Loading...
HomeMy WebLinkAboutFebruary 21, 2012 Agenda Packetr AGENDA REQUEST ITEM NO. IV-B DATE: February 21, 2012 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 12-028- "NATIONAL ENGINEER'S WEEK" in St. Lucie County. BACKGROUND: Adam Schildmeier, P.E., with Creech Engineers, Inc. has requested that this Board proclaim the. week of February 19 through February 25, 2012 as "NATIONAL ENGINEER'S WEEK" in St. Lucie County, Florida. The attached Resolution No. 12-028 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 12-028 as drafted. COMMISSION ACTION: [>I APPROVED [ ] DENIED [) OTHER: Approved 4.0 Comm. Craft Absent Review and Approvals X Count Attorney: [) y Daniel S. McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. IV-C DATE: February 21, 2012 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 12-030 - proclaiming the month of March 2012 as "TREASURE COAST BONSAI MONTH" in St. Lucie County, Florida. BACKGROUND: The Board of Trustees and staff from Heathcote Botannical Gardens, have requested that this Board proclaim the month of March 2012 as "TREASURE COAST BONSAI MONTH" in St. Lucie County, Florida. The attached Resolution No. 12-030 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adoptthe attached Resolution No. 12-030 as drafted. COMMISSION ACTION: CONCURRENCE: [Y4 APPROVED [ ] DENIED [ ] OTHER: Approved 4.0 Faye W. Outlaw, MPA Comm. Craft Absent County Administrator [X] County Attorney: Review and Approvals i Daniel S. McIntyre A AGENDA REQUEST ITEM NO. IV-D DATE: February 21, 2012 REGULAR [x ] PUBLIC HEARING [ ] CONSENT.[ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 12-037 - "INTERNATIONAL WALK TO SCHOOL DAY" in St. Lucie County, Florida. BACKGROUND: Teresa Lane, Treasure Coast,Outreach Coordinator with South Florida Commuter Services, has requested that this Board proclaim March 2, 2012 as "INTERNATIONAL WALK TO SCHOOL DAY" in St. Lucie County, Florida. The attached Resolution No.12- 037 has been drafted for that purpose. RECOMMENDATION: Staff recommendsthatthis Board adoptthe attached Resolution No. 12-037 as drafted. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: Approved 4.0 Comm. Craft Absent Faye W. Outlaw, MPA County Administrator Review and Approvals )k [X] County Attorney: GQ Daniel S. McIntyre AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-131 DATE: February 21, 2012 REGULAR[] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Barbieri Assistant County Attorney SUBJECT: Permission to file suit against the owners of the following five (5) parcels located in St. Lucie County for failure to pay impact fees: Permit #0641340 - 529 NW Prima Vista Blvd., Port St. Lucie, FL Permit #0704705 - 1702 SW Janette Avenue, Port St. Lucie, FL Permit #0703101- 1761 Del Rio Blvd., Port St. Lucie, FL Permit #0700093 - 168 SW Oakridge Drive, Port St. Lucie, FL Permit #0641987 - 6988 NW Hartney Way, Port St. Lucie, FL BACKGROUND: See CA No. 12-0111 PREVIOUS ACTION: Permission to File Suits) .on any Unpaid Impact Fees was granted by the Board on February 23, 2009. RECOMMENDATION CONCLUSION: Staff recommends that the Board authorize the County Attorney's Office to file suit against owners of the five (5) referenced parcels located in St.. Lucie County for failure to pay impact fees. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ]OTHER: Approved 4.0 Comm. Craft Absent X Count Attorney: N`- [] v v Daniel S. McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals J AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Revocable License Agreement James Walukiewicz Jenkins Park Avenue BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: ITEM NO: VI-B-2 DATE: February 21, 2012 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT[X] PRESENTED BY: JoAnn Riley Property Acquisition Manager RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct James Walukiewicz to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [] APPROVED [ ] DENIED [ ]OTHER Approved 4.0 Comm. Craft Absent [x] County Attorney: a - Daniel McIntyre [x] Originating Dept: S m- JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals 1 ;� [x] Road and Bridge: �[x] Public Works: 1 Don Pauley—(Pf Don West�� [x] Engineering; I ��[�p� [x] County Surveyor: Mike Powley Ron Harris S:\ACQ\WP\Janet\Licenseagree\Jenkins Park Ave\Agenda.doc AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO: VI-B-3 DATE: February 21, 2012 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT[XI PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: After the Fact Revocable License Agreement For a Fence Jessie and Leslie Pfeiffer 5865 Jenkins Park Avenue BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: See an attached Memorandum N/A RECOMMENDATION: Staff recommends that the Board approve the After the Fact Revocable License Agreement, authorize the Chairman to sign the After the Fact Revocable License Agreement and direct Jessie and Leslie Pfeiffer to record the After the Fact Revocable License Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [iq APPROVED [ ] DENIED [ ] OTHER Approved 4.0 Comm. Craft Absent [x] County Attorney; Daniel McIntyre [x] Originating Dept: -TrA(L JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [x] Road and Bridge: [x] Public Works: Don Pauley Don Wes [x] Engineering: [x] County Surveyor: X41 Mike Powley Ron Harris S:\ACQ\WP\Janet\LicenseagreeVenkins Park Ave-Pfeiffer-fence\Agenda.doc AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney ITEM NO. VI-B-4 DATE: February 21, 2012 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: JoAnn Riley Property Acquisition Manager SUBJECT: Contract for Sale and Purchase Midway Road Improvements Four-Laning of Midway Road from Selvitz Road East to South 25th Street Elio J. Hernandez - Parcel 3406-501-0028-000/5 (portion) BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: Funds will be made available in: Impact Fees - Right -of -Way 101006-4116-563007-4118 Impact Fees - Title 101006-4116-561002-4118 PREVIOUS ACTION: April 11, 2006 - Agreement with H.W. Lochner, Inc. for design and permitting Four-Lanning of Midway Road from East of Turnpike Bridge to South 25th Street RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from Elio J. Hernandez, 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: CONCURRENCE: N APPROVED [ ] DENIED [ ] OTHER Approved 4.0 Faye W. Outlaw, MPA Comm. Craft Absent County Administrator Review and Approvals [x] County Attorney [x] Engineering: Public Works: Daniel McIntyre Michael Powley Don West [x] Originating Dept: -3'v4 [x] County Surveyor: "�/W JoAnn. Riley Ron Harris i AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: County Attorney ITEM NO. VI-B.5 DATE: February 21, 2012 REGULAR [] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Daniel S. McIntyre County Attorney Interlocal Agreement with Town of St. Lucie Village - Solid Waste Disposal See attached memorandum Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. CONCURRENCE: APPROVED [ J DENIED [ ] OTHER: Approved 4.0 Faye W. Outlaw, MPA Comm. Craft Absent County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Daniel S. McIntyre Originating Dept. Solid Waste Mgr.: County Eng.: Ron Roberts Finance: (Check for copy only, if applicable) Eff. 5/96 TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney AGENDA REQUEST ITEM NO. VI-B-6 Date: February 21, 2012 Regular[ ] Public Hearing [ ] Consent [X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: St. Lucie County International Airport - Proposed Sublease Agreement between Fort Pierce FBO, LLC and East Coast Aircraft Painting, Inc. BACKGROUND: See C.A. No. 12-0144 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners consent to the proposed sublease agreement between Fort Pierce FBO, LLC and East Coast Aircraft Painting, Inc. COMMISSION ACTION: N APPROVED [ ] DENIED [ ] OTHER: Approved 4.0 Comm. Craft Absent County Attorney: Daniel.. Originating Dept.: Mark Satterlee Finance (Check for Copy only, if applicable): CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures Mgt. & Budget: Other: Todd Cox Purchasing: Other: AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Donation of Right -of -Way Parkway Plaza Partnership Turnpike Feeder Road and Winter Garden Parkway Resolution No. 12-036 BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: ITEM NO. VI-B-7 DATE: February 21, 2012 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: JoAnn Riley Property Acquisition Manager March 20, 1984 - The St. Lucie County Board of County Commissioners approved Resolution No. 84-36 granting site plan approval for a project known as Parkway Plaza. December 10, 1985 - St. Lucie County approved Minor Adjustment #1. June 8, 1992 - St. Lucie County approved Minor Adjustment #2. February 14, 2012 —Planning and Development Services Director through PDS Order No. 12-002 granted Minor Adjustment #3 to a Major Site Plan project known as Parkway Plaza. RECOMMENDATION: Staff recommends that the Board accept the Warranty Deed of Donation, authorize the Chairman to sign Resolution No. 12-036 accepting the Warranty Deed of Donation and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER Approved 4.0 Comm. Craft Absent [x] County Attorney: Daniel S. McIntyre [x] Originating Dept: j4tP JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [x] Public Works: Dol�West [x] Road & Bridg on Pa ley [x] County Surveyor: /� I-1 Ron Harris [x] Engineering: Michael Powley AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Road Impact Fee Credit Agreement 12-001 Parkway Plaza Partnership BACKGROUND: . See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: ITEM NO. VI-B-8 DATE: February 21, 2012 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: JoAnn Riley Property Acquisition Manager March 20, 1984 - The St. Lucie County Board of County Commissioners approved Resolution No. 84-36 granting site plan approval for a project known as Parkway Plaza, December 10, 1985 - St. Lucie County approved Minor Adjustment #1. June 8, 1992 - St. Lucie County approved Minor Adjustment #2. February 14, 2012 - Planning and Development Services Director through PDS Order No. 12-002 granted Minor Adjustment #3 to a Major Site Plan project known as Parkway Plaza. RECOMMENDATION: Staff recommends that the Board approve the Road Impact Fee Credit Agreement 12-001 with Parkway Plaza Partnership, authorize the Chairman to sign the Agreement and direct staff to record the Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: ] APPROVED [ ] DENIED [ ] OTHER Approved 4.0 Comm. Craft Absent 9 [x] County Attorney: Daniel S. McIntyre [x] Originating Dept: Jty P.- JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [x] Planning & Dev. Services: Mark Satterlee [x] Bus. Dev. & Concurrency:� Michael Brillhart [x] County Surveyor: /L/W �}A Ron Harris [x] Engineering: MVP Michael Powley AGENDA REQUEST ITEM NO. VI-Cl DATE: 02/21/12 REGULAR. ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke 46L SUBMITTED BY: Human Resources/Risk Management Risk & Benefits Ma ger SUBJECT: CORIZON Health, Inc. Inmate HIV Medications Invoice for November, 2011. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board authorization for payment of CORIZON Health, Inc. invoice number CZN000010474 for HIV medications for the FY-2012 period of November 01, 2011 through November 30, 2011, in the amount of $50,827.25. COMMISSION ACTION: ( APPROVED ( ) OTHER ( ) DENIED Approved 4.0 Comm. Craft Absent County Attorney (X ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst (Daniel S. McIntyre) Originating Dept. (X ) (Wdfiam Hoeffner) ERD (Name) r TO: SUBMITTED BY: SUBJECT: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Human Resources/Risk Management ITEM NO. VI-C2 DATE: 02/21/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT M PRESENTED BY: Daniel J. Lutzke Risk & Benefits M ger CORIZON Health, Inc. Inmate HIV Medications Invoice for December, 2011. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board authorization for payment of CORIZON Health, Inc. invoice number CZN000010475 for HIV medications for the FY-2012 period of December 01, 2011 through December 31, 2011, in the amount of $40,409.45. COMMISSION ACTION: CONCURRENCE: (� APPROVED ( ) DENIED ( ) OTHER Approved 4.0 Faye W. Outlaw, MPA Comm. Craft Absent County Administrator Coordination/Signatures County Attorney (X) OMB Director (X) Budget Analyst (-YYW (Daniel S. McIntyre) (Marie Gouin) Originating Dept. ( X ) �_ ERD ( ) (Willidin Hoeffner) (Name) AGENDA REQUEST ITEM NO. VI-D1 DATE: 2/21 /12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E, SUBMITTED BY: Public Works/Engineering Division County Engineer Mvp SUBJECT: Refund of Fair Share Contribution — Lennard Road PD&E Project BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 316001-4113-366930-4120 — 51' Cent Fuel -Capital PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to return the Fair Share Contribution of $52,000 to the developer. COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED ( ) OTHER Approved 4.0 Faye W. Outlaw, MPA Comm. Craft Absent County Administrator Coordination/Signatures County Attorney ` ( x) OMB Director Budget Analyst Dani I McIntyre Originating Dept. ( x) v� Do ald West Finance (x ) Shai F nces Emilio Gonzalez.ag County Engineer Marie Gouin (x) MV1If �2WW Michael Powley _-r J-/C, TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Public Works/Engineering Division Angle Road Sidewalk Project (Phases II and Ill) See attached memorandum. ITEM NO. VI-D2 DATE: 2121/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Michael Powley, P.E. County Engineer mvp Construction - 318-4113-563000-4702; Soil Testing - 318-4113-563009-4702; Inspection - 318-4113-563012-4702 County Capital Transportation Bond -Local Option Gas Tax PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board acceptance of the Angle Road Sidewalk Project (Phases II and III). COMMISSION ACTION: CONCURRENCE: CN APPROVED ( ) DENIED ( ) OTHER _ - Approved 4.0 Faye W. Outlaw, MPA Comm. Craft Absent County Administrator Coordination/Signatures County Attorney (x) qT, OMB Director (x) D Ina el McIntyre Budget Analyst ie Gouin Originating Dept. ( xCounty Engineer (x) Don Id West Michael Powley Road/Bridge ( x) Alf D nald Pauley Angle Sidewalk2 & 3 accept project.ag AGENDA REQUEST ITEM NO. VI-D3 DATE: 2/21/12 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITTED BY: Public Works/Engineering Division County Engineer my SUBJECT: North Lennard Road Municipal Services Benefit Unit (MSBU) Offsite Drainage Improvements BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N. Lennard Road: 396-4115-563005-4502/Road; 397-4115-563005-38003/Water; 398- 4115-563005-38004/Sewer PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board authorization to utilize emergency bidding procedures and waive the formal bidding process. COMMISSION ACTION: CONCURRENCE: (� APPROVED ( ) DENIED ( ) OTHER�1 Approved 4.0 Faye W. Outlaw, MPA Comm. Craft Absent County Administrator Coordination/Signatures County Attorney ( x) OMB Director ( x ) Daniel McIntyre Budget Analyst Marie Gouin Originating Dept. ( x) County Engineer (x) All VP Don Id West Michael Powley Lennard Rd Offsite Drainage Imp emergency.ag ITEM NO. VI-D4 DATE: 2/21/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E.1011 SUBMITTED BY: Public Works/Engineering Division County Engineer j SUBJECT:, Bid No. 12-009 Harmony Heights Stormwater Phase I South BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 102001-3725-563000-42507 Drainage Maintenance MSTU Stormwater Management; 001519-5420-583000-500 Community Development Block Grant (CDBG) FY2008 Disaster Recovery PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of bid award to Guettler Brothers Construction, LLC in the amount of $1,176,174 for construction of Harmony Heights Stormwater Phase I South, Work Authorization No. 3 with Milestone Construction Group in the amount of $280,858 for construction management services, Work Authorization No. 53 with Dunkelberger Engineering & Testing, Inc. in the amount of $66,000 for soil testing services, establish the project budget and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) OTHER Pulled for separate vote Approved 3.0 County Attorney (x) Originating Dept. ( x ) Housing & ( x ) Community Svs. Harmony Heights Stormwater Ph I award CONCURRENCE: ( ) DENIED Comm. Hutchinson Abstained Faye W. Outlaw, MPA from voting. County Administrator Comm. Craft absent Coordination/Signatures �-` 6 OMB Director (x ) Daniel McIntyre Budget Analyst Marie Gouin t5onap West g Beth Ryder County Engineer ( x) A4T Michael Powley TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Public Works/Utilities ITEM NO. VI — D-5 DATE: 02/21/2012 REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT PRESENTED BY: J.' Lo Laurie Waldie i1 ' Utility District Director Agreement Extension — Severn Trent Environmental Services, Inc. See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: March 23, 2007 - Board approval of Agreement #C07-03-174. August 1, 2008 - Board approval of I" Amendment. March 24, 2009 - Board approval of 2nd Amendment. (X) RECOMMENDATION: Board approval of the First Extension to the agreement between Severn Trent Environmental Services, Inc. and St. Lucie County. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 4.0 Comm. Craft Absent CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( X ) % OMB Director ( } / Budget Analyst Dan McIntyre Originating Dept. ( X) Other ( ) Don West Marie Gouin Robert O'Sullivan ITEM NO. VI — D-6 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Public Works/Utilities SUBJECT: 2010 Rate Schedule Amendment BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A DATE: 02/21/2012 REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT PRESENTED BY: Laurie Waldie Utility District Director PREVIOUS ACTION: June 1, 2010 - BOCC approved rate structure for District. (X) RECOMMENDATION: Board adoption of Resolution 12-034 authorizing the correction of the scrivener's error for the wastewater utility rates, fees and charges within the St. Lucie County Water and Sewer District as outlined in the agenda memorandum and attached exhibits. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 4.0 Comm. Craft Absent County Attorney ( X ) t: Dan McIntyre Originating Dept. ( X ) . Dt West CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Other Marie Gouin Robert O'Sullivan ITEM NO. DATE: AGENDA REQUEST REGULAR TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Environmental Resources Department VI-E 2/21 /12 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT . (X ) PRESENTED BY: Amy Griffin Environmental ' ns and Lands Manager SUBJECT: Work Camper Agreement - Bluefield Preserve BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: December 6, 2011 — BOCC approval of Work Camper Agreement September 28, 2010 - BOCC approval of Work Camper Agreement RECOMMENDATION: Board authorization to terminate the Work Camper Agreement with William Miley for Bluefield Preserve. COMMISSION ACTION: APPROVED ( ) DENIED OTHER Approved 4.0 Comm. Craft Absent CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( X ) OMB Director ( X ) §94-1 Dan McIntyre Marie Gouin Budget Analyst. ( X) ERD ( X ) Robert O'Sullivan Karen L. Smith AGENDA REQUEST ITEM NO. DATE: REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Request for Proposals (RFP) No. 12-003, Lobbyist Services. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-1210-531000-100 Professional Services — General Fund 184-3710-531000-300 Professional Services - Erosion PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the highest ranked firm for Lobbyist Services and permission to: 1. Conduct contract negotiations with the highest ranked firm, Van Scoyoc Associates, Inc of Washington, DC; 2. If negotiations are successful, award contract to the highest ranked firm and authorization for the Chairman to sign the documents as prepared by the County Attorney; 3. If Staff is unable to negotiate a satisfactory contract with the highest ranked proposer, negotiations with that firm shall be terminated and Staff shall attempt to negotiate a contract with the second ranked firm. If these negotiations are not successful, they shall be terminated with the second proposer and attempted with the next ranked firm. COMMISSION ACTION: CONCURRENCE: (�) APPROVED ( ) DENIED ( ) OTHER ---- Approved 4.0 Faye W. Outlaw, MPA Comm. Craft Absent County Administrator Coordination/Signatures County Attorney ( X) Budget Analyst ( X. Dan Vclntyre Patty Marston Planning & ( X ) Purchasing ( X) Development Services Desiree imino Michael Brillhart r AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Office of Management & Budget/Grants ITEM NO. VI-F2 DATE: 2/21/12 REGULAR ( ) PUBLIC. HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Glenn Henderson Senior Grants Writer SUBJECT: FEMA Severe Repetitive Loss Program — County Contract BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001543-1930-546200-100 Maintenance Improvement Projects PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board authorization to execute a FEMA Severe Repetitive Loss contract with one homeowner, and Board authorization to have the Chairman sign the contract, as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED _ ( ) OTHER Approved 4.0 Faye W. Outlaw MPA Comm. Craft Absent County Administrator Coordination/Signatures County Attorney (X) �. Management & (X) Budget Director "'0,*/ Daniel McIntyre Marie M. Gouin . Budget Analyst (X)-�- Robert O'Sullivan Housing & (X) Parks, Recreation (X) Community" -17 & Facilities Services Director Beth Ryder Roger Shinn Parks, Recreation & Facilities Don McL am AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Planning and Development Services Department — Planning Division SUBJECT: Final Plat Approval — Parkway Plaza BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A ITEM NO. DATE: REGULAR VI-H1 2/21 /2012 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Diana Waite, AICP Senior Planner PREVIOUS ACTION: February 14, 2012 — Site Plan approval was granted through PDS Order no. 12- 002. RECOMMENDATION: Board approval of the Final Plat for the Parkway Plaza Subdivision and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) .OTHER Approved 4.0 Comm. Craft Absent CONCURRENCE: Faye W. Outlaw, MPA County Administrator COORDINATION/SIGNATURES Y Surveyor X ) A Count iW County Attorney (X) � or Y ( Daniel S. McIntyre Ron Harris County Engineer ( X ) f"�y-r. ERD Michael Powley Originating Dept. ( X ) '-Z•C/ OMB Mark Satterlee Purchasing ( ) Melissa Simberlund (X) Karen Smith Marie Gouin ITEM NO. DATE: AGENDA REQUEST REGULAR TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: St. Lucie TPO VI-G 2121 /12 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD l ) CONSENT (X ) PRESENTED BY: Peter Buchwald Executive Director SUBJECT: Resolution No. 12-024, Approval of Federal Transit Administration Grant Budget Amendment No. BA12-006, Local Match BACKGROUND: The St. Lucie Transportation Planning Organization (TPO) has received notification of funding for the Federal Transit Administration (FTA) Section 5303 Metropolitan Planning Grant. The amount of Federal funds for the second year to be received by TPO is $81,059, with a State match of $10,132 and a local match of $10,132. Because the St. Lucie TPO account is within the budgetary system of the County, the County is required by Florida Statute Section 129.06(d) to amend by resolution the County budget for the receipt of the grant funds on behalf of the St. Lucie TPO. FUNDS AVAILABLE: 001534-1540-331421-100 Federal Transit Administration (pending BOCC approval) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Budget Resolution No. 12-024 ($91,191) and Budget Amendment No. BA12-006 ($10,132) to amend the County budget for receipt of grant funds on behalf of the St. Lucie TPO. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 4.0 Comm. Craft Absent CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County ( ) OMB Director Attorney X Budget Analyst Heat he ourrg Originating Dept. Peter Buchwald Marie Gouin Sophia Holt AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VII-A DATE: February 21, 2012 REGULAR[ ] PUBLIC HEARING [ x ] CONSENT[ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Barbieri Assistant County Attorney SUBJECT: Unsafe Structure at 101 Berger Road, Fort Pierce. BACKGROUND: See attached memorandum CA 12-0036 FUNDS AVAILABLE: Other Contractual Services, Acct. No. 102-2415-534000-200 PREVIOUS ACTION: January 3, 2012 - Board of County Commissioners determined the structure to be unsafe and granted approval to advertise a public hearing. RECOMMENDATION CONCLUSION: Staff recommends that the Board authorize the Code Compliance Division to demolish the structure, clean the property and assess the entire cost, which constitute a lien payable to St. Lucie County, COMMISSION ACTION: [ APPROVED [ ] DENIED [ ]OTHER: Approved 4.0 Comm. Craft Absent Review and Approvals [X] County Attorney: Daniel S. McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator [X] Code Compliance Manager Robin Meyer 0. AGENDA REQUES CouN-ry �. TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT) SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: County Attorney ITEM NO. Vil-B DATE: February 21, 2012 REGULAR [] PUBLIC HEARING [XX] CONSENT [] PRESENTED BY: Daniel S. McIntyre County Attorney Ordinance No. 12-002 - Letter of Credit Form See attached memorandum RECOMMENDATION: Staff recommends that the Board continue the public hearing until March 20, 2012 at 9:00 a.m. or as soon thereafter as the item may be heard. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 4.0 Comm. Craft Absent CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: t /`� Management & Budget Purchasing: _ Daniel S. McIntyre Originating Dept. Solid Waste Mgr.: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 117 ITEM NO. DATE: VIII 02/21/2012 AGENDA REQUEST REGULAR.., (X) PUBLIC HEARING - LEG. ( ) QUASWD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: '% Linda Pendarvis SUBMITTED BY: Planning and Development Services Planner Department —Planning Division SUBJECT: Petition of Michael and Marie Ingravallo for a fence waiver from Section 7.09.04.E. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board adoption of Resolution No. 12-014 granting the requested fence waiver from Section 7.09.04.E — Landscaped Buffer Areas Between Non -Residential or Residential Structure(s) . Housing Three (3) or More Dwelling Units and Single - Family or Two -Family Residential Uses. COMMISSION ACTION: CONCURRENCE: APPO THER OVED ( ) .DENIED Approved 4.0 Faye W. Outlaw, MPA Comm. Craft Absent County Administrator COORDINATION/SIGNATURES County Attorney (X) ` County Surveyor ( X) Daniel S. McIntyre Ron Harris County Engineer (X) my` ERD (X ) Gael PowleyPowley Karen Smith Originating OMB ( ) 9 9 Dept. P ( X ) Mark Satterlee Marie Gouin AGENDA REQUEST CouNTy p L O R I D A TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. 4 DATE: February 21, 2012 REGULAR [XX] PUBLIC HEARING [] CONSENT [] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 12-031 - Amendment to the Investment Policy BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt attached Resolution No. 12-031 and authorize the Chairman to sign the Resolution. COMMISSION ACTION: CONCURRENCE: [� APPROVED [ ] DENIED [ ] OTHER: Approved 4-0 Faye W. Outlaw, MPA Comm. Craft Absent County Administrator n Review and Approvals County Attorney: C Management & Budget Purchasing: Daniel S. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 SUBMITTED BY: SUBJECT: BACKGROUND: ITEM NO. III-B DATE: 02/21/12 AGENDA REQUEST REGULAR ( ) Erosion District Board PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: James B. Oppenbor�, Coastal Resources `Supervisor Mosquito Control and Coastal Management Services Artificial Reef Grant See attached memorandum. FUNDS AVAILABLE: 184-3710-563000-39003 Artificial Reefs -Infrastructure (Local Match and In -kind) PREVIOUS ACTION: March 14, 2011 — Administrative approval of a $60,000 Florida Fish and Wildlife Conservation Commission (FFWC) artificial reef construction grant application. RECOMMENDATION: Board acceptance of $60,000 in grant funding from the FWCC (FWC 10-166), approval of Budget Resolution 12-001, approval of Work Authorization No. 4 with McCulley Marine Services, Inc. and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: �j APPROVED ( ) DENIED ( ) OTHER Approved 4.0 Comm. Craft Absent Coordination/Signatures CONCURRENCE: --------------------- ------------- Faye W. Outlaw, MPA County Administrator County Attorney (X) OMB Director Budget Analyst Daniel S. McIntyre MC&CMS (X) Erosion District Director Ct, James . David (X) jrr j Marie Gouin Patti Marston James B. nborn Page 1 of 2 02/17/12 FZABWARR FUND TITLE 001 001009 001188 001194 001446 001447 001448 001509 001512 001518 001519 001522 001524 001525 001528 001534 001537 001538 001539 001540 001541 101 101001 101002 101003 101004 101006 102 102001 102812 107 107D01 107002 107003 107005 107006 129 130102 130104 130109 130213 140 140138 140353 140367 150 160 170 ST. LUCIE COUNTY - BOARD WARRANT LIST #20- 11-FEB-2012 TO 17-FEB-2012 FUND SUMMARY General Fund Gen -One Time Funding Section 112/MPO/Fhwa/Planning 2007 U.S. Dept of Housing & Community EMPA FY12 FTCD Planning Grant Agr FY11-12 Residential Construction Mitigation US Dept of Housing CDBG 09 Neighborhood Stabilization Program Section 112/MPO/FHWA/Planning' CDBG FY 2008 Disaster Recovery SRL - 2502 Isso Bella Dr. SRL - 3768 Wild Orchid Lane SRL - 3731 Wild Orchid Lane SRL - 614 Faber Ave. Metropolitan Planning/Section 5303 HUD Shelter Plus Care 2010 HUD Neighborhood Stab 3 Safe Routes to School Program EMPG FY12 CSBG FY12 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Stormwater Ph 3 Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E91l'Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Legal Aid F&F Fund -Court Related Technology Parks MSTU Fund FTA 5307-ARRA 2009 Capital Projects FTA 5317 New Freedom Enhanced Servi FTA 5307 Capital and Operating FCTD Trip and Equipment Airport Fund Taxiways A & B Rehabilitation Taylor Creek New Spoil Site FDOT Taxiway A & B Rehabilitation Impact Fee Collections Plan Maintenance RAD Fund Court Facilities Fund EXPENSES 306,757.18 1,250,000.00 8.25 4,975.80 135.97 28.08 3.57 45.97 1,234.18 1,442.25 503.95 12.26 10.32 12.77 8.07 310.27 10,412.72 574.79 773.02 1,834.77 14,147.67 2,775.54 379.28 20,166.81 17,744.38 9,771.95 8,071.82 10,746.65 1,997.90 1,045.56 258,100.55 123.05 73.03 2,381.77 9,021.92 11,173.07 12,023.39 708.66 200.88 151.48 28,715.20 3,031.23 28,766.28 6,020.00 1,514.01 235.49 1,400.64 20,774.77 PAGE PAYROLL, 434,684.14 0.00 110.24 443.74 0.00 371.51 51.37 637.80 1,175.13 8,956.13 602.64 160.99 135.30 167.18 109.50 1,829.57 147.81 1,271.58 514-. 56 0.00 3,346.46 32,526.12 1,237.60 42,470.52 12,722.83 .16,077.77 0.00 64,457.20 14,044.52 3,101.19 143,397.42 961.55 961.56 0.00 0.00 8,736.95 0.00 0.00 0.00 2,085.63 0.00 11,472.16 0.00 0.00 0.00 1,523.20 3,110.46 0.00 02/17/12 FZABWARR FUND TITLE 183 183001 183004 185012 189101 189103 189104 189105 189203 190 310001 315 318 362 39007 401 418 451 458 471 478 479 491 505 505001 611 630 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #20- 11-FEB-2012 TO 17-FEB-2012 FUND SUMMARY Ct Administrator-19th .Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FHFA SHIP 2010-2011 Home Consortium FY 2008 Home Consortium FY 2010 HUD Housing Counseling Grant HUD Housing Counseling Grant Hardest Hit fund Advisor Services Sports Complex Fund Impact Fees -Library County Building Fund County Capital -Transportation Bond Sports Complex Improv Fund Indian River Estates MSBU Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Tax Deed Overbid Agency Fund Bank Fund GRAND TOTAL: EXPENSES 4,002.17 320.00 1,989.96 13.15 20,700.00 678.87 11.88 4.12 37.69 35,287.48 14,585.24 4,500.00 5,217.00 895,137.25 2,598.90 157,754.73 19,566.80 7,503.80 48.51 2,.595.96 88.32 77.22 27,771.86 2,488.34 1,888.19 42,312.34 51,674.93 195,385.52 3,544,587.40 PAGE PAYROLL 3,105.65 0.00 3,183.42 188.92 0.00 1,373.44 171.32 57.12 521.83 15,441.02 0.00 0.00 0.00 0.00 0.00 49,435.19 15,308.31 4,542.36 665.17 7,150.39 1,213.09 1,045.89 16,877.59 1,186.40 4,929.37 2,450.61 0.00 0.00 942,449.62 2 02/17/12 ST. LUCIE COUNTY -- BOARD FZABWARR WARRANT LIST #20- 11-FEB-2012 TO 17-FEB-2012 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 26,037.86 145834 Restore Tidal Flow into Harbor Bran 3,918.74 GRAND TOTAL: 29,956.60 PAGE 1 PAYROLL 29,849.02 0.00 29,849.02 02/17/12 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #20- 11-FEB-2012 TO 17-FEB-2012 FUND SUMMARY- EROSION FUND TITLE 184 Erosion Control Operating Fund GRAND TOTAL: EXPENSES 2,516.94 2,516.94 PAGE 1 PAYROLL 6,490.29 6,490.29 REVISEDITEM NO. DATE: AGENDA REQUEST REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT VI-D3 212111'2 (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITTED BY: Public Works/Engineering Division County Engineer my SUBJECT: North Lennard Road Municipal Services Benefit Unit (MSBU) Offsite Drainage Improvements BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N. Lennard Road: 396-4115-563005-4502/Road; 397-4115-563005-38003/Water; 398- 4115-563005-38004/Sewer PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board authorization to utilize emergency bidding procedures and waive the formal bidding process. COMMISSION ACTION: ( ) APPROVED ( ) ( ) OTHER DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (x) A OMB Director (x ) Daniel McIntyre Budget Analyst Marie Gouin Originating Dept. ( x) f Don Id West Lennard Rd Offsite Drainage Imp emergency.ag County Engineer (x) (VIVA' Michael Powley i Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director FROM: DATE: SUBJECT: ITEM NO. Background: Michael Powley, County Engineer February 21, 2012 North Lennard Road Municipal Services Benefit Unit (MSBU) Offsite Drainage Improvements VI-D3 The North Lennard Road MSBU projects 1, 2, and 3, consisted of paving and drainage, water, and sewer improvements, respectively. The North Lennard Road 1 MSBU paving and drainage improvements constructed Tilton Road from Silver Oak Drive westward to Prima Vista Boulevard. Additionally, a portion of North Lennard Road was extended from the intersection of Tilton Road and Prima Vista Boulevard northward and connected to the existing portion in front of Savanna Ridge Elementary School just south of Kitterman Road. Shortly after Substantial Completion and the roadway was open for use, unseasonably heavy rain over a period of several weeks occurred. The groundwater staged up in response but failed to dissipate in a normal fashion. One difference was our paving and drainage construction. We have devised a plan to enhance the drainage system in order to accommodate offsite flows and eliminate the flooding problem. It is our request to declare an emergency per section 8:1 a.1 of the Purchasing Manual. This procedure will allow us to obtain three quotes to retain a contractor for this work because the work must be completed prior to June 2012 when the hurricane season begins. We will return to the Board after bidding for permission to award the project to the lowest responsive bidder. Previous Action: May 6, 2008 - Board approval of WA No. 1 to contract C07-07-459 with Nodarse & Associates, Inc. for soil borings for the North Lennard Road 1, 2, and 3 MSBU projects in the amount not to exceed $10,000. February 2, 2010 — Board adopted Resolution No. 10-046 levying assessments on properties within the North Lennard Road 1 and 2 MSBUs and authorizing the County Engineer to proceed with the project. July 27, 2010 — Board approval of WA No. 2 and No. 3 with Culpepper & Terpening, Inc., for construction inspection services, WA No. 41 with Dunkelberger Engineering & Testing, Inc. for soil testing and the contract award to Guettler Brothers Construction for the construction of North Lennard Road 1, 2, and 3 MSBUs. Recommendation: Board authorization to utilize emergency bidding procedures and waive the formal bidding process. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 7, 2012 Convened: 6:00 p.m. Adjourned:10:00 p.m. Commissioners Present: Chairman, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson, Chris Craft, Tod Mowery (absent on county business) Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Lauri Waldie, Utilities Director, Karen Smith, ERD Director, Michael Brillhart, Business/Concurrence Manager, Sheriff Mascara, Millie Delgado -Feliciano, Deputy Clerk INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the January 17, 2012 meeting. Approve the minutes from the January 24, 2012 special meeting. It was moved by Com. Craft seconded by Com. Hutchinson, to approve the minutes of the meetings held on January 17th and January 24th, 2012, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. A presentation was given by Cooperative Extension on value of volunteer hours performed by 4H and Master Gardners. The 4-H programs volunteers provided 14,500 hours totaling $270,480. The Master Gardners volunteers provided 14, 028 hours totaling $258,115. Addition: Resolution No.12-033 Future Farmers of America Week It was moved by Com. Craft, seconded by Com. Lewis, to adopt Resolution No.12-033, proclaiming the week of February 18, 2012 through February 25, 2012 as Future Farmers of America Week in St. Lucie County, Florida, and; upon roll call, motion carried unanimously. Mr. Earl Shook, Westwood FFA Advisor and Britanny Shoun, Ft. Pierce Westwood FFA President 2011-2012 were present to accept the proclamation. B. COUNTY ATTORNEY Resolution No.12-029 — "2-1 -1 -Awareness Week". Consider staff recommendation to adopt Resolution No.12-029 as drafted. It was moved by Com. Hutchinson, seconded by Com. Craft, to adopt Resolution No. 12-029, and; upon roll call, motion carried unanimously. V. GENERAL PUBLIC COMMENT Mr. Robert Verimuklo, Port St. Lucie resident addressed the Board and stated a U. S. Supreme Court Judge had recently encouraged an Islamic nation not to use the Constitution of the U.S. as a model to draft their constitution. He stated that a war is being waged as to how our freedom is defined. He also invited the Board to attend a Citizens Concerned for Property Rights Conference being held on February 11, 2012. Mr. Richard Ross, area resident addressed the Board in support of the Port. He believes re -engineering the Port Master Plan will assist those out of work with a decent paying job. He asked the Board to pass the resolution for the Florida Department of Transportation to proceed with assisting the County in updating the Port Master Plan. Mr. John Arena, area resident addressed the Board regarding the nation's school system not providing individuals who can apply for high paying jobs. Mr. Charles Grande, Hutchinson Island, addressed the Board regarding the Port Master Plan. He met with consultants the DOT had sent to Ft. Pierce. The consultants worked for the shipping industry not the DOT. They reviewed what they were presenting and the problem they found was that the approach was not the kind of approach they had at the last update process which was all inclusive and objective and the moderators totally objective. What they found was that FDOT's reliance on folks who are consultants to the cargo industry. Their discussion was can they demonstrate economic feasibility, with shipping as an industry at the Port of Ft. Pierce. He does not believe cargo will bring in many jobs being automated such as the Indian River Terminal. Ft. Pierce Commissioner Reginald Sessions addressed the Board regarding the Port. He believes there is an opportunity to explore the possibility what should be done with the Port. The state has decided to take on the cost of doing it. The city does not have the money to invest in the Port at this time. He would like a joint effort in taking advantage in seeing what they can do with the Port. VI. CONSENT AGENDA Com. Hutchinson advised the Board she would abstain from voting on Warrant List 17 and 18 and agenda item D-2 It was moved by Com. Craft, seconded by Com. Hutchinson to approve the Consent Agenda with Warrant lists 17 and 18 pulled as well as D-1and D-2; upon roll call, motion carried unanimously. It was moved by Com. Craft, seconded by Com. Lewis, to approve the item Warrant Lists 17 and 18 and D- 2, of the Consent Agenda;.and upon roll call motion carried unanimously with Com. Hutchinson abstaining. A. WARRANTS Approve warrant list No. 16,17 and 18. The Board approved Warrant List No.16, 17 and 18. B. COUNTY ATTORNEY Treasure Coast Research Park — Declaration of Covenants and Restrictions The Board approved the proposed Declaration of Covenants and Restrictions for the Treasure Coast Research Park, and authorized the Chairman to sign the Declaration of Covenants and Restrictions. 2. Request Permission to Advertise — Notice of Public Hearing — Petition to abandon a Plat known as St. Lucie Landings recorded in Plat Book 55, Pages 10 and 11 The Board authorized staff to advertise a Public Hearing to be held on March 6, 2012 at 6:00 p.m. or as soon thereafter as possible. B. COUNTY ATTORNEY CONTINUED Commission Boundary Redistricting — Affidavit of Publication The Board approved to have the Clerk enter the Affidavit of Publication into the Minutes of the December 6, 2011 Board of County Commissioners Meeting. C. TRANSPORTATION PLANNING ORGANIZATION Resolution No.12-023, Approval of Federal Metropolitan Planning Grant The Board approved Resolution No. 12-023 to amend the County budget in the amount of $266,063 for receipt of grant funds on behalf of the St. Lucie TPO. 2 D. PUBLIC WORKS Engineering Division: 1. Orange Avenue at North St. Lucie River Water Control District (NSLRWCD) Canal 56 Culvert Replacement The Board approved Work Authorization No. 4 to the Stormwater Management Contract (C091667) with Miller Legg for design of Orange Avenue at NSLRWCD Canal 56 Culvert Replacement in the amount of $79,135, approval of the Capital Improvement Summary 12=029 and authorized the Chairman to sign documents as approved by the County Attorney. 2. Guettler Borrow Pit Class II Mining Permit Application The Board approved scheduling a public hearing to be held March 6; 2012 at 6:00 p.m. or soon thereafter to consider the request of the Guettler Borrow Pit Class II Mining Permit application. E. PARKS, RECREATION & FACILITIES Golf Course Division: Golf Course Pump Station The Board approved the Capital Improvement Form 12-028 and Budget Amendment BA12-007 to purchase a new pump station for the Fairwinds Golf Course for an estimated $100,000 to be paid from the Parks MSTU and authorized the Chairman to execute documents as approved by the County Attorney. XI. PUBLIC WORKS Port Master Plan update Consider staff recommendation to approve of Resolution No. 12-001 for Florida Department of Transportation to proceed with assisting the County in updating the Port Master Plan and developing a strategic plan, and authorization for the Chairman to sign documents as approved by the County Attorney. The Public Works Director addressed the Board on this item. Com. Craft addressed the selection of the consultants by the DOT. The Public Works Director indicated they had to select the consultant through an open process just as the county does. Mr. Jeff Weidner, FDOT District 4 addressed the Boards questions. and stated they have 3 deep water ports in his district and they have a process in place to select the consultant. The team was selected a couple of years ago. They are participating with the Port of Palm Beach at 50% to update their Master Plan and they are looking to fund the update for Ft. Pierce Port Master Plan at 100% and would be a push button contract which is the quickest way this offer was made due to the unemployment rate. Com. Craft stated his concern was that there was a pre -determined outcome established and are looking to make major changes to what the Port Master Plan can be before doing the research Mr. Weidner stated they do not have a pre -determined outcome and do not wish to do anything the people do not want to do. They have had discussion with Indian River State College regarding a possible Maritime Academy. Most people have to be sent out of their state for Maritime training. Com. Craft stated he is more concerned with having complete transparency and to increase it is very important to him. He does not want this to look like it is being driven by a political body in Tallahassee based on a pre -determined outcome. They want them to know that this is not the case and the county will have some say and he believes they should have some input when it comes to the consultant they wish to use. Com. Hutchinson stated she was thrilled with the opportunity of possibly providing an educational training program. The fact they are willing to do it at 100% indicates their commitment and the community will ultimately have the final say. Mr. Weidner stated the Master Plan does not become a Master Plan unless the County or the city adopts it. He stated the county has the opportunity to tap into some resources that are on.a much larger contract in the port industry and larger markets to come that are attracted to the Ft. Pierce area. At this time we have a small shipping use and would have the ability to apply for funds if this increases to the threshold level of .005% of national movement. That would be 3 times the present use. Under the FSTED program you can apply for the fund for a training facility with a 50% match. There are various associations that would be glad to assist with the match such as the longshoreman association due to the fact they need to send their trainees outside of their state. Com. Craft asked the County Attorney if they could add language in the resolution indicating the county would participate in the selection of the consultant for phase 2 along with the city of Ft. Pierce The County Attorney indicated this would be possible. Com. Lewis indicated she would agree with the resolution that was presented today, Resolution No.12-001- A. It was moved by Com. Lewis, seconded by Com. Hutchinson to approve Resolution No. 12-001-A with the added language as requested by Com. Craft, and; upon roll call, motion carried unanimously. The Chairman requested a motion for the ratification in appointing the Public Works Director as the Port Director as requested by the County Administrator. It was moved by Com. Lewis, seconded by Com. Craft for discussion. Com. Craft indicated that he did not have an issue with the appointment however he was not sure if the Board wanted to have additional discussion and they wish to bring it back at the next workshop. This is something that would normally be on the agenda. The County Administrator stated she had administratively appointed Mr. West to that position due to the time constraints in her position. Com. Craft asked if it needed to be ratified by the Board due to the fact it would also need to come back to also eliminate the appointment. Com. Hutchinson stated she was comfortable with leaving the appointment to be made at the administrative level. Com. Lewis stated she would withdraw her motion since there seems to be a consensus by the Board to handle this issue administratively. Com. Craft withdrew his second. Items 7-13; 7-E and 7-F will be heard out of order and will follow the above item. VII. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES. 4th item heard Ordinance No. 11-027 — Land Development Code Text Amendment to Class A Mobile Home Permits. Consider staff recommendation to approve to schedule the second required public hearing for March 20, 2012 at 9:00 a.m., or as soon thereafter as possible for Ordinance No.11-027. Staff reviewed this item and advised the Board of the alternative presented. Mr. Charles Grande, Planning and Zoning member addressed the Board and indicated the P & Z Board unanimously voted against the text amendment however staffs update and alternative addresses all the objections and the P & Z Board would not have any further objections to the approval of the alternative as presented. The Board agreed with the alternative as presented by staff. It was the consensus of the Board to move forward to the second public hearing scheduled for March 20, 2012 at 9:00 a.m. or as soon thereafter as it may be heard. 4 B. C. COUNTY ATTORNEY -1st item heard Petition for Abandonment — Petition to abandon at 10-foot Drainage/Utility/Easement along North side of Lots 35, 36, 37 and 38 and a 6-foot Drainage/Utility Easement along East side of Lot 35, all in Block 43 in River Park — Unit Five — Resolution No.12-027 Consider staff recommendation to approve Resolution No.12-027, instruct staff to publish the Final Notice of Abandonment, record Resolution No. 12-027, Proof of Publication of the Notice of Intent to Abandon, proof of Publication of the Notice of Public Hearing, Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County. Mr. Glen Collins, River Park resident, addressed this issue as well as the zoning change. He asked the Board to consider the fact that they feel another auto parts store will not benefit River Park and the residents would like to keep it residential. He believes this change in zoning will have a negative impact on the area. It was moved by Com. Craft, seconded upon roll call, motion carried unanimously. COUNTY ATTORNEY- 5th item heard by Com. Lewis, to approve staff recommendation, and; Ordinance No.12-002 — Letter of Credit Form This is the first of two public hearings. No action is required at this time. It was moved by Com. Hutchinson, seconded by Com. Craft to move forward to the second public hearing, scheduled for March 20, 2012 at 9:00 a.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. D. PLANNING & DEVELOPMENT SERVICES- 7th item heard Thomas Recreation and Music Park, LLC — Conditional Use Permit for an Off Road Vehicle Park and Sporting/Recreational Camp Consider staff recommendation to adopt Resolution No. 12-005 granting approval of the Conditional Use Permit for five events per calendar year for five years. Staff provided a review of this item. Quasi-Judical- Commissioners Lewis, Hutchinson, Craft and Dzadovsky acknowledged having contact with the applicant and neighbors. Mr. Brad Curry, Land Design South, representing Mr. Thomas applicant for the conditional use, addressed the Board on this item. Mr. Curry advised the Board they have addressed the caracara habitat with the Environmental staff and will continue to monitor. Mr. Curry advised the Board they are requesting a modification to the conditions where the live entertainment time would be extended from 9:30 p.m. to 11:00 pm. due to the daylight hours. They will also be moving the direction of the stage away from the Aero Acres residential area. They are also proposing a no activity zone barrier and a ditch with a buffer. This area will be monitored by security and the Sheriffs office. He believes the band can continue to play and not exceed the 50 decibels rating after the 10:00 p.m. Mr. Curry stated they have staff support as well as the support of the Planning and Zoning Board and he believes they have resident support. Mr. Larry Thomas, applicant addressed the Board on his request. He advised the Board that the property owner Ms. Norvelle needed some income so that she would not have to sell her property and he needed a place to have his events so this works out well for both parties. He also advised the Board of the impact the past event had to the area businesses. The neighboring businesses all reported an increase in business during that time. Mr. Thomas presented the Board with signatures indicating support for his events. 5 Mr. Thomas addressed the Board's concerns with the problems they had in Okeechobee when they held such an event. Okeechobee since then has restricted riding of the vehicles at night. He believes if his people cannot ride their vehicles at night, it would not be worth having the events. Staff advised the Board that in their discussion with the applicant, the mud riding stops at dark, there is nothing prohibiting them from riding from one area to another, but they need to stay out of the wetland areas. Ms. Jenny Sherlock, attorney for Mr. and Mrs. Bruhn, addressed the Board and stated their opposition to the conditional use. They are aware of all the conditions that will minimize the impact and they do recognize staff has worked diligently to minimize the impact also: Ms. Sherlock addressed the definition of the two activities provided under the conditional use. She stated that Mr. and Mrs. Bruhn would not approve of the extension in time however they would support extending the time to 10:00 p.m. Ms. Sherlock addressed the Resolution and that it does not provide any enforcement. They would like language inserted that if there was a violation of any of the conditions their permit would be terminated. Com. Craft advised Ms. Sherlock that the Board has a clause regarding violations of conditions and the fact that it would come back to the Board. The County Attorney read the code and stated that every code has a revocation clause. Ms. Sherlock stated she would like for the language to be inserted in the resolution. Com. Craft stated he believed the Board did not have an issue with the resolution restating what is in the code. The ERD Director addressed the previous violations and stated they required more permanent fencing for this event and it will be inspected 14 days prior to the event. Com. Dzadovsky stated he would like to keep the time as 14 days. Staff indicated that number 23 does not have a time frame and maybe should be clarified. The ERD Director stated it is stated in their condition of approval. Ms. Sherlock requested the Board insert the cross reference into number 23 and 26. Ms. Claire Petina, resident of Aero Acres, addressed the Board in opposition to the events. They have requested the time for the event end at dusk due to the fact they have children and the noise travels. She believes there is no reason to have these events at night. Ms. Cindy Gibson, Hampton Inn Director of Sales, addressed the Board and advised them of the 2- 8% increase in residency in the area hotels during the events. Staff advised the Board the mud pit activity would end at dusk. Mr. Dick Aysier, addressed the Board and stated he lives close the area and during the last mud jam he could not hear the noise. He advised the Board he does have many trees between his property and where the event takes place. He believes the noise issue can be solved for those who have concerns. Ms. LeeAnn Adams, Adams Ranch, thanked the Board for the conditional use permit and believes it will .bring good business to the county. Mr. Clayton Humphries, area resident and stated he has not been able to hear any conversations at night in the area. He believes this will continue to benefit the area. He asked those in Aero Acres if they considered what would move in should Ms. Norvelle lose her ranch. Ms. Joyce Teigh, 7000 Carlton Road resident addressed the Board and stated Ms. Norvelle deserves the help she is receiving by having these events. She advised the Board she did not hear anything while driving through the area. 0 Mr. Andrew Bruhn, resident who was being represented by Ms. Sherlock, addressed the Board and stated he could hear the ATV's throughout the night. He stated there are 11 homes within 500 feet and 7 of the 11 homes signed the petition against the event. Mr. Bruhn addressed the various pictures he sent to the Board members from the web -site. He does.not wish to have such an event in his backyard. Mr. Curry representing the petitioner addressed the. site plan and the buffer area which will not permit camping or riding in the area adjacent to Aero Acres. A vehicle will not get any closer than 1,000 feet from Mr. Bruhn's. property. The pictures on the web are not on Mr. Thomas' web -site they are on face -book and anyone can place pictures on face -book. They have also placed a hardened barrier to keep people out of the wetland areas. Com. Hutchinson stated she had concerns with the website indicating early check in on Thursday. Mr. Curry stated the web -site has been updated and this is only for people to pick out their camp site and there will not be any overnight camping on Thursday. Com. Dzadovsky addressed the dry conditions. Mr. Thomas advised the Board he received a permit from the South Florida Water Management District with their restrictions noted. Com. Dzadovsky asked if the applicant could pass out flyers to be good neighbors while on the property during the event. Mr. Thomas stated he is the type that pushes to be a good neighbor and he will work with the county and Aero Acres. Whatever has to be done to make.it work correctly he will do. He stated he would also work with the Sheriffs department to make sure all goes accordingly. Sheriff Ken Mascara addressed the Board and stated he played a vital role in the first event and visited Okeechobee. He stated they had plenty of Sheriff personnel and Fire personnel and with an attendance of about 8-10,000 people there was only one arrest and this was due to the theft of an ATV vehicle. They have done everything possible to make sure the noise is mitigated and the Board has his commitment that they will do everything possible to make sure there are no future issues during an event. The County Attorney recapped the following: Condition A-3 where it indicated 9:30 p.m. the Board should consider whether the Board would amend it to 11:00 p.m. as per the applicant's request and also a neighbor suggested 10:00 p.m. Add a paragraph to 33, reflecting language from the Land Development Code 11.07.05h Condition 23, first sentence add "at least 14 days before each event" Also the amount of people per event, he is not sure if the Board would like to address this. Com. Craft stated he believed it should be 14 days prior to advertising the event in case there are any changes. Mr. Currystated the 14 days are for permits. Condition 31 indicates 30 days notification. Com. Craft stated his concern was the applicant has advertised the event prior to the approval and there may be changes should something happen at a prior event. Mr. Curry indicated they believe 30 days is sufficient and with regard to the time, they would agree to 10:30 p.m. Com. Dzadovsky stated the issue of the number of people can be brought back to the Board should the Sheriffs department feel it is getting out of hand. The County Attorney stated he believes the applicant has a number in mind of how many people can attend the event. Com. Craft recommended the Sheriff make the determination if there are too many people at one event and getting to an unsafe level. The County Attorney stated they could insert a condition where it indicated the Sheriff s department will have the authority to determine if the occupancy level exceeds the public safety level or something to that affect. The County Administrator requested staff advise how condition # 3would be enforced since they do not have code enforcement on site. Staff advised they had been discussing this issue and stated if there were complaints it would be the responsibility of the applicant to prove they are within the noise levels. Mr. Thomas stated he had the name of a person who he has on notice should they receive a noise complaint to come out and measure the levels and do a report. Com. Craft asked if they could refer to the code rather than the number indicated since it may change. Staff indicated the present code number is 50 decibels. The County Attorney stated they could just say exceed noise levels as indicated on the noise ordinance or something to that affect. Com. Dzadovsky stated his position would be to go to 10:00 a.m. being a good neighbor. The County Attorney reviewed the changes. Com. Hutchinson stated she is willing to go to 10:30. p.m. due to the fact there is a willingness of the applicant to have someone measure the decibels should there be a complaint. Com. Lewis stated she had some reservations on this issue but will concur with Com. Hutchinson and felt 10:30 would be reasonable. Com. Craft stated he would support the 10:30 time however, he would like the applicant to be mindful and as it starts getting dark he adjust the sound levels to stay under the decibels required and reminded the applicant this is a conditional use. It was moved by Com. Hutchinson, seconded by Com. Craft, to approve the Conditional Use permit as amended in accordance with conditions as read by the County Attorney to include the 10:30 p.m. for the live music, and; upon roll call, motion carried unanimously. E. . PLANNING & DEVELOPMENT SERVICES-2nd item heard Land Development Code Text Amendment — Commercial, Neighborhood Zoning Consider staff recommendation to adopt Ordinance No. 12-004 (fka 11-035) granting a text amendment to the Land Development Code to add "Auto supplies (5531)" under "Retail trade" as a conditional use in the Commercial, Neighborhood (CN) Zoning District. Staff advised the Board no comments from the public have been received with the exception of the comments just made by Mr. Collins. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. F. PLANNING & DEVELOPMENT SERVICES-3rd item heard Quasi -Judicial- Commissioners Lewis, Hutchinson, Craft and Dzadovsky acknowledged having contact with the applicant and staff. Autozone-Rezoning and Preliminary/Final Planned Non-residential Development site plan approval with a conditional use. Consider staff recommendation to adopt Resolution No. 12-002 granting a Rezoning and Preliminary/Final Planned Non-residential Development site plan approval with a conditional use for the project to be known as the Autozone PNRD. Mr. Eduardo Intriago, P.E. representing Autozone, was present to address any questions the Board may have. E-2 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME —MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE St. LucieCounty Board of County Commis MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION. AUTHORITY OR COMMITTEE ON 2300 Virginia n i d Av7enue WHICH I SERVE IS A UNIT OF: CITY COUNTY QCftY ®COUNTY QOTHERLOCAL AGENCY Fort Pierce FL St, Lucie NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED 2/7/12 MY POSITION IS: 19 ELECTIVE f�j APPOINTIVE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. . INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME —MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE St. Luciegqunty Board of Count Commissi MAILINGADDRESS 2300 Virginia Avenue THE BOARD. COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: []CITY ®COUNTY []OTHER LOCAL AGENCY CITY COUNTY Fort Pierce FL St. Lucie NAME OF POLITICAL SUBDIVISION: ATE ON WHICH VOTE OCCURRED 12/7/12 ::1 MY POSIr10N IS: ELECTIVE APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate' means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). • • ♦ r r • • • • • r • f • ♦ ♦ ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the' measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. f • f R ♦ f f f • f f ♦ } f f f APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) ners Com. Hutchinson stated they are restricted to not fixing any automobiles on the property. The applicant indicated that was correct, they would only be purchasing the supplies and no items will be stored outside the building and indicated a correction to staffs report. It was moved by Com. Craft, seconded by Com. Hutchinson, to approve staff recommendation, and; upon roll call, motion carried unanimously. REGULAR AGENDA VIII. COUNTY ATTORNEY- 6th item heard Economic Development Ad Valorem Tax Exemption = Ballot Question = November 6, 2012 Consider staff recommendation to adopt Resolution No. 12-011 and authorize the Chairman to sign the Resolution. Staff reviewed the item. It was moved by Com. Craft, seconded by Com. Hutchinson, to adopt Resolution No:12-011, and; upon roll call, motion carried unanimously. IX. ADMINISTRATION Reinstatement of one Plans Examiner Position in the Building and.Code Regulation Division. Consider staff recommendation to approve to reinstate one Plans'Examiner Position for the Building and Code Regulation Division and authorization to fund the Position from the Building Fund Reserve Account. The County Administrator addressed the Board on this item. It was moved by Com. Craft, seconded by Com. Hutchinson, to approve the reinstatement of one Plans Examiner Position, and; upon roll call, motion carried unanimously. X. ADMINISTRATION Treasure Coast Education & Research Development Authority (TCERDA) Board Staff recommends the board select one applicant from the applications submitted to fill the vacancy on the Treasure Coast Education & Research .Development Authority. Upon tally of the votes, it was the consensus of the Board to re -appoint Mr. Peter Stofella to the Treasure Coast Education, Research and Development Authority by a vote of 4-0 (Com. Mowery absent). There being.no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 9 .rixre 1 rf. t:�ai.) 1 :�.�1F,)t.11 V� tt,s 1.V )..... A. .r tt t V:: 2,'r... t if Lr.•1 tl.}t'tl .t :}.r.}: )t f1 1.. ..:4:. it; 1.i1: I .,. .it. t}.i::f 1t.V 1,1� 1. x..�e1 *t. S xir!. {.A. {..,F ! }..'i:'1 .1 2. .:.I,� t dlikk irk February 21, 2012 9:00 A.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 Tuesday at 6:00 P.M. or as soon thereafter as possible and on the third Tuesday at 9:00 A.M. or as soon thereafter as possible, these time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others' opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month; the first Tuesday at 6:00 P.M. and the third Tuesday 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 Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. February 21, 2012 .T 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stiucieco.org Chris Dzadovsky, Chairman District No.1 Tod Mowery, Vice Chairman District No. 2 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 Chris Craft District No. 5 x±.id lll .L )ib f.t. J'{,t. _,.i. i t l!.-1.!.lL.{-1{ .f 1, <I. ,;Jt., ,. 1l±J i!�1 EI'd{!!.! .SA' It r, 1, J.J.t j.4 t4l.:J 1.14E .l la Ltt!. t-f .L F}i t-t .Ald iJL;.{ 13�1 }'.Jf la'.I-F:'/,. ..t s.4 i Lt c11.)t'!,I F... .1. •J„ J. y). - Fd{.1 .t Yiiii�Ci�filll�ifil�lli���f�i`ICI{�ft`i�liflil{iiPlil���tilifii�fiiilllyi'iiiiii�i�iill7��C1{�67�iS1t�I1Ti11il0�iif�llfii'iY�ii�till�il�lii�fiii�ll�llfitiii�iit�i�l3�f(Iti�i�(tliiil��riilii1�11i�fi�l�iPitit���✓?titll�� I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the February 7, 2012 meeting. Approve the minutes from the February 14, 2012 special meeting. IV. PROCLAMATIONS/PRESENTATIONS A. Presentation of Revenue Sharing Certificate by Joseph E. Smith, Clerk of the Circuit Court B. COUNTY ATTORNEY Resolution No.12-028 — "National Engineer's Week" in St. Lucie County. Consider staff recommendation to adopt Resolution No.12-028 as drafted. C. COUNTY ATTORNEY Resolution No. 12-030 — proclaiming the month of March 2012 as "Treasure Coast Bonsai Month" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No.12-030 as drafted. D. COUNTY ATTORNEY Resolution No.12-037 — "International Walk to School Day" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No.12-037 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No.19 and 20. B. COUNTY ATTORNEY 1. Permission to file suit against the owners of the following five (5) parcels located in St. Lucie County for failure to pay impact fees: Permit #0641340 — 529 NW Prima Vista Blvd., Port St. Lucie, FL Permit #0704705 —1702 SW Janette Avenue, Port St. Lucie, FL Permit #0703101 — 1761 Del Rio Blvd., Port St. Lucie, FL Permit #0715794 — 587 SW Bradshaw Circle, Port St. Lucie, FL Permit #0641987 — 6988 NW Hartney Way, Port St. Lucie, FL Consider staff recommendation to authorize the County Attorney's Office to file suit against owners of the five (5) referenced parcels located in St. Lucie County for failure to pay impact fees. 2. Revocable License Agreement — James Walukiewicz — Jenkins Park Avenue Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct James Walukiewicz to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. 3. After the Fact Revocable License Agreement — For a Fence — Jessie and Leslie Pfeiffer — 5865 Jenkins Park Avenue Consider staff recommendation to approve the After the Fact Revocable License Agreement, authorize the Chairman to sign the After the Fact Revocable License Agreement and direct Jessie and Leslie Pfeiffer to record the After the Fact Revocable License Agreement in the Public Records of St. Lucie County, Florida. Contract for Sale and Purchase — Midway Road Improvements — Four-Laning of Midway Road from Selvitz Road East to South 25th Street — Elio J. Hernandez — Parcel 3406-501- 0028-000/5 Consider staff recommendation to approve the Contract for Sale and Purchase from Elio J. Hernandez, 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. Interlocal Agreement with Town of St. Lucie Village — Solid Waste Disposal Consider staff recommendation to approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. 6. St. Lucie County International Airport — Proposed Sublease Agreement between Fort Pierce FBO, LLC and East Coast Aircraft Painting, Inc. Consider staff recommendation to consent to the proposed sublease agreement between Fort Pierce FBO, LLC and East Coast Aircraft Painting, Inc. 7. Donation of Right -of -Way — Parkway Plaza Partnership — Turnpike Feeder Road and Winter Garden Parkway — Resolution No.12-036 Consider staff recommendation to accept the Warranty Deed of Donation, authorize the Chairman to sign Resolution No. 12-036 accepting the Warranty Deed of Donation and direct staff to record the documents in the Public Records of St. Lucie County, Florida. B. COUNTY ATTORNEY CONTINUED 8. Road Impact Fee Credit Agreement 12-001— Parkway Plaza Partnership Consider staff recommendation to approve the Road Impact Fee Credit Agreement 12- 001 with Parkway Plaza Partnership, authorize the Chairman to sign the Agreement and direct staff to record the Agreement in the Public Records of St. Lucie County, Florida. C. HUMAN RESOURCES 1. CORIZON Health, Inc. Inmate HIV Medications Invoice for November, 2011. Consider staff recommendation to authorize payment of CORIZON Health, Inc. invoice number CZN000010474 for HIV medications for the FY-2012 period of November 01, 2011 through November 30, 2011, in the amount of $50,827.25. 2. CORIZON Health, Inc. Inmate HIV Medications Invoice for December, 2011. Consider staff recommendation to authorize payment of CORIZON Health, Inc. invoice number CZN000010475 for HIV Medications for the FY-2012 period of December 01, 2011 through December 31, 2011, in the amount of $40,409.45. D. PUBLIC WORKS Engineering Division: 1. Refund of Fair Share Contribution — Lennard Road PD&E Project. Consider staff recommendation to authorize to return the Fair Share Contribution of $52,000 to the developer. 2. Angle Road Sidewalk Project (Phases II and III) Consider staff recommendation to approve acceptance of the Angle Road Sidewalk Project (Phases II and III). 3. North Lennard Road Municipal Services Benefit Unit (MSBU) Offsite Drainage Improvements Consider staff recommendation to approve authorization to utilize emergency bidding procedures and waive the formal bidding process. 4. Harmony Heights Stormwater Phase I South Consider staff recommendation to approve of bid award to Guettler Brother Construction, LLC in the amount of $1,176,174 for construction of Harmony Heights Stormwater Phase I South, Work Authorization No. 3 with Milestone Construction Group in the amount of $280,858 for construction management services, Work Authorization No. 53 with Dunkelberger Engineering & Testing, Inc. in the amount of $66,000 for soil testing services, establish the project budget and authorization for the Chairman to sign documents as approved by the County Attorney. Utilities Division: 5. Agreement Extension — Severn Trent Environmental Services, Inc. Consider staff recommendation to approve the First Extension to the agreement between Severn Trent Environmental Services, Inc., and St. Lucie County. D. PUBLIC WORKS CONTINUED 6. 2010 Rate Schedule Amendment Consider staff recommendation to adopt Resolution No. 12-034 authorizing the correction of the scrivener's error for the wastewater utility rates, fees and charges within the St. Lucie County Water and Sewer District. E. ENVIRONMENTAL RESOURCES Work Camper Agreement — Bluefield Preserve Consider staff recommendation to approve authorization to terminate the Work Camper Agreement with William Miley for Bluefield Preserve. F. MANAGEMENT & BUDGET Purchasing Division: 1. Request for Proposals (RFP) No. 12-003, Lobbyist Services. Consider staff recommendation to approve the highest ranked firm for Lobbyist Services and permission to: 1. Conduct contract negotiations with the highest ranked firm, Van Scoyoc Associates, Inc of Washington DC; 2. If negotiations are successful, award contract to the highest ranked firm and authorization for the Chairman to sign the documents as prepared by the County Attorney. 3. If Staff is unable to negotiate a satisfactory contract with the highest ranked proposer, negotiations with that firm shall be terminated and Staff shall attempt to negotiate a contract with the second ranked firm. If these negotiations are not successful, they shall be terminated with the second proposer and attempted with the next ranked firm. Grants Division: 2. FEMA Severe Repetitive Loss Program — County Contract Consider staff recommendation to approve authorization to execute a FEMA Severe Repetitive Loss Contract with one homeowner, and Board authorization to have the Chairman sign the contract, as approved by the County Attorney. G. TRANSPORTATION PLANNING ORGANIZATION Resolution No. 12-024, Approval of Federal Transit Administration Grant Budget Amendment No. BA12-006, Local Match Consider staff recommendation to approve Budget Resolution No. 12-024 ($91,191) and Budget Amendment No. BA12-006 ($10,132) to amend the County budget for receipt of grant funds on behalf of the St. Lucie TPO. H. PLANNING & DEVELOPMENT SERVICES Final Plat Approval — Parkway Plaza Consider staff recommendation to approve the Final Plat for the Parkway Plaza Subdivision and authorization for the Chairman to sign documents as approved by the County Attorney. VII. PUBLIC HEARINGS A. COUNTY ATTORNEY Unsafe Structure at 101 Berger Road, Fort Pierce Consider staff recommendation to authorize the Code Compliance Division to demolish the structure, clean the property and assess the entire cost, which constitute a lien payable to St. Lucie County. B. COUNTY ATTORNEY Ordinance No.12-002 — Letter of Credit Form Consider staff recommendation to continue the public hearing until March 20, 2012 at 9:00 a.m. or as soon thereafter as the item may be heard. REGULAR AGENDA Vill. PLANNING & DEVELOPMENT SERVICES Planning Division: Petition of Michael and Marie Ingravallo for a waiver from Section 7.09.04.E Consider staff recommendation to adopt Resolution No. 12-014 granting the requested waiver from Section 7.09.04.E — Landscaped Buffer Areas Between Non -Residential or Residential Structure(s) Housing Three (3) or More Dwelling Units and Single -Family or Two -Family Residential Uses. IX. COUNTY ATTORNEY Resolution No. 12-031— Amendment to the Investment Policy Consider staff recommendation to adopt Resolution No. 12-031 and authorize the Chairman to sign the Resolution. X. ANNOUNCEMENTS The Board of County Commissioners will hold a Workshop on the Fenn Center Operations and Rental Policies on Thursday, February 23, 2012 at 10:00 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 2. The 47th Annual St. Lucie County Fair will take place February 24, 2012 - March 4, 2012 at the St. Lucie County Fairgrounds, 15601 West Midway Road, Fort Pierce. For details visit: www.stluclecountyfair.org. 3. The Board of County Commissioners will hold a Budget Workshop on Tuesday, February 28, 2012 at 10:00 a.m. in Conference Room #3 of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 4. The New York Mets kick off their Spring Training Season at Digital Domain Park in Port St. Lucie on Monday, March 2, 2012 vs. Washington Nationals at 6:10 p.m. Home games run through April 3, 2012 with games vs. the Florida Marlins, New York Yankees, St. Louis Cardinals, Houston Astros, Detroit Tigers and others. For tickets call (772) 871-2115 or visit www.diaitaldomainpark.com. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stlucieco.org L t:t�.t:-,.. tt14.A.!l..'.—, .f J..1L 1,i 11! C rJ a1 JJt:':.aa l.it :.a3.lt LF LJ..2,. A,1,. 1.14 laVri ti '. A! 3t. :.l lJ.3i1., 1111 •.. G: .i.. L1 ii Allt. .t., ri ,l.... •. .1. J.. ,.. II F{t,., ,�,...: .. t, ..�..5 ...tl:.Llt .I.t2.{.yt, i:..4 r.., Tod Mowery, Chairman District No. 2 Paula A. Lewis, Vice Chair District No. 3 Chris Dzadovsky District No.1 Frannie Hutchinson District No. 4 Chris Craft District No. 5 .,.`itt3t.=\dl.l.l.}.it LF `.,1 i. i.t d.J.s .!,IJ, ..fir{, i!-i,{,{�.,1;l,}4•:{.!ALli.41.l.3:51 FJA;.l1t.1lt`3.r.U1.({;t1 FISa;LJ:!"�A.tFF,`,}!Ht.t!!:1-.S,A\.I::{:r;),I..C:C1.,.,[l {. >.dt.l.1,53.!*tS L •4: MINUTES Approve the minutes from the January 17, 2012 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 16, 17, 18, 19 and 20. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT www.co.st-lucie.fl.us www.stlucleco.org ,.•.bt JItJ.. l.. •-)'t.l l..(_ .:A•l.t (A.t f. 1. t..f.f.f, 1. ,J . ,.I..I., .:.;-f.1tA} F4-//--A .v, l....'.>}I9tA J .,.J.J:.•}.1.1 ! J11 i.4:..t ,: tl.tlt "Li. 4} 4E. 1. J2: l.i Ja .J I}„t.J:I...VA.. '! tE.)t.l.J:'_ i..; l:1:I1.1 b1. ..,.litlJ:t _.. ..,}—ia t: Ittiifi➢iiiltiifii9}i(flit�ililtiilift(fiiiiitilltiiffii)ii�119{�ii�iii�iii��IlflliiiC1�1�11'�(titiii�l�liifii)ri��ti119i�1�1�(i'��tlillilYlli�Yiiiiili911iiili�itff9iiitiiftti'iil�liiiifliitfifii9iUliliilillfiffi Frannie Hutchinson, Chair District No. 4 Tod Mowery, Vice Chairman District No. 2 Chris Dzadovsky District No.1 Paula A. Lewis District No. 3 Chris Craft District No. 5 =}�tf I ,Ft. .,1.{i ,. I.JI..:w�. t.l.,., IJAI:�• .t - :. . �:J ';.J. fl1,tAt. (:ALI'd:1:1 r,i IA �11 t. 1, 411: ,1 ;dot ll.. t.t- ), ;.J: J2.1.3i1.!i.e. !-J •, tl:�•.t,.l.. .aF„k v. 1,I1�1.1. t t:,-tt AJ.Sf dl.�l. 7:l:: t. -ltua fl.I Ft1i :.. ......42., ti�lill�iilfil�tlllliiflllltliiiifl�iliiifftlii�i�l`116�Ifif�ili3lipllltiilillfil�li�fl(fIIf111iiiililliilYlffli�iFl6iliififii1�1111��iti11119i�1illlthitll'i16�li�iifllt liiiiiil661flflltf(Ifi�itiifi�ifilt�iltll MINUTES Approve the minutes from the January 17, 2012 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No.16, 17, 18, 19 and 20. B. MOSQUITO CONTROL & COASTAL MANAGEMENT Artificial Reef Grant Consider staff recommendation to approve acceptance of $60,000 in grant funding from the FWCC (FWC 10-166), approval of Budget Resolution No. 12-001, approval of Work Authorization No. 4 with McCulley Marine Services, Inc. and authorization for the Chairman to sign documents as approved by the County Attorney. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk & Benefits Manager at (772) 462-1404 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: February 7, 2012 Convened: 6:00 p.m. Adjourned:10:00 p.m. Commissioners Present: Chairman, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson, Chris Craft, Tod Mowery (absent on county business) Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Lauri Waldie, Utilities Director, Karen Smith, ERD Director, Michael Brillhart, Business/Concurrence Manager, Sheriff Mascara, Millie Delgado -Feliciano, Deputy Clerk INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the January 17, 2012 meeting. Approve the minutes from the January 24, 2012 special meeting. It was moved by Com. Craft seconded by Com. Hutchinson, to approve the minutes of the meetings held on January 17th and January 24th, 2012, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. A presentation was given by Cooperative Extension on value of volunteer hours performed by 4H and Master Gardners. The 4-H programs volunteers provided 14,500 hours totaling $270,480. The Master Gardners volunteers provided 14, 028 hours totaling $258,115. Addition: Resolution No.12-033 Future Farmers of America Week It was moved by Com. Craft, seconded by Com. Lewis, to adopt Resolution No. 12-033, proclaiming the week of February 18, 2012 through February 25, 2012 as Future Farmers of America Week in St. Lucie County, Florida, and; upon roll call, motion carried unanimously. Mr. Earl Shook, Westwood FFA Advisor and Britanny Shoun, Ft. Pierce Westwood FFA President 2011-2012 were present to accept the proclamation. B. COUNTY ATTORNEY Resolution No. 12-029 — "2-1-1- Awareness Week". Consider staff recommendation to adopt Resolution No.12-029 as drafted. It was moved by Com. Hutchinson, seconded by Com. Craft, to adopt Resolution No.12-029, and; upon roll call, motion carried unanimously. V. GENERAL PUBLIC COMMENT Mr. Robert Verimuklo, Port St. Lucie resident addressed the Board and stated a U. S. Supreme Court Judge had recently encouraged an Islamic nation not to use the Constitution of the U.S. as a model to draft their constitution. He stated that a war is being waged as to how our freedom is defined. He also invited the Board to attend a Citizens Concerned for Property Rights Conference being held on February 11, 2012. Mr. Richard Ross, area resident addressed the Board in support of the Port. He believes re -engineering the Port Master Plan will assist those out of work with a decent paying job. He asked the Board to pass the resolution for the Florida Department of Transportation to proceed with assisting the County in updating the Port Master Plan. Mr. John Arena, area resident addressed the Board regarding the nation's school system not providing individuals who can apply for high paying jobs. Mr. Charles Grande, Hutchinson Island, addressed the Board regarding the Port Master Plan. He met with consultants the DOT had sent to Ft. Pierce. The consultants worked for the shipping industry not the DOT. They reviewed what they were presenting and the problem they found was that the approach was not the kind of approach they had at the last update process which was all inclusive and objective and the moderators totally objective. What they found was that FDOT's reliance on folks who are consultants to the cargo industry. Their discussion was can they demonstrate economic feasibility, with shipping as an industry at the Port of Ft. Pierce. He does not believe cargo will bring in many jobs being automated such as the Indian River Terminal. Ft. Pierce Commissioner Reginald Sessions addressed the Board regarding the Port. He believes there is an opportunity to explore the possibility what should be done with the Port. The state has decided to take on the cost of doing it. The city does not have the money to invest in the Port at this time. He would like a joint effort in taking advantage in seeing what they can do with the Port. VI. CONSENT AGENDA Com. Hutchinson advised the Board she would abstain from voting on Warrant List 17 and 18 and agenda item D-2 It was moved by Com. Craft, seconded by Com. Hutchinson to approve the Consent Agenda with Warrant lists 17 and 18 pulled as well as D-1and D-2; upon roll call, motion carried unanimously. It was moved by Com. Craft, seconded by Com. Lewis, to approve the item Warrant Lists 17 and 18 and D- 2, of the Consent Agenda;.and upon roll call motion carried unanimously with Com. Hutchinson abstaining. A. WARRANTS Approve warrant list No. 16,17 and 18. The Board approved Warrant List No.16, 17 and 18. B. COUNTY ATTORNEY Treasure Coast Research Park — Declaration of Covenants and Restrictions The Board approved the proposed Declaration of Covenants and Restrictions for the Treasure Coast Research Park, and authorized the Chairman to sign the Declaration of Covenants and Restrictions. 2. Request Permission to Advertise — Notice of Public Hearing — Petition to abandon a Plat known as St. Lucie Landings recorded in Plat Book 55, Pages 10 and 11 The Board authorized staff to advertise a Public Hearing to be held on March 6, 2012 at 6:00 p.m. or as soon thereafter as possible. B. COUNTY ATTORNEY CONTINUED Commission Boundary Redistricting — Affidavit of Publication The Board approved to have the Clerk enter the Affidavit of Publication into the Minutes of the December 6, 2011 Board of County Commissioners Meeting. C. TRANSPORTATION PLANNING ORGANIZATION Resolution No.12-023, Approval of Federal Metropolitan Planning Grant The Board approved Resolution No. 12-023 to amend the County budget in the amount of $266,063 for receipt of grant funds on behalf of the St. Lucie TPO. 2 D. PUBLIC WORKS Engineering Division: 1. Orange Avenue at North Culvert Replacement St. Lucie River Water Control District (NSLRWCD) Canal 56 The Board approved Work Authorization No. 4 to the Stormwater Management Contract (C091667) with Miller Legg for design of Orange Avenue at NSLRWCD Canal 56 Culvert Replacement in the amount of $79,135, approval of the Capital Improvement Summary 12=029 and authorized the Chairman to sign documents as approved by the County Attorney. 2. Guettler Borrow Pit Class II Mining Permit Application The Board approved scheduling a public hearing to be held March 6, 2012 at 6:00 p.m. or soon thereafter to consider the request of the Guettler Borrow Pit Class II Mining Permit application. E. PARKS. RECREATION & FACILITIES Golf Course Division: Golf Course Pump Station The Board approved the Capital Improvement Form 12-028 and Budget Amendment BA12-007 to purchase a new pump station for the Fairwinds Golf Course for an estimated $100,000 to be paid from the Parks MSTU and authorized the Chairman to execute documents as approved by the County Attorney. XI. IPUBLIC WORKS Port Master Plan update Consider staff recommendation to approve of Resolution No. 12-001 for Florida Department of Transportation to proceed with assisting the County in updating the Port Master Plan and developing a strategic plan, and authorization for the Chairman to sign documents as approved by the County Attorney. The Public Works Director addressed the Board on this item. Com. Craft addressed the selection of the consultants by the DOT. The Public Works Director indicated they had to select the consultant through an open process just as the county does. Mr. Jeff Weidner, FDOT District 4 addressed the Boards questions, and stated they have 3 deep water ports in his district and they have a process in place to select the consultant. The team was selected a couple of years ago. They are participating with the Port of Palm Beach at 50% to update their Master Plan and they are looking to fund the update for Ft. Pierce Port Master Plan at 100% and would be a push button contract which is the quickest way this offer was made due to the unemployment rate. Com. Craft stated his concern was that there was a pre -determined outcome established and are looking to make major changes to what the Port Master Plan can be before doing the research Mr. Weidner stated they do not have a pre -determined outcome and do not wish to do anything the people do not want to do. They have had discussion with Indian River State College regarding a possible Maritime Academy. Most people have to be sent out of their state for Maritime training. Com. Craft stated he is more concerned with having complete transparency and to increase it is very important to him. He does not want this to look like it is being driven by a political body in Tallahassee based on a pre -determined outcome. They want them to know that this is not the case and the county will have some say and he believes they should have some input when it comes to the consultant they wish to use. Com. Hutchinson stated she was thrilled with the opportunity of possibly providing an educational training program. The fact they are willing to do it at 100% indicates their commitment and the community will ultimately have the final say. 3 Mr. Weidner stated the Master Plan does not become a Master Plan unless the County or the city adopts it. He stated the county has the opportunity to tap into some resources that are on.a much larger contract in the port industry and larger markets to come that are attracted to the Ft. Pierce area. At this time we have a small shipping use and would have the ability to apply for funds if this increases to the threshold level of .005% of national movement. That would be 3 times the present use. Under the FSTED program you can apply for the fund for a training facility with a 50% match. There are various associations that would be glad to assist with the match such as the longshoreman association due to the fact they need to send their trainees outside of their state. Com. Craft asked the County Attorney if they could add language in the resolution indicating the county would participate in the selection of the consultant for phase 2 along with the city of Ft. Pierce The County Attorney indicated this would be possible. Com. Lewis indicated she would agree with the resolution that was presented today, Resolution No.12-001- A. It was moved by Com. Lewis, seconded by Com. Hutchinson to approve Resolution No. 12-001-A with the added language as requested by Com. Craft, and; upon roll call, motion carried unanimously. The Chairman requested a motion for the ratification in appointing the Public Works Director as the Port Director as requested by the County Administrator. It was moved by Com. Lewis, seconded by Com. Craft for discussion. Com. Craft indicated that he did not have an issue with the appointment however he was not sure if the Board wanted to have additional discussion and they wish to bring it back at the next workshop. This is something that would normally be on the agenda. The County Administrator stated she had administratively appointed Mr. West to that position due to the time constraints in her position. Com. Craft asked if it needed to be ratified by the Board due to the fact it would also need to come back to also eliminate the appointment. Com. Hutchinson stated she was comfortable with leaving the appointment to be made at the administrative level. Com. Lewis stated she would withdraw her motion since there seems to be a consensus by the Board to handle this issue administratively. Com. Craft withdrew his second. Items 7-B; 7-E and 7-F will be heard out of order and will follow the above item. VII. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES- 4th item heard Ordinance No. 11-027 - Land Development Code Text Amendment to Class A Mobile Home Permits. Consider staff recommendation to approve to schedule the second required public hearing for March 20, 2012 at 9:00 a.m., or as soon thereafter as possible for Ordinance No. 11-027. Staff reviewed this item and advised the Board of the alternative presented. Mr. Charles Grande, Planning and Zoning member addressed the Board and indicated the P & Z Board unanimously voted against the text amendment however staffs update and alternative addresses all the objections and the P & Z Board would not have any further objections to the approval of the alternative as presented. The Board agreed with the alternative as presented by staff. It was the consensus of the Board to move forward to the second public hearing scheduled for March 20, 2012 at 9:00 a.m. or as soon thereafter as it may be heard. 4 B. COUNTYATTORNEY-1st item heard Petition for Abandonment — Petition to abandon at 10-foot Drainage/Utility/Easement along North side of Lots 35, 36, 37 and 38 and a 6-foot Drainage/Utility Easement along East side of Lot 35, all in Block 43 in River Park — Unit Five — Resolution No.12-027 Consider staff recommendation to approve Resolution No. 12-027, instruct staff to publish the Final Notice of Abandonment, record Resolution No. 12-027, Proof of Publication of the Notice of Intent to Abandon, proof of Publication of the Notice of Public Hearing, Proof of Publication of the Notice of Abandonment in the Public Records of St: Lucie County. Mr. Glen Collins, River Park resident, addressed this issue as well as the zoning change. He asked the Board to consider the fact that they feel another auto parts store will not benefit River Park and the residents would like to keep it residential. He believes this change in zoning will have a negative impact on the area. It was moved by Com. Craft, seconded by Com. Lewis, to .approve staff recommendation, and; upon roll call, motion carried unanimously. C. COUNTY ATTORNEY- 5th item heard Ordinance No.12-002 — Letter of Credit Form This is the first of two public hearings. No action is required at this time. It was moved by Com. Hutchinson, seconded by Com. Craft to move forward to the second public hearing, scheduled for March 20, 2012 at 9:00 a.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. D. PLANNING & DEVELOPMENT SERVICES- 7th item heard Thomas Recreation and Music Park, LLC — Conditional Use Permit for an Off Road Vehicle Park and Sporting/Recreational Camp Consider staff recommendation to adopt Resolution No. 12-005 granting approval of the Conditional Use Permit for five events per calendar year for five years. Staff provided a review of this item. Quasi-Judical- Commissioners Lewis, Hutchinson, Craft and Dzadovsky acknowledged having contact with the applicant and neighbors. Mr. Brad Curry, Land Design South, representing Mr. Thomas applicant for the conditional use, addressed the Board on this item. Mr. Curry advised the Board they have addressed the caracara habitat with the Environmental staff and will continue to monitor. Mr. Curry advised the Board they are requesting a modification to the conditions where the live entertainment time would be extended from 9:30 p.m. to 11:00 pm. due to the daylight hours. They will also be moving the direction of the stage away from the Aero Acres residential area. They are also proposing a no activity zone barrier and a ditch with a buffer. This area will be monitored by security and the Sheriffs office. He believes the band can continue to play and not exceed the 50 decibels rating after the 10:00 p.m. Mr. Curry stated they have staff support as well as the support of the Planning and Zoning Board and he believes they have resident support. Mr. Larry Thomas, applicant addressed the Board on his request. He advised the Board that the property owner Ms. Norvelle needed some income so that she would not have to sell her property and he needed a place to have his events so this works out well for both parties. He also advised the Board of the impact the past event had to the area businesses. The neighboring businesses all reported an increase in business during that time. Mr. Thomas presented the Board with signatures indicating support for his events. 5 Mr. Thomas addressed the Board's concerns with the problems they had in Okeechobee when they held such an event. Okeechobee since then has restricted riding of the vehicles at night. He believes if his people cannot ride their vehicles at night, it would not be worth having the events. Staff advised the Board that in their discussion with the applicant, the mud riding stops at dark, there is nothing prohibiting them from riding from one area to another, but they need to stay out of the wetland areas. Ms. Jenny Sherlock, attorney for Mr. and Mrs. Bruhn, addressed the Board and stated their opposition to the conditional use. They are aware of all the conditions that will minimize the impact and they do recognize staff has worked diligently to minimize the impact also: Ms. Sherlock addressed the definition of the two activities provided under the conditional use. She stated that Mr. and Mrs. Bruhn would not approve of the extension in time however they would support extending the time to 10:00 p.m. Ms. Sherlock addressed the Resolution and that it does not provide any enforcement. They would like language inserted that if there was a violation of any of the conditions their permit would be terminated. Com. Craft advised Ms. Sherlock that the Board has a clause regarding violations of conditions and the fact that it would come back to the Board. The County Attorney read the code and stated that every code has a revocation clause. Ms. Sherlock stated she would like for the language to be inserted in the resolution. Com. Craft stated he believed the Board did not have an issue with the resolution restating what is in the code. The ERD Director addressed the previous violations and stated they required more permanent fencing for this event and it will be inspected 14 days prior to the event. Com. Dzadovsky stated he would like to keep the time as 14 days. Staff indicated that number 23 does not have a time frame and maybe should be clarified. The ERD Director stated it is stated in their condition of approval. Ms. Sherlock requested the Board insert the cross reference into number 23 and 26. Ms. Claire Petina, resident of Aero Acres, addressed the Board in opposition to the events. They have requested the time for the event end at dusk due to the fact they have children and the noise travels. She believes there is no reason to have these events at night. Ms. Cindy Gibson, Hampton Inn Director of Sales, addressed the Board and advised them of the 2- 8% increase in residency in the area hotels during the events. Staff advised the Board the mud pit activity would end at dusk. Mr. Dick Aysier, addressed the Board and stated he lives close the area and during the last mud jam he could not hear the noise. He advised the Board he does have many trees between his property and where the event takes place. He believes the noise issue can be solved for those who have concerns. Ms. LeeAnn Adams, Adams Ranch, thanked the Board for the conditional use permit and believes it will bring good business to the county. Mr. Clayton Humphries, area resident and stated he has not been able to hear any conversations at night in the area. He believes this will continue to benefit the area. He asked those in Aero Acres if they considered what would move in should Ms. Norvelle lose her ranch. Ms. Joyce Teigh, 7000 Carlton Road resident addressed the Board and stated Ms. Norvelle deserves the help she is receiving by having these events. She advised the Board she did not hear anything while driving through the area. Mr. Andrew Bruhn, resident who was being represented by Ms. Sherlock, addressed the Board and stated he could hear the ATV's throughout the night. He stated there are 11 homes within 500 feet and 7 of the 11 homes signed the petition against the event. Mr. Bruhn addressed the various pictures he sent to the Board members from the web -site. He does not wish to have such an event in his backyard. Mr. Curt' representing the petitioner addressed the. site plan and the buffer area which will not permit camping or riding in the area adjacent to Aero Acres. A vehicle will not get any closer than 1,000 feet from Mr. Bruhn's. property. The pictures on the web are not on Mr. Thomas' web -site they are on face -book and anyone can place pictures on face -book. They have also placed a hardened barrier to keep people out of the wetland areas. Com. Hutchinson stated she had concerns with the website indicating early check in on Thursday. Mr. Curry stated the web -site has been updated and this is only for people to pick out their camp site and there will not be any overnight camping on Thursday. Com. Dzadovsky addressed the dry conditions. Mr. Thomas advised the Board he received a permit from the. South Florida Water Management District with their restrictions noted. Com. Dzadovsky asked if the applicant could pass out flyers to be good neighbors while on the property during the event. Mr. Thomas stated he is the type that pushes to be a good neighbor and he will work with the county and Aero Acres. Whatever has to be done to make it work correctly he will do. He stated he would also work with the Sheriffs department to make sure all goes accordingly. Sheriff Ken Mascara addressed the Board and stated he played a vital role in the first event and visited Okeechobee. He stated they had plenty of Sheriff personnel and Fire personnel and with an attendance of about 8-10,000 people there was only one arrest and this was due to the theft of an ATV vehicle. They have done everything possible to make sure the noise is mitigated and the Board has his commitment that they will do everything possible to make sure there are no future issues during an event. The County Attorney recapped the following: Condition A-3 where it indicated 9:30 p.m. the Board should consider whether the Board would amend it to 11:00 p.m. as per the applicant's request and also a neighbor suggested 10:00 p.m. Add a paragraph to 33, reflecting language from the Land Development Code 11.07.05h Condition 23, first sentence add "at least 14 days before each event" Also the amount of people per event, he is not sure if the Board would like to address this. Com. Craft stated he believed it should be 14 days prior to advertising the event in case there are any changes. Mr. Curry stated the 14 days are for permits. Condition 31 indicates 30 days notification. Com. Craft stated his concern was the applicant has advertised the event prior to the approval and there may be changes should something happen at a prior event. Mr. Curry indicated they believe 30 days is sufficient and with regard to the time, they would agree to 10:30 p.m. Com. Dzadovsky stated the issue of the number of people can be brought back to the Board should the Sheriffs department feel it is getting out of hand. The County Attorney stated he believes the applicant has a number in mind of how many people can attend the event. Com. Craft recommended the Sheriff make the determination if there are too many people at one event and getting to an unsafe level. 7 The County Attorney stated they could insert a condition where it.indicated the Sheriffs department will have the authority to determine if the occupancy level exceeds the public safety level or something to that affect. The County Administrator requested staff advise how condition # 3would be enforced since they do not have code enforcement on site. Staff advised they had been discussing this issue and stated if there were complaints it would be the responsibility of the applicant to prove they are within the noise levels. Mr. Thomas stated he had the name of a person who he has on notice should they receive a noise complaint to come out and measure the levels and do a report. Com. Craft asked if they could refer to the code rather than the number indicated since it may change. Staff indicated the present code number is 50 decibels. The County Attorney stated they could just say exceed noise levels as indicated on the noise ordinance or something to that affect. Com. Dzadovsky stated his position would be to go to 10:00 a.m. being a good neighbor. The County Attorney reviewed the changes. Com. Hutchinson stated she is willing to go to 10:30. p.m. due to the fact there is a willingness of the applicant to have someone measure the decibels should there be a complaint. Com. Lewis stated she had some reservations on this issue but will concur with Com. Hutchinson and felt 10:30 would be reasonable. Com. Craft stated he would support the 10:30 time however, he would like the applicant to be mindful and as it starts getting dark he adjust the sound levels to stay under the decibels required and reminded the applicant this is a conditional use. It was moved by Com. Hutchinson, seconded by Com. Craft, to approve the Conditional Use permit as amended in accordance with conditions as read by the County Attorney to include the 10:30 p.m. for the live music, and; upon roll call, motion carried unanimously. E. . PLANNING & DEVELOPMENT SERVICES-2nd item heard Land Development Code Text Amendment — Commercial, Neighborhood Zoning Consider staff recommendation to adopt Ordinance No. 12-004 (fka 11-035) granting a text amendment to the Land Development Code to add "Auto supplies (5531)" under "Retail trade" as a conditional use in the Commercial, Neighborhood (CN) Zoning District. Staff advised the Board no comments from the public have been received with the exception of the comments just made by Mr. Collins. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve staff recommendation, and;. upon roll call, motion carried unanimously. F. PLANNING & DEVELOPMENT SERVICES-3rd item heard Quasi -Judicial- Commissioners Lewis, Hutchinson, Craft and Dzadovsky acknowledged having contact with the applicant and staff. Autozone-Rezoning and Preliminary/Final Planned Non-residential Development site plan approval with a conditional use. Consider staff recommendation to adopt Resolution No. 12-002 granting a Rezoning and Preliminary/Final Planned Non-residential Development site plan approval with a conditional use for the project to be known as the Autozone PNRD. Mr. Eduardo Intriago, P.E. representing Autozone, was present to address any questions the Board may have. FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE St. Lucie County Board of County Commis MAILINGADDRESS THE BOARD. COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 2300 Virgima Avenue WHICH 1 SERVE IS A UNIT OF: CITY COUNTY ❑CrTy ®COUNTY aTHER LOCAL AGENCY Fort Pierce _ FL St. Lucie NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION IS: 2/7/12 ® ELECTIVE 171 APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to.the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the forth in the minutes. • f • f • ♦ f • R ► t f • • • „ APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE St. Lucie County Board of Count Commissi MAILING ADDRESS 2300 Virginia Avenue THE BOARD. COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: DcnY ®COUNTY OTHER LOCAL AGENCY CITY COUNTY Fort Pierce FL St. Lucie NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED 2/7/1 2 MY POSITION IS: ER ELECTIVE APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. f ♦ ♦ ♦ f ♦ APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE. MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) ners Com. Hutchinson stated they are restricted to not fixing any automobiles on the property. The applicant indicated that was correct, they would only be purchasing the supplies and no items will be stored outside the building and indicated a correction to staffs report. It was moved by Com. Craft, seconded by Com. Hutchinson, to approve staff recommendation, and; upon roll call, motion carried unanimously. REGULAR AGENDA VIII. COUNTY ATTORNEY- 6th item heard Economic Development Ad Valorem Tax Exemption = Ballot Question =November 6, 2012 Consider staff recommendation to adopt Resolution No. 12-011 and authorize the Chairman to sign the Resolution. Staff reviewed the item. It was moved by Com. Craft, seconded by Com. Hutchinson, to adopt Resolution No: 12-011, and; upon roll call, motion carried unanimously. IX. ADMINISTRATION Reinstatement of one Plans Examiner Position in the Building and.Code Regulation Division. Consider staff recommendation to approve to reinstate one Plans Examiner Position for the Building and Code Regulation Division and authorization to fund the Position from the Building Fund Reserve Account. The County Administrator addressed the Board on this item. It was moved by Com. Craft, seconded by Com. Hutchinson, to approve the reinstatement of one Plans Examiner Position, and; upon roll call, motion carried unanimously- X. ADMINISTRATION Treasure Coast Education & Research Development Authority (TCERDA) Board Staff recommends the board select one applicant from the applications submitted to fill the vacancy on the Treasure Coast Education & Research .Development Authority. Upon tally of the votes, it was the consensus of the Board to re -appoint Mr. Peter Stofella to the Treasure Coast Education, Research and Development Authority by a vote of 4-0 (Com. Mowery absent). There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court p7 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA SPECIAL MEETING Date: February 14, 2012 Convened: 9:00 a.m. Adjourned: 9:07 a.m. Commissioners Present: Chairman, Chris Dzadovsky, Tod Mowery, Paula A. Lewis, Frannie Hutchinson, Chris Craft Others Present: Faye Outlaw, County Administrator, Dan McIntyre, County Attorney, Heather Young, Asst. County Attorney, Mark Satterlee, Planning and Development Director, Don West, Public Works Director, Millie Delgado -Feliciano, Deputy Clerk 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS CONSENT AGENDA. 4. PUBLIC WORKS Engineering Division: Capron Trails Mine Consider staff recommendation to approve to schedule a public hearing to be held March 6, 2012 at 6:00 p.m. or as soon thereafter to consider the request of Capron Trails Mine to increase hours of operation. It was moved by Com. Mowery, seconded by Com. Hutchinson, to approve scheduling the public hearing for March 6, 2012 at 6:00 p.m. or as soon thereafter, and; upon roll call, motion carried unanimously. 5. PUBLIC HEARING Water Quality Division: Ordinance No. 12-010- Emergency Amendment of Flood Damage Prevention Provisions of Land Development Code. Staff recommends the Board of County Commissioners take the following action: 1. Declare the existence of an emergency due to the pending February 16, 2012 suspension of the County's eligibility for participation in the National Flood Insurance Program, determine immediate enactment of proposed Ordinance No. 12-010 is necessary, and waive the Section 125.66(2) Florida Statutes, notice requirements for adoption of proposed Ordinance No. 12-010 It was moved by Com. Craft, seconded by Com. Lewis, to approve declaring the existence of an emergency due to the pending February 16, 2012 suspension of the County's eligibility for participation in the National Flood Insurance Program, determine immediate enactment of proposed Ordinance No. 12-010, waive the Section 125.66(2) Florida Statutes, notice requirement for adoption of proposed Ordinance No. 12-010, and; upon roll call, motion carried unanimously. 1 2. Adopt proposed Ordinance No. 12-010, as drafted. It was moved by Com. Lewis, seconded by Com. Craft, to adopt proposed Ordinance No. 12-010, 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 ha AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. IV-B DATE: February 21, 2012 REGULAR [x ] PUBLIC HEARING [ J CONSENT [ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 12-028 - "NATIONAL ENGINEER'S WEEK" in St. Lucie County. BACKGROUND: Adam Schildmeier, P.E., with Creech Engineers, Inc. has requested that this Board proclaim the.week of February 19 through February 25, 2012 as "NATIONAL ENGINEER'S WEEK" in St. Lucie County, Florida. The attached Resolution No. 12-028 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adoptthe attached Resolution No. 12-028 as drafted. COMMISSION ACTION: (J APPROVED [ J DENIED [) OTHER: X Count Attorney: L� Review and Approvals [ ] y Daniel S. McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator RESOLUTION NO. 12-028 A RESOLUTION PROCLAIMING FEBRUARY 19, 2012 THROUGH FEBRUARY 25, 2012 AS "NATIONAL ENGINEER'S WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. National Engineer's Week was founded in 1951 by the National Society of Professional Engineers as an annual event to raise public awareness of engineers and their accomplishments. 2. Thousands of engineers throughout the United States will sponsor a variety of public activities from technology exhibits to student competitions during this week. 3. Engineers have used their scientific and technical knowledge and skills in creative and innovative ways to fulfill society's needs. 4. Engineers face the major technological challenges of our time - from rebuilding towns devastated by natural disasters to designing an information superhighway that will speed our country into this new century. 5. Engineers are encouraging our young math and science students to realize the practical power of their knowledge. 6. This Board believes that we will look more than ever to engineers and their knowledge and skills to meet the challenges of the future. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that this Board does hereby proclaim the week of February 19, 2012 through February 25, 2012 as "NATIONAL ENGINEER'S WEEK" in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 21' day of February, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): SUBJECT: County Attorney ITEM NO. IV-C DATE: February 21, 2012 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 12-030 - proclaiming the month of March 2012 as "TREASURE COAST BONSAI MONTH" in St. Lucie County, Florida. BACKGROUND: The Board of Trustees and staff from Heathcote Botannical Gardens, have requested that this Board proclaim the month of March 2012 as "TREASURE COAST BONSAI MONTH" in St. Lucie County, Florida. The attached Resolution No. 12-030 has been drafted for that purpose. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 12-030 as drafted. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: Daniel S. McIntyre RESOLUTION NO. 12-030 A RESOLUTION PROCLAIMING THE MONTH OF MARCH 2O12 AS "TREASURE COAST BONSAI MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Heathcote Botanical Gardens of Fort Pierce, Florida recently inaugurated the James J. Smith Bonsai Gallery. - 2. The James J. Smith Bonsai Gallery is the largest public tropical Bonsai display in the United States, featuring over 100 bonsai in a unique and serene setting. 3. Heathcote Botanical Gardens and the James J. Smith Bonsai Gallery provide a significant tourist attraction for visitors to St. Lucie County and the entire Treasure Coast. 4. The James J. Smith Bonsai Gallery exemplifies cross cultural understanding and unique educational opportunities in our community. 5. The James J. Smith Bonsai Gallery celebrates the continuing friendship and enduring support of the Treasure Coast horticultural community and Heathcote Botanical Gardens. 6. The month of March 2012 marks the "First Annual Bonsai Festival and Plant Sale" at Heathcote Botanical Gardens in Fort Pierce, Florida. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of March 2012, as "Treasure Coast Bonsai Month" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to take part in the "First Annual Bonsai Festival and Plant Sale" at Heathcote Botanical Gardens March 3-4, 2012. PASSED AND DULY ADOPTED this 21s` day of February, 2012. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY A AGENDA REQUEST ITEM NO. IV-D DATE: February 21, 2012 REGULAR[x] PUBLIC HEARING [ ] CONSENT.[ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 12-037 - "INTERNATIONAL WALK TO SCHOOL DAY" in St. Lucie County, Florida. BACKGROUND: Teresa Lane, Treasure Coast -Outreach Coordinator with South Florida Commuter Services, has requested that this Board proclaim March 2, 2012 as "INTERNATIONAL WALK TO SCHOOL DAY" in St. Lucie County, Florida. The attached Resolution No. 12- 037 has been drafted for that purpose. RECOMMENDATION: Staff recommends that this Board adoptthe attached Resolution No. 12-037 as drafted. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: [X] County Attorney: Daniel S. McIntyre Review and Approvals CONCURRENCE: Faye W. Outlaw, MPA County Administrator RESOLUTION NO. 12-037 A RESOLUTION PROCLAIMING MARCH 2, 2012 AS "INTERNATIONAL WALK TO SCHOOL DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Hundreds of children could be saved each year if communities take steps to make pedestrian safety a priority. 2. A lack of physical activity plays a leading role in rising rates of obesity, diabetes and other health problems among children and being able to walk or bicycle to school offers an opportunity to build activity into daily routine. 3. Driving students to school by private vehicle contributes to traffic congestion and air pollution. 4. An important role for parents and caregivers is to teach children about pedestrian safety and become aware of the difficulties and dangers that children face on their trip to school each day and the health and environmental risks related to physical inactivity and air pollution. 5. Community leaders and parents can determine the "walkability" of their community by using a walkability checklist. 6. Community members and leaders should make a plan to make immediate changes to enable children to safely walk and bicycle in our communities and develop a list of suggestions for improvements that can be done over time. 7. Children, parents and community leaders around the world are joining together to walk to school and evaluate walking and bicycling conditions in their communities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim March 2, 2012, as "INTERNATIONAL WALK TO SCHOOL DAY" in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 21" day of February, 2012. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-61 DATE: February 21, 2012 REGULAR[] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Barbieri Assistant County Attorney SUBJECT: Permission to file suit against the owners of the following five (5) parcels located in St. Lucie County for failure to pay impact fees: Permit #0641340 - 529 NW Prima Vista Blvd., Port St. Lucie, FL Permit #0704705 - 1702 SW Janette Avenue, Port St. Lucie, FL Permit #0703101- 1761 Del Rio Blvd., Port St. Lucie, FL Permit #0700093 - 168 SW Oakridge Drive, Port St. Lucie, FL Permit #0641987 - 6988 NW Hartney Way, Port St. Lucie, FL BACKGROUND: See CA No. 12-0111 PREVIOUS ACTION: Permission to File Suit(s) .on any Unpaid Impact Fees was granted by the Board on February 23, 2009. RECOMMENDATION CONCLUSION: Staff recommends that the Board authorize the County Attorney's Office to file suit against owners of the five (5) referenced parcels located in St. Lucie County for failure to pay impact fees. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ J OTHER: X Count Attorney:—Nx� [] Y 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: 12-0111 DATE: February 21, 2012 SUBJECT: Permission to file suit against the owners of the following five (5) parcels located in St. Lucie County for failure to pay impact fees: Permit #0641340 - 529 NW Prima Vista Blvd., Port St. Lucie, FL Permit #0704705 -1702 SW Janette Avenue, Port St. Lucie, FL Permit #0703101 - 1761 Del Rio Blvd., Port St. Lucie, FL Permit #0700093 -168 SW Oakridge Drive, Port St. Lucie, FL Permit #0641987 - 6988 NW Hartney Way, Port St. Lucie, FL BACKGROUND: St. Lucie County has adopted ordinances establishing impact fees so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide public buildings, roads and parks in St. Lucie County. On Septem ber 6, 2005, the Board of County Commissioners approved Ordinance No. 05-030 which provided for an alternative method for collection of impact fees for public buildings, roads and parks. The alternative collection mechanism provided for the County to serve an Impact Fee Statement notice upon the Fee Payer. If the impact fees were not paid and became delinquent, the County served a Notice of Lien upon the Fee Payer and the Owner. The Notice of Lien advised that upon failure to pay the impact fees, the County would record a Claim of Lien with the Clerk of the Circuit Court. Once recorded, the Claim of Lien constituted a lien against the property. On February 24, 2009, the Board of County Commissioners granted permission for the County. Attorney to file suit to foreclose said lien(s). The County Attorney's Office began the suit procedure by sending letters, since March of 2009, to the property owners reminding them of their obligation to pay the impact fees. As of this date, seven hundred thirty-five thousand, three hundred eighty-five and 91/100 ($793,602.91) has been collected by the County as a result of these efforts. In addition, fourteen property owners have been approved for Impact Fee Payment. Agreements and are currently making payments towards their delinquent impact fees or have paid them` in full. The following parcels are a portion of those that were sent letters and have either not responded or have indicated that they will not pay the impact fees.: They are: Permit #0641340 - 529 NW Prima Vista Blvd., Port St. Lucie - a certified letter was sent to the property owners on June 24, 2009 giving them 30 days to pay the lien. On September 4, 2009, the County Administrator agreed to waive the interest and fees on this lien in the amount of $14,283.00 if the fees were paid within 30 days or if a payment plan agreement was entered into within thirty (30) days of that date. The county had no further communication from the owner. On March 17, 2011, the County sent a Notice requesting payment or a Complaint would be filed within thirty days from the date received. In May of 2011, the County was contacted by the Owner's attorney. The County had no further communication from the owner. In September 2011, the County sent a Notice requesting payment or a Complaint would be filed within thirty days' from the date received. There has been no further communication from the owner or his attorney. Permit #0704705 -1702 SW Janette Avenue, Port St. Lucie, FL - a certified letter was sent to the property owner on June 24, 2009 giving her 30 days to pay the lien. The owner contacted this office on April 6, 2011 requesting a waiver of interest and fees and permission to enter into an impact fee payment agreement. An Agreement was entered into. On August 24, 2011, the County notified the owner that payments were overdue and if not paid, a Complaint would be filed. The owner made payment on August 25, 2011. No payments have been made since that date. Permit #0703101 - 1761 Del Rio Blvd., Port St. Lucie, FL - a certified letter was sent to the property owners on July 10, 2009 giving them 30 days to pay the lien. There has been communication with the title company involved in the sale of this propertyto the current owners, but no communication with the owner. Permit #0700093 - 168 SW Oakridge Drive., Port St. Lucie - a certified letter was sent to the property owners on June 24, 2009 giving them 30 days to pay the lien. On June 30, 2009, the letter was noted as "delivered". The County had no further communication from the owner. On April 4, 2011, the County sent a Notice requesting payment or a Complaiiri would be filed within thirty days from the date received. The Notice was sent back as "unclaimed". Permit #0641987 - 6988 NW Hartney Way, Port St. Lucie, FL - a certified letter was sent to the property owners on June 24, 2009 giving them 30 days to pay the lien. On July 9, 2009, the letter was noted as "delivered". The County had no further communication from the owner. Court records indicate a mortgage foreclosure was filed against the owner of this property on January 24, 2008 and it is still an open case. RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize the County Attorney's Office to file suit against owners of the five (5) referenced parcels located in St. Lucie County for failure to pay impact fees. KMS/cb Attachment I:\CB H Drive\Agend6Memo-KB-ImpactFees-Foreclosures-2-21-12.wpd Respectfully submitted, Katherine Barbieri Assistant County Attorney J AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Revocable License Agreement James Walukiewicz Jenkins Park Avenue BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: ITEM NO: VI-B-2 DATE: February 21, 2012 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT[XI PRESENTED BY: JoAnn Riley Property Acquisition Manager RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct James Walukiewicz to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER Faye W. Outlaw, MPA County Administrator [x] County Attorney: a - Daniel McIntyre [x] Originating Dept: JoAnn Riley Review and Approvals 1 ;� [x] Road and Bridge: �� [x] Public Works: Don Pauley Don Wes [x] Engineering: Wr [x] County Surveyor: Mike Powley Ron Harris S:\ACQ\WP\Janet\Licenseagree\Jenkins Park AvMgenda.doc 0 PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE February 21, 2012 SUBJECT: Revocable License Agreement James Walukiewicz Jenkins Park Avenue BACKGROUND: Mr. Walukiewicz requests a Revocable License Agreement to park his boat on 10 feet of a County right-of-way known as Jenkins Park Avenue. Mr. Walukiewicz's side property line is along Jenkins Park Avenue that dead -ends into a Florida Power and Light Easement. The Board previously approved a Revocable License Agreement with Mr. and Mrs. Pfeiffer to keep their boats at the same location. Mr. Walukiewicz will use 10 feet of the same right-of-way to park his boat. The boat shall remain registered and comply with all codes and not cause an eye sore to the surrounding neighbors. Upon any complaint, the County, in its sole discretion, may terminate the Revocable License Agreement upon fifteen (15) days written notice. RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct James Walukiewicz to record the Revocable License Agreement in the Public Records of 5t. Lucie County, Florida. Respectfully submitted, Vv� JoAnn Riley Property Acquisition Manager 5:\ACQ\WP\Janet\Licenseagree\Jenkins Park Ave Waluklewicz\MEMO to Commissioners.wpd 6 . Jenkins Park Avenue N Q Parcel 2312-414-0027-100/1 E ® 10 feet wide W-*S rn CC 10 ft:--C Jenkins Park Ave u 9 C." OC7 7 2(p , /XA k.1 /e o G.► ,� rsS� o �, v �� god N This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of 2012, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the County) and JAMES J. WALUKIEWICZ, whose address is 2930 Yates Road, Fort Pierce, FL 34981 (the Owner). WHEREAS, the County owns and maintains the right-of:way known as Jenkins Park Avenue in Section 12, Township 35S, Range 39E. WHEREAS, the Owner owns property located at 397 Kaye Street, Fort Pierce, FL, Parcel ID 2312-414-0027-100/1, WHEREAS, the Owner is requesting to park his boat (1) in a 10-foot strip along his south property line in the right-of-way known as Jenkins Park Avenue. See attached Exhibit "A". WHEREAS, the County is willing to permit the Owner to use a 10-foot strip of Jenkins Park Avenue, adjacent to his south property line, to park his boat (1), subject to the terms and conditions set forth in this Revocable License Agreement, NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owner a Revocable License Agreement for the purpose of parking his boat (1) and maintaining the area around the boat (1) on 10-feet of the right-of-way adjacent to his south property line along Jenkins Park Avenue, as indicated on the 1 attached map and incorporated herein as Exhibit "A". The boat (1) will be placed on County property at a location shown in Exhibit "A" and shall extend only to the boat (1) and in this 10- feet strip on Jenkins Park Avenue location. 2. The sole purpose of this Revocable License Agreement is to allow the Owner to park his boat (1) and maintain the area around the boat (1) on a 10-feet strip of right-of-way on Jenkins Park Avenue along his south property line. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner to park the boat (1) and maintain the area around the boat (1) only in the 10-foot location identified in Exhibit "A". . 4. The Owner shall have the boat (1) registered, comply with all codes and not cause an eye sore to the surrounding neighbors. 5. This Revocable License Agreement is not transferrable to future owners of the property. 6. The County shall have the right, at the sole discretion of the County Engineer or Building and Code Regulation Manager, to terminate this Agreement with or without cause and require removal of the boat (1) at the Owner's sole expense upon fifteen (15) days written notice to the Owner. The County Engineer or Building and Code Regulation Manager may, in lieu of termination, request that the Owner perform certain alterations to the boat (1) and location of the boat (1) in the right-of-way shown on Exhibit "A" at the Owner's sole expense. However, if such alterations are not performed to the satisfaction of the County Engineer or Building and Code Regulation Manager, the County shall be entitled to exercise its right to terminate this Agreement. V 7. Upon the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal of the boat (1) and restoration of the right-of-way and/or property as directed by the County Engineer or Building and Code Regulation Manager, consistent with the specifications of the County in force at such time. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate the referenced boat (1), at any time and at no cost to the County, if necessary for the maintenance or improvements of the right-of-way and or County property. 10. The boat (1) on the County's property shall be .licensed in accordance with all applicable codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance activity will be subject to the written approval of the County Engineer or Building and Code Regulation Manager. 11. The Owner agrees to allow County employees access to the location of the boat (1) for County purposes as determined by the County Engineer or Building and Code Regulation Manager. 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: 3 As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 As to. Owner: James J. Walukiewicz 2930 Yates Road Fort Pierce, FL 34981 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. As consideration for the County granting this Revocable License Agreement the Owner agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Owner's use of the property. 14. The Owner shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. 4 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: DEPUTY CLERK WITNESSES: STATE OF~--� COUNTY OF 7116 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY The foregoing instrument was acknowledged before me this a 5 day of 2012, by JAMES J. WALUKIEWICZ, who produced dA� Vp v d &.L---,0—(type of identification) and who did take an oath. WITNESS my hand and official seal, this�day of 2012. NOTARY PUBLIC -STATE OF FLORIDA Leila M. Troncoso My commission expires: ,,0-J Commission # EE112753 Signature of Notary Public •.,. Expires: NLY 17, 2015 BONDED nMU AnANnCBONDINGC0.,WC, r+� Exhibit Jenkins Park Avenue Q Parcel 2312-414-0027-100/1 10 feet wide �u 1< rn CD 10 ft-- --[ Jenkins Park Ave N u E s 0 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO: VI-B-3 DATE: February 21, 2012 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT[X] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: After the Fact Revocable License Agreement For a Fence Jessie and Leslie Pfeiffer 5865 Jenkins Park Avenue BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the After the Fact Revocable License Agreement, authorize the Chairman to sign the After the Fact Revocable License Agreement and direct Jessie and Leslie Pfeiffer to record the After the Fact Revocable License Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER [x] County Attorney: Daniel McIntyre [x] Originating Dept: J-r^(L JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [x] Road and Bridge: [x] Public Works: Don Pauley Don Wes [x] Engineering:[x] County Surveyor: x4l�/ Mike Powley Ron Harris S:\ACQ\WP\Janet\Licenseagree\Jenkins Park Ave-Pfeiffer-fence\Agenda.doc PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: February 21, 2012 SUBJECT: After the Fact Revocable License Agreement For a fence Jessie and Leslie Pfeiffer 5865 Jenkins Park Avenue BACKGROUND: Mr. and Mrs. Pfeiffer requested an After the Fact Revocable License Agreement to keep their fence in its present location within a portion of a County right-of-way known as Jenkins Park Avenue. Mr. and Mrs. Pfeiffer live at the end of Jenkins Park Avenue which dead -ends into a Florida Power and Light Easement. There are no other homes located West of their home. When Mr. and Mrs. Pfeiffer purchased the house 27 years ago, the fence was in its present location. Mr. and Mrs. Pfeiffer replaced the fence in the some location after the hurricanes knocked it over and hopefully it can remain. RECOMMENDATION: Staff recommends that the Board approve the After the Fact Revocable License Agreement, authorize the Chairman to sign the After the Fact Revocable License Agreement and direct Jessie and Leslie Pfeiffer to record the After the Fact Revocable License Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, Jot" JoAnn Riley 14 Property Acquisition Manager qr LIU IA ,.� .s t ,�; . .tom 4� • ; -:<`� � a " a, 6 1. .GYP I� 4� %� �# '@° � •'i_ `F Y'� 1 ) d � �a •1 f ; - '>i jai-3�" ,...rl^ - ___ e tr t • r i 1 � e This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 AFTER THE FACT REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of 2012, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the County) and JESSE AND LESLIE PFEIFFER, whose address is 5865 Jenkins Park Avenue, Fort Pierce, FL 34947-1534 (the Owners). WHEREAS, the County owns and maintains the right-of-way known as Jenkins Park Avenue in Section 12, Township 35S, Range 39E. WHEREAS, the Owners are requesting to keep their fence at the present location in a portion of the right-of-way known as Jenkins Park Avenue. See attached Exhibit "A". WHEREAS, the County is willing to permit the Owners to use a portion of Jenkins Park Avenue to keep their fence and maintain the right-of-way around the fence, subject to the terms and conditions set forth in this After the Fact Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owners an After the Fact Revocable License Agreement for the purpose of keeping their fence in the present location and maintaining the area around the fence on the right-of-way of Jenkins Park Avenue, as indicated on the attached map and incorporated herein as Exhibit "A". The fence will be kept on County property at the present location shown in Exhibit "A" and shall not extend any further in the right-of-way of Jenkins 1 Park Avenue at this location. 2. The sole purpose of this After the Fact Revocable License Agreement is to allow the Owners to keep their fence and maintain the area around the fence in the right-of-way of Jenkins Park Avenue in front of their house and shall not extend to the construction and/or installation ,of any additional structures or utilities. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owners to keep the fence and maintain the area around the fence at the present location identified in Exhibit "A".. 4. The Owners shall maintain the fence in accordance with Standard Specification for Public works Construction in St. Lucie County. The fence shall not interfere with County use of the right-of-way and, any damage to the County right-of-way shall be repaired by the Owner. 5. This After the Fact Revocable License Agreement is not transferrable to future owners of the property. 6. The County shall have the right, at the sole discretion of the County Engineer or Building and Code Regulation Manager, to terminate this Agreement with or without cause and require removal of the fence at the Owner's sole expense upon thirty (30) days written notice to the Owners. The County Engineer or Building and Code Regulation Manager may, in lieu of termination, request that the Owners perform certain alterations to the fence and location in the right-of-way mentioned in Exhibit "A" at the Owner's sole expense. However, if such alterations are not performed to the satisfaction of the County Engineer or Building and Code Regulation Manager, the County shall be entitled to exercise its right to terminate this Agreement. 0) 7. Upon the expiration of this After the Fact Revocable License Agreement, or the revocation of this After the Fact Revocable License Agreement, whichever occurs first, the Owners shall be responsible for the removal of the fence and restoration of the right-of-way and/or property as directed by the County Engineer or Building and Code Regulation Manager, consistent with the specifications of the County in force at such time. 8. The term of this After the Fact Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. Owners agree to relocate the referenced fence, at any time and at no cost to the County, if necessary for the maintenance or improvements of the right-of-way and or County property. 10. The fence on the County's property shall be in accordance with all applicable codes and permitting regulations of the County and shall be maintained solely at the expense of the Owners. Any maintenance activity will be subject to the written approval of the County Engineer or Building and Code Regulation Manager. 11. The Owners agrees to allow County employees access to the location of the fence for County purposes as determined by the County Engineer or Building and Code Regulation Manager. 12. All notices; request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: 3 As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 As to Owners: Jesse and Leslie Pfeiffer 5865 Jenkins Park Avenue Fort Pierce, FL 34947-1534 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. As consideration for the County granting this After the Fact Revocable License Agreement the Owners agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Owner's use of the property. 14. The Owners shall promptly record this After the Fact Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owners shall pay any document excise- taxes and the cost of recording this After the Fact Revocable License Agreement. 4 IN WITNESS WHEREOF, the parties'have executed this Agreement on the day and year above'first written. } ATTEST: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: LENL1E Y. PFEIFFER STATE OF _ COUNTY OF- 374-oS (ram , The foregoing instrument was acknowledged before me this day of F-'-Iu~ 2012, by JESSE J. PFEIFFER and LESLIE Y. PFEIFFE who produced L; . (type of identification) and who did take an oath. WITNESS my hand and official seal, this _ day of C�'>R CC, '`12012. X My commission expires: S' �' atare of Notary Public JACK HEBERT NOTARY+PUSUC 5 STATE OF PLONDA . Comm# EE090685 Expires 9/1/2015 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney ITEM NO. VI-B-4 DATE: February 21, 2012 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: JoAnn Riley Property Acquisition Manager SUBJECT: Contract for Sale and Purchase Midway Road Improvements Four-Laning of Midway Road from Selvitz Road East to South 25th Street Elio J. Hernandez -Parcel 3406-501-0028-000/5 (portion) BACKGROUND FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION COMMISSION ACTION: [ ]APPROVED [ ] OTHER [x] County Attorneyt Daniel McIntyre [x] Originating Dept: Jwl" - JoAnn Riley Please see attached Memorandum Funds will be made available in: Impact Fees - Right -of -Way 101006-4116-563007-4118 Impact Fees - Title 101006-4116-561002-4118 April 11, 2006 - Agreement with H.W. Lochner, Inc. for design and permitting Four-Lanning of Midway Road from East of Turnpike Bridge to South 25th Street Staff recommends the Board approve the Contract for Sale and Purchase from Elio J. Hernandez, 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. [ ] DENIED Review and Approvals [x] Engineering: Michael Powley [x] County Surveyor: Ron Harris CONCURRENCE: Faye W. Outlaw, MPA County Administrator [x] Public Works: Don West T T- PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE IFebruary 21, 2012 SUBJECT: Contract for Sale and Purchase Midway Road Improvements Four-Laning of Midway Road from Selvitz Road East to South 25th Street Elio J. Hernandez - Parcel 3406-501-0028-000/5 (portion) BACKGROUND: St. Lucie County is in the process of a Road Improvement Project to widen Midway Road. from Selvitz Road East to South 25th Street. The proposed design for Midway Road is a four (4) lane divided urban section with a 6' sidewalk on the north side and a 12' multi -use path on the south side and the design for Selvitz Road is a four (4) lane divided urban section with a 12' multi -use path on the west side to approximately Favorite Road. The footprint for Midway Road will need to accommodate in the future two additional lanes in accordance with St. Lucie County's Long Range Transportation Plan. The project will need road right-of-way on Midway Road and Selvitz Road. Appraisals were prepared by the County's independent appraiser Fuller-Armfield-Wagner. The appraised value and cost to cure, if any, was accepted by Elio J. Hernandez for $10,500.00, for a portion of his parcel. RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from Elio J. Hernandez, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. Respectfully submitted, acw� Ann Riley Property Acquisition Manager zQ N 1S H19Z S 1S H15Z S o N M LL d J OO z W W 0CL z Q) � Q 42]-N3SN3E)' o O U (U O O U U H cn s s IW ail N3SN31SIHHO -� wz(D CO) a) N ^L LL 4— i O N +� � fY 4b NNn(i ab:NNn(i-MN z w � U N c0. � O 0- N1N NEWARK.L"N N OU ZlIA13S C121 Z1 In"13S MN iQ E 0 > W M V,,03U-MN W O Zj L xa^- yy .-�...— (d) AVEI (A) •atl"3l ltlOnYd). U �Yr1:i'.11•« ,es wb�w,.� in RIA kY_ ,<•, E o � 9$ ti W.•y- x� - Is • � 1 � 5 W E gYuB �� � n�•_- N Y In tl Iiwii6» °ii'i �i f/).00•SL ro' a --- �i ' 161.1(.6tN Fij�.dd;o E � � r Ne __-_ i>i.ol •ws ._-_ _- �r�l III �ieY 3 w >'61 jai r Aiow:�P wl�. bMtr p awd •r` It �j- - �'^ ,w - - � 1 a s, oN s� um a . w .oi:ii"•'s zu 1@;;m el In INS 11 1 j sa= gSrc S„ I: ivypp n zo S' P: _. 3 ��'Via^ p3p42x2q O `�8^N �i. `d<.,. �9 6w•'a•.�sii fig. • 8 k' a Y in' Yi w F i � L'� ✓:' k' ^Ei i 6 r Y n .o•6i .y' • b "i: R^ Idag"g-'^ " �a t •. . . . . . • . . . . h0®a lima i i ry oI �;LLI r 1Y.16.69N YAZ In �092.0[9Y6 MMppll>l t,� dM 1]Atlllt r[ •wv •• •1nv lw„'v () '9'N't tl]d Wx .0/ y a 11� m, wwlllroi yyy __ . 4e.Ns.']u...: _._-..�6Y.oi�at _.., .._ �....... YOM AYA101W._._.1lt•9c:n(.................... wiw uw oNuwn-�- � � iEwo i'+ o .0i9c si. ---__'_-2. '--•-•�.___.�-_ Fg y �k b`kk EkS9>paaEb 3dY 1 ziplf li` iw�vd� i tinbie vlwSoYQ y i i •' i i i �S ia"•- �•'- 60.99.I1i lt•>•d "Al Sw "i 03l3Y19 OBM 9•d l3( � � • • • . • . . • • • - 16•(t•112 •119 •1•d 03dnYtt 09x�Ibl�d 1]t Aso « NH JdddJ � x m " r - •v9 oolob"•ossv stlnsannSx"9Y..r. 'Otl >• m . 1YM01N 13Atl1K x YtlWx� 1t•oo.bu 'rlt •t •o•d W R y$�6E€�oa$. Z w $ w z - w u LL Z • fC F W tl kyy 'j:4 o "•'= a a IE k• "iEk,B S •milk �. " E"o p :$x a ma `s :' 8k _ mz ! 3S Y•S Y - &Htaz •pEp:k 4YE..W'�'-W�". y#g" mYyys W EE^8 G. a ")y 'h 8: 3wkems y Y.•F873�Em kd 8` Ed, 1YWy t 8� .� 8"ffi'^$Sfx 6 G =gg! " figs d"-a yy9 @"k - 8•- tlbQ@p'e 43` tl g6E g�a E8 81:k"e5 p.@_ O :oEBc§�H'4-'Ea Wq <y�514;'Sg.! Y �Nffe l/3 a �y 9�9Ctl ffi I P 'W"3yok8i 8 H �aS87Y"7'.� EkE< 8' W "€otld r d& W k•"d." g ]• B! Arl: d"o8d Wky"=� ' L'7':k 4 O SNIH N W $ ��= °_ E1^yao1� Iiw;w 46, H oil. . ••� �yW ac'8 q - ikk. M 0 9":: k�' k k � k'. yq� �9 � W_E8� k�ba WC uY W 8S'k3.j'..kj i� �`_ y �`�"�"� �E'!r r _ ppb8�w.. kW S�E 8�W O 24- S M EW O a� a-- € "e o E.^-�: bW $ �. 91: a � >- �:E`�:ks a•<a�b �=s-r""����" <€ W q Wffik:3g °nW' tffd "m = ES IyW'DWR�Sd.k,��.a -sgyya y-"� H. • II 3 7m� Om WG� m (.� : Y i4".%Yk �:kg3edE:d:k = gON �_gg: W�8 Y��W� ' I W _k� "b'<or.GBe YW' S„Sk'SE " 3tlH AN., ��gEil� �:a tl SWs.W.b ��8•_� �s 3 -° w•asooa, e.N nu PROJECT NAME: Midway Road Improvements PARCEL: Elio J Hernandez- Parcel 3406-501-0028-000/5(portion) CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this day of , 2012, ELIO J. HERNANDEZ, an unremarried widower, whose mailing address is 4861 Selvitz Road, Fort Pierce, FL 34981-4808 hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia` Avenue, Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County -of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price Ten Thousand, Five Hundred 00/100 Dollars, determined to be the rounded total of the following: $10,500.00 Real Property Parcel 1.D.3406-501-0028-000/5 (portion of) $4,200.00 Other Improvements upon the Land (Exhibit "B") (rounded to) $6,300.00 County will replace, at the County's expense driveway and culverts located within right-of-way. payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying the subject real property to PURCHASER. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing .mortgage shall be borne by PURCHASER. 1 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 deliver to 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 for the day of closing shall belong to and be borne by the SELLER. t 7. RISK OF LOSS. SELLER assumes risk of any and allloss 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 April 30, 2012 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 ofthe-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 5 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 Agreernent 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. 6 IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. A EXECUTED by SELLER this, day of rlG.i'nun v-y ; 2012. Witness ELIO J. HERNAN E Witness STATE OF re. i p A - COUNTY OF sT tar i`e7" The foregoing, instrument was acknowledged before me this ' day of J6rly&(r ` , 2012, by ELIO J. HERNANDEZ, who is�personally known to me or who has roduced a drivers license issued p s ed within the last five years as identification. N O a '�,y MARIA C. SM My Commission Expires Notary POW - State of Florida y rr My Comm. Expires Apr 5, 2015 ..f (Print e •, ped Name of Notary Public) EXECUTED by PURCHASER this clay of .2012 ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY EXHIBIT "A'` Parcel I.D. 3406-501-0028-000/5(portion of) LEGAL DESCRIPTION: THAT PART OF: "THE SOUTH 150 FEET OF THE NORTH 450 FEET OF LOT 16 OF THE NORTHEAST 1/4, MODEL LAND COMPANY SUBDIVISION OF SECTION 6, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, ,FLORIDA, RECORDED IN PLAT BOOK 4, PAGE.34, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA." (SAID PROPERTY BEING A PORTION OF THE SAME LANDS DESCRIBED IN OFFICIAL : RECORDS BOOK 2770, PAGE 468 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY,. FLORIDA). DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND RAILROAD SPIKE IN A PAVEMENT CUT-OUT MARKING THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP 36 SOUTH, RANGE 40 EAST; THENCE RUN SOUTH 00009'07" EAST ALONG THE EAST LINE OF SAID SECTION 6, ALSO BEING THE CENTERLINE OF SURVEY OF SELVITZ ROAD AS SHOWN ON ST. LUCIE COUNTY RIGHT OF WAY MAP FOR MIDWAY ROAD, COUNTY JOB NUMBER 0618, A DISTANCE OF 1658.06 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 150.00 FEET OF THE NORTH 450.00 FEET OF SAID LOT 16; THENCE DEPARTING SAID EAST LINE AND SAID CENTERLINE OF SURVEY RUN SOUTH 89057'49" WEST ALONG SAID NORTH LINE A DISTANCE OF 50.00 FEET TO A POINT ON THE EXISTING WEST RIGHT OF WAY LINE OF SAID SELVITZ ROAD AS SHOWN ON SAID RIGHT OF WAY MAP FORA POINT OF BEGINNING; THENCE DEPARTING SAID NORTH LINE RUN SOUTH 00009'07" EAST ALONG SAID EXISTING WEST RIGHT OF WAY LINE A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 450.00 FEET OF SAID LOT 16; THENCE DEPARTING SAID EXISTING WEST RIGHT OF WAY LINE RUN SOUTH 89057'49" WEST ALONG SAID SOUTH LINE A DISTANCE OF 25.00 FEET; THENCE DEPARTING SAID SOUTH LINE RUN NORTH 00009'07" WEST PARALLEL WITH THE AFORESAID EAST LINE OF SECTION 6 AND CENTERLINE, OF SURVEY OF SELVITZ ROAD A DISTANCE OF 150.00 FEET TO A POINT ON THE AFORESAID NORTH LINE OF THE SOUTH 150.00 FEET OF THE NORTH 450.00 FEET OF SAID LOT 16; THENCE RUN NORTH 89°57'49" EAST ALONG SAID NORTH LINE A DISTANCE OF 25.00 FEET TO A POINT ON THE AFORESAID EXISTING WEST RIGHT OF WAY LINE OF SELVITZ ROAD AND THE POINT OF BEGINNING., CONTAINING 3750 SQUARE FEET, MORE OR LESS. 8 EXHIBIT "B" Cost to Replace Site Improvements and Acquisition of Property 159 linear feet of wire fence gate $ 500.00 1-metsal gate with gate opener $ 800.00 Electric Service to gate $ 300.00 400+/- square feet of concrete driveway $ 750.00 3,300+1- square feet of sod $ 500.00 Total contributory/depreciated value of site Improvements $ 2,850.00 Replacement cost or cost to cure $ 37300.00 Value of site, = $49,000 per ac x 0.086ac.=$4,200. (Rounded) $4,200.00 (Rounded up) Total $10,500.00, Within the existing right-of-way to the street pavement there is a poured concrete driveway and a 30+/-feet x 16 inch culvert - these items are to be replaced by St. Lucie county thus not included in the taking of compensation. 9 10 12 13 i AGENDA REQUEST ITEM NO. Vi-B.5 DATE: February 21, 2012 REGULAR [] PUBLIC HEARING [J CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Interlocal Agreement with Town of St. Lucie Village - Solid Waste Disposal BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: See attached memorandum Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Daniel S. McIntyre Originating Dept. Solid Waste Mgr.: Pt County Eng.: Ron Roberts Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 12-0141 DATE: February 3, 2012 SUBJECT: Interlocal Agreement with Town of St. Lucie Village -Solid Waste Disposal BACKGROUND: Attached is a copy of a proposed interlocal agreement with the Town of St. Lucie Village. Under the terms of the Agreement, the Village would agree to deliver or cause to be delivered all of the Village's municipally collected solid waste to the County's Glades Road Landfill for a period of ten (10) years from October 1, 2011 until September 30, 2021. The Agreement will automatically renew for an additional ten (10)years until September 30, 2031. The County would agree that the Per Ton Fee for Class I solid waste would not exceed $41.00 per ton and for Commercial and Demolition Debris would not exceed $29.00 per ton during the first five years of the Agreement. The County would also share revenue with the Village in accordance with Section 4.4. The initial advance payment to the Village is proposed to be $2,000.00 and this amount ($2,000.00) would also be the minimum annual payment during the term of the agreement. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. Respectfully submitted, Daniel S. McIntyre DSM/caf Attachment INTERLOCAL AGREEMENT BETWEEN ST. LUCIE COUNTY AND TOWN OF ST. LUCIE VILLAGE THIS INTERLOCAL AGREEMENT ("Agreement") shall be effective on the 1" day of October, 2011(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 TOWN OF ST. LUCIE VILLAGE, a Florida municipal corporation, having an office and place of business at 2841 N. Old Dixie Highway, Fort Pierce, Florida 34946 (hereinafter referred to as the "Village"). WITNESSETH: WHEREAS, the County and the Village (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 Village; and WHEREAS, the County and the Village 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 Village; and WHEREAS, the Village wishes to use the County's System for the management and disposal of the Village's solid waste; WHEREAS, the Village is willing to deliver its solid waste to the County's System, and the County is willing to accept the Village'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 S:VtTTYVIGREEMNT\INTERLOC\Village•Solid W asteDisposal.wpd -1- between a definition contained herein and any other definition, the definitions contained herein shall control when construing this Agreement. 1.1 "Class I Solid Waste" shall mean all non -hazardous solid waste that may be lawfully placed in a Class I Landfill for disposal, except yard trash, construction and demolition debris, white goods, tires, septage, and special waste. Class 1 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 theconstruction ordemolition 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 Village and collected by (a) the Village's employees, (b) a person under contract to the Village for the collection of such waste, or (c) a person holding a franchise, license, or permit issued by the Village 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. S:\ATTY\AGREEMNT\INTERLOC\Village-SolidWasteDisposal.wpd -2- 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. 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 Village, then the County agrees not to charge the Village or its residents for those costs, unless the costs are borne by all residents of the County, as appropriate. ARTICLE II Reserved. ARTICLE III COUNTY UNDERTAKINGS AND Village DELIVERIES TO THE SYSTEM 3.1 Commitment to Accept Solid Waste and Limitation on Fees. Inconsideration of the Village'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 Village for the Per Ton Fees described in Article 4, below. S.\ATTY\AGREEMNT\INTERLO[\Village-SolidWasteDisposal.wpd -3 3.2 Commitment to Deliver. In consideration of County's agreement to maintain capacity in its System to accommodate the Village's Municipally Collected Solid Waste, the Village agrees that, commencing on the Effective Date of this Agreement and continuing for the term of this Agreement, the Village will deliver, or cause to be delivered, all of its Municipally Collected Solid Waste to the Point of Entry into the System, and the Village 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. The Village shall encourage all haulers 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 Village's Franchisee or Permittee. Commencing on the Effective Date of this Agreement and continuing forthe term of this Agreement, the Village shall cooperate with the County and use its best efforts to ensure that the Village's franchisee or permittee shall pay on a monthly basis the then current PerTon Fee charged to the Village's franchisee for all solid waste delivered to the Point of Entry into the System. The PerTon Fee shall be determined annually by the County in accordance with the criteria set forth below. 4.2 Basis of Fees for the Village. 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 of the 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 thatthe PerTon Fee forthe disposal of the Village'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 1— 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 Village's Municipally Collected Solid Waste, including the Village'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 S:BATTY\AGREEMNT\INTERLOC\Village-SolidWasteDisposal.wpd -4- 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 Village 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 Village 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 Village and its agents. The Revenue Sharing Payment shall be delivered to the Village annually in October of each year. 4.5 Advance Payments. As consideration for entering into this Agreement, the County shall pay and the Village shall receive an advance payment ofTwoThousand Dollars ($2.000.00) within thirty (30) days after this Agreement is executed by the Village and County. This advance payment shall constitute the Revenue Sharing Payment on the portion of net revenues owed to the. Village pursuant to this Agreement for Fiscal Year October 2011 through September 2012. Thereafter, the Revenue Sharing Payment owed to the Village shall be calculated as set forth in Section 4.4 with the next payment due in October 2013 provided, however, that the Annual Revenue Sharing Payment shall never be less than two thousand dollars ($2,000.00) per year. 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, forthe 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 Village 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 Village, 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 Village at any reasonable time, and copies of the records shall be provided to the Village on a monthly basis, if requested. 5.3 Local Operations. After signing this Agreement, the Village 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, Village 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 S:\ATTY\AGREEM NT\INTERLOC\Yllage-Solid Waste Disposalmpd -5- Village from disposing of or allowing the disposal of Recyclable Materials to a recycling facility chosen by the Village. 5.4 Responsibility for Collection Costs. The Village, 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. ARTICLE VI FURTHER ASSURANCES 6.1 Additional Actions. During the term of this 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 Village shall use their best efforts to defend, preserve and protect such pledge of such fees. 6.2 Cooperation. The County and the Village 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 Village 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 S:\ATTY\AGREEMNT\INTERLOC\Village-SaildWasteDisposal.wpd -6- 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 affectthe remainder of this Agreement, and this Agreement shall be construed and enforced, consistentwith its expressed purposes, as if such invalid and unenforceable provision, paragraph, sentence, clause, or word had not been contained herein. 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 County: With a Cony to: St. Lucie County Administrator St. Lucie County Attorney 2300 Virginia Avenue 2300 Virginia Avenue Administration Annex Administration Annex Fort Pierce, FL 34982 Fort Pierce, FL 34982 As to the Village: With a Copy to: Town of St. Lucie Village Richard V. Neill, Jr. 2841 North Old Dixie Highway Neill Griffin Fowler Tierney Neill & Marquis Fort Pierce, Florida 34946 311 South Second Street Fort Pierce, Florida 34950 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 Party's reasonable control and (2) materially, substantially and adversely affects that Party'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 orenforcement thereof, (h) an order, judgment or other binding determination of a federal or state administrative agency or governmental body (excluding St. Lucie County); (1) the suspension, interruption, denial or failure of renewal or issuance of any permit, license, consent, authorization or approval; and (j) any other event, act or 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. S:WTTYWGREEMNT\INTERLOC\Village-SolidWasteDisposal.wpd -7- 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, 2011 until September 30, 2021. This Agreement will automatically renew for an additional ten (10) years until September 30, 2031, 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 Village 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 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 TOWN OF ST. LUCIE VILLAGE BY: Mayor APPROVED AS TO FORM AND CORRECTNESS: Village Attorney S:\ATTY\AGREEMNT\INTERLOC\Village-SolidWasteDisposal.wpd "8- TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney AGENDA REQUEST ITEM NO. VI-13-6 Date: February 21, 2012 Regular[ ] Public Hearing[ ] Consent [X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: St. Lucie County International Airport - Proposed Sublease Agreement between Fort Pierce FBO, LLCand East Coast Aircraft Painting, Inc. BACKGROUND: See C.A. No. 12-0144 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners consent to the proposed sublease agreement between Fort Pierce FBO, LLC and East Coast Aircraft Painting, Inc. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: County Attorney: Daniel.. Originating Dept.: Mark Satterlee Finance (Check for Copy only, if applicable): CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures Mgt. & Budget: Purchasing: Other: Other: _ Todd Cox INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 12-0144 DATE: February 3, 2012 SUBJECT: St. Lucie County International Airport - Proposed Sublease Agreement between Fort Pierce FBO, LLC and East Coast Aircraft Painting, Inc. BACKGROUND: Attached to this memorandum please find a copy of the proposed sublease agreement between Fort Pierce FBO, LLC and East Coast Aircraft Painting, Inc. for lease of a hangar to operate an aircraft interior refurbishment and repair business at the St. Lucie County International Airport. The master lease between the County and Fort Pierce FBO requires the County's consent for any subleases over twelve (12) months. The proposed term of the sublease is three (3) years. The sublease specifically provides that the sublease is subordinate to the terms and conditions of the master lease. Staff has reviewed the terms of the sublease and finds them acceptable. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners consent to the proposed sublease agreement between Fort Pierce FBO, LLC and East Coast Aircraft Painting, Inc. Respectfully submitted, G,,t2t- Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Planning and Development Services Director Airport Manager Tenant: Landlord: Tenant's Notice Address: Address of Premises: Rentable Area of Premises: 'Cbtnmencement Date: Termination Date: Monthly Net Rent: Net Rent Adjustment: Security Deposit Effective Date: 2982 Curtis King Blvd Fort Pierce, FL 34946 772-489-2285, 772-468-0252 HANGAR LEASE Reference Page East Coast Aircraft Painting, a Florida corporation Fort Pierce FBO LLC, a Florida Limited Liability Company 4603 Redwood Drive, Fort Pierce, FL 34951 2924 Curtis King Blvd, Ft. Pierce, Florida 3600 sq ft. Hangar February 1, 2012 Three years following Commencement Date (subject to extension or relocation pursuant to Section 2) $1350.00 plus applicable Florida sales and use tax Set forth in Section 3 $2700.00 (two months), February 1, 2012 ThisReference Reference Page (herein so called) information is incorporated into and made a part of the Lease. The Lease includes Exhibit A (Premises Description) and Exhibit B (Environmental Requirements). - 1 - THIS LEASE ("Lease") is made and entered into by and between Landlord and Tenant as of the Effective Date. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually covenant and agree as follows: 1. PREMISES AND USE. Tenant leases the "Premises" shown on Exhibit A and described on the Reference Page from Landlord. The Premises and the contiguous or related property described on Exhibit A to the Master Lease (defined below) which is managed jointly are referred to as the "Property" and are located at the St. Lucie County International Airport ("Airport"). The Premises shall be used and occupied solely for aircraft interior refurbishment & repair, general office, administrative, and related uses customary in Tenant's business operations, all in strict compliance with the Master Lease. Tenant shall not permit anything to unreasonably interfere with the rights of other tenants or injure, annoy or disturb them. Tenant shall not permit any waste or illegal act on the Premises. Tenant shall be financially responsible for its failure to observe any covenant or condition of this Article. Tenant shall not during the Term of this Lease enter into any commercial activity on the Airport that would in any form or manner compete with any of the following activities of Landlord on the Airport on the date of this Lease: the sale of aircraft fuels, rental of ground vehicles, sale of food or beverage, or rental. of life gear. Additionally, Tenant shall not permit any entity to perform any activity on the Premises that in any form or manner competes with such commercial activities of Landlord on the date of this Lease or violates any rule on activity expressly prohibited by St. Lucie County. Without limiting any other term or provision hereof, Tenant covenants and agrees that except as expressly permitted in this Lease, at no time during the Term shall Tenant or any of its agents, employees, contractors, subcontractors, invitees, officers or directors be permitted to store, maintain, or operate any motor vehicle, recreational vehicle, boat, or any other personal property, including but not limited to spare parts for any such vehicles, in or upon the Premises without prior written consent of Landlord. 2. TERM a) Initial Term. The initial Term of this Lease shall be for a period of three (3) years, commencing on the Commencement Date, unless earlier terminated pursuant to this Lease. b) Renewal Option. Tenant shall have the option ("Option") to extend the Term of this Lease for two (2) additional periods of three (3) years each (each an "Extension Term") on the same terms and conditions as set forth in this Lease (except for the Early Termination Option and Monthly Net Rent as addressed below). Tenant may exercise such Option by giving Landlord written notice of such exercise not more than 365 days nor less than 180 days 'prior to the then applicable Termination Date of this Lease time -2- being of the essence). If Tenant fails to exercise its Option with respect to either Extension Term in strict accordance with the provisions hereof (or if Tenant fails to properly exercise is Option for the first Extension Term), the Option shall be null, void and of no force or effect. Tenant shall have no right to exercise the Option if Tenant is in Default under this Lease either on the date of Tenant's written notice of election or on the first day of the applicable Extension Term. d) Condition Upon Renewal. Tenant shall take the Premises "as is" for any Extension Term and Landlord shall have no obligation to make any improvements or alterations to the Premises for any such Extension Term, nor to provide any leasehold improvement allowance thereof. e) Rent Upon Renewal. For each Extension Term, the Monthly Net Rent shall be the fair market rental of the Premises at the tirne of renewal. Prior to the expiration of the Initial Term, Landlord shall provide Tenant with the Landlord's reasonable assessment of the prevailing fair market rental rate for the applicable Extension Term. In no event shall the Monthly Net Rent for the Extension Term be less than the Monthly Net Rent for the final year of the Initial Term or the first Extension Term, as applicable, and the annual rent adjustments shall not be less than an escalation of 5% per year. Upon exercise of its renewal Options herein, Tenant shall remain responsible for all Additional Rent during each Extension Term in accordance with this Lease. . 3. RENT. a) Payment. Commencing on the Commencement Date, Tenant shall pay in advance the "Monthly Net Rent" as set forth on the Reference Page, plus other sums due hereunder, if any ("Additional Rent"), together known as "Rent", by the fifth day of each month. Rent and all additional charges shall be paid promptly when due to Landlord without offset, deduction, diminution, abatement, counterclaim or notice of any amount for any reason whatsoever, except as otherwise expressly provided herein. Rent shall be paid to following address: 2982 Curtis King Blvd, Fort Pierce, FL 34946. b) Late Fees. Each Rent payment not received within twenty (20) calendar days from the applicable monthly due date shall bear a late charge of one and one-half (1.5) percent per month until paid. c) Annual Adjustment. Commencing on the first day following one year from the Commencement Date and on the first day of each one year period thereafter during the Term, as the same may be extended, the Monthly Net Rent for the following one year period .payable by Tenant hereunder (and the monthly installments thereof) shall be increased by the greater of (i) five percent (5%) or (ii) the percentage increase in the Consumer Price Index as determined in accordance with Section 15.03 of the Master Lease. -3- d) Holdover. Tenant shall pay Landlord one hundred fifty percent (150%) of the total Rent then applicable for each month or portion thereof that Tenant shall retain possession of the Premises or any part thereof after the termination of this Lease, whether by lapse of time or otherwise, and shall also pay all direct, actual damages sustained by Landlord on account thereof. 4. SECURITY DEPOSIT. Tenant shall deposit with Landlord the Security Deposit to be held as security for the full and faithful performance by Tenant of its obligations hereunder. If Tenant shall Default (as defined below) with respect to any covenant or condition of this Lease, Landlord may apply the whole or part of such Security. Deposit to the curing of such Default. If any portion of the Security Deposit is used by the Landlord, Tenant shall, within ten (10) days after a written demand by the Landlord, deposit such additional amounts as may be requested by Landlord and undisputed by Tenant to replenish the Security Deposit. Within thirty (30) days after the expiration of the Term, and subject to the provisions hereof, the balance of the Security Deposit shall be returned to Tenant. 5. SERVICES PROVIDED AND PERMITTED. (a) Movement of Aircraft. Tenant shall be solely responsible for movement of aircraft (b) Fuel. As a material inducement for Landlord entering into this Lease, Tenant agrees that it will purchase all fuel utilized in the aircraft being serviced from Landlord, if needed. 6. EXPENSES. Commencing on the Commencement Date, Tenant shall pay its Proportionate Share of Real Estate Taxes and Insurance, unless otherwise expressly specified in this Lease, which "Proportionate Share" is determined by dividing the square footage of .the building footprint of the Premises by the total square footage of all building footprints on the Property and rounding the quotient to the next highest thousandth. (a) The term "Real Estate Taxes" means all ad valorem real estate taxes and assessments levied or assessed against the Property during the Term. Notwithstanding the foregoing, Real Estate Taxes shall not include: (i) any inheritance, estate, succession, transfer, gross receipts, revenue, margin, franchise, corporation, net income or profit tax or capital levy imposed upon Landlord or the Property; (ii) any special assessments which are levied or assessed by a special assessment district which is formed, directly or indirectly, by Landlord and/or others for the purpose of constructing or acquiring on -site or off -site improvements to or for the Property, or any portion thereof; (iii) any development costs, including but not limited to any traffic impact fees, billed by a governmental entity as part of ad valorem real estate taxes or assessments. The term "Insurance shall mean all insurance required to be provided by Landlord pursuant to Article 13 of this Lease. (b) Tenant shall be responsible for the payrnent.of all taxes, assessments, license fees or other charges that may be levied or assessed during the Term of this Lease upon or against any personal property or equipment located within or upon the space which is owned by, leased to, or in the care, custody, and control of Tenant. (c) Tenant shall be responsible for all minimum required fire protection device costs, including annual inspection fees, monitoring costs, device maintenance, and device recharging, except to the extent otherwise required to be maintained by Landlord hereunder. 7. ALTERATIONS. Any and all improvements or alterations ("Alterations") to the Premises by Tenant shall be subject to Section 18 of the Master Lease and all Alterations, other than nonstructural Alterations, over $5,000 in aggregate amount shall be subject to Landlord's prior written approval, which will not be unreasonably delayed, conditioned or denied. Tenant agrees to design and construct all Alterations in accordance with applicable federal, state, and local laws, regulations and requirements and provide Landlord with copies of all plans and specifications with respect to such Alterations. 8. SIGNS. Tenant shall have the right to erect, maintain, or display any signs or advertising on the exterior of the Premises or within the Premises, provided that such signs and advertising are approved by Landlord and comply with all FAA, local government, and local airport rules, regulations, and ordinances.. Furthermore, Tenant must obtain and pay for all required building permits from St. Lucie County and shall obtain approval from the Airport director and Landlord prior to proceeding. Tenant shall have the right to place reasonable signage at the service counter within Landlord's facility being utilized by Tenant, so long as such signage does not distract or interfere with Landlord's activities and operations, as reasonably determined by Landlord.. Landlord agrees not to deny use for Tenant's display or printed materials provided such items do not cause confusion, annoyance, or create an obstacle to clients of Landlord. 9. REPAIR/MAINTENANCE. Tenant hereby accepts the Premises in its "as is" condition on the Effective Date of this Lease and Landlord shall have no liability or obligation to make any alterations or improvements of any kind on or to the space, hangar, office, or any part thereof. By taking possession, Tenant accepts the Premises as being in good order and repair, and in the condition in which Landlord is obligated to deliver the Premises. Tenant covenants at all times and at its own cost and expense to repair and maintain the Premises and every part thereof unless specifically stated otherwise in this Lease. Tenant shall maintain the Premises and Alterations in good condition, regularly servicing and promptly making all repairs and replacements, whether ordinary or extraordinary, with high quality materials and workmanship in compliance with all laws and regulations. If Tenant refuses or neglects to make any required repairs and/or maintain the Premises, or any part thereof, in a manner -5- reasonably satisfactory to Landlord, Landlord shall have the right, upon giving Tenant reasonable notice of its election to do so, to make such repairs or perform such maintenance on behalf of and for the account of Tenant. .In such event, such work shall be paid by the Tenant as additional expenses due immediately upon receipt of the bill therefore. 10. LIENS. Tenant shall keep the Premises and Alterations free from liens created by, through, or under Tenant. If Tenant does not, within ten business days following written notice to Tenant. from Landlord of the filing of a lien, cause the lien to be released, Landlord may cause it to be released by such means as it shall deem proper, including payment of the claim. Such sums advanced shall be considered Additional Rent and payable by Tenant upon demand from Landlord. 11. SUBLETTING. Except as otherwise provided in this section, Tenant shall not assign or pledge this Lease or sublet the Premises (each a "Transfer"), without the prior written consent of Landlord, not to be unreasonably withheld, conditioned, or delayed, and consent of the Master Ground Lessor if required under the Master Lease. In any case where Landlord shall consent to a Transfer, Tenant shall remain fully liable for the obligations of Tenant hereunder, including, without limitation, the obligation to pay the Rent. A transfer directly or indirectly of a controlling interest in Tenant (either in one transfer or a series of transfers) shall constitute an assignment hereunder. Notwithstanding the foregoing, the following events shall not be considered a Transfer under this section: (i) a change in ownership of Tenant as a result of a merger, consolidation, reorganization, or joint venture; (ii) the sale, exchange, issuance, or other transfer of Tenant's stock on a national exchange or between Tenant's parent company, if any, and any subsidiary, affiliate, related entity, or other entity that controls, is controlled by, or is under common control with Tenant; (iii) a collateral assignment of Tenant's interest in this Lease to a lender as security for any indebtedness of Tenant to the lender; or (iv) month -to -month subletting for individual aircraft storage. Tenant shall not be required to obtain Landlord's consent to, and Landlord shall not have the right to delay, alter, or impede, any of the foregoing transactions or combinations thereof. 12. INDEMNIFICATION. (a) To the fullest extent permitted by applicable law, Tenant waives all claims against Landlord for damage to any property or injury to any person connected with Tenant, except to the extent arising from the negligence or willful misconduct of Landlord or its officers, directors, agents, contractors, subcontractors, invitees, or employees. Tenant shall hold Landlord harmless from, and defend Landlord against, all claims, liability or costs for property damage or personal injury when such damage or injury shall arise from, in part or in whole, (i) the wrongful act or neglect of Tenant or its officers, directors, agents, contractors, subcontractors, invitees, or employees, or (ii) Tenant's Default under this Lease beyond any applicable notice and cure period. Notwithstanding the foregoing, Tenant shall have no obligation to indemnify or defend Landlord to the W extent such damage or injury is caused by or arises from the negligence or willful misconduct of Landlord. (b) Subject to Section 12(a) above, Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees and disbursements, arising from or related to any bodily injury, illness or death of any person occurring in, on or about the Premises when such damage, bodily injury, illness or death is caused by Landlord's negligence or willful misconduct. This Article 12 shall survive the termination of this Lease. 13. INSURANCE. Landlord agrees to carry during the entire Term of this Lease, products/completed operations liability insurance in an amount of not less than $25,000,000. Landlord agrees to carry all risk property insurance (including Windstorm coverage) on the Premises. Tenant shall at all times continuously maintain (i) commercial general liability insurance with limits not less than $1 million per occurrence, $2 million in the aggregate, written on an occurrence basis, which insures against claims for bodily injury, personal injury, and property damage based upon, involving or arising out of Tenant's use, occupancy or maintenance of the Premises and the Property; (ii) Worker's Compensation insurance for all personnel in statutory limits per mandate by State of Florida; (iii) business automobile liability insurance with limits not less than $1 million each accident covering owned, hired, and non - owned vehicles used by Tenant within Landlord's leasehold; (iv) Aircraft Insurance, if applicable, inclusive of aircraft liability, airport liability, contractual liability, independent contractor liability and Premises liability, and (v) environmental liability coverage with limits not less than $1 million per occurrence. Tenant agrees to increase auto liability amounts to County mandated $5 million minimum if operating on airport operations areas (AOA). In addition, all insurance Tenant shall maintain shall name Landlord and its affiliates, management company, ground owner and mortgagee as additional insureds (on a primary and noncontributory basis) and provide thirty days notice of cancellation. A certificate of insurance bearing endorsements that policies are in effect shall be delivered to Landlord prior to the Commencement Date. Not later than thirty (30) days prior to the date when other insurance coverage maintained in accordance with the terms of this Lease is scheduled to expire, Tenant shall provide evidence of renewals or replacement insurance, and shall maintain such insurance at the level set forth in this Lease throughout the term of this Lease. Upon request of Landlord acting reasonably, Tenant shall be obligated to increase the limits or change or obtain additional insurance. Tenant acknowledges that insurance limits and deductibles may increase due to requirements of St. Lucie County (Master Ground Lessor) and agrees to abide by such requirements. Further, the failure of Landlord to obtain certificates or other evidence of insurance from the Tenant shall not be deemed a waiver by Landlord. Non -conforming insurance shall not relieve Tenant of its obligation to provide the insurance specified herein. Nonfulfillment of the insurance conditions by Tenant hereunder (after expiration of the applicable notice and cure period) will constitute a -7- material breach of this Lease and Landlord retains the right (after expiration of the applicable notice and cure period) to suspend this Lease until proper evidence of insurance is provided or, in the continued absence of such insurance evidence (after expiration of the applicable notice and cure period), terminate this Lease, in Landlord's sole discretion. 14. UTILITIES. Tenant shall pay, directly to the appropriate supplier before delinquency, all charges for all water, gas, heat, light, power, telephone, sewer, refuse disposal and other utilities and services supplied to the Premises, together with all taxes, assessments, surcharges and similar expenses relating to such utilities and services. If any such utilities or services are jointly metered with the Premises and another part of the Property, Tenant shall pay as additional rent Tenant's Proportionate Share of the cost of such jointly metered utilities and services to Landlord within ten (10) business days after receipt of Landlord's written statement for such cost. If the quantity or kind of utilities or services furnished to any other tenant of the Property is excessive relative to the utilities and services consumed by tenants of the Property generally, such additional cost resulting from the excessive consumption shall not be included in the figure used to determine Tenant's Proportionate Share. Landlord shall not be in default under this Lease or be liable for any damage or loss directly or indirectly resulting from, nor shall the rent be abated or a constructive or other eviction be deemed to have occurred by reason of, any interruption of or failure . to supply or delay in supplying any such utilities and services or any limitation, curtailment, rationing or restriction on use of water, electricity, gas or any resource or form of _ energy or other service serving the Premises or the Property, whether such results from mandatory restrictions or voluntary compliance with guidelines. Notwithstanding the foregoing, if any interruption of or failure to supply or delay in supplying any such utilities and services continues for a period of three consecutive business days, impairs Tenant's use of the Premises, and results or arises from the acts or omissions of Landlord, or its officers, directors, agents, contractors, subcontractors, or employees, then Tenant shall have the right to proportionately abate Rent to the extent Tenant's use of the Premises is impaired from the date of interruption or failure. In the event of utility "deregulation" Landlord shall choose the service provider. 15. SUBORDINATION. This Lease shall be subordinate to the Master Lease, subject to the Consent of Master Ground Landlord attached hereto. Landlord represents to Tenant that no lender currently holds a mortgage but that Wells Fargo Bank, N.A. ("Mortgage Holder") may in the future hold a mortgage or deed of trust. If requested by Tenant, Landlord shall make commercially reasonable efforts to procure and deliver to Tenant, a subordination, non -disturbance and attornment agreement ("SNDA") from Mortgage Holder, if applicable. Landlord agrees, with respect to any mortgages or deeds of trust affecting or encumbering all or any portion of the Premises after the Effective Date, to use commercially reasonable efforts to obtain from the applicable mortgage or deed of trust holder an SNDA on a form reasonably acceptable to the holder, providing generally that the mortgagee, trustee, or any purchaser at the foreclosure of the mortgage or deed of trust will not disturb Tenant's - 8 - possession of the Premises (provided there is no Default hereunder) and that Tenant will attorn to such mortgagee, trustee, or purchaser at foreclosure as Landlord under the terms and conditions of this Lease upon receiving written notice that such party has succeeded to the interest of Landlord under this Lease. In the event of attornment by Tenant, the ground owner or mortgagee shall not be (a) liable for any act or omission of Landlord; or (b) subject to any offsets or defenses Tenant has against Landlord; or (c) bound by prepayment of more than one month's Rent; or (d) be required to account for any security deposit not actually delivered to such ground owner or mortgagee; or (e) bound by any modification of this Lease not approved by it. Tenant shall execute an SNDA upon ten business days notice, provided that such agreement is of form and substance reasonably acceptable to Tenant 16. RULES. Tenant shall comply with the Environmental Requirements attached as Exhibit `B" and all rules and regulations promulgated by Landlord from time -to -time provided such rules and regulations (a) are applied in a non-discriminatory manner, (b) do not impose a material cost on Tenant, and (c) do not unreasonably interfere with Tenant's conduct of its business or Tenant's use and enjoyment of the Premises. 17. ACCESS & REENTRY. Tenant shall have access to the Premises twenty-four (24) hours per day, seven (7) days per week, subject to the Airport's reasonable security measures. Tenant shall also have the right, at its option and at its sole expense, with Landlord's prior written consent to install additional security systems in the Premises as Tenant may deem necessary. Upon 24 hours prior notice to Tenant (except in emergency circumstances, when no advance notice will be required), Landlord may reenter the Premises as reasonably necessary to inspect, provide services, alter or repair the Property; provided, however, that all such entries, repairs, or alterations shall be completed promptly in a good and workmanlike manner so as to cause the least practical interference to Tenant's business and Tenant's use of the Premises. If Landlord's entry materially and substantially interferes with the conduct of Tenant's business and/or causes damage to Tenant's property (and the entry is not needed because of Tenant's negligence or willful misconduct), then, in such event, the Rent shall abate in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant's property. 18. DEFAULT. If Tenant shall default (each a "Default") (a) in the payment of Rent for a period of 5 business days after written notice from Landlord; or (b) in the observance of any applicable ordinance, law or regulation or any term, covenant or condition of this Lease and fail to remedy, or commence to remedy (and diligently pursue until completion) such default within thirty days after written notice from Landlord; or (c) in subletting or assigning this Lease in violation of Section 11 above; then, Landlord may give Tenant the statutorily required notice of Lease termination, if any, and Tenant shall remain liable for damages and Rent due hereunder. If Tenant Defaults two times in any six-month period, Landlord may serve notice of Lease termination without giving Tenant an opportunity to cure such default. Landlord's failure to enforce one or more of its rights under this Lease, at law, or in equity, shall not be construed as a waiver or limitation of Landlord's ability to subsequently enforce any of its rights. Upon the appointment of a receiver or an assignment of IME assets for the benefit of creditors, or action taken by Tenant under any bankruptcy or other debtor relief act, this Lease shall automatically terminate without notice. 19. REMEDIES. If this Lease shall terminate due to a default by Tenant, then Tenant shall pay all Rent until termination and, as damages, any deficiency between the future Rent herein and the rent collected under any re -letting, net of all expenses. Landlord may elect not to terminate this Lease but to (i) recover the Rent as the same becomes due or, in advance, the present value of the future Rent and/or (ii) cure the default of Tenant and recover from Tenant the cost of such cure plus interest at the rate of two percent (2%) per month until paid. After default Landlord may reenter the Premises, dispossess Tenant from the Premises and remove all property without releasing Tenant from any obligation, including payment of Rent. Tenant waives all rights to file claims for damages resulting from such reentry and expulsion, or to reenter or repossess the Premises, after Tenant shall have been dispossessed by any judgement. Notwithstanding anything set forth in this Lease to the contrary, except as otherwise provided herein, neither party shall be liable to the other for any special, punitive, or consequential damages. 20. QUIET ENJOYMENT. Landlord warrants that it has the authority to enter into this Lease and that Tenant, while paying Rent and performing its other covenants obligations, and agreements hereunder, shall peaceably and quietly have, hold and enjoy the Premises throughout the Terms without any manner of hindrance from Landlord or anyone claiming under Landlord, subject, however, to all terms and provisions hereof. 21. TENANT'S RESPONSIBILITY FOR CONDUCT. Tenant will obtain for its employees and will require them to display proper identification in accordance with prevailing Airport regulations for all areas of the Airport where required. In addition, all employees of Tenant shall be subject to and must pass applicable Airport security requirements prior to commencement of employment. All costs incurred in obtaining security clearance and such required identification badge authorizations or endorsements and any charges, fines, or other costs imposed upon Landlord for failure of the Tenant or its employees to obtain or display such identification, including the replacement of lost badges, shall be paid by and borne solely by Tenant. Tenant shall indemnify, defend and hold harmless Landlord and its officers, directors, agents, tenants, customers, contractors, subcontractors, invitees, and employees from and against any and all fines, penalties, damages or legal actions which may be imposed by the Airport, United States Customs service or any other agency having jurisdiction at or on the Airport as a result of Tenant's or its officers, directors, agents, contractors, subcontractors, invitees, or employees failure to comply with or adhere to any and all federal, state, local or Airport regulations in effect as of the Effective Date of this Lease or promulgated thereafter. OWN 22. CASUALTY. If the Premises or access thereto shall, at any time during the Term hereby created or any renewal thereof, be so badly damaged or destroyed by reason of any cause that, in the opinion of the Landlord's architect, cannot be repaired or rebuilt within one hundred and eighty (180) days from the date of such casualty, then this Lease may be terminated and ended by either party by a notice in writing to the other mailed within thirty (30) days after the giving of the opinion of the Landlord's architect as aforesaid; provided, however, that, in the event notice of termination is given pursuant to this clause, the Rent and any other payments for which the Tenant is liable under this Lease shall be apportioned and paid to the date of such damage or destruction and the Tenant shall deliver up possession of the Premises to the Landlord thirty (30) days after the notice of termination. If damage or destruction to the Premises is, in the opinion of the Landlord's architect, capable of being repaired or rebuilt within one hundred and eighty (180) days from the date of such casualty, or if neither Landlord nor Tenant terminates this Lease pursuant to the preceding sentence, then (i) Landlord shall commence such repair and rebuilding as soon as practicable and proceed with reasonable promptness to complete such repair and rebuilding within such one hundred eighty (180) day period (subject to delays for causes beyond Landlord's reasonable control such as delays due to issuance of building permits or obtaining of insurance proceeds, provided Landlord diligently pursues the same) and notify Tenant in writing that it will be doing so, such notice to be mailed within thirty (30) days from the date of such damage or destruction, and (ii) the Monthly Net Rent and Additional. Rent shall, according to the nature and extent of the damage or destruction, abate until the Premises shall have been rebuilt and made fit for the purposes of the Tenant. If Landlord fails to deliver to Tenant notice of whether the damage can be repaired within the applicable thirty (30) day period, or if Landlord has elected to repair and the repair is not completed within one hundred eighty (180) days from the date of such event (subject to delays for causes beyond Landlord's reasonable control such as delays due to issuance of building permits or obtaining of insurance proceeds, provided Landlord diligently pursues the same; provided, however, in no event shall such delays collectively extend such one hundred eighty (180) day period by more than thirty (30) extra days), then Tenant shall have the further option, at any time thereafter until such time as Landlord tenders the notice or completes the repair (as applicable), effective upon written notice to Landlord, to terminate this Lease as of the date of such notice. Landlord shall not repair or replace Tenant's property.. The provisions of this section shall be subject and subordinate to the applicable provisions of the Master Lease. 23. EMINENT DOMAIN. If possession of any material part of the Premises shall be taken under the power of eminent domain, or conveyance in lieu thereof, either party may terminate this Lease within thirty days of such taking, and in that case, Tenant shall not be liable for any Rent after the date of such termination. If neither party elects to terminate this Lease, then this Lease shall remain in effect as to the portion not taken and the Monthly Net Rent shall be reduced in proportion to the portion of the Premises taken. Landlord shall be entitled to any award and Tenant hereby waives any interest it may have in such award. Tenant may claim dislocation damages if such amount is not subtracted from Landlord's award. - 11 - 24. SALE BY LANDLORD. If Landlord's interest in the Property is sold, Landlord shall transfer the balance of the Security Deposit to the Landlord's successor and be released from any future liability under this Lease accruing from and after the date of the transfer of Landlord's interest and Tenant shall look solely to Landlord's successor. Except as set forth in this Article, this Lease shall not be affected by any such sale. 25. ESTOPPEL CERTIFICATES. Within ten days of request, either party hereto shall deliver to the other party a statement certifying (a) the Termination Date; (b) that this Lease is unmodified except as specified; (c) the date to which Rent has been paid; (d) that there are no defaults hereunder except as specified; and (e) financial, environmental and other information as reasonably requested. 26. FINANCIAL INFORMATION. Tenant agrees to provide to Landlord, promptly upon request, but not more frequently than once per year except in connection with any potential financing or sale of the Property, financial statements of Tenant, certified by Tenant's accountant. 27. SURRENDER OF PREMISES. Upon the expiration or earlier termination of this Lease, Tenant will deliver to Landlord possession of the Premises and Alterations in their current, broom clean condition and free of debris and damage (casualty and condemnation and ordinary wear and tear excepted), and title to all Alterations shall automatically vest in Landlord. 28. NOTICES. Notices shall be sent by hand delivery, overnight courier, Certified Mail, or by fax with a confirmation of delivery followed by a copy sent by regular mail, using the addresses set forth on the Reference Page, and shall be deemed given upon delivery or refusal of delivery. 29. FORCE MAJEURE. Landlord and Tenant shall be excused for any delay and shall not be in default with respect to the performance of any of the terms or conditions of this Lease when prevented from so doing by a cause beyond their control. This Article shall not apply to the timely payment of Rent. 30. DEFINED TERMS AND MISCELLANEOUS. The headings herein are for convenience .and in no way describe the scope or intent of any Article. Any indemnification or insurance of Landlord shall include Landlord's lenders, trustees, directors, beneficiaries, shareholders, agents, affiliates, employees and ground owner. If any one of the provisions herein is judged unenforceable, all other provisions shall remain in fall force and effect. Time is of the essence for this Lease and all of its provisions. This Lease has been freely negotiated between the parties and in any controversy over the interpretation of anything contained herein, there shall be no presumption or conclusion drawn against either party by virtue of that party having drafted that section of the Lease. Tenant shall look solely to Landlord's equity in the Property for satisfaction of any judgments or awards. This Lease supersedes any -12- previous understanding or agreement of the parties and may not be modified except in writing. 31. WAIVER OF JURY TRIAL. Landlord and Tenant hereby waive trial by jury in any proceeding brought against each other. Any legal proceedings shall be governed by the laws of the State in which the Property is located and tried in the court system in such state. 32. NONRESPONSIBILITY OF LANDLORD. Except as expressly provided herein, there shall be no abatement from or reduction of the Rent due hereunder regardless of the reason or cause. Tenant shall not be entitled to damages, costs, losses or disbursements from Landlord regardless of the cause or reason therefore, unless expressly provided for in this Lease or caused by or resulting from the gross negligence or willful misconduct of Landlord. Except to the extent caused by or resulting from the gross negligence or willful misconduct of Landlord or as expressly provided for in this Lease, Tenant shall have no claim of any nature whatsoever against Landlord, no abatement or reduction of rent, and no recovery by Tenant from Landlord on account of partial or total failure of, or damage caused by (a) lessening of supply of, or stoppage of, heat, air-conditioning, electric light, power, water, plumbing, sewerage, elevators, or any other service, (b) any damage or annoyance occasioned by water, snow, or ice being upon or coming through the roof, skylight, trapdoors, windows, or otherwise, (c) any defect or break in any pipes, tanks, fixtures, or otherwise whereby steam, water, snow, smoke or gas, leak, issue or flow into the Premises, (d) any damage or annoyance occasioned by the condition or arrangements of any electric or other wiring, (e) any damage or annoyance arising from any acts, omissions, or negligence of co -Tenants or other occupants of the Property, or of owners or occupants of adjacent or contiguous property, or (f) the making of major repairs, alterations, repairs, improvements, or structural changes to the Property, or any thing or service therein or thereon or contiguous thereto provided the same shall be made with reasonable expedition. 33. MASTER LEASE. Tenant is cognizant of the fact that Landlord's interest in the Property (including the Premises) is created by the Second Amended and Restated Lease Agreement dated as of May 16, 2008 (as further assigned, the "Master Lease") between a predecessor to Landlord and St. Lucie County, Florida ("Master Ground Lessor") and that the Consent of Master Ground Lessor attached hereto is a condition precedent to the validity of this Lease. If Master Ground Lessor has not executed and delivered the Consent of Master Ground Lessor attached hereto within sixty (60) days of the Effective Date of this Lease, either party may elect to terminate this Lease by written notice provided to the other at any time before the execution and delivery of the Consent of Master Ground Lessor. Landlord shall not require the consent of Tenant to amend the Master Lease, Tenant waiving hereby any right it may have to give any such consent or consents. Notwithstanding the foregoing, Landlord covenants that Landlord shall not (i) voluntarily terminate the Master Lease prior to the Termination Date, without Tenant's prior written consent, or (ii) voluntarily modify the Master Lease so as to deprive Tenant of any material rights under this -13- Lease or to impose any increased material obligation on Tenant, without Tenant's prior written consent. 34. SECURITY. Tenant, and its employees, invitees, guests, and contractors must abide by those security regulations, policies and procedures (applicable at any time during the Term) ("Security Policies and Procedures") of the Airport, Federal Aviation Administration, the Transportation Security Administration, or any other applicable governmental or regulatory body, promulgated from time -to -time. In particular, Tenant acknowledges and agrees that it and its employees, invitees, guests and contractors will be required to comply with the requirements applicable to Part 139 facilities. IN WITNESS WHEREOF, the parties have executed this Lease as of the Effective Date. Landlord: Fort Pierce FBO, LLC, a Florida limited liability company Name: Its: V),V •,�s►� Tenant• •' y a d � Dr, By: ✓ " Name: Its:i -14- CONSENT OF MASTER GROUND LESSOR Master Ground Lessor hereby consents to this Lease and all terms and provisions hereof and represents to Landlord and Tenant that to Master Ground Lessor's actual knowledge (a) the Master Lease is in full force and effect; (b) neither Master Ground Lessor nor Landlord is in default under any of the terms, covenants, or provisions of the Master Lease; (c) no event has occurred and no condition exists which, with the passage of time or the giving of notice or both, would constitute a default by Master Ground Lessor or Landlord under the Master Lease; (d) the party executing this Consent on behalf of Master Ground Lessor has the authority to consent to this Lease; and (e) the Master Lease has not been assigned, modified, or amended in any manner, except as follows: Assignment and Assumption Agreement dated as of May 16, 2008 by and between Air Charter of Florida, Inc., as assignor, and Treasure Coast FBO LLC, as assignee and consented to by Master Ground Lessor; and Assignment and Assumption Agreement dated as of January 24, 2011 by and between Treasure Coast FBO LLC as assignor, and Landlord, as assignee and Ground Lessor Consent to same from Master Ground Lessor; Master Ground Lessor recognizes this Lease and agrees that (i) neither Tenant's right of possession to the Premises nor Tenant's"rights under this Lease shall be affected or disturbed by Master Ground Lessor, and (ii) Tenant shall not be deprived of its rights under this Lease for any reason so long as no event has occurred and then continues to exist for such period of time (after any notice required by this Lease) as would entitle Landlord to terminate this Lease. IN WITNESS WHEREOF, Master Ground Lessor has executed this Consent as of this day of , 2011. Master Ground Lessor: St. Lucie County, Florida By: Name: Its: -15- EXHIBIT A PREMISES Approximately 3600 sq ft hangar located at 2924 Curtis King Blvd. EXHIBIT B ENVIRONMENTAL REQUIREMENTS Tenant shall operate its business on the Property and maintain the Premises (for purposes of this Exhibit Premises includes any improvements thereon, including without limitation any above -ground fuel storage tanks) in compliance with all federal, state and local laws, regulations, and requirements relating to the discharge of Hazardous Substances and to the protection of public health or the environment ("Environmental Laws"). The term "Hazardous Substances" means all hazardous or toxic substances, materials or wastes identified as "hazardous substances" under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time ("CERCLA"); any oil or petroleum products; asbestos and PCBs. If Tenant uses propane -fueled forklift trucks, it shall monitor air quality, as required under, and to ensure compliance with, all applicable Environmental Laws. Tenant shall give Landlord prompt written notice of any written instituted or threatened action, proceeding or claim alleging a violation of, or obligation under, Environmental Laws at or affecting the Property. Tenant shall also give Landlord prompt written notice of Tenant's knowledge of any condition or occurrence at the Property that constitutes a violation of Environmental Laws or requires a removal action or remediation under Environmental Laws. Within ten (10) days of request, Tenant shall execute and deliver to Landlord or any prospective landlord or mortgagee, a statement certifying: (1) the estimated amount and type of Hazardous Substances then in use, or to the extent of Tenant's knowledge, previously used, by Tenant at the Property except for those Hazardous Substances used in the regular course of Tenant's business and in compliance with Environmental Laws; (2) that Tenant has obtained and maintained in full force and effect all material permits and approvals required under Environmental Laws for the conduct of Tenant's business at the Property (along with copies of those permits and approvals); and (3) that Tenant has no notice or knowledge of the presence of Hazardous Substances on the Property in violation of Environmental Laws. Landlord (and any potential landlords and mortgagees) are limited to a total of two (2) such requests per year for the Term of this Lease unless otherwise allowed by Tenant. If Tenant breaches its obligations under this Article, or if the presence of Hazardous Substances on the Property caused or permitted by Tenant results in contamination of the Property in violation of Environmental Laws, or if contamination of the Property by Hazardous Substances otherwise occurs for which Tenant is legally responsible, then Tenant shall indemnify, defend and hold Landlord, its officers, directors, shareholders, members, employees, trustees and agents harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitations sums paid in settlement or defense of claims, attorneys' fees, consultant fees and expert fees) that arise before or after the Lease termination as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitations, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local government agency or political subdivision or private party. Without limiting the foregoing, if the presence of any Hazardous Substances on the Property caused or permitted by Tenant results in any contamination of the Property in the violation of, or obligation under, Environmental Laws, Tenant, at its sole expense, shall promptly take all actions necessary to return the Property to the condition necessary to achieve compliance with Environmental Laws. Landlord shall not cause or intentionally allow the presence of Hazardous Substances in, on or under the Premises that would be in violation or create an obligation under Environmental Laws. Landlord agrees to indemnify, defend and hold Tenant, its officers, directors, partners, shareholders, employees and agents harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses which arise from the presence of Hazardous Substances in, on or under the Premises if caused or intentionally permitted by Landlord, its employees, agents or contractors. This indemnification of Tenant by Landlord includes, without limitation, costs in connection with any investigation of site condition on any cleanup, remedial, removal or restoration work required under Environmental Laws. The foregoing indemnity and obligations shall survive the expiration or earlier termination of this Lease. Landlord and its agents shall have the right, but not the duty, to inspect the Property, with reasonable notice and without interfering with Tenant's business, at any time to determine whether Tenant is complying with the terms of this Lease. THE INDEMNITY OBLIGATIONS ABOVE ARE INTENDED TO ALLOCATE RESPONSIBILITY FOR STATUTORY AND COMMON LAW NEGLIGENCE AND STRICT LIABILITY CLAIMS, AS WELL AS NEGLIGENCE, STRICT LIABILITY, AND ALL OTHER .CLAIMS ARISING UNDER ENVIRONMENTAL LAWS, INCLUDING CERCLA AND OTHER ANALOGOUS STATUTES. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Donation of Right -of -Way Parkway Plaza Partnership Turnpike Feeder Road and Winter Garden Parkway Resolution No. 12-036 BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: ITEM NO. VI-B-7 DATE: February 21, 2012 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: JoAnn Riley Property Acquisition Manager March 20, 1984 - The St. Lucie County Board of County Commissioners approved Resolution No. 84-36 granting site plan approval for a project known as Parkway Plaza. December 10, 1985 - St. Lucie County approved Minor Adjustment #1. June 8, 1992 - St. Lucie County approved Minor Adjustment #2. February 14, 2012 - Planning and Development Services Director through PDS Order No. 12-002 granted Minor Adjustment #3 to a Major Site Plan project known as Parkway Plaza. RECOMMENDATION: Staff recommends that the Board accept the Warranty Deed of Donation, authorize the Chairman to sign Resolution No. 12-036 accepting the Warranty Deed of Donation and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [ ] APPROVED [ ] OTHER [ ] DENIED [x] County Attorney: Daniel S. McIntyre [x] Originating Dept: JIMP JoAnn Riley CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals [x] Public Works: DoI�W, est [x) Road & Bridg • "" y !IT on Pa ley [x] County Surveyor: A/// Ron Harris [x] Engineering: y ichael Powley PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: February 21, 2012 SUBJECT: Donation of Right -of -Way Parkway Plaza Partnership Turnpike Feeder Road and Winter Garden Parkway Resolution No. 12-036 BACKGROUND: On February 14, 2012, the Planning and Development Services Director through PDS Order No. 12-002 granted Minor Adjustment #3 to a Major Site Plan project known as Parkway Plaza subject to conditions. Condition Number 1 of PDS Order No. 12-002 states, within 90 days of receiving site plan approval, the applicant, owner or assigns shall convey to St. Lucie County the road right-of-way for Turnpike Feeder Road and Winter Garden Parkway. We have attached the Warranty Deed of Donation executed by Parkway Plaza Partnership for your review and acceptance. RECOMMENDATION: Staff recommends that the Board accept the Warranty Deed of Donation, authorize the Chairman to sign Resolution No. 12-036 accepting the Warranty Deed of Donation and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, nn Riley Property Acquisition Manager S:\ACQ\WP\Right of Way Donations\Parkway Plaza\Agenda Memo ROW.wpd N PARKWAY PLAZA W E ,S. c w 'a p O W �O� Z a Z g = J EDEN RD - a0 Q P rxw :'•'.';Fits.._' o? .SPMN 0 0 O O Q w J� �P gP Q� Q of yA DISCLAIMER St. Luce County makes re, warranty, representation or guaranty as to gtecontent,sequence, accuracy timeliness, or wmpleleness fany ofthegeodate Information provided herein. 0 0.0050.01 0.02 0.03 0.04 There,d.r should not rely on the data provided herein for any reason. St. Lucie County explicaly disclaims any representations and wanantles,Including, without limitation, the Implied Miles varrantles of merchantability and fitness for a paRicular purpose. St. Lucie Count Shea assume no liability (or: 1. Any errors, omissions, or Inaccuracies In the Information provided regardless of how caused: or ].Any decision made or action taken or net taken by any person in reliance upon any Information or data famished hereunder. This Instrument Prepared By and Return to: — i St Lucie County Attorney's Office 2300 Virginia Avenue i Ft. Pierce, Florida 34981 L _ WARRANTY DEED OF DONATION THIS WARRANTY DEED OF DONATION, made this day of , 2012, by Parkway Plaza Partnership, A Florida General Partnership Under The Florida Uniform Partnership Act, whose address is % EC Norris Enterprises, 4731 N. A-1-A, Vero Beach, Florida, 32963-5401, hereinafter called Grantor, to SAINT LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982, hereinafter called Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to the instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires) WITNESSETH, That Grantor, for and in consideration of the sum of $1.00 and donative considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, donates, aliens, remises, releases, conveys, and confirms unto Grantee all that certain land, situate in St. Lucie County, Florida, to -wit: Tracts C, D and E of Parkway Plaza Plat No.1, as Recorded in Plat Book , Pages , Lying in Section 12, Township 34 South, Range 39 East, St. Lucie County, Florida. SUBJECT TO reservations, restrictions, rights -of -way and easements of public record, provided, however, that this reference shall not serve to re -impose any of the same. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to donate and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2012. (Execution of Grantor appears on the following three pages.) Warranty Deed of Donation Parkway Plaza Partnership (Parkway Plaza Site Plan) Page 1 of 4 IN WITNESS WHEREOF, said Grantor has signed and sealed these presents the day and year first above written., Signed, sealed and delivered in the presence of. - Witness: rr� STATE OF5Ctl� COUNTY OF V1 L Parkway Plaza Partnership, A Florida General The foregoing instrument was acknowledged before me this day of GL6r ar tb 2012, by Fume, A. (�xr�ar-c �'r� who is personally known to me or who has ioduced as identification. qLAV �r Prz b o ignature of Nota Type or Print Name of Notary TERRY L PRZ%YL® NOTARY RMUr, STATE OF 14 Commission Number (Seal) MY CAMTYOFWAYNE AMIN(i� MIRES Ate 2, 209s *********************** [ go to next page ] Warranty Deed of Donation Parkway Plaza Partnership (Parkway Plaza Site Plan) Page 2 of 4 Witness: Parkway Plaza Partnership, A Florida General Partnership Under The Florida Uniform Partnership Act By: 'RichlirQ. Ma lan, Individually and as Trustee STATE OF L g6cr) COUNTY OF pL Yl The foregoing insttrrumelntt was a knowle1ddgged before me this 2012, by P- C.:y, k Y `wkt DAl ay-' known to me or who has produc of Notary TERRY L. PRZYBYLO NOTARY PUBtA STATE OF ICI COUWYOFWAYNE My COMMMION EXPIRESAUPZ20t3 ACTING IN COUNTY OF Commission Number (Seal) *********************** [ go to next page ] day of �Zb rtkCLCJ who is personally as identification. L Prz�b.�(� e or Print Name o otary Warranty Deed of Donation Parkway Plaza Partnership (Parkway Plaza Site Plan) Page 3of4 Witness: STATE OF COUNTY OF The foregoing instrument was ac_n kfnowledged before me this 2012, by (� CItT ()i! / V0'66� nown to or who has produced Senature of Notary Parkway Plaza Partnership, A Florida General Partnership Under The Florida Uniform Partnership Act : BY E. Clifford Norris, Individually and as Trustee [D-1- day of who is person I as identification. 1(iCk;t + I Tc�zzolo Type or Print Name of Notary VICKI T. TOZLOLO iA Commission DD 754252 Commission Number (Seal) '-�;= Expires May 3, 2012 iPf °�`r, dTh T Fainhmmrxe8003867018 Warranty Deed of Donation Page 4 of 4 Parkway Plaza Partnership (Parkway Plaza Site Plan) that: RESOLUTION NO. 12-036 ARESOLUTION ACCEPTING A WARRANTY DEED OF DONATION ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, The foregoing WARRANTY DEED OF DONATION from Parkway Plaza Partnership is duly accepted on behalf of St. Lucie County this 21st day of FEBRUARY, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: S:\ACQ\WP\Right of Way Donations\Parkway Plaza\Resolution No. 12-036.wpd County Attorney 1 PDS Order No. 12-002 2 SPMN 820114328 3 4 AN ORDER GRANTING A MINOR ADJUSTMENT #3 5 TO A MAJOR SITE PLAN PROJECT KNOWN AS 6 PARKWAY PLAZA 7 8 WHEREAS, the St. Lucie County Planning and Development Services Director has 9 reviewed the application for site plan approval and reviewed the comments of the St. Lucie 10 County Development Review Committee on this application, and made the following 11 determinations: 12 13 1. In March 20, 1984, the St. Lucie County Board of County Commissioners approved 14 Resolution 84-036, granting site plan approval for a 30,200 square foot shopping center 15 known as Parkway Plaza on 2.86. acres of property in the CN (Commercial, 16 Neighborhood) Zoning District, located at the NE corner of Winter Garden Parkway and 17 Turnpike Feeder Road in St. Lucie County, Florida for the property described in Part B 18 below. 19 20 2. On December 10, 1985, St. Lucie County approved Minor Adjustment #1 to reduce the 21 size of the Phase 1 building from the originally approved 3,000 square feet to 2,118 22 square feet for a bank. 23 24 3. On June 8, 1992, St. Lucie County approved Minor Adjustment #2 for the first phase of 25 this project, providing for trees meeting code requirements along Turnpike Feeder 26 Road. 27 28 4. An application for Minor Adjustment #3 to the Major Site Plan project known as 29 Parkway Plaza has been received to decrease the building area by 7,980 square feet, 30 redesign the building and circulation areas, modify the phase lines , and identify a 31 proposed lot line allow for the replatting and separation of ownership within the 32 shopping center. 33 34 5. The Development Review Committee has reviewed the site plan for the proposed 35 project and found, with the proposed conditions, it meets the technical requirements of 36 the Land Development Code and to be consistent with the St. Lucie County 37 Comprehensive Plan. 38 39 6. The project will not have an undue adverse effect on adjacent property, the character of., 40 the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting 41 the public health, safety, and general welfare. February 14, 2012 SPMN 820114328 PDS Order No. 12 — 002 Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 7. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 8.. The project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 9. The project is to be served by adequate public facilities and services. 10.The applicant has applied for and received a Certificate of Capacity Exemption, a copy of which is attached to this order, as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the proposed Minor Adjustment #3 to the Major Site Plan project known as Parkway Plaza, is hereby approved as shown on the site plan drawings for the project prepared by Culpepper & Terpening, Inc., dated August 23, 2011, revised through December 7, 2011, and date stamped received by the St. Lucie County Planning and Development Services Director on January 9, 2012, subject to the following conditions: 1. Within 90 days of receiving this site plan approval, the applicant, owner or assigns shall -convey the road right of way for Turnpike Feeder Road and Winter Garden Parkway. Manner and form of conveyance shall be acceptable to the County Attorney. The sketch and legal description shall be prepared by a Florida licensed surveyor and mapper. 2. Prior to the issuance of any construction authorizations, the developer shall submit a recorded copy of an easement agreement for the ingress and egress as shown on the site plan for review and approval by the County Surveyor. 3. Prior to the issuance of the any building permit in Phase 2 or Phase 3, the developer or his assigns, shall provide an executed copy of a final utility service agreement with St. Lucie County Utilities, indicating all developer obligations associated with the particular phase of the permit. 4. Prior to the issuance of a building permit, in Phase 2 or 3 of Parkway Plaza, an abandonment permit is required for the septic tank per 64E-6 F.A.C, prior to closure of the tank on the particular phase under development. February 14, 2012 PDS Order No. 12 — 002 SPMN 820114328 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 5. Prior to the issuance of a building permit, the developer shall execute a Roadway/Sidewalk Improvement Agreement (Agreement) with St. Lucie County and submit a surety for the proposed public .improvements. The amount of surety shall be 115% of the engineer's estimate of probable cost. Form of surety shall be approved by the County Attorney. A St. Lucie County right of.way permit shall not be issued until the St. Lucie County Board of County Commissioners has approved the Agreement. 6. Prior to the commencement of construction for the proposed public improvements the developer's engineer shall submit detailed construction plans for review and approval by the County Engineer. 7. Prior to the issuance of a building permit for Phase 3, the applicant shall provide a revised truck/autoturn exhibit demonstrating satisfactory vehicular routing to the County Engineer. Redesign of the Phase 3 building may be required. 8. Prior to the issuance of a building permit for any buildings or structures within the project, the Planning and Development Services Planning Division must review and approve any proposed structure for consistency with Land Development Code Section 7.10.24. This shall include a site signage plan and elevation for review as required by Section 7.10.24.B.1. 9. Prior to the issuance of the first Certificate of Occupancy (CO), the developer shall provide a concrete sidewalk along the property line as indicated on the site plan. 10. The Major Site Plan approval granted under this resolution is specifically Conditioned to the requirement that the petitioner, including any successors in interest, shall obtain all necessary permits and authorizations, or notices of intent to issue same, from the appropriate Local, State, and Federal regulatory authorities prior to the issuance of any local building permits or authorizations to commence development activities; however, the preceding sentence shall not preclude or delay the issuance of local building permits or authorizations for development activities that are not dependent on the PRIOR issuance of State or Federal permits or authorizations, or notices of intent to issue same. If federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to St. Lucie County for review and approval as required by the Land Development Code. The applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. February 14, 2012 PDS Order No. 12 — 002 SPMN 820114328 Page 3 1 11. A tree protection plan shall be provided and approved by ERD prior to 2 construction commencement. This plan shall include root pruning methods for 3 preserved trees which will have impacts within the tree protection zone. If 4 improper methods result in the death of any tree proposed for preservation 5 mitigation at a ratio of 4:1 shall be required. 6 7 B. The property on which this Minor Adjustment to a Major Site Plan approval is being 8 granted is described as follows: 9 10 Being all of Lots 1 Thru 8, inclusive, Block 169, according to the Plat of Lakewood 11 Part — Unit 12A, as Recorded in Plat Book 11, Pages 35-37, Public Records of St. 12 Lucie County, Florida 13 14 Section 3 Township 34 Range 39E 15 Site Acreage: 2.86 (more or less) 16 Location: NE corner of Winter Garden Parkway & Turnpike Feeder Road 17 18 C. The approvals granted by this administrative order shall expire on February 14, 2014, 19 unless a building permit is issued or an extension is granted in accordance with the 20 provisions of Section 11.02.06 of the St. Lucie County Land Development Code. 21 22 D. The Final Site Plan approval granted under this Order is specifically conditioned to the 23 requirement that the property owner, successor and assigns in interest, shall obtain all 24 necessary development permits and construction authorizations from the appropriate 25 State and Federal regulatory authorities including, but not limited to; the United States 26 Army Corps of Engineers, the Florida Department of Environmental Protection, and the 27 South Florida Water Management District, prior to the issuance of any local building 28 permits of authorizations to commence development activities on the property 29 described in Part B. 30 31 E. This Order shall become effective upon the date of approval indicated below. Should 32 the property owner, developer or authorized agent wish to appeal any condition 33 described in Part A above, all such appeals must be filed in writing with the County 34 Administrator within 30 days of the rendering of this Order, as described in Section 35 11.02.03(B), St. Lucie County Land Development Code. Should an appeal to this 36 Order be filed, no permitting reviews or further administrative action shall take place on 37 the processing of this development project until the appeal is resolved. 38 39 F. A copy of this Order shall be attached to the site plan drawings described in Part A, 40 which plan shall be placed on file with the St. Lucie County Planning and Development 41 Services Director and mailed to the applicant and agent of record as identified on the 42 site plan applications. February 14, 2012 SPMN 820114328 PDS Order No. 12 — 002 Page 4 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. The conditions set forth in Part A are an integral nonseverable part of the -site plan approval granted by this Order. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this order shall become null and void. H. The Certificate of Capacity Exemption, attached as Exhibit A, shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity Exemption shall automatically terminate. I. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 14th Day of February, 2012. February 14, 2012 PDS Order No. 12 — 002 PLANNING AND DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA M. Mark Satterlee APPROVED AS TO FORM AND CORRECTNESS: County Attorney SPMN 820114328 Page 5 2 3 4 5 6 Exhibit A Certificate of Capacity Exemption February 14, 2012 PDS Order No. 12 — 002 Signed document to be inserted SPMN 820114328 Page 6 N` RESOLUTION NO. 84-36 A RESOLUTION GRANTING SITE PLAN APPROVAL FOR A PROJECT KNOWN AS PARKWAY PLAZA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida,.has made the following determinations: 1. A retail and office use project has been proposed for location on the west side of the Turnpike Feeder Road, north of Winter Garden Parkway, which project is to be known as Parkway Plaza. 2. The Site Plan Technical Review Committee has reviewed the site plan for the proposed project and has found it to meet all technical requirements, and to be consistent with both the existing zoning and with the future land use maps from the St. Lucie County Growth Management Policy Plan 3. The proposed project is consistent with the general purpose, goals, objectives, and standards of the Comprehensive zoning Resolution of St. Lucie County, the St. Lucie County Growth Management Policy Plan, and the Code of Ordinances of St. Lucie County. 4. The proposed project will not have an undue adverse effect on adjacent property, the character of,the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 5. All reasonable steps have been taken to minimize any adverse.effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. I OR BooK 4 ` PAGE 406 6. The proposed project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 7. The proposed project will be served by adequate public facilities and services. 8. The applicant has obtained from the St. Lucie County - Fort Pierce Fire Prevention Bureau written confirmation that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. 9. The proposed project complies with all additional standards imposed on it by the particular provisions of the Comprehensive Zoning Resolution of St. Lucie County authorizing such use and any other requirement of the Code of Ordinances of St. Lucie County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 7(20)G of the Comprehensive Zoning Resolution of St. Lucie County, the site plan for the proposed project to be known as Parkway Plaza be, and the same is hereby, approved as shown on the site plan drawings for the project prepared by J. P. Terpening Corporation, dated March 5, 1984, and date stamped received by the St. Lucie County Development Coordinator on March 5, 1984. B. A copy of the resolution shall be attached to the site plan drawings described in paragraph A, which plan shall be placed on file with the St. Lucie County Development Coordinator. BOOK 7 WE 40 After motion and second, the vote on this resolution was as follows: Chairman Maurice Snyder Absent Vice -Chairman R. Dale Tref elner Aye Commissioner E. E. Green Aye Commissioner Havert L. Fenn Aye Commissioner William B. Palmer Absent PASSED AND DULY ADOPTED this 20th day of March, 1984. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA y Chairman ATTEST: r Clerk BOX 42l PAGE 408 S1= O FLGRMN coutay Or Sr. IILB 70 WD- - SIGNWr Clerk of the Board of County.: Commissioners of the County and State aforesaid, does hereby certify that the above and foregoing is a true and correct copy of a resolution adopted by the said Hoard of County Commissioners at a meeting held on the X-O 4"' day of �, 1984. ' lESB hand and the seal of said Board this cz� PIZ day of : 1984. J Roger Poitras, Clerk of the Hoard of CMIty Oaawissioc:ers of St. Lucie C tity, Florida Deputy Clerk Orr. ;:.. �MAR23 5Z Ct.CP,K• C /� F' r 7 BOOK 427 PAGE 409 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Road Impact Fee Credit Agreement 12-001 Parkway Plaza Partnership BACKGROUND: . See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: ITEM NO. VI-B-8 DATE: February 21, 2012 REGULAR[] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [x] PRESENTED BY: JoAnn Riley Property Acquisition Manager March 20, 1984 - The St, Lucie County Board of County Commissioners approved Resolution No. 84-36 granting site plan approval for a project known as Parkway Plaza. December 10, 1985 - St. Lucie County approved Minor Adjustment #1. June 8, 1992 - St. Lucie County approved Minor Adjustment #2. February 14, 2012 - Planning and Development Services Director through PDS Order No. 12-002 granted Minor Adjustment #3 to a Major Site Plan project known as Parkway Plaza. RECOMMENDATION: Staff recommends that the Board approve the Road Impact Fee Credit Agreement 12-001 with Parkway Plaza Partnership, authorize the Chairman to sign the Agreement and direct staff to record the Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: []APPROVED [ ] DENIED [ ] OTHER Faye W. Outlaw, MPA County Administrator [x] County Attorney: Daniel S. McIntyre [x] Originating Dept: JW JoAnn Riley Review and Approvals t! [x] Planning & Dev. Services: Mark Satterlee [x] Bus. Dev. & Concurrency:� Michael Brillhart [x] County Surveyor: MVP sn� //R,on Harris [x] Engineering: MVP Michael Powley M PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: February 21, 2012 SUBJECT: Road Impact Fee Credit Agreement 12-001 Parkway Plaza Partnership BACKGROUND: On February 14, 2012, the Planning and Development Services Director through PDS Order No. 12-002 granted Minor Adjustment #3 to a Major Site Plan project known as Parkway Plaza subject to conditions. Condition Number 1 of PDS Order No. 12-002 states, within 90 days of receiving site plan approval, the applicant, owner or assigns shall convey to St. Lucie County the road right-of-way for Turnpike Feeder Road and Winter Garden Parkway. Staff has received a request for road impact fee credits from Parkway Plaza Partnership for the right-of-way donation. County staff has determined the right-of-way donation is eligible for credit against road impact fees as stipulated within Section 1-17-33.1.(c)(6) of the Code of Ordinances of St. Lucie County. The value of the property donated to the County is $26,314.00 as confirmed by the County Surveyor. The value is 120% of the 2010 assessed value as determined by the St. Lucie County Property Appraiser's Office, pursuant to Section 1-17-33.1.(c)(6) of the Code of Ordinances of St. Lucie County. Attached is a copy of a proposed Road Impact Fee Credit Agreement which, if adopted, would grant Parkway Plaza Partnership a credit against road impact fees in the amount of $26,314.00. RECOMMENDATION: Staff recommends that the Board approve the Road Impact Fee Credit Agreement 12-001 with Parkway Plaza Partnership, authorize the Chairman to sign the Agreement and direct staff to record the Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, 4JA n Riley Property Acquisition Manager S:\ACQ\WP\Right of Way Donations\Parkway Plaza\Agenda Memo RIF.wpd N 4,mae, dot� PARKWAY PLAZA W E S . W o c a ° c w o z N J Y EDEN RD P Q File.• ' o spMN:8Ci:1;143:•.',;:C;.;.;:;;:•. p O O W J� �P c�P QO �O ooF 2A DISCLAIMER St. Lucie County makes no warranty, representation orguaranty as to the content, sequence, accuracy timeliness, or completeness of any of the geodata Information provided here in. 0 0.0050.01 0.02 0.03 0.04 The reader should not rely on the data provided herein for any reason. St. Lucie County explicitly diadaims any representations and wanaMiea, inducting, wif . limitation, the Implied Miles anties of merchantability, and fitness for a paNcular purpose. St. Lucia County shall assume no liability for: 1. Any errors, omi,d,n,, or In —unties in the Information provkfed 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. 1 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 r @'0 'D a rCliil[J-1fD :.l Ll@)n 12-001 A ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE COUNTY, FLORIDA, AND PARKWAY PLAZA, PARTNERSHIP, A FLORIDA GENERAL PARTNERSHIP UNDER THE FLORIDA UNIFORM PARTNERSHIP ACT, IN CONSIDERATION FOR CERTAIN RIGHT-OF-WAY DEDICATIONS AT THE INTERSECTION OF WINTER GARDEN PARKWAY AND THE TURNPIKE FEEDER ROAD (SR-713) IN `UNINCORPORATED ST. LUCIE COUNTY. This Agreement is made and entered into as of this 215t day of February , 2012, by and between St. Lucie County, Florida, a political subdivision of the State of Florida, hereinafter referred to as "County" and Parkway Plaza Partnership, A Florida General Partnership Under The Florida Uniform Partnership Act, hereinafter referred to as "Parkway", whose address is % EC Norris Enterprises, 4731 N. A-1-A, Vero Beach, Florida, 32963-5401. WIT NESSETH: WHEREAS on February 14, 2012, Parkway received approval from the St. Lucie County Planning and Development Services Director, through PDS No. 12-002 for Minor Adjustment #3 to the previously approved Site Plan project known as Parkway Plaza, located at the intersection of Winter Garden Parkway and the Turnpike Feeder Road (SR- 713) in unincorporated St. Lucie County, and as more particularly described in the attached Exhibit A of this Agreement; and, WHEREAS, "Parkway" is seeking to replat the property described in the attached Exhibit "A" of this Agreement; and as part of that replat will be conveying to St. Lucie County portions of the property for the future right-of-way needs of Winter Garden Parkway and the Turnpike Feeder Road (SR-713) (see attached Exhibit "B"). WHEREAS, the County has adopted a "Roads Impact Fee Ordinance" which imposes impact fees relating to public transportation facilities; and, Impact Fee Credit Agreement— 12-001 Parkway Plaza (Lakewood Park) Page 1 February 21, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, "Parkway", is desirous of obtaining a credit against the required County Road Impact Fees due from the Parkway Plaza development site; and, WHEREAS, both Winter Garden Parkway and the Turnpike Feeder Road (SR-713) are part of the County's Roads Impact Fee Eligibility network; and, WHEREAS, this Board does hereby determine that the right-of-way dedications required from "Parkway" for Winter Garden Parkway and the Turnpike Feeder Road (SR-713) are non -site related right-of-way dedications and that such dedications are to the benefit of the County and public at large; and, WHEREAS, based on the provisions of Section 1-17-33:1(c) of the Code of Ordinances of St. Lucie County, the value of the dedicated right-of-way for Winter Garden Parkway and the Turnpike Feeder Road (SR-713), is computed as follows (refer to attached Exhibit "C"): Right -of -Way Value Computation parent parcel ID number(s) 1301-615-0044-000/5 (Winter Garden & Tpk Feeder Rd) assessed value (2010 tax year) $175,500 Land $175,500 Building $0 acres (before acquisition) sq ft (before acquisition) value acre (land) - (before acquisition) value sq ft (land) - (before acquisition) road impact fee credit area of acquisition parent property value (2010) value of area of acquisition @ 120% of appraised value to be determined as follows --- --- ($ .3.77 * 1.2) * 4,443 = X 1.07 acres 46,609 sq ft $164,019 per acre $3.77 per sq ft 0.102 acres 4,443 sq ft $164,019 / acre $3.77 / sq ft $20,076 credit amt. Right -of -Way Value Computation parent parcel ID number(s) 1301-615-0046-000/9 (Tpk Feeder Rd) assessed value (2010 tax year) Land $99,100 $99,100 Impact Fee Credit Agreement — 12-001 Parkway Plaza (Lakewood Park) Page 2 February 21, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Building acres (before acquisition) sq ft (before acquisition) value acre (land) - (before acquisition) value sq ft (land) - (before acquisition) road impact fee credit computation area of acquisition parent property value (2010) value of area of acquisition @ 120% of appraised value to be determined as follows --- --- ($ 3.73 * 1.2) * 1,394 = X $0 0.61 acres 26,572 sq ft $162,459 per acre $3.73 per sq ft 0.032 acres 1,394 sq ft $162,459 / acre $3.73 / sq ft $6,238 credit amt. COMBINED PARCEL VALUES NOW, THEREFORE, in consideration of the mutual covenants entered into be to be made and performed, and in consideration of the benefits to accrue to agreed as follows: Section 1 Incorporation by Reference. The above recitals are true and correct and made a part of this Agreement by reference. Section 2. Amount of Road Impact Fee Credit. Under the criteria set forth in Section 1-17-33.1 of the Code of Ordinances of St Lucie County, "Parkway" is entitled to a Roads Impact Fee Credit in the amount of twenty-six thousand, three hundred and fourteen dollars ($ 26,314.00) for the right-of-way dedications required for Winter Garden Parkway and the Turnpike Feeder Road (SR-713). Impact Fee Credit Agreement — 12-001 Parkway Plaza (Lakewood Park) Page 3 February 21, 2012 1 2 Section 3. Limitation of Credit/ Applicability 3 4 The credit established by this Agreement is limited solely to the property legally described in 5 the attached Exhibit "A", and is not transferable to any other property owned by "Parkway" 6 in the County. 7 8 The credit established by this Agreement may only be applied against Roads Impact Fees 9 and shall not be transferable as a credit against other impact fees imposed for purposes 10 other than roads. 11 12 "Parkway" acknowledges that, based on the provisions of Section 1-17-33.1 (b) (3) of the 13 Code of Ordinances of St. Lucie County, the Roads Impact Fee Credit not shall exceed the .14 total amount due for the County Roads Impact Fees, as may be required from the property 15 described in the attached Exhibit "A". 16 17 Section 4. Assignability of Credit. 18 19 "Parkway" may assign all or part of the credit described in Section 3 above to its successors 20 in title and interest to the property described in the attached Exhibit "A Such assignment 21 shall be by recordable written instrument. Before the assignment is effective, a copy of the 22 assignment shall be provided by "Parkway" to the County, at the address set forth below 23 and the original assignment shall be recorded in the public records of the County: 24 25 St. Lucie County Administrator 26 2300 Virginia Avenue 27 Ft. Pierce, Florida 34982 28 29 St. Lucie County Attorney 30 2300 Virginia Avenue 31 Ft. Pierce, Florida 34982 32 33 34 Section 5. Recordability of Agreement. 35 36 This agreement shall be recorded by the County in the public records of St. Lucie County 37 and shall be binding upon "Parkway" and any successors in interest and title to the property 38 described in described in the attached Exhibit "A". 39 40 Section 6. Termination of Agreement. 41 42 This agreement shall be effective until all of the Road Impact Fee Credits authorized under 43 Section 2 have been consumed through the issuance of a building permit, or similar 44 development approval. 45 Impact Fee Credit Agreement — 12-001 Parkway Plaza (Lakewood Park) Page 4 February21, 2012 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 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. Signed, sealed and delivered in the presence of: Attest: Deputy Clerk Board of County Commissioners St. Lucie County, Florida By: Chairman Approved 'as to Correctness and Form By: [ go to next page ] County Attorney Impact Fee Credit Agreement — 12-001 Parkway Plaza (Lakewood Park) Page 5 February 21, 2012 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Parkway Plaza Partnership, A Florida General Partnership Under The Florid niform APartnerActene A. Gargaro, Jr., I ividua an rustee STATE OF Ef)YiC�U.. COUNTY OF aA .Qn Rtk-e The foregoing instrument was acknowledged before me this day of 2012, by �l�lC 1e t\' �OCnrita 6 . 1 who is pwADI3 j nown to >xae or whoAs produced as identification. of Notary VICKI T. TOZZOLO .`NOR. Commission DD 754252 Commission Number (Seal) Expires 2012 mNimya ai3i MM&701e [ go to next page ] vzza /� or Print Name of Notary Impact Fee Credit Agreement — 12-001 Parkway Plaza (Lakewood Park) Page 6 February*', 2012 f-1 Witness: Parkway Plaza Partnership, A Florida General Partnership Under The Florida Uniform Partnership Act By. - ichard A. Ma ogian, Individually and 2 3 STATE OF -'ijC t"r0-n COUNTY OF The foregoing instrument was acknowledged before me this p'�(p ' day of JgiluCL(-q 2012, by �1MctAo Qot o who is personally k w to me or who as pro uced as identification. er L PrzL� LLIto Signature CwNbtary pe or Print Nam of Notary Commission Number (Seal) 4 5 6 7 ********************* 8 TERRY L. PRZYBYLO 9 NOTARY , STATE OF W CC)1 M OF WAYNE 10 AMMCOMMMIMI EXP9RESAuo2,2013 11 12 [ go to next page ] 13 14 15 16 17 18 19 20 21 22 23 Impact Fee Credit Agreement — 12-001 Page 7 Parkway Plaza (Lakewood Park) Februaryor,, 2012 ZI 1 2 3 4 5 Witness: STATE OFRco-aQL' COUNTY OF VA �aln Parkway Plaza Partnership, A Florida General Partnership Under The Florida Uniform Partnership Act By: gel--t� E. Clifford Norris, Individually and as Trustee The foregoing instrument was acknowledged before me this day of tsar 2012, by :l. It� X+(�'S who ispall kn n tom or who has produced as identification. n /• /©zzo/o Signature of Notary Type or Print Name of Notary ;tip f' VICKI T. 70ZZOL0 Commission DD 764252 �Of Expires May 3, 2012 A,P,,, � BaMedTh1uTMyFak1= mioe909. W7019 Commission Number (S Impact Fee Credit Agreement — 12-001 Parkway Plaza (Lakewood Park) Page 8 February.?; 2012 21 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 Exhibit A Legal Description Being all of Lots 1 Thru 8, inclusive, Block.169, according to the Plat of Lakewood Part — Unit 12A, as Recorded in Plat Book 11, Pages 35-37, Public Records of St. Lucie County, Florida Section 3 Township 34 Range 39E 2.86 (more or less) 130.1-6.15-0044-000/ 5 1301-615-0048-000/3 XX'X*X-X.XX-XX'XX-XXX/X 1301-61i-0046-000/9 1301-615-0046-010/2 XXXX-X-'X-XXXX-�XX/X 1301-6.15-0046-020/5 XXXX-XXX-XXXX-X.%X/.% .%XXX-XXX-XXX\-XXx/X Impact Fee Credit Agreement — 12-001 Parkway Plaza (Lakewood Park) Page 9 February 21, 2012 1 2 3 4 s 6 •E O cl Exhibit B (page 1) Parkway Plaza Re -plat 1110 a g §fi2 T A e i4a� Fryry n54F � m' IBEE lie@IAllll""L�.:eg�r-, IIA"�16a.111dIg1inG ilHl � S� s Impact Fee Credit Agreement — 12-001 Parkway Plaza (Lakewood Park) Page 10 February 21, 2012 1 2 3 4 6 7 8 9 10 Exhibit B (page 2) Parkway Plaza Re -plat Exhibit C Existing Parcel ID Map Impact Fee Credit Agreement — 12-001 Parkway Plaza (Lakewood Park) Page 11 February 21, 2012 1 2 130161500530001. 130161500010002• 130161600510007 / 130181500460 130161500480003 oa 130W600460102 130W500460009 ' '1 130101500440005 �\ 01 / �j130161500600003 `� Cd 130161500420001 130i61\5f i 130161500400007 0 ' 130761500550005 3 ' aara�l0 `owna�IVa7na Figure IV-6 Legend :7301.6,&0044000.6 :EUgeneq G9rgafo�}iRiOheld'A A1en0091g1 g -1301 DI6'W46.0049 Eu'geha'AGaI'garoJf!Richard AM3n0091m 11A ED Parkway Plaza 13D16,6opgap3a� EupeneA'GagarOJr/RlchaPoAM3n0agan Property ll�MapS F13016,6$A48.ODO-3 -Eugetleq ©at8arodilRlchardAM5n00glan '; 13D1.6"i6-OMGptp-2 .. _, Eupna 4 g4riwq 4 YE ClNtarif:NO. Section 0'1; Township 348; Range 39E r OF Parkway Plaza /.} CUL-EPPER G TERPENING, INC w & o ausr o c u ax c c >u ve ass Mnr. Adj. #3 to a Major Site Plan s Impact Fee Credit Agreement — 12-001 Parkway Plaza (Lakewood Park) Page 12 February 21, 2012 1. 1 PDS Order No. 12-002 2 SPMN 820114328 3 4 AN ORDER GRANTING A MINOR ADJUSTMENT #3 5 TO A MAJOR SITE PLAN PROJECT KNOWN AS 6 PARKWAY PLAZA 7 8 WHEREAS, the St. Lucie County Planning and Development Services Director has 9 reviewed the application for site plan approval and reviewed the comments of the St. Lucie 10 County Development Review Committee on this application, and made the following 11 determinations: 12 13 1. In March 20, 1984, the St. Lucie County Board of County Commissioners approved 14 Resolution 84-036, granting site plan approval for a 30,200 square foot shopping center 15 known as Parkway Plaza on 2.86 acres of property in the CN (Commercial, 16 Neighborhood) Zoning District, located at the NE corner of Winter Garden Parkway and 17 Turnpike Feeder Road in St. Lucie County, Florida for the property described in Part B 18 below. 19 20 2. On December 10, 1985, St. Lucie County approved Minor Adjustment#1 to reduce the 21 size of the Phase 1 building from the originally approved 3,000 square feet to 2,118 22 square feet for a bank. 23 24 3. On June 8, 1992, St. Lucie County approved Minor Adjustment #2 for the first phase of 25 this project, providing for trees meeting code requirements along Turnpike Feeder 26 Road. 27 28 4. An application for Minor Adjustment #3 to the Major Site Plan project known as 29 Parkway Plaza has been received to decrease the building area by 7,980 square feet, 30 redesign the building and circulation areas, modify the phase lines , and identify a 31 proposed lot line allow for the replatting and separation of ownership within the 32 shopping center. 33 34 5. The Development Review Committee has reviewed the site plan for the proposed 35 project and found, with the proposed conditions, it meets the technical requirements of 36 the Land Development Code and to be consistent with the St. Lucie County 37 Comprehensive Plan. 38 39 6. The project will not have an undue adverse effect on adjacent property, the character of 40 the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting 41 the public health, safety, and general welfare. February 14, 2012 SPMN 820114328 PDS Order No. 12 — 002 Page 1 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 7. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 8. The project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 9. The project is to be served by adequate public facilities and services. 10. The applicant has applied for and received a Certificate of Capacity Exemption, a copy of which is attached to this order, as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the proposed Minor Adjustment #3 to the Major. Site Plan project known as Parkway Plaza, is hereby approved as shown on the site plan drawings for the project prepared by Culpepper & Terpening, Inc., dated August 23, 2011, revised through December 7, 2011, and date stamped received by the St. Lucie County Planning and Development Services Director on January 9, 2012, subject to the following conditions: Within 90 days of receiving this site plan approval, the applicant, owner or assigns shall convey the road right of way for Turnpike Feeder Road and Winter Garden Parkway. Manner and form of conveyance shall be acceptable to the County Attorney. The sketch and legal description shall be prepared by a Florida licensed surveyor and mapper. 2. Prior to the issuance of any construction authorizations, the developer shall submit a recorded copy of an easement agreement for the ingress and egress as shown on the site plan for review and approval by the County Surveyor. 3. Prior to the issuance of the any building permit in Phase 2 or Phase 3, the developer or his assigns, shall provide an executed copy of a final utility service agreement with St. Lucie County Utilities, indicating all developer obligations associated with the particular phase of the permit. 4. Prior to the issuance of a building permit, in Phase 2 or 3 of Parkway Plaza, an abandonment permit is required for the septic tank per 64E-6 F.A.C, prior to closure of the tank on the particular phase under development. February 14, 2012 PDS Order No. 12 — 002 SPMN 820114328 Page 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 5. Prior to the issuance of a building permit, the developer shall execute a Roadway/Sidewalk Improvement Agreement (Agreement) with St. Lucie County and submit a surety for the proposed public improvements. The amount of surety shall be 115% of the engineer's estimate of probable cost. Form of surety shall be approved by the County Attorney. A St. Lucie County right of way permit shall not be issued until the St. Lucie County Board of County Commissioners has approved the Agreement. 6. Prior to the commencement of construction for the proposed public improvements the developer's engineer shall submit detailed construction plans for review and approval by the County Engineer. 7. Prior to the issuance of a building permit for Phase 3, the applicant shall provide a revised truck/autoturn exhibit demonstrating satisfactory vehicular routing to the County Engineer. Redesign of the Phase 3 building may be required. 8. Prior to the issuance of a building permit for any buildings or structures within the project, the Planning and Development Services Planning Division must review and approve any proposed structure for consistency with Land Development Code Section 7.10.24. This shall include a site signage plan and elevation for review as required by Section 7.10.24.13.1. 9. Prior to the issuance of the first Certificate of Occupancy (CO), the developer shall provide a concrete sidewalk along the property line as indicated on the site plan. 10.The Major Site Plan approval granted under this resolution is specifically Conditioned to the requirement that the petitioner, including any successors in interest, shall obtain all necessary permits and authorizations, or notices of intent to issue same, from the appropriate Local, State, and Federal regulatory authorities prior to the issuance of any local building permits or authorizations to commence development activities; however, the preceding sentence shall not preclude or delay the issuance of local building permits or authorizations for development activities that are not dependent on the PRIOR issuance of State or Federal permits or authorizations, or notices of intent to issue same. If federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to St. Lucie County for review and approval as required by the Land Development Code. The applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. February 14, 2012 PDS Order No. 12 — 002 SPMN 820114328 Page 3 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 11. A tree protection plan shall be provided and approved by ERD prior to construction commencement. This plan shall include root pruning methods for preserved trees which will have impacts within the tree protection zone. If improper methods result in the death of any tree proposed for preservation mitigation at a ratio of 4:1 shall be required. B. The property on which this Minor Adjustment to a Major Site Plan approval is being granted is described as follows: Being all of Lots 1 Thru 8, inclusive, Block 169, according to the Plat of Lakewood Part — Unit 12A, as Recorded in Plat Book 11, Pages 35-37, Public Records of St. Lucie County, Florida Section 3 Township 34 Range 39E Site Acreage: 2.86 (more or less) Location: NE corner of Winter Garden Parkway & Turnpike Feeder Road C. The approvals granted by this administrative order shall expire on February 14, 2014, unless a building permit is issued or an extension is granted in accordance with the provisions of Section 11.02.06 of the St. Lucie County Land Development Code. D. The Final Site Plan approval granted under this Order is specifically conditioned to the requirement that the property owner, successor and assigns in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities including, but not limited to; the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B, E. This Order shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal any condition described in Part A above, all such appeals must be filed in writing with the County Administrator within 30 days of the rendering of this Order, as described in Section 11.02.03(B), St. Lucie County Land Development Code. Should an appeal to this Order be filed, no permitting reviews or further administrative action shall take place on the processing of this development project until the appeal is resolved. F. A copy of this Order shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Planning and Development Services Director and mailed to the applicant and agent of record as identified on the site plan applications. February 14, 2012 PDS Order No. 12 - 002 SPMN 820114328 Page 4 G. The conditions set forth in. Part A are an integral nonseverable part of the site plan approval granted by this Order. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this order shall become null and void. H. The Certificate of Capacity Exemption, attached as Exhibit A, shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity Exemption shall automatically terminate. I. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 14th Day of February, 2012. PLANNING AND DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA Mark Satterlee APPROVED AS TO FORM AND CORRECTNESS: M. County Attorney February 14, 2012 SPMN 820114328 PDS Order No. 12 — 002 Page 5 1 2 3 5' 6 Exhibit A Certificate of Capacity Exemption February 14, 2012 PDS Order No. 12 — 002 Signed document to be inserted SPMN 820114328 Page 6 648'768 RESOLUTION NO. 84-36 A RESOLUTION GRANTING SITE PLAN APPROVAL FOR A PAOJECT KNOWN AS PARKWAY PLAZA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. A retail and office use project has been proposed for location on the west side of the Turnpike Feeder Road, north of Winter Garden Parkway, which project is to be known as Parkway Plaza. 2. The Site Plan Technical Review Committee has reviewed the site plan for the proposed project and.has found it to meet all technical requirements, and to be consistent with both the existing zoning and with the future land use maps from the St. Lucie County Growth Management Policy Plan 3. The proposed project is consistent with the general purpose, goals, objectives, and standards of the Comprehensive Zoning Resolution of St. Lucie County, the St. Lucie County Growth Management Policy Plan, and the Code of Ordinances of St. Lucie County. 4. The proposed project will not have .an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 6QOK PAGE 4u 6. The proposed project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 7. The proposed project will be served by adequate public facilities and services. 8. The applicant has obtained from the St. Lucie County - Fort Pierce Fire Prevention Bureau written confirmation that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. 9. The proposed project complies with all additional standards imposed on it by the particular provisions of the Comprehensive Zoning Resolution of St. Lucie County authorizing such use and any other requirement of the Code of Ordinances of St. Lucie County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 7(20)G of the Comprehensive Zoning Resolution of St. Lucie County, the site plan for the proposed project to be known as Parkway Plaza be, and the same is hereby, approved as shown on the site plan drawings for the project prepared by J. P. Terpening Corporation, dated March 5, 1984, and date stamped received by the St. Lucie County Development Coordinator on March 5, 1984. B. A copy of the resolution shall be attached to the site plan drawings described in paragraph A, which plan shall be placed on file with the St. Lucie County Development Coordinator. B0'01427 PIGE 407 After motion and second, the vote on this resolution was as follows: ATTEST: Clerk Chairman Maurice Snyder Absent Vice -Chairman R. Dale Tref elner Aye Commissioner E. E. Green Aye Commissioner Havert L. Fenn Aye Commissioner William B. Palmer Absent PASSED AND DULY ADOPTED this 20th day of March, 1984. BOARD OF COUNTY CONXISSIONERS ST. LUCIE COUNTY, FLORIDA Y — Chairman BOOK 427 PAGE 408 S%= Cr PLO= COUNTY CXF SP. IBM WffiiSIG'i-ED, Clerk of the Board of County Commissioners of the County and State aforesaid, does hereby certify that the above and foregoing is a true and correct copy of a resolution adopted by the Id Board of County Commissioners at a meeting held on the X0 V chy of Iz. 1984. hand and the seal of said Board this o2-7 day of 1984. Roger Poitrasp Clerk of the Board of amity Oammiseianers of St. Lucie Owntyr Florida 010 23 MOST Vita Sly Gr CGS1" '01 CLEVA C . " 427 PAGE 409 BOOK AGENDA REQUEST ITEM NO. VI-C1 DATE: 02/21 /12 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUAS14D ( ) CONSENT M TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke SUBMITTED BY: Human Resources/Risk Management Risk & Benefits Ma ger SUBJECT: CORIZON Health, Inc. Inmate HIV Medications Invoice for November, 2011. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board authorization for payment of CORIZON Health, Inc. invoice number CZN000010474 for HIV medications for the FY-2012 period of November 01, 2011 through November 30, 2011, in the amount of $50,827.25. COMMISSION ACTION: ( ) APPROVED ( ) OTHER County Attorney (X ) ( ) DENIED a CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst (Daniel S. McIntyre) Originating Dept. (X ) (Wifflarn Hoeffner) ERD �"B"Wor 4, (Name) Risk & Benefits Management MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Human Resources Director/Am "f FROM: Daniel J. Lutzke, Risk & Benefits Manage DATE: February 21, 2012 SUBJECT: CORIZON Health, Inc. Inmate "HIV Medications Invoice for November, 2011. ITEM NO. VI-C1 Background: CORIZON Health acts as a third party administrator for St. Lucie County jail inmate health care and manages, administers and pays for inmate HIV medications and off -site services from medical providers. CORIZON has submitted their Invoice Number CZN000010474 (Attachment A) in the amount of $50,827.25 and is requesting reimbursement from the County for November FY 2012 inmate HIV medication costs in accordance with F.S. 901.35 which states that the medical services provider shall be reimbursed from the general fund of the County when no other source of payment is available. Previous Action: December 20, 2011 — BOCC Approved payment of October FY-2012 HIV Invoice of $50,926.65. Recommendation Board authorization for payment of CORIZON Health, Inc. invoice number CZN000010474 for HIV medications for the FY-2012 period of November 01, 2011 through November 30, 2011, in the amount of $50,827.25. INVOICE Please Remit To: CORIZON HEALTH, INC 12464 Collection Center Drive Chicago 1L 60693 Customer: ST. LUCIE COUNTY SHERIFF'S DEPT. ATTN: TOBY LONG 4700 WEST MIDWAY ROAD FORT PIERCE FL 34981 For billing questions, please call: 800-729-0069 EXT:1338 Attachment - A Invoice: Invoice Date: Page: Customer No: Payment Due By: AMOUNT DUE: CZN000010474 January 30, 2012 1 of 1 98005 W1512012 50,827.26 Fed TIN # 23-2108853 For products and services rendered during the following dates: Beginning: 11/01/2011 Ending: 11/30/2011 Description Quantity Uom Unit Amt Net Amount HIV Meds for Nov'11 1.00 EA 50,827.25 50,827.25 Subtotal: AMOUNT DUE: Please Document Any Variations In Amounts Not Paid in Full 50.827.25 60,827.25 1. MONTHLY INVOICE St. Lucie County, FL Contract Year: October 1, 2011 through September 30, 2012 HIV Medications For the month ended: November 30, 2011 Aggregate Terms per Contract (backup attached): Annual Aggregate Limit: $ Annual Aggregate Total: $ 100% bill back over $ _ HIV Medication & Lab Costs - November 2011 $ 50,827.25 r AGENDA REQUEST ITEM NO. VI-C2 DATE: 02/21 /12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT M TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke SUBMITTED BY: Human Resources/Risk Management Risk & Benefits M ger SUBJECT: CORIZON Health, Inc. Inmate HIV Medications Invoice for December, 2011. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board authorization for payment of CORIZON Health, Inc. invoice number CZN000010475 for HIV medications for the FY-2012 period of December 01, 2011 through December 31, 2011, in the amount of $40,409.45. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER Coordination/Sianatures CONCURRENCE: Faye W. Outlaw, MPA County Administrator County Attorney (X) OMB Director (X ) Budget Analyst (YQA (Daniel S. McIntyre) (Marie Gouin) Originating Dept. ( X 111441 ERD ( ) (Willidin Hoeffner) (Name) Risk & Benefits Management MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Human Resources Director /J FROM: Daniel J. Lutzke, Risk & Benefits Manager 1' DATE: February 21, 2012 SUBJECT: CORIZON Health, Inc. Inmate HIV Medications Invoice for December, 2011. ITEM NO. VI-C2 Back -ground: CORIZON Health acts as a third party administrator for St. Lucie County jail inmate health care and manages, administers and pays for inmate HIV medications and off -site services from medical providers. CORIZON has submitted their Invoice Number CZN000010475 (Attachment A) in the amount of $40,409.45 and is requesting reimbursement from the County for December FY 2012 inmate HIV medication costs in accordance with F.S. 901.35 which states that the medical services provider shall be reimbursed from the general fund of the County when no other source of payment is available. Previous Action: December 20, 2011 — BOCC Approved payment of October FY-2012 HIV Invoice of $50,926.65. February 21, 2012 — BOCC Approved payment of November FY-2012 HIV Invoice of $50,827.25. Recommendation Board authorization for payment of CORIZON Health, Inc. invoice number CZN000010475 for HIV medications for the FY-2012 period of December 01, 2011 through December 31, 2011, in the amount of $40,409.45. C�RIZON INVOICE Please Remit To: CORIZON HEALTH, INC 12464 Collection Center Drive Chicago IL 60693 Attachment - A Invoice: Invoice Date:. Page: Customer No: CZN000010475 January 30, 2012 1 of 1 98005 Customer: Payment Due By: 3/15/2012 ST. LUCIE COUNTY SHERIFF'S DEPT. ATTN: TOBY LONG AMOUNT DUE: 40,409.45 4700 WEST MIDWAY ROAD FORT PIERCE FL 34981 For billing questions, please call: 800-729-0069 EXT.1338 Fed TIN # 23-2108853 For products and services rendered during the following dates: Beginning: 12/01/2011 Ending: 12/31/2011 Description Quantity uoM Unit Amt Net Amount HIV Meds for Dec'11 1.00 EA 40,409.45 40,409.45 Subtotal: AMOUNT DUE: Please Document Any Variations In Amounts Not Paid in Full 40.409.45 40,409.45 MONTHLY INVOICE y St. Lucie County, FL Contract Year: October 1, 2011 through September 30, 2012 HIV Medications For the month ended: December 31, 2011 Aggregate Terms per Contract (backup attached): Annual Aggregate Limit: $ _ Annual Aggregate Total: $ 100% bill back over $ _ HIV Medication & Lab Costs - December 2011 40,409.45 AGENDA REQUEST ITEM NO. VI-D1 DATE: 2/21/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITTED BY: Public Works/Engineering Division County Engineer MVIJ SUBJECT: Refund of Fair Share Contribution — Lennard Road PD&E Project BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 316001-4113-366930-4120 — 51' Cent Fuel -Capital PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to return the Fair Share Contribution of $52,000 to the developer. COMMISSION ACTION: ( ) APPROVED ( ) ( ) OTHER County Attorney `. ( x ) DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director h Budget Analyst Dani I McIntyre Originating Dept. ( x) Do ald West Finance (x ) Shai F nces Emilio Gonzalez.ag County Engineer Marie Gouin (x) il y210W Michael Powley �- Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director, FROM: Michael Powley, County Engineer mvp DATE: February 21, 2012 SUBJECT: Refund of Fair Share Contribution — Lennard Road PD&E Project ITEM NO. VI-D1 Background: In May 2005, the owner of a five -lot subdivision on the corner of Dyer Road and Silver Oak Drive paid a Fair Share Contribution for the paving improvements to support the development. This location lies within the limits of the Lennard Road federal project. As a small traffic generator, a sum of $52,000 was determined to be the appropriate share towards the paving improvements. Our Lennard Road federal project has been put on hold until 2021. Our previous federal funding contribution has been transferred to the Crosstown Parkway. While our federal eligibility remains, it will be necessary for us to procure new federal funding before commencing construction. A request to refund the monies of the Fair Share Contribution has been received. The ten-year period of the Fair Share Contribution Agreement expires in 2015. It states that if the funds are not expended or encumbered within that time frame then they shall be released upon written request. Recommendation: Board authorization to return the Fair Share Contribution of $52,000 to the developer AGENDA REQUEST ITEM NO. VI-D2 DATE: 2/21112 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITTED BY: Public Works/Engineering Division County Engineer mvp SUBJECT: Angle Road Sidewalk Project (Phases II and III) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Construction - 318-4113-563000-4702; Soil Testing - 318-4113-563009-4702; Inspection - 318-4113-563012-4702 County Capital Transportation Bond -Local Option Gas Tax PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board acceptance of the Angle Road Sidewalk Project (Phases II and III). COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( x ) 1+ OMB Director ( x ) D Ina el McIntyre Budget Analyst M 4je Gouin N Originating Dept. ( x ) County Engineer ( x) Don Id West Michael Powley Road/Bridge ( x )��Pp �'i D nald Pauley Angle Sidewalk2 & 3 accept project.ag Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director° FROM: Michael Powley, County Engineer Awl, DATE: February 21, 2012 SUBJECT: Angle Road Sidewalk Project (Phases II and III) ITEM NO. VI-D2 Background: The Angle Road Sidewalk Project Phase II (Orange Avenue to Avenue Q) and Phase III (Avenue D from Angle Road to North St. Lucie River Water Control District (NSLRWCD) Canal No. 2) is complete. The project was scheduled to be closed out on December 6, 2011, but was pulled because we belatedly learned of additional work at a road crossing that needed to be done. The additional work has now been completed. This project has been completed within budget. Of the 10% contingency, $42,247.66 of our $52,870.25 was spent. Staff has monitored the construction throughout and finds it to be in conformance to the plans and specifications. Previous Action: September 9, 2009 County Administrator approved the Seventh Amendment to Work Authorization No. 5 for a time extension through February 28, 2010. October 20, 2009 - Eighth Amendment to Work Authorization No. 5 with ICE for $18,075 for the Angle Road Sidewalk Project (Phase III Avenue D Extension). February 9, 2010 - Bid award to H&D Construction Co., Inc. in the amount of $493,022 for construction of the Angle Road Sidewalk Project, Work Authorization No.1 with Stanley Consultants, Inc. in the amount of $245,558.54 for construction management services, Work Authorization No. 38 with Dunkelberger Engineering & Testing, Inc. in the amount of $25,000 for soil testing services. July 20, 2010- Board approval to reject the contract with H&D Construction Co., Inc. and authorization for staff to rebid the Angle Road Sidewalk Project (Phases II and III). October 12, 2010 - Board approval of contract with SPS Contracting Inc. in the amount of $581,573 for construction of the Angle Road Sidewalk Project (Phases II and III). Recommendation: Board acceptance of the Angle Road Sidewalk Project (Phases 11 and III) ITEM NO. VI-D3 DATE: 2/21/10 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITTED BY: Public Works/Engineering Division County Engineer mvp SUBJECT: North Lennard Road Municipal Services Benefit Unit (MSBU) Offsite Drainage Improvements BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N. Lennard Road: 396-4115-563005-4502/Road; 397-4115-563005-38003/Water; 398- 4115-563005-38004/Sewe r PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board authorization to utilize emergency bidding procedures and waive the formal bidding process. COMMISSION ACTION: ( ) APPROVED ( ) ( ) OTHER DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (x) OMB Director (x ) Daniel McIntyre Budget Analyst Marie Gouin y 9 Y Originating Dept. ( x) Don$ Id West Lennard Rd Offsite Drainage Imp emergency.ag County Engineer (x) All VP Michael Powley TO: Board of County Commissioners THROUGH: Donald West, Public Works Director FROM: DATE: SUBJECT: ITEM NO. Background: Michael Powley, County Engineer February 21, 2012 Engineering Division MEMORANDUM t*11. MAP North Lennard Road Municipal Services Benefit Unit (MSBU) Offsite Drainage Improvements VI-D3 The North Lennard Road MSBU projects 1, 2, and 3, consisted of paving and drainage, water, and sewer improvements, respectively. The North Lennard Road 1 MSBU paving and drainage improvements constructed Tilton Road from Silver Oak Drive westward to Prima Vista Boulevard. Additionally, a portion of North Lennard Road was extended from the intersection of Tilton Road and Prima Vista Boulevard northward and connected to the existing portion in front of Savanna Ridge Elementary School just south of Kitterman Road. Shortly after Substantial Completion and the roadway was open for use, unseasonably heavy rain over a period of several weeks occurred. The groundwater staged up in response but failed to dissipate in a normal fashion. One difference was our paving and drainage construction. We have devised a plan to enhance the drainage system in order to accommodate offsite flows and eliminate the flooding problem. It is our request to declare an emergency per section 8.1 a.1 of the Purchasing Manual. This procedure will allow us to obtain three quotes to retain a contractor for this work because the work must be completed prior to June 2012 when the hurricane season begins. We will return to the Board after bidding for permission to award the project to the lowest responsive bidder. Previous Action: May 6, 2008 - Board approval of WA No. 1 to contract C07-07-459 with Nodarse & Associates, Inc. for soil borings for the North Lennard Road 1, 2, and 3 MSBU projects in the amount not to exceed $10,000. February 2, 2010 — Board adopted Resolution No. 10-046 levying assessments on properties within the North Lennard Road 1 and 2 MSBUs and authorizing the County Engineer to proceed with the project. July 27, 2010 — Board approval of WA No. 2 and No. 3 with Culpepper & Terpening, Inc., for construction inspection services, WA No. 41 with Dunkelberger Engineering & Testing, Inc. for soil testing and the contract award to Guettler Brothers Construction for the construction of North Lennard Road 1, 2, and 3 MSBUs. Recommendation: Board authorization. to utilize emergency bidding procedures and waive the formal bidding process. 0 AGENDA REQUEST ITEM NO. VI-D4 DATE: 2/21 /12 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.E. SUBMITTED BY: Public Works/Engineering Division County Engineer SUBJECT:- Bid No. 12-009 Harmony Heights Stormwater Phase I South BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 102001-3725-563000-42507 Drainage Maintenance MSTU Stormwater Management; 001519-5420-583000-500 Community Development Block Grant (CDBG) FY2008 Disaster Recovery PREVIOUS ACTION: See attached memorandum RECOMMENDATION: Board approval of bid award to Guettler Brothers Construction, LLC in the amount of $1,176,174 for construction of Harmony Heights Stormwater Phase I South, Work Authorization No. 3 with Milestone Construction Group. in the amount of $280,858 for construction management services, Work Authorization No. 53 with Dunkelberger Engineering & Testing, Inc. in the amount of $66,000 for soil testing services, establish the project budget and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) ( ) OTHER DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (x)� OMB Director Daniel McIntyre Budget Analyst Originating Dept. (x ) Housing & (x ) Community Svs. Harmony Heights Stormwater Ph I awa rd ona d West Beth Ryder (x) A*�d Marie Gouin County Engineer ( x ) I'Avp Michael Powley Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director `1 . (4 FROM: Michael Powley, County Engineer MVP DATE: February 21, 2012 SUBJECT: Bid No. 12-009 Harmony Heights Stormwater Phase I South ITEM NO. VI-D4 Background: Harmony Heights is located in northwest St. Lucie County between 41 st Street and 53rd Street. It is situated between two drainage canals: South Florida Water Management District (SFWMD) Canal 25 and Ft. Pierce Farms Water Control District (FPFWCD) Canal 1. The subdivision was developed before State water quality regulations were developed and, therefore, has poor stormwater conveyances and lack of stormwater treatment areas. The primary purpose of the project is cleansing and attenuation of stormwater to reduce fresh water and pollutants into the Indian River Lagoon. Detention ponds and swales are to be constructed within the Harmony Heights subdivision. On January 25, 2012, bids were received for Harmony Heights Stormwater Phase I South. Guettler Brothers Construction was the low bidder at $1,176,174 (Attachment A). The County will receive grant funds in the amount of $1,073,277. These funds will be expended in construction. Therefore, the construction management fees and the soil testing fees will be funded by County monies with the Drainage Maintenance MSTU Stormwater Management fund and the Community Development Block Grant FY2008 Disaster Recovery. The attached Work Authorization No. 3 with Milestone Construction in the amount of $280,858 is for construction management services (Attachment B) and Work Authorization No. 53 with Dunkelberger Engineering & Testing, Inc. in the amount of $66,000 is for soil testing services (Attachment C). The construction project budget will be established as follows: Construction (+ 10% contingency) $1,176,174 Construction Management $ 280,858 Soil Testing $ 66,000 Total Budget $1,523,032 Engineering Division Memorandum February 21, 2012 Item No. VI-D4 Page 2 Previous Action: March 6, 2007 — Board approved the First Amendment to Work Authorization No. 1 to the Contract for Professional Engineering Services related to Stormwater Management with Inwood Consulting Engineers for additional survey and geotechnical services for the Harmony Heights Stormwter Improvements Phase I project in the amount of $19,494.00. December 18, 2007 — Board approved the Second Amendment to Work Authorization No. 1 to the Contract for Professional Engineering Services related to Stormwater Management with Inwood Consulting Engineers for additional engineering services for the Harmony Heights Stormwater Improvements Phase I project in the amount of $16,136.00. June 8, 2008 - Board approve the Third Amendment to Work Authorization No. 1 to the Contract for Professional Engineering Services related to Stormwater Management with Inwood Consulting Engineers for archeological and historical services for Harmony Heights Stormwater Improvements Phase I in the amount of $9,826.19. March 3, 2009 - Board approve the Fourth Amendment to Work Authorization No. 1 (C06-04-239) to the Contract for Professional Engineering Services related to Stormwater Management with Inwood Consulting Engineers for additional surveying efforts for Harmony Heights Stormwater Improvements Phase I in the amount of $8,081.00, September 30, 2011 — County Administrator executed Work Authorization No. 1 (C09-10-663) with Inwood Consulting Engineers, Inc. in the amount of $47,715. Recommendation: Board approval of bid award to Guettler Brothers Construction, LLC in the amount of $1,176,174 for construction of Harmony Heights Stormwater Phase I South, Work Authorization No. 3 with Milestone Construction Group in the amount of $280,858 for construction management services, Work Authorization No. 53 with Dunkelberger Engineering & Testing, Inc. in the amount of $66,000 for soil testing services, establish the project budget and authorization for the Chairman to sign documents as approved by the County Attorney. te, erso� anci s. rac or, et vices: o ear ar-.en ons.ruc on ose: ops uc.ion .,: Bid e§cr> twn mts _.., st>:.:, nit R »,: ota nit-Total",nit ... nkt' ota mt . ota. ;<. item a . t3 .. . _ Price _ ,. Pr ce , ! Pace. ;.: Pri e _ _.. Price _ ri e_ , - . _ P C Price Pt a C Price.. Price " . QN MUM E Q 1, = $23 000.00 $23 000:00 10 750.00 $10 750.00 $20 000.00 20 000:00 6 925.00 $6 925.00 $11 000.00 11,000.00 _ . ,0.00 $950.00 ,00.0 500 , $5 $1,600.00$, $3,200.00 { ..a .-. - .:.. I 'i'IQI 'k ° 'ir. Qir ABA"•T�MENT QF. Il.QS7QNANi1 Wf�, == PQI L.. . ,y 3 . .:. - , ...•:-a'.. $12 000.00 $12 000.00 $14 000.00 $14 000.00 $21 000.00 $21 000.00 $14 853.00 $14 853:00 .. $12 750.00 $12,750.00 x s _ 18, A.„ 3 _ 3 $6,230.00 $6,230.00 $5 000.00 $5,000.00 $12,000.00 $12,000.00 $6,710.00 6,710.00 $20,000.00 320;000.00 R =B G: �� - .. : G i._U .r iz";"" ": "::_ 1, . $40,000.00 $40,000:00 25,000.00 $25,000.00 32;500.00 32,500.00 $24,557.00 $24,557.00 $27,000.00 $27,000:00 �% p „ a a x.,- _ mm�-5 '- 56.00 $1,680.00 $60.00 1,800.00 50.00 $1,500.00 $75.00 $2,250.00 $125:00 $3,750.00 gip_ � ;_ � � , :"'-` „ °` � �� .� t; > �. • �- � "�'��' $48,580.00 $48;580.00 95 000.00 $95,000.00 $75;000.00 $75,000.00 $162,703.95 $162,703.95 $267,100.00 $267,100.00 ", 8.75 $127 750.00 10.00 146 000.00 $5.35 $78 110.00 10.86 $158 556.00 $6.75 98;550.00 €'. 'y r • _� __ . �s .t , g _ �:` 10.00 $95.00 $11,000.00 $85,500.00 $4.50 $87.00 $4,95000 $78,300:00 $5.25 i06.28 $5,775.00 $95,652.00 $8.86 105.50 $9,746.00 94;950.00 7.60 $100.00 $8,360.00 $90,000.00 5_) _- ,.- '. v Cg= 4 x_<� f 170 4 r, 1T71tr::. �TQ x� $125.00 106 250:00 124.00 $105 400.00 $143.61 $122 068.50 $155:10 $131 835.00 $128.00 $108,800.00 00. $7 00 $3,500.00 $550,00 2 750.0 $ , 0 6 50.00 3 250.00 $ , 5 10.00 _ 2 550.00 $ , 600.00 $3 000.00 CAS1H , x : -" $310:00 $12,400:00 $630.00 25,200.00 650.00 26,000.00 395.00 $15,800.00 $225.00 $9,000.00 l0 1 A: ..:-� $360.00 - $14,400.00 $600.00 $24,000.00 $625.00 25,000.00 _ $385.00, $15,400.00 $575.00 $23,000.00 g ,: ..,. ,: t ... i M1 ;. x.,.n iy- >5_ •� ;; F ub WOM WF p= , =� = = `. $2,000:00 $28,000.00 $2,730.00 $38,220.00 2,577.88 36,090.32 $2,116.00 $29,624.00 $2,600.00 $36,400.00 A - - , 2 700.00 $5 400.00 > $4 500.00 9 000.00 . $3 141.63 ,42 . $6 283.26 $3 543.00 $7 086.00 3 500.00 $7,000.00 R , .r" t,. . {i'' _ bra Igp TT3 ��IQ _ - .: ,k __k.,:;� 2f 000.00 $4,000.00 $3,150:00 6;300.00 3, 8.63 2 6,857. 6 4 $2,81 .00 62 . 0 $5, 8.0 20 :00 $3, 0 6 400.00 $ , �1-0� 5 1- ) 2,050:00 $4,100.00 $2,450.00 $4,900.00 $2,567.63 5,135.26 . $2,116.00 $4,232.00 $2,600:00 $5,200.00 tS, , 5 1 _ .. . • k :-__ •t -'r -,` j.. ° .z ,= i : 2,170.00 $13;020.00 $2,730.00 $16,380.00 $2,588.13 $15,528.78 $2,190.00 $13,140.00 $2,600.00 $15;600.00 , k 4 TMOUTFir . ODIP .g_ fv4.24 $2 000.00 $8 000.00 $2 520.00 10 080.00 $2 690.63 $10 762.52 $2 109.00 $8 436.00 $2,600.00 $10,400.00 T, '? r _ ° r.. $8,000.00 $16000.00 $8,309.00 --T2-,400QV 16,600.00 $8,159.00 16,318.00 $7988.00 $15,976.00 $8,700.00 $17,400.00 $2,090.00 ! $20,900.00 _ $24,000.00 $2,393.38 23,933.80 $1,740.00 $17,400.00 $2,200.00: $22,000.00 . -T"' ._ .!S'-v vl:.y -:I' 2 2-6 + g 8 ai4)a vL° _ _; _ � A° y $13,250.00 $3,400.00 $17,000.00 $2,941.75 $14,708.75 $2,355.00 $11,775.00 $3,000.00 $15,000.00 _` $Sw 36.00 $13,464.00 $50.0.0 18,700.00 48.95 $18,307.30 $80.50 $30,107.00 $37.00 - $13,838.00 n: $29.00 ; $19,169.00 $35.00 23,135.00 $38.29 25,309.69 30.50 $20,160.50. $30:00 $19,830.00 �� g -, rj ..: x : w 30 17A18 x z r� _� L, - _ $ 31.00 $ 42 005.00 38.00 51 490.00 $ 42.59 $ 57 709.45 $ 36.95 $ 50 067:25 $ 33.00 $44 715.00 ,- t _Tl<r LL 39.00 $14,430.00 $4.7.00 17,390.00 $51.61 $19,095.70 49.40 $18,278.00 $39.00 $14,430.00 .: ,' 4r:_ 51.00 1,530:00 $57.00 $1,710.00 65.19 $1,955.70 $61.05 $1,831.50 $50.00 $1,500.00 . - }# ter; , ,- ,- �q ? t s 30 1751 d r: £ L d $33.00 $40 590.00 $52.00 63 960.00 46.44 57 121.20 $69.60 $85 608.00 $40.00 49,200:00 3T1-.4v.;, l,Y,JR ".S 3 E-:>,£F.._. ;}��_ 3 $38.00 $14,098.00 54.00 20,034.00 45.77 $16,980.67 45.76 $16,976.96 $39.00 $14,469.00 __ ,A 5,616.00 $63.00 $6,804.00 $60.07 $6,487.56 $60.00 $6,480.00 $42.00 $4,536.00 $650.00 $1,300.00 $1,300.00 $896.88 $896.88 $656.00 $656.00 $700.00 $700.00 3p fi23 k _1f y ,:r, �sy : , s $500.00 $15,000.00 $800.00 24;000.00 635.50 $19,065.00 $347.00 $10,410.00 $575.00 $17,250.00 753.38 4,520.28 $388.00 $2,328.00 $625.00. $3,750.00 3p-g$4 b g 17(( ;2p^ g^,�thq)_, fir_ LL �: �k$ - `._x _ 3c $750.00 $1,500.00 $1,125.00 2,250.00 $907.13 $1,814.26 $667.00 $1,334.00 $650.00 $1,300.0 p 3 (11 1,050.00 $1,400.00 $1,400.00 1,219.75 $1,219.75 $657.00 $657.00 $700.00 $700.00 o yy„ TF t y _ ,}$1,050.00 55 1 • _ ,„� a _ _- -" :. a $12;660.00 $12,660.00 $8;500.00 8,500.00 722,500.00 $22,500:00 $20,250:00 $20;250:00 25,550.00 $25,550.00 14 72Aii�iE3(IIQ itx ,, ` r„yv �, wY;, .„ ° j :s , _- $28.00 $28,000.00 $14.00 $14,000.00 14.50 $14,500.00 $16.50 $16,500.00 $20.00 $20,000.00 $10.00 $240.00 $13.00 312.00 15.00 $360.00 $20.00 $480.00 $9.75 $234.00 r 32,700.00 29.00 $31,610.00 $35.15 $38,313.50 $27.00 $29,430.00 24 1.4.9A+T_ ;_' _- ( ~ 9 :' • $27.00 $162.00 $40.00 $240.00 $29.00 $174.00 $39.42 $236.52 $27.75 $166.50- _ °a? _ . MOD":s 87.00 $31,320.00 $100.00 $36,000.00 $107.17 $38,581.20 $102.00 36,720.00 $110.00 $39,600.00 70 1 2 1? $34,800.00 $34,800.00 $32,000.00 $32,000.00 $42,500.00 42,500.00 $36,498.00 $36,498.00 $42,000.00 $42,000.00 gpw2pI� �4 � , � P,- -£ ,� _ �.�;e 12y��s : -�•�„ ��, k ��; � �_ s��� * �:� _���.. �1�� $220.00 $660.00 $335.00 $1,005:00 236.50 $709.50 $2;03.50 $610.50 $185.00 $555.00 11 11=� i1 ' 3 � ,,fig •_> � �,�� ,;�4, ; - � °_ �� � '-� �; � $4,740.00 . 9,480:00 $5,000.00 $10,000.00 $5,111.04 $10,222.08 $4,950.00 $9,900.00 $5,200.00 $10,400.00 , , ,Q�L;d,.l�+ , _�._;, � .T�tl • ,�uQTrilf4.. ,ka` IMME -i ...= $0.90 $126.00 1.00 $140.00 $0.99 $138.60 $2.97 $415.80 $2.70 $378.00 7 �, C °. P k �- NOW , ,�, �. ,�`..3 �. .>< ' -' �: $2.75 247.50 $3.00 $270.00 - $3.03 $272.70 $4.18 $376.20 $4.00 $360.00 _- $4,740.00 $948.00 $5,000.00 $1,000.00 5,111.04 $1,022.21 $4,950.00 $990.00 $5,200.00 $1;040.00 $1,210.00 968.00 $1,250.00 1,000.00 $1,306.80 $1,045.44 $2,310.00 $1,848.00 $1,675.00 $1,340.00 Y .. 199 # 2,430.00 $2,430.00 1,000.00 1,000:00 $3,987.25 $3,987.25 $2,000.00 $2,000.00 $5,000.00 $5,000.00 $17,350.00 $17,350.00 $15,000.00 $15,000.00 $25,000.00 $25,000.00 $18,000.00 $18,000.00 $15,000.00 $15,000.00 gg g ' P uA�Q�Qpy3 jMn., r } t t ¥ fQ 50.00 : $2,600.00 $600.00 $2,400.00 $2,419.00 $305.00 $1,220.00 $455.00AI $8 ,20.00604.75t8 t88 2i AgIli fail-}} t y°mow 3 h ,s A *z11 $4,790.00 $4,790.00 $4,000.00 4,000.00 $3,008.38 $3,008.38 $2,900.00 $2,900.00 $3,000.00 $3,000.00 88=3A - ., i )t . _ �# s:.x „ _ $21.00 $4,242.00 $33.00 $6,666.00 $35.26 $7,122.52 $50.00 $10,100.00 $24.00 $4,848.00 M8 4A `; i 11.00 2,123.00 9..00 1,737.00 10.92 2,107.56 $20.00 $3,860.00 7.00 1,351.00 $1 730.00 $1 730.00 $1 000.00 $1 000.00 $2 039.75 $2-039.75 $3 050.00 $3 050.00 $1 500.00 $1 500.00 _ :_ x _,= r.- :. _ _ $3,030.00 $3,030.00 $3,300.00 $3,300.00 $3,377.38 $3,377.38 $3,593.00 3,593.00 $3,200.00 $3,200.00 _ 388.7A ;hlT3P�hY?, •; ,u '�� ;;E n0 £ $2,180.00 2,180.00 $375.00 $375.00 $1,014.75 $1,014.75 $1,500.00 $1,500.00 $500.00 $500.00 - _ - 1 ) ) f ) • ) ) • ) ) • ) 1 ons ruc ion contingency Allowance o of base i x _Ic- f ) ) f 9755 Al IAUNIVItIVI A e vm us_ ommun� sp a, uns me an estgn . Description umts' st Item nd ota„ nit ' ota _, utt ota <; (jaa4hty, Pnce '. Pace Pric P.'"ce 12 60t� 14 A a it itM�4 TiQ _Sl1N 11T1 i F _N %BABA£TElv�iklT OF ERfJSIQN ANi3 WALBRl �1LJ� #TIt N i 'f, a Lz $36,225.00 $36,225.00 $11,734.00 $11,734.00 $38,713.00 $38;713.00 16,500.00 $16,500.00 $6,816.00 6,816.00 $5,676.00 $5,676.00 0 7 1�AQ k - tt�; $63.00 $1,890.00 174.00 $5,220.00 $161.07 4,832.10 su. �: $102,900.00 102,900.00 $143,000.00 $143,000.00 $103,517.00 $103,517.00 i0w= I57QS = A111 A88 €f #' "a $3.85 $58,520.00 3.10 $47;120.00 8.28 $125,856.00 T3 1iU iHE1 tilt B } ) 3 r a 3 $9.60 140,160.00 10.00 $146,000.00 9.91 $144,686.00 7y� w n s 13} �y s� .ter' $19.80 $21,780.00 $7.60 8,360:00 $6.00 $6,600.00 1 ON lA = T $126.00 $113,400.00 100.00 $90,000.00 158.65 $142,785.00 '7 7} C�siTLLL+IfliR I111HC 11)3) Cps �5) x'{ 5 1 { f_ $168.00 142,800.00 128.00 $108,800:00 $161.92 137,632.00 1 1 e a� Q # 560.00 $2,800.00 539:00 $2,695.00 $743.40 $3,717.00 A�$ U� )NCr �` 'fl $107.00 $4,280 00 $1,024.00 $40,960.00 277.02 $11;080.80 :shy. $495.00 $19,800.00 $1,293.00 $51,720.00 $277.02 $11,080.80 S 5 - Mol fry $1,797.00 $25,158.00 $2,696.00 $37,744.00 $2,837.31 $39,722.34 'S"� $2,752.00 $5,504.00 4,459.00 $8,918.00 3,617.88 $7,235.76 i4m(?10' 5, $1,794.00 3,588:00 $2,437.00 $4,874.00 $2,775.36 $5,550.72 $1,818.00 = $10,908.00 $2,696.00 $16,176.00 $2,824.92 $16,949.52 S 1 59 134E}{+IQDjFIEL}) $'r �F� $1,746.00 6,984.00 2,489.00 $9,956.00 2;676.24 10,704.96 'S 1 } q'} �•; x, $7,408.00 $14,816.00 $8,191.00 $16,38100 $13,232.5F $26,465.04 $1,926.00 $19,260.00 $2,385.00 23,850.00 2,428.44 $24,284.40 01Pill Q L�4 C ) = �* ')M,y Y Y $31.90 $21,085.90 35.00 $23,135.00 $16.09 $10,635.49 218 = i_, fl„ s ',4 9 $38.35 $51,964.25 37.00 $50,135.00 1938 $26,259.90 $51.00 $18,870.00 $46.00 $17,020.00 31.54 $11,669.80 0 1. ksOpAl RIM' F K $72.30 2,169.00 $57.00 $1,710.00 $68.15 $2,044.50 '4 { .P) CUL} C) - :_k $43.70 53,751.00 51.00 62,730.00 $45.84 $56,383.20 $) * 3 x f $36.80 $13,652.80 $53.00 $19,663.00 $48.57 $18,019.47 $53.40 5,767.29 $62.00 6,696.00 $77.56 $8,376.48 Q-982 t2 a I3 ETI1.Clt}`I1I : )19"30 Cl])Cl4}#� ,��LA 4�Q €; $483.00 $483.00 $1,296.00 1,296.00 1,116.44 1,116.44 0 f2 ,„xl (14 $250.00 $7;500.00 $804.00 $24,120.00 $572.97 17,189.10 0 6�3 1§ A1b' 2 ° F {i j h k �0 d $297.00 $1,782.00 $892.00 5,352.00 $688.44 $4,130.64 0 984K629 I1 ._�.IO €_U ikkl) 2Q°x28"D(14 _' a ;t $450.00 $900.00 $1,109.00 2,218.00 1,019.25 $2,038.50 9 0 633 f k t g $713.00 $713.00 $1,400.00 1,400.00 1,260.61 1,260.61 S ,lei AV �. r� M ,: $13,570.00 $13,570.00 $18,684:00 $18,684.00 $63,144.00 $63;144:00 EGMII}y.{ = _ _ €_ $b, aQ� 66.00 $66,000.00 $12.00 $12,000.00 $23.43 $23,430.00 22.00 $528.00 $26.00 624.00 $17.29 $414.96 $35.00 $38,150.00 $59.00 64,310.00 $43.65 $47,578.50 1.49A $48,240:00 $99.00 $35,640.00 $124.35 $44,766.00 $349.80 $1,049.40. 223.00 $669.00 $258.63 775.89 YQ 0-l�� _ m f } $20.00 $980.00 $223.00 $10,927.00 $258.63 $12,672.87 } Sys ' $811.80 $150.00 900:00 $104.85 $629.10 ] 11 L_11 { „ILi$ .: _ 31V1 z fS,IAA1i3�PSQLI[3 t �4' ��a a $5,401.00 $10,802.00 $4,818.00 $9,636.00 $7,269.60 $14,539.20 1 1 4 � sf► � � x� � �f �� t � �•�w � % $4.05 364.50 2.90 $261.00 $5.59 $503.10 1�17 211 THEIQiTt 1?irM Q3,�°: umAR1iYEL[.,"_ .. ., „_ ._ k`,z.a• f Q4 $5,401.00 $1,080.20 $4,818.00 963.60 $7,269.60 $1,453.92 J 1,331.00 $1,064.80 $1,232.00 $985.60 $2,341.65 $1,873.32 r98 " ' L,0 $2,500.00 $2,500.00 $5,300.00 $5,300.00 $1,276.00 $1,276.00 !9 1ZJEG1 STtiON]IC� _ s _ QQRU , €I fl1T 1 , , ,_. a $29,348.00 29,348.00 $29,990.00 $29;990.00 $6,780.00 $6,780.00 $235.00 $940.00 $575.00 $2,300.00 $435.57 $1,742.28 18 2A _ a -r"x6, Ft1EPI1?rLStxY#fLiAL rl y , $1,397.70 $1,397.70 $3,888.00 $3,888.00 $3,479.1.1 $3,479.11 18 3A $21.35 $4,312.70 $33.00 $6,666.00 $28.89 $5,835.78 $6.00 $1,158.00 $8.30 $1,601:90 $11.12 $2,146.16 18 SA z �. Q A } $555.50 $555.50 $959.00 $959.00 $1 266.58 $1 266.58 t8,6 f• _ F=. :. _ $3,295.60 $3,295.60 $3,214.00 $3,214.00 $5,070.24 $5,070.24 I 7A"- 1Bv1 M-ANTYAL ' l € ) f Construction Uontingency Allowance o of base € 0�1� Ulf= i ; CI ." shut -'SQ= daltt1 " r n � a, ' n x - : ' + � ��„�.-.• a1 ATTACHMENT B A WORK AUTHORIZATION NO. 03 CONTRACT C09-06-296 FOR CONTINUING PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES THIS WORK AUTHORIZATION is made as of the day of , 2012 by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and MILESTONE CONSTRUCTION GROUP, LLC, hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on June 23, 2009, the COUNTY entered into a Consulting Agreement (Contract No. C09-06-296), hereinafter referred to as "Contract" with the CONSULTANT to provide continuingprofessional construction management services; and, WHEREAS, pursuant to the Contract, the CONSULTANT is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The COUNTY has determined that it would like to complete a project described below: HARMONY HEIGHTS STORMWATER IMPROVEMENTS PHASE I — SOUTH SECTION (hereinafter referred to as "the Project".) 2. SERVICES: The COUNTY has determined that it would like to utilize the services of the CONSULTANT in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C09-06-296). The services to be provided by CONSULTANT on the Project shall be for those as outlined in the Page 1 of 3 Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto as Exhibit "C" which are attached hereto and made a part of this work authorization and incorporated herein. 3. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall be billed on an hourly basis, and shall not exceed a total amount of Two Hundred Eighty Thousand Eight Hundred Fifty Seven Dollars 77/100 ($280,857.77) as further detailed in Exhibit "B". 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work within two hundred ten (180) calendar days from the written Notice to Proceed, as further described in Exhibit "C'. C. If the work is not fully completed according to the terms of the Contract and within the time limits stipulated herein, it is hereby acknowledged that the COUNTY will suffer damages which are not capable of ascertainment or calculation, and therefore the CONSULTANT shall pay the COUNTY, as liquidated damages, a sum of Fifty Dollars ($50.00) for each day following the required completion date, until the date upon which actual completion occurs. d. The period herein above specifiedfor project completion may be extended by such time as shall be approved by the County Administrator or her designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. e. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the CONSULTANT, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the CONSULTANT under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple copies, each of which shall be considered an original on the following dates. Page 2 of 3 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: MILESTONE CONSTRUCTION GROUP, LLC I-_yq Print Name: Title: Page 3 of 3 MILESTONE CONSTRUCTION GROUP, LLC EXHIBIT A SCOPE OF WORK PROJECT DESCRIPTION Construction of Drainage improvements in St. Lucie County as part of the Harmony Heights'Stormwater Improvements Phase I - South Section project. The project involves the construction of a stormwater collection system and ponds in the Harmony Heights neighborhood. The project includes, but not limited to, the construction of pipe culverts systems, catch basins, and roadway. I. CONSTRUCTION CONTRACT ADMINISTRATION PHASE This phase includes the administration of the construction contract. The Engineer shall provide Construction Engineering and Inspection (CEI) and EEO Compliance services for the project. The CEI services shall include field observation, coordination and meetings with the contractor, City, Public utility and field testing companies, review of change orders, contractor's monthly pay requests, schedules, shop drawings review, preparation of project progress reports and coordination of permit conditions and compliance, as listed below: 1. For the construction period, provide a part-time construction manager and a full-time construction inspector to observe the construction work performed by the contractor for all aspects of the project work effort. 2. Prepare a monthly construction progress report that will be submitted concurrent with the contractor's payment draw request, along with the contractor's schedule. The report will include recommendation of payment to the contractor, and denote any areas in which the contractor may be falling behind the proposed construction schedule. 3. Review and advise the County of shop drawings which are defined for purposes of this Contract as all drawings, diagrams, illustrations, brochures, schedules and other data prepared by a contractor, subcontractor, manufacturer, supplier, or distributor which illustrates the equipment, material or some portion of the work to be used during the construction of the project. 4. Review and advise the County of the acceptability of substitute materials and equipment proposed by the contractor. LESTON E NSTRUCTION GROUP, LLC 5. Conduct an inspection to evaluate if the work has been completed by the Contractor in accordance with his contract agreement with the County, and if the Contractor has fulfilled all of his obligations there under. The Engineer will make written approval and recommendations to the County concerning the disposition of final payment to the Contractor. 6. Provide certification of completion to the appropriate jurisdictional agencies. 7. Coordinate, review and approve record drawings, clearance, and turnover package of all fixtures and improvements. 8. Coordinate and attend the 1-year warranty inspection. The EEO Compliance services include monitoring, interviewing and providing all paperwork to comply with the FDOT's EEO policies in accordance with the Contract Documents and Florida Statutes. The EEO Specialist for this project will be a sub - consultant to Milestone Construction Group, LLC. 9. For the construction period, provide a part-time EEO Specialist to interview project personnel and complete appropriate paperwork for the project EEO requirements. 10. Prepare a monthly report that will be submitted concurrent with the contractor's payment draw request that will confirm compliance with EEO contract requirements. EXHIBIT B Payment for services provided by Engineer, pursuant to this Contract, to be provided on a monthly basis, based upon the percentage of work completed in accordance with the fees set forth in this section. In the event that the task assignment requires modification by the County, then the amount due the Engineer shall be an amount equal to the base fee, plus the amount of hours properly charged, multiplied by the appropriate employee hourly rate, as set forth in the continuing service contract. If there are no changes to the contract, the Contract amount shall not exceed $280,857.77 for CEI and EEO services without an approved change order. Any hours not required for the construction of the project will not be billed to the County. Roadway and Utility Improvements: CEI for Roadway Reconstruction ( 180 Days) 60-32 1 Part Time Construction Manager, P.E. $172,980.00 1 Full Time Resident Project Inspector $82,560.00 1 Part Time Resident EEO Specialist (Subconsultant) $20,856.00 Review Shop Drawings of Roadway & Utility N/C Office Set -Up $ 4,461.77 60-50 Review and Coord. of Shop Drawing, Clearance & Turnovers N/C Grand Total $280,857.77 EXHIBIT C The project schedule and performance is (180) calendar days following the Notice to Proceed (NTP). ATTACHMENT C WORK AUTHORIZATION NO. 53 CONTRACT C07-07-454 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the day of , 2012 by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and Dunkelberger Engineering & Testing, Inc. hereinafter referred to as the "Consultant'. WITNESSETH: WHEREAS, on July 24, 2007, the COUNTY entered into a Consulting Agreement (Contract No. C07-07-454) hereinafter referred to as "Contract' with the CONSULTANT to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the CONSULTANT is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: PROJECT: The COUNTY has determined that it would like to complete a project described below: HARMONY HEIGHTS STORMWATER IMPROVEMENTS PHASE I — SOUTH SECTION (hereinafter referred to as "the Project'.) 2. SERVICES: The COUNTY has determined that it would like to utilize the services of the CONSULTANT in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C07-07-454). The services to be provided by CONSULTANT on the Project shall be for those as outlined in the Page 1 of 3 Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto as Exhibit "B" which are attached hereto and made a part of this work authorization and incorporated herein. 3. CONSTRUCTION COSTS: The construction costs of the Project for which the CONSULTANT will render the Professional Services are estimated by the COUNTY not to exceed $1,000,000 or any other costs or fees as otherwise described under the "Consultants Competitive Negotiation Act", (CCNA). 4. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall be billed on an hourly basis, and shall not exceed a total amount of Sixty Six Thousand Dollars and no/100 ($66,000.00), as further detailed in Exhibit "C". 5. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 6. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work on or before December 31, 2012, as further described in Exhibit "B C. If the work is not fully completed according to the terms of the Contract and within the time limits stipulated herein, it is hereby acknowledged that the COUNTY will suffer damages which are not capable of ascertainment or calculation, and therefore the CONSULTANT shall pay the COUNTY, as liquidated damages, a sum of Ten Dollars ($10.00) per day for each day following the required completion date, until the date upon which actual completion occurs. d. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or her designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. e. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the CONSULTANT, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the CONSULTANT under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple copies, each of which shall be considered an original on the following dates. Page 2 of 3 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: DUNKELBERGER ENGINEERING & TESTING, INC. BY: Print Name: Title: Page 3 of 3 DUNKELBERGER e Fort Lauderdale • Port Saint Lucie engineering & testing, inc. . Sarasota www.dunkelberger-engineering.com • West Palm Beach St, Lucie County Engineering Division 2300 Virginia Avenue Ft. Pierce, Florida 34982 Attention: Mr. Michael Harvey, E.I. Project Manager January 11, 2012 Project No. PSL-07-2421(10.45) Subject: Construction Observations and Materials Testing Services Harmony Heights Drainage Improvements Phase 1— South Section SLC Project No.11-07 St. Lucie County, Florida Dear Mr. Harvey: INTRODUCTION Dunkelberger is pleased to have the opportunity to submit this proposal to the St. Lucie County Engineering Department to provide Construction Observation and Materials Testing Services for the Harmony Heights Drainage Improvements Phase I South project. The project will include drainage improvements, roadway construction and shoulder widening, and driveway and pavement restoration throughout the Harmony Heights Phase I (South Section). The project is to be constructed in accordance with the 2010 FDOT Standard Specifications for Road and Bridge Construction and County requirements (i.e., Section 300) as detailed in the Governing Specifications of the project's bid documents. In addition to the drainage piping and roadway construction there will three Drainage Ponds (Pond 3, Pond 4 and Pond 5) constructed within the project, two of which will include partial geo-membrane liners. Dunkelberger's work will be furnished to St. Lucie County under our current (July 2007) Continuing Services Contract. A more specific breakdown of Dunkelberger's proposed work scope, schedule, and compensation is provided hereafter. SCOPE OF SERVICES --- Exhibit A Based on our understanding of the project, we anticipate that our services will primarily involve performance of the following tasks: Earthwork Observations -- subgrade (structure bedding/foundation) soils will be observed to determine their suitability for support of the planned element (e.g., drainage structure or pipe bedding, roadway embankment and/or subgrade, etc.) In -Place Density Testing — measuring the field (in -place) density of the soil backfill placed for roadway embankment, drainage structure/pipe backfill and structure/pipe subgrade, as well as the stabilized/compacted subgrade and base materials used for roadway construction. State of Florida Board of Professional Engineers Authorization No. 6870 Toll Free (877) 643.6832 St. Lucie County Engineering Divislon Harmony Heights Phase 1 Page 2 Project No. PSL-07-2421 (10.45) Laboratory Testing — laboratory maximum density (Proctor) tests, sieve analysis tests, and Limerock Bearing Ratio (LBR) tests on soil and aggregate materials to verify specification compliance. Field testing of fresh concrete (slump and temperature) and laboratory testing of hardened concrete test cylinders to determine compressive strength for end walls, mitered end sections, and concrete driveways. Asphalt (roadway) Paving — we anticipate having a Senior Engineering Technician: 1) periodically check/observe the asphalt production and perform the associated plant tests (i.e., extraction, gradation & maximum density determination); 2) periodically observe & monitor the placement of the asphaltic concrete (i.e., verify mix, temperature measurements, check cross -slopes, straight -edge); and 3) obtain cores of the constructed asphaltic concrete for subsequent laboratory density and thickness measurements. The purpose of this work is to verify that the material's composition (plant) and construction (roadway) comply with project specifications. Turbidity Monitoring - measurement of water quality (turbidity levels) within surface waters receiving dewatering effluent daily during construction activities (average 24: hours per day for 50 working days) including within 24 hours of a storm event greater than one-half (0.50) inch. Pond Liner Inspection - observe subgrade preparation for the pond embankment (fill, composition and compaction); observe the pond geo-membrane liner placement and field seaming. Engineering and Reporting — provide oversight during the construction to coordinate the aforementioned test program, engineering review of the test results, and consultation on an as -needed basis. We understand that our testing services will be required on a periodic basis throughout the 3 to 4 month duration of the project.' Our testing services will be provided on an as -needed, will call basis. We respectfully request at least a 24-hour notice prior to the time our services are needed. SCHEDULE --- Exhibit B We will initiate our work immediately upon receiving your written notification to proceed. Report preparation will be completed within one (1) week following completion of the field tests. We will deliver two (2) signed and sealed copies of the test reports throughout the project. All invoices will follow under separate cover with duplicate test reports included and will be completed bi-weekly or monthly, depending on project productivity. Project completion anticipated on or before December 31, 2012. COMPENSATION --- Exhibit C These services will be provided on a unit rate basis in accordance with our July 2007 St. Lucie County Continuing Services contract. Based on our review of the project plans, we have established a not -to -exceed fee in the amount of $66,000 (see Attachment A) for performance of DUNKME RGKK A St. Lucie County Engineering Dhdsion Harmony Heights Phase 1 Page 3 Project No. PSG-07-2421 (10.45) the outlined services. The fee will not be exceeded without justification and your prior written approval. We understand that this work will be authorized with a work authorization issued by St. Lucie County and that the work will be carried out under the terms and conditions of our St. Lucie County Consultant Agreement. Should you have any questions or comments concerning this information, please feel free to contact me at your convenience. Sincerely, DUNKELBERGER ENGINEERING & TESTING, INC. av� David T. Youngstrom CKP Senior Project Manager Attachments: A - Estimated Scope and Budget DUNKELBERGER E. Dunkelberge .E pal Engineer TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Public Works/Utilities ITEM NO. VI — D-5 DATE: 02/21 /2012 REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT PRESENTED BY: Laurie Waldie t Utility District Director Agreement Extension — Severn Trent Environmental Services, Inc. See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: March 23, 2007 - Board approval of Agreement #C07-03-174. August 1, 2008 - Board approval of 15t Amendment. March 24, 2009 - Board approval of 2d Amendment. (X) RECOMMENDATION: Board approval of the First Extension to the agreement between Severn Trent Environmental Services, Inc. and St. Lucie County. COMMISSION ACTION: ( ) APPROVED ( ) OTHER ( ) DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures 1 County Attorney (X) / OMB Director ( } Budget Analyst Dan McIntyre Originating Dept. ( X) Other ( ) Don West Marie Gouin Robert O'Sullivan Utility Department MEMORANDUM TO: Board of County Commissioners FROM: Laurie Waldie, Utility District Director ` T DATE: February 21, 2012 SUBJECT: Agreement Extension — Severn Trent Environmental Services, Inc. ITEM NO. VI — D-5 Background: On March 23, 2007, the BOCC entered into an agreement through March 31, 2012 with Severn Trent Environmental Services, Inc. (Severn Trent) to provide operation and maintenance services for St. Lucie County water, wastewater, and reclaimed water facilities. On August 1, 2008, the BOCC approved the First Amendment to the Agreement for Billing Services. On March 24, 2009, the BOCC approved the Second Amendment relating to the Base Compensation and Extraordinary Costs to the Agreement. The contract allows for up to three (3) additional five-year extensions upon the same terms and conditions. Staff is now requesting Board approval to exercise the first five-year extension option and extend the agreement through and including March 31, 2017. The Agreement and Amendments are attached. Exhibits to the Agreement are available for review at the Utility office. The Utility is pleased with the performance by Severn Trent in their operation and maintenance of the County's water, wastewater, and reuse facilities. Extending this agreement is in the best interest of the County and Utility rate payers. Attached is a letter from Severn Trent indicating their interest in extending this agreement for another five years. Recommendation Board approval of the First Extension to the agreement between Severn Trent Environmental Services, Inc. and St. Lucie County. FIRST EXTENSION OF AGREEMENT TO THE OPERATION AND MAINTENANCE AGREEMENT FOR WATER, WASTEWATER AND RECLAIMED WATER SERVICES BETWEEN SEVEN TRENT ENVIRONMENTAL SERVICES, INC., AND ST LUCIE COUNTY, FLORIDA THIS FIRST EXTENSION is made this _ day of 2012 by and between St Lucie County Florida, a political subdivision of the State of Florida (the "County") and Severn Trent Environmental Services, Inc. ("Operator"). WHEREAS, on March 23, 2007, the parties entered into an Operation and Maintenance Agreement for Water, Wastewater and Reclaimed Water, whereby the Operator agreed to operate and maintain the County's Facilities for an initial term of five (5) years beginning on April 1, 2007 and continuing until March 31, 2012 with the County's option to extend the term of the agreement for three (3) additional terms of up to five years each thereafter; and WHEREAS, on August 1, 2008, the parties entered into the First Amendment to the Operation and Maintenance Agreement for Water Wastewater and Reclaimed Water (the "First Amendment") (the Original Agreement as amended by the First Amendment shall hereafter be referred to collectively as the "Agreement"); and WHEREAS, on March 24, 2009, the parties entered into the Second Amendment to the Operation and Maintenance Agreement for Water Wastewater and Reclaimed Water (the "Second Amendment") (the Original Agreement as amended by the First Amendment shall hereafter be referred to collectively as the "Agreement"); and WHEREAS, the parties desire to exercise the first five-year option and extend the term of the Agreement, including the two amendments, through and including March 31, 2017; and WHEREAS, nothing in this Agreement shall be construed to affect in any way the County's rights, privileges, and immunities, including sovereign immunity as provided by law as set forth in Florida Statute 768.28. NOW THEREFORE in consideration of the mutual promises and covenants contained herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged the parties hereto agree to extend the Agreement, inclusive of the two amendments, through and including March 31, 2017. IN WITNESS WHEREOF, the parties have duly accepted, made and executed this Agreement upon the terms and conditions above stated. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: SEVERN TRENT ENVIRONMENTAL SERVICES, INC. Print Name: Print Name: I' Print Name: Title: Severn Trent First Contract Extension EXHIBIT C FEE SCHEDULE FOR ADDITIONAL SERVICES Labor Classification 2012 Regular Rate 2012 Overtime Rate Unskilled Laborer $64.22 hour $81.89 hour Plant Operator (Class B) $74.93 hour $95.53 hour Plant Operator (Class C) $69.58 hour $88.71 hour Skilled Maintenance $69.58 hour $88.71 hour Electrician $74.93 hour $95.53 hour Controls Technician $80.28 hour $102.36 hour Equipment Type 2012 Regular Rate Backhoe with Operator $60 hour Loader with Operator $125 hour Track hoe with Operator $175 hour Dump Truck with Operator $100 hour Utility Vehicle with Operator $65 hour Flat Bed Truck with Operator $85 hour Portable Pump (4" trash) $35 hour Generator (35-45 kw) $40 hour Vactor Truck with One Operator $225 hour TV Truck with Operator $200 hour TV/Cleaning (min. 2,000 emergency) $200 hour 2/14/2012 2012 ST Extension Labor Fee Schedule a' * (D s < Ln rD• m rr rD (D Q. 3 N O Cr 7 v O O O � = m 3 � O n 7 r+ (p S N m IS O o C n r0+ rrD K (D o� O- (D v rt r Ln o d � r+ o' 0 O CA -h r+ O r rt m O.. d (D 0 o c a m G � v O O O O N .O m Iv N m (D Q m 0- (D to (D G N C m m D N -+ o z` :3 °- C (�D 04 n — f D D -u < C n m `D O ° O 3 C O' 3 --I S� 001 W cA * m O � v m r. m m a, D In _ m O 3 3 � fl 7 (D r) �F 'O �P to r Z ° V i/). O Pb N U1 !-A P 4 D1 W O Ut V O, LA= O N Ili O W 3 (fin O V). _ •P (/1 � V) N S 00 N W O W cn 00 N O G. vOf O -P O 0.0. (711 1O � D � o �-A il). i/)- rn O P I� N 0 0 00 p v 010 Ln O V w a W Ln i/? cn Ol00 O' 00 i/? V1 In p .A O (r1 O 1-4 W N m Ln O O l 0 N fl' �D O O 0 (D i/1- t7 0 G 0-7 LA to (D N Q. :5 W 117 I--� (n 00 00 m rY rn N �p S (D O O O 101 4A I , j), In (O O Ol to 00 V N N N 00 W I-, y W .-.1 (D (xi 01 Un (n V Q) O m N Ln 0 0 m M N r + < n � o r Sv fD rt m r+ m In O� 7 N February 9, 2012 Board of County Commissioners St. Lucie County, Florida 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear St. Lucie County Board of Commissioners: Severn Trent Services 4837 Swift Road, Suite 100 Sarasota, FL 34231 United States T: +1 941 925 3088 TF: +1 800 535 6832 F: +1 941 924 7203 v v.severntrentservices.com It has been Severn Trent Services (STS's) pleasure to sere your community over the past twelve years. We value your business and appreciate the constructive relationship which has allowed STS to operate and maintain the County's assets at a high standard. The mutual cooperation between the County's Utility Administration and STS has developed a professional partnership that consistently achieves the operational and financial goals of the utility and citizens of St. Lucie County (SLC). Our award for "Excellence in Operations" at the 2011 Florida Rural Water Association (FRWA) conference for the North Hutchinson island Wastewater Facilities is one demonstration of this successful partnership. STS's long history with SLC began when STS commenced contract operations with SLC in January 1999. The scope of services required STS to operate, maintain, repair, replace and manage the County's facilities. From 1999 through March, 2007, our scope of services was expanded and the contract was renewed on numerous occasions to meet the needs of the County. Under the terms and conditions of our current contract which commenced in March, 2007, the parties mutually agreed to amend the original contract on two separate occasions. The first amendment in August 2008 expanded the scope of services to include utility billing (combined from another contract). The second amendment in March 2009 was as a result of STS sympathizing with the impact on the County of the nation's severe economic conditions and provided for reductions in the base fee and other costs. As our longest tenured contract operations partner in the state of Florida, having served SLC since 1999, Severn Trent Services would like to continue that distinction with the County by renewing the existing agreement for another five (5) year term. We understand that the County has many options in the marketplace, and are pleased that the County has made STS its choice as the utility operations and maintenance services provider. We look forward to serving St. Lucie County for many years to come. Sincerely, Richard Gardner Regional General Manager cc: Laurie Waldie, Utility District Director Page 1 of 1 Correspondence should be addressed to: Severn Trent Environmental Services, Inc. STES DRAFT: March 23, 2007 WATER WASTEWATER AND RECLAIMED WATER OPERATION AND MAINTENANCE AGREEMENT Between SEVERN TRENT ENVIRONMENTAL SERVICES, INC. and ST. LUCIE COUNTY, FLORIDA (Date) INP8 381659471 v2 3i9/2007 TABLE OF CONTENTS ArticleI DEFINITIONS.......................................................................................................................I Article 2 RECITALS/PURPOSE.........................................................................................................7 Article 3 REPRESENTATIONS AND WARRANTIES OF THE PARTIES..................................7 Section 3.1 Representations and Warranties of the County...............................................................7 Section 3.2 Representations and Warranties of the Operator............................................................7 Section 3.3 Disclosure of Information...............................................................................................8 Article 4 SCOPE OF SERVICES AND OPERATOR'S RESPONSIBILITIES... .......................... 8 Section4,1 General............................................................................................................................8 Section4.2 Standard of Care..............................................................................................................8 Section4.3 Process Control...............................................................................................................9 Section 4.4 Routine Maintenance of the Facilities and Equipment...................................................9 Section 4.5 Repairs and Replacement................................................................................................9 Section4.6 Staffing ..........................................................................................................................10 Section 4.7 Disposal of Process Residue.........................................................................................10 Section 4.8 Testing and Laboratory Analysis.................................................................................. 10 Section 4.9 Odor and Noise Control................................................................................................10 Section4.10 Safety Program...........................................................................................................10 Section4.11 Communications......................................................................................................... I 1 Section4.12 Reports ................................ .................................................................... ......... ........... I I Section 4.13 Emergency Response ....... ............................................................... ..................... ....... I i Section 4.14 Accounting Records....................................................................................................12 Section 4.15 Inventory and Condition of Facilities Equipment.......................................................12 Section 4.16 Manufacturers' Warranties.........................................................................................13 Section 4.17 Additional Services.....................................................................................................13 Article 5 CAPITAL PROJECTS.......................................................................................................1.3 Section 5.1 Capital Improvements as Additional Services..............................................................13 Section 5.2 Recommended Capital Improvements..........................................................................13 Article 6 ENVIRONMENTAL COMPLIANCE..............................................................................14 Section 6.1 Environmental Compliance Guarantee.........................................................................14 Section 6.2 Fines and Penalties........................................................................................................ 14 Article 7 COUNTY'S RESPONSIBILITIES....................................................................................I5 Section 7.1 County's and Operator's Representatives.....................................................................15 Section7.2 Permits..........................................................................................................................15 Section7.3 Utilities..........................................................................................................................15 Section 7.4 Compliance with Laws..................................................................................................15 Section 7.5 License to Use the Facilities.........................................................................................15 Section 7.6 Notice of Litigation......................................................................................................15 Section7.7 Access...........................................................................................................................16 Section 7.8 Approval or Disapproval of Proposed Extraordinary Costs..........................................16 Section7.9 General Authority .........................................................................................................16 Article8 COMPENSATION .............................................................................................................I.6 Section8.1 Base Compensation.......................................................................................................16 WP8 387659471v2 31912007 Section 8.2 Other Costs and Expenses.............................................................................................17 Section8.3 Change in Scope............................................................................................................17 Section8.4 Taxes.............................................................................................................................18 Section 8.5 Accrual of Interest on Late Payments...........................................................................18 Article 9 TERM AND TERMINATION...........................................................................................18 Section9.1 Term..............................................................................................................................18 Section9.2 Termination...................................................................................................................18 Article10 RISK MANAGEMENT......................................................................................................19 Section 10.1 Indemnification...........................................................................................................19 Section 10.2 Operator's Insurance...................................................................................................20 Section 10.3 Operator's Liability.....................................................................................................21 Article 11 DISPUTE RESOLUTION.........................................................................•........................21 Section11. I Applicability...............................................................................................................21 Section11.2 Disputes......................................................................................................................22 Section 11.3 Covenant to Continue Work.......................................................................................22 Article12 MISCELLANEOUS............................................................................................................22 Section12.1 Relationship...... ........................ .............................................................. .................. 22 Section12.2 Construction................................................................................................................22 Section 12.3 Entire Agreement; Amendments.................................................................................22 Section12.4 Waiver.........................................................................................................................23 Section12.5 Assignment.................................................................................................................23 Section12.6 Force Majeure.............................................................................................................23 Section 12.7 Governing Law and Venue.........................................................................................23 Section12.8 Notices........................................................................................................................23 Section12.9 Seve.rability.................................................................................................................24 Section12.10 Counterparts................................................................................................................24 Section 12.1 1 Modification of Agreement.........................................................................................24 Section12.12 Survival.......................................................................................................................24 EXHIBITS Exhibit A RFP Terms and Facilities Description Exhibit B RFP Response including Staffing Plan Exhibit C Fee Schedule for Additional Services Exhibit D Base Compensation Adjustment Formula Exhibit E Annual Fee Schedule WPB 381659471 v2 31912007 WATER, WASTEWATER AND RECLAIMED WATER OPERATION AND MAINTENANCE AGREEMENT THIS WATER, WASTEWATER AND RECLAIMED WATER OPERATION AND MAINTENANCE AGREEMENT (hereinafter, the "Agreement") is made and entered into this day of , 2007 by and between St. Lucie County, Florida, a political subdivision of the State of Florida (hereinafter the "County"), and Severn Trent Environmental Services, Inc., a Texas corporation with its principal place of business at 16337 Park Row, Houston, Texas 77084, which is authorized to do business in the State of Florida (hereinafter the "Operator"). WHEREAS, the County issued RFP #06-088, Comprehensive Contract Operation and Maintenance Services for Water, Wastewater and Reclaimed Water Systems, and Addenda thereto (collectively, the "RFP"); and WHEREAS, Operator submitted a response to the RFP dated October 27, 2006 (the "RFP Response"); and WHEREAS, based on the RFP Response, County selected Operator as the successful responder to the RFP; and WHEREAS, certain terms and conditions set forth in the RFP are incorporated herein as Exhibit A and certain terms set forth in the RFP Response are incorporated herein as Exhibit B and are made a part hereof, in the event of any conflict between the RFP Response, the RFP or the terms of this Agreement, the terms and conditions of this Agreement shall control. NOW, THEREFORE, in consideration of the mutual agreements herein contained, and subject to the terms and conditions herein stated, the parties agree as follows: Article I DEFINITIONS "Abnormal or Biologically Toxic Material" is defined as any substance or combination of substances contained in the raw water or influent wastewater received or treated at any of the Facilities in sufficient concentrations or amounts so as to either: (i) interfere with the biological processes necessary for the removal of organic and chemical constituents from the raw water or influent wastewater in a manner required to meet Applicable Law including the discharge limits specified in the County's Discharge Permit(s); (ii) cause a failure to meet the requirements of the County's Environmental Permits and/or Applicable Law; or (iii) cause the effluent wastewater discharged from the Facilities or the Process Residue to become hazardous waste as defined under RCRA and/or hazardous substances as defined under CERCLA. Abnormal or Biologically Toxic Materials may include, but are not limited to, concentrations of heavy metals, phenols, cyanides, pesticides, herbicides, priority pollutants as listed by USEPA, or any substance that violates the local or USEPA standards for finished water. WPB 387659477v2 3i9/2007 "Additional Services" shall mean any other services which the County requests in writing for Operator to perform that are outside the scope of services as provided herein, and are agreed upon by Operator and County. Additional Services will be invoiced separately to the County. "Adjustment Date " shall mean each and every anniversary of the Commencement Date. "Affiliate " shall mean "related parties" to the Operator and County within the meaning of Section 144(a) (3) of the Internal Revenue Code. ".Agreement" is defined in the Preamble to this Agreement. "Agreement Year" is defined as any consecutive twelve (12) month period during the term of the Agreement (including the renewal options) that begins on the Commencement Date and subsequently ends on each anniversary of that date. 'Annual Maintenance Fxpenditures" is defined as the total of all expenses incurred annually by the Operatot.in connection with the discharge of its maintenance responsibilities as provided by Section 4.4 of this Agreement; provided however that the Annual Maintenance Expenditures shall exclude Operator's direct labor expenses and related benefits for those positions identified in the Staffing Plan that are assigned by the Operator to the operation and maintenance of the Facilities as reflected in the RFP Response, as those costs are included in the Base Compensation hereunder. The Annual Maintenance Expenditures shall specifically include, but shall not be limited to, all materials, supplies, parts, outside subcontractors, specialized services, and rental equipment, as well as the cost of Operator's direct labor expenses and related benefits for positions not identified in the Staffing Plan. As stated in Section 4.5 hereunder, any individual expenditure for the repair and/or replacement of Facilities' equipment or structure, other than a Capital Improvement, whose unit cost (as to any single event or function) exceeds four thousand dollars ($4,000.00) shall be subject to the County's prior approval and shall be considered an Extraordinary Cost. "Annual Repair- and Maintenance Limit " is defined as the total of all Annual Maintenance Expenditures in an amount up to a maximum of one hundred ten thousand dollars ($1 10,000.00) for the first Agreement Year. For each Agreement Year thereafter, the Annual Repair and Maintenance Limit shall be reviewed by Operator and the. County in conjunction with presentation of an annual report by Operator, provided, however, that in the absence of a mutually agreed -upon revision, the Annual Repair and Maintenance Limit shall be increased on each Adjustment Date by the Price Index Increase. "Applicable Law" is defined as those laws, rules, regulations, codes, administrative and judicial orders, directives, guidelines, judgments, rulings, interpretations or similar requirements or actions of any federal, state, local government, agency or executive or administrative body of any of the foregoing, including SDWA, CERCLA and RCRA, in each case that pertain to the (a) parties' respective responsibilities under this Agreement, (b) operation or maintenance of the Facilities; (c) health and welfare of individuals working at or visiting the Facilities; and (d) the collection, delivery, treatment and disposal of the County's raw and finished water, wastewater, Process Residue and/or related wastes. This definition specifically includes the terms, conditions, requirements or schedules of any administrative or judicial settlement or enforcement related, in any way, to the Facilities, to the collection, delivery, pretreatment, or treatment of the County's raw and finished water or wastewater, to the handling, transportation, treatment and disposal of Process Residue and to each of the County's Environmental Permits issued for the Facilities. Authorized Representative" is defined in Section 7.1 of this Agreement. "Base Compensation " is defined in Section 8.1 of this Agreement. WP8 3816594 7l v2 3/9/2007 "Capital Improvement(s) " shall mean changes, modifications, additions, or upgrades to the Facilities constructed or implemented by the County or with the County's prior approval. "CERCLA" is defined as the federal Comprehensive Environmental Response Compensation and Liability Act, as same may be amended from time to time, 42 USC §9601 et seq. "Change of Law " is defined as the occurrence of any of the events listed in (1) through (iv) below, which results or can reasonably be expected to result in (a) the need to make a Capital Improvement at or to the Facilities in order for the Operator to operate the Facilities in accordance with this Agreement and Applicable Law; or (b) an increase or decrease to the cost of managing, operating or maintaining the Facilities in accordance with this Agreement and Applicable Law; or (c) a material and adverse effect on the scope of the Operator's liabilities or obligations under this Agreement: W there is passed or promulgated any federal, state, or other local law, statute, ordinance, rule or regulation different from those existing on the date this Agreement is executed; or (ii) there is passed or promulgated any amendment to, or change in, any federal, state, or other local law, statute, ordinance, rule or regulation (including any applicable sales tax regulation) following the date of this Agreement; or (Ili) following the execution of this Agreement, there comes into existence an order or judgment of any federal, state, or local court, administrative agency or other governmental body containing interpretations of any Applicable Law relating to the operation or maintenance of the Facilities or the health and safety of the Operator's employees that is inconsistent with generally accepted interpretations in effect on the date this Agreement is executed; or (iv) after the effective date of this Agreement, any change occurs which affects the issuance or renewal, or causes a suspension, termination, interruption, revocation, denial or failure of renewal (for reasons other than Operator fault or failure by the Operator to comply with the terms of this Agreement) of any official permit, license or necessary approval by the USEPA, the Occupational Safety and Health Administration or the State Environmental Agency. "Commencement Date" shall mean the date designated by the parties hereunder for the commencement of their respective obligations_ The parties agree that the Commencement Date shall be April 1, 2007. "County " is defined in the Preamble to this Agreement. "County's Discharge Permit(s) " and/or "Discharge Permits) " shall refer to all permits and licenses issued to County by FDEP or the County Health Department and required for the discharge of wastewater and reclaimed water from the Facilities, as they may be amended, renewed or replaced from time to time. Copies of all current Discharge Permits are attached to the RFP. "County Environmental Permit(s)" or "Environmental Permit(s)" shall refer to the County's Discharge Permits, permits and licenses issued to County by SFWMD required for the withdrawal and use of raw water, and all other permits and licenses issued to County and required for the operation of the Facilities and provision of water, wastewater and reclaimed water to the public, as they may be amended, renewed or replaced from time to time. Copies of all current Environmental Permits are attached to the RFP. "Demobilization Expenses" is defined as the Operator's actual documented costs related to the termination of Services by County pursuant to Section 9.2(b) hereunder. Demobilization Expenses shall WPB 381659471 v2 3/9/2007 be amortized over the initial five (5) year term of the Agreement, are non -recurring, and include, without limitation, the below -listed items: (a) Non -capitalized items, which include labor expenses for employees terminated by Operator as a result of a termination of Services, including pay out of vacation accruals, and benefits carryover, legal and other administrative costs. The parties agree that the County's costs for these non - capitalized items shall be capped at one hundred and fifty thousand dollars ($150,000.00). and (b) Capital purchases of items specifically used for rendering the Services hereunder. "Environmental Compliance Guarantee " is defined in Section 6.1. "Extraordinary Cost(s)" shall mean any expenditure for either the repair and/or replacement of Facilities' equipment or structure whose unit cost (as to any single event or function) exceeds four thousand dollars ($4,000). Extraordinary Cost(s) shall include all expense (including the first $4,000 of expenses) necessitated by the repair and or replacement of equipment or structure damaged by parties unrelated to and not under the supervision of Operator. Extraordinary Cost(s) shall include subcontractor costs, materials, and supplies, provided that Extraordinary Cost(s) shall not include Operator's direct labor expenses for those positions identified in the Staffing Plan for normal scheduled hours, but shall include Operators overtime labor costs. Extraordinary Costs may include an administrative fee on Operator's subcontractor and materials costs of seven percent (7%). Extraordinary Cost shall be subject to the County's pre -approval in accordance with Sections 4.5(b) and 7.8. "Facilities" or "County's Facilities" is defined as the raw water production facilities, water treatment and storage facilities, water transmission and distribution systems, wastewater collection and force main systems, wastewater treatment facilities, effluent disposal facilities, reclaimed water treatment, storage and distribution facilities and all associated and appurtenant facilities and equipment currently existing and added in the future, as described in Exhibit A to this Agreement. "FDEP" shall mean the Florida Department of Environmental Protection. "Force Mojeure " is defined as any act, event, or condition to the extent that it adversely affects the ability of, either party to perform any obligation under this Agreement (except for payment obligations) if such act, event or condition, in light of any circumstances that should have been known or reasonably believed to have existed at the time, is beyond the reasonable control and is not a result of the willful or negligent act, error, omission or failure to exercise reasonable diligence on the part of the party relying thereon, including the party's affiliates, employees, agents, officers, sub -contractors and vendors; provided, however, that the contesting party in good faith or failure in good faith to contest such action or inaction shall not be construed as a willful or negligent act, error, omission or lack of reasonable diligence of either party, and provided further that the party relying thereon uses due diligence to recommence performance as soon as practicable and to mitigate the impacts on cost of performance. (a) Inclusions subject to the foregoing, such acts, events or conditions may include, but shall not be limited to, the following: (1) an act of God, landslide, earthquake, fire, explosion, flood, hurricane, tornado, sabotage, or similar occurrence, acts of a public enemy, terrorism, extortion, war, blockade, insurrection, riot or civil disturbance; WPB 381659471v2 "/2007 (ii) the failure of any appropriate governmental agency or private utility to provide and maintain utilities; (iii) the inability of the Operator and its subcontractors to gain and maintain access to all areas of the Facilities and/or adjoining the Facilities where the Operator is required to provide services or perform any work hereunder; (iv) the preemption, confiscation, diversion, destruction, or other interference by, on behalf, or with authority of a governmental body in connection with a declared or asserted public emergency or any condemnation or other taking by eminent domain or similar action, in the possession of property, equipment or materials located at the Facilities, or in the performance of the Services to be performed by Operator hereunder; (iv) strikes, work stoppages, or labor disputes affecting the Operator and any subcontractor excluding material suppliers and employees of the Operator or a subcontractor; (v) with respect to the Operator, the presence at the Facilities of (i) subsurface structures, materials or conditions having historical, geological, archeological, religious or similar significance; (ii) any habitat of an endangered or protected species; or (iii) functioning subsurface structures used by utilities on, underneath, near or adjacent to the Facilities; (vi) with respect to the Operator, (i) the presence of non -authorized hazardous materials or regulated substances in environmental media anywhere in, on or under the Facilities as of the Commencement Date; (iii) the off -site migration of pollutants and/or off -site contamination, including any migration of pollutants that is not caused by the negligence of the Operator; or (iv) contamination of the Facilities from groundwater, soil or airborne hazardous materials or regulated substances migrating from sources outside the Facilities to the extent not caused by the Operator's negligence; (vii) with respect to the Operator, damage to the Facilities caused by third parties not related to or under the control of the Operator including, but not limited to, other contractors and subcontractors for the County; (viii) the failure of any subcontractor or supplier to furnish services, materials, chemicals or equipment on the dates agreed to, but only if such failure is the result of an event that would constitute Force Majeure if it affected the Operator directly, and the Operator is not able after exercising all reasonable efforts to timely obtain substitutes; and (b) Exclusions. For illustration purposes and not as a limitation, none of the following acts, events or conditions shall constitute an event of Force Majeure: (i) general economic conditions, interest or inflation rate fluctuations, commodity prices or changes in process, or currency or exchange rate fluctuations; changes in the financial condition of the County, the Operator, or any of their Affiliates or subcontractors; (iii) union work rules which increase the Operator's operating cost for the Facilities; (iv) any impact of prevailing wage laws on the Operator's costs, provided however that such requirements or demands may constitute a Change of Law entitling the Operator to additional compensation; WPB 381659471 v2 3i9/2007 (v) the consequence of Operator error or omission, including any errors or omissions of Operator Affiliates or subcontractors; and/or (vi) litigation against the County and/or Operator. "Non-Processible Water or Wastewater" is defined as influent raw water or influent wastewater (i) which contains Abnormal or Biologically Toxic Materials; or (ii) which is otherwise materially detrimental to the operation and performance of the Facilities; or (iii) which exceeds the design capabilities of the Facilities as defined by the Operations and Maintenance Manual for the Facilities or as provided in submissions made to regulatory agencies in connection with the construction and/or the permitting of the Facilities, and which accordingly can not be processed to permit requirements, "Operator" is defined in the Preamble to this Agreement. "Price Index " shall mean the Consumer Price Index for all Urban Consumers (CPI-U) for the U.S. City Average for all Services, 1982-84=100 as published monthly by the U.S. Department of Commerce, Bureau of Labor Statistics. In the event that this Price Index is changed, or if a substantial change is made in the terms or number of items contained in the Price Index, then the Price Index shall be adjusted to the figure that would have been arrived at had the manner of computing the Price Index in effect as of the Commencement Date not been altered. In the event such Price Index (or a successor or substitute index) is not available, a reliable governmental or other non -partisan publication evaluating the information therefore used in determining the Price Index shall be used. No adjustments or re -computations, retroactive or otherwise, shall be made due to any revision that may later be made in the first published figure of the Price Index for any year. "Price Index Increase" shall mean the percentage increase between the Price Index in effect as of the month of each and every Adjustment Date over the Price Index in effect as of the month of the Commencement Date. The Price Index Increase shall be calculated as of each and every Adjustment Date for the purpose of adjusting the Base Compensation, and the Annual Repair and Maintenance Limit, and the rates in Exhibit C. "Process Residue" is defined as grit, screenings water and wastewater sludge, bio-solids and other residues generated by or through the operation of the Facilities. -RCP-4 " is defined as the Resource Conservation Recovery Act, as same may be amended from time to time, 42 USC §8921 et seq. "RFP" is defined in the recitals hereto. "RFP Response " is defined in the recitals hereto. " SDW4 " is defined as. the Safe Drinking Water Act, as may be amended from time to time, 42 USC §300f et seq. "Services" is defined in Section 4.1. -Shutdown" is defined as the cessation or substantial interruption of normal operations at the Facilities due to the failure of operating equipment or interruption of the processes of the Facilities for reasons other than the negligence of the Operator or its employees, agents or subcontractors. "SFWWD" shall mean the South Florida Water Management District WPB 381559471 v2 31912007 "Staffing Plan " is Operator's plan for its staffing of the Facilities in order to perform the Services and is attached as Exhibit B hereto. "State " is defined as the State within which the geographical boundaries of the County is located. " USEPA "refers to the United States Environmental Protection Agency. Article 2 RECITALS/PURPOSE The foregoing Recitals are true and correct and are hereby made a part of this Agreement_ Commencing on the Commencement Date and during the term of this Agreement, the County agrees to engage the Operator as an independent contractor to operate and maintain the Facilities, and Operator agrees to operate, and maintain the Facilities in accordance with the terms and conditions of this Agreement, Applicable Law, and all permits, licenses, manufacturer's protocols, and specifications applicable to the operation and maintenance of the Facilities. Each party hereto agrees that it will cooperate in good faith with the other and its agents, employees, representatives, officers, contractors, and subcontractors to facilitate the performance of the mutual obligations set forth in this Agreement. Article 3 REPRESENTATIONS AND WARRANTIES OF THE PARTIES Section 3.1 Representations and Warranties of the County County hereby represents and warrants that, as of the date hereof_ (a) It is a political subdivision of the State of Florida, with all legal right, power and authority to enter into this Agreement, to own and operate its properties, to carry on its business as now conducted and as proposed to be conducted, and to enter into and perform its obligations under this Agreement. (b) This Agreement, County's execution and delivery of this Agreement and County's performance of its obligations hereunder, have been duly and validly authorized. This Agreement has been validly executed and delivered by County and constitutes a legal, valid, and binding obligation of County, enforceable in accordance with its terms. Section 3.2 Representations and Warranties of the Operator Operator hereby represents and warrants to County that, as of the date hereof: (a) It is a corporation duly organized, validly existing and in good standing under the laws of the State of Texas, and is qualified to conduct business in the State of Florida with full corporate power and authority to enter into this Agreement, to carry on its business as now conducted and as proposed to be conducted, and to enter into and perform this Agreement. (b) This Agreement, Operator's execution and delivery of this Agreement, and Operator's performance of its obligations hereunder, have been duly and validly authorized by Operator by all necessary corporate action. This Agreement has been validly executed and delivered by Operator and constitutes a legal, valid and binding obligation of Operator, enforceable in accordance with its terms. (c) The execution, delivery and performance of this Agreement will not conflict with, or result in any violation of, or constitute a default or a condition which upon notice of lapse of time, or both, WPB 381659471v2 31912007 would constitute a default, under the organizational documents of Operator nor under any judgment, order, writ, injunction, decree, rule, regulation, permit, license, note, agreement, mortgage, deed, contract or other instruments that apply to, or which bind, Operator or any of its assets or properties. (d) There are no actions, suits, proceedings or governmental investigations pending, or, to, its best knowledge, threatened against it or its assets or properties, and no judgments, decrees, orders, rulings, writs or injunctions outstanding against it or its assets or properties, that would in any case have a material adverse effect upon Operator's ability to execute this Agreement or otherwise to consummate and perform its respective obligations hereunder. (e) Operator is fully familiar with this Agreement and the obligations set forth herein, including all exhibits and schedules attached to this Agreement, if any, and Operator is capable of performing and complying with same. (f) All grounds, Facilities, equipment, and vehicles now owned by the County, or acquired by the County during the term hereof, or acquired by Operator, and charged to the County as an additional expense, on behalf of the County during the term hereof, shall remain or become the property of the County during the term hereof and upon the termination or expiration hereof. Section 3.3 Disclosure of Information Operator acknowledges that Operator has been the sole provider of the Services to the County's Facilities since December 22, 1998 under a prior agreement with the County, and has relied upon its own knowledge and experience in the Facilities in entering into this Agreement. The Operator represents and warrants to the County that it has disclosed, and will in the future disclose, any and all material information it now has, or may have in the future, relating to the Facilities that may be relevant to the performance of its duties and obligations in this Agreement. The County will, in the future, disclose any and all material information it may have relating to the Facilities that may be relevant in the performance of Operator's duties and obligations in this Agreement. Such information shall include, but shall not be limited to, the appropriate sections of any vulnerability or security assessment performed (including any vulnerability assessments performed in accordance with 42 USCS §300i-2 or any other similar statute), environmental audits, prior permit violations and/or dealings with regulatory agencies. Article 4 SCOPE OF SERVICES AND OPERATOR'S RESPONSIBILITIES Section 4.1 General Subject to the terms and conditions provided herein, the Operator shall operate, maintain, repair, replace and manage the Facilities during the term hereof to the extent set forth in Section 2.3 of the RFP and in this Article 4 (hereinafter the "Services). To the extent the scope of services set forth in Section 2.3 of the RI: P is more inclusive than as set forth in this Article 4, the scope set forth in Section 2.3 shall control and not be limited by the provisions of this Article 4. Section 4.2 Standard of Care The Services provided under this Agreement are of a professional nature and shall be performed in accordance with the degree of skill and care ordinarily exercised by members of Operator's profession in the geographic region of the Facilities at the time the Services are performed. WPB 381659471 v2 3i9/2007 Section 4.3 Process Control (a) The Operator shall operate and maintain the Facilities and all equipment and processes contained therein in accordance with relevant operation and maintenance manuals for the Facilities, Applicable Law, and the Environmental Permits. (b) During any County -approved construction or other modification of the Facilities, the County and the Operator will work together to maintain Operator's access to the Facilities and to minimize disruption and outages to the Facilities' existing equipment and components_ The County and the Operator will jointly develop a plan of action that will address protection to the Facilities' equipment and processes during any such construction and/or other rehabilitation period while providing for the continued operation of the Facilities to the extent reasonably possible. Section 4.4 Routine Maintenance of the Facilities and Equipment Subject to the limitations set forth in Section 4.5 below, the Operator shall (i) perform routine preventive and corrective maintenance in accordance with manufacturers' specifications and approved operating and maintenance procedures developed for equipment and processes of the Facilities; (ii) repair and/or replace equipment; (iii) routinely clean and lubricate equipment; (iv) routinely make equipment inspections and needed adjustments; (v) perform predictive maintenance as appropriate; (vi) perform building and grounds janitorial services for the Facilities and cleaning of all equipment and vehicles; (vii) perform plumbing and electrical maintenance; (viii) maintain vehicles and light duty service trucks necessary for daily operations; and (ix) maintain all of the Facilities' instrumentation, including instrumentation provided to the Operator by the County pursuant to this Agreement. Operator shall schedule and track all preventive and corrective maintenance and perform spare parts inventory control in accordance with standard industry practice. Section 4.5 Repairs and Replacement (a) The Client shall be responsible for all Annual Maintenance Expenditures. On a monthly basis, the Operator shall (i) invoice the Client for all Annual Maintenance Expenditures incurred during the preceding month, and (ii) report to the Client on the balance remaining unexpended on the Annual Repair and Maintenance Limit. The Client shall pay the Contractor's invoices for Annual Maintenance Expenditures within thirty (30) days of its receipt of such invoices. Operator shall not incur any Annual Maintenance Expenditures above the Annual Repair and Maintenance Limit without the prior written approval of the County. Any and all costs in excess of the Annual Repair and Maintenance Limit shall be invoiced to and paid by the County in the same manner as described immediately above. (b) The Operator shall not incur any single maintenance related expenditure whose unit cost exceeds four thousand dollars ($4,000.00) without the prior written approval of the County, except in the case of emergencies threatening the immediate shutdown of, or the substantial reduction in the operational capacity of any of the Facilities, or the life, health or property of the County and/or Operator, their employees and/or agents or others (for purposes of this Section 4.5 only, all such emergencies shall be referred to collectively and individually as an "Emergency") when Operator determines that a condition constitutes an Emergency, the Operator may begin taking the necessary abatement action, including all necessary equipment repairs, immediately without the County's prior approval. Any qualified maintenance related expenditure which is $4,000 or less incurred during the Emergency shall considered an Annual Maintenance Expenditure subject to the County's subsequent review and approval_ Any such expenditure unnecessarily incurred in an Emergency shall be borne by the Operator without reimbursement by the County, but only to the extent it is subsequently determined that the Operator's actions in incurring such cost were not WPB 381659477v2 3/WO07 consistent with good and prudent industry practice given the information available to the Operator at the time the decision to incur such cost was made. Section 4.6 Staffing (a) The Operator shall provide qualified and, where required, certified staffing for the operation and maintenance of the Facilities in accordance with the County's Environmental Permits. (b) The Operator shall provide an appropriate level of training for its personnel. (c) The Operator shall comply with the requirements and policies of the County regarding Equal Employment Opportunity (EEO) hiring, but only to the extent same is in compliance with Applicable Law. Section 4.7 Disposal of Process Residue (a) As the agent for the County, the Operator shall dispose of Process Residue. (b) The Operator shall dispose of Process Residue either at an approved landfill or at an approved land application site. The Operator will work with the County to secure an approved hauler and land application sites. Title and ownership of Process Residue shall remain with the County notwithstanding such services by the Operator. (c) The costs of transportation and disposal of Process Residue shall be paid by the Operator. The County shall reimburse the Operator the costs of transportation and disposal of Process Residue on a monthly basis based on actual invoices paid by Operator, copies of which are provided by the Operator to the County. Section 4.8 Testing and Laboratory Analysis Operator shall perform or shall contract with a laboratory certified by the State to perform all sampling and laboratory analysis required by the County's Environmental Permits. Laboratory procedures and analysis shall conform to the then current edition of Standard Methods for the Examination of Water and Wastewater, or shall be in accordance with testing requirements of the County's Environmental Permits. Section 4.9 Odor and Noise Control (a) Operator shall operate the Facilities within the limits and capabilities of the Facilities' equipment to effectively control odor and noise and ensure that there is no avoidable disruption of adjacent neighborhoods. (b) Odor complaints received by the Operator shall be reported to the County within twenty-four (24) hours and contain the name, address, phone number, date and time, Operator contact person, nature of odor, probable origin of the odor and the action the Operator will implement or has implemented to remedy and/or mitigate said odor. Section 4.10 Safety Program The Operator shall implement a proper safety program prior to beginning its Services under this Agreement. Such safety program shall comply with Applicable Laws and Operator agrees that it will adhere to all portions of that safety program. 10 WP$ 381659477v2 3/9/2007 Section 4.11 Communications (a) To keep the County informed about the status of the Facilities, the Operator shall, within thirty (30) working days of the Commencement Date, develop an informational communications program, subject to County's approval, which shall be comprised of a written monthly report to County on the operational status and maintenance of the Facilities and other reports or communications procedures to address non -routine information, events and emergencies. (b) Operator may interface with regulatory agencies without County's consent in matters related to compliance with the County's permits, including the Environmental Permits, and/or with respect to matters required under the Operator's staff certification and licensing requirements and/or as otherwise necessary to comply with Applicable Law, including communication during emergency situations. Operator shall, as soon as practicable and in reasonable detail, inform the County of the subject matter of such communications with regulatory agencies. All other communications with regulatory agencies, the media, or community groups may occur only upon County's request or with County's prior approval. Section 4.12 Reports (a) Operator shall maintain computerized and other necessary records of operations; maintenance, repair and improvement activities at the Facilities and shall prepare and submit to the County a monthly report, delivered to the County not later than ten (10) days following the end of eacil month, including a narrative and itemized summary of operations, maintenance, repair and replacement activities (including the draw -down against the Annual Repair and Maintenance Limit) and data required for monthly reporting to local, state and federal agencies. The monthly report shall also include the following items: (i) copies of process residue manifests; (ii) insurance claims that are fled or pending; and (iii) copies of all reports and correspondence made by the Operator to local, State and federal regulatory agencies on behalf of the County. (b) The Operator shall collect the data for all permit monitoring and operating reports required by Applicable Law or by this Agreement and shall deliver the required monitoring and operating reports to the County and to the appropriate regulatory agencies having competent jurisdiction over same. If required pursuant to Applicable Law, the Operator shall attest as to the accuracy and completeness of the data collected for each report. The County, however, shall at all times be responsible for maintaining all required permits for the ownership and operation of the Facilities. (c) All Facilities' records and data., including but not limited to operation reports, laboratory reports and monitoring documentation, but excluding Operator's budgetary and financial information, are the property of the County and cannot be destroyed by Operator without written consent of th:: County. All site -specific operating procedure guidelines, preventive maintenance and safety programs and plant evaluation reports will, upon termination of this Agreement, become and remain the property of the County. Section 4.13 Emergency Response (a) Operator shall provide emergency response when required_ Emergencies include situations in which, absent Operator's action, there is a risk of: (i) the Facilities' noncompliance with Applicable Law; (ii) failure of the Facilities to operate; (iii) circumstances affecting the safety of persons or property; (iv) adverse impact of hurricanes and other extreme weather conditions and other natural or man-made disasters; and (v) the occurrence of an event of Force Majeure or Shutdown. Vi/PB 381 b59471v2 3SQ007 (b) Operator shall provide said emergency response as promptly as possible, but, absent extraordinary circumstances, within ninety (90) minutes of being notified of the existence of the emergency and the need to respond thereto. (c) All costs incurred by the Operator in responding to emergencies shall be borne by the County, except where specifically provided otherwise, and where such emergency, production stoppage or failure of the Facilities to operate is a direct result of Operator's failure to operate and maintain the Facilities in accordance with the terms of this Agreement. (d) In the event of sudden damage or destruction of any portion of the Facilities, or in the event of an emergency which in the reasonable judgment of the Operator is likely to result in material loss or damage to any portion of the Facilities, or constitute a threat to human health or safety, the Operator may suspend operations of those portions of the Facilities which are reasonably determined to be affected by the emergency and may make such emergency repairs as are necessary to mitigate or reduce such loss, damage or threat. The Operator shall provide prompt notice to the County of any such damage, destruction or threat and of any emergency repairs that have or will be taken. The County and the Operator shall cooperate in good faith in pursuing reasonable measures to mitigate any threats to human health or safety, or the environment. (e) Within thirty (30) days of the Commencement Date, the Operator shall develop an emergency response plan that shall designate emergency team members and identify the standard operating procedures to be followed. In the event of an evacuation, the Operator will report to the County's designated emergency management location, or other site to be specified by the County's authorized representative. Section 4.14 Accounting Records Operator shall maintain up-to-date financial and accounting records as they apply to the Annual Maintenance Expenditures, emergency expenditures and other expenditures not covered by the Base Compensation. The records must be kept in accordance with the Operator's standard accounting practices and made available to the County within thirty (30) working days of County's written request. Section 4.15 Inventory and Condition of Facilities Equipment (a) Within ninety (90) days of the Commencement Date, Operator shall submit a written inventory of all hand tools, consumables and expendable supplies and spare parts at each of the Facilities. Within ninety (90) days of the Commencement Date, the Operator shall also submit a written inventory of any and all Process Residue stockpiled or contained at the Facilities. County, through Operator as the current provider of Services under its prior agreement with the County, agrees and shall take all necessary measures to ensure that the volume or quantity of all Process Residue stockpiled or contained within the Facilities as of the Commencement Date shall not exceed the volume or quantity of Process Residue typically generated from the operation of the Facilities in an average month. The County shall have twenty (20) days to verify and accept Operator's written inventories submitted pursuant to this Section 4.15(a). (b) At the termination of this Agreement, the Operator shall provide the County with inventory in quantity and/or value equal to or greater than the initial inventory, reasonable wear and tear excepted. The. Operator shall be permitted to leave only an amount of Process Residue at the Facilities that is less than or equal to the amount of Process Residue listed. in the inventory prepared by the Operator and accepted by the County pursuant to Section 4.15(a) above. 12 WPB 381659471 v2 3/9/2007 (c) Within ninety (90) days of the Commencement Date, the Operator shall prepare and submit an assessment report on the conditions of the Facilities and process equipment. The assessment report shall include a list of repair or replacement projects and recommended Capital Improvements necessary to ensure that the operation of the Facilities will conform to Applicable Law together with the projected costs associated with same. Section 4.16 Manufacturers' Warranties The Operator shall be responsible for maintaining all manufacturers' warranties on new equipment purchased by the County after the Commencement Date. In addition, the Operator shall assist the County in enforcing the warranties and guarantees, if any, for existing equipment used in connection with the operation of the Facilities. Under no circumstances shall the Operator's obligations hereunder include any express or implied warranties with respect to all Facilities equipment. Section 4.17 Additional Services The Operator may, at the request of the,County, perform Additional Services. Where applicable, Operator shall charge those rates for Additional Services set forth in Exhibit C. The rates in Exhibit C shall be adjusted on each Adjustment Date in accordance with the Price Index Increase. Where activities or projects undertaken by the Operator in the performance of Additional Services do not have set rates listed in Exhibit C, the parties shall agree in writing to such rates or project costs prior to the commencement of such activities. Article 5 CAPITAL PROJECTS Section S.1 Capital Improvements as Additional Services It is recognized by both parties that one of the benefits of this Agreement is the ability of the Operator to undertake for the County certain Capital Improvement projects at the Facilities as Additional Services. Section 5.2 Recommended Capital Improvements (a) Operator shall, within ninety (90) days after the Commencement Date, provide to the County a listing of recommended Capital Improvements and an estimate of the corresponding costs in order to ensure that the operation of the Facilities will continue to conform with Applicable Law and/or in order to improve the reliability of operations. (b) The Operator may propose and/or make, with written County approval, additional Capital Improvements in order to comply with a Change of Law, reduce costs, increase energy efficiency, or improve the Facilities' operations. Any savings resulting from the construction of such Capital Improvements shall be shared by the parties in accordance with Section 5.2(g) below. Any Capital Improvements that, in the County's reasonable opinion, negatively impact, on either a short-term or long-term basis, effluent quality, the margin of safety necessary to ensure compliance with Applicable Law, or service levels will not be approved. (c) Operator may, if requested in writing by the County, but shall not be obligated to, finance or arrange financing and/or provide for the design and construction/installation of Capital Improvements requested by the County, subject to mutually agreeable terms and conditions. (d) Prior to any Capital Improvement undertaken pursuant to this Section 5.2, the Operator shall submit detailed plans, construction estimates and construction schedules to the County for review and written approval which approval shall not be unreasonably withheld or delayed, 13 WPB 38165947lv2-W/2007 (e) Operator will not be relieved of its responsibilities to perfoirn under this Agreement if its recommendations in Section 5.2(a) and 5.2(b) are not implemented by the County unless the County's failure to implement such recommendations prevents the Operator from complying with its obligations hereunder. (f) During any County -approved construction or other modification of the Facilities, the County and the Operator will work together to maintain Operator's access to the Facilities and to minimize disruption and outages to the Facilities' existing equipment and components. The County and the Operator will jointly develop a "Plan of Action" that will address protection to Facilities' equipment and processes during any such construction and/or other rehabilitation period while providing for the continued operation of the Facilities as much as possible. (g) if the County has decided to authorize and approve Capital Improvements proposed by the Operator, the parties shall negotiate an equitable adjustment to the Base Compensation and shall duly take into account during such negotiations projected operational savings or additional operational costs, projected costs of the proposed Capital Improvements and proposed financing source and financing terms and conditions. The parties shall refrain from implementing any such Capital Improvements proposed ,by the Operator until they have reached agreement on the amount by which the Base Compensation should be adjusted. Article 6 ENVIRONMENTAL COMPLIANCE Section 6.1 Environmental Compliance Guarantee The Operator hereby guarantees (the "Environmental Compliance Guarantee") that the operation of the Facilities will comply with the all provisions of Applicable Law, including the County's Environmental Permits, subject to the following conditions: (a) The receipt at the Facilities of influent that contains Non-Processible Water or Wastewater; and/or (b) An event of Force Majeure or Shutdown; and/or (c) County's failure or refusal to approve or fund necessary Capital Improvements, maintenance, repair, and/or replacement activities in excess of the single expenditure repair and maintenance approval limit or the Annual Repair and Maintenance Limit; and/or (d) County's failure or refusal to approve operational/process changes necessary in order to allow the Operator to continue to comply with Applicable Law. In the event that the Operator is excused from meeting the provisions of the Environmental Compliance Guarantee for any of the reasons set forth in this Section above, the Operator shall provide the best treatment reasonably possible within the constraints of the Facilities' design, condition and physical limitations and shall resume normal operations within a reasonable time. Section 6.2 Fines and Penalties In the event that Environmental Permits or Applicable law violations occur following the Commencement Date and such violations constitute a breach of Operator's Environmental Compliance Guarantee, the Operator shall be responsible for fines, penalties, or damages or the admission of Operator fault for violations that may be imposed by Applicable Law. Prior to settlement or payment of any such fines, 14 WP8 381659471v2 319/2007 penalties or damages, the Operator reserves the right to contest government or private actions, suits or proceedings for violations through administrative procedures or otherwise. Article 7 COUNTY'S RESPONSIBILITIES Section 7.1 County's and Operator's Representatives On or before the Commencement Date, the County and the Operator shall each designate authorized representatives (each an "Authorized Representative") to administer this Agreement. Either party to this Agreement shall provide written notice to the other party of any change to the Authorized Representatives no less than fifteen (15) days prior to said change. Section 7.2 Permits The County shall be responsible for obtaining and maintaining all state, federal, and local permits and licenses required for ownership, operation and maintenance of the Facilities, including without limitation, the County's Discharge Permits. County shall also be responsible for the payment of all regulatory and governmental fees associated with ownership and operation of the Facilities and the County's equipment used in connection with the operation and maintenance of the Facilities. The Operator shall provide reasonable assistance to the County in obtaining and maintaining all required state, federal, and local permits and licenses associated with the ownership, operation and maintenance of the Facilities. Section 7.3 Utilities (a) Except as provided in Section 7.3(b) below, the County shall assume all responsibility and cost for arranging for the delivery and utilization of utility services for the operation of Facilities, including water, wastewater and electricity and telephone. (b) The Operator shall be responsible for providing mobile phones for its employees as they deem fit. Section 7.4 Compliance with Laws The County will comply with Applicable Law pertaining to the management, ownership, operation, maintenance, repair and replacement of the Facilities to the extent that the responsibility of complying with those laws is not specifically assumed by the Operator under the terms of this Agreement. The Operator shall not be responsible for County's failure to comply with any provision of Applicable Law that is not otherwise specifically assumed by the Operator hereunder. Section TS License to Use the Facilities The County hereby grants the Operator, without charge, a limited license during the term of this Agreement for the Operator's use of the Facilities, including all equipment, structures, facilities and vehicles under County's ownership and which have been assigned by County to the Facilities, solely for the purpose of discharging Operator's responsibilities and obligations under this Agreement and for no other purpose_ Section 7.6 Notice of Litigation In the event that the County receives notice of or undertakes the defense or the prosecution of any action, claim, suit, administrative or arbitration proceeding or investigation in connection with the operation and/or maintenance of the Facilities and/or this Agreement, the County shall give the Operator prompt 15 WPB 381659471 v2 3/9/2007 notice of such proceedings and shall inform the Operator in advance of all hearings regarding such action, claim, suit, proceeding, or investigation. In the event the Operator receives notice of any action, claim, suit, administrative or arbitration proceeding or investigation in connection with the ownership, operation and/or maintenance of the Facilities and/or this Agreement, the Operator shall give County prompt notice of such proceedings and shall inform the County in advance of all hearings regarding such action, claim, suit, proceeding, or investigation. Section 7.7 Access The County shall have full and unrestricted access to any and all parts of the Facilities at any and all times to review the performance of the Operator and inspect the Facilities during normal business hours. to connection with such visits and inspections, the County agrees on behalf of itself, and further agrees to require its agents, licensees, or invitees, to comply with all reasonable safety rules and regulations adopted by the Operator and/or promulgated by any governmental authority that regulates work place safety. Section 7.8 Approval or Disapproval of Proposed Extraordinary Costs In the event that the Operator provides written notice to the County in accordance with Section 4.5(b) that it proposes to incur an expenditure requiring the County's approval, other than for Emergencies, the County shall provide Operator with approval or disapproval of the proposed action within five (5) business days of receipt of such notice, unless such approval or disapproval requires action by the County Commission, in which event the time for approval or disapproval shall be extended as necessary. Section 7.9 General Authority The County shall perform all duties and discharge all responsibilities and obligations relating to the operation and maintenance of the Facilities not expressly assumed by the Operator pursuant to the terms of this Agreement or reasonably implied therein. Article 8 COMPENSATION Section 8.1 Base Compensation (a) For the period beginning on the Commencement Date, the County shall pay the Operator an annual fee (the "Base Compensation") in the amount of One Million Three Hundred Six Thousand Nine Hundred Eighty -One Dollars ($1,306,981.00). The Base Compensation shall be payable in equal monthly installments of One Hundred Eight Thousand Nine Hundred Fifteen Dollars and Eight Cents ($108,915.08), in arrears, on the first date each month that the County Finance Department distributes County -wide vendor payments, as adjusted pursuant to subparagraphs (b) and (c) below. (b) The amount of the Base Compensation shall be adjusted on each Adjustment Date in accordance with the formula set forth in Exhibit D hereunder in proportion to the Price Index Increase. This annual adjustment does not account for growth experienced at the County system. In no event shall the Base Compensation be reduced by virtue of this Section. (c) The County shall pay Operator at the then current rate of compensation until such time as the Operator notifies the County in writing that the Base Compensation has been adjusted, with backup documentation justifying such adjustment. In conjunction with such notification, Operator will invoice the County for any additional compensation owed retroactive to the Adjustment Date and the County shall pay verified invoices within thirty (30) days. 16 WPB 38165947lv2 3i9/2007 (d) If revision or correction is required to any invoice, including but not limited to providing backup documentation, the revised invoice shall be forwarded in a timely manner. Operator acknowledges that if the revised invoice is submitted after the fifteenth of the month, such revised invoice shall not be processed for payment until the following month. Section 8.2 Other Costs and Expenses Unless specifically provided otherwise in this Agreement, the Operator will not be required to bear the costs of the following: (a) Expenses resulting from a change in the scope of Services to the Facilities; (b) Expenses resulting from a Change in Law that changes operational requirements for the Facilities; (c) All repairs necessitated by the occurrence of a disabling event qualifying under the definition of Force Majeure or Shutdown hereunder; (d) Special, additional or extraordinary expenses incurred by the Operator in providing an emergency response following the occurrence of a disabling event qualifying under the definition of Force Majeure or Shutdown hereunder; (e) Water or sewage use fees associated with and/or equated to domestic water usage and/or wastewater discharge; (f) Expenses related to municipal or private surveillance and alarm monitoring by third party vendors; Professional engineering fees not included within the scope of Operator's obligations under the Agreement; (g) Expenses incurred from the treatment of Non-Processible Water or Wastewater, including without limitation, any penalties and fines that may be assessed as a result therefrom; (h) All costs attributable to the consumption of electric power (1) Capital Improvements, unless agreed to otherwise by the parties; 0) Taxes as provided in Section 8.4 below; and (k) All expenses necessitated by the repair and/or replacement of equipment or structures damaged by parties unrelated to, not under the supervision of, and not an agent, employee, vendor or subcontractor of the Operator. The County shall directly pay and/or reimburse and/or compensate the Operator for all expenses incurred or paid by the Operator for those items listed in (a) through (k) above within thirty (30) days of Operator's submission of Operator's properly documented invoices. For the listed items specified above, the County shall reimburse or compensate the Operator only for authorized costs incurred by the Operator including Operator's administrative costs and overhead associated with these items. Section 8.3 Change in Scope (a) In the event of a Change of Law or other factors which results in the necessity for either an increase or decrease of five percent (5%) or more in the Operator's cost of providing the Services hereunder, one party may provide notice to the other party in accordance with Section 12.8 and 17 WPB 381659471v2 3/9/2007 the parties shall negotiate in good faith to adjust the Base Compensation to account for such change in Operator's costs. If the parties are unable to reach a negotiated agreement within sixty (60) days of the date of notice, then the contract may be terminated immediately by either party. (b) The amount of Base Compensation may be reduced in accordance with paragraph 8.3(a) above if any of the Facilities are decommissioned by the County and the County provides written notice of same to the Operator. Section 8.4 Taxes County shall pay all property and ad valorem taxes associated with the ownership of the Facilities. Operator shall be responsible for any corporate or income taxes related to the Services, and all other taxes imposed on Operator's income or payroll. To the extent that Operator pays sales taxes on materials or services for which the County is obligated to reimburse the Operator under the term of this Agreement, Operator shall not be entitled to any mark-up on such taxes. Section 8.5 Accrual: of Interest on Late Payments Any and all payments due to the County by Operator shall accrue interest at the rate of one and one-half percent (1'/z%) per month or the maximum rate permitted by Applicable Law from the original due date and until payment is received. Any and all payments due Operator by the County shall be subject to the provisions of the Local Government Prompt Payment Act, Section 218.70, et seq., Florida Statutes. Article 9 TERM AND TERMINATION Section 9.1 Term (a) This Agreement shall remain in full force and effect for five (5) years from the Commencement Date unless terminated as provided for in Section 9.2 below. (b) Thereafter, this Agreement may be renewed for three successive periods of up to five (5) years per renewal upon agreement of the parties. Modifications to the Base Compensation during any renewal term shall be made pursuant to Section 8.1(b) of this Agreement. Following the expiration of each five (5) year term, the parties may, at their discretion, mutually amend the insurance provisions in Section 10.2. Section 9.2 Termination . (a) The failure of either party to comply with any of the material terms of this Agreement shall constitute a default. In addition, written admission by Operator that it is bankrupt, or the filing by Operator of a voluntary petition of bankruptcy, or the consent by Operator to the court appointment of a receiver or trustee for all or a substantial portion of its property or business, or the making of any arrangement by Operator with, or final adjudication of Operator as bankrupt based upon any involuntary petition under federal bankruptcy laws, shall constitute an event of default. Upon default by one party, the other party may send written Notice of Termination. Such notice shall clearly specify the nature of the default and provide the defaulting party forty-five (45) days to cure the default_ If the default is capable of being cured within forty-five (45) days but is not cured within forty-five (45) days, the Agreement shall terminate at midnight of the forty-fifth (45th) day following receipt of the Notice. In the case of default that cannot be cured within forty-five (45) days, this Agreement shall not terminate so long as the defaulting party has given written notice of the extension to the other party and the defaulting party has commenced and is diligently pursuing a cure. Evidence of such cure and its diligent pursuit shall be provided 18 WP8 381659471 v2 3r9/2007 from the party determined to be in default to the satisfaction of the other party. In the event that Operator abandons the Facilities during the term of the Agreement, the County may terminate the Agreement immediately without Notice or opportunity to cure. (b) Following a period of eighteen (18) months after the Commencement Date, either party may terminate this Agreement without cause by providing one hundred eighty (180) days notice of termination to the other party. Within ten (10) day of receipt of notice of termination without cause, the non -terminating party may request mediation regarding the termination to be held within thirty (30) days of the request, with each party sharing the cost of the mediation process and bearing its own attorneys' fees and costs. The terminating party shall have no obligation to withdraw its termination notice or abate the termination date as a result of a request for mediation. (c) In the event of the termination of this Agreement under Section 9.2(a) or (b) above, the County shall pay Operator for the Services provided and invoiced by Operator up to the effective date of termination plus the unamortized balance of Capital Improvements financed or paid for by the Operator, if any, as reflected on Operator's financial statements and less any costs or damages caused by or arising out of a default by Operator. In the event of the termination of this Agreement by the County under Section 9.2(b), the County shall also pay the Operator its Demobilization Expenses. No later than sixty (60) days prior to the date of termination, Operator shall provide the County with an itemized listing of its Demobilization Expenses, including a list of unamortized capital expenses. No later than thirty (30) days prior to the date of termination, the County shall inform the Operator of which, if any, capital items on the Operator's above - referenced itemized list the County would wish to acquire. Upon payment of the Demobilization Expenses, the Operator shall transfer ownership of such desired items to the County. Payment of all Demobilization Expenses shall be made within thirty (30) days of the date of termination. (d) Upon notice of expiration or termination of this Agreement, Operator shall continue to provide the operations, maintenance, and management services required hereunder until the effective date of termination if requested by the County. During this period, Operator shall assist the County or any party designated by the County, in assuming and transitioning the operation, maintenance and management of the Facilities. Operator consents to the County or any party designated by tha County meeting with those of Operator's employees assigned to the Facilities for the purpose of soliciting employment at the Facilities post -expiration or termination of the Agreement, which meeting(s) shall be held within sixty (60) days prior to the effective date of expiration or termination of the Agreement. Operator agrees that the County or any party designated by the County may, without compensation to Operator, hire any such Operator employees as of the effective date of expiration or termination of the Agreement. Article 10 RISK MANAGEMENT Section 10.1 Indemnification (a) Operator agrees to pay on behalf of, protect, defend, reimburse, indemnify and hold the County, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, referred to as "County"), free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against County by reason of any damage to property or bodily injury (including death) incurred or sustained by any third party (for purposes of this Section 10.1(a), the term "third party" also includes agents, employees, elected officers and representatives of the County), to the extent caused by the 19 WPB 381659471 v2 "12007 negligence, recklessness, or intentional wrongful misconduct of the Operator and persons employed or utilized by the Operator. This indemnification and hold harmless survives the termination or expiration of this Agreement. (b) Without waiving the County's sovereign immunity, solely to the extent of and subject to the limits provided in Section 768.28, Florida Statutes, the County will indemnify and hold harmless Contractor, its employees, agents and officers, from any liability or damages for property damage or bodily injury, including death, which may arise from the County's negligence or intentional wrongful misconduct, to the extent caused by the County's negligence or wrongful misconduct. This indemnification and hold harmless survives the termination or expiration of this Agreement. (c) Notwithstanding any provision to the contrary contained in this Agreement, in no event shall either party be liable, either directly or as an indemnitor of the other party, for any special or punitive damages, including damages attributable to loss of income or loss of profit even if such party has been advised of the possibility of such damages. Section 10.2 Operator's Insurance (a) Worker's Compensation. Operator shall maintain and, prior to commence of this contract, provide the County with evidence of 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 five hundred thousand dollars ($500,000.00) for accidents or disease. The County will be given a thirty (30) day written notice of cancellation or non -renewal. (b) Commercial General Liability: Operator shall maintain and, prior to commencement of this contract, provide the County with evidence of commercial general liability insurance to include: 1) premises/operations, contractual liability, products/completed operations, (including XCU hazards) and personal and advertising injury for limits of one million dollars ($1,000,000.00) per occurrence; 2) fire damage for limits of one hundred thousand dollars ($100,000.00) per occurrence; 3) medical payments for limits not less than five thousand dollars ($5,000.00) per person and 4) a general, aggregate limit of eight million dollars ($8,000,000.00). The County will be given a thirty (30) day written notice of cancellation or non -renewal. The County shall be included as an additional insured with respect to the Services performed under this Agreement except for any claim against or loss suffered by the County arising as a result of the County's negligence or fault and, in circumstances of joint fault or negligence, except to the extent of the loss attributable to the County's proportionate degree of negligence or fault. (c) Contractor's Pollution Liability Insurance. Operator shall maintain, during the term hereof, a policy providing pollution liability coverage for those activities performed by the Operator at the County's Facilities with a limit of five million dollars ($5,000,000) for each claim and five million dollars ($5,000,000) aggregate. The County shall be included as additional insured under this policy (d) Automotive Liability Insurance_ Operator shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of one million dollars ($1,000,000.00) combined single limit (bodily injury & property damage) per occurrence and 2) Personal Injury Protection (Florida no fault) with full statutory limits_ The County will be given a thirty (30) day written notice of cancellation or non -renewal and include County as an additional insured. 20 WPB 381659471v2 3G/2007 (e} Excess Liability. Operator shall maintain an Excess Liability Policy with maximum self -insured retention per occurrence insured in the Excess Liability Policy of twenty-five thousand dollars ($25,000.00) and a policy limit of five million dollars ($5,000,000.) {f) Obtaining Insurance. Operator shall not commence work pursuant to this Agreement until it shall have obtained all insurance required by this Section 10.2, and such insurance shall have been approved by the County as to form, amount and carrier. (g) County as Additional Insured. Except for Worker's Compensation and Employer's Liability Policies, the insurance to be provided by Operator shall insure the County as additional insured as required under the provisions of Section 10.2. This provision shall not create or be deemed to create any liability on the part of said additional insured which would not otherwise exist under the laws of the State of Florida. (h) Proof of Insurance. Within five (5) working days of the execution of this Agreement by both parties, Operator shall furnish satisfactory proof of coverage of the insurance required to be obtained under the provisions of this Section 10.2. The certificate of insurance shall provide that the County shall receive at least thirty (30) days notice prior to cancellation of such policies. (i) Waiver of Subrogation. To the extent permitted by law, and only if such action does not invalidate the insurance carried by either party, Operator on behalf of itself and its insurers waive their rights of subrogation with respect to losses occurring to property of the other party insured as required hereunder. (j) Performance Bond. Prior to commencing operations and continuing during the term of this Agreement, Operator shall provide a bond from a surety acceptable to the County in an amount equivalent to 120 days of the base bid. Section 10.3 Operator's Liability (a) In the event that claims(s) raised against the Operator on account of this Agreement, or on account of the Services performed hereunder, is/are covered under Operator's insurance .policies required of the Operator hereunder, the Operator shall not be responsible for any loss, damage or liability beyond the policy amounts contractually required hereunder. With respect to any cause of action and/or claim raised against the Operator that is not covered by the insurance policies required of the Operator hereunder arising under this Agreement, Operator's liability shall not exceed an amount equal to eight million dollars ($8,000,000.00). (b) Notwithstanding Operator's services provided pursuant to Section 4.10, under all circumstances, Operator should not assume any obligation or incur any liability for any injury, death or damage caused by (i) unsafe site conditions not created by the Operator or by any of its agents, employees and subcontractors, (ii) work being performed by other parties not related to the Operator, (iii) th- negligence of the County, and/or (iv) the negligence of any third party not related to the Operator. Article I DISPUTE RESOLUTION Section 11.1 Applicability To affect a timely and efficient resolution of disputes that may arise during the term of this Agreement, the parties hereto agree that all claims, controversies and disputes, shall be resolved pursuant to Section 11.2. 21 WP8 3816594 71 v2 3SQ007 Section 11.2 Disputes Any dispute relating to interpretation of the terms of the Agreement or a question of fact or arising under this Agreement shall be resolved through good faith efforts upon the part of the Operator and the County. Any dispute that is not resolved by mutual agreement shall be submitted to a mediator for non -binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. The mediation shall take place at the County Administration Annex. With respect to any dispute resolution process or proceeding brought under this section and any litigation between the parties, each party shall bear its own costs, including the cost of its own attorney's fees. The parties shall evenly share the costs of the mediator. Section 11.3 Covenant to Continue Work During resolution of any dispute under this Article, the Operator and the County shall each continue to perform all of their respective obligations under this Agreement without interruption or delay. Article 12 MISCELLANEOUS Section 12.1 Relationship Except as provided in Section 4.7(a) of the Agreement, the relationship of the Operator to the County is that of independent contractor for all purposes under this Agreement, including for the purposes of applicable wage, tax, fringe benefit and worker compensation laws. This Agreement is not intended to create, and shall not be construed as creating, between Operator and County, the relationship of principal and agent, joint venturers, co-partners or any other similar relationship, the existence of which is hereby expressly denied. Section 12.2 Construction In construing this Agreement, the following principles shall be followed: (i) no consideration shall be given to the captions of the articles, sections, subsections or clauses, which are inserted for convenience in locating the provisions of this Agreement and not as an aid in construction; (ii) no consideration shall be given to the fact or presumption that any of the parties had a greater or lesser hand in drafting this Agreement; (iii) examples shall not be construed to limit, expressly or by implication, the matter they illustrate; (iv) the word "includes" and its syntactic variants mean "includes, but is not limited to" and corresponding syntactic variant expressions; (v) the plural shall be deemed to include the singular, and vice versa; (vi) each gender shall be deemed to include the other genders; (vii) each exhibit, appendix, attachment and schedule to this Agreement is a part of this Agreement; and (viii) any reference herein or in any schedule hereto to any agreements entered into prior to the date hereof shall include any amendments or supplements made thereto. Section 12.3 Entire Agreement; Amendments This Agreement contains the entire agreement between the County and the Operator and supersedes ali prior or contemporaneous communications, representations, understandings or agreements. This Agreement may be modified only by a written amendment signed by both parties. 22 WPB 381559471v2 31WO07 Section 12.4 Waiver The failure on the part of either party to enforce its rights as to any provision of this Agreement shall not be construed as a waiver of its rights to enforce such provisions in the future. Section 12.5 Assignment This Agreement shall be binding upon the successors and assigns of each of the parties, but neither party shall assign this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld. The County may assign this Agreement to a new owner of the Facilities without the consent of Operation if the County sells the Facilities, provided, however, that such assignee expressly and in writing assumes all obligations of the County under this Agreement. Nothing contained in this Section 12.5 shall be construed to release either party in the event of an assignment of either part's interest. Section 12.6 Force Majeure A parry's performance of any obligation under this Agreement shall be excused if, and to the extent that, the party is unable to perform because of any event of Force Majeure. In any such event, the party unable to perform shall be required to resume performance of its obligations under this Agreement upon the termination of the event or cause that excused performance hereunder or as soon as practicable notwithstanding the event of Force Majeure. Section 12.7 Governing Law and Venue The Agreement shall be governed by and construed in accordance with the laws of the State. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be exclusively in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justifiable in federal court. Section 12.8 Notices All notices will be in writing and shall be deemed given when mailed by first class mail or delivered in person. Notices required to be given to the Operator will be addressed to: With a copy to: Severn Trent Environmental Services, Inc. 4837 Swift Road, Suite 100 Sarasota, Florida 34231 Attn: Edward Goscicki, P.E. Vice President Elias Group LLP 411 Theodore Fremd Avenue Rye, NY 10580 Attn: Dan Elias, Esq. Notices required to be given to the County will be addressed to: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue 23 WPB 381659471v2-3AW007 With a copies to: Ft. Pierce, FL 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 St. Lucie County Utilities Director Administration Annex 2300 Virginia Avenue Ft, Pierce, FL 34982 Section 12.9 Severability Should any part of this Agreement for any reason be declared invalid or void, such declaration will not affect the remaining parts of this Agreement, which will remain in full force and effect as if the Agreement had been executed with the invalid portion eliminated. . Section 12.10 Counterparts This Agreement may be executed in more than one counterpart, each of which shall be deemed an original. Section 12.11 Modification of Agreement No change in or modification, termination or discharge of this Agreement, in any form whatsoever, shall be valid or enforceable unless it is in writing and signed by the party to be charged therewith or its duly Authorized Representative, provided, however, that any change in or modification, termination or discharge of this Agreement expressly provided for in this Agreement shall be effective as so provided. Section 12.12 Survival Termination or expiration of this Agreement shall not release either party from any liabilities or obligations set forth in this Agreement which (i) the parties have expressly agreed shall survive any such termination or expiration; or (ii) remain to be performed or by their nature would be intended to be applicable following such termination or expiration. IN WITNESS WHEREOF, the parties have duly executed this Agreement effective as of the date first set forth above. [Signature Pages to Follow] 24 WPB 381659471 v2 3,9/2007 ATTEST: CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVF,.,"S TO FORM AXD.\CORRECTNESS: COUNTY A SEVERN TRENT ENVIRONMENTAL SERVICES, INC. i By: -•�•� .I' ��'�� Title v�Sic�ry� �<� CCD 25 WPS 381659471 v2 3R9/2007 EXHIBIT C FEE SCHEDULE FOR ADDITIONAL SERVICES --- —_._ _ -- - ---- - .._.--------- --------- - r- - Labor Classification --_.. R i-----e9ular Rate overtime Rate _.... —-..._.. - ------------...;_.._..._..---.....__....._._..__._.... —----------.._... ..........-------- Unskilled Laborer ; $601hour $9011hour Plant Operator (Glass B) $70/hour $1051hour Plant Operator (Class C) i $65/hour Skilled Maintenance $ 651hour Electrician $70/hour i Controls Technician i $75/hour Equipment T ---- - yam- _......... -- ._._.... - -- ; ...... Regular Rate -- Backhoe with Operator ; $125/hour j Loader with Operator $125/hour Track -hoe with Operator $1751hour Dump Truck with Operator $1001hour Utility Vehicle with Operator i $651hour --------------- Flat Bed Truck with Operator $85/hour Portable Pump (4" trash) $35/hour Generator (35-45 kw) - ................... .--...._..- $40/hour i - --- -- --- Vactor Truck with One Operator - ..........- -- .............__._.... --...... $2251hour ... ....... - _---...._...._... TV Truck with Operator $2001hour TV/Cleaning (min 2,000' emergency) '. $2001hour WPB 381659471v2 3(9/2007 $97,501hour $97.501hour $1051hour $112.501hour K Compensation Severn Trent's proposed pricing presented in Exhibits C and D responds directly to the scope of work detailed in the RFP and is based upon our years of experience with the St. Lucie County facilities. Exhibit D-Annual Fee Schedule Description No. Hutchinson Island So. Hutchinson Island Airport Fairwinds CC Lakewood Park North County Utility District Totals Personnel $392,153 $366,867 $9,951 $15,722 $17,303 $274,999 $1,076,995 Chemicals $27,008 $29,089 $0 $3,669 $2,142 $52,654 $114,562 Lab Testing $25,534 $31,491 $0 $5,542 $5,488 $8,345 $76,400 Travel/Training $2,669 $2,549 31 54 $59 $1,528 $6,890 Material Supplies $2,862 $2,889 $0 $0 $0 $2,863 $8,614 Contractual $3,259 $4,806 $0 $1,386 $0 $3,480 $12,931 Groundskeeping/ Landscaping $867 $876 $0 $4,157 $4,400 $289 $10,589 Total Annual Base Fee $454,352 $438,567 $9,982 $30,530 $29,392 $344,158 $1,306,981 Sludge Removal' $49,320. $53,280 $0 $2,520 $12,600 $33,000 $160,720 Annual Repair& Maintenance Cap' $25,000 • $50,000 $5,000 $2,500 $2,500 $25,000 $110,000 Sewer Vacuum Truck (Allowance)` $5,000 $5,000 $1,000 $0 $2,000 $3,000 $16,000 Other $0 $0 $0 $0 $0 $0 $0 Combined Totals $533,672 $546,847 $15,982 $35,550 $46,492 $405,158 $1,583,701 ' NOTE: These values will be reviewed annually in conjunction with the County after the presentation of the annual report. 2M rS $t Lacte County, FlQnda r t ' R t < < i ' A ; ,P2ge Kai r ;, x,PfoP45ettbr`Ccr�prehenslye�C,anlract0 =ratan8�M5Igt2nanSe)Vices{gr�Uater,Wasral�atzr&Re�faiMedNlfiArS�stems FIRST AMENDMENT TO THE OPERATION AND MAINTENANCE AGREEMENT FOR WATER, WASTEWATER, AND RECLAIMED WATER BETWEEN SEVEN TRENT ENVIRONMENTAL.SERVICES, INC: AND ST. LUCIE COUNTY, FLORIDA . THIS FIRST AMENDMENT is made this lst day of August, 2008, by and between St. Lucie. County,. Florida, apolitical subdivision of the State of Florida (the "County") and SevernTrent Environmental Services, Inc ("Operator"). WITNESETH: WHEREAS, on March 23, 2007, the parties entered into an Operation and Maintenance Agreement for Water, Wastewater, and Reclaimed Water (the " Agreement") whereby the Operator agreed to operate, maintain and manage the County's Facilities; and WHEREAS, the Agreement allows for the amending of the Agreement to provide additional services to the County by Operator; and WHEREAS, to date, the County has utilized the services of Operator to .provide certain utility billing services through an arrangement with Operator and the City of Miami Springs, Florida; and WHEREAS, the parties now desire io incorporate these utility billing servic.es.int.o the Agreement at the same rates, fees and charges currently being charged to the County by the Operator. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good. and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. All capitalized terms contained in this First Amendment and not specifically defined herein shall have the meaning provided to such terms in the Agreement. 2. Section 4.18 shall be added to. the Agreement and shall read as. follows: 4.18 Utility Billing Services The County authorizes Operator to perform the following services at the rates and charges shown in Section 8.6 below, without the necessity of any further authorization. a. Utility Billing Related Services i. Print, .prepare and mail montlAy utility bills. ii.. Prepare and mail revised or corrected bills or small transmissions of less than fifty (50) pieces (miscellaneous bills) and: final notices, including return envelopes. iii.If requested by County, Operator will stuff one (1)County-provided insert per bill. b. Special Services. The following services will be provided upon Countys request: i. Special Customer Notices. Prepare and/or print special notices - with a .charge quoted and agreed to by the parties for each notice. ii. Mail Special Customer Notices. Mail notices separately (not included with a utility bill) to County's customers — witha. charge quoted and agreed to by. the parties for each mailing Section 7.10 shall be added to the Agreement. and shall read as follows: Section 7.10 Additional Responsibilities of the County a. Maintain up-to-date information on County's customer accounts by entering data into County's designated computer system. b. Produce bill printing extracting files in format acceptable by Operator's designated computer system. c. Transmit bill printing and final notice extract files to Operator's designated computer system via electronic media. County is responsible for all costs associated with transmission cost and hardware on County's premises. d. Provide Operator with annual data transmission, printing and mailing schedule by December of each Agreement Year. e. Notify Operator in writing at least thirty (30) days prior to effective date of change of County's return address and/or zip code, changes to rates, and any other material change. f. Post billing transmissions to County FTP server. for Operator retrieval and send electronic snail to Operator with each confirmation of posting. 4. Section 8.6 shall be added to the Agreement and shall read as follows: 8.6 Utility Billing Rates, Fees and Charges The following rates, charges and other provisions shall be applicable to the utility billing 2 services provided by Operator in accordance with Section 4.18. a. Billing Printing and Mailing Print, prepare and mail bills - $0.50 .per bill ii. Prepare and mail revised or corrected bills or small transmissions of less than 50 pieces (miscellaneous. bills) and final notices, including return envelope: $ l .02 per bill. iii. . If requested by County, Operator will stuff one (1) County provided insert per bill: $0.05 per bill. iv. Non -bulk rate .billings (transmissions less than .500 pieces): $0.60 per bill printed. V. Current U.. S. Postal Service postage rates for addresses within the continental United States are included for the above services. Canadian and foreign postage is extra and will be charged at the actual current U.S. Postal rates above regular mailing price. Any increase in US Postal rates will result in'a corresponding increase in the above rates applicable to mailing customer bills upon effective date of increase. b. Additional Provisions Annlicable to Rates and CharLyes i. All charges for preparing and mailing customer bills and notices include first class postage for U.S. addresses. Amounts equal to any increase in the U.S. Postal Service rates applicable to mailing customer bills upon effective date of increase. ii. Computer system program and report .format changes requested by County's requiring less than one half (1/2) hour programmer time will be made without extra charge; however, extra charges will be applicable to changes to Operator's standard programs and formats requiring more than one half (1 /2) hour programmer time (see rates in Section 8.6(b)(iii) above for programming services). iii. The rates and charges shown herein are exclusive of any sales or use taxes which may be applicable to the services provided by Operator and are subj ect to increases in the amount of any such taxes. iv. All handling and delivery charges pertaining to reports and other documents are. at County's expense. 3 p V. On or about the IOth day of each month, Operator will render an itemized invoice for the utility billing services performed during the preceding month. Invoices are due and payable in accordance with the Florida Statutes Prompt Payment Act. vi. The rates and charges shall be amended upon implementation of County's request for changes to the character of services or. procedures in connection with performing the same, in which case the parties shallprepare an addendum to this Agreement setting forth the compensation forsuch services. 5. This First Amendment shall be effective on. April 1, 2008'. 6. Except as expressly amended herein, all of the remaining terms and conditions ofthe Agreement as amended shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date and ye ove written. OARD OF COUNTY COMMISSIONERS ATTEST: ; T. LUCIE COUNTY, FLORIDA � m J C . BY: CLERK u `lµ CtIAIRMAN APPROVED AS TO FORM AND UNTY X ATTEST: SEVERN TRENT ENIRONMENTAL SERVICES, INC. axles MeralMana ssey, .Tr. Regional ger 61 C)-7-o3-I�� SECOND AMENDMENT TO THE OPERATION AND MAINTENANCE AGREEMENT FOR WATER WASTEWATER AND RECLAIMED WATER BETWEEN SEVEN TRENT ENVIRONMENTAL SERVICES, INC., AND ST LUCIE COUNTY FLORIDA THIS FIRST AMENDMENT is made thisX day of 2009 by and between St Lucie County Florida, a political subdivision of the State of Florida (the "County") and Severn Trent Environmental Services, Inc. ("Operator"). WITNESSETH: WHEREAS, on March 23, 2007, the parties entered into an Operation and Maintenance Agreement for Water Wastewater and Reclaimed Water (the "Original Agreement"), whereby the Operator agreed to operate maintain and manage the County s Facilities; and WHEREAS, on August 1, 2008, the parties entered into the First Amendment to the Operation and Maintenance Agreement for Water Wastewater and Reclaimed Water (the "First Amendment") (the Original Agreement as amended by the First Amendment shall hereafter be referred to collectively as the "Agreement'); and WHEREAS, the parties desire to enter into a second amendment to the Agreement (the "Second Amendment"). NOW THEREFORE in consideration of the mutual promises and covenants contained herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged the parties hereto agree to amend the Agreement as follows: 1. All capitalized terms contained in this Second Amendment and not specifically defined herein shall have the meaning provided to such terms in the Agreement. 2. The parties agree that the Base Compensation pursuant to Paragraph 8.1(a) shall be set at One Million Two Hundred Forty Seven Thousand Six Hundred Thirty Four Dollars and seventeen cents ($1,247,634.17) commencing with.the monthly installment due on April 1, 2009. The Base Compensation shall adjust pursuant to subparagraphs 8.1 (b) and (c) commencing on. April 1, 2010. 3. The parties agree that the administrative fee on Extraordinary Costs shall be reduced from seven percent (7%) on the first Three Hundred Thousand Dollars ($300,000) of Extraordinary Cost to three and one-half percent (3.5%). The parties further agree that the Operator overtime labor, rates shall be reduced fifteen percent (15%) from the overtime labor rates in affect on the date of execution of this Second Amendment. w r- - _.. ..... ..... rr 4. This Second Amendment shall be effective on April 1, 2009. 5. Except as expressly amended herein all of the remaining terms and conditions of the Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have duly executed this Second Amendment effective as of the date first set forth above. BOARD OF COUNTY COMMISSIONERS ATTEST ST. LUCIE COUNTY, FLORIDA it 6 Y: CHAI A i APPROVEDS TO FORM CORRECTNE ,;-, 4 , , . i COUNTY A SEVE T EN=MENTAL SERVICES, INC. By: ri� Title: ITEM NO. VI — D-6 DATE: 02/21 /2012 . AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Laurie Waldie SUBMITTED BY: Public Works/Utilities Utility District Director SUBJECT: 2010 Rate Schedule Amendment BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: June 1, 2010 - BOCC approved rate structure for District. ECOMMENDATION: Board adoption of Resolution 12-034 authorizing the correction of the scrivener's error for the wastewater utility rates, fees and charges within the St. Lucie County Water and Sewer District as outlined in the agenda memorandum and attached exhibits. COMMISSION ACTION: ( ) APPROVED ( ) OTHER ( ) DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) OMB Director ( ) Budget Analyst Dan McIntyre Originating Dept. ( X ) Other ( ) Do West Marie Gouin Robert O'Sullivan I W4 4� Utility Department MEMORANDUM TO: Board of County Commissioners FROM: Laurie Waldie, Utility District Director DATE: February 21, 2012 SUBJECT: 2010 Rate Schedule Amendment ITEM NO. VI — D-6 Background: It was discovered that there was a scrivener's error for one of the wastewater rates on the 2010 Rate Schedule for Resolution No. 10-149. While the rate is correct, and the intent with all calculations in the computation of the rates reflected the correct usage, the consultant inadvertently used the incorrect wording in the rate study for this rate (see attached e-mail) and this was carried over onto the resolution exhibit. The: Sewer Base Facility Charge (Flat Fee All Meter Sizes) $66.23 Should be: Sewer Base Facility Charge (Flat Fee Per ERC) $66.23 -Sewer Only Customers - Plus: Customer Account Charge (Per Bill) $ 2.40 Recommendation Board adoption of Resolution 12-034 authorizing the correction of the scrivener's error for the wastewater utility rates, fees and charges within the St. Lucie County Water and Sewer District as outlined in the agenda memorandum and attached exhibits. RESOLUTION NO. 12-034 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SITTING AS THE COMMISSION OF THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT, AUTHORIZING THE CORRECTION OF THE SCRIVENER'S ERROR FOR THE WASTEWATER UTILITY RATES, FEES AND CHARGES FOR CUSTOMERS WITHIN THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 04-023, (the "District Ordinance") the St. Lucie County Board of County Commissioners ("Board") created the St. Lucie County Water and Sewer District ("District") for the purpose of providing water, wastewater, and reclaimed water service within the boundaries of the District; and WHEREAS, on June 1, 2010, in Resolution No. 10-149, the Board, sitting as the Commission of the St. Lucie County Water and Sewer District ("Commission") established the existing water, wastewater and reuse utility rates, fees and charges for the utility services furnished to the customers of the District ("2010 Rate Resolution"); and NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, sitting as the Commission of the St. Lucie County Water and Sewer District: Section 1. ADOPTION OF THE CORRECTED 2010 RATE SCHEDULE FOR THE DISTRICT. The wastewater corrections to the 2010 Rate Schedule, setting forth the rates, fees and charges for customers within the St. Lucie County Water and Sewer District to be serviced by the District utility system is hereby adopted. Section 2. EFFECTIVE DATE. This Resolution shall become effective upon adoption. W&S District Rate Resolution 12-034 Section 3. ADOPTION. After motion and second, the vote on this Resolution was as follows: Commissioner Chris Dzadovsky, Chairman XXX Commissioner Tod Mowery, Vice Chairman XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX Commissioner Chris Craft XXX PASSED AND DULY ENACTED this day of , 2012. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONER ST. LUCIE COUNTY, FLORIDA WA Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney EXHIBIT "I" CORRECTED SCHEDULE OF RATES, FEES AND CHARGES EFFECTIVE UPON ADOPTION. W&S District Rate Resolution 12-034 EXHIBIT 6CF ST. LUCIE COUNTY WATER AND SEWER DISTRICT COMMERCIAL METERED RATE SCHEDULE WASTEWATER SERVICE AVAILABILITY — Available throughout the area served by the District. APPLICABILITY — For wastewater service to all commercial and industrial customers and to where no other rate schedule applies. RATES (Monthly) Base Facility Charge Based on water ERC's (an ERC equals 300 gallons per day) Per ERC $34.85 Customer Account Charge (Per Metered Connection) $ 2.40 Consumption Charge (Per 1,000 Gallons) All Gallons $ 6.97 Sewer Base Facility Charge (Flat Fee per ERC) $66.23 -Sewer Only Customers - Customer Account Charge (Per Bill) $ 2.40 Resolution 12-034 St. Lucie County Utility Rate Correction Leslie Smith From: Anderson, Daniel T. <AndersonDT@cdmsmith.com> Sent: Friday, February 10, 2012 2:41 AM To: Laurie Waldie Cc: Grotke, Eric Subject: RE: Correction of Scrivener's Error on Airport Flat Rate for Sewer Importance: High Dear Ms. Waldie, CDM Smith confirms that the basis of computation of the Sewer Only Customers' rate in the rate study, and as used in the calculation of revenue requirements, the rate of $66.23 is a Flat Fee Per ERC. It was a scrivener's error that the language in the study just had Flat Fee All Meter Sizes. Let us know if you have any questions pertaining to this confirmation. Very truly yours, Dan Daniel T. Anderson, PE, BCEE Principal Environmental Engineer CDM Smith 1601 Belvedere Road, Suite 400 East West Palm Beach, FL 33406 T: 561-689-3336 C: 561-379-6126 andersondtC@cdmsmith.com cdmsmith.com 1 TO: SUBMITTED BY: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Environmental Resources Department SUBJECT: Work Camper Agreement - Bluefield Preserve BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A ITEM NO. VI-E DATE: 2/21 /12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) PRESENTED BY: Amy Griffin Environmental ns and Lands Manager PREVIOUS ACTION: December 6, 2011 — BOCC approval of Work Camper Agreement September 28, 2010 - BOCC approval of Work Camper Agreement RECOMMENDATION: Board authorization to terminate the Work Camper Agreement with William Miley for Bluefield Preserve. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER County Attorney ( X ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Dan McIntyre 1 /1ur+ Budget Analyst. ( X) _ ERD ( X ) Robert O'Sullivan Karen L. Smith Environmental Resources MEMORANDUM TO: Board of County Commissioners THROUGH: Karen L. Smith, Environmental Resources Department Direct FROM:, Amy Griffin, Environmental Regulations and Lands Manager DATE: February 21, 2012 SUBJECT: Work Camper Agreement — Bluefield Preserve ITEM NO. VI-E Background: ERD recommends terminating the Work Camper Agreement with William Miley. Pursuant to the Work Camper Agreement, either party may terminate the Agreement with or without cause upon seven (7) days written notice to the other party. The "Work Camper' program was established for St. Lucie County Environmentally Sensitive Lands (ESL's) program in 2002. This program provides staffing for select ESL's in exchange for temporary residence on the sites. The work camper provides his/her own recreational vehicle and twenty (20) hours of services each week. Services may include opening and closing gates, patrolling and site security, parking lot mowing and exotic plant removal. Recommendation: Board authorization to terminate the Work Camper Agreement with William Miley for Bluefield Preserve. TO: SUBMITTED BY: SUBJECT: BACKGROUND: ITEM NO. VI-F1 DATE: 02/21 /12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin Office of Management & Budget/Purchasing Director Request for Proposals (RFP) No. 12-003, Lobbyist Services. See attached memorandum. FUNDS AVAILABLE: 001-1210-531000-100 Professional Services — General Fund 184-3710-531000-300 Professional Services - Erosion PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the highest ranked firm for Lobbyist Services and permission to: 1. Conduct contract negotiations with the highest ranked firm, Van Scoyoc Associates, Inc of Washington, DC; 2. If negotiations are successful, award contract to the highest ranked firm and authorization for the Chairman to sign the documents as prepared by the County Attorney; 3. If Staff is unable to negotiate a satisfactory contract with Ithe highest ranked proposer, negotiations with that firm shall be terminated and Staff shall attempt to negotiate a contract with the second ranked firm. If these negotiations are not successful, they shall be terminated with the second proposer and attempted with the next ranked firm. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) Budget Analyst (X) �. Dan clntyre Patty Marston Planning & ( X ) Purchasing ( X) Development Services A/V Desiree amino Michael Brillhart Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners. FROM: Marie M. Gouin, Management & Budget Director DATE: February 21, 2012 SUBJECT: ' . Request for Proposals (RFP). No. 12-003, Lobbyist Services . ITEM NO. VI-F1 Background: On November 30, 2011, responses to RFP No. 12-003, Lobbyist Services, were opened. Seven proposals were received; 112 companies were notified and 18 RFP documents were distributed. On January 9, 2012, the selection committee evaluated and ranked the proposals that were received. The committee members' scores and ranking for each firm is provided in Attachment B. The purpose of this RFP is for the selection of one Firm to assist the County in providing Lobbying Services with the United States Legislature and Federal Agencies. The services are to be provided in conjunction with St. Lucie County's Federal Legislative Appropriations, grant requests and any legislation that may affect St. Lucie County. Recommendation: Board approval of the highest ranked firm for Lobbyist Services and permission to: 1. Conduct contract negotiations with the highest ranked firm, Van Scoyoc Associates, Inc of Washington, DC; 2. If negotiations are successful, award contract to the highest ranked firm and authorization for the Chairman to sign the documents as prepared by the County Attorney; 3. If Staff is unable to negotiate a satisfactory contract with the highest ranked proposer, negotiations with that firm shall be terminated and Staff shall attempt to negotiate a contract with the second. ranked firm. If these negotiations are not successful, they shall be terminated with the second proposer and attempted with the next ranked firm. Attachment A BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT TABULATION SHEET -- RFP# 12-003 LOBBYIST SERVICES OPENED: NOVEMBER 30, 2011 AT 2:00 PM Seven (7) Submittals were received for subject proposal: ALCALDE & FAY'S Contact: Jim Davenport Phone: 703-841-0626 Fax: 703-243-2874 Address: 21111 Wilson Boulevard, 8 FI., Arlington, VA 22201 BECKER & POLIAKOFF LEGAL AND BUSINESS STRATEGISTS Contact: Omar Franco Phone: 202-559-8780 Fax: 202-559-8760 Address: 1155 F Street, NW Suite 1050, Washington, D.C. 20004 CARDENA'S PARTNERS LLC Contact: Carl Chidlow Phone: 202-904-2050 Fax: 202-904-2051 Address: 1350 I Street, NW Washington, DC 20005 GEPHARDT GOVERNMENT AFFAIRS Contact: Dick Gephardt I Phone: 202-403-2150 Fax: 202-403-2048 Address: 1101 K Street, NW, Suite 310, Washington, D.C. 20006 MARLOWE &COMPANY Contact: Howard Marlowe Phone: 202-775-1796 Fax: 202-775-0214 Address: 1667 K Street, Suite 480, Washington, D.C. 20006 THE FERGUSON GROUP LLC Contact: Val, Gelnovatch Phone: 202-331-8500 Fax: Address: 1130 Connecticut Ave., NW Suite 300, Washington, D.C. 20036 VAN SCOYOC ASSOCIATES Contact: Gre Burns Phone: 202-638-1950 Fax: 202-638 7714 Address: 101 Constitution Ave., NW Washington, D.C. 20001 NUMBER OF.COMPANIES NOTIFIED*: 112 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 18 NUMBER OF BIDS RECEIVED: 7 * - Per demandstar.com CHRIS DZADOVSKY, District No.1 ♦ TOD MOWERY, District No. 2 + PAULA A. LEWIS, District No. 3 ♦ FANNIE HUTCHINSON, District No. 4 • CHRIS CRAFT, District No. 5 County Administrator— Faye W. Outlaw, MPA 2300 Virginia Avenue —Fort Pierce, FL 34982.5652— Phone (772) 462-1700 — TDD (772) 462-1428 Websile: www.co.st-lucie.tLus Attachment B lelol M 1- 0-CijN 0001-(0o t- (O NLo"r IT MMM Sal;Ijt(jedEo V saoinoseN lepueulj Co CD LID I v Co M M rr saoua3a;as N N N O O O (0 . N l4unoo alon-1 •;S ul soualaadxs pa;elaa o Lo �1q,Co0 Co o00 s;uawu.iano! Ll? lm s40e4u00 }sEd 0 0 � ,r � Coi NNN sawejj owlj to N N N N N N N N lesodold ;o ssoupunos leoluyoal Lo d' V' N (D CY) Co Cn Lo N N NNN r saoanosoN uewnH;o asGladx3 o C) CoLo v� Lo v vq- vesodoad o ;o suol;eogllentj N 0 �- o r- Co Co r r (o (o spiepue;s JOS;aaw o} l4lllgV r to N h(o(O Co (� O CO (O (U O CO•r CA spaooaU aouewaoPad }sed o 0 Cn Co M(nO NV'�" cM M lauuosiod pal;lienb;o f}lllgelleAy. Lo ti to(o Lo Lo Lo' uogEoo-1 N o 000n o00 C C CL CO N N O . O_ t6 Q O Co N a) m U 0C) O CO O roO 0 (w• 0 Uw CouiEw a�' E2 om'� aE .6 iLEOa °o aO fl�o OO NCO (v 'a �LLm C Et�c UN E is c ENUa).N Y O O N f O (i5 � aE�- aE >Q: QE C7UlI m N D o` C7 � Z O N O � M Co N. U Q a ro 0 0 .n ro N 0 ro 0 0 c E O C 'B w.- O m o c o c o U ro Co0 ca Cj C) > Z c o U N 0 k ID Z J = O N ( O (u 0) O c ro ro m y Q. Up �o c D `O 0 0 O (D U aa) 'C3 XI mu ro U 0 N L i �p U 7 U 0 : O 0 '- Cr — � C ro _ ro .20 � O:C O 0 o o CL ro m O AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Office of Management & Budget/Grants ITEM NO. VI-F2 DATE: 2121/12 REGULAR ( ) PUBLIC. HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Glenn Henderson Senior Grants Writer SUBJECT: FEMA Severe Repetitive Loss Program — County Contract BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001543-1930-546200-100 Maintenance Improvement Projects PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board authorization to execute a FEMA Severe Repetitive Loss contract with one homeowner, and Board authorization to have the Chairman sign the contract, as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) Management & . A Budget Director Daniel McIntyre Budget Analyst Housing & (X) Parks, Recreation Community & Facilities Services Director Beth Ryder Parks, Recreation & Facilities (X) Marie M. Gouin Robert O'Sullivan (X) Roger Shinn Don Mcl-am Office of Management and Budget/Grants Division MEMORANDUM TO: Board of County Commissi ners THROUGH: Marie M. Gouin9 9 Management & Bud et; irec or FROM: Glenn Henderson Senior Grants Writer DATE: Feb. 21, 2012 SUBJECT: FEMA Severe Repetitive Loss Program — County Contract ITEM NO: VI-172 Background: The Federal Emergency Management Agency (FEMA) mitigates damage to residences through its Severe Repetitive Loss Pilot Program (SRL). The Florida Division of Emergency Management (FLDEM) serves as the grant applicant for this program and St. Lucie County is the sub -applicant. The St. Lucie County Board of County Commissioners (BOCC) has approved seven homes for participation in this program. In December 2011, the BOCC approved the last of the seven applications for contract execution with FLDEM. This agenda item seeks authorization to execute the County's agreement with the homeowner in order to implement the reconstruction project. By elevating the new structure, the homeowner will reduce the threat of repeated flooding that has led to multiple costly claims through the National Flood Insurance Program. The project involves the demolition and reconstruction of the following structure at the stated cost: Property Owner Mitigation Project Cost Mr. and Mrs. Jerry Herod. 10701 S. Ocean Drive, Lot 874, Jensen Beach, FL 34567 Reconstruction $93,724.94 Subject to the program limitations, FEMA provides 90% of the mitigation cost and the homeowner is responsible for the remaining 10%. The grant requires no funding from the County and provides 5% of the project cost for administration and project management to the County. The project will require project management by the Parks, Recreation and Facilities Department and grants administration by the Housing and Community Services Department. . Previous Action: Dec. 6, 2011 - Board authorization to accept and execute an SRL contract with FLDEM and approval of Budget Resolution No. 11-196 to establish the project account. d Dec. 21, 2010 - Board approval to use County funding on a temporary basis to complete submitted SRL projects and to discontinue participation in the SRL and RL programs upon completions of current approved SRL projects. July 6, 2010 - Board approval to execute Severe Repetitive Loss (SRL) agreements with six homeowners, to sign Final Mitigation Offers and Consultation Agreements, and to approve Budget Resolution Nos. 10-195, 10-196, 10-197, 10-198, 10-199, and 10-200 to establish the project accounts. June 1, 2010 - Board approval to accept and execute one Severe Repetitive Loss grant contract with FLDEM. May 4, 2010 - Board approval to accept and execute five Severe Repetitive Loss contracts with the Florida_ Department of Emergency Management. November 3, 2009 - BOCC approval to submit additional data for elevation/reconstruction projects. October 20, 2009 - BOCC approval to withdraw and re -submit three acquisition. applications. May 26, 2009 - BOCC Board approval of $24,000 for technical services to complete applications. May 13, 2008 - BOCC approval to submit eight applications. Recommendation: Board authorization to execute a FEMA Severe Repetitive Loss contract with one homeowner, and Board authorization to have the Chairman sign the contract, as approved by the County Attorney. ITEM NO. VI-H1 DATE: 2/21 /2012 AGENDA REQUEST REGULAR _(_) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Waite, AICP SUBMITTED BY: Planning and Development Services Senior Planner Department — Planning Division SUBJECT: Final Plat Approval — Parkway Plaza BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: February 14, 2012 — Site Plan approval was granted through PDS Order no. 12- 002. RECOMMENDATION: Board approval of the Final Plat for the Parkway Plaza Subdivision and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator COORDINATION/SIGNATURES County Attorney (XCounty Surveyor (X) Daniel S. McIntyre Ron Harris County Engineer ( X) Wp . Michael Powley Originating Dept. ( X ) L•r✓ Mark Satterlee Purchasing ( ) Melissa Simberlund ERD ( X) Karen Smith OMB ( ) Marie Gouin Agenda Date February 21, 2012 9:00 A.M. Applicant Clifford Norris Parkway Plaza Partnership File Number BCC-CSEN 120124381 Future Land Use RU (Residential, Urban - 5 du/ ac) Existina Zon►ng CN (Commercial, Neighbor- hood) Staff Recommendation Board approval of the final plat for the Parkway Plaza Subdivi- sion and authorization for the Chairman to sign documents as approved by the County Attor- ney. Previous Action February 14, 2012 — Minor Ad- justment to the Site Plan ap- proval was granted. Proiect Manager Diana Waite, AICP o_ '2 WSubject property I Indrio Rd N A Parkway Plaza AGENDA ITEM No. Final Plat VI-H1 BCC-Csen-120124381 Zoning Parkway Plaza Legend CN- Commercial Neighborhood RM-5- Residential Multi Family(5 dulao) N I - Institutional RMH.5 - Residential Mobile Home n subject property PUD- PlannedUnitDevalopment RS-4- Residential Single Family (4du/ao) Map preparedpeoruarya,2ot2 N Project Location: NE corner of Turnpike Feeder Road & Winter Garden Parkway, approximately .5 miles north of Indrio Road. Proiect Description This request is to obtain Final Plat approval for the Parkway Plaza Sub- division. The 2 lot subdivision is lo- cated on the north corner of Turnpike Feeder Road and Winter Garden Parkway. The applicant has satisfied the applicable conditions of site plan approval and provided the required documents and signatures for the Final Record Plat as established in LDC Section 11.03.03. Background On February 14, 2012, through PDS Order 12-002, a minor adjustment to the Parkway Plaza site plan was granted that approved the proposed subdivision. The proposed subdivi- sion provides for the consolidation of 8 lots within the Lakewood Park sub- division into a 2 lot subdivision to be known as Parkway Plaza. Recommended Action Board approval of the Final Plat for the Parkway Plaza Subdivision and authorization for the Chairman to sign documents as approved by the County Attorney. Notice Requirements N/A Public Comment Received None Further details are found in the at- tached memorandum. Planning and Development Services Department Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Directo / FROM: Diana Waite, AICP, Senior Planner° DATE: February 21, 2012 SUBJECT: Final Plat Approval — Parkway Plaza ITEM NO. VI-H1 BACKGROUND: On February 14, 2012, through PDS Order 12-002, the Director of Planning & Development Services granted a minor adjustment for the project known as Parkway Plaza. The approved site plan provides for the proposed Parkway Plaza Plat, a two -lot subdivision for 2.86 acres of property located at the northwest corner of the Turnpike Feeder Road and Winter Garden Parkway, in the CN (Commercial, Neighborhood) Zoning District. The Final Plat provides for the consolidation and replatting of the projects existing eight lots within the Plat of Lakewood Park being into two lots. The purpose of the consolidation is to allow for the construction of a Dollar General Store and separate ownership. The Planning & Development Services Order granting approval to the site plan project required the following dedications: Within 90 days of receiving this site plan approval, the applicant, owner or assigns shall convey the road right of way for Turnpike Feeder Road and Winter Garden Parkway. Manner and form of conveyance shall be acceptable to the County Attorney. The sketch and legal description shall be prepared by a Florida licensed surveyor and mapper. The proposed plat includes the above required dedication of rights -of -way. The plat dedicates five feet along Winter Garden Parkway and 15 feet along a portion of Turnpike Feeder Road to St. Lucie County as additional road rights -of -way. In addition, the rights -of -way will be dedicated by deed and placed on the same consent agenda for the Board's consideration and acceptance. It has been determined that this plat meets all applicable provisions of the St. Lucie County Land Development code and Chapter 177, Florida Statutes. In accordance with the provisions of Section 11.03.03(D) of the St. Lucie County Land Development Code, the applicant is requesting that the Board approve the final plat for the subdivision to be known as Parkway Plaza Plat No. 1 and authorize its execution. RECOMMENDATION: Board approval of the Final Plat for the Parkway Plaza Subdivision and authorization for the Chairman to sign documents as approved by the County Attorney. S558 $ CQ x z Wb o a 2.8 co H3 �_ �Rs �� o <� -7 a NCQ =g< o= b 19 E'' Am s m sm$;„ask g E., 4 � R3 11 ozz flegi 94.1 C� �+ w I I !. v p Bpi y{ �: 3 PG abi'ao o?. In O E �d o=ate, WI ass g kit an F° ..a (oPAR b Ga "HUM, W o o � € 3" &a OSE OR S o € co �t - Cr gm a op €md C e gli' si3 a €M >3-tee _n ark' �1 PG a sn ao 00 = �� h p. hia § Q 4s woo�� �g 1= g O Hg =$ ®gyp s"aS3gm =� =a� �m r fliYg �a a ��wg 7 i Jill r -g3 'g o=e�s �6 goa�ogn>m� �aW A �a Wao g��o;"� "� p pao� o»bgm� • a$�€a €a� C7 i� f;a 3 PU '.56"N m wP g�a� —° 'd W ffi. w ad <. 3. a5m g €� e a g .A gjgg z og�� Sri U g m §���w �� . ca egg" a 15z' go. g� a . " g " u 7 ag a=a P a _�«u5 c �� z Y WINTER GARDEN PARKWAY In tz N44'30'57"W 280A0' 15.00' S.00' TRACT p "N ACRES 145.00' I 1 � Z ' o I xa d r� I `d I � H I 1 I I �r N ' o UZ IE � xn g r I'm I I I x M V l ax I cn ToR b I 8 $ cn V 15.00' I I OOH I I a�vx � ' b s m I I ' � � I Z ­3 30.3�. y�41 in x o 0 I 1 w� I I I �o yo xd ro I I z I cl tzo S44'30'57'E 280.00' SoFo ' �M� y A �S�Ao cyi AiSNmAR e�o rr RabpERapab$o4 21 a �] N a tl Z N fPno a4aR1 k C=i = s En„ dig �D - C7 n R F � i; .S f'1 -I m ..; Z Nyn m i V G:S2R� E , 0 m� ski T ITEM NO. VI-G DATE: 2/21/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: St. Lucie TPO Peter Buchwald Executive Director SUBJECT: Resolution No. 12-024, Approval of Federal Transit Administration Grant Budget Amendment No. BA12-006, Local Match BACKGROUND: The St. Lucie Transportation Planning Organization (TPO) has received notification of funding for the Federal Transit Administration (FTA) Section 5303 Metropolitan Planning Grant. The amount of Federal funds for the second year to be received by TPO is $81,059, with a State match of $10,132 and a local match of $10,132. Because the St. Lucie TPO account is within the budgetary system of the County, the County is required by Florida Statute Section 129.06(d) to amend by resolution the County budget for the receipt of the grant funds on behalf of the St. Lucie TPO. FUNDS AVAILABLE: 001534-1540-331421-100 Federal Transit Administration (pending BOCC approval) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Budget Resolution No. 12-024 ($91,191) and Budget Amendment No. BA12-006 ($10,132) to amend the County budget for receipt of grant funds on behalf of the St. Lucie TPO. COMMISSION ACTION: ( ) APPROVED ( ) OTHER ( ) DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County ( ) OMB Director Attorney Budget Analyst HeatfTerYoung ( o Originating Dept. Peter Buchwald ( ) N 4- Marie Gouin Sophia Holt TionopeacktioA Pt®AAAA�j �[�OAfZ®iA®A ST. LUCIE URBAN AREA MEMORANDUM TO: Board of County Commissioners FROM: Peter Buchwald Executive Director DATE: February 21, 2012 SUBJECT: Resolution No. 12-024, Approval of Federal Transit Administration Grant Budget Amendment No. BA12-006, Local Match ITEM NO: VI-G Background: 2300 Virginia Avenue Fort Pierce, FL 34932-5652 Telephone: 772/462-1593 Facsimile: 772/462-2549 The St. Lucie Transportation Planning Organization (TPO) approved on June 2, 2010 the allocation of funds from the Federal Transit Administration (FTA) Section 5303 Metropolitan Planning Grant. These funds were budgeted in the first year of the Unified Planning Work Program (UPWP). The St. Lucie TPO has been authorized by the Florida Department of Transportation to expend $81,059 of FTA Funds and $10,132 of Florida Department of Transportation Funds with a local match of $10,132. According to the Interlocal Agreement (C09-10- 573) between the St. Lucie TPO and St. Lucie County Section 3 Paragraph F, the County is responsibility for a local match as specified in the UPWP or federal or State requirements. This Notification of Funding is the second authorization of FTA funds and is for the second year of the UPWP covering the period from July 1, 2011 through June 30, 2012. Previous Action: February 1, 2011 — BOCC approval of first year allocation of FTA planning funds in the amount of $90,099 for the first year of the UPWP. Recommendation: Board approval of Budget Resolution No. 12-024 ($91,191) and Budget Amendment No. BA12-006 ($10,132) to amend the County budget for receipt of grant funds on behalf of the St. Lucie TPO. Transportation Planning for Fort Pierce, Port St. Lucie, St. Lucie Village and St. Lucie County RESOLUTION NO. 12-024 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 in the amount of $91,191. 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 February, 2012, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2011-2012, and the County's budget is hereby amended as follows: REVENUE 001534-1540-331421-100 Federal Transit Administration $91,191 APPROPRIATIONS 001534-1540-599330-100 Project Reserves $91,191 After motion and second the vote on this resolution was as follows: Commissioner Chris Dzadovsky, Chairman XXX Commissioner Tod Mowery, Vice Chairman XXX Commissioner Chris Craft XXX Commissioner Frannie Hutchinson XXX Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED THIS 21ST DAY OF FEBRUARY 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY FISCAL YEAR 2011-2012 FUNDS APPROVED FROM CONTINGENCY GENERAL FUND AMOUNT REMAINING: $1,723,856 DEPARTMENT Approved Budget Contingency Proposed action: BA12-006 TPO MPO Grant Match ITEM ACCOUNT # AMOUNT 001-9910-599100-800 $1,723,856 Total used: $0 Balance Available $1,723,856 001534-1540-599330-100 $10,132 Balance Available After Proposed Action: $1,713,724 BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: TPO PREPARED DATE: 2/8/2012 AGENDA DATE: 2/21/2012 TO: 001534-1 FROM: 100 Proiect Reserves REASON FOR BUDGET AMENDMENT: TPO Metropolitan Plannina Grant Match. RESERVE BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: 10,132 713,724 132 1 132 INTERLOCAL AGREEMENT BETWEEN THE ST. LuaE TRANSPORTATION PLANNING ORGANIZATION AND ST. LUCIE COUNTY FOR ADMINISTRATIVE SUPPORT SERVICES THIS AGREEMENT (the "Agreement") St) is made and entered into this. Lucie Trapsport ton Planning 7th day of October, 2009, by and between t Organization, a metropolitan planning organization (hereinafter the ,Tp0"), and St. Lucie County, a political subdivision of the State of Florida (hereinafter the "County"). WITNESSETH WHEREAS, Section 339,175, Florida Statutes, provides for the designation of a metropolitan planning organization for each urbanized area of the State and the creation and operation of such a metropolitan planning organization; and, WHEREAS, the Governor of Florida has designated the TPO as a metropolitan planning organization for the Port Sotanu nterfocallzed Area, and the agreement, dated TPO is duly created and operated pursuant t September 13, 2006, between the Florida Department of Transportation (hereinafter the "FDOT") and the affected units of the TPO al purpose (hereinafter local the government within the jurisdictional boundaries "Creation Agreement"), and, WHEREAS, the TPO is a governmental entity separate from the County in accordance with Section 33917 5(2)(b), Florida Statutes; and, WHEREAS, the TPO desires to obtain certain administrative support services from the County to assist the TPO staff in managing the continuing, cooperative, and comprehensive transportation planning process mandated by State and federal requirements and is authorized by tale Creation Agreement and Sections 339.175(6)(9) and 163.01, Florida Statutes, to contract with the County for such services; and, WHEREAS, the County is a political subdivision of the State of Florida and is given those powers and responsibilities enumerated in Chapter 125, Florida Statutes; and, WHEREAS, the County is empowereenter n atunto n nterlocal Agreement with the TPO pursuant to Section 163.01, Florida Page 1 of 8 WHEREAS, certain administrative support services have been provided to the TPO by the County under a Memorandum of Agreement, by and between the TPO and the County, dated December 21,1982; and, WHEREAS, the Memorandum of Agreement, dated December 21, 1982, is outdated, and the TPO and the County desire to update the Memorandum of Agreement by replacing it with this Agreement; NOW, THEREFORE, in consideration of these promises and mutual covenants contained herein, the parties agree as follows'- I.- GENERAL A. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act, This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal, or written, between the parties hereto, The above recitals are true and correct. B. This Agreement replaces the Memorandum of Agreement, by and dated December 21,1982, and such between the TPO and the County, Memorandum of Agreement is terminated. C. The Executive Director of the TPO (hereinafter "Executive Director") serves under the direction, supervision, and control of the TPO Governing Board (hereinafter "TPO Board"). The Executive Director, with the implied or expressed consent of the TPO Board, employs such personnel as necessary for the TPO to perform adequately its functions as approved by the TPO Board in the TPO's Unified Planning Work Program (hereinafter the "UPWP") and as mandated by federal and State requirements. Such personnel shall serve under the direction, supervision, and control of the Executive Director with the implied or expressed consent of the TPO Board. Pursuant to this Agreement, the Executive Director and such personnel (collectively hereinafter ministrativetaff") shall receive certain support services from the compensation, benefits a County but shall otherwise function independently of the direction, supervision, and control of the County. Page 2 of a 2. COUNTy'S RESPONSIBILITIES The County shall provide the following administrative support services to the TPO: A. Accounting and Financial Management: The County shall establish for the TPO an account within the budgetary system of the County which includes the enumeration of TPO revenues and expenses. The County shall provide all necessary financial reports for the TPO to prepare invoices for reimbursement as ecified in financialrticle $F of Managementofis Agreement. The County shall provide federal, State and local funds granted to the TPO in accordance with generally -accepted accounting procedures. B. Payment of TPO Expenses: The County shall pay when due from appropriated County funds all TPO hepTP� toncerform adequately pursuant to this agreement and as necessary fort p functions as specified in the reimbursed by the TPO for UPWPbe d mandated by federal and State requirements. The County shall the payment of such expenses in accordance with Article 3F of this Agreement. C. Annual Audits The County shall include the TPO in the annual audit performed by the County's Auditor,State re uirements. The TPO and e audit and associated reporting shall meet all federal and q the County shall provide to each other and any other third party ail information necessary to complete such audit. L . Offices and Suppowt SeivIIcess The County shall provide office space and meeting facilities as necessary for the TPO tnnnd ted b adequately its functions as specified in the UPWP and y federal and State requirements. t� oi�her County dshall epartments and as services to the TPO as prd adapted for the . TPO as necessary for the TPO to perform adequately its functions as specified in the UPWP and mandated by federal and State requirements. These support services shall include but not be limited to procur educatipon ands gansngCvehicle useunnd vendors, human resources, maintenance, communications, information technology, central stores/services, and office cleaning and maintenance. E. Staff Compensation, Benefits and Retirement: The County shall provide to Staff compensation determined in accordance with Page 3 of 8 Article 3C of this Agreement, The County shall provide to Staff, at a minimum, the same benefits and services as specified in the St. Lucie County Employee Handbookand County ount as provshall'ded to administerthe similarly -classified Staff's County employees. The y participation in the Florida Retirement System consistent with Simi iarly-classifi ed County employees, F. Insurance Coverage: The County shall extend insurance coverage to Staff under the County$ insurance program to the some extent as provided to County employees which includes but is not limited to coverage under the County's automobile, general liability, and workers' compensation insurance policies. G, Legal Services: The CountyAttorney ail provide 9 al services the same extent as provided o'o the County Board of County Commissioners and County employees, The County Attorney shall not provide legal services in he event rdispute such serybetween would be in the County and the TPO or where provisions of services violation of the Rules Regulating the Florida Bar unless, upon consultation regarding the advantages, risks, and of the Ru{esons of dual Regul tang representation and pursuant to Rule( the Florida Bar, the TPO and the County consent to dual representation by the County Attorney. 3. TPO'S RESPONSISTLITIES The TPO shall be responsible for the following; A. UPWP and Work Tasks/Pra�duaS��tThe eT�Pirements. Unless otherwO shall prepare the ise in accordance with federal a q specified in the UPWP, the TPO shall complete all work tasks and products identified in the UPWP and mandated by federal and State requirements. B. Budget: For inclusion in the County's budgetary system, the TPO shall prepare annually a budget��` t i,�he functnonsconsistet ith Ofhe UPWP the TPOand s necessary to perform adequately mandated by federal and State requirements. The budget shall include amounts sufficient to reimburse the County in accordance with Article 3F of this Agreement. budget he County shall have no authority over the approval of the TP which shall be approved by the TPO Board. Page 4 of 8 C. Staff Positions and Compensation. The TPO shall create, classify, and fill Staff positions as necessary for the TPO to perform adequately its functions as specified in the uPWP and mandated by federal and State requirements and shall determine the compensation for such positions. The TPO shall prepare job descriptions and determine the pay grade and salary range for such positions for inclusion in the County Human Resources system. In absence of a TPO-derived job classification, the TPO may utilize an appropriate County job description, pay grade, and salary range to classify a position. D. Personnel Policies: Subsequent to the execution of this Agreement, the TPO will adopt and implement personnel policies for Staff including but not limited to the recruitment, retention, supervision, conduct, disciplinary action, evaluation, compensation, and promotion of Staff. The County shall have no authority regarding the adoption and implementation of these policies. The TPO shall be permitted to participate in personnel -related training courses and programs, including drug testing, offered by the County. In absence of a TPO-derived personnel policy, the TPO may adopt an appropriate personnel policy specified in the St. Lucie County Employee Handbook. E. Travel; All travel by Staff shall be subject to approval by the Executive Director. Approvedexpenses be paidStaff by the County travel expenses of the TPO Board consistent .with the provisions of Section 112.061, Florida Statutes and. MOT policies, The County shall have.no authority with respect to the approval of travel by the staff or TPO Board. F. Invoices, Progress Reports, invoicand e s s ments: The progress reports the prepare and submit quarterly y p appropriate federal, State and local grantors for reimbursement of eligible TPO expenses other than those expenses considered to be the County's responsibility orState requireshare or ments.cal as The TPOshall specified the uPWP or by federal forward the subsequent reimbursement payments to the County upon receipt from such federal, State and local grantors. The County shall be reimbursed for eligible direct expenses for consultants, equipment, travel, and Staff compensation and benefits in an amount equal to the expense incurred. The d County oral be serveces to, theimbursed or all TP0 other expenses incurred in providing pp pursuant to this Agreement in an amount equal to an indirect cost calculated in accordance with federal OMB Circular A-87. Page 5 of 8 4. DURATION AND TERMINATION This Agreement shall become effective as specified in Article 12 of this Agreement. This Agreement shall terminate automatically upon mutual written agreement by the County and the TPO, or either party may terminate the Agreement with 180 days written notice to the other party. 5. NOTICES All notices required or permitted to be given under the terms and provisions of this Agreement by either party to the other shall be in writing and shall be sent by registered or certified mail, return receipt requested, to the parties as follows: As to the County - St. Lucie County Administrator County Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 As to the TPO. Board Chairperson St. Lucie TPO 2300 Virginia Avenue Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney County Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 With a copy to: Executive Director St. Lucie TPO 2300 Virginia Avenue Fort Pierce, Florida 34982 Such notices shall be sent by registered }rercertifCd mail,ded return the reesipn requested, to other addresses as may hereof po writing. Such notices by registered or certified mail shall be deemed received on the delivery date indicated by the U.S. Postal Service on the return receipt. 6. HEADINGS Captions and headings in this Agreement nadr sif �` ease affeefi the meaning or do not constitute a part of this Agreement a interpretation of any provisions herein. 7. RIGHTS OF OTHERS Nothing in this Agreement expressed �i rights orr remedies under or by reason r implied is intended to confer upon any person other than the parties hereto any g of this Agreement. Page 6 of 8 $. WAIVER There shall be no waiver of any right relatedd to this or failureAgreement exerciseunless i a writing signed by the party waiving such right. No Y right under this Agreement shall impair such right of shall b right construed waived and e a waiver thereof. Any waiver shall be limited to the particular shall not be deemed a waiver of the some right at a later time, or of any other right under this Agreement. g. INVALIDITY OF PROVISIONS The invalidity of one or more of the phrases, sentences, clauses, r portion es contained in this Agreement shall not affect er al the purposety of s of thiseAgreement can be of the Agreement, provided that the p determined and effectuated. 10. WHOLE UNDERSTANDING This Agreement embodies the whole Understanding than thoseparties. There are contained herein; no promises, terms, conditions, or obligations other and this Agreement shall supersede all previous eom nrtepresentations, un or agreements, either verbal or written, between the pies hereto AMENDMENTS This Agreement may only be amended by a written document Lucie C uexecutFt a da by all L parties and filed with the Clerk of the Circuit Court of st. 12. EFFECTIVENESS This Agreement shall become effective upon it being filed with the Clerk of the Circuit Court of st. Lucie County, Florida. Page 7 of 8 a a ed this Agreement IN WITNESS WHEREOF the parties hereto hdve onsthe latest day and to be executed by their duly authorized representative(s) year noted as follows. ATTEST: '''Sarah a d, Secretary ST. LUCIE TRAtAPORTATION PLANNING o ;Z f MON BY: Charles Grande; Board Chairperson DATE: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Paula Lewis, Boa d C alrperson APPROVED AS TO FORM AND CORRECTNESS: BY: Ars* County Attorney Page 8 of 8 MULTI -FEAR JOINT PARTICIPATION AGREEMENT NOTIFICATION OF FUNDING In accordance with the terms of the Joint Participation Agreement between St. Lucie Transportation Planning Organization (Agency) at 2300 Virginia Ave, Fort Pierce, FL 34982 and the Florida Department of Transportation, (Address) FY 11/12 Section 5303 Funding, identified by Contract # AQ267 and FM# 41373711401 (Fiscal Year) (Project Type) (Contract No./Financial Management No.) The Department has encumbered a total of $91.191.00 in State funds. ($ amount) This encumbrance includes and 80% Federal allocation in the amount of $81,059.00 ($ Federal) and 10% State allocation in the amount of $10,132.00 ($ State) The County is expected to contribute a.10% Local Match allocation in the amount of $10,132.00 ($ local) Upon signature by your agency and receipt of this form by the Department, eligible project costs may be incurred, beginning on the first day of your fiscal year noted above. DEPARTMENT REPRESENTATIVE Arlene Tanis Name ed or Printed Sign re Date AGENCY REPRESENTATIVE PQ+6r )J Name Typed or Printed & &/7W2:-'W Signature U /7/11 Date f AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VII-A DATE: February 21, 2012 REGULAR[ ] PUBLIC HEARING [ x ] CONSENT [ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Barbieri Assistant County Attorney SUBJECT: Unsafe Structure at 101 Berger Road, Fort Pierce. BACKGROUND: See attached memorandum CA 12-0036 FUNDS AVAILABLE: Other Contractual Services, Acct. No. 102-2415-534000-200 PREVIOUS ACTION: January 3, 2012 - Board of County Commissioners determined the structure to be unsafe and granted approval to advertise a public hearing. RECOMMENDATION CONCLUSION: COMMISSION ACTION: [ ] APPROVED (] DENIED [ ] OTHER: Staff recommends that the Board authorize the Code Compliance Division to demolish the structure, clean the property and assess the entire cost, which constitute a lien payable to St. Lucie County. Review and Approvals [X] County Attorney: `• Daniel S. McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator [X] Code Compliance Manager Robin Meyer INTER -OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 12-0036 DATE: February 21, 2012 SUBJECT: Unsafe Structure at 101 Berger Road, Fort Pierce BACKGROUND: Underthe provisions of Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, the building located at 101 Berger Road, Fort Pierce, Florida was inspected on December 8, 2011; where it was determined to be unsafe and to constitute a public nuisance. Please see photographs and copy of the Building Official Report attached describing the condition of the building. On January 3, 2012, the Board of County Commissioners declared the building was unsafe and constituted a nuisance. A public hearing was scheduled to consider appropriate action to abate the safety hazard. To date no permits have been applied for to bring this structure up to code. All interested parties were notified that a public hearing would be held to determine what further action should be taken which may include an order to demolish the structure and place alien on the property. Notice was published in the Tribune for four consecutive weeks beginning January 20, 2012. RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize the Code Compliance Division to demolish the structure, clean the property and assess the entire cost, which constitute a lien payable to St. Lucie County. Respectfully submitted, KB/cb Katherine Barbieri Encl. Assistant County Attorney I:\CB H Drive\Agend3Memo-KB-Berger Roadmpd 0 BUILDING OFFICIAL REPORT DATE: December 8, 2011 ADDRESS: 101 Berger Road The building at the above referenced ad( Vandalism and is manifestly unsafe and dwelling. This building in its current com Specific conditions which exist it wood, plumbing, electrical, m be cleared and the remaining Under the provisions of S f located at 101 Berger brought into complian by this property ill b CondemnatK"ro e S. ss h een ignificantly damaged by nita use as a single family TnI&ijstitutes a public nuisance. Pr Roof, missing siding and totally destroyed. Debris must -e taken down. W8'of the,Standard Housing Code, the building mined to be,, UNSAFE._This property must be novirng:all structures and debris within 30 days or the Board of County Commissioners for ilL A Ken Arnold Building Official — St. Lucie County, Florida KA/dab �{ �. r .. ,,S• � .� 9 �ry jT� � yv� 'tM d ii . ` i 3� H 1'�4 , v ll ` r a L m ow ai,k#'s,, 9` . d f, iiilsC, - 'S 4 � i f (((iyiyiy d gy i 44 � YY a` sv �' �` s -, S ""9�• , f ��, Y�y� '.. ��rP, � r P ( 5 �, � t +,' t h "�` ,tYwk .a','• , Y � l �•`�.� tP'✓"'� t ��A, �'^i �'�& t �� f ¢� "'°'*,x,'� � s - .af `X e � �? r � 1 t�'' e,. •�S �"`1�i lj�� } r w'+ N1, J'C r / � r • "CA � � � T• � I�A��- �,�^� � ) 5 -' :`\� �( 7� � tfif�.y,�r� t i •�� �'rns/a �x* �•w.�s. _,':.+:'°rrj,A,. f 'r r .•'" �,... N � a5„ � � V� aax �5 .�y��•o`.'. c 74 �. e � tL�.#� 1��.. *• 6* �i ' � �/� f � t ,'•r� �� r�xb �c � } a"Wy'�aj i�xr��� A. f( t • � � k�, �} �a1. 'r•'>,. 3,�,. ,,..i. "+• "l+� , 31i } � t +k"'d ` A �3v "i •:�� i "" . v Pj 'i Y i t TtT l � � • ,/' ��, "" ��•,'!k '�w� ` �. fit` �A f ��k� ;' ��y �4�, y` Gx V� -% tq` '�Ty' }�f'� 1'�' ^�'�f'�e�'�� �>';,: �T'.. 'Yy] ••fi `,p%., tl�,rl i P {4 �M � ��� fir' y` ;) �,• •. �'�4R�. � - r ,��,�,■J. %� _ f,�y ' ��f.; �.�, •...n"' S/ ws u'+ k,tT, eE �'`, 't•>sa s}:.t f• z i� � k�' a4 f3ti �. ;.r t,•.i �.1"'ss�'yt,F°+F• �'k.;w t `Q �n� •' '�"' `�r ✓: •q , »3>ip A. s• <'u �,;: a ,a ''i i a.. i•:. �d r• r I'xF""rw. "tis. itit �ti. ` t „r. Y.M}.rvr'm�"F. 'r.,,i rySy ±; 4[A „� § �yA •!V , i,. x ;• S i'4'j•- i[}I�w' �h.V� \ l.t e!• t i .Y1a _""^,�' „ P'_ �`�s! tl '1. ` l�l: �` �• J �1 ♦ ff ♦ x .,s P, $ '`".�.._• h � .� xr'a* : 4� ` �v `�:j ;q��,���fi, }�:�i�+" ��- FY',t f__.v ji ` �,�� ��,� Y �' ' ? � • a t"A s..i ti ,Lm. • 1 4R r Sa. t lR—}# ,s F s �+x,�:'ad�` aq ,. t F, `.neW.' t�:w�nx� :9'�, t �` "i � � • t^a�+.` .,aa:-' ,�'y;°t a �x' ➢ 1 M.t: y P 4'YG.. 'p a gi`4�`.'^'razs r 4 k:�'�d � �' < err ,` "'c.°t t 4'j�ixi�>� Itt'9� r+R �h � `^u k ""'�.t'°^� � �n�" e t � Y�� e`j�..•,��,,� ry;d ?' r y 'i r-��,. *? ' '1 i,.. �r^5� ,,tE,#fi, �p ��,t j �p�ti� ,.{,�t, �..? 1� ����5^�` ..:s_..jMer+MWl�us .. , a,�r S '° y.r% .,t i 3��.��r•. W.�.,+Et' ,p2,� d owa4.r ^4 i'�' l�i t"`� fa�iF,t f¢� { 4 •� . l £-a'�Y<^ � ...... ^ � �",p � .*� � . l� +.'��.&� ,; 'TMt t SG.t"tE9'"'Eb •i ;i.., r """"`"'S"..' E r F '�r ➢q° t. �y $•• a pt,\'a i4,j ifl3 �it �•.��k � � .+ fi t a a . rz t�'a- r < 71 ,,�`'�,'�i� 1 e•.. `�, t,i w:. � ��� b, r j :`. e . {, Y^r`'F �, k, X $n*s 4vAs't k rtF `ti rF} �%'st Y,r^ E;{, r > 4���,�'Yti' €p {3t t4-`_ .r 4 �G.'4 (� 9 .3 ,�7�'y, d ,.. '; i c ��c a 5'+t}c � r �,6• � � '� - t SI - Y �t A ,, y � "``°~�.t,.,���E�',v .� ,` a�� �l�� a r � 1 'z a r � � ��t F t i 1 ➢ at'�i r r s. , s 7 ." 1;, # � r' T IAV * Vl,( ®,a ,��1� � , r y . � s ,� s c ,� Y•.� P� �. 'Sal�.{ y _�ip o.t�, x, !.,, r _ + + � � �a l t "�'�+ ,t r .4 • • IT, �t *3`a�it +t NRI �t�i c .�,d,, ,,�/,�•, to t:� 1 i s� a�e� �"� �. /d ra # ��� , ;,t ii�e3 � 4 � y � tc � % n Z 56y 1 V • � & ,{ ,r tir xt � ,, � t R� 'l. Pr �Y; ., 'k'Yi r G'f {'�,r r l ; �x� d� >s' ° ir1 9`G` 'y°g' § Y➢a F r^` t .: I '` 7 r e'' � •� ...{te 1 . ' t �rP;r "2A f r➢1' ',r{'Y kh: 'F--G?. f,;4%Yf s's�i`k�a`` ''`��e ;:a ,..r'• s, G `�r ''mac 'W'y yC sPt` All �.,' , rust .>�a.�1�., •j l "YAs '4� w. y� S'. ,! It 4 t. 't� ,� i;• "- � l s km +� .33u"�ar.0 ,w �:f•� Y 4 a ", t `1 •} Y S' z <� f �� A �G��a� s✓ � (,-a 3� y1` t g'� Y t fA {,�^ "1+ xe, 'Rl ^ l vP a � te r, r � y &9, }e �rf F pp, s,.'�Fc��-7 T" �y� '✓.,� }'"'"�'+�`� r.{ Lt Sid t'r-�� `.9 r A�zERt,�'J,, X,7 ti p➢�4'� 4 r: a, �, & t a > ar"� iy �y4� yt l f a t gyS �`p f W �ltii�k T AP i A. t g "a Oki 4 _ ! a,•1 � 6 s=",. S V '; rP a1P�e,� � ° Ytr . ` 4 y G�Sr Yy � $i'_S'��q 4 h a ;{}� y➢ ti � # _..ckt�{ p a r � � P� �. � t` {i r �' � d� r➢"�n°rkk lra�'y,,. . TN v ga1 ��i' •tg { a'k�k:,{+, Yli � +�f�: Mom' '� ;�. ~A ad{ �r:�;>'ez '+`°R +�f' � 4 � � .- "� t $ �' �• ° e. `a. �;: _ a: $d G t' �` � ; R �^��y"` :{{, ''^�a�Xr ?tea,'+. jar' tE � a � *1u•� _: t Aa � ..i ��k4 •� ; ;'. �/+ ".r. A➢r i � � � f r � �r }} t ,„�•s^d^":: ,t➢.AS.. dnf «, k. �� � C { A IL§ _...-,u k'Y ti ..t`A x 4 �. P ff �� � � ��a�"`k jS1G � E � r '�. �`! �r �� �` � r �a \ m � s.�x?' � t 1 � lL,��q .E+�} .ram t. �➢ i �,fFe � a ^U-"`� ✓ii+ t4 �7 y� s °' wp� }M.` � r' roi f� �'�'4hy,'L� � . .'�°f�„�aTM`€� fi � ^� �,' '� 'il ➢,., `�` # 4 ^��d2 ' ry t�f+ t{ qn, �+a�'�'£, 1 1.�°�„r+'k ,� t jai ert.r � �. p 'fie x"'ix' ,1 t +oaw7° > to E t y i t . 3 Eye,�fl x t't:Y k f+ ,4,' r_'. a ra is , fi i y< d `.,a .� i ,}.k f s q3 61 t! ''Cb ON wool `,,S j �+ WTI kid 'h4 ,s. i"• 4=f d t r `"T ? i�' �$ .? p+ *Si g A° a t 6 �#*kt'{EM ,; OF oil tW y a � t� in MO ,� xC ., .�"` = .cam'•"'', �"r--.,y �4-e. nit P R Ion VA � J � ,• � � � � � .kilo F'^x � ` � � t c�{ i � I t 6 F 4+w.T, .� �"�'. �.,a. ,_' ° 7";_, a,;,, ...`` e�.�e .. '� , .. .} •r.+:F`,`$:".�t'n�x. � '%tfil� �: �.. sgrfi,s`$r,',. � s"..�F ,�„§n x=x a+ tm�•e, a� {� .V. �A k 3 6 AGENDA REQUEST ITEM NO. Vil-B DATE: February 21, 2012 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Ordinance No. 12-002 - Letter of Credit Form BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board continuethe public hearing until March 20, 2012 at 9:00 a.m. or as soon thereafter as the item may be heard. COMMISSION ACTION: CONCURRENCE: [ J APPROVED [ ] DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: t Management & Budget Purchasing: Daniel S. McIntyre Originating Dept. Solid Waste Mgr.: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 t _ J . V _ INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA • TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 12-0164 DATE: February 9, 2012 SUBJECT: Ordinance No. 12-002 - Letter of Credit Form BACKGROUND: Attached to this memorandum is a copy of draft Ordinance No. 12-002 which, if adopted would adopt a standard form for applicants to use when a Letter of Credit will be used as security. Permission to advertise was granted on December 6, 2011. On January 19, 2012, the St. Lucie county Planning & Zoning Commission voted 8-0 to forward Ordinance No. 12-002 to the Board with a recommendation to approve the Ordinance. The first public hearing was held on February 7, 2012. RECOMMENDATION/CONCLUSION: Staff recommends that the Board continue the public hearing on Ordinance No.12-002 until March 20, 2012 at 9:00 a.m. or as soon thereafter as the item may be heard. Respectfully submitt j. Daniel S. Mclntygi County Attorney/ DSM/caf Attachment 4 ORDINANCE NO. 12-002 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 11.04.00 GUARANTEES AND SURETIES TO PROVIDE FORA FORM LETTER OF CREDIT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF 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: 91-003 March 14, 1991 91-009 May 14, 1991 91-021 November 7, 1991 92-017 June 2, 1992 93-001 February 16, 1993 93-003 February 16,1993 93-005 May 25, 1993 93-006 May 25, 1993 93-007 May 25, 1993 94-007 June 22, 1994 94-018 August 16, 1994 94-021 August 16, 1994 95-001 January 10, 1995 96-010 August 6, 1996 97-001 March 4, 1997 97-009 October 7, 1997 97-003 September 2, 1997 99-001 February 2, 1999 99-002 April 6, 1999 99-003 August 17, 1999 99-004 August 17, 1999 9-005 July 20, 1999 99-005 July 20, 1999 99-015 July 02, 1999 99-016 September 7, 1999 99-017 September 7, 1999 99-018 November 2, 1999 00-010 June 13, 2000 00-011 June 13, 2000 00-012 June 13, 2000 00-013 June 13, 2000 01-003 December 18, 2001 02-005 June 24, 2002 02-009 March 5, 2002 02-020 October 15, 2002 02-029 October 15, 2002 03-005 October 7, 2003 04-002 January 20, 2004 04-007 April 20, 2004 04-033 December 7, 2005 05-001 March 15, 2005 05-003 August 2, 2005 05-004 August 2, 2005 05-007 January 18, 2005 05-013 November 8, 2005 05-016 August 16, 2005 05-023 September 20,2005 06-005 April 18, 2006 06-013 June 6, 2006 06-022 July 18, 2006 Straekthrengh passages are deleted. 1' underlined passages are added 06-017 May 30, 2006 06-030 September 12, 2006 07-011 February 6, 2007 07-018 December 18, 2007 07-041 September 4, 2007 08-008 June 17, 2008 08-025 September 14, 2008 09-007 September 1, 2009 09-013 May 5, 2009 10-003 February 2, 2010 10-034 November 9, 2010 11-005 February 1, 2011 11-015 April 19, 2011 11-021 August 2, 2011 06-018 May 30, 2006 06-047 December 5, 2006 07-015 May 1, 2007 07-032 November 6, 2007 08-004 March 11, 2008 08-012 September 12, 2008 09-003 January 20, 2009 09-012 May 19, 2009 09-025 October 6, 2009 10-026 September 7, 2010 10-036 December 21, 2010 11-012 August 2, 2011 11-017 June 21, 2011 3. On January 19, 2012, 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 priorto the hearing and recommended that the proposed ordinance be approved. On January 19, 2012, 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. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE: 11.04.00. GUARANTEES AND SURETIES 11.04.1 Generally. A. No changes, B. No changes. C. Amount and Type of Security. Straek Hii au.h passages are deleted. -2- Underlined passages are added. 1. The amount of the security listed in the Improvement Agreement shall be reviewed and approved by the Public works Director, based on certified cost information provided by the applicant. 2. Subject to the approval of the County Attorney, the following types of security arrangements may be used to secure the developer's obligations in the Improvement Agreement: a. Cashier's check b. Certified check C. Developer/lender/County agreement d. Interest bearing certificate of deposit e. Clear irrevocable letters of credit in the form approved by the County Attorney, dated November 14, 2011, or as amended by the County Attorney. f. Surety bond 3. For all required developer -installed improvements that are proposed for dedication to any recognized unit of local government in the State of Florida, the amount of security shall be one hundred and fifteen percent (115%) of the total costs for the required improvements. The amount of security may be reduced commensurate with the completion and final acceptance of required improvements, in accordance with the provisions of Section 11.04.01(B)(7). In no case, however, shall the amount of the bond be less than one hundred and fifteen percent (115%) of the cost of completing the remaining required improvements. For all required developer -installed improvements that are not proposed for dedication to any recognized unit of local government in the State of Florida, the amount of security shall be one hundred percent (100%) of the total costs for the required improvements. The amount of security may be reduced commensurate with the completion and final certification of the required improvements, in accordance with the provisions of Section 11.04.01(B)(7). In no case, however, shall the amount of the bond be less than one hundred percent (100%) of the cost of completing the remaining required improvements. D. No changes. No changes. No changes. PART B. CONFLICTING PROVISION. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. 5t tick thrai.h passages are deleted. -3- Underlined passages are added. PART D. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows; Chairman Chris Dzadovsky XXX Vice Chairman Tod Mowery XXX Commissioner Paula A. Lewis XXX Commissioner Chris Craft XXX Commissioner Frannie Hutchinson XXX Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word ordinance may be changed to section, article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts C through J shall not be codified. PASSED AND DULY ADOPTED this day of ATTEST: Deputy Clerk 2012. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman 5troekH reeigh passages are deleted. -4- Underlined passages are added APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney St trek through passages are deleted. -5- Underlined passages are added. le ITEM NO. DATE: VIII 02/21/2012 AGENDA REQUEST REGULAR ; (X) PUBLIC HEARING - LEG. ( ) QUASWD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Linda Pendarvis SUBMITTED.BY: Planning and Development Services Planner Department —Planning Division SUBJECT: Petition of Michael and Marie Ingravallo for a fence waiver from Section 7.09.04.E. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board adoption of Resolution No. 12-014 granting the requested fence waiver from Section 7.09.04.E — Landscaped Buffer Areas Between Non -Residential or Residential Structure(s) . Housing Three (3) or More Dwelling Units and Single - Family or Two -Family Residential Uses. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator COORDINATION/SIGNATURES County Attorney (X) County Surveyor (X)� Daniel S. McIntyre Ron Harris County Engineer (X) fi: 4 ERD Michae�wley Originating er OMB 9 9 Dept. P ( X ) Mark Satterlee (X ) Karen Smith Marie Gouin Hearing Date: February 21, 2012 9:00 AM Applicant Michael and Marie Ingravallo 2200 Silver Sands Ct. Vero Beach, FL 32963 File Number BCC 120124394 Project Location 40054007 N. A1A Future Land Use RM (Residential, Medium) Existing Zoning CO (Commercial, Office) Staff Recommendation Board adoption of Resolution No. 12-014 granting the approval of the fence waiver. Proiect Manager Linda Pendarvis Planner 772462-1562 pendarvisl@stlucieco.org N t� y w z Subject property l-Re- al Rd Ingravallo Fence Waiver AGENDA ITEM No. VIII 9 'm 0 HIRD 3 REGAL RD HIRD HIRD HIR Zoning N Le end CD -El -Co UdCficeCPU f 9 HIRD,H khans Islandon pN\\ HIRD, Hutchinson Island Reddantlal Didrpl CPUB R,i.lnN® Subject property R1, ..d.ntiS& Fa (a dwa<) Project Location: 4006-4007 N. A1A, Fort Pierce, North Hutchinson Is - Project Description Petition of Michael and Marie In- gravallo for a fence waiver from 7.09.04.E - Landscaped Buffer Areas Between Non -Residential or Residential Structure(s) Hous- ing Three (3) or More Dwelling Units and Single -Family or Two - Family Residential Uses of the St. Lucie County Land Development for property situated in the' CO (Commercial, Office) Zoning Dis- trict. Background On September 15, 2011 Building Permit 1106-0304 was issued to Michael and Marie Ingravallo to permit construction of a three unit office building at 4005-4007 North Alk The property owner is constructing a 3,386 square foot building to an existing site which consists of a 2,413 square foot office building and related site improvements. Notice Requirements N/A Public Comment Received None Further details are found in the attached memorandum. Planning and Development Services Department Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Directd o-- Kara Wood, Planning Manager FROM: Linda Pendarvis, Planner DATE: February 21, 2012 SUBJECT: Petition of Michael and Marie Ingravallo for a fence waiver from Section 7.09.04.E. ITEM NO. Vill 7T4i.CclZT611IRtol On September 15, 2011 Building Permit 1106-0304 was issued to Michael and Marie Ingravallo to permit construction of a three unit office building at 4005-4007 North A1A. The property owner is constructing a 3,386 square foot building to an existing site which consists of a 2,413 square foot office building and related site improvements. The General Landscaping Requirements Section 7.09.04.E states that a perimeter buffer area between any residential uses and non-residential shall be landscaped with a masonry wall or opaque wood fence of at least eight feet in height that forms a continuous screen between the uses. Pursuant to Section 7.09.04.E "the requirement for this perimeter masonry wall or opaque wood fence may be waived by the County Commission if it is shown to the satisfaction of the County Commission that the adjoining properties owners have signed a consent that indicates their desire is to not have the required masonry wall or opaque wood fence constructed along their property line." The applicant has requested a waiver from this code requirement from the south property line only, to support the request for the waiver is a letter from the adjacent property owner to the south, Mr. John Copanos. Should the Board grant the waiver the property owner must comply with the standards of Section 7.09.04.B of the Code which relates to perimeter screening. "When an off-street parking area or other vehicular use area will not be entirely screened by an intervening building or structure from abutting property, that landscaped buffer shall be designed and planted with a hedge or other durable landscape barrier not less than four (4) feet in height at planting, and to be maintained so as, to form a six (6) foot or higher continuous unbroken, solid visual screen after eighteen (18) months, between the off-street parking area or other vehicular use area and such abutting property." Board of County Commissioners Ingravallo Fence Waiver February 21, 2012 Page 2 - Sub'e� ct Property: Zoning District I Future Land Use Parcel Size I Existing Use CO Commercial, Office) RM Residential, Medium i 0.91 of an acre I Office Buildings Surrounding Properties: Zoning District Future Land Use Parcel Size Existing Use North HIRD (Hutchinson RM (Residential, 10 acres Vacant Island Residential Medium) District South HIRD (Hutchinson RM (Residential, 5.26 acres Vacant Island Residential Medium) District East HIRD (Hutchinson RM (Residential, 4.15 acres Treasure Cove Island Residential Medium) Dunes District) Condominium West HIRD (Hutchinson RM (Residential, 0.5 acres Vacant Island Residential Medium) District Attached is a copy of draft Resolution No. 12-014 which if approved would grant a waiver from the fencing requirements per .Section 7.09.04.E of the St. Lucie County Land Development Code subject to the following condition: • Within 30 days of the Board granting approval of the fence waiver or prior to certificate of occupancy for Building Permit No. 1106-0304 whichever comes first, the applicant shall provide the Environmental Resource Department with a revised Landscape Plan incorporating perimeter landscaping along the southern property line as required per Section 7.09.04.B. RECOMMENDATION: Board adoption of Resolution No. 12-014 granting the requested fence waiver from Section 7.09.04.E — Landscaped Buffer Areas Between Non -Residential or Residential Structure(s) Housing Three (3) or More Dwelling Units and Single -Family or Two -Family Residential Uses. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION NO. 12-014 FILE NO.: BCC 120124394 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING APPROVAL FOR A WAIVER FROM SECTION 7.09.04.E FENCING REQUIREMENTS FOR PROPERTY LOCATED AT 4005-4007 N. A1A IN THE CO (COMMERCIAL OFFICE) ZONING DISTRICT, SITUATE IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of .St. Lucie..County, Florida, based on the testimony and evidence, including, but not limited to the staff' report, has made the following determinations: 1. Michael and Marie Ingravallo petitioned for a waiver from the provisions of Section 7,09.04.E that provides for a eight (8) foot high masonry wall or opaque wood fence between non-residential and :residential uses for`property located at 4005-4007 N. A1A, as described in Part B below. 2. The requirement for this perimeter masonry wall or opaque wood fence may be waived by the County Commission,Jf it has been shown to the satisfaction of the County Commission that the adjoining property owners have no objection. 3. After consideration of the testimony presented during the February 21, 2012, County Commission regular meeting„ including staff.comments and the standards of review for..granting a waiver as set. out in Section 7.09.04.E, St. Lucie County Land De�eloll pnent Code, the Board of County Commissioners has made the following determination:. a. The letter presented signed by the adjacent property owner to the south of the Ingravallo'sproperty, indicate their desire not to have the required 8 foot masonry wall or opaque wood fence constructed along their property line. b. The applicant shall comply with Section 7.09.04.B of the Land Development Code and the, waiver granted meets the general spirit and intent of the St. Lucie County;Land Development Code and Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 7.09.04.E Landscaped Buffer Areas Between Non -Residential or Residential Structure(s) Housing Three (3) or More Dwelling Units and Single -Family or Two -Family Residential Uses of the St. Lucie County Land Development Code, a waiver from the fencing requirements for Michael and Marie Ingravallo property. is hereby approved/denied, for the property described below, subject to the following condition: FileNo: BCC 120124394 February 21, 2012 Resolution No. 12-014 Page 1 2 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • Within 30 days of thBoa_rd granting approval of the fence waiver or prior to certificate of occupancy for Building Permit No. 1106-0.304 whichever comes first, the applicant shall provide the Environmental Resource Department with a revised Landscape Plan incorporating perimeter landscaping along the southern property line as required per Section 7.09.04.S. B. The property on which this Waiver is being grantedIdenied is described as follows: Beginning at the intersection of the Westerly right-of-way of State Road A-1-A and the North line of the South 900 feet of Government Lot 1 of Section 23, Township 34 South, Range 40 East; thence run South 18 degrees 18'02" East, 210.38 feet to a point, thence out 89 degrees 46'28" West, 200.00 feet to a point; thence North 18 degrees 18'02"'West2-1 feet to a point; thence North 89 degrees 46' 28" East, 200.00 feet to the Point of Beginning; saltl lands situate, lying and being in St. Lucie County, Florida, SUBJECT to a easemeiii," ingress and egress more particularly described as follows; Being the South 18 feet of the North` I0 feet of the above described property; and also, the South 18 feet of the North 118 feet of the above described property, and also the North 5 feet of the South 900 feet of Government Lot 1 of Section 23 Township 34 South, Range 40 East, St. Lucie County, Florida Property Tax ID#1423 601 0002 O0pli C. A copy of this Resolution shall be.malled, return receiptrequested to the developer and agent of record as identified on the appllcat!on. D. This Resolution shall be recorded it the Public Records of St. Lucie County. FileNo: BCC 120124394 Resolution No. 12-014 February 21, 2012 Page 2 2. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 After motion and second, the vote on this resolution was as follows: Chris Dzadovsky, Chairman XXX Tod Mowery, Vice Chairman XXX Chris Craft, Commissioner XXX Paula A. Lewis, Commissioner xxxil Frannie Hutchinson, Commissioner XXX PASSED AND DULY ADOPTED this 21s day of February, 2012. BOARD..OF COUNTY COM! ATTEST: ST. LUCIE COUNTY, FLORI RY BY )uty`Clerk IGTROJECTFILESMngravallo Resolution 12-014.doo FileNo: BCC 120124394 February 21, 2012 U County Attorney ONERS Resolution No. 12-014 Page 3 c z 0 N N O N O tic Ocean a 0 L I I �(0 N\GN�P� p,1P LU o @ N SR w a N w ' 'a (D N LL T— U n I U O C °o— CU0�� U co> 0)�t �a c L oUCOD Q U �p UUU2Z)U) C N Q. O m Q U a 0 i co w J �1 TI VIST 'I9S xuJ � 118£'6TZ'I99 F.,� MOE up►aoll `punjS a antaQ aalja�ImfAi bb£ a palWiV ad>vaspue7 aced •Z aauaau�Z i = z ku C) In In W w uald ads3spua-I L'n,. apiaol_I `Alunoo ai3nl 'IS `V-L-d 41JON Cuippq 1Suo1.SSG1OJd OjjBA8a6uj i '6oa � U z p i g mow; u a }O KM_a �/ 5�'eiui uuu� � Op oo '>Z�o "mow rclm I QaLwm I LU w �.. o u g C oo a addal�mOo%� �N p-iU w N^ E r APO ~� <oor >mN aoy�U�' Nmm�om> a �� j Q g <�I�$g°¢o 4 W E' j z LLJ d (J_z p Na e U W LLN Q o Q 0@�.= w Sao F :zFM h' 0^� soa np�u S N A� �° 3$ .2 a� Ny u71_ RRONm c T t U 3`0 -r� pAu .vm cFse a rym a'f`an ¢ 0 c 3E, Em 2p,s Oz E�pQ4 oq o c.RFRo3 �Y Eau-u��`'`o3'o�ti ouzo-- bza v0 y< 0 ,Q u RN I� F�m.o 43. �o a9`0 5 y LU me NN m$$�. W �1515. a " ^a l� �f 4dk ypg d 8� d4 rp J N § e W m m oM� -Np ON IN iIr■N 3 ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia, Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 http://www.stlucieco.org/planning/planning.htm DEVELOPMENT APPLICATION Prior to submittal, all applications require a pre -application conference. Please contact the Planning Division to schedule an appointment. Submittal TVDe [check each that applies Site Plan Rezoninq a ❑ Major Site Plan ❑ Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustmentto Major Site Plan ❑ Rezoning with Plan Amendment ElMajor Adjustment to Minor Site Plan Comprehensive Plan Amendment a ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Development ❑ Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) ❑ Planned Retail Workplace (PRW) ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Final Planned Non -Res. Develop. (PNRD) Conditional Use' ❑ Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance 2 ❑ Administrative Variance ❑ Variance ❑ Variance to Coastal Setback Line Other ❑ Administrative Relief ❑ Class A Mobile Home 5 ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Changes ❑ Land Development Code Text Amendment 7 ❑ Plat ❑ Post Development Order Change ❑ Re -Submittal # s ❑ Shoreline Variance ❑ Stewardships - Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights Waiver to LDC/Comp. Plan Requirements 9 ❑ Appeal of Decision by Administrative Official10 Application Supplement Packages 1. Conditional Use 5. Class A Mobile Home 9. aiver to LDC/Comp. Plan 2. Variance 6. Historical Designation/Change Requirements . 3. Rezoning / Zoning Atlas Amend. 7. LDC Text Amendment 10. Appeal of Decision by 4. Comp. Plan Amendments 8. Re- Submittal Administrative Official Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of 6 Revised June 21, 2010 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: W fjw Supplemental Application Package. No.: `JJ_ (Please provide separate fee calculation worksheet for each application type) BASE REVIEW FEE: $ (A) ❑ CONCURRENCY FEE: $ P� �} (B) ❑ ERD REVIEW FEE: $ _. (C) ❑ UTILITIES $ ❑ PER ACREAGE CHARGE: $ (D) ❑ RESUBMIT.TAL FEE: (if applicable) $ (E) ❑ . OTHER $ SUBTOTAL OF BASIC FEES: $ i1 ❑ PRE -APPLICATION MEETING FEE: (F) $( P� )deduction Receipt No. of Payment: Date of Pre App: BALANCE OF FEES DUE: $ SEPARATE CHECK FOR TRAFFIC IMPACT STUDY —.Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code ❑ $950.00 — Methodology Meeting (H) (If Applicable) • Additional fees will be due if a P party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3`d party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; ie. Fire District and proof of payment will be required prior to project approval. Pre -Application Meeting Request Applicant Name (Printe Signature of applicant rage z or n Revised August 11, 2011 Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and colla7 sets: All applications must include the following: ❑ Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) ❑ Aerial Photograph — property outlined (available from Property Appraiser's office ❑ Property Deed ❑ Legal description, in MS Word format, of subject property ❑ Property Tax Map — property outlined (electronic copy not required) ❑ Survey ❑ 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) ❑ Concurrency Deferral Affidavit; or ❑ Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: ❑ Site Plan 24"x36" at a scale of 1"=50' (12 copies- folded, not rolled) ❑ Boundary Survey — Signed and Sealed (12 originals) ❑ Topographic Survey — Signed and Sealed (12 originals) ❑ Landscape Plan — Signed and Sealed (12 originals) ❑ Traffic Impact Report (TIR) (4 copies) if: o 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) ❑ Environmental Impact Report (4 copies) if: (See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: ❑ Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) ❑ Updated Traffic Analysis if applicable (4 copies) ❑ Approved Resolution or GM Order *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it will invalidate the results of any hearing(s). Page 3 of 6 Revised August 11, 2011 Project Name: Iri 10 01' Site address: �00- %V Parcel ID Number(s): / ,3 '(q ow—Z000 Project Information c-£.. Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) Property location — Section/Township/Range: Property size — acres: tad ` Square footage: Future Land Use Designation: Zoning District: CO co-Mv14J,.c•=`r;� Description of project: (Attach additional sheets if necessary) Ve , (A w� t' n � 017 o4, 1- Type of construction (check all applicable boxes): Commercial Total Square Footage: Existing 2I 5 ❑ Industrial Total Square Footage: Existing ❑ Residential No. of residential units: Existing No. of subdivided lots: Existing ❑ Other Please specify: Number and size of out parcels (if applicable):t� Page 4 of 6 Revised August 11, 2011 Proposed: '3. Proposed: Proposed: Proposed: SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (ProDertv Developer): Agent Informations, 9 -- Businessame: l Business e: �d G� Name:N40�L-C:f4J Taw C) Name: AGCS (Please use an address that can accept overnight % ackages) r Phone: Fax: Email: (Please u�;e�an address that can accept overnight �% p Phone: / /; f �, Fax: Email: Please note: both applicant and agent will receive all official correspondence on this Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for. approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. J. .. \ Property Owner nature/ Mailing Address: �._/ � " -f ? % 1 o, —al l Properly Owner/.Name (Printed) Phone: >6 M h f A`llo'f If more than one owner, please submit additional pages 1, STATE OF , COUNTY OF , The foregoing instrument was acknowledged before me this day of �'! 20 by / aP /G /,V!' ,V 2gt/� who is personally known to me as identification. Signature of N Type or Print Name of Notary y Commission Number (Seal) rph,SERGEI GOUKASOV Page 5 of 6 Revised August 11, 2011 Q1.1" 7"a""m Notary Public • State of Florida•$My Comm. Expires Oct 27, 2014. Commission #r EE 23924." Bonded Through National Notary Assn. Supplement 9 Land Development Code/Comprehensive Plan Waiver Supplement The following waivers or modifications to the minimum requirements stipulated within the Land Development Code and Comprehensive Plan may be granted if it is determined that extraordinary hardships or practical difficulties may result from strict compliance with the regulations, or if it is determined that the regulations may be served to a greater extent by an alternative proposal. A. Waiver Submittal Type (check applicable) ❑ Development Application Time Limits (LDC 11.06.07.B.) ❑ Distance Requirements for Alcoholic Beverages (LDC 7.10.11.C.) ❑ Dry Line or Sewer Line Requirements (LDC 7.08.03.C.) ❑ Environmental Impact Report Requirements (LDC 11.02.09.5.a.2.) ❑ Landscape Requirements for Planned Developments (LDC 7.09.04.E.) Masonry Wall or Opaque Wood Fence Requirements (LDC 7.09.04.E.) ❑ Road Paving Requirements (LDC 7.05.07.B.2.) ❑ Swimming Pool Fencing Requirements (LDC 8.00.05.A.) ❑ Traffic Impact Study/Report Requirements (LDC 11.02.09.4.a.3.) ❑ Wetland Alterations (Comp Plan Policy 8.1.14.3) B. Justification (if additional space is needed for justification, please attach to the application All waiver requests must be fully justified by the petitioner, incomplete or inadequate justification may result in rejection of the application. Justification must be specific to the subject property. The justification provided. by the petitioner should include all factors which rationalize or substantiate the request in accordance with the following criteria: a. Summarize any extraordinary hardships or practical difficulties which may result fro strict compliance with the LDC regulations. oo45n U)o/ I CA V&Z4' ella'y �*\J i Verify that the intent of the Regulations will be served to a greater extent through C. Substantiate that approval of the waiver will not be detrimental to the public interes `- JL_1X Y i eihteV d. Coim that the approval of the waiver wiII nonu y t R Iations. C, Meeting Requirements The Development Review Committee (DRC) shall eview and provide a reco rMmendation p ( to the Board of County Commissioners whom shall take final action on said waiver request. Please be advised that prior to DRC review of the waiver request, Growth Management staff may require a pre -application conference with the DRC. I have reviewed the applicable Land Development Code (LDC) Section noted above for my particular waiver request. I understand that staff has the obligation to request additional information as deemed necessary to process this application request. P - Ime ( rinted) Date MAGER CONSTRUCTION, INC. Phone / Fax: (772) 286-0248 • Mobile: (772) 595-8290 CGC #059059 St. Lucia County VIA HAND DELIVERY January 17, 2012 Mr. Mark Satterlee St. Lucie County Planning Dept. 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Mark: As per your request I have enclosed a letter from John Copanos, the property owner who owns the land south of and adjacent to the Ingravallo property. Mr. Copanos has no objection to the elimination of the wall and fence that was to be installed parallel to his property. Should you wish to contact him, his phone number if(561) 588-0108 Sincerely, TJ�a 4597 S. W. River's End Way * Palm City, Florida 34990 U I i IL r r 4 rP.L t. L -4, 4 W ( rz1-rVJWAQ.LV( 513"AlePf`l t.7" Ae. I" I ;dPW,W- Planning & Developmont Servicee Building & Code Regulation Division Permitting Department 2300 Virginia Ave. Fort Piarce,FL. 34982 Attention: Mark Satterles N 1# Sohn Copanom ovner of the adjacent property on tho southaide of the Ingravallo property, have no objection In eliminating the construction of a fence an4 retaining wall botvton our properties. Jobn4copanos — /X4�1 e.-t-14cevW Address 7 V Date r PROPERTY RECORD CARD Mandela Holdings LLC Record: 1 of 1 <<Prev Next>> Spec.Assmnt Taxes Exemptions Permits Home Print Property Identification CO Site Address: N A1A - ParcellD: _ 1423-130.0015-000-0 y� Sec/Town/Range: Map ID: 23 :34S :40E 14/23N Account #: 8285. Use.: Vac Res _.Land City/Cnty: St Lucie County Zoning: HIRD Ownership and Mailing Legal Description Owner: Mandela Holdings LLC 23 34 40 N.100 FT OF S 700 FT OFGOVT LOT 1 LYG W OF A1A (OR Address: 1800 S Ocean Blvd 2665-1692: 2797-2719) Manalapan FL 33462 Sales information Assessment 2011 Final Total Land and Building Date Price Code Deed Book/Page 2011 Final: 303300 Land Value: 303300 Acres: 6.12 9/13/2006 3100000 02 SP 2665 / 1690 Assessed: 303300 Building Value: 0 9/7/2006 100 02 QC 2797 / 2719 Ag.Credit: 0 Finished Area: 0 SgFt 9/6/2006 7000000 02 WD 2665 / 1692 Exempt: 6/28/2004 2000000 02 WD 2004 / 2711 Taxable: 1/28/2004 250000 00 WD 1896 / 0344 Taxes: 6170.84 12/29/1993 65000 00 WD 0877 / 1822 3/16/1992 100 01 WD 0816 / 1011 BUILDING INFORMATION . No Sketch Available Exterior Features View: - ExtType: - Grade: - StoryHght: - Interior Features BedRooms: FullBath: 1/2Bath: %A/C: RoofCover: YearBlt: EffYrBlt: No.Units: RoofStruct: Frame: PrimeWall: SecWall: Electric: PrmintWall: HeatType: - AvgHt/FI: HeatFuei: - Prm.Flors: - %Heated: %Sprinkled: Special Features and Yard Items Land Information Type Y/S Qty. Units Quai. Cond. YrBlt. No. Land Use Type Measure Depth 1 0000-Vac Res 515 -Acres 2 2 0000-Vac Res 505 -Acres 3.26 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. http://www.pasle.org/prc.asp?prclid=142313000150000 1/25/2012 O;, 7 � o tSg aa Y 5 Al < wii 4EN 4d} a m — m AIR I�m I� i C�j W py3g 1� IN Rm x w WEI � W J Z LL a�j 9 w .0 0 r�l MV61099 Xv3 �`V4 TT86'6TZ'T9S V66VE upPOIA 'PUMS amaa amnuum W aaaaigaav adwaspunZ aaea •� aauaaneZ O z' tL F o W N Z o F— 15 a z ueid edsospus-1 LY1 sppoid `Aluno3 eion-1 'IS `V-V%f N}JON 'r "e��• Culplina leUOISSNOAd oIISnS BUILa �o w yyyy�� 71 Z° ,ttlg � p p Yf, Q iymit9 INN nlm QKQ �V goo °v�� w���� �Eo�� rl, i I 6 V Z 0. �! W U m a v z' z 3 �• ��'� �o�� $:N� �v� ��i�� o Zs�z Z yRy� y� {5 p_I LLa N Q�-ijF,O^t� i3 j W�:Ua1O Si Ul O. 51 �LKryil Nt�N_m � � V� IM1'!ML4 �N r Fri 14 W 4_z�E 1S ��Szd825�N3=i�YA� �AYDO m3�685�-�3oT, p� o xxax�= �xd�soE, E�b �� ij!t _ xti n dL t Y (((1t L Q a IO I Z O i� 2 Y >yg O O y O OO O r 5 2 a 2 2 2 5 J 5 Num >� 6 55 p , 0� :4 �% y- I P P N q �3b;�000aO IS IY"i I, y o w m- i II Z k `� hiiI23 NaI =l C 0 $ ¢ 12 p � 9 z a ui ZI • F V �!!+ " -a�< V F b orT �o lz- IRV- V Q V O U U NR Rio.. m _ �' ° ro -Jni I 14, 111, .. A .. . . . _. . AGENDA REQUEST ITEM NO. �. DATE: February 21, 2012 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 12-031- Amendment to the Investment Policy BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt attached Resolution No. 12-031 and authorize the Chairman to sign the Resolution. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator / Review and Approvals County Attorney: <<' Management & Budget Purchasing: Daniel S. McIntyre Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 7F,VolNTY 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.: 12-0134 DATE: February 2, 2012 SUBJECT: Resolution No. 12-031- Amendment to the Investment Policy BACKGROUND: Pursuant to Section 218.415, Florida Statutes, counties that have custody of public funds in excess of the amounts needed to meet current expenses who elect to conduct investment activity themselves rather than depositing those funds in the Local Government Surplus Funds Trust Fund for investment by the State Board of Administration, are required to conduct such investment activity in accordance with a written investment policy adopted by the Board of County Commissioners. The Clerk has proposed changes to the County's Investment Policy, which proposed changes are attached to draft Resolution No. 12-031 as Exhibit "A". On February 9, 2012, the County's Investment Committee met and voted to recommend approval of the proposed changes. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt attached Resolution No.12-031 and authorize the Chairman to sign the Resolution. Respefully submitted Daniel'S. McIntyre/ � County Attorney j DSM/caf Attachment RESOLUTION NO. 12-031 A RESOLUTION AMENDING THE INVESTMENT POLICY FOR ST. LUCIE COUNTY, FLORIDA; BY FURTHER AMENDING THE INVESTMENT POLICY WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Pursuant to Section 218,415, Florida Statutes, on or before October 1,1995, counties that have custody of public funds in excess of the amounts needed to meet current expenses who elect to conduct investment activity themselves ratherthan depositing these funds in the Local Government Surplus Funds Trust Fund for investment by the State Board of Administration, are required to conduct such investment activity in accordance with a written investment plan and an investment policy adopted by the Board of County Commissioners or in the alternative to invest in specified low -risk instruments. 2. On September 26, 1995, the Board adopted Resolution No. 95-168 which adopted an investment policy as recommended by the Investment Subcommittee of the St. Lucie County Citizens Budget Review Committee, 3. On December 6, 1995, the Investment Committee recommended that the Board adopt certain amendments to the investment policy; and on January 2, 1996, the Board adopted Resolution No. 95-275 which amended the investment policy and incorporated the recommended changes of the Investment Committee. 4. On December 3,1997, the Investment Committee recommended that the Board adopt certain amendments to the investment policy and on December 16, 1997, the Board adopted Resolution No. 97-190 which amended the investment policy and incorporated the recommended changes of the Investment Committee. 5. On April 4, 2001, the Investment Committee recommended that the Board adopt certain amendments to the investment policy, and on April 24,2001, the Board adopted Resolution 01-95 which amended the investment policyand incorporated the recommended changes of the Investment Committee. 6. On September 21, 2005, the Investment Committee recommended that the Board adopt certain changes to the investment policy, and on October 11, 2005, the Board adopted Resolution No. 05- 378. 7. On October 25, 2006, the Investment Committee recommended that the Board adopt certain changes to the investment policy, and on November 28, 2006, the Board adopted Resolution No. 06-345, 8. On December 6, 2007, the Investment Committee recommended the Board adopt certain changes to the investment policy, and on December 11, 2007, the Board adopted Resolution No. 07-396, 9. On January 23, 2008, the Investment Committee recommended the Board adopt certain changes to the investment policy, and on February 12, 2008, the Board adopted Resolution No. 08-069. 10. On January 27, 2009, the Investment Committee recommended the Board adopt certain changes to the investment policy, and on March 10, 2009, the Board adopted Resolution No. 09-082. 11. On May 5, 2010, the Investment recommended the Board adopt certain changes to the investment policy, and on June 8, 2010, the Board adopted Resolution No, 10-167. 12. On February 9, 2012, the Investment Committee recommended the Board adopt certain changes to the investment policy which are attached as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby adopt the amendments to the investment policy attached hereto and made a part hereof as Exhibit"A", pursuant to Section 218.415, Florida Statutes. 2. Except as amended herein, the remaining terms and conditions of the Investment Policy, as amended, shall remain in full force and effect. 3. This resolution shall take effect on adoption. After motion and second, the vote on this resolution was as follows: Chairman Chris Dzadovsky XXX Vice Chairman Tod Mowery XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this _ day of February 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS INVESTMENT POLICY TABLE OF CONTENTS I. SCOPE ............................................................................................................................... . 2 II. INVESTMENT OBJECTIVES................................................................................................2 III. DELEGATION OF AUTHORITY....................................................................................... 2,3 IV. INVESTMENT PERFORMANCE AND REPORTING......................................................3 V. PRUDENCE AND ETHICAL STANDARDS....................................................................3,4 VI. AUTHORIZED INVESTMENTS.......................................................................................4,5 VII. MATURITY AND LIQUIDITY REQUIREMENTS...........................................................6 VIII. PORTFOLIO COMP05ITION...........................:................................................... 6,718,9,10 IX. RISK AND DIVERSIFICATION..........................................................................................10 X AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS .......................10,11 XI. THIRD PARTY CUSTODIAL AGREEMENT5.....................................................................11 XII. MASTER REPURCHASE AGREEMENT.................................................................................11 XIII BID REQUIREMENT.......................................................................................................11,12,13 XIV. INTERNAL CONTROLS ........ .............................................................................................. 13,14 1 I. SCOPE This investment policy applies to all surplus funds held by or for the benefit of the St. Lucie County Board of County Commissioners, hereinafter referred to as the County. These policies were adopted using Sections 125.31 and 218.415, Florida Statutes. Bond proceeds may be further limited or expanded by their respective bond resolutions or covenants and shall not be considered to be in conflict with the Investment Policy. II. INVESTMENT OBJECTIVES The County shall strive to achieve with each investment opportunity, the following objectives, in ORDER OF PRIORITY: 1. SAFETY - The primary objective of the County's investment activities is the protection of investment capital 2. LIQUIDITY - The County's investment strategy will provide sufficient. liquidity such that cash flow requirements are met through the utilization of marketable securities with structured maturities. 3. INVESTMENT INCOME In investing public funds, the County will strive to maximize the return on the portfolio but will minimize investment risk. III. DELEGATION OF AUTHORITY The responsibility for providing oversight and direction in regard to the management of the investment program resides with the Clerk of the Circuit Court. The Board of County Commissioners will appoint an Investment Committee that will serve in an advisory capacity and report to the Board of County Commissioners. Each Commissioner will select one of the five Investment Committee members who will possess relevant f inancial experience. The Investment Committee shall meet quarterly to review the Clerk's investment strategy and results. The Investment Committee will rely on the Clerk of the Circuit Court, Finance Director and their staff for support. The management responsibility for all Board's funds in the investment program and investment transactions is delegated to the Clerk of Circuit Court or designee. The Clerk of the Circuit Court or designee shall establish written procedures for the operation of the investment portfolio and a system of internal accounting and administrative controls to regulate the investment activities. The Clerk may employ investment manager(s) to assist in managing some of the 2 Board's investment portfolio. Such investment manager must be registered under the investment Advisors Act of 1940. IV. INVESTMENT PERFORMANCE AND REPORTING A portfolio report shall be prepared each quarter by the Finance Director or designated staff member, and be provided to the Clerk of the Circuit Court and appropriate management staff. The report will also be made available to the Board of County Commissioners and Investment Committee. The report shall include a breakdown of the portfolio as well as its overall performance and the current market pricing at month - end. A detailed analysis of the investment portfolio will be prepared by the Finance Director and presented to the Board of County. Commissioners and Investment Committee on a quarterly basis. The report shall include information relating to transactions, market values, performance and adherence to policy. The Clerk of the Circuit Court is authorized to utilize an investment accounting service to obtain necessary information. The Board of County Commissioners will conduct an annual review of the investment portfolio and the investment policy. The Board of County Commissioners will appoint an Investment Committee that will serve in an advisory capacity and report to the Board of County Commissioners. Each Commissioner will select one of the five Investment Committee members who will possess relevant financial experience. The Investment Committee and the Board of County Commissioners shall receive a copy of the portfolio pricing analysis. The Clerk of the Circuit Court shall be notified immediately upon exceptions from currently approved investment policies by the Finance Director. In the event of an emergency situation requiring noncompliance with policy guidelines, the Finance Director shall attempt to schedule a special committee meeting to discuss the proposed action. If a special committee meeting is not possible due to time constraints or scheduling problems, the Finance Director shall individually notify a minimum of three committee members to obtain approval of the proposed action. V. PRUDENCE AND ETHICAL STANDARDS The "prudent person" standard shall be used in the management of the overall investment portfolio. 3 The Finance Director, and other persons performing the investment function, shall act as a "prudent person" in accordance with these written policies and procedures, exercising due diligence and investing in investments authorized by law. The "prudent person" standard is herewith understood to mean the following: Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. VI. AUTHORIZED INVESTMENTS The Clerk of the Circuit Court acting through the Finance Director, or other designee of the Clerk's office, shall purchase or sell investment securities at prevailing market rates, with a preference to par bonds or those at a discount. Authorized instruments areas follows: A. The Local Government Surplus Funds Trust Fund, the State Investment Pool administered by the State Board of Administration, also known as S.B.A. B. The Florida Local Government Investment Trust, also known as F.L.G.I.T, administered by the Florida Association of Court Clerks and Comptrollers and the Florida Association of Counties. C. Negotiable direct obligations of, or obligations the principal and interest of which are unconditionally guaranteed by, the United States Government. Such securities will include, but not be limited to, the following: 1. Treasury Bills 2. Treasury Notes 3. Treasury Bonds D. Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by United States agencies provided such obligations are backed by the full faith and credit of the United _States Government. Such securities will include, but not be limited to, the following 1. Farmers Home Administration 2. Government National Mortgage Association (GNMA) 3. Government guaranteed bank debt issued pursuant to the Troubled Asset Relief Program (TARP) 4 E. Bonds, debentures, notes of or other evidence of indebtedness issued or. guaranteed by United States Government agencies (Federal Instrumentalities) which are not full faith and credit agencies limited to the following: .1. Federal Farm Credit Bank (FFCB) 2. Federal Home Loan Bank or its district banks (FHLB) 3. Federal National Mortgage Association (FNMA) 4. Federal Home Loan Mortgage Corporation (Freddie -Macs) F. Non-negotiable interest -bearing time certificates of deposit, money market accounts or savings accounts in financial institutions organized under the laws of the United States, doing business and situated in this state, provided that any such deposits are secured by the Florida Security for Public Deposits Act, Chapter 280, Florida Statutes. G. Repurchase agreements collateralized by Treasury Bills or Notes having a maturity of two (2) years or less. H. Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency. I. Corporate Obligations issued by financial institutions in the FDIC's Temporary Liquidity Guarantee Program (TLGP), which are fully insured by the FDIC and guaranteed by the full faith and credit of the United States Government. J. Corporate Obligations or Corporate Notes of U.S. Corporations with at least two of the following three minimum ratings; A- by Standard & Poor's, A3 by Moody's, or A - by Fitch. K. Commercial paper of any United States company that is rated, at the time of purchase, —Prime-1 by Moody's and —A-1 by Standard & Poor's (prime commercial paper) If the commercial paper is backed by a letter of credit (—LOC) the long-term debt of the LOC provider must be rated —A or better by at least two nationally recognized rating agencies. Investment in derivative products is not authorized. For the purposes of this policy derivative products are defined as financial arrangements whose value are derived from changes in an underlying variable such as a stock, bond, stock index, interest rate index, currency, commodity, etc. Derivative investments include, but are not limited to: futures contracts, options contracts, forward contracts, interest rate swaps, interest rate floor or ceiling contracts, and linked index investments. VII. MATURITY AND LIQUIDITY REQUIREMENTS To the extent possible, an attempt will be made to match investment maturities with known cash needs and anticipated cash flow requirements. Investments, including investment pools, of current operating funds shall have maturities of up to five and one- half (5.5) years except the Corporate Obligations. The maximum length to maturity for Corporate Obligations under the Temporary Liquidity Guarantee Program (TLGP) shall be three (3) years and non-TLGP Corporate Obligations or Corporate Notes shall be five (5) years from the date of purchase. The Finance Director and other persons performing the investment function will provide an appropriate mix of maturities to maximize the return on the portfolio while minimizing investment risk. Investment of bond reserves, construction funds, and other non -operating funds shall have a term appropriate to the need for funds, and in accordance with debt covenants, but shall not exceed five and one- half (5.5) years, unless permitted by the terms of the bond documents. A liquidity amount of approximately three (3) months of anticipated disbursements, excluding bond construction payments or other bond payments made from escrow or trust accounts, will be kept in relatively short-term investments. These would include the State Investment Pool (SBA), F.L.G.I.T., money market accounts and Repurchase Agreements. VIII. PORTFOLIO COMPOSITION The following are the guidelines for investments and limits on security issues, issuers, and maturities as established by the County. The . Finance Director, or their appropriate designee, after consulting with the Clerk of Circuit Court, shall have the option to further restrict or increase investment percentages from time to time based on market conditions. Purchases of investments based on bond covenant requirements shall not be included in the portfolio composition calculation. The following maximum limits are guidelines established for diversification by instrument: Authorized Investment- Sector Type Maximum Allocation Individual Issuer Limit Maximum Length to Maturity Florida Local Government Surplus Trust Fund 40% N/A N/A Florida Local Government Investment Trust Fund 35% N/A N/A Certificates of Deposit 40% 10% 2 years Treasuries 75% N/A 5.5 years United States Government Agencies 50% 25% 5.5 years Federal Instrumentalities (United States Government Sponsored Agencies) 50% 25% 5.5 years Repurchase Agreement 10% 10% 1 year Money Market Funds 80% 25% N/A Corporate Obligations (Temporary Liquidity Guarantee Program) 50% 25% 3 years Corporate Obligations or Corporate Notes 25% 5% 5 years Commercial Paper 25% 5% 1 180 days A. The Local Government Surplus Trust Fund (SBA). 1. A maximum of 40% of the portfolio may be invested in the SBA, however, bond proceeds may be temporarily deposited in the SBA until alternative investments have been purchased and are not a part of this calculation. B. The Local Government Investment Trust fund (F.L.G.I.T.) 1, A maximum of 35% of the portfolio may be invested in (F.L.G.I.T). C. Non-negotiable Interest -Bearing Time Certificates of Deposit 1. A maximum of 40% of the portfolio may be invested in non-negotiable interest bearing time certificates of deposit or savings accounts. 2. The maximum maturity on any certificates shall be no greater than two (2) years from the time of purchase. 7 3. A maximum of 10% of the portfolio may be deposited in the instruments of any one issuer. D. United States Government Securities 1. A maximum of 75% of the portfolio may be invested in United States Government Securities which are defined as negotiable direct obligations, or obligations the principal and interest of which are unconditionally guaranteed, by the United States Government. 2. The maximum length of maturity of any direct investment in government securities is five and one-half (5.5) years. E. United States Federal Agencies 1. A maximum of 50% of the portfolio may be invested in United States Federal Agency securities which are backed by the full faith and credit of the United States Government. 2. The maximum length of maturity of any direct investment in Federal Agencies Securities five and one-half (5.5) years. 3. A maximum of 25% of the portfolio may be invested in the instruments of any one issuer. F. Federal Instrumentalities 1. A maximum of 484 50% of the portfolio may be invested in Federal Instrumentalities which are not full -faith and credit United States Government Agencies. 2. The maximum length of maturity of any direct investment in Federal Instrumentalities is five and one-half (5.5) years. 3. A maximum of 25% of the portfolio may be invested in the instruments of any one issuer. G. Repurchase Agreements 1. A maximum of 10% of the portfolio may be invested in repurchase agreements with the exception of one (1) business day agreements and overnight sweep agreements which may go as high as 25%. 8 2. The maximum term of a repurchase agreement will be one (1) year. 3. A maximum of 10% of the portfolio may. be invested in the instruments of any one issuer with the exception of one (1) business day agreements and overnight sweep agreements which may go as high as 25%. H. Money Market Funds 1. A maximum of 80% of the portfolio may be invested in institutional money market funds. 2. Money market funds must have an "AAA" rating from Moody's, Standard and Poor's or Fitch. 3. A maximum of 25% of the portfolio may be invested in anyone money market fund. I. Corporate Obligations - Temporary Liquidity Guarantee Program 1. A maximum of 50% of available fund may be directly invested in corporate obligations issued by financial institutions that participate in the FDIC's Temporary Liquidity Guarantee Program (TLGP). 2. A maximum of 25% of available funds may be invested with any one issuer. 3. The maximum length of maturity of any Corporate Obligations - TLGP is three (3) years. J. Corporate Obligations or Corporate Notes 1. A maximum of 4-&% 25% of available funds may be invested in corporate obligations or corporate notes. 2. A maximum of -34 5% of available funds may be invested in with any one issuer. 3. The maximum length of maturity of any Corporate Obligations or Corporate Notes is five (5) years. 0 K. Commercial Paper 1. _A maximum of 25% of available funds may be directly invested in prime commercial paper. 2. A maximum of 5% of available funds may be invested with any one issuer. 3. The maximum length to maturity for prime commercial paper shall be 180 days from the date of purchase IX. RISK AND DIVERSIFICATION Assets held shall be diversified to control the risk of loss resulting from the over concentration of assets in a specific maturity, issuer, instrument, dealer, or bank through which these instruments are bought and sold. Diversification strategies within the established guidelines shall be reviewed and revised periodically as necessary by the appropriate management staff. X. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS. The County shall only purchase securities from financial institutions which have offices located within the State of. Florida and are qualified as public depositories by the Treasurer of the State of Florida, from primary securities brokers/dealers designated by the Federal Reserve Bank of New York or from secondary brokers/dealers, with an office located in the State of Florida. Such specified brokers/dealers must be reviewed and approved by the Investment Committee and approved by the Board of County Commissioners. Documented lists of the authorized financial institutions and brokers/dealers will be developed and maintained by the Finance Director and approved by the Clerk of the Circuit Court. The restriction on the secondary brokers/dealers with an office located in the State of Florida does not apply to the external investment managers The purpose is to provide greater flexibility in seeking better pricing and optimize interest income to the County within the guidelines set forth in this policy 10 If at any time the Clerk of the Circuit Court is appropriately notified of any threat to the integrity of the investment portfolio, proper security measures may be suggested and implemented, and the Clerk of the Circuit Court shall have the option to further restrict investment in selected instruments, to conform to the then -present market conditions. Repurchase Agreements will be conducted through, and negotiated with primary securities brokers/dealers, or secondary brokers/dealers, or Qualified Public Depository financial institutions. A written Master Repurchase Agreement will be negotiated with any institutions with which the County through the Clerk of the Circuit Court enters into a specific repurchase agreement. XI. THIRD PARTY CUSTODIAL AGREEMENTS The Clerk of the Circuit Court will execute a Third Party Custodial safekeeping Agreement with a commercial bank's trust department which is separately chartered by the United States Government or the State of Florida. All securities purchased and/or collateral obtained by the Clerk of the Circuit Court shall be properly designated as an asset of the County and held in safekeeping by the trust department and no withdrawal of such securities, in whole or in part, shall be made from safekeeping except by an authorized staff member. The Third Party Custodial Safekeeping Agreement shall include letters of authority from the Clerk of the Circuit Court, details as to responsibilities of each party, notification of security purchases, sales, delivery, repurchase agreements, wire transfers, safekeeping and transaction costs, procedures in case of wire failure or other unforeseen mishaps including liability of, each party. XII. MASTER REPURCHASE AGREEMENT The Clerk of the Circuit Court will require all approved institutions and dealers transacting repurchase agreements to execute and perform as stated in the Master Repurchase Agreement. All repurchase agreement transactions will adhere to requirements of the Master Repurchase Agreement. The agreement shall specify that the underlying securities have a market value of at least 103% of the principal balance of the investment. The market value is to be determined on a monthly basis. XIII. BID REQUIREMENT Although in most situations the competitive bid process shall be utilized, there is no obligation to secure competitive bids from all financial institutions and dealer/brokers on the approved list. 11 Rather a decision will be made by the Clerk of the Circuit Court through the Finance Director as to the institutions that have been the most competitive over the preceding weeks and these will be contacted for a bid. After the Clerk of the Circuit Court, through the Finance Director, has determined the approximate maturity date based on the cash flow needs and market conditions and has analyzed and selected one or more optimal types of investments, a minimum of three (3) qualified banks and/or dealers will be contacted and asked to provide bids on the securities in question. 1. Bids will be held in confidence until the highest bid is determined and awarded. 2. Documentation will be retained for all bids, with the winning bid clearly identified. 3. If for any reason the highest interest rate bid was not selected, then the reasons leading to that decision will be clearly indicated on the bid form. 4. If the maturing investment +s in funds to be invested are from a certificate of deposit, the present holder of the funds issuer of the CD will be one of the contacts made, subject to the portfolio diversification requirements in this policy. 5. In certain circumstances where a dealer or bank informs the County of a potential sale that must be completed within minutes of notification, the competitive bidding policy will be waived. The Clerk of the Circuit Court will have final approval on. these particular transactions before they have been completed. 6. Notwithstanding the above, in order to afford financial institutions ( ) within St. Lucie County opportunities to enhance the economy of the local area, certificates of deposit may be purchased from an institution as described in Section VI.F provided that the following additional conditions have been satisfied: a. The institution, or a branch office, is located within the boundaries of St. Lucie County. b. The institution has the highest and best bid of all bidding institutions as described in Section VI.F. 12 C. The institution awarded the bid is subject to the portfolio limitation requirements and may not exceed said limitations. d Financial institutions included on the approved list must be Qualified Public Depositories, as determined by the State of Florida. XIV. INTERNAL CONTROLS The Clerk of the Circuit Court shall exercise and monitor a set of internal controls to be conducted through the Finance Director., Controls are designed to protect the County's funds and ensure proper accounting and reporting of the securities transactions. The investment policy shall provide for review of such controls by independent auditors as part of any financial audit periodically required of the unit of local government. Such internal controls shall consist of the following: A. All securities purchased or sold will be transferred only under the "delivery versus payment" (D.V.P.) method to ensure that funds or securities are not released until all criteria relating to the specific transaction are met. B. The Clerk of the Circuit Court is authorized to accept, on behalf of and in the name of St. Lucie County, bank trust receipts or confirmations as evidence of actual delivery of the obligation or securities in return for investment of funds. C. Trust receipts or confirmations shall fully describe the various obligations or securities held. The receipt or confirmation shall state that the investment is held in the name of St. Lucie County. D. Written documentation and/or confirmation of telephone transactions and wire transfers will be maintained. E. There will be adequate separation of duties with clear delegation of authority among investment personnel. F. Custodial safekeeping shall be properly utilized. G. Operation review and performance evaluations and reporting, interim and annual, shall be done by the Finance Director. H. There will be an avoidance of no bearer -form securities. 13 I. There will be no physical delivery of securities. J. There will be specific limitations regarding securities losses and remedial. action shall be taken as soon as possible. K. A development of a wire transfer agreement with the custodial bank outlining the various controls and security provisions for making and receiving wire transfers shall be made. L. There is a prohibition of collusion between those making investment decisions and those providing investment services. M. Written dealer confirmation and monthly and/or quarterly custodial account statements shall be maintained. N. Investment policy shall be established by the Board of County Commissioners considering the recommendations of the Investment Committee. All daily investment activity will be coordinated and reviewed by the Finance Director. In the absence of the Finance Director and Clerk of the Circuit Court investment activity must be approved by their designee and later approved by the Finance Director or Clerk of the Court. O. The following positions are designated by the Clerk of the Circuit Court as having the authority to initiate all investment activities: 1. Clerk of the Circuit Court 2. Finance Director 3. All other designees will be at the discretion of the Clerk of the Circuit Court. P. All officials responsible for making investment decisions, or the Finance Director, shall complete 8 hours of continuing education annually in subjects or courses of study related to investment practices and products. Court. Q. Such additional internal controls as established by the Clerk of the Circuit 14 MOSQUITOS CONTROL DISTRICT MOSQUITO CONTROL DISTRICT www.co.st-lucle.fl.us www.stlucieco.org Tod Mowery, Chairman District No. 2 Paula A. Lewis, Vice Chair District No. 3 Chris Dzadovsky District No.1 Frannie Hutchinson District No. 4 Chris Craft District No. 5 MINUTES Approve the minutes from the January 17, 2012 meeting. li. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 16, 17, 18, 19 and 20. NOTICE; All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. J LL F- O W p W F- Z O u0 g O W D F- U V' J � Lu O N 5 �L U = O L O CC N f0 f° p L tf) LO O �, O = V O O O ri a) N = = Q O v Cl) U L O _ = L L - aJ 4_ 7 > _ O 0 � O a. J V Q N J = O Q Q a1 72 tB 75 J i m m 0 o 4+ L m ai " a1 O _ E o 0 -0 Q A e f6 O 0 E- U V m N V U = O rq U O E OJ cq O > 0 a O L- m O L a1 m 0 4� a) O .m ,v m O = O N .L N +' a) W s a N � O a) N to m 0 O U " U ate- -aaJ 0 Q o an � = cd v E Q "a N a� o c 3 w U = a) = a 4� v E v E v O 0 cu C C L Q.CL {..� > fB OL Q m O V +LJ N = m a L O O Ln N.2 J t=O 42 O E ri + E U U 0 u E O N = O aJ �— Z M c 0 O z W O N O ++ 7 .O J N a, N -a 2 aJ L N v _ •VI U Q to = L L r♦ r.J V Q Z L O O co LU U o cu O = a Q O > A O J ~ i• U 4- N a, < a..r Q _a W N 'a p m = _ ZO a c 0 a) E N w U U 0= E ri 3 N = M COLh 3 .Q O R 01/20/12 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST ##16- 14-JAN-2012 TO 20-JAN-2012 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 3,982.44 145834 Restore Tidal Flow into Harbor Bran 987.00 GRAND TOTAL: 4,969.44 PAGE 1 PAYROLL 28,809.92 0.00 28,809.92 } 01/27/12 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #17- 21-JAN-2012 TO 27-JAN-2012 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 5,294.65 GRAND TOTAL: 5,294.65 PAGE 1 PAYROLL 0.00 0.00 02/03/12 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #18- 28-JAN-2012 TO 03-FEB-2012 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 3,944.31 145834 Restore Tidal Flow into Harbor Bran 4,943.34 GRAND TOTAL: 8,887.65 PAGE 1 PAYROLL 30,760.36 0.00 30,760.36 02/10/12 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #19- 04-FEB-2012 TO 10-FEB-2012 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 12,673.89 145B34 Restore Tidal Flow into Harbor Bran 1,280.98 GRAND TOTAL: 13,954.87 a i PAGE 1 PAYROLL 0.00 0.00 0.00 EROSION DISTRICT EROSION DISTRICT www.co.st-lucie.fl.us www.stlucleco.org Frannie Hutchinson, Chair District No. 4 Tod Mowery, Vice Chairman District No. 2 Chris Dzadovsky District No.1 Paula A. Lewis District No. 3 Chris Craft District No. 5 MINUTES Approve the minutes from the January 17, 2012 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 16, 17, 18, 19 and 20. B. MOSQUITO CONTROL & COASTAL MANAGEMENT Artificial Reef Grant Consider staff recommendation to approve acceptance of $60,000 in grant funding from the FWCC (FWC 10-166), approval of Budget Resolution No. 12-001, approval of Work Authorization No. 4 with McCulley Marine Services, Inc. and authorization for the Chairman to sign documents as approved by the County Attorney. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request, Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. Q 0 V z LL W V) W E Z Z D O O o W L7 W Ln Lri s U 0 v � 3 0 Q � +, u _N O �, v*'i +' -0 O a) C G CU = L- f0 ff3 O p p O S= d Ln 0 U L' O L O u p p N s 0 3 Q O a1 cOo O O U p s +' O > E O c O Q L a) N > a1 O — Y 0 O ,L O v C O O Cr O Ln Q m CL U Q a E O O c Q .n 0 >' o � m aCL L 0 4 3= N 0 -0 ->3 � •E aJ U N L 1 N N p E L E U O 3 U> N LL Q Qbn oc N a) Q. L CC ~ -0LLJ N Q. G U U C p 4� v `� cu N N N -0 U ate' � f$L6 O O Q � tV +' O _C to U U L U 0 O U Q c-I a>lie- o i - J ui N r�-I v> 0 fa U- U O U a Q fo O a1 U n a M� N= N W p J Q I-- z O O .Q E Ln L m +•+ f0 � .Q 'a N 0 w O Q ai D a W Ln fo O O •N - U z aJ z z O s U �% i•' > N N ,N L CC G E Q E 4 O -�i U N f6 C m C 2 C Ln L- E aJ `' V r4 fa O N O fh s E 3 f00 o Uu oafsnLi —4- z U Ln 41 C Ln r-I O Z ++ N J bA C . f6 C L 'fa N � s a1 � Of= O L Ln Q r_ Q-s fa L) O ++ 4 O 0 U t6 -� E A O N U 0 O E s . -t3 = O CU N L cB U M C. U O o E U -0 L) (3) 0 O O E O N Q «s O :. +' a) a� Q C ca C7 a 4- a N w m C m 2 a) c U a1 .L LL c an .� � N O Q +' mLn = J � o I- N 4- s r- U a1 N o 4-r a Q •N v O s •Q � CL f 6 a-C W M 0 to fa LL c lw 'L > s a) aJ O O L LU Q a) E O A O ~ 0 L 0) >� Q Z a) LL a� > 41 0 0 m CL > N fa L OL O cNp Q s N CL ' 4- � Q N v �c E :3 H =4� (A bn C +_+ a) a a) s 01/20/12 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #16- 14-JAN-2012 TO 20-JAN-2012 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 497.56 6,490.29 GRAND TOTAL: 497.56 6,490.29 01/27/12 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #17- 21-JAN-2012 TO 27-JAN-2012 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 7,037.05 0.00 GRAND TOTAL: 7,037.05 0.00 n 02/03/12 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #18- 28-JAN-2012 TO 03-FEB-2012 FUND SUMMARY-- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 888.23 GRAND TOTAL: 888.23 PAGE 1 PAYROLL 6,490.29 6,490.29 02/10/12 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #19- 04-FEB-2012 TO 10-FEB-2012 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 3,406.57 GRAND TOTAL: 3,406.57 PAGE 1 PAYROLL 0.00 0.00 E ITEM NO. III-B TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST Erosion District Board DATE: 02/21 /12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT W PRESENTED BY:�'` James B. Oppenbor Z Coastal Resources `Supervisor Mosquito Control and Coastal Management Services Artificial Reef Grant See attached memorandum. 184-3710-563000-39003 Artificial Reefs -Infrastructure (Local Match and In -kind) PREVIOUS ACTION: March 14, 2011 — Administrative approval of a $60,000 Florida Fish and Wildlife Conservation Commission (FFWC) artificial reef construction grant application. RECOMMENDATION: Board acceptance of $60,000 in grant funding from the FWCC (FWC 10-166), approval of Budget Resolution 12-001, approval of Work Authorization No. 4 with McCulley Marine Services, Inc. and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney W OMB Director prwt Budget Analyst Daniel S. McIntyre MC&CMS N Erosion District Director �. JamesA. David (X) Marie Gouin Patti Marston James B. nborn Page 1 of 2 s{_ Mosquito Control & Coastal Management Services � MEMORANDUM TO: Erosion District Board THROUGH: James R. David, Mosquito Control Control & Coastal Management. Services Director or FROM: James B. Oppenb, .�, Coastal Resources Supervisor DATE: February 1, 2011 SUBJECT: Artificial Reef Grant Background: The St. Lucie County Artificial Reef Program received Administrative approval to submit a grant application to the Florida Fish and Wildlife Conservation Commission (FFWC) on March 14, 2011 for the purpose of deploying artificial reef materials at the permitted `Offshore' Artificial reef site. The Artificial Reef Program is required to provide a local cash match in the amount of $5,649 for permit -required pre - deployment surveys and proposes to provide in -kind funds in the amount of $8,000 towards the deployment of a fourth barge -load of materials. Budget Resolution 12-001 has been prepared to budget the unanticipated grant funds, and Work Authorization No. 4 has been prepared to have the work performed by McCulley Marine Services, Inc. Recommendation: Board acceptance of $60,000 in grant funding from the FWCC (FWC Contract No. 11178), approval of Budget Resolution 12-001, approval of Work Authorization No. 4 with McCulley Marine Services, Inc. and authorization for the Chairman to sign documents as approved by the County Attorney. Page 2 of 2 WORK AUTHORIZATION NO. 04 CONTRACT C08-10-620 FOR GENERAL MARINE AND ARTIFICIAL REEF CONTRACTING SERVICES THIS WORK AUTHORIZATION is made as of the day of , 2012, by and between the ST. LUCIE COUNTY EROSION DISTRICT, a dependent taxing district of the State of Florida, hereinafter referred to as the "County' and MCCULLEY MARINE SERVICES, INC., hereinafter referred to as the "Contractor". WITNESSETH: WHEREAS, on October 14, 2008, the County entered into a Contract (Contract No. C08-10-620) hereinafter referred to as "Contract" with the Contractor agreed to provide general marine and artificial reef contracting services on an as -needed basis; and, WHEREAS, pursuant to the Contract, the Contractor is to provide the contracting services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: PROJECT: The County has determined that it would like to complete a project described below: Transport by barge materials - currently stored at Harbour Pointe Park — deploy offshore at permitted site selected by St. Lucie County (hereinafter referred to as "the Project".) 2. SERVICES: The County has determined that it would like to utilize the services of the Contractor in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C08-10-620). The services to be provided by Contractor on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit 'W' and according to the schedule which is attached hereto and made a part of this work authorization and incorporated herein. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall not exceed a per flat load amount of seventeen thousand and 00/100 dollars ($17,000.00) for a total not to exceed amount of sixty-eight thousand and 00/100 dollars ($68,000.00), as further detailed in Exhibit "A". Page 1 of 2 Work Authorization No. 04 Contract C08-10-620 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Contractor shall commence work per the written Notice to Proceed, and shall complete all work on or before August 21, 2012. C. If the work is not fully completed according to the terms of the Contract and within the time limits stipulated herein, it is hereby acknowledged that the County will suffer damages which are not capable of ascertainment or calculation, and therefore the Contractor shall pay the County, as liquidated damages, a sum of twenty-five and 00/100 dollars ($25.00) per day for each day following the required completion date, until the date upon which actual completion occurs. d. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. e. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Contractor, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Contractor under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization effective the date first written above. ATTEST: DEPUTY CLERK WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY EROSION DISTRICT BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY MCCULLEY MARINE SERVICES, INC. (1) BY: (2) PRINT NAME: TITLE: Page 2 of 2 RESOLUTION NO. 12-001 WHEREAS, subsequent to the adoption of the St. Lucie County Erosion District's Budget, certain funds not anticipated at the time of the budget have become available from the Florida Fish and Wildlife Conservation Commission, through its partnership with the U.S. Fish and Wildlife Service, as a grant in the amount of $60,000, as funding for the County to construct an artificial reef by deploying artificial reef materials at the permitted 'Offshore' Artificial reef site. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Erosion District to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, in meeting assembled this 21 st day of February 2012, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2011-2012, and the Erosion District's budget is hereby amended as follows: REVENUES 184107-3710-331391-39003 APPROPRIATIONS 184107-3710-563000-39003 US Dept of I nterior-Fish &Wildlife Infrastructure After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chair XXX Commissioner Tod Mowery, Vice -Chairman XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX PASSED AND DULY ADOPTED THIS 21st DAY OF FEBRUARY, 2012. ATTEST: EROSION DISTRICT ST LUCIE COUNTY, FLORIDA M CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY $60, 000 $60, 000