1/26/16 BCC Final Agenda Page 1 of 5 BOARD OF COUNTY COMMISSIONERS AGENDA FINAL AGENDA 1/26/2016 9:00:00 AM This meeting will follow the 9:00 AM Joint Mtg w/the City Commissioners & School Board REGULAR MEETING MARTIN COUNTY COMMISSION CHAMBERS 2401 SE MONTEREY ROAD, STUART, FLORIDA 34996 COUNTY COMMISSIONERS Anne Scott, Chair John Haddox, Vice Chairman Doug Smith Ed Fielding Sarah Heard Taryn Kryzda, County Administrator Michael D. Durham, County Attorney Carolyn Timmann, Clerk of the Circuit Court and Comptroller PRESETS 3A Public 9:05 AM 8C3 Consider Approval of Contract for the Bathtub Beach/Sailfish Point Beach Project And Amendment of the Projects CIP Sheet 11:45 AM 2A Present Proclamations Previously Approved via the Consent Agenda 1:30 PM 8A4 Executive Session Labor Negotiations 1:35 PM 8A3 Public Facility Analysis 2:30 PM 8B1 Request for Private Attorney-Client Session Concerning the Case of Midbrook 1st Realty Corporation v. Martin County, Administration Commission Case No. ACC-15-002, DOAH CASE NOS. 13-3397GM and 14-0135GM 3:30 PM 10 Public 5:05 PM 1. CALL TO ORDER A. INVOCATION Minister Leonard Webb, Associate Minister of Mount Calvary Missionary Baptist Church B. PLEDGE OF ALLEGIANCE C. ADDITIONAL ITEMS D. APPROVAL OF AGENDA E. APPROVAL OF CONSENT AGENDA NOTE: Consent Agenda items are considered routine and are enacted by one motion and will have no action noted, but the "Recommendation" as it appears on the Board item is the approved action. 2. PROCLAMATIONS, SPECIAL PRESENTATIONS, AND LEGISLATIVE AFFAIRS 1 of 824 1/26/16 BCC Final Agenda Page 2 of 5 A. PRESENT PROCLAMATIONS PREVIOUSLY APPROVED VIA THE CONSENT AGENDA The Chair will present the proclamation to the recipients. AGENDA ITEM: 807248f8 1:30 PM PRESET 3. COMMENTS A. PUBLIC - PLEASE LIMIT COMMENTS TO THREE MINUTES. 9:05 AM PRESET B. COMMISSIONERS C. COUNTY ADMINISTRATOR 4. CONSENT A. CLERK OF THE CIRCUIT COURT 1. December 3, 2015 Stuart/BCC Joint Meeting Minutes. 2. December 8, 2015 BCC Regular Meeting Minutes. 3. December 15, 2015 Stuart/BCC Joint Meeting Minutes. 4. December 15, 2015 BCC Regular Meeting Minutes. B. Department of Administration 1. ITEMS RELATED TO CONSTRUCTION AND CONSULTANT COMPETITIVE NEGOTIATION ACT (CCNA) PROCUREMENTS WHICH MEET THE THRESHOLD FOR BOARD APPROVAL This item is a placeholder on all Board meeting agendas in an effort to streamline the process for items that meet the Board approval threshold. Specific items requiring approval, if any, will be provided by Supplemental Memorandum. If there are no items, a Supplemental Memorandum will not be attached. AGENDA ITEM: 8071c241 2. NOTED ITEMS Noted items are documents for the Boards information that must be a part of the record but do not require any action. AGENDA ITEM: 8071c242 3. ADOPT A PROCLAMATION COMMENDING THE TREASURE COAST YOUTH IN GOVERNMENT CHAPTER IN MARTIN COUNTY, FLORIDA Youth in Government is an outreach program of the YMCA developing participating citizenship skills in area youth in cooperation with the Martin County School District. AGENDA ITEM: 80733873 4. MOVING THE MARTIN COUNTY LAW LIBRARY FROM THE CURRENT COURTHOUSE LOCATION TO THE BLAKE LIBRARY Martin County created the Martin County Law Library in 1992. Since inception, the law library has been located in the Peter Cheney Courthouse Complex. Staff is requesting to relocate the law library to the main library, at the Blake. AGENDA ITEM: 807343aa 5. ADOPT A PROCLAMATION DECLARING ARTS MONTH IN MARTIN COUNTY, FLORIDA Martin Arts Month brings together a diverse cross-section of arts and culture programs from organizations throughout the county for a month long celebration of the arts. AGENDA ITEM: 8073f0b1 ADDITIONAL ITEM 2 of 824 1/26/16 BCC Final Agenda Page 3 of 5 6. ADOPT A PROCLAMATION DECLARING 2-1-1 AWARENESS WEEK IN MARTIN COUNTY, FLORIDA Each year the Board recognizes the work of the 2-1-1 Palm Beach / Treasure Coast Service Center. AGENDA ITEM: 8073f4fc ADDITIONAL ITEM 7. ADOPT A PROCLAMATION DECLARING THROUGH WITH THE CHEW WEEK IN MARTIN COUNTY, FLORIDA Commissioner Smith received a request for this proclamation. AGENDA ITEM: 8073f392 ADDITIONAL ITEM C. Utilities and Solid Waste 1. INITIAL ASSESSMENT RESOLUTION FOR THE FERN CREEK SUBDIVISION WATER MAIN MUNICIPAL SERVICE BENEFIT UNIT Board action is requested to adopt the initial assessment resolution for the Fern Creek Subdivision Water Main Municipal Service Benefit Unit. AGENDA ITEM: 80735955 5. BOARD AND COMMITTEE APPOINTMENTS - None at this time. 6. PUBLIC HEARINGS A. PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING ARTICLE 9 AND 10, LAND DEVELOPMENT REGULATIONS TO INCLUDE DISCLOSURE REQUIREMENTS AND OTHER REVISIONS Todays public hearing is for the County Commission to consider an ordinance to amend Article 9, Decision-making and Article 10, Development Review Procedures, Land Development Regulations to incorporate disclosure requirements for those persons or entities having an interest in a development application and to consider other revisions including but not limited to notification, thresholds, staff review time frames and expedited review for some county projects. AGENDA ITEM: 80723724 CONTINUED FROM 11/24/2015 B. PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING CHAPTER 1 OF THE GENERAL CODE OF LAWS AND ORDINANCES Todays public hearing is to consider amendments to Chapter 1 General Code of Ordinances, Martin County Code to include disclosure requirements and to amend the Countys legal description based on the addition of the Beau Rivage neighborhood to Martin County in 2014. AGENDA ITEM: 80723722 CONTINUED FROM 11/24/2015 7. REQUESTS AND PRESENTATIONS - None at this time. 8. DEPARTMENTAL A. Department of Administration 1. OFFICE OF MANAGEMENT AND BUDGET ITEMS WHICH REQUIRE BOARD APPROVAL This is a placeholder on all Board meeting agendas in an effort to streamline the process for grant applications, awards, budget resolutions, budget transfers from reserves, and CIP amendments. Specific items requiring approval, if any, will be provided by Supplemental Memorandum. AGENDA ITEM: 8071c1eb SUPPLEMENTAL MEMO 9 items 3 of 824 1/26/16 BCC Final Agenda Page 4 of 5 2. HEAR A BRIEF PRESENTATION AND REVIEW OF THE KITCHING CREEK RESTORATION PROJECT On November 12, 2015 the Board participated in the celebration ribbon cutting of the Kitching Creek Restoration Project in south Martin County. The project restored property used as a commercial composting operation to a wetlands habitat that is part of a regional restoration effort for the Loxahatchee River. Commissioner Sarah Heard has requested the opportunity for the public to become better informed about this project. AGENDA ITEM: 80738afb 3. PUBLIC FACILITY ANALYSIS The Board has adopted a strategic goal that includes an analysis of the Countys facilities, real estate holdings and property management policies and procedures. To this end, the Board authorized completion of a study by CBRE. The study is complete and the report is provided for the Boards review and further direction. AGENDA ITEM: 80723f11 2:30 PM PRESET 4. EXECUTIVE SESSION LABOR NEGOTIATIONS Staff is requesting an executive session to discuss labor negotiations with the IAFF Union. AGENDA ITEM: 806fe7c8 1:35 PM PRESET 5. HEAR A BRIEF LEGISLATIVE UPDATE AND PROVIDE DIRECTION AS NECESSARY This is a placeholder for the federal and state legislative update. The update will be provide via Supplemental Memorandum. AGENDA ITEM: 807304d7 SUPPLEMENTAL MEMO (to be distributed on Monday) B. County Attorney 1. REQUEST FOR PRIVATE ATTORNEY-CLIENT SESSION CONCERNING THE CASE OF MIDBROOK 1ST REALTY CORPORATION V. MARTIN COUNTY, ADMINISTRATION COMMISSION CASE NO. ACC-15-002, DOAH CASE NOS. 13-3397GM AND 14-0135GM The County Attorney intends to meet with the Board of County Commissioners and the County Administrator in a private attorney-client session, in accordance with Section 286.011(8), Florida Statutes, to obtain advice about settlement negotiations and/or strategy related to litigation expenditures in the case of Midbrook 1st Realty Corporation v Martin County, Administration Commission Case No. ACC-15-002, DOAH Case Nos. 13-3397GM and 14-0135GM. AGENDA ITEM: 80730e6f 3:30 PM PRESET 2. ALL ABOARD FLORIDA STATUS UPDATE AND REQUEST FOR DIRECTION ON HIRING LEGAL COUNSEL REGARDING ALL ABOARD FLORIDA (AAF) MATTERS, REQUEST FOR APPROVAL TO INITIATE LEGAL AND OTHER ACTION, IF NECESSARY, AND REQUEST APPROVAL TO TRANSFER NECESSARY FUNDS FOR PAYMENT OF LEGAL EXPENSES This Agenda Item Summary serves as a placeholder for an All Aboard Florida Status Update and request for direction on hiring legal counsel regarding All Aboard Florida (AAF) matters, request for approval to initiate legal and other action, if necessary, and request approval to transfer necessary funds for payment of legal expenses. Specific items requiring approval will be provided by Supplemental Memorandum. AGENDA ITEM: 80737eed SUPPLEMENTAL MEMO Request to withdraw item. 4 of 824 1/26/16 BCC Final Agenda Page 5 of 5 C. Engineering 1. APPROVAL OF A SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL WITH THE TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND (TIITF) AT INDIAN RIVERSIDE PARK Request for approval of a Sovereignty Submerged Lands Fee Waived Lease Renewal with TIITF for state submerged lands within the Indian River to operate a docking facility to be used for mooring of recreational vessels at Indian RiverSide Park. AGENDA ITEM: 8072dd8f 2. ADOPTION OF A RESOLUTION ACCEPTING AND APPROVING A SOVEREIGNTY SUBMERGED LANDS EASEMENT FROM THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND (TIITF) Request adoption of a resolution accepting and approving a Sovereignty Submerged Lands Easement with TIITF for borrow areas for a beach renourishment projects at Bathtub Beach and Sailfish Point Beach. AGENDA ITEM: 807356a4 3. CONSIDER APPROVAL OF CONTRACT FOR THE BATHTUB BEACH/SAILFISH POINT BEACH PROJECT AND AMENDMENT OF THE PROJECTS CIP SHEET The Board is requested to approve the execution of a contract for the construction of the Bathtub Beach Sailfish Point Beach Restoration Project to amend the projects CIP sheet and approve the Budget Resolution for such project. AGENDA ITEM: 80741c8b 11:45 AM PRESET ADDITIONAL ITEM 9. WORKSHOP - None at this time. 10.COMMISSIONERS - None at this time. 11.PUBLIC - TO BE HEARD AT 5:05 P.M. PLEASE LIMIT COMMENTS TO THREE MINUTES. 12.ADJOURN 5 of 824 807248f8 2A BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: PROCLAMATIONS, SPECIAL PRESENTATIONS, AND LEGISLATIVE AFFAIRS PRESET: 1:30 PM TITLE: PRESENT PROCLAMATIONS PREVIOUSLY APPROVED VIA THE CONSENT AGENDA AGENDA ITEM DATES: MEETING DATE: 1/26/2016 COUNTY ATTORNEY: 1/4/2016 COMPLETED DATE: 1/14/2016 ASSISTANT COUNTY ADMINISTRATOR: 1/11/2016 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Department of Administration Department of Administration David Graham Name: Director of Administration Procedures: None EXECUTIVE SUMMARY: The Chair will present the proclamation to the recipients. APPROVAL: CA BACKGROUND/RELATED STRATEGIC GOAL: Present a proclamation congratulating Mount Calvary Missionary Baptist Church upon the occasion of their 100th Anniversary in Martin County, Florida. Recipient: Deacon Jeanette Kornegay, Trustee Verne Moore, and Sister Faye James. 6 of 824 807248f8 Present a proclamation declaring Earned Income Tax Credit Awareness Day in Martin County, Florida. Recipient: Jim Vojcsik, President/CEO, United Way of Martin County. Present a proclamation declaring 4H Week in Martin County, Florida. Recipient(s): Jeffrey Gellermann, Martin County Extension Director and Evan Beaver & Nick Mills, Youth Presenters. ISSUES: N/A LEGAL SUFFICIENCY REVIEW: N/A RECOMMENDED ACTION: RECOMMENDATION Present the proclamations. ALTERNATIVE RECOMMENDATIONS Per Board direction. FISCAL IMPACT: RECOMMENDATION N/A ALTERNATIVE RECOMMENDATIONS N/A DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA _ ACA _ LEG 7 of 824 8071c241 4B1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: CONSENT PRESET: TITLE: ITEMS RELATED TO CONSTRUCTION AND CONSULTANT COMPETITIVE NEGOTIATION ACT (CCNA) PROCUREMENTS WHICH MEET THE THRESHOLD FOR BOARD APPROVAL AGENDA ITEM DATES: MEETING DATE: 1/26/2016 COUNTY ATTORNEY: 1/4/2016 COMPLETED DATE: 1/14/2016 ASSISTANT COUNTY ADMINISTRATOR: 1/11/2016 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Various Department of Administration Nicole Carey Name: Purchasing Manager Procedures: None EXECUTIVE SUMMARY: This item is a placeholder on all Board meeting agendas in an effort to streamline the process for items that meet the Board approval threshold. Specific items requiring approval, if any, will be provided by Supplemental Memorandum. If there are no items, a Supplemental Memorandum will not be attached. APPROVAL: ACA CA BACKGROUND/RELATED STRATEGIC GOAL: 8 of 824 8071c241 This item serves as a placeholder for items that meet the threshold for Board approval for: (a) construction contracts valued at $1,000,000 or greater, (b) Consultant Competitive Negotiations Act (CCNA) contracts valued at $200,000 or greater, and (c) contract change orders or amendments that meet the thresholds above and cumulatively increase the original contract value by 10 percent or more. In accordance with the Martin County Purchasing Manual, Section 17.5.1 and Section 19.3.B, approved by the Board on December 4, 2012, contracts and change orders that are to be awarded by the Board will be presented to the Board on the Consent Agenda on their regularly scheduled meetings. ISSUES: None. LEGAL SUFFICIENCY REVIEW: Items requiring approval provided via Supplemental Memorandum. RECOMMENDED ACTION: RECOMMENDATION Provided by Supplemental Memorandum. ALTERNATIVE RECOMMENDATIONS Pull this item from the Consent Agenda. FISCAL IMPACT: RECOMMENDATION Provided by Supplemental Memorandum. No items will be brought forward unless there is funding available within the CIP, department budget, or reserves. ALTERNATIVE RECOMMENDATIONS None. DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA _ LEG 9 of 824 8071c242 4B2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: CONSENT PRESET: TITLE: NOTED ITEMS AGENDA ITEM DATES: MEETING DATE: 1/26/2016 COUNTY ATTORNEY: 1/4/2016 COMPLETED DATE: 1/14/2016 ASSISTANT COUNTY ADMINISTRATOR: 1/11/2016 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Department of Administration Susan Lawton, Executive Aide Name: Donna Gordon, Executive Aide Procedures: None EXECUTIVE SUMMARY: Noted items are documents for the Boards information that must be a part of the record but do not require any action. APPROVAL: ACA CA BACKGROUND/RELATED STRATEGIC GOAL: 1. Approved Minutes and Packet of the September 17, 2015 Local Planning Agency Meeting. 2. Approved Minutes and Packet of the October 15, 2015 Local Planning Agency Meeting. 3. Approved Minutes and Packet of the November 5, 2015 Local Planning Agency Meeting. 10 of 824 8071c242 4. Martin County Probation, Inc. Misdemeanor Probation Program Report for the Month of October 2015. 5. Martin County Probation, Inc. Misdemeanor Probation Program Report for the Month of November 2015. 6. Approved Minutes of the September 23, 2015 Construction Industry Licensing Board Meeting. 7. Approved Minutes of the October 28, 2015 Construction Industry Licensing Board Meeting. 8. Approved Minutes of the June 4, 2015 Emergency Medical Services Advisory Council Meeting. 9. Approved Minutes of the September 9, 2015 Golf Course Advisory Committee Meeting. 10. Approved Minutes of the October 7, 2015 Golf Course Advisory Committee Meeting. 11. Approved Minutes of the September 17, 2015 Parks and Recreation Advisory Board Meeting. 12. Approved Minutes of the October 15, 2015 Parks and Recreation Advisory Board Meeting. 13. Approved Minutes of the October 9, 2015 Public Safety Coordinating Council Meeting. ISSUES: None. LEGAL SUFFICIENCY REVIEW: N/A RECOMMENDED ACTION: RECOMMENDATION Move that the Board note these items on the agenda that were obtained from Commission Records on December 30, 2015. ALTERNATIVE RECOMMENDATIONS N/A FISCAL IMPACT: RECOMMENDATION N/A ALTERNATIVE RECOMMENDATIONS N/A DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA _ LEG 11 of 824 80733873 4B3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: CONSENT PRESET: TITLE: ADOPT A PROCLAMATION COMMENDING THE TREASURE COAST YOUTH IN GOVERNMENT CHAPTER IN MARTIN COUNTY, FLORIDA AGENDA ITEM DATES: MEETING DATE: 1/26/2016 COUNTY ATTORNEY: 1/4/2016 COMPLETED DATE: 1/14/2016 ASSISTANT COUNTY ADMINISTRATOR: 1/11/2016 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Taryn Kryzda, County Administrator Department of Administration David Graham Name: Director of Administration Procedures: None EXECUTIVE SUMMARY: Youth in Government is an outreach program of the YMCA developing participating citizenship skills in area youth in cooperation with the Martin County School District. APPROVAL: CA BACKGROUND/RELATED STRATEGIC GOAL: N/A 12 of 824 80733873 ISSUES: N/A LEGAL SUFFICIENCY REVIEW: N/A RECOMMENDED ACTION: RECOMMENDATION Move that the Board adopt the proclamation. ALTERNATIVE RECOMMENDATIONS Pull this item from the Consent Agenda. Per Board direction. FISCAL IMPACT: RECOMMENDATION N/A ALTERNATIVE RECOMMENDATIONS N/A DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA _ ACA _ LEG 13 of 824 Before the Board of County Commissioners Martin County, Florida A Proclamation Commending the Treasure Coast Youth in Government Chapter in Martin County, Florida Whereas, in 1936, the founder of Youth in Government cited the principle that In order to lead, you must first learn to serve; and Whereas, this principle was taught by word and example by Stella Boland of Sewalls Point, founder of the Treasure Coast Chapter of Youth in Government; and Whereas, the Youth in Government Assembly, begun at South Fork High School, now includes Martin County High School, offering student delegates the opportunity to participate in a full-scale model of government as members of the Legislative and Judicial Branches, the press, and more; and Whereas, through the lessons of the Youth in Government program, many young people in Martin County have risen to positions of leadership, from service in the United States Congress and the Florida Legislature, to hosting radio talk show debates, as members of the Bar, and in many other diverse positions of leadership and community service; and Whereas, the Treasure Coast Youth in Government challenges adult leaders by their assertion that our partisan divide exists only between the engaged and the apathetic providing by their actions real examples of engaged leadership. Now, therefore, be it proclaimed by the Martin County Board of County Commissioners that the students and adult volunteers of the Treasure Coast Youth in Government Chapter are commended for their efforts to further participating citizenship in our communitys youth population. Presented this Ninth Day of February 2016 ATTEST: BOARD OF COUNTY COMMISSIONERS ______________________________________ ___________________________________________ CAROLYN TIMMANN, CLERK OF THE ANNE SCOTT, CHAIR CIRCUIT COURT AND COMPTROLLER ___________________________________________ JOHN HADDOX, VICE CHAIR ___________________________________________ DOUG SMITH, COMMISSIONER ___________________________________________ ED FIELDING, COMMISSIONER ___________________________________________ SARAH HEARD, COMMISSIONER 14 of 824 807343aa 4B4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: CONSENT PRESET: TITLE: MOVING THE MARTIN COUNTY LAW LIBRARY FROM THE CURRENT COURTHOUSE LOCATION TO THE BLAKE LIBRARY AGENDA ITEM DATES: MEETING DATE: 1/26/2016 COUNTY ATTORNEY: 1/4/2016 COMPLETED DATE: 1/14/2016 ASSISTANT COUNTY ADMINISTRATOR: 1/11/2016 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Department of Administration Taryn Kryzda Name: County Administrator Procedures: None EXECUTIVE SUMMARY: Martin County created the Martin County Law Library in 1992. Since inception, the law library has been located in the Peter Cheney Courthouse Complex. Staff is requesting to relocate the law library to the main library, at the Blake. APPROVAL: ADM ACA CA BACKGROUND/RELATED STRATEGIC GOAL: 15 of 824 807343aa Florida Statute 939.185 allows the Board of County Commissioners (Board) to adopt an ordinance to impose a fee of $65.00 when a person pleads guilty or nolo contendere to, or is found guilty of, or adjudicated delinquent for, any felony, misdemeanor, delinquent act, or traffic offense under the laws of the state. This fee is an assessment of additional court costs and surcharges. The monies collected are broken into four, twenty-five percent allocations: 1) to fund court innovations to supplement the state funding for elements of the court, 2) to assist legal aid programs as defined in the statute, 3) to allocate funding for personnel and legal materials for the public as part of a law library, and 4) to use as determined by the Board for support of teen court programs, juvenile assessment centers, and other juvenile alternative programs. The Board created the Martin County Law Library via ordinance in 1992. When created, it was determined and codified that the law library would be located in appropriate quarters in the Martin County Courthouse, or if no such quarters are reasonably available, in such location as designated by the Board of County Commissioners. Since 1992, the use of the materials for the law library has changed significantly. Also, with the $65 fee mentioned above being split four ways, the amount of funds collected for the law library has reduced over time. Last year, the county collected $54,060 which funds a part time position to manage the law library and provide material updates. County staff believes that moving the law library to the Blake, the main library for the county, will provide greater access to the residents of the county. Presently, due to the limited amount of monies collected, the law library located within the courthouse, on the fourth floor of the east wing, is only open three hours each day, alternating between mornings and afternoons. By moving the materials and part-time staff to the Blake, staff will be crossed trained to assist those in need, and the hours will be expanded to co-inside with the existing hours, providing more than eight hours of availability every day (including evenings) except for Sunday. Within the ordinance the Board adopted to establish the law library, was a provision to establish a Law Library Committee. This committee, which includes the Chief Judge, took action at their last meeting to approve the moving of the law library from the current location to a location at the Blake. The formal request from the committee was that there would not be any loss of personnel assigned to the law library. By moving the law library to the Blake, there will actually be an increase of assigned staff, not a reduction, so their request will be fulfilled. Staff has identified an area within the center of the Blake as a specific designated area, where the current materials will be located, providing tables for the existing computers for access and printing capabilities for individuals wanting to print court related forms. Moving the law library to the Blake will provide a greater service to the residents that need to do research or are in need of information relative to their ability to seek legal information. The law library was storing materials for attorneys to obtain educational materials they could utilize to maintain their continued legal education, the Clerk of Circuit Courts and Comptroller will keep that material at the courthouse for immediate accessibility. ISSUES: None. 16 of 824 807343aa LEGAL SUFFICIENCY REVIEW: n/a RECOMMENDED ACTION: RECOMMENDATION Move that the Board approve moving the function of the existing Law Library from the location at the Peter Cheney Courthouse Complex to the Blake Library. ALTERNATIVE RECOMMENDATIONS Pull this item from the Consent Agenda. Move that the Board determine the law library should remain at the current location. FISCAL IMPACT: RECOMMENDATION For the FY16 budget, the anticipated monies from the fees collected will be expended to cover the part time law library staff. The county values having the law library materials available to the public, it is anticipated that there may be a monetary impact in FY17 as the part time position would be utilized full time at the Blake. Funding Source County Funds Non-County Funds Authorization General Fund $ 15,000 FY17 Budget Adoption Subtotal $ 15,000 Project Total $ 15,000 ALTERNATIVE RECOMMENDATIONS n/a DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance Resolution Other: ROUTING: X ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA _ LEG 17 of 824 8073f0b1 4B5 ADDITIONAL ITEM BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: CONSENT PRESET: TITLE: ADOPT A PROCLAMATION DECLARING ARTS MONTH IN MARTIN COUNTY, FLORIDA AGENDA ITEM DATES: MEETING DATE: 1/26/2016 COUNTY ATTORNEY: 1/4/2016 COMPLETED DATE: 1/14/2016 ASSISTANT COUNTY ADMINISTRATOR: 1/11/2016 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Martin County Tourist Development Council Department of Administration David Graham Name: Director of Administration Procedures: None EXECUTIVE SUMMARY: Martin Arts Month brings together a diverse cross-section of arts and culture programs from organizations throughout the county for a month long celebration of the arts. APPROVAL: CA BACKGROUND/RELATED STRATEGIC GOAL: N/A ISSUES: 18 of 824 8073f0b1 N/A LEGAL SUFFICIENCY REVIEW: N/A RECOMMENDED ACTION: RECOMMENDATION Move that the Board adopt the proclamation. ALTERNATIVE RECOMMENDATIONS Pull this item from the Consent Agenda. Per Board direction. FISCAL IMPACT: RECOMMENDATION N/A ALTERNATIVE RECOMMENDATIONS N/A DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA _ ACA _ LEG 19 of 824 Before the Board of County Commissioners Martin County, Florida A Proclamation Declaring Arts Month in Martin County, Florida Whereas, the mission of Arts Month is to celebrate and appreciate the important role the arts play in the vibrant life of Martin Countys residents and tourists; and Whereas, Martin Arts Month brings together a diverse cross-section of arts and culture programs from organizations throughout the county; and Whereas, events will be taking place throughout Martin County during the month of February showcasing galleries, arts, groups, museums, theatres, concerts, literary events, educational science activities, film, fashion, and festivals; and Whereas, the nonprofit arts sector contributed over $16.5 million to the Martin County economy; and Whereas, these events celebrate our artistic expression in all its forms and encourages and inspires the creativity of our residents resources and quality of life for future generations. Now, therefore, be it proclaimed by the Martin County Board of County Commissioners that February 2016 is Martin County Arts Month and calls upon all citizens to explore, celebrate, and participate in the arts and culture events taking place throughout the month of February in Martin County. Presented this Ninth Day of February 2016 ATTEST: BOARD OF COUNTY COMMISSIONERS ______________________________________ ___________________________________________ CAROLYN TIMMANN, CLERK OF THE ANNE SCOTT, CHAIR CIRCUIT COURT AND COMPTROLLER ___________________________________________ JOHN HADDOX, VICE CHAIR ___________________________________________ DOUG SMITH, COMMISSIONER ___________________________________________ ED FIELDING, COMMISSIONER ___________________________________________ SARAH HEARD, COMMISSIONER 20 of 824 8073f4fc 4B6 ADDITIONAL ITEM BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: CONSENT PRESET: TITLE: ADOPT A PROCLAMATION DECLARING 2-1-1 AWARENESS WEEK IN MARTIN COUNTY, FLORIDA AGENDA ITEM DATES: MEETING DATE: 1/26/2016 COUNTY ATTORNEY: 1/4/2016 COMPLETED DATE: 1/14/2016 ASSISTANT COUNTY ADMINISTRATOR: 1/11/2016 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: 2-1-1 Palm Beach / Treasure Coast Department of Administration David Graham Name: Director of Administration Procedures: None EXECUTIVE SUMMARY: Each year the Board recognizes the work of the 2-1-1 Palm Beach / Treasure Coast Service Center. APPROVAL: CA BACKGROUND/RELATED STRATEGIC GOAL: N/A ISSUES: 21 of 824 8073f4fc N/A LEGAL SUFFICIENCY REVIEW: N/A RECOMMENDED ACTION: RECOMMENDATION Move that the Board adopt the proclamation. ALTERNATIVE RECOMMENDATIONS Pull this item from the Consent Agenda. Per Board direction. FISCAL IMPACT: RECOMMENDATION N/A ALTERNATIVE RECOMMENDATIONS N/A DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA _ ACA _ LEG 22 of 824 Before the Board of County Commissioners Martin County, Florida A Proclamation Declaring 2-1-1 Awareness Month in Martin County, Florida Whereas, many times individuals need help with meeting lifes basic needs and they are not sure where to turn; and Whereas, 2-1-1 is easy to remember and use and is recognized as the key link in providing individuals and families with the information and support they need to solve their problems or when they just need someone to talk to; and Whereas, 2-1-1 is a free, confidential phone call, available 24/7 with extensively trained staff and volunteers who are here to listen, and here to help, who assist callers in need of information, assessment, and referrals to social services agencies; and Whereas, Martin County is fortunate to have 2-1-1 HelpLine, a service that is available any time of day or night that enables individuals and families to get the help they need. Now, therefore, be it proclaimed by the Martin County Board of County Commissioners that February 8-13, 2016 is 2-1-1 Awareness Week in Martin County and urge all citizens to be aware of the only telephone number they need to know to access information and referral to the programs and services in our community that provide assistance in such areas as Health Care, Insurance, Volunteering, Food, Day Care, Mental Health Counseling, Support Groups, and Financial Assistance. Presented this Ninth Day of February 2016 ATTEST: BOARD OF COUNTY COMMISSIONERS ______________________________________ ___________________________________________ CAROLYN TIMMANN, CLERK OF THE ANNE SCOTT, CHAIR CIRCUIT COURT AND COMPTROLLER ___________________________________________ JOHN HADDOX, VICE CHAIR ___________________________________________ DOUG SMITH, COMMISSIONER ___________________________________________ ED FIELDING, COMMISSIONER ___________________________________________ SARAH HEARD, COMMISSIONER 23 of 824 8073f392 4B7 ADDITIONAL ITEM BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: CONSENT PRESET: TITLE: ADOPT A PROCLAMATION DECLARING THROUGH WITH THE CHEW WEEK IN MARTIN COUNTY, FLORIDA AGENDA ITEM DATES: MEETING DATE: 1/26/2016 COUNTY ATTORNEY: 1/4/2016 COMPLETED DATE: 1/14/2016 ASSISTANT COUNTY ADMINISTRATOR: 1/11/2016 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Kim Washer Nash, Quit Doc Department of Administration David Graham Name: Director of Administration Procedures: None EXECUTIVE SUMMARY: Commissioner Smith received a request for this proclamation. APPROVAL: CA BACKGROUND/RELATED STRATEGIC GOAL: N/A ISSUES: 24 of 824 8073f392 N/A LEGAL SUFFICIENCY REVIEW: N/A RECOMMENDED ACTION: RECOMMENDATION Move that the Board adopt the proclamation. ALTERNATIVE RECOMMENDATIONS Pull this item from the Consent Agenda. Per Board direction. FISCAL IMPACT: RECOMMENDATION N/A ALTERNATIVE RECOMMENDATIONS N/A DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA _ ACA _ LEG 25 of 824 Before the Board of County Commissioners Martin County, Florida A Proclamation Declaring Through with the Chew Week in Martin County, Florida Whereas, the tobacco industry attempts to entice young people and non-traditional users with new smokeless products and appealing flavors; and Whereas, compared to cigarettes, smokeless tobacco products, like chew and dip, can contain more nicotine to traditional smoking products and adolescents bodies are more sensitive to nicotine and are more easily addicted than adults; and Whereas, the adolescent brain is still developing, so that nicotine use of any kind during adolescence can disrupt the formation of brain circuits that control attention, learning, and susceptibility to addiction; and Whereas, smokeless tobacco, including chew, dip, and snuff, contains 28 cancer- causing chemicals, such as a radioactive element called polonium-210, arsenic, and lead; and Whereas, smokeless tobacco users have an 80 percent higher risk of oral cancer and a 60 percent higher risk of pancreatic and esophageal cancer along with other health issues such as mouth sores, gum recession, tooth decay, discoloration of teeth, and gingivitis which can lead to bone and tooth loss. Now, therefore, be it proclaimed by the Martin County Board of County Commissioners that February 14-20, 2016 is Through with Chew Week in Martin County and commends the efforts of those organizations whose work is diminishing the use of tobacco products in our communitys youth. Presented this Ninth Day of February 2016 ATTEST: BOARD OF COUNTY COMMISSIONERS ______________________________________ ___________________________________________ CAROLYN TIMMANN, CLERK OF THE ANNE SCOTT, CHAIR CIRCUIT COURT AND COMPTROLLER ___________________________________________ JOHN HADDOX, VICE CHAIR ___________________________________________ DOUG SMITH, COMMISSIONER ___________________________________________ ED FIELDING, COMMISSIONER ___________________________________________ SARAH HEARD, COMMISSIONER 26 of 824 80735955 4C1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: CONSENT PRESET: TITLE: INITIAL ASSESSMENT RESOLUTION FOR THE FERN CREEK SUBDIVISION WATER MAIN MUNICIPAL SERVICE BENEFIT UNIT AGENDA ITEM DATES: MEETING DATE: 1/26/2016 COUNTY ATTORNEY: 1/4/2016 COMPLETED DATE: 1/14/2016 ASSISTANT COUNTY ADMINISTRATOR: 1/11/2016 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: John Polley, Director Utilities and Solid Waste Phil Keathley Name: Project Manager Procedures: None EXECUTIVE SUMMARY: Board action is requested to adopt the initial assessment resolution for the Fern Creek Subdivision Water Main Municipal Service Benefit Unit. APPROVAL: ADM LEG ACA CA BACKGROUND/RELATED STRATEGIC GOAL: 27 of 824 80735955 This Department is in receipt of a petition from a majority of the homeowners and multiple requests from residents along S.E. Buttonwood Circle requesting a survey of the property owners for the purpose of determining interest in extending water service into the community. The size of the proposed project area would include 20 properties along S.E. Buttonwood Circle that are presently without water service availability. There are 20 properties in the project area. On February 11, 2015 a letter was sent from this Department to the 20 property owners along with a ballot which read Please accept this as an official request from the 20 properties along S.E. Buttonwood Circle without public water supply to Martin County Utilities to install at the residents expense County water supply to our properties. Each property owner clearly understands the cost of the project will be distributed equally between the 20 properties presently without public water supply. I/we property owner(s) understand the estimated cost will be between $7,500 and $8,500. I/we further understand that the cost can be amortized over ten years including interest and fees, which would be included on the annual tax bill. On March 12, 2015 a 2 nd request letter was sent to those property owners that had not responded to the 1 st request and the final tally of all the ballots received to date as verified by the Martin County Supervisor of Elections office indicate 12 properties FOR the project and 8 AGAINST. A Florida Department of Environmental Protection Construction Permit has been received and cost proposals from the Martin County annual underground utility contractors were opened on December 9, 2015 and Underground Construction Management, Inc. submitted the lowest responsive proposal. A staff level workshop will be held in February 2016 to explain the project scope, costs and the assessment process. All of the 20 affected property owners will be mailed invitations to that workshop. Based on the final design, the initial prepayment amount is $7,225 per equivalent residential connection (ERC) which is below the estimated range as outlined in the ballots mentioned above. Amortizing the project over a 15 year period will result in an estimated annual payment of $663.24 per ERC. The annual payment will be included in the tax bill. The proposed assessment will include 20 properties at 20 ERCs. A public hearing has been scheduled for Tuesday, February 23, 2016. The notice for the hearing will be advertised in The Stuart News and upon adoption of the initial assessment resolution today, individual notices of the public hearing will be mailed to each property owner proposed to be assessed at the mailing address indicated on the tax roll. ISSUES: None LEGAL SUFFICIENCY REVIEW: Chris Traber, the Countys Special Assessment Counsel, has prepared the resolution, reviewed the agenda item summary and confirmed that the form of each is proper. 28 of 824 80735955 RECOMMENDED ACTION: RECOMMENDATION Move that the Board adopt the Initial Assessment Resolution to create the Fern Creek Subdivision Water Main Municipal Service Benefit Unit. ALTERNATIVE RECOMMENDATIONS Pull this item from the Consent Agenda. Move that the Board does not adopt the Initial Assessment Resolution. FISCAL IMPACT: RECOMMENDATION None, as the cost of the project will be paid for by the benefitted property owners of the Fern Creek Subdivision Water Main Municipal Service Benefit Unit. The Utilities Department proposes to provide internal financing to property owners @ 3.00% interest for 15 years from reserves of the Department. ALTERNATIVE RECOMMENDATIONS None DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance 1 Resolution Other: ROUTING: X ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA X LEG 29 of 824 MARTIN COUNTY, FLORIDA FERN CREEK SUBDIVISION WATER MAIN MUNICIPAL SERVICE BENEFIT UNIT INITIAL ASSESSMENT RESOLUTION RESOLUTION NUMBER 16-______ ADOPTED JANUARY 26, 2016 30 of 824 2 TABLE OF CONTENTS PAGE ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINITIONS ................................................................................... 4 SECTION 1.02. INTERPRETATION .......................................................................... 8 SECTION 1.03. LEGISLATIVE FINDINGS .............................................................. 8 ARTICLE II NOTICE AND PUBLIC HEARING SECTION 2.01. ESTIMATED CAPITAL COST ...................................................... 12 SECTION 2.02. ASSESSMENT ROLL ..................................................................... 12 SECTION 2.03. PUBLIC HEARING ......................................................................... 13 SECTION 2.04. NOTICE BY PUBLICATION ......................................................... 13 SECTION 2.05. NOTICE BY MAIL ......................................................................... 13 ARTICLE III ASSESSMENTS SECTION 3.01. DESCRIPTION OF PROPOSED MSBU ........................................ 14 SECTION 3.02. IMPOSITION OF ASSESSMENTS ................................................ 14 SECTION 3.03. ERCS ................................................................................................ 14 SECTION 3.04. PREPAYMENT AMOUNTS .......................................................... 15 SECTION 3.05. COMPUTATION OF ASSESSMENTS .......................................... 16 SECTION 3.06. INITIAL PREPAYMENT OPTION ................................................ 17 SECTION 3.07. ADDITIONAL PREPAYMENT OPTION ...................................... 18 SECTION 3.08. MANDATORY PREPAYMENT .................................................... 19 SECTION 3.09. REALLOCATION UPON FUTURE SUBDIVISION .................... 20 ARTICLE IV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLECTION ........................................................ 22 SECTION 4.02. SEVERABILITY ............................................................................. 22 SECTION 4.03. EFFECTIVE DATE ......................................................................... 23 APPENDIX A - FORM OF PUBLISHED NOTICE APPENDIX B - FORM OF MAILED NOTICE APPENDIX C - DESCRIPTION OF TAX PARCELS LOCATED IN THE FERN CREEK SUBDIVISION WATER MAIN MSBU 31 of 824 3 RESOLUTION NO. 16-__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA, RELATING TO THE CONSTRUCTION AND FUNDING OF WATER DISTRIBUTION FACILITIES WITHIN THE PROPOSED FERN CREEK SUBDIVISION WATER MAIN MUNICIPAL SERVICE BENEFIT UNIT; ESTABLISHING THE TERMS AND CONDITIONS OF PROPOSED SPECIAL ASSESSMENTS TO FUND THE WATER DISTRIBUTION FACILITIES AND RELATED CAPITAL FACILITY CHARGES; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED ASSESSMENTS AND THE METHOD OF THEIR COLLECTION; DIRECTING THE PROVISION OF NOTICE; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA, AS FOLLOWS: 32 of 824 4 ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. DEFINITIONS. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires. "Adjusted Prepayment Amount" means the amount required to prepay the Assessment for each Tax Parcel located in the MSBU, as computed pursuant to Section 3.04(B) hereof and revised annually pursuant to Section 3.05(E) hereof. "Annual Debt Service Component" means the amount computed for each Tax Parcel pursuant to Section 3.05(A) hereof. "Assessment" means an annual special assessment imposed against property located within the MSBU to fund the Capital Cost of Water Distribution Facilities to serve the MSBU, the associated Capital Facility Charges, and related expenses, computed in the manner described in Section 3.05 hereof. "Assessment Roll" means a non-ad valorem assessment roll relating to the Capital Cost of the Water Distribution Facilities to serve the MSBU, the associated Capital Facility Charges, and related expenses. "Board" means the Board of County Commissioners of Martin County, Florida. "Capital Cost" means all or any portion of the expenses that are properly attributable to the acquisition, design, construction, and installation (including demolition, environmental mitigation and relocation) of the Water Distribution Facilities and imposition of the Assessments under generally accepted accounting principles; and 33 of 824 5 including reimbursement to the County for any funds advanced for Capital Cost and interest on any interfund or intrafund loan for such purposes. "Capital Facility Charge" means the capital facility charge authorized by Sections 31-44(b) and (c)(1) of the Martin County Code. "Collection Cost" means the estimated cost to be incurred by the County during any Fiscal Year in connection with the collection of Assessments. "Collection Cost Component" means the amount computed for each Tax Parcel pursuant to Section 3.05(B) hereof. "County" means Martin County, a political subdivision of the State of Florida. "County Administrator" means the chief executive officer of the County, or such person's designee. "County Interest Rate" means the rate of interest set forth in Section 1.03(K) hereof. "Dwelling Unit" means a building, or a portion thereof, consisting of one or more rooms arranged, designed, used, or intended to be used as living quarters for one family only. "ERC" means "equivalent residential connection," the standard unit to be used in calculating the Assessments, determined by an engineering estimate of the amount of potable water that each parcel or classification of property is expected to demand relative to a typical Dwelling Unit, considering the use of the property or other factors affecting the demand for potable water, as determined for each Tax Parcel in accordance with Section 3.03 hereof. 34 of 824 6 "Excluded Parcels " means those parcels which (A) are used for road right-of- way, utility easements, open space, retention or drainage purposes, (B) do not otherwise benefit from construction of the Water Distribution Facilities, and (C) are either (1) owned by the County or State, or (2) privately owned and restricted by agreement to one of the uses described in (A) above. "Final Assessment Resolution" means the resolution described in Section 3.06 of the Ordinance that imposes Assessments within the MSBU. "Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the County. "Government Property" means property owned by the United States of America or any agency thereof, the State of Florida or any agency thereof, a county, a special district or a municipal corporation. "Initial Prepayment Amount" means the amount computed for each Tax Parcel pursuant to Section 3.04(A) hereof, to prepay the Assessment in full. "Local Improvement" means a capital improvement constructed or installed by the County for the special benefit of a neighborhood or other local area, for which special assessments are imposed pursuant to the Ordinance. "MSBU" means the proposed Fern Creek Subdivision Water Main Municipal Service Benefit Unit described in Section 3.01 hereof. 35 of 824 7 "Multi-Family Dwelling Unit" means a Dwelling Unit either included within the same building or located on the same Platted Lot or Parcel of Record containing three or more Dwelling Units. "Ordinance" means Ordinance No. 96-493, as amended. "Parcel of Record" means an unplatted parcel of record or a subdivided Platted Lot in existence on the effective date of this Resolution, on which a Dwelling Unit has been or can be constructed or sited in accordance with applicable laws and regulations. "Platted Lot" means a platted building lot within the MSBU, after giving effect to any recorded Unity of Title as of the date of the Final Assessment Resolution. "Property Appraiser" means the Martin County Property Appraiser. "Single-Family Dwelling Unit" means a Dwelling Unit located on a single Platted Lot or Parcel of Record. "State" means the State of Florida. "Statutory Discount Amount" means the amount computed for each Tax Parcel pursuant to Section 3.05(C) hereof. "Tax Parcel" means a parcel of property to which the Property Appraiser has assigned a distinct ad valorem property tax identification number. "Tax Roll" means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non-ad valorem 36 of 824 8 assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. "Water Distribution Facilities" means the facilities required for the County to provide potable water service to property located in the MSBU, including the installation of a water main, fire hydrants, meters and other related facilities. SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Resolution; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Resolution. Words of any gender include the correlative words of the other gender, unless the sense indicates otherwise. SECTION 1.03. LEGISLATIVE FINDINGS. It is hereby ascertained, determined and declared that: (A) Article VIII, Section 1 of the Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes, grant to a board of county commissioners all powers of local self-government to perform county functions and to render services for county purposes in a manner not inconsistent with general law, or with special law approved by vote of the electors, and such power may be exercised by the enactment of county ordinances. (B) The Board of County Commissioners of Martin County, Florida, has enacted the Ordinance to provide for the creation of municipal service benefit units and authorize the imposition of Assessments to fund the construction of Local Improvements to serve the property located therein. 37 of 824 9 (C) The Water Distribution Facilities and related Capital Facility Charges constitute a Local Improvement, as defined in the Ordinance, and permit the County to provide potable water service to property located within the MSBU. (D) In response to several requests from property owners, the Board desires to create the MSBU to fund construction of the Water Distribution Facilities and related Capital Facility Charges. (E) The construction of such Water Distribution Facilities will provide a special benefit to the property located within the MSBU by providing access to reliable potable water service; financing the related Capital Facility Charges will provide a special benefit to the property located within the MSBU by reducing the immediate cost of connecting to the County's potable water distribution system. (F) In order to provide a consistent unit of measure between different uses of property throughout the MSBU, the rate of Assessment for all Tax Parcels in the MSBU shall be expressed in terms of "Equivalent Residential Connections" or "ERCs" representing the amount of potable water that a Dwelling Unit is expected to demand. (G) All Single-Family Dwelling Units will derive a special benefit from the construction of the Water Distribution Facilities in a similar manner and will demand approximately the same amount of potable water. Accordingly, each Single-Family Dwelling Unit will be assigned an ERC value of one, as further described in Section 3.03 hereof. 38 of 824 10 (H) Due to their current or planned use, the Excluded Parcels will not derive a special benefit from construction of the Water Distribution Facilities and are therefore excluded from the MSBU. (I) Certain parcels located along S.E. Pepperwood Drive already have access to existing water distribution lines and will not derive a special benefit from construction of the Water Distribution Facilities. Accordingly, these parcels are excluded from the MSBU. (J) A certain Tax Parcel located east of S.E. Pepperwood Drive on S.E. Buttonwood Drive is a nonresidential parcel owned by the Fern Creek Property Owner's Association and used as a park. Based on a review of the current use of this Tax Parcel, it is determined that this Tax Parcel will not derive a special benefit from construction of the Water Distribution Facilities and therefore is excluded from the MSBU. (K) Due to the relative small number of property owners in the MSBU compared to the total Capital Cost, the County has decided to reduce the annual financial impact the Assessment will have on the real property owners in the proposed MSBU by providing a 15-year internal loan to the real property owners to allow financing for their share of the Capital Cost. Based on current market conditions, the County has decided that the maximum interest rate that will be charged is three percent (3.00%) per year, based on its expectation with respect to the average investment rate and the availability of funds over the term of the Assessment (15 years). (L) In order to further reduce the financial impact the Assessment will have on the real property owners in the proposed MSBU, the County (pursuant to a policy 39 of 824 11 adopted by the County Utilities Department) will forego reimbursement of certain costs related to the creation of the MSBU and contingencies and engineering costs related to the construction of the Water Distribution Facilities as estimated in Section 2.01 hereof. (M) The Board hereby finds and determines that the Assessments to be imposed in accordance with this Resolution provide an equitable method of funding construction of the Water Distribution Facilities and related Capital Facility Charges by fairly and reasonably allocating the cost to specially benefitted property, based upon the number of ERCs attributable to each Tax Parcel, in the manner hereinafter described. 40 of 824 12 ARTICLE II NOTICE AND PUBLIC HEARING SECTION 2.01. ESTIMATED CAPITAL COST. The estimated Capital Cost for the Water Distribution Facilities is approximately $121,250.00; the related Capital Facility Charges will be the amounts set forth in Resolution No. 09-8.22 (the total Capital Facility Charges being estimated as $34,200.00). The County plans to contribute an estimated $10,950.00 of its own funds towards the Capital Costs (representing costs related to the creation and administration of the MSBU) which will reduce the overall cost of the Assessment to each property owner in the MSBU. The remaining Capital Cost of the Water Distribution Facilities and related Capital Facility Charges will be funded through the imposition of Assessments against property located in the MSBU in the manner set forth in Article III hereof. SECTION 2.02. ASSESSMENT ROLL. The County Administrator is hereby directed to prepare a final estimate of the Capital Cost of the Water Distribution Facilities and to prepare the preliminary Assessment Roll in the manner provided in the Ordinance. The County Administrator shall apportion the Capital Cost among the parcels of real property within the MSBU as reflected on the Tax Roll in conformity with Article III hereof. The estimate of Capital Cost and the Assessment Roll shall be maintained on file in the offices of the County Utilities Department (as designated by the County Administrator) and open to public inspection. The foregoing shall not be construed to require that the Assessment Roll be in printed form if the amount of the Assessment for each Tax Parcel can be determined by use of a computer terminal available to the public. 41 of 824 13 SECTION 2.03. PUBLIC HEARING. A public hearing will be conducted by the Board on February 23, 2016 at 9:00 A.M., or as soon thereafter as the matter can be heard, in the County Commission Chambers of the Martin County Administration Building at 2401 S.E. Monterey Road, Stuart, Florida, to consider (A) creation of the MSBU, (B) imposition of the Assessments, and (C) collection of the Assessments pursuant to the Uniform Assessment Collection Act. SECTION 2.04. NOTICE BY PUBLICATION. Upon completion of the materials required by Section 2.02 hereof, the County Administrator shall publish a notice of the public hearing authorized by Section 2.03 hereof in the manner and the time provided in Section 3.04 of the Ordinance. Such notice shall be in substantially the form attached hereto as Appendix A. SECTION 2.05. NOTICE BY MAIL. Upon completion of the materials required by Section 2.02 hereof, the County Administrator shall, at the time and in the manner specified in Section 3.05 of the Ordinance, provide first class mailed notice of the public hearing authorized by Section 2.03 hereof to each property owner proposed to be assessed at the address indicated on the Tax Roll. Such notice shall be in substantially the form attached hereto as Appendix B. 42 of 824 14 ARTICLE III ASSESSMENTS SECTION 3.01. DESCRIPTION OF PROPOSED MSBU. The proposed Fern Creek Subdivision Water Main Municipal Service Benefit Unit shall include the property described in Appendix C attached hereto and incorporated herein. The MSBU is proposed for the purpose of improving the use and enjoyment of property located therein by funding the construction of Water Distribution Facilities to provide access to potable water service and financing the related Capital Facility Charges to reduce the immediate cost of connecting to the County's potable water distribution system. SECTION 3.02. IMPOSITION OF ASSESSMENTS. Assessments shall be imposed against property located within the MSBU for a period of fifteen (15) years. The first annual Assessment will be included on the ad valorem tax bill mailed in October or November 2016. When imposed, the Assessment for each Fiscal Year shall constitute a lien upon the Tax Parcels located in the MSBU, pursuant to the Ordinance. SECTION 3.03. ERCS. The number of ERCs attributable to each Tax Parcel within the MSBU shall be determined in the manner set forth in this Section 3.03. (A) It is hereby ascertained, determined and declared that: (1) The number of ERCs attributable to residential property is most accurately derived from the actual number of Dwelling Units constructed or, in the case of unimproved property, permitted to be constructed. (2) By definition, the demand for potable water service by a Single- Family Dwelling Unit is equal to one ERC. 43 of 824 15 (3) The demand for potable water service by a Multi-Family Dwelling Unit is equal to approximately fifty percent (50%) of the demand by a Single- Family Dwelling Unit. (B) Accordingly, the number of ERCs attributable to each residential Tax Parcel will be the sum of (1) the number of Single-Family Dwelling Units constructed or, in the case of unimproved property, permitted to be constructed located thereon, and (2) the amount computed by dividing the number of Multi-Family Dwelling Units located or allowed to be located thereon by two. SECTION 3.04. PREPAYMENT AMOUNTS. (A) Upon adoption of the Final Assessment Resolution, an Initial Prepayment Amount for each Tax Parcel located within the MSBU shall be calculated as the sum of (1) the amount computed by (a) dividing the number of ERCs attributable to such Tax Parcel by the total number of ERCs attributable to Tax Parcels within the MSBU, and (b) multiplying the result by the estimated Capital Cost of the Water Distribution Facilities, and (2) the Capital Facility Charge for the number of ERCs attributable to such Tax Parcel at the rate set forth in Resolution No. 09-8.22. (B) Following the initial prepayment period described in Section 3.06 hereof, the Adjusted Prepayment Amount shall initially be set equal to the Initial Prepayment Amount for each Tax Parcel, other than those Tax Parcels as to which the Assessment has been prepaid. Thereafter, the Adjusted Prepayment Amount for each Tax Parcel shall be revised annually pursuant to Section 3.05(E) hereof. 44 of 824 16 SECTION 3.05. COMPUTATION OF ASSESSMENTS. The annual Assessment shall be computed for each Tax Parcel in the manner set forth in this Section 3.05. (A) ANNUAL DEBT SERVICE COMPONENT. The "Annual Debt Service Component" shall be calculated for each Fiscal Year in which the Initial Prepayment Amount (or Adjusted Prepayment Amount, if applicable) of the Tax Parcel is outstanding as the annual installment of principal and interest due based on a debt service schedule prepared with the Initial Prepayment Amount for such Tax Parcel as the beginning balance and utilizing the County Interest Rate such that the principal and interest are payable in equal installments over a fifteen (15) year period. (B) COLLECTION COST COMPONENT. The "Collection Cost Component" shall be computed each Fiscal Year for each Tax Parcel by (1) dividing (a) the Adjusted Prepayment Amount for such Tax Parcel by (b) the sum of the aggregate Adjusted Prepayment Amount remaining in the MSBU, and (2) multiplying the result by the Collection Cost. (C) STATUTORY DISCOUNT AMOUNT. The "Statutory Discount Amount" shall be computed for each Tax Parcel as the amount allowed by law as the maximum discount for early payment of ad valorem taxes and non ad valorem assessments, such amount to be calculated by deducting (1) the sum of (a) the Annual Debt Service Component and (b) the Collection Cost Component, from (2) the amount computed by dividing (a) the sum of (i) the Annual Debt Service Component and (ii) the Collection Cost Component, by (b) 0.96. 45 of 824 17 (D) ASSESSMENT. The annual Assessment for each Tax Parcel shall be computed as the sum of (1) the Annual Debt Service Component, (2) the Collection Cost Component and (3) the Statutory Discount Amount. (E) REVISION OF ADJUSTED PREPAYMENT AMOUNT. Upon certification of the Assessment Roll each Fiscal Year, the revised Adjusted Prepayment Amount for each Tax Parcel shall be computed by deducting (1) the principal component of the Annual Debt Service Component determined in Section 3.05(A) above and included on the Assessment Roll for the Tax Parcel, from (2) the Adjusted Prepayment Amount, as initially set pursuant to Section 3.04(B) hereof and thereafter revised pursuant to this Section 3.05(E) (or for the initial Assessment Roll, the Initial Prepayment Amount), utilized to compute the annual Assessment included on the Assessment Roll for such Tax Parcel. SECTION 3.06. INITIAL PREPAYMENT OPTION. (A) Following adoption of the Final Assessment Resolution, the County Administrator shall provide first class mailed notice to the owner of each Tax Parcel subject to the Assessment of the owner's option to prepay all future annual Assessments. On or prior to the date specified in such notice (which shall not be earlier than the thirtieth calendar day following the date on which the notice is delivered to the possession of the U.S. Postal Service), the owner of each Tax Parcel subject to the Assessment shall be entitled to prepay all future annual Assessments, upon payment of the Initial Prepayment Amount computed pursuant to Section 3.04 hereof. 46 of 824 18 (B) The amount of all prepayments made pursuant to this Section 3.06 shall be final. The County shall not be required to refund any portion of a prepayment if (1) the actual Capital Cost of the Water Distribution Facilities is less than the estimated Capital Cost upon which the Initial Prepayment Amount was computed, (2) the Capital Facility Charge is less than that upon which the Initial Prepayment Amount was computed, or (3) annual Assessments will not be imposed for the full number of years anticipated at the time of such prepayment. SECTION 3.07. ADDITIONAL PREPAYMENT OPTION. (A) Following the date specified in the notice provided pursuant to Section 3.06(A) hereof, or such later date as the Board may allow in its sole discretion, the owner of each Tax Parcel subject to the Assessments shall be entitled to prepay all future unpaid annual Assessments upon payment of an amount equal to the sum of (1) the Adjusted Prepayment Amount for such Tax Parcel, and (2) interest on the Adjusted Prepayment Amount, from the most recent ad valorem tax bill, computed at the County Interest Rate. (B) During any period commencing on the date the annual Assessment Roll is certified for collection pursuant to the Uniform Assessment Collection Act and ending on the next date on which unpaid ad valorem taxes become delinquent, the County may reduce the amount required to prepay the future unpaid annual Assessments for the Tax Parcel by the amount of the Assessment that has been certified for collection with respect to such Tax Parcel. (C) The amount of all prepayments made pursuant to this Section 3.07 shall be final. The County shall not be required to refund any portion of a prepayment if (1) the 47 of 824 19 Capital Cost of the Water Distribution Facilities is less than the amount upon which such Adjusted Prepayment Amount was computed, (2) the Capital Facility Charge is less than that upon which such Adjusted Prepayment Amount was computed, or (3) annual Assessments will not be imposed for the full number of years anticipated at the time of such prepayment. SECTION 3.08. MANDATORY PREPAYMENT. (A) The owner of a Tax Parcel subject to the Assessment shall immediately prepay all future unpaid annual Assessments for such Tax Parcel if (1) the Tax Parcel is to be acquired or otherwise transferred to an entity for which Assessments cannot be collected pursuant to the Uniform Assessment Collection Act through condemnation, negotiated sale or otherwise, (2) the Tax Parcel is subject to annexation by a governmental unit, or (3) a tax certificate has been issued and remains outstanding in respect of the Tax Parcel and the County, at its sole option, elects to accelerate the Assessment. In the case of (1) or (2) above, the owner of the Tax Parcel prior to condemnation, sale or other transfer must notify the County at least 30 days prior to the proposed acquisition or transfer date in order to allow the County sufficient time to determine the final amount due. Failure to provide such notice shall cause an automatic acceleration of such Assessment the effective date of which is 10 days prior to the proposed acquisition or transfer date. (B) The amount required to prepay the future unpaid annual Assessments will be equal to the sum of (1) the Adjusted Prepayment Amount for such Tax Parcel, and (2) 48 of 824 20 interest on the Adjusted Prepayment Amount, from the most recent ad valorem tax bill, computed at the County Interest Rate. (C) During any period commencing on the date the annual Assessment Roll is certified for collection pursuant to the Uniform Assessment Collection Act and ending on the next date on which unpaid ad valorem taxes become delinquent, the County may reduce the amount required to prepay the future unpaid annual Assessments for the Tax Parcel by the amount of the Assessment that has been certified for collection with respect to such Tax Parcel. (D) The amount of all prepayments made pursuant to this Section 3.08 shall be final. The County shall not be required to refund any portion of a prepayment if (1) the Capital Cost of the Water Distribution Facilities is less than the amount upon which such Adjusted Prepayment Amount was computed, (2) the Capital Facility Charge is less than that upon which such Adjusted Prepayment Amount was computed, or (3) annual Assessments will not be imposed for the full number of years anticipated at the time of such prepayment. (E) Collection by the County of mandatory prepayments pursuant to this Section 3.07 is supplemental and in addition to any other legally available remedy the County may seek for repayment of the Assessments. SECTION 3.09. REALLOCATION UPON FUTURE SUBDIVISION. If a Tax Parcel includes more than one Platted Lot or Parcel of Record, the Assessment imposed against such Tax Parcel may be reallocated among the Platted Lots or Parcels of Record upon (1) application of the owner and (2) assignment of a distinct ad valorem 49 of 824 21 property tax identification number to each Platted Lot or Parcel of Record or any combination of Platted Lots or Parcels of Record by the Property Appraiser. 50 of 824 22 ARTICLE IV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLECTION. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act; provided however, that any Assessment against Government Property shall be collected pursuant to Section 4.04 of the Ordinance. SECTION 4.02. SEVERABILITY. If any clause, section or provision of this Resolution shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said Resolution shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. [Remainder of page intentionally left blank] 51 of 824 23 SECTION 4.03. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this 26th day of January, 2016. BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA (SEAL) By: Anne Scott, Chair ATTEST: By: Carolyn Timmann, Clerk of the Circuit Court and Comptroller APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Michael D. Durham, County Attorney 52 of 824 A-1 APPENDIX A FORM OF NOTICE TO BE PUBLISHED To Be Published on or before February 3, 2016 [MAP OF MSBU] NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SPECIAL ASSESSMENTS Notice is hereby given that the Board of County Commissioners of Martin County, Florida, will conduct a public hearing to consider creation of the Fern Creek Subdivision Water Main Municipal Service Benefit Unit, as shown above, and to impose special assessments against certain parcels of property located therein. The hearing will be held at 9:00 A.M., or as soon thereafter as the matter can be heard, on February 23, 2016 in the County Commission Chambers of the Martin County Administration Building at 2401 S.E. Monterey Road, Stuart, Florida for the purpose of receiving public comment on the proposed MSBU and assessments. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Office of the County Administrator at 772/221-2360, or in writing to 2401 S.E. Monterey Road, Stuart, Florida 34996, at least three days prior to the public hearing. If you are hearing or voice impaired, please call 772/288-5940. All affected property owners have a right to appear at the hearing and to file written objections with the Board of County Commissioners within 20 days of this notice. If a person wishes to appeal any decision made by the Board of County Commissioners with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. The Assessments have been proposed to fund construction of potable water distribution facilities and to finance related capital facility charges. The assessment for each parcel of property will be based upon the number of equivalent residential connections attributable to such parcel. A more specific description is set forth in the Initial Assessment Resolution adopted by the County Commission on January 26, 2016. Copies of the Initial Assessment Resolution, the plans and specifications for the water distribution facilities, and the preliminary assessment roll are available for inspection at the offices of the Martin County Utilities Department located at 2378 S.E. Ocean Boulevard, Stuart, Florida (as designated by the County Administrator). 53 of 824 A-2 The assessments will be collected on the ad valorem tax bill, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. The County Commission intends to collect the assessments in fifteen (15) annual assessments, the first of which will be included on the ad valorem tax bill to be mailed in November 2016. Future annual assessments may be prepaid, in whole, at the option of the property owner. If you have any questions, please contact the Martin County Utilities Department at 772/223-7977. MARTIN COUNTY, FLORIDA UTILITIES DEPARTMENT 54 of 824 B-1 APPENDIX B FORM OF NOTICE TO BE MAILED MARTIN COUNTY, FLORIDA UTILITIES DEPARTMENT [John Polley, Director] Post Office Box 9000 Phone: 772/221-1442 Stuart, Florida 34995-9000 February __, 2016 [Property Owner Name] [Street Address] [City, State and zip] Re: Parcel Control Number [Insert Number] Fern Creek Subdivision Water Main Municipal Service Benefit Unit Dear Property Owner: As you should be aware, a municipal service benefit unit is being created to provide potable water service to your property through the Martin County Utilities Department. Water distribution facilities will be constructed to provide these services. The cost of these facilities, and the associated capital facility charges, will be funded by assessments against the property to be served. Each Tax Parcel will be assigned equivalent residential connections (ERCs) depending on the actual type of dwelling units constructed or allowed to be constructed. The assessment for each parcel of property is based on the number of ERCs attributable to the property. A more specific description of the assessment program is set forth in the Initial Assessment Resolution adopted by the County Commission on January 26, 2016. Copies of the Initial Assessment Resolution, the plans and specifications for the water distribution facilities, and the preliminary assessment roll are available for your review at the offices of the Martin County Utilities Department, located at 2378 S.E. Ocean Boulevard, Stuart, Florida (as designated by the County Administrator). Information regarding the assessment for your specific property, including the number of ERCs, is attached to this letter. The County intends to internally finance this assessment project. This will permit the cost attributable to your property to be amortized over a period of fifteen (15) years. However, you may choose to prepay your assessment in full ($_____ per ERC) and avoid 55 of 824 B-2 the additional financing cost. Please do not send payment now. If the assessments are imposed, you will receive a separate notice of the date and place for payment. The annual assessment will include your share of the principal, interest, collection cost, and the amount Florida law requires the County to discount receipts for its annual budget. The maximum annual assessment is estimated to be $______ per ERC. The County intends to include annual assessments on your ad valorem tax bill the first of which will be included on the ad valorem tax bill to be mailed in November 2016. Failure to pay your assessments will cause a tax certificate to be issued against the property which may result in a loss of title. The County intends to collect $_______________ in assessments, inclusive of all administrative and statutory discounts, over the next fifteen (15) years for this project. [INSERT INFORMATION RELATING TO COUNTY WORKSHOP] The Board of County Commissioners will hold a public hearing at 9:00 A.M., or as soon thereafter as the matter can be heard, on February 23, 2016, in the County Commission Chambers of the Martin County Administration Building at 2401 S.E. Monterey Road, Stuart, Florida, for the purpose of receiving comments on the proposed assessments, including collection on the ad valorem tax bill. You are invited to attend and participate in the public hearing or to file written objections with the County Commission prior to or during the hearing. If you decide to appeal any decision made by the Board of County Commissioners with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. If you are a person with a disability who needs any accommodation or an interpreter to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Office of the County Administrator at 772/221- 2360, or in writing to 2401 S.E. Monterey Road, Stuart, Florida 34996. If you are hearing or voice impaired, please call 772/288-5940. Questions regarding your assessment and the process for collection may be directed to Phil Keathley at 772/221-1442. MARTIN COUNTY, FLORIDA UTILITIES DEPARTMENT 56 of 824 B-3 * * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * * * FERN CREEK SUBDIVISION WATER MAIN MUNICIPAL SERVICE BENEFIT UNIT [Property Owner Name] Parcel Control Number [Insert Number] Total number of ERCs attributed to property: [Insert Number] Initial prepayment amount (excludes financing cost): [Insert Amount] Adjusted prepayment amount (includes financing cost): [Insert Amount] Number of annual payments: 15 Maximum annual payment: [Insert Amount] Expected date of first bill: November 2016 Total amount of annual payments: [Insert Amount] Expected date of last bill: November 2030 * * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * * * 57 of 824 C-1 APPENDIX C DESCRIPTION OF TAX PARCELS LOCATED IN THE FERN CREEK SUBDIVISION WATER MAIN MSBU 55-38-41-530-000-00040-90000 55-38-41-530-000-00050-60000 55-38-41-530-000-00060-40000 55-38-41-530-000-00070-20000 55-38-41-530-000-00080-00000 55-38-41-530-000-00090-80000 55-38-41-530-000-00100-60000 55-38-41-530-000-00110-40000 55-38-41-530-000-00020-30000 55-38-41-530-000-00140-80000 55-38-41-530-000-00230-90000 55-38-41-530-000-00150-50000 55-38-41-530-000-00160-30000 55-38-41-530-000-00170-10000 55-38-41-530-000-00180-90000 55-38-41-530-000-00190-70000 55-38-41-530-000-00030-10000 55-38-41-530-000-00200-50000 55-38-41-530-000-00210-30000 55-38-41-530-000-00220-10000 58 of 824 59 of 824 80723724 6A CONTINUED FROM 11/24/2015 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: PUBLIC HEARINGS PRESET: TITLE: PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING ARTICLE 9 AND 10, LAND DEVELOPMENT REGULATIONS TO INCLUDE DISCLOSURE REQUIREMENTS AND OTHER REVISIONS AGENDA ITEM DATES: MEETING DATE: 1/26/2016 COUNTY ATTORNEY: 1/4/2016 COMPLETED DATE: 1/14/2016 ASSISTANT COUNTY ADMINISTRATOR: 1/11/2016 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Board of County Commissioners Growth Management Nicki van Vonno, AICP Name: Director, GMD Dept. Procedures: None EXECUTIVE SUMMARY: Todays public hearing is for the County Commission to consider an ordinance to amend Article 9, Decision-making and Article 10, Development Review Procedures, Land Development Regulations to incorporate disclosure requirements for those persons or entities having an interest in a development application and to consider other revisions including but not limited to notification, thresholds, staff review time frames and expedited review for some county projects. APPROVAL: LEG ACA CA 60 of 824 80723724 BACKGROUND/RELATED STRATEGIC GOAL: Article 9, Decision-making is the section of the Land Development Regulations that establishes the review and approval functions of the various bodies participating in the development review process. Article 10 is the section of the Countys Land Development Regulations that details the procedures for the review of development applications. Article 10 has been revised various times over the years, most recently in August, 2013. The County Commission directed staff to prepare revisions to Article 10 to include disclosure requirements and requirements regarding planned unit developments. On August 18, 2015 the County Commission held a workshop on Article 10. At the workshop the County Commission directed staff to: return to the BCC with an ordinance amending Article 10, and return with a separate ordinance amending Chapter 1 of the General Code of Ordinances to include disclosure requirements for items other than development applications, and return with a separate workshop on PUD procedures and regulations. On November 24, 2015 the staff presented a draft ordinance to the County Commission based on the results of August 18 th workshop and on the recommendations received from the Local Planning Agency at their September 3, 2015 public hearing. The Local Planning Agency recommended changes to the distance requirements for development application notification, but also recommended that the notification requirements for variances remain as is. To implement the LPA recommendation for variances an amendment of Article 9, Decision-making was required. On November 24, 2015 the County Commission heard public comments on disclosure requirements. One concern expressed was that the term natural person should be utilized rather than the term person as defined in Section 1.01, Florida Statutes. In addition, the public comment suggested the need for regulations to address lobbying and the appearance by former staff members in a representative capacity before County boards and committees. After considering the public comment, the board determined that the currently proposed disclosure requirements, with certain revisions, should not be delayed. Staff was directed to bring back a separate agenda item at a later date to address the issues of lobbying and appearances by former staff members. In addition to revisions regarding disclosure requirements, staff was directed to review the thresholds for bed and breakfasts, hotels, parking lots and garages, and to revise the notification requirements for newspaper ads to include a plain language description of the parcel or a map. Based on public comments and additional changes requested by the Board, the Board continued the public hearing to January 26, 2016. The draft ordinance incorporates changes to both Article 9 and Article 10. The revisions to Article 9 are to the Section 9.5 Board of Zoning Adjustment. The revisions to Article 10 incorporates revisions to the following sections: Section 10.1,General; Section 10.2 Application Procedures; Section 10.3 County Administrator Functions; Section 10.4 Functions of Local Planning Agency; Section 10.6 Notice Requirements; Section 10.7 Procedures for Public meetings and Hearings; Section 10.8. Suspension of Development Orders; Sections 10.11 Requirements of Developments and Plats; Section 10.12. Expedited staff review; Section 10.13 Planned Unit Developments; Section 10.14 Amendments to 61 of 824 80723724 Approved Development Orders; Section 10.15. Development of Regional Impact (DRI); and Section 10.17 Monitoring. A Table in the Staff report summarizes the changes to Article 10, by Section and the location by page number in the draft ordinance. The page number listed on the chart is the page number of the draft ordinance, not the agenda item page numbering. ISSUES: The attached draft ordinance reflects changes directed by the Board on November 24, 2015. In reference to the disclosure requirements, on December 29, 2015, Staff met with some of the individuals who had provided public comment on November 24th. As a result of that meeting revised language was developed for the Boards consideration. Via email, that revised language was provided to representatives of the development community and other local jurisdictions the first week in January, soliciting their comments and participation in the January 26, 2016 public hearing. The current attached proposal includes language which would require the applicant to disclose the names of each and every natural person or entity with any legal or equitable interest in the property of the proposed development, including all individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, limited liability company, professional associations and all other groups or combinations. For those entities which are a firm, association, joint adventure, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, limited liability company, professional association and all other groups or combinations, every natural person or entity that enjoys a legal or equitable interest in the property shall be disclosed including but not limited to any partners, members, shareholders, trustees and stockholders. Disclosure of any interest in a contract for sale or a conveyance of any interest in the property, including but not limited to, real estate brokers, salespersons, and mortgagees would also be required. The original draft required that the disclosure occur prior to a development application being deemed complete. The revised language continues that requirement and imposes a continuing obligation on the applicant to provide revised documents to reflect any changes which occur before and as of the date of the final public hearing on the application. The reference to the definition of person in Section 1.01, Florida Statutes has been deleted from the current draft. Regarding the notification requirements for newspaper ads in Section 10.6.G, staff has included two options if the Board determines a change is warranted. In addition, staff was directed to review the thresholds in Section 10.11.B.for three uses: bed and breakfasts, hotels, and parking lots and garages. This review has been done and staff is recommending no changes to the existing thresholds. See the staff report and analyses. Lastly staff made minor edits for clarity and added a provision regarding Unity of Titles that was missing from Section 10.11.E. In the draft ordinance, text shown in underlining is new; language shown in strife through is deleted. Staff notes in yellow indicate items revised after November 24, 2015 public hearing. Staff notes in yellow will be removed after adoption and before transmittal to the FL Department of State. 62 of 824 80723724 LEGAL SUFFICIENCY REVIEW: This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local governments approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the governments action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that are arbitrary and capricious or illegal are subject to serious legal challenge. One of the public purposes served by the establishment of disclosure requirements relates to the Code of Ethics for Public Officers and Employees, specifically regarding the voting conflicts provisions of Section 112.3143, Florida Statutes. Section 112.3143(3)(a) prohibits a county, municipal, or other local public officer from voting in an official capacity upon any matter which would enure to his or her special private gain or loss, or that of any principal, parent organization or subsidiary of a corporate principal by whom he or she is retained; or that would enure to the special private gain or loss of a relative or business associate of the public officer. Requiring those with any interest in property to be developed to disclose the interest prior to a development application being deemed complete and including a continuing obligation to provide updated information is important to enable Martin County public officers such as Local Planning Agency members and members of the Board of County Commissioner to have the information necessary to comply with the requirements of Section 112.3143, Florida Statutes. RECOMMENDED ACTION: RECOMMENDATION Move that the Board adopt the ordinance amending Article 9, Decision-making, and Article 10, Development Review Procedures of the Land Development Regulations. ALTERNATIVE RECOMMENDATIONS Move that the Board direct changes and adopt the ordinance amending Article 9, Decision-making and Article 10, Development Review Procedures of the LDRs. Move that the Board continue the item to a date certain to provide time for additional revision or analysis. FISCAL IMPACT: RECOMMENDATION Staff time. Funding Source County Funds Non-County Funds Authorization 63 of 824 80723724 Subtotal Project Total ALTERNATIVE RECOMMENDATIONS Staff time. DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice x Ordinance Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA X LEG 64 of 824 Page 1 of 70 Text shown in underlining is new; language shown in strife through is deleted. Staff notes in yellow indicate items revised after November 24, 2015 public hearing. Staff notes in yellow will be removed after adoption and before transmittal to the FL Department of State. BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY ORDINANCE NUMBER AN ORDINANCE OF MARTIN COUNTY, FLORIDA, AMENDING ARTICLES 9, DECISION-MAKING, LAND DEVELOPMENT REGULATIONS, MARTIN COUNTY CODE; SPECIFICALLY SEC. 9.5 BOARD OF ZONING ADJUSTMENT AND AMENDING ARTICLE 10, LAND DEVELOPMENT REGULATIONS, DEVELOPMENT REVIEW PROCEDURES, MARTIN COUNTY CODE; SEC. 10.1. GENERAL; SEC. 10.2