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7-17-2012 BOCC Agenda_201207121631
INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO.: 12-0657 DATE: May 23, 2012 SUBJECT: Ordinance No.12-015 - Refueling Assistance for Persons with Disabilities; Permission to Advertise .****..*■***.**.*r�**r**�**.r*****rt**r*****r*******►**«***«**are**�*�«*.«�***«**** BACKGROUND: Subsection 526.141(5)(a), Florida Statutes, requires gasoline stations that offer self-service to require an attendant employed by the station to dispense gasoline to persons with disabilities. Attached to this memorandum is a copy of draft Ordinance No. 12-015 has been drafted for that purpose. RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No. 12-015 for a public hearing on August 7, 2012, at 6:00 p.m. or as soon thereafter as the matter may be heard. Respectfully submitted, L Katherine BaFEiierl Assistant County Attorney KB/caf Attachment AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B.2 DATE: July 17, 2012 REGULAR[] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: State of Florida Department of Transportation -County Incentive Grant Program Agreement - City of Port St. Lucie - Rescission at the Request of the City BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 12-137 rescinding Resolution No. 12-092. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: --� Approved 4.0 Faye W. Outlaw, MPA County Administrator Review and Approvals ff-A County Attorney: ,1/" Management & Budget Purchasing: Originating Dept. Daniel S. McIn�� tyre r Gouin I, Public Works Dir.: County Eng.: � Don est Mike Powley 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.: 12-0758 DATE: June 27, 2012 SUBJECT: State of Florida Department of Transportation; County Incentive Grant Program Agreement - City of Port St. Lucie - Rescission at the Request of the City BACKGROUND: The County Incentive Grant Program (CIGP) was created pursuant to state law to provide grants to counties to improve a transportation facility which is located on the state highway system or which relieves traffic congestion on the state highway system. The City of Port St. Lucie ("City") submitted a proposed projectto upgrade the existing IntelligentTransportation System through the installation of fiber optics communication cables along Westmoreland Boulevard from 3300 feet south of Morningside Boulevard to Lennard Road. The Agreement proposed that the County assign all of its interests and obligations in the oversight and management of the project to the City. On May 15, 2012, the Board adopted Resolution No. 12-092 as part of the agreement approval process. On June 19, 2012, the City of Port St. Lucie sent a letter to FDOT confirming that the city would not be proceeding with the CIGP. A copy of the June 19 letter is attached. RECOM MEN DATION/CONCLUSION: Staff recommends that the Board adopt Resolution No. 12-137 and the rescinding of Resolution No. 12-092. ly s Daniel S. McIntyre County Attorney DSM/caf Attachments AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-63 DATE: July 17, 2012 REGULAR[] PUBLIC HEARING [ ] CONSENT[x] PRESENTED BY: Katherine Barbieri Assistant County Attorney SUBJECT: Permission to Advertise - Ordinance No. 12-016 - Amending the Code of Ordinances of St. Lucie County, Florida, by Adjusting the Fees for Rotating Boom BACKGROUND: See attached memorandum No. 12-0763 RECOMMENDATION: Staff recommends that the Board grant permission to advertise Ordinance No. 12-016 for a public hearing before the Board of County Commissioners on September4, 2012 beginning at 6:00 p.m. or as soon thereafter as may be heard. COMMISSION ACTION: [� APPROVED [] DENIED [ ] OTHER: Approved 4.0 Review and Approvals [X] County Attorney: Daniel S. McIntyre Faye W. Outlaw, MPA County Administrator 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. 12-0763 DATE: July 17, 2012 SUBJECT: Ordinance No. 12-016 — Amending the Code of Ordinances of St. Lucie County, Florida, by Adjusting the Fees for Rotating Boom BACKGROUND: On November 6, 2007, the Board adapted Ordinance No. 07-012 which set the fees that tow truck companies may charge for nonconsensual towing (usually vehicular accident scenes). On February 1, 2011, the Board adopted Ordinance No. 11-004 which allowed vehicles left on public right-of-way to be towed after 48 hours and set storage fees for trespass towing. Ordinance No. 07-012 established a flat rate of $350 that a tow truck company may charge for when they are required to use a rotating boom to assist in the nonconsensual tow. A rotating boom is a tow truck that has a rotating boom in the bed of the truck. This is a specialized piece of equipment that would not be brought out for the usual nonconsensual tow. This equipment is effectively used for removal of large/heavy vehicles from accident scenes such as a semi -trailer. Tri-County Towing has provided the following information on a tow truck with a rotator boom. Tag Renewal: $1,357.65 Yearly Insurance Premium: $6,700.00 Heavy Duty Highway Tax: $550.00 Cost for a New Rotator: $864,558.69 Diesel Fuel: $4.00 per gallon (average currently) ITEM NO. DATE: AGENDA REQUEST REGULAR TO: BOARD OF COUNTY SUBMITTED BY: Housing and Community Services/Housing SUBJECT: Neighborhood Stabilization Program 3 (NSP3) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001538-5420-549605-500 NSP3 VI-Cl 07/17/12 PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) PRESENTED BY. Diana Wesloski Housing Manager PREVIOUS ACTION: March 22, 2011 - Acceptance of NSP3 grant. December 6, 2011 —Award of RFQ No. 11-036 Construction Contractor Pre - Qualification. Board Approval to enter into a contract with M.W. Patrick for the rehabilitation of 5612 Palmetto Drive under the St. Lucie County NSP3 grant, as outlined in the agenda memorandum; and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (XI APPROVED ( ) DENIED ( ) OTHER Approved 4.0 Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst 1 V 1 Daniel S. McIntyre Mane Gouin j-e�K-. Sophia Holt Originating Dept. ( ) ° o� Beth er Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director 94 FROM: Diana Wesloski; Housing Manager DATE: July 17, 2012 SUBJECT: Neighborhood Stabilization Program 3 (NSP3) ITEM NO. VI-Cl Background:. St. Lucie. County was awarded $1,947,657 in NSP3 funding, which is being used to purchase and rehabilitate homes within the targeted areas of Lakewood Park, River Park and Indian River Estates. On May 17, 2012, staff held a mandatory pre -bid meeting with the contractors on the NSP3 rotating list. Bids were received on June 1, 2012. The low bidder, A. Thomas Construction, Inc. withdrew their bid Staff is recommending award of the project to the following qualified lowest responsive responsible bidder: M.W. Patrick, Ft. Pierce, FL, in the amount of $50,300. All projects incorporate green, energy efficient products, including but not limited to, solar hot water heaters, 15 Seer or higher rated HVAC, double pane low E impact windows, and energy -rated appliance. Davis Bacon is not triggered for this project. The apprenticeship program parameters do not apply, as this project does not exceed $300,000. Recommendation Board approval to enter into a contract with M.W. Patrick for the rehabilitation of 5612 Palmetto Drive under the St. Lucie County NSP3 grant, as outlined in the agenda memorandum; and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Bid Tabulation Withdrawal Letter, A. Thomas Construction, Inc. TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY Housing and Community Services/Housing ITEM NO. VI-C2 DATE: 7117112 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: \ Diana WesloskijJ1�J Housing Manager Budget Resolution #12-139 - 10" Street Roadway Reconstruction Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) See attached memorandum. 001519-5420-581090-500 - CDBG DRI Fay PREVIOUS ACTION: March 23, 2010 - Board approval of the interlocal agreements with the City of Fort Pierce and City of Port St. Lucie. January 17, 2012 - Board approval to reject and re -bid Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Bid No. 11-031. RECOMMENDATION: Approval of Budget Resolution #12-139, as outlined in the agenda memorandum; and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 4.0 Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst Daniel S. McIntyre Marie Gouin Ft '%tv Yam Sophia Holt Originating Dept. ( ) Beth Ryder Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director�64� FROM: Diana Wesloski, Housing Manager DATE: July 17, 2012 SUBJECT: Budget Resolution #12-139 - 10th Street Roadway Reconstruction Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) ITEM NO. VI-C2 Background: St. Lucie County was granted $8,058,428 in CDBG DRI funds for recovery projects as a result of Tropical Storm Fay. The County is the primary recipient and administers the grant in partnership with the Cities of Fort Pierce and Port St. Lucie. The funds were designated for five (5) infrastructure projects, including the 10th Street project. On March 23, 2010, the Board approved an interlocal agreement between St. Lucie County and the City of Fort Pierce to provide funding for the 10th Street Roadway Reconstruction Project. The budgeted contribution amount of CDBG DRI money to the 10th Street project is $1,490,445, including contingency money. The total awarded contract to Dickerson Florida Inc. is $2,051,534. The City of Fort Pierce will be contributing the difference as outlined in the attached amended interlocal agreement. Recommendation Approval of Budget Resolution #12-139 as outlined in the agenda memorandum; and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Interlocal Agreement Budget Resolution AGENDA REQUEST ITEM NO. VI-C3 DATE: 7117/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY PRESENTED BY: COMMISSIONERS Stefanie Myers SUBMITTED BY: Housing and Community Community Services Manager Services/Community Services SUBJECT: Budget Resolution 12-141 - Community Services Block Grant (CSBG) FYI BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001549-6420-331691-600 CSBG FYI PREVIOUS ACTION: N/A RECOMMENDATION: Board acceptance of the FY13 CSBG grant, Budget Resolution No. 12-141 and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 4.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Slanatu res County Attorney ( ) OMB Director l 06-01 Budget Analyst Daniel S. McIntyre Originating Dept. Beth Ryder Marie Gouin Sophia Holt Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director 6— FROM: Stefanie Myers, Community Services Manager J p--� DATE: July 17, 2012 SUBJECT: Budget Resolution 12-141 - Community Services Block Grant (CSBG) FYI ITEM NO. VI-C3 Background: The Florida Department of Community Affairs provides an annual funding allocation under the CSBG to Community Action Agencies (CAA) throughout the state. The FYI funds that are allocated to the Treasure Coast Community Action Agency, encompassing, Martin, Okeechobee, and St. Lucie County is $201,921. An interlocal agreement with Martin, Okeechobee and St. Lucie Counties identifies the amounts each county will receive, 26%, 20.5% and 53.6%, respectively. St. Lucie will receive $108,028 and serves as the lead entity for the CAA. CSBG funds are used to assist residents in overcoming barriers to becoming self-sufficient. A match is required in the amount of $21,605.60 and existing budgeted funds will be utilized to meet the 20% match. Martin and Okeechobee provide the match for their portions. The Treasure Coast Community Action Agency Advisory Board meets quarterly and provides oversight. Services provided may include childcare, nutrition support, transportation, senior care, emergency assistance, etc., as well as long-term case management in support of obtaining education and employment. Recommendation: Board acceptance of the FY13 CSBG grant, Budget Resolution No. 12-141 and authorization for the Chairman to sign documents as approved by the County Attorney. Attachments: CSBG Agreement for FYI Budget Resolution No. 12-141 TO: SUBMITTED BY: SUBJECT: BACKGROUND: ITEM NO. DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Planning & Development Services St. Lucie County International Airport VI-D1 07/17/12 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Todd A. Cox l �0/ Airport Mana r Wildlife Hazard Assessment Grant — Federal Aviation Administration (FAA) See attached memorandum. FUNDS AVAILABLE: 140139-4220-531000-4953 — Professional Services (pending BOCC approval). PREVIOUS ACTION: N/A. RECOMMENDATION: Board acceptance of the FAA Grant Offer (Project Number 3-12-0023-033-2012) in the amount of $123,342 for the Wildlife Hazard Assessment, approval of Budget Resolution No. 12-134, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED w ( ) OTHER —� Approved 4.0 Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney ( ) OMB Director ,K Budget Analyst rrr«v���JJI Daniel . McIntyre Marie Gouin Heather Young Patty Marston Purchasing ( ) ERD ( ) Desiree Cimino Melissa Simberlund Originating Dept. ( ) Mark Satterlee E TO: SUBMITTED BY: SUBJECT: BACKGROUND: ITEM NO. DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Planning & Development Services St. Lucie County International Airport VI-D2 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Todd A. Cox Ltd / Airport Manag r Wildlife Hazard Assessment Grant - Florida Department of Transportation (FDOT) See attached memorandum. FUNDS AVAILABLE: 140-4220-563000-4804 - Infrastructure (pending BOCC approval). PREVIOUS ACTION: N/A. RECOMMENDATION: Board approval of Resolution No. 12-132 accepting FDOT JPA in the amount of $6,852 for the Wildlife Hazard Assessment, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (?G) APPROVED ( ) DENIED -� ( ) OTHER `'-------I Approved 4-0 Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Sig natu res County Attorney ( ) OMB Director ( ) n Budget Analyst how Daniel . McIntyre Marie Gouin Heather Young Patty Marston Purchasing ( ) Originating Dept. ( ) Desiree Cimino Melissa Simberlund Mark SSSaatterlee ERD ( ) ITEM NO. VI-D3 DATE: 07/17/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Planning & Development Services Todd A. Cox \� / St. Lucie County International Airport Airport Manage SUBJECT: Taxiway A & B Rehabilitation; Final Change Order BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140-4220-563000-48004 — Infrastructure (pending BOCC approval) PREVIOUS ACTION: October 13, 2009 - Board approved Resolution No. 09-294 accepting the Florida Department Transportation (FDOT) Joint Participation Agreement (JPA). May 3, 2011 - Board approved conditional award of Bid No. 11-010. July 5, 2011 - Board acceptance of the FAA Grant Offer (Project Number 3-12- 0023-032-2011). RECOMMENDATION: Board approval of Change Order No. 2 for Ranger Construction and permission to transfer funds in the amount of $73,187.86 as outlined in the agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 4.0 County Attorney ( ) Purchasing ( ) Originating Dept. ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures OMB Director l�} o.rr Budget Analyst Danie S. McIntyre Heather Young ERD Desir e Cimino Melissa Si berlund Mark Satterlee Marie G//ouin Patty Marston ITEM NO. DATE: AGENDA REQUEST REGULAR TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Planning & Development Services St. Lucie County International Airport SUBJECT: Airport Business & Marketing Plan Grant - FDOT BACKGROUND: See attached memorandum. VI-D4 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Todd A. Cox" Airport Manager FUNDS AVAILABLE: 140-4220-563000-4804 — Infrastructure (pending BOCC approval). PREVIOUS ACTION: N/A. RECOMMENDATION: Board approval of Resolution No. 12-131 accepting an FDOT JPA in the amount of $400,000 for the Strategic Business, Marketing, and GIS Survey Plan, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney ( ) OMB Director ( ) J Danie S6� tyre Budget Analyst ' V . McInMarie Goui Heather Young Patty Marston Purchasing ( ) ERD ( ) Desiree Cimino Melissa i erlund Originating Dept. ( ) Mark Satterlee ITEM NO. VI-D5 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Planning and Development Services Department, Planning Division DATE: 07/17/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Jeffrey Johnson Senior Planner SUBJECT: Final Plat Approval — Drawdy Subdivision BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: June 22, 2012 — Minor Site Plan approval was granted through PDS Order 12-024. RECOMMENDATION: Board approval of the final plat for Drawdy Subdivision and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (>I APPROVED ( ) DENIED ( ) OTHER Approved 4.0 COORDINATION/SIGNATURES CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM County Attorney (X) County Surveyor (X) 1fl� Daniel S. McIntyre Ron Harris County Engineer (X)�� ERD (X) Michael Powley Ka mith Originating Dept. (X) OMB ( ) Mark Satterlee Marie Gouin Purchasing ( ) Melissa Simberlund Planning and Development Services Department Planning Division MEMORANDUM TO: Board of County Commissioners 1 THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Kara Wood, Planning Manager FROM: Jeffrey Johnson, Senior Planner DATE: July 17, 2012 SUBJECT: Final Plat Approval — Drawdy Subdivision ITEM NO. VI-D5 BACKGROUND: On June 22, 2012, through Planning and Development Services Order 12-024, the Director of Planning and Development Services granted Minor Site Plan approval for the project known as Drawdy Subdivision subject to Board approval of the proposed plat. This site plan consists of a two — lot agricultural subdivision on 20.01 acres of property located on the south side of Germany Canal Road, '% mile west of Carlton Road. The subject property is zoned AG-5 (Agricultural — 1 du/5acres). There are no proposed improvements associated with the requested plat. The original tract of property was created by a lot split on April 25, 2005. Because the Land Development Code permits only one division of land to occur through a lot split, the further division of the subject parcel is required to undergo both the site plan approval and plat process. It has been determined that this plat meets all applicable provisions of the St. Lucie County Land Development Code and Chapter 177, Florida Statutes. RECOMMENDATION: Board approval of the final plat for Drawdy Subdivision and authorization for the Chairman to sign documents as approved by the County Attorney. AGENDA REQUEST ITEM NO. E-1 DATE: 07/17/12 REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED Y: Roger Shinn SUBMITTED BY: Parks, Recreation & Facilities Department Facilities Manager Facilities Division SUBJECT: Public Defender HVAC Chilled Water Conversion Funding BACKGROUND: See attached memorandum FUNDS AVAILABLE: 001-1931-546200-160036 Public Defender Maintenance Projects 001009-1931-546200-121601 Public Defender Maintenance Projects 001009-1931-546200-15007 Health Dept. Fire Panel 001-1931-546200-1536 Administration Bldg. Re -roof 001-1931-546200-1536 Administration Annex Lighting FY 10 001009-1931-546200-75012 Walton Community Center Windows 316-7240-562000-1650 Logistics Center Capital Impr PREVIOUS ACTION: May 15, 2012, BOCC rejected the only bid which exceeded the project budget and approved a modified scope for the re -bid of Bid No.12-007. RECOMMENDATION: Board approval to consolidate project funding for the re -bid of the Public Defender HVAC Chilled Water Conversion as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: (X) APPROVED ( ) DENIED ( ) OTHER Approved4.0 Faye W. Outlaw, MPA County Administrator Coordination/S is natures County Attorney ( ) OMB Director ( ) Budget Analyst DMUt"C'nty�yre� arie o in Originating Dept. Purchasing Ed Matthews Desiree Cimino FACILITIES DIVISION TO: Board of County Commissioners THROUGH: Ed Matthews, Parks, Recreation and Facilities Directo� FROM: Roger Shinn, Facilities Manager DATE: July 17, 2012 SUBJECT: Public Defender HVAC Chilled Water Conversion Funding ITEM NO. E-1 Background: May 15, 2012 BOCC rejected the only bid which exceeded the project budget by $240,200 and approved a modification of the scope for the re -bid of Bid No.12-007. Staff recommends relocating funding that is available from completed projects. These projects and funds include: Health Dept. Fire Panel Administration Bldg. Re -roof Administration Annex Lighting FY 10 Walton Community Center Windows Logistics Center Capital Impr. Total Existing Project Funding $30,168 (001009-1931-546200-15007) $49,052 (001-1931-546200-1536) $30,490 (001-1931-546200-1526) $15,000 (001009-1931-546200-75012) 115 490 (316-7240-562000-1650) $240,200 325 000 (001009-1931-56200-121601) New Total for Project $565,200 In addition, staff will be working with the project engineer to achieve additional savings through value engineering. Any funds made available through this process will remain in the project as contingency until completed. Recommendation: Board approval to consolidate project funding for the re -bid of the Public Defender HVAC Chilled Water Conversion as outlined. ITEM NO. VI-E2 DATE: 07/17/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY 7 Mark DiMascio - SUBMITTED BY: Parks, Recreation and Facilities Division Manager SUBJECT: Budget Resolution No.12-133 - Pepper Park Donation BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-7215-369900-700 PREVIOUS ACTION: N/A (X) RECOMMENDATION: Board approval of Budget Resolution No. 12-133 to accept Charles E. Ray's donation in the amount of $250 to be utilized to provide a new bike rack at Pepper Park as outlined in the agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (� APPROVED ( ) DENIED ( ) OTHER--� ---__—��-�- Approved 4-0 Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney (X) Daniel McIntyre Originating Dept. (X) �� c Edward Matthews OMB Director Budget Analyst ( X) 1 t Marie Gouin Patty Marston PRF Division ( X ) Manager — Mark DiMascio Parks and Recreation MEMORANDUM TO: Board of County Commissioners THROUGH: Edward Matthews, Parks, Recreation & Facilities Directo( FROM: Mark DiMascio, Division Manager �. DATE: July 17, 2012 SUBJECT: Budget Resolution No. 12-133 — Pepper Park Donation ITEM NO. VI-E2 Background: Pepper Park is the largest and most heavily visited of the County operated beach accesses. It is located on North Hutchinson Island between Al and the beautiful warm blue waters of the Atlantic Ocean. This lifeguarded beach is also popular with snorkelers and divers. Port St. Lucie attorney Charles E. Ray has made a donation of $250 towards making improvements at Pepper Park. Pepper Park has several amenities including grills, pavilions, picnic tables, and tennis courts. Given the option, Mr. Ray has chosen to put his donation towards the addition of a much needed bike rack. The addition of a bike rack will provide safety and security for those park patrons who chose to visit Pepper Park by bike. Recommendation: Board approval of Budget Resolution No. 12-133 to accept Charles E. Ray's donation in the amount of $250 to be utilized to provide a new bike rack at Pepper Park as outlined in this agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. ITEM NO. VI-E3 DATE: 7117112 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark DiMascio SUBMITTED BY: Parks, Recreation & Facilities Division Manage SUBJECT: Waiver of Havert L. Fenn Center Rental Fees for the 2012 "Choosing How I Live Life" Community Health Fair sponsored by the St. Lucie County Boys and Girls Club BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to waive $3,375 in facility rental fees for the 2012 "Choosing How I Live Life" Community Health Fair sponsored by the St. Lucie County Boys and Girls Club to be held of the Havert L. Fenn Center as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED ( ) OTHER - Approved 4.0 Faye W. Outlaw, MPA County Administrator, ICMA-CM Coo rdination/Signatu res OMB County Attorney ( X 11ky 0 svK Budget Analyst ( ) Daniel McIntyre Marie Gouin �1 --3 Patty Marston Originating Dept. ( X) �� E ward Matthews PRF Division (X) L Manager Mark DiMascio Parks, Recreation and Facilities MEMORANDUM TO: Board of County Commissioners THROUGH: Edward Matthews, Director/�p FROM: Mark DiMascio, Division Manager .4j'�' DATE: July 17", 2012 SUBJECT: Waiver of Havert L. Fenn Center Rental Fees for the 2012 "Choosing How I Live Life" Community Health Fair sponsored by the St. Lucie County Boys and Girls Club ITEM NO. VI-E3 Backaround: The St. Lucie County Boys and Girls Club is requesting to utilize the Havert L. Fenn Center for a one day free community health fair called "Choosing How I Live Life." The Boys and Girls Club of St. Lucie County is a registered 501(c)(3), and the organization and event meet the requirements of the St. Lucie County Facility Use Policy for fee waivers. This health fair will provide health education, services, and advocacy that will promote healthy behavior. The event will address a variety of public safety issues including gang activity, crime with homicide, drug and alcohol influences, and poor health habits. The health fair is scheduled to be held at the Havert L. Fenn Center on September 22, 2012. Healthy Kids of St. Lucie County is requesting that the County waive the facility use fee of $3,375. They will reimburse the County for staffing and equipment fees in the amount of $1,580, as required in the Board policy. Recommendation: Board approval to waive $3,375 in facility rental fees for the 2012 "Choosing How I Live Life" Community Health Fair sponsored by the St. Lucie County Boys and Girls Club to be held at the Havert L. Fenn Center as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. ITEM NO. VI-E4 DATE: 7/17/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY' Mark DiMascio SUBMITTED BY: Parks & Special Facilities Division Manager SUBJECT: Waiver of Havert L. Fenn Center Rental Fees for the 2012 Healthy Kids of St. Lucie County Back to School Expo BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: June 19, 2012 — Board approval of $750 facility use fee waiver for the 2012 Healthy Kids of St. Lucie County Back to School Expo. RECOMMENDATION: Board approval to waive an additional $750 in Facility Use Fees for the 2012 Healthy Kids of St. Lucie County Back to School Expo to be held at the Havert L. Fenn Center as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: 07 APPROVED ( ) OTHER ( ) DENIED Approved 4.0 Coordination/Signatures County Attorney ( X) 7ctis jr o'er Daniel McIntyre K ./V, r Originating Dept. ( X) �p /Edward Matthews CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM OMB Budget Analyst ( ) Marie Gouin Patty Marston PRF Division (X) �--� Manager Mark DiMascio Parks, Recreation and Facilities MEMORANDUM TO: Board of County Commissioners THROUGH: Edward Matthews, Direct�hr FROM: Mark DiMascio, Division Manager@ DATE: July 17, 2012 SUBJECT: Waiver of Havert L. Fenn Center Rental Fees for the 2012 Healthy Kids of St. Lucie County Back to School Expo ITEM NO. VI-E4 Background: At the June 19, 2012 BOCC meeting, a Facility Use Fee waiver request on behalf of the Healthy Kids of St. Lucie County for a rental of the gymnasium at the Fenn Center was approved. Their needs have changed since the June 19 meeting and they are requesting to use multipurpose rooms 1-6, in addition to the gymnasium. The use of the multipurpose rooms will result in additional Facility Use Fees of $750 and additional staffing fees of $144. Healthy Kids of St. Lucie County is a registered 501(c)(3), and the organization and event meet the requirements of the St. Lucie County Facility Use Policy for fee waivers. Healthy Kids of St. Lucie County, Inc. is requesting that the County waive the Facility Use Fee of $750. They will reimburse the County for staffing fees for a custodian in the amount of $144, as required in the Board policy. If this request is approved, the total Facility Use Fees waived for this event will be $1,500 and Healthy Kids of St. Lucie County will pay a total of $920 in staffing fees for the event. Recommendation: Board approval to waive an additional $750 in Facility Use Fees for the 2012 Healthy Kids of St. Lucie County Back to School Expo to be held at the Havert L. Fenn Center as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. TO: SUBMITTED BY: SUBJECT: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS St. Lucie County Sheriff's Office ITEM NO. VI — F1 DATE: 7/17112 REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT / W PRESENTED BY/[/ Toby Long � I Director of Finance & Technology Authorization to accept the 2012 Edward Byrne Memorial Justice Assistance Local Solicitation Grant. BACKGROUND: The St. Lucie County Sheriffs Office is requesting permission to accept the U.S. Department of Justice/Office of Justice Programs/Bureau of Justice Assistance 2012 Edward Byrne Memorial Justice Assistance Local Solicitation Grant. This $60,071.00 grant will be split 50/50 between the Ft. Pierce Police Department ($30,035.50) and the St. Lucie County Sheriffs Office ($30,035.50). The Sheriffs Office will use its funds to purchase new firearms for the SWAT Team. The Fort Pierce Police Department will use its funds to purchase new computer hardware. JAG funds may be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and criminal justice information systems. There are no matching funds required. FUNDS AVAILABLE: 107176-2110-331210-200 Department of Justice PREVIOUS ACTION: May 1, 2012 — Board of County Commission approved to submit the application. RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize the acceptance of the 2012 Edward Byrne Memorial Justice Assistance Local Solicitation Grant in the amount of $60,071.00. Budget Resolution No. 12-136. COMMISSION ACTION: CONCURRENCE: dQ APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director fl;.h Budget Analyst , Dan McIntyre arie Gouin Ct�Ffc� `t e--) Sophia Holt Originating Dept. ( ) (Name) ERD ( ) (Name) St. Lucie County Sheriff's Office MEMORANDUM TO: Board of County Commissioners FROM: Toby Long, Department of Finance & Technology / DATE: July 17, 2012 SUBJECT: Authorization to accept the 2012 Edward Byrne Memorial Justice Assistance Local Solicitation Grant. ITEM NO. VI — F1 Background: The St. Lucie County Sheriffs Office is requesting permission to accept the U.S. Department of Justice/Office of Justice Programs/Bureau of Justice Assistance 2012 Edward Byrne Memorial Justice Assistance Local Solicitation Grant. This $60,071.00 grant will be split 50/50 between the Ft. Pierce Police Department ($30,035.50) and the St. Lucie County Sheriffs Office ($30,035.50). The Sheriffs Office will use its funds to purchase new firearms for the SWAT Team. The Fort Pierce Police Department will use its funds to purchase new computer hardware. JAG funds may be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and criminal justice information systems. There are no matching funds required. Recommendation: Staff recommends that the Board of County Commissioners authorize the acceptance of the 2012 Edward Byrne Memorial Justice Assistance Local Solicitation Grant in the amount of $60,071.00. Budget Resolution No. 12-136. ITEM NO. VI-G1 DATE: 7117112 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, P.kEA�4_ SUBMITTED BY: Public Works/Engineering Division County Engineer IV SUBJECT: Juanita Avenue Bridge BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: October 13, 2009 - Board approval of the Florida Department of Transportation (FDOT) Local Funding Agreement and Resolution 09-302, Memorandum of Agreement pertaining to interest bearing escrow account, Highway Maintenance Memorandum of Agreement and Resolution 09-303 for the construction of the Juanita Avenue Bridge Replacement over Taylor Creek. RECOMMENDATION: Board acceptance of the Juanita Avenue Bridge. COMMISSION ACTION: CONCURRENCE: (� APPROVED ( ) DENIED ( ) OTHER � -�— Approved 4.0 Faye W. Outlaw, MPA County Administrator, ICMA-CM Coord i nation/Signatures County Attorney (x) (`� OMB Director (x) / !I Daniel McIntyre Budget Analyst Marie Go in Originating Dept. ( x ) 1- County Engineer (x) mqt Don' Id West Michael Powley Road & Bridge �y Manager (x) `v % tvy Do ald Pauley Juanita Ave. Bridge acceptance.ag Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director,. FROM: Michael Powley, County Engineer ��Y DATE: July 17, 2012 SUBJECT: Juanita Avenue Bridge ITEM NO. VI-G1 Backaround: The County received $1.4 million in Federal Stimulus money for the replacement of the Juanita Avenue Bridge over Taylor Creek project. However, due to the very tight time line associated with these funds, the County requested FDOT assistance. FDOT agreed and utilizing a Design/Build approach retained Lucas Marine Construction and Florida Bridge and Transportation Consulting Engineers to complete the work. The bridge has been completed. The Land Development Code's one year and 30-day maintenance period has passed with no need for maintenance. Attached is the certification statement from the project's Engineer of Record. (Attachment A). Recommendation: Board acceptance of the Juanita Avenue Bridge AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Administration SUBJECT: Mid -Year Organizational Changes BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Various Funds PREVIOUS ACTION: N/A ITEM NO. VI-H DATE: 7/17112 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Faye W. Outlaw, MP County Administr tor, IC A -CM RECOMMENDATION: Board approval of the following: • Establishment of the Tourism and Venues Division in the Parks, Recreation & Facilities Dept. • Tourism and Venues Division staffing plan. • Realignment of the Parks North and South Divisions into the Regional Parks & Stadiums Division and the Parks & Special Facilities Division. • Creation of a Recreation Supervisor III position within the Parks & Special Facilities Division. • Road & Bridge staffing plan which includes elimination of two positions and reclassification of two positions. • Information Technology management staffing plan which includes elimination of two positions and creation of an Assistant IT Manager position. COMMISSION ACTION: CONCURRENCE: (� APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney (X) 9.%�, Daniel McIntyre Originating (X) Dept. Faye W. Outlaw, MPA OMB Director X r ( ) Budget Analyst Marie Gouin Human W Resources T ra Raym re TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Office of Management & Budget/Grants ITEM NO. VI-11 DATE: 7/17/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Glenn Henderson7J4f� Senior Grants Writer Solar and Energy Loan Fund of St. Lucie County Inc. Contract Amendment See attached memorandum. PREVIOUS ACTION: December 8, 2009 — Board approval to submit grant application. September 14, 2010 — Board acceptance of grant contract with the Department of Energy. October 26, 2010 — Board acceptance of Budget Resolution No. 10-261. RECOMMENDATION: Board authorization to submit a grant contract amendment to the Solar and Energy Loan Fund of St. Lucie County Inc. for the Clean Energy Program Grant and Board authorization to have the Chairman sign the required documents, as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( APPROVED ( ) DENIED _ OTHER Approved 4.0 Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney (X) Management & (X) }� of a. omn Budget Director Danielniel McIntyre Marie M. Gouin Budget Analyst (X) WWI — Patty M4rston Office of Management and Budget/Grants Division MEMORANDUM TO: Board of County Commissioners THROUGH: Marie M. Gouin Management & BudgeW ctor FROM: Glenn Henderson 9({k Senior Grants Writer DATE: July 17, 2012 SUBJECT: Solar and Energy Loan Fund of St. Lucie County Inc. Contract Amendment ITEM NO: VI-11 Background: St. Lucie County created the Solar and Energy Loan Fund of St. Lucie Inc. (SELF) in 2010 with the goal of increasing consumer access to Clean Energy enhancements through energy -focused education and favorable financial terms. A $2,941,500 Energy Efficiency and Conservation Grant Fund (EECBG) grant from the U.S. Department of Energy (DOE) enabled SELF to initiate the Clean Energy Loan Program, which offers loans to reduce property owners' energy consumption, save money, boost property values and improve residents' quality of life. Within 14 months of issuing its first loan, SELF has closed more than 100 loans totaling nearly $1 million. Energy auditors hired through the Clean Energy Loan Program have assessed more than 1 million square feet of residential property in St. Lucie County. The low -interest, no -money -down loans are giving property owners the ability to install energy enhancements such as high -efficiency air -conditioners, insulation, doors and windows, and to add renewable energy technologies such as solar hot water heaters and solar photovoltaic panels. SELF, which has been certified as a 501(c)3 institution, is making plans to continue its operations once the EECBG grant term expires in September 2013. To achieve sustainability, SELF has determined it needs to expand services into Martin, Indian River and Okeechobee counties. This would help the nonprofit attract new funding for loans and operating costs needed for the Clean Energy Loan Program to continue. Additionally, SELF has long-range plans to expand into other areas of the State, but those efforts are outside the scope of the EECBG grant. SELF would not use existing loan funds from the EECBG grant to provide loans in the expanded areas. These are being spent entirely in St. Lucie County. Instead, SELF is working to cultivate funding from new sources to create a loan pool for areas outside of the County. In order to approve the expansion plans, DOE requires that the County provide approval for the expansion plans in the form of a letter of support signed by the Chairman of the Board of County ITEM NO. VI-12 DATE: 07/17/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin to SUBMITTED BY: Office of Management & Budget/Purchasing Director I r SUBJECT: Request for Qualifications (RFQ) No. 12-010, Professional Engineering Services — Port Engineering BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140001-4310-531000-400 Professional Services PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the short-listed firms for Professional Engineering Services — Port Engineering and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chairman to sign the documents as prepared by the County Attorney. COMMISSION ACTION: (>Q APPROVED ( ) DENIED ( ) OTHER Approved 4-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney ( X) m oaf Budget Analyst ( X ) Dan McIntyre I'(---Ez,f How Purchasing ( X) Public Works ( X ) Desiree Cimino Patty 1 1,arston 'hAkA Ion West Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioner FROM: Marie M. Gouin, Director m DATE: July 17, 2012 SUBJECT: Request for Qualifications (RFQ) No. 12-010, Professional Engineering Services — Port Engineering ITEM NO. VI-12 Backaround: On February 8, 2012, responses to RFQ No. 12-010, Professional Engineering Services — Port Engineering, were opened. Five proposals were received; 724 companies were notified and 101 RFQ documents were distributed. Upon selection of the most qualified firms, the consultant will assist in maritime and port related activities including but not limited to, providing professional consulting services for engineering, planning, surveying, architecture and port management, including operations, finance, forecasting and market development. On June 18, 2012, the selection committee evaluated and ranked the proposals that were received. The committee members' scores and ranking for each firm are provided in Attachment A. The short-listed firms in order of ranking are as follows 1. AECOM USA — Fort Pierce, Florida (satellite office) 2. Taylor Engineering, Inc. —West Palm Beach, Florida 3. Tetra Tech, Inc. — Boynton Beach, Florida 4. Dredging & Marine Consultants, LLC — Port St. Lucie, Florida (satellite office) Recommendation: Board approval of the short-listed firms for Professional Engineering Services — Port Engineering and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chairman to sign the documents as prepared by the County Attorney. ITEM NO. VI-13 DATE: 07/17/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY Marie M. GouinM SUBMITTED BY: Office of Management & Budget/Purchasing Director I " SUBJECT: Bid No. 12-026, Transportation and Disposal of Landfill Leachate BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 401-3410-534000-300 Other Contractual Services PREVIOUS ACTION: N/A ( X) RECOMMENDATION: Board approval to award Bid No. 12-026, Transportation and Disposal of Landfill Leachate, to Okeechobee Landfill/Waste Management, Inc of Okeechobee and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (5,) APPROVED ( ) DENIED ( ) OTHER-� Approved 4-0 Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Sip natures OMB County Attorney (X) 76 oTPA BudgWD et Analyst (X ) Dan McIntyre Patt Marston-D,uva/ Purchasing (X) Public Works (X) lri Desiree Cimino Don We on Roberts Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Management & Budget Director Mo DATE: July 17, 2012 SUBJECT: Bid No. 12-026, Transportation and Disposal of Landfill Leachate ITEM NO. VI-13 Background: On June 6, 2012, submittals to Bid No. 12-026 for Transportation and Disposal of Landfill Leachate were opened. Five submittals were received; 402 companies were notified and 19 documents were distributed. Bid No. 12-026 was bid in accordance with Local Preference Ordinance No. 09-005. The purpose of this bid is to establish a contract to pump, load, transport and dispose of landfill leachate at a DEP permitted facility at volumes up to 50,000 gallons per day. Solid Waste's current hauling is approximately 24,000 gallons per day. Recommendation: Board approval to award Bid No. 12-026, Transportation and Disposal of Landfill Leachate, to Okeechobee Landfill/Waste Management, Inc of Okeechobee and authorization for the Chairman to sign documents as approved by the County Attorney. AGENDA REQUEST ITEM NO. VI-14 DATE: 07/17/12 REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:` Marie M. Gouin Yy } SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Bid No. 12-028, Heavy Equipment Parts and Repair Services BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Various Department Operational Budgets PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to award Bid No. 12-028, pricing contracts for heavy equipment parts and repair services, to the lowest responsive and responsible bidders, Cason's Auto & Truck of Fort Pierce, Hickman's Brake & Alignment Service, Inc of Fort Pierce, Hino of Fort Pierce, Palm Truck Centers of Fort Pierce, Total Truck Parts, Inc of Fort Pierce and Yavorsky's Truck Service of Fort Pierce, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: (f APPROVED ( ) DENIED O OTHER Approved 4.0 Coordination/Sianatu res OMB County Attorney (X) 17h Dro, Budget Analyst Dan McIntyre Purchasing ( X) \�x� Public Works Desiree Cimino CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM (X) MqDonjP stauley Ron Roberts Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Management & Budget Director i DATE: July 17, 2012 SUBJECT: Bid No. 12-028, Heavy Equipment Parts and Repair Services ITEM NO. VI-14 Backaround: On June 13, 2012, submittals to Bid No. 12-028, Heavy Equipment Parts and Repair Services, were opened. Eight submittals were received; 148 companies were notified and 20 documents were distributed. Staff recommends awarding to the lowest responsive, responsible bidders, Cason's Auto & Truck of Fort Pierce, Hickman's Brake & Alignment Service, Inc of Fort Pierce, HIND of Fort Pierce, Palm Truck Centers of Fort Pierce, Total Truck Parts, Inc of Fort Pierce and Yavorsky's Truck Service of Fort Pierce. Bid No. 11-026 was bid in accordance with Local Preference Ordinance No. 09-005. The successful bidder's shall provide St. Lucie County with heavy equipment parts and repair services on an "as -needed" basis for the term of the agreement. Award is based on bidders providing a percentage off list price for parts, hourly labor rate, and a service facility located within 25-miles of St. Lucie County. All bidders are recommended for award with the exception of Kelly Tractor Company and Menzi USA Sales, Inc. who did not provide a percentage off list price for parts and do not have a service facility within 25-miles of St. Lucie County. Recommendation: Board approval to award Bid No. 12-028, pricing contracts for heavy equipment parts and repair services, to the lowest responsive and responsible bidders, Cason's Auto & Truck of Fort Pierce, Hickman's Brake & Alignment Service, Inc of Fort Pierce, Hino of Fort Pierce, Palm Truck Centers of Fort Pierce, Total Truck Parts, Inc of Fort Pierce and Yavorsky's Truck Service of Fort Pierce, and authorization for the Chairman to sign documents as approved by the County Attorney. AGENDA REQUEST ITEM NO. VI-J DATE: 07/17/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Daniel J. Lutzke SUBMITTED BY: Human Resources/Risk Management Risk & Benefits Mara ge SUBJECT: CORIZON Health, Inc. Inmate HIV Medications Invoice for May, 2012. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval) PREVIOUS ACTION: See attached memorandum. (X) RECOMMENDATION: Board authorization for payment of CORIZON Health, Inc. invoice number CZN000011290 for Inmate HIV medications for the FY-2012 period of May 01, 2012 through May 31, 2012, in the amount of $38,848.83. COMMISSION ACTION: (>C) APPROVED ( ) ( ) OTHER Approved 4.0 County Attorney (X) Originating Dept. ( X ) CONCURRENCE: DENIED Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures OMB Director Budget Analyst ERD (X) id fl �` �� (Marie Gouin) (Name) Human Resources Department Risk & Benefits Management ll IJ • : _ ► s II TO: Board of County Commissioners THROUGH: Tara Raymore, Human Resources Directory/�/�, FROM: Daniel J. Lutzke, Risk & Benefits Manager DATE: July 17, 2012 SUBJECT: CORIZON Health, Inc. Inmate HIV Medications Invoice for May, 2012. ITEM NO. VI-J 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 CZN000011290 (Attachment A) in the amount of $38,848.83 and is requesting reimbursement from the County for May 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. Inmate HIV medication costs for FY-2012, including the attached invoice, now totals $349,300.98. 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. February 21, 2012 — BOCC Approved payment of December FY-2012 HIV Invoice of $40,409.45. March 06, 2012 — BOCC Approved payment of January FY-2012 HIV Invoice of $48,459.32. April 17, 2012 — BOCC Approved payment of February FY-2012 HIV Invoice of $35,002.02. May 15, 2012 — BOCC Approved payment of March FY-2012 HIV Invoice of $41,665.04. June 19, 2012 — BOCC Approved payment of April FY-2012 HIV Invoice of $43,162.42. Recommendation Board authorization for payment of CORIZON Health, Inc. invoice number CZN000011290 for Inmate HIV medications for the FY-2012 period of May 01, 2012 through May 31, 2012, in the amount of $38,848,83. AGENDA REQUEST TO: BOARD OF COUNTY ITEM NO. VII-A DATE: July 17, 2012 REGULAR[] PUBLIC HEARING [ x ] CONSENT[ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Barbieri Assistant County Attorney SUBJECT: Code Enforcement Case No. 67846 -116 Harris Street, Fort Pierce, FL - Excessive Overgrowth of grass and weeds BACKGROUND: See attached memorandum CA 12-0744. PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board authorize a 30 day notice be sent to the Property owner ordering them to mow and maintain the entire property for excessive overgrowth of grass or St. Lucie County will have it abated and place a lien on the Property. COMMISSION ACTION: [ ] APPROVED [ ] DENIED j?E] OTHER:_ — Pulled Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals [X] County Attorney: [X] Planning & Development Services Director Daniel S. McIntyre Mark Satterlee AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Environmental Resources Department Environmental Regulations and Lands Division SUBJECT: Shoreline Variance Request —Daniel Harrell BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A ITEM NO. VII-B DATE: 7117112 REGULAR ( ) PUBLIC HEARING ( x ) LEG. ( ) QUASWD ( x ) CONSENT ( ) PRESENTED Benjamin Balcerer Senior Environme Planner RECOMMENDATION: Board approval of Resolution 12-018, granting a shoreline variance, in accordance with Section 10.01.30 of the St. Lucie County Land Development Code, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: () APPROVED ( ) DENIED ( ) OTHER Approved 4.0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attomey . ( x) D Dc'i County Surveyor (x) Daniel S. McIntyre Ron Harris County Engineer ( x ) Planning & ( x) Development (V(V Services Michael Powley Mark Satterlee Originafing DepL (x) / Karen Smith Environmental Resources Department MEMORANDUM TO: Board of County Commissioners THROUGH: Karen L. Smith, Environmental Resources Department Director FROM: Benjamin Balcer, Senior Environmental Planner Amy Griffin, Environmental Regulations and Lan s anager DATE: July 17, 2012 SUBJECT: Shoreline Variance Request — Daniel Harrell ITEM NO. VII-B The purpose of this memorandum is to provide background information, findings and standards of review to accompany a request for Board approval of Resolution 12-018, granting a shoreline variance from the Land Development Code (LDC) St. Lucie River Shoreline Development Regulations (Section 6.02.02(B)(2)(a)). The LDC states, "No development activity or shoreline alteration is permitted along the St Lucie River unless a variance is granted by the Board of County Commissioners" (Section 10.01,30). Background The Harrell property is located at 741 SE Hidden River Drive and consists of 0.51-acres with a single family residence along the St. Lucie River. The residence was constructed in 1980 and is bordered by the St. Lucie River to the east-northeast. The applicant proposes to construct a seawall, along 100 linear feet of shoreline which would tie into an existing seawall on the south side of the property. The parcel to the north of the property is currently undeveloped and highly vegetated. There is an existing wood dock and a boatlift on the subject property. The shoreline is severely eroded with the loss of approximately three (3) feet of land that has sloughed into the river. The cause of the erosion appears to be a combination of factors. Human activity, in the form of the existing seawall to the south and boat traffic, has accelerated the erosion process. The location of the property on the outer bend of the river has exacerbated the erosion due to the greater inertial force of the water. Findings The variance request is from Section 6.02.02.B of the LDC which requires setbacks from the shoreline of the St. Lucie River. Specifically, the LDC states "No development activity or shoreline alteration, including alteration of native vegetation and habitat, shall be permitted within 50 feet of the mean high water line on lots platted prior to August 1, 1989". Comprehensive Plan Policy also requires a minimum 50-foot native upland buffer within the setback (Comprehensive Plan Policies ITEM NO. DATE: VII-C 07/17/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( X ) LEG. ( ) QUASI -JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jennifer Hill SUBMITTED BY: Office of Management & Budget/Budget Budget? ager SUBJECT: Amendment to the fiscal year 2011-2012 budget BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Budget Resolution No. 12-056 amending the fiscal year 2011-2012 budget. COMMISSION ACTION: (X) APPROVED () DENIED () OTHER Approved 4.0 Coordination /Signatures County Attorney (X) Dan McIntyre Originating (X) Department arie Gouin CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM OMB ( ) M3 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Planning and Development Services Department SUBJECT: Rezoning Request — St. Lucie County Utilities BACKGROUND: See attached memorandum. FUNDS AVAILABLE: NIA December 15, 2009 — BOCC granted permission to advertise public hearings. January 21, 2010 — P&Z Commission continued to May 20, 2010. May 20, 2010 - P&Z Commission continued to August 19, 2010. August 19, 2010 — P&Z Commission continued to October 21, 2010. October 21, 2010 — P&Z Commission continued to February 17, 2011. February 17, 2011 — P&Z Commission forwarded recommendation of denial. July 3, 2012 — Board held the first public hearing. ITEM NO. VII-D DATE: 07/17/12 REGULAR ( ) PUBLIC HEARING ( X ) LEG. ( ) QUASI -JD ( X ) CONSENT ( ) PRESENTED BY Linda Pendarvis Planner PREVIOUS ACTION: RECOMMENDATION: Board adoption of Resolution No. 12-013 approving an amendment to the Official Zoning Atlas from AR-1 (Agricultural, Residential - 1 du/ac) to U (Utilities) as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: APPROVED ( ) DENIED O OTHER Approved 4.0 Faye N. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X }IL Daniel S. McIntyre County Enginelr ( X ) Originating Dept. (X ) County Surveyor ERD (X) tW Ron Harris (X) n Smith O Marie Gouin Planning and Development Services Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Kara Wood, Planning Mana�,yg�er �/,►�,� FROM: Linda Pendarvis, Planne`% Planning Division DATE: July 17, 2012 BU137ECT: Rezoning Request St. Lucie County Utilities --- ITEM NO. VII-D St. Lucie County Utilities submitted an application for a change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) to U (Utilities) for 38 acres of land on the east side of Taylor Dairy Road, approximately '/4 mile south of Indrio Road. This rezoning would allow the St. Lucie County Utilities to develop the site for future North County Regional Water and Wastewater Treatment Plants. Background: Land Development Code Section 11.00.03 (B) (2) requires any County -initiated amendment to the Official Zoning Atlas affecting ten contiguous acres or more to be the subject of two advertised public hearings by the Board of County Commissioners. On July 3, 2012, the Board. of County Commissioners held the first public hearing for the subject application and granted authorization to schedule the second public hearing. At the first public hearing two adjacent property owners, Mr. Bennett and Mr. Sinnott requested that the Board deny this rezoning request. The change in zoning will remove the residential density from the subject property as well as provide consistency with the Airport Master Plan, which requires the County to take reasonable action to restrict the use of land near the airport to uses that are compatible with normal airport operations. The 38 acres is located within the adopted Comprehensive Plan's Airport Mixed Use Specific Use Activity Area which is reserved for Commercial and Industrial uses, and the proposed Utility zoning is consistent with these uses. The proposed change in zoning does not in any way approve the construction of the water and wastewater treatment facility. If the change in zoning is approved, the future development of the plant will still undergo a thorough site plan review and potential impacts to surrounding properties will -be specifically analyzed at that time--As-is-standardpractice-for-devetopment_of_Utilities sites, ITEM NO. VIII 4 a AGENDA REQUEST DATE: 7/17112 REGULAR (X) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Donald B. West SUBMITTED BY: Public Works Administration Public Works Dir for SUBJECT: Port Master Plan Update Phase 1 Report BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board acceptance of the Port Master Plan Update Phase 1 Report. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 4-0 CONCURRENCE: Faye W. Outlaw, MPA, ICMA-CM County Administrator Coordination/Signatures County Attorney ( X) OMB Director ( X ) Budget Analyst Daniel McIntyre kF— y� ._, Originating Dept. (X) ERD (Donalp B. West, P.E. Director of Planning & 140 Development (X) Mark Satterlee, AICP Service Marie Gould ( ) Karen Smith Public Works Administration TO: Board of County Commissioners FROM: Donald B. West, Public Works Director DATE: July 17, 2012 SUBJECT: Port Master Plan Update Phase 1 Report ITEM NO. VIII Background: The Florida Department of Transportation (FDOT) has offered to assist the City and the County in updating our Port Master Plan. Our current Port Master Plan needs to be updated to include new components as required under State laws. In 2011, the State legislature passed HB 399 "Infrastructure Investment", related to Florida's 14 public deep water seaports. The bill requires each port to create a "strategic plan" with a 10-year planning horizon. Each strategic plan must include the following basic components: 1) An economic development component that identifies targeted business opportunities. 2) An infrastructure development and improvement component with a strategic fiscal plan for capital improvements. 3) A component that identifies all intermodal transportation facilities, including potential linkages to air, sea, rail or roadway facilities. 4) A component that identifies physical, environmental and regulatory barriers for achievement of the plan goals. 5) An intergovernmental coordination element that specifies modes and methods to coordinate master plan goals and objectives with the missions of the State FDOT, other state agencies and local governments. Our Current Port Master Plan does not include the components that are required in the strategic plan. The County will be required to update our master plan with or without the assistance of the FDOT. The Florida Seaport Transportation and Economic Development Council (FSTED) is required to review the completed plan and prioritize strategic needs for inclusion in the statewide Florida Seaport Mission Plan. This process is intended to provide the necessary funding mechanism to assist the Ports in achieving their master plan goals and objectives. As part of the updating process, FDOT completed a Phase 1 Study to explore market opportunities that could result from increased seaport infrastructure investment. Additionally, the Phase 1 Study explored the willingness of the community to engage in a collaborative effort to update the Port Master Plan. iFiff� k * DATE: AGENDA REQUEST REGULAR TO: MOSQUITO CONTROL BOARD SUBMITTED BY: Mosquito Control & Coastal Management Services SUBJECT: Donation from Frances K. Sweet Magnet School BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 145-6230-366900-6916 Donations PREVIOUS ACTION: N/A IffifirliK PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: James R. David Director RECOMMENDATION: Board acceptance of $500 donation from Frances K. Sweet Magnet School for use on sea turtle projects, approval of Budget Resolution 12-003 and authorization for Chairman to sign the resolution, as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 4-0 County Attorney ( —)" Originating Dept. ( 0 Coordination/Signatures t� Daniel S. McIntyre JamPs�-R. David CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM OMB/Purchasing 0-1 i Director Budget Analyst Marie Gouin Patty Marston Other ( ) Mosquito Control TO: Mosquito Control Board FROM: James R. David, Mosquito Control & Coastal Management Services Director jk�l DATE: June 22, 2012 SUBJECT: Donation from Frances K. Sweet Magnet School ITEM NO. III-B Background: The Frances K. Sweet Magnet School has donated $500 towards County sea turtle projects. The funds are proposed to be used for informational and beach clean-up materials. Recommendation Board acceptance of a $500 donation from Frances K. Sweet Magnet School for use on sea turtle projects, approval of Budget Resolution 12-003 and authorization for Chairman to sign the resolution, as approved by the County Attorney. .,__- 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. INVOCATION -PLEDGE - To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. 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 gbr 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. July 17, 2012 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st•lucie.fl.us www.stlucieco.org rtiiiiirrrrrririi�i`rriiirrriiiiifitiriiiriirririrVrrriitirrt'ritiii(rirrirriiiiriarriii Tod Mowery, Chairman District No. 2 Paula A. Lewis, Vice Chairman District No. 3 Frannie Hutchinson District No. 4 Chris Craft District No. 5 INVOCATION it. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the July 3, 2012 regular meeting. IV. PROCLAMATIONS/PRESENTATIONS A. There are no proclamations/presentations scheduled for July 17, 2012, V. GENERAL PUBLIC COMMENT VI. CONSENTAGENDA A. WARRANTS Approve warrant list No. 41 and 42. B. COUNTYATTORNEY Ordinance No.12-015 — Refueling Assistance for Persons with Disabilities; Permission to Advertise Consider staff recommendation to grant permission to advertise Ordinance No.12-015 for a public hearing on August 7, 2012, at 6:00 p.m. or as soon thereafter as the matter may be heard. 2. State of Florida Department of Transportation — County Incentive Grant Program Agreement — City of Port St. Lucie — Recession at the Request of the City Consider staff recommendation to adopt Resolution No. 12-0137 rescinding Resolution No.12-092. 3. Permission to Advertise - Ordinance No. 12-015 — Amending the Code of Ordinances of St. Lucie County, Florida, by Adjusting the Fees for Rotating Boom Consider staff recommendation to grant permission to advertise Ordinance No. 12-016 for a public hearing before the Board of County Commissioners on September 4, 2012 beginning at 6:00 p.m. or as soon thereafter as may be heard. C. HOUSING & COMMUNITY SERVICES Housing Division: 1. Neighborhood Stabilization Program 3 (NSP3) Consider staff recommendation to approve to enter into a contract with M.W. Patrick for the rehabilitation of 5612 Palmetto Drive under the St. Lucie County NSP3 grant, as outlined in the agenda memorandum; and authorize the Chairman to sign documents as approved by the County Attorney, 2. Budget Resolution No. 12-139 — 10th Street — IV Street Roadway Reconstruction Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Consider staff recommendation to approve Budget Resolution No. 12-139, as outlined in the agenda memorandum; and authorize the Chairman to sign documents as approved by the County Attorney. Community Services Division: 3. Budget Resolution 12-141 —Community Services Block Grant (CSBG) FYI Consider staff recommendation to accept the FY13 CSBG grant, Budget Resolution No. 12-141 and authorize the Chairman to sign documents as approved by the County Attorney. D. PLANNING & DEVELOPMENT SERVICES Airport Division: 1. Wildlife Hazard Assessment Grant - Federal Aviation Administration (FAA) Consider staff recommendation to accept the FAA Grant Offer (Project Number 3-12- 0023-033-2012) in the amount of $123,342 for the Wildlife Hazard Assessment, approval of Budget Resolution No. 12-134, and authorize the Chairman to sign documents as approved by the County Attorney. 2. Wildlife Hazard Assessment Grant - Department of Transportation (FDOT) Consider staff recommendation to approve Resolution No.12-132 accepting FDOT JPA in the amount of $6,852 for the Wildlife Hazard Assessment, and authorize the Chairman to sign documents as approved by the County Attorney. 3. Taxiway A & B Rehabilitation; Final Change Order Consider staff recommendation to approve Change Order No. 2 for Ranger Construction and permission to transfer funds in the amount of $73,187.86 as outlined in the agenda memorandum, and authorize the Chairman to sign documents as approved by the County Attorney. 4. Airport Business & Marketing Plan Grant — FDOT Consider staff recommendation to approve Resolution No. 12-131 accepting an FDOT JPA in the amount of $400,000 for the Strategic Business, Marketing, and GIS Survey Plan, and authorize the Chairman to sign documents as approved by the County Attorney, 5. Final Plat Approval — DrawdySubdivision Consider staff recommendation to approve the final plat for Drawdy Subdivision and authorize the Chairman to sign documents as approved by the County Attorney. E. PARKS. RECREATION & FACILITIES Facilities Division: 1. Public Defender HVAC Chilled Water Conversion Funding Consider staff recommendation to approve to consolidate project funding for the re -bid of the Public Defender HVAC Chilled Water Conversion as outlined in the agenda memorandum. Parks and Special Facilities: 2. Budget Resolution No.12-133 — Pepper Park Donation Consider staff recommendation to approve Budget Resolution No. 12-133 to accept Charles E. Ray's donation in the amount of $250 to be utilized to provide a new bike rack at Pepper Park as outlined in the agenda memorandum, and authorize the Chairman to sign documents as approved by the County Attorney. 3. Waiver of Havert L. Fenn Center Rental Fees for the 2012 "Choosing How I Live Life" Community Health Fair sponsored by the St. Lucie County Boys and Girls Club Consider staff recommendation to approve to waive $3,375 in facility rental fees for the 2012 "Choosing How I Live Life" Community Health Fair Sponsored by the St. Lucie County Boys and Girls Club to be held at the Havert L. Fenn Center as outlined in the agenda memorandum and authorize the Chairman to sign documents as approved by the County Attorney. Parks and Special Facilities 4. Waiver of Havant L. Fenn Center Rental Fees for the 2012 Healthy Kids of St. Lucie County Back to School Expo Consider staff recommendation to approve to waive an additional $750 in Facility Use Fees for the 2012 Healthy Kids of St. Lucie County Back to School Expo to be held at the Havert L. Fenn Center as outlined in the agenda memorandum and authorize the Chairman to sign documents as approved by the County Attorney. F. SHERIFF'S OFFICE Authorization to accept the 2012 Edward Byrne Memorial Justice Assistance Local Solicitation Grant Consider staff recommendation to authorize the acceptance of the 2012 Edward Byrne Memorial Justice Assistance Local Solicitation Grant in the amount of $60,071. Budget Resolution No. 12- 136. G. PUBLIC WORKS Engineering Division: Juanita Avenue Bridge Consider staff recommendation to accept the Juanita Avenue Bridge. H. ADMINISTRATION Mid -Year Organizational Changes Board approval of the following: • Establishment of the Tourism and Venues Division in the Parks, Recreation & Facilities Dept. • Tourism and Venues Division staffing plan. • Realignment of the Parks North and South Divisions into the Regional Parks & Stadiums Division and the Parks & Special Facilities Division. • Creation of a Recreation Supervisor III position within the Parks & Special Facilities Division. • Road & Bridge staffing plan which includes elimination of two positions and reclassification of two positions. • Information Technology management staffing plan which includes elimination of two positions and creation of an Assistant IT Manager position. OFFICE OF MANAGEMENT, BUDGET & GRANTS Grants Division: 1. Solar and Energy Loan Fund of St. Lucie County Inc. Contract Amendment Consider staff recommendation to submit a grant contract amendment to the Solar and Energy Loan Fund of St. Lucie County Inc. for the Clean Energy Program Grant and Board authorize the Chairman sign the required documents, as approved by the County Attorney. Purchasing Division: 2. Request for Qualifications (RFQ) No. 12-010, Professional Engineering Services — Port Engineering 3. Consider staff recommendation to approve the short-listed firms for Professional Engineering Services — Port Engineering and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-listed firm and authorize the Chairman to sign the documents as prepared by the County Attorney. Bid No.12-026, Transportation and Disposal of Landfill Leachate Consider staff recommendation to award Bid No. 12-026, Transportation and Disposal of Landfill Leachate, to Okeechobee Landfill/Waste Management, Inc. of Okeechobee and authorize the Chairman to sign documents as approved by the County Attorney. 4. Bid No.12-028, Heavy Equipment Parts and Repair Services Consider staff recommendation to approve to award Bid No. 12-028, pricing contracts for heavy equipment parts and repair services, to the lowest responsive and responsible bidders, Cason's Auto & Truck of Fort Pierce, Hickman's Brake & Alignment Service, Inc. of Fort Pierce, Hino of Fort Pierce, Palm Truck Centers of Fort Pierce, Total Truck Parts, Inc, of Fort Pierce and Yavorsky's Truck Service of Fort Pierce, and authorize the Chairman to sign documents as approved by the County Attorney. J. HUMAN RESOURCES CORIZON Health, Inc. Inmate HIV Medications Invoice for May, 2012, Consider staff recommendation to authorize payment of CORIZON Health, Inc. invoice number CZN000011290 for Inmate HIV medications for the FY-2012 period of May 01, 2012 through May 31, 2012, in the amount of $38,848.83. VII. PUBLIC HEARINGS A. COUNTYATTORNEY Code Enforcement Case No. 67846 —116 Harris Street, Fort Pierce, FL— Excessive Overgrowth of grass and weeds Consider staff recommendation to authorize a 30 day notice be sent to the Property owner ordering them to mow and maintain the entire property for excessive overgrowth of grass or St. Lucie County will have it abated and place a lien on the Property. B. ENVIRONMENTAL RESOURCES Shoreline Variance Request— Daniel Harrell Consider staff recommendation to approve Resolution No.12-018, granting a shoreline variance, in accordance with Section 10.0130 of the St. Lucie County Land Development Code, and authorize the Chairman to sign documents as approved by the County Attorney. C. OFFICE OF MANAGEMENT, BUDGET & GRANTS Amendment to the fiscal year 2011-2012 budget Consider staff recommendation to approve Budget Resolution No.12-056 amending the fiscal year 2011-2012 budget. D. PLANNING & DEVELOPMENT SERVICES Planning Division: Rezoning Request— St. Lucie County Utilities Consider staff recommendation to adopt Resolution No. 12-013 approving an amendment to the Official Zoning Atlas from AR-1 (Agricultural, Residential —1 du/ac) to U (Utilities) as outlined in the agenda memorandum. REGULAR AGENDA VIII, PUBLIC WORKS Administration: Port Master Plan Update Phase 1 Report Consider staff recommendation to accept the Port Master Plan Update Phase 1 Report. IX. ANNOUNCEMENTS The Board of County Commissioners will hold Budget Workshops on July 17t^ — July 201^ in Conference Room #3 located at 2300 Virginia Avenue, Fort Pierce, FL on the third floor of the Roger Poitras Administration Annex. 2. The Board of County Commissioners will hold a Special Board meeting to approve the proposed millage rates following the Budget Wrap-up on July 20, 2012 at 1:30 p.m. or as soon thereafter as possible. 3. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, August 14, 2012 at 9:00 a.m. in Conference Room #3. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-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-elght (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT www.co.st•lucie.fl.us www.stlucieco.org Tod Mowery, Chairman District No. 2 Paula A. Lewis, Vice Chair District No. 3 Frannie Hutchinson District No. 4 Chris Craft District No. 5 MINUTES Approve the minutes from the June 19, 2012 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 38, 40, 41 and 42. B. MOSQUITO CONTROL & COASTAL MANAGEMENT SERVICES Donation from Frances K. Sweet Magnet School Consider staff recommendation to accept $500 donation from Frances K. Sweet Magnet School for use on sea turtle projects, approval of Budget Resolution No. 12-003 and authorize the Chairman to sign the resolution, 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. EROSION DISTRICT www.co.st-lucie.fl.us www.stiucieco.org rid'fi'tiiufumuYuiiiiiiitnfiti�u5iinn'iiiniumnfmYtiUiiriunntiuni'iirSS�Viiirilftiiifiiiiiiiitdfwmilitil'iuYfotiniintiti�fYimhtYtYt>`ol�uiitoiift`nutui111titirti�t`ioti�in`i Frannie Hutchinson, Chair District No. 4 Tod Mowery, Vice Chairman District No. 2 Paula A. Lewis District No. 3 Chris Craft District No. 5 �iiinu0nhitiuiiiitTihnoinuiitniininninYiudh'tulruumuniuYu"iuuurntlmiititi'tiinitfiliuYoiiiaiiluin`1�iiuYttiinuinunulntiiioiiunimnnull'tiiiitinuriit7Yif1 MINUTES Approve the minutes from the June 19, 2012 meeting. IL GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 38, 40, 41 and 42. 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. ENVIRONMENTAL CONTROL BOARD www.co.st-luele.fl.us www.stlucieco.ora Chris Craft, Chairman District No. 5 Paula A. Lewis, Vice Chairman District No. 3 Tod Mowery District No. 2 Frannie Hutchinson District No. 4 MINUTES Approve the minutes from the January 17, 2012 meeting. II. GENERAL PUBLIC COMMENT 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. SUSTAINABILITY DISTRICT www.co.st-lucle.fl.us www.stiucleco.org fmiiiiumtnfuuiitiiiiinitounfliiiuiiuunttulniitiiitiimnnWfmYiltltimfifilitifiin'nififf)fiYiirilitiuunniitniliuw(liiiiiiiiliiniitunniitniniu�ni�'oifudliiiniiiiil'it Paula A. Lewis, Chairman District No. 3 Chris Craft, Vice Chairman District No. 5 Tod Mowery District No. 2 Frannie Hutchinson District No. 4 �iifiiilioinunmiTiiiYiiunnuuniiiiiiio'iiiuufitnnfiul`iuihiu`iri7nfuiniuunnufili`itio`otntttufuiiiiim5"Outil`ititifimiiulltifuuuuituiiiufnunYnfi`n'iiiiifitfuniifitn MINUTES Approve the minutes from the July 3, 2012 meeting. II. GENERAL PUBLIC COMMENT 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: July 3, 2012 Convened: 6:00 p.m. Adjourned: 6:45 p.m. Commissioners Present: Chairman, Tod Mowery, Chris Craft, Paula A. Lewis, Frannie Hutchinson Others Present: Faye Outlaw, County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Lauri Waldie, Utilities Director, Beth Ryder, Community Services Director, Mark Satterlee, Planning/Services Director, Mille Delgado -Feliciano, Deputy Clerk and Kelly Phelan, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the June 119, 2012 meeting It was moved by Com. Craft, seconded by Com. Lewis, to approve the minutes of the meeting held on June 19, 2012, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 12-126 — Proclaiming the week of July 16, 2012 as "Treasure Coast Waterway Cleanup Week' in St. Lucie County, Florida Consider staff recommendation to adopt Resolution No. 12-126 as drafted. It was moved by Com. Craft and seconded by Com. Hutchinson to approve Resolution No. 12-126, and; upon roll call, motion carried unanimously. Mark McGee, St. Lucie Marine Resources Department, was present to accept the proclamation. B. Resolution No. 12-138 — Proclaiming the month of July 2012 as "Marine Debris Removal Month" in St. Lucie County, Florida Consider staff recommendation to adopt Resolution No. 12-138 as drafted. It was moved by Com. Hutchinson and seconded by Com. Craft to approve Resolution No. 12-138, and; upon roll call, motion carried unanimously. 1 z •laed luawdolanaa pue goaeasaa 'uolleonP3 lseo:) ainseaal aql jol (jllll) punj lsnal luawanoadwl leuialul aql jo saalsnal aql woa} luawasea pasodoad aql 2ulidaooe 6ZT-ZT 'ON uollnlosaa pas'odoad paldope paeog aql luawanoidwl ssaooy pue ssaooy ueplsapad'sallwin joj luawase3 (jllll) punj lsnal luawanoidwl leuialul aql jo saalsmI aulldaooy 6ZT-ZT 'ON uollnlosab — laed goaeasaa pue luawdolanad 'uolleonp3 lseo� aanseaal z •asealgns aql aoj 2ulpunj jo Allygeyeneun aql of anp aollou Aep (0£) A:ulgl uodn •oul 'lseo:) ainseaal aql jo aalua:) luawleaal pue goaeasaa S(3cy aql 4llnn luawaaaay asealgnS aql jo uolleulwaal aql panoadde paeog aq I 'oul 'iseo0 ainseaal aql jo aalua:) wowleaal pue goaeasaa Saw aql ql!m luawaaaay asealgnS jo uolleulwaal- luaw:wedad glleaH Aluno:) along -IS 'T A3Na011'd A1Nn0D •g 'Ob pue SE'ON lsll lueaaenn panoadde paeog aql Ob pue 8£'oN 1s11 IUeJJeM anoaddy S1NV"VM V 'papuawe se'Alsnowlueun palaaeo uollow'lleo Iloi uodn `pue'epuady luesuo:) aql anoidde ol'simal •woD Aq papuooas pue uosulgolnH -woo Aq panow Senn ll •Ob'oN lsil luejaeM gjim paoeldai seAA golgm 6£ -ON lsli lueaaeAA of luawpuawe aql passaappe uosulgolnH •woD 'luawAed leUl j uoollealS-tig wall of luawpuawe passaappe Aauao:4V Aluno:) V(1N39'd1N3SN05 'IA •paeog agl}o dlgsaapeal pue luawuaanoE) 'Awouoo3 aql 2ulpieaai paeoq aql passaappe puels, uosulgolnH glnoS 'uossug Aaaal ]40-l00t IIIg0 lenuuy aql jo lioddns ul wall epua2y luasuo:) aql }o lenoadde spaeog aq; aoj sluegl slq passaadxa pue paeoq aql passaappe gn1D asuegox3 ao.aald laoj 'uosn2aaj uegleuor •saaleuew aql jo aulaq-Mann pue Ala}es aql aol uaaouoo slq 2ulpiesai paeoq aql passaappe juaplsaa aoaald lj 'euaay ugol •sanssl leolaoloagoae ale.Spw sluawuaanoa leool dlaq pue swooisselo olul Aaoloagoae 2upq of weiSoid goeaalno aaq 2ulpaesaa paeoq aql passaappe 'laonAlaN A2oloag3ay ollgnd epuolj aql jo aopanQ leuolsaa 'zluaM lagoea a4 MUMINOJ inand IVZ13N39 'A uollewelooid aql ldaooe of luasaid Senn ssoA •lde0 COUNTY ATTORNEY CONTINUED 3. "After the Fact" Revocable License Agreement — David Langley — 3809 South Indian River Drive — Two (2) PVC pipes under Indian River Drive right-of-way The Board approved the "After the Fact" Revocable License Agreement, . authorizing the Chairman to sign the "After the Fact" Revocable License Agreement and directed Mr. Langley to record the document in the Public Records of St. Lucie County, Florida. 4. Straticon Final Payment —Escrow Agreement The Board approved the Escrow Agreement and authorized the Chairman to sign the Agreement. The Board also approved the authorization of the Finance Director to wire the final payment of $294,084.53 to the Escrow Agent pursuant to the terms of the Escrow Agreement. C. PUBLIC WORKS Road & Bridge Division: 1. Computerized Traffic Signal Enhancement The Board approved Budget Resolution No. 12-128 and Resolution No. 12-081 and authorized the Chairman to sign the Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for funds in the amount. of $192,555 to enhance the operation of the County's computerized Traffic Signal System. Engineering Division: 2. St. James Sidewalk— Phase 1 The Board approved to accept St. James Sidewalk Phase 1. D. HOUSING & COMMUNITY SERVICES 1. Hardest Hit Fund (HHF) Revised Contract The Board accepted the HHF Advisor Services revised contract with Florida Housing Finance Corporation; and authorized the Chairman to sign documents as approved by the County Attorney. 2. Neighborhood Stabilization Program 3 (NSP3) Action Plan Modification The Board approved to modify the NSP 3 Action Plan as outlined in the agenda memorandum. 3.. Procedures for Flag display — Memorial Day The Board approved Resolution No. 12-131 establishing the procedures for displaying the flag on Memorial Day, and authorized the Chairman to sign documents as approved by the County Attorney. 3 05 e pue saeaA anti lano paseqd uo!ldwax3 xel waaoleA py ue agn3 aaafoad aaJ}o o; lua;ul }o JaUal a puas o; aoiea;s!u wpy Aiuno:) aqj pazuoq;ne paeog ayl luawl So aai4al — agn01oafoad luawa2eueW Aouaaanouo:) -�? ssau!sng SDIA?13S1N3WdOl3A3473gNINNb'ld •H •Aauaouy Aluno3 aq; Aq panoadde se sivawnoop u2!s of ueuaa!eq:) aye azuoglne pue wnpueaowaw epua2e aye ul pau!llno se lood pooMsuaneb aye ie play aq of aoljoeid so!lenbe iol so!dwA10 le!oadS AlunoO a!onl 'IS JOS Baal lewai Aj!l!oe} ul SZZ$ aanlenn aqj panoadde pjeog ayl so!dwAlO le!oadS Ajunog a!onl 'IS aql ao} saad lelua�l loud poonnsuaneb }o Jan!eM Z •Aauaouy AIuno3 aq; Aq panoadde se sivawnoop u2!s of ueuaneg0 ayl pez!aoglne pue wnpueaowaw epua2e aq, ul pau!llno se aalua0 uuad •l :PaneH aqj le play aq oli;0 joog !I!q0 lenuuy a2uegox3 aaaald IJod ZTOZ a41 ao} saal leluaa A}II!oed ul OOb'Z$ }o aaAlenn ayl panoadde paeog ayl j30-joog 111y3 gnlJ a2ue40x3 aoaald IJod ZTOZ aqj aol saad leIuab aaIua0 uuad •l 4aaneH SO aanleM •T :sall!yoed le!oadS -2 SWd •Aauaojy Aluno:) aql Aq panoadde se sjuawnoop u2!s of ueuaaleg3 aq4 paz!aoqlne pue 00•L09'179$}o junowe a44 aol sexal `selled So x@uoa4m% 'aapplq alq!suodsaa pue anlsuodsaa }saMol aqi o} 'uo!ie}S dwnd paadS algeueA au!ganl leo!;aaA '0£0-ZT 'ON p!9 2u!paenne panoadde paeog aq I uo!je}S dwnd asano:) }log •1 asino:);log S3111lIJtl4'8 NOIld3dDR S)I21Vd 'g •AeuaouV Alunog ayi Aq panoadde se sivawnoop u2is of ueuaa!eyg ayi pazuoyine pue '£LO`8TT$ }o ;unowe aql ul IuawaaISV zuawanoidwl 2u!deospuel aaivag 2upasuno3 a!onl -IS aqj JOS Iseog aanseaal aqj So ao!dsoH of Alains So asealaa a41 panoadde paeog ayl Iuauaaaa2y Iuawanoadual 2u!deospuel ay; aol AjaanS So asealab — jseoD aanseaal aq; }o a:)!dsoH :uoIsIA10 spuel pue suo!;eln2ab leluauauoalAu3 S3J?Jf10S3N lVlN3AN0211AN3 d •aoueis!ssyao!lsnf}oneamg/a: snf}oivaw:weda0•S•0aglAq paaa}}o;ueag aouejs!ssy ua!ly leuluaug ajelS ZTOZ aqj aol uo!leo!ldde o!uoj:pala aql }o uo!ss!uagns ao!}}O s }}laagS AjunoD a!onl *IS aqj panoadde paeog aq I Iueag (dyygS) Wea2ad aoueIslssy ua!ly leuluaug alelS ZTOZ aq} aol uo!;eu!idde a!uoalaala ue 1!wgns of uo!}ez!aoglny 33Idd0 S,JJMHS •3 PLANNING & DEVELOPMENT SERVICES CONTINUED Job Growth Investment Grant (JGIG) in the amount of $18,000 phased over two years ($9,000 per year). VII. PUBLIC HEARINGS A. COUNTYATTORNEY Ordinance No. 12-011—Lot Clean Up Consider staff recommendation to adopt Ordinance No. 12-011 and authorize the Chairman to sign the Ordinance. Assistant County Attorney addressed the Board regarding a modification deleting the $850. Cost of Appeal (Page 10/Section 8A/Line 3). It was moved by Com. Craft and seconded by Com. Lewis, to approve Ordinance No. 12-011, and; upon roll call, motion carried unanimously, as amended. B. PLANNING & DEVELOPMENT SERVICES Village of Sunset Lakes —12-Month Extension Consider staff recommendation to approve Resolution No. 12-021 providing for a 12-month extension for the Village of Sunset Lakes PTV Site Plan, as outlined in the agenda memorandum. Staff addressed the Board and advised that the Petitioner has requested the application be withdrawn. It was moved by Com. Lewis and seconded by Com. Hutchinson, to allow the Petitioners application be withdrawn and; upon roll call, motion carried unanimously. C. PLANNING & DEVELOPMENT SERVICES Rezoning Request —St. Lucie County Utilities Consider staff recommendation to schedule the second required public hearing for an amendment to the Official Zoning Atlas on July 17, 2012 at 9:00 a.m., or as soon thereafter as possible, as outlined in the agenda memorandum. Staff reviewed the history of proposed project and advised the Board of the outcome of the Planning and Zoning meeting. She indicated that the FAA is looking to the County to take action to re -zone the proposed property so the zoning is consistent with Airport uses. Bob Sennett, 4595 Taylor Dairy Road, Ft Pierce advised the board that he and his wife are in opposition to the project. Wayne Bennett, 4555 Taylor Dairy Road, advised the board that he has two homes that would be impacted by the project. He feels the re -zoning will adversely affect his property value and quality of life. He also expressed concern for the native wildlife as well as his artisan well and requests that the Board deny approval for the re -zoning request. 5 E apoo;uawdolana4 pue-i A;uno:) along -IS aqa 10 O£•10.OT uolaoaS gala^ aouepa000e ul 'aoueuen aullaaogs e 3ul;uej2 '£TT-ZI 'ON uol;nlosab anoadde o; uolaepuawwooaj }}e;s aaplsuoO asanbab aoueueA aullaaogS alaunH SKMIOS311IV.LN3WNOHIAN3 '3 •Alsnowlueun palaaeo uol;ow 'lleo Iloi uodn :pue 'ZTO-ZT 'ON aoueulpap ssed oa 'shoal woo Aq papuooas pue uosulgoanH •woO Aq panow seen al •uoaeoylaelo agaao} paeo8 aq; palueq;';uaplsaa AaunoD alon-l;S'aanlb IV •s;uawanoadwi mau o; salldde ;I se uol;dwaxe xe; a Allen;oe sl ;I anq Aauow ;eq; Aeme 2uln12 ;ou sl Aauno:) aq; ;eq; pal}uelo pue ;uawwoo aqa passa.ippe WK) •woD •panlosaa we sanssl alwaad areas Aue gun uolanlosaa aq; 2ul;dope;ou passaippe pue aasn aslgouea j aq; Aq pled sl aa} aslgoue.a3 aq;;eg; paeo8 aq; paslnpe }}e;s •sgof Zg 2wpinoid Aluo sl;eq; Auedwoo a o; saepo(l uolll!W anlj 2ulnl2 sl AaunOD aga;eq; uaaouoo slq 2ulpae2aa paeo8 aq; passaappe'aadaaN uoo2el aanla uelpul aoud 'aa;aul;S ulna)l 'sa12oloug3al pallid 2ulpae2ai uolal;ad aq;}o puno S loeq papinoad }}e;S •aoueulpap aq; u2ls o; uewalegD aq; azuoq;ne pue ZT0-ZT 'ON aoueulpao ;dope o; uolaepuawwooaj }}e;s aaplsuoD salsolougoai MON Palllb' — uol;dwax3 xel waaoleA py olwouo33 — ZTO-ZT 'ON aoueulpap A3NHOJIV A1NnO3 '4 •Alsnowlueun palaaeo uol;ow 'Ileo poi uodn `pue 'alglssod se aaa}eaaaq; uoos se ao '•w•e 00:6 le ZTOZ 'LT Alnf uo sel;d 2uluoZ leR40 aq; 01 auawpuawe ue jo} 2upeaq ollgnd paalnbai puooas aqa alnpagos oa `sima-1 •woD Aq papuooas pue uosulgoanH •woD Aq panow seM;l •2wuoz aq;}o uolssnoslp legol2 aaow saalnbaa;aafoad aq; ;eq; pa;sa22ns pue s;uawwoo s,/uannoVq -wok g;lnn paaanouoo uosulgoanH •wo3 •;ueld aa;em a;seen aaq;oue 2uldolanap A;unOD aqa }o eapl aqa q;inn pue uol;eool aqa g;lnn sal22n.aas aq ;eq; paslnpe aH •;ueld ;uaw;eaa; aa;em a;sem a o; A;lwlxoad asolo ul 2ulnll q;lM saoualaadxa slq passaadxa AaannoVq •woD •Aaaadoid aq;}o;soo aq; uo pa;uawwoo }}EIS *uolaeool pasodoid aq;;snf;oafoid ag; ;sule2e ;ou sl aq ;eq; paeoq aq; paslnpe aH •ails aaoe S£ aq; o; aoue;sip aq; pue S6-I o; paaedwoo se uol;eool ails aga }o paalnbul ;;auua8 auAem ioafoid pasodoid aq; ao} Wool} .aarem a;sem }o as;uao aq; 2ul;olpul aplis a pa;uasaad }}e;S Staff provided information on the requested variance. William Burke, St. Lucie County resident, addressed the board regarding his concern for the hardening of the shoreline. He felt that it will impact habitats and also felt that the river should be protected. Robert Huneke, 1400 Parkland Blvd., Ft Pierce, advised the board that he has no . intention to harm any natural habitats and only wishes to protect his property. Com. Hutchinson addressed previously meeting the homeowner at the property and seeing the damage and the encroachment of the river on his property. Com. Mowery expressed concern with the possibility of similar future requests for variances. Staff addressed the boards concerns and advised them that usually they are able to work out issues with the homeowners directly. Staff felt that a sea wall and not native planting would be the best remedy for the situation as the damage was severe. Com. Craft addressed staff regarding not setting precedence for these types of cases. Staff addressed the Board and advised that each case has its own unique circumstances but in this case a sea wall already exists nearby. It was moved by Com. Hutchinson and seconded by Com. Lewis, to pass Resolution No. 12-113, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 7 RESOLUTION NO. 12-143 A RESOLUTION EXPRESSING APPRECIATION TO MILLIE D. FELICIANO FOR FAITHFUL SERVICE AS SECRETARY TO THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA WHEREAS, Millie D. Feliciano will retire from her position as Secretary to the Board of County Commissioners of St. Lucie County, Florida; and WHEREAS, Millie D. Feliciano efficiently, competently, and untiringly served this Board, and in turn the citizens of St. Lucie County for over twenty-two years; and WHEREAS, this Board should recognize the faithful and dedicated service that Millie D. Feliciano has rendered in furtherance of the public good. NOW, THEREFORE, BE IT RESOLVED, in a meeting assembled this 17`h day of July, 2012, thatthe Board of County Commissioners of St. Lucie County, Florida, for itselfand on behalf of the citizens of St. Lucie County, does hereby express its sincere appreciation and gratitude to Millie D. Feliciano for her many years of faithful service as Secretary to this Board. BE IF FURTHER RESOLVED that a copy of this resolution shall be presented to Millie D. Feliciano as a token of this Board's appreciation. PASSED AND DULY ADOPTED this 171h day of July 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney CONSENT AGENDA ITEMS 07/06/12 FZABWARR FUND TITLE 001 001009 001194 001447 001448 001512 001518 001519 001527 001534 001535 001536 001537 001538 001539 001542 001543 001544 101 101001 101002 101003 101004 101006 101112 102 102001 102812 105 107 107001 107002 107003 107006 ill 112 113 114 116 117 119 120 122 123 126 127 128 129 ST. LUCIE COUNTY - BOARD WARRANT LIST #41- 30-JON-2012 TO 06-JUL-2012 FUND SUMMARY General Fund Gen -One Time Funding U.S. Dept of Housing & Community FTCD Planning Grant Agr FYII-12 Residential Construction Mitigation Neighborhood Stabilization Program Section 1.12/MPO/FHWA/Planning CDBG FY 2008 Disaster Recovery SRL - 10701 S. Ocean Dr. Metropolitan Planning/Section 5303 Homeland Security -Issue 11 FL Energy & Climate Comm HUD Shelter Plus Care 2010 HUD Neighborhood Stab 3 Safe Routes to School Program D.J Wilcox Coastal Access & Restora Severe Repititive Loss CDBG Disaster Recov Enhanc Prog Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80a Constitut Transportation Trust/Local Option Transportation Txust/County Fuel Tx Transportation Trust/Impact Fees FHWA FDOT Walton Road Widening Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Stormwater Ph 3 Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-000 Mhz Oper F&F Fund -Court Related Technology River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund The Grove Fund Indian River Estates Fund Queens Cove Lighting Dist$13 Fund Southern Oak Estates Lighting Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund EXPENSES 2,039,594.27 27,416.00 5,918.07 450.00 13.25 1,531.72 1,029.28 67,514.25 29.10 180.49 11,312.21 11.54 11,628.94 46,860.81 119.94 6,500.00 40.28 24.12 6,784.07 146.42 23,270.00 3,813.88 30,582.96 3,191.87 171,681.88 5,452.18 27,668.42 481.08 75,000.00 3,570,G46.6B 12,111.44 70.85 4,862.23 649.86 2,781.83 602.72 229.03 504.01 560.46 139.40 848.28 176.06 987.32 351.92 123.91 374.29 494.97 15,159.59 PAGE PAYROLL 454,868,86 0.00 1,741.52 0.00 179.89 2,834.63 10,684.00 1,994.67 389.74 3,311.72 0.00 310.62 1,635.66 837.67 919.27 0.00 551.76 321.89 32,750.38 1,237.60 42,297.50 12,329.90 13,897.68 0.00 0.00 65,176.76 10,936.04 5,872.03 0.00 137,929.07 961.55 961.56 0.00 8,736.95 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 07/06/12 FZABWARR FUND TITLE 130 130100 130103 130104 130105 130107 130109 130113 130210 136 138 139 140 140001 150 160 170 183 183001 183004 183006 184107 184215 184216 185012 189101 189103 189105 189107 189203 190 215 216 242 310001 318 362 401 418 451 458 471 478 479 491 505 505001 611 ST. LUCIE COUNTY - BOARD WARRANT LIST #41- 30-JUN-2012 TO 06-JUL-2012 FUND SUMMARY SLC Public Transit MSTU FTA 5307 Capital and Operating assi ETA 5316 Job Access And Rev Commute PTA 5317 New Freedom Enhanced Servi FTA 5307-2 2009 Cap & Oper ETA 5311 Block Grant PTA 5307 Capital and Operating FTA 5307 FY2O11 FDOT Block Grant Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Airport Fund Port Fund Impact Fee Collections Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund U.S. Fish Artificial Reef Construct DEP Ft Pierce Shore Protection 2012 FDEP S SLC Beach Restoration FHFA SHIP 2010-2011 Home Consortium FY 2008 Home Consortium FY 2010 HUD Housing Counseling Grant HUD Rousing Counseling Program Hardest Hit fund Advisor Services Sports Complex Fund Sales Tax Revenue Bonds I&S Fund County Capital I&S Port I&S Fund Impact Fees -Library County Capital -Transportation Bond Sports Complex Improv Fund 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 EXPENSES 35,178.08 23,145.59 23,036.22 11,255.76 18.77 8,341.49 35,338.87 103,438.07 102,640.66 1,747.94 254.96 751.55 5,308.73 100.00 109.68 7,368.59 4, 614.64 220.53 100.00 1,590.37 340.00 149.00 10,592.00 26,102.50 3,929.14 5,895.00 18,644.08 8.52 11.84 13.66 35,266.97 1,000.00 15,520.24 27,059.38 991.84 22,260.00 303,780.61 34,391.11 3,135.39 1,786.66 48.26 164,412.72 47.45 117.40 1,374.72 916,343.43 367.05 695.84 PAGE PAYROLL 0.00 0.00 0.00 0.00 258.44 0.00 793.79 1,033.60 0.00 0.00 0.00 0.00 11,472.17 0.00 1,523.20 3,110.46 0.00 3,105.65 0.00 3,183.42 0.00 0.00 0.00 0.00 124.59 0.00 1,037.53 118.49 163.00 187.45 19,330.42 0.00 0.00 0.00 0.00 0.00 0.00 49,732.98 15,005.17 4,530.55 665.52 7,141.90 643.29 1, 617.19 17,559.04 1,186.40 4,929.37 2,450.61 07/06/12 ST. LUCIE COUNTY - BOARD PAGE 3 FZABWARR WARRANT LIST #41- 30-JUN-2012 TO 06-JUL-2012 FUND SUMMARY FUND TITLE 625 Law Library 666 SLC Economic Development Trust Fund 801 Bank Fund GRAND TOTAL: IWAGORWRIM 479.83 25,000.00 200,809.54 8,385,056.64 PAYROLL 0.00 0.00 0.00 964,573.15 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B.1 DATE: July 17, 2012 REGULAR [] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Katherine Barbieri Assistant County Attorney SUBJECT: Ordinance No. 12-015 - Refueling Assistance for Persons with Disabilities; Permission to Advertise BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board grant permission to advertise Ordinance No. 12-015 for a public hearing on August 7, 2012, at 6:00 p.m. or as soon thereafter as the matter may be heard. COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals County Attorney: Management & Budget Purchasing: Daniel S. McIntyre Originating Dept. Solid Waste Mgr.: County Eng.: Finance: (Check for copy only, If applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO.: 12-0657 DATE: May 23, 2012 SUBJECT: Ordinance No. 12-015 - Refueling Assistance for Persons with Disabilities; Permission to Advertise BACKGROUND: Subsection 526.141(5)(a), Florida Statutes, requires gasoline stations that offer self-service to require an attendant employed by the station to dispense gasoline to persons with disabilities. Attached to this memorandum is a copy of draft Ordinance No. 12-015 has been drafted for that purpose. RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No. 12-015 for a public hearing on August 7, 2012, at 6:00 p.m. or as soon thereafter as the matter may be heard. Respectfully submitted, LA Katherine Bar Teri Assistant County Attorney KB/caf Attachment ORDINANCE NO. 12-015 AN ORDINANCE OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PERTAINING TO REFUELING ASSISTANCE FOR PERSONS WITH DISABILITIES; CREATING SECTION IX OF CHAPTER 1-2 ADMINISTRATION OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; PROVIDING ATITLE; PROVIDING FOR DEFINITIONS; PROVIDING FOR ACCESSIBILITY, PROHIBITED CONDUCT, ENFORCEMENT, AND PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, Subsection 526.141(5)(a), Florida Statutes, as amended from time to time, requires gasoline stations that offer self-service to require an attendant employed by the station to dispense gasoline to persons with disabilities; and WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, ("Board") desires to create the "Refueling Assistance for Persons with Disabilities Ordinance" in the St. Lucie County Code of Ordinances in order to provide assistance to persons with disabilities in refueling their vehicles; and WHEREAS, the Board finds that implementation of this Ordinance as set forth herein will promote, protect, and improve the health, safety, and welfare of the people of unincorporated St. Lucie County, Florida. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. CHAPTER 1-12 ADMINISTRATION of the Code of Ordinances of St. Lucie County, Florida is amended to add Article IX Refueling Assistance for Persons with Disabilities as follows: ARTICLE IX. REFUELING ASSISTANCE FOR PERSONS WITH DISABILITIES. Section 1-2.103 Definitions For the purposes of this Section, the following shall apply: (a) Complainant shall mean anyindividualwho witnesses orwho issubiectedtoconductwhich violates this Ordinance and who files a written complaint with the Division stating the information required by this Ordinance. (b) Director shall mean the Planning and Development Services Director, or the Director's designee. Underlined passages are additions. (c) Division shall mean the St. Lucie County Code Division. (d) Gasoline Dispensing Area sha I I mean the areawherethe pumps used to dispense flammable and combustible liquids used as motor fuels are located. 1el Gasoline Station Retailer shall mean: jJ Any full -service gasoline station located in unincorporated St. Lucie County; or j2 Any self-service gasoline station located in unincorporated St. Lucie County that has two (2) or more attendants on duty at any given time during the hours the station is open for business to the public. (f) Person(s) with Disabilitvfies) shall mean any natural person who: (11) Has been issued and is operating any motor vehicle properly displaying an exemption parking permit as provided in Section 316.1958, or Section 320.0848, or a license plate issued pursuant to Section 320.084, Section 320.0842, Section 320.0843, or Section 320.0845, Florida Statutes, or M Is operating any motorvehicle with specialized equipment, such as ramps, lifts, or foot or hand controls, for use by a person who has a disability or whose vehicle is displaying the Florida Toll Exemption permit. - jp1 Self-service Gasoline Station shall mean that portion of property where flammable and combustible liquids used as motor fuels are stored and subsequently dispensed from fixed, approved dispensing equipment into the fuel tanks of motor vehicles by persons other than the service station attendant. Section 1-2-105 Accessibility requirements. (a) Attendants at all Gasoline Station Retailers shall at all times be able to communicate with persons in the Gasoline Dispensing Area via telephone, as well as any additional means of electronic communication with the attendant such as, but not limited to, an intercom. jbj Gasoline Station Retailers shall require an attendant to provide refueling assistance to Persons with Disabilities as defined in this Ordinance when such service is requested. (c) Gasoline Station Retailers shall prominently display a sign, decal, orsticker.nosmallerthan fifteen (15) square inches, on the front of all gasoline pumps clearly stating the telephone number of that Gasoline Station Retailer, aswell asthe existence ofanvadditional meansof electronic communication with the attendant such as, but not limited to, an intercom, the international symbol of accessibility ("ISA"), and wording such as "Call for Assistance" or "Assistance Available upon Request." The sign, decal, or sticker must also be on a blue background. The telephone number and all other means of electronic communication indicated on the sign, decal, or sticker shall be operational and answered directly by an attendant on duty during the hours the Gasoline Station Retailer is open for business to the public. Underlined passages are addhions. -2- St aekShnngh passages era deletions. jJ In the event that assistance is requested during times when a second attendant is not present at a Self-service Gasoline Station, the Gasoline Station Retailer is not required to provide the requested assistance. In such instances, the attendant on duty shall inform the person who requested assistance that the attendant is not able to provide such assistance because there is only one (1) attendant on duty. Section 1-2-105 Prohibited conduct. It shall be a violation of this Article for a Gasoline Station Retailer to: (a) Fail or refuse to prominently display a sign, decal or sticker, on the front of all gasoline pumps, which meets the requirements of this Ordinance; or (b) Fail to ensure that the telephone number, intercom, or other means of electronic communication with the attendant indicated on the sign, decal, or sticker is operational and answered by an attendant on duty during the hours the Gasoline Station Retailer is open for business to the public; or (c) Fail to provide refueling assistance to a Person with Disabilities when such assistance is requested and when more than one (11 attendant is on duty. Section 1-2-106. Filing of Complaints. (a) Any person whowitnesses, orwho issub'ected to, conduct that violates this Ordinance may file a written complaint with the Division. (b) The complaint must be in writing and shall contain the following information: violation; and (1) Name and address of the Gasoline Station Retailer alleged to have committed the (2) Date of alleged violation; and fJ General statement of the facts of the alleged violation; and j4 Such other information required by the Division. Section 1-2-107 Enforcement and penalties. It shall be the duty of the Division to enforce this Ordinance. PART B. 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. Ifthis Ordinance Underlined passages are addklons. —3 �61s passages are M.U.ns. 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 C. APPLICABILITY This Ordinance shall be applicable in the unincorporated area of St. Lucie County. PART D. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extend of such conflict. 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 become effective ninety (90) days after adoption. PART G. ADOPTION. After motion and second, the vote on this Ordinance was as follows: Chairman Tod Mowery XXX Vice Chair Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX Commissioner Chris Craft XXX PART H. CODIFICATION. Provisions of this Ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ADOPTED this day of ATTEST: Deputy Clerk Underlined passages are additions. -4- 2012. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman Struck thno, passages are deletions. APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Underlined passages are additions. -5 ::._,..:..__o.. passages are deletions. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTEDBY(DEPT): County Attorney ITEM NO. VI-B.2 DATE: July 17, 2012 REGULAR [] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: State of Florida Department of Transportation County Incentive Grant Program Agreement - City of Port St. Lucie - Rescission at the Request of the City BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: See attached memorandum Staff recommends that the Board adopt Resolution No. 12-137 rescinding Resolution No. 12-092. CONCURRENCE: Faye W. Outlaw, MPA County Administrator ReviewandA roval, County Attorney: Management & Bud get Purchasing Daniel S. McIntyre ar Gouin Originating Dept. - Public Works Dir.:-I Don County Eng.: i% Don est Mikee Po Powley 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.: 12-0758 DATE: June 27, 2012 SUBJECT: State of Florida Department of Transportation; County Incentive Grant Program Agreement - City of Port St. Lucie - Rescission at the Request of the City BACKGROUND: The County Incentive Grant Program (CIGP) was created pursuant to state law to provide grants tocountiesto improve a transportation facility which is located on the state highwaysystem or which relieves traffic congestion on the state highway system. The City of Port St. Lucie ("City") submitted a proposed projectto upgrade the existing IntelligentTransportation System through the installation of fiber optics communication cables along Westmoreland Boulevard from 3300 feet south of Morningside Boulevard to Lennard Road. The Agreement proposed that the County assign all of its interests and obligations in the oversight and management of the project to the City. On May 15, 2012, the Board adopted Resolution No. 12-092 as part of the agreement approval process. On June 19, 2012, the City of Port St. Lucie sent a letter to FDOT confirming that the city would not be proceeding with the CIGP. A copy of the June 19 letter is attached. RECOM MEN DATION/CONCLUSION: Staff recommends that the Board adopt Resolution No. 12-137 and the rescinding of Resolution No. 12-092. Ily Daniel S. Mclntyi County Attorney DSM/caf Attachments RESOLUTION NO. 12-137 A RESOLUTION RESCINDING RESOLUTION NO. 12-092 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation awarded the County funding to upgrade the existing Intelligent Transportation System through the installation of fiber optics communication cables along Westmoreland Boulevard from 3300 feet south of Morningside Boulevard to Lennard Road. 2. The Agreement proposed that the County assign all of its interests and obligations in the oversight and management of the project to the City of Port St. Lucie. 3. On May 14, 2012, this Board adopted Resolution No. 12-092 accepting a County Incentive Grant Program Agreement (427854-1-59-01) on behalf of the City of Port St. Lucie. 4. On June 19, 2012, the City of Port St. Lucie sent a letter to FDOT notifying FDOT that the City did not intend to proceed with execution of the County Incentive Grant Program Agreement. Florida: ATTEST: NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, 1. The Board hereby rescinds Resolution No. 12-092. 2. This Resolution shall be effective upon adoption. After motion and second, the vote on Resolution No. 12-137 was as follows: Chairman Tod Mowery XXX Vice Chair Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this 171" day of July 2012. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney p b F47,gT°4 u ro� �r a sly A City for All Ages" June 19, 2012 CITY OF PORT ST. L UCIE Public Works Department Accredited Agency —American Public Works Association Ms, Uyen Dang, P.E. Local Agency Program Coordinator Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 RE: FM# 427854-1-58-01 (Construction) Westmoreland Boulevard Fiber Optic Loop (from Morningside Boulevard to Lennard Road) Dear Ms. Dang: . In 2009 the City of Port St Lucie identified a need to expand the City's fiber network by installing a fiber optic line on Westmoreland Boulevard between Morningside. Boulevard and Lennard Road. The City of Port St. Lucie, through St.'Lucie County, forwarded an application for County Incentive Grant Program (CIGP). funding from the Florida Department of Transportation for the construction of the Westmoreland Boulevard Fiber 'Optic Loop (Westmoreland ITS). At that time, the estimated total project cost was $142,486. On December21, 2009, your staff notified us that the project was selected to receive CIGP funds in the amount of $71,243 in Fiscal Year 12/13 with the understanding that the City's contribution would be $71,243 for the project total of $142,483, (Notification letter attached.) In 2011 we received the draft CIGP Agreement for construction. We reviewed the Agreement and on March 26, 2012 the CIGP Agreement was presented to the City of Port St Lucie's City Council for approval. During this time staff learned that The City of Port.St Lucie's Utility Department was working on a water main replacement along the Westmoreland Corridor between Morningside Boulevard and US --I, City staff reviewed the possibility of combining the Westmoreland ITS projoet,with the watermain projectand discovered the potential savings of approximately "$96,000 (this includes the $71,243 froth- the CIGP plus the City's savings- of $24,887.41). Additionally, the now :location of the proposed fiber line is more desirable because it would be located in the median and easily accessible, in comparison to the original plan, placing the fiber line on the north side of the roadway under the concrete sidewalk. Please accept this letter as written confirmation that the City of Port St Lucie will not be proceeding with the execution of the above referenced CIGP for the construction of the Westmoreland ITS Fiber Optic Loop. The City does not wish to proceed because of the potential savingsattained by the. use of the alternate construction plan. 121 S.W. Port St. Lucie Boulevard+ Port St. Lucie, FL 34984-5099. 7721871-5177. 772/871-5100 772/871-5289 TDD Line • 772/344-4222 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B3 DATE: July 17, 2012 REGULAR[] PUBLIC HEARING [ ] CONSENT[x] PRESENTED BY: Katherine Barbieri Assistant County Attorney SUBJECT: Permission to Advertise - Ordinance No. 12-016 - Amending the Code of Ordinances of St. Lucie County, Florida, by Adjusting the Fees for Rotating Boom BACKGROUND: See attached memorandum No. 12-0763 RECOMMENDATION: Staff recommends that the Board grant permission to advertise Ordinance No. 12-016 for a public hearing before the Board of County Commissioners on September 4, 2012 beginning at 6:00 p.m. or as soon thereafter as may be heard. COMMISSION ACTION: CONCURRENCE: [� APPROVED [ ] DENIED [ ] OTHER: Approved 4-0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: Daniel S. McIntyre INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO. 12-0763 DATE: July 17, 2012 SUBJECT: Ordinance No. 12-016 — Amending the Code of Ordinances of St. Lucie County, Florida, by Adjusting the Fees for Rotating Boom BACKGROUND: On November 6, 2007, the Board adapted Ordinance No. 07-012 which set the fees that tow truck companies may charge for nonconsensual towing (usually vehicular accident scenes). On February 1, 2011, the Board adopted Ordinance No. 11-004 which allowed vehicles left on public right-of-way to be towed after 48 hours and set storage fees for trespass towing. Ordinance No. 07-012 established a flat rate of $350 that a tow truck company may charge for when they are required to use a rotating boom to assist in the nonconsensual tow. A rotating boom is a tow truck that has a rotating boom in the bed of the truck. This is a specialized piece of equipment that would not be brought out for the usual nonconsensual tow. This equipment is effectively used for removal of large/heavy vehicles from accident scenes such as a semi -trailer. Tri-County Towing has provided the following information on a tow truck with a rotator boom. Tag Renewal: $1,357.65 Yearly Insurance Premium: $6,700.00 Heavy Duty Highway Tax: $550.00 Cost for a New Rotator: $864,558.69 Diesel Fuel: $4.00 per gallon (average currently) Comparison of Class D (Rotator) Towing Rates: Indian River County: Hook Up: Mileage: Time on Scene: Class D $478.00 $7.00 Per Mile $120.00 Per 15 Minute Increments - (Rotator) After the First 30 Minutes ($120.00 x 4 = $480.00 Per Hour) *A 10% fuel surcharge is also applied to the tow & mileage subtotal* Martin County: Hook Up: Mileage: Time on Scene: Class C $275.00 $5.00 Per Mile $260.00 Per 30 Minute Increments ($260.00 x 2 = $520.00 Per Hour) Law Enforcement has stated that the use of a rotating boom is very effective to clear the road right-of-way from large vehicle accidents and lessens the time the road must be closed to the traveling public. Ordinance No. 12-016 has been drafted to amend the Code of Ordinances of St. Lucie County, by Adjusting the Fes for Rotating Boom; Providing for Conflicting Provisions; Providing for Severability and Applicability; Providing for Filing with the Department of State; Providing for an effective Date; Adoption; and Codification. RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No. 12-016 for a public hearing before the Board of County Commissioners on September 4, 2012 beginning at 6:00 p.m. or as soon as may be heard. Respectfully submitted, Katherine Barbieri Assistant County Attorney ORDINANCE NO. 12-016 AN ORDINANCE AMENDING ARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY ADJUSTING THE FEES FOR ROTATING BOOM; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; ADOPTION; AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board), has made the following determinations: 1. Sections 125.0103(1)(c), and 166.043(1)(c), Florida Statutes requires the Board of County Commissioners for St. Lucie County (the "Board") to establish the maximum fees which may be changed for the towing, removal and storage of vehicles without the owners consent for all of the areas of St. Lucie County. 2. It is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie Countyto have the roads right-of-way cleared as quickly as possible after an automobile accident, and, 3. That a rotator boom is usually necessary to effectively clear the roads right-of-way when the accident involved a semitrailer. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-20-16 OF CHAPTER 1-20 (TRAFFIC) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-20-16 of Chapter 1-20 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-20-16.3 Fees In addition to the other requirements of this article, no tow truck company shall, for compensation, recover, tow, or remove a vehicle/vessel or provide storage in connection therewith without the prior express instruction of the vehicle/vessel owner or authorized driver, except in accordance with the following: S#rnelHhrengh passages are deleted. -1- Underlined passages are added. (a). Nonconsentual tow: Tow truck companies may for compensation recover, tow or remove a vehicle/vessel based upon a police directed tow without the prior express instruction of the vehicle/vessel owner or authorized driver upon the prior express instruction of a law enforcement agency and in accordance with the terms of any contracts or agreements between the tow truck company and a governmental entity and/or law enforcement agency. The maximum fee is established which may be charged on the removal and storage of wrecked or disabled vehicles from an accident scene or for the removal and storage of vehicles, in the event the owner or operator is incapacitated, unavailable, leaves the procurement of wrecker service to the law enforcement officer at the scene, or otherwise does not consent to the removal of the vehicle as follows: FLATBED ROTATOR REGULAR WRECKER SERVICE CLASS A/D CLASS B CLASS C "LANDOLL" BOOM Day or Night Service $100.00 $135.00 $225.00 $145.00 $478.00 Mileage Charge $ 3.00 $ 4.00 $ 5.50 $ 5.50 $5.50 Time Charge per 1/2 hour $ 50.00 $ 50.00 $100.00 $ 50.00 $240.00 After 30 minutes on the scene, will be charged in increments of 30 minutes. Underwater Recovery $200.00 Flat rate for a certified scuba diver with full gear. Not Sheriff's Office diver Airbag Recovery $600.00 Gate Fee (per day) $ 35.00 8:00 pm - 8:00 am Outside Storage $25.00 per day Inside Storage $30.00 per day Administrative Fee $35.00 Additional manpower per 1/2 hour $50.00 Note* The Fee Schedule shown in this table is subject to annual revision based upon the provisions in 1-20-16.4. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1,1969, County ordinances and resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. 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 applicabilityto any other person, property, or circumstance. &treek4heeugh passages are deleted. -2- Underlined passages are added. PART D. 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 E. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Tod Mowery XXX Vice Chair Paula Lewis XXX Commissioner Chris Craft XXX Commissioner Frannie Hutchinson XXX PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, 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 B through G shall not be codified. PASSED AND DULY ADOPTED this day of 2012. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney &ir8ek4hraugk passages are deleted. -3- Underlined passages are added. S--.Y =.11d'�.,xYi l.� .✓z.. frv3'.iu.WS.�a.:c�..F'R.:x.r:..'.d:'.RtYR'.F,3cLLEAtn'1�k:v`&_3„S_+.S»:a_..n1...�3.'�n.cw.si2F.3+.ivL.S4..�S-'att�Tib'ro-_a.l-......�tJ �..�..��.:ik.JsS�L u&i�.++uEtb�.rS3.: u3 tt/t4T'`'. I While we are moving forward with this plan, the City of Port St Lucie greatly appreciates the opportunity to work with the Florida Department of Transportation and St. Lucie County. We look forward to working with you on future projects. Should you have any questions or require additional information, please do not hesitate to contact Ms. Denise L. Burton, P.E. - Transportation Engineer at (772) 344-4364 or pr/dlb Attachment cc: Gregory J. Oravec - City Manager Jesus Merejo — Utility Systems Director James E. Angstadt, P.E. Acting Assistant City Engineer Denise L. Burton, P.E. — Transportation Engineer Michael Powley, P.E. — County Engineer Lori Rocky — Fiscal Specialist, Public Works - St Lucie County S\TR FIC1R01EMTIBEMW,si.. Wd 81W Piber Pull\12-06-19LET Wng QDOT -CIOP Daline.&o AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Housing and Community Services/Housing SUBJECT: Neighborhood Stabilization Program 3 (NSP3) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001538-5420-549605-500 NSP3 ITEM NO. DATE: 1A1161E 07/17/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) PRESENTED BY: Diana WesloskiL� Housing Manager PREVIOUS ACTION: March 22, 2011 - Acceptance of NSP3 grant. December 6, 2011 —Award of RFQ No. 11-036 Construction Contractor Pre - Qualification. RECOMMENDATION: Board Approval to enter into a contract with M.W. Patrick for the rehabilitation of 5612 Palmetto Drive under the St. Lucie County NSP3 grant, as outlined in the agenda memorandum; and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) ( ) OTHER County Attorney ( ) Originating Dept. ( ) DENIED Coordination/Signatures 4" D 3 "-i Daniel S. McIntyre 1fe..44v. Y�owJ Beth er CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM OMB Director Budget Analyst Marie'Gouin Sophia Holt Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director tf 4 FROM: Diana Wesloski, Housing Manager DATE: July 17, 2012 SUBJECT: Neighborhood Stabilization Program 3 (NSP3) ITEM NO. VI-Cl Backaround: St. Lucie. County was awarded $1,947,657 in NSP3 funding, which is being used to purchase and rehabilitate homes within the targeted areas of Lakewood Park, River Park and Indian River Estates. On May 17, 2012, staff held a mandatory pre -bid meeting with the contractors on the NSP3 rotating list. Bids were received on June 1, 2012. The low bidder, A. Thomas Construction, Inc. withdrew their bid. Staff is recommending award of the project to the following qualified lowest responsive responsible bidder: M.W. Patrick, Ft. Pierce, FL, in the amount of $50,300. All projects incorporate green, energy efficient products, including but not limited to, solar hot water heaters, 15 Seer or higher rated HVAC, double pane low E impact windows, and energy -rated appliance. Davis Bacon is not triggered for this project. The apprenticeship program parameters do not apply, as this project does not exceed $300,000. Recommendation Board approval to enter into a contract with M.W. Patrick for the rehabilitation of 5612 Palmetto Drive under the St. Lucie County NSP3 grant, as outlined in the agenda memorandum; and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Bid Tabulation Withdrawal Letter, A. Thomas Construction, Inc. R. ME 0 N m H 0 0 0 O O 0 0 O O O m Ln w o m 0) m^ m m m O 00 00 1-0 O k O N O O O to 06 r-� z Lri z 'o z z z O Ln 00 r w Ln vi t/} v)- ti? v} v} a M O ei N cn rq ft m H O O O O O ON O O LD _0 O -0 O V O Ln l0 iz O Fn O CD m m 0) a), L? N o(n o m o 0 0 E�^rND'zMz0zzz m v} v} v} � a N ei LO Ln U u N C N U C U N — n i 0 �O L OU v U Y 0 Ln O 'L J N +� O > m i W Q N c a O U D L o ++ }, O O U U : L U co Lyp 6 O O w N N � U U C7 "o O c O EO le O c U O 2i u io w c m a m Z 0 a CBC1254959 Andrew Thomas PO. Box 3285 Fort Pierce Florida 34948 Fax/Office: 772-595-5261 atconst06@yahoo.com June 25, 2012 St. Lucie County Housing 457 N.7th St Ft Pierce, Fl NSP I Re: 5612 Palmetto Dr. Ft. Pierce To Whom It May Concern: I am aware that I am the lowest bidder on the above project. The job has not been awarded yet. At this time, I would like to remove myself from the prospective award In looking over my future project workload, I do not feel the job completion date is attainable due other work in progress. Sincerely, Andrew Thomas TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: ITEM NO. DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Housing and Community Services/Housing VI-C2 7/17/12 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY. Diana Wesloski Housing Manager Budget Resolution #12-139 - 10" Street Roadway Reconstruction Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) See attached memorandum. 001519-5420-581090-500 - CDBG DRI Fay PREVIOUS ACTION: March 23, 2010 - Board approval of the interlocal agreements with the City of Fort Pierce and City of Port St. Lucie. January 17, 2012 - Board approval to reject and re -bid Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Bid No. 11-031. RECOMMENDATION: Approval of Budget Resolution #12-139, as outlined in the agenda memorandum; and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney ( ) OMB Director ( ) p o ,—A+1, pa-n ' Budget Analyst Daniel S. McIntyre Marie Gouin t e --kcc..r Y""') Sophia Holt Originating Dept. ( ) J Beth Ryder Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Directore��'4—' FROM: Diana Wesloski, Housing Manager DATE: July 17, 2012 SUBJECT: Budget Resolution #12-139 - 10th Street Roadway Reconstruction Community Development Block Grant Disaster Recovery Initiative (CDBG DR[) ITEM NO. VI-C2 Background: St. Lucie County was granted $8,058,428 in CDBG DRI funds for recovery projects as a result of Tropical Storm Fay. The County is the primary recipient and administers the grant in partnership with the Cities of Fort Pierce and Port St. Lucie. The funds were designated for five (5) infrastructure projects, including the 10n' Street project. On March 23, 2010, the Board approved an interlocal agreement between St. Lucie County and the City of Fort Pierce to provide funding for the 10th Street Roadway Reconstruction Project. The budgeted contribution amount of CDBG DRI money to the 10 Street project is $1,490,445, including contingency money. The total awarded contract to Dickerson Florida Inc. is $2,051,534. The City of Fort Pierce will be contributing the difference as outlined in the attached amended interlocal agreement. Recommendation Approval of Budget Resolution #12-139 as outlined in the agenda memorandum; and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment: Interlocal Agreement Budget Resolution RESOLUTION NO. 12-139 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 City of Fort Pierce for the 10th Street Project in the amount of $1,300,000. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 17th day of July, 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 001519-5420-337910-500 City of Fort Pierce $1,300,000 APPROPRIATIONS 001519-5420-581090-500 City of Fort Pierce $1,300,000 After motion and second the vote on this resolution was as follows: Commissioner Tod Mowery, Chairman XXX Commissioner Paula Lewis, Vice Chair XXX Commissioner Chris Craft XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED THIS 17TH DAY OF JULY 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA W APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY FWT AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT PIERCE ST. LUCIE COUNTX FOR COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY FUNDING It THIS FHIST AMENDMENT AGREEMENT is made and entered into this /7 day of 2012, by and between the City of Fort Pierce, a Florida Municipal Corporation ("Fort Plate), and St. Lucie County, a political subdivision of the State of Florida ("County'). WFTNESSETH: WHEREAS, Chapter 163, Florida Statutes, permits governmental units to enter into interlocal agreements to make the most efficient use of their powers by enabling them to cooperate with one another on a basis of mutual advantage; and WHEREAS, both Fort Pierce and the County are authorized by general law to provide for the , health, safety, and welfare of citizens within _their -respective jurisdictions_and_now desire to make the most efficient use of their powers by entering into this Agreement to serve their mutual best interests and advantage; and WHEREAS, the County is eligible to apply, on behalf of Fort Pierce, for a Community Development Block Grant CVDBG") Disaster Recovery Initiative e'DRP) Funding, from the State of Florida Department of Community Affairs ("DCR), nWfL Department of Economic Opportunity ("DEO"), in the form of Federal Housing and Urban Development ("HUD'j, from the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-329, approved September 30, 2008) which appropriated $6.5 billion in Community Development Block Grant funds for disaster relief, long-term recovery, and restoration of infrastructure, housing and economic revitalization directly related to the effects of the 2008 hurricane season disasters covered by Presidential disaster declarations; and WHEREAS, on March 23, 2010, the parties entered into an Interlocal Agreement ("Agreement] which provided for the County to administer the CDBG DRI to the benefit of all, within funds available JOSEPH E. eMrFN. CLERK OF THE CIRCUIT COURT SAINT LACE COUNTY , 1 Flea 3705Aee DR21M12 M 07:44 PM aR aooa &WI PAGE um - Ign um T)q_AOR REeoRMQ: $51.in t t 3. This First Amendment shall take effect upon tiling a fully executed copy with the Clerk of the Circuit Court of St. Lucie County. IN WITNESS WHEREOF, the parties hereto have executed this First amendment for the purpose herein expressed as of the date and year first written above. ATT CITY OF�FORCE,,Ig5"A By By: ty Clerk a or "PRO D AS FORM AND CORRECTNESS: BOARD OF COUNTY COMMISSIONERS OF ST. �LUC,IE COUNTY, FLORIDA y By: 02t M8m, Chairmm A APPROVED AS ORI1 CORRECTNESS: By._ r ounty A r y 3 0 0 ���I .I NII; .. �a II i ■R I AGENDA REQUEST ITEM NO. VI-C3 DATE: 7/17/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY PRESENTED BY: COMMISSIONERS Stefanie Myers SUBMITTED BY: Housing and Community Community Services Manager Services/Community Services SUBJECT: Budget Resolution 12-141 - Community Services Block Grant (CSBG)FYI 3 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001549-6420-331691-600 CSBG FYI PREVIOUS ACTION: N/A RECOMMENDATION: Board acceptance of the FY13 CSBG grant, Budget Resolution No. 12-141 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, ICMA-CM Coordination/Signatures County Attorney ( ) OMB Director °7 '0" Budget Analyst Daniel S. McIntyre Originating Dept. f(XX' "�J Beth Ryder () , 1 A m Marie Gouin Sophia Holt Housing and Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director a — FROM: Stefanie Myers, Community Services Manager /j'�'Y�-% DATE: July 17, 2012 ��'' SUBJECT: Budget Resolution 12-141 - Community Services Block Grant (CSBG) FYI ITEM NO. VI-C3 Background: The Florida Department of Community Affairs provides an annual funding allocation under the CSBG to Community Action Agencies (CAA) throughout the state. The FYI funds that are allocated to the Treasure Coast Community Action Agency, encompassing, Martin, Okeechobee, and St. Lucie County is $201,921. An interlocal agreement with Martin, Okeechobee and St. Lucie Counties identifies the amounts each county will receive, 26%, 20.6% and 53.5%, respectively. St. Lucie will receive $108,028 and serves as the lead entity for the CAA. CSBG funds are used to assist residents in overcoming barriers to becoming self-sufficient. A match is required in the amount of $21,605.60 and existing budgeted funds will be utilized to meet the 20% match. Martin and Okeechobee provide the match for their portions. The Treasure Coast Community Action Agency Advisory Board meets quarterly and provides oversight. Services provided may include childcare, nutrition support, transportation, senior care, emergency assistance, etc., as well as long-term case management in support of obtaining education and employment. Recommendation: Board acceptance of the FY13 CSBG grant, Budget Resolution No. 12-141 and authorization for the Chairman to sign documents as approved by the County Attorney. Attachments: CSBG Agreement for FYI Budget Resolution No. 12-141 RESOLUTION NO. 12-141 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Department of Health and Human Services in the amount of $201,921. 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 17th day of July, 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 001549-6420-331691-600 Dept. of Health and Human Services $201,921 APPROPRIATIONS 001549-6420-581065-600 Martin County $ 52,499 001549-6420-581075-600 Okeechobee $ 41,394 001549-6420-583000-600 Other Grants and Aids $108,028 After motion and second the vote on this resolution was as follows: Commissioner Tod Mowery, Chairman XXX CommissionerPaula Lewis, Vice Chair XXX Commissioner Chris Craft XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED THIS 17TH DAY OF JULY 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY. FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY it l' Rick Scott GOVERNOR FLORIDA DEPARTMENT' ECONOMIC OPPORTUNITY MEMORANDUM TO: ommunity Services Block Grant Eligible Entities FR Paula Lemmo, Community Program Manager 4 DATE: June 22, 2012 . Hunting F. Deutsch EXECUTIVE DIRECTOR RECENEDBY JUN 2 7 2012 SL Ludo County Ikusiop & Commurft Services RE: FY 2012-2013 Community Services Block Grant Award Agreement Enclosed you will find the FY 2012-2013 Community Services Block Grant (CSBG) award agreement package. The agreement amount provided on page 9, Section (17) (a) of the contract reflects what is currently considered a conservative estimate of funds available to start your new contracts. The final amount of the contracts will not be determined until the Federal Fiscal Year 2013 budget is approved and the state receives their official award letter. Once the final federal award is received and if additional funding is available, the allocations will be revised and modifications will be made to change the funding level of the contracts, Your initial budget will need to be developed based on the current total allocation and the budget authority amount given in section (17) (a) of the contract. Several items of supporting documentation must be submitted with your contract. See the enclosed Contract Proposal Instructions and Contract Proposal Checklist for details. The contract will not be processed without all of these items. To ensure a timely contract routing and signature process, please complete the enclosed application and return it to the address listed below, as soon as possible, but no later than Aueust 13, 2012. The award agreement must be officially approved by your CSBG board. Submit a minimum of two (2) copies of the complete application with original signatures on all copies. The agreement forms were generated in Microsoft Word or Excel. Electronic copies of these forms will be e-mailed to all agencies. If you do not receive these forms, call or e-mail your Department of Economic Opportunity (DEO) financial specialist. In addition to submitting Florida Department of Economic Opportunity The Caldwell Building 107 E. Madison Street Tallahassee, FL 32399-4120 866.FLA.2345 , 850.246.7105 850,921.3223 Fax www FloridaJo s.ora www.twltter.com/FLDEO www.fa ebook.com/FLDEO An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711. CSBG 2012-2013 Award Agreement June 22, 2012 Page 2 of 2 the agreement in hard copy, some forms must also be submitted electronically. See the instructions for further details. Applications should be sent to: Ms. Paula Lemmo, Community Program Manager The Department of Economic Opportunity Division of Community Development Office of Housing and Community Development Community Assistance Section 107 East Madison Street MSC 400 Tallahassee, Florida 32399-4120 If you have any questions, please contact your DEO Financial Specialist at (850) 717-8450. STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY CFDA Il: 93.569 Contract Number: 138B-FZ-12-00-01-023 FEDERALLY -FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Department of Economic Opportunity, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and St. Lucie Coun&Board of County Commissioners hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Department has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C. The Department has statutory authority'to disburse the funds under this Agreement. THEREFORE, the Department and the Recipient agree to the following: (1) SCOPE OF WORK The Recipient shall perform the work in accordance with the Budget, (Attachments B 1-114) and Work Plan (Attachment C), of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES The Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including those identified in Attachment D. (3) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties or October 1. 2012, whichever is earlier, and shall end September 30, 2013, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110 (now 2 CFR 215), "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87 (now 2 CFR 225), "Cost Principles for State and Local Governments," OMB Circular No. A-21 (now 2 CFR 220), "Cost Principles for Educational Institutions," or OMB Circular No. A 122 (now 2 CFR 230), "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for -profit) organization on a cost -reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure that audit working papers are available to them upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. The five year period may be extended for the following exceptions: 1. If any litigation, claim or audit is started before the five year period expires, and extends beyond the five year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non -expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for five years after final disposition. 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. 'Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be. available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the Department. 'Reasonable" shall ordinarily mean normal business hours of 9:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations and the Single Audit Act of 1984, as amended. EXHIBIT 1 to this Agreement shows the Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133 will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A- 133. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133 is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to have an audit conducted in accordance with the provisions of OMB Circular A-133, the cost of the audit must be paid from non -Federal funds. (e) Send copies of reporting packages and any management letters issued by the auditor for audits conducted in accordance with OMB Circular A-133 and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-133. Pursuant to Section .320 (f), OMB Circular A-133, the Recipient shall send a copy of the reporting package described in Section .320 (c), OMB Circular A- 133, and any management letter issued by the auditor, by or on behalf of the Recipient to the Department of Economic Opportunity at the following addresses: Department of Economic Opportunity Office of the Inspector General 107 East Madison Street MSC 130, Caldwell Building Tallahassee, Florida 32399-4120 And Department of Economic Opportunity Division of Community Development Bureau of Housing and Community Development Community Assistance Section 107 East Madison Street MSC 400, Collins Building Tallahassee, Florida 32399-4120 (f) Send an electronic copy to Sherita.leys-Addison@deo.myflorida.com (g) Send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at htW://harvester.census.govlfac/collect/ddeindex.htnil and to any other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133. (h) By the date due, send any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. (i) Recipients should state the date that the reporting package was delivered to the Recipient when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-] 33 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, 0) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Department has notified the Recipient of such non-compliance. (k) The Recipient shall have all audits completed by an independent certified public accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Department no later than nine months from the end of the Recipient's fiscal year. (7) REPORTS (a) The Recipient shall provide the Department with quarterly reports and a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Department. (b) Quarterly reports are due to the Department no later;than 21 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. (c) The close-out report is due 45 days after termination of this Agreement or 45 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Department" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide additional program updates or information that may be required by the Department. (8) (f) The Recipient shall provide additional reports and information identified in Attachment E. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that the Scope of Work and other performance goals are being achieved. A review shall be done for each function or activity in Attachment C to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with Paragraph (6), AUDIT REQUIREMENTS, above, monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the Department harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by its acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the Department to make further payment of funds shall, if the Department elects, terminate and the Department has the option to exercise any of its remedies set forth in Paragraph (I1), REMEDIES. However, the Department may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Department is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Department and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Department. (c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) REMEDIES If an Event of Default occurs, then the Department may, upon thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given afleast thirty days prior written notice of such termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address set forth in Paragraph (13) Notice and Contact herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Department any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. (e) Exercise any corrective or remedial actions, to include but not be limited to: 1. request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2, issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advise the Recipient to suspend, discontinue, or refrain from incurring costs for any activities in question, or 4. require the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible. (f) Exercise any other rights or remedies which may be otherwise available under law. (g) Pursuing any of the above remedies will not keep the Department from pursuing any other remedies in this Agreement or provided at law or in equity. If the Department waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Department, or affect the later exercise of the same right or remedy by the Department for any other default by the Recipient. (12) TERMINATION (a) The Department shall terminate this Agreement for cause with thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform in a timely manner, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Department shall terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. (c) The parties shall agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment shall state the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Department because of any breach of this Agreement by the Recipient. The Department shall, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Department from the Recipient is determined. (13) NOTICE AND CONTACT (a) All notices, provided under or pursuant to this Agreement shall be in writing, either by. hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Division contract manager for this Agreement is: Paula Lemmo, Community Program Manager Department of Economic Opportunity Division of Community Development Bureau of Housing and Community Development Community Assistance Section MSC 400 - 107 East Madison Street Tallahassee, Florida 32399-4120 Email: paula.lemmo@deo.myflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is stated in Attachment A, Recipient Information, of this Agreement. (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as stated in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Department for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law.. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat. (15) ,TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments (check all that are applicable): ® Exhibit 1 ® Attachment A ® AttachmentB-1 ® Attachment B-2 ® Attachment B-3 FUNDING RESOURCES RECIPIENT INFORMATION BUDGET SUMMARY SUB -RECIPIENT INFORMATION BUDGET DETAIL St. Lucie County Board of County Commissioners ® Attachment B-4 SECONDARY ADMINISTRATIVE EXPENSES ® Attachment C 2012-2013 CSBG WORKPLAN ® Attachment D PROGRAM STATUTES AND REGULATIONS ® Attachment E REPORTS ® Attachment F PROPERTY MANAGEMENT AND PROCUREMENT ® Attachment G STATEMENT OF ASSURANCES ® Attachment H SPECIAL CONDITIONS ® Attachment I CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION ® Attachment I WARRANTIES AND REPRESENTATIONS ® Attachment K JUSTIFICATION OF ADVANCE PAYMENT (17) FUNDING/CONSIDERATION (a) This is a cost -reimbursement Agreement, The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $201,921, subject to the availability of funds and appropriate budget authority. The Recipient is authorized to incur costs in an amount not to exceed $201.921 until further notification is received by the Department. As funds and budget authority are available, changes to the costs the Recipient may incur will be accomplished by notice from the Department to the Recipient, in the form of certified mail, return receipt requested, to the Recipient's contact person identified in Attachment A, Recipient Information. The terms of the Agreement shall be considered to have been modified to allow the Recipient to incur additional costs upon the Recipient's receipt of the written notice from the Department. (b) Any advance payment under this Agreement is subject to Section 216.181(16), F1a.Stat., and is contingent upon the Recipient's acceptance of the rights of the Department under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. Any advance payment is also subject to federal OMB Circulars A-87 (now 2 CFR 225), A-110 (now 2 CFR 215), A-122 (now 2 CFR 230) and the Cash Management Improvement Act of 1990. If an advance payment is requested below, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment K. Attachment K will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget, (Attachment Bl-B4) and Work Plan (Attachment C), of this Agreement, If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer, or under Subparagraph (19)(h) MANDATED CONDITIONS of this Agreement, all obligations on the part of the Department to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Department. (18) REPAYMENTS All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Economic Opportunity" and mailed directly to the Department at the following address: Department of Economic Opportunity Division of Community Development Office of Housing and Community Development Community Assistance Section 107 East Madison Street MSC 400 Tallahassee, Florida 323994120 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the returned check or draft, whichever is greater. (19) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Department request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Department and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the term of this Agreement. (d) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et sea.) and the Florida Civil Rights and Fair Housing Acts sections 760.01 — 760.37, Florida Statutes, which prohibit discrimination by public and private entities on the 10 basis of disability in employment, public accommodations, transportation, state and local government services, and telecommunications. (f) A person or organization who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals; 1, are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in Paragraph 19(g)2. of this certification; and 4. have not within a 3-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to the Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" (Attachment 1) for each intended subcontractor which Recipient plans to fund under this Agreement. Such form must be received by the Department before the Recipient enters into a contract with any subcontractor. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Star. or the Florida Constitution. 11 (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Stat. Q) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. (k) The Department reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement. (1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INN')]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shalt be grounds for unilateral cancellation of this Agreement by the Department. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat. with respect.to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (o) All unmanufactured and manufactured articles, materials, and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (2,0) LOBBYING PROHIBITION (a) Federal grant funds provided under this Agreement may not be used by the Department or any Recipient or Sub --Recipient to support lobbying activities to influence proposed or pending Federal or State legislation or appropriations. This prohibition is related to the use of Federal grant funds and not intended to affect an individuals's right or that of any organization, to petition Congress, or any other level of Government, through the use of other resources (See 45 CFT Part 93). No funds or other resources received from the Department under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief. 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, 12 a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying." 3. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (21) COPYRIGHT. PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HE, RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Department for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such 13 property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (22) LEGAL AUTHORIZATION The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. (23) ASSURANCES The Recipient shall comply with any Statement of Assurances incorporated as Attachment G. 14 STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FEDERALLY FUNDED SUBGRANT AGREEMENT SIGNATURE PAGE IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month and year set forth below. RECIPIENT (Type Legal Name of Recipient) 0 (Type Name and Title Here) Date: Federal Identification Number DUNS* Number *Data Universal Numbering System STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY Ken Reecy, Assistant Director Division of Community Development Date: 15 EXHIBIT —1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT: Separately list the following information for each federal program from which the resources awarded to the Recipient originate: Federal Agency: U.S. Department of Health and Human Services Catalog of Federal Domestic Assistance Title: Community Services Block Grant Program Federal Award Identifier: 6-12B2FLCOSR Catalog of Federal Domestic Assistance #: 93.569 Recipient: St. Lucie County Board of County Commissioners Contract #: 13SB-FZ-12-00-01-023 Award Amount: $201,921 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: Separately list each applicable compliance requirement (eligible activities, services, or commodities; eligible recipients; etc.) and specify to which federal program each requirement applies: Compliance Requirements: Program: Community Services Block Grant Program First applicable compliance requirement (e.g. eligible activities, services or commodities): The Recipient will use the CSBG funds to provide a range of services and activities having a measurable and potentially major impact on poverty in the communities where poverty is a particularly acute problem. These funds will be expended in accordance with the Program Statutes and Regulations, Attachment D, Budget, Attachment B and Work Plan, Attachment C of this Agreement and applicable OMB Circulars. 2. Second applicable compliance requirement (e.g. eligibility requirements for recipients of the federal resources): Recipient will comply with applicable OMB Circulars and eligibility requirements as set forth in U.S. Department of Health and Human Services regulations codified in: Title 45 of the Code of Federal Regulations, Part 96 — Block Grants and Title 31 of the Code of Federal Regulations, Part 205 — Cash Management Improvement Act of 1990. 3. None of these funds will be used for research purposes. Note: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Recipient. 16 ATTACHMENT A - RECIPIENT INFORMATION FEDERAL FISCAL YEAR: 2013 CONTRACT PERIOD: October 1, 2012 to Sentember 30, 2013 1. RECIPIENT: 2. COUNTIES TO BE SERVED WITH THESE FUNDS: 1 2 3_ 4 5 7 8 9 10 3. GENERAL ADMINISTRATIVE INFORMATION A. Agency Head (Executive Director or Chief Department Administrator) Name: Title: Street Address: County: City: FI Zip Code: Telephone ( ) Fax ( ) E-Mail: MAILING ADDRESS (IF DIFFERENT FROM ABOVE) Address: City: F] Zip Code: B. Chief Elected Official for Local Governments or President/Chair of Board for Nonprofits (Home or business address other than agency address.) Name: Title - Street Address: County: City: , F) Zip Code: .Telephone( ) Fax ( ) E-Mail: C. FOR PUBLIC AGENCIES: Chair of Community Action Board (Home or business address other than agency address.) Name: Title: Street Address: County: City: FI Zip Code: Telephone ( ) Fax ( ) E-Mail: D. RECIPIENT CONTACT PERSON/PROGRAM COORDINATOR Name: Title - Street Address: County: City: FI Zip Code: Telephone ( ) Fax ( ) E-Mail: E. WARRANT OFFICER (OFFICIAL TO RECEIVE STATE WARRANT) Name: Title: Address: (Street address) City: I A Zip Code: Telephone ( ) Fax ( ) E-Mail: F. FINANCIAL CONTACT PERSON Name: _ Address: (Street address) City: A Zip Code:_ Telephone ( ) Fax ( ) E-Mail: G. PERSON(S) AUTHORIZED TO SIGN FISCAL REPORTS 1. Name: Title: 2. Name: Title: 4. SUB -RECIPIENT INFORMATION These funds will be transferred to one or more Sub -Recipients: Yes_ No_ For each Sub -Recipient, attach a copy of Attachment B-2, Sub -Recipient Information 5. AUDIT: Recipient Fiscal Year: to — Audit is due nine months from the end of the recipient's fiscal year: 17 NOTE: ELECTRONIC COPIES OF THIS EXCEL FORM MLLBEE-MAILED TO ALL GRANTEES ATTACHMENT B-1 BUDGET SUMMARY • FY 2012-2013 Contract: REVENUE SOURCES I PERCENT,1 MATCH TOTAL NOTES: Round all figures UP to nearest dollar. Required: 2% Cash Match, NU Total Match no Not Under Match. Ex 1.29%Cash Match 1 CSBG Grant Funds 2 Cash Match #DIVIDI 3 In -Kind Match #DIVI01 - - Is not acceptable. 4 TOTAL MATCH (Line 2+ Line 3) #DIVIDI 0.00 6 TOTAL FUNDS (Line 1 +Line 4) - 0.00 Cash In -Kind CSBG FUNDED PROGRAMS ONLY CSBG EXPENSE CATEGORY Funds Match Match TOTAL ADMINISTRATIVE 6 RECIPIENT (Salaries+ Fringe, Rent, Utilities, Travel, Other) .... .....,................................................................ 0.00. ... 7SUB-RECIPIENT(Salaries + Fringe, Rent, Utilities, Travel, Other) ............. ... ...................... .............. ....-........ ............ 0.00 8 TOTAL ADMINISTRATIVE EXPENSES (Line 6 + Line 7) 0.00 0.00 0.00 - 0.00 ADMINISTRATIVE EXPENSE PERCENT (Line 8 divided by Line l) #DIVIDI CANNO9 ION GI EN ON CSBG - ALLOCATION ALLOCATIONGIVEN ON LINE 1 PROGRAM_- 10 RECIPIENT DIRECT CLIENT ASSISTANCE EXPENSES 0.00 ......-._._-.................... ,............................... ..........,..........................................._..........,..,...........................,.,,............................,........,............,...................................,................................................ RECIPIENT OTHER EXPENSE (Salaries+ Fringe, Rent, 11 Uplifles,Travel, Other) O.DO SUBTOTAL RECIPIENT PROGRAM EXPENSE 12 (Line 10+Line 11) 0.00 0.00 0.00 0.00 13 SUB -RECIPIENT DIRECT CLIENT ASSISTANCE EXPENSES 0.00 .......... -...... ...................._....-........................................_.........................._......._..............._.............................................................,....................................--........_....._......._......................__.-............ SUB -RECIPIENT OTHER PROGRAM EXPENSE 14 (Salaries + Fringe, Rent, UtlllOes, Other) 0.00 SUBTOTAL SUB -RECIPIENT PROGRAM EXPENSE 15 (Line 13+Line 14) 0.00 0.00 0.00 0.00 16 TOTAL PROGRAM EXPENSE (Line 12+ Line 15) 0.00 0.00 0.00 0.00 17 SECONDARY ADMINISTRATIVE EXPENSE 0.00 18 GRAND TOTAL EXPENSE (Line 8 + Line 16 + Line 17) 0.00 0.00 0.00 0.00 18 Page_ of CSBG ATTACHMENT B-2 SUB -RECIPIENT INFORMATION (Complete this page for each sub -recipient) RECIPIENT: SUB -RECIPIENT INFORMATION NAME OF ENTITY: MAILING ADDRESS: , FL ZIPCODE STREET ADDRESS (IF DIFFERENT): , FL ZIPCODE CONTACT PERSON'S NAME AND TITLE: TELEPHONE: ( FAX: ( NOTE: The following line items (7, 13, 14 and 15) must correspond to Attachment B-1, Budget Summary. If there is more than one sub -recipient, it is the Recipient's responsibility to ensure that the total of all sub -recipient budgets add correctly. Expenditures must be detailed in Attachment B-3. CSBG FUNDED PROGRAMS ONLY CSBG CASH IN HIND (D) EXPENSE CATEGORY FUNDS MATCH MATCH TOTAL SUB -RECIPIENT ADMINISTRATIVE EXPENSES: 7. SUB -RECIPIENT EXPENSES Salaries + Fringe, Rent, Utilities, Travel, Other) SUB -RECIPIENT PROGRAM EXPENSES: 13. SUB -RECIPIENT DIRECT CLIENT ASSISTANCE EXPENSES ---------------------------------------- ---------------------------------------------- 14. SUB -RECIPIENT OTHER PROGRAM EXPENSES (Salaries + Fringe, Rent, Utilities, Travel, etc 15. SUBTOTAL SUB -RECIPIENT PROGRAM EXPENSES (Line 13 + Line 14) TOTAL EXPENSES: (Line 7+Line 15) The Recipient must have a written agreement with all subcontractors. The agreement must meet the requirements of Section 14 of this agreement. A copy of the unsigned agreement with the subcontractor must be forwarded to the Department for review and approval along with this agreement. See OMB Circular A-133.210, Sub -recipient Vendor Determination, for further clarification. 19 Page_ of CSBG ATTACHMENT B-3 BUDGET DETAIL EXPENDITURE DETAIL BUDGETED BUDGET NATIONAL EXPENDITURES LINE ITEM PERFORMANCE Round up line item totals to dollars. NUMBER INDICATORS Do not use cents and decimals in CSBG CASH IN -KIND totals. FUNDS MATCH" MATCH" "EXPLAIN SOURCES OF CASH AND IN -HIND MATCH m r m 9 C N Q W H U E 0 o @ w Fm Z ❑ 0 0 0 0 0 > a Z 9 m C7 m W O' Z tq N H 1I1 W 0 o .yj M tD N q N H e @e o N ma 0 o a9 0 0 c %- E m m C 0 Z Zw$ (7mc �W N W u W O a ✓� N od m m O- o z6e r mm z c c 0 z f7tic E N a o e ✓✓ y 0 0 N ud r O o0 _ 0 0 0 0 >_ d Z c z , ti V Ow IN (H Z p m n w -Ga'. e d u c co �' u c z m am: LL m 2 bC' C$OI $ NO a F- F rn $ �E m Z.W m. m .. c a C m a 7 N $ A C C E�orn 9 m mg y m E O�% G� m c o m 2 m�� we qc nE N COMMUNITY SERVICES BLOCK GRANT (CSBG) ATTACHMENTC 2012-2013 CSBG WORK PLAN CONTACT: 0 PHONE: 0 EMAIL: 0 CONTRACT:0 NPi OUTCOME IS Expected TD Be Achieved '. Ar`Unam-o EmPloyment-7he numba'a.0 percentage of low-shco6m part cipants, in Community Action employment who net . job . ad andaMalnetla ob - '-' - -' - -- initiatives - - 41 of -- a- B. Maine Era to ed antl maintained a ob for m least 90 da s. t les p C. Emtoed end inan lnobfor to mem.income and/or benefits, 0 D, Achleved'11vin was"em to menl end/orbenefiis - 0„ 1.2 AJHObtsfried Employment Smpports - The number Of IOw-41cOhPO Participants for whom barriers to initial or Continuous are reduced Or eliminated through assistan ce from Comm unity Action as measured by one or more of the Obtained sMUs/com Landes "uired foram oMom _. '-'--- - _. "- - employ Mang followhily --' of Parocri --- 0' Com leted ABE/GED and received codification ordi oma - - - - 0 Com leted sl-second education rem end obtained certificate or dl loma 0Enielled cNldren in before or after school rams - - 0 Obtained care for child or other de ndent ., - 0 Obtain access to reliable trans rtation and/or ddver's license - 0Obtained heahh care services far themselves or a famil-member - - - 0 safe and affordable housina 0 I. Obtained food assistance - 0 J. Obtained non-enterpency LIHEAP energy assistance p Obtained non-emer an WX ens assistance 0 NK. L. DMalned.othernelFB--e enC-ener 85a1a18nte aYle/lou ovate ene m recce. tb NO Nduse LINFAP or WX -- 0 M. Oblamed identificalmn or work carpet doodlnenfaUon for em to nient aociei:sectu card, work:-ermi6 ate .,<_:, :._' 0- 1.3 AssetEnhancement and UtIlizatim, � The number and percentage of Iovv-1 come households that in On Increase in financial assets and/or financial sWills as a result OrCommunityAction assistance and the amount 0.1 those assets and resources for all Participants achieving the outcomaj a& measured by 0116 ormom 1 Participants, in tax ppreparation r'rernswho uelifiatl for any typeofFedsmi-rtit" aead. achieve aggregated DollarsEconomic of the - 0':, b". 2 Participants obtainingcourt-ordered child support- payments. - `D -0 -. 3 Number enrolled in telephone IIFdina and/or ener dlsceunts witha en asistance. p 0. 21I 1 Perfitl antsdemonstratfnnabiid t000m late and meinteinabutl et torovar 90 tla s° -• 2 Padid emso enin an lnclMdual Development Account IDA or other savings accrunt -0 0 3 Padici ants who inr+eased their savingsthrou h IDA or other savin samount - 0 Of aai0 aMsma CommunityAction asset development program IDA or other satin - - - e Number ce talizin a small business with accumulated savings - 0 0 4 Number rcha vat -seconds educallon with savings p 0 c c .Number rchasin 'a home with accumulated savin s 0 0 do Number urchasin otherassetswithaccumulated savings 0. 0 A.-Jobacremed, Community Improvement and Revitalization -Increase in, orsafeguarding ofthmatened op-Impunillosand resources 0, sen,lces for low-income people in the community as a result of Community Action pnojectsanitiatives advocacy with other publicand Private agencies as measured by one or more of the following: orsaved; fromradudlon'oreltrokadon In the mmiuun- _- '- ... imunity or Projects •. - "'--- p-'----_-p-' B. Accessible livinq wane ioles, created or saved from reduction or elimination in the community 0 C, Safe antl affordable housin units created in the communll 0 D. Safe affordable housin units in the commun reserved or im roved throw hCommuni Action a adv 0 E. Accessible safe and affordable health care san4ces/fadlilies for low -Income a created or saved. 0 F. Accessible, safe & affordable child care/child develo ment lecmem o ortunities created or saved. 0 flo G. Accessibla before/after sehod ram Iscemento rtunities for low-income familles created or saved. 0 H. Accessible new/ reserved/ax ended trans rtation resources available to low-income eo le ubllU ovate 0 I. Accessible new/ eservadrincreased educational and trainin lacemento ortunities fa low-income Bole 0- 2010- 2011 CSBG Work Plan ATTACHMENT C _ 1 of 6 RECIPIENT: 0 CONTRACT: 0 NPl OUTCOME Units Expected - To Se Achieved 2.2 Community Quality of Life and Assets The quality of life and assets in low4manine, neighlourhoods, are improved by Community Action initiative or advocacy as measured by one or more of the following: A. Increase is m mun' assets due to a Change in law/re statiooil"n/ ; resultin - in better uai' of IMe - #of Programs , 0 Sordoes, - - #of 0'- R increase avallabli / reservation of commodity facilities schools ubmries community centers- 0. Increase in the maulabilRy, or preservalion of community services to Improve public health and safety 0 1 0 D. Increase to the availablifty or preservation of commercial services within low-income, net hbomoods 6 0 E. Increase in or preservation of naf hbortwod ualh-oi-life resources 0 0 For each on ,jtovtde a desclilima of what asset, service,or facll' Is beln re Had on. the EXPLANA71ON TAB 2.3 Community Engagement - The number of community members working with Community Action to improve conditions to the COMMUnitY unitmembers mobilized to iddl ate In communirevitalizatlonandinif ova yInlflaWas - "'-' # f Panicipants •- 0ours donatedb lowancome eo le a Sam an the CAA Board of Directorsh Serve on Head Start Poli Councilsc Serve on Famil_Cent"I Parent Councils - - 0 d Serve on other CAA Advlso Boards, councils, or committees e Serve on other commun" advise or overnin hoards or committees as a CAA re resentative - 0 0 AssistwAh r ram acOvfties andl islics - Panic to in advoce to meet a en and communii eels 0 0 I h Partici le In advoca to Influence dices/ ractices of overnment and/or rivate entities IOther CAA cilems or low-income persons volunteer with the agency, 0 0 oai volunteer hours from low income people _0ours donatedb non low-income eolea General Public - bCAA nomlox-income board members d Other non- rofil or overnmente encies 0 0 0d Business Communit e Other otal volunteer hours from non low -Income People - 0 0 0. L-number of volunteer hours donated to the anen2f 02A Employment Ai Jobs Growth from ARRA Funds -The number of jobs created or saved at least in pad by ARRA funds !it Nie createdat least in artby ARRA funds Number of Jobs i 8; Jobs savetl el least in Part by ARIiA funds - - - - 03.1 Community Enhancement through Maximum Feasible Participation -The number of volunteer hours donated to Community Action Total number of volunteer hours donated by LOW-INCOME INDIVIDUALS(only) to Community Action _ # of Hours :.> 0 •', -' - Community Empowerment Through Me airmen Feasible Participation - The n umber low-income people mobilized as a 3,2 direct result of Community Action Initiative to engage in activities that support and promote docir own well-being and that of their community, as measured by dun or more f the following: 'A. Lowincoma alnfomal dldaion-makin communi •or anizations, overnmenl boards orcounciia Loev Number of income People 0 " B. Law -Income People actuildnig businesses in their community as a result of Community Action - 0 C. Low -Income people purchasing their own home in their community as a result of Commodity Action 0 D. Law-incomepeople in non ovemance community actoffiesulgemPs a8stedhupported by Common' Action 0I Expanding Opportunities Through Community -Wide Partnerships -The number Of OrOD"iZatimS. both public and 4.1 private, that Community Action actively works with as a result of CSBG ARRA, to expand resources and opportunities in order to rhi,�e fa ... fly and C'norotitV , A. Non-Profit'_. Noreberof Organizatuati Number Portmoslops of 0_ B. Falih Based - 0 0 C. Local Government 0 0 D, Slate Government Entity0 0 E. Federal Government Entity0 0 F. For -Profit Business or Corporation 0 0 G. Consodlum i/Coilaborallon 0 0 H, Housin Consorllums/Cdlaboratlon o 0 1. School Districts o 0 J. Institutions of post seconds educatiorutraini 0 0 K. Financial/Bankln Institutions 0 0 L. Health Service Institutions 0 0 M. Statowide associations or collaborations 0 0 Others: Ple. aseldenl N. 1 0 z 0 dal un up rcaled number or organizations CAA works with to promotes family and community outcomes I 0 0 2010.2011 CSBG Work Plan ATTACHMENT C _ 2 or 6 RECIPIENT: CONTRACT.0 A. B C NPI OUTCOME Un(ts Expected rose Achieved 5 Agencies Leverage External Resources to Increase Their Capacity to Sena Planned rA. Communl Services Block Grarrt CSBG) 1 0 B. Federal Government Rostrums — Other than CSBG a Weathedzalion Assistance r rani funded by DOE through OCA 0 b LIHEAP - Fuel Assistance HHS 0 c LIHEAP-Weathedzadon HHS 0 ell - Head Start NHS 0 e Earl Head Start HHS 0 OlderAmedcans Ad NHS 0 CSBG HHS 0 h Me dicate/Medicaid HHS 0 ' i Temporary Assistance to Needy Families ANF 0 Child Care Develooment Block Gram from CCDBG 0 Other HHS Resources(Usl In order ofsize. Give the name of the source and the CFOA number. Donoluse k) abbreviations. All HHS CFDAs start wilh "03:) 0 0 0 2 0 p 3 0 0 4 0 0 1 Women. Infam and Children IC USDA 0 m USDA non-food proarams e.. rural development) 0 n All other USDA Food Programs 0 o CDBG federal, state or local 0 Housing Programs funded by HUD 0 1) Sedion8 0 2) Section 202 0 3) Hometenanl based assistance 0 4) HOPE for Homeowners Program 1-141-1 0 5) Emerieraw Shelter Grant Program ram ESGP - 0 8) Continuumof Cate CofC - - 0 cl All other HUD programs including homeless programs 0 r Employment and Turning Pro ems US DOL - - - p s Other US DOL programs 0 - t CorporartJon for National and Commurit Service CNCS m rams 0 u) FEMA 0 v Transportation (US DOT) 0 w Department of Education (EDU) p x Department of Justice DOJ 0 Department of Treasury 0 z Other Federal Sources: List by name of funding source and The CFDA Number. Do not use abbreviations. 0 1 0 0 2 0 0 3 0 0 4 0 0 TOTAL: NON-CSBG FEDERAL RESOURCES 1 0 C. State Resources Non-federal, state,appropthated funds a State appropriated funds used for the same purpose as federal CSBG funds 0 b State Housing and Homeless Programs(including housing tax cxedds 0 c State Nutrition Pronouns 0 di SWIe Day Care and Early Childhood Programs 0 e State Energy Programs 0 Slate Heafth Programs 0 Slate Youth Development Pro rams 0 h State Employment and Trainfina Programs 0 1 Stale Head Stan Programs 0 State Senior Services 0 k Stale Transportation Programs 0 I State Education Programs 0 m Stale Common Rural and Economic Development Programs p n Stele FarNl Develo ment Programs p 2010.2011 CSBG Work Plan ATTACHMENT C q d= RECIPIENT 0 CONTRACT: 0 A. .. IS C , NPI OUTCOME - Units Expected To Be Achieved .e Other Stale Funded rarams: List by name of funding source. Do not use abbreviations. 0 0 0 2 0 0 J 0 0 4) 0 0 TOTAL: STATE RESOURCES 0 D. Local Government Resources e Amount of unfaMrided funds a ro dated bY local ovemmed - 0 b Amount of restricted funds appropriated by local Government 0 c Value of Contract Services - 0 tl Value of in -kind oods/services received from local government 0 el Other Local Government Resources: Give description or name of program. Do NOT abbreviate. 1 0 0 2 0 0 3 0 0 4) D 0 TOTAL: LOCAL GOVERNMENT RESOURCES 0 " E. Private Sector Resources - a Funds from Foundations, Corporations. United Way, other non -profits - 0 b Other donated funds - 0 iii Value of donated items, food, clothing, furniture etc. 0 tl Value of in -kind services received from businesses. - - 0 - , e Pa ments b Cli nts for services 0 . Pa enls b dvale entities for f flows or services for low -Income clients or communities m 0 Other Private Sector Resources :' - - 0 1 0 D 2 0 0 3 0_. 0 4 0 0 TOTAL: PRIVATE SECTOR RESOURCES 0 ' TOTAL TOTALCSBG NON-CSSG RESOURCES FederaWSUdo+Lccal Govemment7rivate Sector), - '' Funds. ..:. _ 0 TOTAL AGENCY. BUDGET' .,, '; - ,. ., ,-.- A. Slaffwho wade with ouslomers In sofsufiden r mremreceivetminln s fidtocese men- emend - -' 0 _ 0 B. Staffwhe work with customers In selfsunicien ro rams receive training specific to farnily development 0. 0 C, Slaffwho work with grantiecontract mane emeat receive traminif loex and/u date/u rade their skills - 0. - 0 D. Fiscal staff attend training on OMB Circular or audit compliance 0 0 E. Fiscal staff receive accounting data collection or mane amen training. 0 0 F. Program staff receive data collection or management training. 0 0 G. Staff or management receive ROMA training from a certified ROMA trainer. 0 0 H. Other trainho received by staff or management. _ 0 0 Total Staff and Mana amen Trainin (Totals forA throw h H above, J. Board members receive trainin related to their roles and rea nsibilities, . 0 0 K. BoeN members receive ROMA tralnina from a cerffied ROMA treiner. 0 0 L. Other treinln receivedb CAA Board members 0 0 TOTAL BOARD MEMBER TRAINING (Total of throu hL.), U 0 The number ofhuman capital resources available - A. Number of C-CAPs 0 13 lNumber of Certified ROMA Trainers 0 C. Number of cedffed Famil Devalo ment Trainers 0 D. Number of Cans fied Child Devalo men(Trainere 0 E. ]Agency staff obtained other credenli¢Ifhat increase theirw actr to achieve results ex lain in narrative 0 F. NumberofslaffwAmana emenlatiandl trainin s 0 G. I Number of board members aflending trainin s 0 H. Hours al staff andmane emerd trainin s 0 I. Hours of board members in trami 0 Client Intake Process - . Amroc1sa comon i -take and common Of is used for all clients 0 A. 2.1A cemman in - take rocesa and common IDR Is used for some clients 0 3. IA se arme m-take process and/or se rate ID# is used for each porain administered 0 Client/Customer Measure Progress; toward Achievement or Self -Sufficiency 1. A a milaesa databases for all clients for use in intake and assessment and rovslon of services 0 S. 2. A en ulilizes databases for some clients for use in intake and assessment and provision of services 0 3. jAgencyuses database for all diem rilawassessrnantrierovislon of services 8 outcome measurement 0 4. lAneny uses database for some diem intakelassessmenUseMce prevision 8 outcome measurement 0 2010.2011 CSBG Work Plan ATTACHMENT 0 4 of 6 RECIPIENT: CONTRACT:0 A: g .. C NPI OUTCOME Units Expected To Be Achieved crept r programs used to manage dlent information and track client progress 1. 0 C. 2. 0 3.10 4. 10 5. 10 -. -, ab ':6-- a •.. A... .. _.._ b ... - � o..... a b._... f .._, eAA aw'erwY �`o`(x: A encyhas the capacity to reportdiemfoustomer progress toward self-sufficiency 1. can miand outcomes that measure progress without use of an outcome scale, 0 A. 2.[Agency jAgency utilizes outcome scales to measure dient movement toward seff-sufflchency 0 3. Athincy has capacity to derive unit cost statistics: costiservice delivered or cost of service perclient 0 4. lAq8ha has wad to derive unit cost statistics for effectiveness: cast per entwine delivered 0 A enc has roweled ROMA trainin within the past 2 ears b a certified ROMA trainer 1. At lead half U the AmenAmency, board has received ROMA training - 0 B. 2. jAgoncy management staff has received ROMA training 0 3. Aen - su22NIM staff has received ROMA training - - 0 4. A an Ilse stag has rawlved ROMA trainin 0 Agencyprogiannsachieved accreditation demonstrating they meet or exceed nationally recognized standards C. 1. Irariv childhood care and education sites receive NAEYC or other recognized forms of awredllstlon 0 2. IPmarfiniii achieve other form of remanized accreditation. 0 A en Is im emenlin- ROMA tools and management radices 0 1. Aen " has adopted and implement logic models for key programs and activities 0 2. Agancy programs and adivftles are evaluated using ROMA pprincipals - - - 0 3, IFOCAS & IS Survey reports are prievided to, reviewed & discussed with board members at least quarterly, - 06.1 A. thoseridepondent Living -The number of vulnerable individuals rectiv log services from Community Action who maintain an �ndnpombmtfivfing situation as a result of Saniar Chllzans 68'eareoldorolder '' - - - - - - 4; of --` 0 Intllvlduals with Disabilities - -- ? 0 ' ne0-d7 1. Anne 0 9, _ 2, A es 18. 54 ,'" 0 3, [Ages55 and Over --' "' - - 0 NOTE: Santoro am also included within the "66 and Over" cgefivy 6.2 Emergency Assistance � The number of low income individuals served by Community Action, wise Sought emergency assistance and the ..mb,, of thusi individuals far whom assistance was provided, including such seerices, asz private #of ]individuals Achieving OLitcome B. Emergency Fuel or L)MIly payments(Including LIHEAP or other public or funding source 0 C. Emergency Rent or Mortgage Assistance 0 O. Emergency Car or Home Repair i.e. structural appliance, heating system. etc. 0 E. EmemencyTemporary Shelter 0 F. Eme en Medical Care 0 G. Eme enc Pmtedionfrom Vdence- 0 'H. Emergency Legal Assistance 0 I. EmermoncyTransponallon - - 0 J. Eme ncy Dtanster Relief 0 K. 0 jEwEgenRyClothing L. PraNdelrenstauon assistance lnorder for neass, to receive emer en sarvicas L 0 -- 6.3 Child and Family DeVelopmena , The atuabof and pErCentatio of Oil hifientsi children, youth, parents, and othe, adults participating in developmental or enrichment programs who achieve program goals. as measured by on* or more of the foll.whig: 1 Ifl(antsand children obtain a ea o rot data In)munizmions m dlml antl dental care - it of Individuals Achieving Outcome 0 Infants and children health and phyalcal development are Improved as a result of adequate nutrition 0 _2L ,3 Chlidren participate in re -school activities to develop school readiness skills. 0 -4 Children Parilcipatin In for Kinder anon or lsiGrotla 0 e Woolactivilies jj,�1jjkffl1gAk11%a1dy 1 Youth Improve health and physical development - 0 2 Youth Improve sotlatlemollonai development 0 JL Youth avoid risk -taking behavior for a defined period of time 0 4 Youth have reduced Involvement with criminal Justice system 0 Youth increase academic aihlelowsodd skills artici atin Inbeforeorafferschooi rams 0 A5 D i - •,-.; 7 Parents and other adults team and exhibit improved parenting skills 0 2) Parents and other adults learn and exhibit Improved family funcUoning stills 0 2010 - 2011 CSBG Wont Plan ATTACHMENT C 5 of 8 CONTRACT: NPl OUTCOME Units Expected To Be Achieved 6.4 Family Supports -Low-income people who are unable to work, especially seniors, adults with disabilities, and caregivers, for wh am barriers to fare ily stability are roduc ed or eliminated as measured by one or m ore of the Enrolled children in before oraher school programs #01 Ind,deils Enroli.d 0 Obtained care for child or other dependent 0 Obtained access to reliable transportation and/or drivers license - 0 Obtained health pre services for themselves or a familymember 0 [H. Obtained safe and affordable housing0 Obtained food assistance 0 Obtained non-eme en LIHEAP enemyassistance 0 Obtained non-eme en W7(ener assistance- 0 Obtained other ndmemeren ene assistance SlalellocaV owls ene mom W NOT lndude LIHEAP"WX - 0 6.6 A. Service Counts -Tire numberofservices provided to lowd n come individuals andlorfamilles as measured by oneor more of the following Food Boxes #of Services 0-" B. Pounds of Food 0 C. Units of Clothing 0 D. Rides Provided 0 E. Information and Rate"] Calls 0 2010 - 2011 CSBG Work Plan ATTACHMENT C a d s CSBG ATTACHMENT D PROGRAM STATUTES AND REGULATIONS A, INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Both the Recipient and the Department shall be governed by applicable laws and local rules; including, but not limited to: (1) The Omnibus Budget Reconciliation Act of 1981, (Public Law 97-35, as amended), Administrative Rule Chapter 73C-21, Florida Administrative Code, and Title 45 C.F. R. Part 96; (2) The provisions of Public Law 105-285, Title II — Community Services Block Grant Program, Subtitle B — Community Services Block Grant Program of the Community Services Block Grant Act, the provisions of the current approved Community Services Block Grant State Plan, including all approved amendments or revisions; (3) Department of Health and Human Services regulations codified in Title 45 of the Code of Federal Regulations are applicable: 1. Part 16, Procedures of the Departmental Grant Appeals Board; 2. Part 30, Claims Collection; 3. Part 73b, Debarment and Suspension from Eligibility for Financial Assistance (Non - procurement); 4. Part 80, Nondiscrimination Under Programs Receiving Federal Assistance through the Department of Health and Human Services, Effectuation of Title VI of the Civil Rights Act of 1964; 5. Part 8, Practice and Procedure for Hearings under Part 80 of this Title; 6. Part 84, Non-discrimination on the Basis of Handicap in Programs and Activities Receiving Federal Financial Assistance; 7. Part 86, Non-discrimination on the Basis of Sex in Education Programs and Activities Receiving or Benefiting from Federal Financial Assistance; 8. Part 87, Equal Treatment for Faith -Based Organizations; 9. Part 91, Non-discrimination on the Basis of Age in HHS Programs or Activities Receiving Federal Financial Assistance; 10. Part 93, New Restrictions on Lobbying; 11. Part 96, Block Grants; 12. Part 97, Consolidation of Grants to the Insular Areas; 13. Part 100, Intergovernmental Review of Department of Health and Human Services Programs and Activities. 22 CSBG ATTACHMENT D PROGRAM STATUTES AND REGULATIONS B, FUNDING AVAILABILITY FOR EXPENDITURE Funds are available for expenditure in accordance with Title VI of Public Law 97-35 as amended by P.L. 105-277, 45 CFR Part 96. For States local governments and Indian Tribes follow OMB Circular A-87 for cost principles (Relocated to 2 CFR, Part 225), OMB Circular 102 for administrative requirements and OMB Circular A-133 for audit requirements and the laws and procedures applicable to the Community Services Block Grant Program. For Non- profit organizations follow OMB Circular 1-122 for cost principles (Relocated to 2 CFR Part 230), OMB Circular A-110 for administrative requirements (Relocated to 2 CFR, Part 215) and OMB Circular A 133 for audit requirements and the laws and procedures applicable to the Community Services Block Grant Program. The Community Services Block Grant program is authorized and funded through the United States Department of Health and Human Services. C. PROJECTS OR PROGRAMS FUNDED IN WHOLE OR PART WITH FEDERAL MONEY The Recipient assures, as stated in Section 508 of Public Law 103-333, "when issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds, including but not limited to State and local governments and recipients of Federal research grants, shall clearly state: (1) the percentage of the total costs of the program or project which will be financed with Federal money, (2) the dollar amount of Federal funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or program.that will be financed by non -governmental sources. D. PROGRAM INCOME Program income is gross income received that is directly generated by the federally -funded project during the grant period. The recipient may apply program income, excluding interest income, to meet matching requirements, or may reprogram it for eligible program activities. The amount of program 23 CSBG ATTACHMENT D PROGRAM STATUTES AND REGULATIONS income and its disposition must be reported to the Department on the monthly financial status reports and at the time of submission of the final close-out report. E. INTEREST FROM CASH ADVANCES Non-profit Recipients shall invest cash advances in compliance with section .22 of CFR 215 (previously OMB Circular A-110). Local Governments shall invest cash advances in compliance with section .21 (h) (2) (i) of the Common Rule. All Recipients shall maintain advances of Federal funds in interest -bearing accounts, unless the following applies: (1) NON -PROFITS ONLY: (a) The Recipient receives less than $120,000 total from all federal awards per year. (b) The best reasonably available interest bearing account would not be expected to earn interest in excess of $250 per year on Federal cash balances from all Federal awards received each year. (c) The depository. would require an average or minimum balance so high that it would not be feasible within the expected Federal and non -Federal cash resource. Interest earned off cash advances shall be reflected on the monthly financial status report and the close-out reports. (2) LOCAL GOVERNMENTS Except for interest earned on advance of funds exempt under the Intergovernmental Cooperation Action (31 U.S.C. 6501 et, seq.) and the Indian Self -Determination Act (23 U.S.C. 450), grantees and sub -grantees shall promptly, but at least quarterly, remit interest earned on advances to the Federal agency. The grantee or sub -grantee may keep interest amounts up to $100 per year for administrative expenses for all interest accrued from all federal awards received. The interest maintained for administrative expenses must be proportionate to the program's contribution to the interest earned. F. MODIFICATIONS (1) The Department shall not be obligated to reimburse the Recipient for outlays in excess of the funded amount of this Agreement unless and until the Department officially approves such expenditures by executing a written modification to the original contractual Agreement. 24 A11AUt11v1E1V'11) PROGRAM STATUTES AND REGULATIONS (2) The following conditions will govern modifications to this agreement: (1) The Department shall not be obligated to reimburse the Recipient for outlays in excess of the funded amount of this Agreement unless and until the Department officially approves such expenditures by executing a written modification to the original Agreement. (2) Budget changes must not result in over expenditure of the amounts stated in section (17)(a) of this agreement, nor the. limits set for administrative or secondary administrative expenses. (3) The line item budget, as given in Attacbment B-1 of this Agreement and reported on the monthly financial status reports, may not be altered without awritten budget.modification. submitted in accordance with the.terms.belaw: (a) The Recipient must use a Department approved Modification package. (b) Only unobligated funds may be transferred from one line item to another line item- (c) The Recipient may transfer unobligated, budgeted line items within a budget category as long as the budget category subtotal remains the same. For the purpose. of transferring funds, the following are considered budget categories: Administrative Expenses, Program Expenses and Secondary Administrative Expenses_ (d). Each modified line item must meet all contractual minimum and maximum percentage budget requirements. (e) All requests for modifications to increase or decrease any line item mustbe submitted to the Department.£or approval thirty (30) days prior to.the anticipated implementation date. Failure to meet this time frame may result in reimbursement delays. (f) A letter of explanation and a completed modification package (Budget Summary, Sub -Recipient Information (if applicable), Budget Detail, Secondary Administrative Expenses (if applicable) and Workplan, must be signed by the Recipient and submitted to the Department and approved prior to the submission of a financial status report in which the changes are implemented. (g) Upon approval, the Recipient's budget detail will be revised in the Department's electronic payment system. (h) None of the budget transfers may violate this Agreement or 2 CFR 215 (previously OMB Circular A-110), 2 CFR 225 (previously OMB Circular A-87), 2 CFR 220, (previously OMB Circular A-21) and 2 CFR 230 (previously OMB Circular A-122). The budget revision(s) will be reviewed by the Department for compliance with these circulars. 25 CSBG ATTACHMENT D PROGRAM STATUTES AND REGULATIONS G. MATCH REQUIREMENTS (1) The Recipient shall match the CSBG funds identified in Section (17)(a) by an amount equal to at least 20 percent of the funds received. Not less than 10 percent of the match shall be in cash. That is, the Recipient shall supply a cash match equal to at least 2 percent of the CSBG funds expended. In -kind match sources shall absorb the balance of the overall minimum 20 percent requirement. (2) The Recipient shall provide as matching funds for services under this Agreement the amounts reflected in Attachments B-1, Budget Summary and B-3, Budget Detail. (3) Sources of matching fimds and expenditures for all funds under this Agreement shall be governed by the Budget, Attachment B of this Agreement. CSBG funds may not be used in part or in whole to meet the two percent cash match requirement. H. CSBG CLIENT ELIGIBILITY AND CLIENT RECORDS (1) The Recipient shall certify that each household receiving CSBG funded services is income eligible. The sum of all countable income from all household members must be used in determining eligibility. The total household income cannot exceed 125 percent of the current Office of Management and Budget Poverty Guidelines. A "household" is an individual or group of individuals living together as one economic unit. The Recipient must maintain income documentation of all household income sources that is no more than one year old. In the event that the applicant cannot provide income documentation, the Recipient shall require the applicant to provide a signed certification of eligibility to attest to the applicant's verbal declaration of total household income. This certification must specify the reasons that no current documentation can be supplied by the applicant and a statement of how the applicant is providing for his/her basic needs. (2) The Recipient will maintain a separate record for each CSBG client which includes at least the following data: name, address, sex, race, age, income amount and method of verification for each member of the client's household, date client was interviewed, services provided to the client and documentation of any denial of client services. All CSBG assistance applications must be signed by the client and by the Recipient's representative. 26 CSBG ATTACHMENT D PROGRAM STATUTES AND REGULATIONS (3) Recipients are required to have written applicant appeal procedures. Any applicant denied CSBG services must be provided a written notice of the denial which includes the appeals process and the reason(s) for the denial. In cases where the denial is for lack of documentation. (4) the agency must explain what specific documents are required in order for the applicant to reapply for services. (5) All records, correspondence, employee time sheets, board minutes, board meeting notices and other documents related to CSBG funded activities shall be available for public inspection during normal business hours. I. MONITORING (1) The Recipient shall allow the Department to carry out monitoring, evaluation and technical assistance and shall ensure the cooperation of its employees, and of any sub -recipients with whom the Recipient contracts to carry out program activities. (2) Training and technical assistance shall be provided by the Department, within limits of staff time and budget, upon request by the Recipient and/or upon determination by the Department of Recipient need. J. BONDING (1) Non -Profit Or anizations: The Recipient agrees to purchase a blanket fidelity bond covering all officers, employees and agents of the Recipient holding a position of trust and authorized to handle funds received or disbursed under this Agreement. Individual bonds apart from the blanket bond are not acceptable. The amount of the bond must cover each officer, employee and agent up to an amount which is equal to at least one-half of the total CSBG contract amount. (2) Local Governments: The Recipient agrees to purchase a fidelity bond in accordance with Sectionl 13.07, Fla. Stat and/or Section 624.4622 Fla, Stat. The fidelity bond must cover all officers, employees and agents of the Recipient holding a position of trust and authorized to handle funds received or disbursed under this Agreement. 27 CSBG ATTACHMENT E REPORTS A. Annual reports (1) Within 45 days after the end of the Agreement, the Recipient shall submit the CSBG Close-out Report, including the CSBG Final Financial Report, a refund check for any unspent funds, and the CSBG Final Program Report. (2) Recipients will complete and submit the CSBG Information System Survey. The Recipient will be notified in writing of the due date. (3) Recipients that are below the $500,000 threshold of all Federal awards in its fiscal year and thus are exempt from the federal single audit act requirements, shall submit with their contract proposal a copy of their most recent IRS from 990. B. Quarterly Reports The CSBG Quarterly Reports must be provided to the Department no later than twenty-one days following of the end of the quarter. For the purposes of this contract, the ending date of the quarters shall be December 31, March 31, June 30 and September 30. C. Monthly reports The CSBG Monthly Financial Status Reports must be provided to the Department no later than the twenty-first (21 st) day of each month following the end of the reporting period regardless of whether or not funds were expended. Reimbursement of expenditures shall be based on this report. Only with prior approval by the Department will more than one reimbursement be processed for any calendar month. D. Board Minutes (1) Draft board meeting minutes from all CSBG Board of Directors' meetings must be provided to the Department no later than 15 working days from the date of the meeting. (2) Documentation of public notice of each CSBG board meeting must be provided to the Department with the above referenced draft board minutes. (3) Official approved minutes from all CSBG Board meetings must be provided to the Department no later than 15 working days from the date of the meeting in which the minutes are approved. 28 CSBG ATTACHMENT E REPORTS E. Monitoring Report Responses A written response to all monitoring report findings and/or concerns must be provided to the Department no later than 35 days from the date of the monitoring report. F. Board Roster - When board members or officers change, the Recipient within 30 days will provide a revised board roster to the Department. The board roster format which is included with the contract documents and instructions should be used to provide the Department with the following information: (1) Name of Board Member (2) Mailing Address separate from agency address (No post office box numbers) (3) E-Mail Address (4) Telephone Numbers (Home, Cell, Fax) (5) Entity Represented (for public or private sectors) (6) Low Income Sector Representation: List Neighborhood represented) (7) Date when originally seated on Board (8) Date when seated for current term (9) Total number of years on board (10) Ending date of current term G. Cost Allocation Plans - 2 CFR Part 215, Subpart C, Section 215.21(6) requires that recipients financial systems provide for a written procedures for determining the reasonableness, allocability, and allowability of costs in accordance with the provisions of the applicable federal cost principles and terms and conditions of the award. To document this, Recipients must submit with copies of the written cost allocation plans to the Department with their contracts. H. Upon reasonable notice, the Recipient shall provide additional program updates or information as may be required by the Department, including supporting or source documentation for any reports identified in this section. 29 CSBG ATTACHMENT E REPORTS I. The reports shall be submitted to: Ms. Paula Lemmo, Community Program Manager Department of Economic Opportunity Division of Community Development Office of Housing and Community Development Community Assistance Section 107 East Madison Street MSC 400 Tallahassee, Florida 32399-4120 30 CSBG ATTACHMENT F PROPERTY MANAGEMENT AND PROCUREMENT Recipient shall comply with property management standards for non -expendable property equivalent, at a minimum, to OMB Circular A-102, revised or OMB Circular A-110, revised, Subpart C, Post Award Requirements, and the awarding federal agency's "Common Rule." 31 CSBG ATTACHMENT G STATEMENT OF ASSURANCES A. Interest of Certain Federal Officials No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. B. Interest of Members, Officers, or Employees of Recipient, Members of Local Governing Body, or Other Public Officials No member, officer, or employee of the grantee, or its delegates or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract, subrecipient agreement or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. The grantee shall incorporate or cause to be incorporated in all such Agreements, a provision prohibiting such interest pursuant to the purposes of this subsection, No board member, officer or employee will be permitted to receive any remuneration or gift in any amount. Board members may receive travel expenses in accordance with s. 112.061, Florida Statutes. C. Nepotism The grantee agrees to abide by the provisions of s.112.3135, Florida Statutes, pertaining to nepotism in their performance under, this Agreement. D. CSBG Assurances The grantee hereby assures and certifies as a condition of receipt of Community Services Block Grant funds, that it and its subrecipients will comply with the applicable requirements of Federal and State laws, rules, regulations, and guidelines. As part of its acceptance and use of CSBG funds, the grantee assures and certifies that: (1) The grantee possesses the legal authority to apply for the grant, and that the contract proposal has been approved by the grantee's governing body, including all assurances contained herein. (2) The grantee will use all CSBG funds to provide services and activities having measurable and potentially major impact on causes of poverty in the community. Funds not used during the contract period will be returned to the Department of Economic Opportunity with the close-out report on or before the due date. 32 CSBG ATTACHMENT G STATEMENT OF ASSURANCES (3) The recipient assures and provides documentation that the Community Services Block Grant board is administered through a tri-partite board that meets the requirements of 73C- 21.011, F.A.C. and 42 U.S.C.9910, Section 676B. The board of directors will fully participate in the development, planning, implementation, and evaluation of the CSBG program to serve low- income communities. (4) Procedures will be in place which will allow low-income individuals, community organizations and religious organizations to petition for adequate representation on the board if they feel inadequately represented. (5) The Recipient assures that all board of directors meetings and board committee meetings are timely noticed at least seven (7) days but not more than thirty (30) days prior to the date on which the meeting is scheduled. Such notices must be given by publishing meeting information in local media (newspapers, radio, etc.) or other methods acceptable under the Florida Sunshine Law (Section 286.011, Fla. Stat.). If immediate danger to the public health, safety or welfare occurs requiring emergency action by the board, a board meeting may be scheduled by any procedure that is fair under the circumstances and necessary to protect the public interest. (6) The Recipient will provide for coordination among anti -poverty programs in each community. (7) The Recipient possesses the sound fiscal controls and fund accounting procedures necessary to adequately safeguard the assets of the agency, check the accuracy and reliability of accounting data, promote operating efficiency and maintain compliance with audit procedures and prescribed management policies,of the agency. (8) The Recipient will permit and cooperate with Federal and State investigations designed to evaluate compliance with the law. The Recipient will notify the Department in writing immediately of any allegations or acts pertaining to fraud or the misuse of CSBG funds. (9) The Recipient will give the Department, the Auditor General or any authorized representative complete access to examine all records, books, papers or documents related to all fiscal and program operations of the grant, including those of any sub -recipient. (10) The Recipient will comply with non-discrimination provisions, in accordance with Florida Statutes; section 678(F)(c)(1) of Public Law 97-35, as amended; Titles VI and VII of the Civil Rights Act of 1964; and 45 C.F.R. Parts 84, 86 and 90. 33 CSBG ATTACHMENT G STATEMENT OF ASSURANCES (11) The Recipient will comply with the match, requirements of this Agreement and maintain verification of type and source. (12) The Recipient will comply with section 678F(a)(1) of Public Law 97-35, as amended, which prohibits use of CSBG funds for purchase or improvement of land, or the purchase, construction, or permanent improvement of any building or other facility. (13) CSBG administrative expenses shall not exceed 15 percent of the total final CSBG expenditures (match excluded) at close out. Any amount in excess of this limit shall be refunded to the Department at time of contract close out. be met: (14) If secondary administrative expenses are requested, the following conditions must (a) CSBG Budget and Secondary Administrative Expenses, Attachment B and Scope of Work and Quarterly Report Form, Attachment C must document how these expenses will be used to support eligible CSBG Community Action Plan activities. (b) The administrative expenses of the secondary grant source must be fully utilized prior to using CSBG funds for secondary administrative expenses. (c) CSBG funds may not be used to increase administrative expenses for a secondary grant source above 15 percent of the secondary grant source's total giant amount. (d) Only the Recipient is eligible for these funds. Secondary administration may not be claimed or used by sub -recipients. (e) All contracts and fiscal expense documentation related to the grant sources for which secondary administration is claimed must be made available to the Department upon request. (f) Audit costs, travel and association dues are not allowable secondary administrative expenses. (g) Under no circumstances shall secondary administrative expenses be approved for costs already covered by the secondary grant source, nor for any other administrative costs exceeding the total of 15 percent of the total secondary grant source budget (15) If the Recipient administers a transportation program, it will comply with Chapter 427, Florida Statutes so that it will coordinate with the appropriate transportation provider(s). 34 CSBG ATTACHMENT G STATEMENT OF ASSURANCES (16) The CSBG application and all its attachments, including budget data, are true and correct. (17) In accordance with section 678F(b)(1)(2) of Public Law 97-35, as amended, the Recipient will prohibit any political activities by the Recipient or employees in accordance with the Hatch Act restrictions on political activity. (18) In accordance with section 678(G)(a) of Public Law 97-35, as amended, the Recipient may conduct drug testing on CSBG program participants.' If the Recipient does so, it must inform participants, who test positive, and refer them to treatment facilities. (19) In accordance with section 678G(b) of Public Law 97-35, as amended, the Recipient assures that it will inform custodial parents in single parent homes who participate in CSBG- funded programs about the availability of child -support services and refer them to the appropriate state and local child support offices. (20) In accordance with section 676(b)(11) and section 676(b)(3) of Public Law 97-35, as amended, the Recipient must provide the Department with an agency Community Action Plan that consists of the following: (a) A community needs assessment (including food needs); (b) A description of the service -delivery system targeted to low-income individuals and families in the service area; (c) A description of how linkages will be developed to fill identified gaps in services through information, referral, case management, and follow-up consultation; (d) A description of how funding under this Act will be coordinated with other public and private resources; and (e) A description of outcome measures to be used to monitor success in promoting self-sufficiency, family stability, and community revitalization. (21) The Recipient assures that the Work plan, Attachment C to this agreement is consistent with the most current Community Action Plan officially adopted by the Recipient's board of directors. 35 CSBG ATTACHMENT G STATEMENT OF ASSURANCES (22) The Recipient agrees to comply with Public Law 103-227, Part C, Environmental Tobacco Smoke, also known as the PRO -KIDS Act of 1994 (Act), which requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted by an entity and used routinely or regularly for the provision of health, day care, education, or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments. Federal programs include grants, cooperative agreements, loans or loan guarantees, and contracts. The law does not apply to children's services provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for in -patient drug and alcohol treatment. (23) The Recipient assures that the above language contained in Section (22) of Attachment G of this Agreement will be included in any sub -contracts which contain provisions for children's services and that all sub -recipients shall certify compliance accordingly. Failure to comply with the provisions of this law may result in the imposition of a civil monetary penalty of up to $1000 per day. (24) The Recipient assures, as stated in Section 507 of Public Law 103-333, that to the greatest extent practicable, all equipment and products purchased with funds made available in this Act should be American made. (25) The Recipient agrees to adhere to a provision of section 675C(a)(3) of Public Law 97- 35, as amended and the FFY 2011 and FFY 2012 CSBG State Plan regarding the recapture of unobligated funds. Funds allocated in this contract and not obligated by the Recipient during the contract period, will be returned to the Department at the time of close out. Unobligated funds in excess of 20 percent of the amount allocated to the Recipient will be surrendered to the Department. The balance ofunobligated funds up to 20 percent will be re -contracted to the Recipient during the next contracting cycle. (26) Each Recipient receiving an allotment for a fiscal year shall adhere to the Application and Plan assurances set forth in section 676 of Public Law 97-35, as amended. (27) This Agreement has been approved by the Recipient's governing body by official action, and the officer who signs it is duly authorized to do so. 36 CSBG ATTACHMENT G STATEMENT OF ASSURANCES (28) The Recipient shall secure and maintain an internet computer service and notify the Department of their a -mail address. (29) The Recipient shall develop a Memorandum of Understanding with all Work Force Florida, Incorporated boards in their service area. The Memorandum of Understanding shall detail cooperative workforce training and employment efforts and shall describe the actions that will be taken by both parties, toassure the coordination and partnership of the CSBG program and Work Force Florida, Incorporated "One -Stop" delivery system, services and information. (30) When providing rental or mortgage assistance with CSBG funds, the Recipient will secure either a rental/lease agreement or mortgage documentation and place a copy of the documentation in the client's file. (31) Direct Federal grants, sub -awards, or contracts under CSBG shall not be used to support inherently religious activities such as religious instruction, worship, or proselytization. Organizations must take steps to separate, in time or location, their inherently religious activities from the services funded under the CSBG program. Regulations pertaining to the prohibition of Federal funds for inherently religious activities can be found on the HHS website at: httv://www.os.dhbs.gov/fbel/waisgate2l.pdf (32) This award is subject to the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104). The use of Federal funds from this agreement constitutes the Grantee's acceptance of these terms and conditions. (33) The Recipient will have appropriate staff attend training sessions as determined by the Department to cover CSBG policies and procedures. 37 CSBG ATTACHMENT H SPECIAL CONDITIONS A. The Recipient and its sub -recipients shall comply with the following special conditions: None. B. Failure of the Recipient or its sub -recipients to comply with the special conditions under this Agreement shall be cause for the immediate suspension of payments, and may be cause for the immediate termination of this Agreement. 38 CSBG ATTACHMENT Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion NOTE: Prior to issuing subawards or contracts under this Agreement, the Recipient must consult the Excluded Parties List System (EPLS) to ensure that organizations under funding consideration are not ineligible. The list is available on the Web at http://www.eRls.aov. (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the lower tier participant is unable to certify to the above statements in this certification such prospective participant shall attach an explanation to this form. Participant's Name By Signature Recipient's Name Name & Title DEO Contract Number Street Address City, State, Zip Date ki9 ATTACHMENTJ, WARRANTIES AND REPRESENTATIONS Financial Management Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program. (2) Records that identify adequately the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures for determining the reasonableness, allowbility and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (6) Accounting records, including cost accounting records that are supported by source documentation. Com etition All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain bade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror M CSBG ATTACHMENT WARRANTIES AND REPRESENTATIONS shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of Conduct The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from at least am. to p.m. (weekdays). Licensing and Permitting All subcontractors or employees hired by the Recipient or any subrecipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 41 ATTACHMENT K JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT NAME: CONTRACT NUMBER: Indicate by checking one of the boxes below, if you are requesting an advance. Any advance payment under this Agreement is subject to s. 216.181(16)(a)(b), Florida Statutes. The amount ofthe advance shall not exceed the expected cash needs of the recipient within the Initial three months. [ ] NO ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information Is required. [ ] ADVANCE REQUESTED (SEE BELOW) Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. ADVANCE REQUEST WORKSHEET: If you are requesting an advance, complete the following worksheet. DESCRIPTION (A) (B) (C) (D) 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS Plyide line 2 by line 1. Start will the month in which any contract funds were expended. It you do not have this Information, call your financial specialist and they will assist you. MAXIMUM ADVANCE ALLOWED CALULATION X S _ Cell D3 _ CSBG AWARD MAXIMUM (Do not include match) ADVANCE 7f your advance request exceeds 25 percent of the contract allocation, complete the Budget and Justi}icadan section below. X .25 — CSBGAWARD - 25%of ALLOCATION REQUEST FOR WAIVER OF CALCULATED MAXIMUM [ ] Recipient has no previous CSBG contract history. Complete Estimated Expense chart below. [ ] Recipient has exceptional circumstances that require an advance greater than 25% of the contract allocation or the Maximum Advance calculated above. Complete Estimated Expense chart below. Attach additional pages if needed. ESTIMATED RXPF.NSF. III IDAF.T _RTQTITi V` A TQK BUDGET CATEGORY 2012-2013 Anticipated Expenditures for First Three Months of Contract ADMINISTRATIVE COSTS Include Secondary Administration PROGRAM EXPENSES — Direct Client Assistance Expenses (Include recipient and sub -recipient expenses.) PROGRAM EXPENSES — Other Program Expenses (Include recipient and sub- reci ient expenses.) TOTAL EXPENSES Explanation of Circumstances: 42 TO: SUBMITTED BY: SUBJECT: BACKGROUND: ITEM NO. DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Planning & Development Services St. Lucie County International Airport VI-D1 07/17/12 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED %,,BY: Todd A. Cox'tl Airport Mana r Wildlife Hazard Assessment Grant — Federal Aviation Administration (FAA) See attached memorandum. FUNDS AVAILABLE: 140139-4220-531000-4953 — Professional Services (pending BOCC approval). PREVIOUS ACTION: N/A. COMMISSION ACTION: Board acceptance of the FAA Grant Offer (Project Number 3-12-0023-033-2012) in the amount of $123,342 for the Wildlife Hazard Assessment, approval of Budget Resolution No. 12-134, and authorization for the Chairman to sign documents as approved by the County Attorney. CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney ( ) OMB Director ( ) i n 1% as pa— Budget Analyst V y ��r���'��Vll Daniel . McIntyre Intyre Marie Gouin Heather Young Patty Marston Purchasing ( ) ERD ( ) Desiree Cimino Melissa Simberlund Originating Dept. ( ) Mark Satterlee Planning and Development Services Department Airport Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Director Planning & Development Services FROM: Todd A. Cox, C.M., Airport Manage DATE: July 17, 2012 SUBJECT: Wildlife Hazard Assessment Grant — Federal Aviation Administration (FAA) ITEM NO. VI-D1 Background: This agenda request is for Board action on two items. The first item is acceptance of the attached Federal Aviation Administration (FAA) grant offer of $123,342 for the Wildlife Hazard Assessment and Management Plan. The second item is the attached Budget Resolution establishing the project funds. Federal Aviation Administration (FAA) Grant Assurances stipulate that an airport sponsor "will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards." FAA Advisory Circular (AC) 15015200-33B, "Hazardous Wildlife On or Near Airports", stipulates that airports that have received Federal grant-in-aid assistance must use these standards. Per recent changes to the FAA's Wildlife Hazard Management Program, Group 1 general aviation airports, categorized as having an average of 75,000 or more operations per year of which more than 100 are jet operations, are required to initiate a 12-month wildlife hazard assessment by the end of Fiscal Year 2013. This project complies with this new regulatory requirement. The funding for this project was originally approved by the Board under the FY 2012 Capital Budget Plan and funds are available with no impact to the General Fund. Project funding consists of a FAA 90% match share of $123,342, a FDOT 5% match share of $6,852 (Item VI-D2) and a local 5% match share of $6,852. Recommendation Board acceptance of the FAA Grant Offer (Project Number 3-12-0023-033-2012) in the amount of $123,342 for the Wildlife Hazard Assessment, approval of Budget Resolution No. 12-134, and authorization for the Chairman to sign documents as approved by the County Attorney. �r GRANT AGREEMENT U. S. Department of Twnspodation Federal Aviation Administration Date of Offer: June 7, 2012 Project Number: 3-12.0023.033.2012 Recipient: St. Lucie County (Herein called Sponsor) Airport: St, Lucie County International Airport OFFER THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share, ninety percent (90°h) of the allowable costs incurred in accomplishing the project consisting of the following: "Conduct Wildlife Hazard Assessment and Management Plan" as more particularly described in the Project Application dated March 9, 2012. The maximum obligation of the United States payable under this Offer shall be $123,342 for planning. This offer is made in accordance with and for the purpose of carrying out the applicable provisions of the Federal Aviation Act of 1958, as amended, codified at Title 49 of the United States Code. Acceptance and execution of this offer shall comprise a Grant Agreement, as provided by Title 49 of the United Slates Code, cons8tuting the contractual obligations and rights of the United States and the Sponsor. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION ACCEPTANCE Acting Manager, Airports District Of The Sponsor agrees to accomplish the project in compliance with the terms and conditions contained herein and in the document "Terms and Conditions of Accepting Airport Improvement Program Grants° dated April 13, 2012, Executed this _ day of , 20 (Seal) Attest Name of Sponsor Signature of Sponsors Designated Official Representative Title Title CERTIFICATE OF SPONSOR'S ATTORNEY acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the Stale of Florida. Further, I have examined the foregoing Grant Agreement, and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsors official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the applicable provisions of the Federal Aviation Act of 1958, as amended, codified at Title 49 of the United Stales Code. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Signature of Sponsors Attorney Date RESOLUTION NO. 12-134 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 Aviation Administration (FAA) through a Grant Agreement, in the amount of $123,342, as funding for the Wildlife Hazard Assessment and Management Plan at the St. Lucie County International Airport. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 17th day of July, 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 140139-4220-331411-4953 FAA $123,342 APPROPRIATIONS 140139-4220-531000-4953 Professional Services $123,342 After motion and second the vote on this resolution was as follows: Commissioner Tod Mowery, Chairman XXX Commissioner Paula Lewis, Vice Chair XXX Commissioner Chris Craft XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED THIS 17TH DAY OF JULY 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY y AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Planning & Development Services St. Lucie County International Airport ITEM NO. VI-D2 DATE: 07/17/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Todd A. Cox 1£ / Airport Manag r SUBJECT: Wildlife Hazard Assessment Grant — Florida Department of Transportation (FDOT) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140-4220-563000-4804 — Infrastructure (pending BOCC approval). PREVIOUS ACTION: N/A. RECOMMENDATION: Board approval of Resolution No. 12-132 accepting FDOT JPA in the amount of $6,852 for the Wildlife Hazard Assessment, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Coordination/Signatures Faye W. Outlaw, MPA County Administrator, ICMA-CM County Attorney ( ) OMB Director lsrs-6N Budget Analyst Daniel . McIntyre Marie Gouin Heather Young Patty Marston Purchasing ( ) ERD ( ) Desiree Cimino Melissa Simberlund Originating Dept. ( ) Mark Satterlee Planning and Development Services Department Airport Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Director, Planning & Development Services FROM: Todd A. Cox, C.M., Airport Manager " DATE: July 17, 2012 SUBJECT: Wildlife Hazard Assessment Grant — Florida Department of Transportation (FDOT) ITEM NO. VI-D2 Backaround: This agenda request is for Board action on two items and is a companion to Agenda item VI-D1. The first item is acceptance of the attached Florida Department Transportation (FDOT) Joint Participation Agreement (JPA) in the amount of $6,852 for the Wildlife Hazard Assessment and Management Plan. Per recent changes to the FAA's Wildlife Hazard Management Program, Group 1 general aviation airports, categorized as having an average of 75,000 or more operations per year of which more than 100 are jet operations, are required to initiate a 12-month wildlife hazard assessment by the end of Fiscal Year 2013. This project complies with this new regulatory requirement. The funding for this project was originally approved by the Board under the FY 2012 Capital Budget Plan and funds are available with no impact to the General Fund. Project funding consists of a FAA 90% match share of $123,342 (Item VI -DI), a FDOT 5% match share of $6,852 and a local 5% match share of $6,852. Recommendation Board approval of Resolution No. 12-132 accepting FDOT JPA in the amount of $6,852 for the Wildlife Hazard Assessment and authorization for the Chairman to sign documents as approved by the County Attorney. RESOLUTION NO. 12-132 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROD. NO. 432394-1-94-01) FOR THE WILDLIFE HAZARD ASSESSMENT FOR THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for the Wildlife Hazard Assessment for the St. Lucie County International Airport (Fin. Proj. No. 432394-1-94-01). 2. The Board should authorize and approve execution of the Public Transportation Joint Participation Agreement with the State of Florida Department of Public Transportation for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Joint Participation Agreement with the State of Florida (Fin. Proj. No. 432394-1-94-01) to provide funding for the Wildlife Hazard Assessment for the St. Lucie County International Airport. 2. The Board hereby authorizes the Chairperson to execute the above - referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. After motion and second, the vote on Resolution 12-132 was as follows: Chairman Tod Mowery XXX Vice -Chair Paula Lewis XXX Commissioner Chris Craft XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this day of 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725 00 06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION Em JOINT PARTICIPATION AGREEMENT Financial Project No: Fund: DPTO FLAIRApprop.: 088719 432394-1-94-01 Function: 637 FLAIR Obj.: 750004 (denl-segment-phase-sequenm) Federal No.: Org. Code: 55042010428 Contract No.: DUNS No.: Vendor No.: VF596000835010 CFDA Number: CSFA Number: 55.004 THIS AGREEMENT, made and entered into this day of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie County 3000 Curtis King Boulevard Fort Pierce, FL 34946 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before 8/31/2014 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006(6) , Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is Wildlife Hazard Assessment and as further described in Exhibit(s) ABC & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. Pagel of14 725 030.08 PUBLIC TRANSPORTATION Bill 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 137,046.00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 6,852.00 as detailed in Exhibit "B", or in an amount equal to the peroentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding ❑ is [21 is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage : Retainage ❑ is © is not applicable. If applicable, _ percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. Page 2 of 14 725-03006 ORTATION W11 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the projector project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. Page 3 of 14 725-03M6 PUBLIC TRANSPORTATION Bill 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following arinual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. - Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, 3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Page 4 of 14 725 636A8 PUBLIC TRMIBPORTATION 6/11 Part III Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Section 7.622 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-1 33, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass -through entities in accordance with Sections .320 (a) and (f), OMB Circular A-133. 2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 In addition, pursuant to Section .320 (0, OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 P.,6 d14 r25-030-06 PUBLIC TRANSPORTATION 6/11 3. Copies of financial reporting packages required by Section 7.62 Part If of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Participant's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. Page 6 of 14 726030-N PUBLIC TRANSPORTATION 6111 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 West Commercial Boulevard Fort Lauderdale, FL , FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Departments Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." Page 7 of14 ]25030 06 PUBLIC TRANSPORTATION 6111 8.30 Disallowed Costs: In determining the amount of the payment, prior to receipt of annual notification of funds availability, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department and costs invoiced prior to receipt of annual notification of fund availability. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall. proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. Page 8 of 14 725030-U6 PUBLIC TPo SPORTATION 6/11 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C.3801 etseq.) 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. _ 13.20 Title VI • Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, at. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. P.p 9of 14 ]25030 06 PUBLIC TRANSPORTATION 6/11 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, at sec.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest' means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such aninstance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. Page 10 of 14 726030.06 PUBLIC TRANSPORTATION Bill 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8,23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifcations, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. Page 11 of 14 ]2S03a-BS PUBLIC TRANSPORTATION Bill 17.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete,the project on or before 8/31/2014 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. Page 12 0f 14 nsu3o-W PUBLIC TRANSPORTATION 6111 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollarwill not enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Department of Financial Services Hotline, 877-693-5236. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 25.00 E-Verify: Vendors/Contractors 1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract, and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Page 13 of 14 ]25030.05 PUBLIC TRANSPORTATION 0/11 Financial Project No. 432394-1-94-01 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY St. Lucie County AGENCYNAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION Gerry O'Reilly DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE Page 14 of 14 Fin. Proj. No.: 432394-1-94-01 Contract No : Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St Lucie Count Board of County Commissioners PROJECT LOCATION: St. Lucie County International Airport PROJECT DESCRIPTION: Wildlife Hazard Assessment SPECIAL CONSIDERATIONS BY AGENCY The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSIDERATIONS BY DEPARTMENT Effective July 1, 2010, Section 215.971 of the Florida Statutes, requires agreements with the State to contain a scope of work that clearly establishes quantifiable and measurable deliverables. Each deliverable must specify the required level of service to be performed and the Department's criteria for evaluating successful completion. The items must be submitted and approved through the Florida Aviation Database httg://www.florida-aviation- database.com/ filed under the appropriate Financial Management (FM) number to meet the deliverable requirements. The deliverables must be received and accepted by the Department prior to the payment of services. The Department of Financial Services Internet link below provides guidance on clear and comprehensive scopes and deliverables development. The scope of work and deliverables are specifically addressed in chapter 3: http //www myfloridacfo com/aadir/docs/ContractandGrantManagementUserGuide.pdf Narrative This project will consist of conducting a wildlife hazard assessment for FPR and an accompanying wildlife hazard management plan and associated training to meet the requirements of the FAA'S GA Airport Wildlife Hazard Assessment program. Justification Based on annual operations, the Airport is categorized as a Group I GA airport which requires submission of the assessment to the FAA by 2015. SCOPE OF SERVICES Design Phase The Agency must submit a signed copy of an agreement between the Agency and its third -party consultant, incorporating the scope of services and schedule of values which have been approved by the Department. The scope of services must include or incorporate by reference a schedule of values that will be used to approve payments to the third -party consultant. The scope of services and schedule of values must be approved in writing by the Department before the Agency enters into an agreement with its third -party consultant. The schedule of values shall be a complete and detailed itemization describing each subcategory of work and related pay items and their associated total value, quantity, unit of measurement and unit price/cost. The consultant should invoice the Agency on a regular basis using the approved schedule of values and one of the following methods: a. Percentage Completed. For this method the consultant's invoice should list a detailed description of each task in the approved scope of services and schedule of values, the dollar value amount for the item, the percentage competed for the item, and the dollar value for the percentage completed. b. Completed Tasks. For this method the consultant's invoice should list a detailed description of each task in the approved scope of services and schedule of values, the dollar value amount for each item, indicate which task have been completed, and the dollar value for each task completed. 2. The Agency shall sign each invoice submitted to the Department and certify thereon that the Agency has verified that the percentages of and/or task completions are correct and that the amounts indicated on the invoice are correct. Any change(s) to the approved scope of services or schedule of values will require a change order approved by the Department, and signed by the Agency and the third -party consultant. Invoices incorporating unapproved changes cannot be submitted by the Agency or paid by the Department. Invoices submitted to the Department with any unapproved charges will be rejected by the Department. Construction Phase 4. The Agency must submit a signed copy of an agreement between the Agency and its contractor, incorporating the scope of services and schedule of values which have been approved by the Department. The scope of services must include or incorporate by reference a schedule of values that will be used to approve payments to the contractor. The scope of services and schedule of values must be approved in writing by the Department before the Agency enters into an agreement with its contractor. The schedule of values shall be a complete and detailed itemization describing each subcategory of work and related pay items and their associated total value, quantity, unit of measurement and unit price/cost. The contractor should invoice the Agency on a regular basis using the approved schedule of values and one of the following methods: a. Percentage Completed. For this method the contractor's invoice should list a detailed description of each task in the approved scope of services and schedule of values, the dollar value amount for the item, the percentage competed for the item, and the dollar value for the percentage completed. b. Completed Tasks. For this method the contractor's invoice should list a detailed description of each task in the approved scope of services and schedule of values, the dollar value amount for each item, indicate which task have been completed, and the dollar value for each task completed. 5. The contractor should submit their pay request to the Agency's project inspector for approval using the standard "Application and Certificate for Payment" form. The Agency's project inspector will review and approve the contractor's pay request certifying the percentage of completion and/or quantities are correct. 6. The Agency shall sign each invoice submitted to the Department and certify thereon that the Agency has verified that the percentages of and/or task completions are correct and that the amounts indicated on the invoice are correct. Any change(s) to the approved scope of services or schedule of values will require a change order approved by the Department, and signed by the Agency and the contractor. Invoices incorporating unapproved changes cannot be submitted by the Agency or paid by the Department. Invoices submitted to the Department with any unapproved charges will be rejected by the Department. Financial Project No. 432394-1-94-01 Contract No. Agreement Date EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St Lucie County 3000 Curtis King Boulevard Fort Pierce FL 34946 referenced by the above Financial Project Number. I. PROJECT COST: TOTAL PROJECT COST: II. PARTICIPATION: Maximum Federal Participation FAA Agency Participation In -Kind Cash Other Maximum Department Participation, $137,046.00 $137,046.00 ( 90 %) or $ 123,342.00 ( 5 %) or $ 6,852.00 ( %) or $ ( %) or $ Primary DPTO ( 5 %) or $ 6,852.00 Federal Reimbursable ( %) or $ Local Reimbursable ( %) or $ TOTAL PROJECT COST: $137,046.00 Page 1 of 1 Financial Project No. 432394-1-94-01 Contract No. Agreement Date EXHIBIT "C" AVIATION PROGRAM ASSURANCES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St Lucie County 3000 Curtis King Boulevard Fort Pierce FL 34946 A. General 1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with state funds. 2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the Agency takes any action that is not consistent with these assurances, the full amount of this Agreement will immediately become due and payable to the Florida Department of Transportation. B. General Assurances The Agency hereby assures that: 1. Good Title: It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department that good title will be acquired. 2. Preserving Rights and Powers: a. [twill not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the Agreement without the written approval of the Department, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the Agency. This shall be done in a manner acceptable to the Department. b. If an arrangement is made for management and operation of the airport by any agency or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained according to applicable federal and state laws, regulations, and rules. 3. Hazard Removal & Mitigation: It will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. Page 1 of 7 EXHIBIT "C" AVIATION PROGRAM ASSURANCES 4. Compatible Land Use: It will take appropriate action to ensure local government adoption of airport zoning ordinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airport. The vicinity of the airport includes all areas that will be affected by normal aircraft operations and noise. The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted change in local land use regulations that would adversely affect the continued level of airport operations by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the Department with a copy of all local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted variances thereto. 5. Consistency with Local Plans: It will take appropriate actions to have the current airport master plan adopted into the local government comprehensive plan at the earliest feasible opportunity. 6. Airport Layout Plan: - a. It will keep a layout plan of the airport up to date showing: (1) Boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) Location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) Location of all existing and proposed non -aviation areas and of all existing improvements thereon. b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. The Agency will not make or permit any changes or alterations in the airport or any of its facilities that are not in conformity with the airport layout plan as approved by the Department and which might, in the opinion of the Department, adversely affect the safety, utility, or efficiency of the airport. 7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a facility that will be leased or otherwise produces revenue, the Agency assures that the revenue will be at fair market value or higher. 8. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 9. Financial Plan: It will develop and maintain a cost -feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements depicted in the airport layout plan. The financial plan shall be a part of the airport master plan. The financial plan shall realistically assess project phasing considering availability of state funding and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. All project cost estimates contained in the financial plan shall be entered in the Joint Automated Capital Improvement Program (JACIP) Online Web site. The JACIP Online information shall be kept current as the financial plan is updated. Page 2 of 7 EXHIBIT "C" AVIATION PROGRAM ASSURANCES 10.Operation & Maintenance: The airport and all facilities which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation. The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Department. The Agency will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when flooding or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Agency. 11. Economic Nondiscrimination: It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. 12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. 13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for the airport. Further, it will avoid any action that renders the airport ineligible for federal funding. 14. Termination of Agreement: It will make expenditures or incur obligations pertaining to this Agreement within two years after the date of this Agreement or the Department of Transportation may terminate this Agreement. The Agency may request a one-year extension of this two-year time period. The District Secretary shall have approval authority. 15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in the Agreement without approval by the Department. 16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. Further, the Agency assures that it will grant the Department the right to disapprove the proposed project scope and cost of professional services. 17. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage. 18. Project Development: All project related work will comply with federal, state, and professional standards; applicable Federal Aviation Administration advisory circulars; and Florida Department of Transportation requirements per chapter 14-60, Florida Administrative Code, Airport Licensing, Registration, And Airspace Protection. C. Planning Projects If this project. involves planning or other aviation studies, the Agency assures that it will: Page 3 of 7 EXHIBIT "C" AVIATION PROGRAM ASSURANCES 1. Project Scope: Execute the project in accordance with the approved project narrative or with approved modifications. 2. Reports: Furnish the Department with such periodic project and work activity reports as required. 3. Public Information: Make such material available for examination by the public. No material prepared under this Agreement shall be subject to copyright in the United States or any other country. 4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. 6. Department Guidelines: Comply with Department airport master planning guidelines if the project involves airport master planning or developing an airport layout plan. This includes: a. Providing copies, in electronic and editable format, of final project materials to the Department. This includes computer -aided drafting (CAD) files of the airport layout plan. b. Developing a cost -feasible financial plan, approved by the Department, to accomplish the projects described in the airport master plan or depicted in the airport layout plan. The cost -feasible financial plan shall realistically assess project phasing considering availability of state and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. c. Entering all projects contained in the cost -feasible plan out to twenty years in the Joint Automated Capital Improvement Program (JACIP) database. 6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. D. Land Acquisition Projects If this project involves land purchase, the Agency assures that it will: 1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order 5100.37A; FAA Order 5050.4A.; chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23, F.S. 2. Administration: Maintain direct control of project administration, including a. Maintaining responsibility for all contract letting and administrative procedures necessary for the acquisition of the land interests. b. Securing written permission from the Department to execute each agreement with any third party. c. Furnishing a projected schedule of events and a cash flow projection within twenty (20) calendar days after completion of the review appraisal. d. Establishing a project account for purchase of land interests. Page 4 of 7 EXHIBIT "C" AVIATION PROGRAM ASSURANCES e. Collecting and disbursing federal, state, and local project funds. 3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land purchase according to Chapter 332, F.S.: a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. b. If federal funds are received for the land purchase, the Agency shall notify, the Department by U.S. Mail within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares as described in Chapter 332, F.S. c. If federal funds are not received for the land purchase, the Agency shall reimburse the Department to achieve normal project state and local funding shares as described in Chapter 332, F.S., within 30 calendar days after the loan matures. d. If federal funds are not received for the land purchase and the state funding share of the land purchase is less than or equal to normal state and local funding shares as described in Chapter 332, F.S., when the loan matures, no reimbursement to the Department shall be required. 4. New Airports: a. Protect the airport and related airspace by ensuring local government adoption of an airport zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions of Chapter 333, F.S., prior to the completion of the project. b. Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. c. Complete an airport master plan within two years of land purchase. d. Complete construction necessary for basic airport operation within ten years of land purchase. 5. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of this Agreement within ten years after the acquisition date. 6. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development purposes, disposition of such land will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. E. Aviation Construction Projects If this project involves construction, the Agency assures that it will: 1. Certifications: Provide certifications that: a. Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. b. All design plans and specifications comply with federal, state, and professional standards and applicable Federal Aviation Administration advisory circulars. c. The project complies with all applicable building codes and other statutory requirements. Page 5 of 7 EXHIBIT "C" AVIATION PROGRAM ASSURANCES d. Completed construction complies with the project plans and specifications. Such certification must include an attestation from the Engineer that the project was completed per the approved project plans and specifications. 2. Design Development Criteria: The plans, specifications, construction contract documents, and any and all other similar engineering, construction, and contractual documents produced by the Engineer for the project is hereinafter collectively referred to as "plans" in this Exhibit. Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent of the project as defined in Exhibits Wand "B" of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements of these standards: • Federal Aviation Administration Regulations and Advisory Circulars • Florida Department of Transportation requirements per chapter 14-60, Florida Administrative Code, Airport Licensing, Registration, And Airspace Protection • Florida Department Of Transportation Standard Specifications For Construction Of General Aviation Airports • Manual Of Uniform Minimum Standards For Design, Construction And Maintenance For Streets And Highways, commonly referred to as the Florida Greenbook • Manual on Uniform Traffic Control Devices Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. 3. Construction Inspection & Approval: Provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. The Agency assures that it will allow the Department to inspect the work. The Department may require cost and progress reporting by the Agency. 4. Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction of pavement at the airport, implement an effective airport pavement maintenance management program and the Agency assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. F. Noise Mitigation Projects If this project involves noise mitigation, the Agency assures that it will: 1. Local Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, enter into an agreement with that government. The agreement shall obligate the unit of local government to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes Page 6 of 7 EXHIBIT "C" AVIATION PROGRAM ASSURANCES thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. 2. Private Agreements: For noise compatibility projects to be carried out on privately owned property, enter into an agreement with the owner of that property to exclude future actions against the airport. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. Page 7 of 7 Financial Project No. 432394-1-94-01 Contract No. Agreement Date EXHIBIT "D" FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: (e.g., What services or purposes the resources must be used for) (e.g., Eligibility requirements for recipients of the resources) (Etc... ) NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Compliance Requirements STATE RESOURCES State Agency Florida Department of Transportation Compliance Requirements Activities Allowed: Airport Planning Catalog of State Assistance (Number & Title) 55.004 Amount Amount $6,852.00 Airport Planning Grants are to study options for airport development and operations. The Department funds airport master plans, airport layout plans (ALP), noise and environmental studies, economical impact, services development, and airport promotion. Examples of projects are: - Master plans and ALPs; - Master drainage plans; - Environmental assessments (EA); - Development of regional impact (DR[); - Operations and emergency response plans; - Federal Aviation Regulations (FAR) Part 150 noise studies; - Environmental impact studies (EIS); - Wildlife hazard studies; - Feasibility and site selection studies; - Business plans; - Airport management studies and training; - Air services studies and related promotional materials. (FDOT Aviation Grant Program Handbook) Airport Improvement These grants are to provide capital facilities and equipment for airports. Examples of projects are: Page 1 of 3 EXHIBIT "D" - Air -side capital improvement projects (runways, taxiways, aprons, T-hangers, fuel farms, maintenance hangers, lighting, control towers, instrument approach aids, automatic weather observation stations); - Land -side capital improvement projects (terminal buildings, parking lots and structures, road and other access projects); - Presentation projects (overlays, crack sealing, marking, painting buildings, roofing buildings, and other approved projects; - Safety equipment (including AARF fire fighting equipment and lighted Xs); - Safety projects (tree clearing, land contouring on overrun areas, and removing, lowering, moving, and marking, lighting hazards); - Information technology equipment (used to inventory and plan airport facility needs); - Drainage improvements. (FDOT Aviation Grant Program Handbook) Land Acquisition This grant program protects Florida's citizens from airport noise and protects airport clear zones and runway approach areas from encroachment. Administrative Costs, appraisals, legal fees, surveys, closing costs and preliminary engineering fees are eligible costs. In the event the negotiation for a fair market value is unsuccessful, the court will be petitioned for "an Order of Taking" under the eminent domain laws of Florida. Examples of projects are: -Land acquisition (for land in an approved master plan or ALP); -Mitigation land (on or off airport); -Aviation easements; -Right of way; -Approach clear zones. (FDOT Aviation Grant program Handbook) Airport Economic Development This grant program is to encourage airport revenue. Examples of projects are -Any airport improvement and land purchase that will enhance economic impact; -Building for lease; -Industrial park infrastructure and buildings; -General aviation terminals that will be 100 percent leased out; -Industrial park marketing programs. (FDOT Aviation Grant Program Handbook) Aviation Land Acquisition Loan Program The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commercial service and general aviation airports. This is a general description of project types. A detail list of project types approved for these grant programs can be found in the Aviation Grant Program manual which can be accessed through the internet at www.dot.state.fl.us/Aviation/Public.htm. Allowable Cost: See part three of compliance supplement Cash Management: See part three of compliance supplement Matching Requirements are as follows Commercial Service Airports When no federal funding is available, the Department provides up to 50 percent of the project costs. When federal funding is available, the Department can provide up to 50 percent of the non-federal share. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) General Aviation Airports When no federal funding is available, the Department provides up to 80 percent of project costs. When federal funding is available, the Department can provide up to 80 percent of the non-federal share. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Page 2 of 3 EXHIBIT "D" Economic Development The Department provides up to 50 percent of airport economic development funds to build on -airport revenue -producing capital improvements. This program is for local match only. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Airport Loans The Department provides a 75 percent loan program to fund the Aviation Land Acquisition Loan Program. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Matching Resources for Federal Programs Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount Compliance Requirements NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient. Page 3 of 3 ITEM NO. VI-D3 DATE: 07/17/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B�Y:� SUBMITTED BY: Planning & Development Services Todd A. Cox �� / St. Lucie County International Airport Airport Manage SUBJECT: Taxiway A & B Rehabilitation; Final Change Order BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140-4220-563000-48004 — Infrastructure (pending BOCC approval) PREVIOUS ACTION: October 13, 2009 - Board approved Resolution No. 09-294 accepting the Florida Department Transportation (FDOT) Joint Participation Agreement (JPA). May 3, 2011 - Board approved conditional award of Bid No. 11-010. July 5, 2011 - Board acceptance of the FAA Grant Offer (Project Number 3-12- 0023-032-2011). RECOMMENDATION: Board approval of Change Order No. 2 for Ranger Construction and permission to transfer funds in the amount of $73,187.86 as outlined in the agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) OTHER County Attorney ( ) Purchasing ( ) Originating Dept. ( ) CONCURRENCE: ( ) DENIED Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures OMB Director '14�f ,4,, o.rr- Budget Analyst Danie S. McIntyre Marie Gouin Heather Young Patty Marston ERD ( ) Desire Cimino Melissa Si berlund Mark Satterlee Planning and Development Services Department Airport Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Director,* - Planning & Development Services FROM: Todd A. Cox, C.M., Airport Manager DATE: July 17, 2012 SUBJECT: Taxiway A & B Rehabilitation; Final Change Order ITEM NO. VI-D3 Background: Board policy authorizes the County Administrator to approve change order requests for Board - approved projects up to an aggregate of $50,000. Once change order requests exceed this threshold, all subsequent change order requests must be approved by the Board. This agenda request is for Board approval of the Ranger Construction Final Change Order No. 2, and permission to transfer funds from the Airport West Commerce project to cover the project change order requests until FAA reimbursement is received. The project grant consisted of an FAA 95% match share of $3,522,824, a FDOT 2.5% match share of $92,706, and a local 2.5% match share of $92,706, for a total project amount of $3,708.236. The funding breakdown is $3,426,047 for the base bid and add alternates 1 & 2, and $282,188 for construction administration and inspection. Per the FAA requirements, all change orders must be coordinated through the FAA's Orlando Airport District Office before allowing the contractor to proceed with the work. In January 2012, the Airport advised the FAA that there would not be enough funds remaining under project to cover the Change Order No. 1 request. The FAA advised that it would reimburse the Airport up to 95% of the costs towards the payment of the change order and that reimbursement of funds would not take place until all change order requests under the project were approved at final project completion and that the monies would need to be paid initially by the Airport. In June 2012, the project was completed and the final Change Order No. 2 was received. A summary of both change orders is provided in Attachment A. The Airport advised the FAA of the final change order and of the increased costs. The FAA confirmed that it would still reimburse the airport for 95% of the costs associated with both change orders upon submission of the final closeout documents. The total aggregate of the two change orders is $73,187.86. The FAA reimbursement share is $69,528.47 with a combined FDOT and local match share of $3,659.39. FDOT advised that they did not have the funds to cover their portion; however, funds are available under the Airport West Commerce Park project to cover the funding shortfall until FAA reimbursement is received. The transfer of funds will not affect the General Fund or the Airport's tentative FY2013 budget. Item VI-D3 July 17, 2012 Page 2 Recommendation Board approval of Change Order No. 2 for Ranger Construction and permission to transfer funds in the amount of $73,187.86 as outlined in the agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. AS -BUILT QUANTITIES The changes to the Base Bid, Add Alternate 1, and Add Alternate 2 quantities reflect actual as -built quantities. The contract is being balanced based on the final quantity take -offs and adjustments. These adjustments are a result of unforeseen conditions, value engineering, field changes, and alterative methods of construction. The project has been completed and C.O42 represents the final change order. Some of the unforeseen conditions associated with this project include the following: Additional Drainage Improvements and Sodding As part of the SFWMD permitting for the project, two existing drainage structures along the East end of Taxiway A were to be modified to alleviate an airspace obstruction hazard (inlets were protruding more than 1-ft out of the ground near Taxiway A). While the modification of these two inlets was originally included in the bid documents, further coordination with SFWMD resulted in additional clearing, grading, underdrains, and sodding to improve the overall drainage and elliminate erosion in the infield areas surrounding these two inlets. These additional drainage improvements should alleviate the flooding issues that have impacted Taxiway A and Runway 10R- 28L in the past. Stormwater Pipe Alterations During the installation of the pre -cast structures on the east side of Taxiway B as part of Add. Alt. 2, it was discovered that the existing buried pipes could not be connected to the new structures as originally intended. In an effort to minimize costs associated with modifications to the pre -cast structures, the contractor modified the existing elliptical pipes to enable secure connections to the new structures. eSHANGE ORDER ST. LUCIE COUNTY PROJECT: - CHANGE ORDER NUMBER: No. 02 (FINAL) Rehabilitation of Taxiways A & B St. Lucie County International Airport INITIATION DATE: 6/5/2012 CONSULTANT'S TO (Contractor): PROJECT NO.: 100022572 (ATKINS) Ranger Construction Industries, Inc. P.O. Box 14589 ST. LUCIE COUNTY Ft. Pierce, FL 34979 CONTRACT NO: C11-05-216 CONTRACT DATE: May 3, 2011 You are directed to make the following changes in this contract: The contract is being balanced based on the final quantity take -offs and adjustments (See Exhibit A). These adjustments are a result of unforeseen conditions, value engineering, field changes, and alterative methods of construction. The project has been completed and C.O.#2 represents the final change order. (Additional sheets attached as Exhibit A -Yes No) The original (Contract Sum) was $ 3,426,047.90 Net change by previous authorized Change orders $ 43,541.27 The (Contract Sum) prior to this Change order $ 3,469,589.17 The (Contract Sum) will be (increased, by this Change Order $ 29,646.59 The new (Contract Sum) including this Change order will be $ 3,499,235.77 The Contract Time will be (fir -unchanged) by (0) Days The Date of Substantial Completion as of the date of this Change Order therefore is: Substantial: Apol 11, 2012 Final: June 16, 2012 Funds Available: Account Numbers 140138-4220-563000-104601 & 140367-4220-563000-104601 140.4aTo- 51o3000. 480o4 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non - affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. CONTRACTOR: Ranger Construction Industries, Inc. Contractor P.O. Box 14589, Ft. Pierce, FL 34984 Address' G _41 _ /Z, BY: Date ENGINEERICONSULTANT: ATKINS North America Engineer. 482 South Keller Road, Orlando, FL 32810 Ad By: Brian Ho snec , P.E. Date APPROVED: St. Lucie County International Airport St. Lucie County Department 2300 Virginia Avenue, Ft. ierce, FL 34982 Address Q £ S 2oC 2 BY: Date AUTHORIZED: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By; Approved as to Form and Correctness: County Affomey EXHIBIT A CHANGES ORDERED BASE DID ITEM QUANTITY UNIT PRICE AMOUNT ADD/DEDUCT P-101-5.1 ........_._........._._RG'--._._.........._......_....__._...__._ PCC PAVEMENT REMOVAL ............._._...._...._._.....__............_.........._._ 1071.83 SY .._._. $2.90 .._.._......_..__............._. $3,108.31 ADD P-151-4.3 _,401-........._...__......___.._._...._...__._..._.___.._......_..__.._.-.....__......__._...__..—..-..-._...__ CLEARING AND GRUBBING 7 AC —._.....�._..___.... $1,940.00 ..._.._......,..__._ _QS14........._-___........ $1358000 ADD ......_.-_._....._. -401-8.1 BITUM NODS ASPHALT SURFACE CO__URSE _ _ 195 TN _ $91.50 __§ 17829.69 'S_(5�8848$ DEDUCT `---`„DEDUCT P�8306-♦•• _ B)AXiWAY-'PAN IF(C�+Y)= bWIMYH GLA3`$BENDS"-""'_"'----'"-""'—__"'ji$$�_$r---"- __ --.1. P_6'20:5.2.... T IINAVOA�NTINGr_f3 C V }7CTIY GLA$�_BEACS�_.__.-......_ _._. ....... 8 �. . .851 - b��i. P,-62053 NON -REFLECTIVE TEMPORARY PAVEMENT_MARKINGS_-„-,_-__, ,-____,_„-- .. _ (4a269)_SF-,._...___...,_.L0 _SF ....:... _......$0_.40 ._.-_7ZL.80' $ 11�707.60 ....__..__.. D.705 1 UNDERDRAIN PERFORATED PVC PIPE 6 DIAMETER 201 LF $24 35 $ 4 894�35 _.- _DEDUCT ADD TG0451-_ SODDING .-.___ _ _ _ _ ,31174 SY_ -LF __ $175 $_ 5455450 ADD L 10852 NO BAWD BARE SOLID COUNTERPOISE j374) _ .....$150 S {87320) ,...-_.DEDUCT L110-51 1 WAY 21NCH SCH40PVCCONDUIT DIRECTEARTH BURIED _LF - .._- $340 $ (51680) AQp ...11053 1WAV41NCHi SCHEDULE 40PVC CONDUIT,OONC ENCASED -(152] _ 100)_LF. 11055§ (63300)-,._,_.,_,_DEDUCT L 110-5 4 11 WAY 41NCH SCHEDULE 40 PVCCONOUIT, DIRECT EARTH BURIED (61] LF ,_,_, - $5 f0 $ (31'110) DEDUCT L-12S57 .._.... L867E SASE'CAN __._....... _ ....._..........................._...._.........._..... ......_.. j2) Eq_ - _ §75100 ._...... $ 4150200) DEDUCT _ ._......._._._....._.__.._........_._...._..........._ DSI #DDT SURVEY .............__....._....._....-..-------..__------...._...... i ...__„.._.__. LS R1,89R00 $ 1,890.00 ADD ... -_ RELOCATE EXISTING FIBER DPTIC BOX .,-_, i, __.... _LS ...........___...__. _______ $ix580.70 ._ ...____.__...._...__._..... $ _ 1�580.70 - � ADD WHITE LETTERING 97 SF $2.631 5 265.11 ADD TOTAL BASE BID $62,909.39 ADD ALTERNATIVE 1 ITEM I ouANrlTYI UNIT I PRICEI AMOUNTI ADD/DEDUCT P,-151._4.3 CLEARING AND GRUBBING - ,,,--_-.- _ -0.3 AC 1780 �53400) P-27083_. ___ _ EMULSIFIED ASPHALT _---. �2752)_GAL _ _ _ -_- ( 7,{5520 ) _ -DEDUCT DEDI/CT P.602;6.7.-., ...-_...._.... _..._.._..._...._ BITUMINOUS PRIME COAT GAL ,_.-_„-__-$260.$ _ $------{6,278_50)-__---_--DEDUCT P_603:5a.... -_..-.-_....._-_.-......._._....__..-....._......._........._...._..().v73) BITUMINOUS TACK COAT . .._.............._.._......_....___....�._._............ .__......._NOB), --_-_-„_,_.--_gd_50 GA� ..__........2405i254.40)_.__.___OEDUCT L 70B-52_ NO;6 AWG BARE SOLID COUNTERPDI_SE,_-------- _-_--T_-_.....„__,.,,,,__,_.,._._(1,155) _LF .. _...... $1.80 .g__,(2,079.00) _DEDUCT L.1f051 1 WAY PINCH SCH40,PVC CONDUIT�DIRECT EARTH BURIED __._.. --,._ (705) LF_- , --_- -- 340 5.__,(Py397.00 _ ... DEDUCT L.11052__iWAY 27f2.INCH�.SCHEDULE 40 PVC CONDUIT._CONC ENCASED j190) LF DEDUCT L-110.5.4 1 WAY. 44NCH SCHEDULE 40 PVC CONDUIT DIRECT EARTH BURIED _ 228 LF __j030.$ $38.05 .(176700). S 8,675.40 - DEDUCT TOTAL ADD ALTI S (28,140.50) ADD ALTERNATIVE 2 ITEM QUANTITY UNIT PRICE1 AMOUNTI ADD70EDUCT P-151-4.3 CLEARING AND GRUBBING ._...._._.-._.___.___.....-_......----*......._-._._._...__. 0 AC 178.00 ADD _ ._........_._...__. _ ,__,_____--__-, L ;108.5.2 NO.6AWGwBARESOLID COUNTERPOISE, __ 1_BO_. {55800) DEDUCT ---_-___-____,.___(310) L.110.5.1, iVJAY,2-1NCHi SCH 40 Pv"DCONDUIT, DIRECT EARTH BURIED (245)_...__,._ $840 _ $ (833.00),,, DEDUCT L71055 2WAY,4,--INCHi SCHE,Dt1LE 40 P_VC_CON_OUILCONC ENCASED ., ,j40) Lf_ 53805.$_,jia522,00 _ _ DEDUCT PIPE ALTERATIONS 1 LS 57,532,70 S 7632.70 - ADD TOTALADDALT2 $ 4,797.70 TOTAL CHANGE ORDER #2 (FINAL) - $29,646.59 ADD m ITEM NO. DATE: AGENDA REQUEST REGULAR TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Planning & Development Services St. Lucie County International Airport VI-D4 07/17/12 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED Y: Todd A. Cox Airport Manager SUBJECT: Airport Business & Marketing Plan Grant - FDOT BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140-4220-563000-4804 — Infrastructure (pending BOCC approval). PREVIOUS ACTION: N/A. RECOMMENDATION: Board approval of Resolution No. 12-131 accepting an FDOT JPA in the amount of $400,000 for the Strategic Business, Marketing, and GIS Survey Plan, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney ( ) OMB Director ( ) 6 + r Budget Analyst ' V Danie S. McIntyre Marie Goui Heather Young Patty Marston Purchasing ( ) ERD ( ) Desiree Cimino Melissa Si erlund Originating Dept. ( ) Mark Satterlee Planning and Development Services Department Airport Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Directo Planning & Development Services FROM: Todd A. Cox, C.M., Airport Manager DATE: July 17, 2012 SUBJECT: Airport Business & Marketing Plan Grant - FDOT ITEM NO. VI-D4 Background: This agenda request is for Board acceptance of the attached Florida Department Transportation (FDOT) Joint Participation Agreement (JPA) in the amount of $400,000 for the Strategic Business, Marketing, and GIS Survey Plan. The Airport Master Plan Update was approved by the Board in August, 2011, which provided various strategies to guide the future capital development of the airport, both in the near term and up to a 20 year planning horizon. The Airport Master Plan does not include a business approach to asset management, airport operations and marketing. A business and marketing plan will assist the Airport in developing strategies to help boost revenue. In 2002, the BOCC approved the St. Lucie County International Airport Economic Development Strategic Plan for Years 2003-2008. The Plan was designed to be an update to the 1993 and 1998 Airport Business and Marketing Plan studies while specifically addressing the revenue base, and determining the actions necessary to increase and diversify the revenue sources to achieve the mission of financial independence. A summary of the plans and objectives completed under the 2002 Plan is provided in Attachment A. The economic downturn and recession has resulted in declining revenue at the Airport. As a result, the Airport is faced with the challenges of a diminishing local economy, struggling regional economy, lost revenues, and adverse impacts from continued Federal and State unfunded mandates. Thus, the need for continued economic stability is vital and the business and marketing plan is an important component of the stabilization strategy. The goal of the plan is to develop a comprehensive process that will include appropriate funding strategies necessary to guide the sustainable development and operation of the Airport for the next 5 to 10 years. The plan will also directly support and complement the recently approved 2011 Airport Master Plan Update. Item VI-D4, Resolution 12-131 July 17, 2012 Page 2 In addition to the Business and Marketing Plan, the development of an Airport Obstruction and Airspace Analysis Survey and Air Traffic Control Line -of -Sight (LOS) Study will also be completed under the grant. The last Obstruction Survey was done in 1990 and the update will identify current obstructions surrounding the airport and update the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Airport Overlay Zone. The LOS study will help analyze and identify areas on the airport that if developed, would impair the view of the airfield and other airport facilities from the FAA Air Traffic Control Tower (ATCT). The overall project is expected to take 12-18 months to complete and is broken down into the following phases: • Phase 1 — Development and advertisement of Request for Proposals. • Phase 2 — Establishment and approval of the Plan Working Group. • Phase 3 — Development of the plan. • Phase 4 — Final presentation and Board approval. The funding for this project was originally identified under the proposed FY 2013 Capital Budget Plan. However, in June 2012, FDOT advised that funds were available early to move forward with the project. The airport has the local match funds available with no impact to the General Fund or the proposed FY 2013 Budget. Project funding consists of an FDOT 80% match share of $400,000 and a local 20% match share of $100,000. Recommendation Board approval of Resolution No. 12-131 accepting an FDOT JPA in the amount of $400,000 for the Strategic Business, Marketing, and GIS Survey Plan, and authorization for the Chairman to sign documents as approved by the County Attorney. ATTACHMENT A AIRPORT STRATEGIC BUSINESS & MARKETING PLAN TIMELINE 1993 Airport Business Plan: Greiner Inc. and the St. Lucie Port & Airport Authority develop a business plan for the airport. The plan was developed using the 1984 and 1992 airport master plan updates. The recommendations outlined were to continue to pursue federal and state funds for land acquisition and development and to bring lease rates in line with state and regional airport rates and updating when lease expirations come due. These recommendations have been accomplished. Additionally, an Airport Task Force was formed to evaluate and understand various issues associated with the airport. The group submitted its report in August 1993 with 8 conclusions and 5 suggestions. Some of suggestions included improving accounting and budgeting for the airport, instituting a three to five year business plan including an annual update to be used as a benchmark, and increase marketing of the airport. 1998 Airport Business & Marketing Plan: In 1996, the Citizens Budget Committee (CBC) examined the operation of the airport and found the airport to be a valuable economic resource to the community and should be self-sustaining. The CBC recommends that a business and marketing plan be created to guide the airport over the next 5 years. In 1997, Indian River Community College (now Indian River State College) prepares the November 1997 Business & Marketing Plan with a 2010 Planning Horizon for the airport. An Airport Business Plan Committee (ABPC) was formed. The plan objectives were: • Identify ways to improve the airport perceived image • Identify ways to improve operating efficiency • Identify ways to improve the revenue generating capacity of the airport while minimizing environmental impacts and mitigation requirements. • Include recommendations tied to the 1998 airport master plan update. The plan outlined was developed to be financially responsible in providing for airport improvements through 2010. Additionally, the plan limited airport usage to smaller aircraft, eliminated the need for strengthening, promotes more of a land lease program. In March, 1997, The BOCC approves the Airport Mission Statement, Goals and Objectives, as recommended by the ABPC: Mission Statement: The Mission of the Port and Airport Authority is to operate and manage the St. Lucie County international Airport to serve general aviation and the air transportation needs of the community on a financially self-sustaining basis, generating full use of Authority -owned properties for commercial and industrial businesses. Goals and Objectives: Manage the airport to be: Attachment A July 17, 2012 Page 2 o financially self-sustaining o in full compliance with regulations o a "good neighbor" to the community o a state of the art facility serving general aviation users and the air transportation needs of the community Generate full use of Authority -owned property for commercial and industrial businesses. Develop a marketing plan that will attract new business and retain and expand existing business in the area. 2003 Economic Development Strategic Plan: In 2002, Indian River Community College prepares an update to the 1998-2002 Business & Marketing plan. The plan is renamed to the Economic Development Strategic Plan for 2003-2008. The purpose of the update included (1) assessing the present revenue base, (2) determining actions necessary to increase that base, (3) diversification of revenue sources to achieve the mission of financial independence. An Airport Strategic Plan Working Group was established which consisted of 12 members. Recommended actions were given which included developing a long range marketing strategy to include both aviation and non -aviation properties to provide for additional economic development opportunities. Additionally, the 2002 plan recommended changes to the approved 1997 Airport Mission statement which was subsequently approved by the BOCC as follows: "To operate and manage St. Lucie County International Airport in a safe and efficient manner, to serve general aviation and the air transportation needs of the community, by promoting a positive relationship with our neighbors and users, while maintaining a financially self- sustaining basis, generating full use of airport owned properties for commercial and industrial business." Summary of Proposed Actions Completed: The 2003 Plan Update included an updated list of proposed actions and improvements that had been recommended under the 1998 plan. The list has been updated to reflect the status of recommendations since 2003. PROPOSED NEAR -TERM ACTIONS AND IMPROVEMENTS STATUS Enforcement of lease, code, environmental and safety requirements through inspections Complete Selection of airport general consultant Complete Performance of utility study for airport leases and properties Complete Development of standard lease package Complete Investigation of other uses for passenger terminal prior to commuter service Complete Update of airport minimum standards and leases COMPLETED 2007 Complete Initiation of airport and Industrial Park beautification committees Not Completed Preparation of southwest quadrant and ridge -haven for lease Not Completed Attachment A July 17, 2012 Page 3 PROPOSED FIVE-YEAR IMPROVEMENTS STATUS Improvement of airport entrance and Administration/Terminal In Progress Demolition of abandoned buildings west of airport terminal Complete Relocation of fairgrounds Complete Construction of airport maintenance building Complete Seal and stripe (taxi lane lines) aircraft parking apron In Progress Design and construction of airport safety/security fencing 80%Complete Construction of Taxiway A overlay improvements Complete Development of new logo design Abandoned Development of new marketing package for airport Not Completed Review/refine landscaping plan for airport and Industrial Park Not Completed Design and construction of airport, perimeter road Not Completed PROPOSED TWELVE-YEAR IMPROVEMENTS STATUS Construction of Training Runway Complete Construction of connecting taxiways, lighting, and marking for Training Runway Not Started Completion of land acquisition (approx. 100 acres) within current airport boundaries (east of Kings Highway) Recommended under 2011 Master Plan for long range acquisition Expansion of passenger terminal, parking and apron area as market demand In Progress Construction of new 10,000 sq. foot cargo building with vehicle and aircraft parking areas Abandoned Construction of 1500 ft. runway extension on 9R/27L Abandoned MARKETING PLAN/AIRPORT IMAGE GOALS AND OBJECTIVES STATUS Increased use of the airport by general aviation and corporate aircraft Ongoing Aviation property use Ongoing Industrial/commercial use property Ongoing Web site Complete, but old Airport signage along St. Lucie Blvd. Ongoing Airport entrance and passenger terminal In Progress Poorly maintained and dilapidated buildings/hangars near passenger terminal Ongoing Paint on other leased buildings Ongoing Deteriorated road pavement and aircraft parking aprons around passenger terminal Ongoing Weathered and hard to see taxiway guidance lines on some aircraft parking aprons Ongoing Junk, discarded materials, and rusted equipment around various buildings Ongoing Scheduled commuter airline service Only if directed by BOCC Airport and Industrial Park brochure No budget Advertisement for print media No budget Exhibition materials No budget Old county fairground buildings and auto auction area Set aside for future commercial development as demand dictates Formal landscaping plan Not completed RESOLUTION NO. 12-131 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROD. NO. 430997-1-94-01) FOR THE STRATEGIC BUSINESS PLAN, MARKETING PLAN, AND GIS SURVEY FOR THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for the Strategic Business Plan, Marketing Plan, and GIS Survey for the St. Lucie County International Airport (Fin. Proj. No. 430997-1-94-01). 2. The Board should authorize and approve execution of the Public Transportation Joint Participation Agreement with the State of Florida Department of Public Transportation for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Joint Participation Agreement with the State of Florida (Fin. Proj. No. 430997-1-94-01) to provide funding for the Strategic Business Plan, Marketing Plan, and GIS Survey for the St. Lucie County International Airport. 2. The Board hereby authorizes the Chairperson to execute the above - referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. 1 After motion and second, the vote on Resolution 12-131 was as follows: Chairman Tod Mowery XXX Vice -Chair Paula Lewis XXX Commissioner Chris Craft XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this day of 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ►A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-030-06 PUBLIC TRANSPORTATION Pl1RLICTRANSPORTATION 6111 JOINT PARTICIPATION AGREEMENT Financial Project No.: Fund: DPTO IFLAIRApprop.: 088719 430997-1-94-01--------. - ---.. -..-.---Function:.. .637 1 FLAIRObj.: 750004------ - - (item -segment -phase -sequence) Federal No.: Org. Code: 55042010428 Contract No.: DUNS No.: Vendor No.: VF596000835010 CFDA Number: CSFA Number: 55.004 THIS AGREEMENT, made and entered into this day of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie County 3000 Curtis King Boulevard Fort Pierce, FL 34946 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before 7/31/2014 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006(6) Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is Strategic Business Plan, Marketing Plan, and GIS Survey and as further described in Exhibit(s) ABC & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. Pa,e i of 14 725030.M PUBLIC TRANSPORTATION &11 - - - 2.00 Accomplishment -of the Project -- - - — - --- 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit ' attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, - - - - - economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 500,000.00 . This amount is based upon the estimate summarized in Exhibit'B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 400,000.00 as detailed in Exhibit "B", or in an amount equal to the percentages) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding ❑ is 10 is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage : Retainage ❑ is ✓Q is not applicable. If applicable, _ percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. Page 2 or 14 726030.66 PUBLIC TRANSPORTATION 6111 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish forthe project, in conformity with requirements established by Department's programguidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.60 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. Page 3 of 14 725-030-06 PUBLIC TRANSPORTATION 6111 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department deterinines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB CircularA-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part ll, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Page 4 o114 725-030 00 PUBLIC TRANSPORTATION 6111 Part III Other Audit Requirements - 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Section 7.622 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (0, OMB Circular A-133. 2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 In addition, pursuant to Section .320 (0, OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 Page 5 of 14 725-030-BB PUBLIC TRANSPORTATION 6I11 - - - - - -- --- -- 3. -Copies of financial reporting packages- required by Section 7.62 Part II of this Agreement shall be submitted by or on --- --- -- - behalf of the recipient directly to each of the following: A. The Department.at each.of.the following addresses:.. _. 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 B. The Auditor General's Office at the following address: Auditor General's Office Roam 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Participant's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. Page 6 of 14 72M3J 08 PUBLIC TRMISPORTAMN all - - - ---- - -- —--7:65-Insurance: -Execution of this Joint Participation Agreement constitutes a certification that the Agency has and -- will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or - facilities, the Agency shalleither replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 West Commercial Boulevard Fort Lauderdale FL , FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Departments Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit'B" Page 7 of 14 725A30.88 PUBUCTR SPORTATION 6/11 8.30 Disallowed Costs: In determining the amount of the payment, prior to receipt of annual notification of funds availability, the Department will exclude all projects_ costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department and costs invoiced prior to receipt of annual notification of fund availability. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. Page 8 or 14 ns-630 68 PUBLIC TRANSPORTATION 6/11 -- -12.20 Complianee-with-Consultants'' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 etseq.) 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title Vlll of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. Page 9 of 14 T25-03D 06 PUBLIC TRMSPORTATION 6111 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, at. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. Page ID of 14 72sOgo ofi PUBLIC TRANSPORTATION H11 ----------------14:70-Use-and-Maintenance-of-Project Facilities and Equipment: The Agency agrees thattheproject facilities --.-- and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible. for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping. of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions. of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. Page 11 of 14 725WO-OS PUBLIC TRANSPORTATION B/11 ----------17.20-Multi-Y-ear-Commitment:4n-the-event-t+i+s-Agreement-is-imexcess-ef$25,000-and-has-a-termfor-a period - --------- of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before 7/31/2014 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument- 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. NIP, 12&14 72503606 PUBLIC TRANSPORTATION Silt 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should -be aware ofifie following Smeirames:"Upon receipt, theDepartmenthas five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Department of Financial Services Hotline, 877-693-5236. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 26.00 E•Verify: Vendors/Contractors: I. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Page 13 of 14 725-03MB PUBLIC TRANSPORTATION 6111 Financial Project No. 430997-1-94-01 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY St. Lucie County AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION Gerry O'Reilly DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE Page 14 of 14 Fin. Proj. No.: 430997-1-94-01 Contract No : Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners PROJECT LOCATION: St. Lucie International Airport PROJECT DESCRIPTION: Strategic Business Plan, Marketing Plan, and GIS Survey SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSIDERATIONS BY DEPARTMENT: Effective July 1, 2010, Section 215.971 of the Florida Statutes, requires agreements with the State to contain a scope of work that clearly establishes quantifiable and measurable deliverables. Each deliverable must specify the required level of service to be performed and the Department's criteria for evaluating successful completion. The items must be submitted and approved through the Florida Aviation Database http://www.florida-aviation- database.com/ filed under the appropriate Financial Management (FM) number to meet the deliverable requirements. The deliverables must be received and accepted by the Department prior to the payment of services. The Department of Financial Services Internet link below provides guidance on clear and comprehensive scopes and deliverables development. The scope of work and deliverables are specifically addressed in chapter 3: http://www myfloridacfo com/aadir/does/ContractandGrantManagementUserGuide.pdf Narrative To facilitate on -airport development, an Airport Strategic Business/Marketing Plan in conjunction with a GIS Survey is required. The Strategic Business/Marketing Plan will identify opportunities for business development while creating a strategic vision that identifies tangible assets (i.e. image, available land and leaseholds, foreign trade zones, surface access and multi -modal development, etc.) that can be used to partner with the regional community to enhance quality of life. A critical component is the GIS Survey which will provide unique information and analytical capabilities to support the airport's efforts in planning, operations, maintenance, hazard mitigation, and security through spatial information and modeling. The GIS survey of the airport property will be established in accordance with GIS attribute guidance outlined in FAA Advisory Circular 150/5300-18B and a FAR Part 77 Airspace Study will be included to identify the current airspace configuration, location of existing towers, and identifying future needs in protecting the airspace surrounding the airport. Justification The last Airport Business Plan was completed in 2003. Based on recommendations outlined in the recent 2011 Airport Master Plan Update, a strategic business and marketing plan, including a GIS survey component, was identified which would allow airport management to identify short and long-range goals and opportunities while developing a strategic vision that identifies tangible assets used in guiding the future development of the airport. The last FAR Part 77 Airspace Study was completed in 1988 and the airport has seen exterior telecommunications growth since that time. These projects are key in assisting in the development of the future 2016 Airport Master Plan and Airport Layout Plan updates, including using the information obtained through the study to assist in outlining project priorities once the 2016 Master Plan/Airport layout Plan updates are initiated. SCOPE OF SERVICES Design Phase 1. The Agency must submit a signed copy of an agreement between the Agency and its third -party consultant, incorporating the scope of services and schedule of values which have been approved by the Department. The scope of services must include or incorporate by reference a schedule of values that will be used to approve payments to the third -party consultant. The scope of services and schedule of values must be approved in writing by the Department before the Agency enters into an agreement with its third -party consultant. The schedule of values shall be a complete and detailed itemization describing each subcategory of work and related pay items and their associated total value, quantity, unit of measurement and unit price/cost. The consultant should invoicethe Agency on a regular basis using the approved schedule of values and one of the following methods: a. Percentage Completed. For this method the consultant's invoice should list a detailed description of each task in the approved scope of services and schedule of values, the dollar value amount for the item, the percentage competed for the item, and the dollar value for the percentage completed. b. Completed Tasks. For this method the consultant's invoice should list a detailed description of each task in the approved scope of services and schedule of values, the dollar value amount for each item, indicate which task have been completed, and the dollar value for each task completed. 2. The Agency shall sign each invoice submitted to the Department and certify thereon that the Agency has verified that the percentages of and/or task completions are correct and that the amounts indicated on the invoice are correct. 3. Any change(s) to the approved scope of services or schedule of values will require a change order approved by the Department, and signed by the Agency and the third -party consultant. Invoices incorporating unapproved changes cannot be submitted by the Agency or paid by the Department. Invoices submitted to the Department with any unapproved charges will be rejected by the Department. Construction Phase 4. The Agency must submit a signed copy of an agreement between the Agency and its contractor, incorporating the scope of services and schedule of values which have been approved by the Department. The scope of services must include or incorporate by reference a schedule of values that will be used to approve payments to the contractor. The scope of services and schedule of values must be approved in writing by the Department before the Agency enters into an agreement with its contractor. The schedule of values shall be a complete and detailed itemization describing each subcategory of work and related pay items and their associated total value, quantity, unit of measurement and unit price/cost. The contractor should invoice the Agency on a regular basis using the approved schedule of values and one of the following methods: a. Percentage Completed. For this method the contractor's invoice should list a detailed description of each task in the approved scope of services and schedule of values, the dollar value amount for the item, the percentage competed for the item, and the dollar value for the percentage completed. b. Completed Tasks. For this method the contractor's invoice should list a detailed description of each task in the approved scope of services and schedule of values, the dollar value amount for each item, indicate which task have been completed, and the dollar value for each task completed. ----5-TK& con raT�h�dsubiniftf it pay request16 the agency s project inspector for approval using the standard "Application and Certificate for Payment" form. The Agency's project inspector will review and approve the contractor's pay request certifying the percentage of completion and/or quantities are correct. 6. The Agency shall sign each invoice submitted to the Department and certify thereon that the Agency has verified that the percentages of and/or task completions are correct and that the amounts indicated on the invoice are correct. 7. Any change(s) to the approved scope of services or schedule of values will require a change order approved by the Department, and signed by the Agency and the contractor. Invoices incorporating unapproved changes cannot be submitted by the Agency or paid by the Department. Invoices submitted to the Department with any unapproved charges will be rejected by the Department. Financial Project No. 430997-1-94-01 Contract No. Agreement Date EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St Lucie County 3000 Curtis King Boulevard Fort Pierce FL 34946 referenced by the above Financial Project Number. 1. PROJECT COST: $500,000.00 TOTAL PROJECT COST: $500,000.00 II. PARTICIPATION: Maximum Federal Participation FAA ( 0 %) or $ 0.00 Agency Participation In -Kind ( %) or $ Cash ( 20 %) or $ 100,000 Other ( %) or $ Maximum Department Participation, Primary DPTO ( 80 %) or $ 400,000.00 Federal Reimbursable ( %) or $ Local Reimbursable ( %) or $ TOTAL PROJECT COST: $500,000.00 Page 1 of 1 Financial Project No. 430997-1-94-01 Contract No. --------------------._...... ----- ---._-__.____ - - Agreement Date -- EXHIBIT "C" AVIATION PROGRAM ASSURANCES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County 3000 Curtis King Boulevard Fort Pierce, FL 34946 A. General 1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with state funds. 2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the Agency takes any action that is not consistent with these assurances, the full amount of this Agreement will immediately become due and payable to the Florida Department of Transportation. B. General Assurances The Agency hereby assures that: 1. Good Title: It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department that good title will be acquired. 2. Preserving Rights and Powers: a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the Agreement without the written approval of the Department, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the Agency. This shall be done in a manner acceptable to the Department. b. If an arrangement is made for management and operation of the airport by any agency or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained according to applicable federal and state laws, regulations, and rules. 3. Hazard Removal & Mitigation: It will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. Page 1 of 7 FW 1:n7Ni11ft AVIATION PROGRAM ASSURANCES 4. Compatible Land Use: It will take appropriate action to ensure local government adoption of airport zoning ordinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airport. The vicinity of the airport includes all areas that will be affected by normal aircraft operations and noise. The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted change in local land use regulations that would adversely affect the continued level of airport operations by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the Department with a copy of all local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted variances thereto. 6. Consistency with Local Plans: It will take appropriate actions to have the current airport master plan adopted into the local government comprehensive plan at the earliest feasible opportunity. 6. Airport Layout Plan: a. It will keep a layout plan of the airport up to date showing: (1) Boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) Location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) Location of all existing and proposed non -aviation areas and of all existing improvements thereon. b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. The Agency will not make or permit any changes or alterations in the airport or any of its facilities that are not in conformity with the airport layout plan as approved by the Department and which might, in the opinion of the Department, adversely affect the safety, utility, or efficiency of the airport. 7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a facility that will be leased or otherwise produces revenue, the Agency assures that the revenue will be at fair market value or higher. 8. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 9.. Financial Plan: It will develop and maintain a cost -feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements depicted in the airport layout plan. The financial plan shall be a part of the airport master plan. The financial plan shall realistically assess project phasing considering availability of state funding and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. All project cost estimates contained in the financial plan shall be entered in the Joint Automated Capital Improvement Program (JACIP) Online Web site. The JACIP Online information shall be kept current as the financial plan is updated. Page 2 of 7 EXHIBIT "C" AVIATION PROGRAM ASSURANCES 10. Operation & Maintenance: The airport and all facilities which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation. The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Department. The Agency will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when flooding or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Agency. 11. Economic Nondiscrimination: It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. 12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. 13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for the airport. Further, it will avoid any action that renders the airport ineligible for federal funding. 14. Termination of Agreement: It will make expenditures or incur obligations pertaining to this Agreement within two years after the date of this Agreement or the Department of Transportation may terminate this Agreement. The Agency may request a one-year extension of this two-year time period. The District Secretary shall have approval authority. 15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in the Agreement without approval by the Department. 16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. Further, the Agency assures that it will grant the Department the right to disapprove the proposed project scope and cost of professional services. 17. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage. 18. Project Development: All project related work will comply with federal, state, and professional standards; applicable Federal Aviation Administration advisory circulars; and Florida Department of Transportation requirements per chapter 14-60, Florida Administrative Code, Airport Licensing, Registration, And Airspace Protection. C. Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will: Page 3 of 7 EXHIBIT "C" AVIATION PROGRAM ASSURANCES 1. Project Scope: Execute the project in accordance with the approved project narrative or with approved modifications. 2. Reports: Furnish the Department with such periodic project and work activity reports as required. 3. Public Information: Make such material available for examination by the public. No material prepared under this Agreement shall be subject to copyright in the United States or any other country. 4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. 5. Department Guidelines: Comply with Department airport master planning guidelines if the project involves airport master planning or developing an airport layout plan. This includes: a. Providing copies, in electronic and editable format, of final project materials to the Department. This includes computer -aided drafting (CAD) files of the airport layout plan. b. Developing a cost -feasible financial plan, approved by the Department, to accomplish the projects described in the airport master plan or depicted in the airport layout plan. The cost -feasible financial plan shall realistically assess project phasing considering availability of state and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. c. Entering all projects contained in the cost -feasible plan out to twenty years in the Joint Automated Capital Improvement Program (JACIP) database. 6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. D. Land Acquisition Projects If this project involves land purchase, the Agency assures that it will: 1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, the National Environmental Policy of 1969; FAA Order 5100.37A; FAA Order 5050.4A.; chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23, F.S. 2. Administration: Maintain direct control of project administration, including: a. Maintaining responsibility for all contract letting and administrative procedures necessary for the acquisition of the land interests. b. Securing written permission from the Department to execute each agreement with any third party. c. Furnishing a projected schedule of events and a cash flow projection within twenty (20) calendar days after completion of the review appraisal. d. Establishing a project account for purchase of land interests. Page 4 of 7 EXHIBIT "C" AVIATION PROGRAM ASSURANCES e. Collecting and disbursing federal, state, and local project funds. 3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land purchase according to Chapter 332, F.S.: a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. b. If federal funds are received for the land purchase, the Agency shall notify the Department by U.S. Mail within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares as described in Chapter 332, F.S. c. If federal funds are not received for the land purchase, the Agency shall reimburse the Department to achieve normal project state and local funding shares as described in Chapter 332, F.S., within 30 calendar days after the loan matures. d. If federal funds are not received for the land purchase and the state funding share of the land purchase is less than or equal to normal state and local funding shares as described in Chapter 332, F.S., when the loan matures, no reimbursement to the Department shall be required. 4. New Airports: a. Protect the airport and related airspace by ensuring local government adoption of an airport zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions of Chapter 333, F.S., prior to the completion of the project. b. Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. c. Complete an airport master plan within two years of land purchase. d. Complete construction necessary for basic airport operation within ten years of land purchase 5. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of this Agreement within ten years after the acquisition date. 6. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development purposes, disposition of such land will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. E. Aviation Construction Projects If this project involves construction, the Agency assures that it will: 1. Certifications: Provide certifications that: a. Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. b. All design plans and specifications comply with federal, state, and professional standards and applicable Federal Aviation Administration advisory circulars. c. The project complies with all applicable building codes and other statutory requirements. Page 5 of 7 EXHIBIT "C" AVIATION PROGRAM ASSURANCES d. Completed construction complies with the project plans and specifications. Such certification must include an attestation from the Engineer that the project was completed per the approved project plans and specifications. 2. Design Development Criteria: The plans, specifications, construction contract documents, and any and all other similar engineering, construction, and contractual documents produced by the Engineer for the project is hereinafter collectively referred to as "plans" in this Exhibit. Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent of the project as defined in Exhibits "A" and "B" of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements of these standards: • Federal Aviation Administration Regulations and Advisory Circulars • Florida Department of Transportation requirements per chapter 14-60, Florida Administrative Code, Airport Licensing, Registration, And Airspace Protection • Florida Department Of Transportation Standard Specifications For Construction Of General Aviation Airports • Manual Of Uniform Minimum Standards For Design, Construction And Maintenance For Streets And Highways, commonly referred to as the Florida Greenbook • Manual on Uniform Traffic Control Devices Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. 3. Construction Inspection & Approval: Provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. The Agency assures that it will allow the Department to inspect the work. The Department may require cost and progress reporting by the Agency. 4. Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction of pavement at the airport, implement an effective airport pavement maintenance management program and the Agency assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. K. Noise Mitigation Projects If this project involves noise mitigation, the Agency assures that it will: 1. Local Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, enter into an agreement with that government. The agreement shall obligate the unit of local government to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes Page 6 of 7 EXHIBIT "C" AVIATION PROGRAM ASSURANCES thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. 2. Private Agreements: For noise compatibility projects to be carried out on privately owned property, enter into an agreement with the owner of that property to exclude future actions against the airport. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. Page 7 of 7 Financial Project No. 430997-1-94-01 Contract No. Agreement Date EXHIBIT "D" FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: (e.g., What services or purposes the resources must be used for) (e.g., Eligibility requirements for recipients of the resources) (Etc... ) NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Compliance Requirements STATE RESOURCES State Agency Florida Department of Transportation Compliance Requirements Activities Allowed: Airport Planning Catalog of State Assistance (Number & Title) 55.004 Amount Amount $400,000.00 Airport Planning Grants are to study options for airport development and operations. The Department funds airport master plans, airport layout plans (ALP), noise and environmental studies, economical impact, services development, and airport promotion. Examples of projects are: - Master plans and ALPs; - Master drainage plans; - Environmental assessments (EA); - Development of regional impact (DRI); - Operations and emergency response plans; - Federal Aviation Regulations (FAR) Part 150 noise studies; - Environmental impact studies (EIS); -Wildlife hazard studies; - Feasibility and site selection studies; - Business plans; - Airport management studies and training; - Air services studies and related promotional materials. (FDOT Aviation Grant Program Handbook) Airport Improvement These grants are to provide capital facilities and equipment for airports. Examples of projects are: Page 1 of 3 EXHIBIT "D" - Air -side capital improvement projects (runways, taxiways, aprons, T-hangers, fuel farms, maintenance hangers, lighting, control towers, instrument approach aids, automatic weather observation stations); - Land -side capital improvement projects (terminal buildings, parking lots and structures, road and other access projects); - Presentation projects (overlays, crack sealing, marking, painting buildings, roofing buildings, and other approved projects; - Safety equipment (including AARF fire fighting equipment and lighted Xs); - Safety projects (tree clearing, land contouring on overrun areas, and removing, lowering, moving, and marking, lighting hazards); - Information technology equipment (used to inventory and plan airport facility needs); - Drainage improvements. (FDOT Aviation Grant Program Handbook) Land Acquisition This grant program protects Florida's citizens from airport noise and protects airport clear zones and runway approach areas from encroachment. Administrative Costs, appraisals, legal fees, surveys, closing costs and preliminary engineering fees are eligible costs. In the event the negotiation for a fair market value is unsuccessful, the court will be petitioned for "an Order of Taking" under the eminent domain laws of Florida. Examples of projects are: -Land acquisition (for land in an approved master plan or ALP); -Mitigation land (on or off airport); -Aviation easements; -Right of way; -Approach clear zones. (FDOT Aviation Grant program Handbook) Airport Economic Development This grant program is to encourage airport revenue. Examples of projects are: -Any airport improvement and land purchase that will enhance economic impact; -Building for lease; -Industrial park infrastructure and buildings; -General aviation terminals that will be 100 percent leased out; -Industrial park marketing programs. (FOOT Aviation Grant Program Handbook) Aviation Land Acquisition Loan Program The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commercial service and general aviation airports. This is a general description of project types. A detail list of project types approved for these grant programs can be found in the Aviation Grant Program manual which can be accessed through the internet at www.dot.state.fl.us/Aviation/Public.htm. Allowable Cost: See part three of compliance supplement Cash Management: See part three of compliance supplement Matching Requirements are as follows: Commercial Service Airports When no federal funding is available, the Department provides up to 50 percent of the project costs. When federal funding is available, the Department can provide up to 50 percent of the non-federal share. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) General Aviation Airports When no federal funding is available, the Department provides up to 80 percent of project costs. When federal funding is available, the Department can provide up to 80 percent of the non-federal share. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Page 2 of 3 EXHIBIT "D" Economic Development The Department provides up to 50 percent of airport economic development funds to build on -airport revenue -producing capital improvements. This program is for local match only. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Airport Loans The Department provides a 75 percent loan program to fund the Aviation Land Acquisition Loan Program. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Matching Resources for Federal Programs Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount Compliance Requirements NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient. Page 3 of 3 ITEM NO. VI-D5 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Planning and Development Services Department, Planning Division DATE: 07/17/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Jeffrey Johnson Senior Planner SUBJECT: Final Plat Approval — Drawdy Subdivision BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: June 22, 2012 — Minor Site Plan approval was granted through PDS Order 12-024. RECOMMENDATION: Board approval of the final plat for Drawdy Subdivision and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER County Attorney County Engineer Originating Dept. CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM COORDINATION/SIGNATURES (X) County Surveyor ( X) Daniel S. McIntyre Ron Harris (X) Nt Michael Powley (X) Mark Satterlee Purchasing ( ) Melissa Simberlund ERD (X) Ka mith OMB ( ) Marie Gouin Planning and Development Services Department Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Kara Wood, Planning Manager ! bw FROM: Jeffrey Johnson, Senior Planner DATE: July 17, 2012 SUBJECT: Final Plat Approval — Drawdy Subdivision ITEM NO. VI-D5 BACKGROUND: On June 22, 2012, through Planning and Development Services Order 12-024, the Director of Planning and Development Services granted Minor Site Plan approval for the project known as Drawdy Subdivision subject to Board approval of the proposed plat. This site plan consists of a two — lot agricultural subdivision on 20.01 acres of property located on the south side of Germany Canal Road, '% mile west of Carlton Road. The subject property is zoned AG-5 (Agricultural — 1 du/5acres). There are no proposed improvements associated with the requested plat. The original tract of property was created by a lot split on April 25, 2005. Because the Land Development Code permits only one division of land to occur through a lot split, the further division of the subject parcel is required to undergo both the site plan approval and plat process. It has been determined that this plat meets all applicable provisions of the St. Lucie County Land Development Code and Chapter 177, Florida Statutes. RECOMMENDATION: Board approval of the final plat for Drawdy Subdivision and authorization for the Chairman to sign documents as approved by the County Attorney. Planning Division Agenda Item Summary T LUCIE LF Agenda Date Tuesday July 17, 2012 9:00 A.M. Applicant Justin & Rhonda Drawdy 7141 Germany Canal Rd. Port St. Lucie, FL 34947 Phone (772) 216-4412 Agent Dennis Murphy, AICP 2980 South 25th Street Fort Pierce, FL 34982 (772) 464-3537 Zoning/Future Land Use AG-5, Agricultural, 1 du/5 acres) Staff Recommendation Board approval of the final plat and authorization for the Chairman to sign documents as approved by the County Attorney. Previous Action June 22, 2012 - Minor Site Plan approval granted. Staff Jeffrey Johnson Senior Planner johnsonj@stlucieco.org (772) 462-1580 N A Subject P,cPeM ry e I' AGENDA ITEM VI-D2 DRAW DY FINAL PLAT Location: South side of Germany Canal Road, 1/4 mile west of Carlton Road. Project Description The purpose of this request is to obtain approval of the Final Plat for Drawdy Subdivision. The subdivision is located on the south side of Germany Canal Road, 1/4 mile west of Carlton Road. On June 22, 2012, the applicant obtained site plan approval via PDS Order No. 12-024 for a two lot agricultural subdivision on 20.01 acres that is zoned AG-5 (Agricultural, 1 du/5acres). The applicant has provided the required documents and signatures for the Final Record Plat as established in LDC, Section 11.03.03. Notice Requirements N/A. Recommendation Board approval of the final plat for Drawdy Subdivision and authoriza- tion for the Chairman to sign documents as approved by the County Attorney. Public Comment Received None. Further details are found in the attached memorandum. AGENDA REQUEST ITEM NO. E-1 DATE: 07/17/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED Y: Roger Shinn SUBMITTED BY: Parks, Recreation & Facilities Department Facilities Manager Facilities Division SUBJECT: Public Defender HVAC Chilled Water Conversion Funding BACKGROUND: See attached memorandum FUNDS AVAILABLE: 001-1931-546200-160036 Public Defender Maintenance Projects 001009-1931-546200-121601 Public Defender Maintenance Projects 001009-1931-546200-15007 Health Dept. Fire Panel 001-1931-546200-1536 Administration Bldg. Re -roof 001-1931-546200-1536 Administration Annex Lighting FY 10 001009-1931-546200-75012 Walton Community Center Windows 316-7240-562000-1650 Logistics Center Capital Impr PREVIOUS ACTION: May 15, 2012, BOCC rejected the only bid which exceeded the project budget and approved a modified scope for the re -bid of Bid No.12-007. RECOMMENDATION: Board approval to consolidate project funding for the re -bid of the Public Defender HVAC Chilled Water Conversion as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Sig natures County Attorney ( ) OMB Director ( ) Budget Analyst pan clnt�re arie o in .( Originating Dept. iC Purchasing Ed Matthews Desiree Cimino FACILITIES DIVISION MEMORANDUM TO: Board of County Commissioners THROUGH: Ed Matthews, Parks, Recreation and Facilities Directo� FROM: Roger Shinn, Facilities Manager — DATE: July 17, 2012 SUBJECT: Public Defender HVAC Chilled Water Conversion Funding ITEM NO. E-1 Background: May 15, 2012 BOCC rejected the only bid which exceeded the project budget by $240,200 and approved a modification of the scope for the re -bid of Bid No.12-007. Staff recommends relocating funding that is available from completed projects. These projects and funds include: Health Dept. Fire Panel Administration Bldg. Re -roof Administration Annex Lighting FY 10 Walton Community Center Windows Logistics Center Capital Impr. Total Existing Project Funding $30,168 (001009-1931-546200-15007) $49,052 (001-1931-546200-1536) $30,490 (001-1931-546200-1526) $15,000 (001009-1931-546200-75012) 115 490 (316-7240-562000-1650) $240,200 325 000 (001009-1931-56200-121601) New Total for Project $565,200 In addition, staff will be working with the project engineer to achieve additional savings through value engineering. Any funds made available through this process will remain in the project as contingency until completed. Recommendation: Board approval to consolidate project funding for the re -bid of the Public Defender HVAC Chilled Water Conversion as outlined. LINE -TO -LINE TRANSFER REQUEST DEPARTMENT: Parks Rec & Facilities DATE: 6/26/2012 Transfers within account types are not required if there are sufficient funds to balance the account. MENEEMONINEVENNEOM TO: 001009-1931-562000-121601 Buildings $45,168.00 $325,000 Public Defender -A/C Hookup to Chiller Plant 001-1931-562000-121601 Buildings $79,542.00 $0 Public Defender -A/C Hookup to Chiller Plant 316-1930-562000-1650 Buildings $115,490.00 $0 $240,200.00 FROM: 001009-1931-546200-15007 Maintenance Projects $30,168.00 $30,168 Health Dept/Maintenance Projects/Replace Alarm Panel 001009-1931-546200-75012 Maintenance Projects $15,000.00 $15,000 Walton Community Center/Maintenance Projects/Window Repairs 001-1931-546200-1536 Maintenance Projects $49,052.00 $49,052 Administration Building/Maintenance Projects/Re-Roof 001-1931-546200-1526 Maintenance Projects $30,490.00 $30.490 Administration Annex/Maintenance Projects/Leftover Funds FYI (continued on next page) REASON FOR TRANSFER: Fund transfer is needed to move leftover funds from completed projects to the Public Defender A/C project due to the Public Defender Project (Hook building to the Chiller Plant) bid coming in over approved funding. This Line to Line is based on BOCC approval. CONTACT PERSON: Kimberlee Gagnon PHONE M 1610 DEPARTMENT DIRECTOR APPROVAL: (Required) OMB APPROVAL: (Required) ADMINISTRATION APPROVAL: OMB NOTES: #VALUE! INPUT DATE: INPUT BY: LINE -TO -LINE TRANSFER M DOCUMENT #: All line -to -line transfer requests must be submitted to the Office of Management & Budget. ARTMENT: LINE -TO -LINE TRANSFER REQUEST Parks Rec & Facilities DATE: 6/26/2012 within account types are not required if there are sufficient funds to balance the account. 316- REASONFOR' to the P bid corr Defender A/C in ACT PERSON: RTMENT DIRECTOR APPROVAL: APPROVAL: INISTRATION APPROVAL: OMB NOTES: INPUT DATE: LINE -TO -LINE TRANSFER M 110 Fund transfer is needed to move leftover funds from completf due to the Public Defender Project (Hook building to the Chiller iq. This Line to Line is based on BOCC approval. Kimberlee Gagnon PHONE M (Required) (Required) WE INPUT BY: DOCUMENT#: 161 All line -to -line transfer requests must be submitted to the Office of Management & Budget. ITEM NO. Vi-D1 DATE: 05,115112 AGENDA REOUEST REGULAP. ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUN TY COMMISSIONERS PRESEh`TED BY: Roger Shinn a� SUBMITTED BY: Parks, Recreation & Facilities Deparlmeni Facilities Manaaer Facilities Division SUBJECT: Bid No. 12-007, Public Defender HVAC Chilled Water Conversion BACKGP.OUND: See attached memorandum FUNDS AVAILABLE: 001-1931-546200-160036 Public Defender Maintenance Projects OD1D09-1931-546200-121601 Public Defender Maintenance Pro; cts PREVIOUS ACTION: N!A RECOMMENDATION: Board approval to re.'tect the bid of S & S Air Conditioning; 'Inc. for Bid No. 12-007 as outlined in the agenda memorandum and authorization to re -hid this budgeted project. COMMISSION ACTION: APPROVED ( } DENIED ( ) OTHER Approueo 4-6 CONCUPRENCE: l� Faye W. Outlaw, hAPA County Administrator Coort inationtSisnatarcs OMB Director County A€tamey ) l Budget Analyst Dan Mcintyre Originating Dept ( } Purchasing Lee Ann _owery } � h�i�ie Goal€� z Desiree Cimino FACILITIES DIVISION MEMORANDUM TO: Board of County Commissioners (] THROUGH: Lee Ann Lowery, Assistant County Administrat r��CrX, FROM: Roger Shinn, Facilities Manager eo" - DATE: May 15, 2012 SUBJECT: Bid No. 12-007, Public Defender HVAC Chilled Water Conversion ITEM NO. VI-D1 Background: Invitation to Bid went out March 4, 2012 for Bid No. 12-007, Public Defender HVAC Chilled Water Conversion. Bids were due on April 11, 2012. Per Demandstar.com, 460 companies were notified, 29 bid copies were distributed and one bid received (Attachment 1), S & S Air Conditioning, Inc. of Port St. Lucie was the lowest responsive, responsible bidder at $565,200; however, the bid exceeds the budgeted amount $335,000 for this project. Staff intends to modify 'the scope and re -bid the project. Recommendation: Board approval to reject the bid of S & S Air Conditioning, Inc. for Bid No. 12-007 as outlined in the agenda memorandum and authorization to re -bid this budgeted project. ITEM NO. VI-E2 DATE: 07/17/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI ID ( ) CONSENT TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY Mark DiMascio SUBMITTED BY: Parks, Recreation and Facilities Division Manager SUBJECT: Budget Resolution No.12-133 — Pepper Park Donation BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-7215-369900-700 PREVIOUS ACTION: N/A (X) RECOMMENDATION: Board approval of Budget Resolution No. 12-133 to accept Charles E. Ray's donation in the amount of $250 to be utilized to provide a new bike rack at Pepper Park as outlined in the agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER County Attorney (X) Originating Dept. (X) Coordination/Signatures 1'� Daniel McIntyre ke l- y'�"-N � Edward Matthews Faye W. Outlaw, MPA County Administrator, ICMA-CM OMB Director (� 4 Budget Analyst ( X) 1 ' Marie Gouin Patty Marston PRF Division (X) _ Manager Mark DiMascio Parks and Recreation MEMORANDUM TO: Board of County Commissioners THROUGH: Edward Matthews, Parks, Recreation & Facilities Direct< FROM: Mark DiMascio, Division Manager 6- DATE: July 17, 2012 SUBJECT: Budget Resolution No. 12-133 — Pepper Park Donation ITEM NO. VI-E2 Background: Pepper Park is the largest and most heavily visited of the County operated beach accesses. It is located on North Hutchinson Island between Al and the beautiful warm blue waters of the Atlantic Ocean. This lifeguarded beach is also popular with snorkelers and divers. Port St. Lucie attorney Charles E. Ray has made a donation of $250 towards making improvements at Pepper Park. Pepper Park has several amenities including grills, pavilions, picnic tables, and tennis courts. Given the option, Mr. Ray has chosen to put his donation towards the addition of a much needed bike rack. The addition of a bike rack will provide safety and security for those park patrons who chose to visit Pepper Park by bike. Recommendation: Board approval of Budget Resolution No. 12-133 to accept Charles E. Ray's donation in the amount of $250 to be utilized to provide a new bike rack at Pepper Park as outlined in this agenda memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. RESOLUTION NO. 12-133 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 Charles E. Ray in the amount of $250. The funding is for improvements at Pepper Park, and will be utilized to provide a new bike rack. 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 17th day of July, 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 001-7215-369900-700 Other Miscellaneous Revenues $250 APPROPRIATIONS 001-7215-551200-700 Equipment < $1000 $250 After motion and second the vote on this resolution was as follows: Commissioner Tod Mowery, Chairman XXX Commissioner Paula Lewis, Vice Chair XXX Commissioner Chris Craft XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED THIS 17TH DAY OF JULY 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA MIN CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY AGENDA REQUEST ITEM NO. VI-E3 DATE: 7117/12 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark DiMascio SUBMITTED BY: Parks, Recreation & Facilities Division Manage SUBJECT: Waiver of Havert L. Fenn Center Rental Fees for the 2012 "Choosing How I Live Life" Community Health Fair sponsored by the St. Lucie County Boys and Girls Club BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to waive $3,375 in facility rental fees for the 2012 "Choosing How I Live Life" Community Health Fair sponsored by the St. Lucie County Boys and Girls Club to be held at the Havert L. Fenn Center as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM Coo rd i nation/Si4natu res OMB County Attorney ( X) 111,yy 0 s wg Budget Analyst ( ) Daniel McIntyre Marie Gouin He'AU. `z d-3 Patty Marston Originating Dept. (X) ��� PRF Division (X)_ Manager E ward Matthews Mark DiMascio Parks, Recreation and Facilities MEMORANDUM TO: Board of County Commissioners THROUGH: Edward Matthews, Directo� FROM: Mark DiMascio, Division Manager .— DATE: July 17"', 2012 SUBJECT: Waiver of Havert L. Fenn Center Rental Fees for the 2012 "Choosing How I Live Life" Community Health Fair sponsored by the St. Lucie County Boys and Girls Club ITEM NO. VI-E3 Backaround: The St. Lucie County Boys and Girls Club is requesting to utilize the Havert L. Fenn Center for a one day free community health fair called "Choosing How I Live Life." The Boys and Girls Club of St. Lucie County is a registered 501(c)(3), and the organization and event meet the requirements of the St. Lucie County Facility Use Policy for fee waivers. This health fair will provide health education, services, and advocacy that will promote healthy behavior. The event will address a variety of public safety issues including gang activity, crime with homicide, drug and alcohol influences, and poor health habits. The health fair is scheduled to be held at the Havert L. Fenn Center on September 22, 2012. Healthy Kids of St. Lucie County is requesting that the County waive the facility use fee of $3,375. They will reimburse the County for staffing and equipment fees in the amount of $1,580, as required in the Board policy. Recommendation: Board approval to waive $3,375 in facility rental fees for the 2012 "Choosing How I Live Life" Community Health Fair sponsored by the St. Lucie County Boys and Girls Club to be held at the Havert L. Fenn Center as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. ITEM NO. VI-E4 DATE: 7117/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY Mark DiMascio SUBMITTED BY: Parks & Special Facilities Division Manager SUBJECT: Waiver of Havert L. Fenn Center Rental Fees for the 2012 Healthy Kids of St. Lucie County Back to School Expo BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: June 19, 2012 — Board approval of $750 facility use fee waiver for the 2012 Healthy Kids of St. Lucie County Back to School Expo. RECOMMENDATION: Board approval to waive an additional $750 in Facility Use Fees for the 2012 Healthy Kids of St. Lucie County Back to School Expo to be held at the Havert L. Fenn Center as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures OMB County Attorney (X) nEy os+ Budget Analyst ( ) Daniel McIntyre Patty MarstonMarie n tKt-�hc..^ . ) PRF Division (X) Originating ��— g g Dept. (X p Manager Edward Matthews Mark DiMascio Parks, Recreation and Facilities MEMORANDUM TO: Board of County Commissioners THROUGH: Edward Matthews, Direct FROM: Mark DiMascio, Division Manager DATE: July 17, 2012 SUBJECT: Waiver of Havert L. Fenn Center Rental Fees for the 2012 Healthy Kids of St. Lucie County Back to School Expo ITEM NO. VI-E4 Background: At the June 19, 2012 BOCC meeting, a Facility Use Fee waiver request on behalf of the Healthy Kids of St. Lucie County for a rental of the gymnasium at the Fenn Center was approved. Their needs have changed since the June 19 meeting and they are requesting to use multipurpose rooms 1-6, in addition to the gymnasium. The use of the multipurpose rooms will result in additional Facility Use Fees of $750 and additional staffing fees of $144. Healthy Kids of St. Lucie County is a registered 501(c)(3), and the organization and event meet the requirements of the St. Lucie County Facility Use Policy for fee waivers. Healthy Kids of St. Lucie County, Inc. is requesting that the County waive the Facility Use Fee of $750. They will reimburse the County for staffing fees for a custodian in the amount of $144, as required in the Board policy. If this request is approved, the total Facility Use Fees waived for this event will be $1,500 and Healthy Kids of St. Lucie County will pay a total of $920 in staffing fees for the event. Recommendation: Board approval to waive an additional $750 in Facility Use Fees for the 2012 Healthy Kids of St. Lucie County Back to School Expo to be held at the Havert L. Fenn Center as outlined in this agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. ITEM NO. VI — F1 DATE: 7/17/12 AGENDA REQUEST REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY7111 Toby Long 1 SUBMITTED BY: St. Lucie County Sheriff's Office Director of Finance & Technology SUBJECT: Authorization to accept the 2012 Edward Byrne Memorial Justice Assistance Local Solicitation Grant. BACKGROUND: The St. Lucie County Sheriffs Office is requesting permission to accept the U.S. Department of Justice/Office of Justice Programs/Bureau of Justice Assistance 2012 Edward Byrne Memorial Justice Assistance Local Solicitation Grant. This $60,071.00 grant will be split 50/50 between the Ft. Pierce Police Department ($30,035.50) and the St. Lucie County Sheriffs Office ($30,035.50). The Sheriffs Office will use its funds to purchase new firearms for the SWAT Team. The Fort Pierce Police Department will use its funds to purchase new computer hardware. JAG funds may be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and criminal justice information systems. There are no matching funds required. FUNDS AVAILABLE: 107176-2110-331210-200 Department of Justice PREVIOUS ACTION: May 1, 2012 — Board of County Commission approved to submit the application. RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize the acceptance of the 2012 Edward Byrne Memorial Justice Assistance Local Solicitation Grant in the amount of $60,071.00. Budget Resolution No. 12-136. COMMISSION ACTION: ( ) APPROVED ( ) OTHER County Attorney ( ) CONCURRENCE: ( ) DENIED Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst l Dan McIntyre Marie Gouin t<�, Y -7 Sophia Holt Originating Dept. ( ) (Name) ERD ( ) (Name) St. Lucie County Sheriff's Office MEMORANDUM TO: Board of County Commissioners �Cj/� FROM: Toby Long, Department of Finance & Technology' DATE: July 17, 2012 SUBJECT: Authorization to accept the 2012 Edward Byrne Memorial Justice Assistance Local Solicitation Grant. ITEM NO. VI — F1 Backaround The St. Lucie County Sheriffs Office is requesting permission to accept the U.S. Department of Justice/Office of Justice Programs/Bureau of Justice Assistance 2012 Edward Byrne Memorial Justice Assistance Local Solicitation Grant. This $60,071.00 grant will be split 50/50 between the Ft. Pierce Police Department ($30,035.50) and the St. Lucie County Sheriffs Office ($30,035.50). The Sheriffs Office will use its funds to purchase new firearms for the SWAT Team. The Fort Pierce Police Department will use its funds to purchase new computer hardware. JAG funds may be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and criminal justice information systems. There are no matching funds required. Recommendation: Staff recommends that the Board of County Commissioners authorize the acceptance of the 2012 Edward Byrne Memorial Justice Assistance Local Solicitation Grant in the amount of $60,071.00. Budget Resolution No. 12-136. File Wt Go To FamftE Hero *Favorites 1 * C New Tab FL ALACHUA COUNTY County $50,646 FL ALTAMONTE SPRINGS. CITY Municipal $12,154 FL APOPKA CITY Municipal $19,280 FL BAY COUNTY County $26,338 FL BELLE GLADE CITY Municipal $26,676 FL BOCA RATON CITY Municipal $13,597 FL BOYNTON BEACH CITY Municipal $43,T91 FL BRADENTON CITY Municipal $29,044 FL BREVARD COUNTY County $08,978 FL CAPE CORAL CITY Municipal $21,895 FL CASSELBERRY CITY Municipal $11,590 FL CHARLOTTE COUNTY County $29,134 FL CITRUS COUNTY County $31,704 FL CLAY COUNTY County $52,495 FL CLEARWATER CITY Municipal $60,658 FL COCOA CITY Municipal $34,974 FL COLLIER COUNTY County $69,610 FL COLUMBIA COUNTY County $13,575 FL CUTLER BAY TOWN Municipal $13,710 FL DAYTONA BEACH CITY Municipal $62,710 Search Deskxm a- �ji ' t;N * - Pam- Safety - Twb - G, 'uesday, Apr 17, 2012 03:40 PM U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance OMB No. 1121-0329 0 The U.S. Department of Justice (DOJ), Office of Justice Programs' (OJP) Bureau of Justice Assistance (BJA) is pleased to announce that it is seeking applications for funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. This program furthers the Department's mission by assisting state„ local, and tribal efforts to prevent or reduce crime and violence. Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2012 Local Solicitation Eligibility Applicants are limited to un{ts of local government appearing on the FY 2012 JAG Allocations List. To view this list, go to www.bia.qov/programs/iag/12ianallocations.html. For JAG program purposes, a unit of local government is: a town, township, village, parish, city, county, borough, or other general purpose political subdivision of a state; or, it may also be a federally recognized Indian tribe that performs law enforcement functions (as determined by the Secretary of the Interior). Otherwise a unit of local government may be any law enforcement district orjudicial enforcement district established under applicable state law with authority to independently establish a budget and impose taxes. In Louisiana, a unit of local government means a district attorney or parish sheriff. In the District of Columbia or any United States Trust Territory, a unit of local government is any agency of the District of Columbia or federal government performing law enforcement functions for the District of Columbia or Trust Territories of the United States. Deadline Applicants must register in OJP's Grants Management System (GMS) prior to submitting application for this funding opportunity. Select the "Apply Online" button associated with the solicitation title. (See "How To Apply," page 14.) All registrations and applications are due by 8:00 p.m. eastern time on May 14, 2012. (See "Deadlines: Registration and Application," page 4.) Contact Information For technical assistance with submitting the application, contact the Grants Management System Support Hotline at 1-888-549-9901, optiop'3, or via e-mail to GMS. HelpDeskjg�usdoj.gov. Note: The GMS Support Hotline hours of operation are Monday —Friday from 6:00 a.m. to 12 midnight eastern time, except federal holidays. Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Local Solicitation CFDA #16.738 Overview The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a)) istions. JAG funds the primary provider of federal criminal justice funding to state and local jurisdic support all components of the criminal justice system, from multijurisdictional drug and gang violence programs, courts, corrections, treatment, task forces to crime prevention and domestic and justice information 04inginitiatives. JAG -funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. Deadlines: Registration and Application Applicants must register in GMS prior to submitting an application for this funding opportunity. The deadline to register in GMS is 8:00 p.m. eastern time on May 14, 2012, and the deadline to apply for funding under this announcement is 8:00 P.M. eastern time on May 14, 2012. See the "How To Apply" section on page 14 for more details. tc� Eligibility Refer to the cover page of this solicitation for eligibility under this program. JAG Program —Specific Information Formula Once each fiscal year's overall JAG Program funding level is determined, BJA partners with the Bureau of Justice Statistics (BJS) to begin a four -step grant award calculation process which consists of: I. Computing an initial JAG allocation for each state and territory, based on their share of violent crime and population (weighted equally). 2. Reviewing the initial JAG allocation amount to determine if the state or territory allocation is less than the minimum ("de minimus") award amount defined in the JAG legislation (0.25 percent of the total). If this is the case, the state or territory is funded at the minimum level, and the funds required for this are deducted from the overall pool of JAG funds. Each of the remaining states receives life minimum award plus an additional amount based on their share of violent crime and population. 3. Dividing each state's final award amount (except for the territories and District of Columbia) between state and local governments at a rate of 60 and 40 percent, respectively. OMB No. 1121-0329 BJA•2072-3266 Approval Expires 02/28/2013 q I 4. Determining local unit of government award allocations, which are based on their proportion of the state's three-year violent crime average. If a local eligible award , amount is less than $10,000, the funds are returned to the state to be awarded to these local units of government through the state agency. If the eligible award amount is $10,000 or more, then the local government is eligible to apply for a JAG award directly from BJA,. Award Amount Eligible award amounts under JAG are posted annually to BJA's JAG wttre��b page: www big gov/ProgramDetails aspx?Program ID=59. (see bw-tc (-%,ee t 4 All awards are silbject to the availability of appropriated funds and to any modifications or additional requirements that may be imposed by law. Purpose Areas JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation, data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: �v. • Law enforcement programs. • Prosecution and court programs. • Prevention and education programs. • Corrections and community corrections programs. • Drug treatment and enforcement programs. • Planning, evaluation, and technology improvement programs. • Crime victim and witness programs (other than compensation). JAG funds may also be used to address key statutory requirements that may not be otherwise funded, including requirements from the state and federal level, such as addressing limited English proficiency requirements and other similar mandates. Responsibilities The Chief Executive Officer (CEO) of an eligible unit of local government or other officer designated by the CEO must submit the application for JAG funds. A unit of local government receiving a JAG award will be responsible for the administration of the funds including: distributing the funds; monitoring the award; submitting quarterly financial status (SF-425) and performance metrics reports and annual programmatic reports; and providing ongoing oversight and assistance to any subrecipients of the funds. Length of Awards Awards are made in the first fiscal year of the appropriation and may be expended during the following 3 years, for a total grant period of 4 years. Extensions beyond this period may be made on a case -by -case basis at the discretion of the Director of BJA and must be requested via the Grants Management System (GMS) no less than 30 days prior to the grant end date. BJA-2012.3266 OMB No. 1121-0329 5 Approval Expires 02/28/2013 St. Lucie County, FL. — MOU —2012 Edward Byrne Memorial Justice Assistance Local Solicitation Grant Memorandum of Understanding 2012 Edward Byrne Memorial Justice Assistance Grant Program (JAG) St. Lucie County, FL — Joint Grant Application This Memorandum of Understanding dated this 8`h day of May 2012 is between St. Lucie County, the City of Fort Pierce Police Department, and the St. Lucie County Sheriff's Office and is required by the U.S. Department of Justice Office of Justice Programs, Bureau of Justice Assistance to complete the 2012 Edward Byrne Memorial Justice Assistance (JAG) Local Solicitation Grant application submission for joint applicants. St. Lucie County will serve as the Prime Recipient, Lead Applicant, Fiscal Agent, and Administrating Agency for the Justice Assistance Grant Program. Both the City of Fort Pierce Police Department and the St. Lucie County Sheriff's Office will serve as sub - recipients (implementing agencies) responsible for submitting programmatic (progress) and financial management reporting via online services by inputting their own data as the reporting systems allow. Ultimately, St. Lucie County serving as Prime Recipient will be responsible for the review and the final submission of all programmatic and financial management reports for the Justice Assistance Grant Program. In addition, St. Lucie County will establish a trust fund in which to deposit and distribute of Justice Assistance Funds. As outlined in a letter from the County Administrator Faye W. Outlaw to the Fort Pierce Police Chief Sean Baldwin and the St. Lucie County Sheriff Ken Mascara, St. Lucie County was allocated $60,071.00 from the U.S. Department of Justice for the Justice Assistance Grant Program. As outlined in this letter, the grant funding will be divided equally among the two law enforcement agencies. If there are any concerns regarding the distribution of funding, the law enforcement agencies should respond to the County Administrator by May 10, 2012. Distribution of Funds: Fort Pierce Police Department - $30,035.50 St. Lucie County Sheriffs Office- $30,075.50 On May 1, 2012 the St. Lucie Board of County Commissioners to approved the submission and acceptance of the 2012 Edward Byrne Memorial Justice Assistance Grant (JAG) Local Solicitation application. We will be submitting the application under the Program Purpose Area — Law Enforcement — Planning, evaluation, and technology improvement programs. By signing this Memorandum of Understanding all parties agree to: • The distribution of funding. 5/8/2012 St. Lucie County, FL. — MOU — 2012 Edward Byrne Memorial Justice Assistance Local Solicitation Grant Submit quarterly financial reports to the St. Lucie County Office of Management and Budget. Both agencies (FPPD & SLCSO) will be responsible for submitting reports via online services by inputting their own data as the reporting systems allow, along with providing copies of purchase backup documentation such as, authorized purchase orders, vendor invoices and proof of payment (including a check number, check date, and payment amount). Financial reports will be submitted to the Office of Management and Budget no later than 15 days after the end of each Fiscal Year Quarter. • Purchase equipment, supplies or services only under the U.S.D.O.J. approved Purpose Areas. • Federal prohibited use of funding — JAG funds cannot be used directly or indirectly for security enhancements or equipment to nongovernmental entities not engaged in criminal justice or public safety. • Abide by Federal Supplanting Laws - Federal fiords must be used to supplement existing funds for program activities and, cannot replace, or supplant, nonfederal funds that have been appropriated for the same purpose. • Notify the County Administrator and the Office of Management and Budget 30 days in advance on any changes in local grant administration, changes in program areas and/or the approved budget. • Provide the St. Lucie County Office of Management and Budget with any programmatic reports that may be needed and submitted and/or any additional financial reports or documentation that may be requested. Both agencies (FPPD & SLCSO) will be responsible for submitting reports via online services by inputting their own data as the reporting systems allow and providing any support documentation. Sigtfatm� Faye W. Outlaw, Signature Robert J. B on, ,Pint OV D AS Tsy 5/8/2012 St. Luck County Fort Pierce, Florida Date �/9 & Date: 2 Department of Justice Office of Justice Programs Office of Communications Washington, D.C. 20531 GRANT NOTIFICATION Grant Number: 2012-DJ-BX-0237 Name & Address of Recipient: St. Lucie County 4700 W Midway Road City, State & ZIP: Fort Pierce, Florida 34981-4825 Recipient Project Director/Contact: Kenneth Mascara Sheriff Phone: (772) 462-3359 Title of Program: FY 12 Edward Byrne Memorial Justice Assistance Grant (]AG) Program Local Solicitation Title of Project: FY 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Local Solicitation Amount of Award: $ 60,071 Date of Award: 06/22/2012 Awarding Agency: Bureau of Justice Assistance Stefanie Harris Supplement: No Statutory Authority for Program: FY1203JA - JAG) 42 USC 3750, et seq. Impact/Focus: Formula CFDA Number: 16.738 Project Description: The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3)-prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation). The disparate jurisdictions will use the grant to support law enforcement and communication initiatives. Specifically, funds will be used to purchase updated weapons, computers, and necessary accessories. The project goals are to enhance and advance law enforcement programs to effectively and efficiently provide for the safety of the residents within the County. NCA/NCF For more information about this grant, contact the Office of Justice Program's Office of Communications at 202/307-0703. ITEM NO. VI-G1 DATE: 7/17/12 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 �j1( SUBJECT: Juanita Avenue Bridge BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: October 13, 2009 — Board approval of the Florida Department of Transportation (FDOT) Local Funding Agreement and Resolution 09-302, Memorandum of Agreement pertaining to interest bearing escrow account, Highway Maintenance Memorandum of Agreement and Resolution 09-303 for the construction of the Juanita Avenue Bridge Replacement over Taylor Creek. RECOMMENDATION: Board acceptance of the Juanita Avenue Bridge. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney ( x) `j OMB Director ( x) / IIY VV Daniel McIntyre Budget Analyst Marie Go lin Originating Dept. ( x ) Road & Bridge Manager ( x ) - Don'0Id West .14P �n Do ald Pauley Juanita Ave. Bridge acceplance.ag County Engineer (x) mq Michael Powley Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Directory-'i�G FROM: Michael Powley, County Engineer f�6�r�� DATE: July 17, 2012 SUBJECT: Juanita Avenue Bridge ITEM NO. VI-G1 Background: The County received $1.4 million in Federal Stimulus money for the replacement of the Juanita Avenue Bridge over Taylor Creek project. However, due to the very tight time line associated with these funds, the County requested FDOT assistance. FDOT agreed and utilizing a Design/Build approach retained Lucas Marine Construction and Florida Bridge and Transportation Consulting Engineers to complete the work. The bridge has been completed. The Land Development Code's one year and 30-day maintenance period has passed with no need for maintenance. Attached is the certification statement from the project's Engineer of Record. (Attachment A). Recommendation: Board acceptance of the Juanita Avenue Bridge ATTACHMENT A July 26, 2010 PREPARED BY: JAV, MN, MLH 14S LI, I I � - e&r (ju &6ye- 6-6M 6n5)'nal) SPECIFICATIONS PACKAGE FOR FINANCIAL PROJECT ID(S). 426209-1-52-01 FEDERAL FUNDS DISTRICT FOUR, ST. LUCIE COUNTY The 2010 Edition of the Florida Department of Transportation Standard Specifications is revised as follows: I hereby certify that this specifications package has been properly prepared by me, or under my responsible charge, in accordance with procedures adopted by the Florida DepartmentofTransportation. E R MA Signature and Seal: Name: Page(s): ^.Cr LLJ I0F :Zo` e \ 4 PLO - I - FPID(S): 426209-1-52-01 I torida Department of Transportation RICK SCOTT 3601. Oleander Avenue ANANTH PRASAD, P.E. GOVERNOR Fort Pierce, FL 34982 SECRETARY July 14, 2011 Mike Powley, County Engineer St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982 Re: Warranty for St Lucie County ARRA projects The ARRA project in St Lucie County was recently completed and Final Accepted by the Florida Department of Transportation (FDOT). The contract and specifications for the project include warranties that became effective on the date of final acceptance. This letter is to inform you that FDOT has not and will not conduct periodic warranty inspections on this project since the roadway is not on the state highway system. For the County's use, we have included the construction contract and the as -built plan for the project noted below: 426209-1-52-01 — Juanita Avenue Bridge Replacement Final Acceptance Date: March 22, 2011 Contractor: Lucas Marine If enforcement of any warranty issue becomes necessary, Department staff will be available to assist. If you have any comments or concerns, please contact me at 772-489-7081. cc: Carolyn Gish, FDOT Treasure Coast Ops. Sincerely, Jeffrey LeClaire, P.E. Operations Support Manager D4, Treasure Coast Operations www.dot.state.fl.us TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: COMMISSION ACTION: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Administration Mid -Year Organizational Changes See attached memorandum. Various Funds N/A ITEM NO. VI-H DATE: 7/17112 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) PRESENTED BY: Faye W. Outlaw, MP County Administr tor, IC A -CM Board approval of the following: • Establishment of the Tourism and Venues Division in the Parks, Recreation & Facilities Dept. • Tourism and Venues Division staffing plan. • Realignment of the Parks North and South Divisions into the Regional Parks & Stadiums Division and the Parks & Special Facilities Division. • Creation of a Recreation Supervisor III position within the Parks & Special Facilities Division. • Road & Bridge staffing plan which includes elimination of two positions and reclassification of two positions. • Information Technology management staffing plan which includes elimination of two positions and creation of an Assistant IT Manager position. ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County OMB Director Attorney (X) Budget Analyst (X) Daniel McIntyre Marie Gouin Originating (X) Human N Dept. Resources Faye W. Outlaw, T ra Raym re MPA Administration u_u•:,NUIRMI TO: Board of County Commissioners (BOCC) FROM: Faye Outlaw, County Administrator, MPA, ICMl tf (� DATE: July 17, 2012 SUBJECT: Mid -Year Organizational Changes ITEM NO. VI-H This item is a request for Board approval of organizational changes in the Parks, Recreation and Facilities Department, the Public Works Department and the Public Safety & Communications Department as outlined herein. Overall, the proposed organizational changes will result in cost savings in the current fiscal year and have only a minimal budget impact in future budget years. At its December 13, 2011 workshop, the Board agreed that the primary focus of the Havert L. Fenn Center, when not in use as a special needs shelter, will be to serve as a venue for hosting local events and attracting events from outside the Treasure Coast. As presented and discussed at the meeting, public venues rarely generate revenue sufficient to cover expenses. Their primary benefit is the economic boost to the local economy which results from bringing meetings, conferences and events to the area. At its February 23, 2012 workshop, the Board supported staff's recommendation to merge the Tourism office with both the Fenn Center and the Fairgrounds, focusing on developing both these facilities as venues to stimulate the local economy. The benefits to this organizational structure include: 1. Linking the venues with tourism advertising and marketing efforts; 2. Coordinating major bookings with hoteliers, restaurants and other local businesses; Partnering with the Port St. Lucie Civic Center to attract and capture major events; and 3. Cross -utilizing staff at both venues to reduce the need for overtime and contract labor. In April 2012, the Board adopted a new Facility Use Policy and designated both the Havert L. Fenn Center and the Fairgrounds as St. Lucie County venues. The next step in this process is to establish the Tourism and Venues Division in the Parks, Recreation & Facilities Department where the new Director, Mr. Ed Matthews, has significant experience in managing a wide variety of public venues. In evaluating the required staffing for the Division, staff conducted an investigation of staffing at similar venues in Florida. The Fenn Center has 32,340 Square Feet (SF) of rentable space. The Fairgrounds has 110,000 SF in three buildings, one covered arena, one outdoor arena (with another proposed for FY13 from Parks MSTU funding), 92 recreational vehicle camping spaces and more than 125 stalls on 253 acres, all of which are rentable facilities. Based on the size and venue features at the Fenn Center and the Fairgrounds, both are significantly understaffed with a total of five. positions that are focused on recreation rather than event and venue management. Page 2 The recommended initial staffing for the new division totals nine positions. Only two are new positions. The remaining seven positions consist of reclassifying five existing positions and transferring in of two positions. The process to fill these positions will begin following Board approval. Realignment of the Parks North and Parks South Divisions: Staff is also requesting the Board to approve the realignment of the North and South Divisions in the Parks, Recreation & Facilities Department. The realignment is based on each Division's functions. The new Division names will be 1) Regional Parks & Stadiums and 2) Parks & Special Facilities. Within the Parks & Special Facilities Division, a new staff position (Recreation Supervisor III) will be needed for oversight of the Savannas, which is a large, active park, a busy campground during the fall and winter and which has recently re -opened on weekends for camping during the summer on a trial basis. The one existing staff person at the Savannas is splitting their time between the Fairgrounds and the Savannas and will be assigned full-time to the new Tourism & Venues Division; thus, creating the need for the proposed Recreations Supervisor III position. There will be no fiscal impact from these actions this fiscal year. The annual fiscal impact for next year will be discussed at the upcoming budget meetings with the BOCC but it is expected to be minimal. Public Works Department: Road & Bridge Division As part of an operational re-evaluation, the Road & Bridge Manager is proposing a plan which will better meet the operations current needs and save approximately $80,000. The first component of the plan includes the elimination of two vacant funded positions: a Maintenance Technician IV and an Equipment Operator. The $80,000 projected savings will be reallocated to contract labor on an as -needed basis to perform general duties such as trash pick-up, cleaning ditches and swales etc. The second component of the plan includes the reclassification of two existing funded positions: a Traffic Engineering Technician and an Equipment Operator. The two positions will be reclassified to Heavy Equipment Mechanic (HEM) positions to fill a critical need within the Division. Currently, there is only one HEM position within the Division which not only maintains the heavy equipment in the Road & Bridge and Water Quality Divisions but also the heavy equipment in the Environmental Resources, Mosquito Control & Coastal Management and Parks, Recreation & Facilities Departments. Staff has not been able to keep up with the required maintenance and repairs on the equipment, most of which is aging as a result of the freeze on capital expenditures for the last six years. In addition, the current employee is also required to be in the field frequently, leaving no one to work on repairs in the shop and no one to fill the gap when the employee is out on leave. The Board should note that it's considerably more expensive to contract out heavy equipment repairs than it is to provide this service in-house. There is a $12,000 increase associated with the two reclassifications which will be absorbed through the savings from the elimination of the two vacant funded positions. Public Safety & Communications Department: Information Technology Division: In 2010, the former Information Technology Department was consolidated with Public Safety and restructured into a Division of the new Department. After a year and a half of analyzing the operation, the Public Safety Director is proposing to restructure the management infrastructure of the Division to include an Assistant Division Manager position. If approved by the Board, the new position would oversee the two specialized sections and provide supervision to the two coordinators. The new proposed position would be funded through budgeted funds from the elimination of an existing vacant Page 3 funded Systems Analyst position and an existing vacant funded Customer Service Position. The net effect is projected to be a savings of approximately $25,000. As part of the Board's fiscal sustainability strategy, in general, vacant funded positions have been eliminated from the County's budget. Exceptions were made for two of the vacant funded positions in Road & Bridge and all of the other vacant positions became vacant after adoption of the 2012 budget. Recommendation Board approval of the following: • Establishment of the Tourism and Venues Division in the Parks, Recreation & Facilities Dept. • Tourism and Venues Division staffing plan as described above and outlined in Attachment A. • Realignment of the Parks North and South Divisions into the Regional Parks & Stadiums Division and the Parks & Special Facilities Division as described above. • Creation of a Recreation Supervisor III position within the Parks & Special Facilities Division as described above and outlined in Attachment A. • Road & Bridge staffing plan which includes elimination of two positions and reclassification of two positions as described above and outlined in Attachment A. • Information Technology management staffing plan which includes elimination of two positions and creation of an Assistant IT Manager position as described above and outlined in Attachment A. Attachment A TOURISM & VENUES DIVISION Proposed Position Title Action Required Previous Position Title Previous PG New PG Manager, Tourism & Venues Reclass Tourism Coordinator 20 24 Venue Coordinator Reclass Recreation Supervisor IV (Fairgrounds) 16 21 Venue Coordinator Reclass Recreation Coordinator II (Fenn Center) 19 21 Event Specialist Reclass Recreation Supervisor III (Fenn Center) 14 18 Maintenance Tech I Reclass Maintenance Tech III 9 7 Event Specialist New N/A N/A 18 Maintenance Tech l New N/A N/A 7 Senior Staff Assistant "Transfer N/A 14 N/A Maintenance Tech III "Transfer N/A 9 N/A "Two positions are being transferred in to the Division. The following positions are approved but are not funded and will be filled after FY 13 or based on funding and bookings. Event Specialist New N/A N/A 18 Event Technician New N/A N/A 17 Sr. Fiscal Assistant New N/A N/A 14 PARKS & SPECIAL FACILITIES DIVISION Recreation Supervisor III (Savannas) I New IN/A N/A 14 ROAD & BRIDGE DIVISION Heavy Equipment Mechanic Reclass Traffic Engineering Tech. 13 15 Heavy Equipment Mechanic Reclass Equipment Operator 9 15 N/A Eliminate Maintenance Technician IV 10 N/A N/A Eliminate Equipment Operator 9 N/A INFORMATION TECHNOLOGY DIVISION Assistant Manager, IT Reclass I Analyst (IT) 20 24 ITEM NO. VI-11 DATE: 7/17112 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Glenn Henderson SUBMITTED BY: Office of Management & Budget/Grants Senior Grants Writer SUBJECT: Solar and Energy Loan Fund of St. Lucie County Inc. Contract Amendment BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: December 8, 2009 — Board approval to submit grant application. September 14, 2010 — Board acceptance of grant contract with the Department of Energy. October 26, 2010 — Board acceptance of Budget Resolution No. 10-261. RECOMMENDATION: Board authorization to submit a grant contract amendment to the Solar and Energy Loan Fund of St. Lucie County Inc. for the Clean Energy Program Grant and Board authorization to have the Chairman sign the required documents, as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney (X) Management & N Budget Director Dan el McIntyre Budget Analyst (X) Marie M. Gouin (X) Patty M rston Office of Management and Budget/Grants Division MEMORANDUM TO: Board of County Commissioners THROUGH: Marie M. Gouin Management & BudgeW ctor FROM: Glenn Henderson 94/ Senior Grants Writer DATE: July 17, 2012 SUBJECT: Solar and Energy Loan Fund of St. Lucie County Inc. Contract Amendment ITEM NO: VI-11 Background: St. Lucie County created the Solar and Energy Loan Fund of St. Lucie Inc. (SELF) in 2010 with the goal of increasing consumer access to Clean Energy enhancements through energy -focused education and favorable financial terms. A $2,941,500 Energy Efficiency and Conservation Grant Fund (EECBG) grant from the U.S. Department of Energy (DOE) enabled SELF to initiate the Clean Energy Loan Program, which offers loans to reduce property owners' energy consumption, save money, boost property values and improve residents' quality of life. Within 14 months of issuing its first loan, SELF has closed more than 100 loans totaling nearly $1 million. Energy auditors hired through the Clean Energy Loan Program have assessed more than 1 million square feet of residential property in St. Lucie County. The low -interest, no -money -down loans are giving property owners the ability to install energy enhancements such as high -efficiency air -conditioners, insulation, doors and windows, and to add renewable energy technologies such as solar hot water heaters and solar photovoltaic panels. SELF, which has been certified as a 501(c)3 institution, is making plans to continue its operations once the EECBG grant term expires in September 2013. To achieve sustainability, SELF has determined it needs to expand services into Martin, Indian River and Okeechobee counties. This would help the nonprofit attract new funding for loans and operating costs needed for the Clean Energy Loan Program to continue. Additionally, SELF has long-range plans to expand into other areas of the State, but those efforts are outside the scope of the EECBG grant. SELF would not use existing loan funds from the EECBG grant to provide loans in the expanded areas. These are being spent entirely in St. Lucie County. Instead, SELF is working to cultivate funding from new sources to create a loan pool for areas outside of the County. In order to approve the expansion plans, DOE requires that the County provide approval for the expansion plans in the form of a letter of support signed by the Chairman of the Board of County Commissioners (BOCC). Separately, the County must amend its contract with SELF (C10-12-589) to include reference to the Treasure Coast expansion plans (Attachment 1). Recommendation: Board authorization to submit a grant contract amendment to the Solar and Energy Loan Fund of St. Lucie County Inc. for the Clean Energy Program Grant and Board authorization to have the Chairman sign the required documents, as approved by the County Attorney. Attachment t AMENDED AND RESTATED AGREEMENT BETWEEN SOLAR AND ENERGY LOAN FUND OF ST. LUCIE COUNTY, INC. and ST. LUCIE COUNTY (EECBG) THIS AGREEMENT (the "Agreement") is made and entered into this _ day of , 2012, by and between the Solar and Energy Loan Fund of St. Lucie County, Inc., a Florida not -for -profit corporation (hereinafter the "SELF'), and St. Lucie County, a political subdivision of the State of Florida (hereinafter the "County"). WHEREAS, the County has requested SELF assistance to help fund and administer "The Clean Energy Loan Program" . (hereinafter the "Project"). A statement of the project objectives is attached to and incorporated into this Agreement as Exhibit "A"; and, WHEREAS, the County has applied for and obtained an EECBG grant (the "Grant") from the United States Department of Energy in the sum of two million nine hundred forty-one thousand five hundred and 0/100 ($2,941,500.00) dollars to implement the Project; and, WHEREAS, the County desires to assign its responsibilities under the Grant to SELF; and, WHEREAS, SELF desires to accept assignment of the County's responsibilities under the grant subject to any County oversight; and, WHEREAS, the Project is an appropriate use of Grant funds and further benefits the health, safety and welfare of the citizens of St. Lucie County, Florida, and the Treasure Coast. NOW, THEREFORE, in consideration of these premises and mutual covenants contained herein, the parties agree as follows: ARTICLE I. DELIVERY OF FUNDS The County shall disburse the Grant funds based on approved invoices and advances to SELF for the Project in an amount not to exceed two million nine hundred forty-one thousand five hundred and 00/100 dollars ($2,941,500.00) (less costs). ARTICLE II. SELF RESPONSIBILITY FOR GRANT CONDITIONS In consideration of the County disbursing funds for the Project, SELF agrees to assume responsibility for complying with all of the terms and conditions of the EECBG Grant Assistance Agreement (Award No. DE-EE0003813) as it may be amended and/or per DOE requirements. A copy of the Grant Assistance Agreement is attached to and incorporated into this Agreement as Exhibit "B". In the event the Department of Energy demands a refund of Grant funds or denies reimbursement to the County as a result of SELF's failure to comply with such conditions, SELF t agrees to pay all funds to the Department of Energy or the County, as appropriate, with interest within thirty (30) days after notification by the County of the Department of Energy's refund demand. SELF agrees to keep records insufficient detail for pre -audit and post -audit purposes. ARTICLE III. COUNTY RIGHT OF AUDIT The County specifically reserves the right to audit or contract to audit SELF's use of the funds and to direct or correct a use of funds. ARTICLE IV. TERM OF AGREEMENT This Agreement shall be effective beginning on the date the last party to this Agreement executes the Agreement and shall continue unless terminated herein. ARTICLE V. TERMINATION This Agreement shall terminate automatically upon completion of the Project and close of the Grant or upon mutual written agreement of the parties. In addition, the County may terminate this Agreement with thirty (30) days prior written notice and failure to cure if SELF fails to comply with the terms of the Grant and this Agreement and fails to maintain its non-profit status. Either party may terminate the Agreement without cause upon 180 days' prior written notice to the other party. The terms of Article II and Article III shall survive the termination of this Agreement. ARTICLE VI. DATA; REPORTS; COOPERATION SELF agrees to submit all data and reports required by the Grant on a periodic basis as determined by the County. The documentation shall include a report on revenues and expenditures. All documentation shall be in a form approved by the County. SELF agrees to cooperate with the County to establish procedures for implementing the Grant in accordance with Grant and County requirements. ARTICLE VII. INSURANCE SELF shall purchase and maintain the following insurance coverages: 1. General Liability: $1,000,000.00 each occurrence 2. Automobile Liability: $1,000,000.00 Combined Single Limit covering "Any Auto" (only IF the Non -Profit owns and/or operates autos) 3. Commercial Crime coverage including coverage for Employee Dishonesty, Forgery, Theft of Money & Securities, Funds Transfer Fraud, Money Orders & Counterfeit Currency and Computer Fraud. 4. Errors & Omissions: $1,000,000.00 5. Workers' Compensation, as required under Chapter 440, Florida Statutes (only if SELF has employees) -2- The County shall be named as an additional insured on all policies. ARTICLE VIII. SUBCONTRACT Subject to written approval by the County, SELF may subcontract or assign all or some portion of its responsibilities pursuant to this Agreement. ARTICLE IX. 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 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 As to the SELF: Kyle Abney President SELF P.O. Box 5506 Fort Pierce, Florida 34954 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With a copy to: Daniel B. Harrell Attorney TD Bank Bldg., 1600 So. Federal Hwy, Suite 200 Fort Pierce, FL 34950-5178 or to such other address as may hereafter be provided by the parties in writing. 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. ARTICLE X. VENUE Any litigation hereunder shall be brought in the applicable state or federal court in St. Lucie County, Florida. ARTICLE XI. HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. -3- ARTICLE XII. RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. ARTICLE XIII. WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. ARTICLE XIV. INVALIDITY OF PROVISIONS The invalidity of one or more of the phrases, sentences, clauses, or Articles contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided that the material purposes of this Agreement can be determined and effectuated. ARTICLE XV. ACCESS TO RECORDS Both parties agree to allow either party, the Department of Energy or the public, to access all documents, papers, letters or other material made or received in conjunction with the Grant agreement. ARTICLE XVI. WHOLE UNDERSTANDING This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. ARTICLE XVII. AMENDMENTS The Agreement may only be amended by a written document signed by all parties. -4- IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized representative(s) on the latest day and year noted below. SOLAR AND ENERGY LOAN FUND OF ATTEST: ST. LUCIE COUNTY, INC. BY: Secretary President Date BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY ATTEST: BY: Deputy Clerk Chairman Date: APPROVED AS TO FORM AND CORRECTNESS: County Attorney -5- ITEM NO. VI-12 DATE: 07/17/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin n� SUBMITTED BY: Office of Management & Budget/Purchasing Director r SUBJECT: Request for Qualifications (RFQ) No. 12-010, Professional Engineering Services — Port Engineering BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140001-4310-531000-400 Professional Services PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the short-listed firms for Professional Engineering Services — Port Engineering and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chairman to sign the documents as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM Coord i nation/S is n atu res County Attorney ( X) �k06 Budget Analyst ( X) Dan McIntyre Patty 1v arston Purchasing ( X C Public Works ( X) Desiree Cimino on West Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioner FROM: Marie M. Gouin, Director M DATE: July 17, 2012 SUBJECT: Request for Qualifications (RFQ) No. 12-010, Professional Engineering Services — Port Engineering ITEM NO. VI-12 Background: On February 8, 2012, responses to RFQ No. 12-010, Professional Engineering Services — Port Engineering, were opened. Five proposals were received; 724 companies were notified and 101 RFQ documents were distributed. Upon selection of the most qualified firms, the consultant will assist in maritime and port related activities including but not limited to, providing professional consulting services for engineering, planning, surveying, architecture and port management, including operations, finance, forecasting and market development. On June 18, 2012, the selection committee evaluated and ranked the proposals that were received. The committee members' scores and ranking for each firm are provided in Attachment A. The short-listed firms in order of ranking are as follows 1. AECOM USA — Fort Pierce, Florida (satellite office) 2. Taylor Engineering, Inc. —West Palm Beach, Florida 3. Tetra Tech, Inc. — Boynton Beach, Florida 4. Dredging & Marine Consultants, LLC — Port St. Lucie, Florida (satellite office) Recommendation: Board approval of the short-listed firms for Professional Engineering Services — Port Engineering and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chairman to sign the documents as prepared by the County Attorney. Attachment A Firm Location Past Performance References Qualifications Total Score Rankin Total possible points per committee member 20 55 25 100 Total possible points for five members 100 275 125 500 AECOM USA 50 241 114 405 1 Taylor Engineering, Inc 15 259 124 398 2 Tetra Tech, Inc 15 247 116 378 3 DMC/Dredging & Marine Consultants 50 218 94 362 4 MBV Engineering, Inc 50 187 79 316 5 LOCATION RATING Headquartered in St. Lucie County 20 Satellite Office in St. Lucie County 10 Office located in the tri-county area Martin, Okeechobee & Indian River Count 6 Office located outside of the tri-county area but in Florida 3 Office located outside of Florida 0 Proposing firms can only receive a score from one of the above categories. Attachment B BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT TABULATION SHEET — RFQ# 12.010 PROFESSIONAL ENGINEERING SERVICES- PORT ENGINEERING SERVICES OPENED: FEBRUARY 08, 2012 AT 3:00 PM FIVE (6) Submittals were received for subject proposal: AECOM -S Contact: Lennart J. Lindahl Phone: 772-461-1291 Fax: 772-461-1221 Address: 2707 Peters Rd., Ft. Pierce, FL 34945 DMC i' DREDGING & MARINE CONSULTANTS LLC-S Contact: Shailesh K. Patel I Phone: 772.878-2905 Fax: 772-878-2990 Address: 1850 SW Fountainview Blvd., Suite 201 Port St. Lucie, FL 34986 MBV- ENGINEERING INC: S Contact: Aaron Bowles Phone: 772-468-9055 Fax: 772-778-3617 Address: 806 Delaware Ave., Ft. Pierce FL 34950 TAYLOR ENGINEERI Contact: Steven Schropp Phone: 561-640-7310 Fax: 516-640-7805 Address: 1675 Palm Beach Lakes Blvd., Suite 210, West Palm Beach, FL 33401 TETRA TECH INC. S Contact: Richard Czla inski Phone: 561-735-0482 Fax: 561-742-0873 Address: 1901 S. Congress Ave., Suite 200, Boynton Beach, FL 33426 NUMBER OF COMPANIES NOTIFIED' 724 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 101 NUMBER OF BIDS RECEIVED: 5 W - Per demandstar.com ITEM NO. VI-13 DATE: 07/17/12 AGENDA REQUEST 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: Bid No. 12-026, Transportation and Disposal of Landfill Leachate BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 401-3410-534000-300 Other Contractual Services PREVIOUS ACTION: N/A ( X) RECOMMENDATION: Board approval to award Bid No. 12-026, Transportation and Disposal of Landfill Leachate, to Okeechobee Landfill/Waste Management, Inc of Okeechobee 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, ICMA-CM Coordination/Sig natures OMB County Attorney (X) ryKyosv� Budget Analyst Dan McIntyre Purchasing (X) Public Works Desiree Cimino (X) D Patt Marston-D/�0uva (X) W ; / Don We on Roberts Office of Management & Budget/Purchasing u3 Fd u•_►A TO: Board of County Commissioners FROM: Marie M. Gouin, Management & Budget Director DATE: July 17, 2012 SUBJECT: Bid No. 12-026, Transportation and Disposal of Landfill Leachate ITEM NO. VI-13 Background: On June 6, 2012, submittals to Bid No. 12-026 for Transportation and Disposal of Landfill Leachate were opened. Five submittals were received; 402 companies were notified and 19 documents were distributed. Bid No. 12-026 was bid in accordance with Local Preference Ordinance No. 09-005. The purpose of this bid is to establish a contract to pump, load, transport and dispose of landfill leachate at a DEP permitted facility at volumes up to 50,000 gallons per day. Solid Waste's current hauling is approximately 24,000 gallons per day. Recommendation: Board approval to award Bid No. 12-026, Transportation and Disposal of Landfill Leachate, to Okeechobee Landfill/Waste Management, Inc of Okeechobee and authorization for the Chairman to sign documents as approved by the County Attorney. BOARD OF COUNTY COMMISSIONERS ATTACHMENT Tabulation Sheet — Bid #12-026 Transportation and Disposal of Landfill Leachate Opened: June 6, 2011 AT 3:30 PM Five (5) submittals were received for subject proposal PURCHASING DEPARTMENT Transportation & Disposal Cost Per 11,000 Gallons LANDFILLIWASTE MANAGEMENT INC. $107,25 8th Okeechobee, FL 34972 rOKEECtHOBEE 7-0111 7-0772CLEAN ENVIRONMENTAL CO, NC, hitten Rd., Lakeland, FL 33811 $ 127.50 Tel: 863-644-0665 Fax: 863-646-1880 DELTA PIONEER INC. 3629 Mineola Dr., Sarasota, FL 34239 $129.00 Tel: 941-369-2721 Fax: 044-886-3631 T. WAYNE HILL TRUCKING INC. 595 W. Summerlin St., Bartow, FL 33830 $172.60 Tel: 863-519-6677 Fax: 863-619-6680 WASTE-wfSE LTD. 164 Commodore Dr., Jupiter, FL 33477 Non -Responsive Tel: 561-707-7717 Fax: 501-745-7347 Number of companies notified*: 402 Number of bid documents distributed*; 19 Number of bids received: 5 *per demandstar.com ITEM NO. DATE: VI-14 07/17/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY:{n(�hJ�V Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Bid No. 12-028, Heavy Equipment Parts and Repair Services BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Various Department Operational Budgets PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to award Bid No. 12-028, pricing contracts for heavy equipment parts and repair services, to the lowest responsive and responsible bidders, Cason's Auto & Truck of Fort Pierce, Hickman's Brake & Alignment Service, Inc of Fort Pierce, Hino of Fort Pierce, Palm Truck Centers of Fort Pierce, Total Truck Parts, Inc of Fort Pierce and Yavorsky's Truck Service of Fort Pierce, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: O APPROVED O DENIED () OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordi nation/Signatures OMB County Attorney (X) 3t zt) , o.r-n Budget Analyst ( ) Dan McIntyre Purchasing ( X) Public Works (X) Desiree Cimino D West Don Pauley Ron Roberts Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Management & Budget Director DATE: July 17, 2012 SUBJECT: Bid No. 12-028, Heavy Equipment Parts and Repair Services ITEM NO. VI-14 Background: On June 13, 2012, submittals to Bid No. 12-028, Heavy Equipment Parts and Repair Services, were opened. Eight submittals were received; 148 companies were notified and 20 documents were distributed. Staff recommends awarding to the lowest responsive, responsible bidders, Cason's Auto & Truck of Fort Pierce, Hickman's Brake & Alignment Service, Inc of Fort Pierce, HINO of Fort Pierce, Palm Truck Centers of Fort Pierce, Total Truck Parts, Inc of Fort Pierce and Yavorsky's Truck Service of Fort Pierce. Bid No. 11-026 was bid in accordance with Local Preference Ordinance No. 09-005. The successful bidder's shall provide St. Lucie County with heavy equipment parts and repair services on an "as -needed" basis for the term of the agreement. Award is based on bidders providing a percentage off list price for parts, hourly labor rate, and a service facility located within 25-miles of St. Lucie County. All bidders are recommended for award with the exception of Kelly Tractor Company and Menzi USA Sales, Inc. who did not provide a percentage off list price for parts and do not have a service facility within 25-miles of St. Lucie County. Recommendation: Board approval to award Bid No. 12-028, pricing contracts for heavy equipment parts and repair services, to the lowest responsive and responsible bidders, Cason's Auto & Truck of Fort Pierce, Hickman's Brake & Alignment Service, Inc of Fort Pierce, Hino of Fort Pierce, Palm Truck Centers of Fort Pierce, Total Truck Parts, Inc of Fort Pierce and Yavorsky's Truck Service of Fort Pierce, and authorization for the Chairman to sign documents as approved by the County Attorney. ATTACHMENT BOARD OF COUNTY COMMISSIONERS TABULATION SHEET - BID #12-028 HEAVY EQUIPMENT PARTS AND REPAIR SERVICES OPENED: JUNE 13, 2011 AT 3:00 PM PURCHASING DEPARTMENT Hourly Shop Rate Parts % off List CASON'S AUTO & TRUCK. Fort Pierce, FL 34982 $59.50 25% Fax: 772-248-1550 HICKMAN'S BRAKE & ALIGNMENT SERV, Fort Pierce, FL 34945 $76.60 45% Fax: 772-489-2185 HINO OF FORT PIERCE Fort Pierce, FL 34950 $79.99 26% Fax: 772-409-1806 YAVORSKY'S TRUCK SERVICE Fort Pierce, FL 34945 $85,00 20% Fax: 772-489-0807 TOTAL TRUCK PARTS INC. Fort Pierce, FL 34951 $89.00 60% Fax: 772-464-7799 PALM TRUCK CENTS Fort Pierce, FL 34960 $90.00 20% Fax: 772-489-2033 KELLY TRACTOR COMPANY West Palm Beach, FL 33417 $92.00 0% Fax: 561-683-4591 MENZI USA SALES INC. Lakeland, FL 33805 $95.00 0% Fax:863-683-6232 Number of companies notified*: 148 Number of bid documents distributed*: 20 Number of bids received: 8 *per demandstar.com ATTACHMENT BOARD OF COUNTY COMMISSIONERS TABULATION SHEET - BID #12-028 HEAVY EQUIPMENT PARTS AND REPAIR SERVICES OPENED: JUNE 13, 2011 AT 3:00 PM PURCHASING DEPARTMENT Hourly Shop Rate Parts % off List CASON'S AUTO & TRUCK. Fort Pierce, FL 34982 $59.50 25% Fax: 772-248-1660 HICKMAN'S BRAKE & ALIGNMENT SERV Fort Pierce, FL 34945 $76.50 45% Fax: 772-489-2185 HINO OF FORT PIERCE Fort Pierce, FL 34950 $79.99 26% Fax: 772-409-1805 YAVORSKY'S TRUCK SERVICE Fort Pierce, FL 34945 $85.00 20% Fax: 772.489-0807 - TOTAL TRUCK PARTS INC. Fort Pierce, FL 34951 $89.00 60% Fax: 772464-7799 PALM TRUCK CENTE Fort Pierce, FL 34960 $90.00 20% Fax:772-489-2033 KELLY TRACTOR COMPANY est Palm Beach, FL 33417 $02.00 0% Fax: 561-683-4591 MENZI USA SALES INC. Lakeland, FL $3805 $95.00 0% Fax:863-683-6232 Number of companies notified": 148 Number of bid documents distributed": 20 Number of bids received: 8 "per demandstar.com AGENDA REQUEST ITEM NO. VI-J DATE: 07/17/12 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 Man ge SUBJECT: CORIZON Health, Inc. Inmate HIV Medications Invoice for May, 2012. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-2300-531300-200 Inmate Medical Expenses (pending BOCC approval) PREVIOUS ACTION: See attached memorandum. COMMISSION ACTION: ( ) APPROVED ( ) OTHER County Attorney (X) Originating Dept. ( X ) Board authorization for payment of CORIZON Health, Inc. invoice number CZN000011290 for Inmate HIV medications for the FY-2012 period of May 01, 2012 through May 31, 2012, in the amount of $38,848.83. ( ) DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures OMB Director Budget Analyst ERD (X) ""qt+ J - (Marie Gouin) (Name) Human Resources Department Risk & Benefits Management TO: Board of County Commissioners THROUGH: Tara Raymore, Human Resources Director FROM: Daniel J. Lutzke, Risk & Benefits DATE: July 17, 2012 SUBJECT: CORIZON Health, Inc. Inmate HIV Medications Invoice for May, 2012. ITEM NO. VI-J 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 CZN000011290 (Attachment A) in the amount of $38,848.83 and is requesting reimbursement from the County for May 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. Inmate HIV medication costs for FY-2012, including the attached invoice, now totals $349,300.98. 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. February 21, 2012 — BOCC Approved payment of December FY-2012 HIV Invoice of $40,409.45. March 06, 2012 — BOCC Approved payment of January FY-2012 HIV Invoice of $48,459.32. April 17, 2012 — BOCC Approved payment of February FY-2012 HIV Invoice of $35,002.02. May 15, 2012 — BOCC Approved payment of March FY-2012 HIV Invoice of $41,665.04. June 19, 2012 — BOCC Approved payment of April FY-2012 HIV Invoice of $43,162.42. Recommendation Board authorization for payment of CORIZON Health, Inc. invoice number CZN000011290 for Inmate HIV medications for the FY-2012 period of May 01, 2012 through May 31, 2012, in the amount of $38,848.83. CORIZON TM INVOICE Invoice: Invoice Date: Page: Customer No: 98005 ST. LUCIE COUNTY SHERIFF'S DEPT. ATTN: TOBY LONG 4700 WEST MIDWAY ROAD FORT PIERCE FL 34981 Payment Due: AMOUNT DUE: For billing questions, please call: 800-729-0069 EXT.1338 Attachment - A CZN000011290 June 28, 2012 1 of 1 8/1212012 38,848.83 Fed TIN # 23-2108853 For products and services rendered during the following dates: Beginning: 05/01/2012 Ending: 05/31/2012 Description - Quantity UOM UnitAmt Net Amount HIV Meds for May'12 1.00 EA 38,848.83 38,848.83 Subtotal: AMOUNT DUE: Please Remit To: EFT Payment To: CORIZON HEALTH, INC Account Number: 12464 Collection Center Drive Routing Number: Chicago IL 60693 Please Document Any Variations In Amounts Not Paid in Full 38.848.83 38,848.83 000112997168 064000020 MONTHLY INVOICE St. Lucie County, FL Contract Year: October 1, 2011 through September 30, 2012 HIV Medications For the month ended: May 31, 2012 Aggregate Terms per Contract (backup attached): Annual Aggregate Limit: $ Annual Aggregate Total: $ 1 100% bill back over $ HIV Medication & Lab Costs - May 2012 38,848.83 AmountDue - May 2012'' $ ; 'r_ 38,84883s AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. Vil-A DATE: July 17, 2012 REGULAR[] PUBLIC HEARING [ x ] CONSENT[ ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Barbieri Assistant County Attorney SUBJECT: Code Enforcement Case No. 67846 -116 Harris Street, Fort Pierce, FL - Excessive Overgrowth of grass and weeds BACKGROUND: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: See attached memorandum CA 12-0744. Staff recommends that the Board authorize a 30 day notice be sent to the Property owner ordering them to mow and maintain the entire property for excessive overgrowth of grass or St. Lucie County will have it abated and place a lien on the Property. Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals( [X] County Attorney: [X] Planning & Development Services Director ((�� Daniel S. McIntyre Mark Satterlee INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Barbieri, Assistant County Attorney C.A. NO: 12-0744 DATE: July 17, 2012 SUBJECT: Code Enforcement Case No. 67846 -116 Harris Street, Fort Pierce, FL - Excessive Overgrowth of grass and weeds BACKGROUND: St. Lucie County has received code compliance complaints from the neighbors of this property at 116 Harris Street (the "Property") in Fort Pierce and have exhausted all avenues to gain compliance. The Property was cited by Code Enforcement on October 25, 2011 in Case No. 67846. The Property was found to be in violation of Section 1-9-32(D) Tall Grass of the St. Lucie County Code and Compiled Laws, Public Nuisance. It was requested that the owner mow and maintain the entire property for excessive overgrowth of grass and weeds. The property was not cleaned up and a Notice of Violation Hearing was sent to the owner on November 29, 2011 notifying them of a public hearing on the matter on January 4, 2012 at 9:00 in the Commission Chambers. The notice was also posted on the property on December 22, 2011. On January 4, 2012, the case was brought before the St. Lucie County Code Enforcement Board. The owner did not appear for the hearing and a Default Judgment/Order was ordered . The violators were ordered to pay a fine of two hundred fifty dollars 00/100 ($250.00) per day for each day the violation continued beginning February 3, 2012, with the maximum fine not to exceed five thousand and 00/100 dollars ($5,000.00) and a prosecution cost of two hundred and 00/100 dollars ($200.00). The violations continued to exist and the case was brought back before the St. Lucie County Code Enforcement Board on March 7, 2012. The owner did not appear for the hearing. The violatorswere ordered to paya fine of two hundred fiftydollars 00/100 ($250.00) perdayfor each day the violation continued beginning February 4, 2012, with the maximum fine not to exceed five thousand and 00/100 dollars ($5,000.00) and a prosecution cost of two hundred and 00/100 dollars ($200.00). The violations continue to exist. The neighbors have stated that the conditions have created a public health safety and unsanitary nuisance on this Property. (See photographs attached). Chapter 67-1998, Laws of Florida, Section 5 finds that all lots in recorded subdivisions in St. Lucie County, outside of municipalities, will be kept free from debris or any other matter which by reason of physical conditions or other peculiar characteristics might cause damage to life or property within the immediate area surrounding the same. If the Board of County Commissioners finds it wise and expedient and serves public health or safety purpose for such property to be cleaned of weeds or other growth of materials, the Board of County Commissioners shall cause a notice to be delivered requiring abatement of this nuisance. If the nuisance is not abated, the Board may order those lots to be cleared of the tall grass and weeds. RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize a 30 day notice be sent to the Property owners ordering them to mow and maintain the entire property for excessive overgrowth of grass and weeds or St. Lucie County will have it abated and place a lien on the Property. Respectfully submitted, KB/cb Katherine Barbieri Encl. Assistant County Attorney I:\CB H Dr've\AKendaMemo-KMSI3fiHaMs.wpd AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Environmental Resources Department Environmental Regulations and Lands Division SUBJECT: Shoreline Variance Request — Daniel Harrell BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A ITEM NO. VII-B DATE: 7/17112 REGULAR ( ) PUBLIC HEARING ( x ) LEG. ( ) QUASWD ( x ) CONSENT PRESENTED er Benjamin Balcer Senior Environme Planner RECOMMENDATION: Board approval of Resolution 12-018, granting a shoreline variance, in accordance with Section 10.01.30 of the St. Lucie County Land Development Code, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney _ ( x nkR=tPn Dd-n County Surveyor Daniel S. McIntyre County Engineer ( x) Planning & Development Mu Services Michael Powley Originating Dept. (x ) Karen Smith ( x) X yrT Ron Harris (x) Mark Satterlee Environmental Resources Department MEMORANDUM TO: Board of County Commissioners THROUGH: Karen L. Smith, Environmental Resources Department Director FROM: Benjamin Balcer, Senior Environmental Planner Amy Griffin, Environmental Regulations and Lan s anager DATE: July 17, 2012 SUBJECT: Shoreline Variance Request — Daniel Harrell ITEM NO. VII-B The purpose of this memorandum is to provide background information, findings and standards of review to accompany a request for Board approval of Resolution 12-018, granting a shoreline variance from the Land Development Code (LDC) St. Lucie River Shoreline Development Regulations (Section 6.02.02(B)(2)(a)). The LDC states, "No development activity or shoreline alteration is permitted along the St Lucie River unless a variance is granted by the Board of County Commissioners" (Section 10.01.30). Background The Harrell property is located at 741 SE Hidden River Drive and consists of 0.51-acres with a single family residence along the St. Lucie River. The residence was constructed in 1980 and is bordered by the St. Lucie River to the east-northeast. The applicant proposes to construct a seawall, along 100 linear feet of shoreline which would tie into an existing seawall on the south side of the property. The parcel to the north of the property is currently undeveloped and highly vegetated. There is an existing wood dock and a boatlift on the subject property. The shoreline is severely eroded with the loss of approximately three (3) feet of land that has sloughed into the river. The cause of the erosion appears to be a combination of factors. Human activity, in the form of the existing seawall to the south and boat traffic, has accelerated the erosion process. The location of the property on the outer bend of the river has exacerbated the erosion due to the greater inertial force of the water. Findings The variance request is from Section 6.02.02.B of the LDC which requires setbacks from the shoreline of the St. Lucie River. Specifically, the LDC states "No development activity or shoreline alteration, including alteration of native vegetation and habitat, shall be permitted within 50 feet of the mean high water line on lots platted prior to August 1, 1989". Comprehensive Plan Policy also requires a minimum 50-foot native upland buffer within the setback (Comprehensive Plan Policies 5.1.1.8 and 5.1.2.3). Since natural shoreline restoration would not likely be successful in such a high-energy environment and no other reasonable alternative exists, the LDC allows for the installation of an erosion control barrier to prevent further attrition and water quality impacts with an approved variance from the BOCC. The applicant has submitted a planting plan that satisfies the 50-foot native upland buffer requirement. The native vegetation will provide habitat and aid in water percolation, consequently increasing the water quality of the St. Lucie River. The Environmental Resources Department (ERD) has found the request for variance to be consistent with the standards of review for granting shoreline variances as detailed below. ST. LUCIE COUNTY LAND DEVELOPMENT CODE .STANDARDS OF REVIEW FOR GRANTING A WAIVER FROM SECTION 10.01.30 The Board of County Commissioners shall not grant a waiver unless it shall, in each case, make specific findings of fact based directly upon the.particular evidence presented supporting written conclusions that: The variance requested arises from a condition that the particular physical surroundings, the shape, or topographical condition of the specific parcel of land involved, would result in unnecessary hardship for the owner or developer, as distinguished from a mere inconvenience, if the provisions of this Section are literally enforced, and the condition is created by the regulations of this Section, and not by an action or actions of the owner, developer or applicant; The requested. variance is the result of conditions unique and particular to the specific property involved. The subject property is located along the St. Lucie River. The severe erosion appears to be caused by a confluence of environmental factors including the location of existing seawalls and boat traffic which amplifies the reflective wave energy on the Harrell shoreline. The erosion was not created by the actions of the owner and the consequent property loss does result in a hardship for the owner. 2. The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject parcel of land is located; The variance granted will not impair or injure other property or improvements in the neighborhood in which the subject parcel of land is located. The Harrell property is bordered by an existing sea wall on the south side of the proposed retaining wall and the shoreline of the property to the north is heavily vegetated. The extensive vegetation on the neighboring parcel is currently supporting the bank from erosion and will aid in reducing the amount of erosion in the future. Therefore, impacts to adjacent property owners are not anticipated. 3. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structures; and The variance granted is the minimum to allow the construction of an upland retaining wall within the shoreline protection buffer that will make possible the reasonable use of the land and prevent any further erosion of the shoreline to the subject property. 4. The variance desired will not be opposed to the general spirit and intent of this ordinance or the St. Lucie County Comprehensive Plan. The requested variance is in support of the purpose and intent of applicable Comprehensive Plan Policies and the LDC. The purpose and intent of resource protection standards are to preserve, protect, and improve the public health and safety and to minimize impacts to the natural environment. The variance is necessary to prevent further loss of property and additional erosion. Although the proposed variance will result in impacts to the natural shoreline, the stabilization of the banks, combined with the upland buffer plantings along the St. Lucie River, will reduce the amount of siltation in the water. This will fundamentally offset the impact and achieve a similar purpose and intent. 5. The variance along the St. Lucie River or its tributaries shall be granted only when existing conditions on or adjacent to the property are such that granting of the variance will prevent erosion and siltation to a greater extent than not granting the variance. The requested variance will prevent erosion and siltation to a greater extent than not granting the variance. The retaining wall will reduce the siltation deposits into the river and prevent further erosion of the site. Recommendation Board approval of Resolution 12-018, granting a shoreline variance, in accordance with Section 10,01.30 of the St. Lucie County Land Development Code. 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 RESOLUTION NO. 12-018 FILE NO.: BCC 120124396 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS GRANTING A VARIANCE FROM THE PROVISIONS OF SECTION 6.02.02(B)(2)(a), OF THE ST.LUCIE COUNTY LAND DEVELOPMENT CODE — ST. LUCIE RIVER SHORELINE DEVELOPMENT REGULATIONS, TO ALLOW FOR THE CONSTRUCTION OF AN EROSION CONTROL BARRIER ALONG 100 LINEAR FEET OF THE ST. LUCIE RIVER SHORELINE LOCATED AT 741 S.E. HIDDEN RIVER DRIVE 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. Daniel B. Harrell presented a petition 'for a variance from the provisions of Section 6.02.02(B)(2)(a), of the St. Lucie County Land Development Code — St. Lucie River Shoreline Development Regulations, to allow for the construction of an upland retaining wall to create an erosion control barrier along 100 linear feet of the St. Lucie River shoreline located at 741 S.E. Hidden River Drive. 2. On July 17, 2012, this Board held a public hearing on the petition, after publishing a notice of such hearing in the St. Lucie News Tribune and notifying by mail all owners of property within 500 feet of the subject property. 3. After consideration of the testimony presented during the public hearing, including staff comments and the standards of review for granting variances set out in Section 10.01.30, St. Lucie County Land Development Code, the Board of County Commissioners has made the following determination: a. The variance requested arises from conditions that are unique and particular to the specific parcel of land involved. The subject property is located on the North Fork of the St. Lucie River. The property is currently experiencing severe erosion along the bank, which was not created by the actions of the owner and the consequent property loss is resulting in a hardship for the owner. b. The variance granted will not impair or injure other property or improvements in the neighborhood in which the subject parcel of land is located. The subject parcel is bordered by an existing retaining wall on the south side of the proposed retaining wall and the shoreline of the property to the north is heavily vegetated. c. The variance granted is the minimum to allow for the construction of an upland retaining wall within the shoreline protection buffer, making it possible for reasonable use of the land and prevent any further erosion of the shoreline. File No: BCC 120124396 July 17, 2012 Resolution No. 12-018 Page 1 I d. The variance desired will not be opposed to the general spirit and intent of this 2 ordinance or the St. Lucie County Comprehensive Plan. 3 4 e. The requested variance will prevent erosion and siltation to a greater extent 5 than not granting the variance. The retaining wall will reduce the siltation 6 deposits into the river andprevent further erosion of the site. 7 8 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. 9 Lucie County, Florida: 10 ii A. Pursuant to Section 6.02.02(8)(2)(a) of the St. Lucie County Land Development Code, 12 the request of Daniel B. Harrell for a variance from the provisions of Section 13 6.02.02(B)(2)(a), of the St. Lucie County Land Development Code — St. Lucie River 14 Shoreline Development Regulations, to allow for the construction of an upland 15 retaining wall to create an erosion control barrier along 100 linear feet of the St. Lucie 16 River shoreline is hereby Upproued/tleLlied) for the property depicted on the attached 17 maps as Exhibit "A", subject to the following conditions: 18 19 1) Within 90 days of issuance of a building permit or prior to final inspection 20 whichever comes first, per Section 7.09.05, Category I Invasive Exotic vegetation 21 shall be removed from within the project boundary. Environmental Resources 22 Department staff shall be notified for an inspection once completed. 23 24 2) Within 90 days of issuance of a building permit or prior to final inspection whichever 25 comes first, completion of the erosion control barrier, the applicant shall install 26 native vegetation, in accordance with the approved upland buffer planting plan. 27 Environmental Resources Department staff shall be notified for an inspection once 28 completed. 29 30 B. The property on which this variance is being granted is described as follows: 31 32 Lot 16, Block 1, Hidden River Estates, according to the plat thereof in the office of 33 the Clerk of Court in St. Lucie County, Florida, recorded in Plat Book 18, Page 14, 34 14A through 14B of the public records of St. Lucie County, Florida. 35 36 C. The approvals granted by this Resolution is specifically conditioned to the requirement 37 that the petitioner, including any successors in interest, shall obtain all necessary 38 development permits and construction authorizations from the appropriate State and 39 Federal regulatory authorities, including but not limited to: the United States Army 40 Corps of Engineers, the Florida Department of Environmental Protection, and the 41 South Florida Water Management District, prior to the issuance of any local building 42 permits or authorizations to commence development activities on the property 43 described in Part B. 44 45 D. The conditions set forth in Part A are an integral nonseverable part of the variance 46 approval granted by this resolution. If any condition set forth in Part A is determined to File No: BCC 120124396 Resolution No. 12-018 July 17, 2012 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 be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the variance approval granted by this resolution shall become null and void. E. A copy of this resolution shall be mailed, return receipt requested to the property owner and agent of record. This resolution shall be recorded in the Public Records of St. Lucie County. The recording of this resolution does not authorize the commencement of any on -site development activities without obtaining such further development permits as may be required. After motion and second, the vote on this resolution was as follows: Todd Mowery, Chairman xxx Paula Lewis, Vice Chair XXX Chris Craft, Commissioner XXX Frannie Hutchinson, Commissioner XXX PASSED AND DULY ADOPTED this 17th day of July 2012. ATTEST: DEPUTY CLERK File No: BCC 120124396 July 17, 2012 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA l_ Chairman APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Resolution No. 12-018 Page 3 2 3 4 5 6 7 Exhibit A General Location Map AR-1 i T f w s� Co RU"F i eJe R�ec CPUB N Subject Property"ing SL Lu leC only Zo Inq Port St Leck Zoning City of Port St. Lucie AR1 AgnmWrel Re Id.WW(t LW..) GU-Genem[U.. CPUs c a mefmn P"Km R5-2- Single FamAy Residential RSA q tlenlial Slnd. F m ly (3 dmao) File No: BCC 120124396 Resolution No. 12-018 July 17, 2012 Page 4 � � � � � � � � � � � � � ^� � /� / � � � � ^� � °\� � \�� � � \ � � � � � _ � � . > d . � r >� : <� � `+ \� > :� � � � 2 \§ �� w - \�� \\ »� � ^�� «?�^\� ES«: & . d?»»2z\ , :� � � . \ y ^ \� \\ �� � ^^� \Z2<� © ©, �> w: »© :.� 7 » � d�� © 2 d: �. \ ; . ,� �^� °� < � . ��$«�\���.� . . / > � % � � � d« �� � � � ®\._.� � � � f.«� \��� .. ... ... ... m . . . ...® . . ..... .... . . . . . . . .... ....... . U) 0 cl) 0 ID T O . . . . . . . . . . . . . . . . . . . . . . . . . . U) . . . . . . . . . . . . 52 0 . w C, 00 gaoo CD Rr= 0 co (D cy) (D 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.stiucleco.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 Type [check Bach that applies] Site Plan Rezoning S ❑ Major Site Plan ❑ Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment ` ❑ 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 i ❑ Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance s ❑ Administrative Variance Variance ❑ Variance to Coastal Setback Line Other ❑ Administrative Relief ❑ Class A Mobile Home s ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Change' ❑ Land Development Code Text Amendment 7 ❑ Plat ❑ Post Development Order Change ❑ Re -Submittal # e ❑ Shoreline Variance ❑ Stewardships — Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements' ❑ Appeal of Decision by Administrative Official" [[cation SUDolement Packages 1. Conditional Use 5. Class A Mobile Home 9. Waiver 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). RECEIVED BY JAN 3 12012 Page 1 of 6 Revised June 21, 2010 Environmental Resources 5t. Lucie County Project Information Project Name: Site address: %t{ / S T71 d1 L {'1 `t l V e� Parcel ID Number(s): Legal Description: (Attach additional sheets if necessary - also must be provided in MS Word format on CD Ca4 / L / lC-3IO(-k- l/1 H1 dd P<'1 6w-e r i c 11()1'a f f i re n�i l e I0 Gi � � le �,� � �YCtit ! �- Ct> u ✓ f 1,� S' f � L Gc�r � ��2 v� >�� �� � � it/rrTnc� l,l� 77iv2L�<i1ly/Sd7' 'mow Property location - Section/Township/Range: Property size - acres: - 7 t�cre S Square foo�tage: Future Land Use Designation: (j - / � (rL�>yL j� L?'(q L, Zoning District: E - ' Description of project: (Attach additional sheets if necessary) i7 vG��F 2fl/���S�tf �A va y,'aK u- r vesf Con s �rxc-f q 7"� fa rnnc� IiJ�ll .3� Type of construction (check all applicable boxes): 0 Commercial Total Square Footage: Existing 0 Industrial Total Square Footage: Existing ❑ Residential No. of residential units: Existing No. of subdivided lots: Existing Proposed: Proposed: Proposed: Proposed: ❑ Other Please specify: Number and size of out parcels (if applicable): m q� Page 4 of 6 Revised August 11, 2011 JAN 3 12012 Environmental Resources St. Lucie County Pc r SPECIAL NOTICE (PLEASE' READ BEFORE. smmd A6016WLEDGMENTS BE L*OVV)* SUbmission: of this application does not.constituts * the grantingof approval. All appropriate requirements must W met prior to this project being progetkad for approval to the appropriate authority. St Lucia County reserves the right to requa§t.eiddiffmal. Information to ensure a complete review of this project. ACKNOWLEDGMENTS BuslneS15 Name: Address: Lwt &_qA 3+ can accept overnight Phone: Fax: 0 21 Email, TW6_ 2- Business Name: Address: ��VL I ID b (Please use an address that can accept overnight Phone- Fmc Email: Pfoperty-P.wn.pir In! supplemaht wilt nof =d, which shoill ,sar owner. Wiling Address: 4-tl thW��O=L44 packages) officlat corresDonderim on this ad complete without the notarized 666/Iedginent of the submittal of this serve as autho&afi6n for the above L..,-Zerty Q� If more than one owner, please submit additional pages STATE OF co.uNTY OF Sr-L LuC(�7 The fgregoinginstrument was . acknowledged before me this day of JD 20—L— by. who is person* known.to me or who has produced Commission Number (Seal) Ell JOYA L193ARD - CMWftft#AU9DD978W EVION11SI412DU DxW7M-[MYPj', 1001MM page 5 of 6 o GONCURRENCY FEE-. calm"m ww&iest fEx_sa_d 0� $ 950 -(A) $_ P 4w) ............ $ ❑ PEPACRZ%G5_ CHARGE. t— P) ❑ RESUMML-FEE: (lTappRcabfq) (E) ❑ bTHER SUgMTAL OF BASIC FPS: D Pkt—APPLICAn , Ott MEEnNG FEE- (F) Receipt No. of payment .Datwof.P.MAPP: dQ am_Q=oFFwsMrcr s 8 F_- PAPATE ea ECK FOR TRAPRG AN mrT M DY — Offm we No. 0 8-047; am wKfiM Chapter 5 11. 01 oMW SL Ucla GoAty Land DwyMopmal Code . . .. ..... 8PPUCWt Upon reoW Of qUOL_ of =VopW ftM aid paWty. asa3a nair For a pmjscb ro*ffkg. pWtc,, no&,— you w& be imned -by SL Lucre Cou* Plar"ng DWWpriRqT" TtMb Prooedwee. -Oft fee&MW boappfiCabb by e%dwfl;wp=v_.l lie� of 11h M Re4 Af�iicaa�t (Prier gpa�ue of appiirnt z . . . . . . . . . . . . . - PR WA _,M '.M.F—i a ................... ................... N-91 Pap2d6 Reulmd August 11. 2011 Supplement 2 Variance Apolication Supplement Refer to St Lucie County Land Development Code (LDC) Section 10.01.00 fordetails 1. 1 (we) do hereby petition the St. Lucie County Board of Adjustment for the following Variance from the LDC. (State the variance sought and the section from the LDC from which the variance is requested.) Holy t- to, 0 t 30 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: -To S'A b i L tZir i'ti`2 ) NC 1 e95 i rs� �l p r2Lt +.tom r �S1 O ti 3. State the specific hardship imposed on the owner by the LDC? L061t3 P�� r� SG,L 15 4. State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same hardship. �iCil E3 t � 1113rn� o-t Pro As-t-1E5 �Qv trv,L� 1 yc So . SEA -WA -Lk / i2T�i/-JIriE tl. ----- 5. State reasons why this variance will not be injurious to other property and/or improvements in the neighborhood in which the subject property is located. T>� 9rtiQTo�-CW2N'� �S `�:�i� /•�ce5��hl� ID� �� �'1G�O�Ir�--(� �t� o i-�-��� >9,-•T bA<-i� o.�- p����F-fir, 6. State reasons why this variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located. TVIO— tN,S cluv�ity e f-6e,:nkki-I bi.oLo y ck-C Ca-i-v\mu sl r-t E_<, a io f wli k efFec [br; --lovV elf iv�Tzt`, TIC p��ecc calif may; e�ri:r+et 1 �`'i-a t�1Ni��T.c�toc� cvA-TerS. 7. State why this variance is the minimum variance that will make possible a reasonable use of the land, building and structures. �Qc tC 5 i k b I �t Z!t `cia w 11 �e �� nl c� `i oo F } s l r. c� • ; �2 e� a�t e eiv2 co �2�i✓Ir�� Z 'ro 2 SIe b�( ��� fi;1^2N� c7f ivtii�cro-VO-r4— 7� i,oN, Page 1 of 3 Revised: May 27, 2010 r RETURN TO: JoAnne Holman. Clerk of the Circuit Court - St. Lucie County Gonane, Harreu & Fergttso Number:1763556 OR BMK 1-261 PAGE 1557 Curtholrsr' BOX #sa rded: 11-09-94 12:38. P.h. . 7NIS 'MSYRLWADff P:6PAiED BY AND 11ETURN TQ: DMVW E. Comm, Eaq, ©OMMIM K4FF 3L a FEn uw" t Doc Assump: S 0.00 IBM a. FEDER& NGHWAr t Doc Tax : $ 2243.50 POLE, FLMDA 84= t Int Tax : 3 0.00 Pdtrpaaq Papl w. dp ,..� �— WAIN AMM 7411 cW THIS VA"PANTY DEED, Jr. aced jail m. whopat p� -a - kathy E. HMF nil 111116t!141154 tend wife obi edma�b Y i N den er D ve, P rt St Luel Florida 3 E1, hoginn r called the 1"ad huaM the Neme •n,twnr Asa •armceee• Neeede ON Ne .paeaea to N4 h,nrament aed the Aeke, tndkidaW. ad 0v su=eaaare sat! +coal mp.a.ens.a.ea and "Magna W aoagy aJ tmrea,adeaa) of no em 1 to ,n 13 1 Ba ey Ulnillem J. 1 W i T K E 5 S E T H: That the ptntttm, for and to consklnrntton of that sum of TEN AND 6r1r10a5 1s1ofiNtp Du�aageare etas otter �V.6atdtEE{�91tn7tat. MWOO wheraot to y ae&newfedgdd, twtfty tpents. :a; :tom e9etet: S ($1ag, .Do tend tom. aaetn am grstttan es dO t;�h lamed t�9uats trl Sr. EUC E Coanty, &te of age F4saida; .V¢ Lot 16, "lock 11 HIDDEN RIVES ESTATES, according to the Piet thereof on file In the Office: of. On Clerk of the Circuit Court In and for St. Lucie County, Florlde recorded on Plat :-666k 18, Page 14, 14A through 1413, of the Public Records nP St. Lucie Ceunly, FS®rida. TO Municode 6,02,02. - Shoreline Protection. A. Purpose. The Board of County Commissioners recognizes that the waterways within the unincorporated areas of St. Lucie County, are a valuable natural resource that must have reasonable protection against man-made silting and pollution by the intrusion of foreign matter in surface water run-off, and the erosion of the waterway banks, and that it is in the best interest of St. Lucie County to preserve the waterway banks within the unincorporated area of St. Lucie County. It is not the intent of this article to prohibit development, rather the purpose is to allow development in such a way as to not erode the waterway. B• St Lucie. River Shoreline. Applicability. This subsection shall pertain to the St. Lucie River and its tributaries as follows: a. North Fork of the St Lucie River. Those portions in unincorporated St. Lucie County from the Martin County Line to the confluence with Five and Ten Mile Creeks. b. Five Mile Creek. Those portions in unincorporated St. Lucie County from the confluence of the North Fork of the St. Lucie River to the Florida East Coast Railroad, Glades Cut -Off Branch Line. C. Ten Mile Creek. Those portions in unincorporated St. Lucie County from the confluence of North Fork of the St. Lucie River to McCarty Road. For purposes of this Section, the boundaries of these waterways shall be broadly construed to include natural fingers and oxbows, including man-made enhancements for boat channels, with the exception of channels shown in Figure 6-1. 2. Development Regulations. Two (2) zones are hereby created. The boundaries of the zones and the restrictions applying to these zones are as follows: a. Zone A. (1) For a platted, lot of record existing as of August 1, 1989, Zone A shall consist of the area from zero (0) to fifty (50) feet from the mean high water line, when the site is located downstream of the Gordy Road structure, or from the ordinary high water line, when the site is located upstream of the Gordy Road structure; or (2) When there was no platted lot of record existing as of August 1, 1989, Zone A shall consist of the area from zero (0) to seventy-five (75) feet from the mean high water line, when the site is located downstream of the Gordy Road structure, and from the ordinary high water line, when the site is, located upstream of the Gordy Road structure. No development activity or shoreline alteration, including alteration of native vegetation and habitat, shall be permitted, other than that associated with the construction of a private access point, including docks if permittable under applicable laws. b. Zone B. Zone B shall consist of the area between Zone A and three hundred (300) feet from the mean high water line, when the site is located downstream of the Gordy Road structure, and from the ordinary high water line, when the site is located upstream of the Gordy Road structure. http://library.municode.com/print.aspx?h=&clientID=14641 &HTMRequest=http%3a%2f%... 7/5/2012 municoae No development activity that would permit the introduction of any permanent structure that does not comply with the provisions of St. Lucie County's flood damage prevention regulations in Section 6.05.0.0 of this Code, is to be permitted. No road right-of-way (public or private), except for individual driveways, on -site drainage retention pond or system (except for lawfully permitted drainage conveyance outfalls), wastewater lift station, petroleum or chemical storage area, or other activity that would contribute to the degradation of the water quality within the North Fork System is permitted. Variances. Variances from these requirements may only be granted in accordance with Section 10.01.11. C. Indian River Lagoon Shorelines. All development along the Indian River Lagoon, including all tributaries except those of the North Fork of the St. Lucie River, shall provide a native vegetation buffer. Compliance with the following criteria shall be required in order to protect against erosion, reduce runoff effects to the Indian River Lagoon and other rivers and creeks caused by development, maintain habitat value and productivity, and maintain natural scenic values: 1 • Minimum Buffer Criteria: A native vegetation buffer adjacent to the Indian River Lagoon or other river or creek shall be required. Except for public and private access points, a native vegetation buffer or the existing native conditions shall be maintained for a minimum distance of fifty (50) feet from the mean water highwater line or landward extent of state waters, whichever is greater. 2. Unbuildable Parcels of Land: A variance from compliance with subsection 1. above may be requested as set out in subsections 3. and 4. below for parcels of land which would be rendered unbuildable; however, a minimum vegetation buffer shall be required for the purposes listed in the introduction of this Section. 3. Minimum Buffer Variance: The Growth Management Director may approve a variance to the minimum fifty -foot vegetation buffer, provided that no variance shall permit a vegetation buffer of less than forty (40) feet. 4. Maximum Buffer Variance: A variance to permit a vegetation buffer of less than forty (40) feet may only be granted by the Board of County Commissioners in accordance with procedures and standards set forth in Section 10.01.11. D. Exemptions From Development Regulations. The regulations shall pertain to all lands within the zones adjacent to applicable waterways except: . 1 • Existing lots of record as of August 1, 1989, adjoining the Indian River lagoon and its tributaries. 2. Removal of vegetative growth abutting waterways where such removal is incidental and necessary to the construction of roads, streets, culverts, bridges, canals, drainage and navigation control structures, including lines, pipes and other construction required for utility operations, all as otherwise permitted by the county, regional, state or federal agencies exercising jurisdiction over any or all of the aforementioned structures referred to in this section. 3. Land for which a variance is approved in accordance with the procedure in Section 10.01,00. Variances shall be granted only when existing conditions on or adjacent to the property are such that granting of the variance will prevent erosion and siltation to a greater extent than not granting the variance. E. http://library.municode. com/print.aspx?h=&clientlD=14641 &HTMRequest=http %3 a%2f°/a... 7/5 /2012 Mumcooe Plan of Management and Conservation Practice Required. Prior to obtaining a vegetation removal permit required by Section 6.00.03, an applicant owning property in the geographic areas outlined in subsection B. above, shall submit to the Growth Management Director a written plan of management and conservation practice covering the area from which the applicant proposes to remove natural vegetative growth. The applicant may submit his/her own plan of management and conservation practice or may secure such plan from the county soil and water conservation district. The mowing of domesticated grasses and pruning of trees shall not be considered removal. Cutting of the trunk shall not be considered pruning. F. Authority of the Growth Management Director to Stop Work in Violation of Section. The Growth Management Director shall have the authority to issue a written order requiring the cessation of any work or construction which takes place on waterfront property covered by this Section if such work or construction is performed prior to obtaining a valid permit from the building department for such work or if such work being performed exceeds the authorization as set forth in the Building Permit. The written order to cease any further construction or work within the shoreline area shall be served by personal delivery to any person performing construction work on the particular property and a copy of the order shall be posted upon the property visible from the street, and a copy shall also be mailed by certified mail, return receipt requested, to the most recent address of the owner listed on the rolis of the St. Lucie County Property Appraiser. Posting of the notice on the subject property shall be prima facie evidence of the notice to owner. G• Failure of Owner to Restore Property, Restoration by County, Cost to Become a Lien Upon Property. In the event that the restoration is not completed within ninety (90) days from date of notice to the owner as shown by the latest St. Lucie County Property Appraiser rolls, the County may restore the vegetative growth at its own expense. The cost of restoration shall become a lien upon the property of the upland owner upon which such violation occurred. http://library.municode.com/print.aspx?h=&clientID=14641 &HTMRequest=http%3a%2f /o... 7/5/2012 N•• , fJYP111C SCVE M' FfEf ti O V_ z � = 1p e n y&t, apj/ O 2�� mC�rs a°r b�0 4�Y' s. .ae f`�i3.dp�9�i�°yy�� asr .3. e•,. �G 3 A m. 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Elea �s f �SaSRaC� v3[F �c+ �sR� �s�Fi-3`��3 - ._..ter, �,,;..sq•>,F �.- — --w� i r 27.4 .. 4--Al Planning & Development Services Building & Code Regulation Division Permitting Department 2300 Virginia Avenue Fort Pierce, FL 34962 Phone: (772) 462-1553 Fax (772) 462-1578 Address 7� 41 I HIDDEN RIVER PORT ST LUCIE 349', Permit 1 D�Owner(s) Daniel B Harrell Historic No Jurisdiction St. Lucie County Parcel # 3427-701-OD17-000/4 I SID IHIDDEN RIVER ESTATES Block I I Lot# 16 FLU IRU Zoning IRS-3 I Flood Map I I Flood Elevation I I Flood Zone Taken By ILanR tutterow Issued By Lana tutterow Posted By Will McConkey Job Address [.73TF11PIf]NWEB OR— gn_h�.,�`` Please explain in Additional Comment �a- r Category Type Property Owner Contractor Property Owner Name Business Address Email Open Contractor Registration Fans Phone ( ) - e)d Fax ( ) - Mobile Pager Units .€D Floors WWIBuildings # Bedrooms # Bathrooms Total Sq. R. 0.OD Min Flood Elevation Flood Map Flood Zane FCC _29 Pool, Spa, Dock, Seawall, a NOC Required ❑ NOC Received ❑ NOC Expiration Setbacks Front O.OD Sack DAO Left Side o Right Side O.00 Job Description Additional Info CONSTRUCT DOCK Please include the date and vnrrr name when dHi— b.h....,at;..., Law offices Of GONANO & HARRELL A PARTVF3csri0' OF PROFESSIONAL ASSOCIATIONS ATTORNEYS AND COUNSELORS AT LAW TD BANK BenLDINCI Dmgia. B. I-WtRHLL l 600 South Federal Alghwuy, Suite 200 JIMN Ceplfwd In ndacatinn Lmt DOLKiLAS E. GONANO - Far[ Fierce, Florida 34950-5178 cmaiL dhernal(ce)gb-)awxDru Bnertl.CenirW Reel aalatc Lnngcr Telephone (M) 464 - 1032 mink: dgonatouggh-1nw'.com FacsunIle f`2)464 -0292 MOLLYL. ROTTINGHACIS Buard Cmificd In Eduamlina Lam email; mrotdRdbausCr,.gjb-luw.com VIA Il;ri,ND DELIVERY Jtme 27.2012 Mr. B= Balcer Senior Brivironmental Planner St. Lucie County Bm irartmental Rcsonrces Department 2300 Virginia Avenne Fort Fierce, Florida 34982 Re: Bartell Sho.-r-line Variance (741 S.E. Hidden River Drive, Port St, Lucie) Your File No_ BCC. l'20L24J96 Our File No. 1494-001 Dear Mr. Balker. Enclosed in connection with the aboveapplication please find 10 copies of B revised upland buffer planting plan, to scale on letter size paper, Also enclosed are 10 oversize copies of the plan, evhieb may be, useful in review by Counts* staff. Please also note the following conceming this variance request: The; revised plan includes both common and botanical names for all proposed plant species. ` ,All proposed plant species are native to Florida aadror St. Lucie County, The plan (scale version at 1 " = 20) is fully dimensioned. The plan mitigates any adverse water quality impact caused by the proposed retaining ,A -all. Overall water quality .will be clLhanced because the very limited direct run-off from porvixvL area~ on the lot should be virtually eliminated upon installation of the vvalll, Mr. Ben Baker June 27, 2012 Page 2 Please note that due to the natural grading of the lot, none of the run-off from impenious areas (pool deck, house, drive, eic.) flows directly to the river. Ail inTcrvious areas are located xest of the high point of the lot and therefore run-off from these areas flows southwest to the ex:istine front-lotfstrest drainage system, Thank you for your consideration of these materials, and please advise if you have any question. l.• F,nclosume cc: Mr. Scott A. Szafransld Mr. Gregory L. Boggs, A.S.L,A, �roro 4 04�i(y 1 k h4 -v� eAver �a �1& ��hdy yr�yy 47kIN C �f any 4 4A AI m TV -fa VY,vt wqsnvAt-4V ay. Ef rr�� Flom, JZ �WI)A WPY7 20 n f-wwn T6r;'6A� 12. cx Meeting Time: Public Hearing Notice s:oo AM (or soon thereafter) Tuesday, July 17, 2012 John Doe 123 Anywhere St. Anywhere, USA 12345 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL 34982 Applicant Daniel B. Harrell 741 SE Hidden River Drive Port St. Lucie, FL 34986 772.595.2464 - File Number BCC 120124396 Project Location 741 SE Hidden River Drive Future Land Use RU (Residential, Urban) Eristfnq Zoning RS-3 (Residential, Single family 3dul ac) Staffs Recommendation Board approval of Resolution 12-018 granting a shoreline variance in ac- cordance with Section 10.01.30 of the St. Lucie County Land Development ode. Notice of Proposed Shoreline Variance (File No. BCC 120124396) Protect Description Petition of Daniel B. Harrell for a Shoreline Variance from the Provi- sions of Section 6.02.02.B.2 of the St. Lucie County Land Development Code to allow the construction of an upland retaining wall within the 50 foot shoreline protection buffer zone to stabltze and prevent erosion along the shoreline for property lo- cated at 741 SE Hidden River Drive, Port St. Lucie. Further details are available in the Environmental Resources Depart- ment —please contact; Staff Benjamin Balcer Tel 772.462.2866 Email BalcerB@stiucieco.org Mail 2300 Virginia Avenue Fort Pierce, FL 34982 The St, Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility, The Board of County Commissioners strongly encourages your input. and comment at the public hearing. You may also mail, email or fax written comments in advance of the public hearing for in- clusion in the official record regarding this proceeding. Written comments to the Board of County Commissioners should be received by the Planning and Development Services Department— Planning Division at least 3 days prior to the scheduled hearing. Anyone with a disability requiring ac- commodations to attend this meeting May contact the SLC Community Risk Manager at least 48 hours in advance at 772.462.1546 or TDD 772.462.1428 Date Mailed: July 3, 2012 91 ti N n nnn nn n rvti ii n m P mmm m m N N m N N N N N N nn N N n N N N N m T N N N N N N n N v T RI O m I T P m N T T T T Tm T T T T T Tm T T In m N N T T T< f11 [fi 0 N N m m y mm m ut n m P' m m m m m m m m mmmmm m 0 m m m m m m m-m m m m m m m m N o m m m m m m m Y] m m m m m m 0 m m m m m m m m m Ol m m m m m m m m m N m ammmmmmm mmmmmmmmmmmmmmmommmmmommmm'mmmmmmmm a J LL N Q LL J LL LL J LL J LL ILL IL LL li. LL LLJ. Z LL J J LL G u d d a d D d a a d a a a d a a d as a Y a a a d a 9 d d d a a a a a d d a a a f�- yJ D> J J J J J J J J J JVI JT JN 1m J J JN JNO J JVI JNp JNO. 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ITEM NO. DATE: VII-C 07/17/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( X ) LEG. ( ) QUASI -JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jennifer Hill SUBMITTED BY: Office of Management & Budget/Budget Budget Manager SUBJECT: Amendment to the fiscal year 2011-2012 budget BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Budget Resolution No. 12-056 amending the fiscal year 2011-2012 budget. COMMISSION ACTION: () APPROVED () DENIED () OTHER Coordination/Signatures County Attorney (X) Dan McIntyre Originating (X) Department Marie Gouin CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM OMB () Office of Management & Budget Budget Division MEMORANDUM TO: Board of County Commissioners FROM: Jennifer Hill, Budget Manager I THROUGH: Marie M. Gouin, Management & Budget Director M DATE: July 17, 2012 SUBJECT: Amendment to the fiscal year 2011-2012 budget ITEM NO. VII-C Background: The audit of the Board of County Commissioners' Financial Statements has been completed and staff has calculated the actual beginning balances of the numerous funds. Additionally, staff has found the need to revise certain revenue estimates and to establish transfers for various purposes. In keeping with good financial practices, staff proposes amending the fiscal year 2011-2012 budget to reflect the actual beginning cash balances, the revised revenue estimates and establishing transfers between funds, as seen on attachment A. The following transfers between funds are included in this amendment: $1,323,157 from the General Fund (001) to the County Capital Fund (316) utilizing funding from completed projects to fund a building for the Supervisor of Elections office. $32,250 from the General Fund (001) to the SLC Public Transit Fund (130) to move contributions from private sources that have been collected for transit in prior years into the correct fund. • $542,965 from the Tourism Development 4th Cent Interest & Sinking Fund (262) to the Sports Complex Improvement Fund (362) to move tourism tax dollars to reimburse the fund for previous capital expenses. The tourist development tax is deposited into the Interest & Sinking Fund to cover debt payments. This transfer will not affect the County's ability to fund the debt payments. • $124,625 from the Environmental Land Interest & Sinking Fund (282) to the Environmental Land Capital Fund (382). The Environmental Land Debt Service has been repaid and the remaining funds are being transferred to cover Environmental Land Capital Expenses. $191 from West First Street MSBU Capital Fund (37002) to the Transportation Trust Interlocals Fund. The loan has been paid in full and all property owner refunds have been issued. This transfer is needed to close out the fund. $330,392 from the Tourist Development Trust Fund (610) to the Sports Complex Fund (190). The tourist development tax is required to be deposited into a trust fund. The money is then moved to the Sports Complex Fund to fund operations at Tradition Field. More revenue was received in fiscal year 2011 than anticipated. If all other revenues come in as budgeted, the General Fund subsidy for the Sports Complex Fund may be reduced. Elimination of a $100,000 transfer from North County Utility District (471) to the Sales.Tax Interest & Sinking Fund (215). This was to repay a loan. However, the loan was able to be repaid in Fiscal Year 2011. Transfer $531,459 from Impact Fees -Public Buildings (310003) to the Sales Tax Interest & Sinking Fund (215) to help offset debt service payments; and Transfers between Community Service Housing Related Grant Funds to reflect expenses that were processed out of the wrong funds in FY 11. These transfers will move the cash back into the correct funds. The following revised revenue estimates are included in this amendment: • Reduce the interest revenue budget by $300,000 in the General Fund (001) and $100,000 in the Fine & Forfeiture Fund (107). The budgeted amount in these two funds exceeds the most recent interest income. • Recognize $1,682,071 in revenue in the General Fund (001) from FEMA for the work done on the 3rd and 4th floors of the Courthouse. • $300,000 in reimbursement revenue in the General Fund (001) from the Tax Collector related to improvements being made to their offices. • Reduction to billboard revenue from $70,000 to $50,000 to match the recently approved contract. • Recognize $20,012 in Interest revenue for Madison Cay in the Florida Housing Finance Corporation Repayments Fund (185099). • Reduce franchise fee revenue by $150,000 and move a portion of the franchise fee revenue from the Unincorporated Services Fund (102) to the General Fund (001). This reduction reflects new projections as a result of our current collections. • Reduce gas tax revenue in the Transportation Trust and Transportation Capital Funds by $400,000. This reduction reflects new projections as a result of our current collections; and • Reduce Local Communication Service Tax Revenue by $70,000. This reduction reflects new projections as a result of our current collections and changes made by the State that are effective July 1, 2012. The following other changes are included in this amendment: Set up a $300 budget for to pay for the Transportation Planning Organizations (TPO) phone bills in accordance with the County's interlocal agreement with the TPO. Advance $47,100 to Treasure Coast Research & Education Park for the gaming revenues anticipated for FY 12. The FY 2012 budget that was adopted on September 22, 2011 was $523,979,769. Since then, there have been several amendments to the budget bringing the amended budget to $555,888,073. This resolution will increase the amended FY 2012 budget by $21,641,740 to $577,529,813. This public hearing was advertised on Friday, July 13, 2012. Previous Action: September 22, 2011 - The Board held a Public Hearing and adopted the FY 2011-2012 budget. Recommendation: Board approval of Budget Resolution No. 12-056 amending the fiscal year 2011-2012 budget. RESOLUTION NO. 12-056 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, staff calculated the actual fund balance for each fund as of September 30, 2011, revised certain revenue estimates, and determined the need to establish transfers between funds, and WHEREAS, the adopted budget reflects the estimated amounts rather than the actual fund balance forward amounts, and WHEREAS, it is accepted financial practice to amend the adopted budget to reflect the actual fund balance forward amounts, and, where necessary, revise revenue estimates or establish transfers and, 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 17T" day of July, 2012, pursuant to Section 129.06 (d), Florida Statutes, that such funds in the form of actual beginning fund balances are hereby appropriated for the fiscal year 2011-2012, and the County's budget is hereby amended as reflected in attachment "A", which is incorporated as part of this resolution. After motion and second the vote on this resolution was as follows: Commissioner Tod Mowery, Chairman XXX Commissioner Paula A. Lewis, Vice Chair XXX Commissioner Chris Craft XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED THIS 171h DAY OF JULY, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: Q m o � g o � � O N N N N N N N N N N N N N N N N N N N N N N N N N N N N v v v v v v v v 2 o v v v v v v v v v v v v N N N N N N LL LL N.N N N N N N N N N N N N OI O) C ry O 'O iN OI N N W OI W 01 OI O) W OI OI d d N Ol 0) OI Ol OI 0 Oi W W O) OI m d d o c d o m r c Z 5 c G c F; � 9 o c c Z o c c c c c c c E si c Z c c E v c v v c v 'v b b b b b 'v o a b N v v 'v v '. 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U 2 m m'.°��a vv LL LLF" NZ g .t6Ni .6Imim a- aIL m5V FN F H LLN LLm y2u N2 2 - E 2 u Eto C i2A N N N m N >EL n C Qo 0mm ScN CL O J � S 42 2c N m » a K U U J N E E E E O m 0 0\ Q ya w m m a N D O m N N c J o 0 0 o E E >> � m N � a> O c m N N o 0 o c c vi w w p 7 o>>>> a m a a E m N N y a o F E> a >. UK K K .� E Cz E ._ U N U N m N N Y. Y. Z' c c m e m U v �o U c c c a v v a �' Z` u cLi >> m c p O p p `c c n C 'C u- Y J a m K m O C O O C N N N r VO O O T u� ate+ C r N N N YiI N W W J Q Q W p O N ry C N 1/J1 of m C7 M. N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ITEM NO. VII-D f — .,f DATE: 07/17/12 I ® , AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( X ) LEG. ( ) QUASWD (X) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY Linda Pendarvis SUBMITTED BY: Planning and Development Services Planner Department SUBJECT: Rezoning Request — St. Lucie County Utilities BACKGROUND: See attached memorandum. FUNDS AVAILABLE: NIA PREVIOUS ACTION: December 15, 2009 — BOCC granted permission to advertise public hearings. January 21, 2010 — P&Z Commission continued to May 20, 2010. May 20, 2010 - P&Z Commission continued to August 19, 2010. August 19, 2010 — P&Z Commission continued to October 21, 2010, October 21, 2010 — P&Z Commission continued to February 17, 2011. February 17, 2011 — P&Z Commission forwarded recommendation of denial. July 3, 2012 — Board held the first public hearing. RECOMMENDATION: Board adoption of Resolution No. 12-013 approving an amendment to the Official Zoning Atlas from AR-1 (Agricultural, Residential - 1 dulac) to U (Utilities) as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) It-�h� Daniel S. McIntyre County Engineer (X ) Originating Dept. (X ) County Surveyor ERD • is (X) �i�% Ron Harris (X n Smith Marie Gouin Planning and Development Services Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Kara Wood, Planning Manager �/,►�,� ,n� FROM: Linda Pendarvis, Plannell;"1 Planning Division DATE: July 17, 2012 SUBJECT: -Rezoning Request St. Lucie County Utilities ITEM NO. VII-D St. Lucie County Utilities submitted an application for a change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) to U (Utilities) for 38 acres of land on the east side of Taylor Dairy Road, approximately Ya mile south of Indrio Road. This rezoning would allow the St. Lucie County Utilities to develop the site for future North County Regional Water and Wastewater Treatment Plants. Background: Land Development Code Section 11.00.03 (B) (2) requires any County -initiated amendment to the Official Zoning Atlas affecting ten contiguous acres or more to be the subject of two advertised public hearings by the Board of County Commissioners. On July 3, 2012, the Board. of County Commissioners held the first public hearing for the subject application and granted authorization to schedule the second public hearing. At the first public hearing two adjacent property owners, Mr. Bennett and Mr. Sinnott requested that the Board deny this rezoning request. The change in zoning will remove the residential density from the subject property as well as provide consistency with the Airport Master Plan, which requires the County to take reasonable action to restrict the use of land near the airport to uses that are compatible with normal airport operations. The 38 acres is located within the adopted Comprehensive Plan's Airport Mixed Use Specific Use Activity Area which is reserved for Commercial and Industrial uses, and the proposed Utility zoning is consistent with these uses. The proposed change in zoning does not in any way approve the construction of the water and wastewater treatment facility. If the change in zoning is approved, the future development of the plant will still undergo a thorough site plan review and potential impacts to surrounding properties iA ilLbe-specifically analyzed -at- that _time. Asisstandard practice_for_development_of_Utilities sites, Board of County Commissioners St. Lucie County Utilities Rezoning Page 2 of 2 the County will coordinate with the neighbors for their comments and questions at the time of site plan development. The subject application was determined to be in compliance with the Standards for Review in Section 11.06.03 and all other requirements of the Code and Comprehensive Plan for this rezoning request. Should the change in zoning be approved, the next step in the development review process is for the Utilities Division to file a Site Plan application that will be fully reviewed for compliance with the Land Development Code. If necessary, conditions of approval can be imposed upon the development as they may relate to the standards of review for site plans. Recommendation: Board adoption of Resolution No. 12-013 approving an amendment to the Official Zoning Atlas from AR-1 (Agricultural, Residential —1 du/ac) to U (Utilities), as outlined in this agenda memorandum. 1 RESOLUTION NO. 12-013 2 FILE NO.: RZ 920094011 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE 6 COUNTY GRANTING APPROVAL FOR AN AMENDMENT TO THE OFFICIAL ZONING 7 ATLAS TO CHANGE THE ZONING FROM AR-1 (AGRICULTURAL, RESIDENTIAL —1 8 DU /1 ACRE) TO THE U (UTILITIES) FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, 9 FLORIDA. 10 11 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 12 testimony and evidence including, but not limited to the staff report, has made the following 13 determinations: 14 15 1. St. Lucie County Utilities, presented a ,petition for a change in zoning from the AR-1 16 (Agricultural, Residential -1 du/ac) Zoning District to the U (Utilities) Zoning District on a 38- 17 acre parcel of land located on the east side of Taylor Dairy Road in St. Lucie County, 18 Florida, as more particularly described in PartA below and depicted on the attached map as 19 ---- ----"Exhibit A" attached hereto and -made a part hereof. - - - - 20 21 2. On January21, 2010, the St. Lucie County Planning and Zoning Commission held a public 22 hearing on the petition, after publishing notice at least 10 days prior to the hearing and 23 notifying by mail all owners of property within 500 feet of the subject property, and voted to 24 continue the petition to a date certain of May 20, 2010 regarding the request for an 25 amendment to the Official Zoning Atlas to change the zoning from the AR-1 (Agricultural, 26 Residential -1 du/ac) Zoning District to the U (Utilities) Zoning District for the County owned 27 realpropefty.described in Part A. 28 29 3 66,May 20, 2010, the -St. Lucie County Planning and Zoning Commission held a second 30 p4ic?hearing on the petition, and voted to continue the petition to a date certain of August 31 19, 2010 regarding the request for an amendment to the Official Zoning Atlas to change the 32 zoning from the AR-1 (Agricultural, Residential - 1 du/ac) Zoning District to the U (Utilities) 33 Zoning Distfict:for the County owned real property described in Part A. 34 35 4. On August 19,`2010, the St. Lucie County Planning and Zoning Commission held a third 36 public hearing onthe petition, and voted to continue the petition to a date certain of October 37 21, 2010 regarding the request for an amendment to the Official Zoning Atlas to change the 38 zoning from the AR-1 (Agricultural, Residential - 1 du/ac) Zoning District to the U (Utilities) 39 Zoning District for the County owned real property described in Part A. 40 41 5. On October 21, 2010, the St. Lucie County Planning and Zoning Commission held a fourth 42 public hearing on the petition, and voted to continue the petition to a date certain of February 43 17, 2011 regarding the request for an amendment to the Official Zoning Atlas to change the 44 zoning from the AR-1 (Agricultural, Residential -1 du/ac) Zoning District to the U (Utilities) 45 Zoning District for the County owned real property described in Part A. 46 July 17, 2012 Resolution No. 12-013 File No. RZ 920094011 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6. On February 17, 2011, the St. Lucie County Planning and Zoning Commission held a fifth public hearing on the petition, and voted to recommend that the Board of County Commissioners deny, by a vote of 8 to 1, the hereafter described request for an amendment to the Official Zoning Atlas to change the zoning from the AR-1 (Agricultural, Residential -1 du/ac) Zoning District to U the (Utilities) Zoning District for the County owned real property described in Part A. 7. On July 3, 2012, this Board held the first public hearing on the petition, after publishing notice at least 7 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 8. On July 17, 2012, this Board held the second public hearing on the petition, after publishing notice at least 5 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 9. The proposed change in zoning is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. 10. The proposed change in zoning is consistent with the existing and proposed uses in the surrounding area. - - - - NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed amendmentto the Official Zoning Atlas to change the zoning from the AR— 1 (Agricultural, Residential —1 du/acre) Zoning District to the U (Utilities) Zoning District forthe project known as "North County Regional Water and Wastewater Treatment Plants Rezoning" for the property owned by St. Lucie County and described below is hereby approved/denied. Legal Description: The Southwest 1/4 of the Southeast 1/4 of Section 13, Township 34 South, Range 39 East, LESS AND EXCEPT all rights of way for drainage canals and public roads; all lying in St. Lucie County, Florida. Location: 38 acres of land, more or less, on the east side of Taylor Dairy Road, approximately 1/4 mile south of Indrio Road Parcel I D#: 1313-430-0000-000-5 B. The St. Lucie County Planning and Development Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Atlas of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this Resolution on the GIS computer mapping system stored electronically by the PDS Department. C. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit `B," was signed by the applicant on September 10, 2009. July 17, 2012 Resolution No. 12-013 File No. RZ 920094011 Page 2 1 2 3 4 5 6 7 s 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 D. This Resolution shall be recorded in the Public Records of St. Lucie County. E. A copy of this Resolution shall be mailed, return receipt requested to the owner and agent of record as identified on the application. After motion and second, the vote on this Resolution was as follows: Commissioner Tod Mowery, Chairman XXX Commissioner Paula A. Lewis, Vice Chair XXX Commissioner Chris Craft XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED This 17'h Day of July, 2012. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: Deputy Clerk July 17, 2012 File No. RZ 920094011 Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Resolution No. 12-013 Page 3 1 2 3 4 5 6 7 8 9 10 EXHIBIT A RZ-920094011 Future Land Use North County Regional Water & Wastewater Treatment Plants O COM RIA I I I Iu ! I IN6Rr6RD I l ; J,. --- - - - - -- MXD TN i TVC ' o � r r z Y Z r � r F M D - ------' T/u ®Subjectproperty Future Land Use RM-ResidentialMealumadu/ac) N com Commercial RU- Residential Urban(1 aulac} r---1 MXD Mixed Use Development T!U- TranspodationiUlllitles 500 ft. notification area P/F Public Facilities TVC Towns, Villages, and Counhyside Map and blay 23.2012 r- - -r pp July 17, 2012 File No. RZ 920094011 Resolution No. 12-013 Page 4 I I r EXHIBIT B 4 1 Concurrency Deferral Affidavit St. Lucie County Concurrency Deferral Affidavit 1 Laurie Waldic_ -_ _residing or doing business at 2300 Virginia Avemre , Name Street Fort Pierce PL , 34982-5632 272-462-1150 Co. love, Zip Phone have applied for a Rezoning from St. Lucie County, Florida, Type efDevelopment Order for the followingproject: Norrb County Regional water and Wastewater Treamtent Plants Name of Proposed Development I do hereby affirm that in connection with my application for the above project, f have elected to - - --- - -- —. -_-_ ._....defer -the -certificate . of capacity and reservation of capacity _in public facilities for the above property until a later tiurq but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee din adequate public facilities will be available when f apply for the final development order. I further acknowledge that according to Section 5.08.01 of the St. Lucie County Land Development Code, no final development approval can he granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. 5 Yi Signed o//IY/.Uw'( ���(ISr,fl s • �7 Date: `/ IU d� pplicem STATE OF FLOTPA COUNTY OF 67A�,( lD�yofn T fagoia isnpent,es aowledged beforcme this 20�,by_ �M whoi ersonnuyknown ome or echo has produced as idetnifivatien. ofNolmy "type or Print Name ofNot . (n�//St��gnalure Coaceawon Number (Seal) USAWMDW Mycowssoilelosl ii a a EIPIBES:Juleys'2012 �RanJd Bm4010vBi}IrI.W YAdr July 17, 2012 File No. RZ 920094011 PageI T1 Revised: April 1, 2008 Resolution No. 12-013 Page 5 Linda Pendarvis From: Mark Satterlee Sent: Tuesday, July 03, 2012 4:19 PM To: 'bobann7@aol.com'; 'BSDFLA@aol.com' Cc: Kara Wood; Laurie Waldie; Erick Gill; Liz Martin; Frannie Hutchinson; Linda Pendarvis; Terri Ann Palumbo; Kristen Trabulsy; Chris Craft; Barbara Felton; Paula Lewis; Suzie Caron; Tod Mowery; Faye W. Outlaw; Daniel McIntyre Subject: Contact Regarding the Utility Rezoning on Taylor Dairy Road - Agenda Item VII-C Mr. Bennett and Mr. Sinnott: Planning & Development Services staff is in receipt of the your emails to the Commissioners today regarding the above captioned item. Your input will be made an official part of the record for the proceeding. Thank you, Mark Satterlee, AICP, Director Planning & Development Services St-Lucie-Cwntg,-Florida__ 772.462.2822 satterleemna stlucieco.Org 1 Linda Pendarvis From: Kara Wood Sent: Tuesday, July 03, 2012 3:58 PM To: Linda Pendarvis Cc: Mark Satterlee Subject: FW: St. Lucie County Online - Contact Our Commissioners Linda — Please include Mr. & Mrs. Sinnott's email in the file. Thanks, Cora Wood Planning Manager Planning and Development Services 462.1589 From: Erick Gill Sent: Tuesday, July 03, 2012 3:52 PM -- -To: MarkSatterlee; Kara -Wood; Laurie Waldie Cc: Faye W. Outlaw; Lee Ann Lowery Subject: FW: St. Lucie County Online - Contact Our Commissioners FYI From: bobann7@aol.com [mailto:bobann7@aol.com] Sent: Tuesday, July 03, 2012 3:52 PM To: Webmaster; Erick Gill; Chris Dzadovsky; Tod Mowery; Paula Lewis; Frannie Hutchinson; Chris Craft Subject: St. Lucie County Online - Contact Our Commissioners The following message and contact information is being sent to you from St. Lucie County Online: Name: Robert Sinnott Email Address: bobann7(abaol.com Contact Phone: (772) 466-4510 Message: St. Lucie County Commissioners, We have lived on the 10 acres at 4595 Taylor ®airy Road for 25 years and are against changing the zoning from AR-1 to U on the 33 acres across the street. Locating a wastewater treatment plant directly across the street from any of our homes seems to be the wrong thing to do. Thank you for your consideration. Bob & Ann Sinnott The message is being sent to the following Commissioner(s): All Commissioners Thank you PI Linda Penclarvis From: Kara Wood Sent: Tuesday, July 03, 2012 1:27 PM To: Linda Pendarvis Subject: FW: St. Lucie County Online - Contact District 4 Linda — Please add Mr. Bennet's email to the file. ECara Wood Planning Manager Planning and Development Services 462.1589 From: Mark Satterlee Sent: Tuesday, July 03, 2012 1:26 PM To: Frannie Hutchinson Cc: Daniel McIntyre; Faye W. Outlaw; Laurie Waidie; Kara Wood Subject: Re: St. Lucie County Online - Contact District 4 Thank you, Commissioner, this input will be made a part of the record for this item, Sent from my iPhone On Jut 3, 2012, at 1:03 PM, "Frannie Hutchinson" <hutchinsan&c stiucieco.orP> wrote: Fyi - From: BSDFLAOAOL.COM [mailto:BSDFLA@AOL.COM] Sent: Tuesday, July 03, 2012 11:59 AM To: Webmaster; Erick Gill; Frannie Hutchinson Subject: St. Lucie County Online - Contact District 4 The following message and contact information is being sent to you from St. Lucie County Online: Name: WAYNE BENNETT Email Address: BSDFLAgAOL.CO[U Contact Phone: (772) 216-2102 Message: Commissioner, My name is Wayne Bennett,my wife Tina and I live at 4555 Taylor Dairy Rd. We own 39 acres with two homes .The second home on this property is 4451 Taylor Dairy Rd,my daughter and her family live there. Our homes are directly across Taylor Dairy Rd.from the proposed Regional Water and Wastewater Treatment Facility which will be considered for a zoning change from AR-1 to Utility at tonites meeting. We feel that locating this facility across from our homes will adversly affect both our property values as well as our quality of life. There were MANY other reasons brought to light during the P&Z meetings,and we ask that you support their reccommendation for DENIAL, and stop any further planning for this site. Respectfully, Wayne & Tina Bennett,and family The message is being sent to the following Commissioner(s) District 2: Tod Mowery District 3: Paula A. Lewis District 4: Frannie Hutchinson District 5: Chris Craft Thank you F] St LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA July 17, 2012 NOTICE OF PROPOSED ZONING DISTRICT CHANGE The St. Lucie County Board of County Commissioners proposes to consider adoption of the following by resolution: RESOLUTION NO.12-013 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING APPROVAL FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM ARA (AGRICULTURAL, RESIDENTIAL-1 OU /1ACRE) TO THE U (UTILITIES) FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA. APPLICANT. St. Lucie County Utilities FILE NUMBER: RZ 920094011 PURPOSE: To rezone the property from ARA (Agricultural, Residential-1 du/ac) to U (Utilities) to develop the site for future water and wastewater treatment plant. LEGAL DESCRIPTION: The Southwest Va of the Southeast t/4 of Section 13, Township 34 South, Range 39 East, LESS AND EXCEPT all rights of way for drainage canals and public roads; ail lying in St. Lucie County, Florida. LOCATION: East side of Taylor Dairy Road, approximately V4 mile south of Indrio Road. NMM1" 1 N T Regional Water n Wau Menl nZ 9300990_H b Intllb Rd Sub1ed ' _ Property E w Y ¢ � E o N $I Lucie Blvd The second PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday. July 17 2012 beginning at 9:00 am or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the Planning and Development Services Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Development Services Department- Planning offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida during regular business hours. Please call V72)462-2822 or TOD (772)462-1428 if you have any questions or require additional Information about this petition. The St Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility. The proceedings of the Board of County Commissioners are electronically recorded. PURSUANT TO SECTION 286.0105. FLORIDA STATUTES if a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings Is made, which record includes the testimony and evidence upon which the appeal Is to be based. Upon the request of any party to the proceeding, Individuals testifying during a hearing will be sworn In. Any party to the proceeding will be granted an opportunity to cross-examine any Individual testifying during a hearing upon request. If It becomes necessary, a public hearing may be continued from time to time to a date -certain. Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Risk Manager at least forty-eight (48) hours prior to the meeting at V72)462-1546 orT.D.D. (772)462-1428. BOARD OF COUNTY COMMISSIONERS ST, LUCIE COUNTY, FLORIDA /S/Tod Mowery, CHAIRMAN ._PUBLISH DATE:. July 9,2012._. _. _ constructed or the approvals authorizing its construction shall terminate and the approvals be rescinded. Objective 1.1.15: The County shall maintain the Airport Overlay zone in the Land Development Code to continue to provide for the location of only compatible uses of land within the vicinity of the St. Lucie County International Airport. Policy 1.1.15.1 - Enforce the Land Development Code which identifies those properties likely to be impacted from development activities at the St. Lucie County International Airport and specifies what special measures or activity restrictions will be necessary in the development of these properties to minimize any adverse impacts. Policy 1.1.15.2 - Enforce the Land Development Code which enacts an Airport Height Regulation Ordinance, and encourages, as appropriate, the participation of all other effected units of government in the implementation of this ordinance. Policy 1.1.15.3 - Verify and relocate as necessary the 65 DNL line within the Airport Master Plan. Policy 1.1.15.4 - St. Lucie County shall ensure the compatibility of land uses within the 65 DNL line as identified in the Airport Master Plan. Policy 1.1.15.5 The Airport Overlay Zone shall prohibit incompatible uses such as homes, schools, . nursing homes, hospitals, and libraries according to the Federal Aviation Administration (FAA) Land ------ Use Compatibility and Airports, a Guide fbr Efficient Land Use -Planning and those _.uses -that create electrical interference with navigational signals or radio communication between aircraft and the airport; result in glare in the eyes of pilots using the airport; impair visibility in the vicinity of the airport; operate or install lights which are misleading or dangerous to aircraft operation; create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. Policy 1.1.15.6 - In accord with the Part 150 Study, the County shall facilitate noise abatement and mitigation projects such as the purchase, relocation, or soundproofing of homes, and noise abatement measures, and other noise mitigation measures. Policy 1,1.15.7- The County shall update the Land Development Code within one year of adoption of this element to provide for maintenance of up-to-date runway protection information. Objective 1.1.16: Within a year of adoption of this Comprehensive Plan, amend the Land Development Code to allow compatible agri-tourism and eco-tourism facilities on or near resources preserved for public purpose according to the following policies: Policy 1.1.16.1 - Require that the proposed facility be consistent with the provisions of the Coastal and Conservation Elements of this Plan. Policy 1.1.16.2 - Require that the proposed facility not negatively impact the resource through design standards which consider the carrying capacity of the resource, and the intensity and compatibility of the proposed use. Policy 1.1.16.3 - Require that the proposed facility be designed to contribute to the experience offered by the resource. Policy 1.1.16.4 - Require the developer to provide, as a part of the application, a study of the resource's carrying capacity and to establish a visitor monitoring program to avoid negative bio-physical impacts. Objective 1.1.17: Coordinate with the St. Lucie County School Board and other educational institutions to St. Lucie County Comprehensive Plan 1-34 Future Land Use Element D) U K a m �? aoE& a 3'go 0 11 N SUM U �U II u LL N� c oM _ U vv €��a Q _? ! i O i m I z N U cx �S co II 6mH s6wN Lam- — — 6mH s6uiN : _ _ c d o 0 U .� m co >U F J E F N O > O Q - — — -- P21 elouiwaS --._ PL alouiweS AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Planning and Development Services Department SUBJECT: Rezoning Request - St. Lucie County Utilities BACKGROUND: See attached memorandum. _-_ _—FUNDS-AVAILABLE:_ N/A ITEM NO. VII-C DATE: 07/03/12 REGULAR ( ) PUBLIC HEARING (X ) LEG. ( ) QUASI -JD (X ) CONSENT ( ) PRESENTED B Linda Pendarvis Planner PREVIOUS ACTION: December 15, 2009 - BOCC granted permission to advertise public hearings. January 21, 2010 - P&Z Commission continued to May 20, 2010. May 20, 2010 - P&Z Commission continued to August 19, 2010. August 19, 2010 - P&Z Commission continued to October 21, 2010. October 21, 2010 - P&Z Commission continued to February 17, 2011. February 17, 2011 - P&Z Commission forwarded recommendation of denial. RECOMMENDATION: Board authorization to schedule the second required public hearing for an amendment to the Official Zoning Atlas on July 17, 2012 at 9:00 AM, or as soon thereafter as possible, as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator County Attorney (X ) Coord ination/Sici natures Daniel S. McIntyre County Surveyor ( X ) Ron Harris 'OK - Michael County Engineer (Xi(� ) ERD (X ) Powley Karen Smith Originating Dept. (X) �'' OMB ( ) Mark Satterlee Marie Gouin Planning and Development Services Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Kara Wood, Planning Manager I1� FROM: Linda Pendarvis, PlannerAp Planning Division DATE: July 3, 2012 BJECT: Rezoning Request - St. Lucie County Utilities ITEM NO. VII-C �V Direct6rrit% St. Lucie County Utilities submitted an application for a change in zoning from the AR-1 (Agricultural, Residential-1 du/acre) to U (Utilities) for 38 acres of land on the east side of Taylor Dairy Road, approximately 1/4 mile south of Indrio Road. This rezoning would allow the St. Lucie County Utilities to develop the site for future North County Regional Water and Wastewater Treatment Plants. Backaround: The subject property under consideration is located within the Airport Mixed Use Activity Area identified in the Comprehensive Plan. The requested zoning district of Utilities is consistent and compatible with the 1800 acres of land located in close proximity to the southeast already zoned Utilities. The Utilities Department acquired the subject property in 2005 with the intent of complying with overriding Goals of the Comprehensive Plan. Development of a water treatment plant and a wastewater treatment plant in this area implements Objective 1.1.5 of the Comprehensive Plan which directs future development to occur within the Urban Service Area where urban and community services can be provided in the most efficient and compact manner so as to discourage the proliferation of urban sprawl. Further, it provides the opportunity to discourage development dependent upon wells and septic tanks. Objective 4.A.1.1 in the Potable Water Sub -Element together with Objective 4.D.1.1 in the Sanitary Sewer Sub -Element stipulates the provision of critical basic services to the residents of St. Lucie County that do not promote urban sprawl. St. Lucie County Utilities submitted an application on September 15, 2009 for an amendment to the Official Zoning Atlas to change the zoning on the property. On December 3, 2009, the ---Development-Review-C-ommittee certified -the application with a recommendation of approval to Board of County Commissioners St. Lucie County Utilities Rezoning Page 2 of 3 move forward to public hearings before the Planning and Zoning Commission and the Board of County Commissioners. Land Development Code Section 11.00.03 (B) (2) requires any County -initiated amendment to the Official Zoning Atlas affecting ten contiguous acres or more to be the subject of two advertised public hearings by the Board of County Commissioners. This is the first public hearing; the only required Board action is to schedule the second public hearing. This petition was continued four times at the Planning and Zoning Commission meetings to address issues that had not been previously anticipated by the applicant. Following is a summary of the issues, what was done to address them and any relevant outcome. Coordination with neighbors: At the January 21, 2010 public hearing two neighbors expressed concern regarding the proposed treatment plant and the possible burden on adjacent properties and suggested that the County owns other lands more suitable for a utility facility. To address this and any additional neighborhood concerns, on April 29, 2010 the Utilities Division held a neighborhood meeting and presented an overview of the proposed rezoning and development of the subject property. Environmental and suitability analysis: At the May 20, 2010 public hearing this petition was continued while staff investigated alternative sites. The analysis for four other sites owned by the County was completed by the Environmental Resources Department (ERD) at the request of the Planning & Zoning Commission, which is included in the agenda package. The Utility Director, Laurie Waldie, also outlined for the Planning and Zoning Commission the subject site selection details and the purchase price of $2.3 million and other expenses that were associated with the purchase, permitting and planning of the water and wastewater treatment plant. • Proximity to airport runways: At the October 21, 2011 public hearing the analysis created by ERD was provided to the Planning and Zoning Commission. The analysis demonstrated that other vacant parcels owned by St. Lucie County were purchased with FAA and/or FDOT grant funds and therefore were limited in their potential uses. Of additional concern is that the other parcels are located closer to the airport runways which presented greater potential negative impact that attractants may have on air traffic safety than the subject site. The Planning and Zoning Commission indicated a strong interest to relocate the water and wastewater treatment plants to the 80 acres to the east adjacent to the subject property and closer to airport operations. • Coordination with FAA: The October public hearing was continued allowing additional time for the Utility Director to contact FAA regarding a preliminary review of the water and wastewater treatment plants on the 37 acres. The attached FAA response letter dated February 16, 2011 indicated the construction of a future water treatment plant is feasible, however the exact design of the treatment system will need to comply with all FAA requirements. • Existing approvals through SFWMD: At the February 17, 2011 public hearing the Planning and Zoning Commission reiterated preference for an alternate site selection. In response to what would be involved with relocating the proposed facility, the CDM representative reviewed the financial commitment to the subject property relative to the previous time and effort invested in existing approvals by outside agencies. The County has already obtained permit approvals by - -- SFW-MD-for the typoand-depth of wells proposed for this site. Board of County Commissioners St. Lucie County Utilities Rezoning Page 3 of 3 At the February 17, 2011 meeting, the Planning & Zoning Commission voted eight to one to recommend denial to the Board of County Commissioners for the rezoning because of 1) the negative impact to the adjacent property values, 2) the fact that the County owns property to the east of the subject site that would be more suitable, and 3) the environmental impacts to the subject property. During the year this item was being considered and continued by Planning & Zoning Commission staff has thoroughly considered other sites for this project. Despite this considerable effort, staff continues to recommend approval of the rezoning request for the current site because it fulfills the goals of the utility, minimizes to the extent possible impacts on adjacent development and furthers the orderly development of this part of the County. The subject property is located within the Airport Overlay Zone which encourages compatibility with the normal airport operations. Consistent with Comprehensive Plan Policy 1.1.15.5, the proposed Utility zoning promotes permitted uses that are compatible with airport land uses. In contrast the current AR-1 zoning would allow residential development at one dwelling unit per acre within 3,356 feet of a runway, a use that is grossly incompatible with the airport. The subject application was determined to be in compliance with the Standards for Review in --Section"11.06.03 and all other requirements of the Code and Comprehensive Plan -for this-rez-oning -- - request. Should the change in zoning be approved the next step in the development review process is for the Utilities Division to file a Site Plan application that will be fully reviewed for compliance with the Land Development Code. If necessary, conditions of approval can be imposed upon the development as they may relate to the standards of review for site plans. Recommendation: Board authorization to schedule the second required public hearing for an amendment to the Official Zoning Atlas on July 17, 2012 at 9 am, or as soon thereafter as possible, as outlined in the agenda memorandum. Hearing Date I Project Name: AGENDA ITEM No. VII-C North County Regional July 3 2Date Water and Wastewater Treatment Plant Rezoning Applicant St. Lucie County Utilities 772-462-1150 File Number RZ 920094011 Future Land Use MXD (Mixed Use Development) Existinq Zoning AR-1 (Agricultural, Residen- tial-1 du/ac) Proposed Zoning U (Utilities) Staff Recommendation Board authorization to schedule the second required public hearing for an amendment to the Official Zoning Atlas on July 17, 2012 at 9 am or as soon thereafter as possible. Proiect Manager Linda Pendarvis 772A62.1562 pendarvisl@stlucieco.org N ae� A i Fee �e - Y o° m none Rd Subject property o E s o Y � St Lucie Blvd q _ CN CG PUD RM-5 RM-9 PUD PUD CG ,.J AG-t IRo 1 'PO I j IL ( A —, 300IL � — i I riL - , e [AGA � T I L Inning IL-In9,iNzi Lghl N AR- ® Subject property Ae-Ipoe=mloaq: awagi sec-Flenn.e me..emmrEa: pR-I.ppircNWplpesinenlral (I Ou�ec) N.15-nesNenU¢IMu:l-ernily (i Rol: c) fA �Comn—FGenerzl pM�9-PesdenlulMUll Fam%igntlacj �500 ft. notification area cn-nmmeaial nela�omm�na as<-aeamanoalsingle Fame; (:nwaq - - .inp�lmional poLOW- Project Location: East side of Taylor Dairy Road, approximately 1/4 mile south of Indrio Road. Proiect Description The St. Lucie County Utilities for a change in zoning from the AR-1 (Agricultural, Residential-1 du/ac) Zoning District to U (Utilities) Zoning District for 38 acres of land on the east side of Taylor Dairy Road to accommodate the proposed North County Regional Water and Wastewater Treatment Plant. Background December 3, 2009 the Development Review Committee certified the ap- plication with a recommendation of approval. This rezoning would allow the St. Lucie County Utilities to de- velop the site for a future water and wastewater treatment plant. On Feb- ruary 17, 2011, the Planning and Zoning Commission voted to recom- mend that the Board of County Com- missioners deny -the -application for - rezoning. Notice Requirements A public hearing notice in accord- ance with Section11.00.03 of the Land Development Code was placed in the St. Lucie News Trib- une on June 19, 2012, Letters were sent to property owners within 500 foot radius, and a sign placed on the property. Public Comment Received At the Planning and Zoning Com- mission meeting adjacent property owners, Mr. Bennett and Mr. Sinnott, were in opposition of the proposed rezoning. Document Date: July 3, 2012 Environmental Resources Department Final Report TO: Kristin Tetsworth, Planning & Development Services Department THROUGH: Karen L. Smith, Environmental Resources Department Director FROM: Yvette Alger, Senior Environmental Planner Amy Griffin, Environmental Regulations and Lands Division Manager DATE: February 3, 2011 SUBJECT: North County Regional Water and Wastewater Treatment Plant RZ 920094011 Background The Environmental Resources Department (ERD) is in receipt of the September 15, 2009 Planning and Development Services' date -stamped submittal. The applicant requests approval of a rezoning to Utilities (U), to allow for the future construction of a regional water and wastewater treatment plant. The 38-acre project site is located on the east side of Taylor Dairy Road, south of indrio Road. The site is presently zoned Agricultural, Residential (AR-*1) and is dominated by mesic pine flatwoods habitat, interspersed with small depression marshes, each estimated to be less than 0.5 acres in size. On October 7, 2009, ERD issued a final report, summarizing staff's findings on the proposed rezoning and recommending approval. As a result of input from the Planning and Zoning Commission and the public, the Utilities Department requested ERD evaluate alternative sites within the airport property, east of the currently proposed location. ERD considered five alternative sites, as shown in Figure 1. On August 19, 2010, staff from ERD, Utilities, and the Airport conducted a site visit; staff from ERD and the Airport conducted a follow-up site visit on September 30, 2010. Findings Staff observed that habitats east of the currently proposed location transition from mesic pine flatwoods with scattered wetlands into scrubby flatwoods, which grade into open, disturbed lands before transitioning back into mesic and scrubby flatwoods, with scrub and wetlands, just west of US Highway 1. Findings from staff's alternatives analysis, including detailed descriptions of each alternative site, are provided below. Site A - Currently Proposed Location This 38-acre site is located on the east side of Taylor Dairy Road, south of Indrio Road. The site is presently zoned Agricultural, Residential (AR-1) and is dominated by mesic pine flatwoods habitat, interspersed with small depression marshes, each estimated to be less than 0.5-acres in size. Environmental Resources Department staff noted the presence of native habitats; potential Florida scrub-jay,-wading-bird,-and-Eas#ern-indigo-snake-habitat;-and-gopher iorloises-during-an October 5, 2009 initial site visit. Due to the abundance of slash pines at this site, native tree Environmental Resources Department Final Report North County Regional Water and Wastewater Treatment Plant February 3, 2011 impacts would need to be addressed during development of detailed site plans. Mesic flatwoods is not considered an imperiled habitat. Wetlands are considered Environmentally Sensitive Areas (Comprehensive Plan Policy 8.1.12.4). This site is not within the St. Lucie County International Airport property. Site B This approximately 80-acre site consists of three parcels, all of which are zoned IL. Site B is located just east of the currently proposed location (Site A) and is dominated by mesic pine flatwoods habitat, interspersed with environmentally sensitive wetland areas, grading into scrubby flatwoods in the site's southeast corner. Environmental Resources Department staff noted the presence of native habitats, potentially supporting the Florida scrub -jay, Eastern indigo snake, gopher tortoise, and wading birds, during site visits in August and September 2010. Due to the abundance of slash pines and other native trees at this site, tree impacts would need to be addressed during development of detailed site plans. Scrubby flatwoods habitat is ranked by the Florida Natural Areas Inventory (FNAI) as imperiled. According to the County's Comprehensive Plan, imperiled habitats are considered Environmentally Sensitive Areas (Policy 8.1.12.4). The Airport Layout Plan (April 2010 Draft) designates this site as a proposed future industrial development area. Site C This 52-acre site is zoned IL and is dominated by scrubby flatwoods habitat, interspersed with wetland areas. Environmental Resources Department staff noted the presence of native habitats, potentially supporting the Florida scrub -jay, Eastern indigo snake, gopher tortoise, and wading birds, during site visits in August and September 2010. Fewer slash pines are present at this site, compared to Sites A and B; therefore, native tree impacts would be less of a concern. However, potential impacts to Environmentally Sensitive Areas, such as scrubby flatwoods and wetlands, would require avoidance, minimization, and mitigation. The Airport Layout Plan (April 2010 Draft) designates this site as a proposed future industrial development area. Site D This 268-acre site consists of two parcels, both of which are zoned IL. The parcels are dominated by open, grassy fields, interspersed with environmentally sensitive wetland areas. This site includes a disturbed, previously cleared area wherein Federal Emergency Management Agency (FEMA) trailers had been stored. Mesic pine flatwoods are present in the site's southwest corner and along its eastern perimeter. The predominance of disturbed habitats at this site reduces the potential for native habitat impacts. Fewer slash pines are present at this site, compared to Sites A and B; therefore, native tree impacts would be less of a concern. Potential wetland impacts would require avoidance, minimization, and mitigation. Environmental Resources Department staff noted the presence of native and non-native habitats, potentially supporting the Florida scrub - jay, Eastern indigo snake, gopher tortoise, and wading birds, during site visits in August and September 2010. The Airport Layout Plan (April 2010 Draft) designates this site as a proposed future industrial development area. Site E Page 2 GAPlanning\PROJECT FILES\North County Regional Water & Wastewater Treatment Plant\P & z\02.17.11\ERDNCtyRegiona1WaterTrtmt rezone finalrpt_Feb11.docx Environmental Resources Department Final Report North County Regional Water and Wastewater Treatment Plant February 3, 2011 This 195-acre site consists of six parcels. The primary zoning of this site is Conservation Public (CPUB), which covers approximately 140 acres. Other zonings designated for portions of this site include 40 acres of IL along the westernmost portion of the site, 10 acres of Residential/ Conservation (R/C), and five (5) acres of Commercial, General (CG). The site includes a mix of wetlands, scrubby flatwoods, mesic pine flatwoods, scrub, and xeric hammock areas. Environmental Resources Department staff noted the presence of native habitats, potentially supporting the Florida scrub -jay, Eastern indigo snake, gopher tortoise, and wading birds, during site visits in August and September 2010. Potential native tree impacts would be a concern, primarily along the westernmost portion of the site. The eastern areas, wherein canopy trees are not as abundant, contain imperiled habitats, such as scrubby flatwoods, wetlands, and scrub. Additionally, the easternmost lands are identified on the St. Lucie County Native Habitat Inventory (Site 28, B-rank), and therefore are considered Environmentally Sensitive Lands (Land Development Code [LDC] Section 6.04.01). The Airport Layout Plan (April 2010 Draft) designates this site as a proposed gopher tortoise, scrub -jay, wetland, and tree mitigation area. Summary of Alternative Sites Environmental resources at the sites being considered include potential listed species habitat, _ native -upland habitat, native trees, and wetlands. A similar suite of listed species, including gopher tortoise, Florida scrub -jay, Eastern indigo snake, and wading birds, could potentially occur at all sites. Except for Site D, all sites are dominated by native habitat. Sites B, C and E contain imperiled native upland habitats, while the upland habitats present at the remaining sites are not considered imperiled. All sites contain environmentally sensitive wetland areas, which would require avoidance, minimization, and mitigation during development of detailed site plans. All sites contain native trees, though the more densely -canopied mesic pine flatwoods, which dominate Sites A and B, would involve greater potential native tree impacts than the more open areas near the center of the airport. Based on ERD's evaluation of the alternative sites, the site with the least potential environmental impacts would be Site D, particularly the former FEMA trailer storage area within this site. Regardless of the site chosen, the Environmental Resources Department (ERD) will conduct further review through the site plan and/or building permit review process. The following will be required when detailed development plans are submitted for review: 1) Wetland delineation (Land Development Code [LDC] Section 11.02.09.A.2.d.4); 2) Tree survey (LDC Section 11.05.06.A.3); 3) Environmental Impact Report (LDC Section 11.02.09.A.5), including surveys for listed species and discussion of efforts to avoid and minimize impacts to wetlands, native trees, native upland habitats, imperiled habitats, and listed species; and 4) Landscape plan (LDC Section 7.09.00). Recommendation ERD recommends the Utilities Department consider locating the proposed treatment facility at the former FEMA trailer site, or elsewhere within the non-native habitats of Site D. If this alternative site is not feasible, staff supports rezoning of the currently proposed site. Please contact Yvette Alger at 772-462-2866 if you have any questions. Page 3 G:\Planning\PROJECT FILES\North County Regional Water & Wastewater Treatment Plant\P & z\02.17.11\ERDNCtyRegionalWaterTrtmt rezone finalrpt_Feb11.docx 1 RESOLUTION NO. 12-013 2 1 FILE NO.: RZ 920094011 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE 6 COUNTY GRANTING APPROVAL FOR AN AMENDMENT TO THE OFFICIAL ZONING 7 ATLAS TO CHANGE THE ZONING FROM AR-1 (AGRICULTURAL, RESIDENTIAL —1 8 DU /1ACRE) TO THE U (UTILITIES) FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, 9 FLORIDA. 10 11 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 12 testimony and evidence including, but not limited to the staff report, has made the following 13 determinations: 14 15 1. St. Lucie County Utilities, presented a petition for a change in zoning from the AR-1 16 (Agricultural, Residential -1 du/ac) Zoning District to the U (Utilities) Zoning District on a 38- 17 acre parcel of land located on the east side of Taylor Dairy Road in St. Lucie County, 18 Florida, as more particularly described in Part below and depicted on the attached map as 19 Exhibit K attached hereto and made_a part her_eof,_ 20 21 2. On January 21, 2010, the St. Lucie County Planning and Zoning Commission held a public 22 hearing on the petition, after publishing notice at least 10 days prior to the hearing and 23 notifying by mail all owners of property within 500 feet of the subject property, and voted to 24 continue the petition to a date certain of May 20, 2010 regarding the request for an 25 amendment to the Official Zoning Atlas to change the zoning from the AR-1 (Agricultural, 26 Residential -1 du/ac) Zoning District to the U (Utilities) Zoning District for the County owned 27 real property described in Part A. 28 29 3. On May 20, 2010, the St. Lucie County Planning and Zoning Commission held a second 30 public hearing on the petition, and voted to continue the petition to a date certain of August 31 19, 2010 regarding the request for an amendment to the Official Zoning Atlas to change the 32 zoning from the AR-1 (Agricultural, Residential -1 du/ac) Zoning District to the U (Utilities) 33 Zoning District for the County owned real property described in Part A. 34 35 4. On August 19, 2010, the St. Lucie County Planning and Zoning Commission held a third 36 public hearing on the petition, and voted to continue the petition to a date certain of October 37 21, 2010 regarding the request for an amendment to the Official Zoning Atlas to change the 38 zoning from the AR-1 (Agricultural, Residential -1 du/ac) Zoning District to the U (Utilities) 39 Zoning District for the County owned real property described in Part A. 40 41 5. On October 21, 2010, the St. Lucie County Planning and Zoning Commission held a fourth 42 public hearing on the petition, and voted to continue the petition to a date certain of February 43 17, 2011 regarding the request for an amendment to the Official Zoning Atlas to change the 44 zoning from the AR-1 (Agricultural, Residential -1 du/ac) Zoning District to the U (Utilities) 45 Zoning District for the County owned real property described in Part A. 46 XXX Y012 Resolution No. 12-013 File No. RZ 920094011 Page 1 1 6. On February 17, 2011, the St. Lucie County Planning and Zoning Commission held a fifth 2 public hearing on the petition, and voted to recommend that the Board of County 3 Commissioners deny, by a vote of 8 to 1, the hereafter described request for an 4 amendment to the Official Zoning Atlas to change the zoning from the AR-1 (Agricultural, 5 Residential -1 du/ac) Zoning District to U the (Utilities) Zoning District for the County owned 6 real property described in Part A. 8 7. On July 3, 2012, this Board held the first public hearing on the petition, after publishing 9 notice at least 7 days prior to the hearing and notifying by mail all owners of property within 10 500 feet of the subject property. 11 12 8. On XXX, 2012, this Board held the second public hearing on the petition, after publishing 13 notice at least 5 days prior to the hearing and notifying by mail all owners of property within 14 500 feet of the subject property. 15 16 9. The proposed change in zoning is not in conflict with the goals, objectives, and policies of 17 the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 18 11.06.03 of the St. Lucie County Land Development Code. 19 20 10. The proposed change in zoning is consistent with the existing and proposed uses in the --- 21 surrounding area. - - - - - - - 22 23 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 24 County, Florida: 25 A. The proposed amendment to the Official Zoning Atlas to change the zoning from the AR-1 26 (Agricultural, Residential- 1 du/acre) Zoning District to the U (Utilities) Zoning District forthe 27 project known as "North County Regional Water and Wastewater Treatment Plants 28 Rezoning" for the property owned by St. Lucie County and described below is hereby 29 approved/denied. 30 31 Legal Description: 32 The Southwest 1/4 of the Southeast 1/4 of Section 13, Township 34 South, Range 39 East, LESS 33 AND EXCEPT all rights of way for drainage canals and public roads; all lying in St. Lucie 34 County, Florida. 35 36 Location: 38 acres of land, more or less, on the east side of Taylor Dairy Road, 37 approximately % mile south of Indrio Road 38 39 ParcelID#: 1313-430-0000-000-5 40 41 B. The St. Lucie County Planning and Development Director is hereby authorized and directed 42 to cause the notation of this resolution to be made on the Official Zoning Atlas of St. Lucie 43 County, Florida, and to make notation of reference to the date of adoption of this Resolution 44 on the GIS computer mapping system stored electronically by the PDS Department. 45 46 C. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit'B," 47 was signed by the applicant on September 10, 2009, XXX, 2012 Resolution No. 12-013 File No. RZ 920094011 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 _ 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 D. This Resolution shall be recorded in the Public Records of St. Lucie County. E. A copy of this Resolution shall be mailed, return receipt requested to the owner and agent of record as identified on the application. After motion and second, the vote on this Resolution was as follows: Commissioner Tod Mowery, Chairman XXX Commissioner Paula A. Lewis, Vice Chair XXX Commissioner Chris Craft XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED This XX Day of XXX, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney XXX, 2012 File No. RZ 920094011 Resolution No. 12-013 Page 3 1 2 3 4 5 6 7 8 9 10 EXHIBIT A RZ-920094011 Future Land use North County Regional Water & Wastewater Treatment Plants O COM R IaoRio'xo MXD ♦1 T C � NC ; ' K 1 500 0 rc � p , 1 rc � 1 1 F 1 � 1 1 ' 1 M) D ' 1 . _....._ T/u ®Subject property Future Land Use RM Residential Medium (9du(ac) N com-Commeruai RU Residential UNan(Sdu/ac) 1^^�1 MXD-Mixed Use Development T/U-TranspodaturfUtitlies 500 ft. notification area P/F- Public Facilities NC -Towns, Mirages, and Countryside Msp,reparedM y2J 2012 XXX, 2012 File No. RZ 920094011 Resolution No. 12-013 Page 4 I 2 3 n J EXHIBIT B Concurrency Deferral Affidavit St. Lucie County, Concurrancy Deferral Affidavit 1 Laurie weldia residing or doing business at 2300 Vughaa Avenue , Nerne _— - Street Fen Pierce FL 34982-5632 772-462-1150 City Slate Zip Phone have applied for a Ramping from St. Lucie County, Florida, Type ofDevelopnran Order for the following project: NoM County Regional Water and Waslewakr Treannent Ylnnrs Name ofpropused Dev0'ar'af - I do hereby affirm that in connection with my application for the above project, I have elected to _ defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the - - - — - — - - - - - same property. XXX, 2012 File No. RZ 920094011 I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section 5.08.01 of the St. Lucie County Land Development Code, no firal development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. �o Signed: Date: pplicant STATBOFFLO13y.113AI COUNTY OF 'T AiA+7l.Q ciL� /�a��s Trye�fore^going insvpment was acknowledged before me this �0 dayofei.w/_. 20A,by_ (/Yf/1 1Q. [f}r�0 whoi rsonaliy knorm meor who ha, produced az idennfecatiun. //Signalore of�Nola�ry Type or PrintNvne of Moor „Covauhoon Number (SW) .ae�:4a OBAW/20ROP NYgOEs:J' 19'20h2 i,•"iT • EXPIgES:Jenuary B, t01T ao-nJ^ PaVrlRxah,XNdarSWw Page 1 of 1 Revised: April 1, 2008 Resolution No. 12-013 Page 5 z� U U QE E m 6> NLLL L N m�v�iw Ix o � CL �z J LO _ o V C O _1 1O m .Qc Q 1 1 rnmE Ew Q Q O O r 1 1 c 1 1 NQQUU- 1 1 � oa �J:�11H0 �aO�AHl � cc � I C O C Co Q � U � a) d a O Lo 1 1 1 = U tiMH�S�JN1�1�N U C7 d z N 17 N N I /A y� < CN LL J m I V m N 6 a � a IL -~ o Qi C C ll._ _O � ♦ — .mowo --g � acu �LLLLLL N c m m o 5:0 �Oz ------------- Q 1 1 1 1 �t 0 W (�j Lluh oa naiea,ao�Avl ♦ co O _ � ♦ UU- -5-.3N yN OU E Ov Q O O A p c NQQU(zJ- LL U o � Q U � c N cl� o p JXMH;SJNIN-N - -- l 1 1 1 - - -1- 1- z U Z -- - I - - -- a N � � N U m � a m -N C N .�� � nova �� o ♦ ,mow L • IF m 1 1 c3 w N m o C) 6i 1 1 c 4 1 a L 1 1 o) 0) - w N 4� aa.Aalva�ao�nvi � v N N ♦ ♦ V 7 N � m _ r E LL C E N o_ m o x a _ m,a 3220 5ax� LLU�a CK cc U �a cu a Q O O L += z U a a a) $ :Q o Lo AMH SJNIN,N i 1 LOU Meeting Time: 6:00 PM (or soon thereafter) John Doe 2300 Virginia Ave Fort Pierce, FL 34950 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL 34982 Applicant St. Lucie County Utilities 772-462-1150 File Number RZ 920094011 Project Location East side of Taylor Dairy Road, approximately 1/4 mile south of Indrio Road. Future Land Use MXD (Mixed Use Development) Existinq Zoning AR-1 (Agricultural , Residential-1 du/acre) Proposed Zoning U (Utilities) Staff's Recommendation Board authorization to schedule the second required public hearing for an amendment to the Official Zon- ing Atlas on July 17. 2012 at 9 am or as soon thereafter as possible. NMM1�nry R�anL Wales Itl 8 WaA Ie T nsnlPknb PZ-9NJAfn11 N s maw as �` srye7ee C � m PlopeRy E � E `s — 5, �nga R�tl North County Regional Water and Wastewater Treatment Plant Rezoning PUD CN CG RM-5 RM-9 PUD PUD CG AG-1 IRg Ra IL I A - ' mo iL 1 AG-1 1 , n 4 __ -_ U rdAR-1Subject Znning IL-InWSNaIp1I N property Ac.l-ASkarwlpawan) R. 5l'AR-I-Api,¢ulunlRealOenXa1(Itlula[� RMS RosMenlMlMUXi iam0(5tl a) mOFaMiV(500 ft. notification area-cemmamalry bnwmae as<-Re¢leenual slogs PamineXwaa) I-mnnuXonal u. uumee Public Hearinq Description Consider an application of St. Lucie County Utilities for a change in zon- ing from the AR-1 (Agricultural., Resi- dential-1 du/acre) to U (Utilities) for 38 acres of land on the east side of Taylor Dairy Road to accommodate the proposed North County Regional Water and Wastewater Treatment Plant. Background December 3, 2009 the Development Review Committee certified the ap- plication with a recommendation of approval. This rezoning would allow the St. Lucie County Utilities to de- velop the site for a future water and wastewater treatment plant. On Feb- ruary 17, 2011, the Planning and Zoning Commission voted to recom- mend that the Board of County Com- missioners deny the application for _rezoning.__ The St. Lucie County Board of County Commissioners has the power to review and grant any appli- cations within their area of responsi- bility. The Board of County Commission- ers strongly encourages your input and comment at the public hearing. You may also mail or email written comments in advance of the public hearing for inclusion in the official record regarding this proceeding. Further details are available in the Planning and Development Services Department, please contact: Staff Linda Pendarvis Tel 772,462.1562 Email pendarvisl@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, FL 34982 p E i u tD l0 l0 0 1p VI l0 'i N �-1 N 'i N ri N t0 vl l0 Ul lD tll l0 Vl �O 1/1 ✓1 N vl vl I ll O 1i Vl T N m ✓1 rl 1p tD lD tO N N N N N N N N N N Vl m N N cr m m m m m m m m m m m al Ol al Ol m m m v m m a m m m m m o m m m m m m m m m m m m m m m m m m m m m m m m m m m m J LL J LL LL J LL J LL LL J LL J LL J LL LL J LL J LL LL J LL J LL J LL J LL J LL J LL J LL V N m v v v v v v v v v v v w v v v v v u E 0 0 0 0 0 0 L 0 0 ., 0 0 0 0 0 `v p `w`w_. w y a a 'a a s o. a s e a a a a a d o. d C° a •y C C C C C C r t C C r v t r r r C ° C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v 3 LL LL l0 LL LL LL LL LL LL l0 LL LL LL LL LL to i to O m m 'O m O 0 0 K K K K K v v p, v p, p, d p, v > r v > < > > > > a > a > a > > > > > > > a a o 0 0 o m m m m m m m pl O `o 0 0 c c E c cWo >>>>>>>>> > I/t vl v1 0 m 0 0 0 O O O O O O O lD ✓1 O ri O a m In In vl o 0 0 0 0 0 0 0 0 0 In o 0 0 o In In In In m m m m m m m m m m C In m n m rl y T V d' N N N N N N N N N N fi � N fl N C C C L J � 1 1 I « N O N C N C p C d m U C 3 1 vl m m m t i 3 3 LL c m 0 ' m >� E 0 E 0 C v LL 0 ar v v W V .- 0 p O c J 0 V 0 0 U 0 0 V 0 0 V 0 0 V 0 0 V 0>> 0 V 0 U 0 V 0 0 V J U m O U � Fo W N p) 41 N pl pl W N p) V 'r W C O p) v 0 J J J J J i N C 01 J J J J Y p) m m m Vl VI Vl N N lA N VI V1 VI LL � Vl LL V Vl t➢ Ol N r'1 V m O O V Vl lD f� M h ci N m r O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ri N M m rl M O O O O O O O O O O O O O O O O S O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c ] �-i O O m V M .-1 rl rl O O ri rl rl N N N N fi O m m m m m m m m m m m m m m m m m m m m m �-1_ rl_ rl N. N _�_�.. rl mO- m..� L rl �-1 Z a Z C W F W N W z Z a N J N m A y J Z C N N C l0 m L: a s Z 0 ,R U > 2 N U Q U) 0 r O N T # Jt N N m 0) M .0 Z a O F C n N O Q J) U t LOOCILUS�T1A/TE'p'@y® 3 11 dQ. tine Marine �T etssu rise welcome getssurprise "RdING`S R Cl1iIE PEE ILR IS w FAU research aim.s w HY(A. Wallazrm i w�m,m �� ' t®cuth®slpitalvlsats z�� s �� y G march Md r Thre t tt W � lit P l ,: a Bvplamlad. D JmephG wdander E edtohm-finfl Itl d shield th f f / - 1 3 li se., s za seats dean at FAUk Chadm E.Schmidr mest _isj- - r Nobody likes golm m College of1d.d,ins, sold time of Ioess. B t bun day �, i - 4' "` the hosPYtal. But its es hosPdalaa[mn is often hard a a elderly tMzi61¢chmce bvtno[ eight theyb ugh[ of d di h.InF Hs % " pc,Wt, n sing home residents alrvays bo d LedbyaPe)L Pun carom andm h 40 T t - l F L ran tall Pr dmeloR Same I. hospital idwtiodo,!.,dong rhea Roaututileand imam w motorcycle, Str[PBLMt 3 i n,x F.(S' amysthete And unneus fuLM,,..Hsronotbava sazyadmunommemnlY, peopke repeatedly has ew thDe IaP USMC mu medas e H .{ b f Hnngg to mare tban ptalw.ed add have them q firadhwsel( gl(dby / - "P s"i- t S9 bifonln Medicaaex subjected in twtathal will n bmpmvethefrgoalLLy e moved ofm rh Ell peg arevmBfi d, yh 6Sry : v-sj} ss�?•�f pvndnnresammU So LLk not smprizing of rife, said Oustander. ers.S D De La IVaa 20 recently l - [I�a, mleacchers at Plot who starteworkman on ida Atlantic Uld,olo y INeight Years w unturned from Afghani- GeI., his fifth cminbat de- 's"v p` - "^^^""`p""""'¢'°""" 6ettmBalm of ,rein ago, Nan lately -made lot of musualolinumdiately ploy oudinhi90-yearea- &lot thew De miso, Oeard ham d9b0 recones a hat, hom M16 late, Ime, after atthia9 al grents-as[beymntmue cillingahospied.stafus ts.ki,fire." amazing fndlizi would i theld-hie Cops. Instead ofa quiet drive up the restae".1onday allemoon at mile mntker 111 abn9 Interstate 95. Marc that la hike riders from the Must GwN and American toolm Men smpiisea De to Paz, a Mone,in the rodus a[ hospital visitslr these in .se INTERACT man to Interstate 0 frour Minor, prkulot tl tdhlmbMspments'M1ame in Fellsmere masnghmmes onsaws multiple risl(ar Heg f erh t and d, Possible she'she was rounited Rhm r A M d onth th h Id P u n. n e t a k f{. N ppm i t iFAU a n thist ..Theymay ae Ih and diskS rid the d twouldbe ll yM ttM1 7 5 d - € �35 HasmNlws lacy teaches mdif ( shebloomed out bleremaln Ail ah ezbl iM1 z r Hallkmum Hlem a rw n' 1 d II Irrsdm ofHeahl ao vw [N n a sdiVaXmr: difiballwtost iEfl consignor c closely mumi- ire p .hf.CsbmdlUdbmulm B '�__ sR studimin w R: Hon art 1 t bred fh +t lol dSaM 0 ,format I p HePulledW h h niadebazmvsfrtheh t 1 ug wh h r at ♦ §, teiduel lftheafamahez Rao llama W M dive F PAU [h Na¢nnal ey wellasamdico a Imth tesgram..on e town o(eebp eaad^ak pia raryuMa quahtyo(nre taP of52dD.00D from [he a ire rvute rolil p r Va home art 12y[h Avenue Lnlesubb"fis' &acde $ \.f De lxpuSpazLShe hedN Thu ymBrmn, called C no ,aih Fund,I. ImPlemendm• Imerren help retire,INTERACT E lined with flan -waving itymembwx. ro'l _ LJmasmureaw�kaalmnh roombmakattherestatea tionsroltedvice xospitob motsandtrummgacail- iahmm ofNu[s'nBHmne Ide:andenotherSOBbbeb hom Gm llkemnMhirW,. uM save m a music" a „+ice - y. _ nteorIN-195rom.-lap i ij g. yj, y wdh fe exam, Manhew H¢ddenm,orurteHAcr, The Patient-Crn- Irain, aides, nurses and tered Uuter mesxeselarch 9 lightly vunned4Le lhz Lemma mmldaft NaMviherslow DCIaPaa(re[und ban loll) stands wR5 his sought, Aliu` shmiagmtilebepuUMinN tit. in how to identify Irelimte. toesaminewaYs healthusuu among rest- identsand theiirfomi- assid,wMah toazaMhaMshaks'Tfa2 so thmmh�tne 01f),;aad meths, Luc,, after artesian teasumrbe,A, at thermmavzandawalaige dents early on and haw Xezcanbemoreinvived stud document ohoptaliaamoudeci- "n svek lumx_Ttom hr1 cm wzbhishome,themma5• shemmmrdtMhmrewm ui�pmnslespdwvedevm hile De la Paz ioat gerdem,y"CBeaad We opain PeterPw.m of msloppMaeferawtYoPened Snag S)mk rCslammt on ingollaxringh"vn aim was a fmrothecXmesavuhW[any feaefec[aava"Paremswd Nelku'xit GuaN(Lulersd 6 Calory Rand M2furabcief rzcDymiHax FleYassa,scoahome Cloddy"we dent Gzt tW L Nebimkm:DmEn' -Hutrmrrerent drill, tolusrnothingg with very -acres" lhce Weumeily mofpeLLmrereutri�ds avitlt ness".."crieliydiHuWt Endalloormtioashowar. 'tfiuenl, Do La P�r famNjty=lim member oflUpllnums Passau aid."Whl-leAtfor Rae call this a goad kmwn Nm simuhe nas l2 suns serenely inhrttd byre hiinmoreashnowmebox ride." 9 C 0 Restoration begins on Sewab House aDlawlalrohe�[0 ocaarmzvvza�I1 _.y Ihtt hd within willlllead ANSFIlwA01 Rester.-t 41 beluMfebudding d fib h t Cept i - Wry�o`oB to have hi h me w 5 I( Aou 6 6 1 > i Y bu y m t keep It (or k yid by UJ f H the mat to mme." said Ran am P ,or i¢ W XY A h f t 4 Y d 115 om¢e manager of the me t r II it deser rob t A pe"rowee,fa lartm point Indian Rive Sd P k _ C ty 2 1'ne house built m the �`- i`� Aftr, resmatron Is N low Wor. fehoum f "' I Henry Sewall a � - pIN Macau County por k. d t ecreannn wall Dmie Cowry• @gsslatave r presasiouns.Thehome -- ` a..sm asie sa•_ uke over and desn6mte "bar scents and access isuserved asa Pa"af- iM haam NCapl. Nenry9evea11 in 1<nseneeach. flu, public can expect in w fit in its retry days aria aboottegging v4•In the will be replaced.11 a DID Indamehoureinrhea and mound lhehm s. "1'm xutM to sit 1920s. histu[icat accuracy in AI[eedy completed msto[edlthmkftwHllr F The Martin Canny I.I.T. dihebloehonalso cxhm,forheart.visil- Historic PlImI.ina The bause, ariR/nally boardwalk a maker m the mgfepuk:'lanarymd E HnaN isaucaaCemreain muted nn old 51 Vn Lnk p Cfappmpuatenesfrfe Eoulemmrud N�upuinsewmn1homelmt i 2DamarefRarL k"chm baca, e Side Park by barge down Ieo,morlarelpmzerrn theN,lac0eRherMcauze p hinrcinllytelevmrbubl- toostr iewbicldtsarwaz a in sandpmpertias. going rn be rMeveloped y The Cerebrate of A, SYwmpfu<ameno-kEad e! a A.Prismaw. wRncwi- avers,a line. slam+ edge,asssas the hmsn5 2099 leaanetl[he newpmmrty isting n the Martin . rshad vo iaeresem are Cam". Historic ReBisler theImen ww vatmm vbec'auseorimageanau, rhermnvedfasiiosmyeth< nlvanlsandganHPer- bnilJind, Ayers 4onmed ,tar issmn to fie county m l sD,DOD m help vdM fe W begin restoring the build- ra,.rbn. � 772-460-6969 0 S ingtoitmrlPjn IPJnec when estandlum Is ® 6 It dctlnimty ds pletnt ba Septembe,. sa nark"said Bonnie the Captain Sewdi Honsu f w Landry, Martin Coanty will jinn the Manion al P A ^; 2 ComesunityDevelopment 'Rmkahoe as the second _ _ iF spRestin. AnnuarchatmlY " dxwaYm yd ItVesmg hool.for baith REM your mat teeNnp itneeegtuffmd (y GcG wro�kihnrisio umre�oue -M01111 for MommosaidNJNIV , ® y beamomsvidedhadoved @F� that was added Ut l "id ' east thehome's LLf Il it be wyim.a.uwammumswn. �pm+enwam.eupn L ei shmgles Thf tyah wMWR apt.aaup+.mA ® t albe-d dud �O�OpY IAaa dmes.daorsandelamers )Myp p.umnw..d,.iaay e..,. .21 6 •yma IIt11R n-suawsaw—see. w� ig .W AIItWi9eJaa msov nusman.ami>peetican �V .(w[NhddM6dMnda pma.3 (772) 299 4304 . M;: RrA6n,. HMm Wws,Nn, �I A�pn.vanaes.YMY^gi'k�laa�"^^rommn I IFN meefn] tlgM saP 1 4e 9. W to anard RYoa Mawjer awatlMYtl9F+Nmmi.aV wlr.ma6Yna it (nY1lRdrdeaTnn tmNm•tefn maDnoFmgrtv^•• •ream'ma . ST. LUCIE COUNTY GROWTH MANAGEMENT 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 -Fax: 772-462-1581 www.stiucieco,gov/growth DEVELOPMENT APPLICATION Prior to submittal, all applications require a pre -application conference. Please contact the Growth Management Department to schedule an appointment. Submittal Tvpe [check each that applies Site Plan Variance 2 ❑ Major Site Plan ❑ Administrative Variance ❑ Minor Site Plan ❑ Variance ❑ Major Adjustment to Major Site Plan ❑ Variance to Flood Damage Prevention ❑ Major Adjustment to Minor Site Plan ❑ Variance to Coastal Setback Line ❑ Major Adjustment to PUD/PNRD/PMUD Rezoning 3 ❑ Minor Adjustment to Major Site Plan o Rezoning (straight rezoning) ❑ Minor Adjustment to Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) - —o--Minor- Adjustment -to PUD/PNRD/PMUD -o-Rezoning with Plan Amendment Planned Development Comprehensive Plan Amendment ❑ Planned Town or Village (PTV) ❑ Future Land Use Map Change ❑ Planned Country Subdivision (PCS) ❑ Comprehensive Plan Text Amendment ❑ Planned Retail Workplace (PRW) Other ❑ Prelim. Planned Unit Develop. (PUD) ❑ Administrative Relief ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Class A Mobile Home $ ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Developer Agreement (Submit per LDC 11,08.03) ❑ Final Planned Unit Develop. (PUD) ❑ Power Generation Plants ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Extension to Development Order ❑ Final Planned Non -Res. Develop. (PNRD) ❑ Historical Designation/Changes 7 Conditional Use 1 ❑ Land Development Code Text Amendment ❑ Conditional Use ❑ Plat ❑ Major Adjustment to a Conditional Use ❑ Post Development Order Change ❑ Minor Adjustment to a Conditional Use ❑ Re -Submittal # 8 ❑ Stewardships — Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements s Application Supplement Packages 1. Conditional Use 4. Comp. Plan Amendments 7. LDC Text Amendment 2. Variance 5. Class A Mobile Home 8. Re- Submittal 3. Rezoning / Zoning Atlas Amend. 6. Historical Designation/Change 9. Waiver to LDC/Comp. Plan Requirements 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). %"r T_ 5 41aa Page 1 of 6--- - -- - Revised July 14, 2009 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — GROWTH MANAGEMENT Application Type: Rezoning Supplemental Application Package No.: (Please provide separate fee calculation worksheets 0 BASE REVIEW FEE: El CONCURRENCYFEE: p ERD REVIEW FEE: p PER ACREAGE CHARGE: 171 RESUBMITTAL FEE: (if applicable) (A) (B) (C) (D) $ (E) application type) p OTHER $ SUBTOTAL OF BASIC FEES: $ p PRE -APPLICATION MEETING FEE: (F) ) deduction Receipt No. of Payment: Date of Pre App: 8/27/2009 3VJ BALANCE OF FEES DUE: P( (_P� SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code p $950.00 — Methodology Meeting (G) (If Applicable) • Additional fees will be due if a 3rd party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from P party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Growth Management. 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 Laurie Waldie, St. Lucie County Utility Director ; Applicant Name (Printed) Signature of applicant INTAKE EVIEWER - SIGNATURE DA E VERIFIE BY - SIGNATURE DATE File Number: Receipt Number: I I Q- (For office use only) Page 2 of 6— --- --- Revised July 14, 2009 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 collated sets. All applications must include the following: 0 Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 9 copies) 0 Aerial Photograph — property outlined (available from Property Appraiser's office p Property Deed p Legal description, in MS Word format, of subject property El Property Tax Map — property outlined (electronic copy not required) El Survey 19 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) Concurrency Deferral Affidavit; or l3 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' (10 copies- folded, not rolled) 0 Boundary Survey — Signed and Sealed (10 originals) 0 Topographic Survey — Signed and Sealed (10 originals) 1771 Landscape Plan — Signed and Sealed (10 originals) 0 Traffic Impact Report (TIR) (4 copies) if: 0 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) p 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: 171 Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02,06) 0 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 July-14, 2009- -- - - —- - __ Project Information Project Name: North County Regional Water and Wastewater Treatment Plants Site address: Taylor Dairy Road Parcel ID Number(s): 1313-430-0000-000-5 Legal Description: (Attach additional sheets if necessary - also must De proviaec in iwo vvorc ionnat un uu) Attached location - Section/Townsh Property size - acres: 38 Future Land Use Designation: MxD Zoning District: AR-1 Description of project: e: 13 34S Square footage:1,655,280 of property from AR-1 to U to allow for future County -owned water and wastewater treatment plants. additional sheets if necessary) Type of construction (check all applicable boxes) Commercial Total Square Footage: Existing Proposed: Industrial Total Square Footage: Existing 0 Proposed: 208,000 Residential No. of residential units: Existing Proposed: No. of subdivided lots: Existing Proposed: Other Please specify: Number and size of out parcels (if applicable): Page 4 of 6 -Revised duly 14, 2009--- 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. - ACKNOWLE Applicant Information (Property Developer): Name: St Lucie County Utilities Address: 2300 Virginia Avenue Fort Pierce, FL 34982-5632 Phone: 772-462-1150 Agent Information: Name: Camp, Dresser, & McKee Address: 1701 Highway Al A, Suite 301 Vero Beach, FL 32963 Phone: 772-231-4301 Fax: 772-462-1153 Fax: 772-231 4332 Email: WaldieL@stlucieco.org Email: yongetc@cdm.com _ j yOtlC Please indicate one individual to receive all official correspondence on this project. Name: Thomas C. Yonge Phone: 772-231-4301 Arirlrpcc• 1701 Highway A1A, Suite 301 Alternate Phone: 772-473-3400--- - - -- ---- -_-- _--- - - Vero Beach, FL 32963 use an address that can Email Address: yongetc@cdm.com 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. --1roperty uwner Signature Mailing Address: 2300 Virginia Avenue Fort Pierce, FL 34982-5632 Laurie Waldie, St Lucie County Utility Director Property owner Name(Printed) Phone: (772)462-1175 If more than one owner, please submit additional pages STATE OF t ` ° , COUNTY OF ZT) k , Lu I�- The foregoing instrument Jwas acknowledged before me this r v- day of ` r /1 ' 1, 20 by (J C C�(I G' �f x �C who iCrsonatl— y knto me or who has produced i as identification. tgnatu o Notary ype r not ame o olary 0�,Q C Commission Number (Seal) 4PT.; r*t LISAWALDROP --Page 5 of ---- --* s MYCOMMISSIO ODIOM - - EXPIRESiJSnuaryB- - Revised July 14, 2009 1.,0a��,a BwMTNuB*d Notuyseniar Supplement 3 to St Lucie County Land Development Code (LDC) Current Zoning' AR-1 - Proposed ZoningE : 11.06.00 for details Current Future Land Use: MxD Acreage of the area to be rezoned: 38 Acres 1. If you are requesting an amendment to the Official Zoning Atlas of St. Lucie County, state whether the proposed amendment is in conflict with any portions of the LDC. This proposed amendment is not in conflict with any portions of the LDC. 2. Please give a statement describing any changed conditions that would justify a rezoning: This rezoning is necessary for the implementation of the proposed North County Regional Water and Wastewater Treatment Plants 3. Please state why there is a need for the proposed rezoning: The current zoning designation does not allow utility uses so in order to move forward with the facility as designated in the Comprehensive Plan, a rezoning is required. 4. Please state whether and how the proposed rezoning is consistent with the St. Lucie County Comprehensive Plan: sub -element (sub -element 6D) of the Comprehensive Plan. 5. Please give a statement outlining the extent to which the proposed amendment: A) Is compatible with existing land uses, Most of the surrounding properties are vacant; however, the land to the south is zoned "U", and the land Page 1 of 2 Revised: June 19,-2008 Supplement 3 B) Affects the capacities of public facilities, including but not limited to transportation, sewage, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical service; This facility will obviously improve the capacity of the sewage and water supply public facilities and will not adversely affect any of the other listed capacities. C) Affects the natural environment; (If no adverse impacts expected, please state why.) There are wetlands that exist on site; when the site plan is developed the applicant will attempt to avoid any impacts to these areas. D) Will result in an orderly and logical development pattern; to the logical and orderly development pattern. E) Will adversely affect the property values in the area; This facility should serve to enhance property values 6. Please explain the applicant's interest in the subject property; St Lucie County, as the applicant has designated this site for the proposed facilty. 7. Please include such other information or documentation that may be deemed necessary or appropriate to a full and proper consideration and disposition of this particular application. South Florida Water Management District (SFWMD) has called for the County to implement a regional water supply in its Upper East Coast Water Supply Plan to meet supply deficiencies. The proposed plant will meet Please Note: This Rezoning Application Supplement will not be considered complete without the Development Application, complete with notarized signatures of all land owners, giving their consent to the filing of this application and supplement. Thomas C. Yonge Applicant or Agent Name (Printed) Signature Page 2 of 2 Revise& June 19,2008- -- --- - Saint Lucie County, Florida Property Appraiser's - Internet Mapping Print Service http://www,paslc.org/StIPrintnew.asp?Cmd=SIZE&SclCmd—&MapWidth 903&MapHeight=69 S &acti... 8/ 14/2009 PROPERTY LEGAL DESCRIPTION OWNER: St. Lucie County PARCEL ID:1313-430-0000-000-5 LEGAL DESCRIPTION: The Southwest 1/4 of the Southeast 1/4 of Section 13, Township 34 South, Range 39 East, LESS AND EXCEPT all rights of way for drainage canals and public roads; all lying in St. Lucie County, Florida. (Taken from Boundary Survey performed by Culpepper Terpenning, dated 05-26-2005) Saint Lucie County, Florida Property Appraiser's - Internet Mapping Print Service http://www.pasle.org/St1Printnew.asp?Cmd=SIZE&SelCmd=&MapWidth=903&MapHeight=471 &activ... 9/1/2009 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 2637609 OR BOOF "?60 PAGE 2124, Recorded 06/02/2005 a" 13:42 PM Doc Tax: $15960.00 This Document Prepared By and Return to: RTCHARD W. ASCHEWBRENolll P.A. 9500 S. DADELAND BLVD., SUITE 360 M1104I, PLDRIDA 33156 Parcel iU Numb W r e This d ture, Ma efhis day of May D , 2005 Bet y . Kaplan, a in le woman of me � C only f rate of L, grantor, and St. L ci y, a p li a div' on a State o Flor>. , whosr address is: Virginia Avenue, Fort Pierce, FL 34982 of the county of St. Lucie , Slam of Florida , grantee. WltneSseth mat the GRANTOR, for and in consideration of the sum of ------------------------TEN DOLLARS ($10)----------------------- Dou.nns, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, me receipt whereof is hereby acknowledged, has granted, bargained and sold to on, said GRANTEE and GRANTEE'S heirs, successors and assigns forercq the following deuribed lend, sitwet, lying and being in the Countyof St. Lucie Stare of Florida to wit: The Southwest 1/4 of the Southeast 1/4 of Section 13, Township 34 South n e st, L S XCEP a r>. h of a f r aina e canals an4__pu)plic roa s; $ll,4yi an e;ng--ii;L S ci Cou tyt SUB C TO taxes fo t e year 20 5 and SUB C TO existing o nanta, on iti limi ti ns of r4Bor s any. nd end tht gmol., does hereby fully warrant me title Ia sold lend, and will defend the same against lawful claims of all penons whomsoever. (Seel) STATE OF Florida COUNTY OF Miami -Dade Tht foregoing instrument was acknowledged before me this % day of May s 2005 by Betsy H. Kaplan, a single woman she is personallyknown to me assist has produced her Florida driver' i nse sej 6aeafion. ��cf yrf1,5623 y, R==nb Printed Name: 4wMY Commission Expires: I(AYLAN—A Luu Gumlad byO nLpLY dy,um,. ssr, LW) n. ea s", Fem,fLW0.1 St. Lucie County Concurrency Deferral Affidavit I Laurie Walcbe residing or doing business at 2300 Virginia Avenue , Name Street Fort Pierce FL 34982-5632 772-462-1150 City at, Zip Phone have applied for a Rezoning from St. Lucie County, Florida, Type of Development Order for the following project: North County Regional Water and Wastewater Treatment Plants Name of Proposed Development I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property. I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order. I further acknowledge that according to Section 5.08.01 of the St. Lucie County Land Development Code, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. �• J ���� ��{t Signed: (r4 .%�I"a Date: � 1 Applicant STATE OF FLORIDA / COUNTY OF v I /`,I /i t�.-r ' � The , f�o/p�egoing instrument was acknowledged before me this O day of %� % , 20, by /�,(,�,� %rip La who i ersonally known o me or who has produced as identification. Signature of Notary �— Type or Print Name of Notai Commission Number (Seal) at" ;roc LISAWALDROP MY COMMISSM I LI 8620B0 EXPIRES: January 8,2012 "for r�cF° Bonded ihru BL40 Nolay Services Page 1 of I --Revised:-- April -1, 2008 St. Lucie County Utilities Taylor Dairy Road Utility Plant Site Synopsis 1. August 2004, County authorized CDM to do an analysis of potential sites to construct a new wastewater treatment plant (W WTP) to service the entire North County area. County's existing two North County WWTPs are near maximum capacity. The study entailed_ o Growth Management identified several potential sites for investigation. o Evaluated 7 sites, some for sale, others not. (Exhibit A, Potential Site Location) o Five main categories were used to evaluate/rank the sites. ■ Technical/Physical, Environmental, Compatibility with Government Regulations, Social/Political and Cost Factors 2. The Taylor Dairy Road site, not on the original list but adjacent to the high ranked parcel on the Airport property, became available and the County pursued acquisition of the 38 acre parcel. o March 2005, BOCC approved the purchase for a wastewater treatment plant for approximately$2.3M. (Exhibit B Agendaitem.) o April 2005, BOCC approved budget transfer from various utility accounts to pay cash for the property. (Exhibit C, Agenda Item.) o April/May 2005 two appraisals of the property were completed with market values at $2.375M and S2.3 M. o Site falls within centroid of wastewater demand; minimizes piping infrastructure. (Exhibit D, Map.) 3. Site analysis was completed in January 2008 to confirm the proposed Water and Wastewater plants can be accommodated on the Taylor Dairy Road site. o Conceptual layout has been completed showingthe site has adequate room for both facilities and neighborly buffer of 300+ feet. (Exhibit E, Site Plan) o Reduced plant size based on current projections resulted in much smaller acreage requirement vs. 2004 study; conceptual layout will allow for future expansion, if needed. o Based on the population projections in 2004, it was estimated that a 34.4 mgd regional wastewater plant was needed with 68.8 acres required. (Exhibit F, CDM e-mail) o Anticipate 2 mgd of capacity for each treatment plant initially, with future expansion to 6 mgd each. Reduced size based on populations projections allowed by SFWMD in the Water Use Permit (WUP) approval process. 4. Water Use Permit, or Consumptive Use Permit, was received March 2008 from SFWNID for a water plant at this site, and the supply wells from the Floridan Aquifer were permitted for that location. (Permitting effort cost approximately $160,000.) SLCU/L. Waldie/TD Rd Bullets 1 March 16, 2011 o If the location is changed, the WUP would need to be "reopened" and the modeling completed for new well locations (wells can only be shifted within 200 feet of modeled location without permit modification.) o The water supply wells could be on the Utility site and the plants on an eastern site; however, the property would still need to be rezoned to Utilities for the supply wells. 5. A wetland delineation study, tree survey, and threatened and endangered species survey were completed by CDM prior to completion of the conceptual layout. o October 2010, ERD completed their report of the environmental significance of the Utility site as well as 4 other sites on the Airport Property. (Exhibit G, Report on Sites with map) o Please note, in response to a P&Z member, per ERD, "An Environmental Impact Statement is not required for a rezoning. At the time of site plan submittal, an Environmental Impact Report will be required per Section 11.02.09.A.5." 6. August 2009, rezoning application was submitted to change to U (Utilities). February 2011, P&Z denied the rezoning to Utility. o The zoning is currently AR-1 (Agricultural, Residential —1 du/acre) 7.. Staff looked at other county properties where a swap might occur as the Utility does not have any funds to purchase an alternate site. o There were no suitable sites. o The Utility District has a responsibility to its ratepayers to be fiscally prudent with all funds. The property was acquired for the benefit of the rate payers and should be used for such, or the Utility compensated. 8. FAA Concerns/Issues will be addressed o Land use must be compatible with airport operations, Utilities designation is compatible. o Height restrictions apply; no structures on the conceptual layout trigger significant height issues. (Exhibit H, Site w/runway) o Wildlife Hazards —all potential hazards will be mitigated to meet FAA standards. 9. FAA requirements/approval would need to be met whether the plants were on the Utility site on Taylor Dairy Rd. or on an Airport property site to the east. o Utilizing Airport property acquired with FAA grants for the utility is not an approved use by FAA and as such, the funding agreement states the grant would need to be paid back. o However, it also says, "...or is leased for non -aviation purposes with derived income being used for other than capital improvement projects, airport operations or airport maintenance." SLCU/L. Waldie/TD Rd Bullets 2 March 16, 2012 ■ It appears if lease money is used as noted above, and not for other purposes, then airport property could be used. (Exhibit I, Supplementary Agreement with FAA) A lease to the Utility may have to be based on fair market value as we understand FAA requires the airport to charge FMV to any facility constructed on airport property. (Confirming with FAA) If that is the case, this of course would be a hardship to the utility, and in essence the rate payers would be paving twice. 10. it was noted that the County should get a waiver from FAA in Washington to build on one of the airport property sites to the east, the old FEMA site appeared to be favored. o There are more "neighbors" with 19 homes and 103 units (Indian Pines Village and Heather Way) facing the airport off of Indrio Rd. o The old FEMA site does not have the same level of natural trees/shrub buffer as planned for the Taylor Dairy Road site, approximately 330 feet. (Exhibit J, Site Map) o County staff did meet with FAA airport district office in Orlando who discussed our situation with Atlanta regional FAA. 11. Initial site work/test wells would not occur until at least 2013 with the construction not planned until 2014. Total project cost estimated at over $40 M. These projects will continue to be pushed out a year with each new 5-Year Capital Improvement Plan until the projects are ready to go with BOCC approval. 12. It is necessary to finalize a location as regulatory documents state the County will be building plants thereto provide the needed water/wastewater treatment for future customers_ o Utility provides updates to both FDEP and SFWMD in regard to our plans for required future capacity and concurrency. o County has submitted their Five -Year notice to FPUA with respect to the bulk water agreement. (Exhibit K, letter) 13. The Utility strives to be a good neighbor while providing the Utility services required by a growing community. o The Utility will maintain a buffer between the public road and plant Infrastructure as we have at the South Hutchinson Island Wastewater Treatment Plant. (Exhibit L, Picture SHI WWTP) SLCU/L. Waldle/TD Rd Bullets 3 March 16, 2011 �1 U.S, Department of Transportation Federal Aviation Administration February 16, 2011 Mrs. Laurie Waldie Utility Director St. Lucie County— Utilities Department 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Mrs. Waldie: Orlando Airports District Office 5950 Hazeltine National Dr., Suite 400 Orlando, FL 32822-5003 Phone: (407) 812-6331 Fax: (407) 812-6978 RE: St. Lucie County International Airport - -- FAA-Pralifriinary Review -Rezoning of County Parcel- for Utility Use-- - - - - — - - As a follow up to our meeting held at the FAA Airports District Office (ADO) on January 19, 2011, Mr. Bart Vernace, ADO Assistant Manager met with the FAA Southern Region regarding your proposal. The construction of a future water treatment plan (WTP) is feasible provided a new design of the facility is reviewed during the 7460-1 / Airport Layout Plan (ALP) change process. The new pond design must either show a dry pond at its current location or a future wet pond to be located on the north side or the parcel, making this retention water facility as far as possible from the Aircraft Operational Area (AOA). If the airport sponsor decides to construct a wet pond, the design shall meet FAA ADO's guidelines for the construction of wet ponds on -airport property. The design guidelines provide the following: • Pond side slopes should be 2:1, bank slopes minimum 4:1. • Rip Rap should be placed around the perimeter of the ponds to keep birds out of the water where depth is less than four (4) feet and to keep birds off the banks. • Eliminate aquatic vegetation in ponds (if any) and keep vegetation from growing in the ponds though a maintenance program. • Monitor ponds for bird activity and implement harassment and/or exclusion and habitat alteration to eliminate said activity. In the event any of these retention facilities create a wildlife attractant problem, the sponsor agrees to take immediate action by applying other mitigation techniques such as the installation of electrical fencing, and/or wire grid. Fencing design can be obtained from the USDA National 2 Wildlife Research Center, Starksville, MS (point of contact is Mr. Mark Tobin and can be reached at 601-325-8215). The sponsor/airport owner should also notify the FAA Airports District Office (ADO) and contact the USDA to immediately resolve / remove any potential wildlife hazards within the facility. The construction of an open tank wastewater treatment and reclamation facility (WRF) is inconsistent with FAA AC 150-5200-33, Hazardous Wildlife Attractant On or Near Airports. Therefore, we object to this portion of the proposal. If you have any other questions and/ or concerns, I can be reached at 407-812-6331. Sincerely, "Original Signed By" Bart Vemace Assistant Manager cc: Todd Cox, Airport Manager, St. Lucie County Jill Grimaldi, CDM Inc. Nicole Notz, FDOT District 4 U.S, Department of Transportation Federal Aviation Administration November 4, 2010 Mrs. Laurie Waldie Utility Director St. Lucie County —Utilities Department 2300 Virginia Avenue Fort Pierce, FL 34992 Dear Mrs. Waldie: Orlando Airports District Office 5950 Hazeltine National Dr., Sulle 400 Orlando, FL 32622-5003 Phone: (407) 812-6331 Fax: (407) 812-6978 NOV — 8 201U RE: St. Lucie County International Airport FAA Preliminary Review - Rezoning of County Parcel for Utility Use This is in response to your letter dated September 21, 2010, regarding the use of 37-acre parcel of land adjacent to the County -owned St. Lucie County Intemational Airport (FPR) for the construction of a water treatment plant (WTP) and a future water reclamation facility (WRF). As stated in your letter, the "County -owned St. Lucie County International Airport" is owned and operated by the St. Lucie County, better known as the airport sponsor. As you may know, the airport property is obligated under federal grant assurances, meaning, the sponsor (St. Lucie County) assumes certain obligations pertaining to the operations, use, and the maintenance of the airport. These obligations are part of the terms and conditions stipulated on each federal grant agreement accepted by the St. Lucie County. A preliminary review was conducted and the proposal was found to be a conflict with FAA Advisory Circular (AC) and could adversely affect the safe and efficient utilization of the St. Lucie County International Airport. Therefore, we object to this proposal based on the following: Given the ownership of the property are under the same governmental body (the County), the requirements of Grant Assurance No. 20, "Hazard Removal and Mitigation" and No. 21, "Compatible Land Use" apply. Grant Assurance No. 20 states: "It (the Counly)will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be 2 adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by prevenlinr the establishment or creation of future airport hazards. " Grant Assurance No. 21 states: "R (the County) will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adiacent to or in the immediate vicinity of airport to activities and purposes compatible with normal airport operations.... " • The proposal is also inconsistent with FAA AC 150-5200-33, Hazardous Wildlife Attractant On or Near Airports. o Section 2-3d, Water Management Facilities, New Wastewater Treatment Facilities: "The FAA strongly recommends against the construction of new wastewater treatment facilities or associated settling ponds within the separations identified in Section 1- through 1-4. Note that the all recommendations contained within this AC become mandatory for all airport sponsors receiving federal funds. o Section 1-4, Airports protecting approaches, departures and circling airspace where requires a minimum of 5 statue miles within the farthest edge of the Aircraft Operational Area (AOA). o Section 4-3a, Airports that have received Federal Grant-in-aid assistance are required by their grant assurances to take appropriate actions to restrict the use of land next to or near the abort to uses that are compatible with normal airport operations. The FAA recommends that airport operators to the extent practicable oppose off -airport land -use changes or practices within the separations identified in Section 1-2 through Section 1-4 that may attract hazardous wildlife. Failure to do so may lead to non- compliance with applicable grant assurances. The County's letter also mentions an existing large body of water south of the proposed site and in close proximity to the airfield that may already create an attractant to wildlife, hence making it an existing wildlife hazard for the area. If your assumptions are correct, the County needs to immediately address this issue and mitigate the hazard in accordance with Grant Assurance No. 20, 3 I hope the information above have answered all your questions and concerns. If any other questions and/or concerns, lean be reached at 407-812-6331, Ext, 133. Sincerely, "Original Signed By" Pedro J, Blanco Program Manager cc; Todd Cox, Airport Manager, St. Lucie County Jill Grimaldi, CDM Inc, Nicole Noltz, FDOT District 4 INTER -OFFICE MEMORANDUM ST, LUCIE COUNTY, FLORIDA TO: Todd Cox, Airport Manager L. FROM: Daniel 5. McIntyre, County Attorney V C.A. NO.: 10-0755 DATE: June 11, 2010 SUBJECT: Airport Land Acquisition Joint Participation Agreements r, As requested, I reviewed the attached Joint Participation Agreements with the State of Florida-Department-0f- Transportation -providing for land acquisition at the 5t. Lucie County Airport. Each of the Agreements contain the following provision requiring repayment of the grant amount to FOOT in the event the property acquired with grant funds is used or leased for non -aviation purposes: If the Agency does not use the acquired land for aviation purposes or is leased for non -aviation purposes with derived income being used for other than capital improvement projects, airport operations or airport maintenance. If you have any questions, please let me know. D5M/caf Attachment Copy to: Planning & Development Services Director WPI No. 4829223 30B No. 94000-3824 SUPPLEMENTARY AGREEMENT DATE AMENDED EXHIBIT "A" (CONTINUED) THE AGENCY AGREES TO: I. Acquire the land interest in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 197U and the National Environmental Policy of 19.69. Reference FAA Advisory Circular 150/5100-11 and FAA Order 5050.4 (para. 33). See Exhibit "D" for additional conditions. 2. Assoon as possible apply for additional Federal Grants through the 'FAA under the Airport Improvement Program (AIP) for the purchase of the land involved in this agreement, and be responsible. for all assurances, obligations, certifications and signatures,neoeasary for the execution of the Grant Agreement. 3. When federal funds become available or within ten (10) years after the date of acquisition, whichever is earlier, the Department will be reimburse& to the norms— statutory share from such funds as may be lawfully.budgeted and appropriated by the Agency. 4. Remain responsible for all contract letting and administrative procedures necessary for the acquisition of the above land interests. 5. Secure in .writing from the Department, permission to execute each agreement with any third party. 6. Submit for Department review and acceptance all appraisals and appraisal reviews. 7. Furnish to the Department a projected schedule of events and a cash flow projection within 20 days after completion of the review appraisal. 8. Establish a project account for purchase of land interests. 9. Be responsible for collection and disbursement of Federal, State and Local project funds including reimbursement to the Department back to the State Share of the Cost. 10. Be Responsible for conducting the necessary acquisition services in accordance with applicable State and Federal law. 11.. .:Amend the.Airport Zoning Ordinance and include the airport's new land acquisition. 12. To complete the land acquisition, update the airport master plan and airport layout plan and make application to the FAA for a Federal Grant Project with State Participation for airport improvements. DOC31.2/CM 13 WPI No. 4829223 JOB No. 94000-3824 SUPPLEMENTARY AGREEMENT DATE -JUFO7 1W AMENDED EXHIBIT "A" (CONTINUED) THE DEPARTMENT AGREES TO: 1. Review and accept any contract between the Agency and its contractors}. 2. Review and accept appraisers, appraisals and appraisal P raisal reviews. 3. Issue a release for land purchase. 4. Provide funds for payment of 75% of all Department approved acquisition services to a maximum of $ 9,F75,000.00, which may be performed prior to execution of the Federal Gran,. Agreement. as TERMINATION AGREEMENT The amount of the State Grant .11 immediately become due and payable to the Department if: 1. If, the Agency does not use the acquired land for aviation purposes or is leased for non-aviwf on purposes with derived income being used for other than capital improvement projects, airport operations or airport maintenance. V n .2. If Easements are granted by -,he Agency as restricted by Exhibit I'D". The Agency will repay the Department a sum equal to the State's percentage of participation (see Summary of Participation, EXHIBIT "B") based on the appraised value of the property at the time of repayment. DOC31.2/CM • � d V O O �y, # {g R .N O G H L n W •C IV X lC cm N Gi O N C6 g.40) cOC 4W d 1 �. •O .d CD , d d C •a— � tIl CC a.► �-% p - ji Board of County Commissioners July 3, 2012 Meeting petition packet contained the previous Planning and Zoning Commission Meeting minutes and staff report. If additional copies are needed please contact: Linda Pendarvis by e-mail pendarvisi( or call 772-462-1562. visit -St: -Lucie-C-ounty Web Site: http://www.stlucieco�oy/planning/planning.htm Menu: Draft Agenda Items CONSENT O TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Donald B. West SUBMITTED BY: Public Works Administration Public Works Dir for SUBJECT: Port Master Plan Update Phase 1 Report BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board acceptance of the Port Master Plan Update Phase 1 Report. COMMISSION ACTION: ( ) APPROVED ( ) OTHER County Attorney (X ) ( ) DENIED CONCURRENCE: Faye W. Outlaw, MPA, ICMA-CM County Administrator Coordination/Signatures OMB Director -)kH .r, 07on Budget Analyst Daniel McIntyre Originating Dept. ( X) ERD onal B. West, P.E. Director of LX Planning & Development (X) Mark Satterlee, AICP Service `- Marie Goui Karen Smith Public Works Administration MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director DATE: July 17, 2012 SUBJECT: Port Master Plan Update Phase 1 Report ITEM NO. VIII Background: The Florida Department of Transportation (FDOT) has offered to assist the City and the County in updating our Port Master Plan. Our current Port Master Plan needs to be updated to include new components as required under State laws. In 2011, the State legislature passed HB 399 "Infrastructure Investment", related to Florida's 14 public deep water seaports. The bill requires each port to create a "strategic plan" with a 10-yea"r planning horizon. Each strategic plan must include the following basic components: 1) An economic development component that identifies targeted business opportunities. 2) An infrastructure development and improvement component with a strategic fiscal plan for capital improvements. 3) A component that identifies all intermodal transportation facilities, including potential linkages to air, sea, rail or roadway facilities. 4) A component that identifies physical, environmental and regulatory barriers for achievement of the plan goals. 5) An intergovernmental coordination element that specifies modes and methods to coordinate master plan goals and objectives with the missions of the State FDOT, other state agencies and local governments. Our Current Port Master Plan does not include the components that are required in the strategic plan. The County will be required to update our master plan with or without the assistance of the FDOT. The Florida Seaport Transportation and Economic Development Council (FSTED) is required to review the completed plan and prioritize strategic needs for inclusion in the statewide Florida Seaport Mission Plan. This process is intended to provide the necessary funding mechanism to assist the Ports in achieving their master plan goals and objectives. As part of the updating process, FDOT completed a Phase 1 Study to explore market opportunities that could result from increased seaport infrastructure investment. Additionally, the Phase 1 Study explored the willingness of the community to engage in a collaborative effort to update the Port Master Plan. July 17, 2012 Agenda VIII Page 2 The attached excerpts from the Phase 1 Study (Attachment A) provide an executive summary of the findings: A) The market overview identified new business concepts that could be explored in more detail in the Phase 2 Master Plan Update. B) The community outreach objective facilitated a public engagement process for determining whether to proceed with a Phase 2 Master Plan Update. A collaborative analysis "fact sheet" and "questionnaire" was developed to insure that a consistent and impartial message was conveyed to the public. The community outreach team held three (3) public meetings attended by more than 300 people in total and received approximately 300 completed questionnaires and comment cards overall. Copies of the Phase 1 Master Plan Update have been provided to the City of Fort Pierce and the Harbor Advisory Committee. FDOT intends to provide consulting services to the City and County to accomplish the Phase 2 Master Plan Update, with the Board's concurrence. The Phase 2 planning process will include meetings and public hearing with the various stakeholders and members of the public. The attached proposed Scope of Services (Attachment B) from FDOT provides a summary of the basic services to be included in the Phase 2 planning process. Approval of the Phase 2 Scope of Services will be addressed in a subsequent BOCC action. Previous Action: November 12, 2002 — Port sub element was adopted into the Comprehensive Plan by Ordinance No. 2- 14. February 7, 2012 — Approved Resolution 12-001 (Attachment C) for FDOT to proceed with Phase 1 Study & Report Recommendation: Board acceptance of the Port Master Plan Update Phase 1 Report, Executive Summary The Phase 1 Study was initiated for 2 purposes: to determine if Seaport investment at the Port of Ft. Pierce would attract new cargo activity consistent with the Goals and Objectives of the Florida Transportation Plan 2060 and the Florida Chamber Tradeflow and Logistics Study; and if the Community was willing to engage in a collaborative effort to update their Master Plan. The results of the Phase 1 effort indicate: The Port is well positioned for a number of business opportunities that would result from increased Seaport infrastructure investment. The Community well understands the potential for the land within the Port boundaries and have many ideas on how the property should be developed. The Team held 3 public meetings attended by more than 300 people in total and received approximately 300 completed questionnaires and comment cards overall. A summary of input is provided in the Appendix. In addition a number of unanticipated opportunities/issues arose during the process of completing Phase 1, including: Research identified that the State of Florida passed legislation in 2011 that provided for 50% funding to match efforts for the implementation of maritime education and training facilities and programs. The Team recognizes that a Phase 2 collaborative effort could look at new Seaport/Maritime Training uses at the Port. a Research indicates that the 2002 Master Plan has been successful as a tool to fund transportation related projects. Both the Taylor Creek Dredging and Spoils site project and the Port Entrance and 2n1 Street Project as are fully funded for Fiscal Year 2013 which begins on July 1, 2012. As a result, there are no new projects to be considered for State Seaport/Intermodal funding. The 2012 Florida Legislature passed significant funding for Seaport and Intermodal projects and the legislation was signed into law by the Governor. A summary of the legislation is attached in the Appendix. Community Outreach Overview The community outreach objective was to facilitate a public engagement process for determining whether to proceed with a Phase 2 to do an actual Master Plan Update. The Phase 1 Collaborative Opportunities Analysis focused upon getting a "yes" or "no" answer from the public. The community outreach strategy was first to identify a full spectrum of key community stakeholders in various categories including the general public, government, education and business, and then to engage some of them in conversation about the Port of Fort Pierce. The purpose was to find out if they or their constituents were interested in engaging in a larger community -wide master planning process to explore potential additional uses at the Port. The community outreach and engagement process was designed to be broad -based and inclusive. Some 48 discussions and meetings as well as four community meetings were conducted during the Phase I process. The study team contacted local groups and individuals about Phase I. Some groups invited the team to participate in meetings they set up, which significantly increased the reach to more individuals with a cross section of views, than the team would have gotten from individual interviews. Attachment A, Pg 1 of 3 A Port of Fort Pierce Collaborative Analysis "Fact Sheet" and "Questionnaire' was developed to ensure that a consistent and impartial message was being conveyed to the public. This provided the public with straightforward information about the Phase I process, scope and intent. By disseminating this information at numerous locations, electronically via e-mail, and posting it on both the City of Ft. Pierce and St. Lucie County websites, the volume of community members engaged in the process was substantially increased. Market Overview Strategic investment of State Seaport and Intermodal funds is focused on investments that support an overall State of Florida plan to intercept Florida -borne trade that is shipped through Non -Florida Ports, attract New Trade to the State, and in the case of Ft. Pierce and other small Ports to support the State's large Ports by keeping trade in the State that may be relocated due to the influx of major shippers at the large Ports. These include: • Mega yacht facility could offer dry-docking and servicing support services • Enhance the port to expand trade within the Caribbean Basin. Opportunities for growth may come from other Florida ports not having the space or facilities to accommodate smaller operators. • Better rail connectivity to the FEC would enhance the port's operations and potential new markets and expansion, e.g., Cuba, Bahamas. Port of Fort Pierce is ideal for railcar on ferry. • Expand Wal-Mart Distribution Center, Fort Pierce and the Caribbean • Utilize Freeport to Fort Pierce to distribution center utilizing FEC rail • Capitalize on domestic shipping/short-sea shipping • Opportunities to accommodate shuttle ocean service to/from transshipment points, e.g., Freeport or new markets, e.g., Cuba linking into Wal-Mart Distribution Center (Fort Pierce), CVS Caremark Distribution Center (Vero Beach) and Tropicana Products Inc. (Fort Pierce). Capital Improvements Needed to Achieve Key Goals • Land acquisition o New Port entrance in design stage • Infrastructure construction Spheres of Influence • Hinterland served: St. Lucie, Indian River, Okeechobee, Highlands, Hendry, Glades and Martin Counties • Trading partners: Caribbean basin, Bahamas, Far East and Europe Potential Action Items for Consideration • Continue lobbying U.S. Army Corps of Engineers to provide regular maintenance dre, ging of the harbor channel to its original depth of 28' enabling the Port of Fort Pierce to be more active and be recognized by the U.S. Government as a viable component of the national transportation system. Inform the Corp. that the Port is constrcuting the final Phase of the Taylor Creek Attachment A, Pg 2 of 3 project, construction of a core roadway, utilities and drainage project is fully funded and programmed for construction in FY 2012-2013 and the Port has actively engaged the Community in developing a new strategic plan gered towards economic development and mixed maritime uses. Continue efforts to develop and attract land for mega -yacht use. Niche shipping can be viewed as compatible with marina, mega -yacht, and boat works operations, so advancement of both the former and the latter activities could prove harmonious and complimentary while also furnishing the benefits of diversity in revenue streams. Establish the Port of Ft. Pierce as a niche shipping port. While the bigger east coast ports will pick up large volumes of cargo, the Port of Ft. Pierce stands to.gain from small vessels being squeezed out of these ports; expand capacity at the Port to serve appropriate size clean container, break bulk, and bulk markets; focus on more regional cargo activities, including intrastate and interstate waterborne transportation and traditional maritime markets, such as the Caribbean Basin. Enhance the new Florida Maritime Training Academy for Merchant Mariners located in the Port of Fort Pierce and seek to develop the facility into a true statewide/international maritime training center in collaboration with Indian River State College and other international trade and logistics career academies and programs established for high school, vocational and advanced - degree students. Collaboration on this effort should consider expansion and inclusion of the Aviation program already in place. Encourage domestic shipping, marine highway and short -sea shipping, as the Port of Fort Pierce is in a prime location; improve landside connectivity to airports, seaports, and rail terminals; develop and maintain high -capacity, long-distance rail, water and truck corridors. The Port is in a position to contribute significantly to the regional transportation system and facilitate distribution to inland logistics centers as a spoke to connect intermodal transportation links. Expand on Freeport to Fort Pierce trade by enabling Distribution Centers to utilize the FEC rail, road and airport connections; maintain and enhance regional distribution networks by working with the public and private sector to attract more distribution centers such as Home Depot, Dollar Tree, Target, Pier 1, and Ikea to service domestic and international trade. Continue commitment to provide infrastructure for land to be developed for mixed marine _ recreation, marine commercial, and marine industrial uses and support and pursue acquisition of new waterfront land swaps or inland locations for the redevelopment of seaport operations for the Port of Fort Pierce; adopt land use plans supporting both freight -intensive activities and environmental stewardship. In summation, a deepwater port is a genuine asset, and the Port of Fort Pierce has numerous opportunities to advance toward achieving its full potential as one of Florida's deepwater ports. The City of Ft. Pierce Urban Core is in its infancy as a great urban space that can be enhanced by increased activities at the Port but good urban design applications need to be outlined so they blend together well and support each other. Pursuit of such bodes to bring well -paying jobs and other economic benefits to the Port of Ft. Pierce, City of Ft. Pierce, St. Lucie County and the Treasure Coast region as a whole. Of paramount importance is a pledge that all who are connected with this effort share in cherishing the treasured waters of the Indian River Lagoon and recognize the importance of ensuring that, as the Port of Fort Pierce finds its lucrative niche in Florida's No. 1 industry of international trade, development must not come at the expense of the County's natural resources. A core commitment of this effort is dedication to environmental stewardship to safeguard the Lagoon for fish and for families. Attachment A, Pg 3 of 3 El RESOLUTION NO. 12-001 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO CONDUCT A PRELIMINARY ASSESSMENT AND UPDATE TO THE PORT MASTER PLAN; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Port Master Plan has not been updated in nearly ten years, and updating the Port Master Plan will allow the County and the City of Fort Pierce to identify and evaluate opportunities for economic development. 2. The State of Florida has identified possibilities for smaller ports to contribute significantly to the regional and state-wide transportation system. 3. The Florida Department of Transportation (FDOT) has offered technical and financial assistance to evaluate opportunities at the Port of Fort Pierce and to update the Port Master Plan. 4. Updating the Port Master Plan will further the goals, objectives, and policies of the recently approved 2035 Regional Long Range Transportation Plan (RLRTP) and will assist in developing a strategic plan pursuant to Section 311.14(3) Florida Statutes. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Section 1. The Board requests the Florida Department of Transportation (FDOT to conduct a preliminary assessment (Phase 1) of the Port of Fort Pierce. Section 2. The Board hereby requests the Florida Department of Transportation (FDOT) to update the Port Master Plan and assist in developing a strategic plan as set out above (Phase 11). Section 3. This resolution shall be effective on the date of adoption. After motion and second, the vote on this resolution was as follows: Chairman Chris Dzadovsky AYE Vice Chairman Tod Mowery AYE Commissioner Chris Craft AYE Commissioner Paula A. Lewis AYE Commissioner Frannie Hutchinson AYE Attachment C, Pg 1 of 2 PASSED AND DULY ADOPTED this 7th 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 Attachment C, Pg 2 of 2 MOSQUITO CONTROL DISTRICT MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stlucieco.org l�Ifl�lll`iiliilll�Ii1111iIi�111tlI111iiflifi111IIIIiiffllilltl�fi111I7i�f11Ii11110iII�IillfiifitlilllliiflffllliYyllili0i11ilfili1f11iilhif111111�11�0(fiiffiiOflffffhlliliiltilliliilllilil�tflif(Itlfilllliftl Tod Mowery, Chairman District No. 2 Paula A. Lewis, Vice Chair District No. 3 Frannie Hutchinson District No. 4 Chris Craft District No. 5 III�I�ffillfllllfi�llilllliflflli'liiliffiiil'Illfil�filil'Ii11�1111�1it1ifi11i�1�flfillfll�hifflli�lliiflifllliftlf��ifllliflfn'flfYifllllliiff111161Iti�f�hllfifffliififflliiflll'�flilfttlii1f11111iif��II11IIlI�f�fflll MINUTES Approve the minutes from the June 19, 2012 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 38, 40, 41 and 42. B. MOSQUITO CONTROL & COASTAL MANAGEMENT SERVICES Donation from Frances K. Sweet Magnet School Consider staff recommendation to accept $500 donation from Frances K. Sweet Magnet School for use on sea turtle projects, approval of Budget Resolution No. 12-003 and authorize the Chairman to sign the resolution, 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. MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 19, 2012 Convened: 9:56 a.m. Adjourned: 9:57 a.m. Commissioners Present: Chairman, Tod Mowery, Paula A. Lewis, Chris Craft, Frannie Hutchinson Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Mark Safterlee, Planning and Development Director, Marie Gouin, OMB Director, Don West, Public Works Director, Millie Delgado -Feliciano, Deputy Clerk MINUTES Approve the minutes from the May 15, 2012 meeting. It was moved by Com. Craft, seconded by Com. Hutchinson, to approve the minutes of the meeting held May 15, 2012, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT III, CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Lewis, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 33, 34, 35, 36 and 37. The District approved Warrant List Nos. 33,34,35,36 and 37. There being no further business to be brought before the District, the meeting was adjourned. Chairman Clerk of the Circuit Court OG/22/12 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #38- 16-JUN-2012 TO 22-JUN-2012 FUND SUMMARY- MOSQUITO FUN❑ TITLE EXPENSES 145 Mosquito Fund 6,714.89 GRAND TOTAL: 6,714.89 PAGE 1 PAYROLL 35,719.51 35,719.51 06/29/12 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #40- 23-JUN-2012 TO 29-JUN-2012 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 5B3,604.46 145126 Blind Creek Marsh and Restoration P 1,159.10 GRAND TOTAL: 584,763.56 PAGE 1 PAYROLL 0.00 0.00 0.00 07/06/12 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #41- 30-JUN-2012 TO 06-JUL-2012 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 82,422.53 33,394.98 GRAND TOTAL: 82,422.53 33,394.98 NOEr k_ ITEM NO. III-B y DATE: 07/17/12 AGENDA REQUEST REGULARItz ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: MOSQUITO CONTROL BOARD PRESENTED BY: James David SUBMITTED BY: Mosquito Control & Coastal Management Director Services SUBJECT: Donation from Frances K. Sweet Magnet School BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 145-6230-366900-6916 Donations PREVIOUS ACTION: N/A RECOMMENDATION: Board acceptance of $500 donation from Frances K. Sweet Magnet School for use on sea turtle projects, approval of Budget Resolution 12-003 and authorization for Chairman to sign the resolution, as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) OTHER ( ) DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney ( )" OMB/Purchasing (�) Director Budget Analyst Originating Dept. ( j�) Daniel S. McIntyre �leatlaeu' Y-ee+�g JamPs-R. David Other ( ) �I IP'L Marie Gouin Patty Marston Mosquito Control TO: Mosquito Control Board FROM: James R. David, Mosquito Control & Coastal Management Services Director JA-1 DATE: June 22, 2012 SUBJECT: Donation from Frances K. Sweet Magnet School ITEM NO. III-B Background: The Frances K. Sweet Magnet School has donated $500 towards County sea turtle projects. The funds are proposed to be used for informational and beach clean-up materials. Recommendation Board acceptance of a $500 donation from Frances K. Sweet Magnet School for use on sea turtle projects, approval of Budget Resolution 12-003 and authorization for Chairman to sign the resolution, as approved by the County Attorney. RESOLUTION NO. 12-003 WHEREAS, subsequent to the adoption of the St. Lucie County Mosquito Control District budget, certain funds not anticipated at the time of adoption of the budget have become available from the Francis K. Sweet Magnet School, as a donation in the amount of $500, as funding for use on sea turtle projects.. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Mosquito Control District board to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Mosquito Control District of St. Lucie County, Florida, in meeting assembled this 17th day of July, 2012, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2011-2012, and the Mosquito Control District's budget is hereby amended as follows: REVENUE 145-6230-366900-6916 Donations $500 APPROPRIATIONS 145-6230-546300-6916 Grounds Maintenance $250 145-6230-547000-6916 Printing & Binding $260 After motion and second the vote on this resolution was as follows: Commissioner Tod Mowery, Chairman XXX Commissioner Paula Lewis, Vice Chairman XXX Commissioner Chris Dzadovsky XXX Commissioner Frannie Hutchinson XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED THIS 17TH DAY OF JULY 2012. ATTEST: MOSQUITO CONTROL DISTRICT ST LUCIE COUNTY, FLORIDA ME CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTYATTORNEY EROSION DISTRICT EROSION DISTRICT www.co.st-lucie.fl.us www.stiucieco.orq Frannie Hutchinson, Chair Tod Mowery, Vice Chairman Paula A. Lewis Chris Craft MINUTES Approve the minutes from the June 19, 2012 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 38, 40, 41 and 42. District No. 4 District No. 2 District No. 3 District No. 5 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 TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT ST.LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 19, 2012 Convened: 9:55 a.m. Adjourned: 9:56 a.m. Commissioners Present: Chairperson, Frannie Hutchinson, Paula A. Lewis, Chris Craft, Tod Mowery Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Mark Satterlee, Planning/Development Director, Don West, Public Works Director, Marie Gouin, OMB Director, Richard Bouchard, Erosion Coastal Manager, Millie Delgado -Feliciano, Deputy Clerk MINUTES Approve the minutes from the May 15, 2012 meeting. Approve the minutes from the June 5, 2012 meeting. It was moved by Com. Craft, seconded by Com. Lewis, to approve the minutes of the meeting held May 15, 2012 and June 5, 2012, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Mowery, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 33, 34, 35, 36 and 37. The District approved Warrant List Nos. 33,34,35,36 and 37. B. MOSQUITO CONTROL & COASTAL MANAGEMENT SERVICES Acceptance of a donation from the GASS Real Estate Holdings, LLC The District accepted a $2,000.00 donation from GASS Real Estate Holdings, LLC to the St. Lucie County Mosquito Control and Coastal Management Services Oyster Reef Restoration Program, approved Budget Resolution No. 12-003, and authorized the Chairman to sign documents as approved by the County Attorney. There being no further business to be brought before the District, the meeting was adjourned. Chairman Clerk of the Circuit Court 06/22/12 ST. LUCIE COUNTY - BOARD PAGE 1 FZASWARR WARRANT LIST $38- 16-JUN-2012 TO 22-SUN-2012 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 481.52 GRAND TOTAL: 481.52 PAYROLL 6,448.69 6,448.69 06/29/12 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #40- 23-JUN-2012 TO 29-JUN-2012 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 18,386.66 GRAND TOTAL: 18,386.66 I PAGE 1 PAYROLL 0.00 0.00 07/06/12 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #41- 30-JUN-2012 TO 06-JUL-2012 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 30,072.45 GRAND TOTAL: 30,072.45 PAGE 1 PAYROLL 6,448.69 6,448.69 ENVIRONMENTAL CONTROL BOARD www.co.st-lucie.fl.us www.stiucieco.org Chris Craft, Chairman District No. 5 Paula A. Lewis, Vice Chairman District No. 3 Tod Mowery District No. 2 Frannie Hutchinson District No. 4 IIIIItlilllilliO�lill�llllliill`'fitli(IIIliliili�liiiitll(fililyilifllll...... iii111IIIIIii...........111�ifiyiliifiillllll7iiililfiilifiliilllliiillillfflnfi�llili�Ilil�Ifll(IiillYlifinifilliflllllililifllt MINUTES Approve the minutes from the January 17, 2012 meeting. II. GENERAL PUBLIC COMMENT 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 TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ENVIRONMENTAL CONTROL BOARD ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 17, 2012 Convened: 10:07 a.m. Adjourned: 10:08 a.m. Commissioners Present: Chairman, Chris Craft, Tod Mowery, Chris Dzadovsky, Paula A. Lewis, Frannie Hutchinson Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Jim David, Mosquito Control Director, Millie Delgado -Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Hutchinson, seconded by Com. Dzadovsky, to approve the minutes from the December 20, 2011 meeting, 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 1 1, Oki Din SUSTAINABILITY DISTRICT www.co.st-lucie.fl.us www.stiucieco.org Paula A. Lewis, Chairman District No. 3 Chris Craft, Vice Chairman District No. 5 Tod Mowery District No. 2 Frannie Hutchinson District No. 4 MINUTES Approve the minutes from the July 3, 2012 meeting. IL GENERAL PUBLIC COMMENT 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. SUSTAINABILITY DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: July 3, 2012 Convened: 7:31 p.m. Adjourned: 7:32 p.m. Commissioners Present: Chairperson, Paula A. Lewis, Frannie Hutchinson, Tod Mowery, Chris Craft Others Present: Faye Outlaw, County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Mark Satterlee, Planning/Development Director, Millie Delgado - Feliciano, Deputy Clerk, Kelly Phelan, Deputy Clerk 1. MINUTES It was moved by Com. Hutchinson, seconded by Com. Mowery, to approve the minutes of the meeting held January 17, 2012, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENT None CONSENTAGENDA It was moved by Com. Craft, seconded by Com. Mowery, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. COUNTYATTORNEY Resolution No. 12-001 The District approved Resolution No. 12-001 a resolution financing the Energy Efficiency and Renewal Energy Improvements and authorized the Chairman to sign the resolution. B. COUNTYATTORNEY Resolution No. 12-002 The District approved Resolution No. 12-002 a resolution establishing an Administrative Fee Pertaining to Sustainability Special Assessment Programs and authorized the Chairman to sign the resolution. There being no further business to be brought before the District, the meeting was adjourned. Chairman Clerk of the Circuit Court