public projects A. Applicability 1. Vacant parcels, whether conforming or non -conforming lots shall beeligible for an eminent domain waiver from, including but not limited to minimum lot size requirements pursuant to Section 10.03.00 Land Development Code 2. Developed parcels. Where an eminent domain action reduces the lot size and creates a nonconforming remainder parcel but does not require the relocation of site features said parcel shall be eligible for an eminent domain waiver from the Land Development Code such as but not limited to, minimum lot size and building coverage requirements pursuant to Section 10.03.00, Land Development Code 3. Developed parcels. Where an eminent domain action requires the relocation of site features such as but not limited to buildings parking spaces landscaping storm water facilities, dummters light poles and signs such a parcel shall be eligible for an eminent domain waiver, pursuant to Section 10 03 00 St Lucie County Land Development Code B. The acquiring authority and/or the property owner are each hereby granted the authority to apply for a waiver from the Land Development Code on a remainder parcel that has resulted or will result from an eminent domain action The application may be made prior to or after the acquiring authority obtaining title to some part lof the parent tract C. Procedure to apply for an eminent domain waiver. 1. Eitherthe acquiring authority orthe Property owner shall file for an eminent domain waiver application within six (6) months from the entry of an Order of Taking with the County Administrator or designee. The applicable fee established by resolution shall be submitted with the application in addition to the following documents: A-. A boundary survey prepared according to the current standards of Chapter SJ-17, Florida Administrative Code as may be amended of the parent tract and a legal description of the portion to be acquired and the remainder parcel shall be submitted for those circumstances described in Section 10.03.00A above The boundary survey shall show the parent tract and the remainder parcel including but not limited to buildings parking landscaping sprinkler systems, storm water facilities wells and septic systems lighting features fences signage, easements of record adjacent rights of ways and topographic data Underlined passages are added. -rJ- Stroekthreashpassages are deleted. b. A site plan (a cure plan as defined herein) showing the parent tract and the remainder parcel with the proposed changes to the site including, but not limited to, buildings parking landscaping storm water facilities topographic data and adiacent right-of-way. A cure plan shall be required only for those parcels described in Section 10.03.00A3 above. 2. If an application for a waiver is submitted by an acquiring authority, the property owner shall be mailed notification via certified mail (return receipt requested) by the County Administrator or designee within 10 days of the application submittal date. Likewise, if the property owner applies for a waiver, the acquiring authority shall be mailed notification via certified mail (return receipt requested) by the County Administrator or designee within 10 days of the application submittal date. 3. Afterthe Board of County Commissioners adopts a resolution approvingthe use of eminent domain waiver for a specific project the Board of Adiustment (BOA) shall consider the request for an eminent domain waiver at a public hearing. The public hearing may be continued by the BOA to a fixed date time and place After the conclusion of the public hearing, the BOA shall approve approve with modifications or deny the request for an eminent domain waiver by resolution which shall constitute the final action of the BOA. The property owner shall not be required to implement the waiver or cure plan approved by the BOA. D. Standards of issuance of eminent domain waivers. 1. If an existing lot parcel orstructure becomes nonconforming (or an existing nonconformity becomes less conforming) as a result of a governmental acquisition, a waiver may be granted provided a determination is made that: a. The requested waiver shall not adversely affect safety, aesthetic or environmental conditions of neighboring properties: and b. The requested waiver shall not adversely affect the safety of pedestrians or operations of motor vehicles: and L. The requested waiver will not encourage or promote the continuation of existing uses of the property which have been or will be rendered unfeasible or impractical due to the impacts of the taking and/or construction of the roadway or other facility including but not limited to aesthetic noise dust vibration safety, land use compatibility, environmental or other impacts. d. The remainder parcel shown on the As -built drawing and the cure elan shall be the site on which compliance with the Land Development Code must be shown. All calculations shall be based upon the acreage of the remainder parcel. Underlined passages are added. -6- Slrnrkti ough passages are deleted. 10.03.01 Status of parcels during or after acquisition by eminent domain action A. Where a waiver is issued pursuant to Section 10 03 00 Land Development Code the waiver shall become effective and the remainder parcel shall be considered compliant to the degree feasible after an acquiring authority takes interest in or title to real Property subject to an eminent domain action. B. Where a Property owner accepts a waiver on a vacant parcel or where no cure plan was necessary, the waiver shall remain valid and applicable to the remainder parcel indefinitely. However, future site plan and building permit approvals shall complywith all provisions in the Land Development Code except those listed in the waiver. For developed parcels the extent to which a remainder Parcel has received specific exceptions listed in a waiver, those exceptions may not be increased or expanded by future development plans site plans or building permits C. Where a private Property owner accepts a waiver based upon a cure plan the physical changes to the remainder Parcel specified in the cure plan shall occur within 365 days from the date the acquiring authority takes an interest in or title to some part of the parent tract Future site plan and building permit approvals shall comply with all provisions in the Land Development Code except those listed in the waiver. Within the 365 day time period described above, the property owner may apply to the County Administrator for a one time extension of up to 365 additional days. Further extensions may be granted by the County Administrator only in the event that compensation from the condemning authority has not been resolved within the first two 365 day periods. D. The Provisions of Section 10.03.00 Land Development Code shall not be interpreted to allow for the continued existence of building or safety code violations that are determined to be a threat to the public health, safety or welfare E. The County shall continue to enforce all applicable building and safety codes even through the subject property is part of a pending governmental acquisition PART D. Section 12.04.00 Board of Adiustment is amended to read as follows: Section 12.04.01 Powers and Duties The Board of Adjustment shall have the following powers and duties under this Code: A. The power to authorize variances from the dimensional, floodplain, and airport height requirements of this Code, in accordance with the provisions in Section 10.01.00. The power to authorize eminent domain waivers Underlined passages are added. -7- SMwekthrensh passages are deleted. i3r.C. The powers to hear and decide appeals initiated by any person, officer, board, or bureau of St. Lucie County aggrieved by any decision, order, determination, or interpretation of any administrative official of the County with respect to the provisions of this Code, except for appeals with respect to Wellfield Protection, Vegetation Protection and Preservation, Mangrove Alteration and Selective Trimming, Sea Turtle Protection, Coastal Area Protection, Wetland Protection, Native Upland Habitat Protection, Adequate Public Facilities, and Vested Rights, as provided in Section 11.11.00. E.D. The powers to make its special knowledge and expertise available upon reasonable written request and authorization by the Board of County Commissioners to any official, department, board, commission, or agency of a city, county, state, or federal government. D-E. The powers to adopt rules of procedure that are not in conflict with the provisions of this Code. PART 0E. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART E-.F. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART f: G. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART 6-.H. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART I`FI. EFFECTIVE DATE. Underlined passages are added. -8- % tick threu,H passages are deleted. This ordinance shall take effect upon filing with the Department of State. PART f-.J. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft XXX Vice Chairman Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX Commissioner Tod Mowery XXX Commissioner Frannie Hutchinson XXX PART J. CODIFICATION. Provisions of thisordinance shall be incorporated in the St. Lucie County Land Development Code, and the word ordinance may be changed to section, article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts C through J shall not be codified. PASSED AND DULY ADOPTED this ATTEST: day of 2010. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Underlined passages are added. -9- 5traek-threa6Fryassages are deleted. St. Lucie County Planning and Zoning Commission/ Local Planning Agency Roger Poitras Annex, Commission Chambers, 3rd Floor November 18, 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. fix.. I. CALL TO ORDER #E { l; Chairman Mundt called the meeting to order at 6 (1p lir r, A. Pledge of Allegiance `=iIN B. Roll Call t Craig Mundt .................. is,10 airman { Britt Reynolds .......................... ' :'fe-Chn ' '' .xax Pamela Hammer .............................. jyn Member Edward Lounds ............. t,` ............ Cosion Member Susan Caron .................`. � .Com n Member Brad Culverhouse .......... „gmmiss� "=Member ;�;' aft }_• Charles Grande .. l sio mber 't a Stephanie MQ gi ii , .. ... " � mr��ntMember Barry SchIt"Is.-ley �r ......... .ii ....... �' .`Commission Member Kathryn . �lit ................. .. Ex-Officio Member ;{ �ilvl Members,,l, sill _► Staff Presei ; ► , Mark Satterlee`4` E I A. ...........Planning & Development Services Director � t Uhteather Young E...............................Assistant County Attorney He_ther Lueke S E ...........................Assistant County Attorney Karetamith ................................ Environmental Resources Director " Business and Concurrency Manager Michagl rliljvtt}.................................. Britton De1at...................................... Senior Planner Michelle Hylton......................................Recording Secretary C. Ordinance No. 10-033 — Eminent Domain Waivers — continued from September 16, 2010 meeting. Petition of St. Lucie County to amend the St. Lucie County Land Development Code to provide Eminent Domain Waivers by amending Section 2.00.00 "Definitions" to include definitions of Acquiring Authority and Eminent Domain Waiver; further amending Chapter 10 to add Section 10.03 "Eminent Domain Waiver" to provide for a waiver where Eminent Domain acti n renders a site non- conforming; amending Board of Adjustment power t 'Iude these waivers; providing for conflicting provisions; providing for cability; providing for severability; providing for filing with the Depa, ' I F`' State; providing 9 P ai t, P iding an effective date; providing for adoption and p•o in i= odification. Staff 9 comments and presentation by the County A �6y's Office fi tt#I� Mrs. Barbieri stated this agenda item camel #fore the board in Sept'ert r and at that time there were some questions asked and �&ff was astl= to research ii gad get back #1st t*h, to the board, The main issue at that time was Wujare should be any wording put in the ordinance to prevent the us of the wa9rom being used in a court of law. Courts have historically considered „ . { r, waivers might be given in the F past and using their weighing syste hX,,,variance '�° fi d givetn�e weight to it. Staff gave a �i=tt{ us as to why they did get quote from one of the cases that Mr. Iverhou gidedl►some weight to it. At th' s#M4tstaff is n Ire nen441that we put any language into the ordinance that w s pre :#the acc lffib authority from using this evidence in a court of law. Owtl n again "' ' g g i tJ6 this �Inance would do; it would allow eminent domain waivers fotbgee typ es!11' S. I' ovides a procedure where you go to the ' r� I��s `� FED; Board of County Corni�ilssl 4 =ldi$if ey agree that it should be an eminent ffl .._.E domain ,� it w , go to the �abir of Adjustment, who could agree with it, modi Fr r they deter;Ft. It allows for either the condemningauthority or the ._ tie � �3 �+,° ty prop owner to ap �r it ere is no requirement at all that the property owner f }_ actual' ithere is a wai tf give hd a care plan that they actually implemented it is completel : to their dis $ ion. It also gives new definitions of eminent domain action and waiver ,1 would pI°incor orated into the Land Development Code. We are recommepassed to the county commissioners with an approval recommendation Mr. Culverhouse stated his concern that last time was that he is aware that this is allowed to be admitted into evidence and certain instances in court and eminent domain proceedings. His concern is that it increases the power of the condemning authority over the property owner, home owner, or land owner. Also, the condemning authority having the power to apply for a waiver rather than just the land owner; evidence of the possible waiver that could be obtained can be introduced in evidence now by the condemning authority. What bothers him about this proposed ordinance is the condemning authority being able to have the power to apply for and the Board of County Commissioners is given the authority to continue indefinitely the hearing on it. He thinks that he would prefer if a waiver is applied for by either the land owner or the condemning authority prior to the time of the trial on damages where the land owner is attempting to get just compensation for damages for the severance of the property that it be required in the ordinance that the hearings by the Board of County Commissioners and the decision by the Board of Adjustment be concluded prior to the beginning of that trial. So that however it goes out, it can be introduced into evidence. If it is denied, then it's denied but he is leery and don't think it's fair. He is concr)) about the rights of the home owner or the property owner being trampled on bed: a government is too busy to get this done before the trial on the damages. He does nod dike; the idea of big brother being able to apply for the waiver. He also has a •.robiem on pa ea 7, paragraph A. It says... 'after the acquiring authority takes poss'�,� `ion of real pretty subject to an eminent domain action'. Why is it posse t there and why is It lltakes' and on paragraph C, line 3...'takes an interest in re to sompjpart of the pditht, tract'. He f I L fill understands that the condemning authority mpg =l .1Rq1 sking for an easement so it would not be takingtitle it would 'us _have an eaAL- t interest or it could be taking full 1 ' i or tits ` ..(take out the extra "in" there as title but why is the... it says takes a���st n § -) possession above in After F1, uick taking is done that is opposed to p q g when the condemning authority depos s the `rTfo in theliOgistry and the court allows the condemning authority ► f c, ahead t+ej'take e p _p y, you can get into all kinds of dances around what essratineans. Mrs. Barbieri stat lihe agreed, Ith him o "aragraph A. When doing some tweaking, they should have doi hat a)all F Mr. Culyo ked f about bem gable to provide that if regardless of who applies' r the wi*ki-if it N104dore the condemning authority takes an interest or title in the Phoperty or it's be te{ the ftl,on damages that that waiver be completed by both Tin'. the Beard;, of County Ct lmissioaers and by the Board of Adjustment prior to the beginning &of the trial and there has to be some requirements on the property owner if qjl the propertyner, if th 'fapplied that they apply within a certain time period to allow so that the Boarl�ul jr it and they could also go to the Board of Adjustments. He has a problem wIN idea that it could be applied for and not be voted on by the Board of County Commissioners with their final decision and not have a decision from the Board of Adjustment. Then evidence of the application is submitted to the court and something happens and it's denied and the property owner's damages have been reduced. Mrs. Barbieri stated that staff agrees with that philosophy; hopefully the waiver would be completed and the results from the Board of Adjustments obtained before that hearing in court so they would have the definite information. She is not sure if that should be put in the ordinance. That would be information that the courts would want and it would be looked into and provide that information to the Board of County Commissioners that that is a recommendation. Mr. Culverhouse stated after practicing law for over 35 years, it has been his experience that whatever can go wrong usually does. He does not see the harm in providing that if either the land owner or the condemning authority applied for it, that the issue would have to be decided, prior to the trial on damages and it would not apply if the condemning authority already had title to and then even the c#&Ynning authority or the property owner applied for it. He thinks there should. 3 iia requirement that it is completed prior to the condemning authority and the Ip_i , r having to address the .3��i3. issue of damages before a jury. Mrs. Barbieri stated she agrees that it should of County Commissioners know that he ordinance. Staffs position is to give it mor case there is that one situation where son unreasonable delays. Ft,t,, Chairman Mundt opened the pu No one spoke. Chairman Mundt Mr. Schader mad the public hear! Planning #andgE2 eminer� lr ma'I ,ill :P:,. coneof this add �e recon Hllt;_ Mr. Lount�eco O�ided to them; dh#Iwill let the Board that information mctpgrated in the iht on Cher there isllostriction in g ns and someone is making Ili jt, after cor' Vering the testimony presented during 11, sand blic comment; he moves that the sio�r'dpl#ove Ordinance 10-033 providing for to the Board of County Commission. The prior ressed and reviewed and included in this motion de by Mr. Culverhouse during tonight's meeting. motion carried 8-0. BEFORE THE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA NOTICE OF INTENT NOTICE IS HEREBY GIVEN that the Board of County Commissioners of St. Lucie County, Florida, will consider adopting County Ordinance No. 10-033 which, if adopted, would amend the St. Lucie County Code of Ordinances to provide a, waiver where eminent domain action ren- ders a site non -conforming, at its regular meeting on Tuesday, the 21st day of De- cember 2010, at 6:00 p.m., or as soon thereafter as the matter may be heard in the St. Lucie County Commission Cham- bers at the St. Lucie County Administration Building Annex, Third Floor, 2300 Virginia Avenue, Fort Pierce, Florida. The hearing may be continued from time to time as may be necessary. Matters affecting your personal and property rights may be heard and acted upon. All interested persons are invited to attend and be heard. Written comments received in advance of the pub- lic hearing will also be heard. The St. Lu- cie County Board of County Commission- ers has the power to review, approve, modify or deny any ordinance within their area of responsibility. If it becomes neces- sary, a public hearing may be continued.to a date certain. Copies of the proposed ordinance may be obtained from the County Attorney's Of- fice, St. Lucie County Administration Build- ing Annex, 2300 Virginia Avenue, Fort Pierce, Florida, 34982. Amendments to the Ordinance may be made at the public hearing. If any person decides to appeal any deci- sion made with respect to any matter con- sidered at the meetings or hearings of any board, committee, commission, agency, council or advisory group, that person will need a record of the proceedings and that, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record should include the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any parry to the proceeding will be granted an opportunity to cross-examine any indi- vidual testifying during a hearing upon re- quest. Anyone with a disability requiring accom- modation to attend this meeting should contact Beth Ryder, Community Services Director, at (772) 462-1777, or T.D.D. (772) 462-1428, at least forty-eight (48) hours prior to the meeting. The title of the proposed ordinance is: I ORDINANCE NO. 10-033 11 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO PROVIDE FOR EMINENT DO- MAIN WAIVERS BY AMENDING SEC- TION 2.00.00 "DEFINITIONS" TO 1W CLUDE DEFINITIONS OF ACQUIRING AUTHORITY AND EMINENT DOMAIN WAIVER_; FURTHER AMENDING CHAP- TER 10 TO ADD SECTION 10.03 "EM- INENT DOMAIN WAIVER" TO PROVIDE FOR A WAIVER WHERE EMINENT DO- MAIN ACTION RENDERS A SITE NON- CONFORMING; AMENDING BOARD OF ADJUSTMENT POWER TO INCLUDE THESE WAIVERS; PROVIDING FOR CONFLICTING PROVISIONS; PROVID- ING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. THIS NOTICE EXECUTED and dated this 10th day of December 2010. Submitted by:1 Daniel S. McIntyre County Attorneyl Publish: December 10, 2010 2216442 NOTICE OF ESTABLISHMENT OR CHANGE OF REGULATION AFFECTING THE USE OF LAND The St. Lucie County Board of County Commissioners propose to adopt the following Ordinance: ORDINANCE NO.10-033 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO PROVIDE FOR EMINENT DOMAIN WAIVERS BY AMENDING SECTION 2.00.00 "DEFINITIONS" TO INCLUDE DEFINITIONS OF ACQUIRING AUTHORITY AND EMINENT DOMAIN WAIVER; FURTHER AMENDING CHAPTER 10 TO ADD SECTION 10.03 "EMINENT DOMAIN WAIVER" TO PROVIDE FOR A WAIVER WHERE EMINENT DOMAIN ACTION RENDERS A SITE NON -CONFORMING; AMENDING BOARD OF ADJUSTMENT POWER TO INCLUDE THESE WAIVERS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. A PUBLIC HEARING on Ordinance No. 10-033 will be held before die St. Lucie County Board of County Commissioners on Tuesday, December 21, 2010, at 6:00 p.m. or as soon thereafter as possible, in the County Commission Chambers, 3rd Floor of the County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida. The hearing may be continued from time to time as necessary. Matters affecting your personal and property rights may be heard and acted upon. All interested persons are invited to attend and be heard. Written comments received in advance of the public hearing will also be heard. The purpose of this Ordinance is to provide for a waiver where eminent domain action renders a site non -conforming. Copies of the proposed ordinance may be obtained from die County Attorneys Office, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. 34982. Amendments to the Ordinance may be made at the public hearing. If it becomes necessary, a public hearing may be continued to a date certain. If any person decides to appeal any decision made with respect to any matter considered at the meetings or hearings of any board, committee, commission, agency, council or advisory group, that person will need a record of the proceedings and that, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record should include the testimony and evidence upon which the appeal. is to be based. Upon the request of. any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact Beth Ryder, Community Services Director, at (772) 462-1777, or T.D.D. (772) 462-1428, at least forty-eight (48) hours prior to the meeting. THIS NOTICE DATED AND EXECUTED this IOth day of December 2010. PUBLISH DATE: December 10, 2010 Submitted by: Daniel S. McIntyre County Attorney E COUNTY F L O R I D A TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. -�11 - 8 DATE: December 21, 2010 REGULAR[] PUBLIC HEARING [XX] CONSENT[] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Ordinance No. 10-032 Library and Low Enforcement Impact Fees BACKGROUND: See attached memorandum FUNDS AVAILABLE. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 10- 032 and authorize the Chairman to sign the Ordinance. COMMISSION ACTION: CONCURRENCE: [� APPROVED [ ] DENIED [ ]OTHER: Approved 5-0 Motion to continue to 031112011 at 6:00p.m. or as soon thereafter as possible. Faye W. Outlaw, MPA County Administrator Review and Aoorovals Management & Bud County Attorney: Manage get Purchasing: Daniel S. McIntyre Originating Dept. Public Works Dir: Finance: (Check for copy only, if applicable) County Eng.: Eff. 5/96 COUNTY F L 0 R I D A INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 10-1511 DATE: November 10, 2010 SUBJECT: Ordinance No. 10-032 - Lib rary and Law Enforcement Impact Feu BACKGROUND: The Board has previously adopted impact fees for libraries through Ordinance No. 00- 002 on May 9, 2000 and low enforcement through Ordinance No. 04-005 on April 6, 2004. Attached is a Technical Memorandum from Dr. James C. Nicholas titled "Methods Used to Update Library and Law Enforcement Impact Fees" dated April 5, 2010, which demonstrates a reasonable connection between the need for library and law enforcement improvements to be funded by the County and impact fees collected for libraries and law enforcement and the impacts on libraries and law enforcement generated by development in the incorporated municipalities (cities of Fort Pierce, Port St. Lucie and the Town of St. Lucie Village) and the unincorporated County. Also attached is draft Ordinance No. 10-032 which, if adopted, would implement the proposed increase in impact fees recommended by Dr. Nicholas. On October 21, 2010, the Planning and Zoning Commission by a vote of 7 to 2 recommended approval of the Ordinance updating library and law enforcement impact fees for consideration by the Board. The first public hearing was held on November 9, 2010. Notice of this public hearing was published in The Tribune on December 1, 2010. RECOMMENDATION/CONCLUSION Staff recommends that the Board adopt Ordinance No. 10-032 and authorize the Chairman to sign the Ordinance. Daniel S. County A D SM/caf Attachments Ily submi 1 ORDINANCE NO. 10-032 AN ORDINANCE AMENDING CHAPTER 1-11-11 "LIBRARIES IMPACT FEE," AND CHAPTER 1-18-03 "LAW ENFORCEMENT IMPACT FEE" OF THE CODE OF ST. LUCIE COUNTY; AMENDING SECTION 1-11-16 TO CHANGE THE AMOUNT OF THE LIBRARIES IMPACT FEE AND TO PROVIDE FOR ABANDONMENT OF USE IN CALCULATING LIBRARY IMPACT FEES; AMENDING SECTION 1-11-24 TO USE OF FUNDS TO PROVIDE FOR A REVISED TECHNICAL MEMORANDUM AND CHANGE THE MONTH FROM JANUARY TO JULY FOR SUBMITTAL OF THE ANNUAL CAPITAL IMPROVEMENT PROGRAM; AMENDING SECTION 1-18-08 TO CHANGE THE AMOUNT OF THE LAW ENFORCEMENT IMPACT FEE AND TO PROVIDE FOR ABANDONMENT OF USE IN CALCULATING LAW ENFORCEMENT IMPACT FEES; AMENDING SECTION 1-18- 15 USE OF FUNDS TO PROVIDE FOR A REVISED TECHNICAL MEMORANDUM AND CHANGE THE MONTH FROM JANUARY TO JULY FOR SUBMITTAL OF THE ANNUAL CAPITAL IMPROVEMENT PROGRAM; PROVIDING FOR SEVERABILITY, ALTERNATE METHOD, EFFECTIVE DATE AND FILING FINDINGS OF FACT: WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Board has previously adopted impact fees for libraries and law enforcement which fees were most recently revised on May 9, 2000 through the adoption of Ordinance No. 00-002 for library impact fees and on April 6, 2004 through the adoption of Ordinance No. 04-005 for law enforcement impact fees. 2. The Board has received a Technical Memorandum from Dr. James C. Nicholas entitled "Methods Used to Update Library and Law Enforcement Impact Fees" dated April 5, 2010. 3. The Nicholas study demonstrates a reasonable connection between the need for library and law enforcement improvements to be funded by the County and impact fees Underlined passages are added. -1- 3#rwek thra+gh passages are deleted. collected for libraries and law enforcement and the impacts on libraries and law enforcement generated by development in the incorporated municipalities (cities of Fort Pierce, Port St. Lucie and the Town of St. Lucie Village) and the unincorporated County. 4. Section 125.045, Florida Statutes, provides the County with the power to enhance and expand economic activity in the County including the authority to expend and use public funds toward achievement of the County's economic development goals. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. CHAPTER 1-11-11 LIBRARIES IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-11-16 AS FOLLOWS: Sec. 1- i i -16. Computation of the amount of libraries impact fees. (a) At the option of the feepayer, the amount of the fee may be determined by the following fee schedule. LIBRARIES IMPACT FEE COUNTYWIDE ASSESSMENT IMPACT FEE UNIT OF fee as of fee as o LAND USE TYPE MEASURE 05/093 g8 04 01 11 RESIDENTIAL Single-family Per unit $ *4 $ 237 Mobile home/RV Unit park only Per unit 405 159 Multi -family 1/2 floors Per unit 444 181 Multi -family 3+ floors Per unit 444 143 Hotel/motel (per room) Per room A 0 Bed & Breakfast (Guest Rooms) g 0 All other residential Per unit 464 237 If the type of development activity for which a building permit, or an electrical permit for a mobile home park or recreational vehicle park is applied for is not specif ied on the above Underline d passages are added. -2- 5truek OM-englt passages are deleted. fee schedule, the county administrator shall use the fee applicable to the most nearly comparable type of land use on the above fee schedule. (b) The person applying for the issuance of a building permit or an electrical permit for a mobile home park or recreational vehicle park may, at his option, submit evidence to the county administrator indicating that the fees set out to paragraph (a) above are not appropriate for his particular development. Based upon convincing and competent evidence, the county administrator may adjust the fee to that appropriate for the particular development. uIf a previous use has been either abandoned or otherwise inactive for a period of two consecutive years prior to the request for issuance of a building permit electrical permit for recreational vehicle parks or mobile home parks or zoning compliance certificate - the impact fee calculated shall be based upon the new use with an ad vestment for am impact fees paid for the previous use. PART B. CHAPTER 1-11-11 LIBRARIES IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY I5 HEREBY AMENDED BY AMENDING SECTION 1-16.3-23 AS FOLLOWS. Sec. 1-11-24. Use of funds. (a) The collecting governmental unit shall be entitled to up to but not more than four (4) per cent of the funds collected to compensate them for the actual administrative expense of collecting and administering the libraries impact fee ordinance. All remaining funds collected from libraries impact fees shall be used solely for the purpose of capital improvements to the county's libraries contained within the County's Comprehensive Plan and identified within the study Technical Memorandum entitledPublie Buildings Irapeet Fees for " .._:_ r ^�,` Methods Used to Update Library and Low Enforcement Impact Fees," dated April 5.2010, by Dr. James C. Nicholas, as modified based on public comments and submittals. which contains the most recent and localized data and which is incorporated by reference, and not for maintenance or operations. Land acquisition and improvements shall be of the type made necessary by the county's growth and development. (b) Each J'amuery lyly the county administrator shall present to the board of county commissioners a proposed capital improvement program for libraries and facilities, assigning funds, including any accrued interest, from the libraries impact fee trust fund to specific libraries improvements projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same libraries impact fee trust fund Underlined passages are added. -3- s1i uek iheaugk passages are deleted. until the next fiscal period except as provided by the refund provisions of this article. Funds shall,be deemed expended in the order received. (c) The Board of County Commissioners of St. Lucie County may enter into interlocal agreements with the governing bodies of the municipalities in St. Lucie County to ensure proper use of the funds collected pursuant to this article. PART C. CHAPTER 1-18-03 LAW ENFORCEMENT IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-18-08 AS FOLLOWS: Sec. 1-18-08. Computation of the amount of law enforcement impact fee. (a) At the option of the feepayer, the amount of the fee may be determined by the following fee schedule. The fees shown on the schedule reflect a zero (0) per cent discount. LAW ENFORCEMENT IMPACT FEE IMPACT FEE UNIT OF fee -as-o f fee as o LAND USE TYPE MEASURE 96f9Vr 04/01/11 RESIDENTIAL Single-family Per unit $469 226 Mobile home/RV Unit (park only) Per unit 444 152 Multi -family 1 and 2 floors Per unit 4.54 173 Multi -family 3 floors and up Per unit 15t 136 Hotel/motel Per room 444 148 Bed & breakfast (Guest rooms) Per room 444 148 All other residential Per unit 469 226 OFFICE & FINANCIAL Medical office Per 1,000 sq. ft. 2-59 365 General office Per 1,000 sq. ft. 162 195 RETAIL TRADE Under 100,000 sq. ft. Per 1,000 sq. ft. 606 287 100,000-499,000 sq. ft. Per 1,000 sq. ft. 6% 330 500,000 or more sq. ft. Per 1,000 sq. ft. W 262 Underlined passages are added. -4- 5+*neh+hreugh passages are deleted. UNIT OF #era -of fee as o LAND USE TYPE MEASURE G6AnAK 04/01/11 GASOLINE SERVICES G 63 (Per Service Position) Per pump stat INDUSTRIAL Per 1,000 sq. ft. -� Z8 Warehouse Truck terminal Per 1,000 sq. ft. 6� 65 45 General industrial Per 1,000 sq. ft. 49 INSTITUTIONAL Per 1,000 sq. ft. �G 295 School-Elem. School-Middle/high Per 1,000 s ft. q' 439 293 Day care center Per 1,000 sq. ft. 191 Fraternal organization Per 1,000 s ft. q' 6-3133 Hospital Per bed 6-3234 6-3198 Nursing home Per bed Per 1,000 sq. ft. 6-3297 Library RECREATIONAL 6-3 68 Park(city/county/state) Per acre 90 Recreation facility -All types Per 1,000 sq. ft. 149 Golf course Per acre G 34 Movie Theatres Per seat NOTE: "The fee schedule shown in this table is subject to annual revision based upon the provisions of section 1-18-19 of this article. If a building is requested for mixed uses, then the fee shall be determined through using the above schedule by apportioning the space committed to uses specified on the schedule. (b) If the type of development activity for which a building permit is applied is not specified on the above fee schedule, the county administrator shall use the fee applicable to the most nearly comparable type of land development on the above fee schedule. If the county administrator determines that there is no comparable type of land use on the above fee schedule, then the county administrator shall determine the fee by: _55- r,,, -# h passages are deleted. Underlined passages are added. (1) Applying the formula set forth in 1-18-08(b) hereof. The county administrator shall determine the applicable land use type. In the case of a change of use, redevelopment, or modification of an existing use which requires the issuance of a building permit, electrical permit for recreational vehicle parks or mobile home parks or zoning compliance certificate, the impact fee shall be based upon the net increase in the impact fee for the new use as compared to the previous use. If. however. the previous use has been either abandoned or otherwise inactive for a period of 2 consecutive years prior to the request for the issuance of a building permit electrical permit or recreational vehicle barks or mobile home parks or zoning compliance certificate then the impact fee calculated shall be based upon the new use with an adjustment for any impact fees paid for the previous use The following formula shall be used by the county administrator or his designee to determine the impact fee per unit: Cost per Unit = Capital Cost per Capita x Functional Population Impact Fee = Cost per Unit x Functional Population PART D. CHAPTER 1-17 LAW ENFORCEMENT IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-18-15 AS FOLLOWS: Sec. 1-18-15 Use of funds Per cent of the Ftmids 'e 'ihe wilily Fo. !I e adini !is! alive expense of eellee+iM enfe -ceivieo Fees shall be used solely- f ........ .9 ft +11-le eotin+y's M+9 Shall be oF 11 e +ype ivitide necessai y by !I e coutify's grow+lt cold develop tem. (a) All funds collected from low enforcement impact fees shall be used solely for the purpose of capital improvements or enhancements to law enforcement facilities as identified in the county's comprehensive plan or the comprehensive plans of the City of Fort Pierce, City of Port St. Lucie, St. Lucie Village or by the State of Florida and identified within the etndy technical memorandum entitled 'Aaads Inpacp Fees Fe Sh 6teieMethods Used to Update Library and Law Enforcement Impact Fees," dated Jv4-2966 April 5. 2010. by Dr. James C. Nicholas, which contains the most recent and localized data and which is incorporated by reference. Law enforcement impact fees shall not be used for maintenance or operation purposes. Such improvements shall be of the type as are made necessary by the new development. Underlined passages are added. -6_ Sirnelrfl+f passages are deleted. (b) Except as provided in paragraph W Ld of this section, all funds shall be used exclusively for identified law enforcement capital improvements. Funds shall be expended in the order in which they are collected. (c) Each January ,Luly the county administrator shall present to the board of county commissioners a proposed capital improvement program for law enforcement capital equipment assigning funds, including any accrued interest, from the several special revenue funds to specific law enforcement projects and related expenses. Moneys, including any accrued interest, not assigned in any fiscal year shall be retained in the same special revenue funds until the next fiscal year except as provided by the refund provisions of this article. (d) The collecting governmental entity shall be entitled to retain not more than four (4) per cent of all impact fee funds it collects to offset the actual costs of administering and enforcing this article. PART E. SEVERABILITY. Provisions of this Ordinance are severable; and if any section, subsection, sentence or clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this ordinance shall not be affected thereby. PART F. ALTERNATIVE METHOD. This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This ordinance, being necessary for the Public Health, Safety, and Welfare of the inhabitants of the County shall be liberally construed to affect the purposes hereof. PARK G. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within ten days after enactment by the Board. The Amendments to Section 1-11-24 "Use of Funds" and Section 1-18-15 "Use of Funds" shall become effective on April 1, 2011. The Amendments to Section 1-11-16 "Computation of the amount of libraries impact fee," and Section 1-18-08 "Computation of the amount of law enforcement impact fee" shall become effective on April 1, 2011. PART H. FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, the Capitol, Tallahassee, Florida 32304. Underlined passages are added. -7- siruek#hrougk passages are deleted. PART I. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Charles Grande Vice Chairman Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX XXX PART J. CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section," "article" or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts E to J shall not be codified. PASSED AND DULY ADOPTED this ATTEST: Deputy Clerk day of December 2010. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Underline passages are added. _8_ 5t*exk-:hrewlM► passages are deleted. Technical Memorandum on the Methods Used to Update Library and Law Enforcement Impact Fees Prepared for the Board of County Commissioners of St Lucie County By James C. April 5, 2010 Nicholas, Ph. D. Table of Contents I. Impact Fees...................................................................2 A. Impact Fees in Florida ............................... 2 B. St Lucie County Impact Fee Program................4 ........................... C. County Population Growth ........................... 9 ........................... II. Library Impact Fee ......................................................11 III. Law Enforcement........................................................16 IV. Summary ...................... 2010 Impact Fee Update April 5, 2010 -1- I. Impact Fees A. Impact Fees in Florida While there is adopted impact fee legislation in Florida,' there is no general enabling act that sets standards for the preparation and use of impact fees. Rather, impact Bees evolved through Florida's courts starting in the late 1960's and ultimately were recognized as being within a local government's home rule authority. This method of evolution was perhaps the only option since Florida cities and counties were exploring new issues of governance and government finance following the adoption of the new constitution in 1968, which granted broad home rule authority while requiring authori- zation by general law for the imposition of taxes. The body of law that came out of this evolutionary process clearly established that: • Impact Fees are permissible as exercise of the police powers; • Impact fees cannot exceed a pro rata share of the reasonably anticipated costs of expanding facilities required to serve new development; • Impact fees cannot be imposed or structured to provide a "windfall' to existing residents; and • Impact fees must satisfy the dual rational nexus between the need for facility improvements and new development. The Florida Supreme Court, beginning with Contractors and Builders Association of Pinellas County v City Of Dunedin, 329 So. 2d 314 (Fla. 1976), dealt first with the conditions under which impact fees may be utilized and then with the amounts that may be charged as impact fees. In Dunedin the Florida Supreme Court wrote: Raising expansion capital by setting connection charges, which do not ex- ceed a pro rata share of reasonably anticipated costs of expansion, is per- missible where expansion is reasonably required, if use of the money col- lected is limited to meeting the costs of expansion. Users 'who benefit es- pecially, not from the maintenance of the system, but by the extension of the system ... should bear the cost of that extension.' (citations omitted) The Dunedin court also makes clear that such charges, now known as impact fees, are not unlimited. Extending their rationale: Mhe cost of new facilities should be bome by new users to the extent new use requires new facilities, but only to that extent. When new facili- ' See 163..31801, Florida Statutes. 2010 Impact Fee Update April 5.2010 - 2 - ties must be built in any event, looking only to new users for necessary capital gives old users a windfall at the expense of new users. New users can be held responsible only for the costs attributable to new use and not for other costs, especially any charge that would yield a "windfall' to the existing community. Dunedin was a case involving a municipally owned water and sewer utility. It fell to Hollywood Inc. v Broward County, 431 So.2d 606 (Fla. 0 DCA 1983) to deal with the application of the Dunedin logic to parks, a facility that the Florida cities of Gulf Breeze, Maitland, and Hollywood unsuccessfully tried to fund with development charges. In Hollywood Inc. the court wrote: [Me discern the general legal principle that reasonable dedication or im- pact fee requirements are permissible so long as they offset needs suffi- ciently attributable to the subdivision and so long as the funds collected are sufficiently earmarked for the substantial benefit of the subdivision residents. In order to satisfy these requirements, the local government must demonstrate a reasonable connection, or rational nexus, between the need for additional capital facilities and the growth in population gen- erated by the subdivision. In addition, the government must show a rea- sonable connection, or rational nexus, between the expenditures'of the funds collected and the benefits accruing to the subdivision. In order to satisfy this latter requirement, the ordinance must specifically earmark the funds collected for use in acquiring capital facilities to benefit the new res- idents. The Hollywood Inc. Court provides the principles of the Dual Rational Nexus Test. Specifically, that: • The local government must demonstrate a reasonable connection, or rational nexus, between the need for additional capital faciNties and the growth gener- ated by the development being charged the impact fees, and • The government must specifically earmark the funds collected for use in ac- quiring capital facilities to benefit the development charged the impact fees. The paramount issue with respect to impact fees is nexus. There must be a nexus2 between new development and the need to expand infrastructure. The establishment pl of a nexus begins with the levels of service that are set out in the comprehensive an. The second crucial issue is the identification of a pro rate share of the cost of expanding that infrastructure. This is to be accomplished in the consultant's report. During the 2006 session, an act was passed by the Florida Legislature and signed into z In NoNan v Ca/dbmia Coastal Commission (107 S. Ct. 3141, 1987), Justice Scalia characterized a nexus as `essential.' 2010 Impact Fee Update April 5, 2010 _3 _ law by the Governor that dealt with impact fees.3 The only portions of this act that deal with the calculation of impact fees are the requirements that calculation of impact fees be based on the most recent and localized data. The general criteria for impact fees in Florida are: • Impact fees adopted must be based upon the establishment of a nexus be- tween new development and the need to expand infrastructure; • The calculation of impact fees must use the most recent and localized data; and • The resulting impact fees may be no more than a pro rate share of the reason- ably anticipated cost of expanding that infrastructure. B. St Lucie County Impact Fee Program. St. Lucie County was one of the first counties in Florida to adopt impact fees. In 1986 the County adopted road impact fees while park & recreation, public buildings, law enforcement, fire protection, public libraries, and public education impact fees followed later. St Lucie County has implemented a system of countywide development impact fees. These fees are; • Roads, • Parks and recreation, • Public buildings, • Law enforcement (sheriff), • Fire protection and EMS, • Public libraries, and Public education. The County has updated its impact fees in 2000, 2003, and 2010. In addition, impact fees have been annually adjusted by the Consumers' Price Index (CPI). Road, park and public building impact fees were revised and updated in 2009. These changes were phased in, with 50% of the increase becoming effective Apr! 1, 2010, and the second step on December 2, 2010. The existing impact fees as of April 1, 2010 are shown in Table 1-1 At this time the County's library and law enforcement impact fees are being updated. 3 .The Florida Impact Fee Act,- 163.31801, Florida Statutes. 2010 Impact Fee Update April 5, 2010 - 4 - TABLE I -la EXISTING IMPACT FEES (412010) ST LUCIE COUNTY 2010 Impact Fee Update April 5, 2010 -5- TABLE I-1b EXISTING IMPACT FEES(412010) ST LUCIE COUNTY NORTH ISLAND LAND USE Scmols Part "my B,mw Flraffim I Law I Roads TOTAL RESIDENTIAL: Sftle Family $5,447 $979 $205 $239 $525 $194 52,848 $10,437 MOM HomefRec. Vehicle $1,572 $541 $184 $156 $107 $128 $1,484 $4,273 Multi-Famity 1 d 2 Story $2,787 $872 $133 $213 $106 $174 $2,472 $6,757 Muki•Fam 3 + Stories $2,767 $872 $133 $213 $106 $174 81,5W $5,817 HoIe~91- Room 1 $0 $648 SO $160 $245 $130 84,205 $5,469 Bed 3 Breakfast - Room i0 5848 SO 9180 $246 $130 32 429 $3,813 All Other Residential $5,447 1 $978 $205 1 $239 $W5 1 $194 1 $3,157 L $10.744 OFFICE AND FINANCIAL PER 1000 FT': General Office $0 1 $0 $0 1 $210 1 $310 1 S298 I $711Z $1,529 Medical Ofke $0 $0 $0 $W4 $310 1 $186 $1,210 1 $2,100 RETAIL PER 1,000 FT': Under 100,000 F72 SO SO $0 $310 $487 $011 $7 5W $2 995 100,000-499,999 FT' SO SO $0 8356 $07 $W4 $1,4W $3,116 500,000 8 Over SO $0 $0 $283 $487 $688 $1.400 $2.928 GASOLINE SERVICES: Service Station Per Position SO SO SO $W $1.610 $698 $819 83,195 INDUSTRIAL PER 1,9W FT': Warehouse $0 $0 $0 $30 $70 $36 $179 $316 Truck Terminal $0 SO $0 $70 S70 $71 $359 $570 Generallndustriel SO $0 SO S48 $70 S58 S195 8369 INSTmNIONAL• School - Elem. Per 1,000 FT= $0 $0 SO $318 5468 8242 $5% $1,624 School Middie/High Per 1,000 FT' SO SO SO $317 5468 8160 $W7 S1,532 Day Care Per 1,000 FT' $0 $0 SO $206 $408 $153 $577 $1.404 Fraternal Org. Per 1,000 FT' 80 $0 $0 $0 $468 $72 $671 $1,211 Hospital Per 1,0D0 FT' SO SO $0 $252 $468 $72 $1,107 $1,899 Nursing Home Per 1 000 FT' $D $0 $0 1 $213 81,1W $72 $211 81,6W lib Per 1,000 FT' SO S0 SO $321 UN $73 $1,508 $2,428 RECREATIONAL: Paris Public Par Acre i0 SO S0 $73 $44 $73 $200 $395 Recreation Facift Per 1,000 FT' SO $0 $0 S98 $44 $73 $255 $469 Golf Comae Per Acre $0 $0 $0 $180 $44 $73 $374 5850 Movie Theatres per Seat $0 $0 50 $37 $487 $73 $34 $631 2010 Impact Fee Update April 5, 2010 - 6 - TABLE I-1c EXISTING IMPACT FEES 412010) ST LUCIE COUNTY 2010 Impact Fee Update April 5, 2010 -7- TABLE I-1 d EXISTING IMPACT FEES 412010) ST LUCIE COUNTY SOUTH MLANn LAND USE Sahooh Parka Library FYNEMS I Law Reeds TOTAL RESIDENTIAL: S' le Family $5,447 $979 5205 $239 3525 $194 $3,053 $10,671 Mobile HomelRec. Vehicle $1,572 $841 $164 $156 $107 $128 $1.593 $4.382 Multi-Farnily 1 3 2 S $2,787 $672 $133 $213 106 $174 52,860 $6,90 MultW 3 + Stories $2,787 $872 $133 $213 $106 $174 $1,282 $5,567 HdellMotel - Room 30 $60 $0 $160 $245 $130 $3.246 $4,429 Bed 8 Breakfast - Room SO 3848 $0 $160 $246 $130 $1,739 $2,923 All Other Residential $5.447 S978 2205 2239 3525 $194 52.958 310,546 OFFICE AND FINANCIAL PER 1,000 FT': Genera101fice W $0 $0 $210 $310 S298 $626 $1,444 Medical Office SO SO 30 5394 5310 3188 51,624 $2,514 RETAIL PER 1,000 FT': Under 100,000 FT' $0 30 $0 $310 $487 $698 $1.315 $2.810 100,000-499,999 FT' $0 $0 $0 S356 U87 S804 $1,292 $2,939 WWI) 6 Over SO 30 $0 $283 3467 $688 $1,209 $2,748 GASOLINE SERVICES: Service Station Per Position SO SO 30 SW $1 810 SMTil.4" $3,820 INDUSTRIAL PER 1,000 FT: Warehouse SO 30 30 S30 370 396 VMS 5292 Truck Terminal 30 30 SO $70 $70 $71 5318 $529 General kdustriel $0 $0 $0 i18 $70 $56 2170 $344 INSTITUTIONAL- Shcod - Elam. Per 1,000 FT' $0 $0 30 $318 $468 $242 $517 $1,546 Sdwd Middle/High Per 1,000 FT' 30 SO $0 $317 3488 $180 $519 $1,464 Day Care Per 1,000 FT' $0 30 SO $206 3468 $153 $504 $1,331 Fralemd Org. Per 1,000 FT' 30 $0 $0 30 $468 $72 $587 $1.127 HosplW Per 1,000 FT' $0 $0 $0 $252 s468 :72 SW 31,754 NurskV Home Per 1,000 FT' 30 $0 $0 $213 $1.159 $72 1 $193 S1,6W Library Per 1,000 FT' 30 30 30 3321 $408 1 373 1 S1,375 $2,237 RECREATIONAL: Park Public Per Acre $0 30 $0 $73 $44 $73 $183 $372 Recreation Facility Per 1.000 FT' $0 SO $0 $98 $44 $73 $221 $435 Golf Course Per Acre $0 $0 30 $160 344 $73 $323 $500 Movie Theatres perSeat $0 $0 $0 S37 54-7 $73 S29 $626 2010 Impact Fee Update April 5, 2010 - 8 - C. County Population Growth. In order to develop equitable impact fees it is first necessary to identify demographic parameters for the county. Table 1-2 sets out the historic and current growth of St Lucie County. St Lucie County, like the rest of Florida and the nation, is experiencing TABLE 1-2 POPULATION AND DWELLING UNIT$ ST LUCIE COUNTY 1980-2010 Population -6;vi-111nas 1980 87,182 40,915 1981 93,705 1982 99,705 1983 104,673 19" 109, 833 1985 114,738 1986 119,960 1987 126,105 1988 132,416 1989 139.655 1990 150,171 73,843 1991 155,368 1992 159,302 1993 163,831 19" 167,833 1995 172 212 1996 176,272 1997 180,338 1998 184,242 1999 188,327 2000 192,695 91.262 2001 198,211 95,384 2002 205,340 100,536 2003 211,898 105,588 2004 226,216 111,354 2005 240,039 117,020 2006 259,315 125 519 2007 1 271,961 131,640 2008 1 276,585 133,878 2009 272 864 1 135,217 2010' 276 658 1 136,250 buUKUL: f-iorwa O tce of Economic and Demographic Research. *Estimated 2010 Impact Fee Update April 5, 2010 - g - an economic recession. This is not the first nor will it be the last recession. This recession is somewhat unique in that it followed an unsustainable boom in new constriction, the result of which has been a significant inventory of houses for sale. Growth has been an important component of Florida's and St Lucie County's econo- mies. This has been the case for a number of years. History has shown that economic recovery will follow this recession. Of course, no one knows when this recovery will begin or how long it will take to absorb the existing inventory. Figure 1 shows the population growth per year by decade for the State of Florida. These data show that there have been ups and downs before and most likely there will be again. But every down has been followed by an up. And the up to come is what St Lucie County must be planning for. FloridaAnnual Population Growth State of •11 111 350.000 300.000 1 111 > ' R ■r '9 .; ■ u.. i 1 11 20 40 .1 :1 2010 Impact Fee Update April 5, 2010 -10 - II. Library Impact Fee Public libraries are a service provided countywide and receive capital funding from impact fees. St. Lucie County has insufficient receipts from the state library grant program to finance library buildings and materials acquisition to keep pace with new development. Therefore, the Board of County Commissioners has charged Public Library Impact Fees to raise the funds that would be required to provide new development with library buildings and an adequate collection of library mate- rials. The levels of service incorporated into these calculations are the existing provisions of library items per capita together with needed building space, again per capita. The library service parameters utilized are shown in Tables II-1 and II-2. These parameters are the basis for the costs, also shown in Tables 16 and 17. The State of Florida provides grants to local governments to provide libraries. Over the past 4 years (2006-07 to 2008-09), St. Lucie County has received a total of $120,966 in library assistance or grants from the state for capital expenses. Historically St. Lucie County has paid for library capital improvements from a combination of state aid and general revenues. While state aid and general revenues will continue to be sources of library improvement funding at progressively reduced levels, the need for library impact fees to implement capital improvements will be critical. The state aid has amounted to 7.9% of total capital expenditures of the library system. An impact fee Offset of 7.9% is incorporated into the calculation for the updated library impact fee. The formula for the library impact fee is: LIBRARY COST PER UNIT = ITEMS PER CAPITA x COST PER ITEM OFFSET PER UNIT = [COST - (.079 * OCCUPANCY)] NET COST PER UNIT = LIBRARY COST PER UNIT — OFFSET PER UNIT. 2010 Impact Fee Update April 5, 2010 - 11 - TABLE 11-1 LIBRARY BUILDINGS Library Square Footage Building Value Contents Value Fort Pierce 23,000 $2.494,900 $2,056,200 Zora Neale Hurston 5 200 $602.900 $602,200 Lakewood Park 10.000 $1 098 000 $888,500 Momin side 20.000. S2,387 100 51,764,700 Port St Lucie 4,800 $550,400 $543,300 Totals 63,000 $7,133,300 $5,854,900 Total Value $12 988 200 Value per Foot $206.16 Comparative Library Costs ENR 2008 219.34 ENR 2009 249.02 Martin ounty 2009 239.59 Population Served 276,658 Floor Area per Capita 0.228 Building Cost per Capita $46.95 SOURCE: St Lucie County Libraries, Engineering New Record, Square Foot Cost Book. 2008, 2009 6 2010, and Table _ TABLE II-2 LIBRARY MATERIALS Item Number Cost per Item Books 265,535 $34.65 Reference Materials 28,147 $100.95 Audio/Visual Materials 24,568 $59.51 Computer Equipment - Public Use 1 100 1 $995.00 Replacement Value - All Items $13,603,769 276,658 Population Served Items per Capita Books 0.96 Reference Materials 0.10 AudiolVisual Materials 1 0.09 —Computer Equipment - Public Use 0.0004 Materials Cost per Capita $49.17 5OURCE: 5t Lucie County Libraries, February, 2010. 2010 Impact Fee Update April 5, 2010 - 12 - TABLE u-3 LIBRARY EXPENDITURES BY SOURCE nF Minna General Funds State Aid Total FY06 Books $266 413 $20,0051 $286,418 Subscriptions $164 934 $2 461 $167 395 AV $43 269 $9,052T $52,321 FY07 Books $301065 $25 303 $326 368 ubscri 'ons S,532 $161 $2 595 i164 127 AV $54,379 513,7 92 $68,172 FY08 Books $316 746 $14 705 $331451 Subscriptions $119,279 $0 $119,279 AV $78,459 $19,609 $98,068 FY09 Books $289 268 $17,318 $306.586 SubscriDtions $123 581 $123 581 AV $66,579 $1,1821 $67,761 Totals $1,985,505 $126,022 $2111,527 Percent 94.0% 6.0% 100% Books and AV $1 418 178 $120 966 $1 537 144 Percent 92.1 % 7.9% 100% awrNL.r-: Jl wcae coun[y Uoranes, February, 2010. TABLE N4 LIBRARY LEVEL nF RFRvr_F --- Level of Service: Buildings — Feet r Ca 'ta 0.228 Materials — Items per Capita; Books 0.96 Reference Materials 0.10 Audio/Visual Materials 0.09 COMPuter Equipment - Public Use 0.0004 Cost per Capita: Buildings $46.95 Materials $49.17 Total $96.12 2010 Impact Fee Update April 5, 2010 -13 - TABLE N-5 UPDATED PUBLIC LIBRARY IMPACT FEE LAND USES Occupancy Cost Credit Net Cost `Fee % Change Single Family 2.673 $256.97 $20.22 $236.75 $205 15.44% Mobile Home/Rec. Vehicle 1.794 $172.39 $13.57 $158.82 $184 -13.80% Multi-Family1 & 2 Story 2.042 $196.24 $15.44 $180.79 $133 35.68% Multi-Family3 + Stories 1.612 $154.90 1 $12.19 $142.71 5133 7.10% Hotel/Motel - Room 1.750 $0.00 $0.00 $0.00 $0 Bed & Breakfast - Room 1.750 $0.00 $0.00 $0.00 $0 All Other Residential 2.673 $256.97 $20.22 $236.75 $206 15.44% Table II-5 shows the updated library impact along with the existing fee, and the percentage change. Some fees went down because the occupancy characteris- tics of certain units, primarily mobile homes, have changed since the 2000 census. Table II-6 contrastes the updated St Lucie County public library impact fee for those of other Florida counties. The updated library fee is almost exactly at the state average. TABLE N4S COMPARATIVE LIBRARY IMPACT FEES County Library Impact Fee Seftnole $54.00 Brevard $63.84 Wakulla $119.00 Pasco $144.58 Hernando $154.00 Charlotte $160.00 Palm Beach $160.84 Desoto $163.00 Lake $191.00 Polk $197.00 St Lucie $205.00 Bradford $210.00 Monroe $242.00 Hi Wands $244.62 Citrus $251.26 2010 impact Fee Update April 5, 2010 -14 - TABLE " COMPARATIVE LIBRARY IMPACT FFFA County Ubrary Impact Fee Sarasota $380.00 Martin $456.00 Indian River $483.00 Collier $506.00 Mean $230.80 Median $197.00 St Lucie Updated $236.75 2010 Impact Fee Update April 5, 2010 -15 - III. Law Enforcement The growth of the County has resulted in growth in the need for law enforcement services. In St. Lucie County law enforcement is provided countywide by the St. Lucie County Sheriff. Table III-1 sets out the law enforcement parameters used and Table III-3 shows the needs and costs by land use type. In Table III-2, the cost of law enforcement on a basis of per sworn officer, per capita and per call for service. Cost per capita will be used to calculate impact fees. Table III-1 LAW ENFORCEMENT PARAMETERS ST. LUCIE COUNTY STANDARDS: 2010 Sworn Personnel Patrol 228 Per 1,000 Population 0.82 Population Served 276,658 Calls for Service 121,168 Calls per Capita 0.438 Re0acernent cost of: Buildings, inducting land $7 504 800 E ui ment & Vehicles $50,949,287 Total $68,454,087 Cost per Sworn Personnel $256 378 Cost per Capita $21129 Cost per Call for Service $482.42 SOURCE: St. Lucie County Sheriffs Office, March 2010. The formula for calculating the law enforcement impact fee is: COST PER UNIT = CAPITAL COST PER CAPITA x FUNCTIONAL POPULATION IMPACT FEE = COST PER UNIT x FUNCTIONAL POPULATION. There is no existing indebtedness for the law enforcement. All costs are on a pay- as-you-go basis. 2010 Impact Fee Update April 5, 2010 -16 - Table 111-2 &-Aw TIEURGEMENT CAPITAL FACILITIES Buildings: Sq Ft Replacement Content Office Budding48,557 Cost $5,050,000 Value 31,334,800 Public Works Gara 9,405 $534 200 $261 000 Boiler Buildi 1 512 $76,000 $41 600 Park Shelter - n 864 $35,200 $0 Public Works Shed 220 $6,300 $2.400 Public Works Shed 600 $17,200 $6,700 Public Works Shed 360 $10 300 $4 000 Public Works Shed 288 $8 200 $3 200 Park Shelter - Enclosed 960 $59,500 $5,400 Stora a Bid -Block 144 $4,200 $1,600 Observation Tower 312 $25 700 $1 700 Park Shelter - O n 225 85 $00 . $0 Public Works Shed 180 $00 $2,00 Buildin Totals 63,717 $5,840 400 $1,664.400 EDP - Hardware $12,204,000 EDP - Software $5.000,000 Communications Eau! ment; Antennas/Towers $7,800,000 Radios $2,102,655 Vehicle Fleet; No. Value Police Cruisers 2801 7 347,365 Fire Private Passenger 0 1 $0 Ali Other Private Passenger 341 $564 292 Buses 1 $92 350 Light Trucks & Vans 292 $5,428,086 Medium Trucks 61 $4,528,483 Heavy Trucks 0 $0 Motorcycles 0 $0 Trailers 102 $1,222,056 Documents Irnaging System $381,133 1 Series Redundancy $65,000 Messa a Switching Enhancement $100,000 Forward Looiung Infrared $250,000 EPIX IffegingS stem $21,300 EOD Field Irnaging System $25,225 Bomb Vehicle $258,398 Video Enhancement System $42,098 Miscellaneous Equipment $3 516,846 Total $58 087 Population Served 276,658 Cost per Capita $211 29 5vUkL&: St Lucie County Sherifrs Department, March 2010. 2010 Impact Fee Update April 5, 2010 -17- Table 111-3 LAW ENFORCEMENT NET COST BY LAND USF LAND USES Occupancy Updated Exists % Cha Single Family 1.069 $225.95 $194 16.69% Mobile Home/Rec. Vehicle 0.717 $151.58 $128 18.42% Multi-Farnily 1 & 2 Story 0.817 $172.55 $174 -0.75% Multi -Farm 3; Stories 0.645 $136.20 $174 -21.66% Hotel/Motel - Room 0.700 1 $147.90 $130 13.66% Bed ri Breakfast - Room 0.700 1 $147.90 F $130 13.66% All Other Residential 1.069 1 $225.95 $194 16.69% OFFICE AND FINANCIAL PER 1,000 FP: General Office 0.923 $194.91 $298 -34.53% Medical Office 1.727 $364.91 $186 95.83% RETAIL PER 1,000 FT=: Under 100 000 FT2 1.361 $287.46 $698 -58.82% 100 000-499 999 FT' 1.564 $330.36 $804 -58.89% 500,000 & Over 1.242 $262.46 $688 -61.86% GASOLINE SERVICES: Service Station Per Position 0.297 $62.84 $698-91.00% INDUSTRIAL PER 1,000 FT': Warehouse 0.132 $27.80 $36 -23.70% Truck Terminal 0.308 $65.18 $71 -7.93% General Industrial 0.211 $44.60 S56 -20.65% INSTITUTIONAL: School - Elem. Per 1,000 FT= 1.396 $295.00 $242 22.15% School - Wddle/H' h Per 1,000 FT= 1.388 $293.35 $160 82.98% Day Care Per 1,000 FT' 0.903 $190.83 $153 24.70% Fratemal Org. Per 1,000 FT' 0.819 $173.04 $72 140.91% Hospital Per 1,000 FT' 1.106 1 $233.67 $72 225.31% Nursing Home Per 1,000 FT' 0.936 $197.76 $72 175.33% Library Per 1,000 FT= 1.407 $297.31 $73 308.00% RECREATIONAL: Park Public Per Acre 0.320 $67.63 $73 -7.19% Recreation Facility all Per 1,000 FT= 0.428 $90.37 $73 24.01% Golf Course Per Acre 0.703 $148.57 $73 103.88% Movie Theatres per Seat 0.163 $34.47 $73 -52.70% 2010 Impact Fee Update April 5, 2010 -18 - The calculations herein utilize a "functional population." This concept allocates people's time to the various places that they may be expected to be found. The following table shows the number of people that are expected to be at a particular site that will be served by the St Lucie County Sheriffs Department. Table uK FtIMCTInMa1 onnur •TV1u 0 ...w... -- LAND USES v no" Total Persona V r ivNIG W ErtlpiOyeaa VYn1 I T Nolen per vlaft" pats per tIYNk Funcdonal Population Si b Fam Moblle FbnlsA2ec vehicle 2.6T3 1.794 1 069 0.717 Multi -Family 1 3 2 StDry 2.042 0.817 MuNFFam 3 + Stories 1.812 0.645 HGWJ Hotel - Room 1.750 0.700 Bad d Breakfast - Room 1.750 0.700 AN Other Residential 2.673 1.089 OFFICE AND FINANCIAL PER 1,000 FT': Genera101fioe 8.68 1 3.00 0.50 1 6.00 1 0.92 Medical Of = 30.03 4.00 1.00 5.00 1.73 RETAIL PER 1,000 FT': Under 100,000 FT' 36.90 1 3.75 0.08 7.00 1.36 100,00D.499,999 FT' 24.67 3.50 0.45 7.00 1.56 500,000 3 Over 18.38 2.75 0.50 7.00 1.24 GASOLINE SERVICES: Service Station Per Position 84-28 0.05 0.08 7.00 0.30 INDUSTRIAL PER 1,000 FT': Wamhowe 1.34 1 0.50 0.50 5.00 D.13 Truk Terminal 2.71 1.25 025 5.00 1 0.31 Generallrlduafral 1.49 0.80 1.00 5.00 0. INSTITUTNAL: IO Sdwd - Elem. Per 1,000 FT' 9.02 0.60 5.00 5.00 1.40 School - MiddleMbh Per 1,000 FT' 8.94 0.06 5.00 5.00 1.39 DBY Care Per 1,000 FT' 59.45 0.08 0.50 5.00 0.90 Frabmel Org. Per 1,000 FT' 5.47 2.00 2.00 6.00 0.82 HMMI Per 1,000 FT' 10.07 3.10 0.25 7.00 1.11 MwskV Nome Per 1,000 FT' 2.23 3.00 2.00 7.00 D.94 Library Per 1,000 FT' 1 32.40 1 1.00 1.00 6.00 1.41 RECREATIONAL: Park ublie Per Acre 2.39 0.10 3.00 7.00 0.32 Recreation F al Per 1,000 FT' 3.26 0.10 3.00 7.00 0.43 Golf Course Per Acre 5.29 0.20 3.00 7.00 0.70 Movie Theatres per Seat 1.84 0.04 2.00 7.00 0.16 2010 Impact Fee Update April 5, 2010 -19- The updated public buildings impact fee for a single family home is contrasted with other existing law enforcement impact fees. Table O" EXISTING LAW ENFORCEMENT IMPACT RMIA County Public Bldg Brevard $72 Hemando $99 Nassau $150 Monroe $150 Palm Beach $171 St. Johns $188 Orange $193 St Luse $194 Wakulle 5236 Inolan River $244 Citrus $257 Charlotte $300 Columbia $406 Polk $410 MiamVDade $411 Martin $429 Collier $531 DeSoto $538 Bradford $886 Manatee $839 Sarasota $880 Highlands $915 Mean 5377 Median $279 St Luck U - Hialvest 4=10 $229 2010 Impact Fee Update April 5, 2010 -20- IV. Summary Table IV-1 a through IV 1d summarize the updated impact fees and add in the other impact fees to get a picture of all impact fees to be imposed by St Lucie County. Following the five updated and recommended fee schedules, Tables IV-3 and IV-4 show the percentage changes in impact fees by area of St Lucie County. Lastly, Table IV-5 contrasts the total impact fees recommended with impact fees presently in existence in other Florida counties. 2010 Impact Fee Update April 5, 2010 - 21 - Table IV -In RECOMMENDED IMPACT FEES MAINLAND LAND USE Roads B Parks School LNDrary EM8 Law Total RESDENTIAL: -SWiple Family $3,388 $239 $979 $5,447 $237 $525 $226 $11,040 Motlib Home/Roc, Vehicle 31,893 $156 $041 $1,572 $159 $107 $152 $4,4W WAIF 1 a 2 Slory $2,469 $213 $872 $2,787 $181 $106 $173 $6,801 MuREFami 3 + Stories $1,293 $213 $872 $2,787 $143 $105 $136 s5,5W HobHMotel - Room $2.871 $180 $548 s0 $0 $245 $148 $4,071 Bed a Breakfast - Room $1,543 $100 s648 so s0 S246 $148 $2,744 AN Other Residential $3,0W $239 $978 $5,447 s237 SW5 =6 $10,706 OFFICE AND FWANCIAL PER 1000 FT - General Office $1.987 $210 $0 $0 $0 $310 $195 $2,702 Medical Ofte $3,529 $394 So s0 $0 $310 $365 1 $4,598 RETAL PER 1 FT': Under 100.000 FT' $3,891 $310 s0 s0 50 $487 $287 $4,976 100,000-499,999 Fr $3.50 $356 $0 $0 $0 $487 $330 $5,069 5W 000 a over $4,171 $283 so so $0 $07 SN2 $5,4o3 GASOLINE SERVICES: Service Station Per Posftn $2,5W SW s0 $0 $0 IS1.6110 1 $63 1 $4,350 WDUSTRIAL PER 1000 FT - Warehouse $581 $30 $0 s0 s0 s70 $28 $709 Truck Terminal $1,169 $70 $0 s0 50 $70 $65 $1,374 General Industrial $639 so s0 $0 30 1 $70 s45 $801 VISTITUTIONAL: Schad - Hem. Per 1.000 FT' $1,514 $318 $0 $0 $0 $468 S295 $2,595 School - MiddtelH' h Per 1,000 Fr $1,494 $317 s0 $0 $0 SW s293 S2,572 Day Care Per 1,000 FT' $1,533 $206 s0 $0 $0 s468 $191 $2,398 Frotemal Org. Per 1,000 FT' $1,734 s0 s0 s0 $0 $468 $173 $2,375 Hospool Per 1,000 FT' S2,827 $252 s0 $0 $0 $468 $234 $3,781 Home Per 1,000 FT' $549 $213 s0 s0 s0 $1,159 $198 $2,119 Lbrary Per 1,000 FT' 53,9W $321 $0 $0 $0 1i48e U97 $5,079 RECREATIONAL: Park Public Per Acre $429 $73 s0 $0 s0 $44 $W $514 Recreation Foci a Per 1,000 FT' $594 $98 $0 s0 $0 $44 $90 $826 Golf Course Per Acre $No $160 $0 $0 $0 $44 $149 $1,312 Movie Theatres per Seat $81 $37 $0 s0 $0 $487 $34 $640 2010 Impact Fee Update April 5, 2010 - 22 - Table IV-1 b RECOMMENDED IMPACT FEES NORTH ISLAND LAND USE Roads B� Parks Sebool library * Law Tefal RESIDENTIAL: Single Family i2,848 $239 $979 $6.447 $237 $525 i226 $10.500 Mobile HomelRec. Vehide $1,484 $156 wil 61,572 i159 $107 $152 $4,271 Willi -Family 1 3 2 Story $2,472 $213 $872 $2,767 $181 $106 $173 $6,B03 Multi -Family 3 Stories $1,532 $213 $872 $2,787 $143 $106 $136 $5,789 Hole~el - Room $4,285 $100 $848 s0 30 $245 $148 $5,497 Bad d Breakfast - Room $2,429 $180 $648 $0 $0 $248 $148 $3,630 AN Other Residential $3,157 $239 i978 $5,447 $237 $525 s226 $10,808 OFFICE AND FWANCIAL PER 1000 FT': General Office $711 $210 S0 s0 s0 s310 i195 51,426 Medical Office $1,210 i394 $0 $0 $0 $310 $365 $2.279 RETAIL PER 1A00 FT': Under 100.000 FT' $1.500 5310 s0 s0 $0 s487 U287 $2,585 100,000499,999 FT' $1,469 $356 s0 s0 $0 $457 s930 $2,643 5W.000 3 over $1.469 i283 s0 $0 $0 $487 S262 52.5W GASOLNE SERVICES: SerAceStationPer Position 3819 i66 $0 $0 $0 $1,610 $63 $2,5150 WDUSTRIAL PER 1,000 FT: Warehouse $179 $30 s0 s0 $0 S70 s28 T $307 Truck Terminal SM9 $70 $0 $0 50 $70 $65 $5155 Generallndustrial $195 348 $0 $0 $0 $70 i45 $3W RSTITUTIONAL: Sdwd - Elem. Per 1,000 FT' $596 $318 $0 $0 $0 $488 =95 $1,678 ScJwol - Middlefl-ligh Per 1.000 FT' s587 $317 $0 $0 s0 $488 $293 $1,065 Day Care Per 1,000 FT' $577 $206 $0 $0 $0 $468 $191 $1,442 Fratemal Org. Per 1,000 FT' $871 s0 $0 $0 $0 $468 $173 $1,312 Ral Per 1,000 FT' $1,107 $252 $0 s0 $0 64M $234 32,060 Nursing Hone Per 1,000 FT' $211 $213 $0 s0 s0 $1.159 $198 $1,782 Lbrwy Per 1,000 FT' $1,566 $321 so $0 50 $468 $297 $2.553 RECREATIONAL Park(Public) Per Acre $205 $73 $0 $0 s0 $44 $58 s390 Reoeation F a Per 1,000 FT' $255 $98 $0 s0 $0 $44 $90 $486 Get Course Per Acre $374 $180 s0 s0 $0 $44 $149 $726 MOVIE Theatres per Seat s34 $37 $0 $0 50 $467 $34 $593 2010 Impact Fee Update ApM 5, 2010 - 23 - Table N-1d RECOMMENDED IMPACT FEES SOUTH ISLAND LAND USE Roads Part SCh001 Ubnry I Law Total RESIDENTIAL: SWb Fa $3,083 $239 $979 $5,447 $237 $525 $226 $10,735 Mobile HomelRec. Vehicle $1,593 $156 $041 i1,572 $159 $107 $152 $4,300 Multi-Fern1 3 2 StM $2,680 $213 $872 $2.787 $181 $108 $173 $8,991 Multi-F 3+Stories $1,282 $213 $872 $2,787 $143 $106 $136 $5,530 FkftU tel - Room $3.246 $160 $648 $0 $0 $245 $148 $4,447 Bed 6 Breakfast - Room 51.739 $100 s648 $0 $0 $246 $148 $2,940 AN Other Reskientiei $2.91% s239 $978 $5,447 s237 $525 =6 $10.610 OFFICE AND FINANCIAL PER 1,000 FT': Genere101fire $626 $210 s0 $0 $0 $310 $195 $1,342 Medical Office $1,024 U94 50 30 $0 $310 $365 $2,693 RETAIL PER 1,000 FT': Under 100,000 FT' $1,315 $310 s0 $0 30 $07 $287 $2,400 100,000-499,999 FT' $1.292 $356 $O $0 SO s487 s330 $2,4W 500.000 & Over $1,2W 5283 s0 $0 50 $487 $262 $2,322 GASOLINE SERVICES: Service Station Per Position $1,444 SW $0 $0 $0 $1,610 $63 $3,185 INDUSTRIAL PER 1,000 FT': Warehouse $155 $30 s0 $0 $0 $70 $28 $283 Truck Terminal $318 570 $0 s0 $0 $70 $65 $523 General industrial 3170 $48 $0 s0 $0 $70 $45 $332 INSTITUTIONAL: School - Elem. Per 1,000 FT' $517 $318 $0 s0 50 $458 $295 $1.599 School - MiddWriigh Per 1,000 FT2 $519 $317 $0 s0 $0 $4611 $293 $1,597 Day Care Per 1,000 FT' $504 s206 s0 $0 30 SW $191 $1,360 FralemU Org. Per 1,000 FTs $5117 $0 $0 $0 60 $488 $173 $1,228 HoWital Per 1,000 FT' $962 1 $252 so $0 $0 $40 SM4 $1,916 Nurwig Home Per 1.000 FT' $193 $213 $0 s0 $0 $1,159 1 $196 $1,764 Library Per 1,000 FT' $1.375 $321 $0 $0 50 i468 s297 $2,461 RECREATIONAL: Park * Per Acre $183 $73 $0 s0 $0 $44 $N F a Per 1,000 FT' s221 s96 so so so s44 Soo Golf Course Per Acre 5323 $160 s0 s0 s0 $44 $149 J$M367Remmelion Aitovie Theatres r Seat s29 s37 so so s0 s487 $34 2010 Impact Fee Update April 5, 2010 - 25 - Table N-1c RECOMMENDED IMPACT FEES FT PIERCE ISLAND LAMD USE RoadsPON Parks School Library EM Law Tolle, RESMWT1AL: Skvb Fa $2.904 1 $239 $979 $5,447 $237 1 $525 S226 1 $10.617 Motile HomelRec. Vehicle $1.580 $156 $841 $1,572 $150 $107 $152 J SON Muttlfsm' 1 6 2 Story 52.5W $213 $872 32,787 $181 $106 3173 1 $6.80 Mut4-Fan 3+Storms $1,257 $213 $872 $2.787 3143 $100 $136 $5.514 HoWiMotel - Room $3,050 $160 s648 s0 50 $245 $148 $4,251 Bed 3 Breakfast - Room $1,649 $160 $50 s0 $0 $246 $148 $2,8W AM Other Reskbntial $2.857 $239 $078 $5,447 $237 $525 $226 $10,518 OFFICE AND FINANCIAL PER 1,000 Fr. General Office $470 $210 $0 $0 $0 $310 $195 $1,185 MedialOrace $1,063 i394 $0 $0 $0 $310 $965 $2.132 RETAIL PER 1,000 Fr: Under 100,0W Fr $1,274 $310 s0 s0 50 $07 $287 S2,359 100 000-499 999 FT' $1.130 $356 SO SO 30 $487 $330 $2,304 500,000 a over $1,065 $283 $0 $0 $0 $487 $262 S2,098 GASOLINE SERVICES: Service Station Per PosAon $2,022 SW 50 1 50 $0 1 $1,610 1 $63 $3,763 INDUSTRIAL PER 1,000 FT': Warehouse $107 $30 1 s0 SO I s0 I s70 s28 I sm5 Truck Terminal $210 $70 $0 $0 1 $0 1 $70 1 S65 1 $415 Cenerallndusftl $123 $0 50 $0 1 $0 $70 1 $45 1 $255 MTITUTIONAL: School - Elam. Per 1,000 Fr $154 $318 So So $0 $468 W95 $1,245 School - Middle/High Per 1,000 FT' $372 $317 SO $0 $0 $W $293 $1,450 Day Caro Per 1,000 FT' $436 $206 s0 SO $0 $468 $191 $1,301 Frabrnal Org. Per 1,000 FT' 5464 $0 $0 $0 $0 $468 $173 $1,096 Howftl Per 1,000 FT' $314 $252 $0 $0 $0 $408 S234 $1,267 Elam Per 1,000 FT= $143 $213 $0 $0 1 $0 1 $1.159 1 $198 $1,713 Lbrary Per 1,000 Fr $1,015 5321 s0 $0 $0 3468 1 $297 $2,101 RECREATIONAL: Park Public Per Acre $114 $73 $0 $0 $O $44 $513 $298 Recreation F a Per 1,000 FT' $149 $96 s0 $0 $0 $44 $90 $381 Golf Course Per Acre $250 1 $180 $0 s0 so $44 $149 $W3 Movie Theatms per Seat S22 $37 $0 $0 $0 $07 $34 $581 2010 Impact Fee Update April 5, 2010 - 24 - St Lucie County has a schedule impact fee step increase on December 1, 2010. Tables V-2a through V-2d show the proposed increases in library and law enforce- ment impact fees along with the other impact fees as they will be on December 2, 2010, after the step increase. Table N-2s RECOMMENDED IMPACT FEES AFTER DECEWER 2010 MAINLAND LAND USE Rods BM Parks School Library I Law Total RESWUML: Sirgle Fam' $4,452 $317 $1.40 $5,447 S237 $525 5226 s12,646 Mobile H~Rec. Vehicle S2.228 $208 9945 $1,572 $169 $107 $152 s5,368 Mub-Family 1 6 2 Story $3,246 s283 $1,287 $2,7117 $181 $106 $173 $8,062 MukWe 3 + Stories $1,702 $253 $1.287 $2.787 $143 $106 $135 $6.444 HoleYMotel - Room 1 $3.541 $212 $955 $O $0 $245 1 $148 $5.111 Bed 3 Breakfast - Room $2,018 $212 $955 $0 $0 $246 $148 $3,587 AN Other Residential $4.452 $317 $1,443 $5.447 $237 $525 s226 $12,646 OFFICE AND FINANCIAL PER 1,000 FT-: Gen" Ofroe S2.553 $MO $0 $0 $0 $310 3195 $3.338 MedinlOffoe $3,529 $524 $0 $0 $0 $310 S365 $4,728 RETAIL PER 1000 FT - Under 100,000 FT' $4,766 $412 s0 s0 $0 s487 $287 $6,953 100.000�499,999 FT' $4,932 $474 $0 s0 $0 $487 s6,224 500 000 8 Over $5,545 $377 s0 s0 $0 $487 ;$252 $6,672 GASOLINE SERVICES: Service Station Per Position $2,609 $00 $0 $0 $0 $1,610 1 $ea 1 $4.372 WDUSTRWL PER 1 000 FT': warehouse s694 $40 $0 50 $0 $70 $28 $532 Tnxk Terminal $1.395 $94 SO s0 $0 $70 365 $1,824 Gen" Iriduadol $758 $64 $0 $0 $0 $70 $45 $936 INSTITUTIONAL: SchW - Elem. Per 1,000 FT' $1,746 $423 s0 SO SO UN SM $2,932 School - MiddWfth Per 1.000 FT' $1,718 $421 SO SO $0 $468 $283 S2,900 Day Care Per 1,000 FT' $1.533 $274 s0 s0 $0 $468 $191 $2.485 Fraternel Ora. Per 1,000 FT' $2.495 s0 s0 $0 SO $468 $173 $3,137 Hospital Per 1,000 FT' $3,867 $335 $0 s0 50 $468 $234 $4,904 Home Per 1,000 FT' $701 $284 s0 $0 s0 1 $1.159 MN $2,342 Wary Per 1,000 FT' $5,109 s427 $0 $0 $0 1 $468 5297 :8,301 RECREATIONAL: Park Public Per Acre $617 S97 $0 $0 $0 $44A$149$1,788 Reaeatbn F a Per 1,000 FT' $859 $130 $0 $0 $0 $44 Golf Course Per Acre $1.383 S213 s0 s0 s0 $44 Movie Theatres r Seal $117 $49 SO SO SO 5187 2010 Impact Fee Update April 5, 2010 - 26 - Table N-2b RECOMMENDED IMPACT FEES AFTER DECEMBER 2010 NORTH ISLAND LAND USE Roads Public Buildi Parks School Library EW La- Total RESIDENTYIL: Skyle Family $3.549 5317 $1,443 $5.447 $237 $525 Un $11,743 Mobile Home/Rec. Vehicle 51,855 5208 $945 571572 $159 $107 $152 $4,997 WA -Family 1 3 2 Story $3,085 5283 $1.287 $2.787 $181 $106 $173 $7,901 MuIN-Family3 + Stories $1.906 5283 $1.287 $2,787 $143 $105 $138 $6,6W HolellMotel - Room $4,981 $212 $965 $0 $O $245 $148 $6,551 Bed 6 B - Room $3.009 $212 $955 SO SO $246 $148 $4,580 M09wReaidentlel $3,549 $317 $1,443 55,447 5237 $525 5226 I 511,743 OFFICE AND FINANCIAL PER 1,000 FT - General Offios $862 $280 $O $0 $O 5310 51% $1.647 MedicalORice $1,210 $524 $O i0 $0 $310 $365 $2,409 RETAIL PER 1,000 FT': Urder 100,000 FT' $1,500 $412 $O $O $O 5487 $287 $2.687 100,000.499999FT' $1,545 $474 SO SO SO 5487 $= 32,a37 500.000 6 Over $1,735 $377 $O $0 $O $467 1 5262 $2,862 GASOLINE SERVICES: Service Station Per Poaftn $819 $90 SO So So $1,610 S83 52,582 INDUSTRIAL PER 1000 FT': SO Wershouse $259 $40 $0 SO $O $70 $28 $397 Truck Terminal $516 S94 SO So SO $70 *5 $745 Generallnduslrtal $278 $64 $O $0 SO $70 $45 $456 INSTITUTIONAL: School - Elem. Per 1,000 FT' 5640 $423 SO $O $O $468 5295 $1,826 School - MiddlelH h Per 1,000 FT' $645 $421 SO SO $0 SW $293 $1,827 Day Care Per 1,000 F72 $577 $274 S0 SO SO "a $191 $1,510 Fratemal Org. Per 1.000 FT= $923 $O $O SO SO 5468 $173 $1,564 Hw0al Per 1,000 FT2 $1,444 $335 $O $O $O $468 $234 $2,481 Home Per 1,000 FT' 5254 $284 $O SO SO i1,i59 i198 $1,896 Ubrwy Por 1,000 FT' S7,8B5 $427 $O $0 $O i468 $297 $3.067 RECREATIONAL: Park ubk Per Acre S30B $97 So SO $O S44 S68 $514 Reasation Fack a Per 1,000 FT' $367 5130 SO SO $0 $44 $90 $531 Gaff Came Per Acre $516 $213 SO SD SO S44 $149 $921 Movie Theatres par Seat $49 $49 $0 $0 $0 $487 $34 $620 2010 Impact Fee Update April 5, 2010 - 27 - Table N-2c RECOMMENDED IMPACT FEES AFTER DECEMBER 2010 FT PIERCE ISLAND LAND USE Roads Bid~ Parks School Library EW FLV Law Tool RESIDENTIAL: SircN Famoy $4.105 $317 $1.443 $5,447 $237 S525 =6 $12,300 Mobile HomelRec. Vehich $2,504 $208 SW $1,572 $159 $107 $152 $5,646 Muki-Famity 1 3 2 Story $3,6M $283 $1.287 $2,787 $181 $106 $173 $8,469 Muni -Fa 3 + Stories 51,9W $283 $1.297 $2,787 $143 $106 $136 s6,6;S0 HolellMotel - Room $3,954 $212 3955 $0 $0 $245 $148 $5,554 Bed 6 Breakfast - Room $2,271 $212 S965 $0 $0 $246 $148 $3,842 AN Other Residential $4,105 $317 $1.443 $5,447 $237 =5 i226 $12,300 OFFICE AND FINANCIAL PER 1,000 FT': GerwalOMfioe $669 t280 $O SO $O $310 $195 $1,454 MedicalOMfioe $911 5524 SO i0 SO $310 SW5 52,110 RETAIL PER 1,000 FT' Under 100,000 FT' $1.727 $412 $0 30 $0 U87 $287 $2.914 100,000499.999 FT' $1,585 $474 $0 $$0 $0 $07 S330 $2.877 500,000 & Over $1,545 $377 $0 $0 $0 $487 1 U62 52,672 GASOLINE SERVICES: Service Station Per Position 51,230 SW 80 $0 50 $1.610 F $83 $2,993 INDUSTRIAL PER 1,000 FT': Warshmm Sias $40 $0 SO SO 270 1 12B 5303 TruckTenranal i322 S94 SO i0 $O $70 S85 $551 Gerterallndustrial 5190 ss4A. SO 1 $0 $0 1 $70 $45 $368 INSTITUTIONAL School - Elam. Per 1,000 FT' $214 $423 $0 i0 50 PH S295 $1.400 Scwc - MiddWHigh Per 1,000 FT' $479 $421 $0 SO so $468 $293 $1,661 DOY Cars Per 1,000 FT' 5436 S274 SO $0 $0 $468 $191 $1,369 FraWmal 019. Per 1,000 FT' $706 SO $0 SO 50 $466 $173 $1.347 Ho al Per 1,000 FT' $472 $335 so SO SO 5468 5234 $1.509 Nursino Home Per 1,000 FT' umi284 so $O $O i1,159 $198 $1,843 Lbrwy Per 1,000 FT' $1.427 i427 SO $0 SO i488 5297 $2,619 RECREATIONAL: Park u»lio Per Acm $177 $97 $0 $0 $0 $44 Sao 5385 Recreation F a Per 1.000 FT' $230 $130 SO $0 so $44 $90 $494 Gob Course Per Ao. $387 S213 SO $0 30 $44 $149 $792 MOVIQ Theetroi P $eat1 S41 $49 $0 so $0 $487 S34 $612 2010 Impact Fee Update April 5, 2010 -28- Table N-2d IMPACT FEES AFTER DECEMBER 2010 SOUTH ISLAND LAIND USE Roads Build Parks School Library Elln Law Tofal RESDENTLAL: shvie, F $3,843 $317 $1.443 $5,447 $237 $525 $226 $12.037 Mobile Home/Rec. Vehicle $2,351 $208 $945 $1,572 $159 $107 $152 $5.493 Mulli-Famly 1 6 2 Slory $3,431 $283 $1,287 $2,767 5181 $106 $173 $8.247 Mu1FF 3 • Stories 3117W S283 $1,287 $2,787 $143 $106 $136 i8,532 HobYMalel - Room $3.770 $212 8965 SO $0 $245 $148 $5.340 Bed 8 Breakfast - Room $2,157 $212 $965 so 80 $246 1 $148 $3,728 AN Other Residerdbl $3,843 $317 $1.443 $5,447 8237 $525 1 $226 $12,037 OFFICE ANO FINANCIAL PER 1.000 FT': General Office $762 S280 $0 $0 $0 5310 i195 $1.547 MedialOrfice $1,056 $524 $0 $0 80 1 $310 J $355 1 $2,255 RETAIL PER 1.000 FT': Under 100.000 FT' $1,315 $412 SO SO m $487 $287 $2,502 100,000-499.999 FT' $1,364 $474 $0 80 $0 $487 SM 82.656 500,000 iL Over $1,525 $377 SO 80 80 $487 8262 82,6W GASOLINE SERVICES: Service Sfalion Per Position $1,444 $90 $0 $0 80 $1,610 $63 $3.207 INDUSTRIAL PER 1,000 FT': Warehouse $222 $40 80 $0 80 $70 $28 $360 Truck Terminal $459 SIM 80 80 80 $70 $65 SW General Industrial $242 $64 $0 80 $0 $70 $45 $420 INSTITUTIONAL: School - Ebm. Per 1.000 FT' 8556 $423 80 SO PR =95 $1,742 School - MiddhM h Per 1.000 FT' $560 $421 80 80 $468 $293 $1,742 Da Care Per 1,000 FT' $504 $274 $0 $0 150 $468 $191 $1,437 Frolsmal . Per 1.000 FT' $807 SO so 80 $468 $173 $1,448 HoWksl Per 1,000 FT+ $1,250 $335 80 $0 $468 8234 $2.287 Mjmft Hone Per 1,000 FT' $238 $284 80 SO 80 $1.159 1 $198 $1,879 Library Per 1,000 FT' 81,686 $427 $0 80 $0 $465 $297 $2,8458 RECREATIONAL: Poft(Public) Per Acre $275 $97 so 80 50 $44 ice $483 ReowWn F al Per 1.000 FT' $318 $130 80 80 80 844 $90 $582 Goff Course Per Am $444 $213 $0 $0 80 i44 $149 $649 Movie Theatre9 per Seat $41 $49 so so 80 $487 834 $612 2010 Impact Fee Update April 5, 2010 - 29 - T6a/ M,f EX9rrWG AND UPDATED f1PACT FEES AFTER 4LT I ties COIMTY LAND USE Y4bYI16 I- - - NaIA YbM Pl P1w4Io bbnd AorA YNM 260i U90r96 I C216I16o 76M Updrd CIr,IN 2A06 UP�6 C ZM6 1196rM CMn6o RE6DEM11AL swuls p it0,W6 511,010 0.6% MAN 0.6% . i10.563 f10,617 0.61E $10.671 510735 0.0% Yobb N4mefflmm Vehh* 462 24.400 OA% 34 m &0% S4 366 54.366 0.0%3810"s f4A60 Qo% Yu4F 1 i 2 754 .601 0.7% $5 757 salon 0.7% S6 &W 36 f99 a7% S6 = 0.7% YdiF • SbM SS 560 -0.0% i5 617 769 4M S3 i5 6/4 as% N .0.5% M4141141obi - R4om N OS1 .071 0.4% 40 SS 467 0.3% 64 54 1 a4% 447 0.4% ow 6 weam sl - Roan 726 s2 744 0.7% $3613 f3 630 O S% R 032 6S0 O A1Li? 91O 0.6% N 0111or R444 mtwM 510,642 s10.706 0.0% $10 7N S10 606 Q0% f10.454 $10.516 CA%s10.610 0.6% OFFICE AND FY44NCNL PER 1,000 FT': G4n"Offm S2.6o6 S2.TO2 -17% 3160E it 426 ,131► , f11&1 -0O% i14w ,.34z 7.1% Ybryo6ioo $4.4191 54,596 1 4.0% 53706 52219 -36.5% s11954 1sZ,132 9.7% 32,514 $2693 7.1% RETAL PER IJW M LOWM loom FT' 65,367 $4 975 -7.6% $3,371 fz SOS •23.3% $2.770 $2,369 -14.6% t2 610 52.400 -14.6% 100 000499.909 FT $5.542 35.00 as% f3 zS3 e43 16.7% m II 704 17A% 939 f2466 16.1% 500 D00 6 Ow ss.629 55203 -7.s% 793 302 •10.4X f2.s24 096 -16.9% s2 746 322 -,s.s% GJISOUNE SERVICES: SWAM SUAon PM ftwWn 84M s4,360 -12.7% is 500 -51.5% $4,3951 $3703 1 44.4% $3.920 P.185 -16.6% 6IOUSTRft PER 100E m: V4vpm i717 5709 -12% SM 7 14.3% 44 SZ35 d5% S29•L 5263 -I.0% T,�ticTMminM f1379 $1.374 -0.4% SM 5565 20.6% t $415 -tA% is29 s623 -1.1% GO MM Wdkd 61 $513 5601 -1.4% i336 5356 5.7% SM S20S 3.9% s344 5332 -3.4% IISTnVr DNAL: Sdod - Elem. PM0E F 7.0T- i2,S42 sz 2,x f1.62S st.679 atx st 102 S1 245 4.SX 1 $1,%6 3.5x School -YO9 hPer1.00EFT $2.430 22572 &5% S&N? St,665 54.4% $1317 SI450 10.1% 1464 1,Diry 5W 9.7% Cam PM 1.000 FT' i2.300 S2.390 1.6% $2 739 51 442 J7.4% $1,M $1.301 3.0% $1,331 51,380 2.6% Fl6bmi 019. Pa L000 FT $2.273 i2 375 4.5% 30M $t 312 35.9% sm $100 102% $1 127 $lvm 9.0% H=pW Per 1000Fr 53,619 $3.m 4.5% i1,T79 $2060 15.6% $1.105 s%w 14.6% tl.754 $1,018 92% 'WMV Nano PM 1,000 FT $1,993 i2 119 &3% 51.906 $1 762 4LS% St 567 it 713 7.9% 51.636 f1 764 7.7% Libmy Pw 1 60o FT' s4 sm is 079 4.6% 52.466 S2AW I CA% L $1,677 1 s2,101 1 12.0% 1 $2237 .461 10.0% sTWO AND UPOATM W �ACT FEE! AFT6t 2010 Impact Fee Update April 5, 2010 -31- Taw N-4 EXISTING AND UPDATED SSPACT FEES AFTER DECE9BER Me ST LUCE COUNTY LAMUM yayiry MWINDOWN R►YewbWN SOLO Batt" na I uwsmd cmw 2888 -I'" -Icmwl aims ju~lcoinovalI UPaMM I citaw RESD MYL4 -' SwQbF $125a2 512648 0.5% $11.879 511,743 MS% f12 512300 0.5% $11.973 $12.037 O.S% Moble Hd+WRoc VONM $5 370 $5,300 OA% f4 999 $4.297 0.0% S5 648 SSA46 0.0% 56,49 SS.493 0.0% Muwf 162 $4,016 16.002 0.6% f7,855 57,901 Me% SO423 $0.469 0.5% 58.201 7 OA% Mu&f 3 • Stoma ,472 36.444 0.4% 676 050 44% 36 678 i6.a50 44% 3.500 $6 532 -0.4% Hala9Mald-Room $5,093 f5.111 0.3% 533 551 0.3% 55536 '.354 0.3% 55322 55.340 0.3% Bald i Btu~ - R44an ,509 53.587 0.5% 582 $4580 0.4% S3.6N S3 842 0.S% $3 710 $3 728 0.5% AN 00rr PAWW" 512502 S12,Wa 0.5% $15 679 $17 743 0.5% i12.236 $12 3D0 "% $11.973 $12 037 O.5% OFFICE AND FNANCNL PER 1,000 FTi General Oho 1 $3.441 $3 338 J.0% f1 750 1 847 3A% $1 557 $I - d6% 81 a50 f1 7 42% yyBfy ORp 64 550 St.728 SA% f2 1 52.409 5.0% $1 932 $2,1101 9.2% $2.077 32 8.6% RETAL PER 1.000 F7'. tr 100 01M Fr lyd i6.383 9 3 d5% $3, 997 687 -13.3% 33.32s 914 -12A% 912 32 502 •14.1% 100,000-409,909 Fr % fa$24 -7.7% f3 70 a37 •14.3% $3.350 f2 977 -14.1% $3,129 32am -15.1% 000 6 Over 57,097 sBm do% I s3ap-L szes 1 -12.9% 1 $5097 1 $2672 -13.7% 53,07T S2 = GASOLINE SERVICES: Smro Stom Per Portion 7 i5.007 s4.372 -12.7% 1 $3.217582 -19.7% f3.a26 52 993 .17.5% 13" S32M NDUSTRUL PER 1 000 FT': yy w SM .1.0% 1 $4061 S397 1 -2.1% 11 SM -2.a% S3a8 -2.3% Tnx:k Tomonal S163o $1.8N -0.3% 1 Aft smf6a6 .0.9% Gonard IMuahlal 5948 5938 •1.2% 1 S46a f456 -2.5% S36a sm -an L 5432 1 $420 -2.7% NSTrTUTKPAL: Sdwd-Ebro. Pr 1,000 Fr R a79 t2.932 1.9% 1 773 51,826 3.o% $1 347 55 400 4.0% 31 00 $1,742 32% So" -MOdbl14 n Pr 1 000 Fr 52.767 52.900 4.8% S1,6M $1.027 7.9% f1.6211 51,0111 0.7% St $1 742 L3% ComPr1000Fr 32.428 1 f2.401, 1 1A% $1,4721 $1510 2.8% S1,331 $1369 2.6% $1,30 MAN 2.7% 20101mpact Fee Update Apd 5, 2010 - 32 - T"b IV4 EIOSTMG AND UPDATED SIPACT PEES AFTER DECEI It bra 2010 Impact Fee Update Apri S, 2010 - 33 - Table N-5 compares the highest updated fees for St Lucie County with the totals for other Florida counties. Many counties do not have all of the impact fees and others have not kept their impact fees current. For example, Monroe County's fees have not been updated since 1987. Also, many counties have temporarily reduced or sus- pended some or all impact fees due to the current economic recession. TsbW IV-5 COMPARATIVE COUNTY IMPACT FEES county harks Public Library Roads EMS LawMall Fire Oder school Total FwAhlss Wakulla $53 $317 $119 $522 $236 $1,247 Le $150 $1 046 $53 $53 $1302 Monroe $340 $242 $633 $150 $105 $1,470 Baker $1,500 L $1,500 Pinellas $1 923 $1,923 Broward non-infill $389 $1 844 tt 233 Santa Rosa $2,237 $2,237 Say $2,352 $2,352 Sumter $1 996 $397 $2,393 Columbia $1046 $406 $109 =1,500 1 $3061 Alachua $252 $2,798 $152 S3 202 Gild r $1,000 $1 750 $750 $3,500 Bradford $269 $210 $2.500 $71 $666 $281 $1000 $5,017 Fla ler $268 $1438 $3 600 $5 307 MiamMade $1,173 $1,275 $411 1 $177 $2,448 $5,484 Hillsborough $354 $1,475 $49 $4,000 $5,877 Nassau $520 $231 $1430 $150 $121 $3,726 $6,178 Seminde $54 1 $1,061 $172 $5 000 $6.287 Putnam $227 $2,290 $70 $88 $4,347 $7,023 Hendry$2 490 $5,101 $7,591 Hemando $501 $302 $154 $3 627 S99 $99 $3.360 $8,142 Glades $366 $3 363 $93 $4,322 s8144 Charlotte $1,660 $780 $160 $5,080 $300 $400 $8,380 vdusis $566 $2 044 $278 $6 066 1 $6,954 Polk $444 $197 $5 844 $410 $313 $2 032 $9 240 Brevard $64 $4.353 $39 1 $72 $93 $232 $4 445 $9 298 St. Johns $753 $378 $3.830 $188 $501 $3,895 $9,545 St Lucie $515 $392 $205 $2,324 $194 $525 $5.447 $9,602 Marion $5 462 $252 $3 967 $9,681 Indian River $1,463 $206 $483 $5.202 $244 $278 $245 $1 756 $9,877 Citrus $723 $625 $251 $4,853 $89 $257 $497 $3107 $10,382 Pasco $892 $145 $5,313 $172 $248 $4,356 $11126 Palm Beach $1 540 $148 1 $161 $4,8221 1 $171 1 S528 1 $3,998 $11,367 2010 Impact Fee Update April 5, 2010 - 34 - Table IV.5 COMPARATIVE COUNTY IMPACT FEES cowb 1111,11,118 PBldg LNxary Rwtls EMT L w 4gN 189 112 Fin 100W I Tehc.W I M Foci 4043 i385 5197 $3 081 $82 $279 $252 $239 $4 322 S8 2g2 010� Updated$979 iZJY i237 3,586 ti22E $525 K447 $11,010 AMID Update �- 2010 $1,443 5317 =237 54,452 $226 $525 $5,447 $IZ646 Note; any of the counties listed above have temporarily suspended the collection of some or all of the impact fees that are shown. 2010 Impact Fee Update April 5, 2010 -35- 1 St. Lucie County 2 Planning and Zoning Commission/ Local Planning Agency 3 Roger Poitras Annex, Commission Chambers, 3d Floor 4 October 21, 2010 Meeting 5 6:00 P.M. 6 In the event of a conflict between these written minutes and a compact disc recording, 7 the compact disc shall control. 0 9 I. CALL TO ORDER 10 Chairman Mundt called the meeting to order at 6:04 p.m. 11 A. Pledge of Allegiance 12 B. Roll Call 13 Craig Mundt ..................................... Chairman 14 Britt Reynolds .................................. Vice -Chairman 15 Pamela Hammer .............................. Commission Member 16 Edward Lounds................................ Commission Member 17 Susan Caron .................................... Commission Member 18 Brad Culverhouse (arrived 6:40) ...... Commission Member 19 Tod Mowery ..............•...••..••.•••.••..... Commission Member 20 Stephanie Morgan ............................ Commission Member 21 Barry Schrader ................................. Commission Member 22 Kathryn Hensley .............................. Ex-Officio Member 23 24 Members Absent 25 None. 26 27 Staff Present 28 Heather Young ................................. Assistant County Attorney 29 Kara Wood ....................................... Planning Manager 30 Karen Smith ..................................... Environmental Resources Director 31 Michael Brillhart................................ Business and Concurrency Manager 32 Britton DeWitt ................................... Senior Planner 33 Linda Pendarvis ............................... Planner 34 Michelle Hylton ................................. Recording Secretary 35 36 C. Announcements 37 None. Page 2 of 7 38 D. Disclosure 39 Ms. Morgan stated she spoke with the applicant from the telecommunications tower. 40 Mr. Reynolds stated he was called but never spoke to anyone regarding the 41 telecommunications tower. 42 Ms. Young stated that a conflict memorandum from Mrs. Hammer has been provided to the 43 Commission. 44 Mr. Mundt stated he met with staff regarding the agenda. 45 II. MINUTES 46 Review the minutes from the August 19, 2010 meeting for approval. 47 Mr. Lounds moved to approve the minutes as written. 48 Ms. Caron seconded. The motion carried 8-1, Mrs. Hammer abstaining because she was 49 not present for the full meeting. 50 III. PUBLIC HEARINGS 51 A. North County Regional Water and Wastewater Treatment Plants 52 Rezoning: RZ 920094011 — continued from the August 19, 2010 Meeting. 53 Petition of St. Lucie County Utilities for a change in zoning from the AR — 1 54 (Agricultural, Residential — 1 du/acre) Zoning District to the U (Utilities) Zoning District 55 to accommodate the proposed North County Regional Water and Wastewater Treatment 56 Plants. Staff comments and presentation by Kristin Tetsworth. 57 Ms. Wood stated staff is requesting another continuance for this item to February 17, 2011. 58 Ms. Morgan asked why it is not withdrawn and re -advertised since this is the third continuance 59 on the item. 60 Ms. Wood stated it is an option if the Commission feels it is confusing to the public; but staff 61 felt there were not many public objections to the current site, and staff has been keeping the 62 property owners that had objections up to date. Ms. Wood stated if they change the site, they 63 would need to re -advertise. 64 Chairman Mundt opened the public hearing. 65 No one spoke. 66 Chairman Mundt closed the public hearing. 67 Mr. Lounds made the motion to continue to February 17, 2011. Planning and Zoning Commission October 21, 2010 Minutes Page 3 of 7 68 Mr. Reynolds seconded. The motion carried 8-0 69 B. Ordinance No. 10-015 — Greenway and Trails 70 An Ordinance amending the St. Lucie County Land Development Code by amending 71 Section 2.00.00 ("Definitions") to amend the definition of "Multi -Use Path" to read "Multi 72 — Purpose Path" and to clarify that paths indentified as Greenways and Recreational 73 Trails, trails within canal rights — of — way, on the county bicycle, Pedestrian Greenways 74 and Trails Master Plan may be considered as Multi- Purpose Paths; amending Section 75 7.05.04 to add a separate section on requirements for Greenways and Recreational Trail 76 for new development in Unincorporated St. Lucie County. Staff comments and 77 presentation by the Public Works Department and the Environmental Resources 78 Department. 79 Ms. Smith stated staff is requesting to continue the Ordinance to the November 18, 2010 80 meeting in order to have more time to properly address public comments. 81 Chairman Mundt opened the public hearing. 82 No one spoke. 83 Chairman Mundt closed the public hearing. 84 Mr. Reynolds made the motion to continue to November 18. 85 Mr. Lounds seconded. The motion carried 8-0. 86 D. Prime Realty, LLC: FLUMA 1120094022 87 Petition of Prime Realty Capital, LLC for a Future Land Use Map Amendment from the 88 RS (Residential Suburban — 2 du/ac) Designation to the IND (Industrial) Designation. 89 Staff comments and presentation by Britton De Witt. 90 Mrs. DeWitt presented both items III-D and III-E, and stated the applicant wishes to continue 91 the items to November 18 so the site can come into compliance with outstanding mining permit 92 issues. 93 Chairman Mundt opened the public hearing. 94 Brad Currie from Land Design South, representing the applicant stated the issue is with the 95 adjoining property but they are very close to an agreement with the Engineering Department 96 on how to clean up the site. 97 Mrs. Hammer stated some of the documents in the application were hard to read. Planning and Zoning Commission October 21, 2010 Minutes Page 4 of 7 98 Chairman Mundt closed the public hearing. 99 Ms. Morgan made the motion to postpone item III-D to November 18, at 6:00 PM or soon 100 thereafter. 101 Mr. Reynolds seconded. The motion carried 8-0. 102 E. Prime Realty, LLC: RZ 1120094021 103 Petition of St. Lucie County to amend Chapters 2, 3, 4, 7 and 8 of and Land Development 104 Code relating to Solar Energy. Staff comments and presentation by Diana Waite. 105 Mrs. DeWitt stated the applicant is requesting to continue this item to November 18. 106 Chairman Mundt opened the public hearing. 107 No one spoke. 108 Chairman Mundt closed the public hearing. 109 Ms. Morgan made the motion to postpone item III-E to November 18, at 6:00 PM or soon 110 thereafter. 111 Mr. Schrader seconded. The motion carried 8-0. 112 Mrs. Hammer asked staff that if someone wanted to be pulled from the agenda in the future 113 that they notify the Commission asap. 114 Mr. Mundt stated as soon as staff is notified they should send an email to notify the 115 Commission. 116 (Mr. Culverhouse joined the Commission) 117 C. SL 2623 Beth's Song Telecommunication Tower: CU 620104070 118 Petition of PJ Development, LLC for a Conditional Use Permit application to allow the 119 construction and operation of a 130-foot monopole telecommunication tower and 120 wireless communication equipment compound in the AG — 1 (Agricultural, 1 du/ac) 121 Zoning District. Staff comments and presentation by Linda Pendarvis. 122 Ms. Pendarvis presented the petition. 123 Mr. Culverhouse stated he asked Ms. Young about a possible conflict with this item. 124 Ms. Young stated she checked with the Commission on Ethics and they determined there 125 would not be a conflict. Planning and Zoning Commission October 21, 2010 Minutes Page 5 of 7 126 Mr. Culverhouse disclosed he has known Mr. Russakis, the applicant for a long time and he 127 discussed the item with him. 128 Mr. Lounds stated he understands the need for the code requirement for landscaping and 129 irrigation at the site but he feels it is an undue burdestaff if tlicant since the here was a way tower is waive'n a the 130 position where the landscaping will not be seen. He asked 131 landscape requirement. 132 Ms. Pendarvis stated there is a provision in the Code that offers an exemption for agricultural 133 land but the applicant chose to follow the Code. 134 Mack McCarty, an attorney representing the applicant, stated they agree with the presentation 135 made by Ms. Pendarvis. Mr. McCarty stated he hopes the Board recognizes that this will have 136 minimal impact and is extremely consistent with the Land Use Code. 137 The Commission discussed the new location of the tower, whether or not co -location would be 138 required on the tower, the providing of irrigation for the landscaping at the site, and other Code 139 requirements. 140 Ms. Pendarvis stated the reason the applicant was not exempt from the landscaping 141 requirement is because the tower will not be set back 1,000 feet. 142 Mr. Reynolds stated he had seen a tower decorated to look like a tall pine tree and asked 143 whether that would be an option instead of landscaping. 144 Paul Scott, representing the applicant, stated it is a possibility but he does not think it is 145 warranted in this case because you will not be able to see it from the road. 146 The Commission continued to discuss the landscaping requirement. 147 Mr. Mundt stated he would like the Board to make note of the discussion and make a 148 determination. 149 Chairman Mundt opened the public hearing. 15o Daniel Ryan, the owner of the parcel directly across the street from the property, stated this 151 tower application was originally on his property, but after objections from a neighbor, they 152 moved it to the front of the property. Mr. Ryan stated he felt he was giving up too much to 153 accept a tower for the type of income. He stated that while he has no objections to the tower, 154 he would like the tower to move further west. Mr. Ryan stated he also requested the tower be 155 disguised because one.day there will be houses there. 156 Mr. Culverhouse asked why the tower was moved off Mr. Ryan's property. Planning and Zoning Commission October 21, 2010 Minutes Page 6 of 7 157 Mr. Ryan stated it was because the County wanted right-of-way and proportionate fair share 158 fees from the developers, so he told the developers to see Mr. Russakis. 159 Jim Russakis, the property owner, stated the tower now is to the west and to the north of Mr. 160 Ryan's gate. Mr. Russakis stated they never objected when Mr. Ryan was putting the tower on 161 his property. 162 Chairman Mundt closed the public hearing. 163 Mr. Lounds made the motion: 164 After considering the testimony presented during the public 165 staff comments, and the standards of review as et forthin Section 11.07.03, St.. 166 Lucie County Land Development Code, I hereby move that the Planning and 167 Zoning Commission recommend that the St. Lucie County Board of County 168 Commissioners grant approval to the application of PJ Development LLC for a 169 conditional use permit to allow the construction and operation of a 130 foot 170 monopole telecommunication tower and wireless communication equipment 171 compound in the AG-1 (Agricultural—1du/ac) Zoning District. 172 Mr. Reynolds seconded. The motion carried unanimously. 173 Mr. Mowery noted it should be subject to the conditions established by staff. 174 F. Ordinance No. 10-032 — Library and Law Enforcement Impact Fee Update 175 Petition of St. Lucie County to adopt the "Technical Memorandum on the Methods Used 176 to Update Library and Law Enforcement Impact Fees", dated July, 2010 by Dr. James 177 Nicholas. The analysis for this Update uses revised building and content valuation, land 178 use, socio-economic, and capital improvement cost data and was prepared using a 179 "consumption" based methodology consistent with current practice. Staff comments 180 and presentation by Michael Brillhart. 181 Mr. Brillhart stated the Florida Legislature recently made changes to the way impact fees are 182 analyzed and administered, and statues require that the calculation of impact fees be based on 183 the most recent data. 184 Dr. James Nicholas who prepared the update of the new methodology of the impact fees for 185 the Board, showed the Commission a presentation of the updates. The presentation illustrated 186 the current level of service in the County for Libraries and Law Enforcement as compared to 187 what the State requires. 188 Dr. Nicholas stated it is essential the methodology be adopted regardless of what is done with 189 the amounts. Planning and Zoning Commi Minutes ssion October 21, 2010 Page 7 of 7 190 Dr. Nicholas stated roads, parks, and public buildings impact fees have been updated; and we 191 now have current information for public libraries and law enforcement, he has recommended 192 that we not employ and implement the CPI change to the impact fees this year to save a 193 burden on industry. 194 Mr. Mowery asked why we do not use square footage calculations like other counties. 195 Dr. Nicholas stated that about 12 years ago St. Lucie County rejected the method because it 196 made more sense to do it by type. 197 The Commission discussed some of the Technical Memorandum and State requirements with 198 Dr. Nicholas for clarification and correction. 199 Mr. Brillhart stated the fees that will change, if the BOCC adopts the updated fee schedule, 200 would not go into effect until March 1, 2011 since it would not go into effect until 90 days after 201 adoption. 202 Chairman Mundt opened the public hearing. 203 No one spoke. 204 Ms. Morgan asked if this information was sent to the Builders' Association and other 205 organizations that may be effected. 206 Mr. Brillhart stated a copy of the ordinance and memorandum were sent to approximately 30 207 people who were part of the original team of interested parties and they were part of that list. 208 Chairman Mundt closed the public hearing. 209 Mr. Hammer made a motion that the Planning and Zoning Commission recommend 210 adoption of Ordinance 10-032 and the Technical Memorandum on the Methods Used to 211 Update Library and Law Enforcement Impact Fees dated July 2010 to the Board of 212 County Commissioners. 213 Ms. Caron seconded. The motion carried 7-2, Mr. Mowery and Ms. Morgan dissenting. 214 IV. ADJOURN 215 There being no further business, the meeting adjourned at 8:55. Planning and Zoning Commission October 21, 2010 Minutes AGENDA REQUEST ITEM NO. VII-C DATE: 12/21 /10 REGULAR ( ) PUBLIC HEARING (X) LEG. (X) QUASI -JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Britton De Witt SUBMITTED BY: Planning and Development Services Senior Planner Department SUBJECT: Right -of -Way Protection Map BACKGROUND: See attached memorandum. FUNDS AVAILABLE: NIA PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board adoption of proposed Ordinance 10-036 amending the text of the Land Development Code to include the Right -of -Way Protection Map in Section 7.05.03. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney (X ) i A--� Daniel S. Mclrtyre County Engineer (X) Originating Dept. ( X ) Purchasing ( ) MVP Michael Powley Mark Sattedee Melissa Simberlund County Surveyor (X) /0/7// Ron Harris ERD ( ) OMB ( ) Karen Smith Marie Gouin Planning and Development Services Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Kara Wood, Planning Manager Z61 FROM: Britton De Witt, Senior Planne Planning Division DATE: December 21, 2010 SUBJECT: Right -of -Way Protection Map ITEM NO.: VII-C Background: The Evaluation and Appraisal Report (EAR) based amendments to the Comprehensive Plan were adopted by the Board of County Commissioners on October 26, 2010. One of the changes to the Comprehensive Plan was the relocation of the Right -of -Way Protection Map (RWPM) into Section 7.05.03 of the Land Development Code (LDC), "Rights -of -Way Determinations and Dedication, Improvements." The Department of Community Affairs does not require this map to be in the Comprehensive Plan and updates to the data would be more efficient if located in the LDC. This is the second of two required public hearings for this proposed amendment. During the first hearing held on October 19, 2010, the Board requested a change to the map and review by the Transportation Planning Organization (TPO). The map was updated to show a reduction to the South Causeway A1A lane width from four to two lanes. On December 1, 2010, the TPO unanimously endorsed the relocation of the map from the Comprehensive Plan to the LDC with the condition that the TPO approve subsequent revisions of the map (see attached letter from Peter Buchwald, TPO Director). Attached as Exhibit A to Ordinance 10-036 is a draft updated Right -of -Way Protection Map including revisions made since the first hearing. Proposed roadway updates are highlighted in yellow and proposed deleted segments are marked in pink. Included in this package is the material from the October 19" Board hearing containing further background and details on the proposed amendment. Previous Action: On September 16, 2010, the Planning and Zoning Commission reviewed this proposed text amendment to the LDC and unanimously recommended that it be approved. On October 19, 2010, the Board of County Commissioners reviewed and gave input on this proposed text amendment. On December 1, 2010, the St. Lucie Transportation Planning Organization endorsed the proposed amendment. Recommendation: Board adoption of proposed Ordinance 10-036 amending the text of the Land Development Code to include the Right -of -Way Protection Map in Section 7.05.03. PA 4 5 6 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. 10-036 Text Amendment to the Land Development Code NERS OF ST. AN ORDINANCE OF THE BOARD OCOUNTY HE RIGHT-OF-WAY PROTECTION LUCIE COUNTY, FLORIDA, TO UPDATE MAP AND AMEND THE TEXT OF THE LAND DEVELOPMENT CODE TO INCLUDE THE MAP IN SECTION 7.05.03PROR0 DINGG FINDFORIN SEVERABILDITY; ING FOR CONFLICTING PROVISIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR AN EFFECTIVEROVIDING FOR FILING HTHE DATE; FLORIDA DEPARTMENT OF STATE, AND PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners has made the following determinations: 1. This Board is authorized by Section0reg ulations Florida autll coordinate and enforce zoning and such business9ulat on 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 its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law; and, 3.On August 1, 1990 the Board of County Commissioners of St. Lucie County Florida adopted the St. Lucie County Land Development Code; and, 4.On September 16, 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; and, 5. On October 19, 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 October 6, 2010, and, 6. On December 21, 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 December 10, 2010; and, 7. 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 is 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 7.05.03. Rights -of -Way Determinations and Dedications, Improvements "Rights -of -Way Protection Map" (See Exhibit A) TABLE 7-1-5 ROADWAY TYPE MINIMUM RIGHT -OF- WAY WIDTH Arterial (8 lane) 200 Arterial (6 lane) 200 Arterial/Collector (4 lane) 160 Arterial/Collector (2 lane) 80 Local Road (w/swale drainage) 70 Local Road (w/closed drainage --curb and gutter) 60 All distances expressed in feet Actual dimensions to be site determined and may be greater or less than expressed minimums given site conditions and specific roadway design requirements. Additional right-of-way will be at the request of the County Engineer or his/her designee. The Board of County Commissioners may modify standard right-of-way widths for Planned Unit Development if the intent of the ordinance is being upheld. B. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances and County Resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict. 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, 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, Florida, 32304, F. EFFECTIVE DATE This ordinance shall take effect upon filing with the Department of State. Ordinance No. 10-036 File No. TLDC 720104076 Page 2 1 ii 1 G. ADOPTION 2 3 I After motion and second, the vote on this Ordinance was as follows: 4 5 Chris Craft, Chairman XXX 6 7 Chris Dzadovsky, Vice -Chair XXX 8 9 Paula Lewis, Commissioner XXX 10 11 Tod Mowery, Commissioner XXX 12 13 Frannie Hutchinson.. Commissioner XXX 14 15 j 16 PASSED AND DULY ADOPTED this 215` day of December, 2010. 17 18 ATTEST: BOARD OF COUNTY COMMISSIONERS 19 ST. LUCIE COUNTY, FLORIDA 20 21 i 22 23 BY: 24 Deputy Clerk Chairman 25 26 APPROVED AS TO FORM AND 27 CORRECTNESS: 28 29 30 31 32 County Attorney 33 34 Ordinance No. 10-03 File No.. TLDC 72010407 Page i c X 0 LLJ 'T CD co 55 1 r ` Troo-o "anee J , plz��isy argodizalio� ST. LUCIE URBAN AREA December 6, 2010 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Telephone: 772/462-1593 Facsimile: 772/462-2549 Mr. Mark Satterlee, AICP Director St. Lucie County Planning & Development Services Department 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Re: St. Lucie County Right -of -Way (ROW) Protection Map Dear Mr. Satterlee: VIA EMAIL Pursuant to a request from St. Lucie County, the St. Lucie Transportation Planning Organization (TPO) considered the relocation of the attached St. Lucie County ROW Protection Map (Map) from the St. Lucie County Comprehensive Plan to the St. Lucie County Land Development Code. At its meeting on December 1, 2010, the TPO unanimously endorsed the relocation of the Map from the St. Lucie County Comprehensive Plan to the St. Lucie County Land Development Code with the condition that the TPO approve subsequent revisions to the Map. The TPO appreciates the opportunity to provide the requested assistance to St. Lucie County. Please contact me or Neelam Fatima, Senior Planner -Transportation Engineering, should you require any additional information or clarification regarding the endorsement. Sincerely, Peter Buchwald, AICP Executive Director Attachment cc: Kara Wood, St. Lucie County Planning Manager Britton De Witt, St. Lucie County Senior Planner Neelam Fatima, TPO Senior Planner -Transportation Engineering Transportation Planning for Fort Pierce, Port St. Lucie, St. Lucie Village and St. Lucie County ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA December 21, 2010 NOTICE OF LAND DEVELOPMENT CODETEXT CHANGE The St. Lucie County Board of County Commissioners proposes to consider the adoption of the following by ordinance: ORDINANCE NO.10.036 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST LUCIE COUNTY, FLORIDA,TO UPDATETHE RIGHT-OF-WAY PROTECTION MAP AND AMEND THE TEXT OF THE LAND DEVELOPMENT CODE TO INCLUDETHE MAP IN SECTION 705.03; PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. APPLICANT Board of County Commissioners, St. Lucie County FILE NUMBER:TLDC 720104076 This is the second of two public hearings on this item that will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on December 21, 2010, beginning at 6:00 P.M. or as soon thereafter as possible. 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 comments to the Board of County Commissioners should be received by the Planning and Development Services Department - Planning Division at least 3 days prior to the scheduled hearing The petition file is available for review at the Planning and Development Services Department offices located at 2300 Virginia Avenue, 2nd Floor, For Pierce, Florida, during regular business hours. Please call 7721462-2822 orTDD 772/462-1428 if you have any questions or require additional information The St Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility. The proceedings of the Board of County Commissioners are electronically recorded PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the Board of County Commissioners 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 Risk Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1777 orTD.D. (772) 462-1428. Any questions about this agenda may be referred to St Lucie County Planning Division at (772) 462-2822. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ CHRIS CRAFT, CHAIRMAN PUBLISH DATE: December 11, 2010 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Planning and Development Services Department t; Ma ITEM NO. VII-B DATE: 10/19/10 REGULAR ( ) PUBLIC HEARING (X) LEG. (X) QUASI -JD ( ) CONSENT ( ) PRESENTED BY: Britton De Witt Senior Planner SUBJECT: Right -of -Way Protec on p BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board review of a text amendment to the Land Development Code to include the Right -of -Way Protection Map in Section 7.05.03 (Ordinance No. 10-036) and authorization to schedule the second public hearing. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Surveyor (X) County Attorney ( X ) Ron Harris Daniel S. McIntyre County Engineer (X ) MVPJ ERD ( ) Karen Smith Michael Powley X ) 46- OMB ( )Originating Dept. ( Marie Gouin Mark Satterlee Purchasing ( ) Melissa Simberlund Planning and Development Services Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Kara Wood, Planning Manager 10 FROM: Britton De Witt, Senior Planne § Planning Division ff DATE: October 19, 2010 SUBJECT: Right -of -Way Protection Map ITEM NO.: VII-B Background: Proposed changes to the Comprehensive Plan, based on recommendations from the Evaluation and Appraisal Report (EAR) adopted in October 2008, were presented to the Board of County Commissioners on June 1, 2010. One of the proposed changes to the Comprehensive Plan was to relocate the Right -of - Way Protection Map (RWPM) into Section 7,05.03 of the Land Development Code (LDC), "Rights -of -Way Determinations and Dedication, Improvements." The Department of Community Affairs does not require this map to be in the Comprehensive Plan and updates to the data would be more efficient if located in the LDC. The Schedule of Capital Improvements located in the Capital Improvements Element of the Comprehensive Plan is based on anticipated needs identified on the RWPM. The LDC requires the "Thoroughfare Network Right -of -Way Protection Plan," of which the RWPM is a part, to be reviewed and updated every two years. Before adopting the RWPM into the LDC, the map was reviewed by the Development Review Committee, including the Planning and Development Services Director, the County Engineer, the County Surveyor and the St. Lucie Transportation Planning Organization. The goal of the review is to assess the transportation corridors and the necessity for retaining property acquired for the transportation network. If a transportation corridor is determined to be no longer necessary, the transportation corridor shall be removed from the Plan. If a new transportation corridor is determined to be needed, the transportation corridor shall be added to the Plan. Attached as Exhibit A is a draft updated Right -of -Way Protection Map with the proposed roadway updates highlighted in yellow, and following is a table listing each update: Board of County Commissioners ROW Map LDC Text Amendment October 12, 2010 Page 2 Adnntpd Roads Being Added to Map Change Koblegard Rd add to map, extend south of Indrio Rd i New E-W Tobias Rd t new TVC Area road _ -_ New E-W Sebastian Rd ; new TVC Area road _— Johnston Rd j widen to 4 lanes, intersect w/Emerson Ave, extend to St. Lucie Blvd —_ Seminole Rd !connect Seminole Rd, north of Indrio Rd - ---- Indrio Rd -Emerson Ave to US1 I reduce from 4 lanes to 2 lanes West of 95 from County line to Indrio Rd I new TVC Area road New North Fly -Over (connects with Shinn Rd ext) new TVC Area road i Shinn Rd -northern ext from Indrio Rd to Turnpike widen from 2 lanes to 4 lanes _ Indrio Rd from 1-95 to Shinn Rd (north ext) i widen from 2 lanes to 4 lanes New South Fly -Over —_—_----- I new TVC Area road New E-W ''A" Rd __--- — new TVC Area road ---------- _—_-- ----_--_------._—_— Connector from E-W "A" Rd south to Johnston Rd new TVC Area road Prnnncnd [haneesto MaD Change Kings Hwy v widen from 4 lanes to 6 lanes__ _-___-- ____-------------- _ Taylor Dairy Rd I add to map, 2 lanes Emerson Ave/Johnston Rd connect Emerson Ave to Johnston Rd, 2 lane Keen Rd 1 reduce from 4 lanes to 2 lanes j Angle Rd, west of Kings Hwy ;widen from 2 lanes to 4 lanes McNeil Road I remove McNeil Rd extension from Orange Aveto Okeechobee Rd i Graham Road ;remove Graham Rd extension from Jenkins Rd to Hartman Rd Jenkins Rd widen from 2 lanes to 4 lanes _ i Selvitz Rd remove Selvitz Rd from Kirby Loop Rd to Edwards Rd Selvitz Rd widen from 2 lanes to 4 lanes Sunrise Blvd ; add Sunrise Blvd to map, 2 lanes Lennard Rd extension reduce from 4 lanes to 2 lanes Shinn Rd/Range Line Rd i connect Shinn Rd to Range Line Rd, 4 lanes _— i Range Line Rd ;widen from 2 lanes to 4 lanes C 24 Canal Road - remove C 24 Canal Rd from Shinn Rd to Carlton Rd The right-of-way protection areas pertaining to the Towns Villages and Countryside (TVC) are included. The TVC roadways have already been adopted into the Comprehensive Plan for right-of-way protection and are just being incorporated into this graphic. The Jenkins Road Area Plan identifies right-of-way dedication requirements found in Section 4.12.12, which is referenced on the proposed RWPM. Table 7- 15 in the draft ordinance is being updated to add eight lane arterials and their minimum right-of-way width of 200 feet. Previous Action: On September 16, 2010, the Planning and Zoning Commission reviewed this proposed text amendment to the LDC and unanimously recommended that it be approved. Recommendation: Board review of a text amendment to the Land Development Code to include the Right -of -Way Protection Map in Section 7.05.03 (Ordinance No. 10-036) and authorization to schedule the second public hearing. 1 2 3 5 6 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. 10-036 Text Amendment to the Land Development Code AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO UPDATE THE RIGHT-OF-WAY PROTECTION MAP AND AMEND THE TEXT OF THE LAND DEVELOPMENT CODE TO INCLUDE THE MAP IN SECTION 7.05.03; PROVIDING F INGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. WHEREAS, the Board of County Commissioners 1. This Board is authorized by Section, coordinate and enforce zoning and such protection of the public; and, This Board is authorized by necessary for the exercise of violations of ordinances in acc 3.On August 1, adopted the St. 4.On Septe on the prop least 10 days rminations: establish, iry for the pt ordinances and resolutions )e fines and penalties for the Lucie County Florida Zoning Commission held a public hearing notice in the St. Lucie News Tribune at mended that the proposed ordinance be held its first public hearing on the proposed of such hearing in the St. Lucie News Tribune on this Board held its second public hearing on the proposed ng a notice of such hearing in the St. Lucie News Tribune on The proposemendment 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 is 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 7.05.03. Rights -of -Way Determinations and Dedications, Improvements 2 3 "Rights -of -Way Protection Map" (See Exhibit A) 4 5 TABLE 7-15: MINIMUM RIGHT -OF- WAY ROADWAY TYPE WIDTH Arterial (8 lane) Arterial (6 lane) 0 Arterial/Collector (4 lane) 60 Arterial/Collector (2 lane) Local Road (w/swale drainage) 7 Local Road (w/closed drainage --curb 60 gutter) All distances expressed in feet. Actual sions to be determined a be greater or less than expressed mini given nditions and sp is roadway design requirements. Additional rig w be at the request of the County Engineer or his/her d ignee. The Bo unty Commissioners may modify standard right-of-wa for Planned evelopment if the intent of the ordinance is being uphel . 6 7 B. CONFLICTING PROVISIONS 8 9 Special acts of the F ture ap only to corporated areas of St. Lucie 10 County, County Or ces an unty utions, or parts thereof, in conflict with this 11 Ordinance are h supersede this Or ce to the extent of such conflict. 12 13 I C. SEVERABILI 14 15 If any Ord e is for any reason held or declared to be unconstitutional, 16 ino e or voi ho hall not affect the remaining portions of this Ordinance. If 17 ; th' dinance or an visio ereof shall be held to be inapplicable to any person, 18 pro or circumstan uch ng shall not affect its applicability to any other person, 19 prope circumstance. 20 21 D. APPL ILITY O DINANCE 22 23 This Ordinance s plicable in the unincorporated area of St. Lucie County. 24 25 E. FILING WITH THE DEPARTMENT OF STATE 26 27 The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the 28 Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. 29 30 F. EFFECTIVE DATE 31 32 This ordinance shall take effect upon filing with the Department of State. Ordinance No. 10-036 File No.: TLDC 720104076 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 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 X Paula Lewis, Commissioner PASSED AND DULY ADOPTED this ATTEST: Deputy Clerk ST. Kay, 2010. 14 F COU COMMISS ,CO FLORIDA ORM AND ESS: County Attorney Ordinance No. 10-036 File No.: TLDC 720104076 Page 3 1 St. Lucie County 2 Planning and Zoning Commission/ Local Planning Agency 3 Roger Poitras Annex, Commission Chambers, 3`d Floor 4 September 16, 2010 Meeting 5 6:00 p.m. 6 In the event of a conflict between these written minutes and a compact disc recording, 7 the compact disc shall control. E:3 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 1. CALL TO ORDER Chairman Mundt called the meeting to order A. Pledge of Allegiance B. Roll Call Craig Mundt ...................................... Pamela Hammer ............. .......... Edward Lounds................. ... Susan Caron ........................ .... Brad Culverhouse .................. ..... Tod Mowery . Members A Britt Reynolds . -chairman ission Member ission Member Officio Member Heathe ng .......... ..................Assistant County Attorney Kara Woo .......... ..................Planning Manager Michael Brillh ....................Business and Concurrency Manager Ron Harris ......... .........................County Surveyor Britton DeWitt ...................................Senior Planner Diana Waite......................................Senior Planner Michelle Hylton .................................Recording Secretary 35 C. Announcements 36 None. DRAFT Page 2 of 8 37 D. Disclosure 38 Mrs. Hammer stated she had correspondence with the applicant and agents for PGA America. 39 Mr. Mundt stated he met with staff about all of the agenda items 40 41 II. MINUTES 42 Review the minutes from the August 19, 2010 meeting for approval. 43 Mr. Lounds moved to approve the minutes as written. 44 Ms. Caron seconded. The motion carried 6-0. 45 III. PUBLIC HEARINGS 46 A. Chapter 5 LDC Revisions 47 Petition of St. Lucie County to amend Chapter 5 of the Land Development Code of St. 48 Lucie County. Staff comments and presentation by Michael Brillhart. 49 Mr. Brillhart stated he is still in the process of obtaining information from the Institute of Traffic 50 Engineers so they are requesting a continuation to the November meeting. 51 Chairman Mundt opened the public hearing. 52 No one spoke. 53 Chairman Mundt closed the public hearing. 54 Mrs. Hammer made the motion to continue to November 18. 55 Mr. Culverhouse seconded. The motion carried 6-0 56 B. PGA Village FLUMA: Ordinance No. 10-035 57 Petition of PGA Village for a Small Scale Future Land Use Map Amendment from RS 58 (Residential Suburban — 2 du/acre) to COM (Commercial). Staff comments and 59 presentation by Britton DeWitt. 60 Ms. Young asked Mrs. Hammer whether there would be any financial gain to her or the PGA 61 Village Board of Directors. Mrs. Hammer stated that the PGA was not a member of the PGA 62 Village homeowners' association and any impact would affect all property owners in PGA 63 Village. Based upon Mrs. Hammers' comments, Ms. Young stated there did not appear to be 64 a conflict for Mrs. Hammer on the petition 65 Mrs. Hammer disclosed that she is not a member of PGA of America. Planning and Zoning Commission September 16, 2010 Minutes DRAFT 66 Mrs. DeWitt presented the petition. Page 3 of 8 67 Greg Boggs, of Lucido and Associates, representing the applicant, stated this would be a 68 phased project and the land use amendment is the first phase. He stated that in the future they 69 would submit a development application that would include a club expansion and lodge to 70 make an all inclusive resort environment. Mr. Boggs stated the team is here to answer any 71 questions. 72 The Commission discussed what would be allowed under the current approval, and about the 73 impact on existing hotels in the area. 74 Chairman Mundt opened the public hearing. 75 George Henderson, a PGA Village resident, spoke in favor of the petition, citing the financial 76 benefits of the proposed lodge and PGA America's positive impact on the area so far. 77 Tom Can, a member of PGA and a PGA Village resident, stated he believes there is an over 78 abundance of places to stay in the area. He stated though he is a member and all for the PGA, 79 he is reluctant to support the hotel at this time. 80 Peter Perry, a PGA Village resident, spoke in favor of the petition. He stated PGA is a vital 81 business partner to the county, and he believes any development by them will be a positive 82 enhancement and contribute to long-term values. 83 Gene Antuna, a member of PGA, and a PGA Village resident, spoke in favor of the petition. He 84 stated he moved here because of PGA, and he believes supporting this is the best for them 85 and us. 86 David Gallup, a PGA Village resident, spoke in opposition to the petition, and stated he think it 87 would negatively affect the other hotels in the area. 88 Chairman Mundt closed the public hearing. 89 Mr. Mowery asked if the request was only for a small-scale amendment because he saw a 90 reference to an accompanying major adjustment to the PNRD petition. 91 Mrs. DeWitt stated in the pre -application letter there was talk of doing the adjustment at the 92 same time, but the applicant will not come forward until after approval of the land use 93 amendment. 94 Dennis Murphy, of Culpepper and Terpening, representing the applicant, stated they had 95 originally intended to submit both applications at the same time, but they decided to do the 96 plan amendment first, and then bring the major adjustment afterwards. Planning and Zoning Commission September 16, 2010 Minutes DRAFT Page 4 of 8 97 Mr. Culverhouse disclosed he was senior counsel and chairman of the bankruptcy practice 98 division of Sachs Sax Caplan, who represented Associations within PGA Village. 99 Mr. Lounds stated he finds it rewarding that PGA would like to bring a benefit to St. Lucie 100 County during this economic situation. He believes corporate America will bring their sales 101 force and customers to the resort and the other area hotels will get the overflow. Mr. Lounds 102 stated he thinks it will stimulate the county's economy. 103 Mrs. Hammer asked why the amendment area was 9.9 instead of 10 acres 104 Mr. Murphy stated commercial land use amendments less than 10 acres may be approved at 105 the local level, rather than the state level, though the same standards of review need to be 106 met. Mr. Murphy stated lodging is not allowed in the RS-3 land use so they have to change to 107 Commercial. 108 Mrs. Hammer stated her concern that the land use change will open up the possibility of 109 commercial uses other than the lodge. Ms. Hammer also stated concerns regarding the height 110 of the proposed lodge, and a flooding issue in the area. 111 Mr. Murphy stated though other uses could be applied, they would have to provide a specific 112 list of activities that will take place on the property when they go through the PNRD approval 113 process and the ultimate control will rest on the Board of County Commissioners. He stated 114 they are not in a position to commit to any height at this time because it is a design issue that 115 will be addressed as part of the PNRD. 116 Bob Baldassari, General Manager and PGA Professional at PGA Village, stated PGA brings a 117 lot of credibility and prestige to St. Lucie County, and they are not going anywhere. Mr. 118 Baldassari stated PGA has an ownership stake at the Hilton Garden Inn and would not want to 119 take away from that business. He stated the lodging component is years away. Mr. Baldassari 120 stated they are looking at ways to solve the flooding issue. 121 Mrs. Hammer stated she is disappointed there is no commitment to a height restriction, and 122 there was nothing in writing that this would strictly be a hotel. 123 Ms. Caron stated her concern they are being asked to trust PGA and in prior experience has 124 been let down by applicants that changed their plans after preliminary approval. 125 Mr. Murphy stated PGA of America has represented consistently during its tenure in St. Lucie 126 County that they will do a first class job in whatever they do. He stated he could not state a 127 specific height number because they have not finished the designs. 128 The Commission continued to discuss what may be approved with the petition, and their level 129 of comfort with it. Planning and Zoning Commission September 16, 2010 Minutes Page 5 of 8 DRAFT 130 Ms. Young stated the petition is a future land use amendment and it is not appropriate to 131 attach conditions to that approval or denial, if it is approved it will come back as an amendment 132 to the PNRD and at that time you will have more specific things to suggest. 133 Mr. Mundt stated the PNRD gives us the opportunity to shape a project to the benefit of 134 everyone. He stated he had not heard an objection from any hotels, or the Treasure Coast 135 Regional Planning Council. Mr. Mundt stated he has attended Tourist Development Council 136 meetings and PGA attends and is supportive of toutherism in communht 's inaerest at heatrtstated stated staff 137 supports it, and it will go to the BOCC who have Y 138 he will support this. 139 Mrs. Hammer asked if the land use change is approved, and the applicant came back with a 140 PNRD application for an industrial use, would that be approved. 141 Ms. Young stated it would not be automatic, but it allows them to apply for those uses. 142 Mr. Mowery stated this is part of a DRI and there are certain intensities that are provided for 143 and if they are exceeded it would need to go through an NOPC process, which is difficult. 144 Mr. Lounds made the motion: 145 After considering the testimony presented during the public hearing, including 146 staff comments, I hereby move that the Planning And Zoning Commission of St. 147 Lucie County recommend that the St. Lucie County Board of County 148 Commissioners approve the petition of PGA Reserve Inc., for a small-scale 149 amendment to the Future Land Use Map from RS (Residential Suburban — 2 150 Du/Acre) to COM (Commercial) because 1 think it will enhance the economy, 151 enhance the surrounding property, and I think it brings a lot of ingenuity to the 152 area. 153 Mr. Culverhouse seconded. The motion carried 5-1 with Mrs. Hammer dissenting. 154 (Mrs. Hammer left the Commission) 155 C. ROW Protection Map in LDC: Ordinance No. 10-036 156 Petition of St. Lucie County for a Text Amendment to the Land Development Code to 157 include the Right — of — Way Protection Map in Section 7.05.03. Staff comments and 158 presentation by Britton De Witt. 159 Mrs. DeWitt presented the draft map and proposed amendment. Planning and Zoning Commission September 16, 2010 Minutes DRAFT Page 6 of 8 160 The Commission discussed why some of the changes were made to the map, and why it 161 would be moved from the Comp Plan to the Land Development Code with the assistance of 162 Mr. Harris. 163 Mr. Culverhouse asked whether specific roads were acquired yet. 164 Mr. Harris stated some of the proposed rights of way are developer driven, so the map will give 165 the County the legal right to request the right of way from the developer for impact fee credits 166 and or cash. 167 Mr. Mowery asked whether staff was comfortable with the fact that every time a change is 168 made to this map once it is in the LDC it will have to come before the Commission. 169 Mrs. DeWitt stated the amendments to the Comprehensive Plan are a more onerous process 170 than the amendments to the Code. 171 Mr. Harris stated in order to give us the legal right to exact the right of way from the developer; 172 it needs to have Board and Local Planning Agency review. 173 Ms. Young stated that is correct, by having it be formally adopted, it gives us protection, and it 174 makes it easier for developers to look at what is around their property. 175 Chairman Mundt opened the public hearing. 176 No one spoke. 177 Chairman Mundt closed the public hearing. 178 Mr. Lounds made the motion: 179 After considering the testimony presented during the public hearing, including 180 staff comments, I hereby move that the Planning and Zoning Commission of St. 181 Lucie County recommend that the St. Lucie County Board of County 182 Commissioners approve the text amendment to the Land Development Code to 183 include the updated Right -of -Way Protection Map because I think it provides us 184 with a consistent view of future land developments in St. Lucie County. 185 Ms. Caron seconded. The motion carried 5-0. 186 D. Solar Energy Ordinance: Ordinance No. 10-034 187 Petition of St. Lucie County to amend Chapters 2, 3, 4, 7 and 8 of and Land Development 188 Code relating to Solar Energy. Staff comments and presentation by Diana Waite. Planning and Zoning Commission September 16, 2010 Minutes DRAFT Page 7 of 8 189 The Commission discussed the types of solar usage covered in the ordinance, and incentives 190 that may be offered to encourage solar use. 191 Chairman Mundt opened the public hearing. 192 No one spoke. 193 Chairman Mundt closed the public hearing. 194 Mr. Lounds made the motion to recommend approval of Ordinance 10-034. 195 Mr. Mowery seconded. The motion carried 5-0. 196 E. Eminent Domain Waivers Ordinance: Ordinance No. 10-033 197 Petition of St. Lucie County to amend the St. Lucie County Land Development Code to 198 provide for Eminent Domain Waivers by amending Section 2.00.00 "Definitions" to 199 include definitions of Acquiring Authority and Eminent Domain Waiver; further 200 amending Chapter 10 to add Section 10.03 "Eminent Domain Wavier" to provide for a 201 waiver where Eminent Domain action renders a site non -conforming; amending Board 202 of Adjustment power to include these waivers; providing for conflicting provisions; 203 providing for applicability; providing for severability; providing for filing with the 204 Department of State; providing an effective date; providing for adoption and providing 205 for codification. Staff comments and presentation by the County Attorney's Office. 206 Ms. Smith presented the ordinance. 207 The Commission discussed how the property owners' rights would be affected under this 208 ordinance. 209 Mr. Culverhouse suggested adding limiting language to the ordinance stating it would not be 210 introduced into evidence in any trial on the issue of severance damages. 211 Mr. Mowery suggested since there is no time constraint, the item be continued to review the 212 cases Mr. Culverhouse cited. 213 The Commission further discussed how the property owners' rights would be affected under 214 the ordinance. 215 Mr. Mundt stated based on the comments we will send this back for further discussion, and he 216 would like Mr. Culverhouse to meet with the County Attorney's office about it. 217 Chairman Mundt opened the public hearing. 218 No one spoke. Planning and Zoning Commission September 16, zv7 u Minutes DRAFT Page 8 of 8 219 Chairman Mundt closed the public hearing. 220 Mr. Lounds made the motion to continue the Ordinance to November 18, 2010 at 6:00 221 PM or as soon thereafter as possible. 222 Mr. Mowery seconded. The motion carried 5-0. 223 OTHER BUSINESS 224 Ms. Young stated Mrs. Hammer has been provided with a conflict memorandum for 225 Hardscapes from the last meeting, and we will provide copies of that to the Commission. 226 Mr. Lounds thanked staff for an interesting evening. 227 Mr. Mundt asked the Commission if they would like to combine November and December's 228 items in the November meeting. The Commission concurred. 229 IV. ADJOURN 230 There being no further business, the meeting adjourned at 8:55. running and Zoning Commission September 16, 2010 Minutes ViEDNESDAI', OCTOBER 6. 2010 - SCRIPPS TREASURE COAST NEWSPAPERS - 03 d Martin taking cue from St. Lucie SNOW Is the ✓ ez�ecCTime ' c on energy efficiency initiative to BUY our Home • j 1 1 B 6 d CIL Z n p e W F. o N 0. w 3 al 4) m Z Z ; f Q � L O r = J — SC N M `D p c o , d d C � N c C E c CAC ' � 0 C (SS Q1 it . O O z O C C U d (n Q d M A I G A d C1 MM coo O d � rL. x °tS `o N N M c D a� C� N C � a Z Q E O F— z In Z C N o En N U Q S (n U N Lp H C O >w m � c r � O` N C. y u V + C � � Q O • N ap •cry' ld l � ram. Ir � O > .= O . rr �a (� t.% :a (� r-a aaaaa� to C W rr N H (LL H Y GEORGE ANDREASSI pour banks have pledged up to $20 with new energy efficient .iTm andreass,�scripps.com models also can help con STUART — Martin million to the program, which will make serve power. County wants to look into A more advanced and eveloping a program to loans to homeowners to help them pay expensive initiative IS ncourageenergyeffciency installing solar photo Vol - and solar power develop- for improvements that Save energy, talc panels to generate men[ along the lines of an energy the experts said. I tivetmdertakentr St. stuff," Heard said "We things The Indiantown Non Lucie County Should have been p,usumg Four banks have Profit Housing Inc. has 21 The Martin County Com- it long, long ago" pledged up to $20 million workers who have made mission voted unanimously St. Lucie County Com- to the program, which improvementsto438hOoses ''Lesday to ask county missioner Doug Coward will make loans to From in Martin, St. Lucie, Indian officials to put together led a contingent of energy ¢owners to help them pay RiverandPalmBeachcoun - astrategyfordeveloping efficiency and solar energy for improvements that ties tD improve their energy olar power capabilities experts who outlined a pilot save energy efficiency as well as make and improving the energy program underway in St. The power of the sun them more resistant to hur efficiency of homes and Lucie County should be harnessed to ricanes, said Donna Car businesses. St. Lucie County is produce energy in the mar, the groups executive "?fs a phenomenal working with the U.S. Sunshine State, Coward director. opportunity," said Com- Department of Energy's and the other experts Tom Cooper, an archi missioner Patrick Hayes. Oak Ridge National Lab- said. tact, said he built a house , don'[ think we can act oratory to create a sus- One way to do that in Jensen Beach with a Cast enough on this. This tainable communities relatively easily is by variety of energy con ner is an opportunity as a demonstration project installing solar ther- vation features and has society we cannot afford that includes energy con- mal hot water heaters in shown it Co more than 300 to pass up on., nervation, energy effi- houses and businesses, people. Commissioner Sarah ciency, renewable energy the experts said. Replac- "It's not rocket science," Heard agreedand green building tech- ing old appliances, par Cooper said. "It's a very "This is fascinating nologies among other ticulacly air conditioners, simple thing to pursue" Man charged with DUI manslaughter BY ELLIOTT JONES Martin County Jail under a E26,000 passing and the truck hit the back of euiottiones0Ascripps coin bail the motorcycle, throwing Barry onto MARTIN COUNTY — A 37-year-old Killed in the accident the roadway and in the path of the Ho be Sound resident is charged with DUI manslaughter in the death of a _ was Charles Patrick truck. Barry, of Hobe Sound Florida Highway Patrol reports 44yeinidmotorcyclist he struck and Barry was riding a show Lookebill's blood and level ran over March loon State Road AlA, 2004 Harley-Davidson exceeded the allowable limit of 0.06 officials said. north on S.R. ALA percent and he was also cited for Michael Lookeb ill, of the 6300 about 10:35 pm. when speeding, said Assistant State Actor block of Southeast Lockerby Place, Loukebill he signaled to turn, ney Christopher Gaston. near Osprey Street, it.. a If convicted of OUT manslaughter, is charged with manslaughter and two counts of DUf with property no passing zone, court records show Lookebtll could face up to 15 years in damage. Or, Tuesday he was in the Barry turned left as LOokebiil was prison FHP bans its troopers from talking on hand-held cell phones while driving BY ERIC WEISS Eight other states, includ- troopers to pull over when distractions, Westberry ANDJEROME BURDI ing California and New using a UPS device or to said, because the cause of San Sentinel York, have such bans, it in voice -activated mode, the distraction is not always A new policy bans on- "Don't wait on a law to Law enforcement agen noted on tickets. Westberry duty Florida Highway tell youth do somethingyou ties around the country saidhewasunawareofany, Patrol troopers from using knowyou should be doing;' have adopted similar bans. trooper involved fatalities hand-held cell phones_ while said David Westberry, Westberry said troop- in Florida caused by cell driving, ameaSure aimed at spokesman for the DMV, ers spend most of their phone distractions. keeping the roadways safe which oversees state troop day behind the wheel and Banning cell phone use using officers as an exam- ers, "When you get behind should be alert. without hands -free device ple, authorises said. the wheel, pay attention" "This is their office, is a good idea, said Richard. The ban went into effect Troopers may use their this is when they do busi- Mangan, a criminal j ustice Monday for the slate's 1,650 cell phones only with a ness," he said. "Certainly professor at Florida Atlas troopers. The Department hands -free device they have the ability to tic University. of Highway Safety and "Members must be able handle that responsibility, "you're trying to respond Motor Vehicles considers to maa maintain both hands on but they (should not) be to n emergency call, if the policy proactive since the steering wheel while distracted.` you're using the cell phone Florida has no prohibition the vehicle is in motion," It is difficult to track the there's diversion in terms against holding a cell phone the policy states. number of trooper-inwlved of where attention Lies," while talking and driving. The policy also requires crashes—mdbyceb Im ne, Mangan Said. LAW OFFICES OF ERIC G. OLSEN 333 NE I.— ( I, Ba4eord - i.nan ¢veto EGOLAW.com 772-225-3393 i....•..a.a:.. 2300 Virginia Avenue rle•N•E Fort Pierce, FL 34982-5652 Q4..Ie fw Telephone: 772-462-1593 sr. i.u<te uwanN P.,ae Facsimile: 772462-2549 NOTICE OF PUBLIC MEETING Ilse s',. Lucie Travponanm P1armW9 pganzaiian ISr. Wae TPOI anrouncez a al+c meeurr9 rp wnim sl n,tere,t.a Darapr ,rn Irn:,,na. nm oP1.11 ee. Oeb .nd eOcher 6. 2m0. 2:gppm rnutlen 12;5ryLusCau.Wcie CncilCMrnberz t2, aw Pon sr e aMevara Pm. s;. wrx. Fkrids Purr mrelTP N -FV �...T n p. Mln im rPIt�TIP nt rove n e in. Fr zo wllRoafp�w,ra poet Pue6c T,Tup- arim 1.111 R.wivabn Na. 10-02 P resolum's am— me pl Travponadm for Pamoperun A9r , a 1 cairn ine Fbn@ DeF nooen: FMeralTunvi Aammis,raimn Secdm 53g3 Mn;mpdiian Pamn9 Diann. Avpelnzment m tea Blryx,ring .1Xan aarlwry Lammin.. IBPACI ske. Appwnsmern of a Pnm Bwyct,rg Reprnsenuuw ro Use BPAC. TPO En"i Poacir end Prwaduna. Aaopien of rM a rWtootwls,ns Dan 4 prodeconuinea in roc s, Luc. county Emyame Pa TPO Employee PoFc�es ena Prac es. Lone.Nen Mene.am.m Procne cNW`, Haler L,.a' AP11-1 scope of Mrrice1 for me CMP valor Upaau zn us teewor nunatiena ednvl.n s.Mry soeey Apprzr+ai . e atop¢ o1 novices la In, USl Cort,aor Inwswimrts Feaesrnan sorely S,uay. pros rmeaenl Ao,rm.n, mr m....wr. coos awmnl Traci+. ore.m.nien (remof Pecan.. ena •xeaemn a Dort mm—I 'eenanr iw mec�b. h ygial.tlra n'. D,srussron o: me St. Lwe TPO 2pn Leg'slaow Fnm,.s aorE..mme car a oisawi,y r 'niro a moamkn ,o access role n qry anwa Ppn� ,can walre: s,.-way epunn P,ar. Marra9er e 712�fi115aa u TOO 172-1112a at east a —1 pnv ro me meet ro p^ va,n a aeatgry new van:, , 772ABI. e a q 1Muk comas CmmurNTrans's 772d6a'X33 IF Pinc 772d74- so (Pon Sr. Lucie) er last 'a nouns Mmr to me m 9 The St. Lucie TPO sa,islez me r wemenrs I mCsm� +port laws zntl reg1Wanani k' ludin9 'ale VI o` me Ci alvPccid; Man claims he shredded winning lottery ticket BY BARBARA HUEK Two people correctly chose theright mighthave the winning ticket, he was Sun sentinel numbers for the$29 million drawing, worried he'd left it in the truck. Chris Gooden of Fort Walton Beach according to the Florida Lottery One After searching the truck, he real- Saysherealuedtoolatethatheshred ticket was sold at the Shell Station izedhe'd brought astack of papers tied a Florida Lottery ticket worth at the corner of Racetrack Road and from the vehicle and shredded some E19.5 million. He went back through Beal Parkway The other was a quick of them, including the lottery ticket. his shredder but was able to find only pick sold in Aventura. Gooden even went back and found a four pieces of what he believes is the Florida Lottery uses aforerisia lab few pieces of the ticket in the teeth winning beket, andthose pieces show to help people with problem tickets of the shredder The rest went to the three of the six numbers from the claim their prizes, according to aFlor landfill Sept. 28 with the household Sept. 22 drawing, reports the North Trial Lottery- spokesperson. trash. Gooden told the Northwest west Florida Daily News, Gooden Said he bought gas and a Florida Daily News he went to the He says he played numbers on the number of lottery tickets at the Shell landfill, but officials wouldn't allow back of his fortune cookie note from Station on Sept- 29. He said he put the him to search for the fragments_ lunch that day at the Tokyo Express ticket in his truck, which he sold the "My heart just sunk," he said. "I Chinese Restaurant next day. He said when he realized he just sat there feeling real stupid." PORT ST. LUCIE Port St Lucie Civic Center, 9221 S.E. access to books, DUDE, CDs and City Celebrating Civic Center Place, on the southeast children's materials. Each library corner of U S. 1 and Walton Road willnow be open two days a week Latin Heritage Month instead of five. The last day of full Port St. Lucie is celebrating Latin ST. LUCIE COUNTY service hours for both libraries will Heritage Month in style at After 5 Hours cut at Hurston, be Saturday LIVE! from 5.30 to 9 p.m. Friday. port StLucie libraries SThe Port St. Lucie Branch, at 180 . This month's outdoor After 5 LIVE! .W. Prima Vista Blvd. will be open event will fes tore the salsa, meringue, Because of the drop in tax revenues Wednrsdaysfrom l0 a.m. to 6 p m. and bolero and swing music performed by and reductions in staff, two St Lucie Fridays from 9 a.m. to 5 p.m. La Nueva Herencia Latina Orchestra County branch libraries will become The Zone Neale Hunton Branch, of Port St. Lucie The event also will "Express Service" branches with at 3008 Avenue D, Fort Pierce, will feature a classic car and motorcycle reduced operating hours, starting be open Thursdays from noon to 8 show, a great variety of food vendors, Oct. 13 . p.m. and Saturdays from 9 a.m. to arts and crafts vendors, fun for the The Port St. Lucie Branch Library 5 p.in kids and So much more. Admission and Zora Neale Hurston Branch For more information, visit http:// and parking are free. Library will focus on basic library Gbrarystlucle m gov. After 5 LIVE'. takes place in Village services such as providing Inter Square, located directly in front of the net access and Wi-Fi, along with From slafT reports -go ages 16 boor Trck VI-szwWD w�uc,ne StLune . e TPO at resprays rhe r concerns a a,a o In. we ka may also n aam m rw Pnaiae ac me ltes'ziniu 1 m< Wtgcs M1MM1n sal an. wel{ue. are as nwessaly to rezy Persons ngn: or a 1' y peram px,o appeal an aecnron mane W ,ne S:. Lode TRO PO cairn raypec lit anV crane• wns-nd sing. thin pesos snaN neaa a reca0 0l me proceedings. aM roc rpose. roar person may neetl to evurt rM a vavgence upon can pcee e. is me Rvnirh inWaez me,ewmmYena Piu -- apple.. oe maeo. erioie z, I toes plat C.000 m recy+aua mio�marron u en •;14n2.al.n>7umm Eat— si us,ac aesn mwma— en espabol. poi raver ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA October 19, 2010 NOTICE OF LAND DEVELOPMENT CODETEXT CHANGE The St. Luce county Board of County Commssi...I proposes to consider, the adoption of the following by omin.n4. ORDINANCE NO 10-036 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO UPDATE THE RIGHT OF -WAY PROTECTION MAP AND AMEND THE TEXT OF THE LAND DEVELOPMENT CODE TO INCLUDE THE MAP IN SECTION 7.05.03; PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FORAN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. APPLICANT: Board of County Commissionary, St Luca County FILE NUMBER:TLDC 720104076 This$thef five public h o nthis't th ill be held the Commission "a buir A."' Poitoes Annex, Sod Floor, St. Lucie C Iy Admr t B"Id- A 2300 Viginia Avenue Fort P' FI ride O t bar 19, 2010 beginning at li PM. or as Bonn tnere,imr as p.asi Get All interested persons will be given an opportunity 1p be heard` whnen comments received In advance of the public hearing will also be consideredwritten comments to flhe the Board of County Commissioners should be receivedby Planning and Development Services Depanment - Planning Division a, leas 3 days prior to the sheduled hearing. The petition file is available for review a: the Planning and Development Services Department oFlondaocated at 2300 Virginia Avenue, 2- Floor, Fort Pierce, - g regu ar us biness nouns. Please call 772/462-2822 d,TDD 77L462-1428 If you have any quesions or require additional information. The St. LCounty l Board of County Commissioners has the power toucie review and ore ni any applications wlthM their area of responsibility. The proceedings of f the Board I County C mmissioners are n o 'ally ec old. PUPSUANT TO Section 2d86c0105, Florida statures, it a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at a meeting d' hearing. he ,pose, he will need a record of me proceetlings. For such pun he or she may need to ensure mat a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon ,he ¢quest of any y parry to the proceeding. individuals testifying during ahearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine env 'nd'v'dual test N ng during_ hal ng uponq L I7� becomes oe masary, a pub) h g b , d f I— to time as may be necessary 11 a rite cermaid Any one with a disability requiring accommodation to atte nd this meeting ho Id cotea the St ty Lucie Coun Community Risk Manager at least fo,righ( (48) hours prior to the meeting at (772)462-1546 or TDL (772)4621428. Any questions bo aur this agenda may be referred to S. Lucie County Planning Division at (772)462-2822. BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY. FLORIDA /Si CHARLES GRANDE, CHAIRMAN PUBUSH DATE: 0—t air 6, 2010 AGENDA REQUEST ITEM NO. III-C DATE: 09/16/10 REGULAR ( ) PUBLIC HEARING (X ) LEG. (X ) QUASI -JD ( ) CONSENT ( ) TO: Planning and Zoning Commission PRESENTED BY. Britton De Witt SUBMITTED BY: Planning and Development Services Senior Planner Department SUBJECT: Right -of -Way Protection Map BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: None RECOMMENDATION: Recommend adoption of the text amendment to the LDC to include the Right -of - Way Protection Map in Section 7.05.03 (Ordinance No. 10-036). Coordination/Signatures County Attorney ( X ) --- A---- Daniel S. McIntyre County Engineer (X) MVP Michael Powley Originating Dept. ( X) h�5 k Satte lee County Surveyor ( X) fowl l Ron Harris ERD ( ) Karen Smith Planning and Development Services Department MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satterlee, A1CP, Planning & Development Services Director Kara Wood, Planning Manager W FROM: Britton De Witt, Senior Planne Planning Division DATE: September 16, 2010 SUBJECT: Adoption of Right -of -Way Protection Map into Land Development Code. ITEM NO.: III-C Background: Proposed changes to the Comprehensive Plan, based on recommendations from the Evaluation and Appraisal Report (EAR) adopted in October 2008, were presented to the Board of County Commissioners on June 1, 2010. One of the proposed changes to the Comprehensive Plan was to relocate the Right -of - Way Protection Map (RWPM) into Section 7.05.03 of the Land Development Code (LDC), "Rights -of -Way Determinations and Dedication, Improvements." The Department of Community Affairs does not require this map to be present in the Comprehensive Plan and updates to the data would be more efficient if located in the Land Development Code. The Schedule of Capital Improvements located in the Capital Improvements Element of the Comprehensive Plan is based on anticipated needs identified on the RWPM. The LDC requires the "Thoroughfare Network Right -of -Way Protection Plan," of which the RWPM is a part, to be reviewed and updated every two years. Before adopting the RWPM into the LDC, the map was reviewed by the Development Review Committee, including the Planning and Development Services Director, the County Engineer, the County Surveyor and the St. Lucie Transportation Planning Organization. The goal of the review is to assess the transportation corridors and the necessity for retaining property acquired for the transportation network. If a transportation corridor is determined to be no longer necessary, the transportation corridor shall be removed from the Plan. If a new transportation corridor is determined to be needed, the transportation corridor shall be added to the Plan. Attached as Exhibit A is a draft updated Right -of -Way Protection Map with the proposed roadway updates highlighted in yellow, and following is a table listing each update: Roads Being Added to Map Koblegard Rd New E-W Tobias Rd New E-W Sebastian Rd Johnston Rd Seminole Rd Indrio Rd -Emerson Ave to US1 _West of 1-95 from County line to Indrio Rd New North Fly -Over (connects with Shinn Rd ext) Shinn Rd -northern ext from Indrio Rd to Turnpike Indrio Rd from 1-95 to Shinn Rd (north ext)- New South Fly -Over New E-W "A" Rd Connector from E-W "A" Rd south to Johnston Rd ROW Map Text Amendment September 2, 2010 Page 2 add to map, extend south of Indrio Rd --------------- ---- new TVC Area road - -- new TVC Area road widen to 4 lanes, intersect w/Emerson Ave, extend to St. Lucie Blvd connect Seminole Rd, north of Indrio Rd reduce from 4 lanes to 2 lanes -new TVC Area road_ _--_—_ --- --- new TVC Area road -__.-_----------- ---------- widen from 2 lanes to 4 lanes -------- ----------------- widen from 2 lanes to 4 lanes - - new TVC Area road — new TVC Area road _ new TVC Area road Proposed Changes to Map Change i widen from 4 lanes to 6 lanes Kings Hwy Taylor Dairy Rd --_--_— 2 lanes--_----_—__---------- --- i add to m-ap,-------- ----+---- _ Emerson Ave/Johnston Rd connect Emerson Ave to Johnston Rd, 2 lane ----__--_—_—_ -- — Keen Rd reduce from 4 lanes to 2 lanes ------ --------- ---- Angle Rd, west of Kings Hwy widen from 2 lanes to 4 lanes --- 'remove McNeil Rd extension from Orange Ave to Okeechobee Rd McNeil Road remove Graham Rd extension from Jenkins Rd to Hartman Rd Graham Road remove Graham Rd extension from Kings Hwy to Rock Rd Graham Road Jenkins Rd j widen from 2 lanes to 4 lanes ! remove Selvitz Rd from Kirby Loop Rd to Edwards Rd Selvitz Rd Selvitz Rd widen from 2 lanes to 4 lanes Blvd add Sunrise Blvd to map, 2 anes - _Sunrise Lennard Rd extension T reduce from 4 lanes to 2 lanes— Shinn Rd/Range Line Rd connect Shinn Rd to Range Line Rd, 4 lanes — Range Line Rd widen from 2 lanes to 4 lanes — — — remove C-24 Canal Rd from Shinn Rd to Carlton Rd The right-of-way protection areas pertaining to the Towns Villages and Countryside (TVC) are included. o The TVC roadways have already been adopted into the Comprehensive Plan for right-of-way protection and are just being incorporated into this graphic. The Jenkins Road Area Plan identifies right-of-way dedication requirements found in Section 4.12.12, which is referenced on the proposed RWPM. Table 7- 15 in the draft ordinance is being updated to add eight lane arterials and their minimum right-of-way width of 200 feet. Previous Action: None. Recommendation: Staff recommends that the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners for the text amendment to the LDC to include the Right -of -Way Protection Map in Section 7.05.03 (Ordinance No. 10-036). ROW Map Text Amendment September 2, 2010 Page 3 Suggested motion to recommend approval/denial of this request: MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE THE TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE TO INCLUDE THE UPDATED RIGHT-OF-WAY PROTECTION MAP BECAUSE.... [CITE REASON(S) WHY — PLEASE BE SPECIFIC] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY APPROVAL OF THE TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE TO INCLUDE THE UPDATED RIGHT-OF-WAY PROTECTION MAP BECAUSE.... [CITE REASON(S) WHY — PLEASE BE SPECIFIC] I 2 4 6 7 8 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. 10-036 Text Amendment to the Land Development Code AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO UPDATE THE RIGHT-OF-WAY PROTECTION MAP AND TO APPROVE AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE TO INCLUDE THE MAP IN SECTION 7.05.03; 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 ADOPT . WHEREAS, the Board of County commissioners lade the following rminations: I.This Board is authorized by Section..01(1)(h), coordinate and enforce zoning and such 1`gess re protection of the public; and,µ` 2. This Board is authorized by S' ct , n._ 125.01(1)(t necessary for the exercise of fs` ovyelrs.and to prey violations of ordinances in accorl-Ece with 3. On August 1, 1990 the -bc adopted the St. LticeYCohn 4.On Septemb, 6, 2010, t on the proposed ordinan,c least 10 days phor"Ao th'e:= appro�+dtdenied 10'; ordinance, after pint , 2010 6. On 20 ordinarice, after put rd of Cbunty�� nmts Land nt C i Statut& establish, as are necessary for the opt ordinances and resolutions rbe fines and penalties for the of St. Lucie County Florida inningVa-d, Zoning Commission held a public hearing r publish�g notice in the St. Lucie News Tribune at dlAnd-re6&hmendecl that the proposed ordinance be Board held its first public hearing on the proposed iotice of such hearing in the St. Lucie News Tribune on this Board held its second public hearing on the proposed Ina a notice of such hearing in the St. Lucie News Tribune on 7. 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 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 7.05.03. Rights -of -Way Determinations and Dedications, Improvements 2 3 "Rights -of -Way Protection Map" (See Exhibit A) 4 5 � TABLE 7-15 ROADWAY TYPE MINIMUM RIGHT -OF- WAY WIDTH Arterial (8 lane) �ii0, Arterial (6 lane)00 Arterial/Collector (4 lane) 60 Arterial/Collector (2 lane) Local Road (w/swale drainage)�' 70 Local Road (w/closed drainage --curb aid.°'. gutter) 60 All distances expressed in feet. Actual dtmansions to be site determined and`rh,ay be greater or less than expressed minimijtrts,given sj;tO_conditions and specific roadway design requirements. Additional right 7 way � If be at the request of the County Engineer or his/her designee. The Board fi G-ounty Commissioners may modify standard right-of-way t Ottas for Planned Unit Development if the intent of the ordinance is being upheld n 6 7 B. CONFLICTING PROVISIONS 8 9 Special acts of the Florida`tegislature ap0jCabJe only to unincorporated areas of St. Lucie 10 County, County Ordinances and. -County R000lutions, or parts thereof, in conflict with this 11 Ordinance are hesuperseded by this Ordinance ance to the extent of such conflict. 12 13 C. SEVERABILITY =_ 14 15 If anyx ottron ©fi 'this Ordinance is for any reason held or declared to be unconstitutional, 16 inoperative or void, such holdfng,shall not affect the remaining portions of this Ordinance. If 17 thtS ordinance or any , rgvisiahs,lhereof shall be held to be inapplicable to any person, 18 property; or circumstancessuch holding shall not affect its applicability to any other person, 19 properfy dr,circumstance. 20 21 D. APPLICABILITY OF?ORDINANCE 22 <.,. 23 This Ordinance stlall tie 24 applicable in the unincorporated area of St. Lucie County. 25 E. FILING WITH THE DEPARTMENT OF STATE 26 27 The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the 28 Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. 29 30 F. EFFECTIVE DATE 31 32 This ordinance shall take effect upon filing with the Department of State. Ordinance No. 10-036 File No.: TLDC 720104076 Page 2 i 1G. ADOPTION 2 3 After motion and second, the vote on this Ordinance was as follows: 4 XXX 5 Charles Grande, Chairman 6 XXX Doug Coward, Vice -Chair 8 XXX 9 Chris Dzadovsky, Commissioner - 10 X 11 Chris Craft, Commissioner 12 66 t 13 Paula Lewis, Commissioner 14 :n 15 May, 2010. 16 PASSED AND DULY ADOPTED this Y 17 BOAn—OF COU10-Y COMMISSIO 18 ATTEST: 19 ST. LUO COI;, V FLORIDA �} 20 21� 22: 23 E BY `� 24 Deputy Clerk t Chairman 25 'APp VED A *b FORM AND 26 27 CRECTNESS: 28 - 29 30 Y 31� County Attorney 32 _ Ordinance No. 10-036 File No.: TLDC 720104076 Page 3 7.05.03. Rights -of -Way Determinations and Dedications, Improvements. A St, Lucie County Thoroughfare Network Right -of -Way Protection Plan. 1. Findings. Action must betaken to plan, designate, and develop transportation corridors within St. Lucie County for the following reasons: a. Traffic congestion and overcrowding on the State Highway System and County Road System constitute a serious and growing problem, which impedes the development of an effective County -wide transportation system, results in increased incidents of traffic accidents, personal injury, and property damage or loss, impedes sound economic growth, impairs effective growth management, discourages tourism, increases maintenance costs, shortens the effective life of transportation facilities, delays public evacuation for natural storms and emergencies, impairs national defense and disaster response readiness, delays response time for emergency vehicles, significantly increases public infrastructure needs and associated costs related to the provisions of police, fire, accident, medical, and hospital services, impairs air quality and otherwise is injurious to the public health, safety, and welfare. b. The designation and protection of transportation corridors and the planning and development of transportation facilities within transportation corridors will substantially assist in allowing St. Lucie County to mitigate traffic congestion and overcrowding on the State Highway System and County Road System, and aid in the development of an effective uncongested and adequately maintained County -wide transportation system. c. Transportation corridors cannot be developed without timely identification, preservation, and protection through regulation, or acquisition of property necessary to accommodate existing and planned transportation facilities within the State Highway System and County Road System. d. Protecting, preserving, and timely acquiring property for the development of transportation facilities within the transportation corridors will also prevent the creation of the health, safety and welfare problems and liabilities described above from burdening the County with increasing public revenue requirements, will substantially aid the sound planning for growth, assist the provision of transportation facilities concurrent with the impact of development, expedite the provision of an adequate State Highway system and County Highway System for the residents of the County, alleviate traffic problems, and substantially enhance the elimination of traffic hazards and the improvements of traffic facilities. e. The St. Lucie County Comprehensive Plan in Policies 1.1.7.3 and 2.1.3.1 directs that appropriate measures should be taken in order to protect the level of service standards on all public roadways within the unincorporated county which include the State Highway System and County Road System. The Comprehensive Plan also directs that land development adjacent to roads where there is substantial right-of-way requirements pursuant to County specifications should provide for dedication of sufficient additional right-of-way to bring the adjacent right-of-way up to minimum County standards. 2. General. The St. Lucie County Thoroughfare Network Right -of -Way Protection Plan shall identify existing and future transportation corridors and transportation facilities, and shall serve as the implementing Section of the Transportation Element of the St. Lucie County Comprehensive Plan. 3. Purpose. The purpose of the Thoroughfare Network Right -of -Way Protection Plan is: a. To identify the rights -of -way needed for both County and Inter -County Road Systems in conjunction with the State Highway System to ensure county and regional continuity of the transportation system for St. Lucie County. b. To encourage municipalities within St. Lucie County to adopt similar Thoroughfare Network Right -of -Way Protection Plans that are consistent with the County's Thoroughfare Network Right -of -Way Protection Plan. c. To utilize as many existing rights -of -way as is reasonably possible, and to anticipate future needs in areas where rights -of -way do not exist. d. To establish right-of-way widths for future transportation facilities. e. To establish and encourage harmonious, orderly and progressive development of the County Road system and State Highway System in St. Lucie County, that would assure safer and more efficient traffic circulation. f. To adequately plan for the future transportation needs of St. Lucie County and its citizens. B. Review of the Thoroughfare Network Right -of -Way Protection Plan. The Thoroughfare Network Right -of -Way Protection Plan shall be reviewed by each of the following the Growth Management Director, Public Works Director, St. Lucie Metropolitan Planning Organization, and the St. Lucie County Board of County Commissioners at least one (1) time every two (2) years to assess the necessity for continuing the protection of the transportation corridors and the necessity for retaining the property acquired for the transportation corridor. If a transportation corridor is determined to be no longer necessary, the transportation corridor shall be removed from the Plan. If a new transportation corridor is determined to be needed, the transportation corridor shall be added to the Plan. Any additions or deletions from this plan shall be accompanied by the appropriate amendments to the Transportation Element of the St. Lucie County Comprehensive Plan. C. Minimum Right -of Way and Typical Section Requirements. The following minimum right-of-way widths (Table 7-15) shall be used in considering land dedication needs for roadways identified on the Thoroughfare Network Right -of -Way Protection Plan. TABLE 7-15 ROADWAY TYPE I MINIMUM RIGHT -OF- WAY WIDTH Arterial (8 lane) 200 Arterial (6 lane) 200 Arterial/Collector (4 lane) 160 Arterial/Collector (2 lane) 80 Local Road (w/swale drainage) 70 Local Road (w/closed drainage --curb and gutter) 60 All distances expressed in feet. Actual dimensions to be site determined and may be greater or less than expressed minimums given site conditions and specific roadway design requirements. Additional right-of-way will be at the request of the County Engineer or his/her designee. The Board of County Commissioners may modify standard right-of-way widths for Planned Unit Development if the intent of the ordinance is being upheld. —,I PORT St, LUCIE Feats page. The 52 finalist nominees PORT 5T- LUCIE will each receive a prize of $2,500 for Watercraft rentals available d9/11 tribute, exhibit their respective school at HillmoorLake Park C coining,to Civic Center A panelof qualified judges willnar- u The City of Port St LUcie will have row the field down to the top 10 videos Port St. Lucie and Up the Creek >. a 9/11 Memorial Tribute that will based on the "wow" factor, athleti- with a Paddle have formed a PamJer- include the opening i ut exhibition cism. impact of the play and priced, ship to offer swan boat, paddle local, d m the Civic Center Art Gallery The iry of the video, which will include a and kayak rental services on week- s tribute will begin with a ceremony at title and brief description of the play ends, starting Saturday of Hillmoor 0 8,30 a.m. Sept. 11 in the Civic Center's Voting for first and second place and lake Park on the Woodstork Trail Village Square. The art exhibit will the grand prize winner will be Dec. Hourly and daily rates are avail- remainoPenfor two weeks. 2 until Dec. 10. The winners will be able, and charter services and Party C C The eemony will include several announced on Dec. 13 cash prizsfor rentals Can be ranged Reservations l - speakers who we e involved with the the top videos are $15.000 for he grand are recommended Z O aftermath and cleanup at ground prize,$10,000 for first place and $5,000 the Creek Paddlermation a�(772)323 W �' Zero, including an agent with the U.S. for second place. C 7773 or upthecreel�CTAotmail tom L O Department of Homeland Security TREASURE COAST (n G _,aretireI member of floe New York TREASURE COAST y Police Department Co mterTeTrot Child Safety program FPL offers resources, ism B eau Anyone who suffered a to ramp up awareness tolocal schools ,Q Z to pe cal loss on Sept 11, 2001, because Z 3 of the terrorist attacks are invited to Never Ixave A Child Unattended is grants G1 T be seated in a designated area in Vil- Carrying out the largest public aware- Florida Power &Light Co. offers ]age Square, to honor their loved one. ness Campaign in the Or programs local schools access a funding and C science programs about energy, solar G ' C Admission and parking am frce. The 17year history ower and Conservation, Port St Lucie Civic Center is at 9221 th�bo�f asturinganew poster p Teachers Can apply for grants for J p S.E. Civic Center Place. a+ design and even greater involvement renewable energy education class- i TREASURE COAST try community organizations. room prvjecls. Schools also ransubmit OCl) o Contest seeks bestvideos The program alerts parents and requests forfreeassembly educational G other caregivers to the dangers of bons by EPL's popular educational mE d from high school football leaving children unsupervised, even characters, Captain Conservation and C CL > State Farm Insurance Companies for just a few minutes. Professor Whys. l0 L� is kicking ois are awarded Bit ff Friday Night Feats, a "It's especially important, now Renewable Energy Teacher Grants of V (i L Lincrend con test to find the biggest stmoments ppr aching, thatall lileu that the b,isy oparents and r Day ,care- ot- 5,,000. Applinetioru are avIS ailable J C (0 d ,rents, and givers be alerttothedangers children at FPL.com/commtmity/learning/ N J -p of the season. Players, p while dy tans can win up to $17,500 for their pools,ceco koutseand other end -of- is Oct Sand wimaeL aunt°uri m hi Eligh gible f dI m Eligible fans, coaches, ge Of energy players and summer activities," said Amy her and olar educatonal tools, a tivifi s U community members Can submit vid co-founder of the campaign w ith O cos to the State Farm Friday Night husband, Fort St. Luc e Police Capt andProjecble ��eall grs ana a lee FPLs t\l C Feats coats[ page, F - 24 gh Fees Don E DI OUnat-comfrom through mute. The 2010Never Leaveoludes public freesunity/leaOrung a[arschom/ m Videos will be submitted and voted tended Campaign also includes public community/leazriing/solazschfrom E - (� E on by the public during two time service advertisements in area news- shttnl.lU requsta presentationfrom O 7 periods or 'halves.; The first half papers, and on local radio and televi- FPL's school assembly program, vsxlt d ) ends Oct. ? and the second is Oct. 8 sion stations. For more information the Professor Whys or Captain Conner z O _ through Nov. 24. V ewers will deter or to request program materials, con- station link at FPL.com/eduraflon. eat C U I d half by by voting 26 t on the Friday Night or Call (7hoodunnes from each tact 72) 8788878 veactildi3nattended.org, Ftom staff reports � r U Q cn C ST. LUCIE AND OKEECHOBEE COUNTY WE CASH CHECKS! a LABOR DAY CLOSINGS LB1 Casa Cheek C Labor Day is Mon day, sept. 5. LAW ENFORCEMENT=Cashing!iSerweer` m ADMINISTRATIVE OFFICES ??m SCY CD 5t L IHOOLSrA 1 Pub., st Lucia Coar.b� BH." i gS4 Part St Lucie, � - Scn 1 CI d S pl. 6 Ofnce: Closed Sept 6. r d ok n b Public Schools Fort Pierce Police. 'Closed Br(dge Pllact Rear r LU7 .t.. (p Closed Sept Point 6 Sept 6. PSL Lu cia Ponce closed $' - IRSOClosed Sept 6 s,,. — � �`$"}'•� SepL 6 X 08 FAO Closed Sept 6- C N N m GARBAGE PICKUP 7 fort Pbr[e Department of � Solid Waite: No plckuP Sept. fi. ~ wute Pro: Regular service SepL 6 Nst Lucie county Landnll: C C N G Closed $ep[.6 Wute ManaBemani of a Regular Pickup z CL 6 Atoll SeptSepL 6: lard011 closed. 3: OFFICEE POST 6 oevery SepL Z_NNN m 0 PUBLIC fn N _ O TNANSPORTATION Q � l l U St Lucie county Community Transit No service Sept 6 0 Treasure coast Connector ANO $B,v.F Sept 6 ST LUCIE NEWS TRIBUNE Busness dff, a Closed Sept. 6. BANKS I + OE' A 0!menial"Intsitr—contacted All be Closed Sepr 6, comact plx Ta 6 financialinslRuton for SpeCRD Otg hours. A PHARMACIES d Allpharmade5 contacted will oe open SeDL 6i contact your pharrnacyiw speclr[,WR. Fj J a O Be�.,g GROCERY STORES d Ar groeerds concippo ill oe *li U open SepL 6-, contact your grocery y' O for sl]eCiriC lDura. O fir > y MALLS Indbn Plver Mall Open regular U IF• ill hours SePr6 Q) y, rVVVE///j H Treasure coast Square mall'. Open tell hours Sept 6 U LIBRARIES Lucre Courtty public 0 QV Sc IlDra h. Cased Sept. fi Okeechobee CDYr+p' public A ] e N A libraries-. Closed Sept. 6 W GOVERNMENT 2 St Luc.. Counb: Closed Sepr. y O `L supa,,a., of Elections: •�'�]R. *r Closed Sept. 6. T St Lueb CGId yTu Cased SepL 6. C., e of Pa CItY of R Lucie: CloSetl Sao V hDr6 C yy f oFort, FoPlaice. Cased Sepr 6. Closed ps i N Okeechobee County-. Sept 6 • ejl{ W City of Okeechobee_ Closed SepL 6. Z W ilia F COURTS St Lucia CouM C°urUousa: Closed Sept 6 Courthouse, Fort Federal Pierce: Closed Sept. 6. Ok•ecnobeecounty°en R Hip Implant Recall Alert e J&J DePuy ASR Hip 9 Zimmer 1 / , The recent recall and/or suspension of sales of these hip replacements is the result of the high failure rates reported by doctors to the FDA. Patients who have been implanted with either of these defective hip implant devices may be entitled to medical monitoring and money damagesCall us . immediately it you have been implanted with a Zimmer, I I or a JillDel I a F I Finformation a loved one has received a Johnson & Johnson DePuy Cup or a Zimmer Durom Cup Hip Replacement then you ll us now to find out if you may be eligible to make a claim nsation against the manufacturer of this device. We DO e claims against your doctor or hospital. Call now for a ation packet. is available. The Johnson Law Firm represents clients nationwide who have been injured by defective medical devices. We work on a contingent fee basis nationwide. our clients are neverar risk of having to pay any money out of their own pockets. All fees, court costs and expenses are taken only out of any recovery we make for the client. If there Is no recovery the client owes nothing. Call us now. MONEY DAMAGES MAY BE AVAILABLE. TIME LIMITATIONS WILL BAR LATE CLAIMS THE JOHNSON LAW FIRM � � ., providing aaur to yurNn for aloe :r jured , J CALL NOW! TOLL FREE aee Claims handled nationwide. Local meetings will, lawyers are available nationwide by appointment only. Principal office In Fort worth, TX. Phone answered 240/365 Call now! ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PUBLIC HEARING AGENDA September 16, 2010 NOTICE OF PROPOSED LAND DEVELOPMENT CODETEXT CHANGE He Bt. Lurie Coun1Y %anninp and Zorvn9 f<mmivcn/lavl nine ApancY ia,Fnadutw to,view antl m.•. r•mmm.ndid ° npaNirp tM bnewinp dam ro W mh.id•rM br • I.P1,0n ar In, ae,ro of Calicos Commissionan of St. Lucle County. FienOa, by ordin.nls. ORDINANCE NO. 10-014 AN ORDINANCE OF THE ST LUCIE BOARD OF COUNrY LAND.OE ELDPMEM CDOE REGRDWG SOLAR ENERGY BY AMENDING BBono S OOa BY .OAMENDING SECTION siaBY A LWImATgeK ON UND UUSE APPLICATONBC NIO O '.to RESEARCH AND EDUCATION PART( OVERUYAIONE USE Lw2RATgNS; BY GEATING SECTION t102a SOUP ENERGY BUPREMENTAL Sf0.ND0.RO5: BY AMENDING SERgN ENDING aaO.OJ MRTCUUR PERMnTFD ACCESSOPY STPURURE AND USER IN PEBIDENTML, AGR..LTUFAL. AND PUNNED ANn 'EVEIAPMENTS; LFil_G FOR CONRIRWG ide Ipidess BEVEyeful AND APPLIUBIIm': MOVIDWG FOP HL. WRH THE DEMRtMENT OF stare PROYIDWG FORADO_o AND CODIRCATIONANDAN EFFECTIVE DATE. LI-- 6L Lucie County LOCATION OFAFFECTED PROPERTY: Unincoryeraced Bt Lod. Courtly The Pl.hh,H, end Zoning w CommilaNLld In Plhe 9 Age— hem PUBLIC SEARING on this na i Ch•mb•r Rog i Pcivaz Annez. Jba rd Floor,1 St. Pe�1rea Florke Adminisu on Buikinp, 23p0 YrBinia Avenue. Fon E 1i .. G 16 2010 bepinninp el 6 W Bit ....... All 1 as p.,s. be heard. An cot. nee P•ra na war be piv.n an ovpewmry t a win widen w menu ocsivetl in advanceoo,nt. pub,i g and zon!np .idied . wdnan w le r .Plant n _ Cmm�uuoNLdc.I Pl He' Ape �Y .,Dula be ncuvad by the Pl.nninp and Development services Dapanmem - Pl.nninp Division ,r lees 3 day, prior to Ne achsa, ed na•rinp. 'Na P •mm�p . d e p.dcvn t Table mr nvi.w a DrvHopmem sarvae� OaP.nmeni d,, a looud s1 23pc Vup,ma e. end Fleoe Fon %.ice. Florida, dur,ne re tar dunnees np�ra. Pb.ae cal nzN6x-za22 drro0 nvasa+axe n rou M1..e,nv guenions or repuire add aional _hH.don. The sl. Wcie C° 11 Planning end z.11H,d Commrasl a^motbe Pbnninp ApencY Has rh• power ro ravnw an ncomme sr. Luce County ao..d or County Commizaion iriispon pp,.,• o aio,nr avvr°aa°ns ,nil thNr .Two °nao°a The P ,aedinps of the Pla n npanand pCO cop Com PURSUANT To Planning Apanry are •Iscironi IIit r riled. • ,pp.•I za6 n F s a ita Wrenn tl.Pie.a ie ny tlaci , Tda by +he Planamp .ntl 2oninp CommissroNlocel Planning Apancy witH respect to any manor ronaideretl ail a F., I— or rinq^M1t or,He will neeasorecortl °lmep'°u banmz rFor`a tli tunp°.. d- d he tezl coons antl he OroceeCinp li D d. Upon the ra°uasr of ev d•nu upon M1 hd p nd'+e..Is +sally p d Mg a nunnp wn Pani.vc In p ,n• prpce.a rip w 11 D g d d be r p d nussan w N B , o01on un'N ro 1' D e na a p b' n g p p d d d modal d n e -h d .r I the stnpLuce County C V R t m inp snood ,e m 1]]n per ar I Y 77 eel ,ours by °r t s abou^ptn s 2)a63 t5a6 TOO. 1].,6x-a26..h pPantnnc Dvson si pond. mar w T d to sr. Luce county (]]xl 462 xBx2 TDD (]>x) s62 t42e. PLANN N6 AND ZONING COMMISSION/ LOCAL PLANNING AGENCY sT. LUCIE COUNTY FLORIOA ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA September 16, 2010 NOTICE OF PROPOSED LAND DEVELOPMENT CODETEXT CHANGE The St Lucie County Planning and Zoning Commission is scheduled to review and make recommendations regarding the following Item petitioned for adoption by the BOB td of County sio Commisners of St Lucie County, Florida, by Ordinance. ORDINANCE NO. 10-036 Al Ordinanceofthe Board of Countycommiaors of St. Lucie County. Florida, to updatte. the right-of-wav protection map .rid to approve amending the tent of the land deve)oPmant code to 'nclude the map in section 7.05. D3; providing findings, providing for conflicting Provisions; providing for sevenbiliry: providing for applicability; providing far filing with the flonda department of state. providing for an effective data; and providing for adoption. APPLICANT: St Lucie County The Planning and Zoning Commission PUBLIC HEARING on this item ,all be held In the Cornssidn Chambers, 119er Ponies Annez. 31d Rom, Sr Lucie County Administration Building, 23N Virginia Avenue, Fon Pierce, Rdrida on September it. 2010 beginning 116:00 P.M. of as Bonn RRreaher as D.s bla All intererted Da!sons "1 be given an opppnuniry 1. be heard. Written comments received in advance al Inc public hearing will also be considered. Mitten comments ad Vie Planning and Zoning Commission should be received by In, Planning and Development Services Depenmem Planning Divzmn at lees[ 3 days Pnor Ir the schedded ....... The Dellion file is available fur renew et Ne %inning and oevelpmam Servic as Dep.mnanl offices located at Z100 Virginia Avenue, znd floor, Fan Pierce, Ronda, during regular business hours. Please can 772/a62-2B22 or Too 772Ja62-14N A you ,.,a any RlIestnns vi reROi,e admdonai i Hoc n The SL Luc . Tie county Planning and Zp ,hi, Commission has In,power re and end to the SL Lucie County Board of Cu r CI.omrlr .ners, for .111v l or disc pPlaval, any applications w`Nn moo- area pt respmsbilitY and Zonis commission a e rorniceedings of Ne Piannine v+' n 286.0105, .1 . any carded. Fl -da Stands. B a person decide,, to appeal any dens on made by die %inning end Zaninq Commission wn, respect to any male, nsid.ad et a maeanq or hooting, he or she will need a record of the procee,,,ll For such purpose, he or she may need 11 ensure Nat erbadm record of dN Droceedings is mail, whit, record inclWes His ,chircry and evidence upon which the appeal is to be based. Upon the re9uest of any Dam to the proc<edinq. indivitluals iestilying dui rig a h g rib ssv A y D rtl' . the pviceed nq wit De grametl part .Mt .Y hdN,du., i,,tY,N dung a l, p i p If ' b ry public heanngm yb dto d mkl eean lh 0 bary p 9 mod [ e_dthis Risk g h dd m the St Luce C ty C tY MAN ager t M<ight 1a81 ,ours p t M ebng el imay bee refe, ed m SOLI b el County PI nnyng Division at I]121a62 sop PLANNING AND ZONING COMMISSION/ LOCAL PLANNING AGENCY 5T LUCIE COUNTY, FLORIDA /SICRAIG MUNDT, CHAIRMAN PU8LISH DATE: Seplember3, 2010 4K AGENDA REQUEST ITEM NO.lMr DATE: December 21, 2010 iCOUNTY REGULAR [XX] . PUBLIC HEARING [J CONSENT[ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyreCounty Attorney SUBJECT: Interlocal Agreement with Port St. Lucie - Solid Waste BACKGROUND. See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends �rthotriza a the r ��a tea^ the sntgnerlotchel Agreement and Agreement. COMMISSION _ACTION' CONCURRENCE [� APPROVED [ ] DENIED [ ]OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Approvols 2 ' Management & Budget�Purchasing: County Attorney orie Gown Daniel S. McIntyre Solid Waste M r l-v- Originating Dept. Public Works Dir: g Ron Roberts pon est Finance: (Check for copy only, if applicable) Eff. 5196 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.: 10-1621 DATE: December 15, 2010 SUBJECT: Interlocal Agreement with Port St. Lucie - Solid Waste BACKGROUND: Attached is a draft Interlocal Agreement between the County and the City of Port 5t. Lucie. Under the terms of the Agreement, the City agrees to deliver all of its municipally collected solid waste to the County's Glades Road Landfill for a period of ten (10) years from October 1, 2010. The Agreement will automatically renew for an additional ten (10) years upon the mutual agreement of both parties. In return, the County would agree to maintain the current tipping fees for Class I Solid Waste ($41.00 per ton), Yard Trash ($26.00 per ton) and Construction and Demolition Debris ($29.00 per ton) for the f irst 5 years of the Agreement unless costs increase due to a change in law or excessive inflation (greater than 10% in any one year). The Agreement also provides that the County will share net revenues with the City derived from the County's sale of recovered materials, the County's sale of landfill gas, the franchise fees collected by the County and the promotional fees paid to the County by the County's franchised hauler. The initial annual revenue sharing payment is $ 240,000.00 The Port St. Lucie City Council approved the Interlocal Agreement on December 13, 2010 by a vote of 5-0. RECOMM NE CATION/CONCLUSION Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. Daniel 5. Mc County Atto DSM/cof submitted, INTERLOCAL AGREEMENT BETWEEN ST. LUCIE COUNTY AND CITY OF PORT ST. LUCIE THIS INTERLOCAL AGREEMENT ("Agreement") shall be effective on the I' day of October, 2010 (the "Effective Date"), by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, having an office and place of business at 2300 Virginia Avenue, Fort Pierce, Florida, 34982 (hereinafter referred to as the "County") and the CITY OF PORT ST. LUCIE, a Florida municipal corporation, having an office and place of business at 121 SW Port St. Lucie Blvd., Port St. Lucie, Florida 34984 (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, the County and the City (collectively, the "Parties") have evaluated their options for the collection and disposal of the solid waste generated by the residents and businesses within the County and the City; and WHEREAS, the County and the City wish to use environmentally -sound, efficient, and economical methods to manage their solid waste; and WHEREAS, the County currently owns, operates and maintains a solid waste management system (the "System") that is designed to handle the solid waste generated by all of the residents and businesses in the County and the City; and WHEREAS, the City wishes to use the County's System for the management and disposal of the City's solid waste; WHEREAS, the City is willing to deliver its solid waste to the County's System, and the County is willing to accept the City's Municipally Collected Solid Waste for disposal; and, WHEREAS, the Parties agree to act in good faith, work together in a cooperative manner, and take all necessary and appropriate actions to effect the purpose and goals of this Agreement, pursuant to their respective lawful authority. NOW, THEREFORE, in consideration of the premises and the mutual covenants set forth herein, and of the undertakings of each Party to the other, the Parties do hereby promise and agree as follows: ARTICLE I DEFINITIONS The following terms shall be defined in the manner set forth below. If a term is not defined in this Agreement, the definitions in Section 403.703, Florida Statutes (2010), and Section 62-701.200, Florida Administrative Code, shall be used to supplement the definitions contained herein. If there is conflict between a definition contained herein and any other definition, the definitions contained herein shall control when construing this Agreement. $:\ATTY\A&REEMNT\INTERLOC\PSL-SolidWastepisposol-'10(rev) clean.wpd 1.1 "Class I Solid Waste" shall mean all non -hazardous solid waste that maybe lawfully placed in a Class I Landfill for disposal, except yard trash, construction and demolition debris, white goods, tires, septage, and special waste. Class I Solid Waste does not include any type of solid waste that may not be placed in the County's Class I Landfill for disposal under federal, state or local regulations. 1.2 "Class III Solid Waste" shall mean all non -hazardous solid waste that may be lawfully placed in a Class III Landfill for disposal, including construction and demolition debris, yard trash, trees, tree stumps, building materials, and packaging materials. 1.3 "Construction and Demolition Debris" means materials generally considered to be not water soluble and non -hazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project, including such debris from construction of structures at a site remote from the construction or demolition project, and including rocks, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or land development operations for a construction project. Mixing of Construction and Demolition Debris with other types of Solid Waste, including material from a construction or demolition site which is not from the actual construction and demolition of a structure, will cause it to be classified as other than Construction and Demolition Debris. 1.4 "County Solid Waste Plan" shall mean the County -wide solid waste management and disposal program adopted by the Board of County Commissioners. 1.5 "Fiscal Year" shall mean the fiscal year of the County, which currently begins on October 1 and ends on September 30 of the following calendar year. 1.6 "Municipally Collected Solid Waste" shall mean solid waste that is generated within the boundaries of the City and collected by (a) the City's employees, (b) a person under contract to the City for the collection of such waste, or (c) a person holding a franchise, license, or permit issued by the City for the express purpose of collecting, storing, transporting, and disposing of such solid waste. Municipally Collected Solid Waste shall not include Recyclable Materials disposed of in a Recyclable Materials Container as defined herein. 1.7 "Person" shall mean any individual, firm, corporation, partnership, trust, governmental agency, or any other entity, or any group of such persons. 1.8 "Per Ton Fee" shall mean the fee adopted by the County by resolution for the disposal of one ton of Class I Solid Waste, Class III Solid Waste, or other type of Solid Waste, as established by County ordinance. 1.9 "Point of Entry into the System" shall mean the County's facilities located at 6120 Glades Cut -Off Road, St. Lucie County, Florida. 1.10 "Recovered Materials" means metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. 5:\ATTY\A64EEMNT\INTERLOC\P5L-5olidWastebisposal-'10(rev) ckarimpd -2- 1.11 "Recyclable Materials" shall mean those materials which are capable of being recycled and are placed in Recyclable Materials Containers, including but not limited to, newspapers and all inserts, magazines, # 1 P.E.T. and #2 H.D.E.P. plastic bottles, aluminum cans, steel cans, glass bottles and jars, cereal boxes and cardboard packaging, corrugated cardboard, and non -hazardous aerosol cans. 1.12 "Recyclable Materials Container" shall mean those containers used by residential and commercial customers to collect recyclable materials for pick up by a waste hauler. 1.13 "Solid Waste" shall mean garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semisolid, orcontained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. Solid Waste does not include Hazardous Waste or Recovered Materials. 1.14 "Special Waste" shall mean solid waste that can require special handling and management, including but not limited to white goods, waste tires, used oil, lead acid batteries, construction and demolition debris, ash residue and yard trash. Special waste does not include biological waste. 1.15 "System" shall mean the County's overall solid waste management and disposal system, including active and closed facilities, and every aspect and component thereof (including, but not limited to: equipment; transfer, recycling, and resource recovery facilities; and solid waste disposal sites), whether acquired, constructed, or operated, or to be acquired, constructed or operated, by the County or its agent, designee, or contractor, in connection with the County Solid Waste Plan. In the event the County is determined to be responsible for post -closure costs for abandoned landfills operated by entities other than the County or the City, then the County agrees not to charge the City or its residents for those costs, unless the costs are bome by all residents of the County, as appropriate. ARTICLE II Reserved. ARTICLE III COUNTY UNDERTAKINGS AND CITY DELIVERIES TO THE SYSTEM 3.1 Commitment to Accept Solid Waste and Limitation on Fees. In consideration of the City's agreement to deliver its Municipally Collected Solid Waste to the System, commencing on the Effective Date of this Agreement and continuing for the term of this Agreement, the County agrees to accept, at the Point of Entry into the System, and dispose of the Municipally Collected Solid Waste of City for the Per Ton Fees described in Article 4, below. 3.2 Commitment to Deliver. In consideration of County's agreement to maintain capacity in its System to accommodate the City's Municipally Collected Solid Waste, the City agrees that, commencing on the Effective Date of this Agreement and continuing for the term of this Agreement, the City will deliver, or cause to be delivered, all of its Municipally Collected Solid Waste to the Point of Entry into the System, and the City shall pay, or cause to be paid, all of the fees required pursuant to this Agreement. This Commitment to Deliver does not include Recyclable Materials that are placed in Recyclable Materials Containers. In addition, Construction and Demolition Debris from LEED Certified projects within the City 5:\ATTY\AGREEMNT\rNTERLOC\P5L-SolidWasteDisposal-' 10(rev) cleanvpd -3- is currently taken to a third party facility pursuant to a contract between the City's franchisee and the accepting facility. Nothing herein shal I affect any pre-existing contract for the handling of such Construction and Demolition Debris. However, City shall encourage its franchisee to consider using the County System for said Construction an Demolition Debris upon termination of any preexisting contract. ARTICLE IV CHARGES AND PAYMENTS 4.1 Payment of Fees by City's Franchisee or Permittee. Commencing on the Effective Date of this Agreement and continuing for the term of this Agreement, the City shall cooperate with the County and use its best efforts to ensure that the City's franchisee or permittee shall pay on a monthly basis the then current Per Ton Fee charged to the City's franchisee for all solid waste delivered to the Point of Entry into the System. The Per Ton Fee shall be determined annually by the County in accordance with the criteria set forth below. 4.2 Basis of Fees for the City. The County shall operate the System as an enterprise fund. The Per Ton Fee for solid waste delivered to the System shall be set such that the gross revenues accruing to the County from the operation of the System shall be sufficient only to defray all County expenses, costs, and obligations relating to the System, including but not limited to: (a) fixed costs associated with (1) design, (2) construction, (3) alterations, renewals, replacements, enlargements, and additions, (4) modifications, (5) repayment of borrowed capital, including interest and trustee fees, (6) fixed administration, (7) fixed overhead, (8) alternate and/or emergency disposal, and (9) closing, capping, and final grading ofthe County's present landfills; and (b) variable costs, consisting of the expenses associated with (1) operations, (2) maintenance, and (3) repair, including long term and post -closure care and maintenance. The Per Ton Fee may be set at levels that will provide required debt service coverage on borrowed capital in accordance with the proceedings authorizing the borrowing of such capital. 4.3 Maximum Fee. During the first five (5) years of the term of this Agreement, the County covenants and agrees that the Per Ton Fee for the disposal of the City's Municipally Collected Solid Waste shall not exceed forty-one and 0/100 ($41.00) dollars per ton for Class I solid waste, twenty-six and 0/100 ($26.00) dollars per ton for yard trash and twenty-nine and 0/100 ($29.00) dollars per ton for construction and demolition debris, unless (a) a federal, state or local law (excluding action by the County or a County agency) not in existence on the date of this Agreement shall impose conditions on the System that increases the County's cost to operate the System or (b) the rate of inflation as measured by the Consumer Price Index for All Urban Consumers (CPI-U) exceeds ten (10%) percent in any one calendar year (January I — December 31). In the event that either (a) or (b) occurs, the Per Ton Fee shall be adjusted to reflect such change. During the remaining term of this Agreement, the County covenants and agrees that the Per Ton Fee for disposal of the City's Municipally Collected Solid Waste, including the City's Class I Solid Waste and Construction and Demolition Debris, shall not exceed the amount necessary to cover all costs identified in Section 4.2 If any federal, state or local law or agency action (excluding action by the County or a County agency) in the future shall invalidate, supersede or preempt this Agreement, or impose conditions on the System that will increase the County's cost to operate the System, the Per Ton Fee shall be adjusted to reflect such change. 4.4 Revenue Sharing. The County shall pay to the City a portion of the annual net revenues (if any) derived from the County's sale of recovered materials, the County's sale of landfill gas, the franchise fees collected by the County, and the promotional fees paid to the County by the County's franchised waste collector ("Revenue Sharing Payment"). The total amount of the Revenue Sharing Payment owed to the City 5:\ATTY\A&REEMNT\INTERLOC\PSL-SolidWasteDisposal-'ID(rev) ckw.wpd -4- shall be calculated each October by multiplying (a) the County's net revenues from such sales and fees during the County's prior fiscal year by (b) a fraction, the denominator of which is the total amount of solid waste delivered to the County's System from all sources and the numerator of which is the total amount of solid waste delivered to the County's System by the City and its agents. The Revenue Sharing Payment shall be delivered to the City annually in October of each year. 4.5 Advance Payments. As consideration for entering into this Agreement, the County shall pay and the City shall receive an advance payment of Two Hundred and Forty Thousand Dollars ($240.000.00) within thirty (30) days after this Agreement is executed by the City and County. This advance payment shall constitute the Revenue Sharing Payment on the portion of net revenues owed to the City pursuant to this Agreement for Fiscal Year October 2010 through September 2011. Thereafter, the Revenue Sharing Payment owed to the City shall be calculated as set forth in Section 4.4 with the next payment due in October 2012. ARTICLE V ACCOUNTING, WEIGH SCALES, RECORDS & LOCAL OPERATIONS 5.1 Accounting and Audit. The County shall keep separate accounts for its administration of the System, and such accounts shall be maintained apart from the County's accounts for the County's general operations and general revenue fund. The County will keep proper books of record and accounts, in accordance with generally accepted accounting principles, consistently applied, for the System. Such books and records, together with all documents and materials relating to the System (other than such as may be subject to legal privilege), shall be available for inspection by City at all reasonable times. The County shall cause such enterprise fund to be audited annually by independent, certified public accountant(s) and shall provide a copy of such audit to the City, if requested. 5.2 Weigh Scales and Records. The County has weigh scales and other methods appropriate for determining the quantity of solid waste delivered to the Point of Entry into the System. The County will. make and keep appropriate records of such deliveries. These records may be inspected by the City at any reasonable time, and copies of the records shall be provided to the City on a monthly basis, if requested. 5.3 Local Operations. After signing this Agreement, the City shall not construct, enlarge, operate, or contract for the use of any facility for the transfer, processing, treatment, and/or disposal of any Municipally Collected Solid Waste, except as the County may expressly agree to in writing. In addition, City shall take all such action as may be necessary to ensure that all of its Municipally Collected Solid Waste shall be delivered to the Point of Entry into the System. However, nothing herein shall prevent the City from disposing of or allowing the disposal of Recyclable Materials to a recycling facility chosen by the City. All proceeds from Recyclable Materials shall remain the property of the City. 5.4 Responsibility for Collection Costs. The City, and/or its franchisee(s) and permittee(s), shall be solely responsible for and shall bear the total cost, expense and other obligations associated with the collection and transportation of the solid waste to its Point of Entry into the System. 5:\AT1Y\AGREEMNT\INTERLOC\PSL-SolidWastcDisposal-'10(rrev) ckan.wpd -5- ARTICLE VI FURTHER ASSURANCES 6.1 Additional Actions. During the term ofthis Agreement, the Parties shall take all such actions as may be necessary or appropriate to carry out the purposes of this Agreement, including, without limitation, the enactment of ordinances, legislation, resolutions, and the like. In addition to the foregoing and without limitation thereof, to the extent that any fees to be paid to the County pursuant to this Agreement shall or may be pledged in connection with the financing of any portion of the System, the County and City shall use their best efforts to defend, preserve and protect such pledge of such fees. 6.2 Cooperation. The County and the City shall each use their best efforts and shall cooperate in good faith as may be necessary or appropriate to carry out the purposes of this Agreement. 6.3 Previous Agreements. Upon the Effective Date, this Agreement shall supersede all prior agreements between the Parties pertaining to solid waste disposal. ARTICLE VII MISCELLANEOUS 7.1 Effect of Breach. Each Party recognizes that the other is entitled to bring suit for injunctive relief, mandamus, or specific performance, or to exercise other legal or equitable remedies, to enforce the obligations and covenants of each Party hereto. 7.2 Assignability. The County may assign or pledge its right to receive payments under this Agreement in relation to the financing of the System but no other assignment of this Agreement shall be authorized or permitted by either Party. 7.3 Waiver not to be Construed. No waiver by the County or City of any term or condition of this Agreement shall be deemed or construed as a waiver of any other term of condition, nor shall a waiver of any pledge be deemed to constitute a waiver of any subsequent pledge (whether of the same or of a different section, subsection, paragraph, clause, phrase, word, or other provision of this Agreement) required of it under this Agreement or by law. The failure of either Party to insist in any one or more instances, upon strict performance of any of the terms, covenants, agreements, or conditions in this Agreement shall not be considered to be a waiver or relinquishment of such term, covenant, agreement, or condition, but the same shall continue in full force and effect. 7.4 Amendments. This Agreement being for the benefit of the Parties, this Agreement may not be substantially amended without the concurrence of both Parties and any such amendment shall be only by written agreement, duly authorized and executed. This writing represents the entire agreement between the Parties and any modification or amendment shall be in writing and duly executed by the Parties. 7.5 Severability. If any provision, paragraph, sentence, clause, or word of this Agreement shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability or such shall not affect the remainder of this Agreement, and this Agreement shall be construed and enforced, consistent with its expressed purposes, as if such invalid and unenforceable provision, paragraph, sentence, clause, or word had not been contained herein. 5:\ATrY\ASREEMNT\INTERLOC\P5L-SolidWasteDisposal-'10(rev) 6—.wpd -6- 7.6 Duplicate Originals. This Agreement may be executed in two or more counterparts, any of which shall be regarded for all purposes as duplicate originals. 7.7 Notices. All notices required hereunder to either Party shall be in writing and sent by Certified Mail, Return Receipt Requested to: As to the Countv: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, FL 34982 As to the City: City Manager City of Port St. Lucie 121 SW Port St. Lucie Blvd. Port St. Lucie, FL 34984 With a Copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, FL 34982 With a Copy to: City Attorney City of Port St. Lucie 121 SW Port St. Lucie Blvd. Port St. Lucie, FL 34984 7.8 Force Majeure. A delay or failure of performance by a Party shall not constitute a default hereunder and shall not give rise to any claims for damages, if and to the extent that such delay or failure is primarily caused by an event of Force Majeure, as described in subparagraphs (a) through 0), below, and the event of Force Majeure is (1) beyond that Parry's reasonable control and (2) materially, substantially and adversely affects that Parry's ability to perform its obligations under this Agreement. An event of Force Majeure shall mean: (a) acts of God, including by way of example and not limitation, hurricanes, lightning, earthquake, fire, severe weather conditions, or flood' (b) epidemic; (c) acts of terrorism or a public enemy; (d) insurrection or civil disturbance; (e) strike or labor disturbance; (f) condemnation or other taking by any governmental body; (g) change in any applicable law, regulation, rule, ordinance or permit condition, or an administrative, judicial or other authoritative interpretation or enforcement thereof; (h) an order, judgment or other binding determination of a federal or state administrative agency or governmental body (excluding St. Lucie County); (i) the suspension, interruption, denial or failure of renewal or issuance of any permit, license, consent, authorization or approval; and 0) any other event, actor condition that both Parties mutually agree should be deemed to be an event of Force Majeure. A Party whose performance is affected by an event of Force Majeure shall give written notice thereof to the other Party as soon as it is reasonably practicable and further shall use its best efforts to immediately remove or overcome the impediment to its performance under this Agreement. ARTICLE VIII TERM OF AGREEMENT 8.1 Term. This Agreement shall remain in effect and be binding on the Parties from the Effective Date of October 1, 2010 until September 30, 2020. This Agreement will automatically renew for an additional ten (10) years until September 30, 2030, upon the mutual agreement of the Parties. In addition, this Agreement may be amended in writing to address material changes in circumstances affecting the disposal or treatment of Municipally Collected Solid Waste and any provision herein or affected thereby, upon mutual agreement of the Parties. 8.2 Termination. Neither the County nor the City shall have the right to terminate this Agreement unilaterally. If there is a breach or default in the obligations of one Party to another, this 5:\ATTY\A&REEMNT\TNTERLOC\PSL-SolidWasteDisposal-'10(rev) claan.wpd -7- Agreement may at any time be enforced by either Party by using any other remedies available at law or in equity, including but not limited to specific performance. 8.3 This Agreement shall be signed by both Parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to the Effective Date. ATTEST: Deputy Clerk ATTEST: Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney CITY OF PORT ST. LUCIE f3A Mayor APPROVED AS TO FORM AND CORRECTNESS: City Attorney 5:\ATTY\ASREEMNT\INTERLOC\PSL-SolidWastebisposal-'IO(rev) dean.wpd -8-