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HomeMy WebLinkAboutAgenda Packet 07-12-05 '-' wi JULY I~ ZOOS z.OO P.M. 10 ".OOP.M. CONSENT AGENDA ITEMS REGULAR ITEMS MOSQUITO CONTROL DISTRICT EROSION CONTROL DISTRICT IHE BOARD WILL RICONVENE AT ..00 P.M. PUBLIC HEARINGS BOARD OF COUNTY COMMISSIONER' AGENDA WELCOMI ALL MEEIING' ARE IELEVI'ED. PLEASE TURN OFF ALL CELL PHONES AND PACERS PRIOR TO ENTERINC THE COMMISSION CHAMBERS. CENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT ACENDA - 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. RECULAR ACENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINCS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meèting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asRs anyone wishing to spea~ 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 as~ for public comment, (4) further discussion and action by the board. ADDRESSINC THE COMMISSION - Please state your name and address, spea~ing clearly into the microphone. If you have bac~up material, please have eight copies for distribution. NON-ACENDA 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 of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINCS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional wor~shops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worRshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at tn2) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. \w' ...., , BOARD OF COUNTY COMMISSIONER' ~.co.,'-Iuele.fl.u, F..nnle Hutehlnton, CHI.m.n Doug Cowe..eI, Vice Ch.I.m.n lo,eph E. 'mlth P.ul. A. Lewl, Ch.1t CMIt DIt,.lct NO.4 DIt,.lct No. 2 Dltt.le' No. I Dltt.lct No. J DIt,.le' No. S I..I~ 12, 200S 2100 P.M. Invoc.tlon Pleelge of Allegl.nee 1.\, ¡Q~ (t:; (.}J t\~r ') 2. J. 4. s. ,~ 5] u-\ ~ t-~ ~e \ ~~~ ~,D ~~~ ~~~p MINUTE' Approve the minutes of the meeting held on June 28, 2005. PROCLAMATION,/PRE,ENTATION, A. Wings and Wheels Update by Allen Weirman B, Reading of the announcements by the County Administrator GENERAL PUBLIC COM"ENT CON'ENT AGENDA AJJ;~Î()rt f CA I ct--CJ\.2 ~~ eJ SO 45" ~... AD..INISTRATION ~ 'Î)wìA -, - v' 3V -\-es ~~-- 2 S~;th~ß~. ~~er'lt--\r6 D ~IN!~,J Cr~ßr'AMbrlA' Cultural Affairs Council currently has one vacant appointment - Consider staff recommendatibn to select one at large appointment from the candidate applications submitted to fill the vacancy. MANAGEMENT AND BUDGET Approval of millage rates to be submitted to the Property Appraiser and set dates for public hearings. Consider staff recommendation to approve the following: 1. Approve millage rates as outlined on "Worbsheet Analysis of RolI-Bacl~ Millage Rate for Fiscal Year 2005- 2006" under the column headed "2005-2006 proposed millage". 2. Set two public hearings on September 15 and 22 at 5:05 p.m. in the Roger Poitras Administration Annex Commission Chambers. 3. Authorize the County Administrator to be able to modify the millage rates between General Fund and Fine and Forfeiture Fund as long as the total countywide millage rates. Also, authorizing the County Administrator to transmit the millage rates to the Property Appraiser on Form DR-420. 4. Set aggregate millage and the rollbac~ rate for tax year 2005. COUNTY AnORNEY Ordinance 05-031 - Permission to Advertise - Consider staff recommendation to grant permission to advertise Ordinance 05-031 for public hearing on August 2, 2005 at 6:00 p.m. -- ","","" =~--'r ~ THE BOARD OF COUNTY CO..MISSIONER WILL RECESS AFTER THE REGULAR AGINDA ITE.., AND RECONVENE AT ..00 P.... TO ADDRUS THE PUBLIC HEARING ITE.... fu~"'lli ~." W~ H· =""~"" N ~. 'lS.ec~ ~~ a~ ~ ~~~ ~"o ac.~\, Itl}- ~~~~ aD. .~ ~'{iet ~~~)) 'w' "" - ""'" c PUBLIC HEARINGS ..00 P.... ~~"'~ ~-'i 11:1 COUNTY AnORNEY Ordinance No. 05-014 - Amending Occupational License fees to provide for a five percent (5%) increase in the fee schedule. No action is required at this time. The second public hearing will be held on August 2, 2005 at 6:00 p.m. or as soon thereafter as may be heard. MANAGI..ENT AND BUDGET Consider staff recommendation to adopt Budget Resolution No. 05-266 amending the FY05 Budget to reflect the actual beginning cash balances, the revised revenue estimates, and establishing transfers between funds. COUNTY AnORNEY Petition for Abandonment - Resolution No. 05-259 - Abandon a portion of Dunn Road, Section 17, Township 36S, Range 40E - Consider staff recommendation to approve Resolution No. 05-259, instruct staff to publish the final Notice of Abandonment. record Resolution No. 05-259 Proof of Publication of the Notice of Intent to Abandon, Proof of Publication of the Notice of Public Hearing, Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County. GROWTH ..ANAGI..ENT St. Lucie County is proposing to amend the text of the Transportation Element of the Comprehensive Plan to add language to recognize the Florida Scenic Highway Program. Consider staff recommendation that the Board transmit the amendment to the Florida Department of Community Affairs to be included in St. Lucie County's Comprehensive Plan. aE. GROWTH "ANAGE"ENT Œc>n~if\l.t~J +D OJJ,~ L{- .;2o:)S- 01..+ f.o·,OOPJ.^..or ~ ~ if -\-l tt~~':'~'r\-~kP' hew&· ~\(\.v.: Consider a privately submitted bm1rn~Wto iJÌê Future Lañèf1Jse Plan Map (FLUP), requested by Jeffrey fir'! ~ Freedman, to change land use designation of a 40 acre parcel located on east side of S. Kings Highway, north lJ of and adjacent to Ft. Pierce Jai Alai fronton, from Commercial (COM) land use to Residential Medium (RM) land use (maximum 9 units per gross acre). Consider staff recommendation not to transmit the amendment. ~lJ ~~~ ~I \ aG. _~t~ ~~'~.Q GROWTH MANAGE"ENT f\ (, ß (hY\rn. ~oÆ. I'D ~~I.V .6 . Ap~c'åtion 0 oconut C L.L.C. for Final Planned Unit Development approval for a project ~nown as Coconut Cove. Staff finds th the requested Final Planned Unit Development is in substantial conformity with the preliminary plan approved by the Board on substantial conformity with the preliminary plan approved by the Board on October 19, 2004. Consider staff recommendation for approval of Resolution No. 05-144, which grants Final Planned Unit Development approval to the project. GROWTH "ANAGE"ENT Consider a privately submitted amendment to the Future Land Use Plan Map (FLUP), requested by Vero Vista Center, L.L.c., to change land use designation of 46 acre parcel located on east side of US 1, appraximately 1/8 mile south of the St. Lucie/lndian River County Line, from Commercial (COM) land use to Mixed (MXD - High Ridge) land use, subject to limitations of specified sub area policies. Consider staff recommendation to transmit the amendment. N,o·t;<JrJ +0 Cl.Rprovt.. CoC\tìl'\~).- on /, ~JoÐI Cn·J(jb~h'"" .2. :Ç"lorp.r...Hw, ð-P CAJrÁ:f,'cI1\&t( (~I.A4.J(. j. P....ilc He..lng, '.1" 12, 200S Pqe2 '-" ..." SH. GROWTH MANAGEMENT Consider a privately submitted amendment to the Future land Use Plan Map (FlUP), requested by John DiSalvatore (liThe Preserve"), to change land use designation of a 56.9 acre parcel located generally west of Angle Road, east of Canal 29 and Westwood High School, north of Metzger Road, from Industrial (IND) land use to Residential High (RH) land use (maximum 15 units per gross acre). Consider staff recommendation to not transmit the amendment. ~~," IT END OF PUBLIC HEARINGS .. 'k·_" r""""'''''' =,=,»~<.~ '-" ...,.¡ -~ Ii Ii eo ...¡¡ IT~ _immlii: ¡lln! . , CONSENT AGENDA ,"'fi ·!Ihll; ,,*'''' I. WARRANTS Approve Warrant List Nos. 40 and 41. 2. COUNTY AnORNEY A: Resolution No. 05-286 Extending the State of Emergency for Hurricane Frances, and Resolution No. 05-287 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 05-286 and Resolution No. 05-287 and authorize the Chairman to sign the Resolutions. B., Ordinance No. 05-027 - Permission to Advertise - Consider staff recommendation to grant permission to advertise Ordinance No. 05-027 for public hearing on August 2, 2005 at 6:00 p.m. C. Revocable License Agreement - Mr. Joseph Sexton, Sr. - Encroachment in Drainage/Utility Easement - Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Mr. Joseph Sexton to record the document in the Public Records of St. Lucie County, Florida. D. Contract for Sale and Purchase - Indrio North Savanna - Parcel 170 - Ms. Chadwic~, Ms. Howes, Ms. Loftus, Ms. Dipeitro - Consider staff recommendation to reject the Contract For Sale and Purchase with Ms. Chadwicl:?, Ms. Howes, Ms. Loftus Ms. Dipeitro based on the offer being out of the range of value of the appraised value. E. Permission to Advertise - Ordinance No. 05-026 Teen Court Fees - Consider staff recommendation to grant permission to advertise proposed Ordinance No. 05-026 for a public hearing on August 2, 2005 at 6:00 p.m. or as soon thereafter as it may be heard. F. Bear Point Mitigation Ban~ - Credit Purchase Agreement with Destin Beach, Inc. and Ft. Pierce Waterfront Terminals, L.L.C. - Consider staff recommendation to approve the proposed Bear Point Mitigation Ban~ Credit Purchase Agreement with Destin Beach, Inc. and R. Pierce Waterfront Terminals, L.L.C., and authorize the Chairman to sign the Agreement. J. PARKS AND RECREATION A. St. Lucie County School Board Fee Reduction - Consider staff recommendation to approve the School Board's request for a reduction in fees for the rental of the Adam's Ranch Equestrian Arena and approve a total fee of $2,000.00 for its May 22-27, 2006 graduation rehearsals and ceremonies. B. Resolution No. 05-261 - Consider staff recommendation that the Board adopt Resolution No. 05-261, to increase the golf fees rates, establish new criteria for golf league play, and to create a policy for no- shows and cancellations as they relate to advance boo~ings of tee-times. C. Adams Ranch Equestrian Arena seat numbers - Consider staff recommendation to approve the use of $15,579.79 from the left-over "water purification line" dollars to fund the addition of section mar~ers and seat numbers, and authorize the Chairman to sign the contract as drafted by the County Attomey. '-' ....., Consent Agenel. I..I~ 12, 2005 P.ge 2 4. SHERIFF A. FEMA Trailer Camp Reimbursement - Consider staff recommendation for approval of the Sheriff's budget amendment and transfer of funds in the amount of $217,808. B. Livescan Wor~station Grant Application - Request to Apply - Consider staff recommendation to approve the Sheriff's Office request to apply and accept the Florida Department of Law Enforcement's Livescan Wor~station Grant and authorize the Chairperson to sign the required documents. 5. CENTRAL SERVICES A. Centex Rooney/Schen~el Shultz - Roc~ Road Jail Expansion Project Contract Change Order No. 3 - Contract No. C04-04-323 - Consider staff recommendation to approve Change Order No. 3 to Contract No. C04-04-323 with Centex Rooney/Schen~el Shultz to increase the contract time fifteen (15) days for the North Bldg. (Bldg. #1) to provide a substantial completion date of July 29, 2005, and sixteen (16) days for the South Bldg. (Bldg. #2) to provide a substantial completion date of September 7, 2005, and authorize the Chair to sign the Change Order as prepared by the County Attomey. B. Approval to use available Roc~ Road Jail expansion contingency funds in the amount of $23,875.00 for installation of phone lines and data lines in the new jail pods - both north and south buildings and approval to use Gerekom, Inc. Continuing Contract No. C03-09-681 for this wor~. Consider staff recommendation to approve the use of the Roc~ Road Jail Expansion Contingency funds in the amount of $23,875.00 for the installation of phone lines and data lines in the new jail pods and approval to use Gerekom, #C003-09-681, for this wor~. C. Purchase of two (2) spot coolers for use at various locations - Approval of Equipment Requests EQOs-346 & EQ05-347. Consider staff recommendation to approve the use of remaining available funds, budgeted FY 04-05 for equipment purchases, in the amount of $11,060.00, for the purchase of two spot coolers and approve EQOs-346 & EQOs-347. .. ADMINISTRATION A. Early Leaming Coalition - Reappointment of Beth Miller for a second term - Consider staff recommendation to reappoint Beth Miller for a second term to the Early Leaming Coalition of St. Lucie County, Inc. B. Par~ing Lease - Consider staff recommendation to approve the lease and authorize the Chairman to sign the lease. 'I. GRANTS A. Authorize the acceptance of a grant in the amount of $20,000 from the Florida Coastal Management Program and authorize the signing of the grant contract by the Chairman. The funds are to be utilized to construct a fishing/observation pier at Indrio Blueway Lagoon. Consider staff recommendation to authorize the acceptance of the Florida Coastal Management grant and the signing of the grant contract by the Chairman. '-" ....., Con.ent Agenel. '111, 12, 2005 P... J GRANTS CONTINUED B. Authorize the submittal of a grant application to the Florida Department of Agriculture and Consumer Services, Emergency Hurricane Supplemental Urban and Community Forestry Grant Program for $156,000 to help replace trees severely damaged or destroyed as a result of the 2004 hurricanes. Also, approve Resolution 05-289 to authorize St. Lucie County to enter into an Urban and Community Forestry Grant Memorandum of Agreement and a Maintenance Memorandum of Agreement with the State of Florida, Department of Agriculture and Consumer Services, Division of Forestry. C. . Authorize the submittal of a grant application to the Florida Department of Agriculture and Consumer Services, Emergency Hurricane Supplemental Urban and Community Forestry Grant Program for $40,200 to help replace trees severely damaged or destroyed at the County's Fairwinds Golf Course as a result of the 2004 hurricanes. Also, approve Resolution 05-290 to authorize St. Lucie County to enter into an Urban and Community Forestry Grant Memorandum of Agreement and a Maintenance Memorandum of Agreement with the State of Florida, Department of Agriculture and Consumer Services, Division of Forestry. 8. PURCHASING A. Bid #05-048 - Sale of Surplus Computer Equipment - Staff recommends awarding Bid #05-048 - Sale of Surplus Computer Equipment to the highest bidder, Creative Recycling System Co. for a total amount of $750,00. B. Permission to advertise a Request for Proposals for Disaster Debris Monitoring Management and Consulting Services - Consider staff recommendation to grant permission to advertise a Request for Proposals for Disaster Debris Monitoring Management and Consulting Services. C. Permission to advertise an Invitation for Bid (IFB) for EIFS System Removal at Roc~ Road Jail - Consider staff recommendation to grant permission to advertise an Invitation for Bid (IFB) for EIFS System Removal at Roc~ Road Jail. D. Permission to advertise a Request for Qualification (RFQ) for Attomey Special Master for Code Enforcement Division - Consider staff recommendation for approval of request for permission to advertise a Request for Qualification (RFQ) for Attomey Special Master for Code Enforcement Division. E. Award of RFP #05-040 - Concession Services - Staff request permission to negotiate RFP #05-040 - Concession Services with the following vendor, Mira Food Services for the Administrative Complex, permission for the Chairman to sign the contract as prepared by the County Attorney, and reject the proposal from Sterling Facility Services, L.LC for the South County Regional Sports Stadium. Staff also requests permission to re-advertise the RFP for Lownwood Stadium and the South County Regional Sports Stadium. F. Award of RFP #05-060 - Preventive Maintenance Services for Cars and Pic~up Trucbs - Consider staff recommendation to award RFP #05-060 - Preventive Maintenance Services for Cars and Pic~up Truc~s to Steve Bamett and permission for the Chairman to sign the contract as prepared by the County Attomey. G. Permission to advertise an Invitation for Bid (IFB) for Security Camera Systems - Consider staff recommendation to grant permission to advertise an Invitation for Bid (IFB) for Security Camera Systems. · Con.ent Agenel. IIII~ 12, 200S P...4 '-' ...., PURCHASING CONTINUED H. Wor~ Authorization No.7 for Contract C03-02-23s with Hazen and Sawyer, P.C. for Capron Trail Par~ in La~ewood Par~ for the St. Lucie County Par~s and Recreation Department - Consider staff recommendation to approve Wor~ Authorization No. 7 to Contract C03-02-23s with Hazen and Sawyer in the amount of $78,500.00 and authorize the Chairman to sign the Wor~ Authorization as prepared by the County Attorney. 9. PUBLIC WORKS A. Accept the Florida Highway Administration Grant and Budget Resolution No. 05-271 in the amount of $10,845,011.50 (Hurricane Jeanne) - Consider staff recommendation to approve Budget Resolution No. 05-271 and the establishment of a budget for grant proceeds from the Federal Highway Administration in the amount of $10,845,011.50, and authorize the Chairman to sign. B. Acceptance of the Florida Highway Administration Grant and Budget Resolution No. 05-270 in the amount of $12,952,573 (Hurricane Frances) - Consider staff recommendation to approve Budget Resolution No. 05-270 and the establishment of a budget for grant proceeds from the Federal Highway Administration in the amount of $12,952,573, and authorize the Chairman to sign. C. Greenacres M.S.B.U. - Potable Water Improvements - FPUA - Request Permission to Advertise Second Public Hearing - Consider staff recommendation to grant permission to advertise the Second Public Hearing to be held on August 16, 2005 at 6:00 p.m. or as soon thereafter as the matter may be heard. D. Solid Waste Initial Assessment Resolution No. 05-273 - Request Permission to Advertise Public Hearing - Consider staff recommendation to adopt Resolution No. 05-273, a Solid Waste Initial Assessment Resolution and grant permission to advertise a public hearing on August 16, 2005 at 6:00 p.m. or soon thereafter as the matter may be heard. E. Staff requests that the Board approve a reduction in the overall retainage of the Hurricane Debris Removal Project with AshBritt Environmental from ten percent (10%) to five percent (5%) for the remainder of the contract. Approval of the reduction in the overall retainage will release $440,032.37, which will assist the contractor in compensating his subcontractors and assist in finalizing the project. Consider staff recommendation that the Board grant a reduction in the overall retainage from $880,064.47 (10%) to $440,032.37 (5%) for Ash Britt Environmental. F. Staff requests the Board approve a reduction in the overall retainage of the Hurricane Debris Removal project with DRC from ten percent (10%) to five percent (5%) for the remainder of the contract. Approval of the reduction in the overall retainage will release $348,461.64, which will assist the contractor in compensating his subcontractors and assist in finalizing the project. Consider staff recommendation to approve a reduction in the overall retainage from $696,923.29 (10%) to $348,461.64 (5%) for DRC, Inc. 10. MANAGEMENT AND BUDGET Adopt Budget Resolution No. 05-278 amending Budget Resolution No. 04-381 due to scrivener error. Consider staff recommendation to adopt Budget Resolution No. 05-278 amending Budget Resolution 04-381 due to a scrivener error. · Consent Agenel. IIII~ 12, 2005 P.ge I '- ....., II. AGRICULTURE Keep Port St. Lucie Beautiful Reimbursement Funds - Consider staff recommendation to approve Budget Resolution No. 05-276 appropriating funds reimbursed by the City of Port St. Lucie for trees purchased for the Spread the Shade/Plant a Tree Give-Away event. 12. INVESTMENT FOR THE FUTURE A. Renovation of breal? room at St. Lucie West Annex to establish additional Judicial space and Judges Chambers - Consider staff recommendation to approve the use of IFF Funds-Central Services Project Reserves in the amount of $35,000 for the additional judicial space and judges' chambers at the St. Lucie West Annex. B. Approval to use Central Services Capital Project Reserves for the renovation of the State Attorney Empire I - Consider staff recommendation to approve the use of Central Services Capital Project Reserve funds in the amount of $15,000 for the renovation wor~ at the State Attomey-Empire Building. C. Approval to use Central Services Project Reserves for the renovation/remodeling of Central Services Administration Office - Consider staff recommendation to approve the use of Central Services Capital Project Reserve funds in the amount of $50,000 for the renovation/remodeling of Central Services Administration Office. D. Approval of Wor~ Authorization with C3TS (Contract No. C03-02-247) Architectural/Engineering Services for the Walton Road Annex Building - Second floor tenant improvement. Consider staff recommendation to approve the use of Central Services Project Reserves funds in the amount of $26,295.00 for C3TS to provide Architectural/Engineering Services through a Wor~ Authorization/Contract No. C03-02-247. E. Request for approval to use Central Services Project Reserves to conduct assessment on the Civic Center. Consider staff recommendation to approve the use of Central Services Project Reserve Funds and approve to use the vendor, Sun belt Restoration, Inc., to conduct the assessment on the Civic Center at a firm, fixed price of $25.000 and authorize the Chair to sign the contract as prepared by the County Attorney. II. AIRPORT A. Airfield Lighting Rehab - Change Order #3 - Contract Extension of Time - Staff recommends that the Board approve Florida Industrial Electric, Inc. Change Order #3 for a 63-day contract extension for the Airfield Lighting Rehab Project at the St. Lucie County Intemational Airport. B. Wings and Wheels Air Military and Vehicle Show, Airport Use Agreement Amendment - Consider staff recommendation to approve the Use Agreement Amendment with Treasure Coast Victory Children's Home. Inc. to conduct a Wings and Wheels Air Military and Vehicle Show at St. Lucie County Intemational Airport during the final wee~end of March 2006. '-' ...., Con,ent A..nel. IIII~ 12, 2005 P..e 6 14. COMMUNITY SERVICES A. Permission to advertise an Invitation for Bid (lFB) to replace Request for Proposals (RFP) for Community Development Bloc~ Grant (CDBG) Housing Rehabilitation Projects - Staff recommends the Board grant permission to advertise for an IFB to replace RFP for Community Development Bloc~ Grant (CDBG) Housing Rehabilitation Projects. B. Consider staff recommendation for Board approval of the Hurricane Housing Recovery Plan (HHRP) in order to accept the grant funds of $7,296,656, amendment to the SHIP Local Housing Assistance Plan (LHAP), Resolution No. 05-280 adopting the HHRP, Resolution No. 05-285 amending the SHIP LHAP and authorization for the Chair to sign all documents necessary to accept the funding. IS. GROWTH MANAGEMENT Staff request for approval of Equipment Request EQOs-343 for a Dell Laptop and rolling case to be used solely for the new digital recording system for the Planning Division. Consider staff request to approve EQ05-343. NOTICE: All Proceedingl before thil Board are electronically recorded. Any person who decides to appeal any action taben by the Board at these meetlngl 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, individuall testifying during a hearing will be lworn in. Any party to the proceedings will be granted the opportunity to croll-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend thil meeting should contact the St. Lucie County Community Services Manager at (172) 462-1m or TDD (m) 462- 1428 at least forty-eight (48) hours prior to the meeting. '- "" .~. ,. ," ~ "., >«." ~~ ~. . .,. ... ". . . ... '"' lIU", lirh r ..~ """" -.- ANNOUNCEMENTS IIII~ 12, DOS y """" "'"' 1. Meeting Changes: · The July 19, 2005 Board of County Commissioners meeting is canceled. · November 15, 2005 Board of County Commissioners Reorganization meeting will be at 9:00 a.m. · The December 27, 2005 Board of County Commissioners meeting is canceled. 2. The Board of County Commissioners will hold a Wor~shop on Lennard Road on Monday, August 1, 2005 from 2:00 p.m. to 5:00 p.m. in the St. Lucie County Commission Chambers. ' 3. The Board will hold a Conflict Resolution Meeting with the City of Fort Pierce Commission and the Fort Pierce Utility Board on Monday, August 8, 2005 from 2:00 p.m. to 5:00 p.m. in the St. Lucie County Commission Chambers. 4. The Board of County Commissioners and the School Board of St. Lucie County will hold a Joint Meeting on Thursday, August 18, 2005 from 2:00 p.m. to 4:00 p.m. in the Board Room at the School Board Office located at 4204 O~eechobee Road Fort Pierce, FL 34947-5414. s. The Board of County Commissioners, City of Fort Pierce Commission, and the City of Port St. Lucie Council will hold a Joint Meeting on Monday, August 29, 2005 at the City of Fort Pierce Commission Chambers first floor, 100 N. US Hwy. 1, Fort Pierce, Florida 34950 from 2:00 p.m. to 5:00 p.m. 6. The Board of County Commissioners will hold a Wor~shop with Martin County on Tuesday, August 30, 2005 from 9:00 a.m. to noon at the Martin County Commission Chambers located at 2401 SE Monterey Road, Stuart. \w ...., .. -'TTJr"NiiMni§"lH·nrì ~1¡~m II "I ~ III' "¡!'.II~C__._C'_'~" ".,,", r P.II.. A. Lewl., Ch.l.m.n lo.eph E. Smllh, Vlee Ch.l.m.n DOli. Cow..eI F..nnle Hutchln.on Ch.I, C.cdt Dbl.lct No. J Dbl.lct No. I DI.t.lct NO.2 Dbl.lct No.4 Dbt.lct No. I AGENDA IIII~ 12, 2005 I.J t--~~~~ -0 MINUTES Approve the minutes from the meeting held on June 28,2005 2. GENERAL PUBLIC CO....ENT CONSENT AGENDA I. eA \)(oi 0~T6~ WARRANTS LIST Approve Warrants List Nos. 39 and 40 NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. '- ....,¡ ",.,",u"'··"~" " -',,,,CIJlIIIt_lll.C8IItI_td: 1 F..nnle Hlltchln,on, Ch.l.m~ Ch.1t C.__t, Vice Chcd.m.n lo..ph E. Smith DOllg Cow..eI P.III. A. 18wl, I. &I ~~~1ß 2e DI,t.lct No.4 DI,t.lct NO.1 DI,t.lct No. I DI,t.lct NO.2 DI,t.lct No. I AGENDA lul~ 12, 2001 MINUTIS Approve the minutes from the meeting held on June 28, 2005 GENERAL PUBLIC CO....ENT CONSENT AGENDA I. WARRANTS LIST Approve Warrants List Nos. 39 and 40 2e PURCHASING Permission to advertise a Request for Proposal (RFP) for Professional Marine and Engineering Consulting Services. Consider staff request for permission to advertise a Request for Proposal (RFP) for Professional Marine and Engineering Consulting Services. J. PUBLIC WORKS - EROSION ()~~. ~'í6D Artificial Reef Deployment - Approval of Wor~ Authorization No. 1 with McCulley Marine Services, in the amount of $52,000, to deploy concrete doc~ pilings as artificial reef material - Consider staff recommendation for approval of Wor~ Authorization No. 1 with McCulley Marine Services and execution of said agreement by the Chairperson. B. South St. Lucie County Beach Feasibility Phase - Approval of Wor~ Authorization No.2 (C-04-11-631) with Coastal Planning & Engineering, Inc. in the amount of $380,739 to provide professional services necessary to conduct offshore geotechnical investigations to identify sand source(s) for the South County Beach project. Consider staff recommendation for approval of Wor~ Authorization No. 2 (C- 04-11-631) with Coastal Planning & Engineering, Inc. in the amount of $380,739 and execution of said agreement by the Chairperson. C. South St. Lucie County Beach Feasibility Phase - Approval of Wor~ Authorization No.3 (C-04-11-631) with Coastal Planning & Engineering, Inc. in the amount of $203,075 to provide professional services necessary to conduct various environmental studies including near-shore hardbottom mappinglcharacterization for the South County Beach project - Consider staff recommendation for approval of Wom Authorization No. 3 (C-04-11-631) with Coastal Planning & Engineering, Inc. ($203,075) and execution of said agreement by the Chairperson. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taben 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 Community Services Manager at (m) 462-1m or TDD (m) 462- 1428 at least forty-eight (48) hours prior to the meeting. · "" "'wI BOARD OF COUNTY COMMISSIONER' ADDITION' AGINDA Jull' I~ 200S CON'ENI AGENDA CAI. COMMUNITY ,ERVICE. Acceptance of the grant agreement for $3,000,000 funding from the Florida Department of Community Affairs Disaster Recovery Initiative to fund drainage and sewage infrastructure installation for the 26th Street Project and for various eligible CDBO Housing Activities such as new construction, rehabilitation, acquiring property, down-payment assistance, and replacement. Consider staff recommendation to accept and authorize the Chairman to sign all documents necessary for the grant. CA2. COUNTY AnORNEY Ordinance No. 05-030 - Impact Fees for Public Buildings, Roads and Par~s - Consider staff recommendation to grant permission to advertise Ordinance No. 05-030. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 Community Services Manager at tn2) 462-1m or TDD tn2) 462-1428 at least forty-eight (48) hours prior to the meeting. '-" '...I JULY 12, zoos Z.OO P.M. TO ..00P.M. CONSENT ACENDA ITEMS REGULAR ITEMS MOSQUITO CONTROL DISTRICT EROSION CONTROL DISTRICT IHE BOARD WILL RECONVENE AI ..00 P.M. PUBLIC HEARINGS BOARD OF COUNTY COMMISSIONER' AGENDA WELCOME ALL MEEIING. ARE IELEVI'ED. PLEASE TURN OFF ALL CELL PHONES AND PACERS PRIOR TO ENTERINC THE COMMISSION CHAMBERS. CENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT ACENDA - 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. RECULAR ACENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBUC HEARINCS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soan thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and as~s anyone wishing to speal? to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commis~ion 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 as~ for public comment, (4) further discussion and action by the board. ADDRESSINC THE COMMISSION - Please state your name and address, spea~ing clearly into the microphone. If you have bacl?up material, please have eight copies for distribution. NON-ACENDA 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 of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINCS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional worR~hops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worl?shops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. DI,t.ict No.4 Dlst.lct NO.2 Dist.ict No. I Dlst.lct No. I Dlst.ict No.5 '-" BOARD OF COUNTY CO..MI..IONERS www.co..t-luci..fl.II. F.annl. Hlltchin,.n, Chairm.n DOli. Cow..eI, Vice Ch.l.m.n los.ph E. Smith P.ul. A. Lewis Ch.1s C..1t 'III~ 12, 2005 2100 P.M. Invoc.tion Pleel.e of Alle.l.nc. I. MINUTES Approve the minutes of the meeting held on June 28, 2005. 2e PROCLAMATIONS/P.ESENTATlONS A. Wings and Wheels Update by Allen Weirman B. Reading of the announcements by the County Administrator Ie GENE.AL PUBLIC CO....ENT 4. CONSENT AGENDA 'V AD..INIST.ATION Cultural Affairs Council currently ha~ one vacant appointment - Consider staff recommendation to select one at large appointment from the candidate applications submitted to fill the vacancy. ~/ MANAGE"ENT AND BUDGET Approval of millage rates to be submitted to the Property Appraiser and set dates for public hearings. Consider staff recommendation to approve the following: 1. Approve millage rates as outlined on "Wor~sheet Analysis of RolI-Bac~ Millage Rate for Fiscal Year 2005- 2006" under the column headed "2005-2006 propo~ed millage". 2. Set two public hearings on September 15 and 22 at 5:05 p.m. in the Roger Poitras Administration Annex Commission Chambers. 3. Authorize the County Administrator to be able to modify the millage rates between General Fund and Fine and Forfeiture Fund as long as the total countywide millage rates. Also, authorizing the County Administrator to transmit the millage rates to the Property Appraiser on Form DR-420. 4. Set aggregate millage and the rollbac~ rate for tax year 2005. í W COUNTY AnORNEY Ordinance 05-031 - Permission to Advertise - Consider ~taff recommendation to grant permission to adverti~e Ordinance 05-031 for public hearing on August 2, 2005 at 6:00 p.m. THE BOA.D OF COUNTY CO....I..IONE. WILL .ECE" APTER THE .EGULAR AGENDA ITEMS AND .ECONVENE AT 6.00 P.... TO ADDRE" THE PUBLIC HEARING ITEMS. \# '-" "'-" PUBLIC HEARINGS ..00 P.M. COUNTY AnORNEY Ordinance No. 05-014 - Amending Occupational License fees to provide for a five percent (5%) increase in the fee schedule. No action is required at this time. The second public hearing will be held on August 2, 2005 at J 7' or as soon thereafter as may be heard. "(~~EMENT AND BUDGET Consider staff recommendation to adopt Budget Resolution No. 05-266 amending the FYos Budget to reflect the actual beginning cash balances, the revised revenue estilJlates, and establishing transfers between funds. r/ COUNTY AnORNEY Petition for Abandonment - Resolution No. 05-259 - Abandon a portion of Dunn Road, Section 17, Township 365, Range 40E - Consider staff recommendation to approve Resolution No. 05-259, instruct staff to publish the final Notice of Abandonment, record Resolution No. 05-259 Proof of Publication of the Notice of Intent to ~Abandon, Proof of Publication of the Notice of Public Hearing, Proof of Publication of the Notice of bandonment in the Public Records of St. Lucie County. aD GROWTH MANAGEMENT St. Lucie County is proposing to amend the text of the Transportation Element of the Comprehensive Plan to add language to recognize the Florida Scenic Highway Program. Consider staff recommendation that the Board transmit the amendment to the Florida Department of Community Affairs to be included in St. Lucie County's Comprehensive Plan. ¡ t/ jrÞ GROWTH MANAGEMENT Consider a privately submitted amendment to the Future Land Use Plan Map (FLUP), requested by Jeffrey Freedman, to change land use designation of a 40 acre parcel located on east side of S. Kings Highway, north of and adjacent to Ft. Pierce Jai Alai fronton, from Commercial (COM) land use to Residential Medium (RM) land use (maximum 9 units per gr&,c~eÖ~mmendation not to transmit the amendment. GROWTH MANAGEMENT Application of Coconut Cove, L.L.C. for Final Planned Unit Development approval for a project ~nown as Coconut Cove. Staff finds that the requested Final Planned Unit Development is in substantial conformity with the preliminary plan approved by the Board on substantial conformity with the preliminary plan approved by the Board on October 19, 2004. Consider staff recommendation for approval of Resolution No. 05-144, which grants Final Planned Unit¡elOpment approval to the project. __ (oVJa../<Ì GROWTH MANAGEME T Consider a privately submitted amendment to the Future Land Use Plan Map (FLUP), requested by Vero Vista Center, L.L.C., to change land use designation of 46 acre parcel located on east side of US 1, approximately 1/8 mile south of the St. Lucie/Indian River County Line, from Commercial (COM) land use to Mixed (MXD - High Ridge) land use, subject to limitations of specified sub area policies. Consider staff recommendation to transmit the amendment. C vJ 1',-' 0 ",---A Sc/;..~",- b'~~~. ,tJ.-.tr- ß<--~ f.tI ( .~ ,~þ ;- .-4¿/p/J7- /$) æL-c r~C<r1V'L-l_"PC C~d.Lýr ¡,P--o¡F -úG .¡I µ.~ I! i 5, ~~}t''1' [-; 0' ~ I-/.-. r ~. ~ ,_ J-- ~- V' c I t! '?~ (~¡;::¡,~ Î '< '-' .....I PIl..UC He..lns. 'III~ 12, 2005 P.ge 2 ~GIIOW'IIIIIIANAGIN"" Consider a privately submitted amendment to the Future land Use Plan Map (FlUP), requested by John DiSalvatore (liThe Preserve"), to change land use designation of a 56.9 acre parcel located generally west of Angle Road, east of Canal 29 and Westwood High School, north of Metzger Road, from Industrial (IND) land use to Residential High (RH) land use (maximum 15 units per gross acre). Consider staff recommendation to not transmit the amendment, é' ~/.L 5""'¿ ð,...-·' 7 yu " END OF PUBLIC HEARINGS \w' .....,; CONSENT AGENDA I. WARRANTS Approve Warrant List Nos. 40 and 41. 2. COUNTY AnORNEY A. Resolution No. 05-286 Extending the State of Emergency for Hurricane Frances, and Resolution No. 05-287 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 05-286 and Resolution No. 05-287 and authorize the Chairman to sign the Resolutions. B. Ordinance No. 05-027 - Permission to Advertise - Consider staff recommendation to grant permission to advertise Ordinance No. 05-027 for public hearing on August 2, 2005 at 6:00 p.m. C. Revocable License Agreement - Mr. Joseph Sexton, Sr. - Encroachment in Drainage/Utility Easement - Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Mr. Joseph Sexton to record the document in the Public Records of St. Lucie County, Florida. D. Contract for Sale and Purchase - Indrio North Savanna - Parcel 170 - Ms. Chadwic~, Ms. Howes, Ms. Loftus, Ms. Dipeitro - Consider staff recommendation to reject the Contract For Sale and Purchase with Ms. Chadwic~, Ms. Howes, Ms. Loftus Ms. Dipeitro based on the offer being out of the range of value of the appraised value. E. Permission to Advertise - Ordinance No. 05-026 Teen Court Fees - Consider staff recommendation to grant permission to advertise proposed Ordinance No. 05-026 for a public hearing on August 2, 2005 at 6:00 p.m. or as soon thereafter as it may be heard. F. Bear Point Mitigation Ban~ - Credit Purchase Agreement with Destin Beach, Inc. and Ft. Pierce Waterfront Terminals, L.LC. - Consider staff recommendation to approve the proposed Bear Point Mitigation BanR Credit Purchase Agreement with Destin Beach, Inc. and Ft. Pierce Waterfront Terminals, L.L.C., and authorize the Chairman to sign the Agreement. Ie PARKS AND RECREATION A. St. Lucie County School Board Fee Reduction - Consider staff recommendation to approve the School Board's request for a reduction in fees for the rental of the Adam's Ranch Equestrian Arena and approve a total fee of $2,000.00 for its May 12-27, 2006 graduation rehearsals and ceremonies. B. Resolution No. 05-261 - Consider staff recommendation that the Board adopt Resolution No. 05-261, to increase the golf fees rates, establish new criteria for golf league play, and to create a policy for no- shows and cancellations as they relate to advance boo~ings of tee-times. C. Adams Ranch Equestrian Arena seat numbers - Consider staff recommendation to approve the use of $15,579.79 from the left-over "water purification line" dollars to fund the addition of section mar~ers and seat numbers, and authorize the Chairman to sign the contract as drafted by the County Attorney. Consent A.encla '111, 12, ZOOS P..e 2 \wi '.J .. SHERIFF A. FEMA Trailer Camp Reimbursement - Consider staff recommendation for approval of the Sheriff's budget amendment and transfer of funds in the amount of $217,808. B. Livescan Wor~station Grant Application - Request to Apply - Consider staff recommendation to approve the Sheriff's Office request to apply and accept the Florida Department of Law Enforcement's Livescan Wor~station Grant and authorize the Chairperson to sign the required documents. 5. CENTRAL SERVICES A. Centex Rooney/Schen~el Shultz - Roc~ Road Jail Expansion Project Contract Change Order No. 3 - Contract No. C04-04-323 - Consider staff recommendation to approve Change Order No. 3 to Contract No. C04-04-323 with Centex Rooney/Schen~el Shultz to increase the contract time fifteen (15) days for the North Bldg. (Bldg. #1) to provide a substantial completion date of July 29, 2005, and sixteen (16) days for the South Bldg. (Bldg. #2) to provide a substantial completion date of September 7, 2005, and authorize the Chair to sign the Change Order as prepared by the County Attorney. B. Approval to use available Roc~ Road Jail expansion contingency funds in the amount of $23,875.00 for installation of phone lines and data lines in the new jail pods - both north and south buildings and approval to use Gerelcom, Inc. Continuing Contract No. C03-09-681 for this wor~. Consider staff recommendation to approve the use of the Roc~ Road Jail Expansion Contingency funds in the amount of $23,875.00 for the installation of phone lines and data lines in the new jail pods and approval to use Gerelcom. #C003-09-681, for this wor~. C. Purchase of two (2) spot coolers for use at various locations - Approval of Equipment Requests EQ05-346 & EQ05-347. Consider staff recommendation to approve the use of remaining available funds, budgeted FY 04-05 for equipment purchases, in the amount of $11,060.00, for the purchase of two spot coolers and approve EQ05-346 & EQOs-347. e. ADMINISTRATION A. Early Learning Coalition - Reappointment of Beth Miller for a second term - Consider staff recommendation to reappoint Beth Miller for a second term to the Early Learning Coalition of St. Lucie County, Inc. B. Par~ing Lease - Consider staff recommendation to approve the lease and authorize the Chairman to sign the lease. 7. GRANTS A. Authorize the acceptance of a grant in the amount of $20,000 from the Florida Coastal Management Program and authorize the signing of the grant contract by the Chairman. The funds are to be utilized to construct a fishing/observation pier at Indrio Blueway Lagoon. Consider staff recommendation to authorize the acceptance of the Florida Coastal Management grant and the signing of the grant contract by the Chairman. Consent Agencl. JIII~ 12, 2005 P..eJ \.f ....,¡ GRANTS CONTINUED B. Authorize the submittal of a grant application to the Florida Department of Agriculture and Consumer Services, Emergency Hurricane Supplemental Urban and Community Forestry Grant Program for $156,000 to help replace trees severely damaged or destroyed as a result of the 2004 hurricanes. Also, approve Resolution 05-289 to authorize St. Lucie County to enter into an Urban and Community Forestry Grant Memorandum of Agreement and a Maintenance Memorandum of Agreement with the State of Florida, Department of Agriculture and Consumer Services, Division of Forestry. C. Authorize the submittal of a grant application to the Florida Department of Agriculture and Consumer Services, Emergency Hurricane Supplemental Urban and Community Forestry Grant Program for $40,200 to help replace trees severely damaged or destroyed at the County's Fairwinds Golf Course as a result of the 2004 hurricanes. Also, approve Resolution 05-290 to authorize St. Lucie County to enter into an Urban and Community Forestry Grant Memorandum of Agreement and a Maintenance Memorandum of Agreement with the State of Florida, Department of Agriculture and Consumer Services, Division of Forestry. .. PURCHASING A. Bid #05-048 - Sale of Surplus Computer Equipment - Staff recommends awarding Bid #05-048 - Sale of Surplus Computer Equipment to the highest bidder, Creative Recycling System Co. for a total amount of $750.00. B. Permission to advertise a Request for Proposals for Disaster Debris Monitoring Management and Consulting Services - Consider staff recommendation to grant permission to advertise a Request for Proposals for Disaster Debris Monitoring Management and Consulting Services. C. Permission to advertise an Invitation for Bid (lFB) for EIFS System Removal at Roc~ Road Jail - Consider staff recommendation to grant permission to advertise an Invitation for Bid (lFB) for EIFS System Removal at Roc~ Road Jail. D. Permission to advertise a Request for Qualification (RFQ) for Attorney Special Master for Code Enforcement Division - Consider staff recommendation for approval of request for permission to advertise a Request for Qualification (RFQ) for Attorney Special Master for Code Enforcement Division. E. Award of RFP #05-040 - Concession Services - Staff request permission to negotiate RFP #05-040 - Concession Services with the following vendor, Mira Food Services for the Administrative Complex, permission for the Chairman to sign the contract as prepared by the County Attorney, and reject the proposal from Sterling Facility Services, LL.C for the South County Regional Sports Stadium. Staff also requests permission to re-advertise the RFP for Lawnwood Stadium and the South County Regional Sports Stadium. F. Award of RFP #05-060 - Preventive Maintenance Services for Cars and Pic~up Truc~s - Consider staff recommendation to award RFP #05-060 - Preventive Maintenance Services for Cars and Pic~up Truc~s to Steve Barnett and permission for the Chairman to sign the contract as prepared by the County Attorney. G. Permission to advertise an Invitation for Bid (lFB) for Security Camera Systems - Consider staff recommendation to grant permission to advertise an Invitation for Bid (IFB) for Security Camera Systems. Con,ent A.enela IIII~ 12, 2005 P.ge 4 '- ...í PURCHASING CONTINUED H. Wor~ Authorization No.7 for Contract C03-02-235 with Hazen and Sawyer, P.C. for Capron Trail Par~ in La~ewood Par~ for the St. Lucie County Par~s and Recreation Department - Consider staff recommendation to approve Wor~ Authorization No.7 to Contract C03-02-235 with Hazen and Sawyer in the amount of $78,500.00 and authorize the Chairman to sign the Wor~ Authorization as prepared by the County Attorney. e. PUBLIC WORKS A. Accept the Florida Highway Administration Grant and Budget Resolution No. 05-271 in the amount of $10,845,011.50 (Hurricane Jeanne) - Consider staff recommendation to approve Budget Resolution No. 05-271 and the establishment of a budget for grant proceeds from the Federal Highway Administration in the amount of $10,845,011.50, and authorize the Chairman to sign. B. Acceptance of the Florida Highway Administration Grant and Budget Resolution No. 05-270 in the amount of $12,952,573 (Hurricane Frances) - Consider staff recommendation to approve Budget Resolution No. 05-270 and the establishment of a budget for grant proceeds from the Federal Highway Administration in the amount of $12,952,573, and authorize the Chairman to sign. C. Greenacres M.s.B.U. - Potable Water Improvements - FPUA - Request Permission to Advertise Second Public Hearing - Consider staff recommendation to grant permission to advertise the Second Public Hearing to be held on August 16, 2005 at 6:00 p.m. or as soon thereafter as the matter may be heard. D. Solid Waste Initial Assessment Resolution No. 05-273 - Request Permission to Advertise Public Hearing - Consider staff recommendation to adopt Resolution No. 05-273, a Solid Waste Initial Assessment Resolution and grant permission to advertise a public hearing on August 16, 2005 at 6:00 p.m. or soon thereafter as the matter may be heard. E. Staff requests that the Board approve a reduction in the overall retainage of the Hurricane Debris Removal Project with AshBritt Environmental from ten percent (10%) to five percent (5%) for the remainder of the contract. Approval of the reduction in the overall retainage will release $440,032.37, which will assist the contractor in compensating his subcontractors and assist in finalizing the project. Consider staff recommendation that the Board grant a reduction in the overall retainage from $880,064.47 (10%) to $440,032.37 (5%) for AshBritt Environmental. F. Staff requests the Board approve a reduction in the overall retainage of the Hurricane Debris Removal project with DRC from ten percent (10%) to five percent (5%) for the remainder of the contract. Approval of the reduction in the overall retainage will release $348,461.64, which will assist the contractor in compensating his subcontractors and assist in finalizing the project. Consider staff recommendation to approve a reduction in the overall retainage from $696,923.29 (10%) to $348,461.64 (5%) for DRC, Inc. 10. MANAGEMENT AND BUDGET Adopt Budget Resolution No. 05-278 amending Budget Resolution No. 04-381 due to scrivener error. Consider staff recommendation to adopt Budget Resolution No. 05-278 amending Budget Resolution 04-381 due to a scrivener error. Consent A,end. 'III, 12, 2005 P.,e 5 -.. "..i II. AGRICULTURE Keep Port St. Lucie Beautiful Reimbursement Funds - Consider staff recommendation to approve Budget Resolution No. 05-276 appropriating funds reimbursed by the City of Port St. Lucie for trees purchased for the Spread the Shade/Plant a Tree Give-Away event. 12. INVESTMENT FOR THE FUTURE A. Renovation of brea~ room at St. Lucie West Annex to establish additional Judicial space and Judges Chambers - Consider staff recommendation to approve the use of IFF Funds-Central Services Project Reserves in the amount of $35,000 for the additional judicial space and judges' chambers at the St. Lucie West Annex. B. Approval to use Central Services Capital Project Reserves for the renovation of the State Attomey Empire I - Consider staff recommendation to approve the use of Central Services Capital Project Reserve funds in the amount of $15,000 for the renovation wor~ at the State Attorney-Empire Building. C. Approval to use Central Services Project Reserves for the renovation/remodeling of Central Services Administration Office - Consider staff recommendation to approve the use of Central Services Capital Project Reserve funds in the amount of $50,000 for the renovation/remodeling of Central Services Administration Office. D. Approval of Wor~ Authorization with C3TS (Contract No. C03-02-247) Architectural/Engineering Services for the Walton Road Annex Building - Second floor tenant improvement. Consider staff recommendation to approve the use of Central Services Project Reserves funds in the amount of $26,295.00 for C3TS to provide Architectural/Engineering Services through a Wor~ Authorization/Contract No. C03-02-247. E. Request for approval to use Central Services Project Reserves to conduct assessment on the Civic Center. Consider staff recommendation to approve the use of Central Services Project Reserve Funds and approve to use the vendor, Sunbelt Restoration, Inc., to conduct the assessment on the Civic Center at a firm, fixed price of $25,000 and authorize the Chair to sign the contract as prepared by the County Attorney. I" AIRPORT A. Airfield Lighting Rehab - Change Order #3 - Contract Extension of Time - Staff recommends that the Board approve Florida Industrial Electric, Inc. Change Order #3 for a 63-day contract extension for the Airfield Lighting Rehab Project at the St. Lucie County International Airport. B. Wings and Wheels Air Military and Vehicle Show, Airport Use Agreement Amendment - Consider staff recommendation to approve the Use Agreement Amendment with Treasure Coast Victory Children's Home, Inc. to conduct a Wings and Wheels Air Military and Vehicle Show at St. Lucie County Intemational Airport during the final wee~end of March 2006. -... .....,¡ Consent: Asend. IIII~ IZ, 2005 P.se 6 14. COMMUNITY SERVICES A. Permission to advertise an Invitation for Bid (lFB) to replace Request for Proposals (RFP) for Community Development Bloc~ Grant (CDBG) Housing Rehabilitation Projects - Staff recommends the Board grant permission to advertise for an IFB to replace RFP for Community Development Bloc~ Grant (CDBG) Housing Rehabilitation Projects. B. Consider staff recommendation for Board approval of the Hurricane Housing Recovery Plan (HHRP) in order to accept the grant funds of $7,296,656, amendment to the SHIP Local Housing Assistance Plan (LHAP), Resolution No. 05-280 adopting the HHRP, Resolution No. 05-285 amending the SHIP LHAP and authorization for the Chair to sign all documents necessary to accept the funding. 15. GROWTH MANAGEMENT Staff request for approval of Equipment Request EQOs-343 for a Dell Laptop and rolling case to be used solely for the new digital recording system for the Planning Division. Consider staff request to approve EQ05-343. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 Community Services Manager at (772) 462-1777 or TDD (;T72) 462- 1428 at least forty-eight (48) hours prior to the meeting. "-' ~ ANNOUNCEMENTS JIII~ 12, 2005 1. Meeting Changes: · The July 19, 2005 Board of County Commissioners meeting is canceled. · November 15, 2005 Board of County Commissioners Reorganization meeting will be at 9:00 a.m. · The December 27, 2005 Board of County Commissioners meeting is canceled. 2. The Board of County Commissioners will hold a Wor~shop on Lennard Road on Monday, August 1, 2005 from 2:00 p.m. to 5:00 p.m. in the St. Lucie County Commission Chambers. 3. The Board will hold a Conflict Resolution Meeting with the City of Fort Pierce Commission and the Fort Pierce Utility Board on Monday, August 8, 2005 from 2:00 p.m. to 5:00 p.m. in the St. Lucie County Commission Chambers. 4. The Board of County Commissioners and the School Board of St. Lucie County will hold a Joint Meeting on Thursday, August 18, 2005 from 2:00 p.m. to 4:00 p.m. in the Board Room at the School Board Office located at 4204 O~eechobee Road Fort Pierce, FL 34947-5414. 5. The Board of County Commissioners, City of Fort Pierce Commission, and the City of Port St. Lucie Council will hold a Joint Meeting on Monday, August 29, 2005 at the City of Fort Pierce Commission Chambers first floor, 100 N. US Hwy. 1, Fort Pierce, Florida 34950 from 2:00 p.m. to 5:00 p.m. 6. The Board of County Commissioners will hold a Worbshop with Martin County on Tuesday, August 30, 2005 from 9:00 a.m. to noon at the Martin County Commission Chambers located at 2401 SE Monterey Road, Stuart. -.. '..I BOARD OF COUNTY COMMISSIONER' ADDIIION. AGENDA Jul.l~ 2005 CON'ENI AGENDA CAI. COMMUNIIY,ERVICE, Acceptance of the grant agreement for $3,000,000 funding from the Florida Department of Community Affairs Disaster Recovery Initiative to fund drainage and sewage infrastructure installation for the 26th Street Project and for various eligible CDBC Housing Activities such as new construction, rehabilitation, acquiring property, down-payment assistance, and replacement. Consider staff recommendation to accept and authorize the Chairman to sign all documents necessary for the grant. CA2. COUNTY AnORNIY Ordinance No. 05-030 - Impact Fees for Public Buildings, Roads and Parbs - Consider staff recommendation to grant permission to advertise Ordinance No. 05-030. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action ta~en by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that 0 verbatim record of the proceedings is made. Upon the request of any party to the proceedings. individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-rrn or TDD (;T2) 462-1428 at least forty-eight (48) hours prior to the meeting. /' ~ 'wII AGENDA REOUEST ITEM NO: Additions C- A \ DATE: July 12,2005 Regular[ ] Public Hearing [ ] Consent [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services PRESENTED BY: John Franklin, Housing Manager SUBJECT: Acceptance of the grant agreement for $3,000,000 funding from the Florida Department of Community Affairs Disaster Recovery Initiative to fund drainage and sewage infrastructure installation for the 26th Street Project and for various eligible CDBG Housing Activites such as new construction, rehabilitation, acquiring property, down-payment assistance, and replacement. BACKGROUND: On March 22, 2005 the Board approved submission of the application. Florida Department of Community Affairs announced the Action Plan for the Use of Disaster Recovery Funds. FUNDS AVAIL: There is no match required for this grant. PREVIOUS ACTION: The application was approved March 22,2005 by the Board. RECOMMENDATION: Accept aud authorize the Chair sign all documents necessary for the grant. pc] APPROVED [] DENIED [ ] OTHER Approved 5-0 COMMISSION ACTION: & Coordination/Si 0,00",_'>", ~œ,",'","""'" ,L,?íO Ongmatll1g Department: .J 0 er: \ Finance: x Check for copy only, if applicable unhasing: x Oher: \w; , < ...., STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor THADDEUS L COHEN, AlA Secretary June 30, 2005 The Honorable Fannie Hutchinson Chair, St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 34982 ~~~t~~~[Q) ·,·"-----,,·......___.....___w_~_~.,~.. __ ~ n \0 Dear Chair Hutchinson: I am pleased to inform you that your application for the 2005 CommÙnifýbèïiëilopmenfSlock Grant Supplemental Disaster Recovery Initiative (DRI) funds in the amount of $3,000,000 is approved for funding. I congratulate you on preparing an application that addresses your community's disaster recovery needs. To facilitate the execution of your award, please complete the enclosed Agreement and required forms. The Agreement and forms must be returned to the Department by August 15, 2005. Directions for obtaining signatures on the Agreement and completing the forms are provided. If it is necessary for your local government to approve this Agreement during a full commission meeting, we recommend that your staff initiate the procedure for adding this item to the next agenda. The Department has assembled a DRI team dedicated to assisting our communities with successful implementation of their recovery projects. We welcome your questions and requests for assistance. To ensure your access to information and assistance, Shannon Shiver (850/410-0215), has been assigned as your representative. In addition, you may contact Monya Newmyer, Florida Small Cities CDBG Program Manager with any questions. You may re ch our office at (850) 487-3644. JB/cm . unity Development Enclosures cc: Douglas M. Anderson County Administrator, 51. Lucie County Nancy Phillips President, CEO, Nancy Phillips & Associates 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas Highway, Suite 212 Marathon, FL 33050-2227 (305) 289-2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 488-2356 EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 413-9969 HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 488-7956 """ 'wi Contract Number: 06DB-3C-10-66-01-W 32 CFDA Number: 14.228 FEDERALLY -FUNDED DISASTER RECOVERY SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and St. Lucie County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these grant funds from the U. S. Department of Housing and Urban Development, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A, the Activity Work Plan(s) by service area, Attachment B of this Agreement, and the Grant Application, which was due on April 4, 2005, and submitted by the Recipient including subsequent revisions that are mutually agreed to by both parties, which are incorporated herein by reference ("the Grant Application"). (2) INCORPORATION OF LAWS, RULES. REGULATIONS AND POLICIES Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment C. 1 '-'" 'wi (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties, and shall end twenty-four (24) months after the last date signed, unless terminated earlier in accordance with the provisions of Paragraph (10) of this Agreement CONTRACT EXTENSIONS WILL NOT BE GRANTED UNLESS RECIPIENT IS ABLE TO PROVIDE SUBSTANTIAL JUSTIFICATION AND THE DIVISION DIRECTOR APPROVES SUCH EXTENSION. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement Changes, which are mutually agreed upon, shall be valid only when reduced to writing, duly signed by each of the parties hereto, 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, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-8?, "Cost Principles for State and Local Governments," OMS Circular No. A-21, "Cost Principles for Educational Institutions," or OMS Circular No. A-122, "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 demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided 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, Chief Financial Officer, or Auditor General access to such records upon request The Recipient shall ensure that audit working papers are made available to the Department or its designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 2 '" ....,; 1. If any litigation, claim or audit is started before the expiration of the five-year period and extends beyond the five-year period, the records will be maintained until alllitig'3tion, 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 of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing 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 supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work, Attachment A, Attachment B, Activity Work Plan(s), the Grant Application and subsequent revisions that are mutually agreed to by both parties, 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 be construed according to the circumstances but ordinarily shall 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 all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m, local time, Monday through Friday. 3 '-' ,..", (c) The Recipient shall also 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 OMS Circular A-133, as revised, 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 OMS Circular A-133, as revised. EXHISIT 1 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 OMS Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMS Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in Paragraph 6(d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMS Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMS Circular A-133, as revised, by or on behalf of the Recipient directlv to each of the following: 4 '" ....,,¡ The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Small Cities Community Development Block Grant Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-133, as revised, (t) Pursuant to Section .320 (f), 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, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Small Cities Community Development Block Grant Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) 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 5 "" '-II 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. (h) Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMS 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 Recipient in correspondence accompanying the reporting package. (i) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, 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 (30) days after the Department has notified the Recipient of such non-compliance. U) The Recipient shall have all audits completed by an independent certified pUblic accountant (IPA) who shall either be 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 submitted to the Department no later than seven (7) months from the end of the Recipient's fiscal year. (7) REPORTS (a) At a minimum, the Recipient shall provide the Department with quarterly progress reports, and with a closeout report. (b) Quarterly progress reports are due to be received by the Department no later than fifteen (15) days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 15, June 15, September 15 and December 15. (c) The closeout report is due forty-five (45) days after termination of this Agreement or upon completion of the activities contained in this Agreement, whichever first occurs. 6 '-' .....1 (d) If all required reports and copies, prescribed above, 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 such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Department" means that the work product was completed in accordance with the Budget and Scope of Work and the Activity Work Plan(s), Attachments A and B of the Agreement, and the Grant Application and subsequent revisions that are mutually agreed to by both parties. (e) The Recipient shall provide such additional program updates or information as may be required by the Department. (f) The Recipient shall comply with the Environmental Assessment and Request for Release of Funds process as set forth in 24 C.F.R. Part 58 within 90 days from the date of execution of this Agreement. (g) The Recipient shall provide additional reports and information as identified in Attachment D. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, sUbrecipients, and consultants who are paid with funds under this Agreement, to ensure that time schedules are met, the Budget, Scope of Work and Grant Application activities are accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachments A and B of this Agreement and the Grant Application including subsequent revisions that are mutually agreed to by both pa rties. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above), 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, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the 7 '-" ....I 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 instm;tions 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 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 shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall hold the Department harmless against all claims of whatever nature by third parties arising out of the performance of work 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 who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. 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 DepartmenUo make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth in Paragraph 11, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 8 ~ -...I (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time 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 Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in Paragraph (13) herein; (b) Commence 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) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance; 9 "" ..." 2. issuing a written notice of noncompliance to advise that more serious measures may be taken if the situation is not corrected; 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question; or 4. requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the Department any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program. (f) Exercise any other rights or remedies which may be otherwise available under law. (g) The pursuit of anyone of the above remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. (12) TERMINATION (a) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, 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 may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. 10 '" ...,¡ (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) When 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 the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as 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 Department contract manager for this Agreement is: Shannon Shiver Department of Community Affairs Small Cities Community Development Block Grant Program Disaster Recovery Initiatives 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850/410-0215 Fax: 850/922-5609 Email: shannon.shiver@dca.state.f1.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Telephone: Fax: Email: 11 ~ ...., (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 rendered as provided in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department within ninety (90) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement to the extent applicable to the subcontract, (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. Each subcontractor's progress in performing its work under this Agreement shall be documented in the quarterly report submitted by the Recipient. (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 herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work Attachment B - Activity Work Plan(s) Attachment C - Program Statutes, Regulations and Program Conditions Attachment D - Reporting Requirements Attachment F - Warranties and Representations 12 '-' ..,J Attachment H - Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Attachment J - Special Conditions Attachment K - FloridaPAPERS 10 and Password Request Login Form (17) FUNDING/CONSIDERATION (a) The funding for this Agreement shall not exceed $3,000,000 subject to the availability of funds. (b) The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement, and the Grant Application including revisions. (c) All funds shall be requested electronically through FloridaPAPERS. The Recipient must complete a FloridaPAPERS 10 and Password Request Login Form, Attachment K of this Agreemenrt, identifying an individual authorized to submit a Request For Funds (RFFs) on behalf of the Recipient utilizing the intuitive web portal. (d) Pursuant to 24 C.F.R. Section 570.489(b), pre-agreement costs reflected in the grant application as originally submitted that relate to preparation of the Grant Application are considered eligible costs and may be reimbursed to the Recipient, if they are otherwise in compliance with all other requirements of this contract. (e) Funds expended for otherwise eligible activities prior to the effective date of the Agreement, except for those provided for in this Agreement or prior to the effective date of the enabling amendment wherein the Department agrees to their eligibility, fundability, or addition to the Agreement, is ineligible for funding with Disaster funds. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, all obligations on the part of the Department to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Department. 13 ",. "'WI (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 Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (19) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. (20) STANDARD 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 subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) 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. 14 '-' -..J (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 lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shàll be deemed 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 terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone 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.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate 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 Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide 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 award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 15 ~ ~ (h) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient 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 five-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 18(h)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall submit to the Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment H) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by the Department prior to the Recipient entering into a contract with any prospective subcontractor. SUBMISSION OF ATTACHMENT H DOES NOT PRECLUDE THE RECIPIENT'S COMPLETION AND SUBMISSION OF THE "BIDDING INFORMATION AND CONTRACTOR ELIGIBILITY FORM." 16 ""' 'WI (i) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the L:egislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. OJ All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (k) If otherwise allowed under this Agreement, all bills for any travel expenses Shall be submitted in accordance with Section 112.061, Fla. Stat. (I) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (m) 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. (n) 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 shall be grounds for unilateral cancellation of this Agreement by the Department. (21) LOBBYING PROHIBITION (a) No funds or other resources received from the Department in connection with 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: 17 ~ "wi 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 co'nnection 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 employ.ee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification 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. 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. (22) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE 18 "" ...., OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement 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 arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant 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 property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement (23) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement 19 "'" 'wi (24) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment I. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. RECIPIENT: 51. Lucie County BY: Name and title: Date: FID#: 5T ATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Name and Title: Janice Browninq, Director Division of Housina and Community Development Date: 20 ~ ...., EXHIBIT 1 Federal Resources awarded to the Recipient pursuant to this Agreement consist of the following: Federal Program: U.S. Department of Housing and Urban Development CFDA #14.228 $3,000,000 Compliance requirements applicable to the federal resources awarded pursuant to this Agreement are as follows: Note: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shO\vn below. Federal Program: The Recipient will fully perform the obligations in accordance with the Budget and Scope of Work, Attachments A and B of this Agreement and the Application incorporated herein by reference. 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Attachment B Activity Work Plan(s) 23 "" ...., Attachment C State and Federal Statutes, Regulations and Program Conditions By signature of this Agreement, the local government hereby certifies that it will comply with the following applicable federal and state requirements: Section I: State and Federal Statutes and Regulations 2. 4. 6. 1. Community Development Block Grant, Final Rule, 24 35. C.F.R, Part 570; Florida Small and Minority Business Act, s. 288.702- 288.714, F.S.; 36. Florida Coastal Zone Protection Act, s. 161.52-161.58, 37. F,S.; 38. Local Government Comprehensive Planning and Land 39. Development Regulation Act, Ch. 163, F.S.; Tille I of the Housing and Community Development Act 40. of 1974, as amended Treasury Circular 1075 regarding drawdown of CDBG 41. funds Sections 290.0401-290.049, F.S.; Rule Chapter 9B-43, Fla. Admin. Code.; 42. Department of Community Affairs Technical Memorandums; HUD Circular Memorandums applicable to the Small 43. Cities CDBG Program; 44. Single Audit Act of 1984; National Environmental Policy Act of 1969 and other 45. provisions of law which further the purpose of this Act; National Historic Preservation Act of 1966 (Public 46. Law89-665) as amended and Protection of Historic Properties (24 47. C.F.R. Part 800); 48. Preservation of Archaeological and Historical Data Act 49. of 1966; Executive Order 11593 - Protection and Enhancement 50. of Cultural Environment; Reservoir Salvage Act; Safe Drinking Water Act of 1974, as amended; 51. Endangered Species Act of 1958, as amended; Executive Order 12898 - Environmental Justice 52. Executive Order 11988 and 24 C.F.R. Part 55 - 53. Floodplain Management; The Federal Water Pollution Control Act of 1972, as amended (33 U.S.C., s. 1251 et.seq.); 54. Executive Order 11990 - Protection of Wetlands; Coastal Zone Management Act of 1968, as amended; Wild and Scenic Rivers Act of 1968, as amended; 55. Clean Air Act of 1977; 56. HUD Environmental Standards (24 CFR. Part 58); 57. Farmland Protection Policy Act of 1981; Clean Water Act of 1977; 58. Davis - Bacon Act; 59. Contract Work Hours and Safety Standards Act of 1962,40 US.C. s. 327 et. seq.; 60. The Wildlife Coordination Act of 1958, as amended; The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975 (42 61. U.S.C., s. 6901 et. seq.); Noise Abatement and Control: Departmental Policy 62. Implementation, Responsibilities, and Standards, 24 C.FR Part 51, Subpart B; Flood Disaster Protection Act of 1973, P L 92-234; 3. 5. 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. 24 Protection of Historic and Cultural Properties under HUD Programs. 24 C.F.R. Part 59; Coastal Zone Management Act of 1972, PL 92-583; Architectural and Construction Standards; Architectural Barriers Act of 1968, 42 U.S.C. 4151; Executive Order 11296, relating to evaluation of flood hazards; Executive Order 11288. relating to prevention, control and abatement of water pollution; Cost-Effective Energy Conservation Standards, 24 C.F.R. Part 39; Section 8 Existing Housing Quality Standards. 24 CFR Part 882; Coastal Barrier Resource Act of 1982; Federal Fair Labor Standards Act, 29 U.S.C., s. 201 et. seq.; Title VI of the Civil Rights Act of 1964 - Non- discrimination; Title VII of the Civil Rights Act of 1968 - Non- discrimination in housing; Age Discrimination Act of 1975; Executive Order 12892- Fair Housing Section 109 of the Housing and Community Development Act of 1974, Non-discrimination; Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R. Part 8; Executive Order 11063 - Equal Opportunity in Housing; Executive Order 11246 - Non-discrimination; Section 3 of the Housing and Urban Development Act of 1968, as amended - EmploymentfTraining of Lower Income Residents and Local Business Contracting; Uniform Reiocation Assistance and Real Property Acquisition Policies Act of 1970, PL, 100-17, and 49 C.F.R. Part 24; Copeland Anti-Kickback Act of 1934; Hatch Act; Title IV Lead·Based Paint Poisoning Prevention Act (42 U.S.C., s. 1251 et. seq.); OMBCirculars A-87, A-122, and A-133, as revised; Administrative Requirements for Grants, 24 C.F.R Part 85; Section 102 of the Department of Housing and Urban Development Reform Act of 1989 and 24 C.FR Part 12; Emergency Rule 9BER05-2, CDBG Disaster Recovery Funds; HUD program requirements for disaster recovery projects as published in Federal Register, Vol 69, No. 237 (December 10, 2004) [Docket No. FR-4959- N-01]. '-' .....I Section II: Program Conditions - Disaster Recovery Initiative Program 1. Prior to the obligation or disbursement of any funds, except for administrative expenses not to exceed Fifteen Thousand Dollars ($15,000), but in any case, no later than ninety-days (90) from the effective date of this Agreement, the Recipient shall complete the following: a. Comply with procedures set forth in 24 C.F.R. Part 58, Environmental Review Procedures for Title I Community Development Block Grant Programs and 40 C. F.R. Section 1500-1508, National Environmental Policy Act Regulations. V\lhen this condition has been fulfilled to the satisfaction of the Department, the Department will issue a Notice of Removal of Environmental Conditions; b. If special assessments or impact fees are to be charged to each household that is to be hooked up to the sewage system, document the source of those funds and that they are dedicated to the project for the purpose of funding said special assessments or impact fees; c. The Recipient shall not enter into a contract to be paid with Disaster funds based on a sole source or single proposal procurement action without prior written approval from the Department. Failure to secure the prior written approval shall relieve the Department of any obligation to fund the said procurement contract. Any previous payments to the Recipient to fund said contract shall be ineligible and shall be repaid to the Department by the Recipient; and d. The documentation required in paragraph 3 below for any professional services contract procured prior to the start date of this agreement. e. Submit to the Department copies of all adopted required policies not provided at the time of original Application, which the Recipient certified would be adopted. Also, unless submitted with the grant application or reviewed at the site visit and determined to be acceptable, submit an executed copy of the required inter-local Agreement if more than one local government is covered by this contract. 2. For each procured and executed professional services contract for which Disaster funding will be requested, or within five (5) days of the execution of any yet to be procured professional services for which Disaster funding will be requested, submit a fQQY of the following procurement documents: a. Public notice of the terms of the request for proposals in a newspaper of regional circulation, including affidavit of publication; b. List of entities to whom a notification of the request for proposals was provided by mail or by fax; c, List of firms that submitted a proposal (only if short-listing procedure was used); d, Completed short-listing evaluation I ranking forms, including any ranking summary document, and document transmitting the short-listed firms to the commission (only if short-listing procedure used); e. Completed final evaluation I ranking forms; f. Portion of commission minutes dealing with contract award; g. Cost breakout from selected firm used for completion of the cost analysis (if pricing information was not submitted with proposals); 25 '-' ....J h. Contract (signed or proposed); i. Truth-in-Negotiation certification (if not in the contract) for engineering contracts over $60,000; j. If a protest was filed, a copy of the protest and documentation of resolution; k. A request for the Department's approval of a single source procurement if only one firm was considered and the contract exceeds $25,000; I. If a regional planning councilor local government is performing the services, submit only a copy of the contract and cost analysis information; and m. If professional services procurement will not be undertaken, so advise the Department. 3. For any activity that requires construction plans and specifications prepared by an engineer or architect: a. Provide to the Department a copy of all engineering specifications and construction plans. The Recipient shall also furnish the Department, prior to soliciting bids or proposals, a copy of all bid documents for all services and/or materials to provide those services and/or materials for all construction activities when the bids are expected to exceed $25,000. These submissions are for the I imited purpose of identifying the extent of the activities to be accomplished with Disaster funds under this Agreement, and inclusion of program requirements, and in no way does it indicate that the Department has conducted a technical review of, or approved the plans or other bidding documents; b. The Recipient shall not publicize any request for bids for construction purposes or distribute bid packages until the Department has provided to the Recipient, written acceptance of the engineering specifications, construction plans, and bid documents; and c. In any service area which requires construction plans and specifications prepared by an engineer or architect, no more than twenty-five percent (25%) of the grant administration amount allocable to that service area may be requested until the construction plans and specifications for that service area have been received for review by the Department. For the purpose of this condition, the allocable grant administration amount for each service area is calculated by first determining each service area's percentage of total project costs, excluding administrative costs, and then multiplying the service area's percentage of total project costs by the total administrative budget. This calculation results in a percentage of total administrative costs per service area based on each service areas percentage of the grants total project costs, excluding administrative costs. 4. For activities requiring acquisition of property, the Recipient shall: a. Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and Disaster funds will not be used for the cost of acquisition, the Recipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition, including notice to the property owner of their rights under URA, invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, statement of settlement costs, copy of deed, waiver of rights (for donations). as applicable. The documentation shall be submitted within 45 days of acquiring the property and prior to advertising for construction bids for any activity that required the acquisition. 26 ~ ..I b. Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA). as amended, and Disaster funds will be used for the cost of acquisition, the Recipient shall document completior of all pre-acquisition activities by submitting all documentation required for a desk monitoring of those activities, including notice to the property owner of their rights under URA, invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, waiver of rights (for donations), and estimated settlement costs, as applicable. The documentation shall be submitted to the Department for review prior to closing on the property. A copy of the final statement of settlement costs and a copy of recorded deed, with any required deed restrictions, shall be submitted within 45 days of the acquisition. 5. If the project involves installation of new sewer lines, or a new sewer treatment plant funded (partially or wholly) from Disaster funds and new sewer lines funded by another source, the Recipient shall document notification to appropriate households of the requirement in Section 381.00655(1), Fla. Stat. (1995) to hookup to the sewer system within 365 days of its availability. (Note that the notification is to be provided at least one year prior to the anticipated availability of the system.) 6. The Recipient shall obtain approval from the Department prior to obligating Disaster funds for any engineering activities and costs related thereto under the Rural Utilities Service (RUS) engineering fee schedule. The Department will not reimburse or fund engineering activities or costs that are not eligible under the RUS fee schedule and Emergency Rule 9BER05-2 CDSG Disaster Recovery Funds. 7. The Recipient, by executing this Agreement, does thereby certify that program income received and retained by the local government before closeout of the grant will be used to continue grant activities in compliance with all applicable requirements of 25 C.F.R. Section 570.489(e). The amount of program income earned and expended must be reported to the Department on a quarterly basis. Quarterly progress reports are due to be received by the Department no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 30, June 30, September 30 and December 31. 8. The Recipient shall annually undertake an activity to affirmatively further fair housing pursuant to 24 C.F.R Section 570.487(b)(4). Annually shall be defined as an activity for each year or one-third thereof from the effective date of the contract to the date of submission of the administrative closeout. 9. A deed restriction shall be recorded on any real property or facility acquired with Disaster funds This restriction shall limit the use of that real property or facility to the use stated in the Application and that title shall remain in the name of the Recipient. Such deed shall be made a part of the public records in the Clerk of Court of the County in which the Recipient is located. Any future disposition of that real property shall be in accordance with 24 C.F.R Section 85.31. Any future change of use shall be in accordance with 24 C.F.R. Section 570.489U). 10. The Recipient shall conduct all public hearings relating to this Agreement and performance hereunder in a location that is accessible to physically handicapped persons or make such accommodations as necessary to provide for active participation of handicapped persons desirous of attending such public hearings. 11. All amendments to the activities contained in the application, including proposed new activities must be approved by the Department in writing prior to the date of initiation of that activity or the execution of any contract with any third party relating to such activity. The Department reserves the right 27 "'" ~ to require that deletion of an activity meeting the LMI national objective be replaced with another activity meeting the LMI national objective. 12. The Recipient shall update and submit Form HUD 2880 to the Department within 30 days of the Recipient's knowledge of changes in situations which would require that updates be prepared. A final Form HUD 2880 shall be provided to the Department with the request for administrative closeout, and its absence or incompleteness shall be cause for rejection of the administrative closeout and assessment of any penalties which otherwise would have occurred. 13. The Recipient shall comply with the historic preservation requirements of 24 C.F.R. 58.17 and the Secretarv of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitatina Historic Buildinas. 14. Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. Section 570.489(g). Conflicts of interest relating to acquisition or disposition of real property; Disaster financial assistance to beneficiaries, businesses, or other third parties; or any other financial interest, whether real or perceived, shall be addressed pursuant to 24 C.F.R. Section 570.489(h). All procurement actions shall be conducted pursuant to 24 C.F.R. Section 85.36 and Rule 9B-43, Fla Admin. Code. 15. The Recipient shall maintain records of its expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the contracted budget line items by service area contracted activity as defined on Attachment A and on the Activity Work Plan(s). 16 If an activity is designed by an engineer, architect, or other licensed professional, it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. This certification shall be accomplished prior to submission of an administrative closeout package, and a copy of the certification shall be submitted with the administrative closeout package. 17. Payment for the acquisition of property, right-of-way, or easement must be approved in writing by the Department prior to distribution of funds. Should the Recipient fail to obtain Department approval, any portion of the cost of the acquisition exceeding Fair Market Value as established in HUD Handbook 1378 shall not be paid with Disaster funds. 18. If, as a result of a site visit, the Department identifies any issues affecting the eligibility for funding any activity in the application, the local government shall provide information necessary to establish eligibility for the activity under the Disaster Recovery initiative program requirements or replace the activity with a new activity meeting such requirements, within the provisions of Program Condition Number 10. 19. Any debris removal on private property approved by the Department as a result of a HUD waiver will be treated as "direct benefit" and the project file shall document that the property owner qualifies as a low or moderate income (LMI) person. If documentation that the person qualifies as an LMI person is not provided, then the cost of debris removal is not allowed. 20. Following demolition of a structure on private property, the local government shall place a lien against the real property for the cost of demolition. If the lien is not recorded against the real property, then the demolition cost is not an eligible cost under the grant. A lien is not required when the demolition is needed for residential reconstruction completed during the sub-grant period. A copy of the lien shall be maintained in the project files. When the lien is paid, the funds shall be treated as program income in accordance with CDBG regulations in in 24 CFR 570. 28 "'" ""'" 21. For any activity performed as an "urgent need," the project files shall document that the activity meets the requirements of 24 CFR 570.483 (d) to qualify under the "urgent need" national objective. For these disaster recovery funds, the" threat to health or welfare" portion of the requirements may be established in the context of the 2004 hurricane season damage. 22. If grant funds are used for acquisition of property for, or infrastructure in support of, LMI housing construction, construction of the housing must be completed and LMI benefit documented during the sub- grant period. 23. If grant funds are used for "slum and blight," the project files shall document that the activity took place in an area officially designated as a "slum" or "blighted" area and meets HUD requirements for "slum and blight" national objective, or that the activity qualifies under HUD requirements for "spot blight." 24. If grant funds are used for acquisition, the requirements of 24 CFR 570.83 (e) (2) regarding final use or disposition shall be met. 25. For any construction contract that requires payment of prevailing wages under the Davis-Bacon and Related Acts (DBRA), the Recipient shall take the following actions so that the Department may meet its DBRA tracking and reporting requirements to HUD for these funds: a. Obtain a wage decision from the Department using its Wage Decision Request form or a similar document with the same information; and b. Prior to awarding the construction contract, submit the Bidding Information and Contractor Eligibility form, or document with the same information, and obtain the Department's confirmation that the contractor is not excluded from participation in federally funded projects. 26 If any funds are used for housing rehabilitation, the project files shall document that, following completion of each home, m! code violations have been corrected and the home meets Section 8 Housing Quality Standards. 27. Within thirty (30) days of execution of any construction contract between the Recipient and a contractor, all construction contractors shall provide a schedule for completion of work activities under that construction contract. 28. Pursuant to Federal RegisterNolume 69, Number 237 [Docket Number FR-4959-N-01] and the Robert 1. Stafford Disaster Assistance and Emergency Relief Act (42 U.S.C. 5155), no activity may receive assistance from these funds with respect to any cost that is reimbursable by FEMA, eligible for Small Business Administration assistance or from any other program, insurance or any other sources. The Recipient's project files shall document how compliance with this prohibition on duplication of benefits was determined for each activity, including sub-recipients and, for housing or other direct benefit activity, individual beneficiaries. Duplication of benefits identified during monitoring, by an audit, or other means may require repayment of duplication of benefit funds. 29 '-" ....,I Attachment D Reporting Requirements The following reports must be completed and submitted to the Department in the time frame indicated. Failure to timely file these reports constitutes an event of default, as defined in Paragraph (10) of this Agreement 1. The Contractual Obligation and MBE Report must be submitted to the Department by April 15 and October 15 annually. The form must reflect all contractual activity for the period. If no activity has taken place during the reporting period, the form must indicate "no activity". 2. The Request for Funds (RFF) Form must be submitted to the Department electronically at a minimum of once per quarter. If no activity has taken place during the reporting period for which funds will be requested, the form must indicate, "no funds are required". A breakout of expenditures by service area must be submitted that supports expenditures reflected on the RFF. These service area breakouts must be received and reviewed prior to approving the RFF for processing. 3. The Projection of Contract Payments and Report on Accomplishments To Date Form must be submitted to the Department (4) times a year: May 1, August 1, November 1 and February 1. In Section I Funding Projection, indicate the amount of funds that will be required for the applicable reporting period. If no funds will be required, a zero should be reflected in the applicable reporting period. In Section II Accomplishments, all accomplishments must be reported from implementation to date of report. 4. The Project Generated Income Report, if applicable, must be submitted to the Department on a quarterly basis on the form provided by the Department The form must reflect all earned or expended income and show the available balance as of the end of the reporting period. 30 '-" ....,/ Attachment F Warranties and Representations Financial Manaqement Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the finàncial results of this project or program (2) Records that adequately identify 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) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (5) Accounting records, including cost accounting records that are supported by source docu mentatio n. Competition. 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 trade. 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 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. 3l '-'" .-..,1 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 900 A.M. to 5:00 P.M. Licensina and Permittina Ail subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired. 32 '-" "wi Attachment H . ;:i'< ·C~rt\ti~tion R~ø~\rdin~ . ',' DE!p~rment,~!Jspenslon, Inehgl ·.LY'And Voluntà Exclusion Contractor Covered Transactions (1) The prospective contractor of the Recipient, SI. Lucie County, certifies, by submission of th is document, 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 Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. Contractor's Name and Title SI. Lucie County Recipient's Name Signature 06DB-3C-1 Q-66-01-W 32 DCA Contract Number Firm Street Address City, State, Zip Date NOTE: SUBMISSION OF THIS FORM DOES NOT PRECLUDE RECIPIENT'S COMPLETION AND SUBMISSION OF THE "BIDDING INFORMATION AND CONTRACTOR ELIGIBILITY FORM." 33 "" '....I Attachment J Special Conditions Prior to expenditure of funds, the Recipient shall: 1. Provide survey documentation supporting the National Objective of 51 % low to moderate income beneficiaries. 2. Submit a copy of an executed Interlocal Agreement with the City of Ft. Pierce, due to the infrastructure project located in both jurisdictions. 34 '-' ....., ATTACHMENT K FloridaPAPERS LOGIN ID AND PASSWORD REQUEST FORM 35 ~ .....,,¡ DEPARTMENT OF COMMUNITY AFFAIRS (DCA) Small Cities Community Development Block Grant (CDBG) Program FloridaP APERS L02in ID and Password ReQuest Form By submission of this form I agree that the user identified below \,ill only use the PAPERS system to submit Request for Funds to the DCA for the Subgrantee/Applicant identified below. Only one login ID will be issued per Subgrantee/ Applicant. Name of Subgrantee/Applicant: User Information: First: Middle Initial: Last: Position Title: Organizational Unit: Business Address: City: State: Zip Code: Phone: Fax: E-mail Address (must be unique to this user onl~): Authorization Statement: I hereby authorize to participate in PAPERS on our behalf. (print name of individual) Subgrantee Authorized Representative or CEO: (Sign and Date) . Print Name and Title of Above Signature: DCA Use Only: I approve this individual for PAPERS and the Enterprise Information System. PAPERS Administrator: (Sign and Date) ....y " ~ .."" AGENDA REQUEST ITEM NO. CJ1).. DATE: July 12, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [XX] ADDITIONS TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Ordinance No. 05-030 - Impact Fees for Public Buildings. Roads and Parks BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board grant permission to advertise Ordinance No. 05-030. COMMISSION ACTION: NCE: ~] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 ouglas Anderson County Administrator Review and Approvals County Attorney: ~ t' t:VM Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff 5/96 '--' -- ., .- INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 05-1162 DATE: July 11, 2005 SUBJECT: Ordinance No. 05-030 -Impact Fees for Public Buildings, Roads and Parks *********~******************************************************************* BACKGROUND: Attached is a copy of Ordinance No. 05-030. The draft ordinance provides for an alternate collection method for impact fees for public buildings, roads and parks. No increase in the amount of fees currently charged is proposed. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No. 05-030. Respectfully submitted, r ~~ Daniel S. McIntyre County Attorney DSM/caf Attachment '-" ...., ORDINANCE 05-030 AN ORDINANCE AMENDING ARTICLE II OF THE CODE OF ST. LUCIE COUNTY RELATING TO IMPACT FEES, PROVIDING VARIOUS LEGISLATIVE FINDINGS AS TO THE PUBLIC BUILDINGS IMPACT FEE, PROVIDING DEFINITIONS, AMENDING THE IMPOSITION OF THE PUBLIC BUILDINGS IMPACT FEE, AMENDING THE AMOUNT OF THE PUBLIC BUILDINGS IMPACT FEE, PROVIDING AN ALTERNATIVE COLLECTION METHODOLOGY, AMENDING THE USE OF THE FUNDS, PROVIDING VARIOUS LEGISLATIVE FINDINGS AS TO THE ROADS IMPACT FEE, AMENDING THE IMPOSITION OF THE ROADS IMPACT FEE, AMENDING THE AMOUNT OF THE ROADS IMPACT FEE, AMENDING THE PROVISIONS RELATING TO THE PAYMENT OF THE FEE, CREATING ROAD BENEFIT ZONES, AMENDING THE USE OF THE FUNDS, PROVIDING AN AL TERNA TIVE COLLECTION METHODOLOGY FOR THE ROADS IMPACT FEE, PROVIDING VARIOUS LEGISLATIVE FINDINGS AS TO THE PARKS IMPACT FEE, PROVIDING DEFINITIONS, AMENDING THE IMPOSITION OF THE PARKS IMPACT FEE, AMENDING THE AMOUNT OF THE PARKS IMPACT FEE, PROVIDING AN ALTERNATIVE COLLECTION METHODOLOGY FOR THE PARKS IMPACT FEE, CREATING PARK IMPACT FEE DISTRICTS, AMENDING THE USE OF THE FUNDS, PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. CHAPTER 1-16.3 PUBLIC BUILDINGS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-16.3-12 AS FOLLOWS: Sec. 1-16.3-12. Intents, purposes and findings. (a) This chapter is intended to implement and be consistent with the goals, objectives and policies of the St. Lucie County Comprehensive Plan. (b) The purpose of this chapter is to regulate the use and development of land so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide public buildings and ser. iCES in St. Lucie County. (c) The Florida Legislature through the enactment of Section 163.3202, Local Government Comprehensive Planning and Land Development Regulation Act and Section 380.06(16) of the Environmental Land and Water Management Act, Florida Statutes Chapters 163 and 380, respectively, '-' ......; has sought to encourage local governments to enact impact fees as a part of their land development regulation program. (çD As provided in Section 29.008 and 43.28, Florida Statutes. the County is charged with the responsibility to provide all courtrooms facilities and equipment for the operation of the circuit and county courts and to provide for the facilities and eouipment for the Tax Collector. Property Appraiser. Supervisor of Elections. and Clerk of the Courts which functions serves and benefits all residents of the County. in both unincorporated and incorporated areas. All new construction within the County in both unincorporated and incorporated areas impacts the need for future improvements and additions to the circuit and county courts. Accordinglv. the provision by the County of improvements and additions to the circuit and county courts benefits all residents of the County. including residents of municipalities. and is in the best interest of the public's health. safety. and welfare. .(g) Pursuant to Section 30.49. Florida Statutes. the County is responsible for the provision of all corrections and detention facilities and equipment for the operation of the countyiail facility. which serves and benefits all residents of the County. in both unincorporated and incorporated areas. All new construction within the County in both unincorporated and incorporated areas impacts the need for future improvements and additions to the county ¡ail. Accordingly. the provision by the County of improvements and additions to the county ¡ail benefits all residents of the County. including residents of municipalities. and is in the best interest of the public's health. safety and welfare. PART B. CHAPTER 1-16.3 PUBLIC BUILDINGS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-16.3-14 AS FOLLOWS: Sec. 1-16.3-14. Definitions. Capital improvement includes, but is not limited to, site planning, land acquisition, site improvements, buildings, motor vehicles, personal equipment and communications facilities with a useful life of two (2) or more years, but excludes maintenance and operation. Feepayer is a person commencing a land development activity by applying for the issuance of a building permit or electrical permit for a mobile home park or recreational vehicle park for a type of land development activity specified in section 1-16.3-16 of this article. Public bUlïding includé:s means all buildings, physical plant. and accessory facilities and eouipment owned or leased by the board of county commissioners and used to provide in and support of the following county 90,¿:rnl1'\é:nt functions~ , é:xcludin9 librerié:s, perks end schools. {g} County and Circuit Court activities and proceedings: fu) Services and responsibilities of the Tax Collector. Property Appraiser. Supervisor of Elections. and Clerk of the Courts: and 2 ~ ..., .w Correction and detention activities at the County ¡ail facility. PART C. CHAPTER 1-16.3 PUBLIC BUILDINGS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED lAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-16.3-15 AS FOllOWS: Sec. 1-16.3-15. Imposition of public buildings impact fee. (a) Any person who, after the effective date of this article, seeks to develop land within St. Lucie County by applying for the issuance of a building permit for one (1) of the land use types specified in section 1-16.3-16 of this article or an electrical permit for a mobile home park or recreational vehicle park shall be required to pay a public buildings impact fee in the manner and amount set forth in this article. Nothing in this article shall be deemed to eliminate the requirements of section 11.02.07 of the St. Lucie County Land Development Code. (b) No building permit for any land use types specified in section 1-16.3-16 of this article nor electrical permit for a mobile home park or recreational vehicle park shall be issued unless and until the public buildings impact fee hereby required has been paid as provided in section 1-16.3-17. PART D. CHAPTER 1-16.3 PUBLIC BUILDINGS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-16.3-16 AS FOllOWS: Sec. 1-16.3-16. Computation of the amount of public buildings impact fee. (a) At the option of the feepayer, the amount of the fee may be determined by the following fee schedule. PUBLIC BUILDINGS IMPACT FEE COUNTYWIDE ASSESSMENT LAND USE TYPE UNIT OF MEASURE IMPACT FEE fee {IS of fee as of 10/01/00 10/01101* fee as of 10/01104 RESIDENTIAL Single-family Mobilehome/RV Unit (MI'¡P/RV park only) ,Y.ulti ffll'l'lilr (1.11 t'rpes) Multi-family 112 floors Multi-family 3+ floors Hotel/motel (per room) Per unit $-2æ $--3G8 14a. 2m 195 274 .1 347 Per unit Per uMit Per unit Per unit Per room 227 H! m 310 310 224 3 '-' ...,,; LAND USE TYPE UNIT OF MEASURE IMP ACT FEE fee as of 10/01/00 fee ('IS of 10/01/01* fee as of 10/01104 Bed & breakf('lst residence Per room 111 198 224 (eo"3 l'Ot il1el~ee tl.e þl ilMI') feJieenef:. SiRgle f"I'fIit, ~l1it fM IM3t ðl3ô Be ð33e33ee for the re3iðeRtiðl þortioR of ~:!e) Bed & Breakfast (Guest Rooms) 224 All other residential Per unit W 3e8 347 OFFICE & FINANCIAL Medical office Per 1,000 sq. ft. 3R ~ 390 Other office Per 1,000 sq. ft. 229 -34§ 623 RETAIL TRADE Under 100,00 square feet Per 1,000 sq. ft. 293 3&8 438 100,000-3 i99,000 square feet Per 1,000 sq. ft: 32-3 446 504 4200,000 square feet and over Per 1,000 sq. ft. ð7 3ð 367 GASOLINE SERVICES ServiCE. station Gasoline pumps Per pump stat 56 56 63 INDUSTRIAL Warehouse Per 1,000 sq. ft. 3b 49 32 Truck terminal Per 1,000 sq. ft. 69 99 111 General industrial Per 1,000 sq. ft. 58 "1-9 89 INSTITUTIONAL School-Elem. Per 1,000 sq. ft. ~ ~ 499 School-Middle/high Per 1,000 sq. ft. 1-;004 ~ 2,206 Day care center Per 1,000 sq. ft. NiZ ~ 268 Fraternal organization Per 1,000 sq. ft. f f º Hospital Per bed ~ 368 416 Nursing home Per bed W9 398 449 Library Per 1,000 sq. ft. 353 §56 628 RECREA TIONAL Park (city/county/state) Per acre 33 56 63 Recreation facility-All types Per 1'1<9. sl'ace 1,000 sq.ft. 49 ÆJ 79 Golf course Per Iw+e acre 81- 144 162 Movie Theaters Per 1.000 sq. ft. 71 4 '--' ..., NOTE: "The fee schedule shown in this table is subject to annual revision based upon the provisions of section 1-19-17 of this article. If the type of development activity for which a building permit, electrical permit for a mobile home park or recreational vehicle park is applied for is not specified on the above fee schedule, the county administrator shall use the fee applicable to the most nearly comparable type of land use on the above fee schedule. (b) The person applying for the issuance of a building permit or an electrical permit for a mobile home park or recreational vehicle park may, at his option, submit evidence to the county administrator indicating that the fees set out to paragraph (a) above are not appropriate for his particular development. Based upon convincing and competent evidence, the county administrator may adjust the fee to that appropriate for the particular development. PART E. CHAPTER 1-16.3 PUBLIC BUILDINGS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY CREATING SECTION 1-16.3-17.1 AS FOLLOWS: Sec. 1-16.3-17.1. Alternative Collection Mechanism. In the event the Public BuildinQs Impact Fees are not paid prior to the issuance of a building permit because of mistake or inadvertence or in the event a municipality has not agreed to assist in the collection of those Public Buildings Impact Fees imposed within municipal boundaries. the County shall proceed to collect the Public Buildings Impact Fees as follows: (ill The County shall serve. by certified mail. return receipt requested. an Impact Fee Statement Notice upon the Feepayer at the address set forth in the application for a Building Permit. and the Owner at the address appearing on the most recent records maintained by the Property Appraiser of the County. The County shall also attach a copy of the Impact Fee Statement Notice to the Building Permit posted at the site of the land development activity if construction has commenced. Service of the Impact Fee Statement Notice shall be deemed notice that the Impact Fees are due and service shall be deemed effective on the date the return receipt indicates the notice was received by either the Feepayer of the Owner of the property. whichever occurs first. The Impact Fee Statement Notice shall contain the legal description of the property and shall advise the Feepayer and Owner as follows: ill The amount due and the general purpose for which the Public Buildings Impact Fees were imposed; ill That a hearing before the board of county commissioners may be requested within thirty (30) calendar days from the receipt of the Impact Fee Statement Notice. by making application at the office of the County Administrator: 5 ~ ...., ill That the Public Buildings Impact Fees shall be delinquent if not paid and received by the County within sixty (60) calendar days of the date the Impact Fee Statement Notice was received, excluding the date of receipt. or if a hearing is not scheduled and, upon becoming delinquent, shall be sub ject to the imposition of a delinquent fee and interest on the unpaid amount until paid; ill That in the event the Public Buildings Impact Fees become delinquent a lien aGainst the property for which the Building Permit was secured shall be recorded in the Official Records of the County. íl2.) The Public Buildings Impact Fees shall be delinquent if within sixty (60) calendar days from the date of the receipt of the Impact Fee Statement Notice by either the Feepayer or the Owner or the date said notice was attached to the Building Permit neither the Public Buildings Impact Fees have been paid and received by the County nor a hearing requested. In the event a hearing is requested, the Public Buildings Impact Fees shall become delinquent if not paid within thirty (30) calendar days from the date the board of county commissioners determined the amount of Public BuildinGs Impact Fees due upon the conclusion of such hearing. Upon becoming delinquent. a delinquency fee equal to 10'10 of the total Public Buildings Impact Fees imposed shall be assessed. Such total Public Buildings Impact Fees. plus the delinquency fee. shall bear interest at the statutory rate for final iudgments calculated on a calendar day basis until paid. W Should the Public BuildinGs Impact Fees become delinQuent. as set forth above. the County shall serve. by certified mail. return receipt requested. a "Notice of Lien" upon the delinQuent Feepayer at the address indicated in the application for a Building Permit and upon the Owner of the property at the address appearinG on the most recent records maintained by the Property Appraiser of the County. The Notice of Lien shall notify the delinquent Feepayer and Owner that due to their failure to pay the Public Buildings Impact Fees. the County shall file a Claim of Lien with the Clerk of the Circuit Court. íQ) Upon mailing the Notice of Lien. the County Attorney shall file a Claim of Lien with the Clerk of the Circuit Court for recording in the Official Records of the County. The Claim of Lien shall contain the legal description of the property. the amount of the delinquent Impact Fees and the date of their imposition. Once recorded. the Claim of Lien shall constitute a lien against the property described therein. The County Attorney shall proceed expeditiously to collect foreclose or otherwise enforce said lien. W After the expiration of one year from the date of recording the Claim of Lien, as provided herein. a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted. conducted and enforced in conformity with the procedures for the foreclosure of municipal special assessment liens. as set forth in Sections 173.04 through 173.12 inclusive, Florida Statutes. which provisions are hereby incorporated herein in their entirety to the same extent as if such provisions were set forth herein verbatim. 6 '-' ......" ill The liens for delinouent Public Buildings Impact Fees imposed hereunder shall remain liens. coeQual with the liens of all state. county. district and municipal taxes and superior in dignity to all other liens and claims. until paid. íg} The collection and enforcement procedures set forth in this Section shall be cumulative with. supplemental to and in addition to. any applicable procedures provided in any other ordinances or administrative regulations of the County or any other applicable law or administrative regulation of the State of Florida. Failure of the County to follow the procedure set forth in this Section shall not constitute a waiver of its rights to proceed under any other applicable procedure. PART F. CHAPTER 1-16.3 PUBLIC BUILDINGS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-16.3-23 AS FOLLOWS: Sec. 1-16.3-23. Use of funds. (a) The collecting governmental unit shall be entitled to up to but not more than four (4) per cent of the funds collected to compensate them for the administrative expense of collecting and administering the public buildings impact fee ordinance, All remaining funds collected from public buildings impact fees shall be used solely for the purpose of capital improvements to the county's I'fublic bßuildings contained within the County's Comprehensive Plan and identified within the study entitled "Public BuildinQs Impact Fees for St. Lucie County," dated July. 2005. by Dr. James Nicholas, which is incorporated by reference. and not for maintenance or operations. Land acquisition and improvements shall be of the type made necessary by the county's growth and development. (b) Each January the county administrator shall present to the board of county commissioners a proposed capital improvement program for I'fublic bßuilding and facilities, assigning funds, including any accrued interest, from the public buildings impact fee trust fund to specific pfublic bßuildings improvements projects and related expenses. Monies. including any accrued interest, not assigned in any fiscal period shall be retained in the same l'£ublic bßuildings impact fee trust fund until the next fiscal period except as provided by the refund provisions of this article. Funds shall be deemed expended in the order received. (c) The Board of County Commissioners of St. Lucie County may enter into interlocal agreements with the governing bodies of the municipalities in St. Lucie County to ensure proper use of the funds collected pursuant to this article. PART G. CHAPTER 1-17 ROADS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-17-26 AS FOLLOWS: Sec. 1-17-26. Intents, purposes, and findings. 7 '-' ...",; (a) This article is intended to implement and be consistent with the goals, objectives and policies of the St. Lucie County Comprehensive Plan. (b) The purpose of this article is to regulate the use and development of land so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide roads in St. Lucie County as contemplated by the St. Lucie County Comprehensive Plan. (c) The Florida Legislature, through the enactment of section 163.3202, Local Government Comprehensive Planning and Land Development Regulation Act and section 380.06(16) of the Environmental Land and Water Management Act, Florida Statutes Chapters 163 and 380, respectively, has sought to encourage local governments to enact impact fees as a part of their land development regulation program. úD The County is charQed with the responsibility and control over all arterial. collector and other roads. bridges. tunnels and related facilities within the County Road System, in both unincorporated and incorporated areas. and thus is charged with increasing the capacity of these facilities as provided in Sections 125.01(m) and 336.02. Florida Statutes. !.g} All new construction within the County in both unincorporated and incorporated areas impacts the need for future improvements and additions to the County Road System. Accordingly the provision by the County of roadway capacity benefits all residents of the County. including residents of municipalities, and is in the best interest of the public's health. safety and welfare. PART H. CHAPTER 1-17 ROADS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-17-28. Sec. 1-17-28. Imposition of roads impact fee. (a) Any person who, after the effective date of this article, seeks to develoþ land within St. Lucie County by making improvements to land which will generate additional traffic and which requires the issuance of a building permit or an electrical permit for recreational vehicle parks or mobile home parks shall be required to pay a roads impact fee in the manner and amount set forth in this article. Nothing in this article shall be deemed to eliminate the requirements of section 11.02.07 of the St. Lucie County Land Development Code. (b) No building permit or electrical permit for a recreation vehicle park or mobile home park for any activity requiring payment of an impact fee pursuant to section 1-17-29 of this article shall be issued unless and until the roads impact fee hereby required has been paid. PART I. CHAPTER 1-17 ROADS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-17-29 AS FOLLOWS: 8 '-' "" Sec. 1-17- 29. Computation of the amount of roads impact fee. (a) At the option of the feepayer, the amount of the fee may be determined by the following fee schedule. The fees shown on the schedule reflect a zero (0) per cent discount. ROAD IMPACT FEE MAINLAND LAND USE TYPE UNIT OF MEASURE fee as of 10/01/00 IMPACT FEE fee as of fee as of 10/01/01* 10/01/04* RESIDENTIAL Single-family Mobile home/RVUnit (MHP/RV park only) Multi-family 1 and 2 floors Multi-family 3 floors and up Hotel/motel Bed & breakfast (Guest rooms) rcsideRcc (Doe3 "ot il,el~át; tl.e pi ilMI , re3iáe~ce. 'single fal'llil, ~I.it fee mU3t 0130 be ð33t;33ed for tl,e I t;3iát;ntiðl portion of U3t;) All other residential Per unit $1,632 $1,823 $ 2.059 Per unit 8B 9H 1.029 Per unit l-;!86 ~ 1.500 Per unit 6+9 694 784 Per room t-;æ9 1-;Rb 1.950 Per room !ill &a8 947 Per unit l-;!86 ~ 1.500 OFFICE & FINANCIAL Medical office Per 1,000 sq. ft. 3-;800 4;9% 5.633 ~ General office Per 1,000 sq. ft. f;G99 ±-;H4 1.259 RETAIL TRADE Under 100,000 sq. ft. Per 1,000 sq. ft. 2-;!92 3-;l54 2.673 100,000-3199,000 sq. ft. Per 1,000 sq. ft. 2-;el-2 2-;989 2.532 4.200,000 or more sq. ft. Per 1,000 sq. ft. 1-;800 ~ 2.4 77 GASOLINE SERVICES (Per Service Position) Service station Gasoline Pumps Per pump stat -3-;528 b-;U3 7,076 INDUSTRIAL Warehouse Per 1,000 sq. ft. 36b 7ð 414 Truck terminal Per 1.000 sq. ft. ~ f;464 835 General industrial Per 1,000 sq. ft. 38§ Be;;: 461 9 ~ INSTITUTIONAL School-Elem. School-Middle/high Day care center Fraternal organization Hospital Nursing home Library RECREATIONAL Park( city / county/state) Recreation facility-All types Golf course Movie Theaters (per seat) Per 1,000 sq. ft. Per 1,000 sq. ft. Per 1,000 sq. ft. Per 1,000 sq. ft. Per bed Per bed Per 1,000 sq. ft. 1;006 9% ~ 39± 1-;84 ~ ~ 1;006 9% 3-;3H N:i2: f;492 3H 2-;8§ !ge ð9 ~ ....¡ 1.136 1.125 3.740 860 1.583 352 2,548 214 292 475 41 NOTE: * The fee schedule shown in this table is subject to annual revision based upon the provisions of section 1-17-39 of this article. LAND USE TYPE Per acre Per pk9. space 1,OOOsq.ft. Per acre !59 ~ ~ UNIT OF MEASURE IMPACT FEE fee as of fee liS of 10/01/00 10/01/01* fee as of 10/01104* RESIDENTIAL Single-family Per unit $1,684 $1,684 11,903 Mobile home/RV Unit ("'" W/RV) park only Per unit &¡4 &¡4 987 Multi-family 112 floors Per unit !;-ðG ~ 1.646 Multi-family 3+floors Per unit 9B6 9B6 1.024 Hotel/motel Per room ~ ~ 3.182 Bed & breakfast (Guest Rooms) Per room &¡4 l-;4§G 1,638 residence (DGes nGt include the prilT\ðr( residence. Single flll'llilr unit fee must also be assessed for the residentilll portiGn Gf use) All other residential Per unit i-;959 2-;!69 2450 OFFICE & FINANCIAL Medical office Per 1,000 sq. ft. f-;5H i-;%§ 2.220 G#Iet- General office Per 1,000 sq. ft. 439 439 496 ROAD IMPACT FEE NORTH ISLAND 10 ~ ....,/ IMPACT FEE UNIT OF f~c 03 of fe~ as of fee as of LAND USE 1YPE MEASURE 10/01/00 10/01/01* 10/01/04* RETAIL TRADE Under 100,000 sq.ft. Per 1,000 sq. ft. f-;ID8 i-;-32-8 1.499 100,000-3199,000 sq.ft. Per 1,000 sq. ft. 936 ~ 1.234 4 ~OO,OOO or more sq.ft. Per 1,000 sq. ft. ~ 944 1.066 GASOLINE SERVICES (Per service position) Service 3totiol'l Gasoline pumps Per pump stat ~ ~ 2.569 INDUSTRIAL Warehouse Per 1,000 sq. ft. :p} 79 89 Truck terminal Per 1,000 sq. ft. !§9 !§9 180 General industrial Per 1,000 sq. ft. 88 88 99 INSTITUTIONAL School-Elem. Per 1,000 sq. ft. 433 433 489 School-Middle/high Per 1,000 sq. ft. ~ ~ 485 Day care center Per 1,000 sq. ft. l-;9§9 1-;42-5 1,609 Fraternal organization Per 1,000 sq. ft. fA 3-28 370 Hospital Per bed 542: 6G3 681 Nursing home Per bed m ß3 150 Library Per 1,000 sq. ft. m ±8± 1,097 RECREA TIONAL Park( city/county/state) Per acre !§9 f9G ...2l Recreation facility-All types Per 151<9. s 5oce 1.000 sq,ft. ~ 259 127 Golf course Per acre 42! ~ 205 Movie Theaters (per seat) 17 NOTE: *The fee schedule shown in this article is subject to annual revision based upon the provisions of section 1-17-39 of this article. 11 '-" ...., FT. PIERCE ISLAND IMP ACT FEE UNIT OF f~~ (;IS of f~~ (;13 of fee as of LAND USE TYPE MEASURE 10/01/00 10/01/01* 10/01/04* RESIDENTIAL Single-family Per unit $1,310 $1,129 1 1.615 Mobile home/RV Unit (MI IP/RV park only) Per unit 5M 5M 581 Multi-family 1 and 2 floors Per unit 1-;Ml ~ 1.313 Multi-family 3 floors and up Per unit 476 476 538 Hotel/motel Per room 1-;-31-7 f;66G 1,875 Bed & breakfast (Guest rooms) Per room 497 8G§ 909 r~sid~"c~ (DO~3 110t j"d~eI~ the primer, r"3ið~l,ee. 5iMgle fel1'\il, ~I,it fèe 1,,~3t 0130 be ð53~33d for the, e3ieleMtiel pOI tiel, ôf ~3e) All other residential Per unit 1-;1-98 f;mt 1.442 OFFICE & FINANCIAL Medical office Per 1,000 sq. ft. 672: 9§3 1.077 Other office Per 1,000 sq. ft. 2B 2B 240 RETAIL TRADE Under 100,000 sq.ft. Per 1,000 sq. ft. 488 644 727 100,000-3199,000 sq.ft. Per 1,000 sq. ft. 4H §3G 598 4200,000 or more sq. ft. Per 1,000 sq. ft. 346 4§8 518 GASOLINE SERVICES (Per Service Position): Gasoline Pumps Per pump stat 1-;t-R 1-;æ6 2.492 S~r.ic~ stéltio" INDUSTRIAL Warehouse Per 1,000 sq. ft. 38 38 44 Truck terminal Per 1,000 sq. ft. 77 77 87 General industrial Per 1,000 sq. ft. 43 43 49 INSTITUTIONAL School-Elem Per 1,000 sq. ft. 88 '88 100 School-Middle/high Per 1,000 sq. ft. ~ ~ 235 Day care center Per 1,000 sq. ft. 4f4 ~ 781 Fraternal organization Per 1,000 sq. ft. &2- f§9 180 Hospital Per bed 1R 1R 137 12 '--" ....¡ LAND USE TYPE UNIT OF MEASURE IMPACT FEE fee a3 of fee élS of 10/01/00 10/01/01* fee as of 10/01/04* Nursing home Library Per bed 52- Per 1,000 sq. ft. 4R 6§ 4R 74 534 RECREATIONAL Park (city/county/state) Recreational facility-All types golf course Movie Theaters Per acre 32 4ft 45 Per pkg. space 43 54 61 Per acre 88 88 100 Per seat ~ NOTE: *The fee schedule shown in this table is subject to annual revision based upon the provisions of section 1-17-39 of this article. SOUTH ISLAND LAND USE TYPE UNIT OF MEASURE IMPACT FEE fee élS of fee as of 10/01/00 10/01/01* fee as of 10/01/04* RESIDENTIAL Single-family Per unit $1,821 $1,429 .1 2 057 Mobile home/RV Unit Per unit 6% 1-;H-7 741 UAIJP/RV park only) Multi-family 1 and 2 floors Per unit f;4&t ~ 1.673 Multi-family 3 floors and up Per unit ~ 8§G 666 Hotel/motel Per room ±-;647 2-;H§ 2.412 Bed & breakfast (Guest rooms)Per room 6æ f.;Wb 1.170 resiëkllce (Do"s Mt il,d~de tk" primar, I f.3idence. Single famil, ~nit fee mtlst also be Ðsses3ed föl tk" residential pörtiOl1 of ~3e) All other residential Per unit ~ ~ 1.838 OFFICE & FINANCIAL Medical office Per 1,000 sq. ft. ~ ±-;A9 1.942 Other office Per 1.000 sq. ft. 384- 384- 434 RETAIL TRADE Under 100,000 sq.ft. Per 1,000 sq. ft. 968 ±-;!M 1.312 100,000-3199,000 sq.ft. Per 1,000 sq. ft. B21- 956 1,080 4.200,000 or more sq.ft. Per 1,000 sq. ft. b85 8Ð 933 13 \p ..., IMPACT FEE UNIT OF fee ð3 of fEE a3 of fee as of LAND USE TYPE MEASURE 10/01/00 10/01/01* 10/01/04* GASOLINE SERVICES (per service position): SErvice 3tðtion Gasoline Pumps Per pump stat ~ 3;98Ð 4.497 INDUSTRIAL Warehouse Per 1,000 sq. ft. 69 69 78 Truck terminal Per 1,000 sq. ft. ME! ME! 157 General industrial Per 1,000 sq. ft. H- H- 87 INSTITUTIONAL School-Elem Per 1,000 sq. ft. 31b 31b 424 School-Middle/high Per 1,000 sq. ft. 31b 31b 424 Day care center Per 1,000 sq. ft. 924 ~ 1.410 Fraternal organization Per 1,000 sq. ft. t46 ~ 325 Hospital Per bed #§ §28 596 Nursing home Per bed H-l- W 132 Library Per 1,000 sq. ft. 8W 8W 960 RECREA TIONAL Park (city/county/state) Per acre R R 81 Recreational facility- A II types Per pkg. space 98 98 110 golf course Per acre 159 159 180 Movie Theaters Per Seat 15 NOTE: *The fee schedule shown in this table is subject to annual revision based upon the provisions of section 1-17-39 of this article. If a building is requested for mixed uses, then the fee shall be determined through using the above schedule by apportioning the space committed to uses specified on the schedule. (b) If the type of development activity for which a building permit is applied is not specified on the above fee schedule, the county administrator shall use the fee applicable to the most nearly comparable type of land development on the above fee schedule. The county administrator shall be guided in the selection of a comparable type by Florida Department of Transportation (FDOT) and/or Institute of Transportation Engineers (ITE) traffic generation statistics. If the county administrator determines that there is no comparable type of land use on the above fee schedule, then the county administrator shall determine the fee by: 14 ~ .",-, (1) Using traffic generation statistics contained in the latest edition of the Institute of Transportation Engineers "Trip Generation: An Information Report," or trip generation statistics supplied and certified by a registered Florida professional engineer, and (2) Using for average trip length the average trip length of all average trip lengths for the applicable land use type as set out in this article (i.e., residential, office and financial, industrial, recreational, institutional, retail) that were used in calculating the above fee schedule, and (3) Using as a per cent new trips the average per cent new trips for the applicable land use type (i.e., residential, office and financial, industrial, recreational, institutional, retail) that were used in calculating the above fee schedule, and (4) Applying the formula set forth in 1-17-29(c) hereof. The county administrator shall determine the applicable land use type. In the case of a change of use, redevelopment, or modification of an existing use which requires the issuance of a building permit, electrical permit for recreational vehicle parks or mobile home parks or zoning compliance certificate, the impact fee shall be based upon the net increase in the impact fee for the new use as compared to the previous use. The county administrLttor shall be guided in this determination by Florida Department of Transportation (FDOT) and/or Institute of Transportation Engineers (ITE) traffic generation statistics. (c) If the fee payer shall opt not to have the impact fee determined according to paragraph (a) of this section, then the fee shall be determined by the county administrator based upon the traffic generation rates determined by an independent traffic study (ITS), defined in section 1-17-35 of this article, prepared by the feepayer and submitted to the county administrator or his designee. The following formula shall be used by the county administrator or his designee to determine the impact fee per unit: Attributable travel = (Trip rate x trip length)(2 x "I. New trips) New land miles = Attributable travel/Lane capacity Construction cost = New land miles x Construction cost per land mile Right-of-way cost = New land miles x Right-of-way cost per lane mile Total cost = Construction cost + Right-of-way cost Net cost = Total cost--Offsets Impact fee = Net 15 '-" "" PART J. CHAPTER 1-17 ROADS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-17-30 AS FOLLOWS: Sec. 1-17-30. Payment of fee. (0) The fee payer shall pay the fee to the county administrator at any time prior to the issuance of a building permit or electrical permit for a recreational vehicle park or mobile home park. The feepayer shall pay a roads impact fee. (b) In lieu of all or part of the road impact fee, the board of county commissioners may accept the offer by a developer to construct, dedicate or acquire right-of-way for, part of a road improvement project shown in the St. Lucie County Comprehensive Plan or in the Metropolitan Planning Organization Roods Impact Fee Eligibility Networks or appropriate to the implementation thereof. Such construction must be in addition to any road improvements required pursuant to other ordinances. In addition, the construction, dedication or acquisition of right-of-way must only be for purposes as set out in section 1-17-31. The developer shall submit a cost estimate certified by a registered Florida professional engineer and acceptable to the board of county commissioners or their designee, who shall credit the cost of the construction against the road impact fee otherwise due. The portion of the fee represented by the road construction shall be deemed paid when the construction is completed and accepted by the county or state for maintenance or when adequate security for the completion of the construction has been provided. In the event the developer proposes to dedicate or acquire right-of-way, the provisions of section 1-17-33.1(6) shall apply. The portion of the fee represented by the right-of-way dedications or acquisitions shall be deemed paid only when the dedicated or acquired property is officially accepted by the county or other appropriate governmental entity. (c) If road impact fees are owed, no development permits of any type may be issued for the building or structure in question while the fee remains unpaid. The county administrator may authorize the initiation of any action as permitted by law or equity to collect the unpaid fees. PART K. CHAPTER 1-17 ROADS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-17-31 AS FOLLOWS: Sec. 1-17-31 Use of funds and road benefit zones. (g) There is hereby created the Mainland Road Benefit Zone the North Island Road Benefit Zone. the Fort Pierce Island Road Benefit Zone. and the South Island Road Benefit Zone. The boundaries of the various benefit zones are as depicted in revised figure 1. WíQ) All funds collected from road impact fees shall be used solely for the purpose of capital improvements or enhancements to transportation facilities associated with the arterial and collector 16 '-" """" road network of the county as identified in the county's comprehensive plan or the comprehensive plans of the City of Fort Pierce, City of Port St. Lucie, St. Lucie Village or by the State of Florida and identified within the study entitled "Roads Impact Fees for St. Lucie County." dated July. 2005. by Dr. James Nicholas which is incorporated by reference. Road impact fees shall not be used for maintenance or operation purposes. Such improvements shall be of the type as are made necessary by the new development. fb1W Except as provided in paragraph ttB W of this section, all funds shall be used exclusively for identified road capital improvements within the road benefit zone from which the funds were collected or for projects in adjacent road benefit zoneS which are of direct benefit to the road benefit zone from which the funds were collected. Funds shall be expended in the order in which they are collected. For purposes of this article, the road benefit zones shall be as depicted in revised figure 1. {e7úi} Each January the county administrator shall present to the board of county commissioners a proposed capital improvement program for roads on the arterial and collector road network of the county, assigning funds, including any accrued interest, from the several special revenue funds to specific road improvement projects and related expenses. Moneys, including any accrued interest, not assigned in any fiscal year shall be retained in the same special revenue funds until the next fiscal year except as provided by the refund provisions of this article. ttBW The collecting governmental entity shall be entitled to retain four (4) per cent of all impact fee funds it collects to offset the costs of administering and enforcing this article. PART L. CHAPTER 1-17 ROADS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY CREATING SECTION 1-17-30.1 AS FOLLOWS: Sec. 1-17-30.1. Alternative Collection Mechanism. In the event the Road Impact Fees are not paid prior to the issuance of a Building Permit because of mistake or inadvertence or in the event a municipality has not agreed to assist in the collection of those Road Impact Fees imposed within municipal boundaries. the County shall proceed to collect the Road Impact Fees as follows: (g) The County shall serve. by certified mail. return receipt requested an Impact Fee Statement Notice upon the Feepayer at the address set forth in the application for a Building Permit. and the Owner at the address appearing on the most recent records maintained by the Property Appraiser of the County. The County shall also attach a copy of the Impact Fee Statement Notice to the Building Permit posted at the site of the land development activity if construction has commenced. Service of the Impact Fee Statement Notice shall be deemed notice that the Impact Fees are due and service shall be deemed effective on the date the return receipt indicates the notice waS received by either the Feepayer of the Owner of the property. whichever occurS first. The Impact Fee Statement Notice shall contain the legal description of the property and shall advise the Feepayer and Owner as follows: 17 '-' "wtI ill The amount due and the general purpose for which the Road Impact Fees were imposed; ill That a hearing before the board of county commissioners may be requestedwithin thirty (30) calendar days from the receipt of the Impact Fee Statement Notice. by making application at the office of the County Administrator; ill That the Rood Impact Fees shall be delinQuent if not paid and received by the County within sixty (60) calendar days of the date the Impact Fee Statement Notice was received. excluding the date of receipt. or if a hearing is not scheduled and. upon becoming delinquent. shall be sub ject to the imposition of a delinquent fee and interest on the unpaid amount until paid; ill· That in the event the Road Impact Fees become delinquent a lien against the propertv for which the Buildina Permit was secured shall be recorded in the Official Records of the County. (Q) The Road Impact Fees shall be delinQuent if. within sixty (60) calendar days from the date of the receipt of the Impact Fee Statement Notice by either the Feepayer or the Owner or the date said notice was attached to the Building Permit. neither the Road Impact Fees have been paid and received by the Countv nor a hearing requested. In the event a hearing is requested. the Road Impact Fees shall become delinquent if not paid within thirty (30) calendar days from the date the board of county commissioners determined the amount of Road Impact Fees due upon the conclusion of such hearino. Upon becoming delinquent. a delinquency fee eQual to 10% of the total Road Impact Fees imposed shall be assessed. Such total Road Impact Fees. plus the delinquency fee. shall bear interest at the statutorv rate for final iudaments calculated on a calendar day basis. until paid. W Should the Road Impact Fees become delinquent. as set forth above. the County sholl serve. by certified mail return receipt requested. a "Notice of Lien" upon the delinquent Feepayer at the address indicated in the application for a Building Permit and Lipon the Owner of the property at the address appearing on the most recent records maintained by the Property Appraiser of the Countv. The Notice of Lien shall notify the delinquent Feepayer and Owner that due to their failure to pay the Road Impact Fees the County shall file a Claim of Lien with the Clerk of the Circuit Court. ísD Upon mailino the Notice of Lien. the Countv Attorney shall file a Claim of Lien with the Clerk of the Circuit Court for recording in the Official Records of the County. The Claim of Lien shall contain the legal description of the property. the amount of the delinquent Impact Fees and the date of their imposition. Once recorded. the Claim of Lien shall constitute a lien against the property described therein. The County Attorney shall proceed expeditiously to collect. foreclose or otherwise enforce said lien. W After the expiration of one year from the date of recording the Claim of Lien. as provided herein. a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted conducted and enforced in conformity with the procedures for the foreclosure of municipal special assessment liens. as set forth in Sections 173.04 throuQh 173.12. inclusive. Florida Statutes. which provisions are hereby incorporated herein in their entirety to the same extent as if such provisions were set forth herein verbatim. 18 ¥ """" ill The liens for delinquent Road Impact Fees imposed hereunder shall remain liens, coeQual with the liens of all state county. district and municipal taxes and superior in dignity to all other liens and claims. until paid. (g} The collection and enforcement procedures set forth in this Section shall be cumulative with, supplemental to and in addition to. any applicable procedures provided in any other ordinances or administrative regulations of the County or any other applicable law or administrative regulation of the State of Florida. Failure of the County to follow the procedure set forth in this Section shall not constitute a waiver of its rights to proceed under any other applicable procedure, PART M. CHAPTER 1-15 PARKS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-15-32 AS FOLLOWS: See, 1-15-32. Intents, purposes, and findings. (a) This chapter is intended to implement and be consistent with the'goals, objectives and policies of the St, Lucie County Comprehensive Plan, (b) The purpose of this chapter is to regulate the use and development of land so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide parks in St, Lucie County as contemplated by the St, Lucie County Comprehensive Plan, (c) The Florida Legislature through the enactment of Section 163.3202, Local Government Comprehensive Planning and Land Development Regulation Act and Section 380,06(16) of the Environmental Land and Water Management Act, Florida Statutes 163 and 380, respectively, has sought to encourage local governments to enact impact fees as a part of their land development regulation program, (ill The Park System of the County is designed and intended to provide recreational focilities and open space for all citizens of the County, in both unincorporated and incorporated areas. Therefore placing a fair share of the burden of the cost of providing capital improvements and additions to the Park System within municipal areas constitutes a county purpose, W All new residential construction within the County in both unincorporated and incorporated areas impacts the need for future improvements and expansions to the County Park System. Accordingly, the provision by the County of expansions and additions to the Regional Park System benefits all residents of the County. including residents of municipalities, and is in the best interest of the public's health. safety. and welfare. PART N. CHAPTER 1-15 PARKS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-15-34 AS FOLLOWS: 19 '-'" ..".,¡ Sec. 1-15-34. Definitions. Beach access area is an area developed to provide public acceSS to waterfront recreation areas. Beach acceSS areas include, but are not limited to, all accesses into the Atlantic Ocean; the Indian River Lagoon and its tributaries; the north fork of the St. Lucie River and its tributaries. Capital '¡nprovementincludes parks planning, land acquisition, site improvements, buildings, and equipment, but excludes maintenance and operation. Feepayer is a person commencing a land development activity by applying for the issuance of a building permit or electrical permit for a mobile home park or recreational vehicle park for a type of land development activity specified in section 1-15-36A of this article. Private recreational faC/My is any recreational facility which is not owned by or dedicated to any governmental entity. Park system consists of regional recreation areas. special recreation areas. beach acceSS areas and community parks. The park system does not include neighborhood parks. Regional recreation area is on area providing facilities designed for outdoor recreation and leisure activities, with a service area of sixty (60) miles or more and a desirable size of at least one hundred (100) acres. Activities may include, but are not limited to: boating, fishing, or camping; bicycle, hiking, or horse trail systems; nature or husbandry centers; or sport and athletic facilities. Special recreation area is an area designed for a single purpose or specific recreational and leisure activities that may include, but are not limited to: Golf courses, conservatories, zoos, gun or archery ranges, outdoor theaters, historic sites. marinas, botanical gardens, athletic complexes, or watersport facilities. PART O. CHAPTER 1-15 PARKS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-15-35 AS FOLLOWS: Sec. 1-15-35. Imposition of parks impact fee. (a) Any person who, after the effective date of this article, seeks to develop land within St. Lucie County by applying for the issuance of a building permit for one of the residential land use types specified in section 1-15-36 of this article or an electrical permit for a mobile home park or recreational vehicle park shall be required to pay a parks impact fee in the manner and amount set forth in this article. Nothing in this article shall be deemed to eliminate the requirements of Section 11.02.07 of the St. Lucie County Land Development Code. (b) No building permit forany residential land use types specified in section 1-15-36 of this article nor electrical permit for a mobile home park or recreational vehicle park shall be issued unless 20 -...... ..."" and until the parks impact fee hereby required has been paid as provided in section 1-15-37 of this article. . PART P. CHAPTER 1-15 PARKS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-15-36 AS FOLLOWS: Sec. 1-15-36. Computation of the amount of parks impact fee. (a) At the option of the feepayer, the amount of the fee may be determined by the following fee schedule. PARKS IMPACT FEE COUNTYWIDE ASSESSMENT LAND USE TYPE RESIDENTIAL Single-family Mobile home/RV Unit(MI ~P/RV park only) Multi féll'FIil'r (/\11 t,þes) Multi-family 1/2 floors Multi-family 3+ floors Hotel/motel Oed and breakfast Fesidenc~ (Docs Mt il.¡;I~ðe tl,e primor, rcsiåcnefO. $il.gIE f&l"il, ~I,it fEE must also bE &33e;3Je;a fOI· the; I Esidential portion of ~se) Bed & Breakfast (Guest Rooms) All other residential UNIT OF MEASURE IMPACT FEE Per unit Per .unit Per unit $4W 456 2M 299 359 Per room Per room 406 406 ~ 293 ~ Per unit 293 4W 456 NOTE: The fee schedule shown in this table is subject to annual revision based upon the provisions of section 1-15-47 of this article. If the type of residential development activity for which a building permit or electrical permit for a mobile home park or recreational vehicle park which is being applied for is not specified on the above fee schedule, the county administrator shall use the fee applicable to the most nearly comparable type of land use on the above fee schedule. (b) The person applying for the issuance of a building permit or electrical permit for a mobile home park or recreational vehicle park may, at his option, submit evidence to the county administrator indicating that the fees set out in paragraph (a) above are not appropriate for his particular development. Based upon convincing and competent evidence. the county administrator may adjust the fee to that appropriate for the particular development. The adjustment may include a credit against the fee otherwise payable of up to twenty-five (25) per cent for private recreational facilities 21 "-" "wII provided to the development by feepayer if the recreational facilities serve the same purposes and functions as set forth for regional recreation areas in the St. Lucie County Comprehensive Plan. PART Q. CHAPTER 1-15 PARKS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY CREATING SECTION 1-15-37.1 AS FOLLOWS: Sec. 1-15-37.1. Alternative Conection Mechanism. In the event the Parks Impact Fees are not paid prior to the issuance of a Building Permit because of mistake or inadvertence or in the event a municipality has not agreed to assist in the collection of those Parks Impact Fees imposed within municipal boundaries the County shall proceed to collect the Parks Impact Fees as follows: (g} The County shall serve. by certified mail. return receipt requested. an Impact Fee Statement Notice upon the Feepayer at the address set forth in the application for a Building Permit. and the Owner at the address appearino on the most recent records maintained by the Property Appraiser of the County. The County shall also attach a copy of the Impact Fee Statement Notice to the Building Permit posted at the site of the land development activity if construction has commenced. Service of the Impact Fee Statement Notice shall be deemed notice that the Impact Fees are due and service shall be deemed effective on the date the return receipt indicates the notice was received by either the Feepayer of the Owner of the property. whichever occurs first. The Impact Fee Statement Notice shall contain the legal description of the property and shall advise the Feepayer and Owner as follows: ill The amount due and the general purpose for which the Parks Impact Fees were imposed; ill That a hearing before the board of county commissioners may be requested within thirty (30) calendar days from the receipt of the Impact Fee Statement Notice. by making application at the office of the County Administrator: ru That the Parks Impact Fees sholl be delinquent if not paid and received by the County within sixty (60) calendar days of the date the Impact Fee Statement Notice was received. excluding the date of receipt. or if a hearin9 is not scheduled and. upon becoming delinquent. shall be sub iect to the imposition of a delinquent fee and interest on the unpaid amount until paid: (1) That in the event the Parks Impact Fees become delinquent a lien against the property for which the Building Permit was secured shall be recorded in the Official Records of the County. {Q) The Parks Impact Fees shall be delinquent if. within sixty (60) calendar days from the date of the receipt of the Impact Fee Statement Notice by either the Feepayer or the Owner or the date said notice was attached to the Building Permit. neither the Parks Impact Fees have been paid and 22 ...... ...." received bv the County nor a hearing reQuested. In the event a hearing is requested. the Parks Impact Fees shall become delinQuent if not paid within thirty (30) calendar days from the date the board of county commissioners determined the amount of Parks Impact Fees due upon the conclusion of such hearing. Upon becoming delinquent a delinquency fee equal to 10% of the total Parks Impact Fees imposed shall be assessed. Such total Parks Impact Fees. plus the delinquency fee. shall bear interest at the statutory rate for final iudgments calculated on a calendar day basis, until paid. W Should the Parks Impact Fees become delinQuent. as set forth above. the County shall serve. by certified mail. return receipt reQuested. a "Notice of Lien" upon the delinquent Feepayer at the address indicated in the application for a Building Permit and upon the Owner of the property at the address appearing on the most recent records maintained by the Property Appraiser of the County. The Notice of Lien shall notify the delinquent Feepayer and Owner that due to their failure to pay the Parks Impact Fees. the County shall file a Claim of Lien with the Clerk of the Circuit Court. @ Upon mailing the Notice of Lien. the County Attorney shall file a Claim of Lien with the Clerk of the Circuit Court for recording in the Official Records of the County. The Claim of Lien shall contain the legal description of the property. the amount of the delinquent Impact Fees and the date of their imposition. Once recorded. the Claim of Lien shall constitute a lien against the property described therein. The County Attorney shall proceed expeditiously to collect. foreclose or otherwise enforce said lien. W After the expiration of one year from the date of recording the Claim of Lien. as provided herein. a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted. conducted and enforced in conformity with the procedures for the foreclosure of municipal special assessment liens, as set forth in Sections 173.04 through 173.12. inclusive. Florida Statutes. which provisions are hereby incorporated herein in their entirety to the same extent as if such provisions were set forth herein verbatim. ill The liens for delinquent Park Impact Fees imposed hereunder shall remain liens. coequal with the liens of all state, county, district and municipal taxes and superior in dignity to all other liens and claims. until paid. {g) The collection and enforcement procedures set forth in this Section shall be cumulative with. supplemental to and in addition to. any applicable procedures provided in any other ordinances or administrative regulations of the County or any other applicable law or administrative regulation of the State of Florida. Failure of the County to follow the procedure set forth in this Section shall not constitute a waiver of its riahts to proceed under any other applicable procedure. PART R. CHAPTER 1-15 PARKS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-15-41 AS FOLLOWS: Sec. 1-15-41. Parks impact fee districts created. 23 '-' ..., There are hereby established two (2) parks impact fee districts as shown in figure 1, and generally described as follows: GRAPHIC LINK (not available): Figure 1, PARKS IMPACT FEES North Park DistrictA: All of St. Lucie County, less the following: Begin at the center _ of the intersection of South 25th Street and West Midway Road (POB); thence easterly to the center of the north fork of the St. Lucie River; thence southerly along the centerline of the north fork of the St. Lucie River to the point of intersection with the centerline of the Florida Power and Light power lines originating at the St. Lucie power plant; easterly along said power lines to the west bank of the Indian River; thence southeasterly along the west bank of the Indian River to the Martin/St. Lucie county line; thence westerly along the Martin/St. Lucie county line to a point of intersection with 1-95 and the southwest corner of the City of Port St. Lucie; thence northerly along the west city limit line of the City of Port St. Lucie to the center of the intersection of West Midway Road and Glades Cut-Off Road; thence easterly along the centerline of West Midway Road to the POB. South Park DistrictB: Begin at the center of the intersection of South 25th Street and West Midway Road (PO B); thence easterly to the center of the north fork of the St. Lucie River; thence southerly along the centerline of the north fork of the St. Lucie River to the point of intersection with the centerline of the Florida Power and Light power lines originating at the St. Lucie power plant; easterly along said power lines to the west bank of the Indian River; thence southeasterly along the west bank of the Indian River to the Martin/St. Lucie county line; thence westerly along the Martin/St. Lucie county line to a point of intersection with 1-95 and the southwest corner of the City of Port St. Lucie; thence northerly along the west city limit line of the City of Port St. Lucie to the center of the intersection of West Midway Road and Glades Cut-Off Road; thence easterly along the centerline of West Midway Road to the POB. PART S. CHAPTER 1-15 PARKS IMPACT FEE OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY AMENDING SECTION 1-15-43 AS FOLLOWS: Sec. 1-15-43. Use of funds. (a) The collecting governmental unit shall be entitled to up to but not more than four (4) per cent of the funds collected to compensate them for the administrative expense of collecting and administering the parks impact fee ordinance. All remaining funds collected from parks impact fees shall be used solely for the purpose of capital improvements to parks the parks system. including. beach access areas, special recreation areas and regional recreation areas LindH the jurisdictiön within the Comprehensive Plan of St. Lucie County and identified within the study entitled "Parks Impact Fees for St. Lucie County." dated Julv. 2005. by Dr. James Nicholas. which is incorporated by reference, or with prior approval of the county commission those parks. beach access, regional recreation and special 24 ~ ....r recreation areas under the jurisdiction of the City of Ft. Pierce, Port St. Lucie, St. Lucie Village or the State of Florida and not for maintenance or operations. Land acquisition and improvements shall be of the type made necessary by the county's growth and development. (b) Except for the up to four (4) per cent retainage authorized above, fttnd5 all remaining funds collected from the parks impact fee shall be used exclusively for identified parks capital improvements within the parks impact fee district from which funds were collected or for projects in other districts which are of direct benefit to the district from which the funds were collected. (c) Each January the county administrator shall present to the board of county commissioners a proposed capital improvement program for parks, assigning funds, including any accrued interest, from the parks impact fee trust fund to specific park improvements projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same parks impact fee trust fund until the next fiscal period except as provided by the refund provisions of this article. Funds shall be deemed expended in the order received. (d) The Board of County Commissioners of St. Lucie County may enter into interlocal agreements with the governing bodies of the municipalities in St. Lucie County to ensure proper use of the funds collected pursuant to this article. PART T. SEVERABILITY . Provisions of this Ordinance are severable; and if any section, subsection, sentence or clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this ordinance shall not be affected thereby. PART U. ALTERNATIVE METHOD. This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This ordinance, being necessary for the welfare and the inhabitants of the County shall be liberally construed to affect the purposes hereof. PARK V. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within ten days after enactment by the Board, and this ordinance shall take effect upon receipt of official acknowledgment of filing as provided in Section 125.66(2), Florida Statutes. 25 - '-' y "- PARTW. FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART X. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Frannie Hutchinson Vice Chairman Doug Coward Commissioner Joseph Smith Commissioner Paula A. Lewis Commissioner Christopher Craft xxx xxx xxx xxx xxx PART Y. CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section," "article" or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts G to L shall not be codified. PASSED AND DULY ADOPTED this _ day of ,2005. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: By: Chair Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: County Attorney 26 \.f ..." BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 28, 2005 Tape: 1-3 Convened: 9:00 a.m. Adjourned: 12:54 p.m. Commissioner Present: Ch¡¡irperson, Frannie Hutchinson, Doug Coward, Paula A. Lcwis, Joseph Smith, Chris Crall Others Present: Doug Anderson, County Administrator, Ray Wazny, Ass1. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Mike Bowers, Utilities Director, Beth Ryder, Community Services Director, David Kelly, Planning Manager, Millie Delgado- Feliciano, Deputy Clerk 1. MINUTES (1-024) It was moved by Com. Coward, seconded by Com. Craft, to approve the minutes of the special meeting held .J une 13, 2005 and the regular meeting held on June 14, 2005, and; upon roll ca]], motion carried unanimously. 2. PROCLAMA TrONS/PRESENT A TrONS A. Resolution No. 05-238- Commending Dr. Tim Gottawald for his outstanding service and national recognition as United States Department of Agriculture, Agricultural Research Service, "Distinguished Senior Research Scientist of the Year". It was moved by Com. Lewis, seconded by Com. Craft to approve Resolution No. 05- 238, and; upon roll call, motion carried unanimously. B. Resolution No. 05-260 - Naming James Gibson "Ambassador of the Arts" and Proclaiming June 28, 2005 as "James Gibson Day" in S1. Lucie County, Florida. It was moved by Com. Smith, seconded by Com. Craft, to approve Resolution No. 05- 2ÔO, and; upon roll call, motion carried unanimously. C. RCSO!lIlioll No. O)-2(¡7- Rccognil'.ing Jllly 1,200) as the lOOt ¡ year annivcrsary of the establishment of S1. Lucie County, Florida, and Proclaiming July 1,2005 as S1. Lucie County Day. It was moved by Com. Coward, seconded by Com. Craft, to approve Resolution No. 05- 267, and; upon roll call, motion carried unanimously. D. Resolution No. 05-268- Honoring Imogene Griffis Vaughn on being one of the two oldest living 81. Lucie County Natives being recognized during the celebration of the 100lh year Anniversary of the establishment of S1. Lucie County, Florida. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 05- 268, and; upon roll call, motion carried unanimously. E. Resolution No. 05-269 Honoring Louise Summerlin Parker on being one of the two oldest living St. Lucie County natives being recognized during the celebration of the 100th year anniversary of the .. es(,lbl ishl11cn( 0 r St. Lucie County, Florida. <: '--" "'" It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 05- 269, and; upon roll call, motion carricd unanimously. F. The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS Mr. Brantly Shirrard grove owner, thankcd Dr. GottawaId for his services to the Agricullure induslry. 4. CONSENT ACìENDA (1-987) It was moved by Com. Lewis, seconded by Com. Coward, to approve the Consent Agenda with items C6B, C9F, C9H being pulled and item CBB placed on the regular agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 38 and 39. 2. COUNTY ATTORNEY D. '" A. Rcsolution No. 05-256- Extending the State of Emergency for Ilurricanc Frances; and, Rcsolution No. 05-257 Extending the State or Emergency for Hurricane Jeanne- The Board approved Resolution No. 05-256 and Resolution No. 05-257. B. Partial Release or Lien ror St. Lucie County Code Enforcement Board Order Imposing Fine/Lien in Case No. 19766 dated October I, 2003- The Board authorized the Chainnan to sign the attached Partial Release of Lien. C. Donation of Right of Way- Denuzzio Investment Group, LLC- 3 feet on Cayuga Avenue and 30 feet on St. Lucie Blvd., San Lucie Plaza- Resolution No. 05-258- The Board accepted the Warranty Deed, authorized the Chairman to sign Resolution No. 05-258 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. rd W eekend Work Program - 3 Amendment to March 4, 1997 Tnterlocal Agreement with the Sheri fr- The Board approvcd the proposed )"" Amendl1lenlto the March 4, 1977 Intcrlocal Agreement with the Sheriff and authorize the Chairman to sign the Agreement. E. Parcel 22 at PGA Village- Subdivision Improvement Agrcement- The 80;ml approved the Subdivision Improvement and authorized the Chairman to sign the Agreement. Com. Smith had requested the opportunity to review the annual reports from Kolter before taking action. The County Administrator stated the 2003 report has been received as of a week ago and the other should be received this week. Com. Coward questioned if this was related to the hotel discussed Previously. Staff advised th(( Board this was a totally separate subdivision. Com. Coward stated there were some issues that needed to be resolveð alltl he COIlCUITed with Com. Smith but rclt it may not bc ncccssary to hold this issuc back since it has gonc through considcl'ilble rcview and '. 2 '-' ...., is in its very last stage. He is not sure he agrees with pulling this item but docs recognize his sentiments. Com. Smith stated he believed this item had been before the Board previously and no one has come forward to speak to the Board on the concerns. The Planning Manager stated this issue had not been before the Board previously or been pulled. The Chairperson of the Board asked staff to draft a letter for her signature requesting a representative eome in and meet with each of the Board members to discuss concerns. The County Attorney stated he spoke with Mr. Sapo and will be scheduling a meeting with the developer representatives and the homeowner representative and staff. F. Permission to File Suit against Kim L. Glynn and Cheryl Couch Austin- The Board granted pel111ission to allow the County Attorney to !ìle suit against Kim L. Glynn and Cheryl Couch Austin to require the removal of junk, trash, debris and the removal or repair ofthe structurally unsound fence on the property described above. G. Platt's Creek Stormwater Improvement Project- FPL Company Easement- The Board approved the Utility Easement in favor ofFPL Company, authorized the Chail111an to execute the Easement and directed staff to record the Easement in the Public Records of St. Lucie County, Florida. H. Pel111ission to Advertise - Ordinance No. 05-14 Amending Occupational License Fees- The Board approved advertising proposed Ordinance No. 05-14 for public hearing on July 12, 2005 at 6:00 p.m. or as soon thereai1er as it may be heard. r. Revocable License Agreement- Smithsonian Institute, on behalf of Smithsonian Marine Station of Fort Pierce- Saltwater Intake pipe at Ft. Pierce Inlet Park- The Board approved the revocable license agreement, authorized the Chail111an to sign the Revocable License Agreement and directed the Smithsonian Institute to records the document in the Public Records of St. Lucie County, Florida. 3. MANAGEMENT AND BUDGET A. Approval for Health Depatiment to purchase four trucks- The Board approved the use of$26,000 ofthe General Fund approved budget allocation for the St. Lucie County Health Department to purchase lour vehicles and trade three vehicles and authorized the Chairman to sign all pertinent documents necessary. .> B. Adopt Budget Resolution No. 05-248 amending Budget Resolution No. 05-23G due to scrivener error- The Board adopted Budget Resolution No. 05-248. 4. PUB1.IC SAFETY A. Savin 4035e copy machine with fax and printer/scan option (State of Florida IT Contract # 250-000-03-1- Approve Budget Amendment No. BA05-136 and Equipment Request No. EQ 05-339 (Savin copy machine 4035e $7,693, fax option $699.00 printer /scan option $1,622.00 for a total of$1 0,014.00. The Board approved Budget Amendment No. BA05-1 3G and Equipment Request EQ 05-339. " '. ... .' ~ '-II B. Five Dell Illspiroll 60000 Laptops and Microsoft Windows XP Approved Budget Amendment No. BA05-159 and Equipment Request No. EQ05-340 (Five Laptops, Five Microsoft Window XP license for a total of$8,842.00. The Board approved Budget Amendment No. BAS05-l59 and Equipment Request No. EQ05-340. C. Certificate of Public Convenience and Necessity - Renewal of St. Lucie County Fire District, Class A CON- The Board approved the Emergency Services Advisory Committee's recommendation that the Board approve the renewal of St. Lucie Fire District for a Class A CON. D. Certificate of Public Convenience and Necessity- Renewal of Lifeline Medical Services, Inc., Class B & F CON- The Board approved the Emcrgcncy Medical Services Advisory Committee recommendation that the Board approve the renewal of Lifeline Medica] Services, Inc., [or a Class B & F CON. E. Certificate of Public Convenience and Necessity- Renewal of All County Ambulance, Class B & F CON - The Board approved the Emergency Medical Services Advisory Committee's recommendation that the Board approve the renewal of All County Ambulance for a Class B & F CON. 5. CENTRAL SERVICES A. Change Order No. 1- Contract No. C04-05-253- H & J Contracting- Ancient Oaks Park (Weldon B. Lewis Park) - The Board approved Change Order No.1 to Contract No. C04-05-253 in the amount of $29,451.20 and authorize the Chair to sign the Change Order as prepared by the County Attorney. B. Purchase of an Inlì'ared Camera for monitoring and diagnosing the condition of buildings- The Board approved Equipment Request No. EQ05-341. C. Edlund Dritenbas Binkley Architects- C03-08-520 - New Clerk of Court Building Phase II Change Order No. 1- The Board approved Change Order No.1 to Contract No. C03-08-520 Edlund Dritenbas Binkley to increase the contract sum $2,188.75 for the new Clerk of Court generator room and authorized the Chairman to sign the Change Order as prepared by the County Attorney. D. Florida Boating Improvement Program Request from the City of Port Sl. Lucie ['or reimbursement ofFBIP funds with completion of the "Boating Access Study"- The ßoard approved the request I¡'om the ('ily ol'l'orl 81. I ,uci¡; to r¡;il11burs¡; $22,()()() utili/,in)!, Florida Bo,lling IllIproV¡;JlH.:nt FUJlds as described in Article I of the lnterlocal Agreel1leJlI. 6. ADMINISTRATTON A. 81. Lucie County Cultural Affairs Board Vacancy- The Board ratified the at large appoint of Leland Carpenter to the Cultural Affairs Council retroactive to April 2005. B. This item was rulIed. C. Environmental Control Hearing Board- The Board ratified the appointment of Steve Marquart as the Treasure Coast Chapter of Florida Engineering Society Appointment to the Environmental Hearing Board. fit ,; 4 '-' .."" 7. PUBLIC WORKS A. Engineering Division - Amendment 2 - The Board approved Amendment NO.2 to the agreement with Kimley Hom and Associates, Tnc. in the amount of $6,64 1.00 for the preparation, allendalH.:e, and participation associated with the Lennard Road PD&E Study Workshop on August 1,2005 and authorized the Chairman to s1gn. B. In an effort to balance the Fiscal Year 2006 Public Works Engineering Budget, staff requested Board approval to move approved Capital Projects to different funding sources- The Board approved moving projects in the amount of $1 ,547,756.00 to Road Impact Fees and move proj ects in the amount of $1 ,418,201.00 to the Local Options 5th Cent Capital Fund in an effort to provide for operation funding and balance the FY 2006 Public Works Engineering Budget. C. Road and Bridge Division- Award Bid - The Board approved awarding Bid No. 05-051 Indrio Road/U.S. 1 Intersection Improvements project, to Community Asphalt Corp., the lowest bidder, in the amount of $790,496.25, establish the proj ect budget as outlined in the attached memorandum, and authorized the Chairman to sign the contract as prepared by the County Attorney. The Board also approved using Impact Fees to fund $626,370.00 of this project. D. Engincering- First Amendment to Work Authorization No. 1- The Board approved Work Authorization No.1 to the Contract for Professional Engineering Services related to Stol111water Management with Bowyer Singleton & Assoc., for additional services on Prima Vista Baffle Box in the amount of$4,832.00 and authorized the Chairman to sign. E. Solid Waste Division- The Board approved the June 13. 2005 proposal from CDM for engineering services to assist St. Lucie County with the expansion of the Solid Waste Bailing & Recycling Facility for design and pel111itting. F. Solid Waste Division- The Board approved the June 13,2005 proposal from CDM for engineering services to assist St. Lucie County with the overall landfill gas system management including management of the existing Phase 1 and II landfill systems, leachate dClVakring ,idivities, gas systems compliance Illonitoring and Phase III gas systelll design for a lump sum or$495,370.00. G. Solid Waste Division- The Board approved the Non Exclusive Commercial Solid Waste and Recyclable Material Collection Service Agreement for Rolling Rock Excavation Company, Inc., and authorized the Chail111an to execute. 1-1. Solid Waste Division- The Board approved increasing the Solid Waste Baling & Recycling Cash Drawer and Cash Change Bag Fund from $650.00 to $1,000.00. I. Ellvirollllll:ntal Resource Division- The Board approved Budget Rl,sohllioll No. O)-2(») inlhe al1lount ol'$50,O()() to eslahlish a budget /¡)r these I'ullds ill 1'"'1' 2(0). J. Enginecring- The Board approved the Locally Funded Agreement lit between St. Lucie County and the FDOT for the County's participation of$691,323.82 for the Indian River Lagoon Trace r. 5 '-" ....., Shared Use Path along SRA1A and approved Resolution No. 05-262 and authorized the Chairman to sign. 8. P ARKS AND RECREA nON A. Children's Services Council Grant ($14,400.00) for Summer Programs and Resolution No. 05-254- The Board approved Budget Resolution No. 05-254 to accept the $14,400.00 grant from the Children's Services Council ofSt. Lucie County for Summer Camp Programs 2005. B. Removable Floor Covering for the Adams Ranch Arena- Bid No. 05-065 and Equipment Request No. EQ 05-342- The Board approved awarding bid 05-065 to Signature Flooring, the only responsible bidder in the amount of $17,370.00 approved the equipment request 05-342 for a total amount of $21 ,825.00 and authorized the Chainnan to sign the contract as drafted by the County Attorney. 9. PURCHASING A. Permission to advertise ~ The Board approved advertising and Invitation for Bid far Baling Wire. B. Permission to advertise- The Board approved advertising for Bid for Gcnerator Preventative Maintenance, Service Inspections and Load Bank Testing. C. Award orRFP 05-041- The Board approved awarding RFP 05-04! Juvenile Assessment Center Service Expansion Pilot Program to Human Services Associates, Inc., for a total 18 month cost of $462,546.00 and granted permission for the Chairman to sign the contract as prepared by the County Attorney. D. Approval ofHunicane Related Purchases- The Board approved the list of Hunicane related purchases. E. Bid No. 05-064 Purchase and Installation of Tensioned Fabric Structure- The Board approved awarding Bid No. 05-064 to purchase and install a tensioned fabric structure to the lowest responsive bidder, Shelter Structures, Inc., for a total amount of$29,830.00 and authorized the Chai1111an to sign the contract as prepared by the County Attorney. ./ F. ^ward or RFP 05-040 Concession Services - This item was pulled. G. Pennission to advertise- The Board approved advertising and Invitation for Bid for resurfacing the rubberized track at Lawnwood Stadium. H. Work Authorization No. 7.for contract C03-02-235- This item was pulled. 10. CULTURAL AFFAIRS A. Sponsorship of Centennial exhibit at St. Lucie County Historical Museul1l- The Board approved the agreement proposed by the Scripps Treaslll:e Coast NGwspaper to be the exclusive sponsor oUhe Centennial Exhibit at the St. Lucie County Historical Museum and " accepted the in-kind advertising donation valued at $10,800.00. .' 6 '-" ....,. B. Historical Museum Sidewalk- The Board approved the construction of ,¡ sidewalk on the west side of the Historical Museum that will serve as an outdoor museum exhibit area highlighting the County boat building heritage and approved the $30,000 budget for the project and also granted permission to advertise for bids. I I. AIRPORT A. Drainage Basins E and F1Development Area at the St. Lucie County International Airport (Scribner's Error June 14,2005 Agenda) - The Board approved the correction to the fund numbers for Kimley Horn's scope of services and work authorization no. 16 for conceptual planning and drainage design for drainage basins E and F1 development area at St. Lucie County International Airport in the amount of$40,712.00. B. Budget Amendment Bellsouth Telephone Equipment- The Board approved the supplemental budget amendment in the amount of $1,492..75 for the purchase of BeJ1south telephone equipment for a total amount of$5,963.75 for the St. Lucie County International Airport. C. United States Customs & Border Protection General Aviation Facility Design Modification- The Board approved PBS&J's work authorization number 9 in the amount of$15,120.00 for the U.S. Customs & Border Protection Building Design Modifications to meet federal requirements at the St. Lucie County International Airpoli. D. Airfield Lighting Rehab- The Board approved Work Authorization No. 10 for $49,767.00 with PBS&J for Construction Management and RPR Services to support the remaining construction of the Airfield Lighting Rehab Project at the St. Lucie County International Airport. 12. GRANTS Authorize submillal ol'grant application to the Florida Dept. of Agriculture and consumer Scrvices- The Board approved the submittal of the grant application, acceptance of the grant ifit is awarded, and approved Resolution No. 05-255 to authorize St. Lucie County to enter into an Urban and Community Forestry Grant Memorandum of Agreement with the State of Florida, Department of Agriculture and Consumer Services Division of Forestry. 13. SHERIFF ;" A. Forensic Mental Health ContraCt with Prison Health Services- The Board approved the Sheriffs budget amendment and transfer of funds in the amount of$110,256.06. B. This item was placed on the regular agenda. C. Law Enforcement Impact Fees- The Board approved the Sheriffs· Amendment and transfer offund in the amount of$336.250.00. 14. INVESTMENT FOR THE FUTURE Allocation of additional funds- The Board approved additional funding ill the amount of $48,170.00 for the Walton Road A~nex project. 15. COMMUNITY SERVICES ~ .; 7 ~ ...., Permission to advertise an RFP for Community Development Block Grant Housing Rehabilitation projects- The Board authorized advertising an RFP for Community Development Block Grant Housing Rehab projects. 16. INFORMA nON TECHNOLOGY A. Approval to purchase repJacement electrical supply system due to the existing system reaching the end orserviee lin, EOSL and parts no longer available. The Board approved the purchase orthe n::placclllent UPS and Banner Backup Server equipment at a total purchase oC $11 (),5I 8JJ7 out or the Sun Trust Cund balance. B. Approval to extend the County's existing Bellsouth contract for Internet Service for an additional 36 1110nths- The Board approved the request to extend the County's existing Bellsouth contract for an additional 36 months. 17. UTILITIES Staff requested permission to advertise and provide notice to customers for a Public Hearing to consider the proposed consolidated utility Rate Tariffs- The Board approved advertising and to provide notice to customers for a Public Hearing on August 2, 2005 to consider the proposed consolidated utilities Rate Tariffs in conjunction with the proposed consolidation oCthe North Hutchinson Island, North County, H.E.W. Lakewood Park and the Airport County Utility Districts. REGULAR AGENDA SA. GROWTH MANAGEMENT (1-1415) Consider Brantley Shirrard's request for a waiver of the paving requirements for an internal roadway in a new subdivision located east of Pulitzer Road and 1 mile south of Orange Avenue- Consider staff recommendation to approve the requested waiver with the condition that would require the lot owners, at the time that Pulitzer Road is paved, to bear all costs associated with paving this internal road. These costs would include, but not be limited to design, permitting and construction and any other costs associated with this improvement. Likewise the developer shall escrow funds for their fair share contribution to the paving of Pulitzer Road. All members of the Board disclosed having contact with the applicant (Quasi Judicial). COIll. Coward stated his concerns with this request setting a precedent. Mr. SI1~rrard submitted his comlllents and request to the Board (attached). Com. Craft qucstioned thc amount to be placed in escrow. The PImming Manager stated he had spoken with Public Works and the cost could not be detennined at this time since they have not done the estimates which would be predicated on the design and right of way acquisitions. Com. Smith questioned if the Board is able to do deed restrictions on the property. The County Attorney stated the deed restriction would need to be imposed by the property owner. Com. Hutchinson stated it was her imderstanding that even if a deed restriction was - imposed the county could not enforce it. 61 .. 8 "- ,...,¡ Com. Lewis stated she does not see the reason to require the internal road be paved. She docs not havc a problcm leaving this road unpaved, howcvcr the external road is another ISSUC. Com. Coward stated he did not think this is a site specific issue and believes this would have an impact of about 200,000 acres of the western part of the county. Com Craft stated his conccrn is not having a cost on what would be placed in escrow and was not comfortable with approving this without some security. It was moved by Com. Lewis, to approve the requested waiver with the condition it be placed on the plat at whatever time Pulitzer is done and the internal road would be paved at their cost and if an MSBU is proposed for Pulitzer Road they be required to participate, minus the escrow provision for Pulitzer Road (at this time Com. Hutchinson passed the gavel to the Vice Chai rman) seconded by Com. Hutchinson, and; upon roll call, the vote was as rÒllows: Ayes: Lcwis, Hutchinson, Nay's: Smith, Craft. Coward, motion denied by a vote ofJ to 2. Com. Craft stated he would like to have a hard number to look it. The property owners need have an idea of the costs and this is why he did not support the motion. He requested staff come back with a hard number in the future. Com. Smith suggested maybe another type of contribution would be amenable such as schools, parks or other issues the county may have. Com. Lewis stated she believed these types of contributions would be made on the impact. The County Attomey suggested discussing with the applicant a number and come up with a recommendation with a fair share contribution in addition to the plat language that would require an M.S.B.U. The County Attorney statcd one of the problems they have with these types of project is wilh the drainage. lie suggcsted SOIllC contribution be made towards the drainage improvement this would be working towards a paved road. Com. Coward suggested carving out some acreage for pond sites. Com. Craft recommended Mr. Shirrard go back and meet with staff and if there is something with the drainage improvement that can be done and Mr. Shirrard agrees, it can then come back to the Board. COI11. Coward stated he can assure that he would not vote for any modification unless there is a minimum fair share contribution.[rom the developer. -" Mr. Shirrard stated they would be willing to look at this when Pulitzer Road and its extension is paved whenever this may be and no one really knows when this would be then they would be willing to commit. Com. Cran requested the property owner see thc number (cost) before they commit. It was the consensus of the Board to request the Public \-Yorks staffmcct with Mr. Sllirrard and comc up with some typc of fair share contribution taking into account tile right of way dedication th;\t has been done and all thc other factors Mr. Shirrard has requested and come back to the Board if a compromise is achieved. 5B. GROWTH MANAGEME~T (2-1167) .., Consider the petition of Matt Nyberg for a waive from the requirements of Section 7.05.07 of the St. Lucie County Land Development Code for the project to be known as Christensen Farms Subdivision for property located on the west side of Christensen '. 9 '-' ...." Road, staffrccommcnds dcnial ofthc request for a waiver of Section 7.05.07 of the St. Lucic County Land Dcvclopmcnt Code. Mr. Nyberg, applicant, addressed the Board and stated he felt he could have the waiver due to the fact the Code states it was pennissible because the road paving was not essential to provide adequate access to proposed development. It is outside the urban service district and he is on well and septic and is a small traffic generator. The Planning Manager stated this was well within the urban service boundary. Com. Coward stated they may be mixing up service issues which is what he may be referring to and not the urban service boundary. Mr. Nyberg stated he felt he deserved a credit for all the money he has already invested improving the county right of way. There are no plans to pave Christensen Road and those in the area do not want is paved and prefer it stay rural. He has provided evcrything the County has required for him to do. He has over $65,000 in costs. This is as dead end road. He felt it was not fair that he be requested to pay $48,000 when he has a1ready paid $65,000 and felt it was a wash. Com. Coward stated Christensen Road is not going to be a private road, it will be a public road. He stated he concurred with staff and is not in support of the waiver, but is in support of the accounting improvement made by applicant. The County Attorney stated any fair share contribution would be taken into account should an MSBU be created. The Road and Bridge Manager stated today was the first time he had heard anything about a credit being requested by the applicant. Aiìer continued discussion, the Board directed staff to meet with Mr. Nyberg to discuss fair share contribution and suggested this issue be continued on July 26,2005. It was moved by COI11. Coward, seconded by Com. Craft to continue this itcm on July 26, 2005 at 9:00 a.m. or as soon thereafter as possible, and; upon roll call, motion carried unanimously. 5C- Request of Matthew Nyberg for final plat approval for the project to be known as Christensen Fan11S Subdivision - This item was deferred until July 26,2005. 6. PUBLIC WORKS (2-2238) Engineering Division SR 615-S. 251h St.- Roadwaywidening Midway Road -Edwards Road- Work Authorizatioll No. I with Kill1]ey Horn And Associates, Inc., to provide Cl111Slrill'l iOIl L·lli'.i IIL'Loring alld illspcct il1n - ('ollsidcr St;1 IT rL'collllllClld;lt iOIl to approvc Work /\uthorizalioll No. I wilh Killlky Ilorn Associatcs, IIIC., ínlhc amount of ~ I .<d5,2')O.OO 10 providc construclion cnginccring and íllspcelion {(J " the S. 2511. Sl Roadway Widening Project and authorize the Chairman to sign. It was moved by Com. Coward, seconded by Com. Lewis, to approve work authorization No.1 and authorized the Chaimlan to sign, and; upon roll call, motion carried unanimously. 7. PUBLIC WORKS Engineering Division SR 615 S. 25'[11 St. Midway Road - Edwards Road Widening Project- Work Authorization No. 16- with Dunkleberger Engineering & Testing Inc., to" provide geotechnical testing services in the amount of $20,000.00. " 10 '- ....., It was moved by Com. Craft, seconded by Com. Lewis, to approve Work Authorization No. 16 and authorized the Chairman to sign, and; upon roll call, motion carried unanimoLlsly. 8. PUBLIC WORKS Engineering Division- Consider staff recommendation to award Bid No. 05-057, State Road No.GI5 (25th St.,) to Dickerson Florida Inc., in the amount of$18,457,554.79 to establish the project budget including a 10% contingency in the amount of $20,303,311.00 and authorize the Chairman to sign the contract as prepared by the County Attorney. It was moved by Com. Craft, seconded by Com. Coward, to approve staff recommendation, and; upon roll call, motion carried unanimously. 9. STRATEGY & SPECIAL PROJECT Applicant's fonnal request for a reduction in the application fees for the proposed Adams Ranch "Rural Land Stewardship" comprehensive plan amendment. Com. Coward stated he was in support and asked what was the cost needed to cover staffing and asked if the $13,200 suggested base fee was enough to cover these costs. Staff stated it would be enough to cover the initial application, determination of concurrency and the comp plan amendment. Com Coward asked if this was enough to cover the cost also of any expertise needed. Staff responded yes. It was moved by Com. Craft, seconded by Con. Lewis to accept the adjusted fees to cover the costs in the amount of $13,200 (base fee schedule shall be brought back in resolution form for Board approval); and, upon ro11 caU, motion carried unanimously. 10. ADMINISTRA nON Cultural Affairs Council currently has one vacant appointment. Consider staff recommendation to select one at large appointment from the candidates submitted. Upon tally of the vote, Mr. Jon Ward was appointed 5-0. II. ^ )MINISTI{^' , ON Opening of Pod I at the Jail- Consider recommendation from the Citizen's Budget committee and staff to open Pod 1 for County inmates upon completion. The County Administrator stated there are 3 things being worked on for implementation per the study. Com. Coward stated there are many more improvements, whieh are being worked on internally and he felt they have not received the infonnation as yet. (·1I111. ('r;111 C0I11111l:nted on there being fewer inmates at this timc comparing to this time List YL·;lr. ("hicI" Wi ISOl1 stated this is true hmvever, it docs not change the fact they arc sti II 400+ over capacity today. '" Com. Craft stated they are 100 less than last year at this time and stated maybe they could dclay this for 6 months until more programs are implemented and get over the deficit and .'; 11 '-- - maybe utilize the pod for federal inmates. He believes if this pod is opened they will not move as efficiently and as quickly as they can. Chief Wilson stated he did not believe these programs could come on line quick enough to make an impact on the 400 people that are over the population of the current jail. Com. Hutchinson asked if they can verify how many inmate bunks are at the current jail. Chief Wilson stated there were 969 bunks, however the jail was built to standard and infrastructure at 756. Com. Smith stated his concern was that he was having a problem telling the taxpayers they were opening a pod in order for inmates to "stretch their legs". He stated he understood it was a difficult job and thanked them for working with the Board to attempt to move this forward. Com. Lewis stated she did not believe this was a comfort issue, but a safety issue. The studies indicated there is friction increase, anger and frustration when Jiving organisms are in a close proximity and felt this is a safety issue for the correction officers as well and believes they need to go ahead with opening pod 1. Com. Cran stated he would concur with Com. Lewis if the numbers had increase even slightly from last year. He docs not believe they will reach the number indicated by the Sheri rrs office by September. He believes there will be great improvement when the new judges eomeon line. Com. Lewis stated she agreed strives arc being made and believe more strides will be made, however, they cannot ignore the fact that there arc 400+ bodies out there that do not have facilities available 1'01' them, even looking at the fact it is less than last year, there are 220 people sleeping in boats. We have the facility and the staff and need to open the pod. Chief Wilson stated the state dictates what needs to be provided as far as the space, the showers, toilets etc. and also the safe environment they are responsible to provide to those inmates awaiting trial and for the staff. Com. Coward stated he agreed with many comments from both sides, however to him there has been a capacity issue in place for some time and this is why he voted to build the facility. There have been improvements made but this does not diminish the fact they still have an over capacity problem that needs to be dealt with. They have made capital investment and an investment in staffing and have a capacity issue that will not soley be resolved by the Kall1lanoff study in a short period. The study is a part of the long ten11 solution but willnol provide immediate resolution to the 400+ over capacity issuc. Thc urigill:1l idea W;IS lu hili Id Jod I Ii)!' OVer capacily and pod 2 li)r I'cdn;¡J inl1lates [0 bring in addiÚonal revenue to help pay tar the improvements and he is still in support of that. Com. Hutchinson questioned if there was an idea as to when the recommendations would be implemented. The County Administrator stated the GPS system the proposals are in and will go to the Board in 6 weeks. The Coordinator position, interviews are scheduled for week after next (possible 6-8 weeks). The Judge from Washington to work on first appearances will be here a the end ofthc month and will be meeting with the judges, all this will take about 8-10 weeks. Com. Hutchinson statcd she would.be willing to wait until the end of October giving time 1'01' somc of the study to be implcmented and see some results. Her concern was opening the pod and ncver it bcing empty again. '* ChierWilson stated he could not sce why they would not move the 256 inmates to the ncw pod whcn they havc everything in placc to do so. 12 ..... '...I Com. Smith qucstioned if they arc moving to get the jail back to the original 756. Chief Wilson stated their goal is to follow the modcl jail standards of Florida and the requirements and what the jail was built for. Com. Lewis stated the fact is the pressure of this end will remain and they funded pod 1 and have an issue of safety and there could be fines. She cannot see a Judge looking kindly at the County not utilizing space for the purpose it was built. She believes the study will help but will take time to implement. Com. Hutchinson suggested giving time to review the tape and asked ifit could be postponed until the 261h. The County Administrator stated if it is delayed, they would not be able to order the equipment needed for the August I opening. Com. Craft stated he did not have a problem with this idea. Com. Coward stated the investments made for this facility were necessary and he does not believe they can soley rely on the Kalmonoff study without utilizing the investment madc and recognizing the over crowing that exists. He believes it is in the best interest in the community and the staff at the jail and all things considered to move forward to opening pod I without delay and continue a steadfast on the implementation of the study and felt this could be accomplished. Chief Wilson stated that with no programs on line and the facility completed and not opening the pod, they would be leaving the Sheriff holding the bag. It was movcd by Com. Smith. seconded by Com. Lewis to open pod I at our facility Com. llutchinson requested a report brought back to the Board regarding the time framc of when the study recommcndations will be implemented and a report to the Board, the Sheri fr and the Court Advisory Board the progress in eliminating the numbers (quarterly), and; upon roll call, the vote was as follows: Nay: Hutchinson, Craft, Aye's: Coward, Smith, Lewis, motion carried by a vote of3 to 2. 12. COUNTY ATTORNEY Local Option Gas Tax Division of Proceeds Beginning September 1,2005- Consider staff recommendation that the Board detennine whether to approve the annual re- dctermination set out in the memorandum and direct the County Attorney to notify the DepartÙlent of Revenue of the re-determination by July I, 2005. It was moved by Com. Craft seconded by Com. Coward, to approve the annual re- detennination as set in the mcmorandum and direct the County Attorney to notify the Department ofthe re-detennination by July 1,2005, and; upon roll cal!, motion carried unanimously. 13. COUNTY ATTORNEY (3-] 183) Utility Consolidation Ordinance No. 05-024- Consider staff recommendation to grant pel111ission to adveliise Ordinance No. 05-024. It was moved by Com. Craft, seconded-by Com. Coward, to grant pennission to adveliise Ordinance No. 05-024, and; upon roll call, motion carried unanimously. if 14. COUNTY ATTORNEY Educational Facilities Impact Fee- Ordinance No. 05-025 Pennission to advertise- ,- 13 · ~ """ II was moved by Com. Crall, seconded by Com. Smith, to approve Advertising Ordinancc No. 05-025, and; upon roll call, motion carricd ummimously. 15. COUNTY ATTORNEY (3-1626) TVC Amendment Schedule - Consider staff recommendation to approve the revised transmittal schedule and direct the County Attorney to revise the Agreement with TCRPC to provide for completion by January 31, 2006. It was moved by Com. Coward, seconded by Com, Craft to approve staff recommendation; and, upon roll call, motion carried unanimously. C13-B Start up equipment and supplies for Pod 1- Consider staff recommendation to approve the Sheriffs budget amendment and transfer offunds in the amount of $47,033.00. It was moved by Com. Smith, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, the vote was as follows: Nay: Hutchinson; Aye's: Coward, Craft, Smith, Lewis; motion carried by a vote if 4 to I. RA-I- COUNTY ATTORNEY Resolution No. 05-272- Acquisition of Land for Research and Education Center- Consider staff recommendation to approve Resolution No. 05-272 as drafted. It was moved by Com. Coward, seconded by Com. Craft to approve Resolution No. 05- 272, and; upon roll call, motion carriedunanimously. There being no further business to be brought before the Board, the meeting was adjourned. - Chairman Clerk of Circuit Court .;. Ii1I <: 14 AGENDA REOUE'T '...,/ .TEM NO.5 ,,?"" '-' DAlE. July 12, 2005 REGULAR [X] PUBLIC HEARING 0 CONSENT 0 10. Board of County Commissioners ,UBMITTED BY (DEPI). Administration SUBJECT. Cultural Affairs Council currently has one vacant appointment. BACKGROUND. Please see attached applications. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A Staff recommends that the Board select one at large appointment from the attached candidate applications submitted to fill the vacancy. RECOMMENDAIION: COMMISSION ACIION: Do 91as M. Anderson County Administrator ø APPROVED 0 DENIED o OTHER: David Jen~ins Appointed by 3 votes as an at large appointment to the Cultural Affairs Council - Vote as follows: Comm. Lewis Comm. Hutchinson Comm. Coward Comm. Craft (Ambrogi) Comm. Smith (Burl?e) Review and A..rova" County Attorney: _ Management & Budget: _ Originating Dept: Other: Finance: (Checl? for Copy only, if applicable) Purchasing: _ Other: Effective: 5/96 - UOf~{(V~ nUN ~~;~~ rftA 40~~IQ~ " LJ::.¡.1.JoLI1\.C¡ .Jo,QJ\"~'vD~ 't::.IV'J_ ~ '...I ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPLICATION FOR SERVING ON COUNTY BOARDS AND COMMI'ITEES 'I'hm:Ik you for applying for a position on Ofie ofSt. Lucic ColIDty' $ mal1y edvisory board$ mid coIDIUÍttCCs. The tninhnum requirements for conmrittcc ~rship am: *1vf"(lit be a COI1nty resiòent. *MII$1: not be ~Jated to !loother commíUce =00-, County CoJDJJÙ5$ÏODcr or County employee involved with the committee of iJlterest. .Must not be employed by the same bUSÏ\!:CS8 entity a5 other committee IDCIDbers. .Must not serve on more than 2 County committees. NOTE: Some committees have addItional requJrcmems, please inquire when $ubmitting thi~ applklltion. In addition, service œ committees with plamliDg, zoning or ll&tDr8l resOlll'CCS responsibilities may require di~clomre of fimmcial i,TItere$t$. Please complete the following /m'onnation: e l:3: c vt~ ~.+\ fl.!, C.CXI~L I, PLEASE ß'iDICA TE +HE COMMnTEE(S) YOU A.RB INY¡¡;RESTED IN, SEE REVERSE SIDE. 2. NAME: DA- V / ~ .::í5N K I N.i. PHONE: Lf f.ø r - Lf (p {¡ 'Z-- 3. HOME ADDRESS: PO ßð~~ ~ PL- FL '3'-/.'15't 4. WHICH COMMISSION DISTRICT DO YOU LIVE '? 5. BUSINESS/OCCUPATION: ~)o(..!;("(.U~ I/tr' -P;\lC.l1!..~1 ';'\.JJlJit.ls.G" ~+<.; ~\ilir 5. BUSINESS ADDRESS; "'Z to::'. tx~~ b fê-l 'J'!s-' FcRt"' f" I ~ltS" PHONE: l...( f.t, I - 'í " (¡ z.... 7. BRIEF RESUME OF EDUCATION & EXPERIENCE(pI"II$C!lttach~ume) 5 lnÞ ~/ftr{\ 8. DO YOU CURRENTLY SERVE ON A COUNTY COMMITTEE{S). IF SO, PLEASE LtST. NO 9. WHY DO YOU 'I'1-ßNK YOU ARE QUALIFIED TO SERVE ON THE COMMITTEB(S) INDICATED'? .. ~ b.L..-t'.-~r..<o: 0-;:: ~e/t;...¡(!:"Nf.() t....,...¡ .. ... ßk':r.ŒN~{µj ø+:: L-\ \..{~ U}t.~ l:rtAro"l/C! I 0, WOULD YOU CONSIDER SERVING ON ANOTHER BQARD OTHER mAN .THE. . 0. .NE(S) ABOVE? (pLEASE SPECTFY) '¡-ö--v¡,ru s T'-'"' J¿~~WiIJ r _~~ú\ l- 11, COMMENTS: SIG'NATURE..._. P /' ~DATE ¿;~ UJ, CJ.ç- ,/ APPliCATION WILL REMAIN EFFECTIVE FOR ONE YEAR For CulttJra1 A.ffiIit:I CoLDlcil Submit App1iattioo to: St. L~io County Cultural A1f.aIrs ÇoUDCil 600 North Indian Ri~r DriYc Ft. Pierce, FL 349S0 (172) 462-1767 VO(~I/V~ nUN l~:~" rAA ~O~lIO~ . 1...I:I..L ~1'..Il\~ ;;)CJ\" ~ \..C03 ~........, , '-' INTRODUCTION ... During my 28 }'Jar'S in theah'e management and the petforming arts industry, my respomibilities have œntrsd IlpfHI ... [J No.profit sDpenision, eapital eampaigu muqanent ad board seniœ C Event prognullJII.ÌD !I and (be "Care and Feeding" of the ticket buyinc public: C IliJtorie theatre nøtoratiou managemeott operation and revenue expaDSion [J Effective govemmeat and fouadation reJatiODS at the loeal, state and federal level C EmphasiJ On the Positive Ecoaomie Impad of the cultural community [J Promotion 01 Cultural Dlltrieu .s engines for downtowu revitalization and to'Øl'Ì!lm growth Ct!1Itrlll elements ofrny uprtrlenee ill tfæ$e pursuits have me/uded... .¡ Service on the national board of the League of Historic Americ:au Theatres. .¡ Founding aDd p.-esideney of the .31-veaue KanI8s Hlstorie Theatre Assoclatiou. .¡ Co-autbonhip of groundbre8king .tate legislatiou. .¡ MauagC'IBent of hundreds olllve entertainment ud f..udl'!ÛJiug cvenÞ aeron tile nation. .¡ Sueeessful marketing aud public relations campaigns for eveats and reøtontioB. projects. .¡ Projects under my direetion raisillg over 510.6 mflIiou. .¡ UndentaDding of board dynamics as president, board member ad executive director. .¡ Colt eß'edive contracting and budgeting sldlls. .¡ CODsultant to 23 theatre projects aerÐSS the natlon, both publicly aDd on a confidential basis. .¡ StaJI'managemeot emphuizing iadividulIl empowennent aDd mutual rnpeet ./ Positive relatioDS with a wide variety of eveøt pure promoters. All photographs by David .Jenkí1l8 UOf-'trl).;J nuJ." 1...;0)1 r.'1.A. "U"'J.'U~ ~.L ~'-I.I'\,J;¡ ~L:l1\ y .1 'vD~ , . . .. ..:-\'+ !.~.~ ~, ... ,oJ.JI . -.,... ""')1 .~-<_., \.0 '~. ""Þ-~ . ~~... . '" . . . ... . '- '-' EMPLOVMENT HISTORY ¡DAVID JENKI~S &.{\SSOCIATES (Kansas City, MO/Greeley, CO) 7/01. to Present I Independf:nt consulting services to a variety of nonprofits in the areas of interim and start-up n:w1a8emcnt. VCIJ1lC operations, performing arts booking,. capiml campaign structure, government re1atious, administrative restructure and dOWDSizing, debt omnagement and confidenûal asset protection in dissolution. Clicn1s bave included Austin Musical 'J'heatIe and Academy, Austin Theatre Alliance (Paramount and S1ate Theat:J:es.) Union Colony Civic; Carter (Greeley, CO) and three start up projects - the Kansas Museum of the Moving Image (T"...."U City.) Crystal Grand Theatre Acquisition (Wiscocsin DeUs, WI) and the (National Retailer) Downtown Trust. IFOX THEATRE (Salina, KS) Executive Dirèdor see Project DeûIil ¡LUCAS THEA THE (Savmmah. GA) E'i:eeutive Direetor 2/98 thn 4/021 V94·thru 81971 Managed planning, funding and preliminary rcstonttioo. of 1353 seat circa 1921 historic 1bea~. Successfully dîreated $5.6 million capital campaign. coordinated efforts of arohitwts, contractors and subcontnwtors. Worked closely with govemmmt officials on regulatory a>mptiance after $1 miJlion HUD grant and $1.4 million in city/l.1OWl1y grants. Produced pubJW fund raising events including 1TI~or name street concerts and "Les Mistllablts" benefit with Broadway cast. IDA VID JENKINS & ASSOCIATES - NEW ENGLAND GREY SOX (portsmouth. NID CEO 1/91 thru. .~ Provided çoncert boo1dng, marketing and public re1atioDs !leMc:es to promoters and venues across five state area. Management and eventual ownership of exhibition basebaJl teIm made up of former Major League stars drawn primarily from Red Sox, Yantees and Cudinals alumni, playing 13 gnmes per ge8SOn. a¡ainst pro league tœms across New England. KLEIN AUDITORRJM (BridRePOrt, CT) Interim Executive Director 12/89 tbru lZ190 I One year contract providing "troubleshootins" manasemeut services for 1,500 seat circa ] 936 municipally owned yemu:: during city's impendina bankruptcy rcorgani7Jriioo. ¡CAPITOL THEATÇ (Concord. NÏI) Executive J>..ireetor 6/84 tbru 12/891 Management, programming and nwkcting of state's most active year-round conca1. Ûlcility, 1350 seats circa 1927. Averaged 70-plus ml\Ïor name concert events annually, plus co-productìons with regional 8\lmmer venues. RdJuilt damaged relations with natioœ1 booking agents zmd. paid off all creditors. Positioned ha1l as rehearsal siœ far major bands including Aerosmith. Boston and ather national acts. President ofthcatrc' s nonprofit board and in-house FOductiOD company. IRA VENSWOOD PRODUCTIONS (JièSto~ MA) CEO 7/8Úhl'll 6~ Event IIlEIJUlgentart, artist booking agent (fotk,je,a. comedy acts,) plus jazz and big band wnccrt production IIr.rQSS tbree states. ICE CAPÃD~. INC (HòUywood, CA) National Promotion DilUtor. . 517ifthru 6/811 "On the Road" markçtina:. promotions, corporate and broaclcast 5pon$Onhips, media relatious, arena relations for throe tsn-month touts òfNorth Ameriœ. Rcsponsibk fm engagcmonts in 21 US and Canadiaß markets peryeat. , 12113/04 MaN 09:5~ 4621769 LEISURE SERVICES '...I [4]002 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPLlCA TION FOR SERVING ON COUNTY BOARDS AND COMMTTTEES Thank you for applyiJ1g for ¡¡ position on one of St. Lucie County's many advisory boards and committees. Th.e rniníll1\lm requirements for commillcc membership are: *MU5t be a County resident. *Musl nol be related to anolher eOI\1I\1lllee member, Counly Commissioller or County employee involved with the committee of interest. "Must not be employed by the same business cntity as other committee members. "Must nol scrve an mare lhan 2 Count)' committees. NOTE: Same commillee5 have additional requirements, please inquire when submitting [his applicalion. In addilion, service an commillccs with. planni ng, 7.oning or naturu resources responsibililies may requirc disçl05Urc of financial interests. Please complete the following information: 1. PLËASE iNDICATE T);IE COMMiTTEE(S) YOU ARE INTERESTED IN, SEE REVERSE SIDE. 2. NAME: /"$;.{) It¡y¡RRð6-l PHONE: "77.)"'-"?3j-Ç(SS- F-y.T)..n 3. HOME ADDRESS: -:S~:¡ L (. ') ,-=- r;.Aq~ <: UtJ <-...-' ¡(.~ . 4, WHICH COM.MISSION DISTRJCT DO YOU LIVE IN? b" vCr- C.·'-<.I ;;-i-.I;,--- 5, BUSINESS/OCCUPATlON:_ (V¡ IA-JJ J ¡: tT6¡-V-!è., /.J (¡- 6. BUSINESS ADDRESS: i 70.L [J. J../...~ (":;r-Îi';'U--J..) Dft· PSi- "3 'tC¡') L PHONE: 772-7, ))-:,--¡;'ç-S 7. BRIEF RESUME OF EDUCA T. ION & EXPERIE.NCE (please atlach.re~) : r> .... . - "1'7.. R ç Cr;,LLV-h~ ( (\ ~-~iT¡'¿L_S.J::.Jiæ~~-_(j;,1~)~·} J.J )... ._§._L! cŒ- f)5 ¡- JC- ) ~. '" :--':> 5 ~ c ý H^ J ¿', . r-;.r;..ftS 8, DO YOU CURRENTLY SERVE ON A COUNTYOMMTITEE(S). IF SO, PLEASE LIST. /Vn 9. WHY DO YOU THINK YOU N?E. QUALTFIED TO SERVE ON HIE COMM:ITTEE(S) IND I C A TED? ß "t. [0.-0 A- (2, J ~ I '\J':'S:; Irì f.h.J FD 1\ '3 0 -r- 't f'7...ftIL"> ¡ "". ;11~)h1-cl¡..J:¡ ''--.:.. f/-µD ~A--.. TI-/6-Wrrlff-'.f I. loA--'':;v z....D V\t: (~ h/2 '{Hi.:. PDr';''''li.)~ 10. WOULD YOU CONSIDER SERVING ON ANOTHER BOARD OTIfER THAN THE ONE(S) ABOVE? (PLEAS SPECIFY) (h Ii- ;3 í2.-. D·:- p ¡v.JJ C; ¿,-v,...,.¡J\.J>, II. COMMENTS: SIGNATURE '" !Á-/3-ðf lCA TI0N W L REMAIN EFFECTIVE FOR ONE YEAR Fo Cultural Affairs Council Sub!IÙt Application to: 51. LllCk County Cultural AIT!!Ìr5 Council 600 North 1ndian River Drive PI Pierce, FL 34950 (772) 462-1767 r. '-' ...I ST. LlJCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPLICATION FOR SEiWING ON COUNTY BOARDS AND COMMITTEES Thank you for applying for a position on one of St. Lucie County's many advisory boards and committees. The minimum requirements for committee membership are: "'Must be a County resident. "'Musl not be related to another commillee member, County Commissioner or County employee involved wilh the committee of interest. "'Must not be employed by the same business entity as other committee members. "'Must not serve on more than 2 County committees, NOTE: Some committees have additional requirements, please inquire when submitting this application, In addilion. service on committees with pl,..õll1ing, L.oning or natural resources responsibilities may require disclosure or linancial interests. Please complete the following information: 1. PLEASE INDICATE THE COMM:ITIEE(S) YOU ARE INTERESTED IN, SEE REVERSE SIDE 2, NAME: T~C.~()t:~µG" ~' '~~K~ PHONE: ífjç- (/(\6 3. HOME ADDRE S: tç.¡ S (1 (+ki,))1!+orft--I-X!" CI P-c.u~ 4, WHICH COMMISSION DISTRICT DO YOU pVE IN? ~ 5. BUSINESS/OCCUPATION:_ R(kl-(n\l-..! fl .;/'-iXjH... [\-if) tQsr (rrLCL') 6, BUSINESS ADDRESS: P () f'¡ ~K-&JJ ¡ ~p~(... 54q~r~~~,'l~ PHONE: i43- (fff 7, BRIEF !ŒSU oy EDUCATION & E ERIENCp (please attach resume) ,~ 13.) " u 1 '\(.../( L-{¿ II " & ~ ( ;- I . kL 1t uc ¡¡ J c ~-(li()tJ (1 c U~Lf)tlU-L , fLbl}q)lU'ÍIf.JPS (p(!..ldt/or) 8. DO YOU ClJRl3,ENTJ.- Y SERVE 9N A COUNTY COrvrMITIEE(S), IF SO, PLEASE LIST. llubr;;e I fí/J (J{ 50¡[:i <), WHY DO YOU TH NK YOUrf\RE QUALIFIED TO SERVE ON TijE COMMITIEE(S) 1 i.J. INDICATED? 'I r ,- PUla ,0 IGird) '5' rm tt!.5' !WIt. kItS, 17f1-J á>(¿tr!-C ( ¡.J '(ff4-s r IV ¿ L (u¡L.h... IS ç, () ~-s tÐfL 7!HÇ, CðH If ()¡)¡-r-( IlL WOULD YOU CONSIDER SERVING ON ANOTHER BOARD OTHER THAN THE ONE(S) ABOVE? (PLEASE SPECIFY) II. COMMENTS:! ÙJka.J(r- TO A-D(J f{-¡sPftUlL. /)IUI!ttÇ«j To 71fcr {UL 1ufri rtL krrrt¡ tLç fcrnl'" {,-- ( SIGNA T (2' f I C> c..f PPLlCATION WILL REMAIN EFFECTIVE FOR ONE YEAR For Cultural Affairs Council Submit Application to: SI. Lucie County Cultural Affairs Council GOO North Indian River Drive Fe Pierce, FL 34950 (772) 462-1767 '. 2003- Present 2004-Present 1999-2003 \ 1987-1999 1985-1986 1999-2001 1995-1997 \wi "wi Jacquelene N. Burke 118 SW Hawthorne Circle Port St. Lucie, F.lorida 34953 Home Phone 772-785-6950 SUMMARY 20+ years of experience in accounting and administrative departments. Highly organized, dedicated with a positive attirude. Ability to work on multiple assignments under pressure siruations and consistently meet deadline schedules WORK HISTORY Realtor, All Florida Realty Services, Inc, Port St. Lucie, Florida Assistant, Indian River Community College, Financial Aid Dept., Fort Pierce, Florida Assistant Dimtor of Financial Aid/ Office Manager, Horace Mann School, Bronx, New York Supervise annual budget of $5M. Evaluate applications for aid. Maintain databases and provide statistics. Meet with families to discuss applications and appeals. Prepare and organize for board meetings and Open Houses. Supervise daily operations. Schedule interviews and appointments. Maintain and prepare monthly budget reports in Quicken systems. Create and update accurate enrollment lists. Personnel Secretary, New York City Board of Education, NY Prepare payroll for 160 employees that includes five different systems. Prepare and process health, tax, and retirement information. Organize budget allocations for schooL Liaison between community, parents, teachers, students, and administration. Treasurer- prepare deposits and monthly budget reports. Accountant Trainee, Max Factor/ Flerytex, Puerto Rico Responsible for accounts payable, inventory and support services. In charge of ordering and maintaining office supplies. Liaison between sellers and buyers. EDUCATION Bachelor of Science, 2001, Nyack College, Nyack, New York Major: Organizational Management Associate Degree, Rockland Community College, Suffirn, New York Major: Liberal Arts/Business Thomas A ward LANGUAGES Spanish COMMUNITY SERVICE Puerto Rican Association for Hispanic Affairs, Inc. of the Treasure Cost - Vice President Cultural and Educational Organization Helped organize Second Annual San Juan Festival, Port St. Lucie, Fl. Attendance 2,000+ 6/04 Helped organize National Puerto Rican/Hispanic Empowerment Summit, Orlando, Fl. 9/04 , JACQuMNE N. BURKE - VICE PRESIDENT 0"'" THE PUERTO RICAN ASSOCIATION FOR HISPANIC AFFAIRS, INC.. Born in the Bronx, Jacquelene has enjoyed the benefits of a variety of diverse residences: Louisiana, Puerto Rico, The Bronx, New Jersey, Manhattan and, for the past two years, Florida. She received her B,S. in Organizational Management from Nyack College in New York. She has had a variety of jobs; in real estate, as Director of Financial Aid for a private school in the Bronx, personnel secretary of a New York City Public School, and in the accounting department for Max Factor. Back from Puerto Rico and living in New York in the seventies, her mom Gladys, always made sure that Spanish was spoken in the house and that cultural awareness was vital. She is eternally grateful for this as being bilingual has proven itself to be an asset among friends, at work and for the community. Having arrived recently to the Treasure Coast, Jackie felt the need for involvement - to be able to give back for the benefits, opportunities, and experiences she has received. Through this process, she has delighted in seeing the beauty and passion we all have in hoping to make our dreams come true. She looks forward to enriching and being enriched by the wonderfully diverse community here in the Treasure Coast! '-' TALLY SHEET CULTURAL AFFAIRS APPOINTMENT Commissioner Hutchinson Commissioner Coward Commissioner Lewis Commissioner Craft Commissioner Smith JENKINS -&5 V :3 AMBROGI BURKE ./ / "'f ...", \.; ""'" VOTING BALLOT Cultural Affairs Council Select (I) Applicant David JenRins V~ Leo Ambrogi Jacquelene N. SurRe COMMISSIONER'S SIGNA T '-' ""'" VOTING BALLOT Cultural Affairs Council 'elect (I) Applicant David Jenl:lins Leo Ambrogi Jacquelene N. Burl:le X. ~SIONJR~ SIGNATURE, ) I ~ M«~- (:rS '-' ....." VOTING BALLOT Cultural Affairs Council Select (I) Applicant David JenRins / Leo Ambrogi Jacquelene N. BurRe COMMISSIONER'S SIGNA TURç: yj dß<-07 ;/ / '- -....I VOTING BALLOT Cultural Affairs Council 'elect (I) Applicant David JenRins Leo Ambrogi y f Jacquelene N. BurRe '- Cultural Affairs Council Select (I) Applicant David JenRins Leo Ambrogi Jacquelene N. BurRe COMMISSIONER' ....,¡ '- '-' VOTING BALLOT Cultural Affairs Council Select (I) Applicant David Jenl:lins Leo Ambrogi Jacquelene N. Burl:le COMMISSIONER'S SIGNATURE: ... ....", VOTING BALLOT Cultural Affairs Council Seleel: (I) Applicant David Jen~ins Leo Ambrogi Jacquelene N. Bur~e COMMISSIONER'S SIGNATURE: '- ...., REGULAR IX] PUBLIC HEARING ] CONSENT [ TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST ITEM NO. 6 DA TE: July 12, 2005 SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Approval of millage rates to be submitted to the Property Appraiser and set dates for public hearings. BACKGROUND: The recommended rates were established pursuant to the budget reviews concluded by the Board on July 8, 2005, and as required to meet special district, debt service, and related millage requirements. FUNDS A V AILABLE: N/ A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the following: 1. Approve millage rates as outlined on "Worksheet Analysis of Roll-Back Millage Rate for Fiscal Year 2005-2006" under the column headed "2005-2006 proposed millage". 2. Set two public hearings on September 15 and 22 at 5:05 P.M. in the Roger Poitras Administration Annex Commission Chambers. 3. Authorize the County Administrator to be able to modifY the millage rates between General Fund and Fine and Forfeiture Fund as long as the total county wide millage stays the same. Also, Authorizing the County Administrator to transmit the millage rates to the Property Appraiser on Form DR-420. 4. Set aggregate millage at 8.4984 mills which is 18.45% over the roll-back rate for tax year 2005. Approved 5-0 NCE: COMMISSION ACTION: [X] APPROVED [] DENIED [ ] OTHER: ouglas M. Anderson County Administrator rlW-- County Attomey:xx Coordination/Signatures ILL/} .- Management & Budget: ~~ Purchasing: G.:-- Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) _. G:\BUDGElì WPlAGENDA'SIAGENDAOS\7' 12 MILLAGERA rES,DOC ", .., . -...... . ...""" WORKSHEET ANALYSIS OF ROLL-BACK MILLAGE RATE FOR FISCAl YEAR 2005-2006 A B C 0 E F G H I FUND 201)4;.2005 2Øi1"·200$ 2005-200' 2001-2008 2ÐD5>2006 20D~20" PRIOß' 200S-2M, 2005-200. "AM~ MIL'-'\!>~ c TAX!;'S ~OLL~BACK'fI()LL>ÐACt<. PROPOSED PROPOSE!) VEM'S ADJtlSTeO GROSS c RATe TAXES MILLAGE TAXES VALUE;: VALU~ VALUE COUNTYWIDE MIL.LAGE GENERAL FUND 4.1248 56,241,928 33809 58,287,728 42619 73,475,433 13,635,081.852 16,634,968,008 17,240,065,015 FINE & FORFEITURE 3.3178 45,238,42S 2.7195 46,883,976 29807 51.387,462 13.635,067,852 16,634,968,008 17,240,065,015 EROSION CONTROL· ZONE E 0.1000 1,363,507 0.0820 1.413,105 0.1000 1,724,007 13,635,061,652 16,63',968,008 17,240,065,015 SUB-TOTAL COUNTYWIDE MILLAGE 7.5426 102,'43,163 6.1124 106,5'4,1109 7.3421 126,516,902 MOSaUITO DISTRICT 0.2757 3,691.062 0.2254 3,827,508 0,2757 4,681,064 13,368,036,536 16,373.646,262 16.978.833,530 MAXIMUM TOT AL.·COUNTYWIDE·MII..LAGE .... 7;'113 t06SU.MI 1.4011 110.4t2.311 7.11113 13U&1988 MUNICIPAL SERVICE TAXING UNITS STREET LIGHTING DISTRICTS SLD #1· RNER PARK I 0.390<1 41,0491 03215 040,670 0.3270 041,370 106,279,200 129,069,946 12M14,585 SLD #2 . RIVER PARK 2 0.71048 9,265 0,57046 8,911 0.5949 9,226 12,961,492 16,124,892 15,508,861 SLD #3 . HARMONY HEIGHTS 0,9891 4,083 08548 3.986 0.9142 4,266 4.128,345 4,777.870 4,666,486 SLD #4· HARMONY HEIGHTS 0,7038 7,858 0,6958 7,919 0_7250 8,252 11,165,761 11,294,129 11.382,477 SLD #5 . SHERATON PLAZA 1.0529 9,414 0.9789 9,150 '.0108 9,449 8,940,691 9,617,367 9,347,758 SLD #6· SUN LAND GARDENS U.6624 8,961 0.5750 a,882 0.5740 8_868 13,526,427 115,585.336 15,446,749 SLD #7. SUNRISE PARK 0.7954 2,761 0.7797 2,679 0.8148 2,800 3,496,047 3.566,754 3,436,252 SLO#8- PARADISE PARK 0.9716 9,908 0,8929 9,610 0.9005 9,895 10,195,037 11,097,058 10,987,854 SLD #9 - HOLIDAY PINES 0.2240 12,776 02153 12.263 02238 12,766 57,044,044 59,336,044 57,041,505 SLD #10 - THE GROVE 0.1216 3,115 0.1190 2,989 0.1240 3,114 25,617,665 26.173,280 25,114,572 SI..C #11 . BLAKELY SUBDIVISION 1.9991 1.946 2.0077 1,885 1,9990 1,871 973,331 969,280 938,976 SlC #12 . INDIAN RNER ESTATES 0.1242 14.486 0,0997 14,397 0,1004 14,0494 116.633,333 145,262,155 144,366,166 SLD #13 - QUEENS COVE 0.1030 4.816 0.0607 4,705 0,0929 4,835 46,758,915 59,695,728 58,321,729 SLD #16· PALM GROVE 0.5219 11,221 0.5117 10,713 0,5360 11,222 21,500,361 21,929,480 20.935,374 SLD #126· SOUTHERN OAKS ESTATES 0,6123 2,581 0.5149 2,785 0.5329 2,581 4215,463 4,469,181 4,643,320 OTHER MUNICIPAL SERVICE TAXING UNITS UNINCORPORATED SERVICES 0,5256 3,258,819 0,4612 3,291,801 0.5256 3.751,449 6,200,187,640 7,065,946.530 7,137,460,211 STORMWATER 0,4108 2,547,037 03605 2,572,815 0.41Q8 2,932,069 6,200,197,840 7,065,946,530 7,137,460,211 LAW ENFORCEMENT 03557 2,205,407 0,3121 2,227,726 0.3544 2,529.516 6,200.167,840 7,065.946,530 7,137,460211 PARKS MSTU 02500 3,408,767 02049 3,532,761 0,2500 4,310,016 13.635,067,852 16.634,968,008 17,240,065,015 TRANSPORTATION MSTU 0,0900 1.227.156 0,0738 1,271,794 0.0900 1,551,606 13,635,067,852 16,634,968,008 17,240,065,015 MEADQWOQD 0.4817 22,435 0.4516 22,144 0.4579 22,454 46,573,600 49,682,300 49,031254 PALM LAKE GARDENS 0.4894 2,468 0.3193 3,996 0.1956 2,448 5,042.516 7,728,257 12,514,306 MAXIMUM UNINCOAPORATEDMIlLA;GE 2,0266 :p898 - TOTAL AGGREGATE MILI.AGE 1.1533 n'3:51,13' 7.174' tZ3,ii4,D11 1.4ea.t 146512;13S1 13.635,067,852 16,634,968,006 17,240,065,015 005·2006 AGGREGATE MILLAGE INCREASE (OECREASE) OVER 2004-2005 ·D.254(1 2005-2D06INCREASEIDECREASEI OVER ROLL·BACk AGGREGATE MILLAGE 1,3236 PERCENT INCREASE(DECREASE) IN AGGREGATE MILLAGE OVER ROLL-BACK 1',45% DEBT SERVICE FUNDS ENVIRONMENTAL LAND 0.1250 1,713.498 0.11<;4 2,001,466 13,707,980,803 16,737,464,706 17,343,722,140 PORT PROPERTY BOND 0.0240 328,992 0.0216 374,624 13.707,980,803 16,737.464.106 17,343,722,140 TOTAL DEBT SERVICE FUNDS 2,042,4.SI 2376090 GRANO TOTAL OF TAXES 121,394,227 1..,....629 Exolanations NOTES: (1~ The property values lire as cenified by ttJe Property AppraIser. 2004·2005 MILLAGE 2004·2005 TAXES 2005-2006 ROLLBACK RATE 2005-2006 ROLLBACK TAXES 2005-2006 PROPOSED MILLAGE 2005-2006 TAXES PRIOR YEARS VALUE 2005-2006 ADJUSTED VALUE 2005-2006 GROSS VALUE This figure represents the mmage that was approved for the previous fiscal year. It is interpreted as dollars per thouSalJd. This is the computed taxes derived by multiplying the 2004-2005 ~iI1age by the Prior Years Value and then dividing by 1000. The Rollback Rate is the mi1lage that would have to be levied in 2005-2006 10 produce the same computed tax revenue as last year. The calculation is 2004-2005 Taxes divided by 2005-2006 Adjusted Value and muhiplied by 1000, Rollback Taxes is the amou11I of computed taxes that wou1d be generated in 2005-2006 if the millage imposed was the 2004-2005 Rollback Rate, The fomlula is; 2005-2006 Rollback Rate multiplied by the 2005-2006 Gross Value and then divided by 1000 This figure represents the millage that is proposed for the 2005-2006 fiscal year. It is interpreted as dollars per thousand. This is derived by multiplying the 2005-2006 Millage by the 2005-2006 Gross Value and then dividing by 1000. This is the prior years Final Value as deteIDlined by the Office of the Property Appraiser, This is the 2005-2006 fiscal year Adjusted Value as determined by the Office of the Property Appraiser. The Adjusted Value is the Gross Value plus any new taxabJe value from construction, additions, & improvements minus deletions. Note: Your calculations ma)-' va£)' slighlly from those on this form due to rounding. This is the 2005-2006 fiscal year Gross VaJue as detenTlined by the Office of the Property Appraiser. --- . ..... -. .~ '-'" ...,,; AGENDA REQUEST ITEM NO.7 DATE: July 12, 2005 REGULAR [x ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather S. Lueke Assistant County Attorney SUBJECT: ORDINANCE 05-031 - PERMISSION TO ADVERTISE BACKGROUND: See attached memorandum FUNDS AVAILABLE: RECOMMENDATION CONCLUSION: Staff recommends the Board of County Commissioners grant permission to advertise Ordinance 05-031 for public hearing on August 2, 2005 at 6:00 pm. IX] APPROVED [ ] DENIED [ ] OTHER: COMMISSION ACTION: Approved 5-0 Douglas M. Anderson County Administrator [X] County Attorney: ~[ Review and Approvals )Management & Budget: [ ]Purchasing: [X ] Road & Bridge.: [ x ) Parks & Recreation Director ( ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 ~ ,..." INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 05-1109 DATE: July 6, 2003 SUBJECT: Ordinance 05-031 - Permission to Advertise BACKGROUND: The Florida Legislature previously created Section 318.18(13), Florida Statutes, which authorizes a county to adopt an ordinance imposing a surcharge not to exceed $15.00 for non-criminal traffic infractions pursuant to Chapter 318, Florida Statutes, or imposed for criminal violations listed in Section 318.17, Florida Statutes, to assist in providing and maintaining state court facilities. The Florida Legislature passed HB 1935, modifying section 318.18(13)(a), allowing counties to use up to twenty-five percent (25%) of the revenue from such surcharge to support local law libraries. The bill also requires that counties which choose to use the twenty-five percent (25%) for local law libraries must "provide a level a service equal to that provided prior to July 1, 2004, which shall include the continuation of library facilities located in or near the county courthouse or annexes." Attached is a law library revenue analysis prepared by Christann Hartley, Finance Director. In this regard, attached is draft Ordinance 05-031 which, if adopted, would impose that twenty-five percent (25%) be used to support local law libraries. RECOMMEN DATION /CONCLUSION: Staff recommends the Board of County Commissioners grant permission to advertise Ordinance 05-031 for public hearing on August 2, 2005 at 6:00 pm. <#-~ HL/cb G: \A TTY\LUEKE\Agenda Mmo-H L -05-031. wpd -1- '-'" c ...., Law Library RevenueAnalysis HB 1935 . $15 Court Facility Collected 10/1-4/30/05 $ 388,712.45 annualized thru 9/30/05 $ 666,364.20 Proposed HB - 25% Law Library Allocation $ 166,591.05 (1 ) Library Revenue 10/1-3/31/05 $ 27,958.51 annualized thru 9/30/05 $ 55,917.02 (1 ) Law Library Revenue 9/30/03 $ 280.205.29 Law Library Revenue 9/30/04 $219,701.93 Revenue Projection with 25% and $65 $ 222,508.07 (1)'5 FY 2005 budget $ 396,012.00 '-' ",." ORDINANCE NO. 05-031 AN ORDINANCE AMENDING CHAPTER 1-7, "COURTS", OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY PROVIDING THAT 25% OF COURT FACILITIES FUND SHALL BE USED TO SUPPORT LOCAL LAW LIBRARIES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION. WHEREAS, the Florida Legislature created Section 318.18(13), Florida Statutes, which authorizes a county to impose a surcharge not to exceed fifteen and 00/100 dollars ($15.00) for non-criminal traffic infractions pursuant to Chapter 318, Florida Statutes, or imposed for criminal violations listed in Section 318.17, Florida Statutes, to assist in providing and maintaining state court facilities. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida ("Board") is authorized by Section 318.18(13(a), Florida Statutes, to use up to twenty-five percent (25'7'0) of the revenue from such surcharge to support local law libraries. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: ARTICLE I. "In General," of Chapter 1-7, "Courts," of the Code of Ordinances of St. Lucie County, Florida, is amended as follows: Sec. 1-7-9 Disposition of state court facilities funds from the surcharge; Accounting by Clerk of the Court Court Facilities Fund - Surcharge: A+f Seventy-five percent (75'7'0) of all monies collected for court facilities from the surcharge imposed by Section 1-7-8 shall be set aside by the clerk in a special and separate account titled ·Court Facilities Fund" to be used exclusively for the construction, operation and maintenance of state court facilities as determined by the Board. Twenty-five percent (25'7'0) of the monies collected from the surcharge shall be set aside by the clerk in a special and separate account titled "Law Library Fund" to be used to support the Rupert J. Smith Law Library. Strud\ threug .¡ passages are deleted. Underlined passages are added. 'w' ""'" The clerk in her- his capacity as accountant to the Board shall provide to the Board an annual financial report on the ·Court Facilities Fund" outlining the amount of court costs collected, expenditures and earnings from the investment of said funds. PART A. 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 County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART B. 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 applicability to any other person, property, or circumstance. PART C. FILING WITH THE DEPARTMENT OF STATE. The clerk be and 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 D. EFFECTIVE DATE. This ordinance shall take effect on the 1 st day of September, 2005. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Frannie Hutchinson XXX Vice Chairman Doug Coward XXX Chairman Paula Lewis XXX Commissioner Joseph E. Smith XXX St~Uf:k t¡"~eu~h passages are deleted. 2 Underlined passages are added. .... ....., ....., Commissioner Chris Craft xxx PART F. CODIFICA TION. Pro~ions of this ordinance shall be incorporated into 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" A" through" F" shall not be cod if ied. PASSED AND DULY ENACTED this day of ,2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Struck threugh passages are deleted. Underlined passages are added. 3 '\ ~/ ~ AGENDA REOUEST .., ITEM NO. 8.A Date: July 12, 2005 Regular [ ] Public Hearing [X] Consent [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Ordinance No. 05-14 - Amending Occupational License fees to provide for a five percent (5%) increase in the fee schedule. BACKGROUND: See CA No. 05-1110 FUNDS A V AIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: No action is required at this time. The second public hearing will be held on August 2, 2005 at 6:00 p.m. or as soon thereafter as may be heard. COMMISSION ACTION: r ] APPROVED [] DENIED ~ OTHER: E: No action required at this time 2nd Public Hearing to be held on August 2, 2005 at 6:00p.m. or as soon thereafter that it may be heard. Doug s M. Anderson Cou ty Administrator County Attorney: Jr Coord ination/Silmatures MgL & Budget: Purchasing: "f.. Originating Dept.: '" Other : Other : Finance (Check for Copy only, if applicable): , '-' .....,¡ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 05-1110 DATE: July 5, 2005 SUBJECT: Ordinance No. 05-14 - Amending Occupational License Fees to Provide for Five Percent (5%) Increase in Fee Schedule . BACKGROUND: Section 205.0535, Florida Statutes, requires a county to conduct a reclassification and revision study prior to the amendment of its occupational license ordinance. In 1995, the Board authorized a study which resulted in an amended fee structure under Ordinance No. 95-05. Once a county conducts the initial study, it may increase its occupational license fees by up to five percent (5%) every other year. The County's occupational license fees were last amended in 2000 pursuant to Ordinance No. 00-06. Seventy percent (70%) of the County's share of the funds received from the occupational licenses are placed in the St. Lucie County Economic Development Trust Fund to implement a comprehensive economic development strategy as determined by the Board of County Commissioners. The remaining thirty percent (30%) is deposited into the General Fund. Attached to this memorandum is a copy of proposed Ordinance No. 05-14 which would amend the current fees by five percent (5%). As of May 31, 2005, the Tax Collector has collected a total of one hundred twenty-nine thousand two hundred twenty-three and 82/100 dollars ($129,223.82) for fiscal year 2004-2005. Using this figure, the estimated total for the same period under the proposed ordinance would generate an increase of be six thousand four hundred sixty-one and 19/1 00 dollars ($6,461.19) for a total of one hundred thirty-five thousand six hundred eighty-five and 01/100 dollars ($135,685.01). The proposed ordinance will take affect on October I, 2005. A chart showing the current and proposed fee by category is also attached. Pursuant to Section 205.032, Florida Statutes, the Board must conduct two public hearings on the proposed ordinance at least fourteen days (14) apart. On July 12, 2005, the Board will conduct the first public hearing. The second public hearing has been scheduled for August 2, 2005. Notices of the public hearing, including the current and proposed fees, was published on June 30, 2005 and will be published again on July 13,2005. RECOMMENDATION/CONCLUSION: No action is required at this time. The second public hearing will be held on August 2, 2005 at 6:00 p.m. or as soon thereafter as may be heard. I Attachment HY/ Copies to: '-" ...., Respectfully submitted, ~Òð- Heather Young Assistant County Attorney County Administrator Tax Collector Finance Director Management and Budget Director Economic Development Manager 2 '-' ,...." ORDINANCE NO. 05-014 AN ORDINANCE AMENDING ARTICLE II OCCUPATIONAL LICENSE TAXES AND REGULATION OF CHAPTER 1-12 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; ; AMENDING SECTION 1-12-26 (SAME - FARM, GROVE, HORTICULTURAL. FLORICULTURAL, TROPICALPISCICULTURAL AND TROPICAL FISH FARM PRODUCTS), SECTION 1 -12 - 27 (ADVERTISING SPACE RENTERS), SECTION 1-12-28 (AMUSEMENT DEVICES), SECTION 1-12 - 39 (HOTELS, APARTMENT HOTELS, MOTELS, ETC.), SECTION 1-12-30 (CAFES. RESTAURANTS AND OTHER EATING ESTABLISHMENTS), SECTION 1-12-31 (CONTRACTING), SECTION 1-12-32 (INSURANCE ADJUSTERS), SECTION 1-12- 33 (MANUFACTURING, PROCESSING, QUARRYING AND MINING), SECTION 1-12-34 (PAWNBROKERS), SECTION 1-12- 36 (GENERAL BUSINESS), SECTION 1-12-37 (RETAIL STORE LICENSE), SECTION 1-12-37 (RETAIL STORE LICENSE). SECTION 1-12-38 (TRADING, ETC., IN TANGIBLE PERSONAL PROPERTY), SECTION 1-12-39 (VENDING MACHINES), SECTION 1-12-41 (TRAVELING JUNK DEALERS), TO INCREASE THE ANNUAL LICENSE FEE BY FIVE PERCENT (5%) PURSUANT TO SECTION 205.0535, FLORIDA STATUTES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, EFFECTIVE DATE AND CODIFICATION. WHEREAS, the Board of County Commissioners ("Board") of St. Lucie County, Florida, has made the following determinations: 1. Section 205.032, Florida Statutes, provides for a county to adopt to levy an occupational license tax for the privilege of engaging in or managing any business, profession, or occupation with its jurisdiction. 2. Section 205.0536, Florida Statutes, authorizes the Board of County Commissioners to reclassify businesses, professions, and occupations and establish new rate structures following the review of the existing classification and rate structure by an Equity Study Commission. 3. On April 24, 1994, the Board adopted Resolution No. 94-99 which established an Equity Study Commission to review the County's then existing occupational license taxes and recommend to the Board any revisions to the classifications and rate structure deemed appropriate. 4. On September 14, 1995, the Board adopted Ordinance No. 95-05 which incorporated the recommendations of the Equity Study Commission. Strud\ tkreugh passages are deleted. Underlined passages are added. -1- '-" ....,¡ 5. Subsection 205.0535(4), Florida Statutes, authorizes a county which has adopted a reclassification and revision ordinance pursuant to Subsections 205.0535(2) and (3), Florida Statutes, to increase the rates of local occupational license taxes by up to five percent (51'0) every other year. 6. On October 1, 2000. the Board adopted Ordinance No. 00-06 which clarified certain provisions of the occupational license tax ordinance, provided for the deposit of seventy percent (701'0) of the County's proceeds from the taxes to be deposited into the St. Lucie County Economic Development Trust Fund, and increased taxes a provided under Subsection 205.0535(4), Florida Statutes. 7. In accordance with Subsection 205.0535(4), Florida Statutes, this Board has determined that it is appropriate to further increase the occupational license taxes by an additional five percent (570). PART A. ARTICLE II. OCCUPATIONAL LICENSE TAXES AND REGULATIONS OF CHAPTER 1-12 OF THE CODE OF ORDINANCES IS AMENDED TO READ A5 FOLLOWS: Section 1-12-26. Same - Farm, grove, horticultural, floricultural, tropical piscicultural and tropical fish farm products. (a) All farm, grove, horticultural, floricultural, tropical piscicultural and tropical fish farm products and products manufoctured therefrom, except intoxicating liquors, wine or beer, shall be exempt from license tax, when the same is being offered for sale or sold by the farmer or grower producing such products. The management of wholesale farmers' produce markets shall have the right to pay a license tax of twenty five dollars ($25.00) twenty-six dollars and twenty-four cents ($26.24) that will entitle its stall tenants to deal in agricultural and horticultural products without obtaining individual licenses, but individual licenses shall be required of such tenants unless such license is obtained for the market. (b) Every person, other than nonprofit cooperative associations, engaged in the business of packing, processing or canning agricultural products not grown by him, shall for each place of business pay a license tax of eight dollars and twenty fi'/e el:"ts ($8.25) eight dollars and sixty-six cents ($8.66), plus one dollar and eighty fi·.1: ~1:1,ts ($1.85) one dollar and ninety-four cents ($1.94) for each five (5) persons employed thereat; provided such licenses shall not exceed t~;el,ty fi.e dollars twenty six dollars and 25 cents. Section 1-12-27. Advertising space renters. Every person renting for profit advertising space in or on any boat, car. bus, truck or other vehicle shall pay a license tax of one dollar and eighty fi.e cents ($1.85) one dollar and ninety-four cents ($1.94) for each such boat, car, bus, truck or other vehicle operated by him. Struck thrðl;lgR passages are deleted. Underlined passages are added. -2- '-' ..."" Section 1 -12 - 28. Amusement devices. (a) Every person who operates for a profit any game, amusement or recreational device, contrivance, or facility not otherwise licensed by some other law of the state shall pay a license tax of eight dollors ond tM:nt'y five cents ($8.25) eiQht dollars and sixty-six cents ($8.66) on each such game, amusement or recreational device, contrivance or facility. (b) Any person who operates any of the above devices for profit under the sponsorship of a merchant, hopping center or merchant's association, charitable, religious or educational institution shall be licensed under this section. This license shall be good for one location only; however, the licensee may return to the same location during the same license year without obtaining an additional license other than for any additional devices. Section 1-12-29. Hotels, apartment hotels, motels, etc. (a) Every person engaged in the business of renting accommodations, except nontransiently rented apartment houses shall pay for each place of business an amount of sev el1t y fi v e cel,ts ($0.75) seventy-eight cents ($0.78) for each room. However, no such establishment shall pay less than ~ dollars and tM:nty five cents ($8.25) eight dollars and sixty-six cents ($8.66) for such license. The room count to be used in this section shall be the same as used by the division of hotels and restaurants of the department of business regulation. (b) No license shall be issued to ony business coming under the provisions of this section until a license has been procured for such business from the division of hotels and restaurants of the department of business regulation. Section 1-12-30. Càfes, restaurants and other eating establishments. (a) Every person engaged in the business of operating a restaurant, café, snack bar, take out service, dining room, drive-in eating establishment or other public eating place, whether operated in conjunction with some other line of business or not, except dining rooms in licensed public lodging establishments shall pay a license tax based on the number of people for whom he has seats or occommodations for the service or consumption of food t anyone time, in accordance with the following schedule: (1) Zero to thirty (30) seats, eighteen dollars and seventy five cents ($18.75) nineteen dollars and sixty-ei9ht cents ($19.68). (2) Over thirty-one (31) seats, t~venty five dollars ($25.00) twenty-six dollars and twenty-five cents ($26.25). (b) The seating capacity and classifications used by the division of hotels and restaurants of the department of business regulation shall be used in this section. Strl:ld( till 61:1gh passages are deleted. Underlined passages are added. -3- '-' ...., Section 1-12-31. Contracting. (a) Each person who contracts or sub-contracts to construct, alter, repair, dismantle or demolish buildings, roads, bridges, viaducts, sewers, water and gas mains or engages in the business of construction, alteration, repairing, dismantling or demolition of buildings, roads, bridges. viaducts, sewers, water and gas mains must obtain a license as a contractor. The license tax shall be determined by the maximum number of persons actually employed or to be employed during the license year in the county in which the work is performed and shall be at the following rate: (1) From one to ten (10), ~I~.~n dollars and t~.entr fi.~ œnts ($11.25) eleven dollars and eighty-one cents ($11.81), (2) For eleven (11) to twenty (20), h.enty tM dollars and fiftf œnts ($22.50) twenty-three dollars and sixty-two cents ($23.62). (3) Over twenty-one (21), twcl,tf five dollars ($25.00) twenty-six dollars and twenty-five cents ($26.25). (b) In determining the number of persons employed, all principals shall be deemed employees and be included in the calculation. Section 1-12-32. Insurance adjusters. All persons acting as insurance adjusters shall pay a license fee of cig' ,t dðllars and h,~ntT fi"~ ec.l1ts ($8.25) eight dollars and sixty-six cents ($8.66 ). The provisions of this section shall not apply to insurance agents. Section 1-12-33. Manufacturing, processing, quarrying and mining. (a) Every person engaged in the business of manufacturing, processing, quarrying or mining must obtain a license under this section. The amount of the license tax shall be determined by the maximum number of persons actually employed, or to be employed, during the license year in the county in which the work is performed and shall be at the following rates: (1) One to ten (10) employees, ~ig"'tecn dollGrs Gild s~.entT fi.~ cents ($18.75) nineteen dollars and sixty-eight cents ($19.68). (2) Over eleven (11) employees, twenty five dollGrs ($25.00) twenty-six dollars and twenty-five cents ($26.25). (b) No license shall be required under this section where the manufacturing, processing, quarrying or mining is incidental to and part of some other business classification for which a license is required by this chapter and is carried on at the place of business licensed under such classification. Strl:le!1 tl'lrðl:lgn passages are deleted. Underlined passages are added. -4- '-' """ Section 1-12 - 34. Pawnbrokers. (a) Pawnbrokers shall keep a complete and true record of all transactions, showing from who each article of their stock was purchased or pledged, the date of the transaction and the date and to whom each article was sold, which record shall at all times be subject to the inspection of all police or peace officers. (b) Any person violating the provisions of this section shall be guilty of a misdemeanor. Section 1-12-36. General Business. There is hereby created a new general business classification. Except as provided herein, every person engaged in a business in St. Lucie County shall pay 0 license tax of twent·ý fi..e dollars ($25.00) twenty six dollars and twenty-five cents ($26.251. Provided, however, that a business employing five (5) or less employees shall pay a tax of fourteen dollars and forty-three (14.43). This will include every person engaged in the practice of any profession who offers his service either directly or indirectly to the public for a consideration whether or not such endeavor is required by law. Every person engaged in a profession, business or occupation regulated by law where licensing and qualification standards are required shall display and exhibit to the tax collector the license for the current year prior to the tox collector issuing an occupational license pursuant to this chapter. An occupational license shall not be required where a person, although licensed by law under a regulatory statute, is prohibited from engaging in a profession, business or occupation unless under the direct supervision of another person, individual or corporation. Every individual or group of individuals who operates a branch office, or any . professional corporation which operates an office in which a profession is practiced, shall license each office in which the profession is practiced. Section 1-12-37. Retail store license. (a) For the privilege of conducting, engaging in and carrying on the business of a retailer as defined in this section. there is hereby levied and assessed upon every person or association of persons as herein defined, for each store located and operated within this state by such person or association of persons, an annual license tax in the sum of t~.cr'\tr five and 0/100 ($25.00) dollars twenty-six dollars and twenty-five cents ($26.25). (b) The following words, terms and phrases when used in this section have the meaning ascribed to them, except where the context clearly indicates a different meaning. Retailer includes every person engaged in the business of making sales at retai I. Such term shall not include bulk plants or filling stations engaging principally in the sale of gasoline and other petroleum products; ice plants or ice dealers engaging principally in the sole of ice; bakeries and other manufacturing or processing plants selling on the products manufactured or processed therein; or restaurants, cafes. cafeterias, hotels and liquor stores; provided, however, that where food or intoxicating liquors are sold in connection with a principal business, but only incidental thereto, such Strud\ threugh passages are deleted. Underlined passages are added. -5- \w<. 'WI principal business shall not be exempt from the license tax imposed therein; provided, further, that, incidental sales not otherwise excepted in this subsection made by a licensed wholesaler to consumers at wholesale rices, shall not be construed to be retail sales unless such sales exceed five (5) percent of such wholesaler's total sale. Retail sale or sale at retal1 means any sale to a consumer or to any person for ony purpose other than for resale in the form of tangible personal property; provided, that, no sale shall be construed to be a retail sale where goods, wares and merchandise are sold in wholesale quantities at wholesale prices by licensed wholesale dealers under standing orders or through outside salesmen as distinguished from sales of small packages at retail prices or is sold in wholesale quantities and at wholesale prices or is sold in wholesale quantities and at wholesale prices to any governmental institution, subdivision or agency. Section 1-12-38. Trading, etc., in tangible personal property. (a) Every person engaged in the business of trading, bartering, serving, or selling tangible personal property, as owner, agent, broker or otherwise, shall pay a license tax of eighteen dðllars and se\cl'ltl fi.e cents ($18.75) nineteen dollars and sixty-eight cents which shall entitle him to maintain one (1) place of business, stationary or movable, and shall pay fifteen dollars and seventy-five cents ($15.75) for each additional place of business; provided that the license for each bulk plant or depot of wholesale dealers in petroleum products shall be t~.ent·1 fi.e dðllars ($25.00) twenty-six dollars and twenty-five cents ($26.25). Vehicles used by any person for the sale and delivery of tangible personal property at wholesale from his established place of business on which a license is paid shall not be construed to be separate places of business, and no license may be levied on such vehicles or the operators thereof as salesmen or otherwise. (b) No license shall be required under this section where the trading, buying, bartering, serving or selling of tangible personal property is 0 necessary incident of some other business classification for which an occupational license is required by this article and is carried on at the place of business licensed under such other classification, nor shall this section apply to any person engaged in the sale of motor vehicles or principally in the sale at retail of gasoline and other petroleum products. Section 1-12-39. Vending ~achines. (a) As used in this section, the following words shall have the meanings set forth in this paragraph (a) Laundry equipment means any equipment necessary for the operation of a coin-operated laundry, including, washers, dryers, pressing or ironing machines and soap, bleach and laundry bag dispensing machines. Stl"UcI( tMl"ðl:lgM passages are deleted. Underlined passages are added. -6- \wi "-" Merchandise vending machines means any machine, contrivance or device which is set in motion or made or permitted to function by the insertion of a coin, slug, token or paper currency and dispenses merchandise without the necessity of replenishing the device between each operation. Merchandise vending machine operator means any person who operates for a profit thirty-five (35) or more merchandise vending machines. Service vending machine means ony machine, contrivance or device which is set in motion or made or permitted to function by the insertion of a coin, slub, token or poper currency and which dispenses some service or amusement. Service vending machine operator means any person who operates for a profit thirty-five (35) or more service vending machines. (1) Merchandise vending machines, eight dollars and tWt:nt, fi.t: œnts ($8.25) eiaht dollars and sixty-six cents ($8.66) for each machine; provided that when any merchandise vending machine is located in and operated only in a place of business for which a license has been duly issued for trading. buying, bartering, serving or selling tangible personal property under this article or other laws of this state, the license tax thereon shall be thrct: dollars ($3.00) three dollars and fifteen cents ($3.15) for each machine. (2) Merchandise vending machines operators, h,ent, fi·.e dollars ($25.00) twenty- six dollars and twenty-five cents ($26.?5) for the privilege of engaging in such business and shall further pay an annual license tax of st:,cnt, fi.e cents ($0.75) eighty-seven cents ($0.87) for each machine. (3) Service vending machines, eight dollars and st:.'enty file œnts($8.75) nine dollars and nineteen cents ($9.19) for each machine. (4) Service vending machine operators, tl.cnt·f fi.e dollars ($25.00) twenty-six dollars and twenty-five cents ($26.25) for the privilege of engaging in such business, and snail further pay an annual license tax of one dollar and eight, œnts ($1.80) one dollar and eighty-nine cents ($1.89) for each machine. (5) Laundry equipment, se.t:nt, fi.t: œnts ($0.75) seventy-eight cents ($.78) for each piece of equipment. (6) Coin-operated radio, television and similar devices installed in businesses providing housing accommodations for the traveling public, thirteen dollars ($13.00) thirteen dollars and sixty-five cents ($13.65) for coin-operated radios, television sets, vibrating mattresses or similar devices installed in guestrooms in hotels, tourist homes, tourist courts, rooming houses and other businesses providing housing accommodations for the traveling public, and further pay an annual license tax of thirt, cents ($0.30) thirty-two cents ($.32) for each machine. Strud( tl ,F"u~k passages are deleted. Underlined passages are added. -7- '-' ...".¡ (7) Penny vending machines, sE,cntr fivc CEnt.s ($0.75) seventy-eight cents ($0.78) for each machine. (c) section: The following vending machines and lockers are exempt from the tax provided by this (1) All vending machines which dispense only United States postage stamps, unadulterated Florida produced citrus juices or newspapers are hereby exempt from the payment of any excise or license tox levied by the state or any county, municipality or other taxing districts thereof. (2) Penny operated vending machines located in licensed places of business and dispensing only nuts, citrus juices and other food products. (3) Coin-operated parcel checking lockers and toilet locks used in railroad, bus, airport stations. or depots, and in hotels, boarding houses, restaurants and rest rooms for the convenience of the public. Section 1-12-41. Traveling junk dealers. Each person who travels from place to place purchasing junk shall pay a license tax of cigl ,tccn dollars and sE,cntr fi',c cents ($18.75) nineteen dollars and sixty-eiaht cents ($19.68)and shall, before leaving any municipality, submit to the appropriate law enforcement agency a list of the junk he has purchased, together with the names and permanent addresses of the persons from whom purchased. PART B. CONFLICTING PROVISIONS In the event that any provision of this Ordinance is found to be contrary to any other St. Lucie County Ordinance which regulates the same subject matter, then in said event, the more restrictive Ordinance shall apply. PART C. sEVERABILITY The provisions of this Office are severable, and it is the intention to confer the whole or any part of the powers herein provided for. If any of the provisions of this Ordinance shall be held unconstitutional by any Court of competent jurisdiction, the decision of such Court shall not affect or impair any remaining provisions of this Ordinance. It is hereby declared to be the legislative intent that this Ordinance would be adopted had such unconstitutional provision not been included therein. PART D. EFFECTIVE DATE This Ordinance shall take effect on October 1, 2005. Strud( thraugh passages are deleted. Underlined passages are added. -8- '-' ......, PART E. ADOPTION After motion and second, the vote on this Ordinance was os follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Joseph E. Smith Commissioner Paula A. Lewis Commissioner Chris Craft xxx XXX XXX XXX XXX PART F. 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 F shall not be codified. PASSED AND DULY ADOPTED this day of ,2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Struc!( through passages are deleted. Underlined passages are added. -9- '-' ...." CURRENT AND PROPOSED OCCUPATIONAL LICENSE FEES CateQorv: Farm, Grove, horticultural, floricultural, tropical piscicultural, tropical fish farm products Packing, processing or canning agricultural products not grown by licensee Plus per each 5 employees Employee based tax not to exceed Advertising space renters - per vehicle Amusement devices - per device Hotels, apartment hotels, motels, etc - per room Not to exceed Cafes, restaurants, other eating establishments Zero to 30 seats Over 30 seats Contracti ng One to 10 employees Eleven to 20 employees Over 21 employees Insurance adjusters Manufacturing, processing, quarrying, mining One to 10 employees Over 11 employees General business Five or less employees Six or more employees Retail store Trading, etc in tangible personal property Bulk plant or depot of wholesale petroleum products other personal property Current: Proposed: $26.00 $26.24 $8.25 $8.66 $1.85 $1.94 $25.00 $26.25 $1.85 $1.94 $8.25 $8.66 $0.75 $0.78 $8.25 $8.66 $18.75 $19.68 $25.00 $26.25 $11.25 $11.18 $22.50 $23.62 $25.00 $26.25 $8.25 $8.66 $18.75 $19.68 $25.00 $26.25 $14.43 $15.15 $25.00 $26.25 $25.00 $26.25 $25.00 $18.75 $26.25 $19.68 ~ ..."",¡ Cateqory: Current: Proposed: Vending machines Merchandise vending machines, per machine $8.25 $8.66 Located in county or state licensed business, per machine $3.00 $3.15 Merchandise vending machines $25.00 $25.26 Per machine $0.75 $0.87 Service vending machine, per machine $8.75 $9.19 Service vending machine operator $25.00 $26.25 Per machine $1.80 $1.89 Laundry equipment, per machine $0.75 $0.78 Coin-operated radio, television, etc in motels, etc $13.00 $13.65 Per machine $0.30 $0.32 Penny vending machine, per machine $0.75 $0.78 Traveling junk dealers $18.75 $19.68 ~/ , , '-" AGENDA REQUEST """'" ITEM NO.gB DATE: July 12, 2005 REGULAR [ ] PUBLIC HEARING [ X ] CONSENT [ ] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Amendment to FY 2005 Budget BACKGROUND: The audit of the Board's 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 FY 2005 budget to reflect the actual beginning cash balances, the revised revenue estimates and establishing transfers between funds. FUNDS AVAILABLE: See attached Budget Resolution 05-266 PREVIOUS ACTION: September 16, 2004 - The Board held a Public Hearing and adopted the FY05 budget. February 22, 2005 - The Board granted permission to advertise a Public Hearing on this matter. The advertisement was published on July 7, 2005. RECOMMENDATION: Staff recommends the Board of County Commissioners adopt Budget Resolution 05-266 amending the FY05 budget. COMMISSION ACTION: CONCURRENCE: [X] APPROVED [] DENIED [ ] OTHER: Approved 5-0 Doug Anderson County Administrator County Attorney: XX ;J;t' Coordination/Signatures Management & Budget' XX ~ fI~lwing, Public Works: Other: Finance: (Check for Copy only, if applicable) XX G:\BUDGETI WPIAGENDA'SIAGENDAOSI07'lZ'OSFYOSFBFUPDA TE.DOC ~ ""'" .. RESOLUTION NO. 05-266 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for S1. Lucie County, staff calculated the actual fund balance for each fund as of September 30, 2004, 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 lib day of July, 2005, 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 2004-2005, and the County's budget is hereby amended as reflected in attachment "An, which is incorporated as part of this resolution. After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson Commissioner Doug Coward, Vice Chairperson Commissioner Joseph E. Smith Commissioner Chris Craft Commissioner Paula A. Lewis xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 12 TH DAY OF JULY, 2005. BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA ATTEST: BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY G:\BUDGE1\ WPIAGENDA'SIAGENDA05107'12'05FY05FBFUPDA TE.DOC ~ .... z w ::;; :I: U <0: S ID ID ("II , It) o z o ¡::: ::J ..J o C/) w D::: , ":"0 w.... VJo 2.w VJf- z< 00 _0 ....-' c(-' -< ~- 0.0 Ow ~o 0.- 0.0 c(~ tii :¡: o -' -' o "- II) c( C w C z w ~ >- '" w ~ W :I: !!! .... w e,:¡ c ::;) '" VJ ).. .... z ::;) o U W :I: .... 10 _a: w< U$; ~a: ::;)0 °lL ~Wl-Z cnüWW WZ(!):2 ::;)<00 Z-J~Z W<![QW >aJ...J::2 WO« ~Z....c:: ::JOW ........... Z lL _ 4: G W e. 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[ ] Quasi-JD [x] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Petition for Abandonment Abandon a portion of Dunn Road, Section 17, Township 368, Range 40E Resolution 05-259 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve Resolution No. 05-259 , instruct staff to publish the final Notice of Abandonment, record Resolution No. 05-259 Proof of Publication of the Notice of Intent to Abandon, Proof of Publication of the Notice of Public Hearing, Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County. ~ APPROVED [ ] OTHER [ ] DENIED Approved 5-0 COMMISSION ACTION: Dou . Anderson County Administrator [ ]Originating Dept:_ Review and Approvals [x] Road and Bridge: ~ [x] Engineering:~ [x] Public WorkS~ [ ]Purchasing: [x] County Attorney: ~ '- ...., PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Daniel McIntyre, County Attorney DATE: July 12, 2005 SUBJECT: Public Hearing Abandonment of a portion of Dunn Road Resolution No. 05-259 BACKGROUND: The Property Acquisition Division received a request from KB Homes to abandon a 100 foot right-of-way, approximately 1.34 +/- acres, known as Dunn Road in Section 17, Township 36 South, Range 40 East. This portion of Dunn Road is an unopened and unmaintained County right-of-way located west of St. James Drive, south of the C-106 Canal and north of the Florida Power and Light property. KB Homes owns the property on either side of Dunn Road and their goal is to uti lize their property on both sides of Dunn Road to build an approved Planned Unit Development. KB Homes' property is located within the City of Port St. Lucie and subject to the recording of their PUD, the applicant will dedìcate to the City of Port St. Lucie a 100 foot wide right-of-way that runs in an east-west direction along the south side of the property. KB Homes also needs to provide documentation from the County that they have addressed the cost or need for landscaping the median that is located within St. James Drive and located directly in front of the subject parcel. A Notice of Intent to Abandon was advertised on February 24 and March 3, 2005. No objections were filed. On June 14, 2005, the Board of County Commissioners approved Permission to Advertise for a Public Hearing on July 12, 2005. A sign was placed on the property notifying the Public of the time and place of the Public Hearing to abandon Dunn Road. On June 24, 2005, letters weremailedtoallpropertyowners.lying within 300 feet of the proposed abandonment. ~ ....,¡ PROPERTY ACQUISITION DIVISION MEMORANDUM On June 27, 2005, a Notice of Public Hearing was advertised in the Ft. Pierce Tribune and the Port St. Lucie News. All relevant public uti lities have been notified and no objections have been filed. County staff members have reviewed the petition and have fi led no objections to the proposed abandonment contingent on KB Homes contacting St. Lucie County to address the landscaping requirements in the median that is located within St. James Drive directly in front of the subject parcel as required by City of Port St. Lucie approval of this project. The abandonment shall not be recorded until this condition in complied with to the satisfaction of the St. Lucie County Road and Bridge Manager. RECOMMENDATION: Staff recommends the Board approve Resolution No. 05-259 instruct staff to publish the final Notice of Abandonment, and record Resolution 05-259, Proof of Publication of the Notice of Public Hearing and Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County, Florida. Daniel McIntyre County Attorne Dunn Road bandonment o rr N f- ~ W I/) . "'" i. lIDO ... .... 5(;-/,...,... ~~.c ç,~~~~ I/) -i L.. » ;:: m (J) c ;x¡ '- 'WI This instrument prepared by: Janet liCausi, under the direction of Daniel S. McIntyre, County Attorney Sf. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 RESOLUTION NO. 05-259 DATE: July 12, 2005 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, CLOSING, VACATING AND ABANDONING ANY INTEREST OF ST. LUCIE COUNTY AND THE GENERAL PUBLIC IN A PORTION OF DUNN ROAD, SOUTH OF CANAL C-I06, LYING IN SECTION 17 TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. That Sections 177.101,336.09 and 336.10, Florida Statutes, as amended, and Section 11.10.01 et. seq. of the St. Lucie County Land Development Code, provide that the County may adopt resolutions vacating rights-of-way in whole or in part, which are under the jurisdiction of the Board of County Commissioners of St. Lucie County, Florida. 2. Pursuant to Deed Book 20 I, Page 53, St. Lucie County and the general public have a dedicated interest in the following described land: A portion of the 100' right-of-way for Dunn Road lying in Section 17, Township 36 South, Range 40 East, as recorded in Deed Book 201 at Page 53, Public Records ofSt. Lucie County, Florida, being more particularly described by metes and bounds as follows: Commencing at the southeast corner of the Plat of St. James Golf Club, according to the Plat thereof, as recorded in Plat Book 38 at Page 4, Public Records of St. Lucie County, Florida; thence N89'44'41 "E, a distance of 256.82 feet; thence N89'43'31 "E, a distance of I ,264.82 feet to a point on the westerly right-of-way line of said Dunn Road, and the point of beginning; thence NOO'13'IQ"W, along said westerly right-of-way line, a distance of 583.98 feet to a point of the southerly right-of-way line for Canal C-I 06; thence N89' 44'50"E, along said southerly right-of-way line, a distance of 1 00.00 feet to a point on the easterly right-of-way line of said Dunn Road; thence SOO'13'10"E, along said '- ""'" easterly right-of-way line, a distance of 583.94 feet; thence S89'43'31 "W, a distance of 100.00 feet to the Point of Beginning. Containing 58,396 square feet or 1.34 acres, more or less. Subject to any/all easements, reservations, dedications or restrictions. 3. The abandonment of a portion of Dunn Road right-of-way will allow KB Homes to develop their property that lies East and West of this portion of Dunn Road. 4. A Notice of Intent to Abandon was advertised on February 24,2005 and March 3, 2005 and no objections were filed. 5. All relevant public utilities have given written consent for the abandonment. Florida Power and Light will not abandon the Florida Power and Light Transmission Easement. 6. County staff members have reviewed the petition and have filed no objections to the proposed abandonment contingent on KB Homes contacting St. Lucie County to address the landscaping requirements in the median that is located within St. James Drive directly in front of the subject parcel as required by City of Port St. Lucie approval of this project. The abandonment shall not be recorded until this condition in complied with to the satistàction of the St. Lucie County Road and Bridge Manager. 7. All 'abutting property owners have been notified and no objections have been filed. 8. On June] 4, 2005, the Board of County Commissioners approved Permission to Advertise for a Public Hearing on July 12, 2005. 9. On June 24, 2005, letters weremailedtoallpropertyowners.lying within 300 feet of the proposed abandonment. 10. On June 27, 2005, a Notice of Public Hearing was advertised in the Fort Pierce Tribune and Port St. Lucie News. 11. It is in the best interest of the public to vacate and abandon the right-of-way more particularly described as follows: A portion ofthe 100' right-of-way for Dunn Road lying in Section] 7, Township 36 South, Range 40 East, as recorded in Deed Book 201 at Page 53, Public Records of St. Lucie County, Florida, being more particularly described by metes and bounds as follows: Commencing at the southeast comer of the Plat of St. James Golf Club, according 2 \w ...", to the Pla1 thereof, as Recorded in Plat Book 38 at Page 4, Public Records of St. Lucie County, Florida; thence N89"44'41 "E, a distance of 256.82 feet; thence N89'43'31 "E, a distance of 1,264.82 feet to a point on the westerly right-of-way line of said Dunn Road, and the point of beginning; thence NOO"13' I O"W, along said westerly right-of-way line, a distance of 583.98 feet to a point of the southerly right-of-way line for Canal C-l 06; thence N89'44'50"E, along said southerly right-of-way line, a distance of 100.00 feet to a point on the easterly right-of-way line of said Dunn Road; thence SOO'13' 1 O"E, along said easterly right-of-way line, a distance of 583.94 feet; thence S89' 43'31 "W, a distance of I 00.00 feet to the Point of Beginning. Containing 58,396 square feet or 1.34 acres, more or less. Subject to any/all easements, reservations, dedications or restrictions. is hereby closed, vacated and abandoned and the right, title and interest of St. Lucie County and the general publ ic in and to said lands hereby disclaimed and renounced. Chairman Frannie Hutchinson Vice-Chairman Doug Coward Commissioner Paula Lewis Commissioner Chris Craft Commissioner Joseph E. Smith PASSED AND DULY ADOPTED this 12 day of July, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS By: COUNTY ATTORNEY 3 '...I ST. LUCIE COUNTY BOARD OF COUNTY COJ\'1MISSIONERS PETITION FOR ABANDONM:ENT TO: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA. The undersigned PETITIONER hereby petitionS the St..Lucie County· Board of County Commissioners· to vacate, abandon, discontinue and close, in whole or in part, specific public rights-of-way, easements, or subdivision plats, as more particularly described in this petition, and to renounce and disclaim any right of the County' and the public in and to any land in connection therewith. This petition is filed pursuant to law as more particularly set forth in Florida Statutes, Section 177.101, as amended, Florida Statutes, Sections 336.09 and336.10, as amended, ànd St. Lucie County Land D evelopment Code, Section 11.10.01 et. seq. ********************************************************************************************* . .' TYPE OF ABANDONMENT REOUESTED .~ A Plat (*) (check one or more as applicable) ("*" indicates requirement for public hearing) ~ A Portion of a Plat (*)~unty Road ~ght-of-Way (*) _ Drainage Easement not Affecting Road Drainage _ Public Utility Easement _ Drainage Easement Affecting Road Drainage (*) Other _ Public Interest in a Private Right -of-way or Easement ***** *************"'*** * ****** * ****** ************** ***** **************.************** ****,,***** Petitioner hereby certifies that the :filing fee of $250.00 is enclosed or has been paid to St. Lucie County, and that petitioner hereby further certifies that petitioner understands that the filing fee is non-refundable and that there is no assurance that this petition will be granted, in whole or in part, and no such assurances have been made by any County employee. . \w' -....I This Petition shall contain an affidavit of the Pe.titioner attesting to the validity of the representations herein and it's completeness to the best of Petitioner's knowledge and belief. )1. The Legal Description of the petition site is attached as <EXHIBIT "A"). (Note: . The petition site may lie upon property owned by Petitioner, i.e. an easement over Petitioner's property, or adjacent to Petitioners property, i.e. a public road right-of-way.) 2. Title or interest of the County and the Public in and to the petition site was acquired and is evidenced by: vi ~. D ff-.tJ) (plat # and identification, Deed, or other title evidence) recorded in: Ü (E'-D ßoö 1L 1-0 \ ) ? f1&£. S ~ .. (plat Book and Page, Deed Book and Page, or Official Record Book and Page) Public Records of St. Lucie County, Florida. Attached hereto as (EXHIBIT liB ") is a sketch, accurately drawn, depicting the petition site as described in (EXHIBIT "A"), showing boundaries of abutting properties, any encroacbments, drainage andJorutility . e¡iSements, any structures within the petition site, and property benefiting from the abandoDIDent. A copy of a portion of the appropriate tax map (8 % xII), obtain!lble from the Property Appraisers Office, may be used for this purpose. . Attachedhereto as (EXHIBIT "C") is a location map which clearly and legibly identifies the location of the petition site in relation to the nearest public right-of-way and all affected properties (properties within a minimum 300 foot radius of the petition site). A copy ofaportion ofllie,appropriate tax map (8 % xII), obtainable from the Property Appraisers Office, may be used for this purpose. 5. Attached hereto as (EXHIBIT "D") is a list of property owners, including correct mailing addresses, property tax Idèntificationnumber and legal descriptions of surrmmding affected properties. (Note: County Staff may request additional information if it is determined that the proposed abandonment could have a negative effect on properties located more than 300 feet from the petition site.) . 6. Attached hereto as (EXHIBIT "E") is a list of abutting property owners, including correct mailing addresses, property tax Identification number and legal descriptions of the adj acent properties. Such owners of abutting properties have signed a notarized statement consenting to the abandonment of public right-of- way and such signed statements are attached hereto as (EXHIBIT "E-l", "E-2", etc.) . 7. Attached hereto as (EXHIBIT "F"), consecutively numbered "F-l". "F-2", etc., the signed consent of any affected utility providing service to or within the petition !lite and! or drainage district having jurisdiction . over the petition site. . 8. The Petitioner hereby certifies that in the event this petition is granted, the abandonment of the pub lie right- of-way will not prevent other property owners from access to and from their property, and no other property owner in the vicinity will be adversely affec~ed. 9. 10. '- .....I The Petitioner hereby certifies that the petition site is not a right-of-way which is part of or used for any State of Federal highway purposes; and that such right-of-way is UJlder the control and jurisdiction of the S1. Lucie COUJ1ty Board of County Commissioners. . The Petitioner hereby certifies that the petition site is not a public accessway to any publicly accessible waters in the County, or that if the petition site proposed to be abandoned does provide such access, Petitioner hereby offers to trade or give the COUJ1ty comparable land or lands necessary for public access to the same body of water. 11. The petitioner hereby certiñes that petitioner is the owner of property 1lllder£¡ing or adj acent to the petition site as evidenced by an instrument recorded in Official Record Booklot2>fPage t.n~ 81. Lucie County, Florida, a copy of which is ;:¡,ttached as (EXHIBIT "G"). 12. . The petitioner hereby certifies that all property taxes upon the Petition site, or petitioner's property adj acent to the petition site, are paid and current, or exempt from taxation, and a copy of a paid tax bill or statement of the County Tax Collector is attached heretö as (EXHIBIT "H"). 13. The Petitioner hereby certifies: (CIRCLE "a" OR "b" BELOW) a) that the petition site to be abandoned is NOT within the limits of any municipality, OR b) that the petition site to be abandoned. lies within the corporate limits of . and attached is their resolution of abandonment ofllie petition site as (EXHIBIT "I"). 14. The Petitioner hereby submits a statement (EXHŒIT "J1I) in support of this petition which states 'Petitioner's rc::asons for requesting the abandonment and the use,to which the P~titioner intends for the land. 15. Petitioner hereby certifies that a NOTICE- OF INTENT TO FILE A ,PETITION FOR ABANDONMENT has been published once weekly for two (2) consecutive weeks in a newspaper of general circulation in the COUJ1ty. The name of the newspaper and dates of publication are as follows: .... I-ð r t fl t.!. R {!A£ rt2 I € P N'~ (Name of newspaper in which Notice of Intent was published) Z/~'/2ðð~ 3/3/201 .;- cFirst áate published) . (Second date published) A COPY OF THE PROOF OF PUBLICATION SHALL BE ATTACHED TO TIDS PETITION AS (EXHIBIT "K"). NOTICE TO PETITIONER: IF THE ABANDONMENT REQuEsTED REQUIRES A PUBLIC HEARING PURSUANT TO LAW, PETITIONER SHALL BE GIVEN NOTICE TO POST A SIGN (17" x 24" OR 1711 x 17") UPON THE- PETITION SITE IN A CONSPICUOUS AND EASILY VISIBLE LOCATION, ABUTTING A PUBLIC THOROUGHFARE, WHEN POSSIBLE, AT LEAST TEN (10) DAYS PRIOR TO THE PUBLIC HEARING GIVING NOTICE OF THE TIME AND DATE OF THE PUBLIC HEARING ON THE PETITION TO ABANDON OR VACATE. . '. DATE: '- TBJS PETITION MUST BE EXECUTED BEFO 3l~4 ( cC; "'" . iJu l-;t('¡::¡' Oil A=l: \ . VP LAN D k1L1::k1&' . Tw.sùJ<£ GÆí ~e or print Petiti6ner's name COUNTY OF. -:I-nd\ of'l ~\~er 8075 ~on\ ,s! Petitioner's Address· VE~a fuCI-\') FL Bd9lclD 77;)- ;Q6-~~I~ Petitioner's Phone Numbc;\r. . STATE OF '\=\ ör\ do... Before me this day personally appeared ~ ... \~ \ o-m or o..-z..,\ says: '\N\\.\\o.~.. . That DrC.:V, . is (are) the Petitioner(s); and, ' who, being· duly swoin, deposes and' That all of the representations and IDformatiqn provided in the petition is true and accurate to the best ofPetitioneÚ knowledge, information and belief. ,. . Subscribed and sworn to (or affirm~d) before me thii),\{"O:day' of \'r\o.ct'r\ , 2~ by ~,,\\\ o..'Nì orr:.-~ . ., . ~ who personally appeared before me and :i:-. who is personally known to me. . _ whose identity I proved on the basis of _ whose identity I proved on ~he oath/affirmation of . , a credible witness ·~·~:h~ Œ9tary Public . . . . i'~ 'I\. Jennlffe, T Hubbard '. ~ . My Commission DD357889 . '\~ ~/ ExP"es.sep~mber 26, ~ooa . '- Jiu\..fi.llJ 11 I I A r I ....,.¡ DUNN ROAD VACATION AND ABANDONMENT A PORTION OF THE ONE HUNDRED FOOT (100') RIGHT OF WAY FOR DUNN ROAD LYING IN SECTION 17, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS RECORDED IN DEED BOOK 201 AT PAGE 53, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING ATTHE SOUTHEAST CORNER OF THE PLAT OF ST. JAMES GOLF CLUB, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 38 AT PAGE 4, PUBLIC RECORDS OF ST. LUCIECOUNTY, FLORIDA; THENCE N89°44'41"E, A DISTANCE OF 256.82 FEET; THENCE N89°43'31"E, A DISTANCE OF 1 ,264.82 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID DUNN ROAD, AND THE POINT OF BEGINNING; THENCE NOoo13'10"W, ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 583.98 FEET TO A POINT OF THE SOUTHERLY RIGHT OF WAY LINE FOR CANAL C-106; THENCE N89°44'50"E, ALONG SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 100.00 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SAID DUNN ROAD; THENCE SOO"13'10"E, ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 583.94 FEET; THENCE S89Q43'31"W, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. CONTAINING 58,396 SQUARE FEET OR 1.34 ACRES, MORE OR LESS. SUBJECT TO ANY/ALL EASEMENTS, RESERVATIONS, DEDICATIONS OR RESTRICTIONS. ~ ~ r o ~;o 0- ;00 :Þ CO U o '" ~ COC'l ;0 ~ R- ~r::: G"J I 0..., .þ. on ~o s: U :Þ Z -< \w- ~. EXHIBIT "B" ¡- v ,G)(fJ Þo..., v -- r' . È; CD "'T' Cc. ~ :~ ~k Crrl i£m(fJ ""-~'~f:Ä ~ ~'-0t~ - - - ~(l(p-- +-f? "ZI?~Q - ... ... I UlUllJ z -j I'l . CO . 0 N to Ln. _(J1 . »00 ~Ä s:::O' co- I'lZ N-i>- Ull'l .~ ::0 C) 00 rl'l 'I -j nI rfT! C CDu r » -j o 'I u",tI1z:Þ "'>"'Glu :;o~~:;o;g os::ol"'1t110 .", :OZR-tI1'=' Ca-oj '-5: . ,-..08 Þ --c)J:;j¡:;i "'zÞ-rl 2iSAzU1r . Zþ-U10 uo~þ-ç; Þ-~ Z..., G"Jz 06 1"'1~ ~z ä;~ :=;0 - I 1"'1 '1 c..-.&....J :::0 \ ] I I I ,86 T9Ç 3NIl ).,VM .10 I ;~~~"~~ª ~ ..176T9Ç 3NIl ).,VM .:10 0,1 ; :3 0 l ç: laOS lH:)ld ^ ld31S\7 3 fT! I 'II W I'l z ~co NtO (J) . -i>--i>- .(.,. coG-Î N~ . fT! Ul co' ~ to O· o-i>- .(.,. o . o_~ ~ -j » (.,. x -þo_ ~o -..J1'l Iz ~-j N - N:::J In 0» a:::! 00 ~z I oz Oc Os: "'-CD ~fTl ::0 ( ì z o -- Z P V1 c o m g :E z ", ( þOZ(fJu ~ "Tl-jCz CD .:;0 CD I CD º ri fT1 fT1 0 rrl :O:;o°-¡¡<-1 U1 :;0 0 :;¡¡ -:::0 oo~o(fJ» zfT1Z00n ~oGJ~ Zrrl ~ £,ç; J:)V d . LO;;; >1008 OJJO dJd (M'd Œ^Otld\^lINn ,00l) OVOtJ NNnO I I. () þ ~~ o r [:;0- () ~ I ro (J) I I ~j ...,0 -. h I o:;o::t ~~=tg.~IZ z~r II I~ 'Ô ~ I\J ."..", oH 0a>~0L- l"'tI1~;::: I Þ- 0 - . tI1co ...,...,z I .I_ I .-..1 I I tI1 o C ..., I ", :0 r -< :;0 G"J I ..., o '1 ~ þ -< r Z 1"'1 -wi I I l- _ 8_ I I ~---- N o o . o o o ?:J :t>. '"û ::r::: f---< Cl Cf} n :t> l' t:rI O~ECÀ r:!?-c,% 1'c¡, RUCa~ ~ AŒ 5 PI~~?N ~ ':1,S:ci~~ ~ L;f'~1 ~~gi~A 30:: M~ \ ;$. ~ 4:I;ihLJI.. :;\0 CT'- \,:i' ",ç¡.¡J"""!'c,' \, ~~, C! I BE:NGAL 0 c,.~\ . 'G~\ .-t- \ DR,~ z l.(~ ,~\~ ;.C ~,' 1\ ,~,:)lJ,a'~\Jh=." \ '79 ~'t. ~\j _ ~r '. - , > 'i,tJ'c.~ ~ ê. ~",?€.R.. ~ ~~q ,> ~ ~o C1 y\{;. K~A¿: ....0 \...(,~'11'~ .',,- ~I';;'R¡;~\ ----4/·8·¿CJ¡.~ 'el?l c! ')~ø-~~'f~ " ~~ q, ,,' -1'~ -~~c,' ~. ...'" ("......·CIR \ ". ~ I \ oQ'f, ---,,/ THEDA l ¡8IA,§ KU~g ~"c",/'- "I" ,,'-< ----C;¡-$':"'CHARLES ,.t;:¡;2: CT\^ (""JI. ,lJ\ -I x -":g Ý f '/ r'~ s..¡ ~ ~ jig (,~ ~ Î ~. ,.'_.¡OAKS ~_ ~-'f~:i5 «~,,~ .... ~,¡) .... -r ~~ u p..'(~Of'l.J/ '<f1ç,., '~.¡. is h ~ CIR ~r~e,~~ 2: (.) "-'.!,," 'i-", <t'/ """ i'",o,- ....../}(~ ':1/ ~ ~. "', \w EXHIBIT /TC" I IOWA Y ROAlD N _W y ST. JAMES GOLF CLUB I~ .ç1, ,'~' C'f~,<>, . "'CH cryIf QQ;' , .~ ~.' <} it ,*,'r",' .~ I ,>- I \%, i'" r \..c. j~ N ~ tc <9 ~ C1 Ÿ, ui 5. c ?1 ~ ~ ¡iii \ \ E II . ~" ,~ , ~ l~ FLORIDA POWER & UGHT RIGHT OF WAY c;;. ~ FLlN:WNE: ~p..~--' o~ ST JAMES BLVD, v ~ ~ ð-;:> " >- :¡ I'" \SJ ,c ,., ',-< " o c ~ o c z z Location w s LOCA TION NOT TO SKETCH SCALE ....., ê "' j 0( ò. '-' "" EXHIBIT "Ð" Type or print name, address, property identification number, and legal description of sUITOLmding affected properties here I I , Owner Name and Address Tax 1. D. Number and Property Legal Description Port St. Lucie, City of 17 36 40 N 80 Ft of N 1/2 of N 1/2 Less 121 SW Port St Lucie Bl d. Dunn Rd and St James Drive R/w's and less Port St. Lucie, Fl 3498 that part of· I - Florida Power and Light C 17 36 40 S 1/2 of N 1/2 of N 1/2 less PO Box 1400 Road R/W for St. James Drive (73. 72AC) I Juno Beach, FL 33408~0420 (OR 198-1040) I . . I . . . . . . . I NOTE: ATTACH ADDITIONAL SHEETS AS NECESSARY. '-' ...",; EXHIBIT "E" Owner Name and Address II Tax 1. D. Number and Property Legal Description . City of Port St. Lucie 083640 S 120 ft. of Settion-Less Dunn Road and Less St. James Drive and 121 SW Port St. Lucie Blvd Less that part of Canal C-l06 MPD Port St. Lucie, FL 34984 City of Port St. Lucie Port St. Lucie Section 43 Tract X (11.91 AC) (map 34117N) OR 535- 121 SW Port St. Lucie Blvd 2341 Port St. Lucie, FL 34984 . (list of abutting property owners) ~ .."" EXHIBIT "F- " - (Consent letter rrom affected utility company) CONSENT OF INTERESTED OR AFFECTED UTILITYIDRAINAGE ENTITY DATE 3/24/05 Adelphia UTILITY COMPANY 1495 NW Britt Road ADDRESS Stuart, FL 34994 CITY, STATE ZIP RE: Petition to Abandon/Vacate (Description of Petition Site enclosed) To Whom It May Concern: Please consider this letter as our request for a LETTER OF NO OBJECTION to the abandonment of the above referenced site. Enclosed for your review is a copy of the sketch and description of the site proposed to be abandoned. A self- addressed envelope is also enclosed for your reply. If you have any questions or ifI may be of further assistance, please contact me at 772-226-2200 Thank you for your assistance in this matter. Ene. Petition site sketch and description. 61l O(c4'tI lOner or agent) ,,' .~. l AI..JD '<. \5 t\o ~~ -""\ïi~S",\íl~ (OA~T ********************************************************************************************* Consent as requested X Consent with the following conditions: Consent Refused Date: L.¡ k /05 I I ~ ...,; EXHIBIT "F- " - (Consent letter from affected utility company) CONSENT OF INTERESTED OR AFFECTED UTILITYIDRAINAGE ENTITY DATE 3/24/05 BellSouth UTILITY COMPANY 3300 Okeechobee Road ADDRESS Fort Pierce, FL 34947 CITY, STATE ZIP RE: Petition to Abandon/Vacate (Description of Petition Site enclosed) To Whom It May Concern: Please consider this letter as our request for a LETTER OF NO OBJECTION to the abandonment of the above referenced site. Enclosed for your review is a copy of the sketch and description of the site proposed to be abandoned. A self- addressed envelope is also enclosed for your reply. If you have any questions or if I may be of further assistance, please contact me at 772-226-2200 Thank you for your assistance in this matter. Sincerely, ********************************* Consent as requested . /' '"& L O\Z4c.I. \/. (>. LA0 \) ¿'ß ~ÇY <:::~~<Io£':; Cb'4S1 Ene. Petitton site sketch and description. ***************************************************** Consent with the following conditions: Consent Refused iWlMQ~ ~uthorized Representative Date: 4/51 Zðò S '-"' ...,¡ EXHIBIT "F - " (Consent letter from affected utility company) CONSENT OF INTERESTED OR AFFECTED UTILITYIDRAINAGE ENTITY DATE 3/24/05 Florida Power & Light UTILITY COMPANY 1050 SE Brandon Circle ADDRESS Port St. Lucie, FL 34952 CITY, STATE ZIP RE: Petition to AbandonNacate (Description of Petition Site enclosed) To Whom It May Concern: Please consider this letter as our request for a LETTER OF NO OBJECTION to the abandonment of the above referenced site. Enclosed for your review is a copy of the sketch and description of the site proposed to be abandoned. A self- addressed envelope is also enclosed for your reply. If you have any questions or if! may be of further assistance, please contact me at 772-226-2200 Thank you for your assistance in this matter. Ene. Petition site sketch and description. L ð fl.a.6-i r or agent) ,/.~. l A....li) ~5 ~<11.:;;--ç¡(~Ar'.l.¡L¡;- GDr\-i\ ********************************************************************************************* Consent as requested v Consent with the following conditions: NtJl (N C LI.A PI N Gí fC-PL l"~SMI5Sïo^ &)~T Consent Refused HL Date: '3{';)ulos '-" "WI EXHIBIT "F - " (Consent letter from affected utility company) CONSENT OF INTERESTED OR AFFECTED UTILITYIDRAINAGE ENTITY DATE 3/24/05 Port Sf. Lucie Utility Systems Department UTILITY CO:MPANY 900 SE Ogden Lane ADDRESS Port Sf. Lucie, Florida 34983 CITY, STATE ZIP RE: Petition to AbandonNacate (Description of Petition Site enclosed) To Whom It May Concern: Please consider this letter as our request for a LETTER OF NO OBJECTION to the abandonment of the above referenced site. Enclosed for your review is a copy of the sketch and description of the site proposed to be abandoned. A self- addressed envelope is also enclosed for your reply. If you have any questions or if! may be of further assistance, please contact me at 772-226-2200 Thank you for your assistance in this matter. Sincerely, Ene. Petition site sketch and description. ~ L u-z-.Ç '\.1. P. '- ~.J\) .~ ß .~ Iffi:;" ~ Ilc-A~tt~ tOiUT ********************************************************************************************* Consent as requested L/ Consent with the following conditions: Consent Refused ~~ Date: ~ - '1\- e- s ~ ....,I EXHIBIT "G" Proof of ownership ofpeti.tion site or adjacent benefiting property '-' ....., ùw~NNE HOLMAN, CLERK OF THE CIRCUIl uùU~. SAINT LUCIE C~ FilB Number: 2493169 OR BOOK 2085 PAGE 2176 Recorded:10/27/04 13:22 Pr~oarcd by and ro6tIrn te;.- RICHARD J. DUNGEY ~ FOX, WACKEEN, DUNGEY, SWEET, BEARD, SCJBEL-& McCLUSKEY, L.L.P. J 100 South ¡¡'ederal Eighway Stuart, FL 34994 771.-287-4444 File Number. SD04S0J Will Call No.: ~ Doc Assurop: $ * Doc Tax $ * In t Tax $ 0.00 33,880.00 0.00 , I 1 \ \ \ [Sp."" Abo,e This Liac FOI' R=n:lrn& DIlI.1 Special 'Varrahty Deed· This Special Warranty Deed mlld~ chis 22nd day of Or.tober, 2004 between SDG ST JAMES, INC., a Florida corporation whose post office address is 2849 SW 42ad Avenue, Palm City, FL 3499iJ, grantor, and KAUFMAN CAPIT AL CORPORATION, a Cn j(ornia corporntion whose post office address Ls P.O. Bo~ 2990, Basalt, CO 81621, grantee: (Wh"""".r u..d ha.l. the lenns granlor and ;raola: 'oelude.1I the ~.rtiC5 10 Ihi. inslnm,,:nl pnd tbe hein. I",DI represenlolives, and lWigns ofi.dividuols. IInd (be SUt;C~ors tL11d ~gns ofcorpor1riOfU, trusts and tJuiaCC5) Witnesseth, that said grantor, for and in considel1ltÎ(Jn of the sum TEN AND NOlI 00 DOLLARS (. i1 0.00) and other good and vnlunble considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bar¡:ained, and sold to the said grantee, IIJ1d grantee's heirs and assigns forever, the followmg- described land, situate, lying and being. in SainI Lucie County, Florid., to-wit: See Exhibit "A" attached hereto and made a pnrt l>ereof as if fully set forth lurejn. Pared iòentin",¡¡lolI Number: 3417-UZ-01HH-OOO/l SUBJECT TO re.stricJions, reservations and c:tSemenls of record, if any. but this provision .hall Dot operute to ...impose the same, and tuxes and assessments subseqo<:nt to 2000. Togelher with all the [enemenlS, hereditaments and appurtenances. thereto belonging or in anywise appertaining. To Have :¡nd to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee (bat the grantor is lawfully seized of said land in fee simp[e; that the grunler has good right and lawful autbority to sell and COrlvey said land; that the grantor hereby fully warrants the litle to said land and will defend the same against the lawful claims ofaJl persons claiming by, through or lIJ1der grantor. ~M{ /tJ Wi¡£~ OoublaTlm... '-' '-.I OR BOOK 2065 PAGE 2177 In Witness Whereof, gIBntO[ m..s hereW110 see grantors hand and seal the day and year fim aboye written. Signed, sealed and delivered in our presence.: w;.ft¿~~ I 0~1V-' ~ Witness Name: r "no. YH n rn· ¡::;QcJ-JI(j (Corpornte StmJ) Sl;¡le of Florida County of Martin The foregoing instrument WBS acknowledgerl ~fore me this21nd day of Octnber, 2004 by BRET SOVEREt, President of SDG ST JANŒS, me., a Florida corporntion, on behalf of the corporation. Hc:/she U is pcr:sanally known to me or [X) has prod"'''' , ",,",,', Ii=, ~ ;d""''''ri= /2 11. () øI1 ...._____ (Notary Se.>I] Notary ~. ~ y RlCIWIO J. DI.lNGEY II MY coi.iI.llSSIOt! f GG 9],959 Jl' EXP1RES: J",1Iaf'/ :111, 2005 .....T1II\I¡.jaWf'Pubk~.. Printed N EIII1e; RIŒAID J. DUNGEY My Conunission Expires: Spcr:iøl WnrrrrllJl Deed· P:lgc: J Doublellm.... ~ ,..."" . . -. --~. .... ". OR BOOK 2085 PAGE 2178 EXHIBIT "A" (D et:d) A P ARCa OF LAND LYING eN SECTIONS 17 & 18, TOWNSHIP 36 SOUill, RANGE 4{ EAST, CITY OF PORT ST. LUCIE. ST. LUCIE COUNTY, FLORIDA, BEING MORE P ARTIC!Jl.ARL Y DESCRIBED AS FOLLOWS~ Beginning at the SQutbc:a.st Cümcr of the Plat of ST. lAMES GOLF CLUB, as recurd¡:d in Plat Boole 38. at Pages 4, 4A through 4F, indu.sive, of the PubIic Rce¡¡n:!s orst. Lucie ÛJunty, FJoods; thcna: North 41"29'03" East, along the east line: o[said ...p'J~.l_ dùtanCð of 149.83 feet 10 Ii point of curve 10 the left having .!I r.ulius of tlJ90.pQ;fcct and .!I ca¡tmI angle of 19°02'09"; lIu:nc:c northeasterly iUong the arc of uid CutVc, and along tM ezst line of said plat, a distnncc of 5] 4.97 feet; then~ North 22"26'54" &st, aloog!be caat line of said plat, .a di¡¡~ of 42,3! feet to a point on the south line ofCanaJ c..l06, rc(cm:d 10 8:i Pam:IW2" ofExb.ilJit "C.2''. as recorded in OfficW Record Boole 754, at ~c 807 oflhe Public Rcœrds ofS!. Lucie Coun!)', Flori<;!a; thence North 89°44'33" ·wl., along the: ia!d æuth !in,", ¡¡ ÚÌ5Ïa.."1~ of t+~~§'Jlfect Îú a. P'JÎnI ot] the west right-<>f-way linc afSlJarncs Drive. as ra:onfcd in Official Record Boole 795, lit Page 1648 of the Public Records of St. Lucie County, Florida; thence South ()()<'(9'2S" Ea.sl. along the said west right-üf-way, a ilislancc 0£9O.48 fo::t 10 a point of curve 10 the left haYing a radius of 1,575.00 leet and a CáItnU angJc of 10°13'20"; Ihence southerly lIong th~ arc of said CUIY1:; md along the 5lÙd west right-of-way, II distance of28LOO feet 10 a Point on ~c west right-<lf-way line ofSI.JI1l1]C3 Drivc.;u rccarded in Official Ra:ords Book 255. a! PBg~ 2017 of the Public RCCDrch of SL Lucie. County, Florida; ilience Soulh 00" 19'31" East, along the s:tid west right-of-way, II. distancc- of2 ¡.110 feet to a point on the north lioc of the' Florida Power &: Light Company Parcel, as recordc;d in Official Record Book 19B, at Page ¡04Q ofr:hc Public Records ofSl Lucie County, Florida; thence South 89"43'14" West, along lhc sajd nanh line, a distance of 3,404.75 feet; thence Soutl¡ 89°44'24" West, along the said north line; a distance of 256.82 (cct to the POoo Of BEGINNING. Page 1 of 2 ~ ....,¡ EXIDBIT "A II 'LESS AND EXCEPr: .-' ,.,.,","- LEGAl DESCRIPTION: {¢~:0~\¡R i,:~·~:::., .' " - , . >' ' \J ._'~.~{( ,- tt~ OF l).NQ. LYING IN SECTIONS T 7 &: 18 , TOWNSHIP 36 SOUTH, RANJ5i(:.. ~ "<'_~'~~'¿' P¡~UI' .~LY Do:: CPòRTR B£D ST. WCIE, ST. LUCIE COUNTY, flORIDA, BEiNG MORE :';0 ~"_. : ,_,!/.~,/ ~ <- ....'II'-...............¡ AS FOUOWS' ~\ ;:, " íl ':1"' r,.. :.: . t U , . "'j .r.::,@ . ' .. c6 "( '..,,; .~~ I.J ~mma1'\C~ .at the. South.aft. comer of the Plcl of ST. JAMES GOlf CLUB ~'(~.., _~_) ~~.~" ~ rt'COrd If'! Plat 800k 38, at Pages. 4, -4A through 4F, Inclu"i\l!: of ' · Public R~orrh af Sl lucia County, FlC1rlda; u'1!~e North -4-1'29'OJ- Earl, Dlon~ tN eoat lIne of lold plat, c dJ.tanca of 80,-+2 feet to the ~ '¢: P~NT Of EGJNN!NG; lhenc. North -f. '29'OJ-· Ecs~ along u,,, east Hne :::::: o J<lld prat, a d¡.tanc4 of 69.-4' fo.,t to a point ofctJrv!! ta the left "" a hav1nç 0 rodftJ. of ,550,00 feet end .ø central onçht of 19"02'09-; thence i5 6: nO,rth&olSt.erJy O/Oi1Q \he arc of ,ard curve. and alonq the ~c~t lin~ of $ g sold piat, a dl3tanctI 01 51-4-,97 fut:· th.m:e North 22'26'5-4- Eo't Ii:"';:::;: t; tN ec~t IInlt of said plat, a distance of ~2.J1 fe"t to a point .~~ ~~~:'. ~ ~ J!¥ !South !In. of Canal ,C-106, rðferrad to as Pare:J! -2·of EXhibit -C-2-, iè! ,'j i~ j ~ ~Olrded In Officlcl Rec:~rd Book 75<4-, .at Pa~-e ~07 of the Public RS~~'r~.~~.-= . ~ c~, F'/orfda, tt1enc. North ~-4 3J East, along the =foid5 _~:. ~ ;§ lOUt/¡ ~n!, a dnstnnca of J5-+.26 fltGl; thencs SQuth 00'15'45- East., 133 ¡~ '::3 ~s ~ dfst?OCð of 52-4.27 ftlat: thsnc! ~uth 89".+.3'1 +" West, a dbtaoce of CI} ,; ;5?~ <2: .q 7~Oð f~: thence South 89"' 4'¡"H - West. 0 distcCice of 203 27 f ea! to - ~ th~ POINT OF BEGINNING. . , :¿' .< -' Co ~. - :" ~ ... . . . "'':''1. CJ = IÆSSJ;J:iJu JQ.~ .L': .. . r:r:J CJ a 7<: A PARCEL OF LAND BEING A POR1l0N OF THEN0RTIiEAST 14 OF SEC1l0N 17, TOWNSHIP 36 SOUTH. RANGE 40 EAST OF ST. LUCIE COUNTY FLORIDA. BEING MORE . PARTlCULARLRY DESCRIBER BY METES AND BOUNDS AS FOLLOWS: , N o CD U1 ëJ :r> Ül IT! I':J !-" -..J -.0 COMMENCE AT THEINTERSECTlON OF -mE WESTERlY RIGHT OF WAY LINE OF ST, JAMES DRIVE AS Dç:SCRIBED IN OFFlCIAL RECORDS 8001< 255 AT PAGE 2017 Wl.1H TIiE NORTHERLY RIGHT OF WAY LINE OF THE: FLORJDA PO\'ER AND LIGHT EASEMENT'AS .: ',OESÇR18ÊO IN ·OFFICIAL RECROS BOOK 198, AT 'PAGE 1040 OF mE P-UBUC RECORDS OF ST. LUCIE COUNT'( FLORIDA; 1HENCE N0019'13'W ALONG SAID. WEST RIGHT OF WAY LINE , FOR 100.00 FEET TO mE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL: THENCE sa9'+3'3f'.w, A DISTANCE OF 213.92 FEET; 1HENCE..N0016'2SnW. A DISTANcE OF 483.2.3 FEET; THENCE N89-4-' .'4S"E. A DISTANCE OF 1B8.5+ FEET TO AN INTERSECTlON WITH THE LANDS DESCRIBED IN omCIAL RECORDS "BOOK 79;S AT PAGE 1648 OF THE PUBLIC RECORDS OF 51.LUCIE COUNTY, FLORIDA; THENCE AlONG THE WESTERLY LlM¡-T OF SAID LANDS FOR THE FOLLOWING TWO (2) COURSES: (1) THENCE S0019'11"E, A DISTANCE OF 90.48, FEET TO A POINT OF CUR\lA1URE WITH THE ARC OF A CIRCULAR CURVE TO THE ·tEFT HAVING P\ RADltISOF 1,575.00 FEET AND' A CENtRÁL ÄNGLÊ'''õ"F:' ·1·013;'26ñ; .. (Z)THENCE SOUTHERLY ¡l,LONG THE ARC OF SAJD CURVE FOR 281.00 FEET TO A POINT OF INTERSEC1l0N WITH THE WESTR!GHT OF WAY LINE 'OF ST. JAMES DRIVE AS DESCRIBED IN OFflCIAL RECORDS BooK 255 AT PAGE 2017; THENCE SOO"í9'13nE. A DISTANCE OF 113.20 FEET TO THE POINT OF BEGINNING. ' .... .' .... Page 2 of 2 '-" ...., EXHIBIT "H" Certification of taxes paid on petition site or adJ acent benefiting property VUU .IJa, ~03, \..l'A, \..ul'UIò.. .~ ST. LUCIE COUNTY TAX COLLECTOR ,.... -'~' ~_'H" '-;'O;~;~F ~;~~~O;;M'~~~;S AND NON.AD VALO~ASSESSMENTS . .. . ' SDG St James lnc 2849 SW 42~d Ave Palm City.FL 34990 ol.ln·y -'clr",S '::ì Co Public T~ansit MSTU E~osion Dist~ict E Envi~on Siqnif Land Bond Law Enf.Jail.Judicial Sy. Co General Revenue Fund St Lucie County Port Bond Childrens Service Council St Lucie Co Fire Dist~ict FL Inland Navigation Dist l'1osql..li to Contr'o 1 City of Po~t St Lucie School Non-voted Cap Imp School Voted Capital Imp School Req Lac Ef/Disc~et S FLWate~ Mqmt District 17 :36S·<¡OE 17/18 36 40 THAT PART OF SECS 17 AND 18 MPDAF: BEG SE COR OF ST JAMES GOLF CLUB S/DCPB 38-4). TN N 41 29 03 E ALG E LI OF SID 80.42 FT. TH N 89 44 24 E 203.27 CONTINUED ON TAX ROLL s . " ,:. . / ':'08 'j',\ Z:':ll: 48 289. :35 7.680.04 9.548.09 "55.56 906.24 6.4:':16.5::( . 89.12 638.19 10.856.18 4.629.60 42l.29 14..192.04 1.61:3.JI1 . L.,...I .0900 .1000 .1250 :':1.:':1178 4.1248 .0240 . :39l5 2.7806 .0:385 ..2757 4.6899 2.0000 .1820 6.1:HO .6970 Port st Lucie stormwater ¿::I.¿J./tJ OREM ASSESSMENT . . Impr'v/i'lain't, 105 Per' EfW ALL TAXES BECOME DELINQUENT APRIL 1ST. COMBINED TAXES AND ASSESSMENTS I'IAY 2~ 72.09::1.4 NON-AD VALOREM ASSESSMENTS $11 ,,608. EI.O $69.982.95 PAY ONLY ONE AMOUNT S~e reverse side for 1m ortant Information. .. ... .. .. ... .. .. ... ... .. ~ .. .. Bob Davis, C/''\,CGFO,CI'C ST.lUCIE COUNTY TAX COlLECTOft DUF'LIC?ITE 2004 FŒAL ESTATE NOTICE OF AD VALOREM TAXES AND NON.AD VALOREM ASSESSMENTS -------- .. .. .. . .. .. .. - .. .. .. .. .. .. .. .. .. ... .. ~ìDG st c.lc\ßH?S r n c 2849 SW 42nd Ave Palm Citv.FL 34990 17 368 AOE 17/18 36 40 THAT PART OF SECS 17 AND lB MPDAF: BEG SE COR OF ST JAMES GOLF CLUB S/DCPB 38-4). TH N 41 29 03 E ALG E LI OF SID 80.42 FTJ TH N 89 44 24 E 203.27 CONTINUEu ON TAX ROLL PAY IN U.S. FUNOS TO BOB DAVIS, TAX COLLECTOR' P.O. IIOX 300 . FT. PIERCE, FL 34954-0308 ',.:':'.' ...) 05/09/05 PERIOD 7 03-20050509-001495 $72'j 09:3. 44 C~( RETAIN THIS PORTION FOR YOUR RECORDS PLEASE PAY ONLY ONE AMOUNT SHOWN IN YELLOW SHADED AREA AMOUNT DUE ) - IF ~~ID \\HH, .'-' '-' EXHIBIT "I" Resolution of Abandonment by Municipality (Only if petition site is within a municipality) ORDINÅL~CE o4-ê 6 ....,¡ COUNG U1E~1 S / DATE 71/1./ tJ Y GOUNCIlITEM 10 j DATE 6/ 2 8 / 0 <1 ~\ C I'-<- \r<': <-~I AN ORDJNANCE AMENDING THE ZONING OF PROPERTY LOCATED WEST OF ST. JAMES DRIVE, SOUTH OF THE C-I06 CANAL, AND NORTH OF THE FLORIDA POWER AND LJGHT . PROPERTY FROM PLANNED UNIT DEVELOPMENT (PUD) ZONING FOR DEVELOPMENT KNOWN AS CHURCH IN THE PARK TO PLANNJill UNlT DEVELOPMENT (PUD) ZONING FOR DEVELOpMENT KNOWN AS PINE TRACE; PROVIDING FOR APPROVAL AND ADOPTION OF A CONCEPTU.4.L DEVELOPJ'Y.ŒNT PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, United Management Services, Inc., hereinafter rererred to as the Applicant, seeks to amend the PlaDned Unit DeveJopmen1 (Ppl)) zoning fOT property Ioca1ed west of Se James Drive and south of the. C-l 06 caœJ, and north ofllie Florida Power and Light property and within tbe City of Port Bt. Lucie; and WHEREAS, the City ofPart St. Lucie 1'lanrring and Zoning Board held a public bearing on the 71b day of June, 2004 to consider the rezoning application (1'04-134), notice Qf said hearing to adjoining property owners fur a radius of three-hundred (300) fed having been given and Eldvertising of public near:i:og havin.,g been made; and WHEREAS, the City COUDcil held !I public hearing on the 12th day of July, 2004 to cODSider the r=ning application (P04-134), advertisiog of the public hearing baving been made;· and WHEREAS, the subject property is such a size to permit its desjgn and development as a cohesive 1II1Ît fulfilling tht.: purpo.se of a 1'00 District; and P04-lJ~ - Pine Tr.1ce POO 1 of 4 --,. \.of ::f:k f"( "-oL.- ---- ..., 1\-<=-<-"-.-1 ORDJNANCE /)4_86 WHEREAS, the subject property is located so as to provide suitable access without generating traffic along minor streets in residential areas; and WHEREAS, the proposed PUD zoning is consistent with all applicable elements oftbe City's adopted Cornp:rcbens:ÎYe Plan; and W.B:EREAS, the subject property is suitable for development in the proposed ffiR?ller without hazard to persons or property on or off,the subject site from thI: possibility of flooding, erosion or other dangers, annoyances or incünveniences; and WHEREAS, a conceptual development plan has been submitted consistent wÏt:h the requirements of Section 158.170, et seq., Port St. Lucie City Code; and WHEREAS, the standards fur internal PUD design. as set forth in Section 158.170, et scq., Port S1. Lucie City Code, will be complied with at the time of final development approval; and .. NOW, THEREFORE, THE CITY OF PORT ST. LUCIE HEREBY ORDAINS: Section L That the described property located west of St. James Drive, south of the C-I06 Cana~ and north of the Florida Power and Light propt:rty, more particularly described by the'legal description attached to the staff report, shaH modify the Planned Unit Development (PUD) zoning subject to the following· conditions: PM-I34 - Pine Trace PUD 2 of 4 - '-" ....,¡ ORDINANCE 04- 86 1. At the rim;: of recording the FiDaJ Subdivision Plat; a). The applicaIIt shall dedicate a one acre utility site to the City. b). The IIpplicant shaU demcat:: to the City a 100-foot wide street Óght-of-way that rLll1S in an east-west direction along the south side 'of the property as shown in tbe PUD document. c). Tbe applicant shall provide documentation from the County that indicates that the applicant has addressed tbe cost or need for landscaping the mediar¡ that is located within St JamesDrÎVe aDd located directly in front-oftbe subject parcel. 2. Prior 10 obtaining final approval from the City Council on any Site Plan, the approved Final Subdivision Plat shall be recorded. 3, Irrigation systems shall be required to accept gray water when it becowes available. 4. Dunn Road sbaJI be vacated at the time of subdivision. pillt approval for any property that contains the Dunn Road right-of-way. 5. This project is not vested for compliance with the Design Standards. Compliance with the Design StB.Ddards shall be determined at the time of Site Plan Review. Section 2. That this Ordinance shall become effective ten (10) days after City Council approvaL P04-134 - P[no Tncc 1'00 3 of 4 .. _'e, .,,__.___ ~ .." ORDINANCE 04- 8 6 PASSED AND APPROVED by the City CmmciJ oftbe City of Port SL . ...- Ih Lucie,_ ,Fl(Jrida~~'12 day of July, 2004. . . :$~it~;'~t~~~~", . :, C E )'t'T ~ ~ .. ~: J' \- 'ß. .: . .... J ~ f -l ':.,. ô I ..:...... ATTEST: ¡~. \ ~ '. ~~J2~ Karcll A. Phillips, City C crk CITY COUNCIL CITY OF PORT ST. LUCIE APPROVED AS TO FORM: BY'~ Ro, ' Orr, ~ Artornq P04-1J 4 - Pine Tra<:c POO 4 of 4 '-' ~ EXHIBIT If J" Petitioner's statement in support of granting petition '-' ...",¡ December 2, 2004 City ofF art St Lucie Planning Department 121 S.W Port St Lucie Blvd Port St Lucie, FL 34984 (772) 871-5225 To whom it may conceÌn: We hereby authorize Wùliam A. Orazi, Director of Land Development, KB Home Treasure Coast Division LLC to act as our authorized agent on the project located in Port St. Lucie known as Pille Trace. Tb~. ...~ Curtis Kaufinan President Kau:fi:nan Capital Corporation, a California corporation .-. .."J II January 17,2005 Subject: Pine Trace - Dunn Road Abandonment To whom it may concern, Wr:; are in support; of this peti . 0 abandon the Dunn Road right-of-way within the project boundaries. azi Land KB Home 8075 20th Street Vera Beach, FL 32966 (772) 226-2212 borazi(@kbhome.com KB HOlo!E .. a07> 20TH STREET, VERO BEACH. FL 32966 TEL 7722262200 FAX 172 2119 Q244 KBHO"'E..COM '-' ...." EXHIBIT "K" (proof of Publication of Notice of Intent to File a Petition for Abandonment) A ÞORTION .oF THE ONE HUNDRED FODT{100'1 RIGHTDFWAYFORj, DUNN ROAD LYING IN,'- S,ECHDN .17.·TOWN·, SHIP 36SDUTH,..RANGE 40 EAST,)\S ,HEÇORDEG: IN DEEl'r,WOK,201 AT' PAGE 03,. PUBlIÇ, Ro.·.. CORDS OF ST:¡;UC1E"·;·. NOTICE OF ABANDONMEN fr?~N~'b~~LOpRÁ~~ll& LARLY·lòESCRIBED 'BY METES 'AN'D·BOLtNDS : r~OLLOWS., ., CÓM~M~NCING'ÄT 'T~~;l SOÚlHEASJ 'CQRNE'F\"' .·o'F THE:P.,.i¿A!J;i,OFßS¡i;,,,,· JA M ESG,O P', ACCORDJI'I ,.~. 'P.~/I·T THÊ1'IE J ~l~f,TE~¡~¡,.¡.,..BU BL Ic,,1 '~ECOROS:OF.$T. LUGII, , r COUNTY' "FLQ'R IDÄ'~'1 . fH Eti!Ç'E,:N8~,; I;ì.e" (m" 44'41;'E"'·.ADI'j)TMfCE' , ... OF, is:{.g'Û,.Ù,o'T··. ! THENCÉ'N8!J"idi!íJi~~';, ·i , 43'3FE,,;A,.DISTANC.E'.' OF.1,264'82 FEE;¡·'1'ü'>A ":, POINT· ON THE v;-EST' \ Ef!tY.' RIG... HT.'·...GP. '-WAY. " LINE ·:OFsAID,DU .". RGAD, AND HIE OF;B E·'G I:N'I'I .,p:'. THENCE NOOD e'es' 13'1 O"W-' ALONG .SAID WESTERLY'RIGHT;'QF. . WAY lINE,.Ä DISTANCE OF 583,98 'FEE.T:. TO A, POiNT,OF"THES,(WTH. ERLY RIGHT .oF WAY LINE FOR CANALe·106;: THENCEN89 Degrees· 44'50".E, ALONG SAiD SOUTHE.RLY RIGHT. OF WAY LINE. A DISTAffCE OF 100,0~ FEET· TO k POINT ON THE EASTER·· 'LY RIGHT OF WAY· LINE OF SAID DUNN ROAD;- THENCE SOO Degrees' 13:10".E, ALONG SAID WESTERLY RIGHT OF WAY LINE: A DISTANCE o F 5' B' 3 ,9 4 FEE T ; THE~CË-.S89 'Ùegr~. 43'31"W,.k DISTANCE' .oF 100.00 'FEET TO THE! ' POINT OF:BEGINNING. CON T A·IN I N G 0$,396 SOUARE· FEET OR 1.34 ACHES; MORE OR LESS,. SUSJECTTO ANY/ALL EAsEMENTS, RESERVA· TlONS, OEDICATIEJNSr OR RESTRICTIONS. ! .. \.c:;RIPP~ TREASURE COAST NEWSPAPERS Fort Pierce Tribune 600 Edwards Road, Fort Pierce, FL 34982 AFFIDAVIT OF PUBLICATION ~A~ III SCRIPPS HOWARD STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared, S Darlene Mailing, who on oath says that she IS Classified Inside Sales Manager of the Fort Pierce Tribune, a daily newspaper published at Fori Pierce rn S1. Lucie County, Florida: that the atlached copy of adverlisement was publshed in the Fort Pierce Tribune rn the following issues below. Affiant further says that the said Fort Pierce Tribune is a newspaper published in Fort Pierce, in said S1. Lucie County, Florida, and that said newspaper has heretofore been continÙously published in said St Lucie County, Florida. daily and distributed in SL Lucie County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount. rebate. commission or refund for the purpose of securing this advertisement for publication in the said newspaper, The Fort Pierce Tribune has been entered as Periodical Matter at the Post Offices In ~011 Pierce, St. Lucie County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement Ad Pub Customer Number Date CoPvline KB HOMES 957340 2/24/2005 NOTICE OF ABANDONMENT KB HOMES 3/3/2005 po# Subscribed and sworn to me before this date: March 03, 2005 ~D r~" [E ~ ~,[E ~ I~t II!1J l I Ii I Treasure Coast .s. 'J:rWLJl!iJL ~ Õ Jv{ ~) r~ (¡f)~~ . Notary Publiq . ",..;w·,.~_ ....\,~.ÿltl'~...." _,MARY T. BYRNE /m\ Notar(,PuÞljc - State at AOIida ~. . Ë My CommissO:1 ExpJes Aug 2, 200!1 %çM ~~ Commmiuion , DD13280~ .'4'..\tr,;f.,.... Bonded By Nati011aJ Notary Alsn, ....., a109 NÓTlCE TQ W,¡,¡PMi/$M:Þ;Y· '6Q1\KJEffi·riJ:' , , i du ~yj 1.1'- 't,lte, ,.r\Ot~c,e_. ~w~t'; in aeeor'eànee~\h,th~. provisjo-I'S of. Seotlq,ns.'., 177, io'-':-,:~a~. 'a~fPt.6~ 336,a9:-:anCY·~J36. HJ;fl()n- . da,Statutes¡ ':as amênd·' I ed/and St>lucie',Co,~nty Lan dDe v'e I o'p·:n\:enf' , Cope:Sec.tib~_1 t ,1 0,Ö1' et.seq.;,Kàulmàn,ë·apital. . Co'rp q r a.tto-,~ i¡:I rite nds' ;:to_' ~ . file a petìtion requesting': that the S¡,· Lucie· Counly·· Boa rd'oPCo 0 ~ty'·C\"'nc;.. I mjssio:íie'rs'_-:''cl'ås,e:~ va~\.. ~.¡,1ie 1,_,:a'rJ'~ ')bal1~,O'n ,.t~·~t r portïD.n_"ot- D:u'0.-n ,Ro-a,d her,einafter 'desc;:ti-b-ed-, a'nd -~ef1òunce and.dis· èlaim· ,ny· right of SI Lu- cie CountY andqheþub· lie,in ,~ndtötheJaÌ1ds lye ìOg. wHhin:,__t.~.-at::p"prti,ön ; n~~~~~d ~otJ~~t'~,Òj:~~i~idS;; ~ _ I , ~escrlbed as f~~laws. j~' -, LEGAL'DESCRIPTION I Publish: February 24, Mar~h 3, 2005 907340 ., 1'J~ ------- ....- '-' ...",¡ Agenda Request Item Number: Meeting Date: _ 80 JUly 1"', 2005 Consent Regular Public Hearing Leg. [ ] [ ] [ X ] [X] Quasi-JD [ To: Submitted By: Board of County Commissioners Growth Management /Þ-ø¡jì;Š;~dZ Assistant County Administrator St. Lucie County is proposing to amend the text of the Transportation Element of the Comprehensive Plan to add language to recognize the Florida Scenic Highway Program. SUBJECT: BACKGROUND: S1. Lucie County staffs along with representatives from other local agencies and a group of interested citizens have been working through the Department of Transportation's application process to receive Florida Scenic Highway designation for SR A 1 A and part of Indian River Drive. After requests from interested citizens, the S1. Lucie County Community Development Department (now the Growth Management Department) initiated the Plan amendment process. It is required by the Florida Department of Transportation that this amendment be adopted into the Comprehensive Plan in order to qualify for the designation. FUNDS AVAILABLE: N/A PREVIOUS ACTION: At the Local Planning Agency (LPA) meeting on June 16, 2005, LPA voted 6-0 to recommend that the County Commission transmit the amendment. Staff recommends that the Board of County Commissioners transmit the amendment to the Florida Department of Community Affairs to be included in St. Lucie County's Comprehensive Plan. RECOMMENDATION: CXJ APPROVED D OTHER CJ DENIED Approved 5-0 NCE: COMMISSION ACTION: uglas M. Anderson County Administrator Coordination/ Signatures County Attorney Finance: Environ. Resources; 0V '\'" Mgt. & Budget: Fire Dept: Utility: Purchasing: Public Works: Other: . '-" """ Board of County Commissioners: 07/12/05 File Number CPTA-05-001 MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO: Board of County Commissioners FROM: David P. Kelly, Planning Manager DATE: July 5, 2005 SUBJECT: Application of St. Lucie County to amend the text of the Transportation Element of the Comprehensive Plan BACKGROUND St. Lucie County is proposing to amend the text of the Transportation Element of the Comprehensive Plan to add language to recognize the Florida Scenic Highway Program. EXPLANATION OF THE FLORIDA SCENIC HIGHWAY PROGRAM The mission of the Florida Department of Transportation's Scenic Highway Program is to "preserve, maintain, protect and enhance the intrinsic resource of scenic corridors through a sustainable balance of conservation and land use. Through community-based consensus and partnerships, the program will promote economic prosperity and broaden the traveler's overall recreation and educational experience." (Florida Scenic Highway Program Manual 1-3) CORRIDORS DESIGNATED BY THE STATE The following corridors have been designated by Florida Department of Transportation as Scenic Highways: Pensacola Scenic Bluffs Highway, the Tamiami Trail Scenic Highway, Indian River Lagoon Scenic Highway, Bradenton Beach Scenic Highway, Old Florida Heritage Highway, A1A Ocean Shore Scenic Highway, A1A River to Sea Trail Scenic Highway and the Florida Keys Scenic Highway. LOCATION OF PROPOSED INDIAN RIVER SCENIC HIGHWAY IN THE TREASURE COAST: The proposed Scenic Highway begins on State Road A1A at the Indian River/St. Lucie County line. It continues south across the north causeway to US 1. At US 1 the corridor turns left and heads south to Seaway Drive. At Seaway Drive the corridor turns left. From Seaway Drive there are two options: continue east and follow State Road A 1A south to Martin County or turn right and head south on Indian River Drive to Martin County. The entire corridor is 42.13 miles. The "" -....I July 5, 2005 Page 2 Petition: 51. Lucie County File Number: CPTA-05-001 proposed scenic highway is not the same as the existing scenic highway located in Brevard County. REASONS FOR THE REQUEST TO AMEND THE TEXT After requests from interested citizens, the St. Lucie County Community Development Department (now the Growth Management Department) initiated the Plan amendment process. It is required by the Florida Department of Transportation that this amendment be adopted into the Comprehensive Plan in order to qualify for the designation. BENEFITS OF DESIGNATION OF A SCENIC HIGHWAY · Resource Protection -- Resource protection is the primary benefit of designating a Florida Scenic Highway. The program recognizes six resources: historic, cultural, archaeological, natural, scenic and recreational. Designation provides the opportunity to preserve, enhance and maintain corridor resources and ensure that these resources remain for future generations to enjoy. · Community Recoqnition - Designation can have a positive effect on tourism and the promotion of the community and region as a tourist destination. Recognition will come from the inclusion of the corridor in statewide maps and promotional materials, such as brochures and travel guides. The posting of official Florida Scenic Highways logo signs along the designated highways will identify the corridors as 'special places' with important resources worth experiencing and studying. · Economic DevelopmenUTourism - One of the most tangible benefits from designation is the opportunity for economic development/tourism. Currently, millions of tourists vacation in Florida each year, many arriving or traveling by car. Scenic highways offer these visitors alternative, out-of-the-way routes to travel throughout the State. Florida residents also create revenue when traveling through the State. Demand for travel industry related services, such as recreational tours, lodging and restaurants will likely increase, promoting economic growth. · Communitv Vision - Designation also contributes to the development of a community vision. This planning approach focuses on guiding principles and the identify of a particular community. A scenic highway designation can complement and support a community vision by instilling a sense of community pride and the scenic highway itself can become the central focus for community development. · Partnerinq - The opportunity for partnering among stakeholders along a corridor is also one of the benefits of a scenic highway designation. ELIGIBLE APPLICANTS Any citizen, group of citizens or local government can propose a corridor for designation, but the Program does require that all applications be submitted through a Corridor Advocacy Group. Membership of the Corridor Advocacy Group includes individuals and groups who support the designation both in principle and through hands-on work. *********************************************************************************************************** ~ -....I July 5, 2005 Page 3 Petition: S1. Lucie County File Number: CPTA-05-001 PROPOSED AMENDMENT LANGUAGE The proposed text amendment is shown in the attachment. The underlined language is proposed to be added to the Transportation Element of the St. Lucie County Comprehensive Plan. ********************************************************************************************************** STAFF FINDINGS **********************************************************************.********************************* Any proposed amendment to the St. Lucie County Comprehensive Plan may be reviewed by several state and regional agencies. The State Department of Community Affairs, which is identified by Chapter 163, Florida Statutes (FS) as the "Land Planning Agency" for the state, has the responsibility to determine if proposed amendments are consistent with and further the St. Lucie County Comprehensive Plan, the State Comprehensive Plan, the Strategic Regional Policy Plan and Chapter 163, FS. The St. Lucie County Local Planning Agency (LPA), which is the Planning and Zoning Board, has the responsibility according to subsection 163.3174(4}(a), FS, to "make recommendations to the governing body regarding the adoption or amendment" of the Comprehensive Plan. ****************************************************************************************************** CONSISTENCY WITH THE ST. LUCIE COUNTY COMPREHENSIVE PLAN In reviewing this application for a proposed amendment to the 5t. Lucie County Comprehensive Plan, staff finds that the following Goals, Objectives, and Policies of the County Comprehensive Plan are applicable to this petition. FUTURE LAND USE ELEMENT The proposed amendment supports and furthers the following Goals, Objectives and Policies: GOAL 1.1: ENSURE THE HIGHEST QUALITY LIVING ENVIRONMENT POSSIBLE, THROUGH A MIXTURE OF LAND USES REFLECTING THE NEEDS AND DESIRES OF THE LOCAL RESIDENTS AND HOW THEY WANT THEIR COMMUNITY TO DEVELOP. THE GOAL SHALL BE IMPLEMENTED BY STRICTLY ENFORCED BUILDING, ZONING AND DEVELOPMENT CODES BASED ON OBJECTIVES AND POLICIES THAT WILL ENHANCE ST. LUCIE COUNTY'S NATURAL AND MAN-MADE RESOURCES WHILE MINIMIZING ANY DAMAGE OR THREAT OF DEGRADATION TO THE HEALTH, SAFETY AND WELFARE OF THE COUNTY'S CITIZENS, NATIVE WILDLIFE AND ENVIRONMENT, THROUGH INCOMPATIBLE LAND USES. Objective 1.1.2: Provide in the land development regulations provIsions for a compatible and coordinated land use pattern which establishes agriculture as the primary use outside of the urban service boundary and promotes retention of agricultural activities, preserves natural resources and maintains native vegetative habitats. TRANSPORTATION ELEMENT The proposed amendment supports and furthers the following Goals, Objectives and Policies: '-' ...".1 July 5, 2005 Page 4 Petition: St. Lucie County File Number: CPTA-05-001 GOAL 2.4: COORDINATE TRANSPORTATION-RELATED ISSUES WITH THE PLANS AND PROGRAMS OF THE FLORIDA DEPARTMENT OF TRANSPORTATION, THE TREASURE COAST REGIONAL PLANNING COUNCIL, THE ST. LUCIE METROPOLITAN PLANNING ORGANIZATION, FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE HUTCHINSON ISLAND RESOURCE MANAGEMENT PLAN, ADJACENT MUNICIPALITIES, ADJACENT COUNTIES, AND OTHER PRIVATE TRANSPORTATION-RELATED AGENCIES. HOUSING ELEMENT The proposed amendment has been determined not to conflict with this element. INFRASTRUCTURE ELEMENT · Sanitary Sewer Sub-Element The proposed amendment has been determined not to conflict with this sub-element. · Solid Waste Sub-Element The proposed amendment has been determined not to conflict with this sub-element. · Drainage and Aquifer Recharge Sub-Element The proposed amendment has been determined not to conflict with this sub-element. · Potable Water Sub-Element The proposed amendment has been determined not to conflict with this sub-element. COASTAL MANAGEMENT ELEMENT The proposed amendment supports and furthers the following Goals, Objectives and Policies: Policy 7.1.1.6: The County shall provide eco-tourism opportunities within the coastal area in a manner that does not degrade or reduce the long-term viability of the functions and values of coastal waters and adjacent uplands. Lands purchased through federal, state and local natural resource protection programs shall provide public access and recreational improvements in a manner that minimizes impacts to the natural areas and does not compromise the long term viability of the protected resources. CONSERVATION ELEMENT The proposed amendment supports and furthers the following Goal:. GOAL 8.1: THE NATURAL RESOURCES OF ST. LUCIE COUNTY SHALL BE PROTECTED, APPROPRIATELY USED, OR CONSERVED IN A MANNER WHICH MAXIMIZES THEIR FUNCTION, AND VALUES. '-' ..., July 5, 2005 Page 5 Petition: 81. Lucie County File Number: CPTA-05-001 RECREATION AND OPEN SPACE ELEMENT The proposed amendment supports and furthers the following Objective and Policy: OBJECTIVE 9.1.5: DEVELOP AND IMPLEMENT STRATEGIES TO ENCOURAGE ECO- TOURISM IN ST. LUCIE COUNTY. POLICY 9.1.5.1: IDENTIFY APPROPRIATE SITES TO DEVELOP AS ECO·TOURISM DESTINATIONS. INTERGOVERNMENTAL COORDINATION ELEMENT The proposed amendment has been determined not to conflict with this element. CAPITAL IMPROVEMENT ELEMENT The proposed amendment has been determined not to conflict with this element. ECONOMIC DEVELOPMENT ELEMENT The proposed amendment supports and furthers the following Policy: Policy 12.4.2.3: Develop ecotourism opportunities to help extend the tourist season in St. Lucie County, help sustain large areas of open space, preserve natural habitat, discourage sprawling, low density development and broaden the economic base. ************************************************************************************************************ CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN The proposed amendment and supports the following goals and policies that apply to this petition: TOURISM 187.201(23), Florida Statutes (FS) (b) Policies: 3. Promote awareness of historic places and cultural and historic activities. ************************************************************************************************************* CONSISTENCY WITH THE REGIONAL COMPREHENSIVE POLICY PLAN The proposed amendment furthers and supports the following Regional Strategies and Policies: Strategy 3.3.1: Maintain and improve existing features which are attributes to the attraction of tourists. '-' "Wi' July 5, 2005 Page 6 Petition: St. Lucie County File Number: CPT A-05-001 Policy 3.3.1.1: Protect the Region's natural resources and countryside to ensure their continued existence for the benefit and enjoyment of future generations. Policy 3.3.1.2: Protect and, where appropriate, adaptively reuse the Region's historic sites and buildings to preserve its heritage, promote economic development, enhance quality of life, and add to the tourist experience. Sites and buildings should be restored using appropriate State and federal guidelines. Policy 3.3.1.3: Support local initiatives to preserve the Region's art, architecture, natural heritage and cultural heritage. Policy 3.3.1.4: Beautify and landscape major transportation corridors to promote the image and natural beauty of the Region. Strategy 3.3.2: Initiate marketing efforts and seek new opportunities to promote tourism. Policy 3.3.2.1: Market the Region as a vacation destination with multiple outdoor recreation and natural amenity resources, historic sites, cultural activities and facilities. ***************************************************************.************************************** CONCLUSION Based upon the information provided staff has found the proposed text change to be consistent with the Goals. Objectives and Policies as set forth in the County's Comprehensive Plan. Staff also finds that the proposed amendment supports and furthers the State Comprehensive Plan and the Strategic Regional Policy Plan. Staff recommends that the Board of County Commissioners transmit this application to the State Department of Community Affairs for consideration as an amendment to the County Comprehensive Plan. Attachment cc: County Administrator County Attorney File '-" ..."" AGENDA ITEM 1: LAND DEVELOPMENT CODE AMENDMENT-ORD-05-023: Karen Butcher, County Bicycle Pedestrian Coordinator, presented this item. This item is a proposed text amendment to the Transportation Element ofthe Comprehensive Plan. Chairman Grande intervened asking if the Board needs to vote on deferring the other item. Ms. Young stated that the other item was pulled. She asked Ms. Butcher if she had sought a date as to when it will be reviewed. Ms. Butcher replied, no. Ms. Young reiterated that a date had not been sought. She continued stating that they will re-advertise the item. She concluded that it will not be at the July meeting; however, it may be in the August meeting. Ms. Butcher started over stating that the item that is being presented is a text amendment to the Transportation Element of the Comprehensive Plan. She added that it recognizes language to identify Scenic Highway. Ms. Butcher continued stating that the County along with numerous citizens and other agency Staff has been working for approximately two years to receive Scenic Highway designation for State Road AlA and a segment of Indian River Dr. She added that visible manifestation can be viewed on the screen. Ms. Butcher stated that the request is to add language to the Transportation Element identifying the Scenic Highway Corridor. She also stated that it is a perimeter that is done through the Florida Department of Transportation. The purpose of the Scenic Highway Program is to preserve, maintain and enhance architectural, historical, cultural, recreational and scenic resources that St. Lucie County has. She concluded stating that the text amendment is a requirement of the DOT application in order for the State to designate them as having a Florida Scenic Highway. Ms. Butcher stated that Staff is requesting a recommendation to forward to the Board of County Commissioners. Ms. Butcher finished stating that she will be happy to answer further questions. Chairman Grande asked if anyone had any questions of Staff before the public hearing is opened. Mr. Lounds asked if roads could later be added on, in other designated Scenic Highway areas, to the subject area without a lot of added Staff or Commissioners problems. Ms. Butcher replied that a separate application would be done because of the new roadway. She also stated that they would then have to again come before the local planning agency and Board of County Commissioners with another text amendment 6 '-, .....,I recognizing that Corridor as well. Ms. Butcher concluded that the process is a two-part application process. The first process that they had to go through had the State to determine whether or not if they were eligible if they met their basic criteria. The second part ofthe process was their ability to come up with a plan regarding their purpose. Their purpose goes far in detail as to how their committee has really taken the stands of preserving and maintaining things. Preservation includes removal of exotics, adding bicycle and pedestrian paths, potential traffic calming and things of that nature. Ms. Hammer questioned Ms. Butcher in regards to the fourth line on page two, under "Benefits and Community Recognition." She said that it states, "The posting of official Florida Scenic Highways Logs Signs along designated highways." She asked what the log signs are. Ms. Butcher explained that the log signs are logo signs, and she added that the misprint was actually a typo. She continued stating that DOT provides special signs to the county that identify the road as a Florida Scenic Highway and those wil1 be put up by DOT every three to five miles along the corridor so that those traveling will be able to recognize that they are on a special road. Ms. Hammer replied okay, and she added that she thought that it was something that she did not know. Mr. Lounds asked for clarifications regarding information in the packets initiating that they are privileged to have two Scenic Roads in the County. Ms. Butcher clarified stating, no it is not privileged to have two Scenic roads in the county. She added that they are only looking at Stated Road AlA and Indian River Drive as one complete corridor, which is the way that the county has identified it. Mr. Lounds reiterates asking if the roads will not be two separate steps. Ms. Butcher replied right and she added that they have gone forward with it as being one application. Mr. Hearn inquired of clarification regarding which of the roads were the subject roads. Ms. Butcher clarified that it is both roads. Mr. Hearn asked how the total amounts of miles calculated are. Ms. Butcher stated that they calculate the miles beginning at the Indian River County line on State Road AlA. It comes down the North Beach and goes across the Causeway. She added that US I is included because it is the only connection to the South Causeway. They continue to calculate the mileage down to the Martin County line and then Indian Rive Drive is included from Seaway Drive South to the Martin County line which comes up to just over forty-two miles. 7 , . , '-' ...", Mr. Hearn asked ifthe calculation was based on an accumulative total. Ms. Butcher replied correct. Chairman Grande opened the public hearing. Chairman Grande closed the public hearing. Ms. Hammer made a motion to approve. She stated, "after considering the testimony presented during the public hearing, including Staff comments, she hereby moves that the local planning agency of the S1. Lucie County recommend that the St. Lucie County Board of County Commissioners grant approval to the application of St. Lucie County for a change to the text of the Transportation Element as shown on the attached exhibit, because it will be an attribute and help to our community and something that we can be very proud of." Ms. Morgan seconds the motion. Chairman Grande asked if there was any discussion and called for the roll call. Mr. Hearn stated yes. Mr. Lounds stated yes. Mr. Knapp stated yes. Mr. Grande stated yes. Ms. Hammer stated yes. Ms. Morgan stated yes. Chairman Grande stated that the application will be sent to the county commissions with a unanimous recommendation for approval. He felt it unfair to make a comment before the voting was done. He stated that he sits on the committee and he commented stating that a super job was done on the project. Ms. Butcher replied thank you very much. 8 "'~ "" "'s "'~i " ¿, Scenic Highway (St. Lucie County, Florida) I' · · & & . · · ! · · · . ! · ~ ~ s I hdl'lll \ \, \ '\ · · \'" · · · · i .... · ~ ! \'" ~ ~ -.- '--, ,.. .. Legend . ~ ¡ D j ! 'SI,L... .1nI Indian River Drive SR A-1-A ...... """ ", .".. '.-----. '''~1' ; '. . ~~~ -Ir ... -.... " \\ " \, , . I \,.: ~I: /~" / '\\.,.\\ ..j: '\ ! )v. ~;.. ~ ~/ .. i t /" ", .", ~\ .- .- '-·...L ..# ~~,--'-- '\.1 -,'- I ...."". . ..~ <JI!1":;.----.- "\ \ 1 ~i..... I/'.-t--.'- /,r' ~--r"./.j .. ):.>.:"- .',; v' ..' j -'. ~ /~\ / .. '!.. /"~' /1/ ,../ \//- ~- '-', /' \~ . -·-'r I ".-:111 MIÞa'(Rd -y ~ ~ '\> ~. (' w.~ s ~, \"'1 ~ -'';i . '" , ~ i I' \ ! ' i\¡ 1 ~ ..,..,.,t> - \"1(. '~q ,.......,/ ....."! ~ .~/ "I" ð\. ~l,l' "t\... ~r .._~ . I ~¿ hi ...L- "Î ~-;. "'" \- . r" ,,~. I ~ \ \'-(r ~";IIii~II..MI ,)¡. r'¡' ~ I, '., : '.. ~"~- "",'" "~f" tAJ.' . 01 '\\, = 'J ~ ).; --.. .~ \ \ \ ~ I', '\ ! '. \'\,6. '\ .of g.; " \" ...., '\ \ 1:\ \ .,;t" /'\.. ~ ., \\~t. \, 1/ ~u i...---';\ I \:.-~ \ \ð! ... tf/ f")f T-á'''f" I \, I "-~. ~ .... f" \, \~ ... '14 't t~tI" l ""'" ~ ,~+ \ \~_~~L_. ~-.-:.J. \ \, \ ---?-.o:.._ >....-..> .\.... ' )il( r \ , ~... IIWd ~...~ ~\--! ./1// -' .... " --_¡c. /'---'_.. \-~->Þ--)4 J! / .¡ \,'" ' -·--·i----,~,· \ /' "\'~ (-j \ ¡;' ., J \ ( "C..·\..!:~ ,_ ..... \. \, :... "( \. \ I . ;........~y.---._-~ . ~ \" .....\, \... :~ \ '. ., t, \. " ',. r--" --.. "\ I \\ .""" \" ..1,~;.t' '--¡t. \ " I _....--.' \..-:): " " ..---'..¡-.- ~& ' - ------~, \\. ~ ~ r- ,,\-. \ 'I ~J \ \ ~ o (' lI> II' '\> o I 1 2 I I I Miles 3 I I ./) C,..- ¿~~--.4::'~ ,/f.~,. .,~r-;...,-. ~o) ..r~Vfl;r"~ (.r""v-t'-.'7'¥~~ GIS ,r ~ ~ ~ - ~ '...I Agenda Request Item Number: Meeting Date: 6E- July 12, 2005 Consent Regular Public Hearing Leg. [ ] [ ] [ ] [ X ] Quasi-JD [ To: Submitted By: Board of County Commissioners Growth Management idJ¡!1/~~tp7; Assistant County Administrator Consider a privately submitted amendment to the Future Land Use Plan Map (FLUP), requested by Jeffrey Freedman, to change land use designation of a 40 acre parcel located on east side of S. Kings Highway, north of and adjacent to Ft. Pierce Jai Alai fronton, from Commercial (COM) land use to Residential Medium (RM) land use (maximum 9 units per gross acre). (File Number: PA-05-001) SUBJECT: BACKGROUND: . Applicant's reasons for request: Provide housing for Research and Education Park workers that cannot be provided on that site; County has sufficient Commercial acreage in area. . Staff findings: Change in land use may create conflict between Research and Education Park and proposed residential; eliminating this Commercial land will decrease inventory of Commercial land in close proximity to Research and Education Parle FUNDS AVAilABLE: N/A PREVIOUS ACTION: At the local Planning Agency (LPA) meeting on June 16, 2005, LPA voted 4-2 to recommend that the County Commission not transmit the amendment. Staff recommends that the SOCC not transmit the amendment. RECOMMENDATION: COMMISSION ACTION: 00 APPROVED D DENIED D OTHER Continue to October 4, soon thereafter that it 2005 at 6:00 p.m. or as may be heard. uglas M. Anderso County Administrator Coordinationl Signatures County Attorney L Mgt. & Budget: Finance: Fire Dept: Environ. Resources; ~ Utility: Purchasing: Public Works: Other: '-" ..,.I Board of County Commissioners: July 12, 2005 File Number PA-05-001 MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO: Board of County Commissioners FROM: David P. Kelly, Planning Manager DATE: June 30, 2005 SUBJECT: Application of Jeffrey Freedman for a Change in Future Land Use Designation from COM (Commercial) to RM (Residential Medium) LOCATION: East side of South Kings Highway, north of and adjacent to the Fort Pierce Jai Alai fronton CURRENT FUTURE LAND USE DESIGNATION: COM (Commercial) PROPOSED FUTURE LAND DESIGNATION: RM (Residential Medium) EXISTING ZONING: AG-1 (Agricultural- 1 du/ac) RM-9 (Residential, Multiple Family- 9) PROPOSED ZONING: PARCEL SIZE: 40 acres PROPOSED USE: Multi-Family Housing SURROUNDING FUTURE LAND USE DESIGNATIONS: COM (Commercial) to the south and north. RS (Residential Suburban - 2 du/ac) to the west. RU (Residential Urban - 5 du/ac) to the east. '-' ...., June 30, 2005 Page 2 Petition: Jeffrey Freedman File Number: PA-05-001 SURROUNDING ZONING DESIGNATIONS: AG (Agriculture - 1 du/ac) to north. AR-1 (Agricultural, Residential- 1 du/ac) to the west. RS-2 (Residential, Single Family - 2 du/ac) to the east. CG (Commercial, General) to the south SURROUNDING EXISTING LAND USES: The land located to the north contains agricultural uses, such as ornamentals. Lands to the west are owned by St. Lucie County. Lands to the south contain the Fort Pierce Jai Ala operation. Lands to the east contain groves in the north and acreage not zoned for agricultural use in the south. UTILITY SERVICE: The subject property is within the Fort Pierce Utilities Authority Service Area. A 12" water line is located east of the site. Eight inch lines are located to the north of the site, on Orange Avenue, and to the south of the site, on Samba Street TRANSPORTATION IMPACTS: RIGHT-Of-WAY ADEQUACY: SCHEDULED IMPROVEMENTS: The existing r-o-w width along Kings Highway varies from 50 to 60 feet. A Kings HighwaylOrange Avenue intersection improvement project is in the 2025 Long Range Transportation Plan. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. ***************************************************************************************************** A future land use amendment is not regarded as a development order as defined in Florida Statutes and does not imply that any specific development scenario can occur on the property. No right to obtain a final development order, or any other rights to develop the subject property are granted or implied by the County if the requested Comprehensive Plan amendment is approved. Analysis of potential impacts at the land use amendment stage is undertaken to determine if other portions of the Comprehensive Plan need to be revised as a result of approval of the land use amendment. Concurrency rights cannot be considered at the land use amendment stage because actual projects proceeding toward a final development order will enter the development review process between the time that a land use amendment is under consideration for approval and a final project is brought forward to use that approved land use amendment. Prior to the issuance of any final development order, the developer must demonstrate that all public facilities are available to service the parcel and obtain a Certificate of Capacity. ............................................................................... '-' ....; June 30, 2005 Page 3 Petition: Jeffrey Freedman File Number: PA-05-001 DATA AND ANALYSIS BACKGROUND The applicant is requesting a change in the Future Land Use designation of the 40 acre subject property (containing two parcels) from Commercial (COM) to Residential Medium (RM). The Future Land Use Element states that this land use designation "is intended to accommodate all commercial zoning districts identified under St. Lucie County's Land Development Regulations. Office and general retail uses are considered the principal uses within the COM designated areas." The Future Land Use designations of lands abutting the subject property are summarized above and shown on the attached map entitled "Land Use", which also shows the future land use designations within ~ mile of the subject site. The existing use of the subject property is citrus grove, but is not being maintained or operated as such. The existing uses of lands abutting the subject property is summarized above, and also shown on the attached "Existing Use Map". *********************************************************************************************************** APPLICANT PROPOSAL AND REASONS FOR REQUEST The applicant requests a land use amendment to Residential Medium (RM) land use, which allows a density of up to 9 dwelling units per gross acre. The total acreage for which the application is submitted is 40 acres, which could yield a maximum of 360 dwelling units. The applicant provides the following reasons for the request: 1. The applicant states that there are currently approximately 100 acres of vacant or underutilized lands lying between Orange Avenue and the Fort Pierce City limits to the south that are designated as COM (Commercial) under the County's Plan (excluding the 40 acres in this petition), and those lands could allow for development of more than 2 million square feet of commercial space. An additional 1 million or more square feet of commercial floor area could be developed on lands with MXD (Mixed Use- Medium Intensity and Mixed Use - High Intensity) on the south side of the intersection of Orange Avenue and Kings Highway. The applicant contends that there is sufficient land with COM (Commercial) designation within this area that the loss of 40 acres will not result in a population that is underserved by retail facilities. 2. The applicant states that lands to the southwest of the subject site, with the SD (Special District - St. Lucie County Education and Research Park) will most likely be developed in concert with lands directly west of the subject property that presently has an RS (Residential Suburban - 2 du/ac) designation. The large Research and Education Park will feature outdoor biotechnology research with 'test plots' for agricultural products, and because of the nature of this facility, residential encroachments to the test plots are restricted. The applicant proposes the amendment to the subject site in order to provide a location for housing for workers who will be attracted to employment in the Research and Education Park, since such housing cannot be provided on the site of the Research Park itself. '-' ...., June 30, 2005 Page 4 Petition: Jeffrey Freedman File Number: PA-05-001 The applicant also identified Goals, Objectives and Policies of the Comprehensive Plan with which the application is consistent and that apply to this petition, including Future Land Use Goal 1.1, and Objective 1.1.7, Policy 1.1.7.1, Policy 1.1.8.7, Policy 1.1.8.8; Transportation Element Objective 2.1.3; Housing Element Objectives 5.1.1 and 5.1.2, as well as Policies 5.1.1.1 and 5.1.2.2. ............................................................................... STAFF FINDINGS 1. Staff examined the compatibility of this proposal with the language of Future Land Use Element Policy 1.1.5.3, which states the following: When considering any amendment to the Future Land Use Maps of the County's Comprehensive Plan, the County Commission shall make the following findings, supported by the other elements of this Plan, prior to taking any actions granting an individual amendment to the Future Land Use Maps: 1. That the property under land use amendment application is adjacent to, or no more than Y4 mile of the same or greater type of land use classification. 2. That the property under land use amendment consideration lies within the Five Year Capital Improvement Program of the Water and Wastewater Master Plan for St. Lucie County or otherwise meets the requirements of Policy 1.1.5.4. A strict examination of land use designations that are within % mile of the subject property does locate lands at the outer northern boundary of the % mile circumference that have MXD Mixed Use designation, which can allow a greater density than that requested in this petition. However, there are several other considerations. One is that the lands to the west and southwest are limited in density to a maximum of 5 dwelling units per acre. The applicant has indicated that, if the petition is granted, a Planned Unit Development (PUD) site plan would be submitted. Due to the planned Research and Education Park to the west and southwest of the subject property, which the applicant has confirmed is not directly compatible with residential uses, much of the density proposed for the subject parcel would most likely need to be shifted toward the lower density lands to the west and southwest of the subject parcel. The other concern is the potential conflict between the petition and the Research and Education Park itself. Significant amounts of public funds will be invested in the Research and Education Park in order to both generate the higher paying jobs that are desired for the County's economic base in future (consistent with the Economic Development Element of the County's Comprehensive Plan), and to sustain the County's existing agricultural base by identifying advanced agricultural techniques. Any potential conflicts between this activity and closely located residential lands (such as odor, noise caused by mechanical harvesting machines, transport of heavy machinery and the like) should be avoided in much the same way that a local government should avoid allowing residential development to approach a local airport. 2. In addition, staff notes that the applicant has concluded that Commercial land use is not needed at this location, because of the availability of vacant commercial land within the area located between Orange Avenue and the City of Fort Pierce. However, this particular Commercial site is located in close proximity to the future Research and Education Park, and could serve as a site for a range of support activities for the ...... .....I June 30, 2005 Page 5 Petition: Jeffrey Freedman File Number: PA-05-001 Research Park. Conversion of this land to a residential land use may mean that private industry desiring to sell needed services or products to the Research Park in future is forced to look for additional Commercial land that is less favorably located. ******************************************************************************************************** Any proposed amendment to the St. Lucie County Comprehensive Plan may be reviewed by several state and regional agencies. The State Department of Community Affairs, which is identified by Chapter 163, Florida Statutes (FS) as the "Land Planning Agency" for the state, has the responsibility to determine if proposed amendments are consistent with and further the St. Lucie County Comprehensive Plan, the State Comprehensive Plan, the Strategic Regional Policy Plan and Chapter 163, FS. The St. Lucie County Local Planning Agency (LPA), which is the Planning and Zoning Board, has the responsibility according to subsection 163.3174(4)(a), FS, to "make recommendations to the governing body regarding the adoption or amendment" of the Comprehensive Plan. ****************************************************************************************************** CONSISTENCY WITH THE ST. LUCIE COUNTY COMPREHENSIVE PLAN In reviewing this application for a proposed amendment to the St. Lucie County Future Land Use Map, staff finds that the following Goals, Objectives, and Policies of the County Comprehensive Plan are applicable to this petition. FUTURE LAND USE ELEMENT Due to concerns regarding the ability of this petition to support and further the intent of the first point under Policy 1.1.5.3 and with Objective 1.1.8, the petition is found to conflict with this Element overall. OBJECTIVE 1.1.5: In coordination with the other elements of this plan, future development within the Planned Urban Service Area shall be directed to areas where urban and community services/facilities can be provided in the most efficient and compact manner so as to discourage the proliferation of urban sprawl. The proposed amendment does direct residential development activities into areas of the county already serviced, at least in part, with urban services such as water and sewer, pursuant to this Objective. However, the potential for conflicts between residential traffic at this location and the anticipated type of traffic of the Research and Education Park may call for unanticipated roadway improvements in future. Additional research would be needed to make this determination. The applicant did provide Transportation Summary data to compare the number of trips potentially generated by the site with its current Land Use designation and the number of trips potentially generated by the requested designation, but the Transportation Summary did not include information about the potential trips from the Research and Education Park. Although the plans for the Research and Education Park are not complete, the Park has been an anticipated project for some time, and any proposed land use change or development proposal accessing Kings Highway does need to consider estimated traffic from this project as a 'given' in determining potential impacts of a new proposal. The applicant has recognized the existence of the park through his intention to provide housing for its employees, but has not included the park's traffic in his analysis. '-' ..J June 30, 2005 Page 6 Petition: Jeffrey Freedman File Number: PA-05-001 Policy 1.1.5.3: When considering any amendment to the Future Land Use Maps of the County's Comprehensive Plan, the County Commission shall make the following findings, supported by the other elements of this Plan, prior to taking any approval actions granting an individual amendment to the Future Land Use Maps: 1. That the property under a land use amendment application is adjacent to, or within no more than % mile of the same or greater type of land use classification. As noted in Staff Findings, above, there is concern about the compatibility of this proposed use both with the future Research and Education Park, and with lower density residential lands to the east. 2. That the property under land use amendment consideration lies within the Five Year Capital Improvement Program of the Water and Wastewater Master Plan for St. Lucie County or otherwise meets the requirements of Policy 1.1.5.4. As noted above, the property is within the service area of the Fort Pierce Utility Authority and can receive service upon formal submission of a project application to the Authority. Objective 1.1.8: Property owners in easements, their quality of life and the single family neighborhood, as a defined residential area, shall be protected from the encroachment of commercial and/or other inappropriate land uses through consistent and predictable application of the Land Development Regulations. As noted above in Staff Findings, the applicant indicates that a Planned Unit Development would be submitted if the amendment were approved. However, due to needs to buffer the residential units in this subject site from potential impacts generated by the Research and Education Park, there is a potential for additional density to be located toward the western portion of the subject site. Such a distribution of density may create an inappropriate impact on the RU (Residential Urban - 5 du/ac) lands to the east of the subject site. TRANSPORTATION ELEMENT A future land use amendment is not regarded as a development order as defined in Florida Statutes and does not imply that any specific development scenario can occur on the property. No right to obtain a final development order, or any other rights to develop the subject property are granted or implied by the County if the requested Comprehensive Plan amendment is approved. Analysis of potential impacts at the land use amendment stage is undertaken to determine if other portions of the Comprehensive Plan need to be revised as a result of approval of the land use amendment. Concurrency rights cannot be considered at the land use amendment stage because actual projects proceeding toward a final development order will enter the development review process between the time that a land use amendment is under consideration for approval and a final project is brought forward to use that approved land use amendment. Prior to the issuance of any final development order, the developer must demonstrate that all public facilities are available to service the parcel and obtain a Certificate of Capacity. ............................................................................... Based on the data submitted, it cannot be determined if the proposed amendment supports and furthers the goals. objectives and policies of this element. ~ ....,.¡ June 30, 2005 Page 7 Petition: Jeffrey Freedman File Number: PA-05-001 Policy 2.1.1: The 51. Lucie County transportation system shall be reviewed in coordination with any requested changes to the Future Land use Element or other related component of this plan. A report on the impacts to the system brought about by any proposed land use changes shall be prepared and presented to the Board of County Commissioners as part of the review of that Land Use change. The applicant provided a Transportation Summary for the proposal, estimating the trips associated with the maximum potential development for the current Future Land Use designation, and for the proposed Future Land Use designation as developed with single family homes. The Transportation Summary showed that for the approximately 870,000 square feet of commercial use that could be developed on the subject site, the daily trips for a shopping center could be 37,358. For an average of a variety of 'superstore/big box' commercial, the daily trips could be 30,435. Peak hour pm trips for a shopping center could be 3,263, and peak hour pm trips for the averaged 'big box' store could be 3,750. For 360 single family detached dwellings, the average daily trip calculation showed 3,445 trips, and the peak hour (pm) trip count was 367. Therefore, for a single family development, trips would be reduced from that which could be permitted with the current land use designation of Commercial. As noted above, the Transportation Summary did not address the potential for conflict between the types of trips likely to be generated by and attracted to the Education and Research Park, and the trips from the proposed land use amendment. In addition, because the proposed land use amendment is for a Residential Multi-Family land use designation, trips from a multi-family land use would also need to be examined. 51. Lucie Metropolitan Planning Organization review The St. Lucie Metropolitan Planning Organization (MPO) staff reviewed the proposed Land Use amendment and noted that it is not in conflict with the MPO's adopted 2025 Long Range Transportation Plan. (Please see attached letter from the St. Lucie Metropolitan Planning Organization.) HOUSING ELEMENT The proposed amendment has been determined to conflict with this element. The Housing Element data and analysis indicated that the 754 acres of vacant land available for multi-family housing was sufficient to accommodate needs projected to the year 2020. Based on this analysis, the following Housing Policy was adopted: Policy 5.1.1.1: To provide sufficient land to meet the future housing needs, the Future Land Use Map has designated 1,868 acres to accommodate 9,340 new single-family dwelling units and 754 acres to accommodate a minimum of 6,786 new multifamily dwelling units. 'w ...,.I June 30, 2005 Page 8 Petition: Jeffrey Freedman File Number: PA-05-001 If the proposed amendment is adopted, the State Department of Community Affairs may find that the St. Lucie County Comprehensive Plan is intemally inconsistent, which is a violation of subsection 163.3177(2), Florida Statutes, or may require St. Lucie County to revise its Comprehensive Plan and Housing Element in order to demonstrate the need for the additional acreage. INFRASTRUCTURE ELEMENT The applicant has provided documentation that water and sewer service is available. Prior to any Final Development Order for the property the applicant must obtain a Certificate of Capacity, which demonstrates sufficient capacity in these services exists to serve the property. . Sanitary Sewer Sub-Element The proposed amendment has been determined not to conflict with this sub-element. The subject property is within the Fort Pierce Utility Authority's Service area. Prior to any final development order approvals, the applicant would need to demonstrate that sufficient capacity is available to service the project. Sanitary Sewer Sub-element Policy 6D. 1.2.2.: The level of service standard for those areas of the unincorporated County served by Ft. Pierce Utility Authority shall be 380 gallons per capita per day (Ft. Pierce Utilities Authority 1988 Water and Wastewater Master Plan, July 1988). Assuming that the existing future land use designation would yield a maximum of 871,200 square feet of retail floor area (based on the maximum 50% lot coverage allowed in Commercial General zoning district), and that 598 square feet is needed per employee (according to the calculations of the "Fiscal Impact Analysis Model" ["FlAM"] created by Fishkind and Associates for calculating costs and revenues for land use changes), the estimated number of employees for the subject property with its current "Commercial" classification would be 1,457 employees. At a level of service of 380 gallons per capita per day for employee, the resulting daily wastewater flow would be 553,605 gallons. If the amendment is adopted, a maximum of 360 residential units could be built. With a person per household rate of 2.47 (Census 2000), the residential wastewater generation would be 360 units X 2.47 = 889 persons. At a rate of 380 gallons per capita per day, the wastewater generation rate would be 337,820 gallons per day. The total daily demand for wastewater treatment if the amendment is adopted as proposed is estimated to be a lower demand than that generated by the subject site with its current land use designation. . Solid Waste Sub-Element The proposed amendment is not in conflict with this sub-element and would not reduce the Level of Service standards for the County's solid waste facility as set forth by Policy 68.1.1.1. The County's Solid Waste facility currently has a 30-year capacity based upon current usage and does not need to begin assessing disposal options until the year 2015. The level of service specified in Policy 68.1.1.1 is 9.31 pounds per capital per day. \.;' ""'" June 30, 2005 Page 9 Petition: Jeffrey Freedman File Number: PA-05-001 Assuming that the existing future land use designation would yield a maximum of 871,200 square feet of retail floor area (based on the maximum 50% lot coverage allowed in Commercial General zoning district), and that 598 square feet is needed per employee (according to the calculations of the "Fiscal Impact Analysis Model" ["FlAM"] created by Fishkind and Associates for calculating costs and revenues for land use changes), the estimated number of employees for the subject property with its current "Commercial" classification would be 1,457 employees. At a level of service of 9.31 pounds per capita per day for employee, the resulting daily production of solid waste would be estimated at 13,565 pounds per day. If the amendment is adopted as proposed, a maximum of 360 residential units could be built. With a person per household rate of 2.47 (Census 2000), the residential wastewater generation would be 360 units X 2.47 = 889 persons. At a rate of 9.31 pounds per capita per day, the solid waste generation rate would be 8,277 pounds per day. The total daily demand for solid waste capacity if the amendment is adopted as proposed is estimated to be a decrease in demand on the solid waste facilities. . Drainage and Aquifer Recharge Sub-Element The proposed amendment is not inconsistent with this sub-element. In accordance with Objective 6C.1.4.2 of this element, all development will be conditioned on the availability of services necessary to maintain the level of service standards for stormwater set forth in Policy 6C.1.1.2. Objective 6C.3.2 requires development to protect the functions of natural groundwater recharge areas. Prior to development taking place the project will also require an Environmental Resource Permit from the South Florida Water Management District. . Potable Water Sub-Element The proposed amendment has been determined not to conflict with this sub-element. The subject property is within the Fort Pierce Utility Authority's service area. Prior to any Final Development Order approvals, the applicant would be required to demonstrate that sufficient capacity is available to service the project. Potable Water Sub-Element Policy 6A.1.2.2: The level of service standard for those areas of the unincorporated County served by Ft. Pierce Utilities Authority shall be 332 gallons per capita per day (Ft. Pierce Utilities Authority, 1999). Assuming that the existing future land use designation would yield a maximum of 871,200 square feet of retail floor area (based on the maximum 50% lot coverage allowed in Commercial General zoning district), and that 598 square feet is needed per employee (according to the calculations of the "Fiscal Impact Analysis Model" ["FlAM"] created by Fishkind and Associates for calculating costs and revenues for land use changes), the estimated number of employees for the subject property with its current "Commercial" classification would be 1,457 employees. At a level of service of 332 gallons per capita per '-' "" June 30, 2005 Page 10 Petition: Jeffrey Freedman File Number: PA-05-001 day for employee, the resulting daily demand for potable water would be estimated at 483,724 gallons per day. If the amendment is adopted as proposed, a maximum of 360 residential could be built. With a person per household rate of 2.47 (Census 2000), the residential water demand would be 360 units X 2.47 = 889 persons. At a rate of 332 gallons per capita per day, the potable water demand would be 295,148 gallons per day. The total demand for potable water if the amendment is approved is estimated to be less than that of the existing future land use designation. COASTAL MANAGEMENT ELEMENT The proposed amendment has been determined not to conflict with this element. The subject site is not located within the coastal planning area. CONSERVATION ELEMENT The proposed amendment has been determined not to conflict with this element. Goal 8.1: The natural resources of St. Lucie County shall be protected, appropriately used, or conserved in a manner which maximizes their function, and values. The applicant provided a Preliminary Environmental Site review that had been conducted for a much larger land area, including the subject property. Maps included in the Preliminary Environmental Site review indicated that the subject property contains Brazilian Pepper (an exotic species, not a native vegetation) and some pasture land. No adverse impacts on the natural environment are anticipated, as development on this site is not expected to impact the County's natural resources. Policy 8.1.14.1: Requires the identification of Category 1, 11, and II wetlands prior to staff review of all land development proposals, including future land use, zoning, site plan or construction applications. If the land use amendment is approved, a more detailed Environmental Assessment would need to be submitted along with the development proposal, in order to ensure compliance with this Policy. RECREATION AND OPEN SPACE The proposed amendment has been determined not to conflict with this element because of requirements that will ensure that the project will bear its fair share of the cost of providing recreation and open space facilities. The current future land use designation of Commercial does not create a demand for recreational facilities. The proposed amendment will create a demand. Should the amendment be approved, the development would need to pay impact fees in order to ensure that it does not conflict with this amendment. \wi ....", June 30, 2005 Page 11 Petition: Jeffrey Freedman File Number: PA-05-001 The Level of Service for recreational facilities established in the St. Lucie County Comprehensive Plan is contained in Policy 9.1.1.1 of the Recreation and Open Space Element. Recreation and Open Space Policy 9.1.1.1 Level of Service for Recreation and Open Space shall be as follows: · Community Parks: 5 acres/1000 residents in the unincorporated area · Regional parks: 5 acres/1000 residents countywide. If the amendment is adopted, a maximum of 360 dwelling units are proposed. With a person per household rate of 2.47 (Census 2000), the total population for the proposed site is estimated as 889. The standard of 5 acres/1000 population for community parks produces a demand of 4 acres in community park acreage to meet the needs of the proposed residents. According to the information contained in Table 9-1 of the Recreation and Open Space Element of the St. Lucie County Comprehensive Plan, the total community park acreage is 160.3. The projected unincorporated permanent resident population for 2005, according to the Recreation and Open Space Element, is 70,951, which would require a community park total acreage of 354.7 acres in order to meet adopted level of service standards. With the current total acreage, the projected permanent population stands at a level of service of 2.3 acres/1 000. An individual project can only be required to address impacts caused by that project. Recreation and Open Space Policy 9.1.2.2 , which states that the County shall use monies collected from the parks impact fee to acquire additional open space, indicates that the proposed project would also be assessed its fair share of impact fees to ensure progress toward achieving the adopted level of service. According to Table 9-1 of the Recreation and Open Space Element, the County total Regional Park acreage is 7,069 acres. For Regional Parks, the countywide population is used for establishing level of service. The projected 2005 population for the County as cited in this Element is 220,334. This equates to approximately 32 acres per 1000 persons, which is well above the 5 acres per 1000 persons required as the level of service for Regional Parks. INTERGOVERNMENTAL COORDINATION ELEMENT The proposed amendment has been determined not to conflict with this element. CAPITAL IMPROVEMENT ELEMENT The proposed amendment has been determined not to conflict with this element. 11.1.1.28: The County shall continue to require new development to meet level of service standards for both on and off·site improvements, including local streets, water and sewer connection lines, Stormwater management facilities and open space. The applicant of the proposed Future Land Use Amendment has signed a Concurrency Deferral Affidavit that defers the reservation of capacity in public facilities. The Affidavit states "St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the Final Development Order" and that "the issuance of a preliminary development order without a Certificate of Capacity creates no vested or other rights to develop the subject property." A '-' ...., June 30, 2005 Page 12 Petition: Jeffrey Freedman File Number: PA-05-001 Certificate of Capacity will be obtained before the issuance any final development orders for development of this property. Policy 11.1.4: No right to obtain final development order, nor any other rights to develop (B)(3)(b) the subject property have been granted or implied by the County's approval of the preliminary development order without determining the capacity of public facilities. A Certificate of Capacity demonstrating sufficient public facilities are available to support any future development proposal must be obtained before a final development order is issued. ECONOMIC DEVELOPMENT ELEMENT The proposed amendment does not support and further the Goals, Objectives and Policies of this element of the Comprehensive Plan. In particular, the proposed amendment does not support the following Economic Development Policy: Policy 12.2.1.3: Identify locations for and encourage development of economic clusters for business and industry that would benefit from being located near related industries in the area. As noted above in staff findings, the property is located in close proximity to the St. Lucie County Research and Education Park. Should businesses in support of that major public investment effort be needed, a change in land use designation to this site will mean that such businesses will be forced to search for a site that is less immediately accessible. In addition, the location of residential uses in close proximity to the Research and Education Park may result in conflicts with the noise, odors and other activities on the site of the Research and Education Park. ************************************************************************************************************ CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN The proposed amendment does not further or support the following goals and policies that apply to this petition: THE ECONOMY 187.201(21), Florida Statutes (FS) (a) Goal: Florida shall promote an economic climate which provides for economic stability, maximizes job opportunities, and increases per capita income for its residents. (b) Policies: 1. Attract new, job-producing industries, corporate headquarters, distribution and service centers, regional offices and research and development facilities to provide quality employment for the residents of Florida. ************************************************************************************************************* '-' ....., June 30, 2005 Page 13 Petition: Jeffrey Freedman File Number: PA-05-001 CONSISTENCY WITH THE REGIONAL COMPREHENSIVE POLICY PLAN The proposed amendment does not further or support the following goals and policies that apply to this petition: Regional Goal 3.6 Diversification of the year-round economy and establishment of an economic climate that will allow the Region to compete effectively in the global economy. Strategy 3.6.1: Support efforts to diversify the Regional Economy and to make the Region an effective competitor. Policy 3.6.1.1: Local governments should develop areawide land use plans that will increase the opportunities for business and commerce. Policy 3.6.1.2: Recruit desired businesses that would provide year-round employment opportunities Policy 3.6.1.3: Identify locations for and encourage development of economic clusters for business that would benefit from being located near related industries in the Region. Policy 3.8.1.3: Local governments should prepare and adopt economic development elements as part of their comprehensive plans. **************************************************************************************************** CONSISTENCY WITH SCHOOL DISTRICT PLANS Subsection 163.3177, Florida Statutes, requires local governments within the geographic area of a school district to enter into an Interlocal Agreement with the district school board that jointly establishes the specific ways in which plans and processes of the district school board and local government are to be coordinated. St. Lucie County adopted its Interlocal Agreement with the St. Lucie County School Board on October 7, 2003. Pursuant to that Interlocal Agreement, St. Lucie County provides the school board with copies of all petitions proposing land use changes, rezonings and site plans that will increase residential density. A copy of this petition was provided to the school board. Written comments were not received, but a school board representative testified at the Local Planning Agency hearing of June 16, 2005. The school board testimony indicated a concern with potential impacts on capacity of planned schools, and requested that the County not approve the application pending a meeting of the applicant and the school board to identify appropriate mitigation measures. ***************************************************************************************************** CONCLUSION Based upon the information provided staff has found the proposed land use change to be inconsistent with the Goals, Objectives and Policies as set forth in the County's Comprehensive Plan. Staff also finds that the proposed amendment does not support and further the State Comprehensive Plan and the Strategic Regional Policy Plan. The proposed amendment would reduce available vacant land for uses that can support the Research and Education Park, which does not support the policy direction of the Economic Development Element of the \.rt ~ June 30,2005 Page 14 Petition: Jeffrey Freedman File Number: PA-05-001 Comprehensive Plan. The amendment will also place residential uses on land in close proximity to the Research and Education Park, creating potential conflicts between these uses and possible traffic conflicts. Staff recommends that the Board of County Commissioners not transmit this application to the State Department of Community Affairs for consideration as an amendment to the County Comprehensive Plan. Attachment cc: County Administrator County Attorney File '-' ...",,¡ MAPS AND OTHER DATA c: ctI E "'C (1) ~ u. >. ~ (1) ~ , ,,;~¡ j<~:j , ,~ \:, ., t/I §a ~"\ I í'X, z.~ ~ N ! T'"" o o I LO o ëf ~ § 8 tï .01: a:: c .. 'õ .s; . J :g Á Uno::¡ 9êqotpaeltO I,( o o N N N =c a. « ~ tU 0- e! a. a. II! :E ~ c 5 u j ] ;j A petition of Jeffrey reed man for a Change in the Future Land se Classification from COM (Commercial) to RM (Residential Medium). =r- ,---ORANGEAVE - - - - H I u u r- - n PICOS RD ===1 =1 a 0:: ~ (J o 0:: l'""""RE""""" crNTER RD PA 05-001 Legend ~ Subject parcel ~ ~ ~ ~ It' '8- \. ~UL I o~""i'D~ ~ I J C 0:: 0:: ~ J: Z W Q; o (J '-- .,1 C 0:: Q. o o '" \ f--j \ \L ~:R"'7D~ F ~\\ i ~ M \ ~¡ L-~ \ r ffi \ \ ~ r -~ì \ -:f _,0 IU w - Wll.lS IAMillBli-kTI LJJ OIJJ:] íï,- =r:: mTTl =t= _~ARO ~T-:'< t:::1= ---, r--, - Lp= ~ L LJ ~L- ~ GRAHAM RD m w ~ I-' (I) 0:: w I- :¡; --'_/ . - ~ .?C /,n(;.,,-~:- /,r)nn..~-;t ,'.~' GIS __,,~:,_ Map prepared April 22, 2005 - - '-- I-- - N A Land Use Jeffrey Freedman PA 05-001 Subject parcel - 1/4 mile buffer Map prepared April 22, 2005 Existing land Use 8600 8600 PICOS.RD PA 05-001 Je ey Freedman 6999 0000 8600 3400 691;19 Ornamentals, mise. ¡;gri<:ultur¡¡! no! zoned agricultural 51. Lucie County Property Appraiser legend N Subject parcel - acres Map prepared April 22, 2005 Jeffrey Freedman Subject parcel Map prepared April 22, 2005 N A PA 05-001 Legend Indian River County <D <D .a o ,C u ( ) 1:! o St. Lucie County Future Land Use Log.nd CPUB B COM BRIG INO RE PIF RS BT/U RU HIST BRM RH AG·5 DRAFT ""- ~ ST. LUCIE METROPOLITAN PLANNING ORGANIZATION 2300 Virginia Avenue Telephone: 772-462- 1593 Fort Pierce, FL 34982-5652 Facsimile: 772-462-2549 TO: Sheryl Stolzenberg, Planner III Marceia LathfJ1;.po Planner FROM: DATE: April 21, 2005 RE: Future Land Use Amendment Application - East Side of Kings Highway MPO staff has reviewed the East Side of Kings Highway Future Land Use Amendment Application. Based on the submitted land use application, MPO staff notes that the project does not identify construction of major, pub1ic roadways or new lanes on existing roadways, and is therefore found not to be in conflict with the MPO's adopted 2025 Long Range Transportation Plan. In addition, the following comments are provided for the above-referenced project. · Angle Road from Avenue D/Metzger Road to Orange Avenue (SR 68) is identified as a "congested roadway" in the 2025 LRTP (see attached Table 4-5 of the LRTP). · Orange Avenue (SR 68) from Kings Highway (SR 713) to I-95/SR 9 is identified as a "congested roadway" in the 2025 LRTP (see attached Table 4-5 of the LRTP). · Kings Highway (SR 713) from Angle Road to Orange Avenue (SR 68) is identified as a "congested roadway" in the 2025 LRTP (see attached Table 4-5 of the LRTP). · Jenkins Road from Graham Road to Edwards Road is identified as a "congested roadway" in the 2025 LRTP (see attached Table 4-5 of the LRTP). · Okeechobee Road (SR 70) from Jenkins Road to Virginia Avenue is identified as a "congested roadway" in the 2025 LRTP (see attached Table 4-5 of the LRTP). · Angle Road from Metzger Road to Orange A venue (SR 68) is identified in the 2025 LR TP needs plan (see attached Table 4-6 of the LRTP). · Kings Highway (SR 713) from Orange Avenue (SR 68) to Indrio Road (SR 614) is in the 2025 LRTP needs plan (see attached Table 4-6 of the LRTP). Transportation Planning for F1. Pierce, Port 81. Lucie, 81. Lucie Village and 81. Lucie County \w ..." East Kings Hwy FLUA April 21, 2005 Page 2 . Orange Avenue (SR 68) west of Kings Highway (SR 713) to the Okeechobee County line is in the 2025 LRTP needs plan (see attached Table 4-6 of the LRTP). . A Kings Highway (SR 713)/Orange Avenue (SR 68) intersection improvement project is in the 2025 LRTP needs plan (see attached Table 4·6 of the LRIP). Thank you for the opportunity to review this plan amendment. If you have any questions, please do not hesitate to contact me at (772) 462-1593. Attachments (Tables 4-5 and 4-6 of the LRTP) cc (w/o attachment): Lois Bush, FOOT District 4 "" ...., &==:- Vo_ Table 4-5 Transportation Plan 2025 Congested Roadways 5.._ Limita 20%$ Tran. Plan F..lllly VohnnuC.p.dty Ratio F """ T. 13111 Sntcl Avm..D A..,nucO 0.14 51h Snet/5R 615' A_.. D Vireini. Avenue (5R 701 .65· .17 51h SIrcIeI (5R 6151 Vimni. AWIIUC ISR 701 Edwards Road 0.69 125'" SV 51. Jlllles Dr. 5....ler DIi.., AirDlO Blvd. 0.74 Anale Røad . OrIn.. A_uc 'SR 611 A _u. [)I MeI%.er ROId 0.44 !Beeker RDod Southhend Blvd. M.ni. Counrv Line 0.17 ~lSbmere Blvd. 51. Lucie WOSI BMI. Del Rio Blvd. 0.74 Del Rio Blvd. Pøn 51. Lucie Blvd. (SR 716 I C.1i romi. B"'II. 0." Del.....e A_... 25th Slret 'SR 6151 33rd SmeI 1.01 Dela.re A...... I Otb SIr... 131h 5lrCCt 0.75 Edwards Rood Jenkin. Røad S. yjlZ Rood 0.40 Edwards Road Solvi.. Rood 25'" SlI'CCt (CR 61~ 0.41 IIJCI1I DriYC Wesl Vir.ini. Dri.. Port 51. Lucie Blvd. SR 7161 1.04 OfCSIIDri.., Port 51. Lucie Blvd Soutbbend BII'd. 1.62 .llin Blvd. . 1·9S I SR 9 Port St. Lucie Blvd. ISR 7161 0.85 Indrio Rood (SR 614\ Emerson AvClluc rSR 6071 Kin.. Hiehwav (SR 7131 0.75 enkin. Rolli Grah.m Rood Edwards Road 0.50 ltinnHi.h..1V (SR 7131 US I 15R51 Indrio Rood. [SR 6141 0.67 Kinl.Hilh...v (SR 7131 Indrio Rood (5R 6141 51. Lucie Blvd. 073 KinaHiahwa. (SR 713. 51. Lucie Blvd. An..le Rood 0.69 !Kin.. Hi.h.... (SR 713) An.le RaId Orin.. AYOftUC (SR 68) 0.74 Kin.. Hi.h...v ISR 7131 Okeechabee ROId ISR 70' FL Tumoit. Ennanee 0.10 Lennard Rood . US I ISR5' Till'anv A_uc 0.50 Midwa. Road US I (SR5' Buchan.n Dri.., 0.63 Mid.... Road . 251h Sir'" (SR 6151 Sel YiIZ ROId 0.72 Mid.... Road ·9SI SB Ram"a 1·951 NB RamD' 0.45 Okccchobcc Road I SR 701 Kin., Hi.hway 'SR 7131 1·951 SR 9 073 Okcec:hobec Road ,SR 70) 1·951 SR 9 Jentins ROId 098 t..dlobec Road (SR 701 Jenkin. Road Vore,ni. Avenue (SR 701 0.76 tccchobec Road (SR 701 301h Sn"l 33rd Slreel 0.83 >ran.. A...... (SR 611 Kin.. Hilh..1V (SR 713\ 1-95/ SR 9 0.84 Iran.. A...... rSR 68) Anile Road 251h Str... (SR 615 0.78 Pori SI. Lutie Blvd. Midoorl Rood Floresll Dri.., 1.04 Pcl'1 51. Lucie Blvd. FIorcsIl Drive AirDlO Blvd. 0.9' Port 51. Lucie Blyd. Darwin BI.d. Pan Dri.., 0.57 'nm. Vi'ta Blvd. US 1 ISR5) FloraIlDri.., 0.1>4 'nma Vi.1I Blvd. FI.....II Drive AirOlD Blvd. 0.46 'rim. 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J JII: 1 -~ 1i ",ill . 1 j II: I J .5! ! J t: f I ] I .;ï_j~t IL~!!J~ 1/1 i ... ~ ) i = ~ Ë 1- :: ~ i ~ J~j! C1J /)SI U¡JH :E c ~m··:; . :E I ¡ ... ~l II Ii jJ ì! 'Ill 1J! ."""I . . i I II: f - 1 .. '" ~ Ii J '" V'I ~ 1 II: f ... I ... . c j ! IL :: :! Q C IL :E .. .. ., ! ,2 II: .; I 'a .E '-' LOCAL PLANNING AGENCY MINUTES .,¡I ........ ..." AGENDA ITEM 6: JEFFREY FREEDMAN-P A-05-001: Ms. Sheryl Stolzenberg presented this item. She stated that it is file number PA-05-001. She stated that this is a regular amendment and it would be transmitted to the state if it is approved. She stated that this is the application of Jeffrey Freedman for a Change in Land Use Designation from Commercial to Residential Medium, with a maximum of nine dwelling units per acre, for a forty acre parcel. It is located on the east side of south Kings Highway, north and adjacent to the Ft. Pierce Jai-Alai Fronton. She stated that as required by 9J-ll Florida Administrative Code, that they have looked at the surrounding land uses. She stated that there was Commercial to the south and north, RS to the west, RU to the east and the existing surrounding uses to the north were Agricultural Uses. She stated that the existing surrounding uses to the west are land that is owned by the County, the south is Ft. Pierce Jai-Alai and to the east are some groves and vacant land. She also stated that as required by 9J-ll Florida Administrative Code, they have looked at the availability of and demand on sanitary sewers, solid waste, drainage, potable water and traffic circulation services. She stated that these could accommodate the demand however; the analysis that was submitted on the traffic circulation did not include the potential of traffic from the Research and Education Park that St. Lucie County intends to create. She added that there may be some conflicts that are created by that. She stated that further analysis would be necessary to make that kind of determination. She stated that as far as consistency with the Comprehensive Plan, Objective 1.1.5, which directs development to where services are available; there is a question in regards to the possibility of a conflict with Residential traffic from the site and the Research Park, which is going to be an actual reality. She added that it needs to be examined. She stated that Policy 1.1.5.3 is the policy that they have to use when they are considering an amendment to make a finding that the property is adjacent to or no more than one quarter of a mile from the same or greater land use. She added that the services would be available. She stated that their concern in this instance is that because the Research Park had been described as a park that really could not have Residential on its site, that having Residential this close to it might also encounter the same problems that the Residential on the site would encounter. She added that there would be a tendency to switch more of the Residential to the western part of the site which would mean, since this is proposed to be a planned unit development, that the greater portion of the density would be located towards the west, whereas the adjacent land uses lower the density. She stated that they were concerned about the possibility of incompatibilities between the Research Park and whatever things might be coming from the Research Park that make it not a very good location for Residential on site. She added that in order to compensate, the Residential would be shifted more to the west would mean that up against a lower density Residential. She concluded stating that these were just land use compatibility issues that were of their concern. F 91 '-' ~ She stated that the proposal did not appear to conflict with the Transportation Element. However, they did not really have an analysis that looked at how the traffic ITom this site would mesh with the traffic ITom the Research Park. She stated that they did feel that there were conflicts with other elements. She stated the Housing Policy 5.1.1.1 identifies that a certain number of acres to accommodate new multi-family and indicates that that was already in place in the land use map. She stated that in the Economic Element, they found that Policy 12.2.1.3 states that they should be identifying locations for and encouraging development of economic clusters for business and industry. She stated that it would benefit ITom being located near related industries in the area. She stated that this may seem like a stretch but the reality is that land that already has a non-Residential designation near the future business park might be ideally situated to provide services to that business park. She added that if that is converted away from non-Residential to Residential, then that opportunity is not there. She stated that it will appear that the might not be supporting the business park and the Economic Element by making this change at this time. She stated that based upon the given infonnation, their recommendation was that this does not be transmitted to the State Department of Community Affairs. Chainnan Grande thanked Ms. Stolzenberg and asked if anyone had any questions of Staff based on their report. Mr. Heam asked Mr. Lounds ifthis is the same parcel that they have rejected a Change of Zoning on several years ago because of its proximity to the Research Park and so forth. Mr. Lounds replied that he does not believe that it is. He stated that he has thought of that and he concluded that he thinks that the parcel was further south and on the opposite side of the road. He stated that he thinks that those pieces were on the west side of Kings Highway, and more towards Okeechobee Road. He stated that their concern there, which is his same concern here, is the Commercialism of Kings Highway and where it is going. Chainnan Grande asked if there were any other questions before they hear from the applicant. Ms. Cynthia Angelos, with Wyce Handler Angelos and Cornell, approached the podium to speak on the behalf of the applicant. She stated that as indicated, this application is requesting forty acres that is just north of the Jai-Alai. She added that it is on the east side of Kings Highway. She stated that it is for a land use Change ITom Commercial to Medium Residential. She stated that as reflected in the Staff report, the primary reason for the application is to provide housing for the Education and Research Park. She stated that they understand Staff s concern. She also stated that they believe that at the time Staff recommendation was formulated, there was not as much information available as there is now that they have been able to derive. She stated that Mr. Dennis Murphy has 92 '-' ~ provided a schematic and as reflected on the same, there is one hundred and seventy-five foot right-of-way that would be donated along Kings Highway. She stated that there would be a Mixed Office and Commercial Use, before the Residential portion would begin. She stated that Mr. Dennis Murphy has infonnation about the Education and Research Park with regards to the overlay district and their plans, which would serve as a buffer from the Residential. She concluded stating that the primary reason for the application was to supply housing for those that would work at the Education and Research Park. She stated that she would point out that the schematic follows the TVC. She stated that she had gone through the plan with each of the respective commissioners. She stated that each of the commissioners were very receptive. She added that Commissioner Craft wanted more detail and that is the plan, which is currently before the Board. She stated that she thinks that it is a shame that Mr. Marty Sanders has to sit through the meeting as late as he has to at the current meeting. She added the she can assure them that she will work with Mr. Marty Sanders as it relates to the school board and she will also work with Mr. Marty Sanders in regards to getting some policies together. She also mentioned that by the time that this PUD site plan gets before the Board for final approval, she thinks that they will find that the density that was once being given away for free will no longer be the case, which is based on conversations that she has had with the County's Administrator with regards to directions. She added that he has had it and perhaps they have had those conversations. She also added that if they have not had those conversations, they will. She stated that she has also discussed with her client that he needs to be prepared to pay money to the school board over and above the impact fees as well as to the County for basic infrastructure needs. She concluded, stating that she would like for Mr. Murphy to address both what is being planned at the Education and Research Park and better address the plan. Mr. Dennis Murphy, the Senior Project Manager with the finn of Culpepper and Terpening, approached the podium to speak on the behalf of the petition of Jeffrey. He stated that the petition is for a Change of Land Use for a forty acre parcel of land, east side of Kings Highway, north of the Fronton, and South of Orange Avenue. He stated that this parcel is opposite attract of land that was looked at about a year and a quarter ago. He asked Staff to show a slide display of the land use map that was shown previously. Mr. Murphy pointed out that the blue parcel that is seen on the overhead is the subject to a prior petition for a land use change. He then pointed to the piece that the County Commissioners bought and have since then incorporated concepts for the Research and Education area, into the master plan. He pointed out and stated that the rectangular pieces that can be seen at the southwest corner of the blue tract, on the map, were not currently publicly held. He clarified that they are privately held. Mr. Murphy pointed out to locations on the map and explained what they are. He stated that in a longer time period, the current Board and the Board of County Commissioners have rejected proposed changed of land use and zoning on a parcel of land that was subsequently annexed in the City of Ft. Pierce and it is currently proposed for a Residential Development under the City's jurisdiction. 93 "" ...,.J He stated that they have a parcel of land that they believe is more suitably classified for Residential Use, than it is for its current General Commercial Use. He stated that they have a parcel of land that is in part grove and part pasture. He stated that they have a parcel of land, wherein when they submitted their application back in January, they did not have the privilege or the available information in which to include the analysis of the "what ifs" that could happen over at the Research and Education Park. He stated that they have a parcel of land that will be conveying out approximately one hundred and seventy-five feet of its frontage along Kings Highway, for the widening thereby. He added that the widening will be required with the development of the Research and Education Park for the subsequent DRI applications that will have to follow that. He stated that they have a parcel of land wherein they are taking the traffic impacts and reducing them by approximately seventy-five percent, from what they could be under the current land use classification. He stated that they have a parcel of land wherein they will try to put in about three hundred units onto it based upon the concept plan that is in front of them. He stated that that concept plan incorporates information that they have been able to gather most recently from some conversations with the County's Economic Development Department, regarding the concepts issues for the Research and Education Park. He stated that that is important because when they filed their application, no one was really sure where the physical development on the Education Park was going to take place. He stated that since that time, the preliminary plans that they have been made aware of (they have not really seen the final copies of them, because they were still in preparation), have moved or concentrated the Human Development, which includes the labs, the buildings and the built environment on the eastern quarter of the overall tract. He asked if the aerial photo could be shown. He stated that when they are talking about the Research and the Education Facility, beginning at its northeast comer of King's Highway and the County's parcel, that it extends west, approximately a mile and a half He added that is it about a mile and a quarter deep and it occupies approximately sixteen to eighteen hundred acres. He stated that the built environment will be, rrom what they have been told, in the area that he pointed out to on the screen which constitutes the northeast comer of Rock Road and Picos Road. He added that it will constitute a sizable, about half of the section that he showed which is at the southeast comer of Rock and Picos Road. He stated that it is roughly the eastern half of that. He pointed out that this is where the proposed built environment is going to be. He stated that there will not be any Agricultural test plots, nor will there be any growing of crops or products in this area as presently in vision. He stated that when you look at the concept plan that they have provided and you look over into the upper left hand comer on the map, you will see that that is the piece that they were talking about in regards to the petition. He stated that you will see the arrows that they have going west. He stated that they align with the planned intersecting roadways that come out of the Research and Education Park. He stated that they believe that their plan that they are showing, which is a Mixed Residential, Low Intensity Commercial plan, complements the Research and Education Facilities being put in across the street. He stated that this provides housing opportunities for those who wish to live close to the work environment. He stated that the plan is conceptual, but their client 94 '" .. has indicated a willingness to come in and refine this type of plan to match up with what is being presented. He stated that the graphic that is before them references a future hotel site. He clarified that that does not belong to them. He stated that that is an artistic license that was taken based upon some of the early discussions that they were privileged to regarding the Research and Development plans. He stated that one of the concepts had a dot for a hotel there and a conference center should be developed in the future. He stated that that may not happen and that that will come off of the plan in the future. He stated that they are not involved in that but he just wanted to note that as a place in here. He stated that upon going through and listening to the Staff comments, it needs to be noted that their application is consistent with the County's solid waste element, the sanitary sewer element, the potable water element and the drainage element. He also added that it is consistent with recreation and open-space, conservation, coastal management, Intergovernmental coordination and capital improvements elements. He stated that their cited deficiencies are related to two policies within the land use element, and a general transportation comment saying that they were deficient because they were being asked to model some traffic infonnation that was not available to them before. He stated that as they move through the development process, as a preliminary development order, their traffic assessments at this point have been cursory. He stated that they are not asking for a specific capacity, but they are asking for an opportunity to come back with a refined planned and a detailed development plan approach which wi1l address concurrency issues. He also addressed regards to the extent that the county can provide the necessary infonnation as to what the impacts will be from the Research Park, and stated that they wi1l add that into their modeling efforts. He stated that if they do not have it, then they cannot do it. He stated that they believe that they are in reference to the sited policies, specifically Policy 1.1.5.3 which had two parts to it, wherein it was noted that they were inconsistent with it. He stated that they believe that a change in the land use classification to RM is consistent with the Quarter-Mile proximity, since they are making their property less intense than the adjacent properties. He stated that the adjacent properties are Commercial. He stated that they are going down a notch. He stated that in the other part of that policy, the report has found it to be consistent and there are available utilities to their area. He stated that the Staffs recommendation for denial, withstanding their concern, is being improperly applied in this case because as it is materializing through the development of the master plan, they are not in any area that needs to be set aside for protection or preservation, in order to protect crop production. He stated that if they were, he would still be up there arguing that they have a reasonable shot at coming up and seeing forth that this is Residential because they can provide adequate, vertical and horizontal screening and buffering to protect the plant environments or the test plots that are out there in the research areas that are out there. He stated that this is an issue that would be coming up more and more over the next couple of weeks. He added that there are other properties in the area that he believes are closer to their test sites than they are, that may actually have a greater impact that are not providing the levels of buffer that 95 '-' -.I they perhaps need to. He stated that they are prepared to do what they have to go in and do in the subject area. He stated that he believes that their application package was comprehensive enough and they did cover everything and he does believe that proves that they would warrant. He concluded stating that they respectfully request that their application is forwarded to the Board with a recommendation that the Board of County Commissioners transmit their amendment to Tallahassee for review and that the Board of County Commission be give the opportunity to give it a final review hearing approximately three or four months from now. He stated that he is available for further questions. Ms. Angelos stated that Mr. Freedman wanted her to point out that they have been working very hard and plan to do a wetland preservation area, dedicated to the public, with walking trails, and board walk and with environmental awareness and urban settings and stations to compliment the Research Park also. She stated that that is what you see back there behind the proposed forty acres. Chairman Grande thanked the applicant and asked if there were any questions of the applicant. Mr. Knapp stated that he did not understand the map that was provided to them. He stated that it looks like that there is development there, but is the separate piece a different piece, behind it that you connect to. Then he asked what does it has to do with the forty acres. Mr. Murphy replied, nothing other than a context relationship. He also added that they own the property. He stated that they own eighty acres in total. He stated that their petition is to change the west forty from Commercial to Residential. He stated that their objective is to construct a Mixed Use -type community as seen in the slide photos and Mixed Use by product type, plus limited Commercial. He pointed out to the arching roadway on the map and stated that that would be where they would have the limited Commercial consistent with the County's PUD guidelines. He stated that the balance of their property would then be multi-family and some single family. He stated that moving into an area adjacent over towards Co Panhaven Road, there would be single family opportunities. He stated that the only reason for showing them the plan is to give them an idea of what their thought processes are for the development of the property. He stated that this is not going to be the final foot printed plan. Mr. Knapp asked if the hotel was on their land. Mr. Murphy replied no. He clarified that it is not on their land and that it is an artistic license that was taken and it is coming off. Mr. Knapp asked if it was where the Fronton is. Mr. Murphy stated that is where the Fronton sits right now. 96 ~ '...I Mr. Knapp asked if there was a hotel and a Jai-Alai Fronton on there. Mr. Murphy replied yes, it is redevelopment opportunity. He stated that that was a part of some earlier discussion wherein the development was done in similarity. Mr. Knapp asked if the bottom spot was or was not their land. He re-asked ifblock seven and block eight was their land. Mr. Murphy stated no. Then Mr. Murphy pointed out Gram Road on the map. Mr. Knapp asked if the development was on Gram Road. Mr. Murphy replied no. He stated that it is separated by its back up approximately on Co Panhaven Road. Mr. Knapp asked if the eighty acres of what they were talking about were where they mentioned it to be, and not in the hotel or the Fronton. He pointed to another section and asked about it. Mr. Murphy stated that they already own that and that has an RU Land Use designation onto it right now. Then he asked Mr. Kelly to go back to the aerial slide photo. He stated that the only piece that they are meeting to talk about is the piece on the aerial, which is shaded in red. He stated that the context plan is to show what their overall process is for the entire eighty acre holding. Chainnan Grande asked if there were any other questions of the applicant. Mr. Hearn asked Mr. Murphy ifhe gets Residential Land Use on this, will he apply for a PUD. Mr. Murphy replied yes. He stated that that is the only way that they can do what they are talking about. Ms. Hammer stated that she sees the forty acres that he is talking about, but she is impressed with how he wants to join that into the land on the present map to the right. She asked if he could outline the rest of his eighty acres with the mouse on the screen. Mr. Murphy outlined his eighty acres on the screen. He stated that the single family element would be on the wooded parcel. He stated that it is important to know that their intentions in that area are single family, which is consistent with the other uses in the area. He stated that they do not plan to introduce any multi-family in that area. Ms. Hammer asked if they would have the enhancements around the wetlands and the walking trials so that that would be accessible to the property to the left if they allow the land use change. Mr. Murphy replied yes. He added that they have not gotten to all of the "nitty-gritty" details, but in general tenns; it would be a unified development plan and a unified development approach for the entire property. He also added that access to the amenity system, which is what this would be, would forward to all of the owners within the project. Ms. Hammer asked if they were talking about gated community. Mr. Murphy stated that they have not gotten that far yet. 97 "-' ..., Chainnan Grande asked Mr. Murphy who is the owner of this. Mr. Murphy replied that the applicant is Mr. Freedman and Jeff has the ownership of the back forty and he thinks that the top forty is under contract purchase. He stated that if you look it up under the tax rolls it will show up as Florida Gaming. Ms. Angelos stated that the Jai-Alai is selling it. Mr. Murphy replied correct, but it is a contract purchase and they have the authorization letters, which are in a file with the application. Chainnan Grande thanked Mr. Murphy and asked if there were any other questions of the applicant. Chairman Grande opened the public hearing. Mr. Marty Sanders, the Executive Director of Growth Management for the school district. He stated that he is present to speak as an advocate for children. He stated that the legislature session, within the past month, has initiated a Senate Bill 360, which brings forth concurrency for schools as a requirement. He added that that is refreshing and over the next three years they have to develop a concurrency management system for schools, therefore he will be there in the future with more to say. He stated that as Ms. Angelos. has said, she will work with them to help develop policy, and he appreciates that. He stated that he has always been a true believer in trying to use all of the brain power that they can get. He added that she too is an advocate for kids and he is sure that they can work out some methodology to address the impacts to school. He concluded stating, with that being said and done, they will work with the applicant to try to do that. Ms. Hammer asked Mr. Sanders if there were any proposals within the five, ten, or twenty year plan for a school site in the subject vicinity. Mr. Sanders stated that the school district owns a site on Jenkins Road, about a mile to the east of the subject property. He stated that it is near the apartment complex, which is about three quarters of a mile, north of Okeechobee. He added that the overwhelming growth in the school district has been in the south part of the county and they are plugging holes down in there, to maintain the capacity. He stated that they are beginning to see development spur up in the mid and north part of the county. He stated that a north county school will be in the nearby future. He stated that they have very little control over funding so they are just staying a half of a step, ahead of the kids. He stated that on that note, the school district does annual demographic projections. He added that they hire an independent finn wherein within the last three years, they have hired Fishkind Associates. He stated that Fishkind happens to be working on most of the DRI's of the proposed sixty-seven thousand units occurring in St. Lucie County and the new DRIs. He added that they have a good grasp on the demographics. He stated that they have received a demographic report from Fishkind, about three weeks ago. He stated that they were surprised to find that there was a bump in new students, elementary students in particular. He stated that they propose that by the incoming fall season that they believe that they will have over two thousand students station short fall in the elementary school. He stated that last Tuesday night, the Board approved the architectural contract to move forward with another K-8 at Cashmere, which is at the very northeast comer of 8t. Lucie 98 ~ .."", West. He concluded stating that they are staying a half of a step ahead of the students and that will be a fast track project, to have that school open by the fall of 2006. Chainnan Grande thanked Mr. Sanders. Chairman Grande closed the public hearing and asked if there were any questions or comments of the Board. Mr. Knapp asked if this was in the Urban Service Boundary area. Mr. Murphy replied that the property is well within the Urban Service Boundary and it is in the FPUA service area. Chainnan Grande asked if there was any speakers present to speak on the behalf of the Research Center. He asked Mr. Murphy is he was the speaker for the Research Center. Mr. Murphy stated that he could speak on the beha1fthem. Chainnan Grande announced that they are unrepresented at the hearing. Mr. Lounds stated that he would have to argue with them about that. He stated that he is not on the board of governors for the Research Park but he has been a part of it for a while. He stated that the Park does not lend its self towards Residential. He added that they have tried to prevent that because of the stigma of research with Residential being close to it. He stated that the University of Florida closed its Bradenton Research Fann because of that. He continued with some of his concerns on the matter. He stated that one of his concerns with the whole project, considering the fact that it is a nice project and that it is laid out well, is that it is in the wrong spot. He stated that Kings Highway is going to be, has been and will continue to be a Commercial corridor. He stated that it is from Okeechobee Road to Indrio Road, and it is all Commercial except for the people who have lived there for years. He stated that he feels that this proposal is misplaced, which is to be facing Kings Highway, because of the Commercialism of it. He stated that if they could flip that thing back some how and get it to the other side of 95, then he would be all for it. However he does not feel that Residential on Kings Highway is good growth for them. He stated that he does not feel that Kings Highway can handle that. He stated that there are buildings going in just north of the Park, which is a building supply company. He added that Ring Havers is putting in some other things, north of Orange Avenue. He concluded stating that it is clear to see that Kings Highway is a Commercial corridor. He stated that the Research Park has bought up a lot of land to prevent development around it because of this stigma of research and Residential areas. He stated that the mention of the University of Florida building their buildings there, in clarified by saying that they will build their buildings on their property. He stated that there is a lot of energy going into the Research Park, and he does not feel that this fits that Park. He stated that they are correct in the fact that the Research Park will need to have Residential 99 \..i -..I areas near it, but not that close to it. He stated that he feels that it is a great development, and he likes it because they are combining, hopefully, single Residential units and so forth. He also added that there are multiple ways in and out of it, but it is on Kings Highway and he thinks that it needs to remain Commercial and not have that traffic on it. He concluded stating that if they can flip it some other way, then he would vote for it, but not like this. Chainnan Grande stated that it sounds like he is in concurrence with the Staff recommendation, and asked if he would like to put that in the fonn of a motion. Mr. Lounds stated, "After considering the testimony presented during the public hearing, including Staff comments, I hereby move that the local planning agency of St. Lucie County recommends that the St. Lucie County Board of County Commissioners deny the application of Jeffrey Freedman for a Change in Future Land Use designation from Commercial to Residential Medium." He stated that his reason being for denial is because he feels that Kings Highway is primarily a Commercial corridor. He stated that he thinks that having Residential facing the Research Park is not consistent with the future plans of the Research Park even though this is a good development. He stated that he feels that it is misplaced by being on Kings Highway. Chainnan Grande asked if there was a second. Ms. Morgan seconded the motion. Chainnan Grande announced that there was a motion and a section and he asked if there were any questions or comments from the Board members. The Roll Call was made. Ms. Hammer replied that she will be voting yes to deny the application. She added that she really likes the layout and the plan. She stated that she also wish that it was in another location. However, the Research Park is there and she envisions houses next to it wherein. She added that the next thing that they are involved in is with the residents coming in complaining about the fertilizers, the odors and so forth. She stated that they are there first. She concluded stating that she would love to see this kind of layout in another location. Mr. Hearn replied no. Mr. Knapp replied no. Mr. Lounds replied yes. Ms. Morgan replied yes. 100 '-' ...¡ Chainnan Grande stated that he would have really liked to have gotten some of the inputs from some of the folks at the Research Park, only because of the questions of suitability. He added that short of that, he will be voting yes on the motion. He stated that if he understands correctly, the application will be forwarded to the County Commissions with a recommendation from them, of denial. He stated that that concludes the agenda. Mr. Kelly commented and announced the new planner, who is Andrew Riddle. Chainnan Grande stated that he would like to echo the comments that were made earlier in regards to the preparation of the packets and the presentation. 101 ~ ...; COpy OF Bee APO LETTER ~ "" BOARD OF COUNTY COMMISSIONERS ~T: ~eJElf , COUNTY \. FLORIDA GROWTH MANAGEMENT June 27, 2005 In accordance with the St. Lucie County Land Development Code, you are hereby advised that Jeffrey Freedman has petitioned St. Lucie County for a Change in Future Land Use Classification rrom COM (Commercial) to RM (Residential Medium) for the following described property: Location: East side of South Kings Highway, north of and adjacent to the Ft. Pierce Jai Lai fronton. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The second public hearing on the petition will be held at 6:00 P.M., or as soon thereafter as pos.'ìible, on July 12, 2005, County Commissioner's Chambers, S1. Lucie County Admini!i,tration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. AIL interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written COmments 10 the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting 01' hearing, he will need a record of the proceedings. For such pwpose, he 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 testitying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testitying during a hearing upon request. If it becomes necessæy, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call (772) 462-1960 if you have any questions, and refer to: File Number: PA-05-00I. Sincerely, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ~~~~ Frannie Hutchinson, Chainnan G,¿z) . DOUG COWA"D. D,s',;cr No.2' PAULA A. lEWIS, Distncr No. J . Fl'.ANNIE HUTCHINSON, Disrricr No.4' CHRIS CRAFT. Di5,ncr No 5 JOSEPH E. SMITH. Dlstnc' No.1" County Administroror - Douglas M. Anderson 2.300 Virginia Avenue · Fort Pierce. FL J4982-5652 Administration, (772) 462-1590 · Planning: (772) 462-2822 . GISfTechnicol SeNices: (772) 462-155J Economic Development, (772) 462-1550 . Fax: (772) 462-1581 Tourist Development: (772) 462-1529 . Fax: (772) 462-21J2 www.co.st-Iucie.fl.us "" ..., COPY OF Bee AD Board Members 8 e. Carol A. Hilson, Chairman Judi Miller, Vice Chairman John Carvelli Samuel S. Gaines Kathryn Hensley Superintendent Michael J. Lannon July 12,2005 ~e~~ C.C.:. '1-\'d.-co¡:. Co. ~~, Co.~. G~~' Frannie Hutchinson, Chainnan St. Lucie County Board of County Commissioners 2300 Virginia A venue Fort Pierce, FL 34954 RE: Future Land Use Plan Map Amendment requested by Jeffrey Freedman 40 acre parcel on Kings Highway File Number PA-05-001 Dear Chainnan Hutchinson: This letter is to provide input on behalf of the School District for the above referenced land use amendment as provided in the Inter/ocal Agreement for Public School Facilities Planning-St. Lucie County. The attached memorandum from the School District's Executive Director of Growth Management provides the details of the impacts of the proposed land use amendment on the public school system. Attached is a letter of from the applicant noting that they have committed to a voluntary capacity enhancement agreement to mitigate the impacts ofthe land use. We commend the applicant in working to mitigate the impacts. We urge that the County Commission recommend as a condition of forwarding the application to the Department of Community Affairs that the applicant work with the School District to provide a mitigation of the impacts of the land use change. The details of that mitigation can be worked on with the developer. We are confident we can come to agreement based upon the developer's commitment. In the interest of providing written comments to the Board of County Commissioners prior to the public hearing, I am forwarding these comments to you prior to School Board review. Once the details from our consultant are received and an agreement is developed, these materials will be reviewed and acted upon by the School Board. If you have any questions please call me or our Executive Director of Growth Management, Marty Sanders at 429-3600. Sin~ ~ d. Judi Mill" Chainnan Enclosure . .r;, c:Vœ_...Sctt;IIþIMSAl¡ 9\MYOoc~.I.oçaI\S!. .l&:ilf"""yI.~ep"'~-a-L,n "'''''''W.'''IU>ntnbtþl~~x:6.1~'' cc: School Board members Ô\' ... Michael Lannon Dan Harrell, School Board Attomey>, S1. Lucie County Commissioners w/eJJclosure Cynthia Angelos w/enc1osure ... ACCREDITED SYSTEM·WIDE BY THE SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS The School Board of St. Lucie County is an EquaJ Opportunity Agency Excelle~e in Education The School Board of St. Lucie County 4204 Okeechobee Road Fort Pierce, Florida 34947· (772) 429-3600 ..." Board Members Carol A. Hilson, Chairman Judi Miller, Vice Chairman John Carvelli Samuel S. Gaines Kathryn Hensley Superintendent Michael J. Lannon MEMORANDUM TO: Board Members Michael Lannon Superintendent 0 Marty Sanders, Executive Director of Growth Management, Land fÎ/.~ Æ-~ Acquisition & Inter-Governmental Relations FROM: SUBJECT: Future Land Use Plan Map Amendment requested by Jeffrey Freedman 40 acre parcel on Kings Highway File Number PA-OS-OOl DATE: July II, 2005 As a part of the intergovernmental coordination I have reviewed the impacts of the proposed land use amendment on the St. Lucie County Public School system The Interlocal Agreementfor Public School Facilities Planning-St. Lucie County between the School District, St. Lucie County, City of Port St. Lucie and the City of Fort Pierce states in Section 9.6 the factors considered in reviewing comprehensive plan amendment the local government shall consider the following: a) School Board comments. b) Available school capacity or planned improvements to increase school capacity. The project is proposed within the Zone I ofthe School District's choice system. The School District's current 5-year work plan has a shortfall of approximately $ 233 million dollars and does not have any new schools identified in to be constructed in Zone I. Currently the elementary schools in Zone I are over the program capacity. There are insufficient permanent student stations at the middle and high schools to meet the program needs, but are being met thru the placement of portable classrooms on the sites. The High school in Zone I, Fort Pierce Westwood . h School is scheduled for modernization and will create additional c~i~yt urrently not funded. St. Lucie County has approved about 5,125 residem.fiâl dwe ts since 2003. Based upon average student generation rates we ca;tlQexpect a public school students (867 elementary, 408 middle, and 192 higf:ì~. Most e located in Zone 1. Based upon the current 5-year work plan w; will have f capacity to meet the needs of additional residential units in Zon~ I. Traditi ve made up the difference with the use of relocatable classrootP$. ACCREDITED SYSTEM·WIDE BY THE SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS The School Board of SI. Lucie County is an Equal Opportunity Agency Page 2 '-' Future Land Use Plan Map Amendment requested by Jef&ey Freedman 40 acre parcel on Kings Highway File Number PA-OS-OOl ..." Table 1 below provides an estimate of the impacts and capital needs based upon the proposed land use amendment. The current land use is commercial and would not have any residential units and as a result no capital requirements on the school system Table 1 Land Use Amendments-School Impacts Estimates Base Data Student Generation Rate (Students Idu) Current 1m act Fees Estimate as Estimate as Multi Family Single Family 0.282 0.36 1m Freedman acreage Density Max. Number of du 86.94 Estimated Public School Students Students as a % of a k-8 Cost of K-8 $ 35,000,000 Estimated School Capital Needs Impact fee revenue Project shortfall 25 31 18 35 2% 2% 1% 2% $ 536,311 $ 684,653 $ 393,675 $ 770,234 $ 208,830 $ 266,645 $ 220,469 $ 430,863 $ 327,481 $ 418,008 $ 173,206 $ 339,371 Based upon the impact fee analysis the project would be made up from credits (e.g. State funding, sales tax, ro ert taxes, etc. Table 2 Impact Fee Study Data Total Net occupancy Cost per State Local Total Impact Version Unit Type (Students/du) du credit Credit Credit Fee 2005 Draft Single Impact fee Family 0.405 $ 7,873 $ 243 $ 2,674 $ 2,917 $ 4,956 Multi Family 0.207 $ 4,029 $124 $ 1,368 $ 1,492 $ 2,537 Single October 1 , 2003 Family 0.360 $ 5,905 $ 238 $ 2,605 $ 2,843 $ 3,061 Multi Family 0.282 $ 3,235 $131 $1,427 $ 1,558 $ 1,677 Page 3 Future Land Use Plan Map Amendment requested by Jeffrey Freedman 40 acre parcel on Kings Highway File Number PA-05-00l '-' ....." Based upon historical funding the credits for local and state funds, it is pretty clear that the School District will not get any additional revenue trom the state or trom sales taxes as a result of a land use change. The capital improvement tax (CIT) or 2 mil revenue may change slightly as a result ofthe development but could be a similar gross taxable value with either land use. As the table above shows the range of the local and state credits is about $1,500 for multi family and about $ 2,900 for single family. The developer is not sure ofthe mix at this stage ofland use. It is my opinion that the impact due to land use change should be addressed at this time because they are different than those that occur at time of final development approval. The above credit is the main issue that should be addressed. As previously stated to the Board, Orange County has implemented an approach, commonly referred to as the Martinez Doctrine that makes up the difference in the credits. The St. Lucie County Comprehensive plan provides several issue that address development impacts. The first is Policy 11.1.2.4 (Page 11-58) it states: "Future development shall pay for 100% of the capital improvements needed to address the impact of such development... Future development payments may take the form of, but are not limited to, voluntary contributions for the benefit of any public facility, impact fees, capacity fees, dedications of land, provisions of public facilities and future payments of user fees, special assessments and taxes. " At the St. Lucie County Planning and Zoning public hearing on June 16,2005 I agreed to work with the applicants to provide solutions to mitigate the impacts to the School District. Then on June 28, 2005 the School Board directed me to continue to work with the developers to address the impacts and seek solutions to prevent additional shortfalls in the necessary funding for the schools as a result ofthe development. Late last week, the developer's representative, Cynthia Angelos, has indicated that her client would be willing to enter into a voluntary agreement with the School District to provide voluntary additional funding to assure that the proposed land use provides for the necessary funding to ameliorate the impacts to the public school system We will continue to work with our consultant Dr. James Nicholas to review the impact fee mythology and credits to determine an appropriate contribution to fairly mitigate the impacts. Since the project is being heard at the Board of County Commissioner's meeting on July 12, 2005, the Board will not have an opportunity to review the data prior to that meeting. While we do not have a final agreement in place prior to action by the Board of County Commission tomorrow night, but based upon this commitment in writing trom the developer, I believe we can develop an agreement that will adequately mitigate the Page 4 Future Land Use Plan Map Amendment requested by JeflTey Freedman 40 acre parcel on Kings Highway File Number PA-05-001 "-" ...." impacts. Should the Board of County Commission forward the land use amendment to the Department of Community Affairs, we ask that they do so with the condition or understanding that the applicant work with the School District to get an agreement in place prior to the final public hearings for adoption that will occur in about 90 days. In the interest of providing written comments prior to the public hearing, I have requested that School Board Chainnan Judi Miller forward these comments to the Chairman of the County Commission. I will be at the Board of County Conunission Public Hearing tomorrow night to represent the School District. Please call if you have any questions. MES/mtf C:1Doctmeou1ld SettifI8I'MW 1191MyDœ.-'GJv LoceIIS4.I,ajec.-.y\Si~ P\aoI ~-nr. FWP ~ "'12-ð5 BOCC t.::bp......doc cc: Dan Harrell, School Board Attorney Tim Bargeron, Assistant Superintend Business Services Sandy Wolfe, Deputy Superintendent ~{/~ll¿~~~ lb;~( .'-" {(L,j'"l:l~L"jb <";YI'IIH1A ~1'I\;¡t.LU:O t-'~\;¡I:. I:H ~ ¡P.A. FAX NO: TO; FROM: RE: DATE: WEISS, HANDLE~ ANGELOS & CDRNWE 10521 SW Village Center Drive Suite 101 Port St Lucie, Florida 34987 (772) 345-5297 FAX NO. (772) 345-5296 (561) 997-9995IBOCA (561) 734-8008JWPB (954) 421-5101/BROWARD I FACSIMILE TRANSMITTAL COVER SHEeT 772-429-3644 Marty Sanders Cynthia G. Angelos. Esq. Freedman - 40 acre parcel Kings Highway nort of Jaí-Lai July 11 2005 MESSAGE: .*~*~~~1LL44AA~~****~*~"***~"'4AAAAA~.********* ....*.~*t*~.~** Letter dated July 8, 2005 that has been also executed by Mr. reedman is attached. .....***.***** A~¿~jAA.~I~t~"~"""""'...~~~~A&&."".**** AA1LÁ..*.t*i~.""..* TOTAL NUMBER 0 PAGES (including thìs cover U /~~/~~U~ ~u.Jr r i"-<J......û£JO .....TI'II n~H ~I",,:; [:.L..U;:) .\.t ...., CYNTl1IA G. AN<OELOS' WiLL,IAM .J. C.ORNWEu..~· OAlI1o K. F'RIEDMAN RODEFfT 6t..Ji111R GOL.t)MAR HE:NRY B. HANPL.ER OAROL, A.. I'fAR'T.O.QE,Nt:fIIIIQ ANNf;T'I'E .J. SZOFIOSY HOWA,RD I. WE'SS.....· NO"MA ~CHÅm'E Wfl;;NER WEISS. HANDLER. ANGELOS & CORNWELL, P.A ATTORNEYS AT LAW I OZSS: I 8W VlLL,A@E CEKrE.R gftlVE SUm: 0 I ~A Þn~ ST. LUC:IE;. F"LOI!tIDA, 3-1-987 BOCA RATON 'n~ I' OQ?-a-QVS PA..L"'I ðEACH ~~O I ¡ 734-800a I'SORT ST. L.VClilæ: t772:) .3....e.-LAWS 'i'E~OPI~ n:5(9 D 9Q..;t-~2aa 'I1Wt/W.W~ancIer.CQm t~"'I~~"""'~..ç:om 1110 Fl... VA BARS ... F\.. QA aARS . .........FL, NY eARS ¢eOA~D QERnF"II¡;D M....~IT...r... Go FAMI~Y LAW +NY BAR, NQì .....c~I'T"'ÆC !~ F'L July 8, 2005 VIA HAND DELIVERY Marty E. Sanders :Executive Director of Growth. Management, Land ACQuísition & Inter-Governmental Relations School Board of St Lucie County 4204 Okeechobee Road Ft. Pierce, Florida 34947 rH\.::I1:... ~"- OF' COUNSEL RAOUL-LIONEL "'I:L.~R' t1ARRYWlNOERMAN Re: 40 acre parcel on Kings Highway north of Jai.-Lai, Ft Pierce Dear Mr. Sanders: 1 L £ . ~ *Vq Iltl"D-l((}- ¡~~~ "'" Pursuant to our discussions, Mr. Jeffrey ~~, the con; purchaser of the referenced parcel has agreed to pay át.-b.~ðl m"aet fee in the amo t of$1,500.00 per roof top to the S1. Lucie Cowrty. School Board. as it re;Jates to the posed land use amendment reganling the property. Pursuant to our diSCU$!>ions, pri r to final approval by the Boatd of CQunty Commissioners, oW' client will enter into a apacity Enhancement Agreement providing for the same. Thank you SO h for your time and coopera.tion in this matter. Very truly yours, CGA/kld s ACKNOWLEOOED AND AGREED this ,2005. 5:14. St. Luo" Offlœ\CLTENTS\FREE1)II.1AtH\KJNGI; \..-. ...., ~ ~ ~ ~ ~ ~ ~ ~ ... '" ~ .þ. 01 (1) ..,¡ sÞ ~ '0 '0 '0 '0 '0 '0 , 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ÇQ :;] (Q CD 'TI Q) ~. -< s:: c: ~ 'TI Q) ~. -< . . 0 r en- 0 - 3 ~ Q) 'C - II) (1) 0 () ()- ¡¡¡ ¡¡¡ 'TI a. a. $ ;:;: ;:;: N o o UI 3 - '0 3 1»'0 n I» -~ "'." CD CD CD CD ø - c Q. '< '-" ..., st. Lucie County / Board of County Commissioners c," , 'PM ,_..,.."",.~ ,~'," "" . . . ".~ J!i (!i.li··í@·..."I·-,E"""""·'-'·o·_,;_·_'",·,.::.. COUNTY""'" FLORIDA ",'..'....-. .' , . " ~,.~",...~,_..,.' .,~. .,.."^""....',,,.'~'"'"'.,_~.·~.·,.o. Name: Public Hear~ Sign In Form £1·Z4brlh f1~ Address: Phone: Item No. or Topic: st. Lucie County Board of County Commissioners ,.-.....',.......'-,.."". '''''''"',''.'''~'',' ""-'""'~""""~~'~""""""''<'' ,·iJiip:iI!¥~HillE-':,;' , COUNTY""',· FLORIDA ..".~ ,,,,_.~~,,_~._..>."'~M~_.~·,, ~,,"," _""'w '" J Public Hearin!¡J Sign In Form Name: 1) (). Y\ ~ Da,Vl 1='\ 0\ d, Address: \ C\ 19 C' O~YI k~\)Q v' 1), J 1=t, {Ji",;/" J P, () q 74 Phone: -¡ 7 ~ L\ /t.POcIJ 'ïtorT~~~~~ ~HvJ \r ,...", .ioners ~............./................,...,... " ,^, ..:.i .. -' ,>.. .' ,.... > -f~- " ¡ . . ~ .. ",.,' '.' ....., ""~~·'·"'·.-,r>~..·.._·.·.,.'· ~·.'n,'_'··'_'~"~·.' .._ .' 0 c.{)1~'í\ c¡ ~et ~3 Ó ;ioners ~/- ..........~ ..~..~.............. ublic Hearing Sign In Form "J<..... , '" (,'".". /.. '-' .."" St. Lucie County Board of County Commissioners Name: ßI7) Address: I tfrJ 7' Phone: 772- Item No. or Topic: /" Public Hearing Sign In Form ~ or;vr !\( C~e/J~¿¡t/e~ 'f?¿ - L{lftltf .-- g-C iiP.î;~(!(I@FE.&o-:;- .', COUNTY', FLORIDA - ,'~'''~qr."~.,_..;.'"",.·...· ,", St. Lucie County Board of County Commissioners Public Hearing Sign In Form Name: ~'ë:ð/lGcç £~ê/ê<'C¡;V Address: t' Jr ~ -u 4Iir¿[ CI/?CL6,- Phone: 77Z - ~& 4- 7711' íÍ- Item No. or Topic: ~.., .. .. .. ," ,~..'7" .';' .... ,',,' , ..,...... '.- .. .. C' "..._....',",.~'... ._......"."'"...",.-.. "-, ~"". .,.'",-'" ""''''~''... '- 81. Lucie County Board of County Commissioners "-! Public Hearing Sign In Form ,--¡-- l Je:,cu·, hQ- ~ Name: Address: Phone: Item No. or Topic: 81. Lucie County Board of County Commissioners -Æ. Public ~earing Sign In Form. Name: Qr+~ S"",ÒcC'> ). SLC Sck.Cü\ Address: Phone: r.-¡ 71- ~d.-1 ~<L ') ~q- () Item No. or Topic: -- o 1)1 ( (,t '-' ...., ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING JULY 12, 2005 SIGN·IN SHEET PLEASE PRIN NAME MAILING AGENDA ITEM OF REPRESENTING ADDRESS CONCERN pc¡ l Q10 Co J7()/ I ?;l\q\{~ '-" , , ...¡ I NOTICE OF PROPOSED CHANGES TO THE 81:. LUCIE COUNTY COMPREHENSIVE PLAN The Board 01 County Commissioners 01 St. Lucie County Agency will consider Ihe transmittal to the Slale Department 01 Community Anairs oIlhree requesls to. change. th. Future Land Use designation of lands indicalBd on the map in thIs advertIsement, and a change to the 1elC! of the TranS JOr atiOf1 Element. A public hearing on each proposal will be held before the Board of County ComlTllSS'oners Of1.JUly t2. 2005. in the County Commission Chambers 3rd Floor of the St. LucIe County Adminislrative Annax. 2300 Virginia Avenue. :Fort PIerce, Flonda. The hearing WIll begin at 6 pm or as SOOn thereafter as posslbl.. . Inl.rest.d parti.s may appear at the Board of County COmmiSslonars maetlng and be heard with respect to Ihe Proposed plan amendments, The purposa of Ihe Public hearing is to consider the requests summarized below. MAP Amendments Site 1 Pelition Applicant: Jenrey Freedman Petition Number: PA-05-00' Location: East side of South Kings Highway, north 01 and adjacanl to the Ft. Pierce Jai Lai fronton Request: Change lI>e Future Land Use designation on approximately 40 acres from COM (CommerCial) to RM (Residential Medium) Site 2 Petition Applicant: Vero Vista Center. LLC Petition Number: PA-oS-D02 Location: Between US 1 and Old Dixie Highway/A1A, approximately 118 mile south 01 the St. Lucie County/Indian River County Lina Request: Change th. Fulure Land Use designation 0f1 approximately 46 acres from COM (CommerCial) to MXD (Mixed Use) Site 3 Peli1iOn Applicant: John Disalvatore Petition Number: PA-oS.OO3 location: North 01 Metzger Road. east of Canal 29 and Westwood High School, south of Avenue M and west of Angle Road (2 parcels) Request: Change the Future Land Use designation on approximately 56.9 acres from IND (Industrial) 10 RH (A_ntial High) Texl Amendment PetitiOf1 Applicant: St. Lucie County Pelition Number: CPTA-oS-ool Request: Adopt a new Objactive 2.4.3 and Policy 2.4.3.1 into the text of the Transportalion Elament beneall> Goal 2.4. to acl<nowladge and provide protection for those roadways designated as uscentc corridors" by the Florida Department 01 Transportalion. The corridors include: Atlantic Beach BIvd./SR A' A from Indian River County to US 1; US 1 from North Beach Causeway to Seaway Drive: Seaway Drive/SR AlA to Martin County; Indian River Drive from Seaway Drive south to Ma~in County. Files containing the Proposed amendments Bre available for public review at the SI. Lucie County Grow1h Management Department, 2300 Virginia Avenue, Fort Pierce, Florida 34982 and the Clerk or Court, Finance Department, 2300 Virginia Avonue, Fo~ Piarca, Florida 34982. during regular business hours of the Board of County CommissiOf1ers. Copies of the Proposed amendment may be obrained from the 51. Lucie County Growth Management Department, 2300 Virginia Avenue, Fort Pierce, FJorida 34982. OuestiOf1S may be directed 10 Sheryl Stolzenberg, Planner III. al 772-462- 1960 A" proceBdings before Ihe Board of County Commissioner. are electronically recorded. If a person decides 10 appeal any decision made with respect to any maner considared at the hearing, that parson wi" need a record of the prOceedings and that for such purpose, persons may need to ensure that a verbatim record of the proceedings is made, which record includes the lestimony and evidence upon which the appeal is to be based. At the request Of any party 10 the Proceedings, individuals lestifying during the hearing will be Sworn in. Any party to Iha proceeding will be grantBd an opportunity to cross examine any indi\lid~ teslifying during the hearing upon request. Anyone wijh a disability requiring accommodalion to anend Ihis hearing should contact the St. Lucie County Communify Services Director al (772) 462-1777 orT.D.D. (772) 462·1428 at least lorty-eight (481 hours prior to the hearing. BOARD OF COUNTY COMMtSSIONERS ST. LUCIE COUNTY, FLORIDA ISI FRANNIE HUTCHINSON, CHAIRMAN PUBLISH DATE: June 27, 2005 ","",1' \.f To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: rn APPROVED D OTHER "" Agenda Request ~F ~ 7/12J()4 Item Number: Meeting Date: Consent Regular Public Hearing Leg. [ ] [ ] [ ] [X] Quasi-JD [X J Board of County Commissioners Growth Management t¡kjtlll1-::~ Assistant County Administrator Application of Coconut Cove, LLC for Final Planned Unit Development approval for the project known as Coconut Cove Coconut Cove, LLC has applied for Final Planned Unit Development approval for a project known as Coconut Cove located on the east side Df Old Dixie Highway at the Indian River CDunty line. N/A At the August 19, 2004 meeting, the Planning and ZDning Commission by a vDte Df 7 tD 0 recommended approval of this petition with P&Z CDmmissiDners Merrit and Trias absent. At its October 19,2004 meeting the Board Df County Commissioners by a vDte of 4 to 1, approved ResolutiDn 04-217 which granted Preliminary Development Plan apprDvalto the prDject. Staff finds that the requested Final Planned Unit Development is in substantial cDnfDrmity with the preliminary plan approved by the Board on October 19, 2004. Staff recommends approval of ResolutiDn 05-144 which grants Final Planned Unit Development approvaltD the project. ENCE: CJ DENIED :ß \~ :y,J V Approved 4-1 Comm. Coward voting no. Duglas M. Anderson County Administrator Coordination/ Signatures Mgt. & Budget: Fire De pt: --;;;/;;¡;-- Utility:~ Purchasing: Public Works: Other: County Attorney: Finance: Environ. Resources: ~ '-" ..., - . .. .. '-" ",. .. ...""""."", m",~,~, COUNTY COMMISSION REVIEW: 7/12/05 File Number: PUD-04-011 and RZ-04-012 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners FROM: Assistant County Administrator DATE: July 5,2005 SUBJECT: Application of Coconut Cove LLC, for Final Planned Unit Development site plan approval and for a change in zoning from the RS-2 (Residential, Single- family - 2 du/acre), RM-5 (Residential, Multiple-family - 5 du/acre) and RlC (Residential Conservation - 1 du/5 acres) to the PUD (Planned Unit Development - Coconut Cove) zoning district for the project known as Coconut Cove. LOCATION: East side of Old Dixie Highway, at the Indian River County line. ZONING DESIGNATION: RS-2 (Residential, Single-family - 2 du/acre), RM-5 (Residential, Multiple-family- 5 du/acre) and RlC (Residential Conservation - 1 du/5 acres) PROPOSED ZONING: PUD (Planned Unit Development - Coconut Cove) LAND USE DESIGNATION: RU (Residential Urban) and RC (Residential Conservation) PARCEL SIZE: 277.49 acres PROPOSED USE: 950-unit residential subdivision (density of 3.4 du/acre) 110 single-family units, 200 townhouse units and 640 mid-rise condominium units SURROUNDING ZONING: Indian River County preservation lands to the north, RS-2 (Residential, Single-family - 2 du/acre) to the south, CG (Commercial General) to the west, and the Indian River to the east. SURROUNDING LAND USES: Indian River County preservation to the north; RU (Residential Urban) and RlC (Residential/Conservation) to the south; COM (Commercial) to the west; Indian River to the east. To the north is an Indian River County owned preservation area known as Harmony Oaks; to the south is a parcel of land owned by FIND (Florida Inland Navigation District); then single- '-' .."" July 5, 2005 Page 2 Petition: Coconut Cove, PUD File: PUD-04-011 family residential uses and further south the Harbor Branch Institute; to the west are a series of commercial uses; to the east is the Indian River. FIRE/EMS PROTECTION: Station #7 (4900 Ft. Pierce Boulevard), is located approximately 3 miles to the southwest. UTILITY SERVICE: St. Lucie County Utilities, via a bulk service agreement with Ft. Pierce Utility Authority, will provide water and sewer to the subject property TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: U. S. Highway One has a right-of-way of 200 feet. Old Dixie Highway has a right-of-way of 66 feet. SCHEDULED IMPROVEMENTS: None. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity. *********************************** STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Board of County Commissioners shall consider the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The applicant is requesting a Final PUD (Planned Unit Development - Coconut Cove) approval for the entire 277.49-acre tract of land. The proposed rezoning has been determined to not be in conflict with any applicable provision of the St. Lucie County Land Development Code. According to Section 7.01.01 of the LDC, the purpose of the Planned Unit Development (PUD) zoning district is to achieve residential/and development of superior quality through the encouragement of flexibility and creativity in design options that: A. Permit creative approaches to the development of residential land reflecting changes July 5, 2005 Page 3 '-' -.I Petition: Coconut Cove, PUD File: PUD-04-011 in the technology of land development; The applicant's proposed design includes moving the subdivision layout to the west in order to preserve the eastern most portion of the site. The applicant has designed a project which is a highly amenitized luxury community consisting of 950 high value residential units and a 30,000 square foot clubhouse with various recreation facilities including a health club, pedestrian connections, satellite pool areas. The 950 residential units are proposed to be broken down as follows: Type of unit Number of units Size of units Price Ranae Condominium 640 1,800 sf to 2,500 sf $250,000 - $450,000 Townhouse 200 2,000 sf to 3,000 sf $250,000 - $400,000 Sinale family 110 Custom home built $350,000 - $750,000 The town homes are clustered in a variety of locations throughout the site in 32 buildings and are either one-story high with a maximum height of 20 feet or two- stories high with a maximum height of 25 feet. The mid-rise condominium buildings proposed in the site design consist of eight floors with four units per floor and one level of structured parking, with the maximum height being 98 feet to the main roofline. There are a total of 20 mid-rise buildings proposed for this site. These buildings have been sited in a manner to take advantage of the views of the Indian River and Atlantic Ocean. The buildings have been located to the eastern portions of the site to minimize their visual impact and to provide the best view corridors. The closest mid-rise building to the western property line is 500 feet away. The majority of the buildings are over 1,000 feet from the western property line. On the north boundary are two mid-rise buildings (labeled Building 1 and Building 2 on the site plan) located about 100 feet from the property line and two buildings (labeled Building 3 and Building 4) that are approximately 500 feet from the property line. The architectural theme of all of these buildings is Mediterranean with barrel tile roofs. The proposed site has been designed so that no home backs up to another residence and each building or home has a rear view to either open space or water. The site is bounded on the west by a high coastal ridge, US Highway One and Old Dixie and the FEC Railroad. On the east the site gradually falls to the Indian River Lagoon which stretches across nearly two miles of water to North Hutchinson Island. To the north are the Indian River I St. Lucie County line and an Indian River County owned and maintained preserve (Harmony Oaks). This preserve area is approximately 87 acres in size, with an average width of 1,070 feet. This preserve area will provide substantial buffering between the proposed development and those residential uses located in Indian River County (Vero Shores) to the North. The trees within this preserve are a mix of tropical hardwoods and average over 50 feet in height. To the south is a continuation of the citrus groves, low flatwoods and hardwood hammocks found throughout the area. '-" ...,¡ July 5, 2005 Page 4 Petition: Coconut Cove, PUD File: PUD-04-011 Access to the site is proposed to be via US 1, which will be possible with the construction of a bridge from US 1 over Old Dixie Highway and the FEC Railroad. This will eliminate the necessity to have additional crossings at the primary access for the site. There is a railroad crossing proposed to the north which will be used as a secondary and emergency access into the site. As part of the site plan package, the applicant is proposing to enhance the project by providing streetscaping, landscaping, signage and signage features and accent lighting. In keeping with the proposed North County Charrette development concepts, the applicant has incorporated the following concepts into their site design: 1. Clustering of development in identifiable nodes or villages. The proposed site design clusters the development around centralized lakes and away from the mangrove wetlands along the eastern properly line. 2. Preservation of quality environmental habitat or enhancement of lower quality habitat. The proposed site design incorporates the preservation of 74-acres of mangrove wetlands, 4.8 acre oak hammock and 1.44 acre freshwater wetland. In addition, improvements to the tidal flushing through the mangrove area are planned which wil/ enhance the quality of the entire ecosystem and provide a high quality environment for a wide range of wildlife. There are two fishing piers proposed which wil/ be connected to the community by an elevated boardwalk and mulch hiking trail. 3. Creation of high-quality, high-value housing, commercial and institutional uses that will be aesthetically attractive and will produce a net economic benefit to the County. 4. Encouragement of high-value development where public facilities either exist or are planned for the near future. The County is currently installing the primary infrastructure for water and sewer in this area. As a condition of approval, the applicant wil/ be required to extend the service lines into the subject properly. Water and sewer services are available through a bulk service agreement between the County and the Ft. Pierce Utifity Authority. 5. Provision of housing choices in a variety of physical forms (Le., traditional, vertical, multi-family styles, etc.) The proposed project provides for a more traditional single-family lot product, a townhouse product and a condominium product. B. Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; The project is designed with a central roadway system throughout the project with one central access point. The access point into the project is located on US Highway One. The applicant is proposing to construct a bridge over the FEC \wi ., July 5, 2005 Page 5 Petition: Coconut Cove, PUD File: PUD-04-011 Railroad and Old Dixie Highway. The area in question is to be located on a parcel of land owned by the applicant on the east side of US Highway One. The proposed access will tie into the Kings HighwaylTurnpike Feeder Road intersection on US Highway One. St. Lucie County Utilities will be providing water and sewer to the subject property, via a bulk service agreement with the Fort Pierce Utility Authority. The applicant has provided verification from the County that sufficient capacity is available to meet the demands of this project. The applicant as part of the infrastructure improvements will be required to extend the water and sewer lines into the subject site. C. Allow design options that encourage an environment of stable character, compatible with surrounding land uses; and, The proposed project is compatible with the character of the area and with the surrounding land uses. The property located to the north is an Indian River County preservation area (Harmony Oaks). The applicant has provided for single family residential development along the northwestern property line, townhouse development with a maximum height of 25 feet along the north central property line and two mid-rise condominiums along the northeastern property line. The closest mid-rise condominium building to the northeastern property line is 91 feet. The property located to the west is zoned for commercial uses and are actually developed with a variety of commercial uses (abandoned restaurant, golf driving range, roofing company and a tree removal operation). To the east is the Indian River and then North Hutchinson Island. To the south is preservation land owned and purchased by FIND property, then single-family residential units. Further, to the south is the Harbor Branch Oceanographic Institute. D. Permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities and the provision of recreation and open space. The applicant's proposed design reflects a project that incorporates the existing environmental features and vegetation into the site design. This includes clustering units into townhouse and condominium developments and increasing height in order to preserve approximately 171.23 acres of the entire 277.49 acres of land. This equates to 61.7% of the entire site being either utilized as preservation or open space. The open space component of this site includes 76.19 acres of wetland, 7.06 acres of wetland buffers, 5.45 acre Oak Hammock preserve area, 36 acres of lakes/stormwater ponds, 3.5 acres of passive recreation areas and an additional 43 acres of open areas around the lakes/stormwater ponds. The applicant's proposed site design has kept all lot lines and roadways outside of the wetland areas, thereby, minimizing impacts to the wetlands. The application for Final Planned Unit Development (PUD) approval has been reviewed for consistency with the provisions of the St. Lucie County Land Development Code and has been determined to meet all applicable standards of review. '-' ..." July 5, 2005 Page 6 Petition: Coconut Cove, PUD File: PUD-04-011 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The applicant has demonstrated that the proposed PUD (Planned Unit Development) amendment is consistent with all elements of the S1. Lucie County Comprehensive Plan. Policy 1.1.1.1 allows for residential development within the RU (Residential Urban) Future Land Use classification at a maximum of 5 du/acre. The proposed project has been designed with a density of 3.4 du/acre, which is consistent with the existing Future Land Use designation. Policy 1.1.4.2 requires that new development be designed and planned in a manner, which does not place an unanticipated economic burden upon the services and facilities of S1. Lucie County. The subject property is located in the St. Lucie County Utilities designated service area. The County is currently installing sewer and water infrastructure along US Highway One and is within the vicinity of the proposed project. A condition of approval for the proposed project is that the applicant extends the water and sewer lines into their site. Capacity for this site is available, through a bulk service agreement between St. Lucie County and the Ft. Pierce Utility Authority. The County Utility Department has provided verification that sufficient capacity is available to meet the water demands of the project. Policy 1.1.4.3 requires that the County encourage the use of cluster housing and planned unit developments to conserve open space and environmentally sensitive areas. Of the total 277.49-acre land tract, the project design includes 171.23 acres (61.7%) as open space, which exceeds the required 35% or 97.12 acres of open space for this site. The proposed open space consists of 76. 19 acres of wetlands, 7.06 acres of wetland buffers, 5.45 acres of Oak Hammock Preserve, 36.03 acres of lakeslstormwater ponds, 3.5 acres of passive recreation and 43 acres of additional perimeter and lake areas. The site design includes clustering of units on the site, in order, to preserve the existing environmental vegetation found on the site. A result of the preservation of the environmental areas results in the necessity of an increase in the building height. In addition, through micro-siting the lot lines for the proposed subdivision, the developer has created the ability to preserve a number of trees onsite. Objective 8.1.4.6 requires that wetlands be protected and maintained through reduced paving, conservation easements, cluster site planning and the micro-siting of buildings. The proposed site design was created in a manner that minimizes impacts to the existing 76.1 g. acres of wetland located along the eastern perimeter of the property. The lots were micro- sited in a manner that not only protects the wetland but also protects existing native vegetation on the site. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; This proposed change in zoning and the accompanying Planned Unit Development site plan ~ .." July 5, 2005 Page 7 Petition: Coconut Cove, PUD File: PUD-04-011 is consistent with the existing and proposed uses within the area. The property located to the north is an Indian River County preservation area (Harmony Oaks). The applicant has provided for single family residential development along the northwestern property line, townhouse development with a maximum height of 25 feet along the north central property line and two mid-rise condominiums along the northeastern property line. The closest mid- rise condominium building to the northeastern property line is 91 feet. The property located to the west is zoned for commercial uses and are actually developed with a variety of commercial uses (abandoned restaurant, golf driving range, roofing company and a tree removal operation). To the east is the Indian River and then North Hutchinson Island. To the south is preservation land owned and purchased by FIND property. Further, to the south is the Harbor Branch Oceanographic Institute. 4. Whether there have been changed conditions that require an amendment; There are no changes that would require an amendment. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, Including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The applicant is proposing a 950-unit mixed residential project that includes 100 single-family residential units, 200 townhouse units, and 640 condominium units. This development will be required to extend the infrastructure for water and sewer lines into the subject property. The project is designed with a roadway system that extends from US Highway One, bridges over Old Dixie Highway and the FEC Railroad, then meanders through the development. The primary access to the subject project is through this center roadway system. There is a secondary/emergency access proposed off of Old Dixie Highway. The applicant submitted a Traffic Impact Report (TIR) which looked at all the collector, major arterials, and minor arterials within a 2 mile radius of the site. The TIR indicates that the proposed project will generate approximately 5,075 daily trips. Please find below a table which discusses the proposed trip generation with the proposed peak AM and PM hour trip generations: Coconut Cove Trio Generation Land Use Intensity Daily AM Peak Hour PM Peak Hour Trips Total In Out Total In Out Single familv detached 114 du 1,173 89 22 67 121 76 45 CondominiumlTownhouse 836 du 3,902 282 48 234 343 230 113 Net External Traffic 5,075 371 70 301 464 306 158 The applicant's TIR also provided details on the turning movements of the generated trips once the vehicle reaches US Highway One. Of the total 5,075 daily trips 40% or 2,030 trips will turn and travel north, 40% or 2,030 trips will turn and travel south and 20% or 1,015 trips will travel west. ~ ..I July 5, 2005 Page 8 Petition: Coconut Cove, PUD File: PUD-04-011 The applicant's TIR also included the background project information for the following developments: Portofino Shores, Emerson Estates, Airport West Development, Atlantic Truss, King leal Industrial Site, the Kings Highway/lndrio Road Retail Site and the Emerson Avenue Regional Park. In addition, the applicant's TIR incorporated a link capacity analysis, which took into account the existing historic growth, committed projects and the proposed Coconut Cove project traffic. See the attached Table 2 and Table 3 for the results of the leak capacity analysis, which also includes peak hour/peak direction link analysis. The traffic analysis indicates that all roadways within the study area are expected to operate at an acceptable level-of-service through 2009. Additionally, all major intersections in the study area are expected to operate acceptably with the following modifications: · The signalization of the intersection of Indrio Road and US 1. A condition of approval will be that Phase III development snail not commeñCe-until such time as the signalization of this intersection occurs. · The signal modifications to the Kings Highway and U to accommodate the addition of the east approach. The County is currently installing the primary infrastructure for water and sewer in this area. As a condition of approval, the applicant will be required to extend the service lines into the subject property. Water and sewer services are available through a bulk service agreement between the County and the Ft. Pierce Utility Authority. The Coconut Cove PUD will be served by adequate school facilities. A 950 unit single-family subdivision is expected to generate 342 (.36 students per unit) new students. The Coconut Cove PUD is located in School Choice Zone 1. Student assignments from this community will be made consistent with applicable St. Lucie County Board Of Education standards and regulations. The Coconut Cove PUD will be subject to the County's Educational Impact Fee Ordinance. In addition, the developer has agreed to an additional voluntary school fee to be used for property acquisition. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; Veqetation The proposed site design will not result in significant adverse impacts on the natural environment. Of the total 277.49-acre land tract, the project design includes 171.23 acres (61.7% of the site) as open space, which exceeds the required 35% or 97.12 acres of open space required for this site. The proposed open space consists of 76.19 acres of wetlands, 7.06 acres of wetland buffers, 5.45 acres of Oak Hammock Preserve, 36.03 acres of lakes/stormwater ponds, 3.5 acres of passive recreation and 43 acres of additional perimeter and lake areas. The site design, which includes clustering of units on the site, both horizontally and vertically, provides the opportunity to preserve large areas of the existing environmental vegetation found on the site. '-' -.I July 5, 2005 Page 9 Petition: Coconut Cove, PUD File: PUD-04-011 Gopher Tortoise A total of 26 gopher tortoise burrows were located on the subject property during the gopher tortoise and commensal species survey. Of these, 12 burrows were identified as being active and 14 burrows were identified as being inactive. All of the burrows were found on the western parcel of land. Based upon the FFWCC formula for population, it has been determined that the population found on this site is 16. The applicant is proposing to relocate any gopher tortoises impacted by development to the designated upland preserve areas found on the site. If there is insufficient area within the upland preserve area, the applicant is proposing to relocate the remaining tortoise population offsite. Cultural Resource Assessment On March 29, 2004, the Florida Archaeological Service, Inc., (FAS) conducted a five day field study of a cultural resource assessment of the proposed 277 -acre site. The primary goal of this study was to locate, define and evaluate all archaeological and historic sites within the project's area of potential effect. Background research of the proposed site indicated that no historic structures or previously recorded archaeological or historic sites were located on or immediately adjacent to the Coconut Cove project area. The field team conducted subsurface testing on a linear grid system axially aligned to grid north. The subsurface testing consisted of shovel test excavation. All excavated soil was sifted through %" hardware mesh mounted on portable hand-held shakers. The pertinent data was recorded. The field team conducted 123 subsurface shovel tests. The field study did not yield prehistoric or historic cultural materials. Moreover, no historic structures were identified on the subject parcel. In sum, the FAS Cultural Assessment Survey of the Coconut Cove project tract demonstrated the absence of archaeological and historic sites or deposits within the subject property. This lack of evidence for prehistoric occupation was not all together surprising due to select, local environmental factors, such as the broad expanse of mangrove marshes adjacent to the Indian River which would have made upland access from water-borne canoes extremely difficult to achieve, and the access to the Indian River would have been equally difficult from the Coconut Cove's uplands. 6. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The subject site is designated with a RU (Residential Urban) Future Land Use Map designation, which permits the development of a Planned Unit Development, with a maximum density of 5 du/acre. The applicant's request is for a 950-unit mixed residential project, developed at a density of 3.4 du/acre. The property located to the north is an Indian River County preservation area (Harmony Oaks). The applicant has provided for single family residential development along the northwestern property line, townhouse development with a maximum height of 25 feet along the north central property line and two mid-rise condominiums along the northeastern property line. The closest mid-rise condominium building to the northeastern property line is 91 feet. The property located to the west is zoned for commercial uses and are actually developed with a variety of ~ -.I July 5, 2005 Page 10 Petition: Coconut Cove, PUD File: PUD-04-011 commercial uses (abandoned restaurant, golf driving range, roofing company and a tree removal operation). To the east is the Indian River and then North Hutchinson Island. To the south is preservation land owned and purchased by FIND property. Further, to the south is the Harbor Branch Oceanographic Institute. With the development of this Planned Unit Development (PUD) the general character of the surrounding properties will not change from the existing residential character. 7. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner, Coconut Cove, LLC, is seeking approval for a Final PUD site plan and rezoning to PUD - Coconut Cove to permit the construction of a 950-unit mixed residential development on a 277.49-acre parcel of land located on the east side of Old Dixie Highway, just south of the Indian River County line. Staff has determined that the proposed Final PUD is in substantial conformity with the Preliminary Planned Unit Development Plan which was approved by the Board of County Commissioners in October of 2004. This petition meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. At the August 19, 2004 public hearing, the Planning and Zoning Commission recommended approval of the applicant's petition by a 7-0 vote with two members absent (Mr. Merritt and Mr. Trias), subject to Staff's recommended conditions of approval. Staff is recommending approval of Resolution 05-144, subject to the following conditions: 1. Prior to the issuance of any Land Clearing Permits, for any area west of Old Dixie Highway, the developers shall be required to present plans indicating all areas of impact to the endangered plant species, including but not limited to the Lakela's Mint. The developer shall provide a mitigation/relocation plan and schedule for all impacted areas. 2. Prior to issuance of the first residential building permits, the developers shall provide for the creation/establishment of a Conservation Easement over all areas of protected upland/wetland preservation as shown on the project site plan. This conservation easement shall be in favor of St. Lucie County. No alterations of land within these areas may take place without the prior consent of the County and determination by the County that the proposed activity is not in violation of any provision of the County's Comprehensive Plan or development standard of the County's Land Development Code. No improvements, except the two elevated boardwalks/fishing piers and the mulch trail indicated on the site plan, shall be permitted within the Mangrove Wetland Preserve Area. 3. Prior to issuance of the first residential building permits, the developers shall provide St. '-' ..., July 5, 2005 Page 11 Petition: Coconut Cove, PUD File: PUD-04-011 Lucie County with a management plan for all areas of protected upland/wetland preservation areas as shown on the project site plan. The responsibilities and obligations associated with this management plan shall be included in any assignments to subsequent property owner association or similar management entity for the property. 4. Prior to issuance of the first residential building permits, the applicant shall be required to submit to the County a final tree mitigation plan that indicates the location of all trees to be preserved or relocated. This plan shall include all details on the number of inches of trees removed, preserved and relocated. If the onsite mitigation credits do not exceed the tree mitigation criteria, the applicant shall be required to provide a means for satisfying the remainder of the tree mitigation criteria, in accordance with the allowable mitigation options outlined in the St. Lucie County Land Development Code. 5. The applicant shall be required to submit to St. Lucie County an annual monitoring report demonstrating compliance with the above conditions. The requirement for this report shall begin on the anniversary date of commencement of construction and shall continue on that date until two (2) years after the completion of the development. 6. Prior to the issuance of any Land Clearing Permits for the Coconut cove PUD Site, the developers shall clearly delineate all areas to be preserved and/or protected. Delineation shall be by either the placing of silt fencing, safety fencing or similar type of materials. Flagging shall not be used except to guide the installation of the fencing materials. All land clearing activities shall be in accordance to the specific conditions/standards outlined in the Land Clearing Permit. Upon installation the Environmental Resource Division prior to issuance of the land-clearing permit shall inspect the installed fencing. 7. Staging and or storage of materials, parking of construction and construction personnel vehicles, and other activities other than actual road and bridge construction shall be kept to the eastern side of Old Dixie Highway, in already impacted areas to the greatest extent possible. 8. The developer shall be required to construct a north bound to east bound right turn lane at the secondary/emergency access. In conjunction with all improvements to Old Dixie Highway, including the bridge over Old Dixie Highway, the developer shall be required to construct a 12-footwide multiuse trail as indicted on the site plan, along the East side of Old Dixie Highway. 9. Prior to issuance of the 65151 residential unit (the beginning of Phase III) the signalization of the intersection of Indrio Road and North US Highway One shall be completed. 10. As part of the construction of the project entrance at the intersection of Turnpike Feeder Road and North US Highway One, the developer shall provide at a minimum north-bound right turn lanes, south-bound right turn lane and all necessary signal modifications as may be required by St. Lucie County and the Florida Department of Transportation. 11. Along internal major streets within the development, final asphalt lifts shall not be completed until 70% or more of the accessing residential units are completed. '-' .." July 5, 2005 Page 12 Petition: Coconut Cove, PUD File: PUD-04-011 12. All primary and secondary streets within the Coconut Cove development, including the access to US Highway One shall include sidewalks satisfying all applicable County standards. 13. The proposed boat / rv storage area shall be fenced on all four sides by either an opaque wood fence or wall, in conjunction with the indicated 15-foot landscape buffer. The wall or fence must be articulated. 14. Prior to the issuance of the first residential unit, the developer shall have completed the execution of a final utility service agreement with S1. Lucie County, indicating all developer obligations associated with servicing this site. Please contact this office if you have any questions on this matter. ~ Attachment dpk Projects/Coconut Cove/bccfcoconutcove .bcc. Final.stafCrpt.doc cc: Bobby Klein, Klein & Dobbins, Inc. Michael Houston, Houston Cuozzo Group Dick Siemens, Siemens Group Butch Terpening, Culpepper & Terpening County Administrator County Atlomey Public Works Director Environmental Resource Manager 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 \w< ...., RESOLUTION 05-144 FILE NO.: PUD-04-011 and RZ-04-012 A RESOLUTION GRANTING FINAL PLANNED UNIT DEVELOPMENT APPROVAL FOR A PROJECT KNOWN AS COCONUT COVE AND GRANTING A CHANGE IN ZONING FROM RM-5, RS-2, AND RIC TO THE PUD (PLANNED UNIT DEVELOPMENT - COCONUT COVE) ZONING DISTRICT WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: SITE PLAN 1. Coconut Cove. LLC, presented a petition for a Preliminary Planned Unit Development Plan for a 950-unit residential subdivision (110 single-family units, 200 townhouse units and 640 mid-rise condominium units) project known as Coconut Cove. 2. On August 19, 2004, the Planning and Zoning Commission held a public hearing on the petition of Coconut Cove, LLC, after publishing a notice of such hearing in the Tribune and the Port S1. Lucie News and notifying by mail all property owners within 500 feet of the property boundaries. 3. On October 19, 2004, this Board held a public hearing on the petition of Coconut Cove, for Preliminary Planned Unit Development approval for the project known as Coconut Cove after publishing a notice of such hearing in the Tribune and notifying by mail all property owners within 500 feet of the subject property. 4. On October 19, 2004 the Board of County Commissioners by a vote of 4 to 1 granted Preliminary Planned Unit Development approval to the project known as Coconut Cove. 5. The petitioner, Coconut Cove, LLC, is now seeking Final Planned Unit Development approval and a change in zoning for a 950-unit residential project (110 single-family units, 200 townhouse units and 640 mid-rise condominium units) known as Coconut Cove. 6. The Development Review Committee has reviewed the Final Planned Unit Development site plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this File No.: RZ-04-012 and PUD-04-011 July 12, 2005 Resolution 05-144 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 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 '-' ...,j Resolution. Further, the proposed Final Planned Unit Development is in substantial conformity with the approved Preliminary Planned Unit Development. 7. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 8. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities or other matters affecting the public health, safety and general welfare. 9. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 10. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 11. The proposed project will be served by adequate public facilities and services. 12. The applicant has demonstrated that water supply; evacuation facilities and emergency access are satisfactory to provide adequate fire protection. 13. A Certificate of Capacity, a copy of which is attached to this Resolution, was granted by the Growth Management Director on August 19, 2004. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: SITE PLAN A. Pursuant to Section 11.02.05(8) of the St. Lucie County Land Development Code, the Final Planned Unit Development Plan for the project to be known as Coconut Cove, and is hereby, approved as shown on the site plan drawings for the project prepared by Houston Cuozzo Group on November 15, 2004, last revised on May 23, 2005, and date stamped received by the St. Lucie County Growth Management Department on May 25, 2005, subject to the following conditions: 1. Prior to the issuance of any Land Clearing Permits, for any area west of Old Dixie Highway, the developers shall be required to present plans indicating all areas of impact to the endangered plant species, including but not limited to the Lakela's Mint. The developer shall provide a mitigation/relocation plan and schedule for all impacted areas. 2. Prior to issuance of the first residential building permits, the developers shall provide for the creation/establishment of a Conservation Easement over all areas of protected upland/wetland preservation as shown on the File No.: RZ-04-012 and PUD-04-011 July 12, 2005 Resolution 05-144 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 \.f ..., project site plan. This conservation easement shall be in favor of St. Lucie County. No alterations of land within these areas may take place without the prior consent of the County and determination by the County that the proposed activity is not in violation of any provision of the County's Comprehensive Plan or development standard of the County's Land Development Code. No improvements, except the two elevated boardwalks/fishing piers and the mulch trail indicated on the site plan, shall be permitted within the Mangrove Wetland Preserve Area. 3. Prior to issuance of the first residential building permits, the developers shall provide St. Lucie County with a management plan for all areas of protected upland/wetland preservation areas as shown on the project site plan. The responsibilities and obligations associated with this management plan shall be included in any assignments to subsequent property owner association or similar management entity for the property. 4. Prior to issuance of the first residential building permits, the applicant shall be required to submit to the County a final tree mitigation plan that indicates the location of all trees to be preserved or relocated. This plan shall include all details on the number of inches of trees removed, preserved and relocated. If the onsite mitigation credits do not exceed the tree mitigation criteria, the applicant shall be required to provide a means for satisfying the remainder of the tree mitigation criteria, in accordance with the allowable mitigation options outlined in the St. Lucie County Land Development Code. 5. The applicant shall be required to submit to St. Lucie County an annual monitoring report demonstrating compliance with the above conditions. The requirement for this report shall begin on the anniversary date of commencement of construction and shall continue on that date until two (2) years after the completion of the development. 6. Prior to the issuance of any Land Clearing Permits for the Coconut Cove PUD Site, the developers shall clearly delineate all areas to be preserved and/or protected. Delineation shall be by either the placing of silt fencing, safety fencing or similar type of materials. Flagging shall not be used except to guide the installation of the fencing materials. All land clearing activities shall be in accordance to the specific conditions/standards outlined in the Land Clearing Permit. Upon installation the Environmental Resource Division prior to issuance of the land-clearing permit shall inspect the installed fencing. 7. Staging and or storage of materials, parking of construction and construction personnel vehicles, and other activities other than actual road and bridge construction shall be kept to the eastern side of Old Dixie Highway, in already impacted areas to the greatest extent possible. File No.: RZ-04-012 and PUD-04-011 July 12, 2005 Resolution 05-144 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 B. 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ~ .., 8. The developer shall be required to construct a north bound to east bound right turn lane at the secondary/emergency access. In conjunction with all improvements to Old Dixie Highway, including the bridge over Old Dixie Highway, the developer shall be required to construct a 12-foot wide multiuse trail as indicted on the site plan, along the East side of Old Dixie Highway. 9. Prior to issuance of the 65151 residential unit (the beginning of Phase III) the signalization of the intersection of Indrio Road and North US Highway One shall be completed. 10. As part of the construction of the project entrance at the intersection of Turnpike Feeder Road and North US Highway One, the developer shall provide at a minimum north-bound right turn lanes, south-bound left turn lane and all necessary signal modifications as may be required by St. Lucie County and the Florida Department of Transportation. 11. Along internal major streets within the development, final asphalt lifts shall not be completed until 70% or more of the accessing residential units are completed. 12. All primary and secondary streets within the Coconut Cove development, including the access to US Highway One shall include sidewalks satisfying all applicable County standards. 13. The proposed boat/recreational vehicle storage area shall be fenced on all four sides by either an opaque wood fence or wall, in conjunction with the indicated 15-foot landscape buffer. The wall or fence must be articulated. 14. Prior to the issuance of the first residential unit building permit, the developer shall have completed the execution of a final utility service agreement with St. Lucie County, indicating all developer obligations associated with servicing this site. The property on which this site plan approval is being granted is described below. PARCEL 1 ALL THAT PART OF THE NORTH % OF THE SOUTHEAST V. OF THE NORTHEAST V. OF SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST, LYING EAST OF THE RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY. PARCEL 2 ALL THAT PART OF THE SOUTH % OF THE SOUTHEAST V. OF THE NORTHEAST V. OF SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST, LYING EAST OF THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY. File No.: RZ-04-012 and PUD-04-011 July 12, 2005 Resolution 05-144 Page 4 \w ....¡ 1 PARCEL 3 2 3 THE SOUTH Yo OF THE NORTHWEST V. AND THAT PART OF THE NORTH Yo OF 4 THE SOUTHWEST V. LYING EAST OF THE RIGHT-OF-WAY OF THE FLORIDA EAST 5 COAST RAILWAY OF SECTION 5, TOWNSHIP 34 SOUTH, RANGE 40 EAST. 6 7 PARCEL 4 8 9 THE NORTH Yo OF GOVERNMENT LOT 2 IN SECTION 5, TOWNSHIP 34 SOUTH, 10 RANGE 40 EAST. 11 12 TOGETHER WITH THAT CERTAIN PRIVATE EASEMENT RECORDED IN DEED 13 BOOK 22, PAGE 178, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, 14 FLORIDA, AND THAT CERTAIN PERPETUAL ACCESS EASEMENT RECORDED IN 15 O.R. BOOK 1186, PAGE 506, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, 16 FLORIDA. 17 18 LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY: 19 20 BEING A PART OF THE SOUTHWEST V. OF SECTION 5, TOWNSHIP 34 SOUTH, 21 RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED 22 AS FOLLOWS: 23 24 PARCEL1G 25 26 THE SOUTH Yo OF THE NORTH Yo OF THE SOUTHWEST V. LYING EAST OF THE 27 EAST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD OF SAID 28 SECTION 5, TOWNSHIP 34 SOUTH, RANGE 40 EAST. 29 30 PARCEL 2G 31 32 THE SOUTH 60.00 FEET OF THE NORTH Yo OF THE SOUTHWEST V. LYING EAST 33 OF THE EAST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD OF 34 SAID SECTION 5, TOWNSHIP 34 SOUTH, RANGE 40 EAST. 35 36 TOGETHER WITH PERPETUAL, NON-EXCLUSIVE USE OF THAT CERTAIN 37 PRIVATE EASEMENT GRANTED IN DEED BOOK 222, PAGE 178, OF THE PUBLIC 38 RECORDS OF ST. LUCIE COUNTY, FLORIDA. RESERVING UNTO GRANTOR AND 39 INCLUDING GRANTOR'S SUCCESSORS AND ASSIGNS, PERPETUAL USE OF 40 SAID PRIVATE EASEMENT IN COMMON WITH GRANTEE. 41 42 TOGETHER WITH A PERPETUAL, NON-EXCLUSIVE EASEMENT AND RIGHT-OF- 43 WAY ACCESS, INGRESS, AND EGRESS OVER THAT CERTAIN PARCEL OF REAL 44 PROPERTY AS PROVIDED IN THE PERPETUAL ACCESS EASEMENT GRANTED 45 BY KENNEDY GROVES, INC. A FLORIDA CORPORATION IN FAVOR OF FLORIDA 46 INLAND NAVIGATION DISTRICT DATED SEPTEMBER 15, 1998, AND RECORDED 47 IN O.R. BOOK 1174, PAGE 2783, OF THE PUBLIC RECORDS OF ST. LUCIE 48 COUNTY, FLORIDA. 49 50 TOGETHER WITH A PERPETUAL, NON-EXCLUSIVE EASEMENT AND RIGHT-OF- 51 WAY FOR THE PIPELINE AND TRANSMISSION OF DREDGED MATERIALS OVER 52 THAT CERTAIN PARCEL OF REAL PROPERTY AS PROVIDED IN THE PERPETUAL 53 PIPELINE EASEMENT GRANTED BY KENNEDY GROVES, INC. A FLORIDA 54 CORPORATION IN FAVOR OF FLORIDA INLAND NAVIGATION DISTRICT DATED File No.: RZ-04-012 and PUD-04-011 July 12, 2005 Resolution 05-144 Page 5 ~ ., 1 SEPTEMBER 15, 1998, AND RECORDED IN O.R. BOOK 1174, PAGE 2787, OF THE 2 PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. 3 4 TOGETHER WITH: 5 6 THE NORTH 550 FEET, MEASURED ALONG THE EAST SIDE OF U.S. HIGHWAY 1, 7 AND LYING EAST OF RIGHT-OF-WAY OF SAID HIGHWAY IN THE NORTHEAST 8 QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 34 SOUTH, 9 RANGE 40 EAST. 10 11 AND ALSO THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST 12 QUARTER OF SECTION 5, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ADJACENT TO 13 AND ABUTTING ON ABOVE DESCRIBED PARCEL IN SECTION 6, TOWNSHIP 34 14 SOUTH, RANGE 40 EAST, BOUNDED ON THE EAST BY THE WEST SIDE OF 15 RIGHT-OF-WAY OF HIGHWAY NO. 605 (OLD DIXIE HIGHWAY), ALL BEING IN ST. 16 LUCIE COUNTY, FLORIDA. 17 18 AND ALSO INCLUDING: 19 20 THAT PART OF THE NORTH 550 FEET AS MEASURED ALONG U.S. HIGHWAY NO. 21 1, OF THE NW V. OF THE SW V. LYING BETWEEN OLD DIXIE HIGHWAY AND THE 22 FEC RAIL ROAD, SECTION 5, TOWNSHIP 34 SOUTH, RANGE 40 EAST, OF THE 23 PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. 24 25 PARCEL 6 26 27 SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST. COMMENCE AT THE 28 INTERSECTION OF THE SOUTH LINE OF THE NORTH Yo OF THE NORTHEAST V. 29 AND THE EAST RIGHT-OF-WAY LINE OF OLD DIXIE HIGHWAY; THENCE 30 NORTHWESTERLY ALONG THE RIGHT-OF-WAY OF OLD DIXIE HIGHWAY, A 31 DISTANCE OF 518.11 FEET; THENCE EAST A DISTANCE OF 80 FEET, MORE OR 32 LESS, TO THE WESTERN RIGHT-OF-WAY OF THE FLORIDA EAST COAST 33 RAILROAD; THENCE SOUTHEASTERLY ALONG THE RIGHT-OF-WAY OF THE FEC 34 RAILROAD TO A POINT WHICH IS DUE EAST OF THE POINT OF BEGINNING; 35 THENCE WEST 110 FEET OT THE POINT OF BEGINNING. 36 37 PARCEL 7 38 39 THAT PART OF THE NORTH Yo OF THE SOUTHEAST V. OF THE NORTHEAST V. 40 LYING BETWEEN THE WEST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST 41 RAILROAD AND THE EAST RIGHT-OF-WAY LINE FOR OLD DIXIE HIGHWAY. ALL 42 OF THE ABOVE LYING IN AND BEING A PART OF SECTION 6, TOWNSHIP 34 43 SOUTH, RANGE 40 EAST, IN ST. LUCIE COUNTY, FLORIDA. 44 45 PARCEL 8 46 47 THE NORTH Yo OF THE NORTH Yo OF THE NORTHWEST V. OF SECTION 5, 48 TOWNSHIP 34 SOUTH, RANGE 40 EAST; ALSO THE SOUTH Yo OF THE NORTH Yo 49 OF THE NORTHWEST 1/3 OF SECTION 5, TOWNSHIP 34 SOUTH, RANGE 40 EAST; 50 ALSO ALL THAT PART OF THE NORTHEAST V. OF THE NORTHEAST Yo, EXCEPT 51 THE NORTH 660 FEET THEREOF OF SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40 52 EAST, WHICH LIES EAST OF THE EAST RIGHT-OF-WAY LINE OF THE FLORIDA 53 EAST COAST RAILWAY; ALL LYING IN ST. LUCIE COUNTY, FLORIDA (SUBJECT 54 TO ALL EASEMENTS FOR PUBLIC ROADS AND DRAINAGE CANALS AND File No.: RZ-04-012 and PUD-04-011 July 12, 2005 Resolution 05-144 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 \w ...., SUBJECT TO ALL OTHER EASEMENTS, RESTRICTIONS, RESERVATIONS, DEDICATIONS OF RECORD) AND THE NORTH 660 FEET OF THE FOLLOWING DESCRIBED LAND; ALL THAT PART OF THE NORTHEAST Y. OF THE NORTHEAST Y. OF SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST, LYING EAST OF THE EAST RIGHT -OF·WAY LINE OF THE FLORIDA EAST COAST RAILWAY, ST. LUCIE COUNTY, FLORIDA; LESS ANY RIGHTS-OF-WAY FOR PUBLIC ROADS. AND GOVERNMENT LOT ONE IN SECTION 5, TOWNSHIP 34 SOUTH, RANGE 40 EAST IN ST. LUCIE COUNTY, FLORIDA; BOUNDED ON THE NORTH BY GENERAL DEVELOPMENT CORPORATION, BOUNDED ON THE EAST BY THE INDIAN RIVER, BOUNDED ON THE SOUTH BY KREISSIE, AND BOUNDED ON THE WEST BY RUSSELL AND POTEAT. SAID LAND CONTAINS 244.49 ACRES MORE OR LESS. Location: East side of Old Dixie Highway, at the St. Lucie Countyllndian River County Line) C. This Final Planned Unit Development Site Plan approval shall expire on July 12, 2007, unless an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code or Final Planned Unit Development Approval has been granted. D. The Final Planned Unit Development Site Plan/General Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Coconut Cove LLC, including any successors in interest, shall obtain all necessary development permits and construction authorizations form the appropriate State and Federal regulatory authorities, including but not limited to; the United Stated Army Corp of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. E. The conditions set forth in Section A are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Section A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. F. A copy of this Resolution shall be attached to the site plan drawings described in Part C, which plan shall be placed on file with the St. Lucie County Growth Management Department. After motion and second, the vote on this resolution was as follows: File No.: RZ-04-012 and PUD-04-011 July 12, 2005 Resolution 05-144 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 \.w Chairman Frannie Hutchinson Vice-Chairman Doug Coward Commissioner Chris Kraft Commissioner Paula Lewis Commissioner Joseph E. Smith ..." xxx xxx xxx XXX XXX PASSED AND DULY ADOPTED this 12TH day of July 2005. ATTEST Deputy Clerk File No.: RZ-04-012 and PUD-04-011 July 12, 2005 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney Resolution 05-144 Page 8 '-" 1 2 3 4 5 dpk 6 H:\projectsICoconut Cove\approvals\8CC\CoconutCove.Resolution.05144.doc I File No.: RZ-04-012 and PUD-04-011 July 12, 2005 ...., Resolution 05-144 Page 9 [gavid P Kelly - (;oêonut C~Final PUD3Phase I - final r~port.doè . ..." Page 1 I DEPARTMENT OF PUBLIC WORKS Environmental Resources Division _::~:~':.'~".-'''':" . .. .. .~.. ".,"',,''',''~"~..,·..x....,'' ,"·..,.."'_·..··o·'''·,,··_'.,·,,·.,,_..,,·.·,~_.''_,,··._,,,.·,. MEMORANDUM TO: David Kelly, Planning Manager FROM: Amy Mott, Environmental Regulations Supervisor DATE: July 6, 2005 RE: Coconut Cove PUD Phase 1- Final Planned Unit Development Site Plan Final Report All Threatened or Endangered plant species located within in the area of impact for the bridge construction will be relocated prior to the issuance of a SLC Vegetation Removal Permit. All trees requiring mitigation located within in the area of impact for the bridge construction will be determined prior to the issuance of a SLC Vegetation Removal Permit. According to Houston Cuozzo's response to Final ORC comments letter dated March 10, "It is the intent of the applicant to provide for a Lakela's Mint preserve area within scrub habitat to be preserved on the parcel west of Old Dixie Highway. The exact location of this scrub preserve area shall be based upon final road design and development of that property. Per Resolution 04-217, Condition 1, the developer is required to submit a plan indicating all areas of impact to the endangered species, (including) but not limited to the Lakela's Mint. In addition, this condition also requires that the developer submit a mitigation/relocation plan and a schedule for all impacted areas, prior to the issuance of any St. Lucie County Vegetation Removal Permits for any area west of Old Dixie Highway. Actions to avoid and minimize the impacts to endangered plant species on the western parcel during bridge/flyover construction are as follows: · Construction and clearing will be confined to the minimal area necessary to facilitate construction activities of the bridge/flyover. Biologists of R.L. Weight Consultants, Inc. (RLW) will identify individual plant species of Lakela's Mint and other endangered/threatened species located within construction areas with flagging tape. · All endangered/threatened plant species, including Lakela's Mint, flagged in construction areas shall be transplanted into appropriate scrub habitat outside of the designated construction areas. · Prior to clearing, Coconut Cove will ensure that scrub habitat not located in construction areas is protected with physical barriers during all clearing and G:\COMMON\ENVJRONMENTAl RESOURCES DIVISION\ENVIRONMENTAL REGULATJONS\SITE PLANS\COCONUT COVEI.COCONUT COVE FINAL PUD3 PHASE I_ FINAL REPORT,DOC ~ . Page ~ [Qavid P Kelly - còëòrî~tC\wFinàl PU03 Phase I - final report. doc construction activities. · All barricades (not including turbidity screens) will be high-visibility orange safety fence extending from the ground to a height of at least 4 feet. · Barricades will be upright and maintained intact for the duration of construction activities and will be inspected by RL Wand SLC ERD staff. · All native vegetation not slated for removal as part of the "Clearing Plans" will be retained in their undisturbed state. All cut or fill will meet existing preserve area grade without encroaching into the preserve areas. · No clearing or construction associated with the bridge/flyover will occur prior to the completion of transplanting endangered/threatened plant species. All endangeredlthreatened plant species located in proposed construction areas will be transplanted according to the following guidelines to ensure their continued survival on-site: · A sharp spade shovel shall be used to assure root wounds are clean cut during transplanting. A soil ball will remain attached to the root system to cause less root injury. · The trench will be dug deep enough to get below all major roots. All roots around the plant shall be severed before any lifting takes place. · Damaged roots will be clean-cut with a sharp blade prior to planting. If any circling or kinked roots are discovered during the transplanting procedure, they will be severed to prevent future girdling of the plant. · Planting holes will be dug deep and wide enough to accommodate the plant without cramping the roots, typically two or three times wider than the root ball. · Holes shall be pre-watered before planting to prevent initial postplant water from migrating away from the root ball. · Plants will be transplanted to the same depth they were growing in their previous location and will be oriented in the same direction, relative to the sun, as they were facing in the previous location. · Plants will be thoroughly watered immediately after planting. Thereafter, the soil will be regularly monitored to prevent drying out. If rainfall is inadequate, the soil around the plant's roots will be deeply watered approximately every 10-14 days. To further protect the endangered flora species located on the western parcel, including Lakela's Mint, Coconut Cove will provide the following strategies to the Final Scrub Preserve Area to ensure the continued survival of Lakela's Mint and its imperiled scrub habitat: Prevent Degradation of Habitat - · Limit access to the Preserve Area to maintain Lakela's Mint (D. immaculate) and its scrub habitat by preventing habitat damage through off-road vehicle use and trampling by pedestrians. Manage and Enhance Habitat - G:\cOMMON\ENVIRONMENTAL RESOURCES DIVISION\ENVIRONMENTAl REGUlATIONS\SITE PLANS\cOCONUT COVE\COCONUT COVE FINAL PUD3 PHASE 1_ FINAL REPORT. DOC ..." Page ~J rg,avid P Kèlly - Coconut C~inal PUD3 Phase I - final report:doc · Control exotic and invasive plants from establishing within the Preserve Area. Conduct vegetative thinning to reduce current shading effects by dense thickets of scrub oak and scrub hickory. Monitor Habitat- · Monitor the effects of the land management practices on the Lakela's Mint population. Provide Public Awareness - · Provide signs and posters along the perimeter of the Preserve Area to educate about the conservation effort of Lakela's Mint and its xeric scrub community." The seven conditions of approval listed in the staff report of the Preliminary PUD Site Plan, pertaining to environmental and landscaping issues shall also be included in the staff report for the Final PUD Site Plan approval! Phase I Site Plan approval. G:\COMMON\ENVIRONMENTAL RESOURCES OlVlSION\ENVIRONMENTAL REGULATIONS\SITE PLAN$\COCONUT COVE\COCQNUT COVE FINAL PUD3 PHASE 1_ FINAL REPORT. DOC 1120 "OF" 1120 ·....IF -- ~. -- ..wi ST. LUCIE BOARO OF COUNTY COMMISSIONERS PUBLIC HEARING July 12. 2005 fO WHOM IT MAY CONCERN; And The NOrlh 660 leet 01 the lollowing described land; all thet pert 01 the Northeast 1/4 01 the Northeast 1/4 01 Section 6, Township 34 South. Range 40 Eest. lying East 01 lI1e Eest right-of-way line 01 the Floride East Coast Reilwey. 51. Lucie County. Florida; less any rights·of-wey for public roeds. ~OTlCE is hereby given in accordanc. with Sec- tion 11.00.03 of the St. Lucie County Land Devel- opment Code and in accordance with the provi- sions of the St. Lucie County Compreh.nsive Plan that the lollowing epplicant has requested thet the St. LucIe Boerd of County Commissioners consider the lollowing reque.t. Coconut Cove, LLC for a change in zoning from RM-5, RS-2, and RIC to PUD (Plenned Unit Devel- opment . Coconut Cove) and for Final Planned Unit Development Site Plan Approval for e proj- ect known as Coconut Cove PUD on the following de.cribed property. Parcell And Government Lot One in Section 5, Township 34 South, Range 40 Eest in St. Lucie County, Floride; boundad on the North by General Development Corporation. bounded on the Ee.t by the Indien River. bounded on the South by Kreis.ie, and bounded on the West by Russell end Poteet. LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY: All that part of the North 1/2 of the Southeast 1/4 of the Northeast 114 of Section 6. Township 34 South, Range 40 East, lying Ee.t of the right-of- way of the Floride East Coast Reilway right-of. way. I B.ing e parI of the Southwest 114 of Section 5, Township 34 South. Range 40 East. 51. Lucie County. Floride, being more fully described as follows: Parcel 2 Allthet pert of the South 112 of the Southe..t 114 . of the Northeut 114 of Saction 6, Township 34 South. Range 40 East. lying Eest of the Florida East Coast Reilwey right-of-way. Parcel 3 The South 1/2 of the Northwest tl4 and thet pert of the North 1/2 of the Southwest 114 lying Eest of the right-of-w.y of the Florida East Coast Railway of Section 5, Township 34 Sourh, Range <10 E.st. Parcel 4 The North 1/2 of Government Lot 2 in Section 5 Township 34 South, Range 40 East. . . Together wirh that certain Private Ee.ement re- corded in Deed Book 222, Page 17S. of the Public Record. of St. Lucie County. Florida, and that cer- tain Perpetuel Access Easement recorcled in O.R. Sook 1166, Page 506, of the Public Records of St Lucie County, Florida. . AND ALSO INCLUDING: Parcella The South 1/2 of rhe North 112 of the Southwest 1/4 lying East of the Ee.t right-of-wey lin. 01 the Florida East Coasr Reilroad of said S.ction 5, Township 34 South. Range 40 Ee.t. Parc.12a The South 60.00 feet of the North 1/2 of the North 112 of the Southwe.t 114 lying E.st of the Eut right-of-w.y line of the Florid. East Coast Rail- road of .aid Section 5, T own.hip 34 Sourh, Range 40 East. TOGETHER WITH; Togeth.r with perpetual, non-exelu.iva us. of thet certain Privare Easement granted in Deed Book 222. Page 17S, 01 the Public Records of St. Lucie County. Floride. Reserving unto Grantor .nd in· cluding Grantor's succ.ssors .nd assigns, p.rpet- ual use 01 said PrÎvate Easement in common with Grantee. That part of the north 550 feet a. measured .Iong U.S. Highway No.1. of the NW 114 of the SW 114 IVi~g berwean Old Dixie Highway and the FEC Ra,l Road, Section 5. Town.hip 34 South. R.nge 40 Ea.t, of the Public Records of 51. Lucie County, Florida. I Together with · perpetual. non-.xclusive eas., ment and right-of-way for .cc.... ingress. and egras. over that certain parcel of reai prop.rty as provided in the Perp.tual Acc.ss Ea.ement grant- ad by Kennedy Groves, Inc.. a Florida corporation in favor of Florida Inland Navigation District det- ed September 15. 1995, and recorded in O.R. Book 1174, Page 27S3, of the Public Racords of St. Luci. County. Florida. Together with a perpetual, non-exclusive ease· ment and right-aI-way for the pipeline end trans· mi.sion of 'dredged materials over that certain oarcel of real property as providad in the Perpetu- al Pipeline Easement granted by Kennady Groves, Inc., . Florida corpor.tion in favor of Florida Inland Navigation District dated Sept.m- ber 15, 1998. and recorded in O.R. Book 1174. Page 2787, of the Public Record. of 51. Lucie County, Florida. PUBLIC HEARING will be h.ld in the Commission Chambers. Roger Poitras Annex, 3rd Floor, 51. Lu- cie County Administration Building. 2300 Virginia Avenu.. Fort Pierce. Florida on July 12. 2005, be· ginning at 6:00 P.M. or a. soon thereafter as pos· sible. PURSUANT TO Section 296.0105. Florid. Statutes., if a person decidas to appeal eny deci.ion made by a board, egency, or commi.sion with respecl to any mattsr considered at a meeting or hearing, he will need e record of the proce.dings, and that. for such purposes. he may need to ensure that e verbatim record of the proc.edings i. made, which record ¡ndudes the testimony and evidence upon which tha appaal is to be based. Parcel 6 S.ction 6. Township 34 South. Range 40 East. Commance .t the intersaction of the South line of the North 112 of the Northaest 1/4 and rhe Eest right-of-way line of Old Dixie Highway' thence Northwestarly Ilong the righl·of-way of Óld Dixie Highway, e distance of 518.11 feet; thence East a distance of SO feet. more or less, to the Western right-ol-way of the Florida East Coast Railrold; thence Southeasterly along the rlght·of-way of the FEC Railroad to a point which is due Ea.t of Ih. Point of B.ginning; thence West 110 feet to the Point of Beginning. arcel7 ha' part of the North 1/2 of the Southea.t 114 ot ·h. Northeast 114 lying between the West right-of- Nay line of the Florida East Coast Railroed and [he East right-of-way lina for Old Oixie Highway. All of th. above lying in and baing a part of Sec- t,on 6. Town.hIP. 34 South, Range 40 East, in SI. Lucie County, Flonde. Parc.1 8 The North 1/2 of the North 1/2 of the Northwest 114 of Section 5. Town.hip 34 South. Range 40 Ea.t; elso the South 1/2 of the North 1/2 of the Northw.st 1/4 of Section 5, Township 34 South, Range 40 East; al.o all that part of lI1e Northaast 114 of the Northeast 114. .xc.pt th. North 660 feet thereof of Section 8, Township 34 South, Range 40 East, which lias East of the Ea.t right-ot-wey lina of the Florida Esst Coast Railway; all lying in St. Lucie County. Florida (subject to all eas.mants for public roads and drainage canals and subject to all other easements, restrictions, reservations, dedications of record) BOARO.OF COMMISSIONERS ST. LUCIE COUNTY. FLORIDA Frannie Hutchin.on, CHAIRMAN . "-' """" ..... z " ~'\ ill -'. ,..- ~( > C\J"'- 0 ,..-0 i Ü 01 I .q- " . : I . +-' .q-o " :J 0 ~ c c j NO ~~ I 0 ~CI ü 0::::) - 0 \-{ 0- f Ü í'" '^, .... -.. ~ \ \ "= '" In C '" In øwow ..&111 0 '" '" +-' ç GWOI ClmJ' ü·~ ~ ¡", z ( )rn " :J '--'0 OWDII ".&1'11'001II ~~ 0 eo ç ü z o......J -- :J 0 --. ØfOW :It, DmII Ü a: ~ i I - -> ...... ã: !, i '" 5'1 '" Z .. ;;1 I f= '" .. cc t '" ~ '" _ CD'" 4mIaI ..1""" :::E Z '" ~ j is .~ :;;; .,. ! 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'-- ,,: ~ - - \ J\ÌÖ~'} ~)1 CJ9'W ~ a u õg. 0(J .(1) ,^ (3-0 3c:: .Q t) -J.... I <~ '~ ¡ 9101 JeLl JEK KN/HH I'-1H 11-15-04 5-29-05 1-05-05 Job No. Draum By Checked By Approved By Submittal Dates 12. A continuous hedge shall be provided around all back- siphonage and backflow preventers to form a 4' high solid visual screen within one year after the time of planting. Revision Dates 1-0b-05 ( Per" 5t, Luc.le c.ounty eFØJ j , ¡ t1 1200' ç Sheet L 1 Nort~eceíved BJ of I 400' ,...... I 0' 100' 200' Growth Management SEDIMENT CONTROL PLAN RAlNAGE PLAN :WER pLAN ~OAD PLAN & PROFILE ~OAD PAVEMENT MARKING & SIGNAGE PLAN IT GRADING PLAN FILE ~, ~RAlNAGE DETAILS . c- AlLS fAILS : SEDIMENT CONTROL DETAILS ON DETAILS . . ~ . rIONS ... r ~ ~ ~;...., ..... .. ... -,.,.".",:-,y.,;..<,.,:-, " .... .,.....:..,. ".\-,- <':':-.>'<"'-"~."" .. -z. .. ~,.;:~~ COCONUT COVE PHASE 1 03-076 SHEET 1 OF --'-~~ / '- ....,.¡ ~ iÕÜNTY~ FLORIDA ~ Board of County Commissioners: July 12, 2005 File Number PA-05-002 MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO: Board of County Commissioners FROM: David P. Kelly, Planning Manager DATE: June 30, 2005 SUBJECT: Application of Vero Vista Center, LLC, for a Change in Future Land Use Designation from COM (Commercial) to MXD (Mixed Use - High Ridge) LOCATION: East side of US 1, approximately 118 to 0/4 mile south of the St. Lucie County/lndian River County line (Please see attached petition map showing subject parcels) CURRENT FUTURE LAND USE DESIGNATION: COM (Commercial) PROPOSED FUTURE LAND USE DESIGNATION: Mixed Use US 1 Activity Area (MXD- High Ridge) EXISTING ZONING: Commercial General (CG) ~ PROPOSED ZONING: MXD (MXD-High) PARCEL SIZE: 46 acres PROPOSED USE: Mixed Use, subject to sub-area policies SURROUNDING FUTURE LAND USE DESIGNATIONS: COM (Commercial) to the north, west and south. RU (Residential Urban - 5 dulgross acre) to the east. SURROUNDING ZONING DESIGNATIONS: U (Utilities) to the north; to the east, RM-5 (Residential Multiple Family - 5 dulgross acre), two parcels with CG (Commercial General) and RS-2 (Residential Single Family - 2 dulgross acre); and CG (Commercial General) to the south and to the west. / '-' .....¡ June 30, 2005 Page 2 Petition: Vero Vista, LLC File Number: PA-05-002 SURROUNDING EXISTING LAND USES: Office Building/storage facility and radio station to the north. To the east, the northernmost use is 'acreage, not zoned agricultural'. The remaining land is currently occupied by miscellaneous agricultural uses, including sale of ornamentals, with the exception of two small parcels containing single family homes. A vacant restaurant use is located to the south. To the east, south of the southern Turnpike Feeder Road branch, the uses located south to north include: a one-story retail store, a vacant commercial structure, a bar and a gas station. Between the south and north Turnpike Feeder Road branches, the uses located south to north include: 'acreage, not zoned agricultural', a mobile home park, two vacant commercial structures, a motel, a home for the aged and a gas station. UTILITY SERVICE: The subject property is within the St. Lucie County Utilities Service Area. Public water and sewer lines are under construction from the south, along US 1, to the St. Lucie County/Indian River County line. TRANSPORTATION IMPACTS: RIGHT-OF-WAY ADEQUACY: The existing right-of-way width of US 1 at this location is 200 feet. The existing right-of-way width of Old Dixie Highway at this location is 66 feet. SCHEDULED IMPROVEMENTS: None TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. ************************************************************************************************************ A future land use amendment is not regarded as a development order as defined in Florida Statutes and does not imply that any specific development scenario can occur on the property. No right to obtain a final development order, or any other rights to develop the subject property are granted or implied by the County if the requested Comprehensive Plan amendment is approved. Analysis of potential impacts at the land use amendment stage is undertaken to determine if other portions of the Comprehensive Plan need to be revised as a result of approval of the land use amendment. Concurrency rights cannot be considered at the land use amendment stage because actual projects proceeding toward a final development order will enter the development review process between the time that a land use amendment is under consideration for approval and a final project is brought forward to use that approved land use amendment. Prior to the issuance of any final development order, the developer must demonstrate that all public facilities are available to service the parcel and obtain a Certificate of Capacity. *****************************************************.******************************************************* '-' -..J June 30, 2005 Page 3 Petition: Vero Vista, LLC File Number: PA-05-002 DATA AND ANALYSIS BACKGROUND The applicant is requesting a change in the Future Land Use classification of the 46 acre subject site (containing six parcels) from Commercial (COM) to Mixed Use (MXD) High Ridge. The site's existing COM Future Land Use classification is intended to accommodate all the commercial zoning districts identified in the St. Lucie County Land Development Regulations. Predominant uses are general retail and office. The existing zoning of all six parcels is Commercial General (CG). The surrounding Future Land Use designations are summarized above and shown on the attached Future Land Use Map. (Please see "Land Use" map, showing adjacent Future Land Use designations and those within X mile of the subject site.) The subject site contains several uses, some of which are now vacant. (Please see "Existing Land Use" map, showing uses as identified by the St. Lucie County Property Appraiser's code.) The northernmost property, identified as 'Mixed Use, store and office/residential' contains a driving range and a vacant commercial building that was formerly a beauty salon. In the central portion of the subject site are located two single family structures and a vacant commercial building. The southern most parcels contain vacant commercial buildings. The surrounding existing uses are also shown on the above referenced "Existing land Use" map. *********************************************************************************************************** APPLICANT PROPOSAL AND REASONS FOR REQUEST The applicant requests a land use amendment to Mixed Use (MXD) High Intensity, subject to sub-area policies that would be adopted into the St. Lucie County Comprehensive Plan to be shown on the Mixed Use Activity Center map. The sub-area policies proposed by the applicant include the following: 1. Residential land uses shall be limited to a maximum of 586 dwelling units and a minimum of 250 dwelling units. 2. The maximum 40% residential threshold set forth in Section 7.03.03.A of the St. Lucie County Land Development Code will not be applicable to development on this site. 3. The maximum non-residential square footage permitted is 200,000 square feet and the minimum is 100,000 square feet. 4. Residential dwelling units or spaces are permitted above lower level non-residential uses. 5. Designated transit stop locations shall be provided within the Village (MXD) Center. 6. A variety of housing types are encouraged with generally higher densities located in proximity to the Village (MXD) Center. 7. Public open space shall be provided with each neighborhood. 8. Where physically possible, each neighborhood shall be planned so that most housing units are within walking distance of the Village (MXD) Center. Subsequent to the public hearing before the Local Planning Agency (LPA), the applicant submitted a letter (dated June 29, 2005) proposing additional changes to the sub-area policies. The letter (which is attached to this memorandum; please see "Correspondence" section of attachments) would further restrict the development by limiting the maximum number of residential dwelling units to 450, and would specifically require future development plans to /' \.,; ..-.; June 30, 2005 Page 4 Petition: Vera Vista, LLC File Number: PA-05-002 address the Lakela Mint protected plant species found on site by dedicating a preserve area and taking such additional steps as are necessary to protect the plant In addition to these sub-area policies, the applicant further restricts the petition by eliminating any heavy industrial or industrial extraction within the proposal. Uses that will be allowed would be limited to residential, professional service/office, general commercial, light industrial and public service/utility uses. The applicant provides the following reasons for the request: 1. The applicant states that the request is "intended to facilitate the planning and development of a true mixed use community in this unique and geographically strategic location of the County." 2. The applicant states that, in contrast to the Commercial Future Land Use designation, the Mixed Use designation allows "the utilization of innovative land use concepts to create a mixed use community including a variety of housing choices and residential units located above non-residential uses", and that these concepts cannot be accomplished using the existing St Lucie County land development regulations that implement Land Use designations other than Mixed Use. 3. The applicant notes that aI/ projects developed within the Mixed Use (MXD) land use designation are required to provide a conceptual master plan that segregates uses as to intensity and that is 'compatible with internal and external adjacent land uses.' The applicant states that such a master plan will be a part of this land use amendment ............................................................................... STAFF FINDINGS 1. The Intent of the Mixed Use Land Use designation, according to the Future Land Use Element of the S1. Lucie County Comprehensive Plan, is to "... identify those areas where innovative land use concepts are encouraged. Application of this district should be with prudence, and should be only to those areas where traditional land use classifications do not afford the desired flexibility and community input in land use planning necessary to address local concerns. Candidates for this district include al/l-95 interchange areas, the St. Lucie County International Airport, Community Development Districts created pursuant to Chapter 190, Florida Statutes and areas of special or unique environmental consideration that may not be appropriate for traditional land use designations." Two of the locational criteria listed in the "Intent" statement apply to the subject property. Two species of endangered plant species have been identified on the site. A final development plan will need to address provisions to protect these species, and the required master plan can enable the County to ensure that this is accomplished. If the site remains classified as a standard land use category, such preservation may be more difficult to achieve. In addition, although the subject site is not located at an 1-95 interchange area, the site is 'an area of special consideration' because of its location as a narrow band of land between two major roadways and in close proximity to the Turnpike Feeder road. According to the Metropolitan Planning Organization (MPO) adopted Long Range Transportation Plan for 2025, the portion of US 1 located between Indrio Road and 25th Street is identified as a 'congested roadway'. That analysis includes the anticipated trips from the subject property as a Commercial property. One of the benefits of the Mixed Use land use is the potential for absorbing some of the work and shopping trips internal/y, within the mixed use development. Therefore, consideration of Mixed Use land use for a land located in close proximity to major roadways may benefit the future functioning of those roadways. / '- ,...,¡ June 30, 2005 Page 5 Petition: Vero Vista, LLC File Number: PA-05-002 2. Staff notes that the subject site is within the North St. Lucie County Charette Area. A proposal for mixed use that is subject to the sub-area policies proposed by the applicant can achieve greater consistency with the intent and policies of the North St. Lucie County Charette Area than would a proposal for a use with the Commercial land use designation. 3. Staff also notes that the subject site has had a commercial designation at least since 1990 and contains several small vacant commercial properties. It is noted that many market factors can account for vacancies. However, the policy direction of the St. Lucie County Comprehensive Plan calls for restricting urban development activities to that area identified as the Urban Service Area. The first paragraph of Land Use Policy 1.1.5.1 states: "Urban development activities shall be restricted to that area identified as the Urban Service Area. Urban development activities are defined, for the purpose of this Policy, as any residential development activity in excess of two units to the gross acre, any non-agricultural commercial activity or any non-extractive, non-agriculturally related industrial activity." In order to support and implement the policy direction of the Comprehensive Plan, it is necessary to encourage urban activities to develop on lands such as this site, which is located within the Urban Service area. The subject site has not redeveloped with the standard "Commercial" land use designation that has been in place on this site. As the Mixed Use designation allows a nontraditional arrangement of uses, changing the land use designation may serve to attract urban development activities back to this site, thus supporting the policy direction of the St. Lucie County Comprehensive Plan by encouraging the development of uses that might otherwise seek a location beyond the Urban Service area boundary. (The development pattern that results when land within an urban service area is overlooked in favor of land in more rural areas is a form of sprawl called "leapfrog development", and would not be consistent with the policy direction of the St. Lucie County Comprehensive Plan, or with the requirements of Chapter 163, Florida Statutes.) *********************************************************************************************************** Any proposed amendment to the St. Lucie County Comprehensive Plan may be reviewed by several state and regional agencies. The State Department of Community Affairs, which is identified by Chapter 163, Florida Statutes (FS) as the "Land Planning Agency" for the state, has the responsibility to determine if proposed amendments are consistent with and further the St. Lucie County Comprehensive Plan, the State Comprehensive Plan, the Strategic Regional Policy Plan, and Chapter 163, FS. The St. Lucie County Local Planning Agency, which is the Planning and Zoning Board, has the responsibility according to subsection 163.3174(4)(a), FS, to "make recommendations to the governing body regarding the adoption or amendment" of the St. Lucie County Comprehensive Plan. ............................................................................... CONSISTENCY WITH THE ST. LUCIE COUNTY COMPREHENSIVE PLAN In reviewing this application for a proposed amendment to the St. Lucie County Future Land Use Map, staff finds that the following Intent statement and Goals, Objectives and Policies of the County Comprehensive Plan area applicable to this petition. FUTURE LAND USE ELEMENT The proposed amendment appears to support and further this element. MXD (Mixed Use Development) As noted above, the language that defines the Intent of the Mixed Use Development designation states that this designation is intended: "... to identify those areas where innovative land use concepts are encouraged. Application of this district should be / \wr '...I June 30, 2005 Page 6 Petition: Vera Vista, LLC File Number: PA-05-002 with prudence, and should be only to those areas where traditional land use classifications do not afford the desired flexibility and community input in land use planning necessary to address local concerns. Candidates for this district include all 1-95 interchange areas, the St. Lucie County International Airport, Community Development Districts created pursuant to Chapter 190, Florida Statutes and areas of special or unique environmental consideration that may not be appropriate for traditional land use regulations." The presence of endangered plant species supports the amendment, because the amendment allows greater control by the County of a master plan that will protect the species. The configuration of roadways abutting the subject site also supports the site as an area in need of land use regulations other than those traditionally employed with the existing Commercial land use designation, in order to ensure public safety. OBJECTIVE 1.1.5: In coordination with the other elements of this plan, future development within the Planned Urban Service Area shall be directed to areas where urban and community services/facilities can be provided in the most efficient and compact manner so as to discourage the proliferation of urban sprawl. The proposed amendment directs development and redevelopment activities into an area of the county already intended to be serviced with urban services such as water and sewer, pursuant to this Objective. Urban sprawl is discouraged by the proposed amendment's location in the urban service area and its close proximity to facilities and services. Also, as noted under staff findings above, the proposed amendment is consistent with and supports Policy 1.1.5.1. Policy 1.1.5.3: When considering any amendment to the Future Land Use Maps of the County's Comprehensive Plan, the County Commission shall make the following findings, supported by the other elements of this Plan, prior to taking any approval actions granting an individual amendment to the Future Land Use Maps: 1. That the property under a land use amendment application is adjacent to, or within no more than % mile of the same or greater type of land use classification. The site of the proposed MXD-US 1 Future Land Use classification is presently within % mile of land with Commercial (COM) designation to the north, west, and Residential Urban (RU) land to the east. To the west, within % mile, the land use designations include Commercial (COM) and Public Facilities (P/F). The sub-area policies proposed by the applicant will ensure that housing units with greater densities will be located to the center of the proposed mixed use village, thus ensuring that any residential units located toward the eastern boundary (near the RU land) would be compatible with the maximum densities allowed in the RU land. It is noted that the RU land is the site of the proposed Coconut Cove Planned Unit Development (PUD), which may ensure even greater compatibility with the proposed Mixed Use Village because the PUD will contain a mixture of multi-family and single family units. The conceptual plan proposed by the applicant (please see map entitled "ExhibitCConceptual Development Plan") locates a preserve area to the southeast, which will also ensure compatibility with the RU land use. The placement of the Mixed Use Villa~e Center at th~western boundary of the site 9irectIYél.~1ªç~nttºl"I~L~ensure compatibility· with the Commercial (COM) tands located to the west. sub-area olicies ro osed for the Mixed Use Village will also aCf,ieve compatibilit with e ro osed land use pattern intended to be a op e for the o t. Lucie çountyCbarreü.e.ªrea, whic IS oca eo' site and nofÏÑÎffliiïTheK mHe"tange. .. -.- That the property under land use amend,.,ent consideration lies within the Five Year Capital Improvement Program of the Water and Wastewater Master Plan for St. Lucie County or otherwise meets the requirements of Policy 1.1.5.4. / ~ .....,¡ June 30, 2005 Page 7 Petition: Vero Vista, LLC File Number: PA-05-002 St. Lucie County Utilities Department is presently constructing 12" water and wastewater lines along US 1 that will be available to serve the subject site. Objective 1.1.7: Future development and redevelopment activities shall be directed to those areas depicted with urban land use designations on the Future Land Use Map and are to be consistent with sound planning principles contained in the goals, objectives and policies of this plan. The subject site is within the Urban Service Area and already has the urban land use designation of Commercial (COM). However, as noted in staff findings above, the site contains commercial structures that have been left vacant. The proposed land use amendment can enable the site to redevelop, thus supporting this Objective by steering urban development to an area intended to accommodate such development. Goal 1.2: Recognize that land use and transportation must be considered concurrently in all planning, and to the extent feasible, modify current land use patterns to decrease dependence on the automobile in order to minimize the need for future roadway expansion and promote the use of alternate modes of transportation. The sub-area policies proposed for this amendment will include a transit stop within the proposed development and will allow a mixture of office, institutional, light industrial and commercial uses in close proximity to residential units. These policies provide an opportunity to decrease automobile trips through the use of alternate modes of transportation, such as bicycling, walking and public transportation, thus supporting this Goal. TRANSPORTATION ELEMENT A future land use amendment is not regarded as a development order as defined in Florida Statutes and does not imply that any specific development scenario can occur on the property. No right to obtain a final development order, or any other rights to develop the subject property are granted or implied by the County if the requested Comprehensive Plan amendment is approved. Analysis of potential impacts at the land use amendment stage is undertaken to determine if other portions of the Comprehensive Plan need to be revised as a result of approval of the land use amendment. Concurrency rights cannot be considered at the land use amendment stage because actual projects proceeding toward a final development order will enter the development review process between the time that a land use amendment is under consideration for approval and a final project is brought forward to use that approved land use amendment. Prior to the issuance of any final development order, the developer must demonstrate that all public facilities are available to service the parcel and obtain a Certificate of Capacity. The proposed amendment has been determined not to conflict with this element. GOAL 2.1: Provide safe and efficient integrated multi-modal transportation system which addresses the future needs of St. Lucie County for movement of people and goods, and which considers social, economic, energy and environmental effects of the transportation system. The proposed land use amendment supports and furthers the implementation of this Goal by proposing to include public transit in the design of the project, and by proposing walkable development patterns that will enable safe pedestrian and bicycle transportation within the development. '-" "-" June 30, 2005 Page 8 Petition: Vero Vista, LLC File Number: PA-05-002 Policy 2.1.1: The St. Lucie County transportation system shall be reviewed in coordination with any requested changes to the Future Land use Element or other related component of this plan. A report on the impacts to the system brought about by any proposed land use changes shall be prepared and presented to the Board of County Commissioners as part of the review of that Land Use change. The applicant provided a traffic analysis statement estimating the trips associated with the maximum potential development for both the current and proposed Future Land Use classifications, and the trip generation for the proposed land use amendment as limited by the proposed sub-area policies that set lower maximum caps for residential units and non- residential square footage. The daily, AM Peak Hour and PM Peak Hour trip generation calculations provided by the applicant indicate that the proposed land use generates fewer trips than the existing Land Use designation. (Please see attached table labeled "Table 1, Vero Vista Center, LLC, Land Use Plan Amendment & Zoning Change Application, Trip Generation"). Although the analysis performed by the applicant's consultant determined that the proposed amendment would reduce traffic in comparison to the traffic that would result from the existing land use designation, the consultant also analyzed whether roadways in the vicinity of the proposed project would be able to meet their Levels of Service. This further analysis showed that intersection laneage and signalization improvements at the intersections of US 1 with Indrio Road and with the southern Turnpike Feeder Road would result in satisfactory operation of the roadway network through buildout of the proposed project. Road and Bridge Department review The Road and Bridge Department staff reviewed the Transportation Analysis Statement. Their comments indicated their understanding that a Land Use amendment includes a concurrency deferral, and that roadway concurrency would be determined in conjunction with a formal development application. Given that fact, the Road and Bridge review stated that an application for formal development would need to determine whether a decrease in trips would occur, and what the actual impact on the roadway system would be. Additional information will be necessary at that time. st. Lucie Metropolitan Planning Organization review The S1. Lucie Metropolitan Planning Organization (MPO) staff reviewed the proposed Land Use amendment and noted that it is not in conflict with the MPO's adopted 2025 Long Range Transportation Plan. (Please see attached letter from the St. Lucie Metropolitan Planning Organization.) HOUSING ELEMENT The proposed amendment has been determined not to conflict with this element. Policy 5.1.1.2: The County shall continue to permit high density residential development in Planned Mixed Use Development projects. The proposed amendment furthers the above Policy. '-" ...I June 30, 2005 Page 9 Petition: Vera Vista, LLC File Number: PA-05-002 INFRASTRUCTURE ELEMENT The applicant has provided documentation about the potential impacts on potable water, sanitary sewer, solid waste and drainage services. This analysis is provided to comply with the requirements of Rule 9J-11, Florida Administrative Code, and is not a concurrency reservation analysis. Prior to any Final Development Order for the property the applicant must obtain a Certificate of Capacity, which demonstrates sufficient capacity in these services exists to serve the property. . Sanitary Sewer Sub-Element The proposed amendment has been determined not to conflict with this sub-element. The subject property is within the St. Lucie County Service area. The St. Lucie County Utility Staff advised that new wastewater lines will be extended from future plants at the airport on Indrio Road, and that the plans include construction within the next five years. Utility Staff also advised that US 1 currently has a 16" sewer line on the west side of the roadway. Policy 6D.1.2.3: The standards for level of service for sanitary sewer systems other than those owned and operated by Fort Pierce Utilities Authority shall be Permanent and Seasonal Residents - 85 gpcd; Employee - 102 gpcd and school student - 17 gpcd. Assuming that the existing future land use designation would yield a maximum of 1,004,951 square feet of retail floor area (based on the maximum 50% lot coverage allowed in Commercial General zoning district), and that 598 square feet is needed per employee (according to the calculations of the "Fiscal Impact Analysis Model" ["FlAM"] created by Fishkind and Associates for calculating costs and revenues for land use changes), the estimated number of employees for the subject property with its current "Commercial" classification would be 1,680 employees. At a level of service of 102 gallons per capita per day for employee, the resulting daily demand would be 171,360. If the amendment is adopted as proposed with the sub-area policies and limitations, a maximum of 450 residential units and 200,000 square feet of nonresidential (assume general retail) could be built. With a person per household rate of 2.47 (Census 2000), the residential wastewater generation would be 450 units X 2.47 :::; 1,111 persons. At a rate of 85 gallons per capita per day, the wastewater generation rate would be 94,477. For the 345 employees who are estimated to result from the 200,000 square feet, and who would generate wastewater at a rate of 102 gallons per capita per day, the wastewater generation could be 35,190 gallons per day. The total daily demand for wastewater treatment if the amendment is adopted as proposed is estimated at 129,667 gallons per day, which would be a lower demand than that generated by the subject site with its current land use designation. Prior to any final development order approvals, the applicant would provide more information, and would need to demonstrate that sufficient capacity is available to service the project. . Solid Waste Sub-Element The proposed amendment is not in conflict with this sub-element and would not reduce the Level of Service standards for the County's solid waste facility as set forth by Policy 68.1.1.1. The level of service specified in that Policy is 9.31 pounds per capital per day. '-- ."..; June 30, 2005 Page 10 Petition: Vero Vista, LLC File Number: PA-05-002 Assuming that the existing future land use designation would yield a maximum of 1,004,951 square feet of retail floor area (based on the maximum 50% lot coverage allowed in Commercial General zoning district), and that 598 square feet is needed per employee (according to the calculations of the "Fiscal Impact Analysis Model" ["FlAM"] created by Fishkind and Associates for calculating costs and revenues for land use changes), the estimated number of employees for the subject property with its current "Commercial" classification would be 1,680 employees. At a level of service of 9.31 pounds per capita per day for employee, the resulting daily production of solid waste would be estimated at 15,641 pounds per day. If the amendment is adopted as proposed with the sub-area policies and limitations, a maximum of 450 residential units and 200,000 square feet of nonresidential (assume general retail) could be built. With a person per household rate of 2.47 (Census 2000), the residential solid waste generation would be 450 units X 2.47 = 1,111 persons. At a rate of 9.31 pounds per capita per day, the solid waste generation rate would be 10,343 pounds per day. For the 345 employees who are estimated to result from the 200,000 square feet, and who would generate solid waste at a rate of 9.31 pounds per capita per day, the solid waste generation could be 3,212 pounds per day. The total daily demand for solid waste capacity if the amendment is adopted as proposed is estimated at 13,555 pounds per day, which would be less than the estimated demand for the existing future land use designation. Prior to any final development order approvals, the applicant would provide more information, and would need to demonstrate that sufficient capacity is available to service the project. According to the St. Lucie County Comprehensive Plan, the County's Solid Waste facility currently has a 30-year capacity based upon current usage and will not need to begin to assess disposal options until the year 2015. . Drainage and Aquifer Recharge Sub-Element The proposed amendment is not inconsistent with this sub-element. In accordance with Objective 6C.1.4.2 of this element, all development will be conditioned on the ability of the design of the project to comply with stormwater management standards necessary to maintain the level of service standards for stormwater set forth in Policy 6C.1.1.2. Objective 6C.3.2 requires development to protect the functions of natural groundwater recharge areas. Existing wellfields are not located in proximity to this proposal, and are not anticipated to be impacted by this proposal. Prior to any final development order approvals, the applicant would provide more information, and would need to demonstrate compliance with the levels of service. . Potable Water Sub-Element The proposed amendment has been determined not to conflict with this sub-element. The subject property is within the St. Lucie County service area. Staff of the Utility Department report that plans are now underway for the expansion of the Holiday Pines water plant to serve the north county area in the near future. New water lines will extend from that plant and future plants at the airport on Indrio Road. New water lines will be on US 1. \.- 'wi June 30, 2005 Page 11 Petition: Vero Vista, LLC File Number: PA-05-002 Policy 6A.1.2.3: The level of service standard for potable water systems other than those owned and operated by Ft. Pierce Utilities Authority shall be permanent and seasonal residents -100 gpcd, employees - 120 gpcd and school students - 20 gpcd (gallons per day per capita). Assuming that the existing future land use designation would yield a maximum of 1,004,951 square feet of retail floor area (based on the maximum 50% lot coverage allowed in Commercial General zoning district), and that 598 square feet is needed per employee (according to the calculations of the "Fiscal Impact Analysis Model" ["FlAM"] created by Fishkind and Associates for calculating costs and revenues for land use changes), the estimated number of employees for the subject property with its current "Commercial" classification would be 1,680 employees. At a level of service of 120 gallons per capita per day for employee, the resulting daily demand for potable water would be estimated at 201,600 gallons per day. If the amendment is adopted as proposed with the sub-area policies and limitations, a maximum of 450 residential units and 200,000 square feet of nonresidential (assume general retail) could be built. With a person per household rate of 2.47 (Census 2000), the residential water demand would be 568 units X 2.47 = 1,111 persons. At a rate of 100 gallons per capita per day, the potable water demand would be 111,100 gallons per day. For the 345 employees who are estimated to result from the 200,000 square feet, and who would demand potable water at a rate of 102 gallons per capita per day, the potable water demand could be 35,190 gallons per day. The total daily demand for potable water if the amendment is adopted as proposed is estimated at 146,290 gallons per day, which would be a decrease in estimated demand in comparison with the existing future land use. Prior to any Final Development Order approvals, the applicant would be required to provide more detailed information and to demonstrate that sufficient capacity is available to service the project. COASTAL MANAGEMENT ELEMENT The proposed amendment has been determined not to conflict with this element. CONSERVATION ELEMENT The proposed amendment has been determined not to conflict with this element because of the applicant's inclusion of a Preserve Area in the sub-area policies to address preservation of sensitive resources. Objective 8.1.8: The County shall protect native upland habitats, and shall prevent the net loss of listed species and their habitat. This shall be accomplished through the County Environmentally Significant Lands Acquisition program, ongoing natural resource protection programs and the implementation of land development regulations. The applicant provided an Environmental Assessment of the subject property. The Environmental Assessment identified the presence of several environmental assets, one of which was already known to the County. The Environmental Assessment reports that a total of 21.93 acres of native upland habitat are contained on the subject site. The upland habitat includes sand pine, oak hammock and sand live oak. ~ 'wi June 30, 2005 Page 12 Petition: Vera Vista, LLC File Number: PA-05-002 St. Lucie County's Land Development regulations, at Section 2.00.000 defines "Environmentally Sensitive Resources or Habitats" to include "habitats that include... protected species". The presence of gopher tortoise burrows and flora that is listed on state or federal endangered plant lists (Lakela's mint and large flower rosemary), found within the sand pine and sand live oak areas, will mean that those areas are characterized by the County as environmentally sensitive native upland habitats. Lakela's mint is found only along the dune system of the Atlantic Coastal Ridge in southern Indian River County and in northern St. Lucie County. It was placed on the Federal list in 1985 because of its extremely small range and the rate at which its habitat was being destroyed. Without management, according to the Institute for Regional Conservation, the species may become extinct. St. Lucie County's Land Development regulations at Section 6.04.01 C provides criteria that must be followed in order for a development to seek approval when the site contains listed species. By defining a Preserve area on the proposed future land use map and conceptual site plan, the applicant has taken the first step toward the necessary process. Upon submittal of an actual development plan, the applicant will need to develop protection plans, a preserve management plan and deed restrictions, as well as a plan to relocate isolated stands of sensitive flora to the Preserve area. In addition, Section 6.00.05 C. D of the St. Lucie County Land Development Regulations contains requirements for mitigation of impacts on native trees of 12" or greater diameter at breast height. The Environmental Assessment states that such trees (live oak and sand pine) do exist on the subject site, so the applicant will be required to provide mitigation plans at the time that actual development plans would be submitted, in order to support and further the implementation of Objective 8.1.8 RECREATION AND OPEN SPACE The proposed amendment has been determined not to conflict with this element because of requirements that will ensure that the project will bear its fair share of the cost of providing recreation and open space facilities. The current future land use designation of Commercial does not create a demand for recreational facilities. The proposed amendment will create a demand. Should the amendment be approved, the development would need to pay impact fees in order to ensure that it does not conflict with this amendment. The Level of Service for recreational facilities established in the St. Lucie County Comprehensive Plan is contained in Policy 9.1.1.1 of the Recreation and Open Space Element. Policy 9.1.1.1 Level of Service for Recreation and Open Space shall be as follows: . Community Parks: 5 acres/1000 residents in the unincorporated area . Regional parks: 5 acres/1000 residents countywide. If the amendment is adopted, a maximum of 450 dwelling units are proposed. With a person per household rate of 2.47 (Census 2000), the total population is estimated as 1,111. The standard of 5 acres/1000 population for community parks produces a demand of 5.5 acres in community park acreage to meet the needs of the proposed residents. According to the information contained in Table 9-1 of the Recreation and Open Space Element of the St. Lucie County Comprehensive Plan, the total community park acreage is 160.3. The projected unincorporated permanent resident population for 2005, according to the Recreation and Open Space Element, is 70,951, which would require a community park total acreage of '-" .....J June 30, 2005 Page 13 Petition: Vero Vista, LLC File Number: PA-05-002 354.7 acres in order to meet adopted level of service standards. With the current total acreage, the projected permanent population stands at a level of service of 2.3 acres/1000. An individual project can only be required to address impacts caused by that project. The sub- area policies proposed by the applicant state that public open space will be provided with each neighborhood. This is a positive step that can help ensure that this proposed project, if approved, does not further reduce the level of service for recreation for other residents. Also, as the proposed project advances through an approval process, on-site recreational facilities can be included that will further provide for the recreational opportunities of the proposed residents. In addition, Policy 9.1.2.2 , which states that the County shall use monies collected from the parks impact fee to acquire additional open space, indicates that the proposed project would also be assessed its fair share of impact fees to ensure progress toward achieving the adopted level of service. According to Table 9-1 of the Recreation and Open Space Element, the County total Regional Park acreage is 7,069 acres. For Regional Parks, the countywide population is used for establishing level of service. The projected 2005 population for the County as cited in this Element is 220,334. This equates to approximately 32 acres per 1000 persons, which is well above the 5 acres per 1000 persons required as the level of service for Regional Parks. INTERGOVERNMENTAL COORDINATION ELEMENT The proposed amendment has been determined not to conflict with this element. CAPITAL IMPROVEMENT ELEMENT The proposed amendment has been determined not to conflict with this element. 11.1.1.28: The County shall continue to require new development to meet level of service standards for both on and off-site improvements, including local streets, water and sewer connection lines, Stormwater management facilities and open space. The applicant of the proposed Future Land Use Amendment has signed a Concurrency Deferral Affidavit that defers the reservation of capacity in public facilities. The Affidavit states "St. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the Final Development Order" and that "the issuance of a preliminary development order without a Certificate of Capacity creates no vested or other rights to develop the subject property." A Certificate of Capacity will be obtained before the issuance any final development orders for development of this property. Policy 11.1.4: No right to obtain final development order, nor any other rights to develop (B)(3)(b) the subject property have been granted or implied by the County's approval of the preliminary development order without determining the capacity of public facilities. A Certificate of Capacity demonstrating sufficient public facilities are available to support any future development proposal must be obtained before a final development order is issued. ECONOMIC DEVELOPMENT ELEMENT The proposed amendment has been determined not to conflict with this element because it supports and furthers the following policies: '-"' ....., June 30, 2005 Page 14 Petition: Vero Vista, LLC File Number: PA-05-002 Policy 12.1.1.4: Place a high priority on infill projects that are consistent with the smart growth policies of St. Lucie County. The proposed amendment would enable redevelopment of an existing commercial site that contains vacant structures, and that has had a commercial designation for some time without successfully redeveloping. The subject site can be defined as an infill area, because it is located in the Urban Service area and is surrounded by areas that are developed or are in the process of developing. Encouraging redevelopment of such a location, where public funds have been or are being invested to provide utilities, is a part of the smart growth policies of S1. Lucie County. Policy 12.4.1.1: Protect St. Lucie County's natural resources and countryside to ensure their continued existence for the benefit and enjoyment of future residents and visitors. The presence of a Preserve on the proposed site, to protect and conserve listed species of flora and fauna, will support and further this policy that is part of the Economic Development Element's Goal of 'maintaining and expanding the tourism sector.' ************************************************************************************************************* CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN The proposed amendment supports and furthers the following Goals and Policies of the State Comprehensive Plan that apply to this petition: LAND USE 187.201(15), FS: (a) Goal: In recognition of the importance of preserving the natural resources and enhancing the quality of life of the state, development shall be directed to those areas which have in place, or have agreements to provide, the land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner. (b) Policies: 3. Enhance the livability and character of urban areas through the encouragement of an attractive and functional mix of living, working, shopping and recreational activities. The proposed amendment is located within the Urban Service area, at a location that is receiving public improvements (water and sewer lines) and will encourage redevelopment of an existing site that may provide an alternative location for development that might otherwise seek a location beyond the Urban Service area. The proposal for a Preserve on site will ensure that the development proceeds in an environmentally acceptable manner. The mix of uses that is proposed supports the policy of enhancing the livability of urban areas by providing a walkable environment within which residents can reach shopping, work and recreational activities. ********************************************************************************************************* CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN The proposed amendment supports and furthers the following regional goals, strategies and polices that apply to this petition: Strategy 2.1.1: Acquire or otherwise preserve and protect significant natural systems and the components of these systems. I \w- ...¡ June 30, 2005 Page 15 Petition: Vera Vista, LLC File Number: PA-05-002 The proposed Future Land Use Amendment provides for a preserve to shelter the rare and endangered Lakela's mint, which supports and furthers this regional strategy. Strategy 3.1.1: Redevelop, revitalize and infill existing neighborhoods and districts. The proposed amendment will revitalize an existing Commercial area that is in decline. Strategy 6.1.1: Encourage the formation of sustainable neighborhoods and communities. Policy 6.1.1.1: New neighborhoods and communities should contain a balanced, well- planned, compatible mix of land uses appropriately located so that State, local and regional goals are achieved. Policy 6.1.1.2: New neighborhoods and communities should have compact designs, with a mix of building types. The sub-area policies of the proposed amendment emphasize a mix of housing types and compact design of build areas such that most housing units are within walking distance of the center of the proposed village. ............................................................................... CONSISTENCY WITH SCHOOL DISTRICT PLANS Subsection 163.3177, Florida Statutes, requires local governments within the geographic area of a school district to enter into an Interlocal Agreement with the district school board that jointly establishes the specific ways in which plans and processes of the district school board and local government are to be coordinated. St. Lucie County adopted its Interlocal Agreement with the St. Lucie County School Board on October 7, 2003. Pursuant to that Interlocal Agreement, St. Lucie County provides the school board with copies of all petitions proposing land use changes, rezonings and site plans that will increase residential density. A copy of this petition was provided to the school board. Written comments were not received, but a school board representative testified at the Local Planning Agency hearing of June 16, 2005. The school board testimony indicated a concern with potential impacts on capacity of planned schools, and requested that the County not approve the application pending a meeting of the applicant and the school board to identify appropriate mitigation measures. ********************************************************************************************************* CONCLUSION Based upon the information provided, staff has found the proposed land use change to be consistent with the Goals, Objectives and Policies as set forth in the County's Comprehensive Plan. Staff also finds the proposed amendment to be consistent with the State Comprehensive Plan and the Regional Policy Plan. The subarea policies offered by the applicant do provide a degree of certainty that goals and objectives of the County Plan can be attained. In addition, staff notes that the applicant has provided a conceptual site plan, as desired by the Board of County Commissioners. The conceptual plan is not legally binding. Prior to submission of the June 29, 2005 letter by the applicant, staff had been concerned that no provision had been made to ensure a preserve area for the Lakela Mint, and had consequently recommended that Board of County Commissioners consider directing the applicant to enter into a Developer Agreement, pursuant to Chapter 163, FS, at the time of amendment approval. Given the fact v '-wtI June 30, 2005 Page 16 Petition: Vera Vista, LLC File Number: PA-05-002 that the sub-area policies will now include a requirement for a preserve areas, staff no longer sees a need for a Developer Agreement. Attachment cc: County Administrator County Attorney File 11.. ....... '-~ MAPS AND OTHER DATA Ü -J -J ~ Q) ... c: Q) Ü S rJJ :> e ~ z.~ f3: N o o I LO o ~ b- e: ::J <3 } a: e: .. ;; .& . ò N I ¡ ~I ~ "~ " d!~ :¡ ~ ~ \X -- ~-.. -, ~ ,(¡uno:) aeqOl(.Jaa~o In o o N Ñ N ~ ~ 115 ~ 0. i b- e: ::J o () e: 'e ~ ! ;¡ A petition of Vero Vista Center, LLC for a Change in Fl1ture Land Use Classification from COM (Commercial) to MXD (Mixed Use). Indian River County OJ o o cPO o o o PA 05-002 Legend [222J Subject parcels ~_/ ê ~ ....k·. ~U<'/~-:- ¿-Qu....-r'/ -.k GIS .¿~_.~ N A Map prepared April 22, 2005 land Use Vera Vista Center, LLC ,. "'" Indian River County " PA 05-002 ~ Subject parcels .. , · 114 mile buffer Map prepared April 22, 2005 Vista Center, LLC PA 05-002 legend Subject parcels Map prepared April 22, 2005 Existing land Use Vero Vista Center, II PA 05-002 Legend N A Subject parcels Map prePé1feó April 22, 2005 6999 9900 $tOœ and offlœ1rasirlMtiat 2600 ¡:;aM"" ''''Ii"". :21100 Pam"g lots, mobila hom" pal'Í<S e<:>d<tail Ioung"., bars 3900 HoteI$, motel$ 6909 0I11iI",,,,,tais, mi.e .gricu!hJrsI 74!JO Indian River County Subject Property ~ ü w Ü \1) ( ) .c o £ (!) @ ;,¿ o Ç-.;13 CGIluJ Martin County st. uture I.æ¡¡.n<l .. COM CPUB !ND .. "IC PI!" RE 05-002 to MXD ~ "WI Futunt Land Use Map Amendment HIGH RIDGe 51. Lucie County, Florida Exhibit J Proposed Future Land Use Map COM COCONUT PUD COM COM '. \ \ \ .._---_._.._--_.._.._.~ Not Included COM RU \ \ Mixed Use Sub-Area Policies Legend 1. ~1IaI1ond.-1haI be _eclla o....-un d _-.g_ and 0_ 01 zso-.g inti. 2. no...-... ~ .....__ _ _ ftIrII'I h Secllan01.œøu. 01... a luc:Ie Ccudy Lcn:f 0. I·CJ~.d c:o.».. not be .1 & .... to dI11 ~,_. an...... ;,. no...-... .... I . .....IIuI..- """- pellrillecl1I2IIUJDD..- _ and the rmmun 111OQ.CXI) IIµn fwl ... ~oIIcI cIwwIngÌ 1ftII0I_ CII8~~ _'--' non......· .......- 5. DeooIv- _1Iap-..1haI......,.- _.. VIIoue (MXD) Cenw. 6. A WIIIIIy 0I-.g '"* CII8 wx:ouag.d .... ~ I'IGt* œr.-..1DcXIIwcI h ~ 10 .. WagII (MIlD) C....... 7. PUbIc __ _1haI be pIVIIIIdecI.....ad> .-Ut...d1C>u4 & WIwe ~ ~ each ..llll(¡Joboot"-lhaI be ptIr-..d..thaI mIIIt hc>Iå1g __....... -.v - d... YIIaOe (MIlD) c.wr. Scale: 1"-5.IXJ' I a Ö NorIto I 1000' ~.,--_..... "'....... secnoN TWO Application AIhIchmentl page-11 '" Future L..ncI Use MIIp Amendmenl VISTA AT VERO 81. Lucie County, Florida Exhibit C Conceptual Development Plan ~~ÍJ UDId 8$ ~d8:)uo:,:> ~I", ap Q.j A¡16ID:) ðñ 'IS .. Iff' axw alfplN q IH - ~ ~ --.... I ~ ¡ ~--.... I ~ "'ì o ;:) 0.. ~ U L [ [ CO) - ,..., D! U +- ~ c o g U -~ 0- :o:~ C,! CIIc "0- 1I..c 0=9 :t: '..I , ~f ~ c o õ: - Q) () c o Ü B ~ j ~t"'!TlnN ~nlID \..t -..I TUU 1 vaG VllT4 CD1D, LLC lAND tlSE I'L4N 4MI:NDMENT. ZONlNC Cll4NGI ÅPPlJC4nON DIP CENa4nON Laad V.. lBIaIItJ .., 4M ,... "'r 'M Pak BDllr TrI. T.... b 0.1 T"al b Oul General Retail (I) 1,004.951 III. It. 30,02 625 JI 2" 2.171 1,37. 1493 ~I 30,432 625 311 2" 2,.71 1.37. 1,493 '...-1)' Capture General latail 19.9% 6,056 124 76 49 571 274 297 E1døtbv uu VN bl.ru/ 7NjJ1t Jt,171 SlI lIS lIS 1,lH 1,114 .1,111 .....-- ···..Uu Raidential CondaminiumfTownhousc P) 542 d.u. 2,700 200 34 166 240 161 79 General Retail (') 435./iOO 111·1\. 17674 371 231 147 IU3 793 160 SublØIII/ 20,374 571 265 313 1,193 954 939 IOle.." Caplure Ihia lUIt. Residential Condomioillm/Townho.... 35.52% 17.50% 959 35 6 29 42 21 14 Galaalletail 5.43% 2.54% 959 10 6 4 42 20 22 Sub/Ø/lJI 1.'11 45 12 J3 14 41 36 P.....)' Capt.re General Raail 25.3% 4,22' '3 S7 36 401 196 212 ~ lAIoi VN ~ru/ 7,./Jic 14,217 441 I" :lU 1,4'1 71' III Nø N_ 7"//k (1',14') (11) (1") 4' (Ø') (lU) (S'S) r......... Mubn.1II La., U.e RaidenliaJ CondominiumlToWDhouse (2 S6I d.u. 2,110 207 35 112 250 161 12 Oenaal Rrlail PI 200,000 III. It. 10656 237 145 '2 919 475 514 SulnØIIII 13.466 444 110 264 1,23' 643 596 IOle...a' Capture Diià lUlL Aesidcntial CondominiumlTownho.... 33.59% 10.00% !144 36 6 30 " 29 14 Gcnaal Retail "'6% 2.53% !144 6 4 2 25 12 JJ Sub/"",/ I.... 42 10 32 69 41 21 ran·l)' C.,Iure o..-llleIoil 31.1% 2,457 51 36 22 2" 117 127 "",..ei lAIotl V. &nr.. 7,./fk ',1:11 144 JJ4 11' '21 41$ NI NIl N,.. 7" (l5,lS1) (IS?) (/71) IS (/,174) (II') OSS) NaIe: Trip ......,.Cion was Clleulued usina the (ollowi... dola: Daily Tlal!ic: Genenlion Residential CondominiumlTownhouse lITE 2301 - Ln(T) - O.ISLn(X) + 2.55 0-,.1 Jletail lITE .201 - Ln(T) - 0.65Ln(X) + 5.13 AM 'at Hour Traflie Generation Resiclcntial ConcIominiumfTownhousc lITE 2301 - Ln(T) - 0.1OLn(X) + 0.26 (17% in, 13% OUI) Gcnml Retail (JTE 120) - Ln(T) -0.6OLn(X) + 2.29 (61% in, 39% out) PM Peak Hour Traflie Generation Aesidcntial CondominiumfTownhousc (JTE 230) - Ln(T) - 0.12Ln(X) + 0.32 (67% in, 3J" OUI) 0-,.1 Relail (JTE 1201 - Ln(T) - 0.156Ln(X) + 3.40 (41% in, 52" OUI) 'III·By Capture aa..J latail (JTE 1201 - Ln(T) - ~.2"Ln(X) + 5.001 Nota: /')_.......r.r_(l.-.IJØl.,.lI.løt~-'<J' ~_..._* ......_4.......,øt_Iat_".,CG...... (Z),.,.,.. -_ _... ..__... .-...r¡.oI'......_... '-' "'" ST. LUCIE METROPOLITAN PLANNING ORGANIZATION 2300 Virginia Avenue Telephone: 772-462-1593 Fort Pierce, FL 34982-5652 Facsimile: 772-462-2549 TO: Sheryl Stolzenberg, Planner III Marceia Lathf!!1fMPo Planner FROM: DATE: April 11, 2005 RE: Future Land Use Amendment Application - High Ridge MPO staff has reviewed the High Ridge Future Land Use Amendment Application. Based on the submitted project description, MPO staff notes that the project does not identify construction of major, public roadways or new lanes on existing roadways, and is therefore found not to be in conflict with the MPO's adopted 2025 Long Range Transportation Plan. In addition, the following comments are provided for the project: · U.S. I from Indrio Road to 25 Street is identified as a "congested roadway" in the 2025 LRTP (see attached Table 4-5 of the LRTP). · Kings Highway from Indrio Road to U.S. I is identified as a "congested roadway" in the 2025 LRTP (see attached Table 4-5 of the LRTP). · Kings Highway from Indrio Road to U.S. I is in the 2025 LRTP needs plan (see attached Table 4-6 of the LR TP). Thank you for the opportunity to review this future land use amendment application. If you have any questions, please do not hesitate to contact me at (772) 462-1593. Attachments (Tables 4-5 and 4-6 of the LRTP) cc (w/o attachment): Lois Bush, FOOT District 4 Transportation Planning for FI. Pierce, Port St. Lucie, St. Lucie Village and 51. Lucie County 'wr "-'" Tab', 4-5 Transportation Plan 2025 Congested Roadwa)'s Fd., r .. ~6IJ' ~6 J1 Ii Dr, -.;, ·1.... 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He stated that they deal with the small scale plan amendments more routinely. He stated that they do not deal with the three large scale amendments often. He added that he was not sure if everyone on the Board has been through a large plan amendment. Mr. Kelly stated that Sheryl Stolzenberg will be presenting the scale plan amendments. Mr. Kelly stated that Ms. Stolzenberg wants to make some comments to the Board about the standards for amendments, before the hearing begins. Mr. Kelly stated that rather than trying to do it for each of the items, they thought that it might be a good idea to take a few minutes and talk in general. Mr. Kelly added that he appreciates their comments about the packets. He stated that Karen Butcher had done her own packet and Sheryl Stolzenberg did the four plan amendment packets. He added that when they get a compliment, he should further pass on and let the person who did the work be recognized. He concluded that Sheryl will come forward and speak on the behalf of her work. Chainnan Grande thanked Mr. Kelly. Ms. Sheryl Stolzenberg approached the microphone to speak. She stated, for the benefit of the people who are not familiar with the state law that governs comp plan amendments, she wanted to briefly explain what they have to look at, in addition to their own comp plan. She stated that there are regulations that have been issued by the State Department of Community Affairs, as well as the state laws that have been passed by the legislature, which is essentially what this boils down to. In Florida Administrative Code, which is issued by the Department of Community Affairs, the rules instruct in subsection 9J-l L0061B as to what local governments have to look at. In addition to providing the state with maps that show the proposed future land use of the subject property and maps showing the present future land use designation of that property and the abutting properties, local governments also have to provide the state with infonnation showing the existing land use of what is there now on the subject property and the abutting property, because local governments must also consider impacts on what is there now. This is because long range planning is exactly that, and there is always the chance that something may be approved in a premature fashion and cause an impact which was not intended. Local governments also have to look at a description of the availability of and demand on sanitary sewer, solid waste, drainage, potable water, traffic circulation and recreation, and this is not concurrency analysis. At this stage, governments are looking at if or not they have to amend the comprehensive plan in the other areas, whether they want to make the land use change. She added that the important aspect of the whole matter is the fact that it is a comprehensive plan and it has to be internally consistent by state law. Therefore, if it is decided that there is a land use change that is desired, there must also be the ability to verify that they are making whatever changes that might be needed to the other parts of the Comprehensive plan and Capital Budget etc., in order to provide the services. Ms. Stolzenberg added that they have to look at infonnation 30 ~ ,..", regarding the compatibility of the proposed land use amendment. She stated that it does not only regard the land use element objectives but those of any other affected element, such as the Conservation Element, for example. She stated that the last two points speak to the requirements of 163.3 177 of Florida Statues, which states that the coordination of the several elements of the local comprehensive plan should be a major objective of the planning process and the elements of the comprehensive plan should be consistent and economically feasible. She concluded stating that this is definitely something that the state looks at very closely so they take this into consideration every time they analyze a plan amendment. Mr. Hearn asked a question regarding who was it economically feasible for. Ms. Stolzenberg stated that it depends on who is providing the service. She also stated if it is the local government (for example) that is providing the sewer or water, then they have to be able to demonstrate in their Capital Improvement Element and in their Water and Sewer element how they are going to provide it. She added that because it is a long range plan, it is not concurrency. They do not have to point out a present line. However, if the community decides that it wants to make a land use change in an area where they have not previously planned to have that much development, then they have to update the Water and Sewer master plan and make the changes so that by the time the applicant is ready to build, they will have services available. She stated that if it is not the county that is providing the services, but it is a private utility, then the utility needs to be able to change their plan or the applicant will end up doing that. She concluded stating that in some fashion they have to be able to change plans and have available facilities by the time someone comes to them for actual development approval, at which point concurrency becomes an issue. She reiterated that at the present stage, they are not dealing with concurrency but they are strictly dealing with planning. She concluded stating that if there ARE not sewer lines where they decide where want something that needs a sewer line, then they need to start talking about who is going to do the plans to see to it that there is a sewer line. She concluded stating that that is basically what the state is asking them to do. Mr. Hearn stated that he basically asked that question because they have been under the same regulations, statues etc., yet they find themselves as a county terrible in the "red" with development projects that they have approved in the past. He stated that they have millions, and millions of dollars that they are not able to account for today. He concluded clarifying his reason for asking the question. Ms. Stolzenberg stated that some of these costs are obviously costs to a developer also. She stated that as long as they can indicate that it is the developer who is going to do this, and however they assure this, then that is acceptable to the state. She concluded stating that it is not necessarily just a public expense; it is that they have to be able to identify how the expenses will be born. Chairman Grande stated that if they take the Vero Vista application and look at the second page, at the bottom of the headings it reads: "Type of concurrency document 31 '-' ....,I required..." He stated that it said that it was said that the requirement is for a concurrency deferral affidavit. He asked if they could thoroughly explain exactly what the deferral affidavit is. Mr. Kelly stated that the affidavit is an effort to get something in the public records in their files, which the developer has signed so that he knows concurrency is being deferred to a later date and that this is not a concurrency review. Mr. Kelly stated that they want to be very clear at every stage until they have done concurrency, that they have not promised any public services at all. He added that the deferral is simply their effort to put something into the file, if the developer acknowledges the understanding terms. Chairman Grande asked if they were not wavering any concurrency required. He asked if they were asking the applicant... Mr. Kelly intervened stating that they were asking the applicant to acknowledge that they have not committed anything. Chairman Grande stated that at this point, it will be looked at in the future. Mr. Kelly stated yes. Chairman Grande thanked Mr. Kelly. Chairman Grande stated if there were no further questions, then they will proceed to the application. Ms. Stolzenberg presented this item. She stated that the first application before the Board for Land Use Amendment is file number PA-05-002, which is the application of Vero Vista Center for Change in Land Use Designation from Commercial to Mixed Use. She added that it was for a forty-six acre parcel which was located approximately one-eighth of a mile south of the St. Lucie-Indian River county line, on the east side of US 1. She reiterated that, as they were required by 9J-11 of Florida Administrative Code, they looked at surrounding Future Land Uses, Commercial to the north, south and west, and Residential Urban at a density of five dwelling units per first acre to the east. Concerning the surrounding uses, the actual uses on the ground, there was an office building with storage to the north, vacant acreage and miscellaneous agriculture such as sales of ornamentals, and two single family homes to the east. She also added that there is a vacant restaurant to the south and the west, there was a variety of uses. The uses included a retail store, vacant commercial building, bars, gas stations, more vacant acreage, a mobile home park, a motel and a home for the aged. She stated that they looked at both availability of and demand on sanitary sewer solid waste, drainage potable water, traffic circulation services, not in terms of concurrency but in terms of whether a Comprehensive Plan Amendment would be needed to any of the mentioned services. She added that it had shown that the needs could be met without a Comprehensive Plan Amendment. She stated that as far as consistency goes with the Comprehensive Plan, Staff felt that it supported and furthered the Land Use Element because it met the intent statement of the Mixed Use Land Use and also it supported a number of objectives and policies. 32 '- ..J She stated that Objective 1.1.5 directed development to where services were planned. She added that it met the requirements of Policy 1.1.5.3, which must be looked at when considering an amendment, making a finding that the property is adjacent to or no more than one quarter mile from same or greater land use and that the property lies within the Five Year Capital Plan or is otherwise provided for, for services, which it is. She stated that it is consistent with Objective 1.1.7, which directs future development and redevelopment to areas that have the appropriate designations and are consistent with sound principles. Ms. Stolzenberg stated that they looked at how it supported and furthered the Transportation Element. She added that this is another policy that has to be looked at whenever a Land Use Amendment is considered. She added that the Transportation System shall be reviewed in coordination with requested Land Use Changes and reports on impacts shall be provided which is Policy 2.1.1. Ms. Stolzenberg stated that an impact statement was provided and it indicated that possibly traffic could be reduced. She stated that this was reviewed by the Road and Bridge Staff who indicated that until an actual formal application for a project is actually provided, they can't really evaluate whether or not traffic will be reduced. She added that at the Land Use stage, it did not appear to cause a problem that will require a Comprehensive Plan Amendment. She stated that they also looked at how it affected other elements, in particular, the Conservation Element. She stated that they noted that there is an area that the County has identified that has protected species including the presence of Lakela Mint and the applicant also provided an environmental assessment statement. She stated that there is a conceptual site plan that goes with this and it indicates a Preserve will be a part of the final plan. She stated that the actual development plan will be required to identify the Preserve and a management plan and any necessary deed restrictions, when it comes in. Ms. Stolzenberg stated that at the time that she wrote this, it was given to her to understand that the petition was located within the North County Charrette area. She added that it was within the study area but it is not within the TVC area, therefore it does not appear to be effected by the Stop Gap ordinance as she understands it at this point in time. She concluded, stating that the Staff's finding is a recommendation that the petition be forwarded to the Board of County Commissioners with a recommendation that it be transmitted to the State for adoption. She added that they also recommended that the County considers that a developer agreement is entered into it at the time of adoption of the Land Use, in order to ensure that the Preserve is an actuality. Chairman Grande thanked Ms. Stolzenberg. Chairman Grande asked if there were any questions. Mr. Hearn asked how much land is involved in the Preserve area. Ms. Stolzenberg stated that they do not have a definite handle on that. She added that there was an application that the County had made at one point to acquire some of the land and they still have the grant money but the owner was not interested in selling it to the County. Therefore, it has become a part of the discussion when the development proposal was actually submitted to work with the applicant and the environmental department to get the Preserve identified as the County wants it to be identified. She 33 '- .....I concluded that all they have from the applicant at this time is the conceptual plan. She also added that there is not a statistic that states how large it is going to be or how much it would include. She added that at the land use stage, with a conceptual site plan, you really are not able to bind anyone to anything. She concluded that this is why she suggested, for consideration only, the use of a developer agreement. She added that it is something that you enter into and it is more binding. She stated that it can expire and so on, but it can give a little bit of a measure of security that you cannot have at the Land Use stage, because a conceptual site plan is just that. She stated that it is a very nice illustration but it is not something that is binding on anyone at the Land Use Stage. Mr. Hearn asked another question regarding the Preserve Area. He asked if there was any data available that showed that the Lakela Mint could be transplanted. He asked if it was scattered over a two acre parcel and you could condense it to a smaller area by transplanting it, is the infonnation available. Mr. Kelly stated that it appears that that Mint grows at a specific elevation at on the Dune or the Historic Dune. He added that only on one side of the Dune have they had some efforts to transplant it. He stated that he is not sure if they have been terribly successful with any of them. Mr. Kelly stated that they had the folks over from the middle of the state in Lakewells trying to transplant some. He added that he does not think that they had great success. He concluded stating that he is not sure if they can count on transplanting as a method to save it all. Mr. Hearn stated that his purpose of asking that question is if they can consolidate it on the same site, rather than move it to another site, which mayor may not be a successful transplant. He added that he was not suggesting that they move it off site, but the plants are moved closer together so that they do not take up too much space, such clustered housing and so forth. Mr. Kelly stated that he does not know. Ms. Stolzenberg stated that she thinks that this is part of the discussion that they get into when they are actually doing the plans for the development because at that point, the applicant and County have to bring their experts in and state the tenns for operations. She added that there needs to be something of a buffer around the area where the concentrations are, to protect them. She concluded stating that the actual size and so on would be something that would have to be spelled out correctly, as a part of the development approval. Chainnan Grande asked i[there were any other questions ofthe Staff. Mr. Knapp asked what the density per acre on the Mixed Use High Ridge, for Residential is. He asked if it was twelve or... Chainnan Grande asked if the question relates to the specific application, and not overall limits. 34 "" ...,J Mr. Knapp replied yes. He added that it probably relates to both. Ms. Stolzenberg stated that this is actually a difference between what is the high of the density of the Mixed Use allows. She also stated that what the applicant is saying is that they will limit themselves to, in the language that they are saying that they are going to include. Chainnan Grande stated if the pattern could be explained a little, it will save a lot of time. He stated that they are talking about forty- six acres, but the Residential portion of the overall development would be a lot less than the total forty-six acres however the units of numbers is fairly high. Mr. Knapp reiterated that he wants to know how many units could be put there. He asked the zoning is changed, then how many units are allowed in the forty-six acres. Mr. Kelly stated that Mr. Klein can assist with further help. He also gave a brief summary of what the Comprehensive Plan stated in regards to the discussion. He stated that in Mixed Use areas, there are sub-area maps for each of those areas that divide the Mixed Use areas into high, medium and low intensity areas. He added that the proposal being discussed is for this to be a high intensity area. He stated that the Comp Plan defines high intensity in the following manner: "For Residential units, there are between five and fifteen units per acre." It then goes on into the other uses, wherein they are regulated by floor area ratio. Mr. Kelly used an example stating that General Commercial would be allowed at a floor area ratio of 1.0. He clarified that that means if you have an acre of ground, you may have a full acre of Commercial. He added that you cannot do that and have parking, therefore it regards multistory buildings. He added that floor area ratio is a measure of floor as compared to land. He added that it may include multistory buildings. Mr. Kelly concluded stating that for the non-Residential components, they are regulated by floor area ratio. He stated that the residential is regulated five to fifteen in this case. He addressed a question that they had from DCA last year regarding the fact that if all of this was done, you could have very intense development. Mr. Kelly stated that at that time, their response was that they would not allow them all to happen on the same acre. He stated that they would divide the project into half Residential and half Commercial. He added that they would apply these individually into those areas. Mr. Kelly stated that maybe that is context for what Mr. Klein would explain. Mr. Klein stated that Mr. Kelly had lost him. Chainnan Grande asked if what Mr. Kelly was saying pertaining to the Mixed Use high zoning, is that the portion that is allocated for Commercial sub-area maps are used as an entitlement for Residential. He continued stating that conversely if you are using up to fifteen for Residential, what you are doing is, as you fill in that Residential, reducing what is left for Commercial. 35 ~. ...., Mr. Kelly replied yes. Chairman Grande thanked Mr. Kelly. Mr. Hearn asked a question pertaining Mixed Use High Ridge. He asked where the word "Ridge" came from. Ms. Stolzenberg stated that that is its name. Mr. Hearn asked if that was the name of the project. Ms. Stolzenberg clarified that it is the name of the project. She added that each of the Mixed Use areas is identified by a name and they picked "High Ridge" for this particular one. Mr. Hearn asked if this is the same applicant that is planning to develop Coconut Cove. Mr. Klein replied, no. Mr. Knapp stated that he is not clear on what Mr. Kelly went over. He addressed the statement saying that they are requesting to go Mixed Use High intensity. He asked he was correct. Ms. Stolzenberg stated that that was correct. Mr. Knapp stated that he received the thing of five to fifteen acres. He asked this was correct. Ms. Stolzenberg stated that that is the allowable density within that particular land use designation. She stated that the applicant is saying... Mr. Knapp intervened stating that he understands what the applicant is saying. He stated that they were just asking to approve it to the five to fifteen. He asked if that was correct. His question was in regards to the change. Mr. Knapp stated that they were to saying that they were proving something that the applicant is telling them that he is going to do. He stated that they are actually being asked to approve the five to fifteen per acre. He asked if that was correct. Mr. Klein replied no. Ms. Stolzenberg replied no. She stated that the applicant is voluntarily restricting by language that would be put into the Comprehensive Plan on the map stating that he will limit himself to a lesser number of units then he would be able to do under this category. Mr. Klein stated that it might be good it they were allowed to go through the presentation. He added that they might be able to put some of this in context. 36 '-' .í; ....., Chainnan Grande stated that they will go through the presentation; he just wanted to make sure that they get any questions of Staff out of the way. Mr. Klein responded that he would appreciate that. Chainnan Grande thanked Mr. Klein. Chainnan Grande asked if there were any other question of Staff. Chairman Grande opened the public hearing. Mr. Bobby Klein, the applicant, approached the podium to speak. He stated that he is from the law finn of Klein and Dobbins. He stated that he represents the applicant, Vero Vista LLC. He stated that he has Cyndy Snay from his Staff with him. He also stated that Mike Houston and Dawn Gilmore from Houston Cuozzo Group are also present on his behalf He also stated that Adam Kerr and Jason Matson from Kimley Horn are present at the hearing on his behalf and that they are responsible for some of the traffic aspects. Mr. Klein clarified that he is a lawyer who represented Coconut Cove LLC, which is the entity that is the applicant and developer of the Coconut Cove project. He stated that Vero Vista LLC is a separate entity and it is the applicant being discussed at the present meeting. He clarified that the people that are involved are some of the same people but the applicant is not the same. Mr. Klein stated that some of the infonnation that they wanted to get in to has been brought up as part of the conversation. He stated that they are very excited about the project, for some of the reasons that they will discuss shortly. He stated that they also want to echo their appreciation and the fact that the Staff report was so well done. He stated that it was very well presented and it put all of the infonnation out for the reader to be able to make an infonned decision. He concluded that the Staff had done a fine job. Mr. Klein stated that one of the questions that came up a minute ago was about the Preserve. He stated that Ms. Stolzenberg answered the question as well as possible. He added that the County's environmental department does have transplant areas. He stated that they have transplanted the Mint to other areas. He stated that they had to deal with this in the past. He stated that they have worked with Amy and Vanessa to come up with a plan. He added that they are going to minimize any impact to it. He stated that they do not know the exact details. They are showing this at this stage because they know that it is generally in that area. He added that as they go further along the process and have the land uses approved, that they come back for the planned developments, the site plan and the boundary will be established. He reiterated what Ms. Stolzenberg had previously stated about there being buffers and protections. He stated that all of that will come into place as the development pennit process proceeds. Mr. Klein stated that they indicated that on there because they are well aware of the location of the Mint there. He added that they want everyone to understand that they are not at all ignoring the fact that the Mint exists and they know that they have to address it. Mr. Klein stated that when they looked at the project, they looked at forty-six acres that have been designated as General Commercial since the Comprehensive Plan 37 ~ ~ was enacted in the 1990s. He stated that for fifteen years, the area has basically remained donnant. He stated that there have been a number of pieces which have been used and then remain in disrepair as a result of entitles that have gone out of business. He stated that he certainly does not have to tell Mr. Hearn what the property looks like; however, Mr. Houston will assist in helping all others to see pictures relating to what exists there. He stated that they looked at this and questioned themselves about what can be done in that area. Mr. Klein stated that no one has come along and addressed a desire to make this a full utilization for Commercial property. He stated that the topography is a little interesting. He also added that there is a slope to it. He stated that it does not lend itself to full use as Commercial. He asked what they can do. Mr. Klein stated that they looked at the ability to try to do Mixed Use. He stated that with all the talk about smart growth and with what they have been seeing with the TVC and some of the things that going to come out of it, there is really no ability in St. Lucie County to do a true Mixed Use development. He stated that as part of what that discussion was leading into, you cannot do Residential at all in any Commercial area in St. Lucie County. He stated that Ft. Pierce has the ability to have the first floor to be retail and upper floors to be residential. He added that in regards to the live-work aspect of that discussion, it cannot be done in St. Lucie County now. He stated that they wanted to make a statement, a difference and they wanted to be a catalyst for change in the area. He stated that he have had numerous discussions with Mike Busha, at the Regional Planning Council, about this. He stated that they knew that things were going to be coming forward in time to address the present discussion. He stated that they have talked with certain people at the County. He stated that the idea here was to do something specific and different because they did not feel like this area could wait. He added that it has been neglected for years and it is time to do something. He concluded that their solution was to utilize the MXD Land Use designation. He reiterated what Mr. Kelly had said regarding what they had learned, the last time that they did that with the DCA. He added there was a different perspective of the MXD between the two of them. He stated that they viewed everything at its maximum use. He stated that they provided the sub-area policies. He stated that they have used the sub-area policies for a couple of different things. He stated that it provides them the ability to have some flexibility and it puts a limitation on what they can do, so that there is no question about it. He stated that Ms. Stolzenberg had spoken a little about the lack of certainty at this stage and the development agreement. He stated that they believe that this is unique because they have the sub-area policies. He stated that as you look down them, you will see exactly what they intend to do. He stated that Mr. Houston will go through them a little more shortly. He stated that clearly the two key ones that were providing the flexibility that they wanted to create, were to provide the ability in the Comprehensive Plan. He added that they have to do these conditions in the Comprehensive Plan so that the LDRs can adapt to it, provide that you can have on this property only. Mr. Klein stated that they are not trying to change the world for the County. He added that they are just looking at the subject property; provide the fact that you could have Residential on top of non- Residential use on this development. He stated that they also looked at the PMUD, which is the Planned Mixed Use Development Provisions of the code. He stated that it surprised them to learn that there 38 \.,or ..." was a limitation stating that you could only do up to forty percent of the property in Residential. He stated that you are going to need a certain amount of Residential to support the Commercial. He stated that the idea here, with the density, is to provide a core of residential that uses the sub-area policies that talk about walk-ability and connectivity and pedestrian access to keep them off of US 1. He added that it will allow them to walk over to stores that will be there, in which they have numbered to no less than one hundred thousand or no more than two hundred thousand square feet. Therefore the sub-area policies provide a nucleus of Residential to be able to support the Commercial and make it viable. They do not want what is going on now to take place again in the future, with regards to failed Commercial. Mr. Klein concluded that it is a big picture approach to try to create a viable community. He stated that they are excited about the fact that they have the opportunity to do this. He added that they are excited about the fact that they have the ability to do something that is unique. He concluded stating that he was going to let Mr. Houston speak. Mr. Klein asked if there were any questions. Mr. Michael Houston approached the podium to speak. He stated that they were presenting something extraordinary to the board. He stated that St. Lucie County is evolving and he feels that their application is part of that evolution. He stated that they have spoken to the Board about some of the other projects that they have presented. He added that they all have been part of a positive evolution. He stated that when they looked at the tools that they had to work with, it became clear that the County was missing some tools. He added that developers too, were missing some tools. He stated that they want to talk about the reasons regarding the subject property. His question concerning the subject property is why is the forty-six acres in North County inappropriate to all being Commercial. He also asked why is the MXD appropriate for them to allow them to use it. He asked why the sub-area policies, which Mr. Klein discussed, are great tools. He concluded that the sub-area policies are very interesting as part as the Comprehensive Plan. Mr. Houston stated that it gets you part of the way to planning developments. He also asked why this is a good example how it works. He stated that they will present examples of similar projects and things that they think that they will be presenting to the Board, over the next few months. He pointed out that exhibit C at the back of the Staff report, is a schematic conceptual development plan. He stated that it is far ÍÌom a real plan; however it is an illustration as to how they see the property being developed. He stated that where they see a village center, there will be a mix of Commercial and Residential Uses. He stated that where they see Residential, it will be of a high intensity to allow the kind of node that allows more walk-ability in the community, mass transit will be discussed and it is also more appropriate because of the character of the site. He concluded that that exhibit is kind of the basics for some of the things that he will present shortly. Chairman Grande asked if he could point the entrance to Coconut Cove out on the map, relative to this particular layout. 39 '-" ..,¡ Mr. Houston pointed it out to him on the map. He also added that he will show them more of the Coconut Cove in more detail shortly. Chairman Grande thanked Mr. Houston. Mr. Houston pointed out the site location, the North County and the Indian River County line. He stated that the Indian River County line is very close to the site and it is probably just up a couple of a thousand feet. He pointed out to the east, the Coconut Cove PUD. He stated that the label there is wrong, he clarified that Holiday Pines is down to the south. He added that Spanish Lakes is to the left. Mr. Houston stated that what you see here is kind of a unique North County character. He stated that the environmental influence is the Savannahs, which are very significant. He also stated that the area along the river with the mangroves is pretty much along most of the eastern edge of that. Mr. Houston stated that because of its features, he believes that it is an unusual part of the county. He pointed out the uses that are on the site presently. He stated that if anyone has not driven north to Vero Beach, he would not consider USl a gateway for St. Lucie County. He stated that he does not know where the gateway begins or ends. He listed the uses that were there, including the old Chinese Restaurant that was there and the debris in the which, he is to sure of where it all has gotten to that area. He stated that there are a variety of uses that are not particularly attractive. He stated that the site is unique, in the sense that it is also on the ridge. He stated that they have already talked a little about this regarding Coconut Cove. Mr. Houston stated that the high point of the site is about forty-five feet. He stated that regarding US 1, it is about thirty-five feet. He also added that Dixie is about fifteen feet. He concluded that it has quite a grade. Mr. Houston pointed out the land uses that surround them, on the map. He stated that Staff had done a very good job of going through them. He stated that you can see Coconut Cove PUD to the east. He stated that the fine property of Harbor Branch Oceanographic is a special district land use. He stated that the majority of the Residential is the RU, which is Residential Urban. He stated that this is an in-fill piece and it is part of the Urban Service Area. He pointed out on the map and stated that the red on the map indicated the Commercial. He stated that is kind of in a scattered pattern. He stated that there more Commercial to the south as you head toward Ft. Pierce, but this is kind of an odd mix up here of small pieces. He moved to another place on the map and stated that it runs all the way from US 1 to Dixie. He commented that he is not sure why it was designated that way. He added that it is a 1991 designation. He also stated that it is a big piece of Commercial. He stated that when you look at the topography, it is kind of an odd piece. He stated that the surrounding uses, which go back to the gateway, are pretty mixed. He stated that they are hoping as part of this project, and others in the area, that they begin to change the character or North County and that the gateway does start to be formed. Mr. Houston stated that one of the things that they looked at when they were looking at the Commercial question was pertaining to the forty-six acres of Commercial. The question was if they needed that from a market stand point. He stated that they looked at the other Commercial shopping centers that have grocery stores in the area. He stated 40 \.,f -..",I that Community Commercial is approximately one hundred and two or one hundred-fifty thousand square feet, or sometimes less or more. He stated that the three centers are all within relative close distance and they have taken pictures of those for proof. He stated that South Vero Square is on Oslo Road, which is north of the site by about two miles. He added that if is actually the closest Commercial to the site. He stated that Indrio Crossings at Lakewood Park is three and a half miles to the west. He also added that Taylor Creek Commons, which is a new store that Publix has taken over, is five miles to the south of us. He stated that one of the questions pertains to that which was discussed aforetime about concurrency. He stated that although they are not asking for development order, they certainly understand the question about what are the impacts of the change. He pointed out that they have created a chart showing the impacts of traffic. The chart also shows, under existing Commercial, how the forty-six acres would generate twenty-four thousand trips a day. He added stating that five hundred of those would be A.M.; twenty-three hundred would be P.M. under the Mixed Use, using the maximum. He concluded stating that this is why the early discussion that they had pertaining to what they were asking for, so important. He stated that under the maximum, there will be fourteen thousand trips generated. He stated that four hundred and forty of them will be AM. and fourteen will be P.M. He stated that with the sub-areas that they are proposing, their numbers are at the bottom, which is a substantial reduction from the twenty-four. He clarified that it was over sixty percent reduction. He stated that this is nine thousand, one hundred twenty- one trips and the AM. and P.M. hour travels are seen as well. He stated that this is also on a percentage bases and the reduction of trips at the bottom, as they view the specific proposal that they have from an overall project on daily trips as well as the seventy percent reduction on AM., and forty percent on P.M. He reiterated that this is a substantial reduction in the number of trips that could be out on US 1, if it is viewed from a traffic perspective. Mr. Houston stated that it is instructive to look at the definition of Mixed Use pertaining to the Comprehensive Plan. He stated that Staff has done a good job including that, however he wants to underscore it once more. He stated that it is intended for the areas where traditional land use classification does not afford the desire, flexibility, and input in community land use planning. He stated that areas especial or unique environmental considerations are used to encourage innovative land use concepts. He stated that any change to the MXD requires a PUD, PNRD or PMUD, so that that MXD, will be presented before the Board and the County Commission, after the land use change is made. He added that it allows up to fifteen units to the acre. He stated that this is a key item, wherein all uses will be compatible with internal and external adjacent land uses. He stated that this really states that how they are going to design this will have to work both outside and inside the project which is part of the PUD. He stated that this also deals a lot with what the TVC is attempting to do, wherein it is some of the smart growth concepts that they have applied. He added that what they have applied is very much a part of the connected street network, as compared to isolated streets. He stated that architectural elements that are attractive bring and create special sense of place. He stated that he will show the community gathering places shortly. He stated that community green spaces will be green and will be usable for an entire community. He stated that the big part of this is allowing the pedestrian to be a part of 41 '-' """'" the experience of community planning. He reiterated that US I in not exactly what he ca1ls "pedestrian friendly." He also stated that an integration of the Residential and non- Residential uses, walk-able communities to reduce the dependency on automobiles, creates a sustainable preservation areas. He stated that there need to be quality preservation. He stated that these are the sub-areas policies that are in the Staff report. He stated that they are limiting the maximum number of units to five hundred and eighty- six units and a minimum of two hundred and fifty. He stated that they can later talk specifically about what the densities are. He stated that they are in a mixed range and it depends on how much ends up being Residential and how much is Commercial. He added that there could be further discussion. Ms. Hammer asked how many of the acres are going to be made Residential with the fifteen units per acre, in regards to the forty-six acres. Mr. Houston replied that at this point, they do not have a specific acreage, since the application is for the MXD across the entire property. He added that the range of two hundred and fifty to five hundred and eighty-six was give because of the unknown acreage. He stated that based on the planning that they are doing to day, they wi1l probably between the two. He stated that if you use the maximum, you would be over six hundred. He stated that if you used it across the entire site, it will be six hundred and ninety, wherein they are substantially under that. For example, if ten acres were taken away for Commercial and the maximum was used, then you would be five forty. Chainnan Grande asked if he could stop Mr. Houston at this point and ask questions regarding the specific area. Mr. Houston replied, absolutely. Chainnan Grande stated that if he understands correctly, looking at exhibit C, it is being proposed that residential high density would be Residential. He added that he feels that the stripped area, Village Center high intensity, would be the area where they are considering a Mixed Use-Residential over Commercial. Mr. Houston replied that he Chainnan Grande was correct. Chainnan Grande asked Mr. Houston if he has considered the density in the Coconut Cove area next door, wherein he imagines being a major part of the customer base in tenns of planning for the density required to support the Commercial that would like to be seen. Mr. Houston replied that they have absolutely considered that. He stated that there are not that many rooftops in the North County. He added that there are opportunities for in fill; however, it is still evolving. He stated that this is the Mixed Use area and they are using it as the entrance to Coconut and the project itself. He stated that they are using the ridge, because of how it drops down, as more of the Residential. 42 '-' ...., Chairman Grande thanked Mr. Houston. Mr. Houston stated that their third sub-area policy deals with the square footage of Commercial. He stated that they have looked at how much acreage that the property had. He stated that they also looked at what was in the area. He concluded that that is how they came up with one hundred to two hundred thousand. He added that it may be at the lower end, because of the nature of the North County and Commercial demand which is based on the other three centers which he described. He pointed out the Mixed Use on the map. He stated that they are allowing Residential dwelling units to be permitted above, on Residential. He also stated that within the project, there has to be a designated transit stop location and a variety of housing choices. He stated that housing-type questions, is probably a lesser question about different products as much as it is about how to use the Mixed Use appropriately to create a product that does not exist today, in regards to market needs. He stated that public open space shall be provided with each neighborhood and possibly each neighborhood should be planned in the most housing area with walking distance. He added that they believe that all units will be in walking distance. He also added that half a mile is the typical standard for them. He pointed out the cross section regarding the county line and US 1 on the map. He stated that what they have shown is an area out along US I, which probably has a grocery store or a large user. He added that it blends in to what will become the live-work units. He stated that it will be on both sides of a main street. He stated that they are describing it as a main street because it is regards the idea that they think that it is an important public space. He pointed out the Mint area out on the map, in regards to some of the preservations discussions that they had earlier. He stated that there is a pretty substantial area, which contains Live Oaks, which run along Dixie. He added that they will become a part of their transition. He pointed out the twenty-five foot drop, trom one end to the other on the map. He stated that they are attempting to take advantage of the units with views along the river. He showed a display of what he was talking about on the screen so that it will be easier to see. He stated that it is just the next evolution of exhibit C. He added that they have begun to see that there is probably a need for another connector off of US 1 and a connection from US 1 to Dixie. He pointed out the other connections on the map, explaining how the one is a bridge connection and it will not come down to Dixie, therefore the connectivity part becomes more important. He also pointed out to the areas of Live Oak preservation on the map. He stated that there is a stand in the existing driving range that is out there presently. He pointed the Commercial area out on the map. He stated that this is the area where the town center will be, which are the live-work units, over retail. He stated that the purely Commercial portion of it will be on both sides of this entrance road. He stated that they have indicated that the Mint Preserve area, which Mr. Heam has asked about, at this point appears to be 2.2 acres. He concluded that they stilI have work to do regarding getting the acreage tied down. He stated that he showed the images because he wanted to give them an idea of what their ideas look like. He pointed the live-work unit over retail out on the map. He added that they are thinking as to put it on the main street. He showed another example image, consistent to their idea, on the screen. He pointed out that it may be a little larger than what they are 43 '-' ...., considering, however, the idea that is there is consistent to their idea. He added that there is a consensus present in the street, along with on street parking. Mr. Houston added that the atmosphere is very walk-able. He also added that there is shade, and balconies which contribute to making the area a comfortable space. He pointed out that there is outdoor seating, wherein plazas and restaurants can seat people for outdoor comfort. He stated that one of the key things regarding looking at a town house design is the idea that there is a public space which is beyond the wall. He stated that the private or semi-private space leads up to your door. He stated that one of the items that were mentioned is important to the green space, therefore they will be working to make those Preserve areas a part of the overall community green, wherein biking and walking will be workable. He stated that there are good example about new design ideas and Commercial ideas in Florida, wherein it does not have to be backed up with big parking lots in rront of it. He showed an example of a picture of a Publix, which is designed in Orlando. He stated that the Publix has a sense of street and urban design, instead of the typical Publix. He stated that it has changed the feeling of a typical shopping center. He also showed an image of street furniture. He stated that the little details like the ones he has discussed become important. He stated that Staffhas walked through a number of important items. He stated that the idea which will be limited to the mentioned uses is that they are addressing the issue of the plant species and they are beginning to move forward toward the PMUD. He stated that the potential for absorbing some of the work and shopping trips internally is a key part of that. He stated that there probably will not be a big percentage of people who live there and work. He reiterated that they are consistent with the intent of the North County Charrette. He stated that it mayor may have not been the appropriate use in the 1990s due to the lack of the level of study that they are at today. Mr. Heam asked a question regarding the previous slide that was shown, which regarded light industrial. He asked what type of light industrial do they intend on anticipating. Mr. Houston replied that Staff had listed all of the uses, and that they do not propose any light industrial. He added that the only area that is commonly discussed is Artists Quarters. He stated that a potter or a ceramic Kiln may discuss the Artists Quarters area because it falls in the category of light industrial. He concluded stating that they do believe that what they are offering is a better tool. He stated that the Commercial is an acreage greater than it needs to be. He also added that they are bringing new ideas with the sub-area policies. He stated that they will be back with the specific project. He stated that this is an opportunity for them to continue to try to add new tools to the box in St. Lucie County. Mr. Houston thanked the Board. Chainnan Grande thanked Mr. Houston Mr. Knapp asked a question pertaining to the traffic study. He stated that he was not sure if he understands the existing use or how by adding five hundred units the project would be getting less trips a day. He asked if it was a comparison between the maximum and the maximums. 44 \.... "'" Mr. Houston stated that is. He explained that they just use maximums because they really do not have anything else to use. Mr. Knapp asked what is the existing Commercial at its maximum, based upon. Mr. Houston stated that it is based on the allowed coverage on a Commercia] parcel. Mr. Jason Matson, with Kimley Horn approached the podium to speak. He stated that the existing scenario is looking at the forty-six acres at fifty percent lot coverage, which is per the Commercia] zoning. He stated that they are basically looking at a million square feet. Mr. Knapp asked ifhe had said that it is fifty percent lot coverage. Mr. Matson replied yes. Mr. Knapp stated okay, for clarification. Mr. Matson continued stating that it is about a million square feet to Commercia] in the first scenario. He stated that you are actually dropping, in the scenario with the propose Mixed Use, to about two hundred thousand maximum. He stated that they looked at the maximum retail scenario, along with the Residential. Mr. Knap asked if he was saying that the twenty-four thousand is a million square feet and that there is only five hundred trips in the morning to that spot, where the million square feet of Commercial is. He stated that he does not understand that AM peak hour. He reiterated the comment made toward the five hundred and one trips. He asked if the correct term was "trips." He asked if it was only five hundred people. Mr. Matson replied correct. He clarified that it referred to the AM peak hour trips. He stated that with the retail center, the AM trip generation is fairly low from the seven to nine timeframe. Mr. Knapp asked if the existing use is all retail. Mr. Matson stated that it is all Commercia] Retail. Mr. Knapp replied that it is General Commercial. He asked if it includes light industry and other things also. Mr. Matson stated that the rate that they use for Commercia] is a very conservative rate of shopping center retail. 45 '-' 'WI Mr. Knapp replied okay. He also asked if the bottom, including their proposal, would be nine thousand trips with the two thousand trips maximum, plus the five hundred and eighty-six units. Mr. Matson replied that that was correct. He stated that it incorporates internal capture between the two. Mr. Knapp asked what their internal capture rate on that was. Mr. Matson replied that the residential is approximately ten percent for internal capture. He also stated that the retail is about three percent. Mr. Knapp asked if it was apparently small. Mr. Matson replied correct. He added that they are consistent with the ITE trip generation matrixes that were reviewed by Staff. Chairman Grande stated that he assumes that that was not someone disagreeing with Mr. Matson. Mr. Knapp asked if the peak hour was the number of trips of people leaving and coming in the morning. Mr. Matson replied that those were actually two-way trips. He clarified that that was a in and out in the morning peak hour. He reiterated that they represent a two-way trip. He stated that the directional trips in and out would be the sum of the in and out trips as seen on the display. Mr. Knapp asked if that was based on five hundred units. Mr. Matson replied yes. Mr. Knapp asked if it was only three hundred trips a day out of five hundred and eighty- six units in the morning. Mr. Matson clarified that three hundred and forty-four only pertains to the morning peak hour from seven to nine. Mr. Knapp replied that on five hundred and something units, it is about less than half or a quarter of the people who live there, actually leaving in the morning. He asked if that was what their projection is based upon. Mr. Matson replied that this is ITE. He stated that it is for a Residential town home condominium. He stated that a single family home is probably what he has in vision. Mr. Knapp replied, no not really. 46 '-' ...., Mr. Matson stated that fÌom an IrE perspective, which is where they generate their trip generation rates and equations from, on average a single family home is upward of nine trips per day. He stated that a town home condominium on average is around five or six. He stated that after you look at the internal capture, this is the result that it is all from, which is their IrE trip generation calculation. Chairman Grande stated that he noticed the strange look on his face. He suggested that it is an unusual and exciting community because there are almost three times as much people that come back in the afternoon, than those that left in the morning. Mr. Knapp stated that his reason for questions is based on the fact that numbers did not seem to have an impact at all. Mr. Matson stated that it is assumed that all five hundred are occupied. He stated that there is seasonality in the race for residential condominiums. Mr. Knapp stated that there could be two people living in each unit, which therefore makes it over a thousand people all together. He added that if a third of them leave at peak hour, which is from seven to nine in the morning and four to six in the afternoon, it seems really low. He also included the people that come in to work there, if it is retail. Mr. Knapp concluded. Chainnan Grande thanked the speakers. Ms. Hammer asked a question of Staff. She stated that they talked about the Mixed Use high intensity and that there were other categories. She asked if the next one was Mixed Use medium intensity. Ms. Stolzenberg replied yes. Ms. Hammer asked if they could tell her what the units per acre are for medium intensity. Ms. Stolzenberg replied that medium intensity is a range of five to nine dwelling units per acre. Ms. Hammer asked what the next category under the medium intensity is. Ms. Stolzenberg replied that it is low intensity and the residential there is not to exceed five dwelling units per acre. Ms. Hammer used an example to ask a question. Her example was in regard to calculating residential units in concerning Mixed Use units. She used round numbers to make the example illustration easier. She asked that if there are fifty acres and you have a Mixed Use "whatever" intensity, and twenty-five acres are going to be designated for Residential, are those twenty-five acres the only ones that get the five to nine, or not more 47 '-" """'" than five or is it that number over that whole fifty acres and that number is crammed into the twenty-five acres. Ms. Stolzenberg stated that they have tried to convey to the State and the department of Community Affairs that they are not going to be double counting. She clarified that if a certain number of acres are used in the calculations for the Residential, they cannot also be used in the calculation for how many square feet of non residential. She stated that that does not mean that you can not co-locate with the uses, so that you can conceivably have a first floor that is Commercial and a second floor that is Residential, as long as you are not exceeding the counts that you would come up with. Ms. Hammer asked if you have fifty acres and you are going to designate twenty-five of them for Residential (she used ten of the units per acre for round numbers), will you get of the twenty-five acres, ten units per acre of two hundred fifty units or would you get fifty acres times ten units and get five hundred units. Ms. Stolzenberg stated no, if you are saying that you are going to identify a certain number of Residential units and the acres that are generating those, then you are not multiplying the allowable Residential over the entire acreage. She clarified that you are just using that acreage to determine the maximum number of units that you can have. She added that you can locate or co-locate them with some of the non-Residential Uses. She concluded that you cannot go over that number that you have set as the bench mark for how many you are going to have. She stated that she knows that this sound very strange, however, it is Mixed Use and it is not that easy to explain. She added that essentially you are saying that you are going to set up the bench mark declaring the number of Residential units, which does not necessarily mean that they are all here. She concluded that the key point is declaring the amount of units. Ms. Hammer stated that she understands that part. She asked that when the applicant comes back up again, she would like to know why they requested the high intensity rather than medium intensity. She asked if that is five to nine units, how many acres are they talking about for Residential. Chairman Grande replied that from his understanding of the explanation, he does not find it reasonable to acquaint it to acres. He added that he thinks that the deal is in regards to when they do submit a final plan; you'll look at the square footage of Commercial that is in the plan and the number of units of Residential that is in the plan in total. He stated that if you take the acreage that it would take to support the Residential in the plan, and subtract that from the total acreage then you would have to be able to entitle the Commercial by what is left and vice-versa. He stated that he feels that Ms. Stolzenberg has indicated several times that they want to make it clear to the state that they will not allow double dipping, using the same entitlement for both, Commercial and Residential, even though they can be in the same physical space. He stated that he thinks that the applicants have agreed to that in terms of talking about the perimeter that they are looking to stay within as they build out. He asked if what he had said was clarifications. 48 '-' ..." Ms. Hammer replied that it did clarify. She stated that her concern is that it is always the number of Residential units. She stated that if you are looking at five hundred and eighty-six units, then that is more than ten units per acre if you were looking at the whole forty-six acres. She added that you are looking at 12.4 units per acre. She stated that if it was medium intensity, the maximum that you would be looking at is forty-six times nine which would be four hundred ninety-five. Chainnan Grande stated that it cannot add up to four hundred ninety-five. He clarified that it will be estimated to be around four hundred. He stated that he thinks that they are saying that if they use the total entitlement, to build up to the maximum Residential then there would be nothing left for Commercial. Mr. Kelly replied that that is correct. Chainnan Grande stated that unless they were planning to have no Commercial element, then they could not build to that maximum wherein they would get cut offby nine. Ms. Hammer asked what then would be the reason of having a maximum dwelling unit number of five hundred and eighty-six units. Chainnan Grande replied it is because they were asking for a maximum entitlement of fifteen, not of nine. Mr. Klein approached the podium to speak. He stated that maybe that is a question for him to answer. He stated that he is aware that there is a concern about density. He stated that they had to address the potential of that concern. He stated that it goes back to the ability that he had spoken of earlier and some of the things that will be discussed in regard to the TVC Element when it comes forward. He stated that if there is not enough Residential to support the Commercial, then they can pull back the pictures of some of the other Commercial in the area. He stated that it has to be there to support it. He stated that it recognizes that in all fairness, high density regarding fifteen units per acres has some years to perk up. He stated that the nine units do not get you where you need to be and the fifteen units allow more than is necessary or more than anyone is comfortable with. Chainnan Grande clarified that it is six hundred and ninety. Mr. Klein continued stating that the sub-area policy is designed to provide a range that gives you some comfort that they are not looking to dredge every potential unit out of the site as might be indicated otherwise with the highest density allowed in the county. He added that it also gives them the ability, as was indicated earlier, to have DCA review this in an appropriate and practical manner, which is exactly what could go here, not their "pie in the sky" maximum everything and it does not make any sense. He stated that it was an effort to be practical in tenns of appropriate type development, allowing the flexibility of a true Mixed Use without knowing where the units are going to go. He added that they are here with the conceptual plan. He stated that as they get in and start 49 '-" ...., doing the site plan and start working with the environmental division, engineering, and the utilities, things will move around. He stated that they need to be able to have that flexibility so that it is allowed over that whole site, but the limitations there that they want the board to recognize is that they have certain desires that they want to have met here and they do not want to go higher than that. Ms. Hammer replied that she appreciates what Mr. Klein is saying. She stated that her focus is in regards to the future. She stated that ifhe walks out and is stuck by lightening and the present owner flips the land to someone else, and they come in and say that it was given to them by the St. Lucie County Planning and Zoning Board, the zoning of future land use of Mixed Use high intensity, and by reason of approval, that they have the right to be able to put in the fifteen units per acre in effect. She concluded that this is what her fear is. Mr. Klein stated that he appreciates her concern. He also stated that that is the beauty of what they have done. He stated that had they not included the sub-area policies that, that is exactly what could happen. He stated that the sub-area policies are in a box on the map in the Comprehensive Plan of St. Lucie County. He stated that in order to change the sub- area policies, while there is a theoretical upper limit of fifteen units per acre, there is an actual upper limit of two hundred thousand square feet of Commercial and five hundred and eighty-six units of Residential. He concluded that that cannot be changed unless someone goes through the process of changing the Comprehensive Plan, wherein they have to appear before the board, seek permission to change Comprehensive Plan (which is only allowed twice a year), and then has to appear before DCA for review and Treasure Coast Regional Planning Council. He stated that finally they have to reappear before the board for adoption. He concluded that that is why they have done this and it cannot happen without going through that process. He clarified that it was not the matter of someone saying that they will cram it down their throat, but it is a matter of saying, if they would consent to changing that number upon request and the board's response could be as to having heard the long discussion with the original developers, I vow not to change it because the original number is the number that we want to keep. Ms. Hammer replied okay. Chairman Grande replied that he thinks that there is more than a hundred units' difference between the projected maximum number and what would be allowable as Residential if they fudged and did not include Commercial. He stated the numbers declare a true intent to do a Mixed Use and mix commercial and Residential together, which is a very positive offering. Mr. Klein reiterated that they were trying to do something different and that it is the idea of creating the node with the ability to get to it, without having to get into your car and to provide something for the other residents that are up there that may be have had to drive a long way. He asked if there were any other questions. 50 '-" ....., Ms. Hammer stated that the land is zoned Commercial. She asked if there are any benefits to the community to go from Commercial to allowing five hundred and eighty- six dwelling units. She stated that if you were inside of the crossed off line, then you would have to buy that density transfer, if everything happens. Mr. Klein answered the second part first. He stated that he does not agree with that because Monday afternoon, the County Commissioners clearly stated that inside of the Urban Service area is going to be different from the outside of the Urban Service area. He stated that there are certain aspects of areas inside of the Urban Service area that are going to be able to increase their density because of land uses that are not going to have to buy density, which remains to be seen. He stated that if you ask about the public benefit, it is obvious to see what the benefits are. He stated that the screen contains the features that they have shown and provides examples of the public benefit. He stated that the impact to their roads is reduced from 24,376 potential trips to 9,121. He stated that he would go further to say that that is at five hundred and eighty-six units and two hundred thousand square feet of Commercial. He stated that he is willing to bet that it will not be the full development of both of those; therefore the number may go down further. He stated that the second aspect is creating the type of development that they are encouraging. He stated that he would submit to them, that when someone comes and voluntarily looks to do a development that is unique to the community to provide something that does not exist or to provide a catalyst to that community to achieve what it should have achieved but is yet held back from achieving for so long, to view that the public benefit comes from the lifting up of the North County area, in that area which has been neglected for so long. He stated that they are providing the type of living and working area that is trying to be promoted in some areas rather than some of the development that is seen down south, which was indicated as unfavorable. He stated that he feels that there is a lot of public benefit and he does not believe that it can always be simplified to the fact regarding wanted density needs to be bought. He stated that he thinks that that is just as bad as what some of the developers down south say. He added that he does not agree with the statement of "one size fitting alL" He stated that that is his reason for his indications made towards Mr. Knapp's questions. He stated that you really have to look at the analysis in the context of what the development is trying to do as a whole. Chairman Grande thanked Mr. Klein. Mr. Klein concluded that the only other point that he would add regards the recommendation of the developers' agreement. He stated that he believes that they have had a long discussion regarding the benefits that are created by the sub-area policies and the protection that they create for the county as well as the self imposed limitations that they create for the developers and the ability to create the flexibility and allow a plan to develop and a PMUD, in this case most likely, to be able to operate as a flexible document as opposed to some of the rigidity that they have seen before. He stated that he does not believe that the recommendation for developers' agreement is appropriate. 51 '-' ...." He stated that he believes that they have voluntarily imposed upon themselves enough conditions that the developers' agreement is premature and it is ambiguous and he does not know what it would involve nor does he feel that it is necessary in this case. He concluded stating that he urges the Board not to recommend that that recommendation be continued. He made a comment regarding the Stop Gap. He stated that it is believed that they might be in the area of the Stop Gap. He also stated that he would like an affinnative recommendation consistent with what was done earlier, regarding the elimination or excluding of any concerns of them being in the Stop Gap. He stated that Staff has indicated that it is consistent with the County's Comprehensive Plan, the Regional Policy Plan and the State Comprehensive Plan. He stated that they believe that they are consistent in all aspects and they request that the boards recommendation of approval. Mr. Hearn asked a question regarding the event that the group may feel like a developers' agreement would be appropriate. He asked Mr. Klein if he would suggest to them the type ofIanguage that he would feel comfortable with, in a developer's agreement. Mr. Klein stated that he does not know. Mr. Hearn asked if he was willing to say something that closely resembles what they presented at the meeting. Mr. Klein stated that he presented a conceptual plan that they drew up without having gone through environmental review, engineering review, nor Staff review for testing to meet all of the criteria. He stated that they may not want him to sign that because it may not meet the county's code because they just drew a bubble plan to show the generalized aspects of it. He stated that he feels that it is a dangerous double edged sword that no one should want to have at this point. Mr. Hearn stated that he is trying to bridge the gap between what is suggested and what Mr. Klein's suggestions are. Mr. Klein stated that he does not know what would be in a developer's agreement. He stated that if he had more understanding of it, may be he would have an idea. He added that there is really nothing listed except the fact that there should be a developer's agreement. He stated that it does not tell him anything regarding making an infonned decisions. He stated that based on his knowledge of the process, there is so much yet to come. He stated that upon reviewing the question made regarding the Mint, he has no idea of how big the Mint is. Chainnan Grande stated that the Staff is positioning itself to answer that question. Mr. Klein replied okay. 52 '-' ~ Mr. Kelly stated that the Staff is really satisfied with the sub-area policies, except in the area of the preservation in the Mint. He stated that they want to ensure that that is protected. He stated that that is the issue. Chairman Grande reiterated that the question was more along the lines of, given that you are satisfied with the sub-area policies are you looking for a developer's agreement that would tie them very closely to the conceptual that they have presented so far, which they clearly indicated as at best, the conceptual and something better may emerge. He asked if they otherwise were saying that the agreement should firm up the sub elements that are in here and talk to the conservation area and the Mint area. Mr. Keny replied, the latter. He stated that they need to be more specific about things pertaining to the preservation area. Chairman Grande asked if the recommendation that was referred to the presentation of their conceptual and the board's desire for a developer's agreement, was or was not tied in together. Mr. Kelly replied that early on they were looking at more detail regarding the developer's agreement. He stated that they have come down to a real concern about the sub-area policies that have been proposed. He stated that he believes that it reany takes care of the majority of the issues that they were talking about. Chairman Grande asked if it would be fair to say that when this is passed on to the County Commission, it wi11 be passed on with a copy of the developer's agreement as is seen, so it will no longer be a conceptual discussion. Mr. Kelly replied that he is not sure that it will be because he is not sure that they win have a developer's in place. He added that Staff wants to ensure that the issues of preservation and the Mint are dealt with. He stated that if there is a method other than a developer's agreement, which is some level of enhanced sub-area policies to deal with it. He stated that they an have acknowledged that they need to deal with it. Mr. Klein stated that he is still a little confused. He asked if there was any aspect of the St. Lucie County Land Development Code dealing with preservation of that type of plant or dealing with the design of a planned development that is believed to be inadequate to protect the Mint during the process that is going forward. He stated that their presentation does not allow them to do anything. He stated that it is not a development order, nor is it a development permit. He stated that he cannot move forward and do anything. Mr. Kelly replied that he is correct. Mr. Klein continued asking if he wanted to go forward if he had to come back and go through the site plan process and the plan development process and meet an of the criteria of the County's code. 53 '-" """'" Mr. Kelly stated that that was correct. Mr. Klein asked if there was any portion of the County's code that is believed to be deficient with regards to the Mint area, such that needs to be protected by developer's agreement. Mr. Kelly stated that the question being asked is if their code is deficient in that area. Chainnan Grande replied that he does not know. He added that the answer is not necessarily yes nor no. Mr. Klein replied that he was not saying that because he does not want to do it. He clarified that he feels that it is a bit overkill. He stated that he is aware of the processes that are included in the procedures. He stated that he knows that they are going to have to come back. He stated that they know that it is there. He added that they have put it on their drawing. He stated that he does not know how they are going to come back and do a PMUD in front of the board and not have dealt with the Mint properly. He stated that he does not know what can be said now, that is going to be more than what the code requires him to do. Mr. Lounds stated that if Staff will take a step sideways and ask the county's agent to join hands with the environmental protection group, then they can come up with the answer as how to preserve the Mint. He stated that either of the offices can do that for him. He added that it will resolve the issue of how to preserve the Mint and what needs to be done around it, including air flow, water shed and everything else in regards to the plant being involved. He asked Mr. Klein ifhe knows what the plant looks like. Mr. Klein replied yes. He added that the plant is very nice and pretty. Mr. Lounds stated that the plant is very delicate. He also stated that that would answer Staffs question as to what needs to be put into this in order to preserve the Mint in a Preserved area. He stated that it can done at the University of Florida with Amy and Vanessa's input joined together with it. He stated that he feels that that would help answer the question regarding how big the Preserve is going to be. He stated that Mr. Klein may find that it needs to be bigger, or that there is a way that he can transplant it and put it some place else. He concluded stating until he asks them, he will never know. Mr. Klein stated that they are going to do all of that. He stated that he does not know what he is suppose to say that he will do in a developer's agreement now, that is not going to cover exactly what he has to do during the process. He stated that he thinks that a generalized developer's agreement that does not say, do or mean anything different is irrelevant. He stated that they are willing to work with Staff and that they understand the desire to come up with something. He stated that they have narrowed it down to something that is probably workable and he commits to the board that they will try to do something that lends more certainty to the process, but he just does not know what it is at this point. 54 '-" ...., Ms. Hammer asked Staff if there have been any communication or comment from Indian River officials. Mr. Kelly stated that he is not aware of any. Ms. Hammer stated that the reason being for her question is in regards to a project that the board had approve, which was near the Indian River County line. She stated that she was lead to believe that they had no problem with it and she later found out that there actually was a problem. She again asked if there had been any input on the subject from them at all. Mr. Kelly replied that he will make an effort to make sure that they coordinate there. Mr. Hearn commented on the point that Ms. Hammer had raised. He stated that he feels that the big objection that he sees regarding the folks in Indian River County is that they would like to have the development in their own county, rather than our county. Chainnan Grande asked Mr. Kelly to point out something on page eight under the developer's agreement, in the presentation under policy 211, which is in consistency with the Transportation Element. He stated that there is a discussion about signalization requirements on US 1. He stated that if they were looking for the developer to get the future land use changed, that the developer would actually under write the signalization requirements. He asked if that is what should be in a developer's agreement or is there something else. Ms. Stolzenberg replied that they are entering into the borderline of talking about things that get into the development order. She stated that when someone does this kind of analysis on transportation impacts, at the land use stage, it is hard to stop and declare an exact amount of trips that the land use will generate. She stated that they keep going one step further and they begin talking about road way improvements. She stated that they were not looking at that kind of specificity in a developer's agreement because they are not at the stage where they are actually coming forward with a development. She stated that they were really looking at the land use stage tying to figure out what can they do to make certain that when they get to the development being proposed that it includes the types of features that they want on the site, wherein one of them is the Preserve area. She stated that the discussion was picked up from the consultant that the applicant had provided as far as where they are going once they get into the development stage. She stated that the improvements may be necessary, but at the land use stage, they would not want to put this kind of thing into a developer's agreement. Chainnan Grande asked Ms. Stolzenberg if she was saying that the developer's agreement would be as a result of what was seen in the next application that came forward which may be presented as a PMUD or however they choose to present it. 55 ""' ...." Ms. Stolzenberg stated that they were not looking for a developer's agreement with that. She stated that they were just looking at the land use stage wherein they were talking about the area that needs to be preserved however; the exact specifications on it are unknown. She added that they wanted to make everyone aware of the fact that that is definitely going to be included what ever development proposal that comes in. Chainnan Grande asked if the same kind of assurance was on the sub-element. He asked if that was the only other thing that would be in the agreement. Mr. Klein stated that there is no need for a developer's agreement for the sub-area because it is memorializes the Comprehensive Plan. He stated that that is something that is there. He stated that with regards to signalization and traffic improvements with the developer's agreement, the PMUD will act as the contract between them and the County and it will require that. He stated that you do not know the exact needs until the development plan is created. Mr. Lounds asked if they had gotten to public comments yet. Chainnan Grande replied no. Mr. Lounds asked if they can get there. Chairman Grande opened the public hearing. Mr. Marty Sanders, the Growth Management Land Acquisition and Intergovernmental Relations Director for the school district, approached the podium to speak. He apologized to the applicant for not notifying them beforehand on the issue. He stated that he was not aware of all of the issues, until he received the package which was on the day of the hearing. He stated that he has been the fonner facilities director for the school district and as part of that job; he has provided some input on planning issues. He stated that his role has changed and now his primary role is to look at growth, and how it impacts the school district. He stated that there have been many times wherein the school has been the odd man out, when it comes to making land use decisions. He stated that things are not looked at, on the behalf of schools. He stated that he believes that Port St. Lucie and the land use decisions that were made by GDC, and how it impacts the school district with difficulty in meeting the public school needs is a good example ofthat. He stated that there are three developments before the board at the present meeting. He stated that they have some similarity. He stated that they are all taking some kind of non- Residential Use and converting them to a Residential Use. He added that this has impacts on the school district and the needs to provide schools and new school construction, as a result of it. He stated that he feels that there are some tremendous components of the project. He added that he feels that it has a lot of good planning techniques by clustering development and creating higher density development. He stated that this ultimately 56 "" ...", helps in transportation, traffic issues and all of those types of things. He stated that it has not addressed school impacts. He stated that part of the school board's inter-local agreement with the County Commission states that the planning will look impacts on the school district. He stated that the subject project, upon reviewing the additional impacts of public school needs, could have from one hundred and sixty to two hundred and eighty students. He added that the project is at its conceptual stage and the type of land use is unknown and he stated that the number of students that may have an impact on the school district as a result of the subject project depends upon their market. He stated that if you look at the needs for public schools, taking in consideration the impact fees that would be paid for the residential units; they could still have between 1.7 and 4.4 million dollars worth of short fall for public schools needs, without looking at land acquisition. He stated that at this point and time, they believe that the public school needs should be addressed on this project. He stated that he feels that they need to table the project and give him some time to work with the developer and their attorney to discuss alternatives as to ameliorate the impacts on the schools. Mr. Hearn asked Mr. Sanders a question. He stated that they have heard a lot about workforce housing in the community. He stated that he looks at the project as being a project that is going to pay a lot more and mean a lot more to the community, than workforce housing would be, if in fact the housing were workforce. He stated that if the project is going to create millions of dollars worth of deficits to the school board, then it needs to be addressed. He stated that he feels that the quality of this development will bring a lot more ad valorm taxes to the community and the school board, than some of the other projects that could go into there. Mr. Sanders stated that he is not quite sure. He stated that he have not looked at the situation from an economics perspective. However, if you use the same generation which was used in the traffic analysis with a million square feet of Commercial, he is not certain that the ad valorm wouldn't be higher in the Commercial, than it would be for the Residential. Mr. Hearn made a comment regarding the Commercial development that is in present position. Mr. Sanders replied that certainly an undeveloped property does not bring a lot an ad valonn taxes to anyone. He stated that he is sure that there will be a time certain that it will convert. He clarified that he was not saying that the project was bad; however he is certainly saying that as part of the Comprehensive Plan Amendment and the County's inter-local with the school board, that school needs and the common needs for planning for school needs to be addressed as part of the land use decisions. Mr. Hearn replied that he understands that, however, he is not sure if what they are being asked tonight will even stop that from happening at a later date, before that project comes forward. 57 ~ wi Mr. Sanders stated that he is not certain if that was correct because they were asking for a conversion to Residential. He stated that once they get that conversion, they will obtain a use by right. Mr. Hearn stated that he understands that but, that is where the school district has to step forward and make them pay their fair share. Mr. Sanders stated that they have no mechanism to do so. He reiterated that the school district is that "odd man out." He stated that local government makes the land use decisions and then the school district has to provide the services, no matter how they end up because ofthe impacts of the decisions that the local government makes. Mr. Hearn stated that they have made a lot of bad decisions in past. He stated that he understands that and that is why he is concerned along with that they do provide for the students. Mr. Sanders stated that he has not seen anything in the application that would lead them to believe what type of housing this might be. Mr. Hearn stated that he does not understand that. Chainnan Grande made a comment regarding the impact fees before the approval of the project. He asked Mr. Sanders if that had happened yet. Mr. Sanders replied that that had not happened yet. Chainnan Grande stated that if the project be approved at the present hearing, with the advantage of that happening, the school board in simplest tenns should probably lose some energy and come up with a negotiable agreement. Mr. Sanders replied without a doubt and that he does not believe the board would be doing the duty of the inter-local agreement with the school district to consider the impact on the school district before making that land use decisions. Mr. Hearn stated that before the project comes before the Board of County Commissioners that Mr. Sanders has the opportunity to do what he is asking to do at the present hearing. He stated that they are not approving the project. Mr. Sanders replied that he is sure that the present board will either approve the project or deny it. Mr. Hearn restated that they do not approve the project. He clarified that they send recommendations to the Board of County Commissioners. He added that there are a lot of differences that they found out last month. He stated that Mr. Sanders has the time to do what he needs to do between now and then. 58 '-' ...., Mr. Sanders replied okay. Mr. Lounds stated that it sounds like a motion was being made. Mr. Hearn replied sure. Chairman Grande made asked the county's attorney a question which was not clearly recorded. Ms. Young replied that she was not sure because as far as the negotiations go, when it really goes forward with a specific project plans, there will be a lot more detail than is given now. She added that it can be included in the motion comments that Staff is directed to work with the school board on any issues that they may have, prior to the board's hearing. She concluded that they can do that. Ms. Stolzenberg stated that pursuant to the inter-local agreement that the County has entered into with the school board, one of the things that they do as Staff is send out Amendment Applications and site plans along to the school board. She stated that they have gotten comments on some of those. She also stated that they did not get a comment on this one; therefore they did not think that this was a problem. Chairman Grande stated that this seem to be a timing thing. Mr. Sanders stated that it is a timing issue. He restated that is why began by apologizing to the applicant that he had not had a chance to talk to them beforehand. He stated that his change in roles at the school district within the last two months has left him fully engaged in looking at growth issues. Ms. Stolzenberg stated that they advise the applicants that they are not going to carry their applications further until they have met with the school board. She added that they have some kind of correspondence that says how the problem will be resolved or if there was an agreement, disagreements or a negotiation. She stated that the mitigation, which is the recommendation that will come fÌ'om the school board Staff, is not mandatory at this point in time; however it will eventually be mandatory. She stated that it is mandatory that they begin to cooperate with the school board, share the information, and ask for their input and to direct the applicant to meet with them. She concluded that when they do not get a letter back, it is not their responsibility to direct the applicant to go through that routine measure. She stated that that routine measurement had worked for her when she had worked in Ft. Lauderdale. She concluded that there is a sufficient time that the applicant can meet with the Staff and they can get correspondence back that would indicate how the matter has been addressed. Chairman Grande stated that he thinks that that answer is great if the school board concurs with it. He stated that Mr. Sanders have come forward that they do not move forward. 59 '- 'WI Mr. Sanders stated that he feels that they have sufficient time between now and the Board of County Commissions meeting that they could work with the applicant to look at ways that they can mitigate the impacts. Chainnan Grande replied great and he thanked Mr. Sanders. Mr. Knapp stated that Mr. Sanders mentioned that there were three developments and that the amount of units could possibly impact the school. He asked Mr. Sanders if that was a number that he threw out just for this development. Mr. Sanders replied that that number is just for this development. He stated that those are using average to medium rates of student generations per household. He stated that it is really difficult to tell if the market is similar to what they are proposing at Coconut Cove or something lower than that. He added that if workforce housing is addressed, then it could be higher than that. Chainnan Grande stated that the number which was indicated was a hundred and sixty to two hundred and eighty. He stated that if you take the standard that Katherine always hits them with, then the answer to five hundred and eighty-six units would come out in that range. Mr. Sanders stated that he looked at the five hundred and sixty-eight units with a student generation rate of .282 per household. He stated that that is the average for multi-housing in the County, including beach condos to apartments in the city of Ft. Pierce. He stated that on average in the county, it is .282. Mr. Knapp stated that he just wanted to clarify that. He stated that he had read in the newspaper that there had been steps made for the school board to increase their impact fee. He asked Mr. Sanders if that was his position also to do the study or to get the impact fee increased or to where it needs to be for the school board. Mr. Sanders replied that that was correct. He stated that the impact fee tries to pay the difference between the cost for necessary services from the school district that the development will create and then the difference between what taxes are paid and revenue streams come in to help meet that. He stated that currently the impact fees are about three thousand dollars per dwelling unit. He stated that this past Tuesday the school board reviewed the closure report from Dr. Nichols at the University of Florida and has recommended a new impact few of approximately 4,950 dollars. He stated that that recorded recommendation will be forwarded to the County for their action to appear before the LP and ultimately the Board of County Commissions for adoption of an updated impact fee. He stated that that increase of an impact come with two components. He stated that one of the components is the inclusion of land as part of the impact fee. He stated that previous historical cost did not include land wherein the land cost was not in the previous impact fee. He stated that it also looks at a newer construction cost. He stated that they 60 \..i 'wIÌ are looking at the cost of the last two schools that have been constructed and the cost per student stages and updating it for that as well as the new revenue estimates. He stated that the school board has a twenty year plan that was created about a year and a half or two years ago that looked at school needs. He stated that that is approximately two billion dollars worth of needs over the time period of twenty years. He stated that the district is trying to devise funding mechanisms because they have very little opportunities to make new funds. He stated that they do not have the ability. He stated that the state sets their ability and their ad valorm punctuates with the exception of the two mils that the local school district has for capital improvements and impact fees. He stated that the only thing that the school board has control of, within a revenue stream, is the two mils and impact fees. He stated that they have been looking at that as well as talking about a half-case of sales taxes, which is a vote referendum that they be on a ballot sometime in October. Chairman Grande thanked Mr. Sanders and asked if there was anyone else that would like to speak on the behalf of the application. Chairman Grande closed the public portion. Mr. Bobby Klein approached the podium to speak. He stated that he was trying to figure out how to vouch a response to the discussion. He stated that they have had a number of motions that he has had to deal with in terms of the discussion. He stated that as a former president of the education foundation, he is a strong supporter of the schools. He stated that they have had a number of clients that have gone through the process and have worked with the school district and have voluntarily agreed to pay an impact fee of four hundred and ninety-four dollars per unit, that was approved for the development, in addition to the impact fees that are being accessed because they recognized that there was a lack of a component for a capital land acquisition. He stated that they have never anticipated that they would not be doing that, other than the fact that the impact fees were going to be increased. He stated that their agreement with the school district states that when the capital component is included in the impact fees, this voluntary agreement will go away because you will be paying it in your building permits. He stated that having said that, he has known Mr. Sanders for quite sometime and they have worked together for a long time. Mr. Klein apologized that Mr. Sanders had just received the notice today. He added that he would have liked to have had the opportunity to speak with Mr. Sanders before the present hearing. He stated that it bothered him to find that the reflection was not appropriate on the project or on the development team with regards to neglecting to talk with the school district. He stated that they will try to talk to them, although he is currently busy all the way up to the hearing. He added that they will do the best that they can to accommodate it. He added that he has a vacation that has been scheduled and the hearing is three weeks from now and he is not sure if they will have the opportunity to meet and do whatever it is that needs to be done. He concluded that he does not know what it is that they need to do. He stated that this is a premature discussion. He stated that they have shown that the units could be anywhere 61 '- ..., trom two hundred and something to five hundred and something. He stated that they do not know the impact. He stated that as Mr. Sanders had indicated, they do not know what type of units. He stated that he certainly has no problem sitting down with Mr. Sanders and the superintendent of the school district, but he is at a total loss as to what it is that they are going to discuss. He stated that he has every understanding that when they come back with the defined site plan or PMUD showing what they are going to be doing, they will be able to analyze he impacts of the project and understand the impacts of the school district and if they are not addressed properly by the impact fees, they will have the opportunity to do. He stated that the general practice has been in this community for the past year and a half to two years, is that that takes place between the preliminary and the final approvals of the PUDs. He stated that that is why he feels that he is at a disadvantage because he feels like if they are putting some condition on him to go talk with them, he is not sure that the board knows what it is nor Mr. Sanders know what it is that they are talking about. He added that he knows that he does not know what it is that they are talking about. He stated that he does not know what he is supposed to be doing. He restated that they will be talking to the school district, however he does not know what about. Chairman Grande thanked Mr. Klein. Mr. Lounds stated that the rules of engagement between the developers and the school board are pretty clear that when it comes down to what you end up with, it is what you are going to pay impact fees on. He stated that this is the first time that a developer and a group of folks have brought something like this before them. He stated that they have listened to the Charrette and to the Towns Villages and Countryside and brought Mixed Use where there is Residential co-habitat with Commercial. He stated that Staff has probably had a lot of energy into this and he commends them for what they have put through to it. He stated that he thinks that it is good and he have not heard yet what the value of Mr. Klein's Residential will average out to be. Mr. Klein stated that of all of the developer clients that he has worked with lately, when they are asked what their value is like, they do not know because with concrete and steel and everything else, he does not know. Mr. Lounds told Mr. Klein to make an assumption. Mr. Klein replied that he suspect a couple of hundred thousand dollars. Chairman Grande added that he assumes that the couple of hundred thousand dollars is per room. Mr. Lounds stated that it looks like it is a good development and he likes it better than what was done years ago. He stated that he thinks that if they had been brought something like this at Porta Fina Shores, then they would feel better today about what that has turned out to be. He stated that some of his concern is that this type of 62 ~ ..., development does not impact a community as much as just straight Residential will. He added that he thinks that that is good. He added that anytime that you can keep the people in an area, and let them utilize the Commercialism ofthat area is great. Chainnan Grande asked Mr. Lounds ifhe was done. Mr. Lounds replied yes. Chainnan Grande asked if there were any other comments. Ms. Hammer stated that what bother her most are the conversations that she has had with representers of the Treasure Coast Regional Planning Council. She stated that one of the reasons that they got to a point where they are looking at the TVC is that the County has continuously given away density. She stated that this is one of the things that the Staff indicated to her. She stated that when she asked about how they are going to get people to pay for the density, that they had said that you do not give it away, therefore you do have to pay for it. She stated that she is wrestling with the idea of handing over five hundred and something units of density without them either being purchased from outside or inside of the Urban Service Boundary, or something done. She stated that she knows that the applicant said that there is going to be less traffic. She asked what the community is getting for allowing up to five hundred plus Residential units. Mr. Lounds stated that he agrees with Ms. Hammer, however he does not know what the mechanism is or what vehicle they would use to aid that comment. He stated that he does not know if there is one in place, inside of the Urban Service area. He stated that he does not know of a stewardship or of a transfer density that works inside of Urban Service area because it is pretty well set. He stated that if you get outside of the Urban Service area, where you could do a stewardship from a rural piece of land, however it cannot be transferred inside of the Urban Service area. Mr. Kelly stated that the stewardship program is not fully defined but he believes that Mr. Lounds is correct. Mr. Lounds stated that he does not know of a way as to transfer density inside an Urban Service area. Mr. Kelly stated that they can construct it in a way that you could. Chainnan Grande stated that they are getting a little far of field in that. He stated that based on how it is perceived; they do not have that mechanism in place. He stated that they are asked to review the application based on today's standards and compare what they are bringing to them and their future land use request to what is there now and or what could be there. He stated that they are not structured and he suspects that they will not be structured soon to answer that question. He stated that they need to review the application within the context of where they are now and what the impact is going to be. Chainnan Grande asked if there were any more comments. 63 "-- ......, Mr. Hearn stated that he is reminded of last month when they voted unanimously to turn down a project on 25th Street and Edwards Road, wherein the density was increased and the property was Commercial. He added that this board felt that the plan should have been better prepared. He restated that they had voted unanimously to oppose it and the Board of County Commissions vote unanimously to approve it. He concluded that the County Commission is not that concerned with giving away density and that is not a good thing. He stated that he thinks that the project is going to create a blue print for future development in that area, which he feels will be very positive. Mr. Lounds made a motion to approve the application ofVero Vista Center for a change in Future Land Use and Designation from Commercial to Mixed Use. He added that he thinks that it is a first quality approach to the Towns Villages and Countryside. He also stated that it is a good development and it fits within their comp plan as a PMUD. Ms. Morgan seconded the motion. Chainnan Grande stated that before they vote on that, that he has one question of the motion maker. He asked if he would like to include that before this reaches the County Commission, the questions regarding what ever discussion should take place with the school board and the Staff about a developer agreement be at least resolved or reduced to paper so that it is presented to the County Commission along with the application. Mr. Lounds asked Mr. Sanders if he was convinced that he will be able to get what he needs to get from the development before it goes to the County Commission. He stated that he understands the rules of engagement in impact fees that must be done before the County Commission will approve it. Mr. Sanders stated that impact fees are an issue paid at the time of building pennit. He stated that there are various other mechanisms used to mitigate impacts of development on schools. He stated that in Orange County, they have a Martinez doctrine, wherein the future land use map is amended to create more density. He stated that you can mitigate that by a payment of a fee to the school district. He stated that another method is shown in Martin County wherein they have donated school sites. He stated that there has never been a donation of school sites in St. Lucie County. He stated that developers have always forced the school district by creating the demand and enforcing them to pay fair market value for those sites. He stated that in Martin County, the developers have actual1y donated school sites and have actual1y paid fees in lure of dedication of school sites. He stated that there are various mechanisms available for the developer to mitigate those impacts. Mr. Lounds stated that he would like to add a school component to the motion if the second would agree to that, wherein the developers wil1 get in agreement with Mr. Sanders and the school board before it comes before the County Commission. 64 '- "wi Ms. Morgan stated that the motion was to change the future land use, and it is not to approve any project or Residential units. She stated that it is to change from Commercial to Mixed Use. She stated that he does not know how many units will be on there. She stated that they are going to work together because if it comes back, the board wilt send them back to negotiate. Ms. Hammer stated that the project is in St. Lucie County, yet the name hovering over it says, Vero Vista Center. She stated that it appears to be referring to Vero as opposed to referring to St. Lucie County. Chainnan Grande asked if they could change the name on it. Mr. Klein stated that it is an entity that exists. He stated that there are deeds in that name. He stated that he appreciates the comment. He stated that he had the same comment when he found out about it, but it was too late. Ms. Hammer stated that all of their deeds say reserved but the developer changed the name to PGA Village. Mr. Klein stated that that is why they are calling it High Ridge. Ms. Hammer replied okay. Mr. Lounds stated to call a question. Chainnan Grande asked if there were any other questions on the discussion. The Roll Call was made. Ms. Hammer said that she really has mixed emotions on the land use change. She stated that she will be voting no on the application, although she does not think that it is a bad idea. She stated that she remembers hearing that the future is now and the fact that they change the land use designation means that it can never go back. She concluded that this is her problem. Mr. Hearn replied yes. Mr. Knapp replied yes. Mr. Lounds replied yes. Ms. Morgan replied yes. Chainnan Grande replied yes. He stated that the application will be forwarded to the Board with a recommendation for approval. 65 FAVOR/OPPOSE/OTHER CORRESPONDENCE .- -.I KLEIN & DOBBINS, P. L. A TTORNEYS AND COUNSELORS A T LAW P.O. Box 2414 Fort Pierce. FL 34984·2414 805 Virginia Avenue Suite 25 Fort Pierce, FL 34982 (772) 409·1133 Fax(772) 409-1134 Writer's E·Mail csnay@kle¡ndobbins.com www.kleindobbins.com Writer's Direct Dial (772) 409-1133 June 29, 2005 Ms. Sheryl Stolzenberg St. Lucie County Planning Department 2300 Virginia Avenue Ft. Pierce, FL 34982 Re: Vero Vista, LLC/High Ridge Development Land Use Amendment Dear Ms. Stolzenberg: Upon further consideration of the sub-area policies proposed in connection with the above-referenced application, we propose the following changes (indicated by strike- through/underline): Sub-Area Policies The Future Land Use Element of the S1. Lucie County Comprehensive Plan is amended to read and the geographic area described by the High Ridge land use amendment, PUD development order shall be subject to the following: 1. Residential land uses shall be limited to a maximum of 450 :S8é dwelIing units and a minimum of250 dwelIing units. 2. The maximum 40% residential threshold set forth in Section 07.03.03.A of the S1. Lucie County Land Development Code will not be applicable to development on this site. 3. The maximum non-residential square footage permitted is 200,000 square feet and the minimum is 100,000 square feet. 4. Residential dwelIings units or spaces are permitted above lower level non-residential uses. 5. Designated transit stop locations shalI be provided within the Village (MXD) Center. 6. A variety of housing types are encouraged with generalIy higher densities located In proximity to the Village (MXD) Center, {00002937.1 } RD '- ...., Letter to Sheryl Stolzenberg June 29, 2005 Page 2 7. Public open space shall be provided with each neighborhood. 8. Where physically possible, each neighborhood shall be planned so that most housing units are within walking distance of the Village (MXD) Center. 9. Any site development plans proposed shall be required to address the Lakela's Mint plant species located within the site boundaries. This may include. but not be limited to. the dedication of a preservation area onsite, relocating isolated plants into the preservation area. etc. as necessary to ensure that the plant species is protected onsite. If you have any questions, please call me. Very truly yours, ROb~n RNK/cps Cc Dick Siemens Jim Spooner Mike Houston Cyndi Snay {00001270.1 '- COPY OF Bce APO LETTER ...., '-' ...., BOARD OF COUNTY COMMISSIONERS ~=r. ~ e.n: II~ , COUNTY,,>. FLORIDA GROWTH MANAGEMENT June 27, 2005 In accordance with the St. Lucie County Land Development Code, you are hereby advised that Vero Vista Center, LLC has petitioned S1. Lucie County for a Change in Future Land Use Classification from COM (Commercial) to MXD (Mixed Use) for the following described property: Location: East side of US Highway One, approximately 1/8 mile south of St. Lucie Countyllndian River County Line. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The second public hearing on the petition will be held at 6:00 P.M., or as soon thereafter as possible, on July 12, 2005, County Commissioner's Chambers, SL Lucie County Administration Building Anna, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the Board of COWlty Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he 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 swom 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 necesswy, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the S1. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call (772) 462-1960 if you have any questions, and refer to: File Number: PA-05-002. Sincerely, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS 1'~~ Frannie Hutchinson, Chainnan G2::) JOSEPH E. SMITH. DISTricr No.1' DOUG COWARD, Disrncr No 2 . PAULA A. LEWIS. DIStrict No.:) . FRANNIE HUTCHINSON, DiSTricr No.4' CHRIS CRAFT, District No.5 Counry AdminisrrOfor . Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 · Planning: (772) 462-2822 · GISfTechnical Services: (772) 462-1553 Economic Development: (772) 462-1550 · Fax: (772) 462-1581 Tourist Development: (772) 462-1529 · Fax: (772) 462-2132 www.co.st-Iucie.fl.us '-' ...." COpy OF Bee AD "- ...; NOTICE OF PROPOSED CHANGES TO THE ST. LUCIE COUNTY COMPREHENSIVE PLAN The Board of County Commissioners of 51. Lucie County Agency will consider Ihe transmittal to the Stale Department 01 Community Aftairs 01 three requests to change the Future Land Use designation of lands indicated on the map in Ihis advertisement, and a change to fhe lex! of fhe TranS XJftatlon Elemenl. A public hearing on eacl1 proposal will be held betore the Board of County Commissioners on July 12, 2005, in the County Commission Chambers, 3rd Floor of the Sf. Lucie County Administratiye Annex. 2300 Virg!nla Avenue,Fort Pierce, Florida. The hearing will begin at 6 pm or as soon thereafter as possib~e. . Interested parties may appear at the Board of County CommiSSioners meeting and be heard with resped to tha proposed plan amendments. The purpose of the public hearing is to consider the requests summarized below. MAP Amendm.nts Site 1 PetitiOn Applicant: Jeffrey Freedman Pe1ition Number: PA-QS-001 Location: East side of Soulh Kings Highway. north of and adjacent to the FL Pierce Jai Lai fronlon Requesl: Change the Fu1ure Land Use designation on approximately 40 acres from COM (Commercial) 10 RM (Residential Medium) Site 2 Petition Applicant: Vero Vista Center, LLC Petilion Numbar: PA-QS-002 Location: Between US 1 and Old Dixie Highway/A 1 A, approximately 118 mile south 01 the 51. Lucie County/Indian River County Line Request: Change the Future Land Use designatton on approximately 46 acres 'rom COM (Commercial) 10 MXD (Mixed Use) S~e 3 Petition Applicant: John Disalvatore Petilion Number: PA-QS-003 Localion: North of Metzger Road, east 0' Canal 29 and Westwood High School, south 01 Avenue M and wast of Angle Road (2 parcels) Request: Change the Future Land Use designation on approximately 56.9 acres 'rom IND (Industrial) to RH (Residenlial High) Tex! Amendmenl Petition Applicant: 51. Lucie County PelÜion Number: CPTA-05-Q01 Request: Adopt e new Objective 2.4.3 and Policy 2.4.3.1 into the text of the TranS XJftation Element beneath Goal 2.4, to acknowledge and provide protection for those roadways designated as ·scenic corridors· by the Florida Department 01 Transportation. The corridors include: Atlantic Beach BIvd./SR A1A from Indian River County 10 US 1; US 1 from North Beach Causeway to Seaway Drive; Seaway OrivelSR A1A to Martin County: Indian Riyer Drive from Seaway Driva south to Martin County. Files containing the proposed amendments are available lor public review at the 51. Lucie County Growth Managament Department, 2300 Virginia Avenue, Fort Pierce. Florida 34982 and the Clerk of Court, Finance Department, 2300 VIrginia Avenua. Fort Pierce, Florida 34982, during regular business hours 01 the Board of County Commissioners. Copies of the proposed amendment mey be obtained from the SI. Lucie County Growth Management Department, 2300 Virginia Avenue. Fort Pierce. Florida 34982. Questions may be directed 10 Sheryl Stolzenberg, Planner III, at 772-462- 1960. All proceedings befDre the Board 0' County Commissioners are electronically recorded. If a person decides 10 appeal any decision made with respect to any matter considered at the hearing, thai person will need a record of the proceedings and that for such purpose. parsons may need to ensure Ihat a verbatim record 01 the proceedings is made, which record inetudes the testimony and evidence upon which the appeal is to be based. At the request 01 any party to the proceedings. individuals 1estitying during the hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross examine any indiYid~al testifying during the hearing upon request. Anyone with a disability requiring accommodation to attend this hearing should contact the 51. Lucie County Community Services Director at (772) 462.1m or T.D.D. (772) 462·1428 at least forty-aight (48) hours prior to the hearing. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA /5/ FRANNIE HUTCHINSON, CHAIRMAN PUBLISH DATE: June 27, 2005 ,."", Board Members Carol A. Hilson, Chairman Judi Miller, Vice Chairman John Carvelli Samuel S. Gaines Kathryn Hensley Superintendent Michael J. Lannon 'CE:- . July 11, 2005 ~eècQ 't'¡ -\d...-Ç)~ ~e.:. Co. ç::>.~. ~. f\cW.. <2>~ ~f' Frannie Hutchinson, Chairman St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34954 RE: Future Land Use Plan Map Amendment requested by Vero Vista Center, LLC 46 acre parcel East of US Highway 1 -- File Number P A-05-002 Dear Chairman Hutchinson: This letter is to provide input on behalf of the School District for the above referenced land use amendment as provided in the lnterlocal Agreementfor Public School Facilities Planning-St. Lucie County. The attached memorandum from the School District's Executive Director of Growth Management provides the details of the impacts of the proposed land use amendment on the public school system. We have not been able to work out a method to mitigate the impact on the Public School Facilities with the applicant at this time. We urge that the County Commission recommend as a condition of forwarding the application to the Department ofCommumty Affairs that the applicant work with the School District to provide a mitigation of the impacts of the land use change. In the interest of providing written comments to the Board of County Commissioners prior to the public hearing, I am forwarding these comments to you prior to School Board review. Once the details from our consultant are received we will continue to work with the applicant to develop a method to mitigate the impact. At the time that data is available, it will be reviewed and acted upon by the School Board. If you have any questions please call me or our Executive Director of Growth Management, Marty Sanders at 429-3600. Sincerely,. ~ ~1~ Chairman Vi Enclosure C-'.IJnc........and&lI;"II'M-o;AlI19\M)' )¡~.....,..'("'v.L,,"..I\...._ L""icC"....y\SiII: 1'.. Ro,.....ri·~I..,..¡_~""c"'.rib1.12~ unee cc: School Board members Michael Lannon Dan Harrell, School Board Attorney b St. Lucie County Commissioners w/enclosure Bobby Klein w/enclosure ACCREDITED SYSTEM-WIDE BY THE SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS The School Board of St. Lucie County is an Equal Opportunity Agency ,..., Excelle~ in Education The School Board of St. Lucie County 4204 Okeechobee Road Fort Pierce, Florida 34947· (772) 429-3600 Board Members Carol A. Hilson, Chairman Judi Miller, Vice Chairman John Carvelli Samuel S. Gaines Kathryn Hensley Superintendent Michael J. Lannon MEMORANDUM TO: Board Members Michael Lannon Superintendent FROM: Marty Sanders, Executive Director of Growth Manageme~t, Land Acquisition & Inter-Governmental Relations 11 ~ .ð~ Future Land Use Plan Map Amendment-- V ero Vista Center, LLC 46 acre parcel East of US Highway 1 -- File Number P A-05-002 SUBJECT: DATE: July 11, 2005 As a part of the intergovernmental coordination I have reviewed the impacts ofthe proposed land use amendment on the St. Lucie County Public School system. The Interlocal Agreementfor Public School Facilities Planning-St. Lucie County between the School District, St. Lucie County, City ofPort S1. Lucie and the City of Fort Pierce states in Section 9.6 the factors considered in reviewing comprehensive plan amendment the local government shall consider the following: a) School Board comments. b) Available school capacity or planned improvements to increase school capacity. The project is proposed within the Zone 1 of the School District's choice system. The School District's current 5-year work plan has a shortfall of approximately $ 233 million dollars and does not have any new schools identified in to be constructed in Zone 1. Currently the elementary schools in Zone 1 are over the program capacity. There are insufficient permanent student stations at the middle and high schools to meet the program needs, but are being met thru the placement of portable classrooms on the sites. The High school in Zone 1, Fort Pierce Westwood H' h School is scheduled for modernization and will create additional ca1?~ty,b urrently not funded. S1. Lucie County has approved about 5,125 residen{:4áfdwel s since 2003. Based upon average student generation rates we ca¡tfhpect a public school students (867 elementary, 408 middle, and 192 hig~ Most 0, e located in Zone 1. Based upon the current 5-year work plan wê?'wilI have f capacity to meet the needs of additional residential units in Zon~l. Traditi ve made up the difference with the use 0 f relocatab Ie c1assroorps. ACCREDITED SYSTEM-WIDE BY THE SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS The School Board of St. Lucie County is an Equal Opportunity Agency Page 2 '-" Future Land Use Plan Map Amendment--Vero Vista Center, LLC 46 acre parcel East of US Highway 1 -- File Number PA-05-002 "'" Table 1 below provides an estimate ofthe impacts and capital needs based upon the proposed land use amendment. The current land use is commercial and would not have any residential units and as a result no capital requirements on the school system. Table 1 Land Use Amendments-School Impacts Estimates Base Data Student Generation Rate (Students Idu) Current 1m act Fees Estimate as Estimate as Multi Family Single Family Vero Vista acreage Density Max. Number of du 568 Estimated Public School Students 160 204 Students as a % of a k-8 10% 13% Cost of K-8 $ 35,000,000 Estimated School Capital Needs $ 3,503,850 $ 4,473,000 Impact fee revenue $1,364,336 $1,742,056 Project shortfall ($) $ 2,139,514 $ 2,730,944 Totals Current Impact generation rates Estimate as Estimate as Multi Family Single Family Dwelling units Capital need Revenue Shortfall Students at MF 2,108 $ 16,603,965 $10,137,380 759 Notes: Options $ 13,006,439 $ 7,941,966 595 $7,941,966 1. Assumes student generation rates based upon impact fee study 2. Options for mitigating impacts: 118 230 7% 14% $ 2,571,975 $ 5,032,125 $ 1,440,380 $ 2,814,934 $1,131,595 $ 2,217,191 Proposed Impact generation rates Estimate as Estimate as Multi Family Single Family $ 9,547,280 $ 4,200,529 436 $ 18,679,461 $ 8,230,306 854 Age restricted housing. Additional funding to mitigate additional cost. Page 3 ~ Future Land Use Plan Map Amendment--Vero Vista Center, LLC 46 acre parcel East of US Highway I -- File Nl.UIlber PA-05-002 ...." Table 2 Impact Fee Study Data Total Net occupancy Cost per State Local Total Impact Version Unit Type (Students/du) du credit Credit Credit Fee 2005 Draft Single Impact fee Family 0.405 $ 7,873 $ 243 $ 2,674 $ 2,917 $ 4,956 Multi Family 0.207 $ 4,029 $124 $ 1,368 $ 1.492 $ 2,537 Single October 1, 2003 Family 0.360 $ 5,905 $238 $ 2,605 $ 2,843 $ 3,061 Multi Familv 0.282 $ 3,235 $131 $1.427 $ 1,558 $ 1,677 Based upon historical funding the credits for local and state funds, it is pretty clear that the School District will not get any additional revenue ITom the state or ITom sales taxes as a result of a land use change. The capital improvement tax (CIT) or 2 mil revenue may change slightly as a result ofthe development but could be a similar gross taxable value with either land use. As the table above shows the range of the local and state credits is about $1,500 for multi family and about $ 2,900 for single family. The developer is not sure ofthe mix at this stage ofland use. It is my opinion that the impact due to land use change should be addressed at this time because they are different than those that occur at time of final development approval. The above credit is the main issue that should be addressed. As previously stated to the Board, Orange County has implemented an approach, commonly referred to as the Martinez Doctrine that makes up the difference in the credits. The S1. Lucie County Comprehensive plan provides several issue that address development impacts. The first is Policy 11.1.2.4 (Page 11-58) it states: "Future development shall pay for 100% of the capital improvements needed to address the impact of such development... Future development payments may ta/œ the form of, but are not limited to, voluntary contributions for the benf[/ìt of any public facility, impact fees, capacity fees, dedications of land, provisions of public facilities and future payments of user fees, special assessments and taxes. " At the 81. Lucie County Planning and Zoning public hearing on June 16, 2005 I agreed to work with the applicants to provide solutions to mitigate the impacts to the School District. Then on June 28, 2005 the School Board directed me to continue to work with the developers to address the impacts and seek solutions to prevent additional shortfalls in the necessary funding for the schools as a result ofthe development. Page 4 Future Land Use Plan Map Amendment--Vero Vista Center, LLC 46 acre parcel East of US Highway I -- File Number PA-05-002 -..... ..., Between my vacation schedule and the developer's representative, Bobby Klein vacation schedule, we have not been able to develop a mutually acceptable method to mitigate the school impacts. We continue the discussion and have committed to do so. Since the project is being heard at the Board of County Commissioner's meeting on July 12, 2005, the Board will not have an opportunity to review the data prior to that meeting. I recommend that should the Board of County Commission forward the land use amendment to the Department of Community Affairs, we ask that they do so with the condition or understanding that the applicant work with the School District to get an agreement in place prior to the final public hearings for adoption that will occur in about 90 days. In the interest of providing written comments prior to the public hearing, I have requested that School Board Chairman Judi Miller forward these comments to the Chairman of the County Commission. I will be at the Board of County Commission Public Hearing tomorrow night to represent the School District. Please call if you have any questions. MES/mtf C:~..Sottirw&\MSAI1191My~'(jov.LouI\St.lu:ieCmay.sœPIat~!W.......FTJJP~1.1~IÐCC~dlla.ckÞc cc: Dan Harrell, School Board Attorney Tim Bargeron, Assistant Superintend Business Services Sandy Wolfe, Deputy Superintendent >- "0 ::s ... U) CÞ CÞ CÞ CÞ LLu.. Õ'" ca u a.ca E a. _ E It) o o N "- "WI . Q,) ~ - Q) "0 ::¡:; u.Q)~ OUO (1 2 1ii c. (1 0 §ën.3 omm .?:> "ë (1 u. - "5 ::¡; ~ E (1 u. Q) Õ> c ëñ o o o a;j tfl o o o ,..: tfl o o o as tfl o o o ;i o o o ri tfl o o o Ñ tfl o o o. ...... tfl , tfl o o o Lñ tfl '-' ...., Agenda Request Item Number: Meeting Date: \:~ \--\ July 12, 2005 Consent Regular Public Hearing Leg. [ ] [ ] [ ] [X] Quasi-JD [ To: Submitted By: Board of County Commissioners Growth Management .J. presented. By ~ s-rl'¡;,r Assistant County Administrator Consider a privately submitted amendment to the Future Land Use Plan Map (FLUP), requested by John DiSalvatore ("The Preserve"), to change land use designation of a 56.9 acre parcel located generally west of Angle Road, east of Canal 29 and Westwood High School, north of Metzger Road" from Industrial (IND) land use to Residential High (RH) land use (maximum 15 units per gross acre). (File Number: PA-05-003) SUBJECT: BACKGROUND: . Applicant's reasons for request: Current land use designation is not entirely compatible with Comprehensive Plan; County has ample surplus of Industrial acreage; subject parcel is ideally suited for multifamily development and provides a transition from industrial lands to residential in south and school to the west. · Staff findings: Policy cited by applicant as proof that site should not be industrial is actually about rezoning and site does have access to major roadways: site cannot serve as transition between uses because existing industrial uses may be negatively affected by proposed residential uses (existing industrial adjacent uses make this site inappropriate for residential uses); County does not have an ample surplus of industrial land; staff is concemed that the loss of 56.9 acres of Industrial land will undermine goals of the St. Lucie County Economic Development Element of Comprehensive Plan by reducing the ability of the County to attract a diverse economic base and strengthen the job market. FUNDS AVAILABLE: N/A PREVIOUS ACTION: At the Local Planning Agency (LPA) meeting on June 16, 2005, LPA voted 5-1 to recommend that the County Commission not transmit the amendment. Staff recommends that the SOCC not transmit the amendment. RECOMMENDATION: COMMISSION ACTION: 00 APPROVED D OTHER D DENIED Approved 4-1 Comm. Smith No ENCE: uglas M. Anderso County Administrator Coordination/ Signatures County Attorney Finance: Environ. Resources; ~ Mgt. & Budget: Fire Dept: Utility: Purchasing: Public Works: Other: ", '. L'\l) ~ I '-" ""'" Board of County Commissioners: July 12, 2005 File Number PA-05-003 MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO: Board of County Commissioners FROM: David P. Kelly, Planning Manager DATE: July 1, 2005 SUBJECT: Application of The Preserve (John DiSalvatore) for a Change in Future Land Use Designation from IND (Industrial) to RH (Residential High _ maximum of 15 du/gross acre). LOCATION: The property is generally located west of Angle Road, east of Canal 29 and Westwood High School, north of Metzger Road and south of Avenue M ( Please see attached "Petition of John Disalvatore" Map) CURRENT FUTURE LAND USE DESIGNATION: IND (Industrial) PROPOSED FUTURE LAND USE DESIGNATION: RH (Residential High) EXISTING ZONING: IL (Industrial Light) PARCEL SIZE: 56.9 acres PROPOSED USE: Multifamily residential development SURROUNDING FUTURE LAND USE DESIGNATIONS: North: IND (Industrial). South: IND (Industrial) and MXD. East: IND (Industrial). West: P/F (Public Facilities) and IND (Industrial). Please see attached "Land Use" map SURROUNDING ZONING DESIGNATIONS: North: IL (Light Industrial). South: IL (Light Industrial) & Road right-of-way (Metzger Road) East: IL (Light Industrial). West: I (Institutional) and IL (Light Industrial) '-' July 1, 2005 Page 2 "wi Subject: The Preserve Future Land Use Designation Amendment File No.: PA-05-003 SURROUNDING EXISTING LAND USES: UTILITY SERVICE: TRANSPORTATION SERVICE: RIGHT-OF-WAY ADEQUACY: SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: The existing uses of lands abutting the subject property to the north and northwest, south of Montecillo Avenue /Avenue M, include an auto salvage business and vacant lands. The existing uses of lands north of Montecillo Avenue/Avenue M and southwest of Angle Road include single family homes and vacant lands. The existing uses of lands to the east include vacant lands and residences for that portion between north of Avenue I, and vacant lands, a storage facility with office and a repair shop for that portion south of Avenue I and north of Metzger Road. Existing lands to the south of the subject property contain agricultural uses, a warehouse and two single family homes. West of Canal No. 29 is Westwood High School. (Please see attached "Existing Land Use Map") The subject site is within the service area of the Ft. Pierce Utilities Authority. The existing right-of-way for Angle Road varies from 66 feet to 100 feet. (The applicant has identified Angle Road as the road to be accessed.) None. ............................................................................... Concurrency Deferral Affidavit. A future land use amendment is not regarded as a development order as defined in Florida Statutes and does not imply that any specific development scenario can occur on the property. No right to obtain a final development order or any other rights to develop the subject property are granted or implied by the County if the requested Comprehensive Plan amendment is approved. Analysis of potential impacts at the land use amendment stage is undertaken to determine if other portions of the Comprehensive Plan need to be revised as a result of approval of a land use amendment. Concurrency rights cannot be considered at the land use amendment stage because actual projects proceeding toward a final development order will enter the development review process between the time that a land use amendment is under consideration for approval and a final project is brought forward to use that approved land use amendment. Prior to the issuance of any final development order, the developer must demonstrate that all public facilities are available to service the parcel and obtain a Certificate of Capacity. ********************************************************************************************************** '-" ...", July 1, 2005 Page 3 Subject: The Preserve Future Land Use Designation Amendment File No.: PA-05-003 DATA AND ANALYSIS BACKGROUND The applicant is requesting a change in the Future Land Use designation of the 56.9 acre subject property (containing two parcels) from Industrial (IND) to Residential High (RH). The present Future Land Use designation of the subject property allows for both heavy and light industrial uses. The Future Land Use Element states that this land use designation "is applied to specific areas of the County identified as suitable for industrial use". The existing zoning designation is Industrial, Light (IL). The Future Land Use designations of lands abutting the sUbject property are summarized above and shown on the attached map entitled "Future Land Use", which also shows the future land use designations within y.¡ mile of the subject site. The existing use of the subject property is vacant land. The existing uses of lands abutting the subject property is summarized above, and also shown on the attached "Existing Use Map". *********************************************************************************************************** APPLICANT PROPOSAL AND REASONS FOR REQUEST The applicant requests a land use amendment to Residential High (RH) land use, which allows a density of up to 15 dwelling units per gross acre. The total acreage for which the application is submitted is 56.9 acres, which could yield a maximum of 853 dwelling units. The applicant provides three main reasons for the request: 1. The applicant states that the current land use designation and zoning category is 'not entirely compatible' with the S1. Lucie Comprehensive Plan location criteria provided at [Future Land Use Element] Policy 1.1.11.3, which requires Light Industrial property to have immediate access to the regional transportation network. 2. The applicant states that the County has an ample surplus of industrial lands that remain undeveloped and has also provided for new employment centers as part of mixed-use areas. 3. The applicant states that the subject parcel is 'ideally suited for multifamily development providing a transition from the adjacent industrial lands to residential lands to the south and the school to the west.' The applicant also identifies goal, objectives and policies of the S1. Lucie County Comprehensive Plan with which the applicant believes the proposal is consistent. These include Future Land Use Element Objectives 1.1.4, Objective 1.1.5, Objective 1.1.9 and Objective 1.1.12 ****************************************************************************************************** STAFF FINDINGS 1. During the presentation to the Local Planning Agency, the applicant stated that the intent of the proposed land use amendment was to enable the development of affordable housing. The application submitted to the County did not indicate that affordable housing was one of the justifications for the proposed amendment, or staff would have included '-" ....., July 1, 2005 Page 4 Subject: The Preserve Future Land Use Designation Amendment File No.: PA-05-003 that information in the analysis. Specific numerical goals to be achieved in the provision of affordable housing have not yet been adopted as a part of the St. Lucie County Comprehensive Plan, although the data and analysis in the Housing Element do identify need. However, despite the fact that affordable housing is needed in St. Lucie County, the concerns regarding compatibility with adjacent existing uses, and loss of needed industrial acreage with potential jobs remain. The recommendation to deny the land use amendment would still have been made even if affordable housing had been included in the analysis. Whether affordable or not, housing deserves to be located in proximity to uses compatible with residential. Where mixed use land use has been encouraged, design standards can ensure compatibility of light industrial with residential land uses. Where lands have been designated as "Industrial", such design considerations have not been ensured, as the primary intent was to encourage job development. 2. In addition, the comprehensive plan needs to be examined as a whole when evaluating a proposed land use change. Encouraging development of affordable housing is an important goal, and an equally important goal is enabling the County to encourage the provision of new employment, and the retention of existing industrial uses. 3. Future Land Use Element Policy 1.1.11.3, cited by the applicant as the basis for concluding that the Industrial land use designation of the subject site is not appropriate, is a policy that provides standards to use when considering a change in zoning to 'Light Industrial'. Point 3 under that Policy states that 'New Light Industrial areas should have immediate access to the regional transportation network'. Staff notes that the subject property has had 'Industrial' Land Use designation at least since the adoption of the 1990 St. Lucie County Comprehensive Plan and is not under consideration for a new rezoning to Light Industrial. In addition, the subject property has access to Angle Road via both Montecillo Avenue and Metzger Road. Angle Road east of Kings Highway is classified as a State Arterial Highway. 4. The applicant states that the County has an ample surplus of industrial lands that remain undeveloped. However, according to the St. Lucie County Future Land Use Element, approximately 850 acres of vacant land are available for additional industrial use. This vacant acreage represents approximately three-tenths of a percent (.3%) of the unincorporated County's total acreage. According to the Housing Element of the St. Lucie County Comprehensive Plan, there are 754 acres of vacant land in the unincorporated County that have Land Use designations allowing multi-family development, and that vacant land was projected to accommodate the needs of multi- family housing through the year 2020. 5. Staff is concerned that the loss of 56.9 acres of land originally planned for Industrial use, and surrounded by other lands with Industrial designation, will discourage the existing industrial uses adjacent to the property and undermine the goals of the St. Lucie County Economic Development Element of the Comprehensive Plan. The Economic Development Element stresses improving the economy of the County by attracting employers and investors to provide higher paying jobs. Economic Development Policy 12.1.1.1 states: "Attract investors to help diversify the industrial base, broaden the economic tax base and strengthen the job market." The proposed land use amendment would remove the subject property from the inventory of land available for industrial use, and therefore does not support and further this policy, or the general direction of the '-' """ July 1 , 2005 Page 5 Subject: The Preserve Future Land Use Designation Amendment File No.: PA-05-003 Economic Development Element. Loss of land within the Urban Services area that can be used for industrial purposes, at this point in the County's development, may result in future lack of ability to accommodate the desired employment base and put the County in the position of searching for land for future industrial uses that is not as appropriate. 6. The applicant has stated that the land use amendment would enable the subject property to serve as a transition between residential lands to the south and the school to the west. However, existing industrial uses abutting the property do not appear compatible with residential uses. The impact on those existing uses of new residential development can result in loss of the industrial uses. In addition, in accordance with Future Land Use Policy 1.1.5.3, when considering any amendment to the Future Land Use Maps of the County's Comprehensive Plan, a finding must be made that the property proposed for amendment is adjacent to, or no more than X mile of, the same or greater type of land use designation. As shown in the map entitled "The Preserve application", the properties directly adjacent to the subject property are Industrial. Although there are properties with Residential High land use designation to the south of the subject property that are within the X mile radius, properties with a Residential designation to the east and north are designated as Residential Urban, which is a lower density that that requested for the subject property. Thus, the proposal does not appear to be in the position to serve as a transition between the school and other residential lands. The applicant has provided a rebuttal letter regarding staff's findings. The letter, dated June 6, 2005, is included in the "Correspondence" section. ............................................................................... Any proposed amendment to the St. Lucie County Comprehensive Plan may be reviewed by several state and regional agencies. The State Department of Community Affairs, which is identified by Chapter 163, Florida Statutes (FS) as the "Land Planning Agency" for the state, has the responsibility to determine if proposed amendments are consistent with and further the St. Lucie County Comprehensive Plan, the State Comprehensive Plan, the Strategic Regional Policy Plan and Chapter 163, FS. The St. Lucie County Local Planning Agency (LPA), which is the Planning and Zoning Board, has the responsibility according to subsection 163.3174(4)(a), FS, to "make recommendations to the governing body regarding the adoption or amendment" of the Comprehensive Plan. ............................................................................... CONSISTENCY WITH THE ST. LUCIE COUNTY COMPREHENSIVE PLAN In reviewing this application for a proposed amendment to the St. Lucie County Future Land Use Map, staff finds that the following Goals, Objectives and Policies of the County Comprehensive Plan are applicable to this petition. FUTURE LAND USE ELEMENT The proposed amendment does not appear to support and further this element. The applicant cites several Objectives which support the proposed amendment. Staff findings do not support the applicant's conclusion. '-' ...".¡ July 1, 2005 Page 6 Subject: The Preserve Future Land Use Designation Amendment File No.: PA-05-003 Future Land Use Objective 1.1.4 · The applicant cites Future Land Use Objective 1.1.4, stating that the Objective addresses compatibility with adjacent land uses and that the proposed amendment will provide a transition between residential lands to the south, Industrial to the north and Institutional lands to the west. · However, Objective 1.1.4 actually addresses the provision of requirements in the Land Development Regulations (such as performance criteria and landscaping) to ensure that all new development be compatible with surrounding land uses, both existing and future. As noted above, there is reasonable concern that the insertion of high density multi- family residential uses adjacent to existing industrial uses, and proposed future industrial uses, might have a chilling effect upon the industrial lands. Future Land Use Objective 1.1.5 · The applicant states that the proposal is consistent with Future Land Use Objective 1.1.5, which states that future development within the Urban Services Area shall be directed to areas where urban and community services/facilities can be provided in the most efficient and compact manner so as to discourage proliferation of sprawl. It is noted that the subject property is located within the service area of the Fort Pierce Utility Authority (FPUA), which provided a letter to the applicant that is discussed below. Service can be provided, but the need level exceeds that for which the FPUA had planned. Improvements to the wastewater management system would be needed to accommodate the demand. Future Land Use Policy 1.1.5,3 · This Policy states: "When considering an amendment to the Future Land Use Maps of the County's Comprehensive Plan, the County Commission shall make the following findings, supported by the other elements of this Plan, prior to taking any approval actions granting an individual amendment to the Future Land Use Maps: 1. That the property under a land use amendment application is adjacent to, or within no more than y.. mile of the same or greater land use classification. 2. That the property under a land use amendment consideration lies within the Five Year Capital Improvement Program of the Water and Wastewater Master Plan for St. Lucie County or otherwise meets the requirements of Policy 1.1.5.4." . As noted in the prior analysis, adjacent lands are all designated as Industrial. While those classifications are 'greater' than the requested land use designation, a request for a lower intensity land use designation raises questions of compatibility with the existing Industrial uses. When examining the land use designations within a Y. mile radius, it is found that some lands with the requested density level are located to the south, but lower density lands are located north and east. . The second part of this Policy requires that the property for which an amendment is requested must lie within the Five Year Capital Improvement Program of the Water and ~ ...I July 1 , 2005 Page 7 Subject: The Preserve Future Land Use Designation Amendment File No.: PA-05-003 Wastewater Master Plan for St. Lucie County or otherwise meet the requirements of Policy 1.1.5.4 (a policy requiring access to potable water and sanitary sewer services). It is noted that an amendment to the land use map of the comprehensive plan does not require a concurrency determination. However, the minimum standards of Rule 9J-11, Florida Administrative Code, require that local governments evaluate the potential impacts of proposed amendments on services. The subject property lies within the service area of the FPUA. Calculations from the applicant submitted to FPUA estimated that the total wastewater that could be generated by the sUbject property if developed as nonresidential uses would be 145,664 gallons of wastewater a day. If the subject property is developed as a residential project with 15 housing units per acre, the wastewater flow would increase to 204,840 gallons per day. A letter from FPUA to the applicant (please see attached letter) indicates that service can be provided but that wastewater capacity for a proposal such as this is limited in the vicinity of this proposal. Improvements to the local wastewater system would be needed. The burden of ensuring construction of the improvements to the wastewater system would fall upon the applicant. Future land Use Objective 1.1.9 · The applicant cites this Objective as one with which the application is consistent. · This Objective states that the County shall, through enforcement of Chapter 6.00.00 of its Land Development Code, support standards for protection/creation of native plant communities within the County. The applicant indicates that the subject property is of sufficient size to allow for preservation and buffering of those environmental assets on the property that were identified in the Environmental Impact Report submitted as part of this application and that development would provide the required protections. · Any use of this property would need to be consistent with this Objective. A change in land use designation is not required in order to achieve the Objective. Future land Use Objective 1.1.11 · This Objective states that the County shall 'continue to work with interested groups and agencies to increase and broaden the County's economic base while expanding existing business and industrial opportunities.' · The proposed amendment would reduce the County's ability to implement this Objective. Future land Use Objective 1.1.12 · The applicant cites this Objective as one with which the application is consistent. · This Objective states that, pursuant to Chapter 5.00.00 of the Land Development Code, all development orders and permits for future development shall be issued only if public facilities necessary to meet the level of service standards are available concurrent with the impacts of development. This Objective affirms that the County will enforce the state- mandated Concurrency provisions for development orders. Concurrency is not a requirement for land use plan amendments, but is required for subsequent development orders. Any development of this property would be subject to the requirements '-" ...." July 1, 2005 Page 8 Subject: The Preserve Future Land Use Designation Amendment File No.: PA-05-003 addressed by this Objective. A change in land use designation is not needed to implement this Objective. TRANSPORTATION ELEMENT A future land use amendment is not regarded as a development order as defined in Florida Statutes and does not imply that any specific development scenario can occur on the property. No right to obtain a final development order or any other rights to develop the subject property are granted or implied by the County if the requested Comprehensive Plan amendment is approved. Analysis of potential impacts at the land use stage is undertaken to determine if other portions of the Comprehensive Plan need to be revised as a result of approval of a land use amendment. Concurrency rights cannot be considered at the land use amendment stage because actual projects proceeding toward a final development order will enter the development review process between the time that a land use amendment is under consideration for approval and a final project is brought forward to use that approved land use amendment. Prior to the issuance of any final development order, the developer must demonstrate that all public facilities are available to service the parcel and obtain a Certificate of Capacity. The proposed amendment has been determined not to conflict with this element. When considering a possible change to Future Land Use, this element requires the following: Objective 2.1.1: The St. Lucie County transportation system shall be reviewed in coordination with any requested changes to the Future Land Use Element or other related components of this plan. A report on the impacts to the system brought about by any proposed land use changes shall be prepared and presented to the Board of County Commissioners as part of the review of that Land Use change. The applicant provided a Transportation Impact Analysis Report estimating the trips associated with the maximum potential development for both the current and proposed Future Land Use designations. The daily trip generation calculations provided by the applicant indicate that the proposed Land Use generates fewer trips than the existing Land Use designation. (Please see attached table labeled "Exhibit 2A DiSalvatore Property Daily Trip Generation Comparison"). Road and Bridge Department review The Road and Bridge Department staff reviewed the Transportation Impact Analysis Report. Their comments indicated their understanding that a Land Use amendment includes a concurrency deferral, and that roadway concurrency would be determined in conjunction with a formal development application. Given that fact, the Road and Bridge review stated that an application for formal development would need to determine whether a decrease in trips would occur, and what the actual impact on the roadway system would be. Additional information will be necessary at that time. The applicant reviewed the 5t. Lucie Metropolitan Planning Organization (MPO) fiscal year 2004/2005 through 2008/2009 Transportation Improvement Program (TIP) to determine if any roadways within the impact area are scheduled to be improved. No roadways within this impact area are scheduled for improvement within the 5-year timeframe. ~ ....., July 1, 2005 Page 9 Subject: The Preserve Future Land Use Designation Amendment File No.: PA-05-003 St. Lucie Metropolitan Planning Organization review The St. Lucie Metropolitan Planning Organization (MPO) staff reviewed the proposed Land Use amendment and noted that it is not in conflict with the MPO's adopted 2025 Long Range Transportation Plan. (Please see attached letter from the St. Lucie Metropolitan Planning Organization.) HOUSING ELEMENT As has been noted above, the Housing Element data and analysis indicated that the 754 acres of vacant land available for multi-family housing was sufficient to accommodate needs projected to the year 2020. Based on this analysis, the following Housing Policy was adopted: Policy 5.1.1.1: To provide sufficient land to meet the future housing needs, the Future Land Use Map has designated 1,868 acres to accommodate 9,340 new single-family dwelling units and 754 acres to accommodate a minimum of 6,786 new multifamily dwelling units. If the proposed amendment is adopted, the State Department of Community Affairs may find that the St. Lucie County Comprehensive Plan is internally inconsistent, which is a violation of subsection 163.3177(2), Florida Statutes, or may require St. Lucie County to revise its Comprehensive Plan and Housing Element in order to demonstrate the need for the additional acreage. INFRASTRUCTURE ELEMENT The applicant has provided documentation about the potential impacts on potable water, sanitary sewer and drainage services. This analysis is provided to comply with the requirements of Rule 9J-11 and is not a concurrency reservation analysis. Prior to any Final Development Order for the property. a developer must obtain Certificates of Capacity that demonstrate sufficient capacity in these services is available to serve the proposal. . Sanitary Sewer Sub-Element The proposed amendment is not in conflict with this sub-element, but the service provider has advised that improvements may be necessary to ensure service availability (Please see attached letter in "Correspondence" section.) Sanitary Sewer Objective 6D.1.2. states: The County shall implement procedures for ensuring that when a development permit is issued, pursuant to then current Service Availability Report, adequate facility capacity is available or will be available when needed to serve the development, concurrent with the impacts, in order to meet adopted level-of-service standards. '-' -....I July 1, 2005 Page 10 Subject: The Preserve Future Land Use Designation Amendment File No.: PA-OS-003 Because the proposed amendment is contained within the Urban Services Area Boundary and is within the Fort Pierce Utility Authority (FPUA) Service Area, the proposed amendment can be consistent with this sub-element at the time that a Final Development Order would be issued. FPUA has provided a letter verifying that service can be made available, but that"... the entire wastewater system that this project will effect will require evaluation by a private consultant in order to determine what improvements may be necessary to handle the increased flow." Prior to issuance of any Final Development Order, an applicant would need to demonstrate that these issues have been addressed. Sanitary Sewer Sub-element Policy 6D. 1.2.2.: The level of service standard for those areas of the unincorporated County served by Ft. Pierce Utility Authority shall be 380 gallons per capita per day (Ft. Pierce Utilities Authority 1988 Water and Wastewater Master Plan, July 1988). Assuming that the existing Industrial land use designation would yield a maximum of 1,239,282 square feet of floor area (based on the maximum 50% lot coverage allowed in both Industrial zoning districts), and that 2,500 square feet is needed per employee (according to the calculations of the "Fiscal Impact Analysis Model" ["FlAM"] created by Fishkind and Associates for calculating costs and revenues for land use changes), the estimated number of employees for the subject property with its current "Industrial" classification would be 496 employees. At a level of service of 380 gallons per capita per day for employee, the resulting daily wastewater flow would be 188,480 gallons. If the amendment is adopted, a maximum of 853 residential units could be built. With a person per household rate of 2.47 (Census 2000), the residential wastewater generation would be 360 units X 2.47 = 2,107 persons. At a rate of 380 gallons per capita per day, the wastewater generation rate would be 800,626 gallons per day. The total daily demand for wastewater treatment if the amendment is adopted as proposed is estimated to be a higher demand than that generated by the subject site with its current land use designation. . Solid Waste Sub-Element The proposed amendment is not in conflict with this sub-element, because the sub-element states that the County will not need to begin to assess new disposal options until the year 2015. Solid Waste Objective 68.1.1.1 establishes a level of service of 9.31 pounds per capita per day to ensure sufficient capacity at the landfill through the year 2015. Assuming that the existing Industrial land use designation might yield a maximum of 1,239,282 square feet of floor area (based on the maximum 50% lot coverage allowed in both Industrial zoning districts), and that 2,500 square feet is needed per employee (according to the assumptions of the "Fiscal Impact Analysis Model" ["FlAM"] created by Fishkind and Associates for calculating costs and revenues from land use changes), the estimated number of employees for the subject property with its current 'Industrial' classification would be 496. At a level of service of 9.31 pounds per capita per day, the solid waste generated would be 4,618 pounds per day. If the amendment is adopted, a maximum of 853 multi-family dwelling units could be built. With a person per household rate of 2.47 (Census 2000) and a per capita solid waste level of service '-" .."., July 1, 2005 Page 11 Subject: The Preserve Future Land Use Designation Amendment File No.: PA-05-003 of 9.31 pounds per day, the subject site is estimated to generate 19,615 pounds of solid waste per day. . Drainage and Aquifer Recharge Sub-Element The proposed amendment is not inconsistent with this sub-element. The subject property is located within the existing limit of the North St. Lucie River Water Control District, and an allowable stormwater runoff rate has been established by that District. Future development will be required to comply with those limitations. In accordance with Objective 6C.1.4.2 of this element, all development will be conditioned on the availability of services necessary to maintain the level of service standards for stormwater set forth in Policy 6C.1.1.2. Objective 6C.3.2 requires development to protect the functions of natural groundwater recharge areas. Prior to development taking place the project will also require an Environmental Resource Permit from the South Florida Water Management District. . Potable Water Sub-Element The proposed amendment is not inconsistent with this sub-element. The subject property is located within the Fort Pierce Utility Authority (FPUA) service area and a letter from that provider indicates that potable water service is available via a 12-inch water main on the south side of Angle Road. Prior to any Final Development Order approvals, the applicant would be required to demonstrate that sufficient capacity is available to service the project, including provisions for fire protection. Potable Water Sub-Element Policy 6A.1.2.2: The level of service standard for those areas of the unincorporated County served by Ft. Pierce Utilities Authority shall be 332 gallons per capita per day (Ft. Pierce Utilities Authority, 1999). Assuming that the existing Industrial land use designation would yield a maximum of 1,239,282 square feet of retail floor area (based on the maximum 50% lot coverage allowed in both Industrial zoning districts), and that 2,500 square feet is needed per employee (according to the calculations of the "Fiscal Impact Analysis Model" ["FlAM"] created by Fishkind and Associates for calculating costs and revenues for land use changes), the estimated number of employees for the subject property with its current "Industrial" classification would be 496 employees. At a level of service of 332 gallons per capita per day for employee, the resulting daily demand for potable water would be estimated at 164,672 gallons per day. If the amendment is adopted as proposed, a maximum of 853 residential units could be built. With a person per household rate of 2.47 (Census 2000), the residential water demand would be 853 units X 2.47 = 2,107 persons. At a rate of 332 gallons per capita per day, the potable water demand would be 699,494 gallons per day. The total demand for potable water if the amendment is approved is estimated to be more than that of the existing future land use designation. '-' '..,I July 1, 2005 Page 12 Subject: The Preserve Future Land Use Designation Amendment File No.: PA-05-003 COASTAL MANAGEMENT ELEMENT The subject site is not located within the coastal planning area. Therefore, the proposed amendment has been determined not to conflict with this element. CONSERVATION ELEMENT The proposed amendment has been determined not to conflict with this element. An Environmental Impact Report was submitted by the applicant. The parcel was found to be dominated predominantly by disturbed pine flatwoods that accounted for approximately 36.94 acres the subject property. Previous use of the site as a junkyard had eliminated native canopy. Brazilian peppers, in the northeast corner and along the western boundary, occupy 9.90 acres. Vegetated non-forested wetlands are located in the northern portion of the subject property , occupying 1.20 acres. Citrus groves account for .88 acres. A race track with grandstand and outbuildings had been built in the southcentral portion of the subject property, and is now becoming reclaimed by native and exotic vegetation; this accounts for 4.04 acres. The remainder is in species that combine native and exotic vegetation. Of listed animal species, one active gopher tortoise burrow was observed. The applicant noted that, at time of development, all regulations pertaining to wetlands and other protected species would be enforced. This is consistent with the Goal of the Element: Goal 8.1: The natural resources of St. Lucie County shall be protected, appropriately used, or conserved in a manner which maximizes their functions, and values. RECREATION AND OPEN SPACE The current future land use designation of Industrial does not create a demand for recreational facilities. The proposed amendment will create a demand. Should the amendment be approved, a residential development would need to pay impact fees in order to ensure that it does not conflict with this Element of the Comprehensive Plan. The Level of Service for recreational facilities established in the St. Lucie County Comprehensive Plan is contained in Policy 9.1.1.1 of the Recreation and Open Space Element. Policy 9.1.1.1 Level of Service for Recreation and Open Space shall be as follows: . Community Parks: 5 acres/1000 residents in the unincorporated area . Regional parks: 5 acres/1000 residents countywide. If the amendment is adopted, a maximum of 853 multi-family dwelling units could be built. With a person per household rate of 2.47 (Census 2000), the total population is estimated as 2,107. The standard of 5 acres/1000 population for community parks produces a demand of 10 acres in community park acreage to meet the needs of the proposed residents. According to the information contained in Table 9-1 of the Recreation and Open Space Element of the St. Lucie County Comprehensive Plan, the total community park acreage is 160.3. The projected unincorporated permanent resident population for 2005, according to the Recreation "-' "'" July 1, 2005 Page 13 Subject: The Preserve Future Land Use Designation Amendment File No.: PA-05-003 and Open Space Element, is 70,951, which would require a community park total acreage of 354.7 acres in order to meet adopted level of service standards. With the current total acreage, the projected permanent population stands at a level of service of 2.3 acres/1000. An individual project can only be required to address impacts caused by that project. The applicant states that, given the size of the subject parcel, 10 acres of open space and recreation can be provided on the site. This is a positive step that can help ensure that this proposed project, if approved, does not further reduce the level of service for recreation for other residents. However, Policy 9.1.2.2 , which states that the County shall use monies collected from the parks impact fee to acquire additional open space, indicates that the proposed project would also be assessed its fair share of impact fees to ensure progress toward achieving the adopted level of service. According to Table 9-1 of the Recreation and Open Space Element, the County total Regional Park acreage is 7,069 acres. For Regional Parks, the countywide population is used for establishing level of service. The projected 2005 population for the County as cited in this Element is 220,334. This equates to approximately 32 acres per 1000 persons, which is well above the 5 acres per 1000 persons required as the level of service for Regional Parks. INTERGOVERNMENTAL COORDINATION ELEMENT The proposed amendment has been determined not to conflict with this element. CAPITAL IMPROVEMENT ELEMENT The proposed amendment has been determined not to conflict with this element. Levels of service for each required public facility are contained in this Element. The applicant of the proposed Future Land Use amendment has signed a Concurrency Deferral Affidavit that defers the reservation of capacity in public facilities. However, should this amendment be approved, a Certificate of Capacity demonstrating the availability of sufficient public facilities must be obtained before a final development order can be issued. ECONOMIC DEVELOPMENT ELEMENT The proposed amendment does not support and further the Goals, Objectives and Policies of this Element. As noted above in "Staff Findings", according to the statistics in the Future Land Use Element, approximately 850 acres of vacant land are still available for Industrial Use. This vacant acreage represents three-tenths of a percent (.3%) of the unincorporated County's total acreage. Adoption of the proposed amendment would further reduce the acreage available for Industrial use, and would not support or further the following Policy of the Economic Development Element: 12.2.2.3: Promote and encourage the implementation of the Treasure Coast and the St. Lucie County Comprehensive Economic Development Strategy (CEDS) ............................................................................... '-' ..J July 1, 2005 Page 14 Subject: The Preserve Future Land Use Designation Amendment File No.: PA-05-003 CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN The proposed amendment does not further or support the following goals and policies that apply to this petition: THE ECONOMY 187.201(21), Florida Statutes (FS) (a) Goal: Florida shall promote an economic climate which provides for economic stability, maximizes job opportunities, and increases per capita income for its residents. (b) Policies: 1. Attract new, job-producing industries, corporate headquarters, distribution and service centers, regional offices and research and development facilities to provide quality employment for the residents of Florida. ............................................................................... CONSISTENCY WITH THE REGIONAL POLICY PLAN The proposed amendment does not further or support the following goals and policies that apply to this petition: Regional Goal 3.6 Diversification of the year-round economy and establishment of an economic climate that will allow the Region to compete effectively in the global economy. Strategy 3.6.1: Support efforts to diversify the Regional Economy and to make the Region an effective competitor. Policy 3.6,1.1: Local governments should develop areawide land use plans that will increase the opportunities for business and commerce. Policy 3.6.1.2: Recruit desired businesses that would provide year-round employment opportunities. Policy 3.6.1.3: Identify locations for and encourage development of economic clusters for business that would benefit from being located near related industries in the Region. Policy 3.8.1.3: Local governments should prepare and adopt economic development elements as part of their comprehensive plans. ......................................................................... CONSISTENCY WITH SCHOOL DISTRICT PLANS Subsection 163.31777, Florida Statutes, requires local governments within the geographic area of a school district to enter into an Interlocal Agreement with the district school board that jointly establishes the specific ways in which the plans and processes of the district school board and local government are to be coordinated. S1. Lucie County adopted its Interlocal Agreement with the S1. Lucie County School Board on October 7, 2003. Pursuant to that Interlocal Agreement, '-" ..,,¡ July 1, 2005 Page 15 Subject: The Preserve Future Land Use Designation Amendment File No.: PA-05-003 S1. Lucie County provides the school board with copies of all petitions proposing land use changes, rezonings and site plans that will increase residential density. A copy of this petition was provided to the school board and comments were received from the school district staff recommending against the land use amendment unless capacity concerns can be mitigated. The applicant has been advised of the school district recommendations. In addition, a representative of the school district testified at the Local Planning Agency hearing. An e-mailed letter dated July 1, 2005 was submitted by the applicant in response to the school district concerns. Please see the attached letters in the "Correspondence" section. ************************************************************************************************************ CONCLUSION Based upon the information provided, staff has found the proposed land use change to be inconsistent with the Goals, Objectives and Policies as set forth in the County's Comprehensive Plan. Staff also finds that the proposed amendment does not support and further the State Comprehensive Plan and the Strategic Regional Policy Plan. The proposed amendment would further reduce available vacant land for industrial usage, which does not support the policy direction of the Economic Development Element of the Comprehensive Plan. The amendment will also place residential uses on land directly abutting existing industrial uses, which will lessen the ability of those uses to expand and develop new jobs and may discourage those industrial uses from remaining in place. Staff recommends that the Local Planning Agency forward a recommendation to the Board of County Commissioners that this application should not be transmitted to the State Department of Community Affairs for consideration as an amendment to the County Comprehensive Plan. ............................................................................... Attachment cc: County Administrator County Attorney File """ ., MAPS AND OTHER DATA 10 ~ .\ 0 0 (! N 0 w z.~ ui -- (t) N tV I 0 t .~ 0- > '- 0 [iIo $ ~ tV I "~ 11 .~ 1.0 '" 0 .~ ~ ('( 0 .." a. ~ 0°" ~~ II! c: ~ a. .c \ f 0 \X -:I .?> " " o r..> ~ ã: " .. 'Õ .5 Ê " o U c E .. :; J I ! i J ! . ò Æ-. - "~ ¡g ~uno:J aaqOl ~ee~o A petition 0 John Disalvatore for a Change in Fu ure Land Use Classification from IND (Industrial) to RH (Residential High). a: Q ,~ PA 05-003 Legend ~ Subject property ~',~ ~.~. ':>C- /~ew:.-u ¡>nf.I--I.....:..Í:-i .. ~ ~ ./ GIS '";'c~~,~ FLOYO JOHNSON RO Map prepared April 25, 2005 Land Use John Disalvatore PA 05-003 Subject property - 1/4 mile buffer Map prepared April 25, 2005 John Disa atore PA 05-003 Legend Subject property Map prepared April 25, 2005 Existing Land Use John Disalvatore Legend !)OR Cod... 0000 V¡¡calli Re!íióeniial 0100 Single Famity 1000 V¡¡"",,¡ Comm"reí_1 1100 SIore¡¡. 00" story 1200 Mí><ed uSlHlore & offoœlr""id".tial 1700 ('Jffl"" Buildings 2500 Repair 5<>rvice Shopa 2700 Auto sllJeslrep3irl.toroge 4000 V!IC<IIIi Inó",,!ria! 4800 Wiranou$in¡¡. d¡¡¡tribuocm _nials 4;100 01>61'1 $!Ora9" 6600 Oreh<!rd GI'O\IS$ 8aOO Public county schools D.... Sou,,,,,, $I. Wc:1e County P,operty AÞørai.ar 8300 AVEN 8300 1200 6600 4800 4000 2500 fi1 ¡¡¡ w o :¡ PA 05-003 Subject property - 56.90 acres N Map prepared April 2005 (j) (j) ..0 o .c u ø ø -'" o Martin '-" ...., ST. LUCIE METROPOLITAN PLANNING ORGANIZATION 2300 Virginia Avenue Telephone: 772-462-1593 Fort Pierce, FL 34982-5652 Facsimile: 772-462-2549 TO: Sheryl Stolzenberg, Planner III øm/- Marceia Lathou, MPO Planner FROM: DATE: April 11 , 2005 RE: Future Land Use Amendment Application - The Preserve MPO staff has reviewed The Preseve Future Land Use Amendment Application. Based on the submitted land use application, MPO staff notes that the project does not identify construction of major, public roadways or new lanes on existing roadways, and is therefore found not to be in conflict with the MPO's adopted 2025 Long Range Transportation Plan. In addition, the following comments are provided for the above-referenced project. · Angle Road ftom Avenue D/Metzger Road to Orange Avenue (SR 68) is identified as a "congested roadway" in the 2025 LRTP (see attached Table 4-5 of the LRTP). · Orange Avenue (SR 68) from Kings Highway (SR 713) to I-95/SR 9 is identified as a "congested roadway" in the 2025 LRTP (see attached Table 4-5 of the LRTP). · Orange Avenue (SR 68) from Angle Road to 25th Street (SR 615) is identified as a "congested roadway" in the 2025 LRTP (see attached Table 4-5 of the LRTP). · Kings Highway (SR 713) from Angle Road to Orange Avenue (SR 68) is identified as a "congested roadway" in the 2025 LRTP (see attached Table 4-5 of the LRTP). · Jenkins Road from Graham Road to Edwards Road is identified as a "congested roadway" in the 2025 LRTP (see attached Table 4-5 of the LRTP). · Okeechobee Road (SR 70) from 30th Street to 33rd Street is identified as a "congested roadway" in the 2025 LRTP (see attached Table 4-5 of the LRTP). Transportation Planning for Ft. Pierce, Port St. Lucie, St. Lucie Village and St. Lucie County '-'" -....J The Preserve FLUA Aprilll,2005 Page 2 · Okeechobee Road (SR 70) from Jenkins Road to Virginia Avenue is identified as a "congested roadway" in the 2025 LRTP (see attached Table 4-5 of the LRTP). · Angle Road from Metzger Road to Orange Avenue (SR 68) is identified in the 2025 LR TP needs plan (see attached Table 4-6 of the LRTP). · Kings Highway (SR 713) from Orange Avenue (SR 68) to Indrio Road (SR 614) is in the 2025 LRTP needs plan (see attached Table 4-6 of the LRTP). . · Orange Avenue (SR 68) west of Kings Highway (SR 713) to the Okeechobee County line is in the 2025 LRTP needs plan (see attached Table 4-6 of the LRTP). · A Kings Highway (SR 713)10range Avenue (SR 68) intersection improvement project is in the 2025 LRTP needs plan (see attached Table 4-6 of the LRTP). Thank you for the opportunity to review this plan amendment. If you have any questions, please do not hesitate to contact me at (772) 462-1593. Attachments (Tables 4-5 and 4-6 of the LRTP) cc (w/o attachment): Lois Bush, FOOT District 4 \w ...., J. T.ble 4-5 Transportation Plan 2025 Congested Roadways ~.. V :-:- r 5tpItnt UmllI- 21125 Tram ..." Facility V..~.,.Iþ' Ibllo F..... To 13111 SIr_ A_D 10_0 0.14 5111 SIr_H5R 6151 A-.cD . ViNini. A_lit ISR 701 .65· .17 "'" SnwI ISR '151 _i. A_lie 15R 70) EdwardI tad 0.69 5. $V SL ,_ Dr. ~ Driw AiraID Blvd. 0.74 " e Raed . OnIIa A....1It (SR 611 10_.. DI MeIzur Raed 0." ... UP RaM SIuIIIbad BIVIl Manin C_tv UIIC O.li :.. .-c Blvd. ISI. L"'¡e WG' Blvd. Del Rio lIod. 0.74 Jill Rio Blvd. I'IrI Sa. 1.acie Blvd. SR 716) Califemia BI,..s. 0.51 Jill Ii... A_lie 25111 s.r. (5UI5 33111 5nt1 1.01 ]010_. A_.. JOIh 5.... 13111 s.r. 075 d-* RaId '.drillS a.a.d 5.hrill Ra.d 0.«1 ..... RaId S.hri. a.a.d 25111 5.... ICR. 6151 0.41 1_ Dri.. Will Vimnia Dri... I'IrI 51. Lucie BIVIlISR 7161 UM .- Driw 1I'IrI 51. Lucie lIod. Soulhbond BIVIl 1.62 ia BIVIl · J·95/SR 9 I'IrI 51. Lucie II.... ISR 716\ 0.15 1ft rio Raed ISR 6141 EmwIMI A.......,SR 607) Kin"Hi-.. ISR 713\ 0.75 GnhIm a.d EdwwdI Ra.d 0.50 no..Hiù.... ISR 713 US I ISR51 Iftdrio Roed ISR 614) 0.67 .i_ Hi...... SR 71 3 Jlldrio tad (SR 6141 1.I......BlwI. 073 _Hi...... SR 713 SI. Luå. BMI. A,,-Ie Ra.d 0.69 ¡.... Ifj.h.... SR 713 I ""lie Rocd an..- 10_ ISR 611 0.74 ÎIIOI Ifj.h..... SR713 œ..ch.. Rood (SR 701 FL T-ke E"tra.ce 0.10 .......t RaId . USI(SR5 Tiffa..A_.. 0.50 i..... RaId US I (SR5 8.......... Driw 0.63 Ii..... RaId . 25111 Siner SR 6151 Sclrill Rood 0.72 i_v RaId 1-951 SB Ram. J.'5I NIl Il1o-. . 0.45 Ra.d ISR 70 Xi.a Hi.hWllv ISR 7131 1·951 SR , 0.73 Ra.d ISR 70 1-'51 5R9 Jenki.. Raed 091 -øbccRaed ISR 701 '_kinl a.a.d V,.-inil Avenue ISR 701 0.76 lbøIIøbcc RAId 15R 70) 30lIl 5.... 33rd Snet 0.13 Inn. A__ISR .11 Kill" Hi.hWII.. ISR 7131 J.'5I SR. , 0.14 Inn. 611 AnIle Rocd 25111 SIrCeIISR 6151 0.71 an 51. l.&Icic Blvd.. Mi_ a.a.d Flam.. Dri... UM an 51. Lucie Blvd. FlaraIA Driw AiraID Blvd. 0" l1li 51. Lucie ...... DarwirI 81vd. I'anDriw 0.57 'ma Villa 810lIl. US I (SR'I Flarau Driw 0.... 'rima Villa BIOIII. FlaraIA Drive AifOlO BIOIII. 0.4' 'riIIIa VÌIUI BlOIII. Ai_ Blod. ....heft BlOIII. 0.61 'lillll Villa 810lIl. ..whaft IIVIl Cuhmn BIOIII. 1.20 :R A·I·A ISa..... Drivel SauIh Brid. 8in_ Driw 1.01 ClwillRad EcNrds a.d Gilda CUI·Of11Iøod 0.17 L Lucie Wal 81.... '·'51 NB IIInIDI J.'5I 58 ....... 0.54 ...rileBIvd. OJ..... A_lit US I ISR5\ 1.00 Ii ISlt51 lJIdriallocd ISR. 614) 25111 5....,5I1.6m 0.17 Sit " 51. Lucie BI.... SR .·1·10 IsœIh brid.1 0.75 /sR.'1 A_..D SaIIIh BridlelSR A·I-A) UM SR,I OrIn. A_lit (SR 611 Dclawwe 10__ 1.01 SR', DcI...rc A_lit S...riK Blvd. 1.17 I ISRS! S...ri. BIOIII. Vi,lÍrIi. A_IItISR 701 1.09 I fSR.S! V¡rcinia A_.. (SR 70) Ed...rell Røod 0.96 1 ISIt 51 Edwards Raad Miclwo.. Rlad 1.00 I /5R.,1 Miclwova.a.d '-A_ue 1.01 51. L." Dr... 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I .I J ~ ! 1 1 I . tit .I ! I . I I 11 II Ii II I! 'II ! '" .. . . - . . . ¡ I f - I . j ! i . c I i II. I Q o II. . \.,... -..,J LOCAL PLANNING AGENCY MINUTES '-' AGENDA ITEM 4: THE PRESERVE-PA-05-003: This item was presented by Sheryl Stolzenberg. This is application file number P A-05- 003. This is the application of John Disalvatore, otherwise known as the Preserve. This is for a change in land use designation from Industrial to Residential High, which is a maximum of fifteen dwelling units per acre, for a 56.9 acre parcel, located west of Angle Road, east of Canal 29, north of Metzger Road and south of Ave. M. It is required by the 9J-11 Florida Administrative Code to look at the surrounding land use designations. Regarding the area, to the north and east, the zoning is Industrial and to the south it is Industrial and Mixed. To the west there is a public facility school and the zoning is industrial. She stated that they looked at the existing surrounding uses that are actually on the land now, and to the north and northwest, south of Ave. M there is an existing auto salvage yard and some vacant land. To the north of Avenue M, there is vacant land and some single family residences. To the east, there is vacant land and residences and additional vacant land and a storage facility with an office. She added that there is also a repair shop. In addition to the property having odd boundaries, to the south there is agricultural and some homes and west of canal 29 is Westwood High School. She stated that as required by 9J-11 Florida Administrative Code, they looked at the availability of and demands on sanitary sewer, solid waste, drainage, potable water, traffic circulation and recreation. She added that this is not concurrency, but it is the question of whether or not a provider has to change their plan in order to provide services or as to how they or the developers are going to provide services. She stated that a letter was received by the applicant, in which the copy came to them from Ft. Pierce Utilities Authorities, which is the service provider in that area. She stated that it indicated that waste water capacity is limited in the vicinity of this proposal and that a great deal of work would be needed in order to make certain that the service would be available. She stated that the provider had not planned for it; therefore either they or the developer would have to make the appropriate plans to make certain that service would be available if the amendment is approved. She stated that Staff concerns with this amendment arose when Staff began to look at the consistency with the Comprehensive Plan, in particular with the land use element. She stated that the applicant had identified a number of policies that they felt would support the amendment and were consistent with the amendment. She stated that they did not similarly construe those policies. She stated that the applicant had identified a particular land use policy 1.1.11.3, indicating that the land was not appropriate for Industrial, however that policy addresses the rezoning of land and it indicates that the land must have access to the regional roadway system. This site does have access to Angle Road via Metzger and Monticello. She stated that Angle Road east of Kings Highway is a state arterial. She stated that it is appropriate to classify the site as Industrial. In addition, we always have to look at policy 1.1.5.3 in the Land Use Element, when considering any amendment to look at whether the property is adjacent to or no more than one quarter of a mile rrom the same or greater land use. She stated that the adjacent land uses include Industrial and they are greater but they are not really types of land uses that they would feel are compatible with Residential. She stated that the second part of that policy which addresses that the area is within the ability of being served, the provider 66 \.i ....1 of sanitary sewer has indicated that service can be provided but someone is going to have to make certain that the facilities are installed, whether it will be at the expense of the developer or at the expense of the utility. She stated that it is just an identification that this level of service is not planned for, for the particular land use. She stated that that is the question that they need to be able to look at when they are looking at how well or how poorly this particular use has been planned for. She stated that they did not actually find that it conflicted with the Transportation Element. She stated that the applicant provided materials that stated that the traffic could be reduced by the change, but Road and Bridge Department said that until an actual fonnal proposal came in really couldn't evaluate whether the actual traffic generation would be lessened. She stated that they were concerned about impacts on consistency with other elements, which is another thing that the state law requires them to look at. In particular, the Economic Element is encouraging the development of industrial employment, which is a higher paying type of employment. She stated that their concern here is that if the County reduces the amount of available industrial acreage that they were in fact, not consistent with their own Economic Element. She stated that Staff did receive, on the particular amendment, a letter trom the school board Staff, indicating that they had concerns with this. Therefore, in regards to the infonnation that was available to them and in regards to their concerns about the incompatibility of the future and existing fudustrial Uses that are surrounding the site, they did not feel that this was an appropriate location for this particular land use, and they did not that this should be recommended for approval or transmitted. Chainnan Grande thanked Ms. Stolzenberg and asked if there were any questions of the Staff. Mr. Hearn asked if they would go back to the policy about the compatibility within a quarter of a mile. Ms. Stolzenberg stated that it is future land use policy 1.1.5.3, which says that when considering an amendment to the future land use maps of the County's Comprehensive Plan, "the County Commission shall make the following findings supported by the other elements of this plan, prior to taking any approval actions granting an individual amendment to the future land use maps: 1. That the properties under a land use amendment application is adjacent to or within no more than one quarter of a mile of the same or greater land use classification. 2. That the property under a land use amendment consideration lies within the five year capital improvement program of the water and waste water master plan for St. Lucie County or otherwise meets the requirements of policy 1.1.5.4, which specifically addresses the ability of services to be provided." She stated that her statement is that even though that the language states that it is no more than one quarter of a mile of the same or greater land use classification, she does not 67 \w ..." believe that what was meant was greater in tenns of intensity. She stated that what they probably meant was in regards to density. Mr. Hearn stated that he would agree with Ms. Stolzenberg. He stated that the reason being he went back to that discussion is because there may be a need to change the language wherein it will mean what it says. Ms. Stolzenberg replied right, and she feels that he is absolutely right. Chainnan Grande asked or says what it means. Mr. Hearn replied whatever. Mr. Lounds asked if the city limits whereabouts could be shown to him. He asked if they were near the city limits and is Angle Road a division line for them at the point of reaching the city limits. Mr. Kelly stated that anything located on the map that has a County land use designation would be in the County. Mr. Kelly looked through the Comprehensive Plan to find a map. Mr. Lounds stated that he was curious to know how close they are to Ft. Pierce's City Limits. Mr. Kelly stated that the city is the whiter area on the map. He pointed out that the 33Td Street generally straight up, is the current city limit. He pointed out the area that they were looking at. He also pointed out Westwood High School, which is adjacent to the property. He stated that the current city limit is over at 33rd Street. Mr. Lounds asked if the piece of service by Ft. Pierce Utilities was included. Mr. Kelly replied yes. Ms. Stolzenberg stated that they have a very large service area. Mr. Lounds thanked Staff. Chainnan Grande asked if there were any other questions of Staff before they hear rrom the applicant. Chairman Grande opened the public hearing. Mr. Jonathan Ferguson, rrom the law finn of Ruden McClosky, approached the podium to speak on the behalf of Mr. Disalvatore, who is the applicant for the land use amendment. He stated that they have reviewed Staffs memo and he added that they do not disagree with some of the issues that they have raised. However they feel that there 68 '-" ...I are other Comprehensive Plan policies that were no taken into account and when all things are balanced, they feel that the change in the land use for the subject property is appropriate. He stated that he would like to review some of the land use policies and point out why they feel that it is appropriate. He concluded stating that he would like to address the school board issues because they did get the opportunity of receive a letter from Mr. Sanders, wherein they took the opportunity to sit down and talk to him prior to the present meeting. He stated that the Staff memo has covered the size of the property, which is not a huge piece of property. He added that it has covered its location. He stated that it is immediately adjacent to Westwood High School and it has Angle and Metzger Road as its other boundaries. He stated that it has property wherein Industrial Land Use is surrounding it. He stated that the property immediately to the south, not withstanding that it has Industrial Land Use which has developed existing Residential Development. He stated that the property to the east of the subject property is a mix of Commercial and Residential, even though it has an Industrial Land Use. He stated that the Staff memo did not focus on the affordable housing issue, which is purely and simply what they are looking at for the subject property. He added that they will focus on the affordable housing issue and why they are asking for an RH Land Use designation. He stated that in order to achieve affordable housing in this County, you will need to consider a number of variables of which the Board discussed at a previous workshop. He stated that one of the key variables is density. He stated that if the County truly believes in promoting an affordable housing type of element, then they also need to consider increasing the RH Land Use properties in this county. He added that it has adopted Comprehensive Plan policies to achieve that. He pointed out that Objective 5.2.5 begins with the basic premise, in which the County needs to "maintain sites suitable for low and moderate income housing in the County to meet the current and projected population needs." He stated that the objective is followed with a policy 5.2.5.1, which states: "The County shall maintain or increase the amount of vacant land currently designated on the Future Land Use map as Residential High, in order to reduce land cost for low and moderate income housing and at least annually, the plan shall be amended to add RH designated acreage that is comparable to the amount that has been developed during the previous year." He stated that he has not conducted a scientific study; however he can point to thirty acres in the County wherein they have been developed or currently under development, that used to be RH property and are now no longer vacant and available for Future RH property. He stated that one of the pieces of mentioned properties is on Jenkins Road, which is a little north of the Horne Depot entrance on the right side. He stated that it has been developed as an apartment complex. He stated that the other piece of property is on WeatherBee Road, which is located between Oleander and US 1. He stated that it is being developed as a multi-family project. He stated that there are thirty acres that have been taken out of the RH inventory that need to be replaced, according to the St. Lucie County Comprehensive Plan. He stated that they have a parcel that is 56.9 acres and it slightly exceeds the thirty acres. He added that if they looked around, that they would probably find a few more RH acres that have been taken out of inventory. He concluded that that is one policy that Staff did not make references to. He stated that Policy 5.2.5.2 quotes that, "the County should maintain at a minimum, twenty-five percent surplus of vacant land designated for 69 ~ ..." high and or medium Residential Use on the Future Land Use Map and inside of the Urban Service Boundary in order that an adequate choice of sites for housing is available at all times, at least annually the plan is amended for surplus." He stated that the Staff refers to a Comprehensive Plan policy that says that there is seven hundred and fifty-four acres of multi-family acreage out there. He commented that that is not a static number. He stated that the County is suppose to go back and periodically review the amount of acreage that is available for multi-family development and adjust that and maintain a twenty-five percent surplus so that there is adequate site for developers to go out and find and pay a reasonable price, in order to provide affordable housing in this county. He stated that Objective 5.1.2 quotes that, "in order to facilitate the development of industries, Industrial and Commercial, providing numerous positions, the County should encourage the development of housing conducive to the attraction of these new industries, which have been identified as a need within St. Lucie County." He stated that that was a major point at the workshop in fÌ'ont of the County Commission, on "Affordable Housing." He stated that you can have all of the economic incentives in the world to bring industry and Commercial activities to the County, but if the people that those people want to hire do not have a reasonable place to live, then those industries and Commercial activities will not come to the County. He concluded stating that you cannot have one without the other. He stated that Staff refers to taking Industrial Land Use out of inventory and it is their contention that there is plenty of Industrial and Commercial property that there has been no evidence put on that there is a shortage of such property. He state that if you look up by the airport and the amount of Industrial and vacant land there, including the Mixed Use that surrounds the airport, taken fifty-six acres of industrial land out of this location, does not defeat the Comprehensive Plan policies to provide for Industrial and Commercial property in the County. He added that the need for affordable housing for those workers would override that policy. He stated that he will refer back to Policy 1.5.3 which quotes that, "property under land use amendment application should be adjacent to or within no more that one quarter of a mile to the same or greater type of land use classification. He stated that he would point out that they fall within that objective. He stated that if they will look at the map, it is obvious that immediately south of the parcel, is a pink parcel which says RH. He added that they are within a quarter of a mile of the identical land use that they are attempting to change to. He stated that more importantly, the County has put all potential developers, looking to change property, in a quandary. He stated that if you look at this location on the future land use map and the one other location in the County, in the future land use map that has a relatively large concentration and that is already designated RH property, you will find that that RH property is totally surround by Industrial or Commercial Land Use. He stated that as a developer if you want to change property to RH, pursuant to the Comprehensive Plan policies, which state that the County should maintain a surplus inventory of RH property but to change Industrial Commercial property, you are not given that opportunity. He reiterated that you have absolutely no choice. He stated that the other portion of RH property, if you are interested, is located just south of Edwards Road and in between Oleander and US 1. He added that there is a 70 '- -....I corridor there and if you are familiar with the area, you are aware that the area around that is Industrial and Commercial property. He concluded that there point is that their are competing policies in the Comprehensive Plan. He stated that Staff have pointed out that a few of them were in regards to economic development and Industrial Land Uses. He stated that they feel that overriding those policies or the numerous policies dealing with affordable housing that recognize that the only way to achieve that is to maintain a sufficient surplus of RH property in the County. He added that there is nowhere else in the County to convert property to RH, but to convert Industrial or Commercial. In regards to the subject property, he stated that it is bordered on one side by Westwood High School. He stated that his understanding is that the school board has current plan to turn Westwood High School into a middle school and build a new high school that is to the north of that site. He summarized and stated that there will be a middle school and a high school, next to Industrial property. He stated that he would argue that that is not necessarily the most appropriate use for property located next to a high school and a middle school. He stated that he would actually question whether or not, given the way that the county has developed, if the Industrial Core should remain an Industrial Core. He added that he would also question whether or not if the county should not go back and look at the whole area and maybe consider re-designation. He stated that the County has said that they want a neighborhood planning effort and they have defined the area as everything !Tom 95 on the west, Orange Avenue on the south and Angle Road on the north and east. He stated that in conversation with several of the County Commissioners as to whether or not if they should even withdraw the application, because they were in an area that would have to go through a planning effort, he stated that their comments to them was to go forward because they wanted to know what the property is so that when they do the neighborhood planning effort, they will know how to plan for the property. He stated that they were given direction to continue on with their development proposal. He stated that he would argue that the remains of the property should probably be looked at in regards to whether given the character of the neighborhoods, what the neighborhoods to the east are trying to do to revitalize their area. He stated that it is probably more appropriate, not to be Industrial. He stated that if it is going to be a Residential district, the County has decided that RH is appropriate in this area. He added that they are only following the Comprehensive Plan policies, by adding RH properties within a quarter of a mile ofthe already existing RH property. He stated that with respect to the school district, they sat down with Mr. Sanders and they understand his position and they understand that that is going be the new position of the school district. He stated that whenever property comes in, whether it is for a land use change, Zoning Change, or for a PUD application, they understand that if it is increasing the density over and above what is already there, that the school district is going to be making the same comments that were heard previously in regards to impacts on the school district. He stated that they will be looking for something over and above the impact fees. He stated that in their conversations with Mr. Sanders, they worked on the assumption that the impact fee will be going up to five thousand dollars per unit. He stated that based upon the previous assumption and the maximum amount of density that could go on the subject property if it is converted to RH; they have worked through some numbers. He stated that that is going to be an effort in progress as this goes forward. 71 \.i ...",; He stated that they do not have a specific site plan for the subject project. He stated that the Board will note that they will not putting up a site plan for their project. However, he included that they did develop, upon submitting their application, a concept plan. He stated that they have subsequent to that effort and while the application was being reviewed, they have had several conversations with Mr. Anderson and Beth Ryder, who is a community services director, about affordable housing options and possibilities on the subject property. He stated that they thought that it was in their best interest and in Staffs best interest not to pursue a concept plan any further until they figure out what the density on the property might be if they get a Residential density and given the density, they would like to know what type of project could go on the property and what are the options as to working with the County in regards to affordable housing programs. He stated that those of them that have attended that workshop are aware that the next day after that workshop, that County's Staff was meeting with the state representatives to detennine how and what strings were attached to the twenty million dollars that the County is getting for affordable housing projects. He stated that all that they knew at the workshop is that that money has to be spent within the next two years. He stated that they did not know what kind of programs would be available. He stated that they are working out the details of those programs as they speak. He stated that their intent is to go to the County Commission on July 12th for transmittal. He stated that if they transmit this property to DCA as RH, they will then sit down and work hard and fast with Beth Write and her folks at the affordable housing proposing. He added that they will work with Staff on concept plans and at that point, they will start to put together a proposal which could be reviewed. He clarified that that is why there is no concept plan to be reviewed at the present meeting. He stated that they are asking for Straight Land Use Amendment to RH. He stated that whether or not they should be entering into an agreement with the school district as part of a land use amendment, he would submit that that is not appropriate because they have no details and they would not know what the perimeters of that agreement would be. He stated that they understand the school districts position and that they will be looking for exactions over and above the nonnal impact fee because in their mind, they are increasing the density and the impact on the school over and above what the existing land use is. He added that he feels that there cannot be any argument there, upon change from Industrial to Residential. He stated that the level of impacts will certainly be detennined by the level of density. He also stated that the level of development that eventually is proposed for the property until they know those perimeters. He added that there is no way to come to an agreement with the school district other than to say that that will be a condition and that they will sit down and talk to them at that point and when it is appropriate. He stated that he has Mark Mathes, from the planning finn of Thomas Lucido and Associates, for specific questions in regards to planning issues. He stated that the County's Staff was correct in their representation as to their concurrency. He stated that they understand that according to FPUA there maybe certain improvements that need to be made for water and sewer, but that would be true for an Industrial site when it came in for a site plan. He reiterated that those are more appropriate for specific development proposals wherein when they come in; they can look at the impacts. He stated that FPUA has a legal obligation to provide water and sewer to .the site as to how those details that 72 \.. ~ are worked are and at the time that it is needed. He concluded stating that unless there are questions for him or Mr. Mathes, he is thankful for their time. Chainnan Grande asked if the owner of the property was Mr. Disalvatore. Mr. Ferguson replied that it is currently under contract, with pennission trom the owner to submit the application. Chainnan Grande stated that this is a public hearing and he asked if there was anyone else that would like to speak. Mr. Marty Sanders, the Executive Director of Growth Management for the School District approached the podium to speak. He stated that he has included his letter of May 24th in the packets. He stated that it talked about the impacts regarding the school district. He stated that as Mr. Ferguson has indicated, they have had a discussion and certainly it is his opinion that time of land use change detennines whether this is appropriate and what impacts it has on public services. He added that according to the State Constitution, "free and appropriate education is a public service that the school district has to provide." He stated that it is an appropriate time to discuss impacts on the school district. He stated that the project, at fifteen dwelling units an acre, is a request by the applicant on the density. He concluded stating that they have a range and a concept of what they are proposing, or else they would have gone for a lower or medium density development. He stated that that could have potentially eight hundred and fifty three dwelling units. He stated that when you consider Workforce Housing, his estimates are that it could be anywhere between two hundred and forty and four hundred students. He stated that if you look at the cost of what they are spending for a K8 and you equate those to the percentage of students that would go into that school, it varies between 5.2 and 9.3 million dollars of new school needs because of a land use decision. He stated that impact fees, as currently adopted, would off-set that by about 2.7 million dollars, but could leave a short fall between 2 Y2 and 6.6 million dollars to the school district, due to a land use decision. He stated that they have talked to Mr. Ferguson and they will continue to work with him and his client to talk about what could be done to mitigate the impacts between now and the County Commission meeting. Chainnan Grande thanked Mr. Sanders and asked if there was anyone else that would like to speak. Mr. Chris Lang, the owner of the salvage yard, approached the podium to speak. He stated that they do about eight thousand plus cars a year on that site. He added that there are four cranes. He stated that they do steel and that they crush automobiles and so forth. He stated that he does not believe that he would want to live next to it. He stated that they are a bit noisy and that they buy appliances and scrap iron and so forth. He stated that the site looks a little like a landfill and it is noisy. Chainnan Grande thanked Mr. Lang. 73 ~, ...,¡ Ms. Hammer asked Staff to point to Mr. Lang's property on the map. Mr. Kelly pointed Mr. Lang's property out on the map. Mr. Ralph Jensen approached the podium to speak. He stated that he owns a parcel approximately twelve hundred feet of fence line rrom Metzger Road all the way to Avenue 1. He stated that there are two issues being discussed. He stated that when they got into the Industrial and developed a trucking company and a storage wherein there is shipment of grape&uits from within and they also wash for Tropicana and Ocean Spray, they have always felt that they were in the right zoning and in the right place. He stated that along with Mr. Lang, it has always been appropriately zoned and they have gotten along well, with their neighbors. He stated that he is concerned that they would put hundreds and hundreds of people on their back fence line, for residency. He stated that the other issue is if there is two hundred and fifty thousand, there is a view of the river. He added that if there is a hundred thousand, there is a view of Mr. Lang's scrap yard or his trucking company. He stated that he does not know if that is what they consider "affordable housing." He stated that if they had an electrician and a pool company and a contractor behind them, they would have no wornes and they would be compatible along with them currently. He asked if they will lose any rights and if they have to be buffered from them. He also asked if they have to be buffered from them. He stated that they currently let refrigerated units run, in order to keep the grape&uits chilled. He added the maybe they will not have grape&uits anymore, upon entry of the project. He stated that as it stands now, they have the right to run those units to keep the grape&uit non perishable before it goes to China. He asked if it was "affordable housing" to put people next to semi-containers, which run all night. He stated that it seems a little sheltered by the "affordable housing" shield. He stated that he knows at any price that he would not want his family living next to Mr. Lang's junkyard. He stated that if he would have had a small business in development he would not have a problem with him as a neighbor. He stated that they have all been there for decades. He stated that they like each other and they work well together. He pointed out that the residential neighbors are present at the hearing. He stated that they always take in consideration because they are here. He asked would he invite them to move in and build their home and invest their hard earned money, withstanding that the view rrom their balcony would be Mr. Lang's yard or maybe the radio station, the marble factory or Mayflower. He stated that his second concern is the funneling of all of this to the flashing light at Metzger Road. He asked how many people will come behind the proposed development. He stated that currently it is very difficult and very dangerous to get out at Angle Road and 39th Street. He stated that unless they put in new roads, all of the traffic will have to funnel at Metzger Road, take a left at 39th Street and go to Angle Road. He stated that he recommends that anyone to go there after school around 3:00 P.M. and try to get across that intersection. He asked if it were possible to add eight hundred units to that intersection without regards to the traffic. He asked with the view of the junkyard, will he now be required to buffer his trucks. He stated that he always thought that it would be compatible with Industrial. He stated that they bought, and build there and they support the County rrom their businesses there. He asked if he has to worry that now they will 74 ~~ \w' ...., have affordable housing that may not like his business now. He asked if the affordable housing moves in are they going to recommend that Mr. Lang should leave because they now do not like his junkyard. He added that of course he and Mr. Lang pay their taxes and they are all happy there. He stated that he guess that he was shocked and dumbfounded to find out that they might want to put housing on their area. He stated that everything within their area is Industrial. He asked if it was fair to the people that they intend on selling to. He asked if it was fair to the roads that they now have to travel. He stated that if it grows up and it grows up Industrial as it currently is zoned, he will welcome neighbors wanted just like Kings Highway Industrial Park. He restated that he will welcome that. He asked if the proposed project will include one-story, or two-story. He asked if there is further change, will they be allowed a three story town home and look right into his storage lot at his semis. He asked what the repercussions are. He asked if there is current guarantee that they will buffer from them and is that in the land development code also. He stated that they should. He stated that they are present to protect their businesses and their rights and their neighbors. He stated that they currently do not have a problem with their residential neighbors. He asked if the proposed project will create a problem with their residential neighbors and how many of the developers would live there. He added that he feels that not many of them would live there because they do not have a view of the river but of an auto recycle yard, a marble company or a trucking company. He concluded asking them to choose carefully and see if there is not a better site. He stated that he is all for affordable housing, but do you put them behind the land fill. He stated why not put them next to Glades cut-off. He asked if they have any sites that they can put them between Trop and the land fill for a better view. He stated that he thinks that they ought to really consider why it is Industrial and why it should stay Industrial. He finished by thanking the board for their time. Chairman Grande thanked Mr. Jensen. Ms. Hammer asked if someone could point out where Mr. Jensen's property is on the map. Mr. Jensen pointed out his property on the map. Ms. Hammer thanked Mr. Jensen. Chairman Grande asked if there was anyone else that would like to speak to the particular application. Ms. Jamie Hurst approached the podium to speak. She stated that they own property on Metzger Road. She stated pointed out where they are located, on the map. She stated that they bought that property as an investment and as Industrial. She stated that one of the reasons that they bought it is because it is Industrial, but mainly because of its location to 95. She stated that it is very easy for people that are in the Industrial-type business, to get to 95 from this location. She stated that if you have the mentioned amount of residential trying to get on 39th Street, it would be very difficult. She stated 75 ~. ....I that all of the surrounding area is Industrial. She stated that they have looked at other property in the area and where they were originally proposing to develop places their entrance right next to their building on Metzger Road. She stated that she does not see how that road could handle that much traffic. She stated that she does not know if they have been down Metzger Road; however it is a two lane road which contains a dead end just west of their property. She stated that it would be very difficult to travel. She stated that there is not much Industrial property left in the area. She added that she feels that it is very important to bring industry into their area on that. She thanked the board and left the podium. Chainnan Grande thanked Ms. Hurst and asked if there was anyone else who would like to speak. Mr. Elliott Virgin approached the podium to speak. He stated his residency. He stated that his residence is one of the few residents that is not zoned Industrial. He stated that he have lived in the area for approximately twelve years. He stated that he has mixed emotions about the proposed zoning changes, specifically in regards to Fort Pierce Utilities coming out to render services. He stated that he is currently a resident of the County. He stated that he is aware that Ft. Pierce Utilities have difficulties with rate hikes and so forth which was mentioned over the news. He restated that he has been a resident in that area for approximately and he does not think that it would be appropriate to put more residents out there because of the Industrial places that are currently established. He stated that because he one of the few residents who are not zoned Industrial; he would like to know what would be the status of being zoned the way that it currently is. He concluded that that is his comment. Chainnan Grande thanked Mr. Virgin. Mr. Kelly stated that he was not sure where Mr. Virgin's residence was. Mr. Virgin pointed out where his property is on the map and restated that his property is not zoned Industrial. Mr. Kelly asked Mr. Virgin what was his question concerning zoning. Mr. Virgin stated that his questions were in regards to Ft. Pierce Utilities moving in the area and the zoning not changing. Mr. Kelly stated that the change, whether approved or not, will not impact Mr. Virgin's zoning. He stated that Mr. Virgin's zoning will stay as it is, and it will not change. He stated that the issue about Ft. Pierce Utilities Authorities and their ultimate services tie in because they are in their service area. He concluded stating that whether the proposal is approved or not, ultimately the utilities are going to serve in that area. He stated that he does not think that the change impacts either of the two things that Mr. Virgin questioned. 76 '-" ....",I Mr. Virgin replied okay, and he thanked Mr. Kelly. Chainnan Grande stated that he is not sure if the very last comment that was made is correct. He stated that if the area was changed to High Density Residential, he assumes that as part of any development, that they would need to bring service into that area which would make other residents in that area who are currently not connected, become connected. He stated that he realizes that they are in the service area but he assumes that they are not on FPUA at this time. He asked this was wrong. Mr. Kelly stated that that is not necessarily true. He stated that a lot of this is regulated by State Law. He stated that he guess that there is the possibility that if they were within the correct distance to align, ultimately there could be an impact and a requirement to connect. He stated that in the long tenn, this is a fairly urbanized area and he thinks that it comes anyway. Chainnan Grande agreed that it will obviously happen some day; however he was just thinking that a High Density Residential community in that area may be the catalyst for bringing services in that then impacts a whole lot of people in advance of when it would have impacted them otherwise. Chainnan Grande asked if there were anyone else who like to speak toward the subject application. Mr. Ferguson stated that the comments that the speakers had made were very appropriate. He also stated that his response to a couple of those is going to be that this is no the appropriate time to address those. He stated that in regards to the traffic, he understands that the traffic is a concern and he understands that the traffic on Angle Road is a concern. However, for purposes of the review, there was a traffic report done and the property currently has a zoning of light fudustrial. He stated that under light Industrial, maximum intensity a development per code, is approximately ninety-one hundred trips a day. He stated that under maximum development as RH, is wages to be approximately fifty-three hundred trips per day. He concluded that you almost have the number of potential trips. He stated that depending on the fudustrial development that goes in there, the trips could be near zero or they could be closer to nine thousand. However, for purposes of the folks in the audience there is access off of Metzger and there is auto legal access directly to Angle Road. Therefore the project that would go in there would have two accesses, which is what the fire district will require as well as connectivity. He concluded stating that that will help to mitigate some of the impacts on Metzger Road. He stated that Buffers are an issue that would clearly be addressed with a specific site plan and they would have to take into account as to what the neighboring properties and their rights are. He stating that they are going in knowing that it is fudustrial and they know what the uses are and that they will have to situate the development such that those impacts are mitigated. He stated that as far as the value of the property goes with concerns of beach front or in regards to the location of the affordable housing location, that this is where the County has dictated that RH property goes, which is in the middle of Industrial and Commercial property. He stated that the two locations on the Future Land Use Map are totally surrounded. He stated that they are not making choices 77 \.,..f ...." necessarily to put it here, but the County is leading them in that direction and if any property is going to convert to satisfy the High Density Residential need, it is going to be industrial property and all likelihood that they are already Industrial Uses in the neighborhood. He stated that if the County wants to change its policies and direct High Density Residential some place else then they would certainly be happy to look in those areas. Mr. Ferguson thanked the board. Chairman Grande thanked Mr. Ferguson and closed the public hearing. Chainnan Grande asked ifthere were any questions or comments from any of the board members. Mr. Lounds stated the following: "After considering the testimony presented during the public hearing, including Staff comments he hereby moves that the local planning agency recommends that the St. Lucie Board of County Commissioners does not transmit the proposed land use amendment to the State Department of Community Affairs for consideration as an amendment to the County Comprehensive Land Plan." He added that he feels that it does not fits with the goals, objectives and policies of the County's Comprehensive Plan. He stated that the conclusions that were presented to them by Staff support his comment. He stated that he cannot imagine putting Workforce Residential units in the mentioned area, which is surrounded by Industrial. He stated that in his opinion, it needs to stay Industrial. He stated that he does not think that it is fair to the people who live outside. He added that it buffers the area to put Workforce there. He stated that if for some reason that the County Commission approves this, he hopes that they take about two acres at Avenue I and 43rd Street for a share of units because they will have to spend their time there because the City is not going to respond to that area. He concluded stating that those are the reasons that he moved that they deny this petition. Ms. Hammer seconded the motion. Chainnan Grande announced that they have a motion and a second. He asked if there was any comment on the motion. The roll call was made Mr. Hearn voted for the motion to deny, with the added concern that St. Lucie County is already the low income capital of the Treasure Coast and he is not sure of where they are going with the proposal. He stated that he feels that within another five years, there will be lot of foreclosures and there is going to be an awful a lot of houses available for low income families. Ms. Morgan replied yes. Mr. Knapp replied no. Mr. Lounds replied yes. Ms. Hammer replied yes to deny. 78 \.... ..."", Chainnan Grande voted yes to deny. He commented stating that he really does not think that High Density Housing is necessarily synonymous with Workforce or low income housing. He stated that cramming them all together and making them cheaper and poorer and sticking them in an Industrial area, is not what he finds to be the answer to housing problems. He stated that he thinks that if an application like this is going to come forward that it really needs to be for reasons other than, that they are "flying under the affordable housing" banner. He stated that he thinks that the motion has passed as to recommend to the County Commissions that the petition not be forwarded to the state. 79 \..f ..., FAVOR/OPPOSE/OTHER CORRESPONDENCE .-. ..,¡/ I Ruden ~, McClosky 145 NW CENTRAL PARK PLAZA SUITE 200 PORT ST. LUCIE. FLORIDA 34986 (772) 873.5900 FAJC (772) 873-3111 JOHNATHAN.FERGUSON@RUDEN.COM June 6, 2005 Via Facsimile David Kelly, Planning Manager St. Lucie County Department of Growth Management St. Lucie County 2300 Virginia Ave. Ft. Pierce, FL 34982 Re: Land Use Amendment Application - The Preserve (DiSalvatore) Dear David: This letter is offered as a partial response to the April 29, 2005 staff report prepared in response to the application for a future land use map amendment filed by Mr. DiSalvatore. Specifically, we would like to address the issues regarding the need for RH property and the effect that need has on affordable housing and the comprehensive plan policies that address RH property and affordable housing. We all know that one of the most important variables that influences the cost of housing is density. This concept is clearly recognized by several policies in the County's Comprehensive Plan which we feel supplement and override the one policy referred to in the staff report. The staff report refers to Policy 5.1.1.1 which states that the Future Land Use map has designated 754 acres available to accommodate multifamily housing units. Staffs position is that this is sufficient acreage and, therefore, the proposed land use change is unnecessary. However, there are numerous policies that support our request. Notwithstanding staffs representation that 754 acres of multifamily property would be sufficient until 2020, Policy 5.2.1.1 states that: "[b]y 2005, the County shall re-examine the housing needs based on the data from the 2000 Census and, as may be necessary, amend the Comprehensive Plan and the Land Development Code to address those needs identified." Clearly, the acreage identified in Policy 5.1.1.1 was not meant to be static. Added to the mix is the effect the twin hllrricanes had on the housing stock which further minimizes the relevance of the acreage number referred to by staff. PSL:16092:1 CAR"(AS . n. LAUOCRD.&.U . MIJ\MI . NM'LES . OIlU~OO . PORT 'if.lUClE . ~RAsor!\ . Sf. PETERSBURG' TAUAt A!iSH . TAMPA' WE5.1 PAI.M REACH RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. ~ ..."" Letter to David Kelly, Planning Manager June 6, 2005 Page 2 More importantly, however, are Policies 5.2.5.1 and 5.2.5.2 which specifically refer to RH designated property. Objective 5.2.5 starts with the basic premise that the County needs to maintain "[sJites suitable for low and moderate-income housing. . . in the County to meet the current and projected population needs." This Objective is followed with Policy 5.2.5.1 which states: "The County shall maintain or increase the amount of vacant land currently designated on the Future Land Use Map as Residential High (RH) in order to reduce land costs for low and moderate income housing. At least annually the plan shall be amended to add RH designated acreage comparable to the amount that has been developed during the previous year." We are aware of at least 30 acres of RH property that has been developed during the last year. The proposed land use amendment would satisfy this policy requirement. In addition, Policy 5.2.5.2 states that: "The County shall maintain at a minimum 25% surplus of vacant land designated for high and/or medium density residential use on the Future Land Use Map and inside the Urban Service Boundary, in order that an adequate choice of sites for housing is available at all times. At least annually the plan shall be amended to provide for the surplus." Again, this is a clear indication that the acreage identified by staff was not meant to be a static number but was to be amended over time as multifamily property was taken out of inventory. Staff also indicates a concern with the loss of industrial land. However, Objective 5.1.2 states that: "In order to facilitate the development of industries (industrial and commercial) providing numerous positions, the County shall encourage the development of housing conducive to the attraction of these new industries and which have been identified as a need within S1. Lucie County." As staffis well aware, there is an acute shortage of workforce housing in the County and the County will not be attractive to the industries it is trying to entice if the potential workforce does not have an affordable place to live. It is our strong position that there is more than adequate industrial and commercial land available for future development but that there is an acute shortage of vacant high density residential property. Furthennore, the staffs position creates a catch 22 that we do not believe was intended by the Comprehensive Plan. As noted in the staff report, Policy 1.1.5.3 dictates that, generally, "property under land use amendment application [should be] adjacent to, or within no more than Yo mile of the same or greater type of land use classification." The problem is that the County has located almost all of the RH property in areas where it is surrounded by industrial or commercially designated property. Therefore, if the County is to comply with Policy I. 1.5.3 which dictates that it is going to replace the RH property taken out of inventory, it has no choice but to convert existing industrial or commercial property to RH. In summary, it is our position that the greater weight of the applicable Comprehensive Plan policies supports our application. We respectfully request that staff reconsider its recommendation based on the Comprehensive Plan policies noted above. If it would be fruitful, we would be happy to sit down with staff to further discuss the nuances of the policies noted. PSL:16092:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSEll, P.A. C.ARACAS· n, [r\UOFROAU . MIAMI· Io,¡APlES . ORlA,NOO . POMJ Sf.lllett . SARAsorA . ST. PEJfR~BlJRG . TAllAHASSEE . rAM"_~ . WEsr PA,LM üEACH \..i -' Letter to David Kelly. Planning Manager June 6, 2005 Page 3 Thank you for your attention to this matter and we look forward to continuing to work with staff on this application. Sincerely, ~¿~ Cc: Faye Outlaw, Asst. County Administrator Sheryl Stolzenberg, Planner Marty Sanders, P .E. Jan Stewart John DiSalvatore Mark Mathes PSL; 16092: 1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. f"....CAS· fJ.IAUUfRO....IE . MIAMI· NAPLES .. "RLA~(]O . PORr Sf.IUcr[ . SA.RASOTA . n. PETERS8URG . rAllAHASSEE . TAMPA. WfSrPAlM lEACH ~ ./~·+ÖRT PIER~ UTILITIES AUTHORITY . ·Commltted to Quc/Ity- '...J o~C' 4.. ~" .,_ .~>~.. '__' . <'1'..' '~~. cl " >- ....--I.- . I¡.. '? : .,"- /)' 1,(~ I{ '.~ S /.U'" 206 South SIxth Street (34950) Post 0fIIce Box 3191 Fort Pierce. Rorlda 34948-3191 Phone 772-466-1 «JJ Fax 772-465-6984 March 2, 2005 Mr. Gary R. Priest Engineering Design & Construction, Inc. 101 N. 41h Street, Suite 118 Fort Pierce, FL 34950 Re: WaterIWastewater Availability. DiSalvatore Land Use Amendment Dear Mr. Priest: In response to your request for utility availability, the Fort Pierce Utilities Authority (FPUA) would like to offer the following information: Water· Potable water service is available via a 12-inch water main on the south side of Angle Road. In order to satisfy your fire protection requirements, your project will most likely be required to also connect to the 6-inch water main on Metzger Road, in effect, creating a looped water distribution system. This connection shall be constructed in the public right of way as much as possible. Wastewater· Wastewater capacity is available, but limited in the vicinity of your project via an existing lift station at Westwood High School. In order to service your wastewater needs, you will probably be required to upgrade and/or reconfigure the aforementioned lift station and subsequent wastewater system. The entire wastewater system that this project will effect will require evaluation by a private consultant in order to determine what improvements may be necessary to handle the increased flow. As always, availability of both water and wastewater service is contingent upon construction of required infrastructure and payment of applicable fees and charges. trust this information wnl assist you in your endeavor. Should you need additional information or have questions, please contact this office at extension 3480. pc: Danny Retherford L'\Co IedI\MnGle"" ......... _.a IF '" EDt.dac 'WI Board Members Dr. Judi Miller, Chairman Kathryn Hensley, Vice Chairman Dr. John Carvelli Dr. Samuel S. Gaines Carol A. Hilson Superintendent Michael J. Lannon May 24. 2005 &.1AY 26 2005 Charles Grande, Chairman St. Lucie County Planning and Zoning Commission 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Re: Request for Amendment of Land Use - John Disalvatore- File PA-05-00~ Dear Mr. Grande: This is in response to the request regarding a land use amendment. As I understand the proposal, the 69 acres land use classification will change from IND to RH. This will potentially generate over 1,000 dwelling units and a substantial impact on our public schools. The school district has a 5, 10 and 20 year plan, but because oflack of funding, those plans are not fully funded. The addition of approximately 300-400 students will have negative financial impacts on our schools and make those shortfalls even greater. Also the need for school sites should be addressed for the area. By copy of this letter to the applicant's representative I am requesting that they address the impacts to the School District. Until these impacts are addressed, we urge the LP A not to approve the land use change. If you have any questions, please feel fÌ"ee to give me a call at (772) 429-3640. Sincerely, tf/~ fJL Marty E. Sanders, P.E. Executive Director of Growth Management, Land Acquisitions & Governmental Relations MES:mtf 1t:~~U·¡"lIIlnœd.Jnhn DÙ;IiYIW,"'Mcr;l~ il'"CII LPA."¡oc Enclosure cc: Mike Lannon, Superintendent Jim Snyder, Ruden McClosky Smith Schuster & Russell P A School Board Members Dan Harrell, SLCSB Attorney Sheryl Stolzenberg, S1. Lucie County Planning ACCREDITED SYSTEM-WIDE BY THE SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS The School Board of St. Lucie County is an Equal Opportunity Agency '-' '-" I Ruden .~ McClosky 145 NW CENTRAl PARK PLAZA SUITE 200 PORT ST. LUCIE, FLORIOA 34966 (772) 873-5900 FAX:. (772) 873-3111 JOHNATHA~£f.RGUSON~R~M July I, 2005 Via E-Mail and U.S. Mail Marty E. Sanders, P.E. Executive Director of Growth Management, Land Acquisitions & Governmental Relations The School Board of St. Lucie County 4204 Okeechobee Rd. Fort Pierce, FL 34947 Re: Request for Amendment of Land Use - John DiSalvatore File PA-05-003 Dear Mr. Sanders: This letter is in response to your May 24, 2005 letter to Charles Grande, Chairman, St. Lucie County Planning and Zoning Commission, wherein you claim that the proposed land use amendment referenced above will have negative financial impacts on the School District. While we respectfully disagree with your conclusion and application of the Martinez Doctrine in this instance, we are willing to work with the School District to determine an equitable response to the impacts the future development of the property may have on the School District. However, for the reasons set forth below, we respectfully request that the District reconsider its opposition to the land use amendment. In your letter you state that the School District "has a 5, 10 and 20 year plan, but because of lack of funding, those plans are not fully funded. The addition of approximately 300-400 students will have negative financial impacts on our schools." At the recent Planning & Zoning Commission ("P&Z") meeting you elaborated on this point and essentially argued that the District had relied on the existing land use conditions when developing its long range plans and that any change that resulted in an increase in density would require additional compensation to the District over and above the nonnal impact fees. You refer to this as the "Martinez Doctrine." The problem with the School District's position is three fold. First, the School District's reference to and reliance on the Martinez Doctrine is misplaced in this case. Second, the School District's long range plans should not be based on land use density but rather should be based on projected population. Third, even ifland use density is a relevant measure, the land use densities reflected in the County's Comprehensive Growth Management Plan ("Comprehensive Plan"), are not static propositions but are expected to change and increase over time and the School District's long range plans should reflect that fact. PSL:16249:3 RUDEN, McCLOSKY, SMITH. SCHUSTER & RUSSELL, P.A. CARACAS· FT. LI"UDERDAU . MIAMI· NAPLES· ORLANDO· PORr ST.lUCI£ . SARASOTA· ST. PETEISBURG . TALLAHASSEE. TAMPA. WEST PAlM BEA.CH ~ "'" Letter to Marty Sanders July 1, 2005 Page 2 The "Martinez Doctrine" refers to an unofficial initiative proposed by then Orange County Commissioner Mel Martinez which would have directed county planning staff to recommend the denial of any land use amendment or rezoning that would have had an adverse impact on the school district. Specifically, Commissioner Martinez's memorandum to his fellow commissioners proposed the following initiative: First, on all requests for amendments to the Future Land Use Map in the comprehensive plan, and on requests for residential re-zonings (including PD's and PD amendments), where the map amendment or the requested re-zoning will have the effect, if approved, of increasing residential densities, the request will be sent to the Orangc County Public Schools for review. If the review and analysis by OCPS determines that the affected schools are seriously overcrowded and that the increased residential densities will substantially aggravate the overcrowded conditions, our staff will render a recommendation of denial of the map amendment or re-zoning. (A copy of Commissioner Martinez's memo is attached). While this initiative was never fonnally adopted per se, it was applied in several instances through the application of existing comprehensive plan policies to deny a rezoning because it was found by the County Commission that the proposed rezoning would add students to a school that was already over capacity. There is an important distinction between the Martinez Initiative outlined in Commissioner Martinez's memo and the policy you are proposing the School District adopt. Commissioner Martinez's initiative only applied in those cases where the school or schools that would serve the property proposed for an increase in density were already overcrowded. It did not apply across the board to all requests for an increase in density. Therefore, if the School District is going to unofficially adopt the Martinez Initiative, it should not oppose this land use amendment without a determination that all of the schools in Zone 1 are overcrowded. The second issue is whether it is appropriate to tie the School District's long range plans to the density on particular pieces of property. We contend that it is not appropriate to do so. Very simply, the land use density on a particular piece of property will not impact whether a person moves to St. Lucie County. It is a common and oft repeated mantra that the County can control growth (that is control the number of new people moving into the County) by controlling land use density or development approvals. In general, that is an illogical supposition. The population projections in the County's Comprehensive Plan, which should also fonn the basis for the School District's long range plans, are fonnulated independent of the residential densities represented by the County's Future Land Use Map. The Future Land Use Map simply dictates where new residents will get to live once they have made the decision to move 10 St. Lucie County. Changing the land use from industrial to residential, as proposed in this case, should have little to no impact on the School District's long range plans. PSL:16249:3 CARACAS· fT.lAUDERDALI . MIAMI· NAPUS . ORLANDO· PORT 51. LUCIE . SARASOTA. ST. PETERSBURG. TALLAH....SSEE . TAMPA. WEST PMM BEACH RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSEll, PA '-" ....., Letter to Marty Sanders July 1, 2005 Page 3 In fact, the population projections in the County's Comprehensive Plan drive the land use densities, not the other way around as the School District is suggesting. The State has mandated through the Local Government Comprehensive Panning and Land Development Regulation Act (found at Section 163.3161, et seq., Florida Statutes), that the County, through its Comprehensive Plan, must continually monitor the inventory of vacant lands to ensure that Ihere \ is sufficient lands in all of the various land use categories to accommodate the projected population needs over the various planning time frames (for example, five, ten and twenty years). However, even if it is presumed that land use density impacts the School District's long range plans, there is a further problem in the School District's position because it depends upon static land use densities which is contrary to the County's Comprehensive Plan. The land use densities reflected in the Comprehensive Plan are not static propositions but are expected to change and increase over time and the School District's long range plans should reflect that fact. This is especially true for changes to high density residential land use designations. Therefore, if the School District's long range plans are based on the County's Comprehensive Plan they should take into account the types of land use changes contemplated by this proposed amendment. There are numerous Objectives and Policies in the Comprehensive Plan that support this position. For example, Objective 5.2.5 states that the County needs to maintain "[s]ites suitable for low and moderate-income housing. . . in the County to meet the current and projected population needs." In support of this Objective the County adopted Policy 5.2.5.1 which states: "The County shall maintain or increase the amount of vacant land currently designated on the Future Land Use Map as Residential High (RH) in order to reduce land costs for low and moderate income housing. At least annually the plan shall be amended to add RH designated acreage comparable to the amount that has been developed during the previous year." Also in support of Objective 5.2.5, the County adopted Policy 5.2.5.2 which states: "The County shall maintain at a minimwn 25% surplus of vacant land designated for high and/or medium density residential use on the Future Land Use Map and inside the Urban Service Boundary, in order that an adequate choice of sites for housing is available at all times. At least annually the plan shall be amended to provide for the surplus." This clearly indicates that the densities represented by the Future Land Use Map are not meant to be static but will be increased over time. The School District's long range plans should take these planned increases into account. This is especially true in this case. As noted above, the Future Land Use Map is to be amended annually to "add (high density residential) RH acreage comparable to the amount that has been developed during the previous year." Without having perfonned an exhaustive survey, we are aware of at least thirty acres of RH property that has been developed in the last year. Our land use application is consistent with and in full support of Policy 5.2.5.1 in that it adds roughly the equivalent RH acreage to the Future Land Use Map that was taken out of inventory last year. PSL:16249:J RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS· FT. LAUDERDAlE· MIAMI· NAPLES· ORLANDO· PORT ST. LUCIE· SARA.t¡OU . ST. PETERSBURG. TALLAHASSEE. rAMPA . WHT PAlM REACH '-' ....", Letter to Marty Sanders July 1,2005 Page 4 The applicant should not be forced to absorb an unreasonable financial burden if the School District's long range plans have not taken into account the increased land use densities clearly contemplated by the County's Comprehensive Plan. If the School District's long range plans are based on static land use densities, then such plans will be inadequate in planning for the necessary infrastructure to serve the projected nwnber of students dictated by the present and future populations of the County allocated across various residential land use densities allowed for in the County's Comprehensive Plan. The problem is further exacerbated by the fact that Comprehensive Plan Policy 1.1.5.3 dictates that, generally, "property under land use amendment application [should be] adjacent to, or within no more than ~ mile of the same or greater type ofland use classification." As noted at the recent P&Z meeting, the County has surrounded almost all of the existing RH property with either commercial or industrial property. Therefore, in order to comply with the Comprehensive Plan policies that require the annual addition of RH property, it is necessary to convert non-residential property to residential property which would ostensibly trigger the Martinez Doctrine. Thus, any developer who wishes to further the affordable housing policies noted above by processing a land use amendment application to convert non-residential property to residential property, will only receive the School District's blessing for such application, under the policy that you are suggesting be implemented, if the developer is willing to pay a not insignificant amount of money over and above the lawfully adopted impact fees. Such a result is clearly contrary to the County's Comprehensive Plan objectives and policies in support of affordable housing. The applicant appreciates the difficult planning and financial issues that must be addressed by the School District. However, it is inequitable to place an additional financial burden on new development over and above lawfully adopted impact fees unless there is clear and convincing evidence that the proposed development will have an impact on the School District not addressed in the School District's long range plans and not addressed by impact fees. Finally, notwithstanding all of the problems noted above, it is also problematic to try to address these issues at the land use amendment stage. As you know, an amendment to the future land use map does not entitle the property owner to develop the property in a particular fashion. At the land use amendment stage it is impossible to evaluate the actual impacts to the School District. The impacts are not known and quantifiable until a specific development is proposed for the property. Again, we are willing to work with the School district to determine an equitable response to the potential impacts if and when those impacts can be identified. However, in Ihe meantime, for the reasons stated above, we respeclfully request that the School District reconsider its position concerning the land use amendment referenced above; withdraw its opposition to the land use amendment; and reserve comments on the impacts of development on the School PSL:16249:3 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSEll, P.A. CARACAS· fT. LAUDERDALE . MIAMI· NAPLES· ORLANDO· PORT ST. LUCIE· SARASOTA· ST. PEURSBURG . TALLAHASSEE. fAMPA . WEST PAlM lEACH \w ...¡ Letter to Marty Sanders July I, 2005 Page 5 District until a specific development proposal is submitted for the property. Thank you again for meeting with us to discuss these important issues and for your continued attention to this matter. Sincerely, ~~~~ Ene. Cc: School Board Members Mike Lannon, Superintendent Dan Harrell, Esq. Sheryl Stolzenberg, St. Lucie County Faye Outlaw, St. Lucie County John DiSalvatore Jan Stewart Mark Mathes PSL:16249:3 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS· fT. LAUOERDALE . MIAMI· NAPLES· ORlANDO· PORT ST. LUCie.. SARASOTA· ST. PElERSRURG . TALLAHASSEE. UMPA .. WEST PAlM BEACH '--' .."" Interoffice MemorandulD March 29,2000 TO: Board of County Commissioners M/¡J /I///.......4: - Met Martinez, Orange County Chairmt¡.tt( j:ttft?t!/It¿;- Land Use Approvals and School Overcrowding FROM: RE: In recent weeks and months, the Board has faced a number of requests for residential land-use approvals in areas of the county where public schools are seriously overcrowded. The Board's frustration over Ihe apparent lack of options to address the problem has once again been evident, and I can assure you that I very much share the frustration. I have been perplexed with the issue since shol11y after taking office, when I realized that, as Mr. Wilkes explained at Board meeting last month, the Florida legislature has "turned school concurrency upside down," Unlike road concurrency, where counties and cities are prohibited from Üsuing cel1ificales of occupancy in areas where roads are congested, under the "school concurrency" statute we may be prohibiredfrol/l denying C.O.'s where schools are overcrowded unless we have gone through an extraordinarily onerous. perhaps impossible, obstacle course. Obviously, as we contemplate a new approach, we must be careful to strike a balance, taking ¡rHo account the rights of property owners and the v·alue that the development community adds to our local economy. With the able assistance of the members of the Public Schools Task Force that I formed last year, I still intend to consider implementation of school concurrency. However, implementing school concurrency is so difficult that, I am told, not one county or city in Florida has succeeded in doing it. In my view, counties and cities in Florida are hardly indifferent to the issue of school overcrowding. Instead, counties and cities are stymied by a statute that seemingly turns a deaf ear to the educatioñàl needs of our children. Because school concurrency has proven to be such an ineffective and illllSOI)' land-use tool, I directed our planning and legal staffs last year to review once again the state of the lalV in Florida and to determine where in the several stages of the land use approval process, if at all, school overcrowding legally can be considered in the Board's decisions to grant or deny approvals, I wanted to know whether the concurrency statute acts to preempt other sources of legal authority such as charter county horne-rule powers. The analysis has been completed, and [ 5.10 "",. ..., ßoard of County Commissioners Page 2 March 29, 2000 have sought input from a number of stakeholder groups, such as the Home Builders Association of Mid Florida, the Orange County PT A, the Board of Realtors, and the Orange County Homeowners Association. Based on our staffs analysis and input from these groups, I havc directed several changes be undertaken with respect to our land use approval process. First, on all requ·ests for amendments to the Future Land Use Map in the comprehensive plan, and on requests for residential re-zonings (including PD's and PD amendments), where the map amendment or the requested re-zoning will have the effect, if approved, of increasing residential densities, the request will be sent to the Orange County Pub1ic Schools for review. rfthe review and anal)'sis by OCPS d.~termines that the affected schools are seriously overcrowded and that the increased residential densities will substantially aggravate the overcrowded conditions, ou!~taff will render a recommendation of denial of the map amendment or re-zoning. ' The foregoing will also apply to requests for approval of any "development of region:!1 impact," as well as requests for amendments to development orders for any previously approved DRJ's. However, with respect to approvals of preliminary subdivision plans for single-family residential projects, approvals of residential plats, approvals of apartment construction plans, and issuance of building permits, I am persuaded by our staff that any attempt to deny approval should be postponed for now. Under cUlTent Jaw the likelihood that denials of these types ofapptications would be overturned by the courts is much higher than for re-zonings. Our ostensible recourse at those late stages in the land use process is to implement school conculTency -- a task that, as I said, is onerous and perhaps impossible under the requirements and constraints imposed in recent years by the legislature. Actually, with respect to PSP's, plats, apartment construction plans, and building permits. our real recourse might be to convince the legislature to revise school conculTency laws so that they are similar to the much more workable and effective concurrency rules governing roads, utilities, stonnwater drainage, and other infrastructure. I have directed our staff to pursue the school concurrency portion of our legislative priorities with those changes in mind. Of course, school overcrowding is not arrecied by commercial, office, or industrial development, so there will be no changes with respect to the processing of nonresidentiall~d-use applications. Our staff is completing its discussions with OCPS staff regarding the types of information and analysis that OCPS will provide for residential FLUM amendments, residential DRJ approvals and amendments, and residential re-zonings. I expect that these types of starr recommendations of denial will begin to appear on the Board's agend~ ~vithin the next several weeks. Recognize that there may be exceptions. For example, in areas where developers are willing or are required by our regulations to donate school sites, our staff may opt not to recommend denial. However, as a general rule, school overcrowding will be a major factor in the Board's decision making in the future. 5.11 "'" ...,¡ Board of County Commissioners Page 3 March 29, 2000 I am optimistic that, ¡fthe Board elects to deny FLUM amendments or residential re-zonings or DRl approvals or amendments based on school overcrowding, we can defend our decisions against the inevitable court challenges. However, the County Attomey advises that the state of the law does not provide certainty regarding the outcome. Ifit happens that the courts won't support us, we will then turn to the legislature for relief. For now, however, we will take this most difficult and frustrating of issues and do what we C3n. I invite you to support this new 3ppro3ch to this long-standing issue. By working together and making tough decisions we can make a difference in this important area. If you have questions, please contact Bruce McClendon orTom Wilkes. MM:wcc cc: Members, Orange County School Board Members, Orange County Planning and Zoning Commission Dennis Smith, Superintendent. Orange County Public Schools Ajit Lalchandani, Orange COllnty Administrator Dan Murphy, Chief of Staff, Orange County Chairman's Office Byron Brooks, Deputy County Administrator Tom Wilkes. Orange County Attorney Bruce rvlcClendon, Director, Growth Management & Environmental Resources Dept. Bill Baxter, Director, Public Works Department David Heath, Manager, P,lanning Division Mitch Gordon, Manager, Zoning Division Oscar Anderson, Director of Public Affairs C 01 ~tw"orrc sp\schcc ncuncnc.y _ wpd 5.11 Ii. -- COpy OF Bee APO LETTER ~ .-. -- '-" ..",.¡ BOARD OF COUNTY COMMISSIONERS ~T. ~eJt:IE " COUNTY '~ FLORIDA GROWTH MANAGEMENT June 27, 2005 In accordance with the St. Lucie County Land Development Code, you are hereby advised that John Disalvatore has petitioned St. Lucie County for a Change in Future Land Use Classification ITom IND (Industrial) to RH (Residential High) for the following described property: Location: North side of Metzger Road approximately Y. of a mile west of Angle Road. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The second public hearing on the petition will be held at 6:00 P.M., or as soon thereafter as possible, on July 12, 2005, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of COWlty Commissioners at least 3 days prior to a scheduled hearing. County policy discourages communication with individual COWlty Commissioners on any case outside of the scheduled public hearing( s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he 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 necessæy, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described parceL please forward this notice to the new owner. Please call (772) 462-1960 if you have any questions, and refer to: File Number: P A-05-003. Sincerely, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS I~~ Frannie Hutchinson, Chairman ~ . DOUG COWA"D, D·,srti-t No.2· PAULA A. LEWIS, DiSTrict No. J . FRANNIE HUTCHINSON, Disrric! No.4. CHRIS eRAFf, Disrrict No. S JOSEPH E. SMITH, District No.1" ~ County Adminisrroror - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, FL ,34982-5652 Administration: (772) 462-1590 · Planning: (772) 462-2822 · GIS/Technical Services: (772) 462-1553 Economic Development: (772) 462-1550 · Fax: (772) 462-1581 Tourist Development: (772) 462-1529 · Fax: (772) 462-2132 · ~ eopy OF Bee AD '" ~ NOTICE OF PROPOSED CHANGES TO THE ST. LUCIE COUNTY COMPREHENSIVE PLAN The Board 01 County Commission.rs of 51. Lucie County Agency will consider the transmittal to Ihe State Department of Community Affairs of three requests to change the Future Land Use designation of lands Indicated on the map in this advertisement, and a change to the tell of the Transportalion Element. A public hearing on each proposal will be held before the Board of County Commissioners on July 12, 2005, in the County Commission Chambers. 3rd FkxJr of the Sf. Lucie County Administrative Annex, 2300 Virginia Avenue, ·Fort Pierce. Florida. The hearing will begin at 6 pm 01' as soon thereaner as possible. Interested parties may appear at the Board of County Commissioners meeting and be haerd with respect to the proposed plan amendments. The purpose of the public hearing is to consider the requests summarized below. MAP Amendments 5~.1 Petition Applicant: Jeffrey Freedman Petition Number: PA-05-Q01 Location: East side of South Kings Highway. north of and adjacent to the Ft. Pierce Jai Lal fronlon Request: Chenge the Future Land Use designation on approximately 40 acree'rom COM (Commercial) to RM (Residential Medium) 5ite2 Petillon Applicanl: Vero VISta Center. LLC Petition Number: PA·05·oo2 Location: Between US 1 and Old Dixie Highway/A 1 A, approximately 1/8 mile south of the 51. Lucie CountyNndian River County line Request: Change the Future Land Use designation on approximetely 46 acras 'rom COM (Commercial) to MXO (_ed Use) 5ite3 Petilion Applicant: John Disalvatore Petition Number: PA-05-003 . -. - ...... -.I u___..... CI....~ 1IiIo:ll",t nf Canal 29 and Westwood High Excellen~in Education The School Board of St. Lucie County 4204 Okeechobee Road Fort Pierce, Florida 34947· (772) 429-3600 ..., Board Members W Carol A. Hilson, Chairman Judi Miller, Vice Chairman John Carvelli Samuel S. Gaines Kathryn Hensley Superintendent Michael J. Lannon July 12, 2005 ~ ~~\d..t::>~ ~·.Cc.~. e.c.~~. ~~~. Frannie Hutchinson, Chairman S1. Lucie County Board of County Commissioners 2300 Virginia A venue Fort Pierce, FL 34954 RE: Future Land Use Plan Map Amendment requested by DiSalvatore 56.9 acre parcel on Kings Highway File Number PA-05-003 Dear Chairman Hutchinson: This letter is to provide input on behalf of the School District for the above referenced land use amendment as provided in the Inter/oeal Agreementfor Public School Facilities Planning-St. Lucie County. The attached memorandum from the School District's Executive Director of Growth Management provides the details of the impacts of the proposed land use amendment on the public school system. We have not been able to work out a method to mitigate the impact on the Public School Facilities with the applicant at this time. We urge that the County Commission recommend as a condition of forwarding the application to the Department of Community Affairs that the applicant work with the School District to provide a mitigation ofthe impacts of the land use change. In the interest of providing written comments to the Board of County Commissioners prior to the public hearing, I am forwarding these comments to you prior to School Board review. Once the details ITom our consultant are received we wíl1 continue to work with the applicant to develop a method to mitigate the impact. At the time that data is available, it will be reviewed and acted upon by the School Board. If you have any questions please call me or our Executive Director of Growth Management, Marty Sanders at 429-3600. Sincerely" ~ ~~ Chairman Enclosure C:II)oo.""In.undSelti.I'MSi\lI19W1YDl~,{")yUxalI.'II.L1cico[""yl'li"'P'-'R.toiewlf.....m-..I..t"'~\OICOnl';b7.11-Ðj ÐOCC cc: School Board members Michael Lannon Dan Harrell, School Board Attom(:;) ..' ..... S1. Lucie County Commissioners w)encjd~M(: Johnathan Ferguson w/enclosure ACCREDITED SYSTEM-WIDE BY THE SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS The School Board of 51. Lucie County Is an Equal Opportunity Agency Œ)<,E~L ~ Exce"en~in Education :- ~ : The School Board of St. Lucie County m 4204 Okeechobee Road ~{uœ ~ Fort Pierce, Florida 34947· (772) 429-3600 Board Members ....." Carol A. Hilson, Chairman Judi Miller, Vice Chairman John Carvelli Samuel S. Gaines Kathryn Hensley Superintendent Michael J. Lannon MEMORANDUM TO: Board Members Michael Lannon Superintendent FROM: SUBJECT: Marty Sanders, Executive Director 0 f Growth Manageme&t, L.and Acquisition & Inter-Governmental Relations 11~ ~ Future Land Use Plan Map Amendment requested by DiSalvatore ·56.9 acre parcel west of Angle Road-- File Number PA-05-003 DATE: July 11, 2005 As a part of the intergovernmental coordination I have reviewed the impacts of the proposed land use amendment on the St. Lucie County Public School system. The Interlocal Agreementfor Public School Facilities Planning-St. Lucie County between the School District, St. Lucie County, City of Port St. Lucie and the City of Fort Pierce states in Section 9.6 the factors considered in reviewing comprehensive plan amendment the local government shall consider the following: a) School Board comments. b) Available school capacity or planned improvements to increase school capacity. The project is proposed within the Zone I of the School District's choice system The School District's current 5-year work plan has a shortfall of approximately $ 233 million dollars and does not have any new schools identified in to be constructed in Zone 1. Currently the elementary schools in Zone 1 are over the program capacity. There are insufficient pennanent student stations at the middle and high schools to meet the program needs, but are being met thru the placement ofportable classrooms on the sites. The High school in Zone 1, Fort Pierce Westwoçd Hi School is scheduled for modernization and will create additional ca~~îtýif, ently not funded. St. Lucie County has approved about 5,125 residel1.tfàí dwel s since 2003. Based upon 'l average student generation rates we caií;expect ab public school students (867 elementary, 408 middle, and 192 higl1}!p Most oe located in Zone 1. Based upon the current 5-year work plan w~iWilI have capacity to meet the needs of additional residential units in Zone;1. Traditio ve made up the difference with the use of relocatabIe classrooms! ACCREDITED SYSTEM-WIDE BY THE SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS The School Board of Sf. Lucie County is an Equal Opportunity Agency , Page 2 ........ Future Land Use Plan Map Amendment requested by DiSalvatore 56.9 acre parcel west of Angle Road-- File Nwnber P A-05-003 .,¡ Table 1 below provides an estimate ofthe impacts and capital needs based upon the proposed land use amendment. The current land use is commercial and would not have any residential units and as a result no capital requirements on the school system. Table 1 Land Use Amendments-School Impacts Estimates Base Data Student Generation Rate (Students Idu) Current 1m act Fees Estimate as Estimate as Multi Family Single Family Disalvatore acreage Density Max. Number of du 853.5 Estimated Public School Students Students as a % of a k-8 Cost of K-8 $ 35,000,000 Estimated School Capital Needs Impact fee revenue Project shortfall ($) 241 307 177 346 15% 19% 11% 22% $ 5,265,028 $6,721,313 $ 3,864,755 $ 7,561,477 $ 2,050,107 $ 2,617,685 $ 2,164,374 $ 4,229.835 $ 3,214,921 $ 4,103,628 $ 1,700,381 $ 3,331,642 Based upon the impact fee analysis the project would be made up from credits (e. . State fundin , sales tax, ro taxes, etc. Current Impact generation rates Estimate as Estimate as Totals Multi Family Single Family Proposed Impact generation rates Estimate as Estimate as Multi Family Single Family Notes: Options $13,006,439 $ 7,941,966 595 $ 7,941,966 1. Assumes student generation rates based upon impact fee study 2. Options for mitigating impacts: Age restricted housing. Additional funding to mitigate additional cost. Dwelling units Capital need Revenue Shortfall Students at MF 2,108 $ 16,603,965 $10,137,380 759 $ 9,547,280 $ 4,200,529 436 $ 18,679,461 $ 8,230,306 854 Page 3 '-" Future Land Use Plan Map Amendment requested by DiSalvatore 56.9 acre parcel west of Angle Road-- File Number P A-05-003 ...., Table 2 Impact Fee Study Data Total Net occupancy Cost per State Local Total Impact Version Unit Type (Students/du) du ered it Credit Credit Fee 2005 Draft Single Impact fee Family 0.405 $ 7,873 $ 243 $ 2,674 $ 2,917 $ 4,956 Multi Family 0.207 $ 4,029 $124 $ 1,368 $ 1 ,492 $ 2,537 Single October 1 , 2003 Family 0.360 $ 5,905 $ 238 $ 2,605 $ 2,843 $ 3,061 Multi Family 0.282 $ 3,235 $ 131 $1,427 $ 1,558 $ 1,677 Based upon historical funding the credits for local and state funds, it is pretty clear that the School District will not get any additional revenue ITom the state or ITom sales taxes as a result of a land use change. The capital improvement tax (CIT) or 2 mil revenue may change slightly as a result of the development but could be a similar gross taxable value with either land use. As the table above shows the range of the local and state credits is about $1,500 for multi family and about $ 2,900 for single family. The developer is not sure of the mix at this stage ofland use. It is my opinion that the impact due to land use change should be addressed at this time because they are different than those that occur at time of final development approval. The above credit is the main issue that should be addressed. As previously stated to the Board, Orange County has implemented an approach, commonly referred to as the Martinez Doctrine that makes up the difference in the credits. The 81. Lucie County Comprehensive plan provides several issue that address development impacts. The first is Policy 11.1.2.4 (page 11-58) it states: "Future development shall pay for 100% of the capital improvements needed to address the impact of such development... Future development payments may take the form of, but are not limited to, voluntary contributions for the benefit of any public facility, impact fees, capacity fees, dedications of land, provisions of public facilities and future payments of user fees, special assessments and taxes. .. At the S1. Lucie County Planning and Zoning public hearing on June 16, 2005 I agreed to work with the applicants to provide solutions to mitigate the impacts to the School District. Then on June 28, 2005 the School Board directed me to continue to work with the developers to address the impacts and seek solutions to prevent additional shortfalls in the necessary funding for the schools as a result of the development. Page 4 ~ Future Land Use Plan Map Amendment requested by DiSalvatore 56.9 acre parcel west of Angle Road-- File Number P A-05-003 ...." The developer's representative, Johnathan Ferguson, has provided correspondence suggesting that it is not the appropriate time to review the impacts but at time of a final development order. As stated above it is the impacts of the land use changes that occur now that should be addressed now, not the impact ofa final development order. Mr. Ferguson has indicated we will continue to have discussion without any commitments at this time. Since the project is being heard at the Board of County Commissioner's meeting on July 12, 2005, the Board will not have an opportunity to review the data prior to that meeting. I recommend that should the Board of County Commission forward the land use amendment to the Department of Community Affairs, we ask that they do so with the condition or understanding that the applicant work with the School District to get an agreement in place prior to the final public hearings for adoption that will occur in about 90 days. In the interest of providing written comments prior to the public hearing, I have requested that School Board Chairman Judi Miller forward these comments to the Chairman ofthe County Commission. I will be at the Board of County Commission Public Hearing tomorrow night to represent the School District. Please call if you have any questions. MES/mtf C,\Doç_InlSettiJwllMSAlI19'My~v.I..ocd\SLLu;icCo1D~ar:P_&1in'ÐiSøl""~1'U1I'~1.]2-0SBOCCIab.,~ cc: Dan Harrell, School Board Attorney Tim Bargeron, Assistant Superintend Business Services Sandy Wolfe, Deputy Superintendent >- "CJ ::::I .. en CD CD CD CD lLlL 't).. '" CJ Q.'" E Q. _ E II) o o N ........ ....., ( ) ..., ..., '6 '6 ( ) ( ) ( ) LL .... .... ü ü u ( ) ro C'O ..., C. C'O g E ..., -en ...J 0 II II o o o c:ô ~ o o o r-: ~ o 8 trS ~ o 8 LÒ ~ o o o ..¡ ~ o o o M ~ o o o Ñ ~ o o q ..... ~ ~ 'Ë C'O LL +:; "5 :ä: ~ 'Ë C'O LL ( ) 0> c ëñ , ~ 07/01/05 FZIœWARR FUND 001 001160 001165 001168 001293 001294 001814 101 101001 101002 101003 102 102001 104002 104003 105 107 107001 107002 111 113 114 116 117 122 123 126 127 128 129 130 130201 138 139 140 140001 160 183 183001 183004 183006 185005 216 242 305 310002 \w' ST. LUCIE COUNI'Y - BOARD WARRANT LIST #40- 25-JUN-2005 TO 01-JUL-2005 FUND SUMMARy TITLE. General Fund Section 112/MPO/Planning FY 04/05 CSBG Grant FY05 Urban Mobile Irrigation Lab 04/05 TDC Planning Grant FY 05 FDCA/EMPA 2005 Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Unincorporated Services Fund Drainage Maintenance MSTU Elizabeth M. Kiessel Bequest Fund Hurricane Frances Donations Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar River Park I 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 SLC Public Transit MSTU FDOT Fixed Route Grant Palm Lake Gardens MSTU Fund Palm Grove Fund Port & Airport Fund Port Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP FY04/05 County Capital I&S Port I&S Fund Beach Acquisition Fund Impact Fees-Parks , EXPENSES 1,723,979.18 2,388.33 5,088.55 291.64 427.88 2,517.36 294.28 38,594.04 282.90 19,749.16 14,460.74 14,451.74 1,189.81 150.00 2,729.29 1,730.63 2,878,920.12 204.82 1,436.97 2,624.93 218.17 477.45 532.28 132.62 801. 44 164.42 942.83 275.40 116.21 348.06 461.41 251,541. 54 113,110.00 89,707.77 113.34 702.58 8,109.63 166.40 1,468.56 1,695.82 153.89 976.03 39.73 325.30 10,015,520.24 67,876.27 51,132.00 375.00 ...; PAGE PAYROLL 599,211. 01 10,414.14 3,045.54 1,312.01 712.91 0.00 1,312.01 151,418.02 0.00 0.00 0.00 49,670.04 5,321.83 0.00 0.00 1,622.40 105,189.24 914.80 1,934.17 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 11,711. 05 0.00 2,852.80 1,171.85 0.00 3,049.23 0.00 0.00 0.00 0.00 0.00 0.00 1 07/01/05 FZABWARR FUND 310201 316 39007 397 398 401 418 421 441 448 449 451 458 461 471 478 479 481 491 505 505001 611 615 625 '--' ST. LUCIE COUNTY - BOARD WARRANT LIST #40- 25-JUN-2005 TO 01-JUL-2005 FUND SUMMARY TITLE FDEP/FRDAP Ancient Oaks County Capital Indian River Estates MSBU Lennard Road 2 - Water Capital Lennard Road 3 - Sewer Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Airport Utilities District Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund Law Library Insurance Agency Fund GRAND TOTAL: EXPENSES 40,323.60 96,691.60 198.72 625.00 375.00 161,158.79 11,362.77 28,998.66 5,107.87 13,099.37 152.05 2,819.62 1,326.69 26,330.86 209,281.86 38.40 68,446.79 1,382.29 14,705.68 633,260.26 575,596.41 954.24 285.19 281.13 85,941.18 17,297,740.79 ., 'wi PAGE " PA~OLL 0.00 0.00 0.00 0.00 0.00 58,504.85 23,197.36 655.19 3,789.59 161.59 569.56 1,634.34 345.68 14,241. 83 3,676.68 137.77 702.53 433.81 65,348.73 3,179.56 2,038.71 3,801.54 0.00 0.00 0.00 1,133,282.37 2 . 07/08/05 FZABWARR FUND 001 001165 101 101006 102 102001 104002 105 107 107001 107003 112 136 140 140001 140122 183 183004 183006 184205 185005 187 215 217 002 003 310005 315 316 401 418 441 461 471 491 505 505001 615 625 ~ ST. LUCIE COUNTY - BOARD WARRANT LIST #41- 02-JUL-2005 TO 08-JUL-2005 FUND SUMMARY TITLE General Fund CSBG Grant FY05 Transportation Trust Fund Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Elizabeth M. Kiessel Bequest Fund Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-800 Mhz Oper River Park II Fund Monte Carlo Lighting MSTU#4 Fund Port & Airport Fund Port Fund USDOT/FAA-Rehab Runway 14-32 Ph1 Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP Fort Pierce Shore Protection P FHFA SHIP FY04/05 Boating Improvement Projects Sales Tax Revenue Bonds I&S Fund State Revenue Sharing Bonds I&S Fnd Impact Fees-Parks Impact Fees-Public Buildings Impact Fees-Law Enforcement County Building Fund County Capital Sanitary Landfill Fund Golf Course Fund North Hutchinson Island Utilities Sports Complex Fund No County Utility District-Operati~ Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Impact Fees Fund Law Library GRAND TOTAL: EXPENSES 135,380.09 22,500.00 61,900.73 30,725.00 175.84 33.22 70.98 317.24 6,224.58 665.00 1,969.23 563.97 1,378.16 24,592.17 53,177 .24 60,000.00 709.35 93.12 545.91 1,231.88 45.00 22,000.00 7,003.63 5,644.94 4,326.00 6,302.00 376,781.00 1,601. 54 10,648.14 359,474.92 10,287.48 639.36 8,641.41 132,527.70 6,155.16 90,999.81 21,121. 00 373,294.92 665.00 1,840,412.72 ·..i PAGE . PAYROLL 226.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 '0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,504.64 0.00 0.00 0.00 4,731.44 _v,.. 1 ,. '. .. .' \ \ I / .. ,-,. "wi .~ AGENDA REQUEST ITEM NO.C2A DATE: July 12, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 05-286 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-287 Extending the State of Emergency for Hurricane Jeanne BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve Resolution No. 05- 286 and Resolution No. 05-287 and authorize the Chairman to sign the Resolutions. COMMISSION ACTION: CE: oug/as Anderson County Administrator ¡)(] APPROVED [] DENIED ( ] OTHER: Approved 5-0 County Attorney: j Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 \..i ""'" f INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 05-1116 DATE: July 7, 2005 SUBJECT: Resolution No. 05-286 Extending the State of Emergency for Hurricane Frances; Resolution No. 05-287 Extending the State of Emergency for Hurricane Jeanne ************************************************************************** BACKGROUND: Attached are the following documents: 1. Draft Resolution No. 05-286 extending the state of emergency for Hurricane Frances until July 22, 2005 at 4:00 p.m. 2. Draft Resolution No. 05-287 extending the state of emergency for Hurricane Jeanne until July 23,2005 at 7:00 a.m. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board approve Resolution No. 05-286 and Resolution No. 05-287 as drafted. Daniel S. McIntyr County Attorney, DSMI caf Attachments '-' ,..." RESOLUTION NO. 05-286 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (HURRICANE FRANCES) WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Board has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The County's Public Safety Director declared a state of emergency on September 1, 2004, at 4:00 p.m. due to Hurricane Frances. · 3. The effect of Hurricane Frances has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. In order to respond to such emergency, upon this extension, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 5. Such declaration is extended for seven (7) days until July 22, 2005 at 4:00 p.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 6. This Extension of the Declaration of Emergency shall become effective July 15,2005 at 4:00 p.m. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Joseph E. Smith Commissioner Chris Craft xxx xxx xxx xxx xxx '-' ....." PASSED AND DULY ADOPTED this 12th day of June, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY '-' '-' RESOLUTION NO. 05-287 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (HURRICANE JEANNE) WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Board has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The County's Public Safety Director declared a state of emergency on September 24, 2004, at 7:00 a.m. due to Hurricane Jeanne. 3. The effect of Hurricane Jeanne has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. In order to respond to such emergency, upon this extension, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 5. Such declaration is extended for seven (7) days until July 23, 2005 at 7:00 a.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 6. This Extension of the Declaration of Emergency shall become effective July 16,2005 at 7:00 a.m. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Joseph E. Smith Commissioner Chris Craft xxx xxx xxx xxx xxx I '-' ..., PASSED AND DULY ADOPTED this 12th day of July, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ~ ft If!It' '-' .....,¡ , AGENDA REQUEST ITEM NO. C2B DATE: July 12, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: ORDINANCE 05-027 - PERMISSION TO ADVERTISE BACKGROUND: See attached memorandum FUNDS AVAILABLE: RECOMMENDATION CONCLUSION: Staff recommends the Board of County Commissioners grant permission to advertise Ordinance 05-027 for public hearing on August 2, 2005 at 6:00 pm. COMMISSION ACTION: [x] APPROVED [ ] DENIED [ ] OTHER: E: Approved 5-0 Do IsM. Anderson County Administrator [X] County Attorney: a-- Review and Approvals [ JManagement & Budget: [ ]Purchasing: [X ] Road & Bridge.: [ x ) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicat>le) Effective 5/96 " '-' '...I INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney . . ( . ~. 1"(\/ 05-1059 C.A. NO: DATE: June 27, 2005 SUBJECT: ORDINANCE 05-027 - PERMISSION TO ADVERTISE BACKGROUND: Section 1-9-71 of the St. Lucie County Code and Compiled Laws provides for the collection of solid waste generated from residential property located within the urban unincorporated area by a regulated contractor and that the occupants of that property be responsible for the use of such service and the fees for such service. Section 1-9-71 was amended previously to provide that the fees for this service may be collected pursuant to any method authorized by law including the imposition of fees at the time of issuance of any permit or certificate of occupancy, collection by the contractor or as a non-ad valorem assessment pursuantto the provisions of section 197.3632, Florida Statutes. Ordinance 05-027 has been drafted to amend the ordinance setting out the procedure needed to authorize the inclusion of delinquent fees that have not been collected to date and need to be billed on this year's tax roll. RECOMMEN DATION ¡CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No. 05-027 for public hearing on August 2, 2005, at 6:00 p.m. Icb Ene. .... '-' ...., ./ ORDINANCE NO. 05-027 AN ORDINANCE RELATING TO THE COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS IN THE UNINCORPORATED AREA OF ST. LUCIE COUNTY; AMENDING CHAPTER 1-9, GARBAGE, TRASH AND REFUSE, OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-9-71 (RESIDENTIAL PROPERTY) TO PROVIDE FOR ALTERNATIVE METHODS OF COLLECTING THE FEES INCLUDING A NON-AD VALOREM ASSESSMENT; REQUIRING THAT ANY ACTION BE BROUGHT WITHIN THIRTY DAYS OF THE ADOPTION OF THE FINAL AssESSMENT RESOLUTION; PROVIDING FOR PENALTIES AND REMEDIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, THE BOARD OF COMMISSIONERS OF ST. LUCIE COUNTY. FLORIDA HAS MADE THE FOLLOWING DETERMINATIONS: (a) Pursuant to Article VIII, Section 1 of the Florida Constitution, and F .5. §§ 125.01 and 125.66, the board has all powers of local self government to perform county functions and to render or contract for services in a manner not inconsistent with general law and such power may be exercised by the enactment of county ordinances. (b) Pursuant to F.S. § 125.01, the county has the general responsibility and authority to provide for the collection of solid waste and recyclable materials within the unincorporated area of the county. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. CHAPTER 1-9, GARBAGE, TRASH AND REFUSE, OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED BY AMENDING SECTION 1-9-71 AS FOLLOWS: Stp~e ¡ tl.re~gl. passages are deleted. Underlined passages are added. 1 ~- '- .."" DIVISION 2. MANDATORY COLLECTION OF SOLID WASTE Section 1-9-71 RESIDENTIAL PROPERTY. (a) During the term of any service agreement authorized by section 1-9-91(a), all solid waste (other than sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility) generated from residential property located within the urban unincorporated area shall be collected by a regulated contractor. The owners of all such residential property will be responsible for the use of such service by all occupants of the property and shall be responsible for the payment of service fees in accordance with the applicable service agreement including fees related to the availability of collection services for recyclable materials. Fees for such services, including the cost of collection, disposal and administration. including the payment of any delinquent amounts owed. may be collected pursuant to any method authorized by law including the imposition of fees at the time of issuance of any permit or certificate of occupancy, collection by the contractor or as a non-ad valorem assessment pursuant to the provisions of F.S. § 197.3632. In the event that the county elects to collect the charges pursuant to the provisions of F.S. § 197.3632, the adoption of the final assessment resolution shall be the final adjudication of the issues presented (including, but not limited to, the determination of special benefit and fair apportionment to the property; the method of apportionment and assessment; the initial rate of assessment; the maximum assessment rate, if any; the initial assessment roll; and the levy and lien of the solid waste assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within thirty (30) days from the date of the board action on the final assessment resolution. (Q) In the event that the County determines to collect the service fees as a non-ad valorem assessment pursuant to the provisions of F.S. § 197.3632 and a property is omitted. then. in addition to any service fees for current service. an amount equivalent to the payment delinquency. delinquency fees and recording costs for a prior year's fees for service may be included provided, (1) the collection method used in connection with the prior year's assessment did not use a collection methodology authorized by F.S. § 197.3632. (2) notice is provided to the Owner and (3) any lien on the affected parcel for the prior year's assessment is supplanted and transferred to such Solid Waste Disposal Assessment upon certification of a non-ad valorem roll to the Tax Collector by the County. St~~.1t tl.r8~~h passages are deleted. Underlined passages are added. 2 '- ...., PART B. SEVERABILITY . Provisions of this Ordinance are severable; and if any section, subsection, sentence or clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this ordinance shall not be affected thereby. PART C. ALTERNATIVE METHOD. This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This ordinance. being necessary for the welfare and the inhabitants of the County shall be liberally construed to effect the purposes hereof. PART D. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within ten days after enactment by the Board, and this ordinance shall take effect upon receipt of official acknowledgment of filing as provided in Section 125.66(2), Florida Statutes. PART E. FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART F. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Frannie Hutchinson Commissioner Joseph E. Smith Commissioner Chris Craft xxx xxx xxx xxx xxx Stf~cl, t¡'re~g¡' passages are deleted. Underlined passages are added. 3 '- ...., PART G. CODIFICATION Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section", "article" or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B toG shall not be codified. PASSED AND DULY ADOPTED this _ day of ,2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney Stru<l( tkre~gh passages are deleted. Underlined passages are added. 4 "'! . ~/ AGENDA REQUEST .." ITEM NO.C2C DATE: July 12, 2005 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Revocable License Agreement Mr. Joseph Sexton, Sr. Encroachment in DrainagelUtility Easement BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Mr. Joseph Sexton. to record the document in the Public Records of St. Lucie County, Florida. IX] APPROVED rl OTHER Approved 5-0 [ ] DENIED D . as M. Anderson County Administrator eoMMISSION ACTION: [x] County Attomey:~ Review and Approvals [ ]Originating Dept:_ [x] Road and Bridge:~ [x] Engineering: MVP [x] Public WOrkS:~' [ ]Purchasing: ..., PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Daniel McIntyre, County Attorney DATE: July 12, 2005 SUBJECT: Revocable License Agreement Mr. Joseph Sexton, Sr. Encroachment in drainage/utility easement with shed BACKGROUND: Mr. Joseph Sexton, Sr. has requested a license agreement to install a 8x 10 shed five feet within the County's 10 foot drainage/utility easement. Mr. Joseph Sexton will be installing and maintaining shed subject to the conditions of the Revocable License Agreement. The Revocable License states that if the shed needs to be removed or relocated, at the determination of the County Engineer or Road and Bridge Manager, it will be at Mr. Sexton's expense. Staff has approved Mr. Sexton's request to install the 8 x 10 shed subject to the conditions set forth in the attached Revocable License Agreement. RECOMMENDATION: Staff recommends the Board approve the Revocable License Agreement with Joseph Sexton, Sr., authorize the Chairman to execute the Agreement and direct Joseph Sexton, Sr. to record the Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, 'w' NORTHWEST TWP. 36S.-RNG. 40E. SOUTHWEST QUADRANT OUADRANT ST. LUCIE COUNTY, FLORIDA ? I o SEE PJ,fJE 50 1 MILES I ~ - ð60 1J20 ,Qeo OF 26~O 1 FEET I , 15280 TWP. J6S ·RNß. 40! N (~'~ ~ ][ ¡[~ >RCftR >VE ~ ~ -« ROYCE >vE. -~'" -k},tJ~~CI¡Y OF '''''i 111 I '.:;; '" I.....'" 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"," 'ó 1:) \L I ~ ," ~¡;h \./ " I~ ~r":[~ ~ Ì"'-.....~ :;_t;;_ ~" JJR '1- ~ 'Y ff "^'?I'<í),;'TI' :::. -1·tV:l~ [ , Ig::; ~ ,,:;; il1ì.~""": ffi ~f ,.:~, ,.: .. I I I )".,;",:, n, ~r;;:::: r--- \), o ~ ..-- -< -< a::' b'"''''' I- to .... ~'" ~ ~r I AÂç.~..r ~ r n-r I~ S ~ ~ § ~ 3~~ -< ~ ä ~ ð ~ ~ ê· 8~~~r ~ ÆN.Y~ t;; . \, '~'~ II V . ~ j j ~ ~ '-' BÆA A'ÆZ ~ ~ 5 :Ii ~ ~ i31 § I ST LUCIE ~ . ~"'\ 0 r /f -- C"': \:' 11-, KLPATRICXA\¡ $~J:OKATRO<ÁVE:"I 27SBrJ'I f". 1f. f/IGþ.~'-J o ~ 75~{l' · ~: ';:¡ I =R""'Ave:- - - - - r Z;- - - 1hI.,~~ -<I~ J~mf~ ".1>~ ~ >- y 7'): ~I..".' ~ ~~â I ; ~ ; ~i>- " ~ :;; ~ i ~ ~ : ;; I~~~~ '= t ~:'O ?~È ffý~~-t +-1 L F;. ~ ~ '" ; ~ " :" 0 ffi 0; 11 ~ I~"" 80'" - ~'O." ~"~ · ~~~ ( ~ i~;l. ~--~:_~~.~~ ~ ~ æ i ~ ~ a § ;¡~~ c~~r I ¿~:~R. ~:&;(}:q LT¡¡. 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"è.~"'~.:£NØ'~ _ ~ <;0.7- ~ r \ ' 31 . ,~\·.1 ' - - TOOO^""- -12·2- ~ - - - -- TOOD- --1 33 ~"" ---~... ...'~ :;; ,~ ~Ef' ___ ç , BÁLFOUR 'Í rn 0.\ ¡v.ro ¡., liE. 0 ¡-: ti. TW() .Yc, ·í ~ "7.- W HOlDlNCS' ffi > In P --. \ ( m -r-< ' I RAY "VE. ~" .... ~ Z ('I --- r \ . M LTD. PRTN VI þ.,. .... a. 0 ..~_ l " I / -\ VE < GAOVE >VE. 0 ~ ~ !:j - - -~ ...... c'ò Z /'. ~ \ ...~O\l ~ ~ :g ~ ~ .:: \~ -,JÇiI.;J"¿ a: .r "'- __ ~ FLORI~A..~ ' W. VJ:lGNA AI/E. S -=.¡..~ \1- (l) _ . _ ..-5T/dl-:,\ \ I (/j ~ rURI~PI"C \ AJ=lWAY AVE. ~ 17:..~I"c 1-:._ ;' _'\' ,....Av~\AI...v~ rl (.) A~m .'.VE_ I I I II IJ-<"-;;-:·"' ',,~\\ '" œ n d '" a: '" ~ ~ c.. I ~ .... SALfOUR HOlOINCS LTD. PRTN. v'" ~ J LENNAR HOM[S I - - - , II I..",. I ~',,-,,, ~"'\..::\!:Cr.:.. 1;c; , ,r '!!Þ"" rj,,,Ð' ì"(.."C _.... 'I'- ./ v ~V ~~ ~ c.: '3: .... , TWP. 37S,-RNG 'OE. !:I t~· ~. 'vJ'l'C.. ~~.:, SEE PAGE 68 TWP. J7S.-"ANG. 0401 '-' "" This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this _ day of Julv ,2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and JOSEPH SEXTON. SR. of 857 SE Corto Terrace, Port St. Lucie, FL 34983 (the "Owner"). WHEREAS, the Owner owns the property described as follows: River Park, Unit 7, Block 66, Lot 8 Parcel LD. 3419-550-0059-000-3 WHEREAS, the County is the owner of the property described as: A ] 0 foot drainage/utility easement, lying in the rear of Lot 8, Block 66, Unit 7, River Park in Section 28, Township 36 South, Range 40 East, St. Lucie County, Florida. WHEREAS, the Owner has requested a Revocable License Agreement to install a 8 x] 0 shed within the County's] 0 foot drainage/utility easement. WHEREAS, the County is willing to permit the Owner to encroach in the County's ] 0 foot drainage/utility easement for the purpose of installing a 8 x 10 shed subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: ] . The County agrees to grant the Owner a Revocable License Agreement for the 8 x ] 0 shed to encroach within the County's 10 foot drainage/utility easement. This Revocable License shall extend only to the referenced 8 x ] 0 shed and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this Revocable License Agreement is to grant the Owner permission to install and maintain a shed in the County's 10 foot drainage/utility easement. The owner agrees that if the '- ...,¡ County Engineer and/or Road and Bridge Division determine the shed needs to be removed or relocated the owner will do so at the Owners sole expense. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner to install the 8 x 10 shed in the County's 10 foot drainage/utility easement. 4. The Owner shall install and maintain the 8 x ] 0 shed in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida and Health Department Standards. The shed shall not interfere with County use ofthe easement and any damage to the County easement shall be repaired by Owner. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Owner, provided that Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer or Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachment at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer or Road and Bridge Manager may, in lieu of termination, request that the Owner perform certain alterations to the shed or the location of the shed, at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the shed, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal of the shed and repair of the easement, if necessary. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in affect unless otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate the referenced shed, at any time and at no cost to the County, if necessary for the maintenance or improvements of I 0 foot drainage/utility easement by the County or Uti lities Department. · ' "'"' ." I O. The shed shall be installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance or relocation activity will be subject to the written approval of the County Engineer. II. The Owner agrees to allow County employees access to the location of the shed for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 County Engineer Engineering Division 2300 Virginia A venue, 2nd Floor Fort Pierce, FL 34982 As to Owner Joseph Sexton, Sr. 857 SE Corto Terrace Port St. Lucie, FL 34983 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. As consideration for the County granting this Revocable License Agreement the Owner agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss oflife or property of any kind or nature whatsoever, sustained during Licensee's use of the property. """ -.,I. 14. The Owner shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESS: ('¡. /..J,h\.l.... r/l;t-jj) / })ìf\v,P(¡" st(~A3 e.. Witness (print name) ~:p~ .JoArJrJ ¡¿ If-v Witness (print nan1e) STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this 5H- day of July ,2005, by Joseph Sexton. Sr. who produced Df-;v&W L;u,w¿. / /).(; {,~ I.IJ; (type of identification) and who did take an oath. WITNESS my hand and official seal, this 5+1-. day of July ,A.D., 2005. My commission expires: O~tJ'V ..(¡~ JoAnn Marie Riley ~ ~ Convnilllon # DD374301 ; Expires December.04, 2008 ~OF BondedT..yFoIn.'_1n< _70'. IC . ~ ~h: C:Jit ~< C) t2~ h.<.r) :sL5 Q~ lQ lQ 0):':: lJ f-C) O-F -.JQJ aa a- C:)C:) -- -- UJUJ bb c)c) .i'a ~ l()l() ~~ coco Lr)Lr) ~ SLJ , ) 8:: CJQ. ~< o [2~ ~ , h.. <:S "'- f- SQs' C:JY1 C)~ o~ X::_ ,I') lOci -J <: 'c) ...,.¡: t3 ê ~ , , , 'Sll.JtY 110'06 3"QÇ,qO.OON .1V7d,OO"06 3"OO,tO.OON. ~ .1N3fGS'v'3 3DVN/\1JO GIN J1n/J/) ,01 ~ -~ll ~ ~ I ~ ~ ~~ l..J (.:J I ~ ~~ I.~ :::: --- lulu 1"'1:: t t I è .~~ ::5 to f'-.. I r::: IX) L.'j ~ ,. . Z~Z ¡ ¡, t ~ .- í- -" I I ~ I 9"01 ~ Ik~% ~ t5 I ["B I II ~I Ë ~ lòl 0'£/ C'\j f'.". C\i "t- f'.". B'ZI ...,,: C) cO '" --- (j <:: o lJ O'Çþ >-lu 0::'0 2< Lr)L...J CJ t.w-- <:(J C)Ce ZTZ 0;:) C\i ~ lS3M ,1 )i7VM:J ':JNO:J ,y Il.Jfý ONV .1Y7d ,00'08 3"OO,frO.oON . C) 1') 'b Q '-.J ~\j -- ~.~.~ X\b~--J Oo~v¡~ ~ ~LJ 9:: c:¡Q. ~<:: o eff::: f'.". C:i - 9'9Z (j ê§ "'? u ~ - - f\Ï I') CJ;) ll) ':JNO:J C'\j ,01 k "' ~ I')"Q. CJQ: ~<:: f2~ It:ln08 01808 í lQ lQ ~6 hC) O-.J -.JQ¡ SV311 .1V7d - '~/' '-' 'wi AGENDA REOUEST ITEM NO.C2D DATE: July 12. 2005 REGULAR [] PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. Mcfutyre County Attorney SUBJECT: Contract for Sale and Purchase fudrio North Savanna Parcel 170 - Ms. Chadwick, Ms. Howes, Ms. Loftus, Ms. Dipeitro BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: N! A PREVIOUS ACTION: See attached Memorandum RECOMMENDATION: Staff recommends that the Board reject the Contract For Sale and Purchase with Ms. Chadwick, Ms. Howes, Ms. Loftus Ms. Dipeitro based on the offer being out of the range ofyalue of the appraised value. be] APPROVED rl OTHER Approved 5-0 [ ] DENIED gl . Anderson County Administrator COMMISSION ACTION: CE: r,¡ Co='Y AUom,'Y' :if Review and Approvals [ ) Management & Budget: []ERD: [ )Originating Dept:_ [ J Engineering: [ )F inance : " .. '-'" ,.." PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Daniel McIntyre, County Attorney DATE: July 12, 2005 SUBJECT: Environmentally Significant Land Program lndrio North Savannas Project Chadwick, Howes, Loftus, Dipeitro, Contract for Sale and Purchase - Parcel 170 BACKGROUND: St. Lucie County and Florida Communities Trust (FCT) have worked together on the lndrio North Savanna Project and acquired most of the 228 parcels in this Environmentally Significant Lands Program. The grant award from FCT has expired. The County is moving forward to acquire the four remaining parcels through purchase or condemnation. A family of four sisters own the subject parcel in the Indrio North Savanna Project. A contract was presented in the amount of $115,000.00. The property owners have presented the County with an offer of $150,000.00. Daniel Fuller, MAl appraiser was contacted and asked if this offer was within the range of value or if there were any recent sales that would justify the property owners' offer. Mr. Fuller advised the County that as of June 17, 2005 the value of the property from resent sales was $120,000.00 RECOMMENDATION: Staff recommends that the Board reject the Contract with Ms. Chadwick, Ms. Howes, Ms. Loftus, Ms. Dipetitro, North Savannas N A o *160 1,140 1,520 I"ei>t Map prepared June 28, 2005 ~ -..I ~. FULLER-ARNIFIELD- W AGNER Appraisal & Research, Inc. Daniel D. Fuller, MAl, SRA 120 N. Second St. Phone (772) 468-0787 St. Cert Geo. REA RZS67 Ft. Pierce, FL 3+950 1-800-273-736+ FA W _"pp@bellsonrh.net Fax (772) 468-1103 June 20, 2005 œ ~Œ Œ ~ W Œ I.fr i ¡ JJN 2 22005 1:1 . IC'- I i PROPERTY ACOUISIT!'~." Ms. Janet LiCausi, Property Acquisition Agent St. Lucie Co. Bd. of County Commissioners 2300 Virginia Ave. Ft. Pierce, FL 34982 '>-..-- RE: Indrio North Savannah - Chadwick, Howes, Loftus, Dipeitro - Parcel 170. Dear Ms. liCausi: Per your letter referencing the above property, and the owner's counter offer, I updated my research for sales, contracts, and listings within the subject's neighborhood as of June 17, 2005. My research produced two May 2005 closed sales at $105,000 and $120,000, a listing at $125,000 and one at $145,900 (formerly listed at $149,900). Based on the data, my opinion of value as of June 17, 2005 will be $120,000. At your request I will finalize and deliver my appraisal report. My appraisal is subject to the Ordinary Limiting Conditions, Extraordinary Assumptions and Certification as found in my appraisal report of March 21, 2005 of the referenced property. If you have questions please contact me at your convenience DDF/18202 #170 June 17, 2005 · " \w' ..., PROJECT NAME: Indrio North Savanna Property Owner: Mrs. John J. Chadwick, Mrs. Richard Howes, Mrs. Girard DiPietro Mrs. Edward Loftus PARCEL:Tax ID # 1407-424-0035-000/8 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this day of , 2005, between MRS. JOHN J. CHADWICK. MRS RICHARD HOWES MRS. GIRARD DIPIETRO MRS. EDWARD LOFTUS whose mailing address is 10 Ramble Road,Milford. MA 01757 and ST LUCIE COUNTY, a political subdivision of the State of Florida. whose mailing address is 2300 Virginia Avenue. Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "AU together with all improvements and personal property located thereon as may hereinafter be specifically described. 1. PURCHASE PRICE AND METHOD OF PAYMENT The full purchase price is One Hundred, Fifteen Thousand 00/100 Dollars, determined to be the total of the following: Real Property (Land) and Buildings Other Improvements upon the Land (described, if any) Severance Damages Other (describe) /5ô;; om,O() V;.{ooo.oo $ N/A $ N/A $ N/A payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. This is page ~ of 16 pages of this agreement. Seller hereby initial this page acknowledging that they have read the material contained thereof, including exhibits referred to therein, and understand the contents._ p.~- , ,. ,-,. ...., 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying the subject real property to PURCHASER. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by PURCHASER. 3. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlier that the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that sELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and sELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEY ANCE. SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall This is page --L of 16 pages of this agreement. Seller hereby initial this page acknowledging that they have read the material contained thereof, including exhibits referred to therein, and understand the contents._ , , '-" -..I make and deliver to PURCHASER a Mechanic's No-Lien Affidavit as to realty. 6. PRORA nONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the PURCHASER. 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the Same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be on or before June 17. 2005. at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or This is page -L of 16 pages of this agreement. Seller hereby initial this page acknowledging that they have read the material contained thereof, including exhibits referred to therein, and understand the contents._ _ , I' '-' ....,¡ modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAUL T. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have because of such default of sELLER. If PURCHASER fails to perform hereunder without fault of SELLER, all monies paid hereunder may be retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract of title continued, at the expense of the PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. This is page ~ of 16 pages of this agreement. Seller hereby initial this page acknowledging that they have read the material contained thereof, including exhibits referred to therein, and understand the contents._ _ - , '-" .."" ,. 18. EXISTING MORTGAGES. sELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REfUSAL Of SPOUSE. failure or refusal of the wife or husband of the SELLER to execute the deed or any other required document, shall be deemed default of the SELLER. 20. OffER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) SELLER warrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) sELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property. (c) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. (d) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (e) There are no encroachments thereof. This is page ~ of 16 pages of this agreement. Seller hereby initial this page acknowledging that they have read the material contained thereof, including exhibits referred to therein, and understand the contents. , þ \r ...., (f) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other persons as may be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its succeSsors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. 23. CONfLICT Of LA WS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors ,administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. This is page î of 16 pages of this agreement. Seller hereby initial this page acknowledging that they have read the material contained thereof, including exhibits referred to therein, and understand the contents._ _ - - , "" ....,¡ ,. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this ~ day of '-"0\ tJ..~ ,2005. Witness!'} c~G~ WitnesS as to Mrs. John J. Chadwick ~M. ~",~\\k~"k MRS. JOH J.C DWICK (J_~ /I~ WitnesS as to Mrs. John J. Chad ick STATEOF~~I COUNTY OF - ) The ~Oing inst,ument was acknowledged betoe< me this ~ day at J11. .2005, by Mrs. John J. Chadwick. who is personally known to me or who has produced a drivers license issued within the last five years as identification. Commission No.: ~/'~. ~/ . ota", Publio f My Commission Expires: Lj-:tð /1/ This is page l of 16 pages of this agreement. Seller hereby initial this page acknowledging that they have read the material contained thereof, including exhibits rF!ferred to therein, and understand the contents._ - ~ - , ~ "'" .., , IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this ~day of '---?;í .-Ø-f' 2005. 1l!J4ß vf~~ij~ MRS. RICHARD( OWES STATE O~~1/ COUNTY OF ) ) ¡ The ~oing ins',um,,' waS aokoawledged bel"e me ,his ,¡ ~ day 01 //_ /' /[~ ' 2005, by Mcs. Rkha,d HaweS, wha ;s pecsooally koawn 'a me " who has produced a dr vers license issued within the last five years as identification. /1 /// (l þ,' , ,'-L<:l-t d f21 Notciry Public I / Commission No.: JUDITH A. RING l<juku y Public My Commission Expires December 22, 2006 My Commission Expires: This is page .JL of 16 pages of this agreement. Seller hereby initial this page acknowledging that they have read the material contained thereof, including exhibits raforrÇ!d to therein, and understand the contents._ - . "" ..., þ IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this ~ rDlday of fí\D.A1 . 2005. .-' Witness: '2: hy..~^' ~ D,~ Witness as to Mrs. Edward Loftus t¿/~ T t~ Witness as to Mrs. Edward Loftus STATE OF ÎfìCL¿J)'K_~~ ) COUNTY OF ('() \ d,fu0.Q.. 'I. ) The foregoing instrument was acknowledged before me this é))gi)oI day of f'(ì C'1..VJ ,2005, by Mrs. Edward Loftus, who is personally known to me or who has produced a drivers license issued within the last five years as identification. Commission No.: !ì \ R.. cÆ)J)Ç)~ Notary Public My Commission Expires: Clllo ldùlÒ r· £-. LOIS D. GARNEAU I e NOTAHY PUBLIC I ' COMMONWEALTH OF rv':;:;~ACHusrns L...- fIllY COMMISSION EXPli,ES 9/10/2010 This is page ~ of 16 pages of this agreement. Seller hereby initial this page acknowledging that they have read the material contained thereof, including exhibits referred to therein, and understand the contents._ () i . J .' . '-" ....., IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this nf- day of ,2005. Witness: Uvy,,/\/ ~I Z lJ,v-Â..- Witness as to Mrs. Gerard J. DiPietro ¡¿L /12'- MRS. GERARD J. DIPIETRO (J~ -r)~ Witness as to Mrs. Gerard J. DiPietro STATE OF ~ COUNTY OF I .. . ) ) The foregoing instrument was acknowledged before me this g;tlL day of .m\~, 2005, by Mrs. Gerard J. Dipietro, who is personally known to me or who has produc a drivers license Issued within the last five years as Identification. Commission No.: c;ßh Qd~b1 Notary Public My Commission Expires: q //0/;0 r ~ LOIS D. GARNEAU t _NOTARY PUBLIC COMMONWEAL TH OF MASSACHUSms L...---- MY C~M~ISSiON EXPIRES 9/10/2010 This is page -3L of 16 pages of this agreement. Seller hereby initial this page acknowledging that they have read the material contained thereof.-4'¡:}\Jding exhibits referred to therein, and understand the contents._ . c:L:f!L: J --,< .. '-'. ...¡ EXECUTED by PURCHASER this day of . 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS County Attorney This is page -1L of 16 pages of this agreement. Seller hereby initial this page acknowledging that they have read the material contained thereof, including exhibits referred to therein, and understand the contents._ .. . f '-' ...., . EXHIBIT "A" LEGAL DESCRIPTION The North 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Northwest 1/4 of the Southeast 1/4 LEss the East 30 feet and, lying and being in Section 7, Township 34 South, Range 40 East, St. Lucie County, Florida. . This is page -1L of 16 pages of this agreement. Seller hereby initial this page acknowledging that they have read the material contained thereof, including exhibits referred to therein, and understand the contents._ _ . ~ .. . '-' EXHIBIT "B" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES ....tI This is page .-1L of 16 pages of this agreement. Seller hereby initial this page acknowledging that they have read the material contained thereof, including exhibits referred to therein, and understand the contents._ , ," . '-" EXHIBIT "C" CONTRACTS, LICENSES AND AGREEMENTS ..." This is page ~ of 16 pages of this agreement. Seller hereby initial this page acknowledging that they have read the material contained thereof, including exhibits referred to therein, and understand the contents._ I , .. ... '-' .., EXHIBIT liD" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS This is page ~ of 16 pages of this agreement. Seller hereby initial this page acknowledging that they have read the material contained thereof, including exhibits referred to therein, and understand the contents._ ~ I" .. ~ ...,¡t EXHIBIT "E" POLICIES OF INSURANCE This is page ---.1L of 16 pages of this agreement. Seller hereby initial this page acknowledging that they have read the material contained thereof, including exhibits referred to therein, and understand the contents._ .. \,.../ '-" AGENDA REQUEST ITEM Nt~ ~ £.. Date: July 12, 2005 Regular [ ] Public Hearing [ ] Consent [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Pennission to Advertise - Ordinance No. 05-026 Teen Court Fees BACKGROUND: See C.A. No. 05-1041 FUNDS A V AIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff requests permission to advertise proposed Ordinance No. 05-026 for public hearing on August 2, 2005 at 6:00 p.m. or as soon thereafter as may be heard. Approved 5-0 COMMISSION ACTION: ['Xl APPROVED [] DENIED [ ] OTHER: Douglas . Anderson County Administrator County Attorney: ¡J:j- Coord ination/Silmatures Mgt. & Budget. Purchasing: Originating Dept.: Other: Other: Finance (Check for Copy only, if applicable): ... '-" .""" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 05-1041 DATE: June 27,2005 SUBJECT: Pennission to Advertise - Ordinance No. 05-026 Teen Court Fees BACKGROUND: The Florida Legislature passed HB 1935, modifying Section 938.19, Florida Statutes, and allowing counties to assess a three dollar ($3.00) fee against every person who pleads guilty or nolo contendere to, or is found guilty of, any felony, misdemeanor, or criminal traffic offense under the laws of the State of Florida. This fee will be used for the operation and administration of the teen court program. Additionally, if the Board adopts the new fee, the teen court program would no longer be eligible to receive any portion of the sixty-five dollar ($65.00) court costs already in effect. RECOMMENDATION/CONCLUSION: Staff requests pennission to advertise proposed Ordinance No. 05-026 for public hearing on August 2, 2005 at 6:00 p.m. or as soon thereafter as may be heard. Respectfully submitted, Attachment HL/ Copies to: County Administrator Court Administrator, Tom Willis Teen Court Administrator, John VanilIa ....' ~ .""". ORDINANCE NO. 05-026 AN ORDINANCE AMENDING CHAPTER 1-7 "COURTS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY PROVIDING FOR ADDITIONAL COURT COSTS FOR TEEN COURT IN THE AMOUNT OF $3.00 TO BE IMPOSED BY THE COURT AGAINST EVERY PERSON WHO PLEADS GUILTY OR NOLO CONTENDERE TO, OR IS FOUND GUILTY OF, ANY FELONY, MISDEMEANOR OR CRIMINAL TRAFFIC OFFENSE UNDER THE LAWS OF THE STATE OF FLORIDA; PROVIDING THAT TEEN COURT PROGRAM NO LONGER RECEIVES A PORTION OF $65.00 COURT COST; PROVIDING FOR SEVERABIUTY; AND PROVIDING EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (" Board"), is authorized by Section 938.19, Florida Statutes, to adopt an additional court cost of three and 0/100 dollars ($3.00) to be used by the County for the operation and administration of the teen court. WHEREAS, the Board has determined that the adoption of this Ordinance imposing an additional court cost is in the best interest of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ARTICLE I OF CHAPTER 1-7 "COURTS" OF THE CODE OF ORDINANCEs OF ST. LUCIE COUNTY IS HEREBY AMENDED AS FOLLOWS: Sec. 1-7-1. Additional costs for law enforcement training. Every court in the county created by Article V of the State Constitution shall assess four and 50/100 dollars ($4.50) pursuant to sections 318.18(11)( c) and 938.15, Florida Statutes, in addition to the three dollars ($3.00) assessed by section 938.01(1), Florida Statutes, as a court cost against every person convicted for violation of a state penal or criminal statute or convicted for violation of a municipal or county ordinance or non-criminal Str~d( tkrð~~ , portions are deleted. Underlined portions are added. ..' '--' -...,I infraction. However, no such assessment shall be made against any person convicted for violation of any state statute, municipal ordinance, or county ordinance relating to the parking of vehicles. All such costs collected by the aforesaid courts shall be deposited in a special grant fund of the county to be used for law enforcement training expenditures by said county. Sec. 1-7-2 Assessment of additional court costs. A. The court shall assess court costs of sixty-five and 0/100 dollars ($65.00) per case, in addition to any other authorized cost or fine, on every person who pleads guilty or nolo contendre to, or is found guilty of any felony, misdemeanor, or criminal traffic offense under state law. B. The clerk of the circuit and county court ("clerk") shall collect the sixty-five and 0/100 dollars ($65.00) court costs assessed by the court and deposit those funds in a separate, designated account established by the clerk. The clerk shall release funds to the Board upon request. Sec. 1-7-3 Allocation of additional court costs. The additional court costs imposed pursuant to Section 1-7-2 of this Code shall be used only in St. Lucie County, to be allocated as follows: 1. Twenty-five percent of the amount collected shall be allocated to fund innovations to supplement state funding for the elements of the state courts system identified in section 29.004, Florida Statutes, and county funding for local requirements under Section 29.008(2)(a)2, Florida Statutes. 2. Twenty-five percent of the amount collected shall be allocated to assist counties in providing legal aid programs required under Section 29.008(3)(a), Florida Statutes. 3. Twenty-five percent of the amount collected shall be allocated to fund personnel and legal materials for the public as part of a law library. 4. Twenty-five percent of the amount collected shall be used as determined by the Board to support teen C6urt pr6gF'ðmS, juvenile assessment centers, and other juvenile alternative programs. Str~eh tnr6t1gh portions are deleted. Underlined portions are added. 2 ..., '-" ...,¡ Sec. 1-7-4 Quarterly Reports Required; Priority; Indigeney. The Board shall report the amount of funds collected pursuant to this section and itemized list of expenditures for all authorized programs and activities. The report, in a format developed by the Supreme Court, shall be submitted to the Governor, the Chief Financial Officer, the President of the Senate; and the Speaker of the House of Representatives on a quarterly basis beginning with the quarter ending September 30, 2004. Quarterly reports shall be submitted no later than 30 days after the end of the quarter. Any unspent funds at the close of the county fiscal year allocated under subparagraphs 2., 3., and 4. of Section 1-7-3, shall be transferred for use pursuant to subparagraph 1 of Section 1-7-3. The disbursement of costs collected under this section shall be subordinate in priority order of disbursement to all other state-imposed costs, restitution or other compensation to victims, and child support payments. If a person is determined to be indigent, the clerk shall defer payment of this cost. Sec. 1-7-5. Disposition of law library funds. All additional costs collected for the law library shall be set aside by the clerk to be used exclusively for the establishment and maintenance of the county law library. At the end of each month, such clerk will turn over such funds so collected to the board of trustees of the county law library as provided in Chapter 57-1790, Laws of Florida as amended by Chapter 71-895, Laws of Florida. Strud( through portions are deleted. Underlined portions are added. 3 .. "'" ....., Sec. 1-7-6. Disposition of legal aid fund. All additional costs collected for the pro bono legal aid program shall be set aside by the clerk in a separate account to be used exclusively to fund the pro bono legal aid program under the supervision of the St. Lucie County Bar Association for the Nineteenth Judicial Circuit or its designee. Sec. 1-7-7. Civil traffic infraction fund. Effective November 1,1999, there is created a separate fund titled "civil traffic infraction fund". All monies deposited in the fund by the clerk pursuant to administrative order shall be used to pay expenses of the civil traffic hearing officer program as approved by the chief judge of the Nineteenth Judicíal Circuit pursuant to the budget for the program established by the Board of County Commissioners. Sec. 1-7-8. Assessment of court costs to be used for the operation and administration of teen court programs. (g) The court (both county and circuit) shall access court costs of three and 00/100 dollars ($3.00) per case. in addition to any other authorized cost or fine. against every person who pleads guilty or nolo contendere to. or is convicted of. regardless of ad iudication. a violation of criminal law or a municipal or county ordinance. or who pays a fine or civil penalty for any violation of Chapter 316. Florida Statutes. Any person whose ad iudication is withheld under section 318.14(9) or (10). Florida Statutes shall also be assessed such cost. The assessment for court costs shall be assessed in addition to any fine or cívil penalty or other court cost and may not be deducted from the proceeds of that portion of any fine or civil penalty that is received by a municipality in the county or by the county in accordance with Section 316.660 and 318.21. Florida Statutes. The assessment shall be specifically added to any civil penalty paid for a violation of Chapter 316. Florida Statutes. regardless of whether the penalty is paid by mail. paid in person without request for a hearing. or paid after hearing and determination by the court. However the assessment may not be made against a person for a violation of any state law or municipal or county ordinance relating to the parking of vehicles. with the exception of the violation of the handicapped parking laws. (Q} The clerk of the court shall collect the assessments for court costs collected pursuant to this section and shall remit the assessments to the teen court monthly. less five (5) per cent which is to be retained as fee income of the office of the clerk of the circuit Strud\ through portions are deleted. Underlined portions are added. 4 '-' ..." court. The teen court must account for all funds received under this section in a written report to the Board by August 1 of each year. PART B. SEVERABILITY . If any word, phrase, clause, section or portion of this ordinance shall be held invalid or unconstitutional by a court of competent jurisdiction, such portion or words shall be deemed a separate and independent provision and such holding shall not affect the validity of the remaining portions thereof. PART C. EFFECTIVE DATE. This ordinance shall become effective September 1, 2005. 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. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Frannie Hutchinson Commissioner Joseph E. Smith Commissioner Chris Craft xxx XXX XXX XXX XXX PART F. CODIFICATION. Provisions of this ordinance shall be incorporated into 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 "F" shall not be codified. Strl:ldl threl:l~h portions are deleted. Underlined portions are added. 5 'w' ..., PASSED AND DULY ADOPTED this _ day of .2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney Str~d( thFOl:Igl. portions are deleted. Underlined portions are added. 6 \'/ AGENDA REQUEST """" ITEM NO. 6ffl d. F- Date: July 12, 2004 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Bear Point Mitigation Bank - Credit Purchase Agreement with Destin Beach, Inc. and Ft. Pierce Waterfront Terminals, L.L.C. BACKGROUND: See c.A. No. 05-1143 FUNDS A V AIL. (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed Bear Point Mitigation Bank Credit Purchase Agreement with Destin Beach, Inc. and Ft. Pierce Waterfront Terminals, L.L.c., and authorize the Chairman to sign the Agreement. Approved 5-0 E: COMMISSION ACTION: IJd APPROVED [] DENIED [ ] OTHER: Dou as M. Anderson County Administrator County Attorney: ~ Coord ination/Sie:natures Mgt. & Budget: Purchasing: Originating Dept.: Other. Other: Finance (Check for Copy only, jf applicable): '-' ....., ,. INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 05-1143 DATE: July 5, 2004 SUBJECT: Bear Point Mitigation Bank - Credit Purchase Agreement with Destin Beach, Inc. and Ft. Pierce Waterfront Terminals, L.L.c. BACKGROUND: The Bear Point Mitigation Bank has received approval from the Florida Department of Environmental Protection to release credits based upon the work performed to date. As approved by the Mitigation Bank Management Committee pursuant to the agreement with the fonner landowners, the current price for a State Credit is sixty-five thousand seven hundred and 00/100 dollars ($65,700.00). Destin Beach, Inc. and Ft. Pierce Waterfront Tenninals, L.L.c. have entered into a Consent Order with the Florida Department of Environmental Protection which requires them to purchase one-tenth (1/10) of a credit from the Bear Point Mitigation Bank. The Consent Order stems from the removal of white mangroves without a valid permit. Attached to this memorandum is a copy of the proposed Credit Purchase Agreement which provides for the purchase of 0.10 State Credits in the amount of six thousand five hundred seventy and 00/100 dollars ($6,570.00). RECOMMENDA nON/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed Bear Point Mitigation Bank Credit Purchase Agreement with Destin Beach, Inc. and Ft. Pierce Waterfront Tenninals, L.L.c. , and authorize the Chairman to sign the Agreement. Respectfully submitted, ~~ Heather oung Assistant County Attorney Attachment HY/ Copies to: County Administrator Finance Director ' Management and Budget.Director Mosquito Control Director '-' .."" , MITIGATION BANK CREDIT PURCHASE AGREEMENT THIS AG REEMENT made and entered into this day of , , by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County"), whose address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982, DESTIN BEACH, INC., a Florida corporation, whose address is 681 SE Hidden River Drive, Port St. Lucie, Florida 34982, and FT. PIERCE WATERFRONT TERMINALS, L.L.C., a Florida Limited Liability Corporation, whose address is 5730 SW 74th Street, Suite 700, Miami, Florida 33143, (jointly the "Buyers"). WITNESSETH WHEREAS, the County owns and operates the Bear Point Mitigation Bank, ("Bank"); and, WHEREAS, the Buyers have entered into a Consent Order with the Florida Department of Environmental Protection ("Agency") in OGC Case No. 05·0833 regarding activities which occurred on certain property lying in the Bank's Mitigation Service Area; and, WHEREAS, the Consent Order requires the Buyers to purchase credits in the Bank; and, WHEREAS, in accordance with the Consent Order the Buyers desire to purchase 0.10 State Credits from the Bank; and, WHEREAS, the current price of a State Bank Mitigation Credit ("Credit") is sixty-five thousand seven hundred and 00/100 dollars ($65,700.00) per credit. , NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. The County agrees to sell and the Buyers agree to purchase 0.10 State Credits in accordance with the Consent Order. The purchase price for the Credits is six thousand five hundred seventy and 00/100 dollars ($6,570.00). 2. The Buyers shall pay the purchase price for the Credits to the County in full within thirty (30) days of the date of this Agreement. Payment shall be delivered to the St. Lucie County Finance Director, 2300 Virginia Avenue, Fort Pierce, FL 34982. Upon payment in full of the purchase price, the County shall issue a written receipt to the Buyers acknowledging such payment. In the event the purchase price is not paid in full within thirty (30) days ofthe date ofthis Agreement, this Agreement -1- '-' ..., shall be null and void and the County shall make the above-referenced Credits available to other parties. 3. It shall be the responsibility of the Buyers to provide the Agency with a copy of the receipt or other acceptable proof indicating purchase of the Credits. 4. Any disputes relating to interpretation ofthe terms of this Agreement or a question offact or arising under this Agreement shall be resolved through good faith efforts upon the part of the Buyers and the County. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 5. Prior to initiating any litigation concerning this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results ofthe mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 6. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. [Remainder of page intentionally left blank.] ·2- '-' ""'" IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: DESTIN BEACH, INC. BY: SECRETARY PRESIDENT (SEAL) WITNESSES: FT. PIERCE WATERFRONT TERMINALS, L.L.C. BY: NAME: TITLE: g: ,atty \agreemnt \contract \bearpt. pUIchase .ft. p. waterfront. terminals.. wpd -3- .. \'TEtJ\ NO~ O~~: Ju\~ \ Z. ZOO~ ] ¡..R l 1 ; , I I I " ~ ..." AGENDA REQUEST ITEM NO. C-3a DATE: July 12, 2005 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Pete Keogh, Director SUBJECT: St. Lucie County School Board Fee Reduction BACKGROUND: Per the attached correspondence, Kevin Perry, SLC School Board Area Assistant Superintendent, is requesting that the BOCC approve a reduction in rental fees at the Fairgrounds Adam's Arena for the May 22-27, 2006 graduation rehearsals and ceremonies. Instead of the $2,000 per day rental fees, the School Board is requesting that the total fee for the use of the facility be reduced to $2,000. In previous years, the school board paid a total fee of $2,000 for use of the Civic Center. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the School Board's request for a reduction in fees for the rental of the Fairgrounds Adam's Arena and approve a total fee of $ 2,000 for its May 22-27, 2006 graduation rehearsals and ceremonies. Approved 5-0 RENCE: COMMISSION ACTION: [Xl APPROVED [I DENIED [ ] OTHER: Coord ination/Siqnatures County Attomey, 'þ0 Originating Dept: Mgt & Budget: Public Works: Purchasing: Other: Finance: (Check for Copy only, if applicable) .. . '-"' oJ· BOARD OF COUNTY COMMISSIONERS PARKS & RECREATION PETE KEOGH Director To: From: Subject: Date: Board of County Commissioners i jY- Linda Barton. Assistant Director P&R fI' _ _ Agenda # C-3a ( SLC School Board Fees Reduction Request) July 12, 2006 Per the attached correspondence, Kevin Perry, SLC School Board Area Assistant Superintendent, is requesting that the BOCC approve a reduction in rental fees at the Fairgrounds Adam's Arena for the May 22-27, 2006 graduation rehearsals and ceremonies. Instead of the $2,000 per day rental fee, the School Board is requesting that the total fee for the use of the facility be reduced to $2,000. In previous years, the school board paid a total fee of $2,000 for use of the Civic Center. JOSEPH E. SMITH, Districr No.1. DOUG COWARD, District No.2. PAULA A. LEWIS, District No. J . mANNIE HUTCHINSON, District No.4· CHRIS CRAFT, DIStrict No.5 Counry Administraror - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, Florida 34982-5652 Phone (772) 462-1518 · Fax (772) 462-1940 · E-mail: peterk@co,st-Iucie,fl.us www.cq.st-Iucie.fl.us T '. ,e0L eo~ .. ~~~"O Excelle~ in Education 'J( d:í): The School Board of St. Lucie County ~,,~. 42040keechobee Road ~ Fort Pierce, Florida 34947 . (772) 429-3600 Board Members ~ Dr. Judi Miller, Chairman ~athryn Hensley, Vice Chairman Dr. John Carvelli Dr. Samuel S. Gaines Carol A Hilson Superintendent Michael J. Lannon June 7, 2005 Dear Board Members: . ~~~~[þ) C¿', bo~ ~.\i~. to.~ ß \YC1À.~" Frannie Hutchinson, District 4 The Board Of County Commissioners St. Lucie County Civic Center 2300 Virginia Avenue Fort Pierce, FL 34982 Please consider this a written request to waive the fees for the Adam's Arena for the 2006 Graduation Ceremonies. In past years, we have reserved the St. Lucie County Civic Center and have held contracts for $2,000.00 for the entire event. Due to the 2004 hurricane season, this location is no longer an option. For our students, graduation is a momentous occasion that they want to share with family and friends. The Adam's Arena is the only covered venue in the county large enough to hold the capacity needed for graduation. It is for this reason that as per previous agreements with St. Lucie County we would like to request the total fee for the use of this facility be reduced to $2,000.00. The dates for next year (Graduation 2006) are already set. They are May 22 - 27, 2006: May 22nd - May 25th for the rehearsals and the evening of May 26th and all day on May 2ih for the ceremonies. My assistant has already spoken with Pete Keogh to book the Arena for these dates I greatly appreciate your consideration of this request. Please contact me at 429-3910 with any questions, concerns, or comments. Sincerely, t..w k.. );Ä 9~,,- Kevin G. Perry ~ Area Assistant Superintendent Zone 3 c: Michael J. Lannon, SuperintendMtC Doug Anderson, County Administrator Pe~~g-~ ~.&I~.tiImJÐimlilkm;ocIATION OF COLLEGES AND SCHOOLS The School Board of St. Lucie County is an Equal Opportunity Agency \ts 1......: '-' .., AGENDA REQUEST ITEM NO: C-38 DATE: July 12, 2005 REGULAR PUBLIC HEARING CONSENT [ X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: FAIRWINDS GOLF COURSE PROPOSED RATE INCREASE, GOLF PRIVILEGES, AND RESOLUTION 05-261. BACKGROUND: On Wednesday, June 15, 2005, staff submitted a proposal to the Recreation Advisory Board (RAB) for a rate increase, new criteria for Golf League play, and a recommendation to alleviate cancellations and no-shows on advance bookings of tee- times. The RAB unanimously voted in favor of the above recommendation and proposals. A recent survey of eleven courses in the tri-county area reveals that Fairwinds has the second lowest winter fees, and ranks fifth in summer fees. This agenda requests the Board of County Commissioners' approval to move forward with the above. PREVIOUS ACTION: Fairwinds' current rates have been in effect since September 2000. FUND WILL BE MADE AVAILABLE IN: N/A RECOMMENDATION: Staff recommends that the Board of County commission adopt Resolution Number 05-261, requesting a rate increase of golf fees, establish new criteria for golf league play, and a policy for no-shows and cancellations as they relate to advance bookings of tee-times. COMMISSION ACTION: CONCURRENCE: [ X ] [ APPROVED DENIED OTHER: Approved 5-0 ou Anderson County Administrator County Attorney: í coordination/Signat~M A Management & BUdget:~purchaSing: Originating Dept: Other: Finance: (if applicable) HIAGENDAS 04-05\6-28-05-GOLF C ,,- '-' ...".¡ RESOLUTION NO. 05-261 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF SAINT LUCIE COUNTY, FLORIDA, ESTABLISHING A RATES AND FEES SCHEDULE FOR FISCAL YEAR 2005-2006 FOR THE SAINT LUCIE COUNTY FAIRWINDS GOLF COURSE, PROVIDING THAT THESE RATES AND FEES WILL STAY IN EFFECT UNLESS CHANGED BY SUBSEQUENT RESOLUTION OF THE BOARD; AND FURTHER PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of Saint Lucie County has made the following determinations: 1. The Board of County Commissioners of Saint Lucie County, Florida, has made the following determinations: 2. Fairwinds Golf Course has maintained their current golfing fee schedule since September 2000. The 2005-2006 golfing fee schedule for the Saint Lucie County Fairwinds Golf Course is attached hereto and made a part hereof as Exhibit "A". 3. During the past five (5) years costs have dramatically increased which is requiring us to ask for an approximate average rate increase of ten percent (10%). The proposed fees are incorporated herein and made a part hereof as Exhibit "þ.;'. 4. Currently Fairwinds allows players in the Leagues to play at the Associate Resident Fee. In order that the privilege of golf is fair and acceptable to the residents and guests of Saint Lucie County, Fairwinds is currently proposing the only persons to receive this rate are those who qualify to receive the Associate Resident Players Card (see Exhibit "þ.;'). 5. Currently, Fairwinds pre-books tournaments and leagues, and frequently these groups fail to call when having fewer players than anticipated, resulting in a loss of revenues. In order to alleviate cancellations and no-shows on advance bookings of tee times, all groups who book tee times in advance e.g. leagues, tournaments, etc., are required to pre"pay for those tee times at the time of booking. Failure to cancel tee time within twelve (12) hours of advance booking may forfeit pre-paid monies. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Saint Lucie County, Florida: 1. The Rates and Fees Schedule for fiscal year 2005'2006 for the Saint Lucie County Fairwinds Golf Course is incorporated herein and made a part hereof as Exhibit "A". H:\AGENDAS 04-05\7-12-05-GOLF COURSE FEE INCREASE.DOC ~¡, ~ -."J 2. The only persons to receive the Associate Resident Fee are those who qualify to receive the Associate Resident Players Card described in Exhibit "A" attached hereto and made a part hereof. 3. All groups who book tee times in advance e.g. leagues, tournaments, etc., are required to pre-pay for those tee times at the time of booking. Failure to cancel tee time within twelve (12) hours of advance bookings may forfeit pre'paid monies. 4. The Rates and Fees Schedule attached hereto and as made a part hereof as Exhibit "A" shall continue in effect unless changed by subsequent Resolution of the Board of County Commissioners. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson XX Vice-Chairman Doug Coward XX Commissioner Paula A. Lewis XX Joseph E. Smith XX Chris Craft XX PASSED AND DULY ADOPTED THIS 12TH DAY OF JULY 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS SAINT LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY H:IAGENDAS 04-05\7-12-05-GOLI' COURSE FEE INCREASE DOC -. Ie 0= 0= M Q !'1 I. ... .c e ... ... c. ... Cf.J I M - - .¡: c. « '-' õ o Z N == .... "" '" ... ... ~ L1 ;¡¡ -g ~ ~ " 'tj <> '" .., " È .; Õ; <>:: ..: " -0 ¡¡ ~ '" <; -" ~ ": ~ .. .. ~ '" .. Q .. ... ... 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Ü ;¡ = .. a: 000 000 v\ovi r--""N ~¡¡: :t=. ;:ë .. - ... : .. :.0 : E : .. !::E u o .. .. <: ... RULES AND REGUJII.. ..lONS: ...", - 1. Dress code will be strictly enforced: Men: NO sleeveless or collarless shirts, NO short shorts, NO tank tops. Ladies: NO short shorts, NO tank tops. Spikeless shoes are mandatory. 2. NO coolers are permitted on the golf course. 3. EACH player must have their own complete set of golf clubs and golf bag. 4. Junior Golf Policy: Junior Golfers are welcome and must be between the ages of 7 and 17 years of age. An adult must accompany golfers under the age of 12. Junior Golfers MAY NOT operate a golf cart, and if they are not playing with an adult, they must adhere to normal walking hours. * Y oumust play at authorized times to receive a special junior discount * June-August (when school is out of session) Juniors are charged a $1.00 greens fee after 1:00 P.M. · August-June (when school is in session) Juniors are charged a $1.00 greens fee after 3:00 P.M. * AlJ other times, Juniors are charged the full playing rate. * Juniors Golfers under 7 years of age are allowed on the golf course with 24-hour advance permission from the Golf Professional NO EXCEPTIONS! · Junior "riders" ages 7-17, NOT playing golf, will be charged a cart fee. (THOSE UNDER THE AGE OF 7 ARE NOT PERMITTED TO RIDE ON GOLF CARTS AT ANY TIME). 5. Raincheck Policy: Fairwinds does NOT issue nine (9) or eighteen (IS) hole rainchecks. However, we will issue Rainchecks that have a monetary value. Credit will be given under the following circumstances: 18 HOLES: * 1-.'1 holes = full credit * 4-11 holes = half credit * 12 holes or more = No credit 9 HOLES: * 1-3 holes = full credit *4-9 holes = No credit To receive a Raincheck you must present your yellow receipt and scorecard. NO CASH REFUNDS WILL BE GIVEN. 6. Handicap Flag Policy: In order to receive a Handicap Flag you must produce written proof of disability. Those issued a Handicap Flag will need to adhere to the following rules: · Handicap flags will not be issued on "cart path only days" .. If two handicapped players are in a group, they must ride together. * Handicap Flags alJow the player to go beyond the standard golf course markers. .. Golf carts must be kept 30 ft. from greens, tees, and bunkers. · Handicap players must adhere to the gO-degree rule at all times. 7. No golfer is allowed to tee off # 10 hole without permission from the golf shop staff. 8. All players are required to check into the golf shop so minutes prior to their tee time. If you do not sign in, or call, within 15 minutes of your tee time your tee time may be lost 9. All players are required to check in with the starter 15 minutes prior to their tee time. 10. No golf clubs are allowed in the clubhouse. 11. Golf carts are not permitted in the parking lot. 12. Fairwinds will not be liable for lost or stolen articles. 13. If you do not have a tee time, or miss your tee time we will do everything possible to get you on the golf course. Fairwinds will not inconvenience other players by "squeezing in" play if there are no available openings. Be aware there is a risk oflightning strikes on this course. There are no procedures in effect to protect golfers from lightning strikes. You play at your own risk! Every person at Fairwinds will be treated like a VIP. Please report any violations. We are sorry, but we are not able to give any person or group special privileges. It is also up to each individual to learn the Policies, Rules and Regulations at Fairwinds. We will gladly discuss any policy with you. However, it must be by appointment. Staff is operating under the guidance of the Board of County Commission and Golf Course Management. Please refrain from any abusive confrontation with the golf staff. Any such individual may lose playing privileges. H:\AGENDAS 04-05\6-28-05-FAlRGROUNDS FLOORlNG.DOC .. ~ '...I PARKS & RECREATION DEPARTMENT FAIRWINDS GOLF COURSE MEMORANDUM TO: Board of County Commissioners FROM: Timothy Coolican, Golf Course Manager DATE: July 12, 2005 RE: Failwinds Golf Course Rate Increase At the regular meeting of the Recreation Advisory board of June 15, 2005, the Golf Course Manager requested the Advisory Board approve a rate increase through Resolution 05-261. The following chart is provided for your review to substantiate ilis request. WINTER FEES SUMMER FEES GOlF COURSE COUNTY January - April May - October 2005 2005 PGA Reserve St. Lucie $85 $32 PGAlPeter Dye Course St. Lucie $99 $29 St. Lucie West St. Lucie $75 $40 Gator Trace St. Lucie $46 $22 Indian Pines St. Lucie $38 $13 Indian Hills St. Lucie $45 $21 Eagle Marsh Martin $78 $39 Ballantre Martin $80 $34 Club Med St. Lucie $45 $22 Sandridge Indian River $44 $25 Fairwinds St. Lucie $42 $25 RATE ANALYSIS '1 "". '-' ...., AGENDA REQUEST ITEM NO: C-3C DATE: July 12, 2005 REGULAR PUBLIC HEARING CONSENT [ X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: ADAMS RANCH EQUESTRIAN ARENA SEAT NUMBERS BACKGROUND: The total number of Board-approved bleacher seats at the Adams Ranch Equestrian Arena stands at 4,396 seats. In an effort to easily identify the sections and facilitate ticket sales during scheduled events, it is imperative that a permanent markers and numbering system be installed. Staff's research during the past six month resulted in metal plate with embossed numbers that will be riveted in place. This agenda requests the Board of County Commissioners' approval to utilize $15,579.79 of the left-over monies from the Fairgrounds "water purification line" project approved in the FY04-05 budget (EQ05-101). The installation will be done by Seating Constructors USA, piggybacking off of State Contract 650-001-04-1. PREVIOUS ACTION: FUND WILL BE MADE AVAILABLE IN: 001-7420-563000-76550 Fairgrounds - Improvements O/T Bldgs RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the use of $15,579.79 from the left-over "water purification line" dollars to fund the addition of section markers and seat numbers, and authorize the Chairman to sign the contract as drafted by the County Attorney. COMMISSION ACTION: CONCURRENCE: [x] [ ] APPROVED DENIED OTHER: Approved 5-0 oug Anderson County Administrator County Attorney: Coordination/Signatures Manageme '..'&' Budget: ~purchas ing: Finance: (if applicable) Originating Dept: . '~ H:\AGENDAS 04-05\7-12-05-FAIRGROUJ\ S SEAT NUMBERS.DOC /' ~' \..0 /;,; lA.-'-~' ~ ,,/~ i ,~./i v I (~<1;{; ('IV c= ;;c;, ~ ,U.)i;~ Seating Constructors USA, Inc. 12315 62nd Street North, Unit D Largo, FL 33773 Ph. 727-539-1017 Fax: 727-539-1067 "wi QUOTE 71395LC r- Name Address City Phone Project St Lucie County Parks & Rec 2300 Virginia Avenue Ft Pierce State FL ~. 772-462-1940; 772-462-1518 QUOTE ~ ---- ZIP 34982-5662 TOTAL Qty Date Customer Rep FOB Description _ I Metal numberinQ seat identification I 7/8 inch x 1 15/16 inch (embossed) Installation I Note:Qua'ñtity :; - - - - - - - - - - - - - - - -- '540 letters on east & west side + 120 letters on north side + 4396 talal seats 5056 5056 ------------------------ Unit Price $2.05 'I $1.00 SubTotal Shipping & Handling TOTAL 6/22/2005 5t Lucie Co B. Medor St Lucie ~ Payment Details @ Due Upon Receipt o Net 15 o Net 30 Accepted By; Ph# $10,364.80 $5,056.00 $15,420.80 .. $158.99 $15,579.79 I Date Quote valid for 60 days from "Date" noted above Commitment to quality & customer satisfaction! .-,. \ "'" AGENDA REQUEST IT~O. ~A DATE: July 12, 2005 REGULAR [] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: St. Lucie County Sheriff's Office Toby Long Director of Finance SUBJECT: FEMA Trailer Camp Reimbursement BACKGROUND: The state and federal governments mandated twenty-four hour security at the FEMA trailer camp on Kings Highway in St. Lucie County. The security details began in December 2004 and ended June 17, 2005. The cost for this security was $217,807.60. These amounts were not anticipated in the budget approved in September 2004. As with other FEMA related expenditures, the Board has agreed to reimburse the Sheriff's Office for costs incurred. When FEMA and state reimbursement is received, the County will be repaid by the Sheriff's Office. The Sheriff requests a budget amendment in the amount of $217,808 and reimbursement in the same amount. FUNDS WILL BE AVAILABLE IN: 107-8191-599042-1902 Law Enforcement/F & F PREVIOUS ACTION: None RECOMMENDATION: Staff recommends approval of the Sheriff's budget amendment and transfer of funds in the amount of $217,808. [}(] APPROVED [ ] DENIED [ ] OTHER: D uglas Anderson County Administrator COMMISSION ACTION: county Attorney; 14// Review eod AP~" n¡J, Management & Budge 122 Other; Purchasing; Originating Dept. Other; Finance: (Check for Copy only. if applicable) Eff. 5/96 ;... ~btríff KEN J. MASCARA .,ø Telephone: (772) 462-3200 . Fax: (772) 489-5851 4700 West Midway Road· Fort Pierce, Florida 34981 June 23, 2005 ~~~~[Q> cc. '~c.e. t·~,~ J'f\t~ The Honorable Frannie Hutchinson, Chair St. Lucie Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear Chairwoman Hutchinson: The attached budget request is for security provided by the St. Lucie County Sheriffs Office for the FEMA trailer camp on Kings Highway. As you know, the State and FEMA mandated that there be twenty-four hour law enforcement security at the camp. When the County and the Sheriff first met with the FEMA security representative we were told to anticipate an eighteen month commitment. To everyone's surprise the detail has only lasted seven months. My staff has completed the request for reimbursement for the funds expended. As with other FEMA related expenditures not budgeted for by the sheriffs office, the County has agreed to advance reimbursement to us. When I receive payment from FEMA and the State I will, as I have in the past, immediately repay the County for the advanced funds. I want to again thank the Board for having the foresight to secure funding to handle these emergency situations. ds attachment -. '-" ...", .- OJ 0 r-.. N CO '" 0 r-. ~ v ~ r-.. 0 v (0 0 0 ,...: N -<i cO M ,...: OJ C') CO (0 r-.. r-.. CO 0 OJ "'- CO ..- '" OJ ..- CO ~ N- '" ri C')- ~ ai ci r-.." N '" '" '" t") t") N ..- 0 N I- 0 0 0 0 0 0 0 0 0 0 0 It) 0 0 0 It) Q) N N 0 N cO oi <å oi (0 OJ CO '" (0 0 r-.. ..- 0 co "'" V N It) 0 It) ..- 1: ~ r-. r-.- ,..: r-..- ",," V· as ~ V 0- (0 t") It) CO It) r-. ..- V E C') ~ N CO CO ~ ~ r-.. 0 ,...: ..- M -<i cO It) ..- N u 0 0 N 0 t") N ... ..- II) r-. o. C!. o. o. N_ (0 (0 '- (0- Q) ..- ..- ... .- :,£ '- 0 3: E C") C') CO r-.. .- (0 r-.. It) V '<I: N '" ..- '" ~ ~ Q) N r-. ,...: 0 -<i cO It) It) E It) V N (0 CO 0 It) '" Q V (0 r-.. (0 r-.. CO 0 ..- .!:: Ñ ri ri C')- ri ri Ñ ri & N Q) t") 0 CO N (0 V N V '- ~ M (0 V 0 M M r-.. ro .- Iri -<i <å <å oi -<i ,...: (,) 0 CIO OJ CO "" V r-.. CO 'õ N N N N N C") ..- ~ Q) :ï: ..- N .- r-. 0 0 ..- '" V ..- V ..- r-.. ..- "': N V N 0 ,...: ..t <å M .n oi « to N V N (0 OJ V It) Ü CO "'- "'- N. "'- v. r-.. 0 ¡¡: ..- ..- ..- ..- ..- as CO N N 0 0 ..- 0 C') ... ..- q CIO ~ .- """: "" Iri -<i It) M ..- N N 0 CIO ..- It) N "" N "" I OJ (0 .- r-.. V 0 0 "" ri ai ci ai 0 v" Ñ ai .- ... N ..- N N ..- N ro ..- a. N N 0 It) CO "" (0 0 V r-.. CO ,...: CIO ..- ..- V (0 (0 to CO V 1.0 II) -<i II) (0 '- r-.. :J M 0 v· :r: ~ .¡: :J (,) Q) (J) 0- Q) E C6 ro ro 0 Ü C OJ ü: '- C ~ .- V LO LO It) 1.0 LO 1.0 -ëij "00 0 0 0 0 0 0 '- Co 0 0 0 0 0 0 I- WN N N £::! N ~ N = -- -- ¡;:; ~ ¡;:; « 0"- 0 r-.. :ï: ~~ M N N ~ ..- -- -- M ;¡ ¡¡s w ..- N LL a...- 1 .~ , '*" ITEM NO. #4B AGENDA REOUEST DATE: July 12, 2()()5 REGULAR [ ] PUBLIC BEARING [ ] CONSENT [ X ] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: William R. Simon PRESENTED BY: SheriIT's Office SUBJECT: FDLE - Livescan Workstation Grant Application - Request to Apply BACKGROUND: The St. Lucie County SheriIT's Office has been given the opportunity to apply for a Florida Department of Law Enforcement - Livescan Workstation Grant. This grant wiJI provide 100% funding ($38,431) to purchase a Motorola Livescan LSS2000 Workstation. Persons arrested will be fingerprinted on this equipment and the data will then be submitted electronically to the Florida Department of Law Enforcement (FDLE) for inclusion in the state's Computerized Criminal History me. The result is that the SheriIT's Office will be able to positively identify the subject arrested and FDLE will be able to maintain complete and accurate criminal history data for arrests occurring in St. Lucie County. This data is used by criminal justice and non-criminal justice agencies on a daily basis to make decisions. FUNDS AVAILABLE: Federal Award: $28,823 Matching funds provided by FDLE: $9,608 PREVIOUS ACTION: None RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the SheriIT's Office request to apply and also to accept the Florida Department of Law Enforcement's Livescan Workstation Grant and authorize the Chairperson to sign the required documents. COMMISSION ACTION: [X] APPROVED [] DENŒD [ ] OTIIER: é 7NCE Douglas M. Anderson County Administrator County Attorney:xx ~ Coordination/Signatures Management & BUdget..Ji!ll' _rchasing: Originating Dept: Public Works: Other: Finance: (Check for Copy only, ¡fapplicable) " . ;::; . f"þ5 ~ LsU D t~ ¡ììl Job__ JJ 29m] Charlie Crist, Attomey GenetaI Tom Gallagher, Chief Finsncia/ Officer Charles H. Bronson, Commissioner of Agriculture , '-" FDLE Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 (850)410-7001 www.fdle.stale.fI.us Guy M. Tunnell Commissioner June 27, 2005 Honorable Ken J. Mascara St. Lucie County Sheriffs Office 4700 West Midway oad Fort Pierce, Flori 981-4825 Dear SheriffMasc As you are aware, Florida Department of Law Enforcement (FDLE) administers the Byrne Program, a federal grant program designed to prevent and control crime, violence and drug abuse and to improve criminal justice systems. Each year, Byrne grant funds that are not expended by the sub-grantee during the grant period are returned to FDLE. For the past two years, FDLE, as the state administering agency, has worked in conjunctionwith the Florida Police Chiefs Association (FPCA) and the Florida Sheriffs Association (FSA) to a110cate these residual funds in a manner that is equitable and addresses a statewide priority. In 2003 and 2004, Florida's Chiefs and Sheriffs opted to use the Byrne residual funding to replace outdated alcohol breath test equipment in each judicial circuit. I am pleased to report that 289 new Intoxilyzer 8000 machines and 236 printers were purchased and distributed throughout the state from this funding. Earlier this year, FDLE again worked through the FSA and the FPCA to identify how this year's residual Byrne do11ars could be awarded in the most beneficial way possible. The FSA and FPCA requested that FDLE utilize these funds to replace LSS 2000 Printrak (livescan) machines. \ J / FDLE has developed a multi-year implementation schedule that considers only those counties that depend exclusively on MotorolalPrintrak LSS 2000 machines. Those counties with a population of less than 100,000 will be considered first, with priority given based on the highest average volume of livescan transactions. This approach will help ensure that all counties have the benefit of the new Integrated Criminal History System (FALCON) capabilities, giving assistance to those sma11er counties with fiscal constraints. I write to you today to extend the opportunity to your county to receive $38,400 to purchase livescanequipment. (T4e grant wiH provide $28;800 and.FDLE will provide the required match . . ,. portion of $9,600). - As these dollars must be awarded'diiectly to local' governments, i,twillbe necessary for your county commission to establish itself as the sub-grantee, with the Sheriffs Office serving as the implementing agency. In order to confinn your interest in receiving these Committed to Service . Integrity . Respect . Quality ~ f'" ~ ¡), C,;!' .. ð' . - Sheriff Mascara June 27,2005 Page 2 funds for this purpose and begin the process of obtaining them, Iwo1ild ask that you contact either Bureau Chief Jeff Long (850-410-7978) or Gerald Brooks (850-410-7982) as soon as possible, and provide the name of the individual in your office that will be responsible for completing the grant application. FDLE will subsequently provide your agency with a "template" to help simplify and expedite the administrative requirements of the grant application process. These funds must be expended by August 30, 2006. In order for the livescan equipment purchased to be compatible ~th both the current,,~~S. / system and the fume FALCONsystem¡ w-e recommemtyou consider'tire Mßtom~ bSS3000. This equipment wilJ also provide palm print collection capability, a new feature that will be included in the FALCON system. The cost of the LSS3000 includes installation and a one-year warranty. FDLE is currently pursuing a revised state contract for livescan equipment purchases, and when additional Byrne residual funds become available in 2006 and 2007, it is expected that agencies will have more flexibility concerning the purchase of livescan equipment from other vendors. Weare pleased to partner with Florida's law enforcement community to secure this critical public safety teclmology. Should you have any questions regarding this, please contact me, or Bureau Chi fJeffLong, at 850-410-7980. GMT Ihfs cc: Honorable Frannie Hutchenson, County Commission Chairman UJ~p.Þ (Š¿ùl'v>eí t?S"'ø- '1/0 -í/JJ .; Application for Funding Assistance < Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Proœram 110.. -~ St. LUCIE COUNTY SHERIFF'S OFFICE LIVESCAN WORKSTATION GRANT APPLICATION 2005-2006 FDtE Bvrne Fonnulll Grant AppßcatJon Pllcbge Grant ApplIcation c:-flr.... " _ Q!SI'IA ., Ío.. - ....~ Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Prollram Please read instructions before completing this application. · The term "Departmenf', unless otherwise stated, refers to the Department of Law Enforcement · The term "OCJG" refers to the OffICe of Criminal Justice Grants. · The term "subgrant recipienf' or 'subgrantee' refers to the goveming body of a city, county, state agency, or an Indian Tribe that performs criminal justice functions as determined by the U.S. Secretary of the Interior. · The term "Implementing agency" is a subordinate agency of a city, county, state agency, or Indian Tribe, or an agency under the direction of an elected official (for example, Sheriff or Clerk of the Court). It may also be an entity eligible to be a subgrantee (ex. City of Live Oak) · Instructions are incorporated in this document by reference. A. Su rant Data 1. This section to be completed by Subgrantee Continuation of Previous Subgrant? Yes X No If Yes, enter CJ Contract # of Previous Su bgrant SFY 2004 CJ Contract ## OCJG CFDA ##: 16.579 SFY 2005 CJ Contract ## 2005 - CJ - _ - _ - _ - _ -_ B. Name of Subgrant Recipient: Sl Lucie County Board of Cammissioners County Name of Chief Elected Official I State Agency Head: Frannie Hutchinson Title: Chairperson Sl Lucie Area Code I Phone # 2 462-1451 Address: 2300 Virginia Avenue City, County, State, Zip Code: Fort Pierce, Sl Lucie County, Florida, 34982-5652 E-mail Address:liZ@Co.st-lucie.fl.us 2. Chief Financial OffICer of Su rant Reci ¡ent Su Name of Chief Financial Officer. Christiann Hartley Area Code I Fax # (772 462-2131 Title: Finance Director County St. Lucie City, County, State, Zip Code: Fort Pierce, Sl Lucie County, Florida, 34982-5652 Area Code I Phone # 72 462-1867 SUN COM # Address: 2300 Virginia Avenue Area Code I Fax # 772 462-2117 E-mail Address: holts@stlucieco.gov Name of Implementing Agency: Sl Lucie Caunty Sheriff's Office Name of Chief Executive Official I State Agency Head I Subgrantee representative (if a subordinate agency of the sUbgrant recipient): Ken J. Mascara County Title: Sheriff Sl Lucie City, County, State, Zip Code: Fart Pierce, Sl Lucie Caunty, Florida, 34981 Area Code I Phone # 2 462-7300 SUNCOM # Address: 4700 W. Midway Road E-mail Address:kmascara@stluciesheriff.com Area Code I Fax # 72 489-5851 FDLE Byrne Formula Grant AppllcatJon PacI!IIge Grant Application ~ftll_DtIo,..oD? "'- ..~ Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Procaram ..... 4. Project Director Name of Project Director: County (Implementing Agency Employee) John Hammond Title: Informatian Technology Manager Sl Lucie Address: 4700 W. Midway Road Area Code I Phone # 1772} 462-3278 City, County, State, Zip Code: Fort Pien:e, Sl Lucie County, Florida, 34981 SUNCO,,", # E-mail Address: hammondj@stluciesheriff.com Area Code ( Fax # m2} 462-3275 5. Contact Person Name of Contact Person: County (if other than Project Director) Title: Address: Area Code I Phone # City, County, State, Zip Code: SUNCOM # E-mail Address: Area Code I Fax # 6. Person ReSDOnsible Far Financial ReDOrtina lif known} Name: William R Simon County Title: Grant Programs Administrator Sl Lucie Address: 4700 W. Midway Road Area Code I Phone # 1772} 462-3359 City, County, State, Zip Code:: Fort Pierce, Sl Lucie County, Florida, 34981 SUNCOM # E-mail Address: wsimon@stluciesheriff.com Area Code I Fax # (772) 462-3275 7. Person ResDOnsible For Proarammatic Performance Repartina lif known} Name: : John Hammond Caunty Title: Information Technology Manager Sl Lucie Address: : 4700 W. Midway Road Area Code I Phone # m2} 462-3278 City, County, State, Zip Code: Fort Pierce, Sl Lucie County, Flarida, 34981 SUNCOM # E-mail Address: hammandj@stluciesheriff.com Area Code I Fax # (772) 462-3275 8. Service Provider Contact Person Name: County Title: Address: Area Code I Phone # City, County, State, Zip Code: SUNCOM # E-mail Address: Area Code I Fax # FDLE B /mQ Fonnula Glilnt Application Package Glilnt ApplIcation C'_tmn ,,_ Ø~U''tA ~ I. ~ .J - Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Proaram C. Administrative Data 1. Project Title: Criminal History Record Improvement 2. Identify the year of the project (I, II, III, etc.) 3. Project period I Start: September 1, 2005 I End: August 31, 2006 D. Fiscal Data Remit Warrant to: (This may only be either the individual listed in 82 (Subgrantee CFO) or a designee in their office. If B2 is selected, do not reenter the contact information. This is onlv needed for desianee. 82 XXXX OR DESIGNEE Name: Title: Address: City, State, Zip Phone Number: 2. Is the subgrantee participating in the State of Florida Comptroller's Office electronic transfer Droaram? (Reimbursement cannot be remitted to any entity other than the subgrantee.) Yes X No 3. Frequency of Fiscal Reporting: Monthly_ Quarterly XXXX 4. Subgrant Recipient FEID #: 596000835 5. State Agency SAMAS #: Not applicable 6. Project Generated Income (PGI): Will the project eam PGI? (See Section G, Item 9.) Yes_ No XXXX 7. Cash Advance: Will you request an advance? Yes_ Amount No If yes, a letter of request must be submitted with the application or prior to submission of the first claim for reimbursement. Amount requested must be justified and accepted by FDLE. FDLE Byrne Fonnula Grant Application Par:klIge Grant APplication ~_t",," II M t:>Ol"fl!l A I.. - ,J - Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Fonnula Grant ProQram E. Project Narrative 1. Problem Identification: Briefly describe a specific problem to be addressed with subgrant funds in terms of Problem Description, Problem Significance and Needs Assessment, as described in the application instructions. Continue narrative on a second page if necessary. Do not exceed two pages. Use a readable size font, Der instructions. The 81. Lucie County Sheriff's Office will purchase one Livescan workstation. Persons arrested will be fingerprinted on this equipment and the data will then be submitted to the Florida Department of Law Enforcement (FDLE) electronically for inclusion in the state's Computerized Criminal History file. The resuh is that the Sheriff's Office will be able to positively identify the subject arrested and FDLE will be able to maintain complete and accurate crimina1 history data for arrests occurring in St. Lucie County. This data is used by criminal justice and non-criminal justice agencies on a daily basis to make decisions. FDLE B~e Fonnula Grant Application Package Grant Application Q"""'"n ,,_ Ps:.,..ð .r.; I. . .J. Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Program 2. Project Description: Briefly describe proposed project activities. Refer to Appendix II, Part 1, Pages 1-3 for a description of eligible project areas). You should include project goals, administration, enhancemenUexpansion, staff, service providers, clients or other participants, equipment, location, and expected project results, as described in the application instructions This section should address the basic points of who, what, when, where, and how. Continue on additional a es if necessa ; do not exceed three a es. Funds obtained from this grant application will be used to purchase one Livescan workstation. FDLE and the Sheriffs Office have agreed to the following Memorandum of Understanding (MOU) regarding this project. Memorandum of Understanding This agreement between the Florida Department of Law Enforcement (FDLE) and the S1. Lucie County Sheriffs Office (Local Agency) establishes relationships for the initiation and continued operation of information systems supporting electronic capture and transmission of arrest data and criminal fingerprint images. FDLE shall: · Coordinate installation of one Live Scan Workstation to be purchased by the Local Agency and placed in Local Agency's facilities. · Provide frame relay network access between FDLE and the equipment provided under this MOU. · Provide or arrange training on the use of the installed equipment. · Provide written operating guidelines for accessing state databases using the equipment provided by FDLE. · Operate and maintain a database of tenprint records and unsolved latent prints accessible 24 hours per day, seven days per week. · Coordinate installation of FDLE or vendor initiated software upgrades for installed equipment to ensure continued interface with state databases. · Provide certification training of operators when necessary. · Provide on-site assistance to the local agency for maximizing effectiveness in operating equipment used for capture and transmission of fingerprint and arrest data. · Search new arrest fingerprints against unsolved latent data and notify contributing agency of positive identifications. FDLE Byrne Formula Grant Application Pac/Ulge Grant Application t:..,.H,.." II _ DD,..A Q i. - , 1 Application for Funding Assistance Floñda Deparbnent of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Fonnula Grant ProClram · Provide certified fingerprint analysts at FDLE to support tenprint search and identification 24 hours per day, seven days per week. · Establish operating priorities and policies that maximize the effective use of this technology to users statewide. · Plan for future growth to ensure continued operation of this support function. Local Agency shall: · Purchase required equipment. · Immediately identify a project officer to coordinate activities relating to this MOU. · Establish a mutually agreeable schedule for equipment delivery and transition to electronic transmission of arrest and fingerprint data to FDLE. · Fund for and complete any necessary local facility modifications (e.g., power or local communications wiring) that may be required to properly house and operate the equipment provided by FDLE. · Budget for and assume maintenance responsibility for equipment. · Complete fingerprint and arrest information for timely electronic transmission to FDLE in the format specified by the National Institute for Standards and Technology (NIST) to include the Type 2 record definition supplied by FDLE. · Comply with Offender Based Tracking System (OBTS) numbering for ten print submissions as defined by FDLE. · Adhere to FDLE's policies and procedures regarding certified operators for FCIC and tenprint operations. · Comply with FDLE operational guidelines for accessing the state database. · Set a yearly goalto submit 100% of all fingerprint records processed within county. FOLE Byrne Formula Gnmt Application Paclulgø Glllllt Application ~~,.ft ". D,,... 7 í.. - "- ~ Application for Funding Assistance Florida Department of Law Enforcement Edward Bvme Memorial State and Local Law Enforcement Assistance Formula Grant Pro!lram 3. ProQram Obiectives and Peñormance Measures: Up to three types of objectives may be included in this section of your subgrant application, Le., Uniform Objectives, Project-Specific Objectives and Self-Generated Objectives. If you are proposing a project in one of the Authorized Program Areas with no Uniform Objectives, contact FDLE, Office of Criminal Justice Grants, at (850) 410- 8700 for further uidance. Continue on a second a e if necessa . a. List the number and title of the Program Area to be addressed. Refer to Appendix II, Part II, for a listing of authorized program areas. (Select only 1 Program Area) 15C (#) Criminal Justice Records Improvement (Title) b. List Uniform Objectives first, followed by any other appropriate objectives you may wish to address. If additional objectives are included, please identify whether they are Project Specific or Self-Generated Objectives. Uniform and Project Specific Objectives form the basis for collection of data and quarterly performance reporting. Uniform Obiectives (Mandatory, copy as worded for the program area addressed and include all appropriate questions. Include Objectives from only 1 program area, Objectives from a different program area could be included as Project Specific Objectives). Implement and upgrade Automated Fingerprint Identiñca1ion Systems (AFIS) and purchase supporting livescan equipment. (Reference: Action Step 5 in the CJRI Plan.} Part 1-During this reporting period, did you order AFIS equipment? Please describe in the report narrative. 15C.10 Part 2- During this reporting period, did you install and test equipment? Please describe in YIN the report narrative. Part 3-During this reporting period, did AFIS equipment become operational? Please describe in the report narrative. In this narrative, please also indicate how manyfingerpñnts ou rocessed usin AFIS e ui ment durin this eñod. FDLE Byrne Formula Grant Appl1cat1on PI/CIUIge Grl/nt APplication ~lft"' ,,_ Os...o A Application for Funding Assistance Florida Department of Law Enforcement Edward B me Memorial State and Local Law Enforcement Assistance Formula Grant Pr ram 4. Activity Implementation Schedule. Complete the Activity Implementation Schedule showing when activities in the Program Description will commence and how the project will progress. This chart benchmarks planned activities, both administrative and programmatic. An "X· has been inserted for reports with mandatory due dates for all projects. Place an additional "X· to indicate times applicable to your project, as illustrated for quarterty program reports. Make a detailed listing of key activities under the heading "Programmatic Activities." Your Quarterly Performance Reoorts will be reviewed against this schedule. Subarant Period (September 1, 2005-August 31, 2006) Administrative Activities ACTIVITY Sect Oct Nov Dec Jan Feb Mar April May Jun Julv Aua Submit Financial Reimbursement X X X X Requests Submit Financial Closeout Package X (06) X X X Submit Quarterly Program Reports (05 & (06) (06) X (06) ·nR\ Submit Quarterly PGI Reports (If applicable) Programmatic Activities (Continue on a second page if necessary.) Be sure to include activities mentioned in the Project Description ACTIVITY SEP OCT NOV DEC JAN FEB MAR APR MAY JUNE JULY AUG . 15C.10 Implement and upgrade Automated Fingerprint Identification X X X X X X X X X X X X System (AFIS) and purchase supporting livescan equipment FDLE Byrne Fonnula Grant Application Package Grant APptlcatlon e-......*I...... 11_ Q=w'ICI 0 Application for Funding Assistance Florida Department of Law Enforcement Edward B me Memorial State and Local Law Enforcement Assistance FonnuJa Grant Pro nm a. The Project Budget Schedule includes five Budget Categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay, and Indirect Costs) and Total Project Costs. Total Local Match must be a minimum of 25% of the Total Budget. b. Enter the amount offederal, matching, and total funds by budget category that you will use to support project activities. Enter dollar amounts only in applicable categories based on totals from the Budget Narrative and leave others blank. Total Local Match must be a minimum of 25 percent of the Total Budget. c. Show all figures rounded to the next highest dollar; do not include cents. (Example $4,505.25 as $4,506). Type or Print Dollar Amounts Only in Applicable Categories and Leave others Blank. Budget Category Federal Match Salaries And Benefits NONE NONE Contractual Services NONE NONE Expenses NONE NONE Operating Capital Outlay $28,823 $9,608* Indirect Costs NONE Totals $28,823 $9,608 NOTE: FDLE will provide the matching funds for this application. FDLE BI/RI8 Formul. Glilnt Application Package Total NONE NONE NONE $38,431 NONE $38,431 Glilnt Application C:_"lAn " _ 0.". "In \..t ...",; Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Prooram 2. Bud et Narrative a. The Project Budget Narrative may reflect costs in any of the five budget categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay (OCO) , Indirect Costs). The Total Project Costs should be included. b. You must describe the line items for each applicable budget category for which you are requesting subgrant funding. Provide sufficient detail to show cost relationships to project activities. Reimbursements will only be made for items clearly identified in the budget narrative. c. Costs must not be allocated or included as a cost to any other federally financed program. Budget Narrative: Salaries and Benefits: NONE Contractual Services NONE Expenses: NONE Operating Capital Outlay: $38,431 The St. Lucie County SheritT's Office will purchase one Livescan Workstation, at a cost not to exceed $38,431. Indirect Costs: NONE TOTAL: $ 38,431 FDLE Byrne Formula Grant AppllClltJon Paclalge Grant Application ~ I ....., Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Prog "8m G. Conditions of Acceptance and Agreement Conditions of agreement requiring compliance by units of local govemment (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditiDns will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 16 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S, Department of Justice, Office of Justice Programs (OJP) Financial Guide and Byrne Program Guidance as well as Florida laws and regulations including the Florida Administrative Code Chapter 11 D-9, Edward Byrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Program. Further, the Subgrant Recipient agrees to comply with all Federal statutes, regulations, policies, guidelines and requirements, including OMS Circulars A-21 , A.110, A-102, A-122, A-133, A-87, as applicable; E.O. 12372 and Unifonn Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common Rule and Part 67, Drug-free Workplace. 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State And Local Govemments and federal OM8 Circular A-S7, "Cost Principles for State. Local and Indian Tribal Governments", or OMS Circular A-21 , "Cost Principles for Educational Institutions". b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMS Circular A- 110, or OMS Circular A-1 02, and Florida law to be eligible for reimbursement. 3. Reports a. Project Perfonnance Reports (1) Reporting Time Frames: The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in sanctions, as specified in item 16, Performance of Agreement Provisions. (2) Report Contents: Performance reports must include both required sections, the quantitative response On response to specific objectives and measures) and the qualitative narrative. The narrative must reflect on accomplishments for the quarter, incorporate specific items specified for inclusion in performance measures, and also identify problems with project implementation and address actions being taken to resolve the problems. Other Reports: The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. FDLE B~e Formula Grant Application Package Grant Application '-' ....,,¡ Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Proaram b. Financial Reports (1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Monthly Project Expenditure Reports (1-11) are due thirty-one (31) days after the end of the reporting period. Quarterly Project Expenditure Reports (1-3) are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Financial Claim Reports shall be submitted. A final Project Expenditure Report and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to the Department within forty-five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final". (2) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCGJ). A subgrant recipient shall submit either monthly or quarterly project expenditures in order to report current project costs. Reports are to be submitted even when no reimbursement is being requested. (3) All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit. (4) Before the "final" project expenditure request will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (5) The subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department by February 1, May 1 , August 1, and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (See Item 9, Program Income.) c. Other Reports The subgrant recipient shall submit other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to OJP Financial Guide (as amended), U.S. Department of Justice Common Rule for State and Local Governments, and federal Office of Management and Budgefs (OM B) Circulars A-21 , A-87, and A-11 0, or A-1 02 as applicable, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the sUbgrant recipient. 5. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation ofthe State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. FDLE Bvme Fonnula Grant Application Package Grant Application - . \w- ...; Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Proaram 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project according to Section 216.181 (16)(b), Florida Statutes, the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the Department. This request, shall be either enclosed with the subgrant application or submitted to the Department prior to the first request for reimbursement. Justification should address a 30160/90-clay need for cash based on the budgeted activities for the period. 8. Travel and Training a. All travel expenses relating to field trips with youth requires written approval of the Department prior to commencement of actual travel. b. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. c. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. 9. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206 - Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management Improvement Fund). 10. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 11. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments orthe federal OMS Circular A-110 or A-102, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. FDLE B\Ir7Ie Formula Grant Application Package Grant Application '-' .4 ....., Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Program 12. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is govemed by the terms of the OJP Financial Guide (as amende<J), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMS Circular A-11 0 or A-102, as applicable. 13. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or sUbaward, and b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 14. Publication or Printing of Reports The subgrant recipient shall submit one copy of all reports and proposed publications resulting from the agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by grant funds awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the aUÖ10r and do not necessarily represent the official position or policies of the U.S. Department of Justice." 15. Audit a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be peñormed in accordance with the federal OMS Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the Florida Auditor General. b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and managemenfs written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant OPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the FDLE Bf"'e Formula Grant Application Package Grant Application \.t 'wi Application for Funding Assistance Floñda Department of Law Enforcement Edward Byme Memorial State and Local Law Enforcement Assistance Formula Grant Proaram Department. or its designee, upon request for a period ofthree (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM Circular A-133 for that fiscal year. In this case, written notification, which can be in the form of the ·Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed atler such closeout. h. The completed audit report or notification of non-applicability should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 16. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 17. Commencement of Project a. If a project has not begun within sixty (60) days atler acceptance of the subgrant award, the subgrant recipient shall send a letter to the Department indicating steps to initiate the project, reason for delay and request a revised project starting date. b. If a project has not begun within ninety (90) days atler acceptance of the subgrant award, the subgrant recipient shall send another letter to the Department, again explaining the reason for delay and request another revised project starting date. c. Upon receipt of the ninety (90) day letter, the Department shall determine ifthe reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date ofthe project past the ninety (90) day period, but only by formal written amendment to this agreement. 18. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence ofthe subgrant recipient. Such causes include, but are notlimited to, acts of God or of the public enemy, acts of the government in either its sovereign FDLE Byrne Formula Grant Application Package Grant Application '-" .....; Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial state and Local Law Enforcement Assistance Fonnula Grant Prooram or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and 'lllithout fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 19. Written Approval of Changes in this Approved Agreement Subgrant recipients shall obtain approval from the Department for major substantive changes. These include, but are not limited to: a. Changes in project activities, target populations, service providers, implementation schedules, designs or research plans set forth in the approved agreement; b. BUdget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget item; or, c. Transfers of funds above the ten (10) percent cap shall be made only if a revised bUdget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, i.e., increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.) d. Under no circumstances can transfers of funds increase the total bUdgeted award. 20. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concemed parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120. Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. FDLE Byrne Formula Grant AppOcatlon Package Grant Applfcatlon \..or ..,J Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Proaram 21. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At anytime, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege of visiting the project site to monitor, inspect and assess work peñormed under this agreement. 22. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the OJP Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materia Is subject to provisions of Chapter 119, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement. 23. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 24. Signature Authority The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative, who sign the Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source and the ADP Justification forms. The Project Director has authority to submit requests for approval of specific travel, and Peñormance Reports, with the exception of the Financial and Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 25. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for himlher, the chief officer or elected official must submit to the Department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 26. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 27. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable FDLE Bvme Formula GTllnt Application Package Grant Application \.t ..,; Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Proaram adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F.S., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcementfor any costs incurred by it in the processing of the fingerprints. 28. Drug Court Projects a. A Drug Court Project funded by the Byrne Grant Program must contain the 10 key elements outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700. b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow- up data on criminal recidMsm and drug use relapse of program participation. The data collected must be available to U.S. DOJ and FDLE upon request. 29. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 30. Criminal Intelligence System a. The purpose of the federal regulation published in 28 CFR Part 23 - CriminallnteUigence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Stree1sActof 1968,42 U.S.C. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional rights of indMduals. b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and com ply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the FOLE Byrne Fonnula Grant ApplIcation Package Grant Application \w ,...., Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Fonnula Grant ProGram Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement. c. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The Department's approval of the subgrant recipient agreement does not constitute approval ofthe subgrant-funded development or operation of a criminal intelligence system. 31. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds. The signed certification must be submitted at the time of grant application. 32. Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of the CMI Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non-Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. b. The subgrant recipient and the implementing agency agree to certify thatthey either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have notformulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). c. Any subgrant recipient or implementing agency receMng a single grant award for $500,000 or more OR an aggregate of grant awards for $1,000,000 or more during any 18 month period in federal funds, must have approval oflts EEO Plan by the U.S. DOJ, Office for CMI Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approval. The submission shall be in both paper copy and electronic format. If the U.S. DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted. d. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, FDLE Byrne Formula Grant ApplIcation Package Grant ApplIcation .' \w' ."" Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Proqram sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 33. Americans with Disabilities Act Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title 0, state and local government services and transportation (Title II), public accommodations (Titie III), and telecommunications (Title IV). 34. Immigration and Nationality Act No public funds will intentionally be awarded 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 ("INA"). 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 subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 35. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 1 OO-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. 36. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. 37. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" FDLE Byrne Fonnula Grant Application Package Grant Appl/caUon \w ..,.I. Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Fonnula Grant ProGram and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, TItle 31, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federally appropriated funds have been paid or shall be paid 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 the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. (2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence 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 undersigned shall complete and submit the standard form, Disclosure of Lobbvino Activities, according to its instructions. (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 38. State Restrictions on Lobbying In addition to the provisions contained in Item 38, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 39. "Pay -to-Stay" Funds from this award may not be used to operate a ·pay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate ·pay-to-stay" programs. ·Local jail", as referencèd in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. ·Pay-to-stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 40. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessmentJimpact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrantee agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure FDLE Bvme Fonnula Grant AppllCIIUon Package Grant Application '-' .",. Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Pro~ram of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrantee understands and agrees that any program or initiative invoMng the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors ofthe site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest. Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrantee understands that it may implementthese protective measures direcUythrough the use ofits own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. 1. Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure or closure if of clandestine methamphetamine laboratories; 2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or closure of clandestine methamphetamine laboratories; 3. As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; 4. Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; 5. Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; 6. Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; 7. Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance; 8. Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environ mental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (N) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing state and Federal requirements; and 9. Included among the personnel involved in seizing of clandestine methamphetamine FDLE Byrne Formula Grant Application Package Grant Application '-' -..I Application for Funding Assistance Florida Department of Law Enforcement Edward Bvme Memorial State and Local Law Enforcement Assistance Fonnula Grant Pro!lram laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any offender(s)' children or other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations or health care. 41. Limited English Proficiency National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that lEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance to assist agencies to comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov, or by contacting OJP's Office for Civil Rights at (202) 307-0690, or by writing to the following address: Office for Civil Rights Office of Justice Programs U.S. Department of Justice 810 Seventh Street NW, Eighth Floor Washington, DC 20531 42. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.l. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 43. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to: (a) have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken; (b) conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 44. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 45. Flood Disaster Protection Act The subgrantee will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 46. National Historic Preservation Act The subgrantee will assistthe Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological FDLE Bvme Formula Gfðnt Application Package Gfðnt Application \w ~ Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Proaram and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Department of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 47. Omnibus Crime Control and Safe Streets Act The subgrantee will comply and assure the compliance of all contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the provisions of the current edition of the Office of Justice Program Financial and Administrative Guide for Grants, M71 00.1; and all other applicable State and Federal laws, orders, circulars, or regulations. 48. Public Safety Officers' Health Benefrts Provision The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations ActlPub. L. No.1 07-77) and agrees to remain in compDance during the life of the grant. This provision requires that the unit of local government which employs a public safety officer (as defined by Section 1204 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 8S amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while employed by the jurisdiction. If the recipient demonstrates noncompliance during the life of the grant, 10 percent of the award amount must be returned to the grantor. FDLE Byme Formula Grant AppllcatJOII Package Grant APlJ/fcaUOII '-' ..,.¡ Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Prognm SUBGRANTEE CERTIFICA nON I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . . . (Select one of the following): x Meets Act Criteria Does not meet Act Criteria I affinn that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, it must fonnulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affinn that the Subgrant Recipient. . . (Select one of the following): _X_Has a Current EEO Plan Does Not Have a Current EEO Plan Has included a copy of the current approval letter from the US DOJ I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Signature of Subgrantee Authorized Official Type Name: Frannie Hutchinson Title: Chairperson Subgrant Recipient: St Lucie County Board of Commissioners Date: FDLE Byrne Formula Grant Application Package Grant Application '-' ..",J Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Prognm IMPLEMENTING AGENCY CERTIFICATION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, thatthis Implementing Agency .. .(Select one of the following) : x Meets Act Criteria _Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Implementing Agency meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Implementing Agency. . . (Select one of the following): x Has a Current EEO Plan Does Not Have a Current EEO Plan Is Included in the EEO Plan of the Subgrant Recipient. Has included a copy of the current approval letter from the US DOJ I further affirm that if the Implementing Agency meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for federal ass' tance is approved or face loss of federal funds. Name of Subgrant Recipient: St. Lucie County Board of Commissioners Name of Implementing Agency: St. Lucie County Sheriffs Office Title: Sheriff Date: ~~~ / FaLE Bvrne Fonnula Grant AppllcaUon Package Gram App/fCBtJon ~ ...., Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Fonnula Grant PrOGram . H. Signature Page In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteaut, etc. are not acceptable. Signature: Typed Name and Title: Clayton H. Wilder. CommunitY Proaram Administrator Date: Typed Name of Subgrant Recipient: Sl Lucie County Board of Commissioners Signature: Typed Name and Title: Frannie Hutchinson. Chairoerson Date: . Sl Lucie County Sheriff's Office Signature: Ken J. Mascara. Sheriff Date: t:nl F R,,",IØ ~nrm"':t t;rant A nnllr.""nn P:Jr.It:lt'Ui nNlnt AnnJlratfnn \w' """ . Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial state and Local Law Enforcement Assistance Formula Grant Proaram SEND THE COMPLETED APPLICATION TO: Florida Department of Law Enforcement Office of Criminal Justice Grants P.O. Box 1489 Tallahassee, Fla. 32302 r:nl F Rum" Fnnn..la Ar:mt Annllr.lttlnn P~kSln.. t::r:Jnt A nnllr.:atlnn · \w Florida State Identification Systems Program """'" Florida Department of Community Affairs EEO Program Certification Letters Each unit of government (subgrant recipient) and each criminal justice agency that is the implementing agency of the subgrant, whether or not it is required to have a written Equal Employment Opportunity (EEO) Program according to provisions of the Federal Omnibus Crime Control and Safe Streets Act of 1968 as amended, must enclose signed EEO Certification Letters with subgrant applications. To receive a copy of the 28 Code of Federal Regulations (CFR Part 42, Subparts C, 0, E, F, G and H.), contact Mr. Kenn Bass at 850/488-8016 or SUNCOM 278-8016. ~ ...., Florida State Identification Systems Program Floñda Department of Community Affairs . EEO Certification Letter - Subgrant Recipient Mr. Clayton H. Wilder Community Program Administrator Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements - Subgrant Recipient Dear Mr. Wilder: I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that I have read the Act criteria set forth in the Suborant Application Packaoe and Instructions. I understand that if the subgrant recipient meets these criteria, it must formulate, implement and maintain a written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the subgrant recipient (Initial one of the following): -1L Does meet Act Criteria and does have a current EEO Program Plan. _ Does meet Act Criteria and does not have a current EEO Program Plan. Does not meet Act Criteria. I further affirm that if the recipient meets the Act criteria and does not have a current written EEO Program, federal law requires it to formulate, implement, and maintain such a program within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Requires signature of authorized official: Type Name and Title: Frannie Hutchinson. Chairperson By: Date: Name of Subgrantee Organization: St. Lucie County Board of Commissioners SIS Subgrant Application Package EEO Certification Letters · '-" Florida State Identification Systems Program -..""I Florida Department of Community Affairs EEO Certification Letter - Implementing Agency Mr. Clayton H. Wilder Community Program Administrator Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Implementing Agency Dear Mr. Wilder: I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that I have read the ACT criteria set forth in the Subarant Application Packaae and Instructions. I understand that if the Implementing Agency meets these criteria, it must participate in the subgrant recipient's EEO Program or formulate, implement and maintain its own written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the Implementing Agency (Initial one of the following): xx Does meet Act Criteria and does have a current EEO Program Plan. _ Does meet Act Criteria and does not have a current EEO Program Plan. Does not meet Act Criteria. I further affirm that if the implementing agency meets the Act criteria and does not participate in the subgrant recipient's EEO Program or does not have its own written EEO Program, federal law requires it to participate in such a program or formulate, implement, and maintain its own program within 120 days after a subgrant application is approved or face loss of federal funds. Requires signature of authorized official: Type Name and Title: Ken J. Mascara. Sheriff By: Date: ~ 1F U/Pf S1. Lucie County Sheriffs Office Name of SIS Subgran' Application Package Letters EEO Certification ~ """'" U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying' and 28 CFR Part 67, 'Government-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)'. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the u.s. Code. and implemented at 28 CFR Part 69, for persons entering inlo a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of 1\Ie undersigned, 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 the making of any federal grant, the entering into of any cooperative agreement, and the eJCtenslon, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement; (b) If any funds other than federal appropriated fu"ds have been paid or will be paid to any person influencing or attempting 10 influence en officer or employee of any agency, a member of Congress, an ofrlcer or an employee of Congress, or an employee of a member 01 Congress in connection with this federal grant or cooperative agreement, the undersigned shall complete and submit Slandard Farm - LLL, "Disclosura of Lobbying Activities', in accordance with its instructions; (cl The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tielS Qncluding subgrants, contracts under grants and cooperalive agreements, and subcontracts) and that all subrecipients shall certify and disclose eccordingly . 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MA TIERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension. and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510- A. The applicant cef1,~S that it and its principals: (a) Are not pr"-"!y debarred, suspended. proposed far debarment, dklared ineli llJle, sentenced to a denial of federal benefits by a Stale or ¡i'edaral cautl, or voluntarily excluded from covered transactions by any federal depaltment or agency; (b) Have not within a three-year peri<ñprecedlng this application been convicted of or had a civil judgement _dered against them for commission of fraud or a criminal offense In co~ion with obtaining, attempting to obtain, or performing a publio (Fedoral, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embEzlement, theft .....,....,..ry, falsification or destruction of records, making false statements, or receMng stolen property; (c) Are nat presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or locaQ with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal. State, or local) terminated far cause or defauit; and B. Where the applicant Is unable to certify 10 any of the statements in Ihis certification, he or she shall attach an explanation to this applicetion. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free War1cplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.815 and 67.620- A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in tha grantee's workplace and specifying the actions that will be taken against employees far violalion of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees abaut- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) AIry available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a rac¡uirement that each employee to be angaged in the perfonnance of the grant be given a copy 01 the statement required by paragraph (a); (d) Notifyin 11111 employee in the statement required by per.:ograph (a) that, as a condition of employment under the grant, the employee will- OJP Form 4061/6 (3-91) Rap' - IP Fonns 4o&1Q; "")13. and 4061/4. whIch are obsolete. . (11 Abide by the terms of the statement; and . (2) Notify the employer in writing of his or her corwiclion for a violation of a criminal drUg statute occurring in the workplace no later than five calendar days after the conviction; (e) Notifying the agency. in writing. within 10 calendar days after receiving notice under subparagraph (d) (2) from an employee or othetwise recei1ling actual noti... of such conviclion. Employers of convicted employees must provide notice Including position title. to: Department of Justice. Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; (f) Taking one 01 the following actions, within 30 calendar days of recei1ling notice under subparagraph (d) (2). with respect 10 any employee who is so convicted- (1) Taking appropriate personnel action against such an employee. up to and including termination, consistant with the requirements of the Rehabilhalion Act of 1973. as amended; or (2) Requiring such employee 10 participate satisfactorily in a drug abuse assistance or rehabilitalion program approved for such purposes by e Federal, State, or local heailh. law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free worlcplace through Implementalion of paragraphs (a), (b). (c), (d), (a), and (I). B. The grantee may insert In the space provided below the sile(s) for the performance of work done in connection with the specifIC grant: Place of Perfonnance (St.-l addrass. city, county. stale, zip code) Check here _ If there are worlcplaces on file thai are not dentlfied here. Section 67.630 of Ihe regulations provides thai a grantee that is a State may elect to make one certiflCalion In each Federal fiscal year. A copy of which should be included with each application for Department of Justice funding. Stalas and Slate agencies may elect to use OJP Form 406117. Check here _ Iflhe State has elected to complete OJP Form 406117. DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988. and implemented aI 28 CFR Part 67. Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620- A. As a condilion of the grant, I certify thet I will nol engaga in the unlawful manufacture. distribution, dispensing, possession. or use ora controlled substan... in conducting any activity with the grant; and B. If convicted of a criminal drug offense resuillng from a violation occurring during the conduct of any grant activity, I will report the con\lÎCtion, in writing, within 10 calendar days of the conviction, to: Department of Justice. Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. Grantee Name and Address: St. Lucie County Sheriffs Office, 4700 W. Midway Road, Fort Pierce, FL 34986 3. Grantee IRSNendor Number: 59-6000838 2. Application Number and/or Project Name: Criminal Justice Record Improvement Ken J. Mascara 4. Typed Name and Title of Authorized Representative: 5. Signature: Sheriff, SI. Lucie County Sheriffs Office 6. Date: :7f!,M2F · '-' Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program .....J ~ Automated Data Processing (ADP) Equipment and Softwnre And Criminal Justice Information and Communication Systems Request for Approval Form (Continuation Page _ .) Authorized Official for Subgrant Recipient Type Name: Ken J. Mascara Type Title: Signature : Telephone Numb . (772) 462-3200 Date: ~ ~ wtß5 By signature 0111, the subgrantee is certifying intention to comply with the General Guidelines, ection I, and Is requesting approval of proposed activity through response to Required Information. Section II, Section I: General Guidelines for Subarantees: 1. The application for procurement of ADP equipment and software sh:all be written in a manner consistent with maximum open and free competition in the procurement of hardware, software and related services. 2. Criminal justice information and communication systems shall be designed and programmed to maximize the use of standard and readily available computer equipment and programs. Subgrantees should utilize the past experience of other agencies which have successfully implemented such systems. A detailed requirements analysis should be performed and a search for existing software that could meet the identified requirements should be made before new software is developed. If new software is developed, it shall be designed and documented so that other crimin.al justice agencies will be able to use it with minor modifications and at minimum cost. 3. Subgrantees shall request approval prior to arranging for patent of computer software and programs. Federal requirements goveming copyright apply in all c:ases. The U. S. Department of Justice reserves a royalty-free, non-exclusive, and irre,vocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal Government purposes the copyright in any work developed under a subaward and any rights of copyright to which a subgrantee purchases ownership with grant support. NOTE: If the total purchase or lease price exceeds $100,000, justification mLlst be submitted to FDLE on these forms for approval. If the purchase or lease is less than $100,000, the applicant may either provide justification on these forms or in the application itself. t . ~ Edwarri Byrne Memorial State and Local Law Enforcement AssIstance Fonnula Grant Program ....¡ " Automated Data Processing (ADP) Equipment and Software And Criminal Justice Information and Communication Systems Request for Approval Form (Continuation Page _ .) Section II: Required Information: 1. A description of the ADP hardware and/or software you plan to purchase, including: a. Number of units and projected cost of each. b. Equipment specifications including disk drive storage space, amount of random access memory, microprocessor size and speed, and any other pertinent system specifications. If a network is purchased, specify the type of file server, hub/routers, network cards, network wiring and installation costs. If a printer is purchased, indicate the type of printer. c. Software specifications including name and version (ex. Microsoft Word for WindowS© 6.0) and the number of licenses to be acquired. d. A brief description of how the proposed equipment and/or software will be used to further grant objectives. 2. Certify that ADP hardware and software procurement complies with existing federal, state, and local laws and regulations. 3. If ADP hardware will be purchased, describe the results of your lease/purchase analysis and explain the advantage of purchase over lease. 4. If ADP software will be developed, explain why already produced and available software will not meet the needs of this subgrant. 5. If your purchase of ADP hardware, software or combination thereof will be from a sole source and is $100,000 or more, complete a Sole Source Justification Form and attach it. Description of the ADP hardware and/or software. 1 a. The St. Lucie County Sheriffs Office will purchase one Motorola Livescan Workstation at a cost of $38,431.00. b. The Workstation will be a Motorola LSS2000 c. Software will be included in the purchase. e. The Workstation currently being used by the Sheriffs Office 2.a. Equipment Specifications: b. Equipment specifications are attached. .. - ".. ~ '- Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program "" " Automated Data Processing (ADP) Equipment and Software And Criminal Justice Information and Communication Systems Request for Approval Form (Continuation Page _ .) c. Software is included in the purchase of the hardware. 2. I hereby certify that ADP hardware and software procurement complies with existing federal, state, and local laws and regulations. 3. The hardware to be purchased is anticipated to last for a long time. It is not cost effective to lease the equipment. 4. ADP software will not be developed in this project. 5. Sole Source Justification is attached. Motorola is the only vendor who can provide equipment that can be used for this project. All other vendor available equipment is incompatible with current FDLE technology. '--.: . . '-' ....." AGENDA REQUEST ITEM NO. c-5 (""- DATE: July 12, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] " TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ROGER A. SHINN DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: CENTEX ROONEY/SCHENKEL SHULTZ-ROCK ROAD JAIL EXPANSION PROJECT CONTRACT CHANGE ORDER NO.3 / CONTRACT NO. C04-04-323 BACKGROUND: SEE A TTACHED MEMORANDUM FUNDS AVAIL: 310003-2330-562000-26003 (Buildings) PREVIOUS ACTION: On May 3,2005, Item No. c-5, the Board of County Commissio~ers approved Change Order No.2 to Contract No. C04-04-323, to increase contract sum. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No.3 to Contract No. C04-04-323 with Centex Rooney/Schenkel Shultz, L.C., to increase the contact time fifteen (15t days for the North Bldg. (Bldg. #1) to provide a substantial completion date of July 291 , 2005, and sixteen (16) da~s for the South Bldg. (Bldg. #2) to provide a substantial completion date of September 71 , 2005, and authorize the Chair to sign the Change Order as prepared by the County Attorney. MISSION ACTION: [)(I APPROVED [] DENIED [ ] OTHER: Approved 5-0 Dou nderson County Administrator ",,"myA"'m"'~ y Originating Dept( ~ Finance: (Check for Copy only, if Applicable) Coordination/Signatures Mgt & Budget: Purchasing Mgr.: Other: Other: Eff.1/97 H:\AGENDA\AGENDA-59 CENTEX co NO. 3.DOC .J' ,.., ....I MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Roger A. Shinn, Director DATE: July 12, 2005 SUBJECT: CENTEX ROONEY/SCHENKEL SHULTZ-ROCK ROAD JAIL EXPANSION CONTRACT CHANGE ORDER NO.3 / CONTRACT NO. C04-04-323 ****************************************************************************** BACKGROUND: On April 27, 2004, St. Lucie County entered into Contract No. C04- 04-323 with Centex Rooney/Schenkel Shultz, L.C., for design and construction of the Rock Road Jail. Currently, Building #1 (North Bldg.) has a completion date of July 14th, 2005 and Building #2 (South Bldg.) has a completion date of August 22nd, 2005. Due to delays, caused by the heavy rains we have recently been experiencing, the date of completion for the Rock Road Jail Expansion Project will need to be extended. Staff is requesting approval of Change Order No.3 to Contract No. C04-04-323 to increase contract time as follows: . Fifteen (15) days for the North Building (Bldg. #1) for a revised substantial completion date of July 29th, 2005. . Sixteen (16) days for the South Building (Bldg. #2) for a revised substantial completion date of September 7'h, 2005. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order NO.3 to Contract No. C04-04-323 with Centex Rooney/Schenkel Shultz, L.C., to increase the contact time fifteen (15) days for the North Bldg. (Bldg. #1) to provide a substantial completion date of July 29th, 2005, and sixteen (16) days for the South Bldg. (Bldg. #2) to provide a substantial completion date of September 7'h, 2005, and authorize the Chair to sign the Change Order as prepared by the County Attorney. · CHANGE ORDER '-'" ST. LUCIE COUNTY PROJECT: (name, address) Rock Road Jail Expansion Project TO (Contractor): Centex Rooney/Schenkel shultz,L.C. 8529 South Park Circle, Suite 200 Orlando, Florida 32819 """'" CHANGE ORDER NUMBER: INITIATION DATE: 3 June 24, 2005 CONSULTANT'S PROJECT NO.: N/A ST. LUCIE COUNTY CONTRACT NO: C04-04-323 CONTRACT DATE: You are directed to make the following ch~s in this Contract: (Additional sheet attached as Exhibit A ~ No) nsee attahcedn April 27, 2004 The original (Contract Sum) (Guaranteed Maximum Cost) was .......................... $ Net change by previous authorized Change orders ..................................... $ The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was ....... $ The (Contract Sum) (Guaranteed Maximum Cost) will be ~fìereasod) (decrgo¡s~d or cnaA§,)(; ) by this Change Order ....................................................... $ The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be $ 19,038,640.00 The Contract Time will be íWcreased} (deGIt"èJ"ed) (uRcFianged) by ( ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: N. Bldg. ( # 1) -7/29/2005 Funds Available: Account Number S.Bldg. (#2 )-9/7 /2005 18,955,000.00 83,640.00 19,038,640.00 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall cOrlllJrlse 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 cumulativeimpacts 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 adjustmentin contract price or time as a result of increases or decreases in costs and timeof performance caused directly and indirectly from the Change Order, subject" to the current sCOPe of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor wil1 waive all rights to file a claim on this Change Order after it is properly executed. All work perf o rr!) éd under this Change Order shall be performed in accordance with the contract specifications. Recommended: Architect/Engineer Address Date By Agreed To: Centex Rooney/Schenkel Shultz,L.C. Contractor R"i?q ~ol1t-h Park Circle.Or1ando,Fl. Address By Date WI-liT£:' _ \Ia::to.n'''\ru~ ~nl nC~ICf"\n _ C"11\' ^",""t:- Approved: Central Services St. Lucie County Department 2300 Virginia Ave.,Ft.Pierce,F1.34982 Address ~ D~ Authorized: St. Lucie County: 2300 Vìrginia Ave., Ft. Pierce, FL 34982 By Approved as to Form and Correctness Date County Attorney r-r'\~I""='." nllc,.....uAOIlt..I1"" nu.lv n~n^n.,...~.d-r' .- , . ~ ..",,; CEiNTEX R.CONEY SCHENKEL SHULTZ DESIGN/BUIlDERS, L.C. CGC i!6ú068 . P.O. Box 1779 Ft. Pierce. Florida 34945 Phone: 772-429-0658 Fax: 772-429-0886 June 23, 2005 Roger Shinn St. Lucie County 2300 Virginia Ave. Ft. Pierce, Florida 34982 Re: Rock Road Jail Expansion Subj: Request for Schedule Extension Weather Related Delay Dear Mr. Shinn: We have completed our evaluation of the current Project Schedule and the effect that the recent heavy rains have had on the Project Schedule. As noted in my letter of June 9,2005 several delays have been experienced with work activities related to the Site and exterior portions of the North and South Buildings which included the following: 1. Comp letion of the roof gutters and flashing. 2. Completion of underground Storm Water System. 3. Completion of the underground Sanitary Sewer pipe and installation of the Muffin Monster Vault & Muffin Monster. 4. All backfilIing of trenches and underground utilities and the abiHty to obtain compaction of the backfill materials. 5. Installation of the underground conduit for the FP&L transfonners, final connection of the transformers by FP&L and commencement of permanent power to the North Building. 6. Commencement of the Exterior painting at the North building. 7. Commencement of the foundations for the Walkway Canopy. 8. Completion of Final Grading of the Site. 9. Completion of the Perimeter Roadway. 10. Commencement of the perimeter fencing. We are attempting to recover as many of these lost days as possible. However, given the delays to this work we are requesting that the Project Schedule be extended for a period of fifteen (15) days for the North Building and sixteen (16) days for the South Building to provide for revised Substantial Completion Dates of July 29,2005 for the North Building and September 7, 2005 for the South Building. " . '. c' ~ ...." Attached for your review is the current Project Schedule reflective of the aforementioned anticipated completion dates for each Building. If you should have any questions, please contact me. Sincerely, CENTEX ROONEY/SCHENKEL SHULTZ DESIGNIBUILDERS, L.C. £fff!~ Project Manager cc: Centex Construction: Brooks Gilmore DLR Group: Bob Day DLR Group: Jerry Nugent Schenkel Shultz Architecture: Paul Bailey S1. Lucie County: Ken Hall S1. Lucie County: Raymond Wazny Owner Corr. File Schedule File ... " '-" ...", AGENDA REQUEST ITEM NO. c 5-B DATE: July 12, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ROGER A. SHINN DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: APPROVAL TO USE AVAILABLE ROCK ROAD JAIL EXPANSION CONTINGENCY FUNDS IN THE AMOUNT OF $23,875.00 FOR INSTALLATION OF PHONE LINES AND DATA LINES IN THE NEW JAIL PODS-BOTH NORTH AND SOUTH BUILDINGS AND APPROVAL TO USE GERELCOM, INC. CONTINUING CONTRACT NO. C03-09-681 FOR THIS WORK BACKGROUND: SEE A TTACHED MEMORANDUM FUNDS AVAIL: 310003-2330-562000-26003 (Buildings) PREVIOUS ACTION: On April 2th, 2004, Item No.6, the Board of County Commissioners approved funding for the Rock Road Jail Expansion project. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the use of the Rock Road Jail Expansion Contingency funds in the amount of $23,875.00 for the installation of phone lines and data lines in the new jail pods and approve to use Gerelcom, #C03-o9-681, for this work. MISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: County Attorney: Y< (1?L'-- Dou derson County Administrator ¿,,;;;IT Purchasing Mgr.: Approved 5-0 Mgt. & Budget: Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H,\AGENDA\AGENDA-62 RR JAIL PODS-INSTALL PHONE & DATA.DOC '-' ~ MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Roger A. Shinn, Director DATE: July 12, 2005 SUBJECT: APPROVAL TO USE AVAILABLE ROCK ROAD JAIL EXPANSION CONTINGENCY FUNDS IN THE AMOUNT OF $23,875.00 FOR INSTALLATION OF PHONE LINES AND DATA LINES IN THE NEW JAIL PODS-BOTH NORTH AND SOUTH BUILDINGS AND APPROVAL TO USE GERELCOM, INC. CONTINUING CONTRACT NO. C03-09-681 FOR THIS WORK ****************************************************************************** BACKGROUND: On April 27'h, 2004, the Board of County Commissioners approved a firm fixed price of $18,955,000.00 and total funding amount of $20,500,000.00 for the Rock Road Jail Expansion project. A critical part of the jail pod construction includes the installation of phone lines and data lines for both the north and south buildings. Currently, Gerelcom (#C03-09- 681) is under continuing contract with St. Lucie County and will furnish materials, tools, labor, and equipment for both pods at a cost of $23,875.00. Funds are available in the Rock Road Jail Expansion contingency in the amount of $23,875.00 and staff is seeking approval to use these available funds for Gerelcom to install the phone lines and data lines for both pods. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the use of the Rock Road Jail Expansion Contingency funds in the amount of $23,875.00 for the installation of phone lines and data lines in the new jail pods and approve to use Gerelcom, #C03-09-681, for this work. Jun 28 05 04:15D GerelCOM Inc 772-340--')66 ~ p.2 " ~ f!!t1:¡"'"" GEREL """'~ ~ 'i'ã Æir (,-, ~tJ 1V1 Inc. -"III!=''''~''''''''''"'''''~-'''''!'I;li!!!!I¡ ._¡¡¡ VOICE/DATA-FIBER =ff~i1JJ June 28, 2005 +1'I11~·~U¡mlüwurnntauU ~æ.tl!mi! Estimate #DC669 St. Lucie County Central Services 2300 Virginia AVe. R Pierce, Florida 34982 Attn: Ken Hall Re: Corrections Facility GERELCOM, INC., proposes to furnish materials, tools, labor, and equipment for the above named project to instaIl the following scope of work. Scope ofWork~ Includes both south and north buildings. · Insta112 CatSE cable at 32 locations. · Install stainless steel plates with Torx screws. · Install CatSE jacks. · Install (2) 24" X 24" network wall mount cabinets with (2) 48 port patch panels and (4) horizontal cable management. · Provide (64) 5' patch cables and (64) 10' patch cords. · In the 4" conduit :tram the Admin. building, install (2) I" PE inner duct and (2) 100 pair PE-89 cables. InstaU (2) 6 strand single mode fibers in the 1" inner duct leaving (1) 1" inner duct for future use. · Includes lightning protection, solid state fuses and bonding of the lightning protection and the foil of the PE":89 cable. · Install the RG-59, 2 conductor STP 20 awg. and the RG-59 siamese cable to the 24 locations for future video. Install blank stainless steel plate with Torx screws. List of Assumptions unless stated above: (if applicable) · This is an asbestos·:fj-ee environment. · Areas that wi]] be cabled are unobstructed. · All conduit and stub-outs are to be provided by others. · Surge protection of any type is not included (electrical). · At the MDF & IDF's, a clean grounding bus bar is to be provided by others. · On provided labor, and materials there is a one-year warranty after completion. · Before start date, existing furniture and equipment is to be moved by others. · Installation hours are between 8:00am and 5:00pm Monday through Friday. 521 N.W. Enterprise Drive, Port St. Lucie, Florida 34986 * (772) 340-5998 * Fax (772) 340-3666 E-mail: bJanham(ajgere1com,com * Web Page: www.gerelcom.com ~'- Jun 28 05 04:15~ <. GerelCOM Inc 772-340--~SS ..." 1".3 '-" Paf!e 2 Estimate No: DC669 Price for above Scope of work. ........................................... ... ..$23,875.00 The person accepting this proposal must have full authority to sign this agreement. Name Signature Date Please call with any questions you may have concerning this quote. As always GERELCOM, Inc. thanks you for the Opportunity, and we look forward to serving your needs in the future. Sincerely, Œryan Lanliam Bryan Lanham, RCDD Vice President 521 N.W. Enterprise Drive, Port St. Lucie, Florida 34986 * (772) 340-5998 * Fax (772) 340-3666 E-mail: blanhamcmgerelcom.com * Web Page: www.gere1com.com. "'--- - - ~ ~ ~ """ AGENDA REQUEST ITEM NO. c 5-D DATE: July 12, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ROGER A. SHINN DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: PURCHASE OF TWO SPOT COOLERS (ONE 5-TON & ONE 2-TON PORTABLE AIR CONDITIONING UNIT) FOR USE AT VARIOUS LOCATIONS FOR EMERGENCY AND TEMPORARY COOLING APPROVE EQUIPMENT REQUEST NO. EQ05-346 & EQ05-347 BACKGROUND: SEE A TTACHED MEMORANDUM FUNDS WILL BE MADE AVAIL: 001-1929-564000-100 (Machinery & Equipment) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the use of remaining available funds, budgeted FY 04-05 for equipment purchases, in the amount of $10,623.00, for the purchase of two spot coolers and approve EQ05-346 & EQ05-347. MISSION ACTION: [)G APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: Originating Dept: ~u.Y Finance; (Check far Copy only, if Appiicabie) Mgt. & Budget: Purchasing Mgr.: Other: Other: Eft. 1/97 H:\AGENDA\AGENDA-64 SPOT COOLERS.DOC ~ 'wi MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Roger A. Shinn, Director DATE: July 12, 2005 SUBJECT: PURCHASE OF TWO SPOT COOLERS (ONE 5- TON & ONE 2- TON PORTABLE AIR CONDITIONING UNIT) FOR USE AT VARIOUS LOCATIONS FOR EMERGENCY AND TEMPORARY COOLING APPROVE EQUIPMENT REQUEST NO. EQ05-346 & EQ05-347 ****************************************************************************** BACKGROUND: In an effort to provide emergency or temporary cooling, such as: after a hurricane to cool a small computer server room, or to use as temporary cooling when we do a small renovation proj ect, or when we have to temporarily relocate personnel, staff is requesting approval to purchase a 5-ton and 2-ton portable air conditioning unit (spot coolers). Additional funds, that were budgeted FY 04-05 for the purchase of equipment, are available in the amount of $ 10,623.00, for the purchase of these two spot coolers. And staffis requesting permission to use these available funds. 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CD N CD , 01 0> . >. o o o , ..... o o - ...", >0 -m ;;oz 0-1 ~~ or- -en :::1m 0;;0 z< Zõ G>m !:en > Z -I m z > z o m - en -I m;'" De: 50 "'0- 3:m mO zO -Ie: "z m-l D-< em mO en» -1::::0 'TIC 00 "'TI 'TIO 000 oe: >z ï-l -(-< mo >0 "3: N3: e- een .þ.en 1_ NO gz (11m ::::0 en """ II". AGENDA REQUEST '...,I ITEM NO. 6A DATE: July 12, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: SUBMITTED BY (DEPT): Board of County Commissioners BY: SUBJECT: Early Learning Coalition - Reappointment of Beth Miller for a second term. BACKGROUND: Please see attached letter from Tony Loupe, Chairman of the Early Learning Coalition of St. Lucie County, Inc. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/ A RECOMMENDATION: Staff recommends the reappointment of Beth Miller for a second term to the Early Learning Coalition of St. Lucie County, Inc. K APPROVED [] OTHER: [] DENIED COMMISSION ACTION: Approved 5-0 Douglas M. Anderson County Administrator Review and Approvals County Attorney: Management & Budget: - Originating Dept: - Other: Finance: _ (Check for Copy only, if applicable) Purchasing: _ Other: Effective: 5/96 " . ..... " ... EARLY LEARNING COALITION OF ST. LUCIE COUNTY, INC. June 7, 2005 ~i" .' f) ~>.. ì 1\\, 'c"'J / .} T rJ11~ /J "> rfP r Mr. Douglas Anderson St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 Dear Mr. Anderson: House Bill I-A, signed into law by Governor Bush on January 2, 2005, mandates that certain individuals serve on the local Early Learning Coalition. According to the Statute, the County Commission Board must appoint a member to this Coalition. Previously, the Commission appointed Beth Miller and her term on the Coalition has expired, We ask that you appoint a replacement. The Coalition's Bylaws state Ms. Miller may serve a second term, if the Commission so desires. Please forward this request to Chairman Hutchinson for consideration. The Coalition's main goal is to provide economically at-risk children, from birth to 5 years old, with a quality preschool education so they are ready for kindergarten. This important legislation greatly impacts our community. The Coalition meets on the first Wednesday of each month, from Noon to I :30 PM, at the Coalition office located at 804 South Sixth Street. If you need more information, please feel free to contact the Executive Director of the Coalition, Nancy Archer, at 595-6424. Thank you for your time and cooperation. Sincerely, q~ Chair TL:kjt O ')('1r¡¡:; Ldi...-d 804 Soutli 6t1i Street Port Pierce, PÚJriáa 34950 I - r': Plione: (772) 595-6424 Pax; (772) 595-608.1--.':":.-. , . ....,. ~ ~ ....., ITEM NO. C6b DATE: July 12. 2005 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) SUBMITTED BY (DEPT): ADMINISTRATION TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Parking Lease BACKGROUND: Attached is a copy of a proposed lease between the County and Willie and Gloria Gary. Under the terms of the proposed lease, the Garys would lease property (as depicted in Exhibit "An) to the County for general parking purposes. The term of the lease is two (2) years from August 1, 2005 to July 31, 2007. The proposed rent for the first year is $2,500.00. FUNDS AVAILABLE: Funding is available in Account No. 107-712-544200-1645 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the lease and authorize the Chairman to sign the Lease. . APPROVED o OTHER: o DENIED COMMISSION ACTION: Approved 5-0 Review and Approvals º County Attorney: -º Management and Budget: º Purchasing: º Originating Dept: º Other: º Other: º Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or ITD 772-462-1428, at least 48 hours (48) prior to the meating. '-' ...., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Douglas M. Anderson, County Administrator DATE: July 6, 2005 SUBJECT: Lease with Willie & Gloria Gary ****************************************************************************** BACKGROUND: The County needs additional parking in the vicinity of the Courthouse. The County Administrator has negotiated a two (2) year lease with Willie and Gloria Gary. A copy of the draft lease is attached. The proposed term begins on August 1, 2005. The proposed rent is $2,662.50 per month. The location of the parking lot is depicted on the map attached to this memorandum. funding is available in Account No. 107-712-544200-1645. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the lease and authorize the Chair to sign the lease. DMAlcaf Attachments '-' ~ MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: Doug Anderson FROM: Roger Shinn DATE: July 6,2005 SUBJECT: Lease for Temporary Parking **************************************************************************************************** Due to the impending Clerk of Court building construction, Courthouse renovation, and Parking Garage addition, there will be a definite need for temporary alternate parking space in the area. We have spoken with Willie Gary regarding his property located on Indian River Drive and he is willing to lease this property to the County. Therefore, it is recommended that the County enter into a lease agreement with Willie Gary for this parcel of land. The lease should go into effect before construction begins and extend for a period of two to three years. l~ OJ 2000 20:05 rAI 5614622131 lV.27/00 16:3$ V ST LrCIE CO ADM , '. ...., i4104 ilOC4. f t)/5J , U' Ii:I (.. '" ~ -- -- ----- - - COUNTY '.¡()iJSE. ~~ ~ b ::::> 3 . Ii ... ~': Print Date:"I1C1!/21/200Q 19:40: SEE SHEET 241108 \\ _1__________ '!Ò l!- I 1 ! ~ ~ ~ Ii .3!!oi\:t 1 . ~ ~ ( -ootJI-fX)IJ/2) (...rxxJ2<JtXJ/9J - .c. ... r; .7 'I58A8 .21$+ 2œ.81l ~£ ~ is t<XJ04-(Jt'J(J/3) . ~ <$I . (-OOO~'(x)()/SJ ~ .... .. -'4!a 23Q~ (~OJ 3 ;\ ~ 188.9.3. 210:t III 'i .t~~ ~ ... nl.ZS 140+ !!.\____~Ey__~__ ¡ (-<JOOB<tOO/1) + 16 115= '-' ....., LEASE ~.<.:.< ,,<2'..'.., '0~. ,.' ,)}:I 'm. , ,~," J~r .r THIS LEASE, made on the day of , 2005 by and between Willie and Gloria Gary, hereinafter referred to as "Landlord" and St. Lucie County hereinafter called "Tenant." ARTICLE I 1. LEASED AREA Landlord guarantees to Tenant for the terms of this lease agreement, for the benefit of the tenant and the tenant's employees, agents, customers and invitees, the right in common with other tenants of the land the use for parking in the entire area with the following legal description: MARY ANN SID FROM SW COR OF SID RUN EL Y 136.98 FT FOR POB, TH CONT E 247.35 FT TO SE COR OF SID, TH NLY ON E LI SID 100 FT ML, TH WLY 237.75 FT TO ELY RIW LI OF HARMAN PROP, TH SLY 22.05 FT, TH W 5.3 FT, TH SWL Y 41 FT, TH SLY 38.6 FT TO S LI OF SID, TH EL Y 11.8 FTTO POB (MAP 24/10G) (OR 487-1043). The use of this area is for general public parking only. During the term of the lease agreement and any extension thereof, Tenant will cause the parking area to be properly operated and maintained and all entrances, exits and driveways kept in good repair; such operations and maintenance will include mowing the grass. Tenant will be responsible for the removal of rubbish and debris related to maintenance of the parking area only. The Landlord is not responsible for any damage, loss or theft of or to personal property or vehicles, the Landlord is not responsible for any damage or injury caused by natural depressions, rodent holes, etc., due to the parking area being an unpaved, grassy lot. 2. COMMENCEMENT AND ENDING DATE OF TERM: TERMINATION The term of this lease is two years and the Tenant's obligation to pay rent hereunder will commence on Auaust 1. 2005 and end on July 31. 2007. Either party may terminate the Lease. without cause. by aivina the other party ninety (90) days prior written notice. '-" ..., ARTICLE II 1. RENT Tenant agrees to pay the Landlord at the office of the Landlord or at such other place designated by the Landlord, without any prior demand therefore and without any deduction or offset, unless authorized herein the following rent plus State sales tax if applicable. A. Commencing on the L of Auqust. 2005 through the 31st of July. 2007 the sum of $3,500.00 $2.500.00 per month, payable upon the first day of each calendar month, plus applicable state sales tax, if any, at the current rate of 6.5% making the total monthly payment $3,727.50 $2.662.50. Any increase in State sales tax will increase the monthly payment accordingly. Checks will be made payable to WILLIE AND GLORIA GARY. +J:t.e cocond year of the loaGe, the rent will increase to per month. B. There will be a service charge of $50.00 for any rent not received by the 5th of the month when due. C. No security deposit is required. D. There will be a service charge of $50.00 on any check written by the tenant or on behalf of the Tenant and returned to the Landlord by any financial institution. ARTICLE III 1. ASSIGNMENT AND SUBLETTING Tenant will not assign this lease in whole or in part, nor sublet all or any part of the lased area, without the prior written consent of the Landlord in each instance, which consent will not be unreasonably withheld. The consent by the Landlord to any assignment or subletting will not constitute a waiver of the necessity for such consent to any subsequent assignment or subletting. This prohibition against assigning or subletting will be construed to include a prohibition against any assignment or subletting by operation of law. If this Lease is assigned, or if the leased area or any part thereof is underlet by anybody other than the Tenant, Landlord may collect rent from the assignee, undertenant, or occupant and apply the net amount collected to the rent herein reserved, but no such assignment underletting, occupancy or collection will be deemed a waiver of this covenant, or the acceptance of the assignee, undertenant, or occupant as tenant, or a release of Tenant from the further performance by tenant of covenants on the part of the Tenant herein contained. Notwithstanding any assignment or sublease, Tenant will remain fully liable on this Lease and will not be released from performing any of the terms, covenants and conditions of this Lease. Nothing in this paragraph shall be construed to prevent Tenant from allowing the general public to use the property described in Article I, Paragraph 1 for parking. '-' ...., ARTICLE IV 1. ALTERATIONS AND IMPROVEMENTS Tenant will make no alterations to the leased area or construct any improvements on the leased area without the prior written consent of the Landlord. All alterations, changes and improvements built, constructed, or placed on the lease area by the Tenant, with the exception of items removable without damage to the area and movable personal property, will, unless otherwise provided by written agreement between Landlord and Tenant, be the property of the Landlord and will remain on the leased area at the expiration or sooner termination of this Lease. Any alterations, improvements or additions authorized by the Landlord will be done at the sole and exclusive expense of the Tenant and only with the Landlord's prior written consent. 1. INSURANCE Tenant is self insured for the limits set out in Section 768.28. Florida Statutes and Tenant shall provide Landlord with a copy of the insurance certificate. Copies of the original policies (together with copies of the endorsements naming the Landlord and any others specified by the Landlord as additional insureds) will be delivered to the Landlord within 30 days of the commencement of the Lease. All liability policies maintained by the Tenant will contain a provision that the Landlord and any other additional insureds, although not named as an insured, will nevertheless be entitled to recover under such policies for any loss sustained by the Landlord and such other additional insureds, it's agents, and employees as a result of the acts or omissions of the Tenant. ARTICLE VI 1. LIABILITY AND INDEMNIFICATION Landlord will not be liable for any damage or injury to any person or property whether it is to the person or property of Tenant, Tenant's employees, agents, guests, invitees, or otherwise, by reason of Tenant's occupancy of the leased area or because of fire, flood, wind storm, acts of God, or for any other reason, except such damage or injury arising or occurring of Landlord's and such other additional insureds, it's agents, and employees as a result of Landlord's positive acts, negligence, acts or omissions, this paragraph will apply also to damage as caused as previously stated or by frost steam, excessive heat or cold, falling objects, broken glass, sewage, gas, odors, or noise or the bursting or leaking of pipes will apply equally whether any such damage results from the acts or omissions of other tenants, occupants or any other person, whether such damages are caused by or result from any other thing or circumstances above mentioned, or any other thing or circumstances, whether of a like or wholly different nature, to the extent allowed by law, Tenant agrees to indemnify and save harmless Landlord from and against any and all loss, damage, claim, demand, liability, or expense by reason of damage to person or property which may arise or be claimed .... """" to have arisen as a result of the negligent occupancy or use of the leased area by the Tenant, or in any way arising on account of any injury or damage caused to any person or property on or in the leased area as a result of Tenant's negligence, including Landlord's attorney's fees and costs, both at the trial and appellate levels. ARTICLE VII 1. DANGEROUS MATERIALS Tenants will not keep or have on the leased area any article or things of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire on the leased area or that might be considered hazardous or extra hazardous by any responsible insurance company. ARTICLE VIII 1. HOLDOVER BY TENANT Should the Tenant remain in possession of the leased area with the consent of the Landlord after the natural expiration of this Lease, a new tenancy from month-to- month will be created between Landlord and Tenant which will be subject to the terms and conditions hereof but which will be terminable by ninety (90) days written notice served by either Landlord or Tenant on the other party. ARTICLE IX 1. SURRENDER OF AREA At the expiration of the Lease term, Tenant will quit and surrender the area hereby demised in as good of state and condition as they were at the commencement of this Lease, reasonable use and wear thereof and damage by the elements excepted. ARTICLE X 1. SIGNS The Tenant may, upon obtaining any necessary permits from governmental authorities, and with prior approval of the Landlord, erect and maintain at its own expense a sign or signs of such dimensions and material as are reasonable and compatible with the need for the sign or signs. ..... ..., ARTICLE XI 1. DEFAULT If any default is made in the payment of rent, or any part thereof at the times hereinbefore specified, or if any default is made in the performance of or compliance with any other terms or condition hereof, the Lease, at the option of Landlord, will terminate and be forfeited, and Landlord may re-enter the area and remove all persons there from. Tenant will be given three (3) days written notice of any default or breach, and termination and forfeiture of the Lease will not result if, within three (3) days of the receipt of such notice, Tenant has corrected the default or breach or had taken action reasonable likely to affect such correction. ARTICLE XII 1. ABANDONMENT If at any time during the term of this Lease, Tenant abandons the leased area or any part thereof, Landlord may, at their option, enter the leased area by any means without being liable for any prosecutions, and without becoming liable to Tenant for damages or for any payment of any kind whatever, and may, at their discretion, as agent for Tenant, re-Iet the leased area, or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Landlord's option, hold Tenant liable for any difference between the rent that would have been payable under this Lease during the balance of the unexpired term, if this Lease had continued in force, and the net rent for such period realized by Landlord by means of such reletting. If Landlord's right of re-entry is exercised following abandonment of the area by Tenant, then Landlord may consider any personal property belonging to Tenant and left on the area to also have been abandoned, in which case Landlord may dispose of such personal property in any manner Landlord will deem proper and is hereby relieved of all liability for doing so. ARTICLE XIII 1. ATTORNEY'S FEES If either Landlord or Tenant will fail to perform or will breach any covenant of this Lease and will institute any action in a court of competent jurisdiction, the prevailing party in that litigation will be entitled to reasonable attorney's fees and court costs. ARTICLE XIV 1. BINDING EFFECT The covenants and conditions herein contained will apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be '-' ...., construed as conditions of this Lease. This Lease will be construed under and governed by all applicable provisions of the Florida Non-Residential Landlord and Tenant Act, Chapter 83, Florida Statutes. IN WITNESS WHEREOF, the parties hereto have executed this Lease at Fort Pierce, S1. Lucie County, Florida, the day and year first above written. Signed, Sealed and Delivered in the Presence of: Willie E. Gary Gloria Gary Board of County Commissioners Attorney AGENDA REQUEST ....., ITEM NO. C7,A, DATE: July 12, 2005 CONSENT [X ] REGULAR ] PUBLIC BEARING [ ] Leg. Quasi-JD. ] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants PRESENTED BY: Bill Hoeffner, Grants Writer SUBJECT: Authorize the acceptance of a grant in the amount of $20,000 from the Florida Coastal Management Program and authorize the signing of the grant contract by the BOCC Chairperson. The funds are to be utilized to construct a fishing/observation pier at Indrio Blueway Lagoon. BACKGROUND: Indrio Blueway Lagoon is a lOS-acre site that was acquired with the assistance of Florida Communi ties Trust and the U. S. Fish and Wildlife Service. The management plan for the site, which is mandated by the Florida Communities Trust grant, requires the construction of a fishing/observation pier to curtail damage to wetland and seagrass habitats at the site. This grant from the Florida Coastal Management Program will fund 50% of the construction costs of the fishing/observation pier FUNDS AVAIL. : $20,000 in match funds will be provided through a grant that is being sought from the Florida Inland Navigation District (FIND) The grant application to FIND has been submitted and a decision regarding the FIND grant application is due in September 2005. If the FIND grant application is not funded, either the Florida Coastal Management grant will be returned or alternative funding will be identified. PREVIOUS ACTION: The BOCC previously approved the submittal and acceptance of three grants that have been utilized to acquire and restore this site: Florida Communities Trust, U.S. Fish and Wildlife Service, and the USDA Wetland Reserve Program. The BOCC also approved the submittal of the grant application to FIND. Staff recommends the Board authorize the acceptance of the Florida Coastal Management grant and the signing of the grant contract by the BOCC Chairperson. RECOMMENDATION: ¡XJ ¡ J APPROVED OTHER: DENIED COMMISSION ACTION: Approved 5-0 County Attorney: Originating Dept: ~~ Finance: (copies ónly): .Þ Coordination/Signatures Mgt , Budget: Public Works: Purchasing : Other: AgeUF2002.doc ",- \.r .. SUBMITTED BY (DEPT): Grants .."" AGENDA REQUEST ITEM NO. 7-B DATE: July 12, 2005 CONSENT X ] REGULAR PUBLIC HEARING [] Leg. [ Quasi-J.D. TO: Board of County Commissioners PRESENTED BY: Roberta Breene, Grants Writer Authorize the submittal of a grant application to the Florida Department of Agriculture and Consumer Services, Emergency Hurricane Supplemental Urban and Community Forestry Grant Program for $156,000 to help replace trees severely damaged or destroyed on County property as a result of the 2004 hurricanes. Also, approve Resolution 05-289 to authorize S1. Lucie County to enter into an Urban and Community Forestry Grant Memorandum of Agreement and a Maintenance Memorandum of Agreement with the State of Florida, Department of Agriculture and Consumer Services, Division of Forestry. SUBJECT: The 2004 hurricanes destroyed or severely damaged trees throughout the County, including those on County-owned property. The County has already up- righted and/or staked some trees, and replaced some others. However, an estimated 75% of damaged or destroyed trees have not been replaced due to a lack of budgeted funds. This grant will help begin to replace the significant loss of tree canopy on specifically-identified County properties. BACKGROUND: Grant funds must be spent by September 30, 2007.This grant requires a 25% match. At least $19,000 has already been expended to upright, stake or replace a number of trees. In-house labor to install the new trees will be another $20,000. This total of $39,000 is eligible to be used as the 25% match. FUNDS AVAIL.: PREVIOUS ACTION: No previous action. Staft recommends that the Board authorize Resolution 05-289, and the submittal of this grant application to the Florida Department of Agriculture and Consumer Services, Emergency Hurricane Supplemental Urban and Community Forestry Grant Program and the acceptance of the grant, if it is awarded. RECOMMENDATION: COMMISSION ACTION: (~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: ~ Originating Dept: /~ Finance: (copies only) : Coordination/Si Mgt 6< Budget. Public works: ".. d. .....'~.. . '-' ....,¡ ~. :I;¡:~",blJG'lE~"""~, COUNTY ./ LOR [ D A·........ ~ To: From: Date: Subject: Soard of County Commissioners Roberta Sreene, Grants Writer July 6, 2005 sacc Meeting, July 12, 2005, Consent Agenda Item 7-S Project _ Grant Application - Tree Replacement on County Property. This grant application for $156,000 from the Florida Department of Agriculture and Consumer Services, Emergency Hurricane Supplemental Urban and Community Forestry Grant Program seeks assistance in funding the replacement of hurricane-damaged trees on specific County properties. The 2004 hurricanes destroyed or severely damaged trees throughout the County, including those on County-owned property. The County has already up-righted and/or staked some trees, and replaced some others. However, an estimated 75% of damaged or destroyed trees have not been replaced due to a lack of budgeted funds. This grant will help begin to replace the significant loss of tree canopy on specifically-identified County properties. One of the items that neither FEMA nor insurance would cover was the replacement of trees. The lost trees had provided shade, wind protection, cool air, and habitat for wildlife as well as aided in reduction of air and noise pollution. In addition, these trees functioned to prevent erosion, trapped and stored rainfall, and contributed significantly to reducing flooding risks. Trees not only provide benefits to the environment but to residents themselves in terms of psychological and aesthetic value, improved livability, and enhanced sense of social community. This grant provides an opportunity to begin to replace some of those valuable trees. ~-,~ ~...~' 'WI Attachment G 2005 Emergency Hurricane Supplemental Urban and Community Forestry Grant Program Resolution 05-289 A RESOLUTION BY ST. LUCIE COUNTY, FLORIDA, TO ENTER INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY. WHEREAS, trees, conservation lands and the environment are important parts of our community. WHEREAS, St. Lucie County desires to apply for an Urban and Community Forestry Grant that would provide monies to help fund the replacement of trees, on specified County properties, that were severely damaged or destroyed during the hurricanes. WHEREAS, St. Lucie County wishes to enter into an Urban and Community Forestry Grant Memorandum of Agreement between St. Lucie County and the Florida Department of Agriculture and Consumer Services. NOW, THEREFORE BE IT RESOLVED BY THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. The Board of County Commissioners supports the replacement of trees that were damaged or destroyed by the 2004 hurricanes and the reestablishment of tree canopy on County property. Section 2. The Board of County Commissioners authorizes the Chairman to enter into an Urban and Community Forestry Grant Memorandum of Agreement between St. Lucie County and the Florida Department of Agriculture and Consumer Services. Section 3. The Board of County Commissioners authorizes the Chairman to enter into an Urban and Community Forestry Maintenance Memorandum of Agreement between St. Lucie County and the Florida Department of Agriculture and Consumer Services. INTRODUCED, PASSED AND ADOPTED THIS DAY OF July 2005. BY: Chair, St. Lucie County Board of County Commissioners ATTEST: APPROVAL AS TO FORM: Attorney: St. Lucie County Board of County Commissioners County Clerk .,AI' " AGENDA REQUEST ..." ITEM NO. 7-C DATE: July 12, 2005 CONSENT REGULAR [ X ] [ SUBMITTED BY (DEPT): Grants PUBLIC HEARING [] Leg. [ Quasi-JD. [ TO: Board of County Commissioners PRESENTED BY: Roberta Breene, Grants Writer SUBJECT: Authorize the submittal of a grant application to the Florida Department of Agriculture and Consumer Services, Emergency Hurricane Supplemental Urban and Community Forestry Grant Program for $40,200 to help replace trees severely damaged or destroyed at the County's Fairwinds Golf Course as a result of the 2004 hurricanes. Also, approve Resolution 05-290 to authorize S1. Lucie County to enter into an Urban and Community Forestry Grant Memorandum of Agreement and a Maintenance Memorandum of Agreement with the State of Florida, Department of Agriculture and Consumer Services, Division of Forestry. BACKGROUND: The 2004 hurricanes destroyed or severely damaged trees throughout the County, including over 205 on County-owned Fairwinds Golf Course. The County has already trimmed, up-righted or staked those trees that were salvageable. However, destroyed trees have not been replaced due to a lack of budgeted funds. This grant will help begin to replace the significant loss of tree canopy, windbreak and wind buffer at Fairwinds Golf Course. FUNDS AVAIL.: This grant requires a 25% match, and grant funds must be spent by September 30, 2007. At least $3,600 has already been expended to trim, upright and stake a number of trees. In-house site preparation. labor and materials to install the new trees will be at least another$11 ,700 over the two-year period. This total of$15,300 is eligible to be used as the 25% match. PREVIOUS ACTION: No previous action. RECOMMENDATION: Staff recommends that the Board authorize Resolution 05-290 and the submittal of this grant application to the Florida Department of Agriculture and Consumer Services, Emergency Hurricane Supplemental Urban and Community Forestry Grant Program and the acceptance of the grant, if it is awarded. ~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 COMMISSION ACTION: County Attorney. ~ Originating D.pt. I Finance: (copies only) : Coordination/Signatures Kgt Go Budge t . Ct,«.vß_ Public Works. Purchasing. Other. \..r~ ... ..." ~ .):ro"iLUGljE~9" COU NTY '/ tOR I D A·-Á!' ~ To: From: Date: Subject: Board of County Commissioners Roberta Breene, Grants Writer July 6, 2005 BOCC Meeting, July 12, 2005, Consent Agenda Item 7-C Project - Grant Application to Replace Hurricane Damaged Trees at Fairwinds Golf Course This grant application for $40,200 from the Florida Department of Agriculture and Consumer Services, Emergency Hurricane Supplemental Urban and Community Forestry Grant Program seeks assistance in funding the replacement of hurricane-damaged trees on Fairwinds Golf Course. The 2004 hurricanes destroyed or severely damaged trees throughout the County, including over 205 on County-owned Fairwinds Golf Course. The County has already trimmed, up- righted or staked those trees that were salvageable. However, destroyed trees have not been replaced due to a lack of budgeted funds. This grant will help begin to replace the significant loss of tree canopy, wind break and wind buffer. One of the items that neither FEMA nor insurance would cover was the replacement of trees. The losttrees had provided shade, wind protection, cool air, and habitatforwildlife as well as aided in reduction of air and noise pollution. In addition, these trees functioned to prevent erosion, trapped and stored rainfall, and contributed significantly to reducing flooding risks. Trees not only provide benefits to the environment but to residents themselves in terms of psychological and aesthetic value, improved livability, and enhanced sense of social community. This grant provides an opportunity to begin to replace some of those valuable trees. """ ~- - k"'t. ...", Attachment G 2005 Emergency Hurricane Supplemental Urban and Community Forestry Grant Program Resolution 05-290 A RESOLUTION BY ST. LUCIE COUNTY, FLORIDA, TO ENTER INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY. WHEREAS, trees, conservation lands and the environment are important parts of our community. WHEREAS, St. Lucie County desires to apply for an Urban and Community Forestry Grant that would provide monies to help fund the replacement of trees that were severely damaged or destroyed during the hurricanes at Fairwinds Golf Course. WHEREAS, St. Lucie County wishes to enter into an Urban and Community Forestry Grant Memorandum of Agreement between St. Lucie County and the Florida Department of Agriculture and Consumer Services. WHEREAS, St. Lucie County wishes to enter into an Urban and Community Forestry Grant Maintenance Memorandum of Agreement between St. Lucie County and the Florida Department of Agriculture and Consumer Services. NOW, THEREFORE BE IT RESOLVED BY THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. The Board of County Commissioners supports the replacement of trees that were severely damaged or destroyed during the hurricanes at Fairwinds Golf Course and the reestablishment of tree canopy, wind breaks and wind buffers. Section 2. The Board of County Commissioners authorizes the Chairman to enter into an Urban and Community Forestry Grant Memorandum of Agreement between St. Lucie County and the Florida Department of Agriculture and Consumer Services. Section 3. The Board of County Commissioners authorizes the Chairman to enter into an Urban and Community Forestry Maintenance Memorandum of Agreement between S1. Lucie County and the Florida Department of Agriculture and Consumer Services. INTRODUCED, PASSED AND ADOPTED THIS DAY OF July 2005. BY: Chair, S1. Lucie County Board of County Commissioners ATTEST: APPROVAL AS TO FORM: Attorney: St. Lucie County Board of County Commissioners County Clerk ... .... ."". ..., ITEM NO. C8A DATE: 7/12/2005 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT ED PARKER, DIRECTOR SUBJECT: Bid #05-048 - Sale of Surplus Computer Equipment BACKGROUND: See Attached memo FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends awarding Bid #05-048 - Sale of Surplus Computer Equipment to the highest bidder, Creative Recycling System Co. for a total amount of $750.00. COMMISSION ACTION: o ANDERSON COUNTY ADMINISTRATOR ()C APPROVED () DENIED f r OTHER Approved 5-0 Coord i nation/Siqnatures County Attorney ( ) ~/ Mgt. & Budget ( ) Other ( ) Purchasing (X) d / Originating Dept. ( ) Other ( ) finance: (check for copy, only if applicable)_ "\ :~ BOARD OF CO~TY COMMISSIONERS ~ PURCHASING DEPARTMENT Ed Parker, Director MEMORANDUM To: Board of County Commissioners Ed Parker, Purchasing Director Q f From: Date: July 12, 2005 Re: Bid #05-048 - Sale of Surplus Computer Equipment *********************************************************************************************************** BACKGROUND: On May 18, 2005 bids were opened for Bid #05-048 - Sale of Surplus Computer Equipment. Four hundred seventy-seven (477) vendors were notified, twenty-one (21) documents were distributed, and two (2) responses were received. Staff recommends awarding Bid #05-048 - Sale of Surplus Computer Equipment to the highest bidder, Creative Recycling System Co. for a total amount of $750.00 t,,~ '-" BOARD OF COUNTY COMMISSIONERS ~ PURCHASING DEPARTMENT ED PARKER, DIRECTOR TABULATION SHEET - BID #05-048 SALE OF SURPLUS COMPUTER EQUIPMENT INFORMATION TECHNOLOGY OPENED: MAY 17, 2005 VENDOR BASE BID CREATIVE RECYCLING SYSTEM CO. $ 750.00 TAMPA, FL FAX: 813-626-1248 AMERICAN ELECTRONIC RECYCLING $ 311.00 BRADENTON, FL FAX: 941-751-9843 NUMBER OF COMPANIES NOTIFIED*: 477 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 21 NUMBER OF BIDS RECEIVED: 2 . PER DEMANDSTAR.COM JOSEPH E. SMITH, District No.1. DOUG COWARD. District No.2. PAULA A. LEWIS, District No.3. FRANNIE HUTHINSON, District No.4' CHRIS CRAFT, District No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce. FL 34982-5652 - Phone (772) 462-1700 - TDD (772) 462-1428 website: WWYV.cQ.st-lucie.fI.us \ .II " .! -...I ITEM NO. C8B DATE: 7/12/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING Ed Parker. Purchasinq Director SUBJECT: Permission to advertise a Request for Proposals for Disaster Debris Monitoring Management and Consulting Services BACKGROUND: See attached memo FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for permission to advertise a Request for Proposals for Disaster Debris Monitoring Management and Consulting Services. COMMISSION ACTION: IXJ APPROVED [] DENIED [ ] OTHER: Approved 5-0 ENCE: Coordination/Signatures County Attorney: (X) )k Mgt. & Budget:( ) Purchasing Dir.: (X)~ r Other: Originating Dept: Other: Finance: (Check for Copy only, if Applicable) .. "" BOARD OF COUNTY COMMISSIONERS 'wi PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners From: Ed Parker, Purchasing Director 4;1 f Date: July 12, 2005 Re: Permission to advertise a Request for Proposals for Disaster Debris Monitoring Management and Consulting Services *********************************************************************************************************** Background: Per attached memo, Staff is requesting permission to advertise a Request for Proposals for Disaster Debris Monitoring Management and Consulting Services. JOSEPH E. SMITH, District No.1. DOUG COWARD, District No.2 + PAULA A LEWIS, District No.3. FRANNIE HUTHINSON, District No.4 + CHRIS CRAFT, District No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TOO (772) 462-1428 website: INWW.CO.st-lucie.f1.us '. "'" (:." r- ""'" ., (. 1./, DIVISION OF ENGINEERING MEMORANDUM 05-141 \,.:, "'" 8 \.,;.--s - TO: Ed Parker, C.P.P.B. - Purchasing Director e/-' ~ Date: Michael Powley, P.E. - County Engineer ANp John Frantp,E, - Senior Project Engineer June 23,2005 ., N ¡--¡-¡ f'-...j ~.:;:~ ~"': r '-" Via: . . :J2 ¡i---' -,,' ., '.¡} \.,J W rr~: FROM: _i .- Subject: Request for Disaster Monitoring, Management and Consulting Services RFP ~ '.:.m .-~--;;.-~~"o,::~· ~~ After the events of hurricanes Frances and Jeanne, it has become evident that a separate contract for Disaster Monitoring, ManaQement and Consulting Services is in the best interest of the County. Attached is a copy of an example RFP issued by Pinellas County, FI for similar services. We would appreciate your assistance in modifying and formatting the RFP for St. Lucie County's use. An electronic file is available in a PDF format, if needed. Engineering will assist you as you deem necessary and would appreciate the opportunity to review the RFP for final editing and approval. w/attachment: Pine lias County RFP - Disaster Debris Monitoring Management & Consulting Services cc w/attachments: Don West, P.E. - Public Works Director Craig Hauschild, P,E. - Capitol Projects Engineer Jack Southord - Public Safety Director .,. \ '-" 'will ITEM NO. cac DATE: 7/12/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING Ed Parker. Purchasinq Director SUBJECT: Permission to advertise an Invitation for Bid (IFB) for EIFS System Removal at Rock Road Jail BACKGROUND: See attached memo FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for permission to advertise an Invitation for Bid (IFB) for EIFS System Removal at Rock Road Jail. COMMISSION ACTION: Approved 5-0 CE: [)à APPROVED [] DENIED [ ] OTHER: ou nderson County Administrator Coordination/Signatures County Attorney: (X) ý Mgt. & Budget:( ) Purchasing Oir.: (X) § / Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable) ,;; ~ BOARD OF COUNTY COMMISSIONERS .., PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners From: Ed Parker, Purchasing Director r;;)\ f Date: July 12, 2005 Re: Permission to advertise an Invitation for Bid (IFB) for EIFS system removal at Rock Road Jail ******************************************************************************************************** Background: Per the attached,memo, Staff is requesting permission to advertise an Invitation for Bid (IFB) for EIFS System Removal at Rock Road Jail. JOSEPH E. SMITH, District No.1' DOUG COWARD, District No.2' PAULA A LEWIS, District No.3' FRANNIE HUTHINSON, District No.4. CHRIS CRAFT, District No.5 County Administrator ~ Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TOO (772) 462-1428 website: WWN.co.st-lucie.fLus , '-" wtI MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: Ed Parker, Purchasing Director Jesse Baxley, Project Coordinator ~ FROM: DATE: June 27, 2005 SUBJECT: EIFS System Removal at Rock Road Jail Request To Go Before BOCC For Approval ............................................................................... Due to water intrusion that has occurred through the walls covered with the EIFS System, located in B4-Dorm and Medical, Rock Road Jail, staff has detennined it will be necessary to remove the system and paint with an industrial coating. Staff will need the Boards approval to go out to bid for this work, funding will be covered by insurance as well as FEMA. Should you need additional information, please contact me with any questions at 462-1259. Thank You "-' ':,f) E3 '-" N -.....¡ .~ , r~···, r.?: - -..., ,. a Ç::) ~. ' '-'" ~ ITEM NO. caD DATE: 7/12/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: EROSION CONTROL DISTRICT PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker, Purchasinq Director SUBJECT: Permission to advertise a Request for Qualification (RFQ) for Attorney Special Master for Code Enforcement Division BACKGROUND: (See Attached Memo) FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of request for permission to advertise a Request for Qualification (RFQ) for Attorney Special Master for Code Enforcement Division. (}() APPROVED ( ) OTHER ( ) DENIED E: COMMISSION ACTION: Approved 5-0 DOUG NDERSON COUNTY ADMINISTRATOR Coord i nation/Si!:lnatures County Attorney (X) x Mgt. & Budget (X) Other ( ) Purchasing (X) ÞI~ Originating Dept. ( ) Other ( ) Finance: (check for copy, only if applicable)_ .... . ;" '-'" "" BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners From: Ed Parker, Purchasing Director GlI f Date: July 12, 2005 Re: Permission to advertise a Request for Qualification (RFQ) for Attorney Special Master for Code Enforcement Division **************************************************************************************************** Background: The Code Enforcement Division is requesting permission to advertise a Request for Qualification (RFQ) for Attorney Special Master. JOSEPH E. SMITH, Distnct No.1. DOUG COWARD, District No.2. PAULA A. LEWIS, District No.3. FRANNIE HUTHINSON, District NO.4. CHRIS CRAFT, District No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TOO (772) 462-1428 web site: W'WW.co.st-lucie.fI.u3 ;;:'1';. .. -, . . Edward Parker - Special ~er --,.__._--~-_.__...,-~----_.__:...., '" .. --~------_.--._--~_._----_.-- --~-- ~ _____Page 1 From: To: Date: Subject: Dennis Bunt Edward Parker 7/5/20053:51:04 PM Special Master Ed, A Special Master acts as a Code Enforcement Board of one. The special master hears code cases and then like a judge rules on that case. They set fines and share the same powers as the Code Enforcement Board. There are standards in hiring a Special Master and you may want to check with Katherine McKenzie-Smith in the Attorney's office as well. If you have any questions please e-mail me thank you. Dennis Bunt Assistant Code Compliance Manager cc: Katherine Smith \, ITEM ~. C8E DATE: 7/12/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT ED PARKER, DIRECTOR SUBJECT: Award of RFP #05-040 - Concession Services BACKGROUND: See Attached memo FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff request permission to negotiate RFP #05-040 - Concession Services with the following vendor, Mira Food Services for the Administrative Complex, permission for the Chairman to sign the contract as prepared by the County Attorney, and reject the proposal from Sterling Facility Services, L.L.C for the South County Regional Sports Stadium. Staff also requests permission to re-advertise the RFP for Lawnwood Stadium and the South County Regional Sports Stadium. (~APPROVED () DENIED ( ) OTHER Approved 5-0 E: COMMISSION ACTION: NDERSON COUNTY ADMINISTRATOR Coordination/Sionatures County Attorney ( ) ~ Mgt. & Budget ( ) Other ( ) Purchasing (X) 4/f1 Originating Dept. ( ) Other ( ) finance: (check for copy, only if applicable)_ BOARD OF CO~Y COMMISSIONERS ..", PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners Ed Parker, Purchasing Director rð1 p From: Date: July 12, 2005 Re: Award of RFP #05-040 - Concession Services *********************************************************************************************************** BACKGROUND: On May 10, 2005 proposals were opened for RFP #05-040 - Concession Services. Four hundred ninety-three (493) vendors were notified, six (6) documents were distributed, and two (2) responses were received. A Selection Committee met on May 25,2005 and again on 6/24/2005 to review the proposals. The Committee met again on June 30, 2005 to consider a revised compensation proposal from Sterling Facility (Attachment C). The committee recommends approval to negotiate with Mira Food Services for the Administrative Complex, permission for the Chairman to sign the contract as prepared by the County Attorney, and reject the revised compensation proposal from Sterling Facility Services, L.L.C for the South County Regional Sports Stadium. Staff also requests permission to re-advertise the RFP for Lawnwood Stadium and the South County Regional Sports Stadium. JOSEPH E. SMITH, District No.1. DOUG COWARD, District No.2. PAULA A. LEWIS, District No.3. FRANNiE HUTHINSON, District No.4. CHRIS CRAFT, District No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TDD (772) 462-1428 website: www.co.st-Iucie.fl.us ~ BOARD OF COUNTY COMMISSIONERS ...", PURCHASING DEPARTMENT ED PARKER, DIRECTOR TABULATION SHEET - BID #05-040 CONCESSION SERVICES PARKS & RECREATION OPENED: 5/10/05 STERLING FACILITY PSL,FL FAX: 772-871-5477 MIRA FOOD SERVICE PSL,FL FAX: 772-461-5069 CONCESSION SITES PERCENTAGES PERCENTAGES HISTORICAL MUSEUM SOUTH CAUSEWAY PARK FT. PIERCE COMM. CENTER LINCOLN PARK COMM. CENTER MARINE CENTER ADMINISTRATIVE COMPLEX LAWNWOOD REC. COMPLEX S. COUNTY REG. SPORTS STADIUM CIVIC CENTER PERCENTAGES = FOOD & NON ALCOHOLIC BEVERAGES I ALCOHOLIC BEVERAGES I FOOD AND ALL BEVERAGES NUMBER OF COMPANIES NOTIFIED': 493 NUMBER OF BID DOCUMENTS DISTRIBUTED': 6 NUMBER OF BIDS RECEIVED: 2 , PER DEMANDSTAR.COM '-' A'ITACHMENT A PROPOSER INFORMATION ...,,¡ PART V 5.1 PROPOSER INFORMA TlON FORM Submitted by: Signature: Name (Typed): Address: City/State: (-TY~\ 'ßÎ 1)- 3\ ~l (ll~ l\lo\- SO(o <1 Telephone: Fax: It is understood and agreed by proposer that the County reserves the right to reject any and all proposals, to make awards on all items or any items according to the best interest of the County, and to waive any irregularities in the RFP or in the proposals received as a result of the RFP. It is also understood and agreed by the proposer that by submitting a proposal, proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. ~M </lç /( te) Proposer must sign below to acknowledge receipt of addendum (if necessary). Amendment No.1: Amendment No.2: Amendment No.3: RFP #05-040 CONCESSION SERVICES 17 A'ITACHMENT B .J '-' May 9, 2005 To Whom It May Concern, I, Michele Loffredo, president of MIRA Food Services Mly understand the scope of work involved in this proposaL My husband Ralph Lofftedo will be the manager of the operation. Telephone #772 878-3127. Address - 4938 N. W. Foxworth Avenue, Port S1. Lucie 34983. Ralph will maintain the day to day operation. Ralph has had 10 years of experience in the food industry. He has managed deli/convenience stores as well as run the county facility for approximately 3 years. Ralph is capable òf running the facility and looks forward to expanding the menu to increase the sales figures. S1. Lucie County is already aware of the product that is generated from our facility. We plan on ma.1ång improvements to the menu. The facility is maintained in a neat, clean manner and will continue to be kept as so. I propose 10% of the net profits to 81. Lucie County. References as follows: Roma Bakery Albert Brancacchio Port S1. Lucie (772)878-7499 NJB Provisions Sandy Campbell (772)461-1581 Carol Cohen (772)873-9811 James Albert (772)785-9787 Theresa Collura (772)216-8914 - - "", ATI'ACHMENT C ...J ~$E!l.Æ ~~- STERLING FACILITY SERVICES, L.L.C June 28, 2005 Ed Parker St. Lucie County Purchasing Department Administration Annex 2300 Virginia Ave., Room 228 Fort Pierce, Fl34982 Dear Mr. Parker, Per our conversation, Sterling Facility Services, L.L.C would like to propose a revenue sharing percentage of 7.5% of SFS' s gross sales receipts, (including amounts received by SFS from any sub-contractors), to St. Lucie County from all events programmed at the South County Regional Sports Stadium. This proposal is contingent on the facility meeting all necessary structural and utility requirements needed by SFS to operate. This proposal is submitted without prejudice to or waiver of any position of SFS with regard to the South County Regional Sports Stadium. Thank you for you time and cooperation. r-> 'r_ 8 V"I - , .. '"-- .~ .,1 ,.¿,) p ~.~>-,. CO) ~/j t-:-: ~.~ .--. ,- .c" c. --._~ - -, =.s: -~~~, ,~.. ,.~-'. '--< ~ \.IJ 0- r-:--, ~ - - 523 NW Peacock Blvd. . Port St. Lucie, Florida 34986· (772) 871-5473 . Fax (772) 871-5477 .~" ITEM N~ C8F DATE: 7/12/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT ED PARKER. DIRECTOR SUBJECT: Award of RFP #05-060 - Preventive Maintenance Services for Cars and Pickup Trucks BACKGROUND: See Attached memo FUNDS AVAILABLE: Various department accounts PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval to award RFP #05-060 - Preventive Maintenance Services for Cars and Pickup Trucks to Steve Barnett and permission for the Chairman to sign the contract as prepared by the County Attorney. Approved 5-0 G ANDERSON COUNTY ADMINISTRATOR COMMISSION ACTION: ~ APPROVED () DENIED ( ) OTHER Coord ¡nation/S iqn atures C,"oty Altomey ( ) L Originating Dept. ( ) Mgt. & Budget ( ) Other ( ) Purchasing (X) d ¡ó' Other ( ) finance: (check for copy, only if applicable)_ 'r BOARD OF CObt(TY COMMISSIONERS .."" PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners Ed Parker, Purchasing Director tJ f From: Date: July 12, 2005 Re: Award of RFP #05-060 - Preventive Maintenance Services for Cars and Pickup Trucks *********************************************************************************************************** BACKGROUND: On June 1, 2005 proposals were opened for RFP #05-060 - Preventive Maintenance Services for Cars and Pickup Trucks. One hundred fifteen (115) vendors were notified, seven (7) documents were distributed, and two (2) responses were received. A Selection Committee met on June 27, 2005 to review and rank the proposals. Chuck Padrick prepared a six (6) month cost comparison of the two proposals showing Steve Barnett Inc to have the best savings for the County. (Attachment A). The proposals were ranked as follows: 1. Steve Barnett Inc - 300 points 2. Sunrise Ford - 255 points The committee unanimously voted to award a contract to Steve Barnett Inc. Local vendors Johnson Chrysler, Rick Starr, Roger Dean and Charlie's Dodge were sent bid notices. JOSEPH E. SMITH, District No.1. DOUG COWARD, District No.2. PAULA A LEWIS, District No.3. FRANNIE HUTHINSON, District No.4. CHRIS CRAFT, District No, 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 ~ Phone (772) 462-1700 - TOO (772) 462-1428 website: V\fW\AI.co.st-lucie.fI.us " '-' BOARD OF COUNTY COMMISSIONERS '-' PURCHASING DEPARTMENT ED PARKER, DIRECTOR REVISED TABULATION SHEET - RFP #05-060 PREVENTIVE MAINTENANCE SERVICES FOR CARS AND PICK UP TRUCKS CENTRAL SERVICES - OPENED: 6/1/2005 STEVE BARNETT, INC. SUNRISE FORD DESCRIPTION FAX: 468-6060 FAX: 468-1355 Normal Preventive Maintenance Service Charge for Autos and Pickups based on five (5) quarts of oil and oil filter. 17.99 17.95 Estimated Downtime: 13 MIN. NONE LISTED If more than five (5) quarts of motor oil required, price per additional au art. 1.49 1.30 Fuel filter for diesels - replace each time diesel vehicle is serviced. 16.99 65.00 Fuel filter for gasoline enqines - replace if needed 10.99 40.00 Air filter for diesels - replace each time diesel vehicle is serviced 14.99 22.00 Air Fiiter for qasoline enqines - replace if needed. 14.99 1500 - Transmission Fluid, Filter and Gasket 69.95 89.95 Estimated Downtime: 1 HR. 1.5 HRS Transmission Flush for Autos and Pickups 59.95 119.00 Estimated Downtime: 1HR. 1.5 HRS Single Wheel - Remove wheels and check brake pads, cylinder and drums, 8.99 N/C and report if needed. Rotate tires if needed. Estimated Downtime: 15 MIN. 15 MIN. Dual Wheel - Remove wheels and check brake pads, cylinder and drums, and 8.99 N/C report if needed. Rotate tires if needed. ¡ Estimated Downtime: 15MIN. 30 MIN. Windshield Wiper Blades, 18 - inch, replace if needed 5.99 16.00 Windshield Wiper Blades, 22-inch, replace if needed 599 20.00 Sianal Liqht Bulbs, replace if needed 3.50 13.00 Clearance Liqht Bulbs, replace if needed 3.50 11,50 Parkinq Lic¡ht Bulbs, reDlace if needed 3.50 1400 Headliqht Bulbs, replace if needed 14.99 24.00 NUMBER OF COMPANIES NOTIFIED': 115 NUMBER OF BID DOCUMENTS DISTRIBUTED': 7 NUMBER OF BIDS RECEIVED: 2 , PER DEMANDSTARCOM JOSEPH E SMITH District No 1. DOUG COWARD, District No.2. PAULA A. LEWIS, District No.3. FRANNIE HUTHINSON, District No.4 + CHRIS CRAFT, District No.5 . ,. County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TDD (772) 462-1428 website: www.co.st-Jucie.fl.us 0 '-" ...; 0 5: 5: -I -I m m 5: m 5: ~r ;:0 ." 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AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING Ed Parker. Purchasinq Director SUBJECT: Permission to advertise an Invitation for Bid (IFB) for Security Camera System BACKGROUND: See attached memo FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for permission to advertise an Invitation for Bid (lFB) for Security Camera System. [)q APPROVED [] DENIED [ ] OTHER: Approved 5-0 NCE: COMMISSION ACTION: o 9 nderson County Administrator J, Coordination/Signatures County Attorney: (X) Mgt. & Budget( ) Purchasing Oir.: (X) P r Originating Oept: Other: Other: Finance: (Check for Copy only, if Applicable) ,..\ , ...... BOARD OF COUNTY COMMISSIONERS '-' PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners From: Ed Parker, Purchasing Director 61ff Date: July 12, 2005 Re: Permission to advertise an Invitation for Bid (IFB) for Security Camera System ******************************************************************************************************** Background: Perthe attached email, Staff is requesting permission to advertise an Invitation for Bid (IFB) for Security Camera System. JOSEPH E. SMITH, District No.1. DOUG COWARD, District No, 2. PAULA A LEWIS, District No.3' FRANNIE HUTHINSON, District No.4. CHRIS CRAFT, District No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TOO (772) 462-1428 website: mJ'N.co.st~ ucie.fI.us '. '--' "'" Page 1 of 1 Edward Parker - RFP for Security Cameras From: To: Date: Subject: cc: William Martin Edward Parker 7/5/20053:27 PM RFP for Security Cameras Dennis WETZEL; Roger A Shinn .' _.._...._...._._.._"~ "_____.. .._.M___..__~_.__._._____.___._~_____ ___,_. "..----........-. ...__.,--..-------_._._._---_._"...__....,-_._-_._~--~------~-~-- Ed, Please ask the Board at the July 12 meeting to advertise the RFP for the Security Camera System at EOC and the Administration Building. The Camera system is due to the excessive amount of thefts and vandalism outside the Administration Building area. This will be used for the purpose of security and safety. This system can also be used to monitor damage in the event of a hurricane providing the system is operational. Jack at the EOC is requesting a perimeter system to meet Homeland Security requirements for an EOC. This system would be able to tie together with ours and be monitored from the EOC. This would provide a 24hr security guard. Funding for the EOC system will come from security grants from Homeland Security. Funding for the Admin building I believe will come from Administration. They were the ones to have Roger pursue this. I think this will get the ball rolling. If you have any questions please call me. William Martin Security Administrator Information Technology St. Lucie County 2300 Virginia Ave. Ft. Pierce, FI. 34982 marti nw(â)stlucieco. gov Office:772-462-1859 file:IIC: \Documents %2 Oand%20Settings\Administrator\Local %20 Settings \ Temp \GW} 0000... 7/5/2005 ",~ ITEM t'-'.....J C8H DATE: 7/12/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker, Purchasinq Director SUBJECT: Work Authorization NO.7 for Contract C03-02-235 with Hazen and Sawyer, P.C. for Capron Trail Park in Lakewood Park for the St. Lucie County Parks and Recreation Department BACKGROUND: See attached FUNDS AVAILABLE: Account #129-7210-563000-76019 - Improvements other than Buildings PREVIOUS ACTION: Board awarded the Continuing contract for Engineering Services to Hazen & Sawyer, P.C. on February 25, 2003 and the Board approved the first extension to the Contract on February 8, 2005. RECOMMENDATION: Staff recommends approval of Work Authorization NO.7 to Contract C03-02- 235 with Hazen and Sawyer in the amount of $ 78,500.00 and authorization for the Chairman to sign the work authorization as prepared by the County Attorney. Approved 5-0 o NDERSON COUNTY ADMINISTRATOR COMMISSION ACTION: ()() APPROVED () DENIED ( ) OTHER County Attorney (X) jr Coord i nationfSiq natures Mgt. & Budget (X) ¡.(~.( IVnWl~l~urchaSing (X) ¿;¡ t Originating Dept. ( ) Other ( ) Other ( ) Finance: (check for copy, only if applicable)_ BOARD OF COLLY COMMISSIONERS ...." PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners Ed Parker, Purchasing Director E;) f Date: July 12, 2005 From: Re: Work Authorization No.7 to Contract C03-02-235 with Hazen and Sawyer, P.C. for Capron Trail Park in Lakewood Park for the S1. Lucie County Parks and Recreation Department *********************************************************************************************************** The attached Work Authorization No.7 for Contract C03-02-235 with Hazen & Sawyer, P.C. is for the S.R. 607 widening design and the required FDOT permitting for the ongoing project at Capron Trail Park in Lakewood Park in the amount of $78,500.00. '-' 'wi WORK AUTHORIZATION NO. 7 Engineering Services C03-02-235 St. Lucie County Parks and Recreation Department Capron Trail Park in Lakewood Park Pursuant to that certain Agreement Between County and Engineer for Continuing Professional Engineering Services (the "Agreement") between St. Lucie County (the "County") and Hazen and Sawyer, P.C., Inc., (the "Engineer") dated February 25, 2003, hereby agrees to provide professional engineering services under the terms and conditions set forth in the Scope of Work, attached hereto and made a part hereof as Exhibit" A" . IN WITNESS WHEREOF I the County and the Engineer have executed this Work Authorization, effective this day of , 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: HAZEN AND SAWYER, P.C. BY: Print Name: Albert Muniz, P.E. Title: Vice President \w EXHIBIT "Au '-' CAPRON TRAIL PARK IN LAKEWOOD PARK ST. LUCIE COUNTY PARKS AND RECREATION DEPARTMENT ADDITIONAL ENGINEERING SERVICES SCOPE OF WORK Specific portions of the site development and permitting for this multi-purpose regional recreation facility were completed by Hazen and Sawyer, P.C. (H&S). Recreational Design and Construction, Inc. (ROC) is the Design-Build contractor for this project. Certain permitting and design tasks for the project remain that must be completed before substantial construction can commence. Specifically, these tasks include: · Design and permitting for the widening of State Road 607 (Emerson Avenue) mandated by FOOT; · Assisting ROC in the acquisition of a St. Lucie County Health Department permit for the proposed Onsite Sewage Treatment and Disposal System (OSTDS); · Cooperative effort with ROC in the modification of a past Water Use Permit application; and · Ongoing coordination with ROC, the COUNTY, and applicable regulatory agencies during ROC's own permitting efforts, including miscellaneous additional services. The COUNTY has requested a proposal from Hazen and Sawyer, P.C. (ENGINEER) to address these requirements. Task 1 - Coordination Meeting Prior to commencing the remaining tasks, the ENGINEER shall request and schedule a meeting for the purposes of acquiring all information, data, documents, etc. pertinent to the redesign of S.R. 607. Attendees are anticipated to include ROC, their subconsultant(s), and the ENGINEER. Task 2 - S.R. 607 Widening and FOOT Permitting ROC has previously submitted a Florida Department of Transportation (FOOT) Driveway Connection Permit application for the proposed connection of the project's new entrance road to the existing State Road 607 (Emerson Ave). During their permit application review process, FOOT concluded that turn lanes and a bicycle lane must be added to S.R. 607 in the vicinity of the proposed two-way entrance road in order to obtain a permanent Driveway Connection Permit. ROC has since obtained a temporary Driveway Connection Permit, and the ENGINEER has now been tasked with obtaining a permanent Driveway Connection Permit in conjunction with a design for the widening of S.R. 607 in accordance with FOOT requirements. In addition, the ENGINEER shall address the potential need to obtain a FOOT Drainage Connection Permit. The ENGINEER shall complete a topographic survey encompassing the intersection between S.R. 607 (Emerson Avenue) and the proposed two-way entrance road for the project. This OA1017-001 C002:06-10-05 Page 1 of 6 '- 'wi survey shall include all necessary elements and shall be of the appropriate extent to facilitate the remaining tasks below. The ENGINEER shall obtain right-of-way, easement, and property information in the appropriate vicinity of the proposed intersection, and shall evaluate the COUNTY's need to acquire additional property or other rights to accommodate all project elements. The ENGINEER shall submit a memorandum to the COUNTY detailing the results of the evaluation and subsequent recommendations as necessary. The ENGINEER shall prepare a design for the widening of S.R. 607 (Emerson Avenue) at its proposed intersection with a new two-way entrance road to the project. In accordance with FOOT requirements and other Federal, State, and local regulations as applicable, this task shall include the addition of a left-turn lane, right-turn lane, and a bicycle lane, along with appropriate widening of S.R. 607 within the extents of the intersection. Additional design services shall include the production of construction drawings, including the cross sections, details, and notes required by FOOT. This task shall also include the preparation of a property ownership or plat map, traffic circulation plan and parking layout as required by FOOT for permitting, final traffic control devices, maintenance of traffic (MOT) control notes and/or plan. ENGINEER shall modify existing Fort Pierce Farms Water Control District (FPFWCO) and South Florida Water Management District (SFWMD) surface water management permits and shall obtain the necessary FPFWCD and SFWMD permits for the project on behalf of the COUNTY. ENGINEER shall respond to up to two (2) requests for additional information from both FPFWCO and SFWMD and shall coordinate with the COUNTY as necessary in its efforts to obtain said permits on behalf of the COUNTY. The ENGINEER shall also have periodic communications as necessary with regulatory agencies, the COUNTY, and/or other parties involved in order to clarify the permit applications, requests for additional information, and/or responses to requests for additional information. ENGINEER shall pay all associated permit fees. The ENGINEER shall prepare and submit a permanent Driveway Connection Permit application to FOOT, in accordance with the S.R. 607 widening detailed above and FOOT requirements. Prior to such submittal, the ENGINEER shall coordinate the permit application with FOOT. It is anticipated that a traffic impact report shall be required, and, if so, the ENGINEER shall obtain such information before the submittal. Furthermore, after such submittal, the ENGINEER shall respond to up to t\ll/O (2) requests for additional information from FOOT and shall coordinate with ROC and the COUNTY as necessary in its efforts to obtain said permit. The ENGINEER shall also have periodic communications as necessary with the COUNTY, FOOT, ROC, and/or other parties involved in order to clarify the permit application, request for additional information, and/or responses to request for additional information. The ENGINEER shall schedule and attend a pre-application meeting with FOOT in order to investigate applicable FOOT requirements that may necessitate a Drainage Connection Permit for the project. If such a permit is deemed necessary, the ENGINEER shall prepare and submit a Drainage Connection Permit application to FOOT, and furthermore shall respond to up to two (2) requests for additional information from FOOT and shall coordinate with ROC and the COUNTY as necessary in its efforts to obtain said permit. The ENGINEER shall also have periodic communications as necessary with the COUNTY, FOOT, ROC, and/or other parties involved in order to clarify the permit application, request for additional information, and/or responses to request for additional information. 0:41017-001 C002:06-10-05 Page 2 of 6 '-' .....1 Task 3 - SLC Health Department Permitting The ENGINEER shall assist RDC in the preparation of St. Lucie County Health Department (SLC-HD) permit applications and related forms for approval of the OSTDS previously designed by the ENGINEER and included in the Site Development drawings submitted to the COUNTY and RDC. Furthermore, the ENGINEER shall assist RDC in responding to up to two (2) requests for additional information from SLC-HD and shall coordinate with RDC and the COUNTY as necessary in its efforts to obtain said permit. The ENGINEER shall also have periodic communications as necessary with the COUNTY, SLC-HD, RDC, and/or other parties involved in order to clarify the permit applications and forms, request for additional information, and/or responses to request for additional information. Task 4 - SFWMD Water Use Permitting On behalf of the COUNTY, the ENGINEER shall coordinate the efforts of RDC with the SFWMD Water Use Division for the purposes of modifying a Water Use Permit application (No. 040816-3) originally submitted by the ENGINEER. Specifically, RDC seeks to modify the permit for project irrigation purposes only. The ENGINEER has previously supplied RDC with a copy of the original application documents. The ENGINEER and RDC shall correspond with SFWMD as necessary for this purpose. RDC shall be solely responsible for all document modification, subsequent submittals, scheduling, irrigation system design and modeling, and responses to requests for additional information. In the event SFWMD concludes that this Water Use Permit application can not be modified to this extent, the ENGINEER shall withdraw the application on the behalf of the COUNTY. The ENGINEER shall then seek a reimbursement (by SFWMD) of the past application fee on behalf of the COUNTY. Furthermore, in this case, RDC shall separately seek a Water Use Permit for their proposed irrigation system. Task 5 - Contract Document Preparation The ENGINEER shall prepare Contract Documents, including Drawings and Technical Specifications, so that the design elements and functional intent of the S.R. 607 widening design are adequately represented therein. The ENGINEER shall produce final design drawings and shall provide two (2) sets of signed and sealed (by the appropriate Florida Registered Professional Engineer(s» drawings to both the COUNTY and RDC. The ENGINEER shall also furnish one (1) set of electronic drawing files to both the COUNTY and ROC. Task 6 - Miscellaneous Coordination and Services Within all contractual scopes of work, the ENGINEER shall continue to coordinate with RDC and to provide reproduction services for their permitting efforts. For example, the ENGINEER has provided signed/dated/sealed Site Development drawings to RDC for: SLC clearing and grubbing permit; SLC building permit; and SLC Development Review Committee (DRC) review and approval. In the future, the ENGINEER anticipates similar requests for a SLC stormwater permit and an FDEP water service permit. OA 1 017-001 C002:06-1 0-05 Page 3 of 6 ~ -...J Assumptions 1. COUNTY or ROC shall pay all permit application/processing fees, except as noted only for FPFWCO and SFWMO permitting in Task 2. 2. This proposal includes no bidding or construction services. 3. The proposed project involves no wetland impacts. 4. No cost estimates shall be produced as part of this scope of work. 5. The COUNTY, FOOT, ROC, and/or other parties involved shall submit requested documents, drawings, etc. pertaining to the tasks described above at no expense to the ENGINEER. Any such expenses shall be paid by the COUNTY on behalf of the ENGINEER. 0:41017-001 C002.06-10-05 Page 4 of 6 ~ ....J CAPRON TRAIL PARK IN LAKEWOOD PARK ST. LUCIE COUNTY PARKS AND RECREATION DEPARTMENT ADDITIONAL ENGINEERING SERVICES MILESTONE SCHEDULE Com lete S.R. 607 Widenin Com letion Date Three weeks after Notice-to-Proceed Six weeks after Notice-to-Proceed Six weeks after Notice-to-Proceed Six weeks after Notice-to-Proceed Dependent upon ROC Dependent upon ROC Eight weeks after Notice-to-Proceed Dependent upon ROC Dependent upon request(s) for information Submit FPFWCD and SFWMD Permit A lications Submit SLC-HD Permit Applications and Forms Submit SFWMD WUP A lication Modification Miscellaneous Coordination and Services 0:41017-001 C002:06-10-05 Page 5 of 6 -.,. ....,J CAPRON TRAIL PARK IN LAKEWOOD PARK ST. LUCIE COUNTY PARKS AND RECREATION DEPARTMENT ADDITIONAL ENGINEERING SERVICES BUDGET Item Amount Task 1 - Coordination Meeting Task 2 - SR. 607 Widening Design and Permitting Task 3 - SLC Health Department Permitting Task 4 - SFWMD Water Use Permitting Task 5 - Contract Document Preparation Task 6 - Miscellaneous Coordination and Services Reimbursables TOTAL $ 700 $ 54,700 $ 4,300 $ 2,400 $ 11,000 $ 3,400 $ 2.000 $ 78,500 O:41017-001C002:06-10-05 Page 6 of 6 · AGENDA REQUEST ""'. ITEM NO. C.c:r~ DATE: July 12, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): ENGINEERING DIVISION 4115 SUBJECT: Accept the Florida Highway Administration Grant and Budget Resolution No. 05-271 in the amount of $10,845,011.50 (Hurricane Jeanne). BACKGROUND: Please see attached memorandum. FUNDS AVAIL. Funds will be made available in 101109-4115-546300-1902 Federal Highway Administration Grant/Engineering. PREVIOUS ACTION: 4/5/05 - Board approved the Emergency JPA with the Florida Department of Transportation in the amount of $10,845,011.50 for repairs to County roads damaged by Hurricane Jeanne. RECOMMENDATION: Staff recommends approval of Budget Resolution No. 05-271 and establishment of a budget for grant proceeds from the Federal Highway Administration in the amount of $10,845,011.50, and signature by the Chairman. COMMISSION ACTION: bCJ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [ x ¡County Attorney [x ]Originaling Depl. Public Works~' []Finance I' FHA Grant Hurricane Jeanne Anyone with a disability requiring accommodation to attend this meeting should contact the 51. Lucie County Community Services Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting. :Y [x]MgI. & Bud [x]Co. Eng MÝJ (x]F$calcoom~ ( )Other , 'I "-' ....I DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: DATE: Mike Powley, County Engineer July 12, 2005 SUBJECT: Accept the Florida Highway Administration Grant and Budget Resolution No. 05-271 in the amount of $10,845,011.50 BACKGROUND The attached Budget Resolution 05-271 is for the establishment of a budget for grant proceeds from the Federal Highway Administration Grant in the amount of $10,845.011.50. ¡, ~ ~ ...,.I RESOLUTION NO. 05-271 WHEREAS, subsequent to the adoption of the budget for the St. Lucie County Board of County Commissioners, certain funds not anticipated at the time of adoption have become available from the Federal Highway Administration (FHWA) in the amount of $10,845,011.50 for damaged roads during Hurricane Jeanne. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County 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 12th day of July, 2005, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2004-2005, and the budget for the St. Lucie County Board of County Commissioners is hereby amended as follows: REVENUES 101109-4115-331130-1902 Federal Highway Administration $10,845,012 APPROPRIATIONS 101109-4115-546300-1902 Grounds Maintenance $10,845,012 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson Commissioner Doug Coward, Vice Chairperson Commissioner Chris Craft Commissioner Paula Lewis Commissioner Joseph E. Smith xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 12th DAY OF JULY, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY J" --:-,-\.. AGENDA REQUEST -' ITEM NO. C- q b DATE: July 12, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ENGINEERING DIVISION 4115 SUBJECT: Accept the Florida Highway Administration Grant and Budget Resolution No. 05-270 in the amount of $12,952,573 (Hurricane Frances). BACKGROUND: Please see attached memorandum. FUNDS AVAIL. Funds will be made available in 101108-4115-546300-190026 Federal Highway Administration Grant/Engineering. PREVIOUS ACTION: 4/5/05 - Board approved the Emergency JPA with the Florida Department of Transportation in the amount of $12,952,573 for repairs to County roads damaged by Hurricane Frances. RECOMMENDATION: Staff recommends approval of Budget Resolution No. 05-270 and establishment of a budget for grant proceeds from the Federal Highway Administration in the amount of $12,952,573, and signature by the Chairman. bd APPROVED r1 OTHER: Approved 5-0 [ ] DENIED COMMISSION ACTION: ou sM. Anderson County Administrator [ x )County Attorney ):' [x )Originating Dept. Public wOr\(S~ [ ]Finance FHA Grant Hurricane Frances Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting. Coordination/SiGnatures [x )Mgt. & BudgJ ð~ [x)Co. Eng Mv¡;rrr:s:- [x jFiscal Coord ßE'rrl [jOther Î . '-' 'WI DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer DATE: July 12, 2005 SUBJECT: Accept the Florida Highway Administration Grant and Budget Resolution No. 05-270 in the amount of $12,952,573 BACKGROUND The attached Budget Resolution 05-270 is for the establishment of a budget for grant proceeds from the Federal Highway Administration Grant in the amount of $12,952.573.00. . --. -.. . . \ '-' .,; RESOLUTION NO. 05-270 WHEREAS, subsequent to the adoption of the budget for the St. Lucie County Board of County Commissioners, certain funds not anticipated at the time of adoption have become available from the Federal Highway Administration (FHWA) in the amount of $12,952,573 to restore roads damaged during Hurricane Frances. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County 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 12th day of July, 2005, pursuant to Section 129.06 (d), Florida Statutes. such funds are hereby appropriated for the fiscal year 2004-2005, and the budget for the St. Lucie County Board of County Commissioners is hereby amended as follows: REVENUES 101108-4115-331130-190026 APPROPRIATIONS 101108-4115-546300-190026 Federal Highway Administration $12.952,573 Grounds Maintenance $12,952,573 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson Commissioner Doug Coward, Vice Chairperson Commissioner Chris Craft Commissioner Paula Lewis Commissioner Joseph E. Smith xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 12th DAY OF JULY, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY .......... , . AGENDA REQUEST ...", ITEM NO. C9C DATE: July 12, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX ] SUBMITTED BY(DEPT): ENGINEERING DEPT PRESENTED BY: ;~d-i.~ I Michael owley, P . , County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Greenacres M.S.B.U. Potable Water Improvements - FPUA Request Permission to Advertise Second Public Hearing BACKGROUND: See attached memorandum FUNDS AVAIL. (State type & No. of transaction or N/A): N/A PREVIOUS ACTION: July 13, 2004 - Board accepted the petition and granted permission to advertise the l[1itial Public Hearing. August 17, 2004 -Initial Public Hearing held. Board created MSBU and authorized the County Engineer to proceed with project. May 24, 2005- Board approved Interlocal Agreement between St. Lucie County, City of Fort Pierce and the Fort Pierce Utilities Authority RECOMMENDATION: Staff recommends that the Board grant permission to advertise the Second Public Hearing to be held on August 1611at 6:00p.m., or soon thereafter as the matter may be heard. ~5 COMMISSION ACTION: pc¡ APPROVED [] DENIED [ ] OTHER: ed 5-0 Approv ouglas M. Anderson County Administrator Coord inatlon/Sia natu res [x]Public Works Dir ~ ~rJ\· ( [ ]Mgt. & Budget [ ]purchasing [x]County Attorney Ix ¡Co. Eng MVp [x]MSBU Coor 12 p [ ]Finance - ~ . '- '-' COMMISSION REVIEW: July 12, 2005 ENGINEERING MEMORANDUM No. 05-034 TO: FROM: DATE: SUBJECT: Board of County Commissioners Michael Powley, County Engineer µVp June 29,2005 Greenacres M.S.B.U. - Potable Water Improvements ( FPUA) Request Permission to Advertise the Second Public Hearing BACKGROUND In 2003, residents in the Greenacres Subdivision submitted petitions to St. Lucie County to create a special assessment district for the purpose of providing a public water/fire protection distribution system. On June 24, 2004, an informal meeting was held with the residents to explain the MSBU process, preliminary design, annexation issues, and to provide the residents with a rough estimate ofthe project cost. At the meeting, residents expressed their growing concern over contaminated wells in their neighborhood and eagerly await the ability to have public water service available. On August 17, 2004, the St. Lucie County Board of County Commissioners created the Greenacres Municipal Services Benefit Unit (the "Greenacres MSBU) and authorized the design, permitting and bidding of the Project. The project design and permitting is complete, and bids have been received. A ten (10%) contingency is included in the cost, and if not utilized, the final assessment amount will be adjusted accordingly On June 15, 2005, property owners were notified by mail of their tentative assessment and that the Second Informal Meeting would be held on June 29th to discuss the project. County staff and FPUA Utilities representatives were on hand to discuss the construction design, method of assessment and tentative project cost. RECOMMENDATION Staff recommends that the Board grant permission to advertise the Second Public Hearing to be held on August 16, 2005, at 6:00p.m., or soon thereafter as the matter may be heard. Attachments (1) cc: Staff Concurring -... '. ... '\.,. Green Acres MSBU Water - FPUA C:1,ìf{'f>:?·,)Ú,;,:'I\ 5.11 Ac o 10,21 Ac .. - W.E S 375 500 ..., 5è-~....,;" a,~ GIS _~_~. 125 250 Feet " , " 1235 '" '" ." LANE LAND 1- ~ ~ '" . DEANNA LANE °odJ 331 Be June 7, 2004 D Q . Q ~ . 0 Q Z Z 0 0 LANE ~ " ~ w . > I V . 00 " .. MARGARET ANN LANE c;:;=¡ "'44: '>J("2~- '_';~'¡" ',,< 'J'';~ :-f'lOur;, 1.65Ac 2.1SAc 26192 Ö~2552 o ST LUCIE BOULEVARD o no.. LL..~, 1:< Q r !: -i. 'I" :i- Ir,'-.> Nr i I , i i o , "' .. J ~ ,~¡.':~; , 1.42 Ac 2&75 3!125 3422!; !')¡ ¡·.n,Xi·: 'UI-"';~ 1_0.6.c mm......,__...___ 31215 - AGENDA REQUEST ,..." ITEM NO. C9D DATE: July 12, 2005 REGULAR [ ] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~~~ ( Donald B. est, P.E. Public Works Director SUBMITTED BY (DEPT): PUBLIC WORKS SUBJECT: Solid Waste Initial Assessment Resolution No. 05-273 Request Permission to Advertise Public Hearing BACKGROUND: See attached memorandum FUNDS AVAIL. (State type & No. of transaction or N/A): N/A PREVIOUS ACTION: September 14, 2004 - Board adopted Resolution No. 04-255 for the 2004 Final Assessment Resolution. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 05-273, a Solid Waste Initial Assessment Resolution and grant permission to advertise a public hearing on August 16,2005 at 6:00p.m. or soon thereafter as the matter may be heard. COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: Approved 5-0 u s M. Anderson County Administrator [x]County Attorney [x]Co Eng MVp ~ Coordination/SionaflJrcs [ ]Mgt. & Budget [x ]MSBU Coor eP [ ]Purchas i ng [x]Solid Waste Mgr ~ [ ]Finance · ~ COMMISSION REVIEW: July 12, 2005 MSBU MEMORANDUM NO. 05-033 .."",¡ TO: FROM: DATE: Board of County Commissioners Donald B. West, Public Works Director June 27, 2005 SUBJECT: Solid Waste Initial Assessment Resolution No. 05-273 Request Permission to Advertise Public Hearing BACKGROUND Pursuant to Chapter 1-9, Code of Ordinances and Compiles Laws of St. Lucie County, the Board has the authority to impose annual solid waste service assessments for solid waste collection, disposal and administrative services, facilities or programs against certain assessed property within St. Lucie County. On August 3, 2004, the Board adopted Resolution No. 04-201 (the "Initial Assessment Resolution") authorizing the imposition of recurring annual solid waste service assessments within the County Solid Waste Urban Service Area. Said resolution contained a brief and general description of the Solid Waste collection, disposal and administrative services, facilities or programs to be provided to assessed property, described the method of apportioning the Solid Waste Costs to compute the Solid Waste Service Assessment against residential property, designating a rate of assessment of $170.88 for each dwelling unit, and directing the preparation of the Assessment Roll for the fiscal year commencing October 1, 2004. On September 14, 2004, after receiving and considering all comments on a solid waste service assessment, the Board adopted Resolution No. 04-255, (the "Final Assessment Resolution") confirming the imposition of a recurring annual Solid Waste Service Assessment for residential waste and recyclable materials management, collection and disposal, and collected using the uniform method of collection for non-ad valorem special assessments. The attached Resolution No. 05-273 authorizes the Board to impose Solid Waste Service Assessments for the fiscal year commencing October 1, 2005 and directs the County Administrator to prepare an Initial Assessment Roll for said fiscal year to be collected using the uniform method of collecting assessments on the 2005 property tax bill. The designated rate of assessment is reconfirmed at $170.88 per dwelling unit. '-" ...., Two (2) Initial Assessment Rolls will be prepared as follows: 1) Initial Assessment Roll "A" will contain residential property as 1) defined by the property appraiser's database, including properties with a Certificate of Occupancy issued between August 1, 2004 and May 31, 2005 and 2) all known errors and omissions that have been filed to date with the St. Lucie County Tax Collector. 2) Initial Assessment Roll "B" will contain residential properties that were 1) erroneously omitted from the prior year's Solid Waste Service Assessment, and 2) did not pay their fee upon issuance of a certificate of occupancy. RECOMMENDA TION Staff recommends that the Board adopt Solid Waste Initial Assessment Resolution No. 05- 273 as drafted and grant permission to advertise a public hearing on August 16, 2005 at 6:00p.m. or soon thereafter as the matter may be heard. Attachments (1) resolution cc: Staff Concurring Tax Collector Linda Smith, Tax Collector Database Supervisor Property Appraiser ~ 1 ST. LUCIE COUNTY, FLORIDA INITIAL ASSESSMENT RESOLUTION SOLID WASTE ADOPTED JULY 12, 2005 ...." SECTION 1. SECTION 2. SECTION 3. SECTION 4. SECTION 5. SECTION 6. SECTION 7. SECTION 8. SECTION 9. SECTION 10. APPENDIX A. APPENDIX B. APPENDIX C. '-' ....., TABLE OF CONTENTS Page AUTHORITY. ....... .............................. ................ ................................. ............ ...1 PURPOSE AND DEFINITIONS...................................................................... 1 LEGISLATIVE DETERMINA TIONS.............................................................10 SOLID WASTE COLLECTION AND DISPOSAL SERVICES. ................14 DETERMINATION OF SOLID WASTE COST; ESTABLISHMENT OF INITIAL SOLID WASTE SERVICE ASSESSMENTS. ..............................15 ASSESSMENT ROLL. ..·....·...........................................................................16 AUTHORIZATION OF PUBLIC HEARING. ................................................17 NOTICE BY PUBLICATION. .........................................................................17 NOTICE BY MAIL. ..........................................................................................17 EFFECTIVE DATE. .........................................................................................18 DESCRIPTION OF COUNTY SOLID WASTE URBAN SERVICE AREA.......... ..A-1 FORM OF NOTICE TO BE PUBLISHED. ....................................B-1 FORM OF NOTICE TO BE MAILED. .......................................... C-1 ~ '-' RESOLUTION NO. 05-273 A RESOLUTION OF ST. LUCIE COUNTY, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF RESIDENTIAL WASTE AND RECYCLABLE MATERIALS IN THE COUNTY SOLID WASTE URBAN SERVICE AREA OF ST. LUCIE COUNTY, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST ASSESSED PROPERTY LOCATED WITHIN ST. LUCIE COUNTY; DETERMINING THE SOLID WASTE COST AND THE INITIAL SOLID WASTE SERVICE ASSESSMENTS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Article V, Collection of Solid Waste and Recyclable Materials, of the St. Lucie County Code, sections 125.01, 125.66, 197.3632, and 197.3635, Florida Statutes, and other applicable provisions of law. SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes the Initial Assessment Resolution. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in Article V, Collection of Solid Waste and Recyclable Materials, of the St. Lucie County Code. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. As used in this Initial Assessment Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires: 1 '-" ~ "Assessed Property" means all parcels of land included on the Assessment Roll that receive a special benefit from the delivery of the Residential Waste and Recyclable Materials collection and disposal services, facilities or programs identified in the Initial Assessment Resolution. "Assessment Roll" means the special assessment roll relating to a Solid Waste Service Assessment approved by a Final Assessment Resolution. "Biomedical Waste" means any solid waste or liquid residue which may present a threat of infection to humans. The term "Biomedical Waste" includes, but is not limited to, nonliquid human tissue and body parts; laboratory and veterinary waste which contain human-disease-causing agents; discarded disposable sharps; human blood, and human blood products and body fluids; and other materials which in the opinion of the Department of Health represent a significant risk of infection to persons outside the generating facility. The term "Biomedical Waste" does not include human remains that are disposed of by persons licensed under Chapter 470, Florida Statutes. "Biological Waste" means solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, Biomedical Waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. The term "Biological Waste" does not include human remains that are disposed of by persons licensed under Chapter 470, Florida Statutes. "Board" means the Board of County Commissioners of St. Lucie County, Florida. 2 "'" .."" "Building" means any structure, whether temporary or permanent, built for the support, shelter or enclosure of Persons, chattel or property of any kind. "Bulk Items" means items that require special handling and management because of their volume, e.g., tires, Construction and Demolition Debris, White Goods, large household goods and furniture. "Bulk Items" must have been previously used by the customer at the Dwelling Unit for which Collection Service is provided. The term "Bulk Items" excludes Exempt Waste. "Collection Service" means Residential Waste Collection Service and Recyclable Material Collection Service. "Commercial Property" means all Improved Property other than Residential Property. "Construction and Demolition Debris" means discarded materials generally considered to be not water soluble and non-hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, including such debris from construction of structures at a site remote from the construction or demolition project site. The term includes rocks, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or land development operations for a construction project; clean cardboard, paper, plastic, wood, and metal scraps from a construction project; except as provided in Section 403.707(12)0), Florida Statutes, and FAC 62-701.200(27), unpainted, non-treated wood scraps from facilities manufacturing 3 '-'" """" materials used for construction of structures or their components and unpainted, non- treated wood pallets provided the wood scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid waste; and de minimis amounts of other non hazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the construction and demolition industries. Mixing of Construction and Demolition Debris with other types of solid waste will cause it to be classified as other than Construction and Demolition Debris. "County" means St. Lucie County, a political subdivision of the State of Florida. "County Administrator" means the chief executive officer of the County, or the designee or designees of the County Administrator. "County Solid Waste Urban Service Area" means that portion of the unincorporated area of the County described on Appendix A. "Duplex" shall mean a Building that contains two Dwelling Units. "Dwelling Unit" shall mean a Building, or a portion thereof, lawfully used for residential purposes, consisting of one or more rooms arranged, designed, used, or intended to be used as living quarters for one family only. "DOR Code" means a property use code establis7hed in Rule 12D-8.008, Florida Administrative Code, assigned by the Property Appraiser to Tax Parcels within the County. 4 \.,../ ...,., "Exempt Waste" means Biological Waste, Hazardous Waste, Sludge, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead acid batteries, used oil, any material for which there is no legally permitted disposal or storage facility within the County. However, tires on rims, rims, small boat and auto parts under 50 Ibs are not exempt. "Final Assessment Resolution" means the resolution adopted in which Solid Waste Service Assessments are imposed which shall confirm, modify, or repeal the Initial Assessment Resolution and which shall be the final proceeding for the annual imposition of Solid Waste Service Assessments. "Fiscal Year" means that period beginning October 1st of each year and ending on September 30th of the subsequent year. "Garbage" means all putrescible waste which generally includes, but is not limited to, kitchen and table food waste, vegetative, food or any organic waste that is attendant with, or results from the storage, preparation, cooking or handling of food material. "Hazardous Waste" means solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. The term 5 '-'" ,." does not include human remains that are disposed of by persons licensed under Chapter 470, Florida Statutes. "Household Waste" means Garbage and Rubbish generated by a Dwelling Unit for which Collection Service is provided hereunder. The term "Household Waste" does not include Exempt Waste or Bulk Items. "Improved Property" means all property within the County on which a Building or other improvements including, but not limited to, facilities providing retail electrical service to such property have been placed or constructed, which improvements result in such property generating Residential Waste or being capable of generating Residential Waste. "Improvement Codes" mean the property use codes assigned by the Property Appraiser to Tax Parcels within the County. "Initial Assessment Resolution" means the annual resolution adopted in any year in which Solid Waste Service Assessments are imposed which shall be the initial proceeding for the identification of the Solid Waste Cost for which an assessment is to be made and for the imposition of a Solid Waste Service Assessment. "Land Clearing Debris" means vegetative matter resulting from a comprehensive land clearing operation, but does not include Yard Trash. "Mobile Home" means manufactured homes, trailers, campers and recreational vehicles. "Multiple Single-Family Attached Units" means single-family dwelling units constructed in a series, row, or group, including four units or more with common walls or 6 y ..., separate walls abutting each other, separated by a nominal space of not less than two inches, or which have an independent entrance. "Owner" means the Person reflected as the owner of Assessed Property on the Tax Roll. "Property Appraiser" means the St. Lucie County Property Appraiser. "Recyclable Material" means those materials which are capable of being recycled and which would otherwise be processed or disposed of as Household Waste. The materials initially designated by the County are (A) newspapers and all inserts, (8) #1 through #7 plastic containers (all colors), (C) aluminum cans, (D) steel cans,(E) glass bottles and jars (green, clear, and brown), (F) aluminum foil, (G) aluminum bakeware, (H) aeseptic containers, (I) gable top containers, (J) telephone books, (k) magazines and catalogs, (I) paperboard boxes, and (M) corrugated cardboard boxes. "Recyclable Material Collection Service" means the process whereby Recyclable Material is removed from a Dwelling Unit, processed and marketed by Contractor. "Residential Property" means a parcel of Improved Property on which a Single- Family Residence, Mobile Home, Duplex or Triplex is located; provided, however, that "Residential Property" does not include (A) property on which a Mobile Home is located that is classified as either "PUD," "HIRD," "RE-2", "CG," "CN," "CO," or "RVP" under the County's zoning regulation, or (8) a parcel of property on which more than one Single- Family Residence, Mobile Home, Duplex or Triplex is located; or (C) any Dwelling Unit located on a parcel of property that shares a common wall with one or more other 7 '-" '-' Dwelling Units on other parcels of property not under common ownership. Residential property shall not include any County owned property. "Residential Waste" includes Household Waste, Yard Trash and Bulk Items. "Residential Waste Collection Service" means the process whereby Residential Waste is removed from a Dwelling Unit and transported to a Solid Waste Disposal Facility. "Rubbish" means all refuse, accumulation of paper, excelsior, rags, wooden or paper boxes and containers, sweep-ups and all other accumulations of a nature other than Garbage, which are usual to housekeeping; also any bottles, cans or other containers not containing Garbage. "Single-Family Residence" shall mean a Building that contains a single Dwelling Unit. "Sludge" includes the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. "Solid Waste Service Assessment" means a special assessment lawfully imposed by the County against Assessed Property to fund all or any portion of the cost of the provision of Residential Waste and Recyclable Materials collection and disposal services, facilities, or programs providing a special benefit to property as a 8 '-'" :..., consequence of possessing a logical relationship to the value, use, or characteristics of the Assessed Property. "Solid Waste Cost" means the amount necessary to fund the County=s collection and disposal of Residential Waste and the recycling activities of Recyclable Materials that are allocable to Assessed Property during a Fiscal Year and shall include, but not be limited to: (A) the cost, whether direct or indirect, of all services, programs or facilities provided by the County, or through contractual arrangements with the County relating to Residential Waste and Recyclable Materials management, collection and disposal activities; (B) the cost of any indemnity or surety bonds and premiums for insurance; (C) the cost of salaries, volunteer pay, workers' compensation insurance, or other employment benefits; (D) the cost of computer services, data processing, and communications; (E) the cost of training, travel and per diem; (F) the recovery of unpaid or delinquent fees or charges advanced by the County and due for Residential Waste and Recyclable Materials management, collection, and disposal services, programs or facilities allocable to specific parcels; (G) the cost of engineering, financial, legal or other professional services; (H) all costs associated with the structure, implementation, collection, and enforcement of the Solid Waste Service Assessments or a prior year's assessment for a comparable service, facility or program, including any service charges of the Tax Collector or Property Appraiser; (I) all other costs and expenses necessary or incidental to the acquisition, provision, or delivery of the services, programs or facilities funded by the Solid Waste Service Assessment, and such other expenses as may be necessary or incidental to any related financing authorized by the Board; (J) a 9 '--' .'w!Î reasonable amount for contingency and anticipated delinquencies and uncollectible Solid Waste Service Assessments; and (K) reimbursement to the County or any other Person for any monies advanced for any costs incurred by the County or such Person in connection with any of the foregoing items of Solid Waste Cost. "Solid Waste Disposal Facility" means the place or places specifically designated by the County for the disposal of Residential Waste. "Tax Collector" means the St. Lucie County Tax Collector. "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. "Triplex" shall mean a Building that contains three Dwelling Units. "Uniform Assessment Collection Act" means sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non- ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. "White Goods" means inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic appliances that were previously used at the Dwelling Unit from which they are collected. "Yard Trash" means vegetative matter resulting from yard and landscape maintenance. The term "Yard Trash" does not include Exempt Waste. SECTION 3. LEGISLATIVE DETERMINATIONS. It is hereby ascertained, determined and declared that the Solid Waste Costs provide a special benefit to the Assessed Property based upon the following legislative determinations: 10 '-' ....,¡ (A) Pursuant to Article VIII, section 1, Florida Constitution, and sections 125.01 and 125.66, Florida Statutes, the Board has all powers of local self-government to perform county functions and to render county services except when prohibited by law, and such power may be exercised by the enactment of legislation in the form of County ordinances and resolutions. (B) In addition to its powers of self-government, the Board is authorized by section 125.01(1)(r), Florida Statutes, to impose Solid Waste Service Assessments in all or a portion of the unincorporated area. Additionally, the Board derives authority to impose Solid Waste Service Assessments from the home rule power of counties in Article VIII, section 1(f), Florida Constitution, section 125.01, Florida Statutes, and specifically section 125.01 (1 )(r), Florida Statutes. (C) This Resolution authorizes the imposition of Solid Waste Service Assessments within the County Solid Waste Urban Service Area. (D) It is fair and reasonable to use the Improvement Codes and DOR Codes to apportion the Solid Waste Cost among parcels of Assessed Property located within the County Solid Waste Urban Service Area because: (1) the Tax Roll database employing the use of such property use codes is the most comprehensive, accurate, and reliable information readily available to determine the property use and number of Dwelling Units for Improved Property within the County Solid Waste Urban Service Area, and (2) the Tax Roll database is maintained by the Property Appraiser and is consistent with the coding of parcel designations on the Tax Roll which compatibility 11 '-" ..J permits the development of an Assessment Roll in conformity with the requirements of the Uniform Assessment Collection Act. (E) Pursuant to section 403.706(1), Florida Statutes, the County has the general responsibility and authority to provide for the collection and transport of Residential Waste and Recyclable Materials generated within its unincorporated area to appropriate Solid Waste Disposal Facilities. (F) The existence of any Building or other improvement on Improved Property results in such property generating Residential Waste and Recyclable Materials or being capable of generating Residential Waste and Recyclable Materials. (G) Whether imposed throughout the entire County or a portion thereof, the imposition of a recurring annual Solid Waste Service Assessment is an alternative, equitable and efficient method to fairly and reasonably apportion and recover the Residential Waste and Recyclable Materials management, collection, and disposal costs experienced by the County among the parcels of Residential Property within the County Solid Waste Urban Service Area. (H) The size or value of Residential Property does not determine the scope and cost of Residential Waste and Recyclable Materials management, collection, and disposal services to be provided to such property. The use of Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs are driven by the existence of a Dwelling Unit and the average occupant population. 12 '-' ...,¡ (I) Apportioning the Solid Waste Costs for Residential Waste collection and disposal services provided to Residential Property within the County Solid Waste Urban Service Area on a per Dwelling Unit basis is compatible with the use of the Tax Roll data base, is required to avoid cost inefficiency and unnecessary administration, and is a fair and reasonable method of apportioning Solid Waste Costs. (J) The use of the uniform method of collection authorized in the Uniform Assessment Collection Act provides a mechanism to equitably and efficiently collect Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal service, facilities, and programs allocable to specific parcels of Assessed Property within the County Solid Waste Urban Service Area. (K) The annual Solid Waste Service Assessment to be imposed pursuant to this Resolution shall constitute non-ad valorem assessments within the meaning and intent of the Uniform Assessment Collection Act. (L) The Solid Waste Service Assessment imposed pursuant to this Resolution is imposed by the Board, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provision of the Uniform Assessment Collection Act shall be construed as ministerial. (M) Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs furnished by the County provide a special benefit and possess a logical relationship to the use and enjoyment of Residential Property by providing: (1) Residential Waste and Recyclable Materials management, 13 '-' ....J collection, and disposal services, facilities, and programs to the Owners and occupants of Residential Property for proper, safe, and cost effective disposal of Residential Waste and Recyclable Materials generated on such property, (2) better service to Owners and tenants, (3) the enhancement of environmentally responsible use and enjoyment of Residential Property, and (4) the protection and possible enhancement of property values and the health and safety of the Owners and occupants of Residential Property resulting from the uniform delivery and availability of such services, facilities, and programs. (N) It is hereby ascertained, determined, and declared that each parcel of Assessed Property will be benefited by the County's provision of Residential Waste and Recyclable Materials management, collection, and disposal services, facilities and programs in an amount not less than the Solid Waste Service Assessment upon such parcel computed in the manner set forth in this Initial Assessment Resolution. SECTION 4. SOLID WASTE COLLECTION AND DISPOSAL SERVICES. (A) Upon the imposition of Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal against Assessed Property located within the County Solid Waste Urban Service Area, the County shall cause Residential Waste and Recyclable Materials management, collection, and disposal services to be provided to such Assessed Property. Solid Waste Costs shall be paid from proceeds of the Solid Waste Service Assessments. (8) The provision of comprehensive Residential Waste and Recyclable Materials management, collection, and disposal services and programs furnished by or 14 ."", ..., through the County Solid Waste Urban Service Area to Residential Property enhances and strengthens the relationship of such services and programs to the use and enjoyment of Residential Property within the County Solid Waste Urban Service Area. SECTION 5. DETERMINATION OF SOLID WASTE COST; ESTABLISHMENT OF INITIAL SOLID WASTE SERVICE ASSESSMENTS. (A) The Solid Waste Cost to be assessed and apportioned among benefited parcels for the Fiscal Year commencing October 1, 2005, is approximately $3,233,310.00. The approval of this Initial Assessment Resolution determines the amount of the Solid Waste Cost. The remainder of such Fiscal Year budget for Residential Waste and Recyclable Materials services and facilities shall be funded from available County revenue other than Solid Waste Service Assessments. (8) For the Fiscal Year in which Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal services, facilities and programs are imposed, the Solid Waste Cost shall be allocated among all parcels of Assessed Property, based upon each parcels' classification as Residential Property and the number of Dwelling Units for such parcels. A rate of assessment equal to $170.88 for each Dwelling Unit for Residential Waste and Recyclable Materials management, collection, and disposal services is hereby approved for the Fiscal Year commencing on October 1, 2005. In addition to the Solid Waste Service Assessments for Residential Waste and Recyclable Materials for the Fiscal Year, the Solid Waste Cost due from any property for prior Fiscal Years which is delinquent shall be assessed against such Residential Property. 15 '-" .,¡I (C) The rate of the Solid Waste Service Assessments established in this Initial Assessment Resolution shall be the rates applied by the County Administrator in the preparation of the initial Assessment Roll for the Fiscal Year commencing October 1, 2005, as provided in Section 6 of this Initial Assessment Resolution. SECTION 6. ASSESSMENT ROLL. (A) The County Administrator is hereby directed to prepare, or cause to be prepared, an initial Assessment Roll for the Fiscal Year commencing October 1, 2005. Such initial Assessment Roll shall contain the following: (1) a summary description of all Assessed Property within the County Solid Waste Urban Service Area conforming to the description contained on the Tax Roll, (2) the name and address of the Owner of record of each parcel as shown on the Tax Roll, and (3) the amount of the initial Solid Waste Service Assessment for Residential Waste and Recyclable Materials management, collection, and disposal services. The initial Assessment Roll shall be open to public inspection. The foregoing shall not be construed to require that the initial Assessment Roll be in printed form if the amount of the Solid Waste Service Assessment for each parcel of property can be determined by use of a computer terminal available to the public. Such Solid Waste Service Assessment for each parcel of Assessed Property shall be computed by multiplying the assessment rate by the number of Dwelling Units on such parcel. A separate Assessment Roll containing the above information shall also be prepared for any Residential Property that is delinquent in payments of the Solid Waste Cost for prior Fiscal Years. (8) It is hereby ascertained, determined, and declared that the foregoing method of determining the Solid Waste Service Assessments for Residential Waste and 16 \w .."" Recyclable Materials management, collection, and disposal services (1) is a fair and reasonable method of apportioning the Solid Waste Cost among parcels of Assessed Property and (2) is an equitable and efficient mechanism to address payment delinquencies and recover funds advanced for Residential Waste and Recyclable Materials management, collection, and disposal services, facilities, and programs which are allocable to specific parcels of Assessed Property. SECTION 7. AUTHORIZATION OF PUBLIC HEARING. There is hereby established a public hearing to be held at 6:00 p.m. on August 16, 2005, in the County Commission Chambers, on the Third Floor of the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of (A) receiving and considering any comments on the Solid Waste Service Assessments from affected property owners and (B) authorizing the imposition of such Solid Waste Service Assessments for Residential Waste and Recyclable Materials management, collection, and disposal and collection on the same bill as ad valorem taxes. SECTION 8. NOTICE BY PUBLICATION. The County Administrator shall publish a notice, as required by the Uniform Assessment Collection Act, in substantially the form attached hereto as Appendix B. Such notice shall be published not later than July 26, 2005 in a newspaper generally circulated in the County. SECTION 9. NOTICE BY MAIL. The County Administrator shall provide notice by first class mail to the Owner of each parcel of Assessed Property that was subject to the Solid Waste Assessment for the first time, is being assessed for a delinquency in the payment of the Solid Waste Cost for prior Fiscal Years_or as otherwise required by the Uniform Assessment Collection Act, in substantially the form attached hereto as 17 '-' ,..., Appendix B. Such notices shall be mailed not later than July 26, 2005. For purposes of the Solid Waste Assessment, the amount of the assessment levied in Fiscal Year 2004- 2005 shall be deemed the maximum rate authorized by law. SECTION 10. EFFECTIVE DATE. This Initial Assessment Resolution shall take effect immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED THIS 12th day of July, 2005. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chairman ATTEST: By: Deputy Clerk APPROVED FOR FORM AND CORRECTNESS: By: County Attorney 18 '-" ~ APPENDIX A DESCRIPTION OF COUNTY SOLID WASTE URBAN SERVICE AREA '-' ....." APPENDIX A DESCRIPTION OF COUNTY SOLID WASTE URBAN SERVICE AREA The County Solid Waste Urban Service Area is described as that portion of the unincorporated area of the County lying to the east of the following described line: begin at the point Interstate 95 enters the County from Indian River County and run southerly along Interstate 95 to Angle Road; then run westerly along Angle Road to Florida's Turnpike; then run southerly along Florida's Turnpike to Picos Road; then run westerly along Picos Road to Gentile Road; then run southerly along Gentile Road to Okeechobee Road; then run easterly along Okeechobee Road to Florida's Turnpike; then run southerly along Florida's Turnpike to Interstate 95; then run southerly along Interstate 95 to Glades Cutoff Road; then run westerly along Glades Cutoff Road to C- 24 Canal; then run southerly along C-24 Canal to Juliette Avenue; then run westerly along Juliette avenue to Salvatierra Boulevard; then run southerly along Salvatierra Boulevard to Tanforan Boulevard; then run easterly along Tanforan Boulevard to Interstate 95; then run southerly along Interstate 95 to the point at which it enters Martin County. A-1 '-' APPENDIX B FORM OF NOTICE TO BE PUBLISHED """" '-' ....., APPENDIX B FORM OF NOTICE TO BE PUBLISHED To Be Published before July 26,2005. NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SOLID WASTE SERVICE SPECIAL ASSESSMENTS Notice is hereby given that the Board of County Commissions of St. Lucie County, Florida (the "Board") will conduct a public hearing to consider imposing solid waste special assessments against certain improved residential properties located within the County Solid Waste Urban Service Area to fund the cost of solid waste management, collection, and disposal services, facilities and programs provided to such properties and to authorize collection of such assessments on the tax bill. The hearing will be held in the County Commission Chambers at 6:00 p.m. on August 16, 2005, or soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers located on the Third Floor in the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of receiving public comment on the proposed assessments. All affected property owners have a right to appear at the hearing and to file written objections with the Board within 20 days of this notice. If a person decides to appeal any decision made by the Board 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. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the Community Services Director at (772) 462-1777 or TDD (772) 462-1428, at least seven days prior to the date of the hearing. The assessments will be computed by multiplying the number of dwelling units on each parcel by the rate of assessment. The rate of assessment for the upcoming fiscal year shall be $170.88 per dwelling unit. The maximum rate of assessment that can be charged in future fiscal years without additional notice shall be $170.88 per dwelling unit. Copies of the assessment roll, showing the amount of the assessment to B-1 \.of >...,I be imposed against each parcel of property, and the legal documentation relating to the assessments are available for inspection at the office of the County's MSBU Coordinator located on the Second Floor of the Administration Annex at 2300 Virginia Avenue, Fort Pierce, Florida. The assessments will be collected on the ad valorem tax bill to be mailed in November 2005, 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. If you have any questions, please contact the County at (772) 462-3500, Monday through Friday between 8:30 a.m. and 5:00 p.m. [INSERT MAP OF COUNTY] DOUGLAS M. ANDERSON County Administrator B-2 \...I ......, ~"- iL________._._ _r-J ST. LUCIE COUNlY SOLID WASTE NON-AD VALOREM ASSESSMENT BOUNDARY -_._~~_.._- Wb1 SERVICE AREA r· i , 1 I . . : J; J I: 1'1 I ¡ ~~_'~_n; --Tü-'--l¡f~-:l"-; . , h--. ! ~ I ! = -lj~~~ 'l'f1 'l ,I : 1 ¡ , j r , ~-~ ~-t~ ___ , >-----, ~ 1 ,- :..·L .. crt I': ~ r'~ . '~y , -- IT· , 'r--r'r S ro, IL --~_.¡ I i i : .+. . I , -, ~----_._~ .'. ~, ,. jJ ..: I ::+-'41 ~+-+i , \. I \ I PORT ST LUCIE CITY UMITS '" I ~ /..... ,I' ~=hr I ¡ I n _.._J,_.____~---< ;: t : - ., \.,<. APPENDIX C-1 AND C-2 FORM OF NOTICE TO BE MAILED ....." '-" '..I APPENDIX C-l * * * * * NOTICE TO PROPERTY OWNER * * * * * ST. LUCIE COUNTY, FLORIDA NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON-AD VALOREM ASSESSMENTS ST. LUCIE COUNTY 2300 Virginia Avenue Ft. Pierce, Florida 34982 Owner Address City, State Zip NOTICE DATE: JULY 26,2005 Tax Parcel # Legal Description: As required by Section 197.3632, Florida Statutes, and at the direction of the Board of County Commissioners of St. Lucie County, Florida, notice is given by the County that annual assessments for solid waste services (QarbaQe and vard waste collection) using the tax bill collection method, may be levied on your property. The use of an annual special assessment to fund solid waste services benefiting improved residential property located within the County Solid Waste Urban Service Area is a fair, efficient and effective manner to fund solid waste services. The total annual solid waste assessment revenue to be collected within the County Solid Waste Urban Service Area is estimated to be $3,233,310.00. The annual solid waste assessment is based on the number of residential dwelling units contained on each parcel of property. The following is a summary of the non-ad valorem special assessments being imposed on the above parcel for the fiscal year beginning October 1, 2005. The above parcel is subject to the solid waste assessment: The total number of residential dwelling units on the above parcel is units. dwelling The annual solid waste assessment for the above parcel is $ for fiscal year 2005-06 and shall constitute the maximum amount of the assessment for future fiscal years, unless a new resolution is subsequently adopted by the Board. A public hearing will be held at 6:00 p.m. on August 16, 2005, or as soon thereafter as may be heard, in the County Commission Chambers, on the Third Floor of the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the C-1 '-' ....I purpose of receiving public comment on the proposed assessments. All owners of improved residential property within the County Solid Waste Urban Service Area were mailed individual notices similar to this one. Subsequent to this year, only owners of reclassified property which resulted in an increased assessment, or owners of property not included on the prior years assessment roll will receive updated mailed notice in addition to the annual published notice, provided that the amount levied does not exceed the maximum amount of the assessment as set forth herein. You and all other affected property owners have a right to appear at the hearing and to file written objections with the Board within 20 calendar days of the date of this notice. 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. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the Community Services Director at (772) 462-1777 or telecommunications device for the deaf at (772) 462- 1428, at least seven (7) days prior to the date of the hearing. Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of Board's action at the above hearing (including the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be the final adjudication of the issues presented. Copies of the legal documentation for the assessment program are available for inspection at the Office of the County's MSBU Coordinator, located on the Second Floor of the Administration Annex at 2300 Virginia Avenue, Fort Pierce, Florida. The special assessment amount shown on this notice and the ad valorem taxes for the above parcel will be collected on the ad valorem tax bill mailed in November of each year that the assessment is imposed. Failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title. If there is a mistake on this notice, it will be corrected. If you have any questions, please contact the County at (772) 462-3500, Monday through Friday between 8:30 a.m. and 5:00 p.m. *****THIS IS NOT A TAX BILL ***** C-2 '-' ....,/ APPENDIX C-2 * * * * * NOTICE TO PROPERTY OWNER * * * * * ST. LUCIE COUNTY, FLORIDA NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON-AD VALOREM ASSESSMENTS NOTICE DATE: JULY 26, 2005 Tax Parcel # Legal Description: ST. LUCIE COUNTY 2300 Virginia Avenue Ft. Pierce, Florida 34982 Owner Address City, State Zip NOTICE OF ASSESSMENT FOR "UNCOLLECTED" SOLID WASTE SERVICE ASSESSMENT FEES DUE FOR FISCAL YEAR 2004-2004 (OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2005). As required by Section 197.3632, Florida Statutes, and at the direction of the Board of County Commissioners of St. Lucie County, Florida, notice is given by the County that annual assessments for solid waste services (aarbaoe. recyclina and yard waste collection and disposal service) using the tax bill collection method, may be levied on your property. The use of an annual special assessment to fund solid waste services benefiting improved residential property located within the County Solid Waste Urban Service Area is a fair, efficient and effective manner to fund solid waste services. The total annual solid waste assessment revenue to be collected within the County Solid Waste Urban Service Area is estimated to be $3,233,310.00. The annual solid waste assessment is based on the number of residential dwelling units contained on each parcel of property. The followino is a summary of the solid waste service assessments that were erroneously not collected for the above parcel for the fiscal year beoinnino October 1. 2004. This amount is in addition to the solid waste non-ad valorem assessment for the fiscal year beginning October 1, 2005. The above parcel is subject to the solid waste assessment: The total number of residential dwelling units on the above parcel is dwelling units. The annual solid waste assessment for the above parcel is $ for fiscal year 2004-05 and shall constitute the maximum amount of the assessment for future fiscal years, unless a new resolution is subsequently adopted by the Board. C-3 '-' ....., A public hearing will be held at 6:00 p.m. on August 16, 2005, or as soon thereafter as may be heard, in the County Commission Chambers, on the Third Floor of the S1. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, for the purpose of receiving public comment on the proposed assessments. All owners of improved residential property within the County Solid Waste Urban Service Area were mailed individual notices similar to this one. Subsequent to this year, only owners of reclassified property which resulted in an increased assessment, or owners of property not included on the prior years assessment roll will receive updated mailed notice in addition to the annual published notice, provided that the amount levied does not exceed the maximum amount of the assessment as set forth herein. You and all other affected property owners have a right to appear at the hearing and to file written objections with the Board within 20 calendar days of the date of this notice. 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. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the Community Services Director at (772) 462-1777 or telecommunications device for the deaf at (772) 462- 1428, at least seven (7) days prior to the date of the hearing. Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of Board's action at the above hearing (including the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be the final adjudication of the issues presented. Copies of the legal documentation for the assessment program are available for inspection at the Office of the County's MSBU Coordinator, located on the Second Floor of the Administration Annex at 2300 Virginia Avenue, Fort Pierce, Florida. The special assessment amount shown on this notice and the ad valorem taxes for the above parcel will be collected on the ad valorem tax bill mailed in November of each year that the assessment is imposed. Failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title. If there is a mistake on this notice, it will be corrected. If you have any questions, please contact the County at (772) 462-3500, Monday through Friday between 8:30 a.m. and 5:00 p.m. *****THIS IS NOT A TAX BILL***** C-4 ~ ~ ..." ITEM NO. C- 9E DATE: July 12, 2005 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: SUBMITTED BY (DEPT.): BOARD OF COUNTY COMMISSIONERS ENGINEERING DIVISION (4115) MJ:l+ 'Michael V. POWley~ County Engineer SUBJECT: Staff requests the Board approve a reduction in the overall retainage of the Hurricane Debris Removal project with Ash Britt Environmental from ten percent (10%) to five percent (5%) for the remainder of the contract. Approval of the reduction in the overall retainage will release $440,032.37, which will assist the contractor in compensating his subcontractors and assist in finalizing the project. BACKGROUND: Powerful winds and heavy rains from Hurricane Frances and Hurricane Jeanne damaged and destroyed tree, limbs, and structures within St. Lucie County. These powerful winds and heavy rains generated mixed storm debris throughout the County. Due to the overwhelming amount of hurricane debris that was generated St. Lucie County determined it was beyond their capabilities to handle the removal and processing of debris and contracted with a pre- position debris contractor, Ash Britt Environmental for the removal, hauling, temporary debris storage site development, management, reduction and disposal of the storm debris to eliminate the threat to life, health, and safety for the community at large. FUNDS AVAilABLE: This is a request to reduce the overall retainage of the project to five percent (5%). No additional funds will be required. PREVIOUS ACTION: On October 24, 2000, the St. Lucie County Board of County Commission voted to approve the Agreement for Disaster Recovery Services between Ash Britt Environmental and S1. Lucie County, Agenda Item No. C-6D. On March 13, 2001, the County entered into a preposition contract with AshBritt Environmental to provide for debris removal in the event of a natural disaster. On September 3,2004, the St. Lucie County Administrator authorized AshBritt Environmental to stage equipment and prepare to deliver services as required by St. Lucie County. On October 19, 2004, the Board approved Work Authorization No.1, Contract No. C01-03-309, in the amount of $11,897,625.00 with AshBritt Environmental to provide debris removal resulting from Hurricanes Frances and Jeanne. On April 5, 2005, the Board approved Change Order No.1 in the deductive amount of ($629,268.25) from Work Authorization No.1 with Ash Britt Environmental. Change Order NO.1 is for adjustments to quantities and additional services requested. RECOMMENDATION: Staff recommends the Board grant a reduction in the overall retainage from $880,064.47 (10%) to $440,032.37 (5%) for Ash Britt Environmental. [x] County Attorney [x] Project. Manager [x] Road & Bridge & 1'//11 ('C~ [x] Mgt. & Budget [x] Fiscal Coor. [] ERD ou Anderson County Administrator ~ f"YtY\.r-5:I.] Originating Dept. Public Works ~~'C _ t-'\ .::-~] Purchasing Dept f [x] (Check for copy only, if applica Ie) COMMISSION ACTION: ~ APPROVED [ ] OTHER [ ] DENIED Approved 5-0 " .-' ¡, _c \.f '.J DIVISION OF ENGINEERING MEMORANDUM 05-157 TO: Michael Powley, P.E. - County Engineer Craig Hauschild, P.E. - Capital Projects Engineer t~~ FROM: Date: July 5, 2005 Subject: Agenda Request Reduction in the Overall Retainage of Work Authorization No.1, Contract No. COI-03-309 with Ash Britt Environmental of Five Percent (5'10) ~~ :'~-_:,:~-~~--""- .~ Presently, ten percent (10'10) of the total compensation ($880,064.47) has been retained. The contractor, AshBritt Environmental is currently settling with their subcontractors. A reduction in the overall retainage of the project of five percent (5':10) will release $440,032.37, at this time, assisting the contractor in compensating their subcontractors and finalizing the project. cc w/attachments: Don West, P.E. - Public Works Director Barbara Meinhardt - Fiscal Coordinator · " - '-' .....,; AGENDA REQUEST ITEM NO. C- 9F DATE: July 12, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Staff requests the Board approve a reduction in the overall retainage of the Hurricane Debris Removal project with DRC from tem percent (10%) to five percent (5%) for the remainder of the contract. Approval of the reduction in the overall retainage will release $348,461.64, which will assist the contractor in compensating his subcontractors and assist in finalizing the project. BACKGROUND: Powerful winds and heavy rains from Hurricane Frances and Hurricane Jeanne damaged and destroyed tree, limbs, and structures within SI. Lucie County. These powerful winds and heavy rains generated mixed storm debris throughout the County. Due to the overwhelming amount of hurricane debris that was generated St. Lucie County determined it was beyond their capabilities to handle the removal and processing of debris and contracted with a pre- position debris contractor, DRC for the removal, hauling, temporary debris storage site development, management, reduction and disposal of the storm debris to eliminate the threat to life, health, and safety for the community at large. FUNDS AVAILABLE: This is a request to reduce the overall retainage of the project to five percent (5%). No additional funds will be required. PREVIOUS ACTION: On October 24, 2000, the SI. Lucie County Board of County Commission voted to approve the Agreement for Disaster Recovery Services between DRC, Inc. and St. Lucie County, Agenda Item No. C-6D. On February 13, 2001, the County entered into a preposition contract with DRC to provide for debris removal in the event of a natural disaster. On September 4,2004, the SI. Lucie County Administrator authorized DRC to stage equipment and prepare to deliver services as required by St. Lucie County. On October 19, 2004, the Board approved Work Authorization No.1, Contract No. C01-02-272, in the amount of $12,048,000.00 with DRC to provide debris removal resulting from Hurricane Frances and Hurricane Jeanne. On AprilS, 2005, the Board approved Change Order No. 1 in the deductive amount of ($840,644.00) from Work Authorization No. 1 with DRC, Inc. Change Order No. 1 is for adjustments to quantities and additional services requested RECOMMENDATION: Staff recommends the Board approve a reduction in the overall retainage from $696,923.29 (10%) to $348,461.64 (5%) for DRC, Inc. ~ APPROVED [ ] OTHER [ ] DENIED Approved 5-0 COMMISSION ACTION: [x] County Attorney [x] Project. Manager [x] Road & Bridge ~ ¿j9,¡ 1 ~ [xl Mgt. & Budget [xl Fiscal Goor. [] ERD ~ (YlIn~ , Ix] ou Anderson County Administrator Originating Dept. Public Works ~~'. ¿:J Purchasing Dept a I (Check lor copy only, il applica Ie) '-' ...., OIVISION OF ENGINEERING MEMORANDUM 05-158 TO: Michael Powley, P.E. - County Engineer ~ ~i Craig Hauschild, P.E. - Capital Projects Engineer C, FROM: Date: July 5,2005 Subject: Agenda Request Reduction in the Overall Retainage of Work Authorization No.1, Contract No. C01-02-272 with DRC, Inc. of Five Percent (5'Yo) ~,~ ------.:~~_~;::'~~ ---~..:"""- ~c::;,:__ ~ Presently, ten percent (10%) of the total compensation ($696,923.29) has been retained. The contractor, DRC, is currently settling with their subcontractors. A reduction in the overall retainage of the project of five percent (5'Yo) will release $348,461.64, at this time, assisting the contractor in compensating their subcontractors and finalizing the project. cc w/attachments: Don West, P.E. - Public Works Director Barbara Meinhardt - Fiscal Coordinator '-"t'; '-' AGENDA REQU~T ITEM NO. C10 DATE: July 12, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Office of Management & Budget Marie Gouin, OMB Director SUBJECT: Adopt Budget Resolutions 05-278 and 05-279, amending Budget Resolutions 04-381 and 03-282 respectively, due to scrivener error. BACKGROUND: The St. Lucie County Board of County Commissioners approved Budget Resolution 04-381 on December ¡th, 2004 to accept funds in the amount of $154,420 from the Florida Department of Transportation. The Office of Management and Budget has been instructed by the Finance Department to change the fund number. The St. Lucie County Board of County Commissioners approved Budget Resolution 03-282 on November 25th, 2003 to accept funds in the amount of $112,400 from the Florida Department of Transportation. The Office of Management and Budget has been instructed by the Finance Department to change the fund number. FUNDS AVAIL. N/A PREVIOUS ACTION: On December ¡th, 2004 the Board of County Commissioners approved Budget Resolution 04-381 recognizing funds in the FY 2004-2005 Budget. On November 25th, 2003 the Board of County Commissioners approved Budget Resolution 03-282 recognizing funds in the FY 2003-2004 Budget. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt Budget Resolution 05-278 and 05-279,amending Budget Resolution 04-381 due and 03-282 respectively. COMMISSION ACTION: []Q APPROVED [] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: o as M. Anderson County Administrator County Attorney: ~/ Purchasing: Originating Department: Other: Community Services Other: Finance: Check for copy only, if applicable "i /' Y ~ -..",¡/ MEMORANDUM 05-79 OFFICE OF MANAGEMENT & BUDGET TO: FROM: Board of County Commissioners Marie Gouin, Management and Budget Director SUBJECT: Service Development and Fixed Route Grants DATE: July 12, 2005 The following two grants were previously approved by the Baee: 1. Fixed Route Grant #001291 for $154,420 approved December ih, 2004 by resolution 04- 381. 2. Service Development Grant #001171for $112,400 approved November 25th, 2003 by resolution 03-382. Due to a scrivener error, the grant numbers for these grants need to be amended to #130200 and #130201 respectively. Staff request approval of Budget Resolutions Number #05-278 and #05-279 to correct fund numbers. 1 ~/ '-' ....." RESOLUTION NO. 05-278 WHEREAS, the SI. Lucie County Board of County Commissioners has made the following determination: 1. On December th, 2004 the St. Lucie County Board of County Commissioners adopted Resolution Number 04-381 to accept funds in the amount of $154,420 from Florida Department of Transportation in order to establish a budget under fund number 001171 and revenue number 331421. 2. Due to a scrivener error in the assigned fund number and revenue number, it is necessary to amend Resolution Number 04-381. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida, in meeting assembled this 12th day of July, 2005: 1 . Resolution Number 04-381 is hereby amended as follows: REVENUES 130200-4910-334411-400 Florida Department of Transportation $154,420 APPROPRIATIONS 130200-4910-582015-400 Council on Aging $154,420 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson Commissioner Doug Coward, Vice Chairperson Commissioner Joseph E. Smith Commissioner Chris Craft Commissioner Paula A. Lewis xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 12TH DAY OF JULY, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY f . .,./ "-' ~ RESOLUTION NO. 05-279 WHEREAS, the St. Lucie County Board of County Commissioners has made the following determination: 1. On November 25th, 2003 the St. Lucie County Board of County Commissioners adopted Resolution Number 03-282 to accept funds in the amount of$112,400 from Florida DepartmentofTransportation in order to establish a budget under fund number 001291. 2. Due to a scrivener error in the assigned fund number, it is necessary to amend Resolution Number 03-282. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 12th day of July, 2005: 1. Resolution Number 04-381 is hereby amended as follows: REVENUES 130201-4910-334411-400 Florida Department of Transportation $112,400 APPROPRIATIONS 130201-4910-582015-400 Council on Aging $112,400 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson Commissioner Doug Coward, Vice Chairperson Commissioner Joseph E. Smith Commissioner Chris Craft Commissioner Paula A. Lewis xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 12TH DAY OF JULY, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY '-" , AGENDA REQVEST ITEM~. t I DATE: July 12, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [X] SUBMITTED BY (DEPT): County Extension Office Anita S. Neal County Exten 'on Director SUBJECT: Keep Port St. Lucie Beautiful Reimbursement Funds TO: Board of County Commissioners BACKGROUND: see attached memo FUNDS AVAILABLE: 102001-3715-548000-42512 Promotional Activities PREVIOUS ACTION: RECOMMENDATION: Staff recommends the Board approve Budget Resolution 05-276 Appropriating funds reimbursed by the City of Port St. Lucie for trees purchased for the Spread the Shade/Plant a Tree Tree Give-Away event. ~APPROVED [] OTHER: [] DENIED :7 Douglas M. Anderson County Administrator COMMISSION ACTION: Approved 5-0 Review and ADDrovals ./Ivt~ County Attorney: _ Management & Budget: 04LJ! ~ . OriginatiJ~pt: _ Other: - Finance: (Check for Copy only, if applicable) Purchasing: _ Other: _ Effective: 5/96 ",-,. ..." AGRICULTURE MEMORANDUM TO: Doug Anderson, County Administrator ~/1 () Anita Neal, County Extension Director f2¡ , f June 29,2005 FROM: DATE: SUBJECT: Funds Reimbursed by City ofPSL for Tree Give-Away Event Last November, the City of Port St. Lucie's Keep Port St. Lucie Beautiful Council agreed to provide funding for a Tree Give Away event to be held in Port St. Lucie that would promote improving the tree canopy in their city. Under the agreement, St. Lucie County purchased 500 native trees of six different varieties. County residents were able to earn their ftee tree by attending five of seven mini-seminars provided by staff and volunteers of the 8t. Lucie County Extension office. Residents learned about proper planting, tree care, pruning, and pest management techniques at the event held Saturday, April 9, 2005 in the parking lot of the Walton Road Annex where the Extension office will soon have a south county presence. Trees, event supplies and promotional materials were purchased for a total cost of $3,570.64 of which Port 8t. Lucie agreed to reimburse half. Over 300 county residents participated in the event. Staff recommends the Board of County Commissioners approve Budget Resolution No. 05-276 appropriating the $1,786 reimbursed by the City of Port St. Lucie for the Tree Give Away event. If you have any questions, please contact me at x1660. ASN/ca ..J "- RESOLUTION NO. 05-276 WHEREAS, subsequent to the adoption of the budget for the St. Lucie County Board of County Commissioners, certain funds not anticipated at the time of adoption have become available in the form of a reimbursement from City of Port St. Lucie in the amount of $1,785.32 for landscaping. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie county 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 1 zlh day of July, 2005, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2004-2005, and the budget for the St. Lucie County Board of County Commissioners is hereby amended as follows: REVENUES 102001-3715-369930-42512 Reimbursements $1,786 APPROPRIATIONS 102001-3715-548000-42512 Promotional Activities $1,786 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson Commissioner Doug Coward, Vice Chairperson Commissioner Joseph E. Smith Commissioner Chris Craft Commissioner Paula A. Lewis xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 12th DAY OF July, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Director Donald Freedland Deputy Director John Gonzales Deputy Director Dean Schuett Project Manager Larry Nadeau Project Manager Bill Shearer Project Manager Richard Parks Operations Manager Mike Davis Office Manager Linda Bagley Mailing Address: 450 SW Thornhill Dr. Port SI. Lucie, FL 34984-4370 HECE HIED ~"T' I' l>':,~ - ......2CJ4 "" CITY OF PORT ST. LUCIE PUBLIC WORKS DEPARTMENT "SERVING WITH EXCELLENCE" November 24, 2004 Ms, Anita Neal St. Lucie County Extension 8400 Picos Road #101 Fort Pierce, Florida 34945 RE: KPSLB GRANT ROUND-2004 Dear Ms. Neal Congratulations! On November 22, 2004, the Port St. Lucie City .Co~cil has approve.d ~ding for your recently submitted Keep Port St. Lucie LandscapeIBeautdicatlOn Grant applicatIOn. The approved project will provide the City of Port St. Lucie with its first Plant a Tree Program for about 500 residents. . This project has a total value of$3,730. . This project has a 50% matching value of $1 ,865 to KPSLB. We would recommend that you take photos before you start the project and following its completion. The project's completion date should be 90 days after receipt of this notice. If additional time is needed to complete the project please supply us with a written request for an extension and estimated time being asked for. The extension request should not extend beyond an additional 45 days. Once your project is 100% complete please notify us. We will then proceed with conducting a fonnal project walk through and final inspection. Supplied to us prior to the walk through we should have received all originally approved and entered contracts and actual expenses that you've incurred as that would reflect the project submitted for grant funding. In closing, this letter will serve as your formal notification at which time you may start your landscapinglbeautification project. Thank you for your continued support of Keep Port St. Lucie Beautiful. We look forward to working with you. If you should have any questions in reference to this please do not hesitate to call me at 772.87\.5100. ~d Larry Nadeau KPSLB Coordinator cc. Susan Brodeur, KPSLB Chairwoman Donald Freedland, Director John Gonzales, Deputy Director 450 SW Thornhill Drive, Port St. Lucie, FL 34984-4370 Tel: (772) 871-5100/5101 · Fax: (772) 871-7397 · Email: publicworks@cityofpsl.com · " '" ~ Spread the Shade Plant a Tree A tree canopy restoration prolect sponsored by Florida Yards & Neighborhoods & Keep Port St. Lucie Beautiful St. Lucie County Extension Main office 8400 Picos Road, Suite 101 Ft Pierce, FL 34945 772-462.1660 Coming summer 2005 South County Office 1664 SE Walton Road Port St. Lucie, FL X-Á~~~~ . FLORIDA EXTENSION -.;;-. .. , '-" ...., AGENDA REQUEST ITEM NO. c 12-A DATE: July 12, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] INVESTMENT FOR THE FUTURE TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ROGERA. SHINN DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: RENOVATION OF BREAK ROOM AT ST. LUCIE WEST ANNEX TO ESTABLISH ADDITIONAL JUDICIAL SPACE AND JUDGES CHAMBERS BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 316-1931-599330-100 (Central Services-Project Reserves) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the use of IFF Funds-Central Services Project Reserves in the amount of $35,000.00 for the additional judicial space and judge's chambers at the St. Lucie West Annex. Approved 5-0 o g Anderson County Administrator MISSION ACTION: DC! APPROVED [] DENIED [ ] OTHER: Purchasing Mgr.: County Attorney: Originating De~ Finance: (Check for Copy only, if Applicable) Mgi. & Budget: Other: Other: Eft. 1/97 H:\AGENDA\AGENDA-17 SLW RENO COURTROOM CHAMBERS.DOC ~ ....., """'" MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Roger A. Shinn, Director DATE: July 12, 2005 SUBJECT: RENOVATION OF BREAKROOM AT ST. LUCIE WEST ANNEX TO ESTABLISH ADDITIONAL JUDICIAL SPACE AND JUDGES CHAMBERS ****************************************************************************** BACKGROUND: The issue oflimited availability of courtroom space due to hurricane damage at the downtown courthouse and an increase in case loads has been brought to the attention of staff. Chief Judge William L. Roby has requested additional judicial space in the St Lucie West Judicial Center that would include: one medium size courtroom, two judges offices with space for judicial assistants, and one jury deliberation room to accommodate the increasing demand for judicial services. (Please see attached letter). IFF Funds-Central Services Project Reserves in the amount of$35,000.00 are available and staff is recommending the use ofthese funds for the additional judicial space and judge's chambers at the St. Lucie West Annex. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the use of IFF Funds-Central Services Project Reserves in the amount of$35,000.00 for the additional judicial space and judge's chambers at the St. Lucie West Annex. / ··01/16/2005 00:02 ~72-452-2135 COURT ADMINISTRATION ..." PAGE 02/03 William L Roby Q1ief Jvdge 100 East Ocean Blvd Stuart, Florida 34994 (772) 463-3281 FAX (m)463-3283 ïHE aRCUrr COURT OF 1HE NINETEENTH JUDICIAL QRCUIT OF flORIDA January 29, 2005 The Honorable Frannie Hutchinson Chair Board of County Commission St. Lucie County Commission 2300 VirginiàAvenue Ft. Pierce, FL 34982 Dear Ms. HutchinSon: P.le...ase.. le.tth.is lette. r seJV. . e. as. a. request for the build out 0. fad. . diti. ·ona..I.ju. dic. ia. I spa. .. œ In the St:L.ucieW~,j@idal C~nter. . The judges of this circuit, and . inparticùlar the jIJdges ~rying ¡n~"~l Áég>ul1ty, are in need of additional space due to huni~nedamag~i~ues at:ttì~d0Ytn~n.cçYrtn9.lJ~e as well as ever increasing cas(! loads,· "1117. addition of fuUtirne fI1ëJ9I~4ª~~r)ctc:hilcj suPP9rthearing officers have limitedtheêlyanability of çOurtJ'QOlll s8ªêetobrin~..i~.~~riorJudges. and ow' own full tlme jud~estoaSsisl: in moving criminal œsesandlr1ªlI.eVi~ting .... civil trial backlogs relating to long jury trfàJs. .. . . WereQµ~ ~l1e bpild out of one additional medium size courtroom, two judges offices with corresponding· ~pa~ for judidal assistants, and one jury deliberation roomatthe St. Lucie W~~ré1ÇiIitý. .~~havediSCussed this proposal with your staff and they .have. a . proposed pl~f1.that h9s~n èS~fltiaHy agreed upon (additional details as to location of certain jury box-esapdljJitQessstands hqve yet to. be discussed). A completion dateoOlily or August of2005;'NÒUrd bégfeatlÿappreciated. W'e,Hi<0tf]èCqmmisslon,are doing our best to accommodate the ever increasing demand for~~l"IIices:]i¢bLiHd out of the proposed additions would greatly enhance our ability to sélviC:e the-ever increasing citizenry of St. Lucie County. I í . i . ' I~ . 81/16/2005 00:02 ~72-462-2135 COURT ADMINISTRATION ..., PAGE 03/03 Please contact me with any questions or concerns. We are always appreciative ofthe help and support given to the judiciary by the St. Lucie County Commission. Thank you for working hand in hand to service the citizens of St:. Lucie County and of our circuit in general. Best regards ~~ Chief Judge '-' /~ , , ...", AGENDA REQUEST ITEM NO. c 12-8 DATE: July 12, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] INVESTMENT FOR THE FUTURE TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ROGERA SHINN DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: APPROVAL TO USE CENTRAL SERVICES CAPITAL PROJECT RESERVES FOR RENOVATION OF THE STATE ATTORNEY EMPIRE I BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 316-1931-599300-100 (Capital Project Reserves) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the use of Central Services Capital Project Reserve funds in the amount of $15,000.00 for the renovation work at the State Attorney-Empire I Building MISSION ACTION: [)q APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: Originating DePt(~(l.4-- Mgt. & Budget: Purchasing Mgr.: Other: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H:\AGENDA\AGENDA-60 STATE ATTORNEY I-RENO. DOC " . . ,-.. \w MEMORANDU~1 DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Roger A. Shinn, Director DATE: July 22,2005 SUBJECT: APPROVAL TO USE CENTRAL SERVICES CAPITAL PROJECT RESER YES FOR RENOVATION OF THE STATE ATTO~'EY EMPIRE I ****************************************************************************** BACKGROUND: With the addition of new personnel at the State Attorney's Building- Empire I, staff will need to renovate an existing conference room into additional office space. Central Services staff, within the Construction/Renovation Division, can accomplish this work in house, generating a substantial savings in the total cost of this work. Cost to accomplish creating this additional office space is $15,000.00, and funding in the amount of $15,000.00 is available in Central Services Capital Project Reserves and staff is requesting approval to use these funds to accomplish this task. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the use of Central Services Capital Project Reserve funds in the amount of $15,000.00 for the renovation work at the State Attorney-Empire I Building. ? . ~ ,. ~ """'" AGENDA REQUEST ITEM NO. c 12-C DATE: July 12, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] INVESTMENT FOR THE FUTURE TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ROGERA SHINN DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: APPROVAL TO USE CENTRAL SERVICES CAPITAL PROJECT RESERVES FOR THE RENOVATION/REMODELING OF CENTRAL SERVICES ADMINISTRATION OFFICE BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 316-1931-599300-100 (Capital Project Reserves) PREVIOUS ACTION: N/A . RECOMMENDATION: Staff recommends the Board of County Commissioners approve the use of Central Services Capital Project Reserve funds in the amount of $50,000.00 for the renovation/remodeling of Central Services Administration Office. Approved 5-0 o Ä-nderson County Administrator coordination/Signat~~ Mgt. & Budget: 'W'V 1'Y\~ NCE: MISSION ACTION: )Q APPROVED [] DENIED [ ] OTHER: County Attorney: Originating Dept(?ao..- Finance: (Check for Copy only, if Applicable) Purchasing Mgr.: Other: Other: Eff. 1/97 H:\AGENDA\AGENDA-61 c.s. ADMIN-RENO.DOC - " \w' ...., MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Roger A. Shinn, Director DATE: July 12, 2005 SUBJECT: APPROVAL TO USE CENTRAL SERVICES CAPITAL PROJECT RESERVES FOR THE RENOV ATIONIREMODELING OF CENTRAL SERVICES ADMINISTRATION OFFICE ****************************************************************************** BACKGROUND: The office building occupied by Central Services Administration staff sustained severe damage from the hurricanes last fall. Due to extreme water intrusion from the storms, drywall, ceiling tiles and carpeting were removed along with water damaged furniture and electronic equipment. In addition, installation of temporary roofing was needed and due to the amount of water damage and lack of power to the building it needed to be sanitized. EE&G, contract labor, as well as in- house staff accomplished all this work. A portion of the cost associated with this work will be covered by FEMA and insurance. As a result of this damage, staff was unable to remain in the building and was temporarily relocated to extra space that was available at that time, in the Purchasing Department, until temporary housing could be made available for our office staff. By late October, Central Services was able to lease an office trailer to move into and are still occupying these trailers at this time. Staff is ready to move forward and start the interior renovation and remodeling of the administration office. Funding in the amount of $50,000.00 is available in Central Services Capital Project Reserves, and staff is requesting approval to use these funds to assist with cost associated with the renovation/remodeling. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the use of Central Services Capital Project Reserve funds in the amount of $50,000.00 for the renovation/remodeling of Central Services Administration Office. · --.-...-....-... '-' ...., AGENDA REQUEST ITEM NO. c 12-D DATE: July 12, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] INVESTMENT FOR THE FUTURE TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ROGER A. SHINN DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: APPROVE WORK AUTHORIZATION WITH C3TS (CONTRACT #C03-02-247) ARCHITECTURAL/ENGINEERING SERVICES FOR THE WALTON ROAD ANNEX BUILDING-2ND FLOOR TENANT IMPROVEMENT BACKGROUND: SEE A TTACHED MEMORANDUM FUNDS AVAIL: 316-1931-599300-100 (Central Services Project Reserves) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the use of Central Services Project Reserve funds in the amount of $26,295.00, for C3TS to provide Architectural/Engineering Services through a Work Authorization/Contract No. C03-02-247, for the Walton Road Annex Building-Second Floor Tenant Improvement. And authorize the Chair to sign the Work Authorization as prepared by the County Attorney. MISSION ACTION: )CJ APPROVED [] DENIED Approved 5-0 [ ] OTHER: County Attomey: 9± Do nderson County Administrator Mgt. & Budget: Purchasing Mgr.: Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H:\AGENDA\AGENDA-65 WALTON ROAD ANNEX-SECOND FLOOR.DOC "-' ....", . MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Roger A. Shinn, Director DATE: July 12, 2005 SUBJECT: APPROVE WORK AUTHORIZATION WITH C3TS (CONTRACT #C03-02-247) ARCHITECTURAL/ENGINEERING SERVICES FOR THE WALTON ROAD ANNEX BUILDING-2ND FLOOR TENANT IMPROVEMENT ****************************************************************************** BACKGROUND: With the completion of the Walton Road Annex Building, staff is now ready to move forward with the architectural design services for preparation of construction plans for the second floor offices (approximately 6,000 s.f.) for Agriculture, Public Defender, Guardian Ad Litem and auxiliary spaces. Through a work authorization, C3TS (Contract #C03-02-247) will provide ArchitecturallEngineering Services for this work at a cost of$26,295.00. IFF Funding in the amount of $26,295.00 is available in Central Services Project Reserves and staff is requesting approval to use these funds for these professional services. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the use of Central Services Project Reserve funds in the amount of $26,295.00, for C3TS to provide ArchitecturallEngineering Services through a Work Authorization/Contract No. C03-02-247, for the Walton Road Annex Building-Second Floor Tenant hnprovement. And authorize the Chair to sign the Work Authorization as prepared by the County Attorney. 07/01/05 11:09 C3TS ARCHITECTS & ACCOUNTING DPT ~ 17724621444 NO. 150 Q02 "-' ..." .' June 30, 2005 St. Lucie County Central Services 2300 Virginia Avenue 'Ft. Pierce, FI. 34982 Engineer, Attention: Architect5 Plonn~rj Mr. Greg White ProJect Manager Fax No.: (772) 462-1244 Reference: St. Lucie Walton Road Annex - 2nd Floor Tenant Improvement C3TS'Propoial No.; 1938-09 Dear Mr. White, Thank you for the opportunity to assist you with this essential project. Weare pJeased to submit, for your consideration, the following proposal for Architectural I Engineering Service$ for the ábove mentioned project. EB0005022 AACOO21.42 SCOPE OF WORK: 1. ArchìtecturaJ desrgn services to include preparation of construction plans for the second floor offices approximately 6.000 s.f. for Agriculture, Public Defender, Guardian Ad Litem and auxiliary spaces based on the layout proyided to··us on June 23, 2005. Our services will include all necessary building demolition, floor and reflected ceiling plans" inteñor efevations. and details for the construction. 2. MEP Engineering Services to include heating, ventilation, power, lighting, riser diagrams. schedules, plumbing and adjustments to the existing fire suppres.sionsystem. Please see the attached proposal from QED Engineering that more tully outlines the scope of work for thIs portion of the project. 3. Construction phase services wìll include the review of shop drawings and related project submittals as well as responding to Contractor AFls. This proposaJ inctudesinspections required forfínal certification. A final inspection and project certification shall be provided for a maximum of 4 total inspections. 4. Permitting services through the local 51. Lucie County Departments are not a part of these services and will be required by the Contractor prior to commencing the work. C3TS will revise the drawings as required by the permit comments. 5. 81ddìng assistance will be provided in the form of responding to contractor's requests for information (RFI) DELrVERABJ,ES; Construction Documents: Architecture: Meehan/tal, Electrical. Plumbing and Fíf'f' ProtectIon: $ 7,800 $10,000 901 Pon(;e d", Leon Blvd.. Suite 900 Corol Gobles, ~Ioric" 33134 305.445,2900 1.800.0448.0227 Fcc,imilo 305.445.:3366 web Sire: ",^""",.C3IH:om !Õquor Opportunity Employer 07/01/05 11:09 C3TS ARCHITECTS & ACCOUNTING DPT 7 17724621444 NO. 150 [;)03 '-" ...,; t· Mr. Greg White caTS Proposal No. 1938-09 Jun.e 30. 2005 Page 2 Bidàino Assistance: $ 1,275 ConstructiDn Administration: Architecture: Mechanical, ElectrIcal, and Plumbing: $ 5,220 S 2.0ao $26,295 Grand Total: COMPENSATION: Based on our estimate of required effort, our proposed fee for providing professional services for the above mentioned is for a lump sum of Twenty Six Thousand Two Hundred Ninety-Five Dollars and 00f100 ($26,295.00), not including reimbursable expenses for printing and courier, to be billed at a multiplier of 1.10%. The design and plan production services wìll be completed within 45 calendar days 'from the issuance of the work authorization (completion time does not include Owner's review time) We thank you for the opportunity to provide you with our services and are ready to begin working on this assignment upon your acknowledgement below as our notice to proceed. In the meantime, should you have any questions and/or comments. please do not hesitate to contact me at (305) 445-2900. Sincerely, Corzo C tella Carballo Thompson Salman, P.A. Acknowledgement & Notice to Proceed Authorized Personnel Date 07/01/05 11:09 C3TS RRCHITECTS & RCCOUNTING DPT ~ 17724621444 954 761 7117 ' OED Engineering, Inc. (FAX)9S4 761""'17 NO. 150 [;104 JUN-28-200S(TUE) T5:~ P. 00 I IuD ¡ , DATE: TO: A1TN: FROM: RE~ QED ENGINEERING, INC. 1318 S. E. 2ND AVENUE FT. LAUDERDALE, FL 33316 9540-761-7117 f9S4-76I-7915 (FAX) FEE PROPOSAL 27 June 2005 C3TS FDX (30S) 774-6277 Elvira C. Freire An Greenberg St. Lucie County - 2nd Floor Tenant Improvements St. LLlCic. Fl. Provide contract document~ for th~ interior completion ofthc:: cxi~ting 2nd floor facility (approximately 6,000 8q. feet) in accordance with your arc11itectural de:;.igrt pJans with Ligh:ting, Power, H.V.A.C., Fire Protection, and Plumb.ing tied to the oxisting building systems. SCOPE: I. 2. 3. 4. s. 6. 7. Fee: Provide a complete set of working drowings and 5pecifications. Construction Admini¡;tration; a. RevieW shop drawings and RFI's. b. As-build record drawings & electronic files. Electrical ~ystems: a. Lighting - interior b. Power distribution c. Phone & Data systems (empty conduit only) d. Life liuf6t.y system (revisions and coordination willi èxì~~'in~ Fire Alarm System) HVAC system: 3. Load calculations b. Ventilation c. Air conditioning Plumbing: a.' Sanitary piping b. Domestic hot and cold water piping Fire pTotection: Piping (adjustmen~ to existing system) Coordina.UOIl with an go\'ernmentaJ agencie$, $ 12,000.00 07/01/05 11:09 C3TS RRCHITECTS & RCCOUNTING DPT ~ 17724621444 NO. 150 Gl05 w ..."" f- C3TS ArchllM:ts and EnglnB8fS so, P'on.çø 0; .ØQM Blvd., Sui\Q 90:1 COrelGIII>Je3. _3:3134 ~:~ F;g3Q!.~4-Q77 MAN-HOUR eSTIMATe FOAM .$< L"olo C:ounly WallOA Ros" Annex· 2nd Roo< T""",! ~""_,~ Desorlptlon' OonB!rUCllon drowlngs, Permitting Aul~tonec.l!lddlng AssloloMe and Conoll'1lCllon AdmlnlatrntJan caTS Proiecl No.: 19M-OO Cots: Ju:ne 3D.2!I05 T_ Total! 1.Dl Alohiloolura! COI1OtJuo1ia1 Dr~win,¡$ 13 46 60 54.140-00 '-(12 Mec/w'ic¡:¡ , EledricaJ. PJumÞÖ19 an4 FI,. LS S10.DllltOO Pn:lOéf.... C~t""'ion [)'~odng< 1.03 Ptqe<rt CoordINIIJ<I1 20 16 2 311 S3.1.50J I¡ HI4 Quall1y CCfttIQI 2 2 4 $5,0.00 El7.BDD.OO $1,275-00 3.01 PÐ(IOCÕO ~on$lIS ,equire,Por ßnal ceM/l"_("'~"",CI'oo..r .. 18 <I <I 24 !52"tiO.OO 8 8 4 20 SI.e¡!lHIO 8 a 18 $fr440·00 LoS $;!,OOWD .. ,. SUblO1æ 60 S7,220.00 $7.2:211-110 :';.\.,..... TaI~1 EElimatad Cost $25,I!95.DD ~ (12 Rœ¡xnj 1<1 Coni_a' QUB"Dns IRFI'~I 3.03 SI1<Ip Drawing Review oJ B_/fled mB1.rIaI ""~ EJec\TfCeJ and pltmtin,¡ ':>-04 ;ctII:IJUo Jon admlnismlllon 111J2Oœ \Q38 fl. w:I.; MAnJ'tm¡~..1IS .ogo, '-' .."", AGENDA REQUEST ITEM NO. c 12-E DATE: July 12,2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] INVESTMENT FOR THE FUTURE TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ROGER A SHINN DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: APPROVAL TO USE CENTRAL SERVICES PROJECT RESERVES TO CONDUCT ASSESSMENT ON THE CIVIC CENTER BACKGROUND: SEE A TTACHED MEMORANDUM FUNDS AVAIL: 316-1931-599300-100 (Central Services Project Reserves) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the use of Central Services Project Reserve Funds in the amount of $25,000.00 and approve to use the vendor, Sunbelt Restoration, Inc., to conduct the assessment on the Civic Center at a firm fixed price of $25,000.00 and authorize the Chair to sign the contract as prepared by the County Attorney. MISSION ACTION: )Cj APPROVED [] DENIED [ ] OTHER: County Attorney: & Dou derson County Administrator Approved 5-0 Mgt & Budget: Purchasing Mgr.: Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H,\AGENDA\AGENDA-66 CIVIC CENTER ASSESSMENT. DOC '-' .....,¡ t MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Roger A. Shinn, Director DATE: July 12, 2005 SUBJECT: APPROVAL TO USE CENTRAL SERVICES PROJECT RESERVES TO CONDUCT ASSESSMENT ON THE CIVIC CENTER ****************************************************************************** BACKGROUND: The Civic Center sustained a great deal of damage from the hurricanes last fall. Immediately, emergency roof repair needed to be done on the Civic Center, and since that time staff has endeavored to make needed interior and exterior repairs, the interior of the building needed to be dried-in before any type of assessment could be conducted. In-house staffs as well as contractors have accomplished this work and we have continued to work with FEMA as well as insurance to assist with the cost associated with this. In addition, EE&G conducted a "Limited Indoor Air Quality Assessment and Scope of Work for the Remediation of Water-Damaged Building Materials" on the Civic Center. The Civic Center will now need to have a damage inspection/assessment conducted and cost estimate to bring the building back to full operational condition. Staff sent out "Request For Proposal" for this work (all proposals attached for review) and is seeking approval to use the lowest bidder, Sunbelt Restoration, Inc., at a finn fixed price of $25,000.00. Central Services Project Reserves in the amount of $25,000.00 are available and staff is recommending use of these funds for the Civic Center assessment. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the use of Central Services Project Reserve Funds in the amount of $25,000.00 and approve to use the vendor, Sunbelt Restoration, Inc., to conduct the assessment on the Civic Center at a finn fixed price of $25,000.00 and authorize the Chair to sign the contract as prepared by the County Attorney. "Restoring the Sun belt, One Property V Time' CATASTROPHE RESTORATION SPECIALISTS AGREEMENT dated this day of 200--, at A.M., P.M., between (hereinafter referred to as "CLIENT") and SUNBELT RESTORATION, INC., Service Provider For The Insured (hereinafter referred to as "Sun belt"): The restoration management project will be completed with no additional cost to the CLIENT except for the insurance deductible and any code or construction requirements that are not included as coverage under the Insurance Policy. Services We Provide CLIENT hereby authorizes and retains SUNBELT to assist in the following assignments: 1. Inspection of interior and exterior of property to verify damages. 2. Document and photograph damages. 3. Assess and prepare written assessment, write restoration stipulations for repair of damages. 4. Provide on line project reporting including photographs, documents, time-lines, contacts, etc. 5. Prepare values related to the damages. 6. Meet with Insurance Company Representative on site to review scope of work and identify damages. 7. Provide replacement material component options for the CLIENT, comparable to or better than the existing damaged components. 8. Order and deliver the replacement materials trom a responsible commercial supplier of construction components. 9. Hire and supervise qualified crew technicians trained in the specific restoration trades applicable to the damages. 10. Apply and pay for any and all construction permits. 11. Notify your neighbors the day of construction for safety and courtesy reasons. 12. Demolition, haul away and dispose of all construction debris related to the scope of work to be perfOImed. 13. Restore the damaged areas in which the Insurance Company has agreed to pay for, using commonly excepted industry methods in a workmanlike manner. 14. Perform in-progress inspections of the restoration work. 15. Remove all debris and dispose of in an appropriate manner. 16. Perform post construction inspection with the Crew Chief, Project Manager, Restoration Coordinator, and the CLIENT, 17. Schedule and facilitate city, county or other jurisdiction:final inspections and approvals, 18. File Proof of Completion Affidavits, Supplements, Conditional Lien Waivers, and Final Invoicing to Insurance Company, Mortgage Company and other interested parties. 19. Facilitate Lien Waivers, Manufacturer's and Contractor's Warranties to the CLIENT, loss occurring on . ,200_ for the located at with Insurance Company, under Policy Number Sunbelt Restoration, Inc. 5555 W. Waters Ave, Suite 609, Tampa, FL 33618 813-235-5850 , " - \w' '-' Compensation and Payment Option 1 For such services to be rendered, CLIENT agrees to compensate SUNBELT with the total of the agreed upon amount of the insurance settlement recovered ITom all claims applicable to the scope of the restoration project, payable upon receipt of any full or partial insurance proceeds received, plus reimbursement of any costs and expenses incurred by SUNBELT with respect to any emergency work (i.e., electric, heating, pÍumbing, board-up, etc.) in conn~ction with the foregoing loss. The aforementioned fee shall be full compensation for services rendered. CLIENT agrees to assign to SUNBEL T the insurance proceeds to the extent necessary to satisfY such compensation as is agreed herein. CLIENT also agrees to direct all involved insurance companies to include the name of Sunbelt Restoration, Inc. as a joint payee on any checks or drafts issued as a result of said loss. CLIENT shall use SUNBELT exclusive to perform the Service contemplated WIder the Agreement and shall give the right to SUNBELT to provide copies of the Agreement (or excerpts or Summaries thereof) to insured and other tlrird parties with whom SUNBEL T has dealings in performing the Services under the Agreement. It is understood that if the CLIENT would like to upgrade materials ITom what is currently on the property and not covered under the CLIENT'S policy of insurance, or have additional work done, a charge may apply. Option 2 SUNBELT shall investigate and estimate the damages of the proposed property for a fee of $25,000.00 . For such services to be rendered, SUNBEL T will provide CLIENT with an itemized scope of the damages and repair estimates. If SUNBEL T does the restoration work, 50% of the scope fee will be credited back to the CLIENT. Sunbelt Restoration, Inc. 5555 W. Waters Ave, Suite 609, Tampa, FL 33618 813-235-5850 2 ,-,. ....., Kraus-Manning Construction Services June 14, 2005 Mr. Jess Baxley St. Lucie County Central Services 2300 Virginia Avenue F1. Pierce, FL 34982 Subject: Assessment & Estimate of Storm Damaged St. Lucie County Civic Center Ft. Pierce, Florida Dear Mr. Baxley, As requested, Kraus-Manning, Inc. (KMI) provides this lump sum proposal for the detailed assessment and estimate of the storm damaged 81. Lucie County Civic Center in Ft. Pierce, Florida. Our assessment and cost estimate will be based on include the visual observations of our. experienced staff. KMI has not included structural, building envelope, mechanical, electrical, or plumbing technical consultants in our costs. Rather, we have assumed that most of the damage can be assessed visually by the experienced KMI Team. We propose to utilize the following team to complete this report: ~ Mike Kraus, KMI Principal. I will provide oversight and review of the report and management of our Orlando based estimating team. ~ Paul Knopp. Paul will complete the property assessment and report preparation. ~ Ray Carroll. Ray will assist Mr. Knopp with completion of the property assessment, compilations of the expert reports, and assemble of the final report. ~ Estimator. Our Orlando based estimator will complete the estimate including onsite review of the property. We propose to provide the above noted team and complete the detailed assessment, estimate, and report including 4 copies for a lump sum fee of $14,000 inclusive of ordinary expenses. Special expenses for reproduction of additional reports out of house or assessments by other technical experts (i.e. structural, electrical, etc.) if requested, will be invoiced at cost plus 5%. If we obtain direction to proceed by June 20, 2005, KMI would commence the detailed onsite property assessment approximately June 30, 2005 and complete .our final report by July 8, 2005. Please review and advise. ~"!!.~l:. .r.. ~lT.ï1'\.A ~~"-:IItiIr4AMb Orlando, FL 32809 . Tel: 407.251.0085 CGC #25969 . PE #102403 www.kraus-mannino.com Fax: 407.251.1150 Å.. ~ " 7233 Lake Ellenor Dr. . Suite 100 · '-" ~ Subject: Assessment & Estimate of Storm Damaged SI. Lucie County Civic Center FI. Pierce, Florida June 14, 2005 2of2 Date: Page: For your information and to provide details of our firm's experience and qualifications, we have attached our firm's brochure for your review. Additionally, we have recently completed 12 detailed assessments of storm damaged hotels in the Daytona Beach are a which greatly assisted the Owner in resolving multiple claims with the insurance carriers. KMI is committed to provide you the best and most professional service possible. Sincerely, Inc. 7233 Lake Ellenor Dr. Suite 100 Orlando. FL 32809 Tel: 407.251.0085 CGC #25969' PE #102403 www.kraus-manninq.com Fax: 407.251.1150 Å.. ~ " ..."....."._ II"'¿ J. Lå''i A A ~~~.&:. .. a' . ¡Jun 20 05 08: 2: '-" . ' ' p.l ...." CONTRACT SERVICE ENTERPRISES, INC. 927 18th Avenue SW VERO BEACH, FLORIDA 32962 (772) 770-9131 June 20,2005 Mr. Jess Baxley St. Lucie County Central Services 2300 Virginia Avenue Ft. Pierce, FL 34982 Re: St. Lucie County Civic Center Hurricane Damage Estimate Dear MI. Baxley, Please let this letter serve as our proposal, to assist St. Lucie County in the aftermath of last year's storms. We propose to prepare a line item estimate and a statement ofloss, with supporting documentation, detailing the scope and price of covered stann. repairs. This proposal is for the estimate only and does not include negotiations with insurance companies. OUf fee for this service is 3% of the total estimated costs of damages. Our requested payment terms are as follows: A) The fee is due upon presentation of the completed estimate to 81. Lucie County Central Services. If this proposal meets with the County's approval, please indicate in the spaces provided below and this letter shall act as an agreement between us to proceed with the work. Respectfully submitted, ~c David C. Profitt President Contract Service Enterprises, Inc. CGC 06023 3 1 'r/ '" '-" """'" AGENDA REQUEST ITEM NO. C-13-A DATE: July 12, 2005 REGULAR [ ] PUBLIC HEARING [ CONSENT [ X ] PRESENTED BY: Paul Phillips TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport SUBJECT: Airfield Lighting Rehab - Change Order #3 - Extend Contract Expiration Date BACKGROUND: The airfield lighting rehab project in the amount of $1,113,553.48 began October 26, 2004. Two change orders have been approved by the board, change order number 1 in January, 2005 in the amount of$17, 771.00 and change order number 2 in May, 2005 in the amount of$257,019.28. At the time ofthe change orders it was anticipated that no additional time would be needed to complete the work. Due to recent weather conditions (rain) it has caused delays and the contractor, Florida Industrial Electric, Inc. has requested that their contract be extended for 63 days making the new contract expiration date September 23, 2005. FUNDS AVAILABLE IN ACCT#: N/A PREVIOUS ACTION: May 10,2005 the BOCC approved change order #2 in the amount of$257,019.28. January 11, 2005 the BOCC approved change order #1 in the amount of$17,771.00. RECOMMENDATION: Staff recommends that the Board approve Florida Industrial Electric, Inc. change order number 3 for a 63 day contract extension. This extension would extend the contract date to September 23,2005, for the Airfield Lighting Rehab Project at the S1. Lucie County International Airport. COMMISSION ACTION: MAPPROVED [ ]DENIED Approved 5-0 [ ]OTHER: Reviews & Approvals ~ County Attorney: ~ OMB Originating De~~ fþM;f~ther: Finance:(Check for Copy only, if applicable) Purchasing c?/'? Other: ., -r'" '-' CBAØG& O1U)D 13 OWNER: St. Lucie County IDtema1ioaal Airport OWNER'S ADDRESS: St. Luäe COIIaty, 234Mt VirgiDia Ayeaue, St. Lade, FL 34981 CHANGE ORDER N03 PROJ. NO. 071378 (J"BS&J) CONTRAcroR: Florida ladastrial EIeetrie, lac:. ADDRESS OF CONTRACfOR: 1050 MiBer Drin, AltamOllte Spriags, FI, 32701 CONTRACT DESCRIPTION: UfJRJ'IIfle 11teplaœ Airfield J .~ CONTRACT DATE: NTP -l0J2fiJ04 NO WORK COVERED BY TH!S CHANOE ORDER MAY PROCEED UNTIL CONTRACTOR IS 1N RECEIPT OF A COpy FULLy EXECUTED BY THECONTRACTOR. THE OWNER AND THEENGlNEER. IF CONTRACIURIS ¡¡.¡ AGREEMENT WITH THIS CHANGE, HE SHOULD EXECUTE AU. COPIES AND RETURN ALL COPIES TO THE CONSTRUCTION PROÆCTMANAGER WITHIN SEVEN (7) CALENDARDA ys. THIS CHANGE WILL INCREASE OR DECREASE lHECONTRACT AMOUNT ANDTIME TO COMPLETE BY THE AMOUNT SHOWN IIEWW. THI: GENERAL, SUPPLEMENTARY ANDOTHERCONDITIONS()fTHECONTRACT SHAlL APPLY TO THIS CHANGE ORDER UNLESS EXPRESSLY MOÐJFIED BY THIS CHANGE. ~----------------------------------------------------------------------------------------------- DESCRIPTION OF CHANGE: This change order is for additiooal CODtract 1ime only. Contract price remains unchanged. The last dumge order (Change Order #2) lidded $257,(H9.28 worth of services to this contnlCt, however, the Con1ractor inadvertently did not request additional contract time necessary to provide the additional services. This change order shall compensate the contractor for 52 calendar days uecessat)' to complete Change Older 2 work, as well as I I calendar days tor time lost during the project due to adverse weather. .-- ---------------------------------------------------------------- CONTRACT TIME INCREASE I DECREASE BY NEW CONTRACT TIME 333 DAYS. DAYS. 63 -----------------~-----------------------------------------------------------.------------------ ORIGINAL TOTAL CONTRACf PRICE....................................... ..... ....... ....$1138,763.20 APPROVED ADDmONS TO CONTRACf TO DATE................................. $274,790.28 APPROVED DEI.F.TION!! TO CONTRACf TO DATE..-.............................$O AMOUNT OF TIllS CHANGE ORDER ADD ~ REVISED TOTAL CONTRACf PRIeR....................................................... $1,113,553.48 PERCENTAGE TIllS CHANGE OF ORIG. CONTRACf PRICE 0 % ~._-------------------------------------------------------------------------------------------. CONTRACTOR ACKNOWLEDGES. BY ITS EXECUTION AND ACCEPTANCE OF THIS CHANGE ORDER, THAT THE ADJUSTMENTS IN CONTRACf PRICE AND TIME SHOWN HEREON CONSTITUTE FULL AND COMPLETE COMPENSATION AND SATISFACflON FOR ALL COSTS AND MODIFICATIONS OF PERFORMA1'(CE TIME INCURRED BY THE CONTRACTOR AS A RESULT ()f THIS CHANUE ORDER. NO OTHER CLAIM fOR INCREASED COST OF PERFORMANCE OR MODIFICATIONS OF TIME WIll.. BE GRANTED BY11IEOWNER fOR THF. WORK C'.oVF.I!F.O RY Tm~ CffANfiF.. THF. CONTRACTOR fffiRF.BY WAJVFj¡ ANn REI.F.A~I'!'; ANY FURTHER CLAIMS fOR COST OR TIME AGAINST THE OWNER ARISING FROM OR RELATING TO TIlE MATJ'ERS OR WORK SET FORTH OR CONTEMPLATED BY TIlTS CHANGE ORDER. CUN1RAGIUR'S A(;C!:¡PTAN(;E: ATTEST: ~ìJ Tyr- 7-/-/Cí"Ç DATE: BY: lITLE: DATE: \. ¡ \ ia-co.š RECO~ORAPP.. ROVAL: PBS&J\ ~\~j'i'J\ ./ ,. ......" ..:\ --------------------------------------------------------------------------.-------------------- OWNER'S APPROVAL: BY: DATE: ._----*--- ._------------------------------------------------------------------------------------ ""'" " ... "- ...,.¡ SI. Lucie County INTERNATlOrAL AGENDA REQUEST ITEM NO. C - 13 - B DATE: July 12,2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport Paul A. Phillips SUBJECT: Wings and Wheels Air Military and Vehicle Show, Airport Use Agreement Amendment BACKGROUND: Last year the Board approved a request from Treasure Coast Victory Children's Home to conduct an annual air show at the airport. The air show featured two full days of static displays, attractions, and reenactments. This Use Agreement Amendment reflects a request from the Victory Forge Military Academy & Boot Camp for a new date upon the same terms and conditions set forth in the Use Agreement. As depicted in the request, the Wings & Wheels Air & Military Vehicle Show wil be scheduled for the last weekend in March. Based on consultation with others in the airshow industry, this change will allow for maximum participation from military jet teams. This air show is designed to garner positive public support for the efforts of Victory Children's Home, and St. Lucie County International Airport. FUNDS AVAILABLE IN ACCT#: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Use Agreement Amendment with Treasure Coast Victory Children's Home, Inc. to conduct a Wings and Wheels Air Military and Vehicle Show, at St. Lucie County International Airport, during the final weekend of March 2006, and direct the County Attorney to prepare the amendment for the Chair's signature. COMMISSION ACTION: 1tlAPPROVED [ ]DENIED Approved 5-0 [ ]OTHER: Reviews & Approvals Ch/ County Attorney_. ¡/£ OMB Originating Dept: , Other: Finance: (Check 0 y nly, if applicable) E: Purchasing Other: , - . .. IIIlYl'(JR JT Il(Jll(¡Ji ...." "We 're rebuilding young men... mind, soul and body. " ~I . I.. . '.".i~ II. Y A(:::A')J!:~IY &: 1100'." (:::.i~~.I· a Program ofrrJiäory Cfii!áren's J{ome Ms. Barbara Churchill St. Lucie County International Airport 3000 Curtis King Blvd. Fort Pierce Florida, 34946 June 25, 2005 Dear Barbara, This letter is to fonnally request a change of date for Wings 'N Wheels Air, Military & Vehicle Show for the year 2006 and afterward. We have researched dates and have detennined that to get maximum participation from Military Jet Teams like the Blue Angels and more representation from single Tactical Demo Planes like the F-15, F-22 and others that we need to move our show to the last weekend in March. This weekend is open for the teams and we would like to capitalize on their availability. We believe that to take the show to the next level we need to make every effort to get the Jets and Tac DeIIio'tea:rrn. Thank your for consideration of our request and thank you again for your support of Wings 'N Wheels Air, Military & Vehicle Show. Sincerely, ~ Colonel Alan Weiennan Commanding Officer 602 SW Biltmore Street . Port St. Lucie Florida 34983 phone 772-879-7181 www.victoryhomes,org fax 772-878-8160 '-' ..., AGENDA REQUEST ITEM NO: C-14A DATE: July 12,2005 Regular [ ] Public Hearing [ ] Consent [X] TO: Board of County Commissioners PRESENTED BY: John Franklin, Housing Manager SUBMITTED BY: Community Services Department SUBJECT: Permission to advertise an IFB to replace RFP for Community Development Block Grant (CDBG) Housing Rehabilitation Projects. BACKGROUND: The St. Lucie County Housing Program recently completed housing rehab and lead based paint inspections on five (5) substandard housing units that will be rehabilitated to correct code violations under the County's CDBG and SHIP programs. FUNDS AVAIL: 001172-6420-549605-600 (CDBG Grant - Domestic Subsidy) PREVIOUS ACTION: The Board approved advertising RFP's for a CDBG consultant for grant administration on January 6, 2004. The Board approved advertising for the First Public Hearing on February 24,2004 and the Second Public Hearing on March 16, 2004. The Board approved the CDBG grant application and the Local Housing Assistance Plan on March 16, 2004. The Board approved a contract with Nancy Phillips & Associated L.C. to administer the CDBG program on April 6, 2004. On June 28, 2005 the Board approved advertising for RFP's for the CDBG Projects. RECOMMENDATION: Staff recommends the Board grant permission to advertise for an IFB to replace RFP for Community Development Block Grant (CDBG) Housing Rehabilitation Projects. COMMISSION ACTION: NCE: [X] APPROVED [ ] DENIED [ ] OTHER Approved 5-0 o as MAnderson County Administrator Coordination/Sianatures County Attorney: x :; Management & Budget x~ Other: Purchasing: x af Finance: x Check for copy Other: Originating Department: w ..d 7408 Edisto Drive Lake Worth, Florida 33467 MEMORANDUM NANCY PHILLIPS & ASSOCIATES, L.c. Tel: FAX: 561-432-1524 561-432-6734 June 10, 2005 TRANSMITTED VIA EMAIL TO: St. Lucie County Board of County Commissioners FROM: Nancy Phillips, Community Development Block Grant (CDBG) Consultant SUBJECT: Request Pennission to Advertise CDBG Housing Rehabilitation Projects The St. Lucie Housing Program has recently completed housing rehab and lead paint inspections on five (5) substandard housing units that will be rehabilitated to correct code violations under the County's CDBG and S.H.J.P. programs. The County would like to request pennission to advertise the bid opportunities for the following housing units: 1. Isiah & Juanita Branom 3809 Avenue "P" Ft. Pierce, FL 34947 Household Size - 2 Income Level - Very Low Income (VLI) Please note that this housing unit tested positive for lead paint. 2. Pasquale & Rose A. Campellone 5100 Seagrape Lane Ft. Pierce, FL 34982 Household Size - 4 Income Level- Low-to-Moderate (LMI) 3. Karen Ketchum 149 NE Jardin Road Port St. Lucie, FL 34983 Household Size - 1 Income Level -LMI w 4. James E. Martin 3226 Naylor Terrace Ft. Pierce, FL 34982 Household Size - I Income Level- LMI Please note that this housing unit tested positive for lead paint. 5. Lucile Owens 103 Tropic Court Ft. Pierce, FL 34946 Household Size - 1 Income Level - VLI Your consideration of this request is greatly appreciated. /nsp ."." -r .;l ~ AGENDA REQUEST I~ NO. C- ¡Yß DATE: July 12,2005 REVISED REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: Board of County Commissioners PRESENTED BY: John Franklin, Housing Manager SUBMITTED BY : Community Services Department SUBJECT: Request Board Approvol of the Hurricane Housing Recovery Plan (HHRP) in order to accept the grant funds of $7,296,658, amendment of the SHIP Local Housing Assistance Plan (LHAP) for consistency, Resolution No. 05-280 adopting the HHRP, Resolution No. 05-285 amending the SHIP LHAP and authorizing for the Chair to sign all documents necessary to accept the funding. FUNDS AVAILABLE: There is no cash match for this project. PREVIOUS ACTION: The Board amended the SHIP LHAP on April 20, 2004. Memorandum No. 05- 124 is attached. RECOMMENDATION: Approve the Hurricone Housing Recovery Plan (HHRP), approve amending the SHIP Local Housing Assistance Plan to be consistent with the HHRP, approve Resolution No. 05-280 and Resolution No. 05-285 ond authorize the Chair to sign all documents necessary to accept the funding. COMMISSION ACTION: M APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Douglas M. Anderson County Administrator Review and APproval~sf):;;. . ....~- .' '(t '^~ c~u~ty ~ttorney: x_.., ..,/...') )", Management & Budget: x~/rr IM;rchasing: - Onglnatlng Dept: x...:---+-( // Other: _ Other: - Finance: _ ,(, h 'fo(Copy only, if applicable) t " .. '-' ...,., COMMUNITY SERVICES ~ ~ MEMORANDUM #05-124 FROM: ~:::dF::~:~:::::i::::;: , ' ))) /-/ - Approval of the Hurricane Housing Recovery Plan and Amending the Ship Local Housing Plan TO: SUBJECT: DATE: July 12, 2005 The State of Florida allocated $208,000,000 to assist the communities that were damaged by the 2004 hurricane season. The allocation for St. Lucie County which includes Fort Pierce, Port St. Lucie and the unincorporated County was a total of $21,889,974. Each entity is writing plans for $7,296,658. Under the rules, in order to access the Community Collaboration Supplement, which is included in the above figure, the Cities and the County must work together and the following strategies will enable a collaborative effort. Attached is the Florida Housing announcement of the funding. These funds can be used for many different strategies. The State deadline for submitting the Hurricane Housing Recovery Plan (HHRP) is August 1, 2005. Therefore, staff has drafted the attached plan for Board approval with the understanding that this plan can be, and most likely will be, amended at a later time. The strategies cover; Repair and replacement of site built housing; Land acquisition, through community land trusts or other means; Construction and development financing; Down payment, closing cost, and purchase price assistance for site-built homes; Limited repair for post 1994 manufactured homes and replacement for manufactured homes on a case-by-case basis; Acquisition of building materials for home repair and construction; Implementation of long-term recovery plans through a community collaborative, which includes INTACT, the long-term recovery program for St. Lucie County; Housing re-entry assistance, such as security deposits, utility deposits; Foreclosure eviction prevention; Hazard Mitigation and, Capital to leverage other private and public resources. .Ii· .) \..i ., Memorandum No. 05-124 July 12, 2005 Page 2 The HHRP increases all the maximum assistance levels because of the rise in home prices. Each case will be evaluated and only the appropriate level of assistance will be authorized. For consistency, staff is requesting permission to amend the SHIP Local Housing Assistance Plan to reflect the maximums in the HHRP and the recapture provisions. Again, only after careful evaluation will the level of assistance be approved. Recommendation: Approve the Hurricane Housing Recovery Plan (HHRP), approve amending the SHIP Local Housing Assistance Plan to be consistent with the HHRP, approve Resolution No. 05-280 and Resolution No. 05-285 and authorize the Chair to sign all documents necessary to accept the funding. \w '-' ".' July 12,2005 Mr. Robert Dearduff, Program Administrator Florida Housing Finance Corporation 227 North Bronough Street, Suite 5000 Tallahassee, Florida 32301 Re: Community Collaboration Statement Dear Mr. Dearduff: In compliance with State of Florida Rule 67ER05, F.A.C., the St. Lucie County Board of County Commissioners approves the distribution of $21 ,889,974 of Hurricane Housing Recovery Program funds for projects within St. Lucie County: Dollar Amount City ofPort St. Lucie $7,296,658 City ofFort Pierce $7,296,658 St. Lucie County $7,296,658 The County is collaborating with the Cities of Fort Pierce and Port St. Lucie, business interests, social service agencies and faith-based organizations, as outlined in our Hurricane Housing Plan. Sincerely, Frannie Hutchinson Chair, St. Lucie County Board of County Commissioners · '-" >oJ , ST. LUCIE COUNTY HURRICANE HOUSING RECOVERY PLAN (HHRP) FISCAL YEARS COVERED 2005/2006, 2006/2007 and 200712008 SUBMITTED, JULY 2005 ! ' '-" ~ ST. LUCIE COUNTY HURRICANE HOUSING RECOVERY PLAN Table of Contents I. Program Description. ..................................... ...................................................................1 II. HHR Housing Strategies ..................................................................................................1 A. Repair/Replacement of Site Built Housing.......................................................... 1 B. Hazard Mitigation................... .............................................................. ................3 C. Land Acquisition.................... ......................................... .....................................4 D. Home Purchase ....................................................................................................4 E. Repair Post 1994/Replacement for Manufactured Homes ...................................5 F. Acquisition of Building Materials ........................................................................6 G. Non-profit/For-profiUCBO Home Ownership & Rental Assistance ...................6 H. Housing Re-entry and Eviction Prevention Assistance .......................................7 I. Capital to Leverage Other Private and Public Resources......................................8 1. Construction and Development Financing..........................................................9 III. Extremely Low Income Strategy .....................................................................................10 IV. Community Planning Strategy .........................................................................................1 0 V. Administrative Budget.....................................................······..····..······...12 VI. Compliance Issues. .. . .. . . .. . . . . . . . . .. . .. . . . . . . . .. . . ... .. . . . .. ... . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . 12 VII. List of Exhibits ................................................................................. 12 ii ~ ' '-' 'wi ST. LUCIE COUNTY HURRICANE HOUSING RECOVERY (HHR) PLAN I. PROGRAM DESCRIPTION A. Name of Local Government: St. Lucie County Base Allocation Request: $5,472,494 Extremely Low Income Request: $1,094,499 Community Planning Request: $729,666 Name of participating local govemment(s) or other agencies in the Community Planning Strategy: City of Fort Pierce, City ofPort S1. Lucie B. Purpose of the program: Section 420.9072, F.S. and Chapter 67-37.005(3), F.A.C. This Plan has been created for the purpose of providing strategies to utilize Hurricane Housing Recovery (HHR) funding for affordable housing recovery efforts for very low, low and moderate-income households in S1. Lucie County. II. HHR HOUSING STRATEGIES: Chapter 67-37.005(5), F.A.C. A. NAME OF STRATEGY: REPAIR/REPLACEMENT OF SITE BUILT HOUSING: a. Summary of the Strategy: The HHR Repair/Replacement program combines the SHIP Repair/Rehab Strategy and the SHIP Repair/Replacement portion of the Disaster Mitigation program and will be used to supplement those strategies. The program provides funds to owner-occupants through repair or replacement/reconstruction assistance, eliminating housing related code violations, correcting safety and sanitary issues and adding needed living space. Assistance for low-and moderate-income homeowners is limited to funding for emergency repairs (such as needed hurricane repairs, actively leaking roofs, non-functioning air conditioning/heating systems, corrections of housing related code violations, etc.) and water/sewer hookup for failed or failing systems. All program elements, including energy efficient upgrades, retrofitting or adding handicapped accessibility items and payment of Water/Sewer Assessments will be handled in the same manner as set out in the SHIP Housing Assistance Plan. A special funding cycle for Hazard Mitigation may be held for activities such as payment of water sewer hookups and shutter protection. Funding cycles may be limited to very-low income to comply with state requirements. 1 ! . '-" '....I Also, funding may be provided on a case-by-case basis to the INTACT long term recovery committee for small repairs to eligible homeowners. b. Fiscal Years Covered: 2005/2006; 200612007; 2007/2008 c. Income Categories to be Served: Very-low, low and moderate income households (up to 120% of median income adjusted for family size). d. Maximum award as noted on the Hurricane Housing Goals Chart: $80,000 e. Terms, Recapture and Default: The assistance will be in the form ofa grant, with no recapture or a deferred payment loan with no interest, due and payable when the home is sold. This will be determined on a case-by-case basis depending on the project and amount of funding needed. All loans provided to households will be contractually subject to recapture as per the County's recapture requirements. These recapture provisions will be enforced by a note and second mortgage on the property. The assistance to very low, low and moderate- income homeowners will be a loan. The funds that come from St. Lucie County will be in the form of a 0% interest loan that must be paid back to the County either by payments or due on sale. These 0% loans have a maximum term of (30) years and provide a below market supplement to private market financing. Loans are deferred and will have a specific period and term for repayment, as stipulated in the second mortgage, beginning five years after closing (this includes Purchase-Rehab construction amounts). The payment must at least $25.00 per month. Should the owner move and/or vacate from the property or sell the unit before the thirty (30) years have passed, the balance of the loan will be due and repayable to the St. Lucie County Housing Trust Fund for use in assisting other eligible households. Legally binding contractual agreements between property owners and the County will detail specific recapture provisions and terms and will include, but not necessarily be limited to, mortgages and notes. The loans noted above are a form of housing assistance to Very-low, Low, and Moderate-income households. The loan is non-transferable to another person. Therefore, the borrower must pay off the loan if the property is sold, rented, or otherwise vacated. Any amounts received will be paid to the HHR Housing Trust Fund for use in assisting another eligible household. f. Recipient Selection Criteria: Applications will be selected for funding based upon the following criteria: 1. Selection Criteria: (1.) Income: Assistance will be provided to households with incomes that do not exceed 120% of median income adjusted for family size. 2 . ' . '-" '-" (2.) Cash on hand/Assets: Same guidelines as SHIP Repair/Rehab. (3.) Credit Worthiness: Same guidelines as SHIP Repair/Rehab. (4.) Ranking Procedure: If there is insufficient funding for all files eligible and ready for selection, files will be ranked according to criteria set out in the SHIP Repair/Rehab strategy. g. Sponsor Selection Criteria: Funds will be made available on a case-by-case basis to the INTACT long-tenn recovery organization. h. Additional Infonnation: None B. NAME OF STRATEGY: HAZARD MITIGATION a. Summary of the Strategy: The HHR Hazard Mitigation program is designed to supplement the Repair/Replacement program for mitigation activities only. It covers activities such as water/sewer hookups and shutter protection. Clients who qualify for the repair program may be eligible for hookups and shutters under that program if there is sufficient funding. If there is insufficient funding to cover those activities, or if the household does not require repair funding, the Hazard Mitigation strategy can assist those clients. Special cycles may be limited to low and/or very-low-income to comply with state set-aside requirements. b. Fiscal Years Covered: 2005/2006; 2006/2007; 2007/2008 c. Income Categories to be Served: Extremely-low, Very-low, low and moderate income households (up to 120% of median income adjusted for family size). d. Maximum award as noted on the Hurricane Housing Goals Chart: $17,000 e. Tenns, Recapture and Default: Households provided with Hazard Mitigation Assistance will be contractually subject to the HHR program recapture requirements. See Item A( e) above for specific infonnation on the recapture requirements. All inspection/project fees and recording costs will be provided as a grant. f. Recipient Selection Criteria: Applications will be selected for funding based upon the following criteria: a. Selection Criteria: (a.) Cash on hand/Assets: Same guidelines as Repair/Replacement above. (b.) Credit Worthiness: Same guidelines as RepairlReplacement above. (c.) Ranking Procedure: If there is insufficient funding for all files eligible and ready for selection, files will be ranked according to criteria set out in the SHIP Repair/Replacement strategy. 3 '-' ...,,¡ g. Sponsor Selection Criteria: Not applicable Additional Infonnation: None c. NAME OF STRATEGY: SCATTERED SITE LAND ACQUISITION FOR HOME BUILDING PROGRAM a. Summary of the Strategy: The land acquisition strategy will be utilized for the purchase of individual scattered building lots for very-low and low income clients whose homes are being built by Habitat for Humanity or an approved private contractor. The County wilI work with these contractors to develop pre-approved plans for homes that may be constructed on these lots. The strategy may be used in combination with our home purchase (down payment and closing cost assistance) program. b. Fiscal Years covered: 2005/2006; 2006/2007; 2007/2008 c. Income Categories to be served: Very low and low income. d. Maximum award as noted on the Hurricane Housing Goals Chart: $90,000 e. Tenns, Recapture and Default: A mortgage in the amount of the appraised value at the time of construction will be recorded against the property. This wilI be a deferred loan, with no interest, due and payable when the home is sold. Under consideration is Community Land Trusts, resale restrictions and shared equity mortgages that may be used in connection with this strategy if approved and available for implementation during the required time frame. f. Recipient Selection Criteria: Households must meet income and other qualifying guidelines set forth under SHIP Home Purchase Program, have the ability to qualify for a new home being built by Habitat or an approved private or nonprofit contractor and accept the approved plans available for the program. g. Sponsor Selection Criteria: Contractors wishing to work with this program must either respond to an RFP, or the County may piggyback on existing contracts that follow under state purchasing guidelines for a similar project. g. Additional Infonnation: None D. NAME OF STRATEGY: HOME PURCHASE PROGRAM a. Summary of the Strategy: The HHR Home Purchase Program supplements the SHIP Home Purchase Program. The program provides assistance for eligible families to purchase newly constructed homes or existing homes that have recently been repaired or are currently in need of repair. HHR monies may be used for down payment, closing costs, prepaids, and/or eligible repair/rehabilitation. Home purchase assistance may be used in conjunction with land acquisition for very low, low, and moderate income applicants. 4 ~ ....", b. Fiscal Years covered: 2005/2006; 2006/2007; 2007/2008 c. Income Categories to be served: Very-low, low and moderate income households d. Maximum award as noted on the Hurricane Housing Goals Chart: $80,000 e. Terms, Recapture and Default: All households provided with assistance under the Home Purchase Program will be contractually subject to the County's recapture requirements. See Repair/Replacement Strategy Item A(e) above. f. Recipient Selection Criteria: Applications will be selected for funding based upon the following criteria: 1. Selection Criteria: (1.) Income: Assistance will be provided to Very-low, low and moderate income households. (2.) Credit Worthiness: Same guidelines as SHIP Home Purchase. (3.) Housing Debt (Affordability): Same guidelines as SHIP Home Purchase. (4.) Ranking Procedure: Same guidelines as SHIP Home Purchase. g. Sponsor Selection Criteria: Not applicable h. Additional Information: None E. NAME OF STRATEGY: REPAIR POST 1994/REPLACEMENT FOR MANUFACTURED HOMES a. Summary of the Strategy: Our intent is to offer funding to repair post 1994 manufactured homes, where feasible, or help replace manufactured homes if necessary, and/or assist with the payment of Water/Sewer Assessments. This may be accomplished in coordination with !NT ACT long-term recovery committee. b. Fiscal Years covered: 2005/2006; 2006/2007; 2007/2008 c. Income Categories to be served: Very low and low income (up to 80% of median). d. Maximum award as noted on the Hurricane Housing Goals Chart: $80,000 on a case by case basis e. Terms, Recapture and Default: The assistance will be in the form of a grant, with no recapture or a deferred payment loan with no interest, due and payable when the home is 5 , ' '-" .....I sold. This will be detennined on a case-by-case basis depending on the project and amount of funding needed. £ Recipient Selection Criteria: Same as guidelines under SHIP Repair/Rehab. g. Sponsor Selection Criteria Funding may be made available for small repair projects for the INT ACT Committee. h. Additional Infonnation: None F. NAME OF STRATEGY: ACQUISITION OF BUILDING MATERIALS a. Summary of the Strategy: This strategy will be activated for use in conjunction with direct funding to INTACT, the long tenn recovery collaborative community partnership organization for St. Lucie County or other Non-Profits. These groups will receive funds to purchase building supplies in coordination with volunteers for repair of homes for needy families. b. Fiscal Years covered: 2005/2006; 2006/2007; 2007/2008 c. Income Categories to be served: Ultimate recipients will be Very-low, low and moderate income households. d. Maximum award as noted on the Hurricane Housing Goals Chart: $2,000 per household served e. Tenns, Recapture and Default: The assistance will be in the fonn of a grant, with no recapture. f. Recipient Selection Criteria: Ultimate recipients will be selected according to need and income category by sponsor. g. Sponsor Selection Criteria: Funding intended for long-tenn recovery organizations in St. Lucie County. h. Additional Infonnation: None G. NAME OF STRATEGY: NON-PROFIT/FOR-PROFIT/CBO - HOMEOWNERSHIP AND RENTAL ASSISTANCE PROGRAM a. Summary of the Strategy: This program.allows nonprofits, for profits and Community Based Organizations (CBO's) to apply for grants or loans to pay up to $12,000 per unit in impact fees and/or construction costs for homeowners hip or rental projects. Eligible fees and costs include building pennit and utility hookup fees, or any other costs nonnally associated with construction of a residential building. In general, these organizations must provide housing for households with incomes at 80% of the median or below. All 6 '-" .-.J organizations must provide housing at a substantial benefit to the client(s). Funding may be reserved to serve extremely-low and/or very-low income clients to comply with state set- aside requirements. b. Fiscal Years covered: 2005/2006; 2006/2007; 2007/2008 c. Income Categories to be served: Assistance will be provided to organizations serving households with incomes not to exceed 80% of the Area Median Income. d. Maximum award as noted on the Hurricane Housing Goals Chart: $12,000 per unit e. Tenns, Recapture and Default: The assistance will be in the form of a grant, with no recapture or a deferred payment loan. This will be detennined on a case-by-case basis depending on the project and amount of funding needed. f. Recipient Selection Criteria: Ultimate recipients will be selected according to need and income category by sponsor. g. Sponsor Selection Criteria: Generally, applications from organizations will be accepted while funding is available. Documentation regarding purpose and scope of project and sponsor's organizational and housing-related experience will be required to qualifY for HHR funds. Successful candidates will be selected according to the following criteria: · Proposed development's consistency with S1. Lucie County's Comprehensive Plan · Amount or percentage of private funds leveraged per unit in relation to unit value · Development provides housing for very-low, low- or moderate income households, with very-low households targeted where possible. · Organization's past experience with affordable housing developments · Priority will be given to eligible sponsors who employ personnel from the WAGES and Workforce Initiatives program. · Ability to complete project before allocated funds must be expended. h. Additional Infonnation: None H. NAME OF STRATEGY: HOUSING RE-ENTRY AND EVICTION PREVENTION ASSISTANCE PROGRAM a. Summary of the Strategy: This purpose of this strategy will be to provide rental assistance, such as security deposits, utility deposits, temporary storage of household furnishings, and mortgage or rental payments for very-low and low income clients. The intent of the strategy is to provide a limited amount of funding to be administered by a nonprofit organization for delivery to the extremely low, very-low, and low income recipients; moderate income recipients may be helped on a case-by-case basis. b. Fiscal Years covered: 2005/2006; 2006/2007; 2007/2008 7 '-' ...",./ c. Income Categories to be served: Assistance for households with incomes notto exceed 120% of the Area Median Income. Very-low and low income households will be targeted. d. Maximum award as noted on the Hurricane Housing Goals Chart: $5,000 per household. e. Terms, Recapture and Default: The assistance will be in the form of a grant, with no recapture. f. Recipient Selection Criteria: Recipients will be selected by sponsor on a first come first served basis according to need and income category. g. Sponsor Selection Criteria: Generally, applications from organizations desiring to administer the program will be accepted while funding is available. Documentation regarding client need and eligibility and sponsor's organizational and housing assistance- related experience will be required to qualify for HHR funds. Successful candidates will be selected according to the following criteria: · Organization's past experience with direct assistance. · Outreach capability to targeted client group and ability to serve St. Lucie County residents. · Proof of acceptable verification of client eligibility process h. Additional Information: None I. NAME OF STRATEGY: CAPITAL TO LEVERAGE OTHER PRIVATE AND PUBLIC RESOURCES a. Summary of the Strategy: Proposals envisioned for this strategy include the following: . Multi-family/single family bond issuance subsidies or set asides for down payment/closing cost assistance b. Fiscal Years covered: 2005/2006; 2006/2007; 2007/2008 c. Income Categories to be served: Assistance will be provided to organizations serving households with incomes not to exceed 120% of the Area Median Income, with funds targeted to benefit very-low and low income. d. Maximum award as noted on the Hurricane Housing Goals Chart: $75,000 per unit. e. Terms, Recapture and Default: The assistance will be in the form of a grant, with no recapture or a deferred payment loan. This will be determined on a case-by-case basis depending on the project and amount offunding needed. f. Recipient Selection Criteria: Not applicable 8 > . '-' ..." g. Sponsor Selection Criteria: Generally, applications from organizations will be accepted as funding is available. Documentation regarding purpose and scope of project and sponsor's organizational and housing-related experience will be required to qualify for HHR funds. Successful candidates wil1 be selected according to the fol\owing criteria: · Proposed development's consistency with St. Lucie County's Comprehensive Plan · Amount or percentage of private funds leveraged per unit in relation to unit value · Organization's past experience with affordable housing developments · Priority will be given to eligible sponsors who employ personnel from the WAGES and Workforce Initiatives program. · Ability to complete project before al\ocated funds must be expended. h. Additional Information: None J. NAME OF STRATEGY: CONSTRUCTION AND DEVELOPMENT FINANCING: a. Summary of the Strategy: Proposals envisioned for this strategy are similar to the "capital to leverage public and private funds strategy" and include the following: . Multi-family/single family bond issuance subsidies or set asides for down payment/closing cost assistance. . Multi-family collaboration rental or ownership strategy with the City of Port St. Lucie and City of Fort Pierce on property in the County and/or City of Fort Pierce and/or City of Port St. Lucie. b. Fiscal Years covered: 2005/2006; 200612007; 200712008 c. Income Categories to be served: Assistance will be provided to organizations serving households with incomes not to exceed 120% of the Area Median Income with funds targeted to benefit very-low and low. d. Maximum award as noted on the Hurricane Housing Goals Chart: $75,000 per unit e. Terms, Recapture and Default: The assistance may be in the form of a grant, with no recapture or a deferred payment loan. This will be determined on a case-by-case basis depending on the project and financing required. f. Recipient Selection Criteria: Not applicable g. Sponsor Selection Criteria: Generally, applications from organizations will be accepted while funding is available. Documentation regarding purpose and scope of project and sponsor's organizational and housing-related experience will be required to qualifY for HHR funds. Successful candidates will be selected according to the fol1owing criteria: · Proposed development's consistency with S1. Lucie County's Comprehensive Plan 9 , ' \w' -...I · Amount or percentage of private funds leveraged per unit in relation to unit value · Organization's past experience with affordable housing developments · Priority will be given to eligible sponsors who employ personnel from the WAGES and Workforce Initiatives program. · Ability to complete project before allocated funds must be expended. h. Additional Information: None III. EXTREMELY LOW INCOME STRATEGY a. Summary of the Strategy: Funding for this strategy may be pooled with funds from the City ofPort St. Lucie and the City of Fort Pierce if a project is found to be beneficial for all parties. Proposals envisioned for this strategy include the following: · Multi-family/single family bond issuance subsidies or set asides for down payment/closing cost assistance for home ownership or rental projects that assist Extremely Low Income clients · Extremely Low Income leveraging for multifamily rental project in St. Lucie County · Housing re-entry and eviction prevention assistance for Extremely Low Income. b. Fiscal Years covered: 2005/2006; 2006/2007; 2007/2008 c. Income Categories to be served: Assistance will be provided to organizations serving households with incomes not to exceed 30% of the Area Median Income. d. Maximum award as noted on the Hurricane Housing Goals Chart: $5,000 per unit e. Terms, Recapture and Default: Direct Client Assistance will be in the form of a grant, with no recapture. Project assistance may be in the form of a deferred payment loan on a case- by-case basis depending on the project and funding required. f. Recipient Selection Criteria: Not applicable g. Sponsor Selection Criteria: Generally, applications from organizations will be accepted while funding is available. Documentation regarding purpose and scope of project and sponsor's organizational and housing-related experience will be required to qualify for HHR funds. h. Additional Information: None IV. COMMUNITY PLANNING STRATEGY a. Summary of the Strategy: This strategy may be coordinated with the City of Port St. Lucie and the City of Fort Pierce and funding may be pooled if a project is found to be beneficial for the entire S1. Lucie County. Proposals envisioned for this strategy include the 10 , . \.., ..., following: · Funding for subsidies or predevelopment costs required to leverage state or federal funding for multifamily ownership or rental unit to be built in St. Lucie County. These projects may be funded under Construction and Development Financing or Capital to Leverage Private and Public Resources strategies. · Multi-family/single family bond issuance subsidies or set asides for down payment/closing cost assistance for home ownership or rental projects that assist clients under 120% of median. These projects may be funded under Construction and Development Financing or Capital to Leverage Private and Public Resources strategies · Coordination with the City of Port St. Lucie and the City of Fort Pierce on providing building materials to INTACT long term recovery committee under the Building Materials Strategy. · Coordination with the City of Port St. Lucie and the City of Fort Pierce to provide direct client assistance through nonprofit organizations for Housing Re-entry and Eviction Prevention. · Coordination with INTACT on small repairs for eligible homeowners under the Repair strategy. b. Fiscal Years covered: 2005/2006; 2006/2007; 2007/2008 c. Income Categories to be served: Assistance will be provided to organizations serving households with incomes not to exceed 120% of the Area Median Income. d. Maximum award as noted on the Hurricane Housing Goals Chart: $50,000 per unit e. Terms, Recapture and Default: Subsidies will be in the form of a grant, with no recapture or a deferred loan depending on the project and funding needed. Predevelopment costs may be repaid when units are sold. f. Recipient Selection Criteria: Not applicable g. Sponsor Selection Criteria: Generally, applications from private or public organizations or Housing Finance Authorities will be accepted while funding is available. Documentation regarding purpose and scope of project and sponsor's organizational and housing-related experience will be required to qualify for HHR funds. On alI collaborative projects, selection of successful candidate will be coordinated with the City of Port S1. Lucie and the City of Fort Pierce and may include the folIowing criteria: · Proposed development's consistency with Comprehensive Plans · Amount or percentage of private funds leveraged per unit in relation to unit value · Organization's past experience with affordable housing developments · Priority will be given to eligible sponsors who employ personnel from the WAGES and Workforce Initiatives program. · Ability to complete project before allocated funds must be expended. 11 \w -.I h. Additional Information: None v. ADMINISTRATIVE BUDGET: a. Provide a brief administrative summary of expenses: The highest administrative expenses are expected to be in the "Salaries and Benefits" and "Contractual Services" areas. We expect to hire one or two staff members to administer the new strategies. We will also be paying administrative expenses to the non-profits, such as INTACT, who will be contracting with us through subrecipient agreements to qualify applicants and distribute funds for a number ofthe strategies. We also expect our monitoring activities to increase due to the extent of outreach to subrecipient organizations. b. Up to 15% of the allocation may be used for administrative expenses relating to direct program administration. Provide information below: See attached Exhibit A VI. Explain any issues outstanding for compliance or non-compliance with the State Housing Initiatives Partnership (SHIP) Program: None expected. VII. EXHIBITS: A. Timeline for Encumbrance and Expenditure B. Hurricane Housing Goals Chart (HHGC) For Each Fiscal Year Covered C. Certification Page D. Program Information Sheet E. Community Planning Documentation: Letters, resolutions detailing the community planning agreement, or interlocal agreement F. 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Ii -rlæ II 1:8' II ! æ ~ ~ .§ š 1 E , ~ ~ Š .e- o. ~ E ~ o c ~ ~ i ~ :¡ ~ . ]! I~ ,~ ~ '" ., ! ! ~ is ::i '" ," I'" f , i ~ i ~ ~ o . zl ~: '" .." 1:8 '" o o en " ~ " t;i ò ~ .. .. .,¡ ~ <0 .; .. ~ t- --- Ë ~ Ii ~ .. .. o ~ g ,- o o ~ ~ .. ._, - I I~ 18 , I- I ~ I g o .. I- c Ë :¡ o - '" ,§ ~ ,. w . '" .. a ::j <0 ~ .. a :: .. ,; .. . ,; .. ~ '" " . . Z Ë J ~ -g ~ ~ ~f- .:. ª' ~ ~ .. 0: i ~ ~ ¡ ¡ ~ ! [ ë ! 1 I ~8gS~ ~ ~ ¡;a ª ~ ~ I ë ~ ~ J ~ ~ I , I- I 1 .!!i ,Q . ~ ii a u ¡¡ ;¡: E . ~ . E 2 = e :IE l. c . o " '" . e '" c .2 ;¡ -º. iii ¡¡ Ii ~ .š ~.$ ~ 3.s oJ .!i. I'! ~ ~..g~ I» ð 0 0 > ... ::E to- c · ¡;: B c ~ .~ .. g> ~ ~ o :z: i::' · > 8 · 0: '" c " ~ c :z: · ~ ·E ~ :z: .' , '-' ..",,¡ CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Name of Local Government: St. Lucie County I. The local government will advertise the availability of funds pursuant to Florida Statutes. 2. Funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. 3. A process for selection of recipients for funds has been developed. 4. The eligible municipality or county has developed a qualification system for applications for awards. 5. Recipients of funds will be required to contractually commit to program guidelines. 6. The Florida Housing Finance Corporation will be notified promptly if the local government (or interlocal entity) will be unable to comply with the program provIsIons. 7. The Hurricane Housing Assistance Plan shall provide for the expenditure of funds within 24 months following the end of the State fiscal year in which they are received. 8. The HHR program trust fund shall be established with a qualified depository for all program funds as well as moneys generated from activities such as interest earned on loans. 9. Amounts on deposit in the hurricane housing assistance trust fund shall be invested as permitted by law. 10. The HHR program trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audit will be forwarded to the Corporation no later than June 30th of the following fiscal year. 11. An interlocal entity shall have its hurricane housing assistance trust fund separately audited for each state fiscal year, and the audit forwarded to the Corporation as noted above. . ' . . '-' ....J 12. Developers receiving assistance from both HHRP, SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements. Similarly, any units receiving assistance from other federal programs shall comply with all federal program requirements. 13. Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. 14. Rental units constructed or rehabilitated with HHR program funds shall be monitored for the tenn of the HHR program for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e), F.S. Witness Chief Elected Official or designee Witness Type Name and Title Date OR Attest: (Seal) . , . . '-' ....,¡ Hurricane Housing Recovery Program Plan INFORlvfA TION SHEET LOCAL GOVERNMENT: St. Lucie County CHIEF ELECTED OFFICIAL (Mayor, Chairman, etc.): Frannie Hutchinson ADDRESS: 2300 Virginia Avenue. Fort Pierce. Florida 34982 PROGRAM ADMINISTRATOR: John Franklin ADDRESS: 437 North 7th Street. Fort Pierce. Florida 34950 TELEPHONE:(772) 462-2375 FAX:(772) 462-1703 EMAIL ADDRESS:frank]ij(â.co.sl-lllcie.fl.us ADDITIONAL CONTACTS: Beth Ryder. Community Services Director / Lacie A. Julin. Housing Specialist ADDRESS: 437 North 7th Street. Fort Pierce. Florida. 34950 EMAIL ADDRESS:belh((i)co.sl-lucie.[lus/iulinl(â.co.st-lucie. fl.llS INTERLOCAL AGREEMENT: YES/NO (IF yes, list other participants in the inter-local agreement): The following information must be furnished to the Corporation before any funds can be disbursed. LOCAL GOVERNMENT EMPLOYER FEDERAL ill NUMBER: 59-6000835 MAIL DISBURSEMENT TO: St. Lucie County Finance Deapartment ADDRESS: 2300 Virginia A venue. Fort Pierce. FL 34982 ORIF YOUR FUNDS ARE ELECTRONICALLY TRANSFERRED PLEASE COMPLETE THE ATTACHED FORM: o NO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMITTED. Provide any additional updates the Corporation should be aware of In the space below: Please return this form to: HHRP PROGRAM MANAGER, FHFC 227 N. BRONOUGH ST, STE 5000 TALLAHASSEE, FL 32301 Fax: (850) 488-9809 \r ..... " , , 4 \..r "'" RESOLUTION NO. 05-280 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, PROVIDING FOR THE ADOPTION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR THE HURRICANE HOUSING RECOVERY (HHR) PROGRAM. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. St. Lucie County is empowered to establish a Hurricane Housing Assistance Program by ordinance, in accordance with Chapter 67-37, Florida Administrative Code, and Sections 420.907-9079, Florida Statutes; and 2. Rule 67-37.005, Florida Administrative Code, provides that Hurricane Housing Assistance Plan must be adopted by Local Government ordinance or resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Adopt the Local Housing Assistance Plan as shown in Exhibit A, Hurricane Housing Recovery (HHR) Program, Local Housing Assistance Plan, State Fiscal Years 2005- 2006/2006-2007/2007-2008. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Chris Craft Commissioner Paula A. Lewis Commissioner Joseph Smith xxx xxx xxx XXX XXX PASSED AND DULY ADOPTED this 12th day of July, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AN D CORRECTNESS: COUNTY ATTORNEY 1 '. . . . '-" ..",,¡ RESOLUTION NO. 05-285 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING RESOLUTION NO. 00-269 TO AMEND THE LOCAL HOUSING ASSISTANCE PLAN FOR ST LUCIE COUNTY, AS REQUIRED BY THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM. WHEREAS, on June 15, 1993, this Board adopted Ordinance No. 93-017, which established Chapter 1-10.5, Article IV, State Housing Initiatives Partnership of St. Lucie County (SHIP-SLC), of the St. Lucie County Code of Ordinances and Compiled Laws; and, WHEREAS, on November 14,2000, this Board adopted Resolution No. 00-269 which provided for the adoption of the amended local housing assistance plan for St. Lucie County, as required by the Florida State Housing Initiatives Partnership (SHIP) Program; and, WHEREAS, on March 13, 2001 this Board adopted Resolution No. 01-75 which provided for the adoption of the amended local housing assistance plan for St. Lucie County, as required by the Florida State Housing Initiatives Partnership (SHIP) Program; and, WHEREAS, on May 8, 2001, this Board adopted Resolution No. 01-96 which provided for the adoption of the amended local housing assistance plan for St. Lucie County, as required by the Florida State Housing Initiatives Partnership (SHIP) Program; and, WHEREAS, in accordance with Ordinance No. 93-017, as amended, and the State Housing Initiatives Partnership Act, Section 420.907, Florida Statutes, this Board must approve, by resolution, any amendment to the Local Housing Assistance Plan which delineates affordable housing strategies and identifies the average and maximum purchase prices for eligible property; and, WHEREAS, this Board adopted Resolution No. 04-132 amending the Local Housing Assistance Plan for St. Lucie County for State of Florida fiscal years 2004-2005, 2005-2006, 2006-2007; and, WHEREAS, the County may move funds between strategies as necessary to maintain compliance with State requirements and/or meet specific community needs; and, WHEREAS, in order to expedite the closing process for approval of SHIP closing cost and down payment assistance mortgages, this Board has determined it is appropriate to increase the SHIP program signing authority for the Community Services Director, f/kIa Community Services Director, up to and including Eighty Thousand and no/100 Dollars ($80,000.); and, WHEREAS, in accordance with Section 420.9072, Florida Statutes, ten percent (10%) of the local housing distribution and five percent (5%) of the program income will be used to pay the administrative cost of the local housing assistance plan; and, ". .. . .. "'"', ....., WHEREAS, in order to expedite the process of filing the Satisfaction of Mortgage, this Board has determined it is appropriate to authorize the County Administrator to execute the Satisfaction of Mortgage; and, WHEREAS, the SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy; and WHEREAS, the SHIP Act further requires local governments to establish an average area purchase price for new and existing housing benefiting from awards made pursuant to the Act; The methodology used to determine the average purchase prices for new and existing housing is as provided by the Florida Housing Finance Corporation and the purchase prices for new and existing housing is as provided in the attached Local Housing Assistance Plan; and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Resolution No. 00-269 is hereby amended by adopting the Local Housing Assistance Plan for St. Lucie County, incorporated herein by reference, for State of Florida fiscal years 2004-2005,2005-2006,2006-2007. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula Lewis Commissioner Chris Craft Commissioner Joseph E. Smith xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED this 12th day of July 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney -- .\ ~ ,..., Agenda Request Item Number: Meeting Date: C /.j- 7/12/05 Consent Regular Public Hearing Leg. [ ] [XX] [ ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Growth Management Presented By -----î ~--=-t--3--~ --=-- . Assistant County Administrator SUBJECT: Approve EQ #05-343 for a Dell Laptop and rolling case. This equipment will be used solely for the new digital recording system for the Planning Division. BACKGROUND: The Board approved the purchase of Meeting Pro Gov, EQ #05-279, on 1/18/05, a digital recording software system, which enables us to record, archive and store meeting minutes. With this new software staff can manage meetings more efficiently as well as cut down on the cost of tape duplication. This laptop will also replace the one that was loaned to the FEMA disaster team and not returned. FUNDS AVAILABLE: Funds are available in: 102-15101-564000-100 - Administration Capital Equipment. PREVIOUS ACTION: N/A. RECOMMENDATION: Recommend approval of EQ #05-343. COMMISSION ACTION: 00 APPROVED LJ OTHER Approved 5-0 D DENIED ENCE: ouglas M. Anderson County Administrator Coordination! Signatures County Attorney Finance. Environ. Resources; ~ Mgt. & Budget: ~ Fire Dept: Utility: Purchasing: ø'~ Public Works: Other: · , '-" 'WI '8If.IW@I'p¡.,·· COUNTY ~ FLORIDA -- GROWTH MANAGEMENT DEPARTMENT (iAdministration) MEMORANDUM TO: Board of County Commissioners FROM: Faye Outlaw, Assistant County Administrator DATE: July 6,2005 SUBJECT: Replacement equipment A Dell laptop computer, Tag No. 407116, was setup in Room 101 for use by representatives from FEMA and the US Army Corp of Engineers. During that period, the laptop was not returned. It has been determined that this is not a FEMA eligible reimbursement. We are requesting to purchase a replacement for this laptop in order to utilize the newly purchased digital recording software system. This recording system will be used for all Growth Management's meeting that require transcription. EQ # 05-343 is attached. cc: Doug Anderson, County Administrator Dan Mcintyre, County Attorney Ed Parker, Purchasing Director Chris Hartley, Finance Director Marie Gouin, OMB Director Dennis Wetzel, IT Director · . U> a: WIO Zo O~ Cñ~ ~o :E~ :Ea: O<c ow > >1/') I- ..J ~ Z <c ~ :) 0 I o U> w ''''u.-!i - c u. a: Iii o o~ c u. (3 a:1-~ <cu>~ o Wª In :) W ~ ß~ za: :)1- OZ OW w:E _a. 0- :):) ..Jo w ¡..: (f) '-" I- Z W :¡¡ W CJ <I: z <I: :¡¡ as :I:~ ~ :ê o E c:'C CJ<I: ¡:.: z W ::æ: l- II: ~ 11. W C 0.. ~ ~.8 :J '-" c.. Q) ."!::: enCO.J:: E "'Oco---:J C:.J::ëij >,~.... co-c:..coc: ~ 53 .2 en...J 0 Q)E:!::O) -en Q) "'0 c: "'0 0) c:t::"'O:;:::"-c: ·ÕJ co co æ ¡g ·5 c:arffiEmffi WO........O)Q) õ-oo£.J:: c: c:c:- 2-Q)-goc:o oE Q):;::: co- ü Q) c: .Q- a.. ~ >, ~.!: ~ ëij "'0 E c: en c: U Q) "- co .- co 0 - «~"E.þ...J{¡j C/).J::Q)Q)a)= ::>3:E.J::Q)~ :.:cot:::::Eco ~ð¡g,.EEE~ UJQ)Q)Q) co LL "'0 "-0 en OFQ)~ü"'O - .J::.¡::;>,c: "'0 ·1-....u:J Q)Q) °co.... C:..c .enuQ) cocoBO)o.c oQ)Q)C:>1- - en -.-"'0 en ,,-en"E«ai ~ßg>8enQ) '::E:;:::Q)c:.:t:: co .- Q) "- Q) E .J::~Q)CO~E :::«E~Go .1: ~ CIÎ:E' - ü :Jw"-....O) "'0 LL .~ -g .§ ~ o õ E en 0 .~ .J::C:Q)~N> "Eenenu"'O"'O o .- c: "- c: « E =:: .- ð. co co , Q) O)U CD ..¢ en >, c: .- Q) 0 :J "'§ .- c: .J::O"EQ)2-§ - C\J Q) c: co Q) Q)...:EQ)nl- üQ) .J::...... co ..c t:: _ _"'0 - co enc: arE o..o"E CO "-Q)Q)....Q)>, "'O>~~EO) :J°o-_Q) . o Z .... .Q en (¡j "E "- :J "- Q) :s: c: 0.. ü.i .~_ 0.. .-- .8 "'0 C/) E o "'0 0.. "'0 « c: 0.. - Q) co g¡ Õ 0 ·5 ¡ij-¡ij-;::J"'O~o- -ëiQ)Q),,-O)Q) .~ en :s: ..c co :;::: "'0 .J:: ·-E Q) 0 .$1 ;;;: 5 I- C:_LLl":::,~ ......, ..... '<t CD l() >- m ()) Ó z co .C: Q) C/) CD ..... .-- 'o. o '<t Ó Z - c: Q) E 0.. ·5 0- W "- o .... - c: Q) E Q) Ü co 0.. Q) a: o o ..... , o o o '<t CD l() , ..... o ..... L{) .-- , C\J o .-- ¡! Z :I o o ~ C') '<t C') , l() o o W # (3 W II: I- Z W ::æ: 11. :) (3 . . '-' '-' Si:' .;t."~ ~ Jnfgfl1l8~l BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY 2300 VIRGINIA A VENllli FORT PIERCE, FL. 34982 IT Quote Phone: (772) 462- 1681 Fax: (772) 462-1443 Date Quote # 6/9/2005 668 Name/Address GROWTH MANAGEMENT * *REVISED* * QUOTE VALID UNTIL W.O.# REQUESTOR 7/15/2005 61304 SHEREE BELL Description Qty Rate Total DELL Latitude D810 Laptop (Standard Specs) 1 2,537.87 2,537.87 Pentium M, 2.13 Processor 512MB Memory 60GB Hard Drive Floppy Drive - InternallExtema1 CDRWIDVD Drive Windows XP Pro Microsoft Office 2003 Pro All Accessories, incl. Power Adapter, 80-Hr Battery ROLLING LAPTOP CASE 48.00 48.00 VENDOR INFORMA nON: Dell Computers One Dellway, RR2E . Box 4 . .' Round Rock, TX 78682 .. State Contract #250-000-03-1 FL State Contract #250-000-03-1 The goods and/or services as quoted hereon have been requested in the Total quantity and quality stated. Quotes are valid for 30 days unless otherwise $2,585.87 stated. AUTHORIZED SIGNATURE ~~7~.¿~ \~ ~f._ -"' ~ St. Llcie COlnt, MOSCllito COlt.ol District Pall.. A. Lewis, Ch.l.m.n lo.eph E. Smith, Vice Ch...m.n DOli. Cow..eI P..nnle Hlltchln.on Ch.1s C..1t Dlst.lct No. J Dlst.lct No. I District NO.2 District No. 4 DIs,.ld No.5 AGENDA IIII~ 12, 2005 I. MINUTE' Approve the minutes from the meeting held on June 28, 2005 2. GENERAL PUBLIC COMMENT CONS.NT AGENDA I. WARRANTS LIST Approve Warrants List Nos. 39 and 40 NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 Community Services Manager at (m) 462-1m or TOO (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. '-' ...., MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 28, 2005 Tape: 3 Convened: 12:55 p.m. Adjourned: 12:55 p.m. Commissioners Present: Chairperson, Paula A. Lewis, Doug Coward, Frannie Hutchinson, Chris Craft, Joe Smith, Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Mike Bowers, Utilities Director, Beth Ryder, Community Services Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Crart, seconded by Com. Coward, to approve the minutes ofthe 111l.'cting hdd .Junc 14,2005. and; upon roll call, Illotion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Craft, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. Warrant List Thc Board approved Warrant list No. 37 and 38. 2. COUNTY ATTORNEY Florida Dept., of Agriculture and Consumer Services- The Board approved the proposed 2005106 agreement with the Florida Department of Agriculture and Consumer Services and authorized the Chairman to sign the agreement. There being no further busincss to bc brought before the Board, the mceting was adjourned. .> Chairman Clerk of Circuit Court ;X '-' ....., 06/24/05 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #39- 18-JUN-2005 TO 24-JUN-2005 FUND SUMMARY-MOSQUITO '" FUND TITLE EXPENSES PAYROLL ,. 145 Mosquito Fund 34,731.78 0.00 GRAND TOTAL: 34,731.78 0.00 '-' 07/01/05 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #40- 25-JUN-2005 TO 01-JUL-2005 FUND SUMMARY- MOSQUITO FUND TITLE 145 Mosquito Fund GRAND TOTAL: ., EXPENSES 91,407.21 91,407.21 'WI PAGE It PA~OLL 35,749.74 35,749.74 1 .. '-' ...." St. Lucie COlnl, E.osion Conl.ol Dist.ict F..nnle Hlltchlns.n, Ch.l.m.n Ch.ls c..It, Vice Ch.l.m.n Joseph E. Smith D.II. Cow..eI P.llla A. Lewl, Dltt.lct No.4 Dltt.lct N.. 5 Dltt.lct No. I Dlst.lct N.. 2 Dltt.lct No. J AGENDA IIII~ 12, 2005 I. ..INUTES Approve the minutes from the meeting held on June 28, 2005 2. GENERAL PUBLIC CO....ENT CONSENT AGENDA I. WARRANTS LIST Approve Warrants List Nos. 39 and 40 2. PURCHASING Permission to advertise a Request for Proposal (RFP) for Professional Marine and Engineering Consulting Services. Consider staff request for permission to advertise a Request for Proposal (RFP) for Professional Marine and Engineering Consulting Services. Ie PUBLIC WORKS - EROSION A. Artificial Reef Deployment - Approval of Wor~ Authorization No.1 with McCulley Marine Services, in the amount of $52,000, to deploy concrete doc~ pilings as artificial reef material - Consider staff recommendation for approval of WorR Authorization No. 1 with McCulley Marine Services and execution of said agreement by the Chairperson. B. South St. Lucie County Beach Feasibility Phase - Approval of Wor~ Authorization No.2 (C-04-11-631) with Coastal Planning & Engineering, Inc. in the amount of $380,739 to provide professional services necessary to conduct offshore geotechnical investigations to identify sand source(s) for the South County Beach project. Consider staff recommendation for approval of Wor~ Authorization No. 2 (C- 04-11-631) with Coastal Planning & Engineering, Inc. in the amount of $380,739 and execution of said agreement by the Chairperson. C. South St. Lucie County Beach Feasibility Phase - Approval of Wor~ Authorization No.3 (C-04-11-631) with Coastal Planning & Engineering, Inc. in the amount of $203,075 to provide professional services necessary to conduct various environmental studies including near-shore hardbottom mapping/characterization for the South County Beach project - Consider staff recommendation for approval of Wor~ Authorization No. 3 (C-04-11-631) with Coastal Planning & Engineering, Inc. ($203,075) and execution of said agreement by the Chairperson. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 Community Services Manager at (772) 462-1777 or TDD (772) 462- 14.,R nt Ipnli.t fnrhl-pinht (~, hnll~ nrinr tn thp mpptinn. '-' -..tI EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 28,2005 Tape: 3 Convcned: 12:55 p.m. Adjourned: 12:56 p.m. Commissioners Present: Chairperson, Frannie Hutchinson, Paula A. Lewis, Doug Coward, Joe Smith, Christ Craft Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Mike Bowers, Utilities Director, Beth Ryder, Community Services Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Craft, seconded by Com. Lewis, to approve the minutes of the mceting hcld June 14, 2005, and; upon roll call, motion carricd unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was movcd by Com. Lewis, seconded by Com. Craft, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. Warrant List The Board approved Warrant List No. 37 and 38. There being no further business to be brought before the Board, the meeting was adjourned. Chairman -- Clerk of Circuit Court " '-' -....J 06/24/05 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #39- 18-JUN-2005 TO 24-JUN-2005 FUND SUMMARY- EROSION - FUND TITLE EXPENSES PAYROLL . 184 Erosion Control Operating Fund 4,325.63 0.00 GRAND TOTAL: 4,325.63 0.00 07/01/05 FZABWARR FUND 184 \-- ST. LUCIE COUNTY - BOARD WARRANT LIST #40- 25-JUN-2005 TO 01-JUL-2005 FUND SUMMARY- EROSION TITLE EXPENSES Erosion Control Operating Fund 934.42 GRAND TOTAL: 934.42 ., ...." PAGE II PAYR,OLL 4,221.56 4,221.56 1 F V .."" .-" "-' ITEM NO. C2 DATE: 7/12/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: EROSION CONTROL DISTRICT PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker, Purchasinq Director SUBJECT: Permission to advertise a Request for Proposal (RFP) for Professional Marine and Engineering Consulting Services BACKGROUND: (See Attached Memo) FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff request permission to advertise a Request for Proposal (RFP) for Professional Marine and Engineering Consulting Services COMMISSION ACTION: (1C) APPROVED () DENIED ( ) OTHER Approved 5-0 County Attorney (X) 9i Originating Dept. ( ) Finance: (check for copy. only if applicable)_ CE: ANDERSON NTY ADMINISTRATOR Coordination/Sia natures Mgt. & Budget (X) Other ( ) w/' Purchasing (X) Other ( ) '. f ~ ..." BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners From: Ed Parker, Purchasing Director 9/ f Date: July 12, 2005 Re: Permission to advertise a Request for Proposal (RFP) for Professional Marine and Engineering Consulting Services **************************************************************************************************** Background: Per the attached email, Staff is requesting permission to advertise a Request for Proposal (RFP) for Professional Marine and Engineering Consulting Services JOSEPH E. SMITH, District No.1. DOUG COWARD, District No.2. PAULA A LEWIS, District No.3. FRANNIE HUTHINSON, District No.4. CHRIS CRAFT, District No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652- Phone (772) 462-1700 - TOO (772) 462-1428 website: www.co.st-Iucie.fl.us ~ - ~ ~ ...., Page 1 of 1 Edward Parker - RFP for Artificial Reef Consultants From: To: Date: Subject: CC: Richard Bouchard Collins, Maryann; Parker, Edward 6/27/20053:04 PM RFP for Artificial Reef Consultants Oppenborn, James ..-._~.~---._._--_.__.__. -- .-.,.--...-~.~-.-----..-.-_..,----- --------_.__.__._---~--- Good afternoon, Respectfully request your assistance to prepare a CONSENT agenda item for the July 12th EROSION DISTRICT BOARD meeting for permission to advertise a RFP for Professional Marine and Engineering Consulting Services for Artificial Reefs. Mr. Jim Oppenborn (Marine Resource Coordinator) is working on the scope of work and evaluation criteria and wiIJ get that to you shortly. Thanks, Richard file:IIC: \Documents%2 Oand%20Settings \Administrator\Local %2 OSettings \ Temp \GW} 000... 6/27/2005 \. " '-' """'" ~ COUNTY " F LORI D A ~ - AGENDA REQUEST ITEM NO. C-3A Date: July 12, 2005 TO: ST. LUCIE COUNTY EROSION DISTRICT REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: ~~ Richard A. Bouchard, P.E. Erosion District Manager SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710 SUBJECT: Artificial Reef Deployment: Approval of Work Authorization No. 1 with McCulley Marine Services, in the amount of $52,000, to deploy concrete dock pilings as artificial reef material. BACKGROUND: The St. Lucie County Artificial Reef Program anticipates deploying its first deep-water artificial reef in five years. The recent dredging of Taylor Creek has made the northwest portion of the Harbor Pointe site more accessible and will help reduce deployment costs by approximately $10 perton. The Harbor Advisory Committee recently supported the use of this site as a temporary staging area for this deployment. The City of Ft. Pierce has also been contacted and the permitting agencies have indicated that this project falls under the category of non-jurisdictional. Approximately 175 concrete dock piles, weighing 1530 tons, were salvaged from the City of Ft. Pierce Marina after Hurricanes Frances and Jeanne. These pilings will be removed from the Bell property by a front-end loader and placed on a barge in Taylor Creek adjacent to the Harbor Pointe property. At least 3 barge loads of dock piles will be transported to the permitted Nearshore Reef Site located approximately 6 miles offshore in water depths of about 55 feet. Said piles will be deployed in a linear array of 6 different stacks between two previously deployed bridge spans to add complexity to each span and to allow cover for organisms migrating between said spans. FUNDS: Funds are available in the following account: $52,000 in Account No. 184-3710-563000-39003; Erosion District - Artificial Reefs PREVIOUS ACTION: June 14, 2005: Board approval to "Piggy-Back" Martin County's contract with McCulley's Marine Services RECOMMENDATION: Staff recommends Erosion District Board approval of Work Authorization No. 01 with McCulley Marine Services and execution of said agreement by the Chairperson. lXJ APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: Approved 5-0 D gla5 Anderson County Administrator [x]County Attorney cJv-/ tP ." [xJMgt. & Budget [x]Fiscal Coordinator ~t1.." [x]Purchasing Deptjlt> rG/ é [x]Originating Dept. Public Works ~~.~ · '. .,...,. 'J WORK AUTHORIZATION NO. 1 Contract General Marine Contracting Coastal Services Artificial Reef Program Pursuant to that certain Contract for General Marine Contracting Services (the "Contract") between St. Lucie County (the "County'') and McCully Marine Services, Inc.. (the "Contractor'') dated June 14, 2005, the Contractor agrees to perform and successfully complete the scope of services as set forth in the Proposal attached hereto and made a part hereof as Exhibit "A". Compensation to the Contractor along with the schedule for completion of the work shall be as described in Exhibit "A". IN WITNESS WHEREOF, the parties have caused this Work Authorization to be executed and delivered, effective this day of , 2005. ATTEST ST. LUCIE COUNTY, FLORIDA EROSION DISTRICT BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: MCCULLY MARINE SERVICES, INC. BY: Print Name: Title: ....- ... '.. ~ ..", McCulley Marine Services, Inc. 2309 N. Old Dixie Hwy. Phone 772.489.6069 Fort Pierce, FL 34946 The Artificial Reef Builders Fax 772.460.9701 PROPOSAL - SCOPE OF WORK June 17,2005 St. Lucie County Artificial Reef Program 100 North US 1 Fort Pierce, Florida 34950 ATIN: Jim Oppenborn Dear Jim: McCulley Marine Services (hereinafter referred to as MMS), is ready and willing to support S1. Lucie County in their Artificial Reef Program. There are approximately 175 -185 pilings left over trom the City Marina located on the Bell Property. We will transport these pilings to a barge loading site provided by S1. Lucie County at Harbour Pointe on Taylor Creek. We will load the pilings on a barge and transport them offshore to a permitted site selected by S1. Lucie County. After anchoring the barge with four anchors, we will deploy the pilings at the direction of Jim Oppenborn, S1. Lucie County Marine Resource Coordinator. MMS will provide this service for all pilings presently on the Bell Property, no matter how many barge loads, for a lump sum of $52,000.00. All work shall be completed within 30 days of the Notice to Proceed. Prices quoted include insurance in the amount of $1,000,000.00 on the tug and barge, P&I and Jones Act on all MMS crew members. In addition, MMS also carries Florida Worker's Compensation, USL&H Insurance and $1,000,000.00 liability on all our vehicles. We would be glad to name St. Lucie County as additional insured and provide you with certificates of all insurance. Thank you for this opportunity to work with St. Lucie County. S;nce elY~{# híÍ W. McCulley Vice-President .\- '-" AGENDA REQUEST ,..." ITEM NO. C-3B Date: July 12,2005 TO: ST. LUCIE COUNTY EROSION DISTRICT SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: ~~ Richard A. Bouchard, P.E. Erosion District Manager SUBJECT: South St. Lucie County Beach Feasibility Phase: Approval of Work Authorization No. 02 (C-04-11-631) with Coastal Planning & Engineering, Inc. ($380,739) to provide professional services necessary to conduct offshore geotechnical investigations to identify sand source(s) for the South County Beach project. BACKGROUND: St. Lucie County is pursuing federal and state (FDEP) participation in a shore protection project along the southern most 3 to 5 miles of beachfront within the County and is commencing with the feasibility phase. The feasibility phase provides for the necessary environmental and engineering studies to further determine whether a beach restoration project is feasible. On May 25, 2004 the Board approved the feasibility cost sharing agreement with the U.S. Army Corps of Engineers (Corps) outlining various tasks each entity will perform. The state recently designated a portion of this segment of shoreline as critically eroding which provides for state cost sharing at 50% during the feasibility phase. On January 11, 2005 the Board approved Project Agreement 04SL2 (South St. Lucie County Beach Restoration Project) with FDEP providing for $308,400 in State funds towards the feasibility phase. The final cost breakdown of the feasibility phase will be 50% Corps, 25% FDEP and 25% County. One specific element of the feasibility phase for a beach restoration project includes offshore geotechnical investigations to identify potential sand sources. In support of this specific task, CPE has prepared the attached scope of work. Staff recommends Board approval of Work Authorization No. 02 (C04-11-631) with CPE. FUNDS: Funds for these services will be made available in the following account: $380,739 in Account No. 184206-3710-531000-36203; Erosion District -South County Beach Project At this particular time, Erosion District funds are being proposed to match this grant (50%) and initiate the feasibility phase for this project. A program number (36203) was previously established for the South County Shoreline project to assist with tracking and recording expenses. Once a specific beach restoration project has been determined for this shoreline, a cost-benefit analysis may be required to determine a reasonable method of allocation to fund the local share of the construction costs. PREVIOUS ACTION: May 25,2004: Board approved Feasibility Cost Sharing agreement with U.S. Army Corps of Engineers. November 23, 2004: Board approved master agreement (C04-11-631) with CPE for coastal engineering services. January 11, 2005: Board approved Project Agreement No. 04SL2 with FDEP providing grant funding ($616,800) for coastal related activities associated with South St. Lucie County Beach Feasibility project. RECOMMENDATION: Staff recommends Erosion District Board approval of Work Authorization No. 02 (C-04-11-631) with Coastal Planning & Engineering, Inc. ($380,739) and execution of said agreement by the Chairperson. COMMISSION ACTION: DC! APPROVED [ ] DENIED { 1 OTHER: Approved 5-0 (x]County Attorney (x]Originating Dept. Public workS~ . u~ coo [x]Fiscal Coordinator ßfr)J) (x]Finance Department (Grants») (J [x]Mgt. & Budget [x]Erosion District · ' \.or ~4-11-631 (WA #02) WORK AUTHORIZATION No. 02 Professional Services Related to Offshore Geotechnical Investigations to Identify Sand Sources for the South St. Lucie County Beach Restoration Project Pursuant to that certain Consultant Agreement between the St. Lucie County Erosion District (the "District") and Coastal Planning & Engineering, Inc. (the "Consultant") dated November 23,2004 (the "Agreement"), Consultant agrees to perform and successfully complete the scope of work as set forth in the Consultant's "Scope of Services", "Work Compensation Sheet", and "Project Schedule" attached hereto and made a part thereof as Exhibits "A", "B", and "C", respectively. The Consultant also agrees to abide by the conditions and requirements of DEP Agreement No. 04SL2. The District agrees to compensate the Consultant as set forth in Exhibit "B" and the work shall be completed in accordance with Exhibit "C". IN WITNESS WHEREOF, the District has as hereunto subscribed and the Consultant has affixed his, its, or their names, or name, on the dates below. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT BY: DEPUTY CLERK CHAIRPERSON Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: COASTAL PLANNING & ENGINEERING, INC. BY: Print Name: Title: Date: H:fMSWORDIMISCICPE. WA02 '-' >wi PROPOSAL TO CONDUCT OFFSHORE GEOTECHNICAL INVESTIGATION TO IDENTIFY SAND SOURCES FOR BEACH NOURISHMENT ST. LUCIE COUNTY, FLORIDA June 8, 2004 PREPARED BY: COASTAL PLANNING & ENGINEERING, INC '-' ...,; Proposed Study Methodology for Geotechnical Investigation of Southern St. Lucie County Offshore Sand Sources (June 8,2004) Introduction This is an outline of the methodology proposed by Coastal Planning & Engineering, Inc. to conduct reconnaissance and comprehensive geotechnical investigations of southern St. Lucie County to identifY potential offshore sand sources for use in beach nourishment projects. The work will be performed by the CPE geotechnical team. We propose to conduct the geotechnical investigation offshore of southern St. Lucie County, covering an alongshore distance of up to 5 miles north of the Martin County Line. The investigations will be conducted between the approximate 30 foot depth contour to approximately 9 miles offshore. The work is proposed to be completed in three phases: · Phase I - Research and Planning · Phase II o Jet Probes and Bathymetry o Seismic and Side Scan Sonar Survey o Vibracore Planning Meeting with County · Phase III - Vibracore Collection and Analysis for 45 Cores Phase I - Research and Planning This phase includes analysis of existing offshore and geotechnical literature and geotechnical data obtained by previous consultants, universities and governmental bodies including the Florida Geologic Survey, MMS, USACE, NOAA, and the USGS. An of the information gathered during this phase will be evaluated and incorporated in a preliminary GIS database which, in turn, will be used to develop the survey plan for Task lB. The GIS database will be analyzed to identifY offshore areas that could contain beach quality sand: Le. .areas that would be considered for further field investigations. A determination will be made of the adequacy of existing seismic survey data for reconnaissance level surveys. The GIS database will comply with the FDEP required format. Phase n - Jet Probes, Bathymetry, Seismic, Side Scan Sonar and Vibracore Planning Task I - Jet Probes and Bathymetry This task includes reconnaissance bathymetry and jet probing across the study area. The bathymetric survey will ground truth features of NOAA hydrographic data in selected areas of potential sand deposits. Jet probes will be taken in selected areas that show promise for sand deposits. The jet probes will be obtained by CPE geologists/divers who pressure jet a twenty (20) foot length of pipe into the sediment. As the geologists insert the probes they will note resistance and observe sand \w 'WI coming up trom the probe hole. Jet probes provide an indication of the thickness and characteristics of the unconsolidated sediment layer. The GIS database will be updated to include the findings trom the reconnaissance level surveys. Specific sand deposits will be identified for detailed field surveys. A summary report will be prepared which details the findings and presents a composite of existing and new information in GIS data base format (electronic and hard copy). This information will be utilized to plan the more comprehensive geotechnical surveys, including vibracoring in selected areas. Task II - Detailed Bathymetric. Seismic and Side-Scan Sonar Surveys This task involves three surveys, which will be conducted simultaneously over specific candidate borrow sites. It is estimated that approximately 100 miles of survey lines will be conducted in up to three candidate borrow sites. The following equipment (or equivalent) will be used to accomplish Task II: · Differential Global Positioning System (DGPS) - Trimble GPS and Coast Guard Navigation Beacon: accurate positioning of the survey vessel. · Navigation Integration System - Coastal Oceanographic "HYPACK": integration ofDGPS data with data collected during the survey. · Fathometer - Innerspace 448 Digital Fathometer: measurement of water depth for preparation of bathymetric chart. · Sediment Seismic System - X-STAR CHIRP Sub-bottom Profiler: measurement of unconsolidated sediment layer and location of base rock, rubble layers, etc. · Side Scan Sonar - Klein 590 Dual Frequency: mapping of ocean bottom surface features such as hardbottom (reefs), underwater wrecks, rubble and other features. · Survey vessel- Stable marine platform for the survey. The data obtained trom Task II will be used to prepare charts and maps for analysis. Seismic surveys of unconsolidated sediments are accomplished by sending an acoustic signal through the ocean bottom and receiving reflecting acoustic signals in the form of a recording chart signature. Each layer in the sediment column is indicated as a trace which is recorded on the strip chart and in an electronic format onboard the survey vessel. The chart identifies the sediment surface and other layers or features within the sediment column. The sub-surface traces on the strip chart are subject to interpretation and require further investigation to identify the nature of the layers (i.e. sand, silt mud, etc). Based on previous vibracores and jet probe/wash borings a preliminary isopach of sediment types will be prepared prior to vibracoring. This isopach will be further refined following the vibracore phase as more information is developed during the vibracore analysis. The isopach charts, which document sediment layer depths, will also incorporate the results of the side scan sonar survey by delineating various bottom features. A bathymetric chart will be prepared of water depths over '- '-II specific potential borrow sites. Charts will also be prepared to map all features to assist obtaining State and Federal permits for beach nourishment. Task III - Vibracore Planning A meeting will be held with County, FDEP and USACE staff to review results and recommendations from Phase II work. Final recommendations will be prepared and presented to the county for their approval. Those areas containing potential sand resources will be considered for vibracoring investigation. Proposed vibracore positions will be located on the bathymetric and isopach charts to refine core placement. It is estimated that approximately 40 to 50 cores will be required to define final borrow areas. The cores will be up to 20 feet long. The Task III final product will be preliminary isopach and bathymetric charts showing the location of the planned vibracores. Phase m - Vibracore Collection and Analysis The initial step in Phase III will be to obtain exploratory vibracores, located within promising sand deposits in the study area. These cores will be split on-site and field evaluated based on observation to judge the quality of the sediments. From the results of the field analysis of the exploratory cores, further refinement of the placement of the remaining vibracores will occur. The field vibracore logs will be used to map sand deposits as they are encountered, allowing the investigation to focus on the most promising areas. The vibracores will be returned to Coastal Planning & Engineering to be split and evaluated based on appearance and mechanical sieve analysis. A core log will be prepared for each core describing the sediments by layer including layer width, sediment color, texture, presence of shell or clay layers and any other identifYing features. Grain size analysis will be performed on approximately three or four sediment samples per core. Samples will be obtained :from distinct layers in the sediment record, or periodically through the core record. This grain size analysis will be conducted in accordance with the American Society for Testing and Materials (ASTM), Standard Material Designation D422-63 for partial size analysis of soils. Mechanical sieving will be accomplished using calibrated sieves, with a gradation of half phi intervals, per U.S. Army Corps of Engineers standards. Grain size distribution curves will be prepared for each vibracore. Sand resources in the study area will be evaluated for compatibility with native beach sand. The compatibility analysis will focus on similar sand mean grain size and will meet the States recently adopted rules for offshore borrow site development. Other factors which will be considered in selection of potential beach nourishment sand borrow areas include the following: a.) Minimum Available Layer of Sand: Hydraulic dredging becomes difficult to accomplish with the sand layer ofIess than 4 to 5 feet. If, for example, the existence of rock, or silt and clay, restricts the available sand layer for dredging to less than 5 to 6 feet, these areas may be restricted from using a hydraulic dredge and be considered only if a hopper dredge is used for the beach nourishment. Conversely, dredging economics improve with the available depth of sand. Sand layers approaching 20 feet in width provide the most economical sand resources for dredging in a beach nourishment project and warrant greater consideration in the selection of potential dredge borrow areas. '- .." b.) Location of Sand Deposit: Sand deposits that are located closer to shore, without creating a detrimental coastal effect such as increased wave impact, are the most economical to use for beach nourishment projects. The production rate of dredging increases as the distance to move the sand decreases. Therefore, borrow areas closer to shore would yield lower beach nourishment construction bids since contractors can maintain high production rates. For this reason, sand resources closer to shore warrant greater consideration in the development of beach nourishment borrow areas. Similarly, the alongshore location of the borrow area in relationship to the beach restoration project also effects the project cost. The best economic scenario is for borrow areas to be located directly offshore of the beach nourishment construction site. If suitable sand is not located directly offshore, sand deposits as close to the project site as possible provide the most economic sand sources for beach nourishment. At the conclusion of all geotechnical surveys and evaluations, a report will be prepared identifying the sand source borrow areas, indicating the quantity and quality of the sand, the location of the sand, and any additional information which would be required for the permitting process and by the contractor for construction of the beach nourishment project. The appendices of the report will include the grain size analysis of discrete samples taken from the vibracores, vibracore logs and jet probe log results. Additionally, the report will provide isopach (sand thickness) maps and bathymetric (water depth) charts for the geotechnical study area. The charts will include locations of hardbottom and other marine habitats mapped by the side scan survey areas for pemútting purposes. Up to 5 copies of the report will be provided. The selected borrow sites will be evaluated for dredging feasibility and costs. The potential performance of sand on the beach will be evaluated based on the compatibility of borrow sand and native sands. Based on findings from the data analysis and side scan sonar mapping, sensitive habitats and hardbottoms will be discussed in the context of dredge feasibility, timing and permittability. The need for an environmental assessment and environmental field investigations will be discussed. The final selected borrow areas, will require a magnetometer and cultural resource investigation be conducted. The cost for these services is not included in this proposal. CPE will obtain the required field data under the direction of a Marine Archaeologist and provide a Cultural Resources Report for the State Department of a Historical Resources (DHR.) approval. Cost for the cultural resource investigation will depend on the size and number of final borrow sites and will be provided separately after they are identified. '- -.tI EXHIBIT "C" WORK SCHEDULE PROPOSAL TO CONDUCT OFFSHORE GEOTECHNICAL INVESTIGATION TO IDENTIFY SAND SOURCES FOR BEACH NOURISHMENT SOUTHERN ST. LUCIE COUNTY, FLORIDA HURRICANE AND STORM DAMAGE PROTECTION FEASIBILITY STUDY The following provides our time estimated cost for completion of the scope of services as described in the previous sections. TASK COMPLETION TIME FROM NOTICE TO PROCEED PHASE 1- JET PROBES & BATHYMETRY 4 weeks PHASE I - SEISMIC, AND SIDE SCAN SONAR SURVEY 6 weeks PHASE III - VIBRACORE COLLECTION AND ANALYSIS 8 Week <t 0 æ 0 ...I U. ~ Z :J 0 0 w i3 :J ...I ¡..: I/) ~ Z w :IE x sa a: :J 0 Z x 0 ~ cj m a: ~ 0 cð u. Z I/) æ w 0 w a: w :J Z 0 c; I/) Z 0 W Z 01 ri<t CI <tl/) Z :IE> Z :IE!:!: Z :)~ :5 I/)z ~W a.. 1/)9 ...I 00 ~ o~ ~ Z 0 0 ~ 0 >= m ffi 0 w > a: ~ <t a.. ...I W <t a: 0 a.. 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U~d~w ~!9!!8l!ih t1 ~~"'S! ~ g w~4.~ UI a::: ¡ ~õ~~6)- S;U~æ~~ ::!~t;¡t;¡i'le!;= ocwu.:o:r...:..... ! - - - - - ., N ., _ ., ., ., N ., ., ., ., I j ,. 8 ¡ ! ~ ~ ~CLO: ~ I :ä~ªißiiI;;ií ~ :a:"ií¡~I!~ ,. äi~i'I~i..il- tH3CD~9i~ NCLiU)ëJ~2§ 1.c:llidcilÚU:~:i ~ " i !i 15 ~~ h ::!ií ~~ ~J .-jŒ~ ~<èøi ~ ~ "WI ~ 1iI ;!_~ ~- ~ Ni!_!! ;; ~ N~-ã -i!.-i!. ~¡-! "~-i ~~-~ ~r;-ä .,8_¡¡¡ :; Q "i-~ ~~-!B ; ~ fiI~-~ ~I-~ ~~-~ filfiI_~ 3 ~ II i .uU ~ II I ~ ~ I;¡ ~ g I i~ ~ ~~ l5 ~w!¡ ¡¡~ I!'U wð ".,ol!!~ ~~ is ;r; ~~ßä §~8 d¡l- !ii~ I ~.. i"~"¡! ;~~ ~è ~I~is i1lt ~~ ......~~ß..c a:~..( oowu.:t!lx-:.... ., ., ~ :ï; " ., ~ z w ::Ii .. s Ii! " ,;-~" '-' ~ENDA REQUEST ITèwf'NO. ~ Date: July 12, 2005 ~ COUNTY "\ FlORIDA~ - REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: ~~. Richard A. Bouchard, P.E. Erosion District Manager TO: ST. LUCIE COUNTY EROSION DISTRICT SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710 SUBJECT: South St. Lucie County Beach Feasibility Phase: Approval of Work Authorization No. 03 (C-04-11-631) with Coastal Planning & Engineering, Inc. ($203,075) to provide professional services necessary to conduct various environmental studies including nearshore hardbotto~ mapping/characterization for the South County Beach project. BACKGROUND: St. Lucie County is pursuing federal and state (FDEP) participation in a shore protection project along the southern most 3 to 5 miles of beachfront within the County and is commencing with the feasibility phase. The feasibility phase provides for the necessary environmental and engineering studies to further determine whether a beach restoration project is feasible. On May 25, 2004 the Board approved the feasibility cost sharing agreement with the U.S. Army Corps of Engineers (Corps) outlining various tasks each entity will perform. The state recently designated a portion of this segment of shoreline as critically eroding which provides for state cost sharing at 50% during the feasibility phase. On January 11, 2005 the Board approved Project Agreement 04SL2 (South St. Lucie County Beach Restoration Project) with FDEP providing for $308,400 in State funds towards the feasibility phase. The final cost breakdown of the feasibility phase will be 50% Corps, 25% FDËP and 25% County. One specific element of the feasibility phase for a beach restoration project includes various environmental studies relating to nearshore resources such as hard bottom and shorebirds. In support of this specific task, CPE has prepared the attached scope of work. We are presently coordinating efforts with FDEP to consider expanding the project boundaries of this study further north consistent with the Corps' study area. Staff recommends Board approval of Work Äuthorization No. 02 (C04-11-631) with CPE. FUNDS: Funds for these services are available in the following account: $380,739 in Account No, 184206-3710-531000-36203; Erosion District -South County Beach Project At this particular time, Erosion District funds are being proposed to match this grant (50%) and initiate the feasibility phase for this project. A program number (36203) was previously established for the South County Shoreline project to assist with tracking and recording expenses. Once a specific beach restoration project has been determined for this shoreline, a cost-benefit analysis may be required to determine a reasonable method of allocation to fund the local share of the construction costs. PREVIOUS ACTION: May 25, 2004: Board approved Feasibility Cost Sharing agreement with U.S. Army Corps of Engineers. November 23,2004: Board approved master agreement (C04-11-631) with CPE for coastal engineering services. January 11, 2005: Board approved Project Agreement No. 04SL2 with FDEP providing grant funding ($616,800) for coastal related activities associated with South St. Lucie County Beach Feasibility project. RECOMMENDATION: Staff recommends Erosion District Board approval of Work Authorization No. 03 (C-04-11-631) with Coastal Planning & Engineering, Inc. ($203,075) and execution of said agreement by the Chairperson. COMMISSION ACTION: [')( APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 [x]County Attorney [x]Originating Dept. Public work~' ~ [x]Mgt. & Budget [x]Fiscal Coordinator ~'\-1 [x]Finance Department (Grants)4-ß [x]Erosion District .. ~ I\w' ......, '-'04-11-631 (WA #03) WORK AUTHORIZATION No. 03 Professional Services Related to Nearshore Hardbottom Mapping & Characterization for the South St. Lucie County Beach Restoration Project Pursuant to that certain Consultant Agreement between the St. Lucie County Erosion District (the "District") and Coastal Planning & Engineering, Inc, (the "Consultant") dated November 23, 2004 (the "Agreement"), Consultant agrees to perform and successfully complete the scope of work as set forth in the Consultant's "Scope of Services", "Work Compensation Sheet", and "Project Schedule" attached hereto and made a part thereof as Exhibits "A", "B", and "C", respectively. The Consultant also agrees to abide by the conditions and requirements of DEP Agreement No. 04SL2. The District agrees to compensate the Consultant as set forth in Exhibit "B" and the work shall be completed in accordance with Exhibit "C". IN WITNESS WHEREOF, the District has as hereunto subscribed and the Consultant has affixed his, its, or their names, or name, on the dates below. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT BY: CHAIRPERSON DEPUTY CLERK Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY A TIORNEY COASTAL PLANNING & ENGINEERING,INC. BY: WITNESSES: Print Name: Title: Date: H:/MSWORDIMISCICPE. WA03 \...- '-' ...., ....",¡ PROPOSAL TO CONDUCT A NEARSHORE SIDE SCAN SONAR SURVEY OF SOUTHERN ST. LUCIE COUNTY, FLORIDA (R-93 TO R-115) TO IDENTIFY NEARSHORE HARDBOTTOM; PROVIDE HABITAT ASSESSMENT AND CHARACTERIZATION STUDIES; CONDUCT BEACH AND DUNE VEGETATIVE SURVEYS; SHOREBIRD USE INVESTIGATIONS; AND COORDINATE PROJECT FINDINGS June 8, 2004 PREPARED BY: COASTAL PLANNINO & ENOINEERlNG, INC '-" "-' ....., ~ Proposed Study Methodology for Nearshore Hardbottom Mapping and Characterization, Dune Vegetation Surveys, and Shorebird Use in Southern St. Lucie County June 8, 2004 This proposal is in response to the USACE's request to identity and investigate the nearshore hardbottom habitats offshore of southern St. Lucie County. The investigation's results will be used as the basis for the design, planning, permitting and implementation of the County's proposed Southern St. Lucie County Beach Renourishment Project. No permit development, agency coordination or project design services, unless specified herein, are proposed to be provided to St. Lucie County by Coastal Planning & Engineering, Inc. (CPE) under this scope of work. The focus of the investigation will be the nearshore hardbottom resources that may be impacted as a result of project construction, cross-shore beach profile adjustment, or the longshore spreading offill. The area of investigation is defined as the nearshore marine environment fÌ'om the mean high water line, seaward a distance of approximately 1,000 feet, and encompassing the southern 4.2 núIes of St. Lucie County between DEP Monuments R-93 through R-115. During this phase of the project, CPE will participate in three (3) agency, client meetings in the St. Lucie County area to coordinate project progress and present our findings. The proposed investigation is to be completed in five phases: · Phase I - Side Scan Sonar Survey Planning and Project Administration · Phase II - Side-Scan Sonar Data Acquisition and Mapping · Phase III - Verification and Characterization of Nearshore Hardbottom Habitats · Phase IV - Verification and Characterization of Worm Rock Habitats · Phase V - Beach / Dune Vegetation Mapping · Phase VI - Project Area Shorebird Use · Phase VII - Client/Agency Meetings and Report Preparation Phase I - Side-Scan Sonar Historic Data Acquisition Side-scan sonar surveys will be conducted to locate the limits of the nearshore hardbottom habitats and other significant marine resources exposed on the surface of the seafloor. To adequately map the study areas, approximately 40 line miles within the defined study area will be surveyed using side scan sonar mapping techniques. Survey tracklines will be run parallel to the shoreline at 200 foot line spacing to obtain 200% line coverage within 1,000 feet of the shoreline. This will allow for better data interpolation, overlapping imaging rrom adjacent lines, and redundancy of data to yield the best quality image in the final mosaic. 1 \w ~ -..I ...., Proposed Study Methodology for Neanhore Hardbottom Mapping and Characterization, Dune Vegetation Surveys, and Shorebird Use in Southern St. Lucie County June 8, 2004 Historic Data Acquisition and Survey Plan Development This task involves acquisition, review, and evaluation of historic hardbottom mapping performed using aerial photography and/or other readily identifiable sources. The historic mapping may be incorporated into a Geographical Information System (GIS) database if evaluation demonstrates that the product is accurate and verifiable. Once the historic mapping products have been evaluated, CPE win develop a plan to utilize side scan sonar technology to map the study area. A series of shore parallel survey tracklines will be plotted and verified before incorporation into the HYP ACK navigation and positioning system. Northing and easting coordinates for the side scan sonar survey and subsequent hardbottom mapping and characterization investigations will be recorded using the Florida State Plane Coordinate System, East Zone 83. Phase II - Side Scan Sonar Survey and Data Evaluation To acquire high quality acoustic data in very shallow water, it is of first importance to identify a shallow draft vessel, which meets requirements of the instrumentation for reliable data collection. Even with a vessel that meets these requirements, instrument deployment in shallow water can be problematic. In normal marine surveys, the side-scan sonar fish is towed behind the boat and beneath the zone of prop turbulence. In water depths of 25 feet or less over hardbottom areas, this deployment strategy is hazardous. In shallow water areas, the side-scan fish can be towed along side or ITom a bowsprit ahead of the vessel. This configuration produces records essentially devoid of vessel-generated noise. An added benefit is the resultant close proximity ofthe tow fish to the Global Positioning System antenna(s) and increased confidence in the accuracy of the navigation and positioning data. Three days of survey operations will be required to complete the activities described in Phase II. Acoustic Data Collection The acoustic data collection and processing will be accomplished with three major system components: (a) side-scan sonar, (b) accurate and rapidly updated navigation, and (c) data acquisition and processing. Even though side-scan sonar systems have been commercially available for several decades, a technological break -through for shallow water applications came recently with conversion to true digital systems that have a variety of data acquisition and processing software options. These changes were made possible by the exponential growth in computing power and data storage capability sufficient to manage enormous volumes of data. In addition, the availability of accurate location data through use of the Global Positioning System (GPS) and U. S. Coast Guard Navigation Beacon System makes planning and executing an acoustic survey in shallow water much easier. When the SSS is configured correctly on a shallow draft vessel these systems can provide excellent data in water depths less than 10 feet. Each component of the data collection and processing system is discussed below: 2 \w ..... 'wi "wII Proposed Study Methodology for Nearshore Hardbottom Mapping and Characterization, Dune Vegetation Surveys, and Shorebird Use in Southern St. Lucie County J one 8, 2004 Klein Side-Scan Sonar Acoustic Data Collection System A Klein Side-Scan Sonar Acoustic Data Collection System will be used to acquire the acoustical data. The Klein acoustic data collection system consists of a simultaneous dual trequency (1001500 kHz) tow fish with a four channel dual trequency transceiver (towfish) and tow cable. The swath format of side-scan sonar data is especially suited for shallow water use since large areas can be covered quickly (vessel speed usually between 3-5 kts) and areas flanking the survey track can be imaged even though they are too shallow for the vessel. The Klein side-scan sonar system is the latest in side-scan sonar technology and this instrument was selected as the most appropriate for use in this project. High-power, short -duration acoustic pulses are transmitted trom two transducers mounted in the towfish. The pulses are emitted in a thin, fan-shaped pattern that spreads downward to either side of the fish in a plane perpendicular to its path. As the fish follows the tow vessel's track, this beam scans a bottom segment ranging from the point directly beneath the fish outward on each side. Acoustic energy reflected trom the seafloor is received by the same set of transducers and amplified and transmitted as electrical energy to the towing vessel. The electrical signals are processed, amplified, and converted to hard copy by the side scan recorder. Data trom the Klein side-scan system described above are corrected for slant range and boat speed. The image displayed on the monitor and chart recorder acquires data simultaneously at two resolution settings, 100 kHz, which is the standard frequency, and 500 kHz, which produces higher resolution images. The higher ftequency (500 kHz) has been found to produce the best results in shallow water. However, data from both frequencies will be archived for mosaicing, post processing and product development. Simultaneous dual frequency acquisition provides invaluable (more than double the value of single trequency) information for interpretation of the data. Because of reflectance differences, it is possible to discriminate different types of bottoms (e.g., shell vs. sand vs. hardbottom vs. extraneous) with proper calibration of the system to real world conditions. Differential Global Positioning System (DGPS) The navigation and positioning system used during the survey will be a Trimble AgGPS Global Positioning System (GPS) with Pro Beacon interfaced to the Coastal Oceanographic Hydrographics Data correction from the U.S. Coast Guard Navigational Beacon located in Cape Canaveral, Florida. The Trimble Navigation Model AG132 is designed for moderate precision static and dynamic processing applications. It provides real time and three dimension station coordinates and velocity measurements at a once per second rate. The GPS receives the civilian signal trom the Global Positioning System (GPS) NA VST AR satellites. The locator automatically acquires and simultaneously tracks GPS satellites and precisely measures code phase and Doppler phase shifts and then computes position and velocity based on these changes. The GPS automatically determines time, latitude, longitude, height, velocity, once per second. Similarly, the range rate corrections are computed every second, 3 '-' ...... 'wi '...I Proposed Study Methodology for Nearshore Hardbottom Mapping and Characterization, Dune Vegetation Surveys, and Shorebird Use in Southern St. Lucie County June 8,2004 transmitted to the survey vessel via radio link, and are automatically applied to the onboard GPS receiver. The Coastal Oceanographic Hydrographic Data Collection and Processing (HYP ACK) program is a state-of-the-art navigation and hydrographic surveying system. On-line screen graphic displays include the pre-plotted survey lines, the updated boat track across the survey area, adjustable left/right indicator, as well as other positioning information such as boat speed, quality of fix and line bearing. All data obtained is recorded on the computer's hard disk and transferred to a CD daily, providing a back-up of the raw survey data. Navigational control will be maintained on an IBM compatible PC running HYP ACK software. The HYP ACK software is configured to acquire data rrom the differential GPS receiver system, and can be used to display the survey plan superimposed on NOAA navigational charts. The major advantage of this software is the capability of establishing tracklines prior to data collection. A second monitor in the wheelhouse provides relative course correction information to the helmsman. A status window displays the vessel's position, orientation, course, and speed. Navigational data will delivered to the side scan computer in real-time and incorporated in the digital data sets. Isis Sonar (Triton-Elics International) The side-scan sonar data will be acquired ITom the tow fish and side-scan sonar transceiver and recorded in digital format using the Isis Sonar (Triton-Elics International) software. This system operates within a Windows 2000 environment on specially equipped IBM compatible computers. Outputs ITom the side-scan produce very high-resolution images of the bottom. Together, they allow us to interpret bottom features such as bedforms, hardbottom, wrecks and erosional features. Previous data collection indicates that the 75 m scale per channel on the side-scan sonar system, which produces a 200 m swath, is ideal for surveying shallow water bottoms. Side-Scan Sonar Image Mapping The Triton-Elics International Software Package - Delph Map, version 2.00.08 or equivalent will be used to process the side-scan data. This software package allows for adjustments of contrast, time varied gain (TVG), and a variety of other image processing utilities that yield an even tone, specially corrected, side-scan mosaic image. The mapped data will reflect corrections for sensor position with respect to GPS antenna position, yielding a geo-referenced image with resolution as fine as 0.2 m. Probable hardbottom and potential significant marine resource formations will be identified based on the mapping. The resultant side-scan mosaics will be exported as georeferenced data, along with applicable geotechnical data collected this year, for incorporation into a GIS utility such as Arcview. 4 '-' ...... ...." ....; Proposed Study Methodology for Nearshore Hardbottom Mapping and Characterization, Dune Vegetation Surveys, and Shorebird Use in Southern St. Lucie County June 8, 2004 Phase ill - Investigation of Nearshore Hardbottom and Significant Marine Resources Existing Data Research, Evaluation and Investigation Plan Development This task involves coordination, review, and evaluation of existing marine habitat information ITom readily identifiable sources. Previous investigations will be evaluated and analyzed to determine the historic presence or absence of nearshore hardbottom resources and the biological communities associated with them. A comparison will be conducted to determine the extent ofhistorica1ly exposed hardbottom and significant marine resources with those identified during the side scan sonar survey. Conduct Hardbottom Characterization Study (4 Days): The investigators will conduct nearshore investigations to groundtruth and characterize nearshore hardbottom resources identified during the side scan sonar survey. Hardbottom edges, biological communities, and approximate hardbottom relief (rugosity) estimates will be obtained during this phase ofthe investigation. The investigators will document, through still and integrated digital video photography; biological communities associated with the marine hardbottom resources and provide a characterization of the selected study sites. Based on historic data and community type, an estimate of hard bottom exposure (ephemeral or persistent exposure) will also be provided. The study will investigate probable direct impact sites (within the project equilibrium toe offill) as the first priority. The investigation will assess resources of probable secondary impact as well as those outside of the zone of probable direct impact. Survey site locations will be keyed to shoreline features (i.e. DEP monuments) and State Plane coordinates will be obtained for each study site. Approximately 20 temporary, shore-perpendicular transects will be established at hardbottom community study sites selected for investigation during this phase of the project. Transects will be a maximum of20 meters in length, and extend offshore ITom the nearshore edge of mapped hardbottom communities. Qualified marine biologists will utilize CPE's Benthic Ecological Assessment for Marginal Reefs (BEAMR) methodology for assessment of macro algal communities. The BEAMR parameters are scaleable to the particular coverage and sampling intensity requirements of the South St. Lucie County project. The BEAMR method collects all of the data required by FDEP modified AGRRA and is more rigorous. The major benefits of a single method are applicability to benthic assessment projects, and simplification of training, data management, and analyses. Three core characteristics will be assessed; physical, percent cover, and coral density. These three characteristics have been the most useful in CPE's recent studies. Each sample will include two physical characters, relief, and sediment. Each sample will include percent cover of all benthos pooled to major functional groups, with an emphasis on macroalgae with identification of each octocoral and stony coral colony, size and condition. The method is designed to use a simple datasheet, printed on underwater paper, which accommodates up to eight (8) quadrats per page Transect data collection and analysis will involve compilation of benthic marine species lists to document species composition (diversity) and abundance along the temporarily established transects in order to characterize habitat type and dominant species. Observations of habitat rugosity and 5 '-" '-' ....., -..I Proposed Study Methodology for Nearshore Hardbottom Mapping and Characterization, Dune Vegetation Surveys, and Shorebird Use in Southern St. Lucie County June 8,2004 motile marine species will also be recorded during the investigations for incorporation into the environmental study report. CPE will attempt to coordinate our field investigation schedule with representatives of the Florida Department of Environmental Protection (FDEP), U. S. Army Corps of Engineers (USACE), U. S. Fish and Wildlife Service (USFWS), and other State and Federal resource protection agencies having jurisdiction over the County's proposed project in order to allow them to participate in the investigations. We believe that having agency representatives present during the investigations will aid in coordination on pennitting and mitigation issues. Field investigations described herein are proposed to be conducted during the summer (June through August) of2004. Investigations conducted after this period may require additional weather days to account for poor ocean conditions or reduced underwater visibility customarily present after the summer months. Biological community type and dominant marine species will be documented and described. Data obtained during these studies will be used to characterize those areas of probable direct and indirect impact and serve as the basis for mitigation plan development if necessary. The development of mitigation proposals and plans as required by the State and Federal pennitting agencies is not included in this scope of work. A proposal for those services will be developed and submitted to St. Lucie County if the findings of this study demonstrate that avoidance and minimization efforts will not result in a project design that is acceptable to the pennitting and resource protection agencies. Phase IV - Worm Rock Community Mapping and Characterization Historically, wonn rock communities have been documented within the study area by previous investigators. CPE will utilize historic aerial photography to identify communities and conduct a detailed mapping and characterization of the sites within the study area. Due to their presence near the shoreline, comprehensive mapping of these habitats using side scan sonar technology is not possible. Considering that project impacts to these habitats may be unavoidable, it is imperative that wonn rock communities are accurately mapped and characterized to address State and Federal resource protection agency requests that unavoidable marine resource impacts be mitigated. CPE investigators will utilize Real Time Kinematic (RTK) GPS equipment to map exposed wonn rock communities and qualified marine biologists will evaluate community health and viability. If underwater visibility allows the acquisition of still or video documentation of the work rock resources, CPE will obtain representative images of the habitat(s). We anticipate that the activities described in Phase IV will require two (2) days offield work to complete. Phase V - Beach / Dune Vegetation Mapping Using RTK GPS equipment and recent aerial photography, CPE will map and characterize the vegetative beach and dune communities adjacent to the project area. General community types and dominant floral species will be identified in the back beach and foredune region a distance of 6 '-" \w' ...; .....I Proposed Study Methodology for Nearshore Bardbottom Mapping and Characterization, Dune Vegetation Surveys, and Shorebird Use in Southern St. Lucie County June 8, 2004 approximately fifty (50) feet west of the vegetation line as it exists at the time of the survey. CPE's beach and dune mapping is not intended to identify specific species within the area, but to provide a general characterization of the species and communities present. Project affects to these habitats is not expected and therefore, a general characterization of the communities will be sufficient to address resource protection agency inquiries regarding the nature and extent of beach and dune floral resources. We anticipate that the activities described in Phase V will require two (2) days offield work to complete. Phase VI - Project Area Shorebird Use Shorebird monitoring and protection issues have recently become an important part in beach restoration project planning, pennitting, and implementation. CPE proposes to research State, Federal, and other readily identifiable databases and sources for historic presence / absence and shorebird use surveys for the South St. Lucie County study area. This proposal for Phase VI services is predicated on the assumption that St. Lucie County will identifY and facilitate shorebird data acquisition trom local sources. Of particular interest in this effort are shorebird species that are listed as protected under the Florida Threatened and Endangered Species' Act, the Federal Endangered Species Act, or the Federal Migratory Bird Act. A review of the USFWS website will be conducted to determine if all, or portions, of the study area have been designated as Critical Piping Plover Habitat. During the beach and dune community vegetative survey operations, CPE investigators will also document shorebird species and attempt to classifY their activity (foraging, nesting, etc.). Shorebird observations will be conducted as a supplemental data gathering exercise with locations relative to the FDEP monument positions noted. The survey will not be a dedicated shorebird monitoring effort, but is designed to provide additional data on shorebird use in the area. Phase vn - Client/Agency Coordination and Product Development Due to the complexity of the project and presence of significant marine resources in the study area, CPE will prepare for and attend three (3) project meetings with St. Lucie County to discuss project progress and findings. CPE recommends that St. Lucie County involve State and Federal resource protection agency personnel in these meetings to assist in future project coordination and pennitting efforts. At the conclusion of all surveys and evaluations, a report will be prepared discussing the methods and results of the investigations. The report will include study area maps, results of the nearshore hardbottom characterization, beach, and dune community descriptions, the results of the shorebird species research and supplemental survey, and related infonnation required to initiate the project pennitting process. Deliverables will include the report, mapping, and copies of the video and still photography obtained during the investigations. CPE will provide 15 copies of each deliverable to St. Lucie County within 90 days of the completion of all field investigations. 7 '-" 'wi ...., .... Proposed Study Methodology for Nearshore Hardbottom Mapping and Characterization, Dune Vegetation Surveys, and Shorebird Use in Southern St. Lucie County June 8, 2004 Summary CPE will provide mapping and environmental studies of significant marine resources identified between the mean high water line and approximately 1,000 feet offshore. The study area is further defined as that segment of the southern S1. Lucie County shoreline between R-93 and R-115. In summary, the costs for each phase of the project are as follows: Phase I II III IV V VI VII Description Side Scan Sonar Survey Planning and Project Administration Side Scan Sonar Survey and Data Evaluation Investigation of Nearshore Hardbottom Worm Rock Community Mapping and Characterization Beach / Dune Vegetation Mapping Project Area Shorebird Use Client! Agency Coordination and Product Development Cost $7,751.00 $50,053.00 $47,046.00 $27,360.00 $28,301.00 $13,634.00 $28,930.00 Detailed cost estimate spreadsheets for each phase are enclosed with this proposal. The total fee to perform the investigations described herein is $203,075.00. F:\CPE\]roposals\St Lucie\Hardbottom Investigation\0504 S County Hardbottom Investigation Scope.doc 8 '-' '-" '-.I ,..." EXHIBIT "C" WORK SCHEDULE PROPOSAL TO CONDUCT A NEARSHORE MAPPING & CHARACTERIZATION SOUTHERN ST. LUCIE COUNTY, FLORIDA HURRICANE AND STORM DAMAGE PROTECTION FEASIBILITY STUDY The following provides our- time estimated cost for completion of the scope of services as described in the previous sections. TASK COMPLETION TIME FROM NOTICE TO PROCEED PHASE 1- SIDE SCAN SURVEY PLANNING & ADMINISTRATION 2 weeks PHASE II - SIDE SCAN SONAR SURVEY 4 weeks PHASE 111- NEARSHORE HARDBOTTOM INVESTIGATION 2 weeks PHASE IV - WORM ROCK MAPPING & INVESTIGATION 2 weeks PHASE V - BEACH I DUNE MAPPING & EVALUATION 2 weeks PHASE VI - SHOREBIRD USE SURVEY INVESTIGATION 2 weeks PHASE VII - SSS & HABITAT INVESTIGATION REPORT DEVELOPMENT 4 weeks f"I W " ... ~z'" ",QiE C...C -~a: 9a:8 ...wU -... C ~~uz z '" :I .. o:c~ Uuo wc- - !c: gä" ....... F= U· 'ZØ) t;w~ iE z::E z IS a:~- z www '" :c Ø) '"' ...Ø):I W :I::lc W O...a: Z Ø)Cl:ãi G ......w Z 0- W »~~ .. a:w:c:c " ",~wØ) z ::E:lciI) z ::EØ)5> z :la:iw < Ø)",Q.~ ..J S~~~ ~ uz~~ ; ~i!c: a Ø)c", u Wa:W :>: e"'ffi ID Ø)%> c www W a:a:z a: 00:1 ~ :2::cc - ~;c ~ ~iì'Jä Q. ZZ:C "'>U ......~ U¡::ID 5z... zWu oe:l uoC o"'z ...-0 ....=u <... .. ~å::3 i5:oiS 0"':1 a: ... Q. 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