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Home My WebLink AboutAgenda Packet 09-20-05 , -. '-'" ""'" SEPTEMBER 20, 2005 6100 PM BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. Reuhe" 9/20/05 PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items 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 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 as~s 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. ADDRESSING THE COMMISSION - Please state your name and address, spea~ing clearly into the microphone. If you have bacRup material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS _ All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional wor~shops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these wor~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. F.annle H..tchlns.n, Chal,man D...S C.wa,d, Vice Chal.man J..eph E. Smith Pa..la A. Lewis Ch,is C,aft Dist,lct N.. 4 Dist,lct N.. 2 Dlst.lct N.. I Dist,lct No. J District No. I '-' BOARD OF COUNTY COMMISSIONERS www.c...t·l..cle.fl.... Septemlle, 20, 2005 ..00 P.M. Inv.catl.n Pledse .f Alleslance ~ ~~~}J MINUTES Approve the minutes of the meeting held on September 13, 2005 2. PROCLAMATIONS/PRESENTATION' (I>J ~. ~6ß ~?õrA C. Resolution NO. 05-316 - Proclaiming the Fourth Monday in September 2005, as "FAMILY DAY - A DAY TO EAT DINNER WITH YOUR CHILDREN" in St. Lucie County, Florida - Consider staff recommendation to adopt the attached Resolution No. 05-316 as drafted. Resolution No. 05-358 - Proclaiming the month of September 2005, as "Alcohol and Drug Addiction Recovery Month 2005" in St. Lucie County, Florida - Consider staff recommendation to adopt the attached Resolution No. 05-358 as drafted. Reading of the announcements by the County Administrator J. GENERAL PUBLIC COMMENT \ ~ ' CON'ENUGENOAJoù': (;/D f\<1~ ~;~~~~~~J~:'~ PUBLIC HEARINGS 4. 5A. ~ GROWTH MANAGEMENT / . / ")'/ ~ i)#~ rnðt1IJY7ITJ/{,CI.J~ ~h(Jl-tc.qL.1u {!¡anft.. L\~Y": Ò This is a DRAFT ORDIANCE 05-023, wlíích propose;tó~.,(~ridcthe t!éXt of the St. Lucie Land Development l' ~/ Code and add language to Section 2.00.00 (Definitions) and Section 7.05.00 (Transportation Systems) to include definitions and language requiring bicycle and pedestrian facilities as well as updated right-of way requirements - Consider staff recommendation to approve Draft Ordinance No. 05-023. s~J COUNTY AnORNEV ~t' ~) Ordinance No. 05-032 MSBU Financial Hardship Assistance Program - Consider staff recommendation to ~ approve Ordinance No. 05-032. '-' ...." REGUALR AGENDA ,EPTEMBER 20, 2005 PAGE TWO sC. ~~ GROWTH MANAGEMENT t\\\~ l\Consider Draft Resolution No. 05-153 granting approval to the petition of Florida Atlantic University and f'\ ') NHarbor Branch Oceanographic Institute for a Change in Zoning - Consider staff recommendation to approve Draft Resolution No. 05-153 approving the request for a Change in Zoning from the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District to the PMUD (Planned Mixed Use Development - Harbor Branch) Zoning District and Final Planned Development Site Plan approval for the project to be Rnown as FAUlHBOI - Marine Science Partnership. 5D. GROWTH MANAGEMENT ~.~ ~\¡\\l\ ~~ ~~. ~/'rJevelopment Agreement with Johnson Road Development Group, L.L.C. (Roc Ring Horse Ranch) - Consider v staff recommendation to proceed with the second public hearing which will be held on Tuesday, October 11, 2005 at 6:00 p.m. 5~ GROWTH MANAGEMENT furt.\¡ ^'~ ''\~onsider Draft Resolution No. 05-154, granting the petition of BJK Inc. for Final Planned Unit Development \Y :. lí and Preliminary Plat approval for the project ~nown as CreeRside - Consider staff recommendation to adopt .(4 f Resolution No. 05-154 granting the petition of BIK Inc. for Final Planned Unit Development and Preliminary l1\~ ~ Plat approval for the project ~nown as Cree~side. "~~Y\\ ~().~¡j!.~1¡ &NO O' PUBLIC HEARING' 6. Q. ~ COUNTY AnORNEY ~\~?Resolution No. 05-347 MSBU Financial Hardship Assistance Program - Consider staff recommendation to approve Resolution No. 05-347. 7. ~ ~~~ß COUNTY AnORNEY Resolution No. 05-347 - Authorizing Borrowing of Not Exceeding $43,000,000.00 for Capital Projects - Consider staff recommendation to adopt Resolution No. 05-347 as drafted. '-" ""'" CONSENT AGENDA I. WARRANTS LIST Approval of Warrant List Nos. 51 2. COUNTY AnORNEY A. Resolution No. 05-345 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-346 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 05-345 and Resolution 05-346 and authorize the Chairman to sign the Resolutions. B. Animal Impoundment Services - Agreement with Humane Society of St. Lucie County, Inc. - Consider staff recommendation to approve the proposed agreement with Humane Society of St. Lucie County, Inc., and authorize the Chairman to sign the agreement. C. Amended Interlocal Agreement - Fire/EMS Impact Fee - City of Port St. Lucie - Consider staff recommendation to approve the amended Interlocal Agreement and authorize the Chairman to sign the Agreement. J. PUBLIC WORKS A. Engineering Division - Professional Engineering Services Stormwater Management - Wor~ Authorization No. 1 with PBS&J for Paradise ParR Subdivision Stormwater Improvements Phase II - Consider staff recommendation to approve WorR Authorization No. 1 with PBS&J, in the amount of $208,411.45 for Paradise Par~ Subdivision Stormwater Improvements Phase II, and authorize the Chairman to sign. B. First Amendment to Wor~ Authorization No. 13 with DunRelberger Engineering & Testing - Consider staff recommendation to approve the First Amendment to Wor~ Authorization No. 13 with DunRelberger Engineering & Testing extending the contract to December 31, 2005, and authorize the Chairman to sign the contract. C. Oxbow Eco-Center - Wor~ Authorization No. 4 with I<imley-Horn and Associates, Inc., to provide Roadway and Intersection Design - Consider staff recommendation to approve Wor~ Authorization No. 4 with I<imley-Horn and Associates, Inc., in the amount of $7.820.00, to provide Roadway and Intersection Design at the Oxbow Eco-Center, and authorize the Chairman to sign. 4. PARKS AND RECREATION A. Purchase of an irrigation pump (EQ05-375 and BA05-191) for the Lawnwood Recreation AEA - Consider staff recommendation to approve Budget Amendment BA05-191 to purchase a replacement irrigation pump (EQ05-375) for Lawnwood Stadium at a cost of $3,655.00. B. Tennis Professional Contract Agreement - Consider staff recommendation to approve the agreement with Mr. Woody Newsom for programming of County tennis facilities as drafted by the County Attorney, and authorize the Chair to sign the agreement. C. Permit Fee for generator installation at the Fairgrounds and Budget Amendment No. BA05-192 - Consider staff recommendation to approve Budget Amendment BA05-192, amending contract C05- 06-297 to reflect the permit fee of $1,160.81. ~ ""'" CONSENT AGENDA SEPTEMBER 20, 2005 PAGE TWO PARKS AND RECREATION CONTINUED D. Purchase of a Chemical Storage shed at the County Fairgrounds Budget Amendment BA05-193 and Equipment Request No. EQ05-376 - Comider staff recommendation to approve the purchase of a chemical storage shed (BA05-193, and EQ05-376) for the Fairgrounds at a cost of $11,469.00. 5. PUBLIC SAFETY A. Request to approve the Software License and Service Agreement with HTE for the purchase of LG Address Manager software including training and annual support in the amount of $13,290.00 - Consider staff recommendation to approve the purchase of the LG Address Manager including training and annual support in the amount of $13,290.00 and have the Chairman sign the Service Agreement. Also approve Budget Amendment No. 05-189. B. 9G-19Grant - County Emergency Management Preparedness and Assistance Trust Fund Program Base Grant (EMPA) - Consider staff recommendation to approve the Agreement No. 06BG-04-10-66-01- 110 and authorize the Chairman to sign. C. Request to accept Modification No.1 to Agreement No. 05-DS-2N-10-66-01-411, State Homeland Security Grant, time extension - Consider staff recommendation to approve Modification No. 1 to Agreement No. 05-DS-2N-10-66-01-411, State Homeland Security Grant. 6. HUMAN RESOURCES Add 2 new positions of Senior Accounting ClerR to Code Compliance Department. (See attached job description) - Comider staff recommendation to approve the addition of the two new positions. 7. GROWTH MANAGEMENT A. Consider Draft Resolution 05-152 Granting a 12-Month Extension the Majestic Bay Subdivision Major Site Plan - Consider staff recommendation to approve Draft Resolution No. 05-152, which would grant a 12-month extension to the approved project. B. Approval to extend the EDSA contract for the Research and Education Par~ Master Plan from 06-15- 05 to 11-30-05 - Consider staff recommendation to approve contract extension to November 30, 2005 and authorization for the Chairman to sign the contract extension. S. AIRPORT Award Bid No. 05-067 for Runway 9/27 Airfield Lighting Upgrade at St. Lucie County International Airport - Consider staff recommendation to award Bid No. 05-067 to Florida Industrial Electric, Inc. in the amount of $248,114.25 for the rehabilitation of airfield lighting on Runway 9/27 at the St. Lucie County International Airport. 9. UTILITIE, Change Order No. 1 with Ditchdiggers, Inc. for construction services related to the Seminole Utility Extension project in the amount of $51,573.34 - Consider staff recommendation to approve Change Order No. 1 with Ditchdiggers, Inc. for construction services related to the Seminole Utility Extension project in the amount of $51,573.34. '-" ~ CONSENT AGENDA SEPTEMBER 20, 2005 PAGE THREE to. MANAGE...... ANO BUDGET V v\ ~ Interfund Loan from the General Fund (001) to the Lennard Rd. MSBU's in the MSBU Debt Service Fund (250) - Consider staff recommendation to approve an Interfund Loan from the General Fund (001) to the Lennard Rd. MSBU's in the MSBU Debt Service Fund (250) in the amount of $540,000 to cover the debt service principal and interest payments to Ban~ of America. II. PURCHASING Bid Waiver and Emergency Purchase of Water Pumps for Roc~ Road Jail - Consider staff recommendation to approve the waiver of the bid process and Emergency Purchase of Water Pumps for RocR Road Jail to Gulfstream Pumps & Equipment Inc. for $25,490. . '-' ...., ANNOUNCEMENTS Septemlle, 20, 2005 1. Meeting Changes: · October 4, 2005 Board of County Commissioners meeting is at 9:00 a.m. · October 11, 2005 Board of County Commissioners meeting is at 6:00 p.m. · 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 the Final FY 2006 Budget Public Hearing on Thursday, September 22, 2005 at 5:05 p.m. in the County Commission Chambers. 3. The Board of County Commissioners will hold a Public Hearing on the Rural Land Stewardship on Thursday, September 22, 2005 at 6:00 p.m. in the County Commission Chambers. 4. The Board of County Commissioners will hold a Public Hearing on the TVC Element Amendment on Monday, October 17, 2005 at 6:00 p.m. in the County Commission Chambers. 5. The Board of County Commissioners will hold a Public Hearing on the FPL Site Plan on Tuesday, October 25, 2005 at 6:00 p.m. in the County Commission Chambers. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action tallen 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) 462-1m or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. · '-' ..,.¡ BOARD OF COUNTY COMMISSIONER' ADDITION' AGENDA 'eptemlte, 20, 2005 Revised ./20/05 CON'ENT AGENDA CAI. CENTRAL SERVCIES Approved payment in the amount of $27,204.00 to Tropical Window Coverings for the purchase, delivery and installation of window coverings for Walton Road Annex - Consider staff recommendation to approve the payment in the amount of $27,204.00 to Tropical Window Coverings for the purchase of window coverings at the Walton Road Annex Building. CA2. ENVIRONMENTAL RESOURCES Contract with RTP Environmental Associates, Inc. to perform review of air quality documents pertaining to a proposed pulverized coal burning power plant (RFP 05-100 - Air Quality Consultant for Review of Documents Pertaining to a Pulverized Coal-Fired Power Plant) as drafted by the County Attorney's Office - Consider staff recommendation to approve the Chairman to sign the contract with RTP Environmental Associates, Inc. to perform review of air quality documents pertaining to a proposed pulverized coal burning power plant (RFP 05-100 - Air Quality Consultant for Review of Documents Pertaining to a Pulverized Coal-Fired Power Plant) as drafted by the County Attorney's Office CAJ. ADMINISTRATION Commissioner Coward has requested that Mitchell Williford serve as his appointee on the Code Enforcement Board - Consider staff recommendation to ratify Commissioner Coward's appointment of Mitchell L. Williford to the Code Enforcement Board. 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 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) 462-1428 at least forty-eight (48) hours prior to the meeting. t - , ....., wi SEPTEMBER 20, 2005 6.00 PM BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVI'ED. Revised 9/20/01 PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items 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 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 as~s 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. ADDRESSING THE COMMISSION - Please state your name and address, speaRing clearly into the microphone. If you have bac~up material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional 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 (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. · ' F,annle H..tchln.on, Chairman D...S C.wa,d, Vice Chal,man J..eph E. Smith Pa..la A. Lewis Chris C,aft District N.. 4 D....lct N.. 2 D"t,lct No. I District N.. J D....lct N.. 5 BOARD OF COUNTY COMMISSIONERS www.c..st·l..cle.fl.... '-' Septemlle, 20, 2005 6,00 P.M. Invocatl.n Pledse .f Alleslance I. MINUTES Approve the minutes of the meeting held on September 13, 2005 2. PROCLAMATIONS/PRESENTATIONS A. Resolution NO. 05-316 - Proclaiming the Fourth Monday in September 2005, as "FAMILY DAY - A DAY TO EAT DINNER WITH YOUR CHILDREN" in St. Lucie County, Florida - Consider staff recommendation to adopt the attached Resolution No. 05-316 as drafted. B. Resolution No. 05-358 - Proclaiming the month of September 2005, as "Alcohol and Drug Addiction Recovery Month 2005" in St. Lucie County, Florida - Consider staff recommendation to adopt the attached Resolution No. 05-358 as drafted. C. Reading of the announcements by the County Administrator J. GENERAL PUBLIC COMMENT 1 C'vfJ rø f¡, ( ¡y fill' /" lY'/~f1JJPr''' (Jrf'Ý f/ > VI þJl f ),/ . / PUBL&.C HEAR G, I - ¡S~ ~ ßfn /J..MÞ f¡ø!r- ¡T,n 1f~/ ~ 4. CONSENT AGENDA GROWTH MANAGEMENT This is a DRAFT ORDlANCE 05-023, which proposes to amend the text of the St. Lucie Land Development Code and add language to Section 2.00.00 (Definitions) and Section 7.05.00 (Transportation Systems) to include definitions and language requiring bicycle and pedestrian facilities as well as updated right-of way requirements - Consider staff recommendation to approve Draft Ordinance No. 05-023. ~ COUNTY AnORNEY . Ordinance No. 05-032 MSBU Financial Hardship Assistance Program - Consider staff recommendation to approve Ordinance No. 05-032. '-' ....,.; REGUALR AGENDA SEPTEM R 20, 2001 PAGE 0 GROWTH MANAGEMENT Consider Draft Resolution No. 05-153 granting approval to the petition of Florida Atlantic University and Harbor Branch Oceanographic Institute for a Change in Zoning - Consider staff recommendation to approve Draft Resolution No. 05-153 approving the request for a Change in Zoning from the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District to the PMUD (Planned Mixed Use Development - Harbor Branch) / ~:~::::::~~ ~;0; ~i:~:\~ t~ project ro œ ~O~ m FAUMBOI Development Agreement with10 son Road Development Group, L.L.C. (Roc~ing Horse Ranch) - Consider staff recommendation to proce with the second public hearing which will be held on Tuesday, October 11, 2005 at 6:00 p.m. fíJ / ¡Ø! -/ GROW'IH ......AGEM.Nt ~ ~ ~ '( Consider Draft Resolution No. 05-154, granting the petition of BJK Inc. for Final Planned Unit Development and Preliminary Plat approval for the project ~nown as Cree~side - Consider staff recommendation to adopt Resolution No. 05-154 granting the petition of BJI<, Inc. for Final Plannec;l Un.it Devel pment and Preliminary Plat approval for the project ~nown as Cree~side. . - Þø~" C ~~~~, ENO onUBUC HIA8JNGJ ~.. '- 6. COUNTY AnORNEY Resolution No. 05-347 MSBU Financial Hardship Assistance Program - Consider staff recommendation to approve Resolution No. 05-347. 7. COUNTY AnORNEY Resolution No. 05-347 - Authorizing Borrowing of Not Exceeding $43,000,000.00 for Capital Projects - Consider staff recommendation to adopt Resolution No. 05-347 as drafted. '-' """ CONSENT AGENDA I. WARRANTS LIST Approval of Warrant List Nos. 51 2. COUNTY AnORNEY A. Resolution No. 05-345 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-346 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 05-345 and Resolution 05-346 and authorize the Chairman to sign the Resolutions. B. Animal Impoundment Services - Agreement with Humane Society of St. Lucie County, Inc. - Consider staff recommendation to approve the proposed agreement with Humane Society of St. Lucie County, Inc., and authorize the Chairman to sign the agreement. C. Amended Interlocal Agreement - FirelEMS Impact Fee - City of Port St. Lucie - Consider staff recommendation to approve the amended Interlocal Agreement and authorize the Chairman to sign the Agreement. J. PUBLIC WORKS A. Engineering Division - Professional Engineering Services Stormwater Management - WorR Authorization No. 1 with PBS&J for Paradise ParR Subdivision Stormwater Improvements Phase II - Consider staff recommendation to approve Wor~ Authorization No. 1 with PBS&J, in the amount of $208,411.45 for Paradise ParR Subdivision Storm water Improvements Phase II, and authorize the Chairman to sign. B. First Amendment to Wor~ Authorization No. 13 with Dun~elberger Engineering & Testing - Consider staff recommendation to approve the First Amendment to Wor~ Authorization No. 13 with Dun~elberger Engineering & Testing extending the contract to December 31, 2005. and authorize the Chairman to sign the contract. C. Oxbow Eco-Center - Wor~ Authorization No. 4 with Kimley-Hom and Associates, Inc., to provide Roadway and Intersection Design - Consider staff recommendation to approve Wor~ Authorization No.4 with Kimley-Horn and Associates, Inc., in the amount of $7,820.00, to provide Roadway and Intersection Design at the Oxbow Eco-Center, and authorize the Chairman to sign. 4. PARKS AND RECREATION A. Purchase of an irrigation pump (EQ05-375 and BA05-191) for the Lawnwood Recreation AEA - Consider staff recommendation to approve Budget Amendment BA05-191 to purchase a replacement irrigation pump (EQ05-375) for Lawnwood Stadium at a cost of $3,655.00. B. Tennis Professional Contract Agreement - Consider staff recommendation to approve the agreement with Mr. Woody Newsom for programming of County tennis facilities as drafted by the County Attorney, and authorize the Chair to sign the agreement. C. Permit Fee for generator installation at the Fairgrounds and Budget Amendment No. BA05-192 - Consider staff recommendation to approve Budget Amendment BA05-192, amending contract C05- 06-297 to reflect the permit fee of $1,160.81. CONSENT AGENDA SEPTEMBER 20, 2005 PAGE TWO '-' ...." PARKS AND RECREATION CONTINUED D. Purchase of a Chemical Storage shed at the County Fairgrounds Budget Amendment BAos-193 and Equipment Request No. EQOs-376 - Consider staff recommendation to approve the purchase of a chemical storage shed (BA05-193, and EQ05-376) for the Fairgrounds at a cost of $11,469.00. 5. PUBLIC SAFETY A. Request to approve the Software License and Service Agreement with HTE for the purchase of LG Address Manager software including training and annual support in the amount of $13,290.00 - Consider staff recommendation to approve the purchase of the LG Address Manager including training and annual support in the amount of $13,290.00 and have the Chairman sign the Service Agreement. Also approve Budget Amendment No. 05-189. B. 9G-19Grant - County Emergency Management Preparedness and Assistance Trust Fund Program Base Grant (EMPA) - Consider staff recommendation to approve the Agreement No. 06BG-04-10-66-01- 110 and authorize the Chairman to sign. C. Request to accept Modification No. 1 to Agreement No. 05-DS-2N-10-66-01-411, State Homeland Security Grant, time extension - Consider staff recommendation to approve Modification No. 1 to Agreement No. Os-DS-2N-10-66-01-411, State Homeland Security Grant. 6. HUMAN RESOURCES Add 2 new positions of Senior Accounting Cler~ to Code Compliance Department. (See attached job description) - Consider staff recommendation to approve the addition of the two new positions. 'I. GROWTH MANAGEMENT A. Consider Draft Resolution 05-152 Granting a 12-Month Extension the Majestic Bay Subdivision Major Site Plan - Consider staff recommendation to approve Draft Resolution No. 05-152, which would grant a 12-month extension to the approved project. B. Approval to extend the EDSA contract for the Research and Education ParR Master Plan from 06-15- 05 to 11-30-05 - Consider staff recommendation to approve contract extension to November 30, 2005 and authorization for the Chairman to sign the contract extension. 8. AIRPORT Award Bid No. 05-067 for Runway 9/27 Airfield Lighting Upgrade at St. Lucie County International Airport - Consider staff recommendation to award Bid No. 05-067 to Florida Industrial Electric, Inc. in the amount of $248,114.25 for the rehabilitation of airfield lighting on Runway 9/27 at the St. Lucie County International Airport. 9. UTILITIE' Change Order No. 1 with Ditchdiggers, Inc. for construction services related to the Seminole Utility Extension project in the amount of $51,573.34 - Consider staff recommendation to approve Change Order No. 1 with Ditchdiggers, Inc. for construction services related to the Seminole Utility Extension project in the amount of $51,573.34. CONSENT AGENDA SEPTEMBER 20, 2005 PAGE THREE .. .. "'" 10. MANAGEMENT AND BUDGET Interfund Loan from the General Fund (001) to the Lennard Rd. MSBU's in the MSBU Debt Service Fund (250) - Consider staff recommendation to approve an Interfund Loan from the General Fund (001) to the Lennard Rd. MSBU's in the MSBU Debt Service Fund (250) in the amount of $540,000 to cover the debt service principal and interest payments to Ban~ of America. II. PURCHASING Bid Waiver and Emergency Purchase of Water Pumps for Roc~ Road Jail - Consider staff recommendation to approve the waiver of the bid process and Emergency Purchase of Water Pumps for Roc~ Road Jail to Gulfstream Pumps & Equipment Inc. for $25,490. \., ANNOUNCEMENTS Septemlle, 20, 2005 '.J 1. Meeting Changes: · October 4, 2005 Board of County Commissioners meeting is at 9:00 a.m. · October 11, 2005 Board of County Commissioners meeting is at 6:00 p.m. · 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 the Final FY 2006 Budget Public Hearing on Thursday, September 22, 2005 at 5:05 p.m. in the County Commission Chambers. 3. The Board of County Commissioners will hold a Public Hearing on the Rural Land Stewardship on Thursday, September 22, 2005 at 6:00 p.m. in the County Commission Chambers. 4. The Board of County Commissioners will hold a Public Hearing on the TVC Element Amendment on Monday, October 17, 2005 at 6:00 p.m. in the County Commission Chambers. s. The Board of County Commissioners will hold a Public Hearing on the FPL Site Plan on Tuesday, October 25, 2005 at 6:00 p.m. in the County Commission Chambers. 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 (TT2) 462-1428 at least forty-eight (48) hours prior to the meeting. '" '''; BOARD OF COUNTY COMMISSIONER' ADDITION' AGENDA 'eptemlle, zo, zoos Revbeel ./zo/OS CON'ENT AGENDA CAI. CENTRAL SERVCIES Approved payment in the amount of $27,204.00 to Tropical Window Coverings for the purchase, delivery and installation of window coverings for Walton Road Annex - Consider staff recommendation to approve the payment in the amount of $27,204.00 to Tropical Window Coverings for the purchase of window coverings at the Walton Road Annex Building. CA2. ENVIRONMENTAL RESOURCES Contract with RTP Environmental Associates, Inc. to perform review of air quality documents pertaining to a proposed pulverized coal burning power plant (RFP 05-100 - Air Quality Consultant for Review of Documents Pertaining to a Pulverized Coal-Fired Power Plant) as drafted by the County Attorney's Office - Consider staff recommendation to approve the Chairman to sign the contract with RTP Environmental Associates, Inc. to perform review of air quality documents pertaining to a proposed pulverized coal burning power plant (RFP 05-100 - Air Quality Consultant for Review of Documents Pertaining to a Pulverized Coal-Fired Power Plant) as drafted by the County Attorney's Office CAs. ADMINISTRATION Commissioner Coward has requested that Mitchell Williford serve as his appointee on the Code Enforcement Board - Consider staff recommendation to ratify Commissioner Coward's appointment of Mitchell L. Williford to the Code Enforcement Board. 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) 462-1m or TDD (Tn.) 462-1428 at least forty-eight (48) hours prior to the meeting. " "-" ...,.¡ AGENDA REQUEST ITEM NO. C - A1 DATE: Sept. 20, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MClAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: APPROVE PAYMENT IN THE AMOUNT OF $27,204.00 TO TROPICAL WINDOW COVERINGS FOR THE PURCHASE, DELIVERY AND INSTAllATION OF WINDOW COVERINGS FOR WALTON ROAD ANNEX BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAil: 310003-1930-562000-160 5 (Buildings) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the payment in the amount of $27,204.00 to Tropical Window Coverings for the purchase of window coverings at the Walton Road Annex Building. MISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 NCE: g Anderson County Administrato: LJ Purchasing Mgr.: dl County Attorney: Originating DePt~ Mgt. & Budget: Other: Other: Finance: (Check for Copy oniy, if Applicable) Elf. 1/97 H:\AGENDA\AGENDA-B2 WALTON ANNEX WINDOW COVERING. DOC 'w' ~ MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: September 20, 2005 SUBJECT: APPROVE PAYMENT IN THE AMOUNT OF $27,204.00 TO TROPICAL WINDOW COVERINGS FOR THE PURCHASE, DELNERY AND INST ALLATION OF WINDOW COVERINGS FOR WALTON ROAD ANNEX ****************************************************************************** BACKGROUND: On May 3,2005, staff received an invoice from Tropical Window Coverings in the amount of $27,204.00 for the purchase, delivery and installation of window coverings at the Walton Road Annex site. The entire procurement of window coverings at the Walton Road Annex Building was perfonned without the consultation of the Central Services Department (please see attached memorandum). Funds in the amount of $27,204.00 are available in the Walton Road Annex project, and staff is requesting pennission to use these available funds for payment to Tropical Window Coverings. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the payment in the amount of $27,204.00 to Tropical Window Coverings for the purchase of window coverings at the Walton Road Annex Building. '-' >.,J Dept. of Central Services Roger Shinn - Director Phone: 772-462-1432 Fax: 772-462-1444 Memorandum Date: September 15,2005 To: Ed Parker - Purchasing Director Cc: Kimberlee Gagnon - Fiscal Coordinator Central SeNices From: Greg White, Project Manager, Central SeNices, Ex!. 1249 RE: Purchase of Window Coverings for Walton Road Annex J~ The entire procurement of window coverings at the Walton Road Annex was performed without the consultation of the Central SeNices department. Early in the building project Central SeNices had arranged a consultation with "Mechoshade" and had subsequently received a proposal for providing and installing their commercial grade of window shades. At the time the proposal was presented Central SeNices did not have adequate funding in the project budget to fund the window coverings. As the project progressed Central Services established funding for window coverings through the change order process. However, there was no commitment made to Mechoshade or any other company for a purchase. Given the amount of the purchase, I was instructed that the window coverings were required to go through the bid process. In preparation for that bid I provided some possible local sources for this work. I was in consultation with the tenants and instructed them and their fellow departments in the Walton Road building to consult with each other and establish a specific product or products that all departments could accept in the building and then I would move forward with a bid. On May 3, 2005, an invoice arrived from Tropical Window Covering in the Central SeNices office weeks before any material was delivered to the building. The invoice lists county personnel that were never contacted regarding this project. To date, not one person in our department was involved with the purchase, delivery, installation or management of this vendor for this work. Attachment '-' INTERNAL REQUISITION AUTHORIZATION ...,; OA1" IMPUT CLERK ~ PAGE DEPARTMENT: r ..ði\kc;-~, Se...2....:J\c.e S FUND: ~iCû03'- L Q3J--S62.t:co. ¡GOS REQUISITION NUMBER REQUISrTlON DATE 9 '10 (JS DELIVER TO: REMARKS: VENDORS: NUMBER NAME SOLE SOURCE 111 - ADDRESS \ -Q,S NUMBER NAME 112 ADDRESS E~ERGENCY PURCHASE NUMBER NAME 113 ADDRESS VENDOR 113 VENDOR 112 VENDOR 111 UNIT PRICE UNIT PRICE UNIT PRICE TOTAL PRICE Q'-t PRICES ESTABLISHED BY: VENDOR TOTALS 113 112 111 ,;l LO'-\.- VENDOR REPRESENTATIVE 111 DEPAR MENT HEAD OR AUTHORIZED PERSON ON Y 112 REQUESTING PERSON '-' if iropicaI Window Coverings, Inc. 506 S Market Avenue Fort Pierce, FL 34982 Phone# (772)464-6674 Fax#(772)489-0018 ..., Invoice 4/27/2005 St Lucie County 1664 SE WaI10n Road Port St Lucie, FL 34952 96 Blinds in varying sizes \ . All offices will béreceiving the real wood 2" Treasures Blinds Color: All blinds ",ill have the Privacy Option feature. All blinds will get the 5" Imperial Valance in color of choice. cord tilt for all blinds Installation Included 23,496.00 Breakroom and Common Room interior windows will have: 12 shades in varying sizes Hunter Douglas-Remembrance Roll-up Shades Style: Serene Color: Golden Sunrise on the clutch roller system b1stallation included 2,366.00 "1.».. u~ ; ·......1-· '.-~'~ ~:\:. ['-" Estimate Sales Tax (6.5%) ¡'"., Total iJ J> c:~ Ji"" ç;: ;.:;; .(:r¡ '~'T·Ç'J THERE WILL BE A $15 CHARGE FOR ALL RETURNED CHECKS 10% INTEREST VIlLL BE ASSEDSSED ON ALL UNPAID BALANCES AFTER 90 DAYS Payments/Credit;-' _r, '~_.~J !- '- ;,' Balance Due ,..... .-:-: Pag e 1 / ~ , j '-'" .- /lropicaI Window Coverings, Inc. / 506 S Market Avenue Fort Pierce, FL 34982 Phone# (772)464-6674 Fax#(772)489-0018 Invoice St Lucie County 1664 SE Walton Road Port St Lucie, FL 34952 Time for Delivery: 3-5 weeks ",¡., Estimate 'j., Sales Tax (6.5%) Total $0.00 TIffiRE WILL BE A $15 CHARGE FOR ALL RETIJRNED CHECKS 10% INTEREST WILL BE ASSEDSSED ON ALL UNPAID BALANCES AFTER 90 DAYS Payments/Credits $25,862.00 $0.00 Balance Due $25,862.00 Page 2 \' Agenda Request Item Nu~ Date: t).JA -- 2- 9/20/2005 Consent Regular Public Hearing Leg. [ ] [ X ] [ J [ J Quasi-JD [ To: Submitted By: Board of County Commissioners Environmental Resources SUBJECT: Request the Board approve the chainnan to sign the contract with RTP Environmental Associates, Inc. to perfonn review of air quality documents pertaining to a proposed pulverized coal bumlng power plant (RFP 05-100 - Air Quality Consultant for Review of Documents Pertaining to a Pulverized Coal-Fired Power Plant) as drafted by the County Attorney's OffIce. BACKGROUND: NA FUNDS AVAILABLE: Funds will be made available in 102-9910-531000-800 Unincorporated Services Fund - Professional Services. PREVIOUS ACTION: The Board granted pennlssion to advertise for RFP 05-100 on August 2,2005. The Board granted pennission for staff to negotiate with the top-ranked finn for RFP 05-100 - Air Quality Consultant for Review of Documents Pertaining to a Pulverized Coal-Fired Power Plant on September 6, 2005. RECOMMENDATION: Staff recommends that the Board approve the chairman to sign the contract with RTP Environmental Associates, Inc. to perfonn review of air quality documents pertaining to a proposed pulverized coal burning power plant (RFP 05-100 - Air Quality Consultant for Review of Documents Pertaining to a Pulverized Coal-Fired Power Plant) as drafted by the County Attorney's OffIce. ¿ COMMISSION ACTION: NCURRENCE: 00 APPROVED 0 DENIED D OTHER Approved 5-0 /. . Douglas M. Anderson County Administrator Other. Purchasing: Other. ," '. ~ """ Commission Review: September 20, 2005 ENVIRONMENTAL RESOURCES DEPARTMENT MEMORANDUM TO: County Commission FROM: Environmental Resources Director DATE: September 20, 2005 SUBJECT: Request the Board approve the chairman to sign the contract with RTP Environmental Associates, inc. to perform review of air quality documents pertaining to a proposed pulverized coal burning power plant (RFP 05-100 - Air Quality Consultant for Review of Documents Pertaining to a Pulverized Coal-Fired Power Plant) as drafted by the County Attorney's Office. The Board granted permission to advertise for RFP 05-100 on August 2,2005. The Board granted permission for staff to negotiate with the top-ranked firm for RFP 05-100 - Air Quality Consultant for Review of Documents Pertaining to a Pulverized Coal-Fired Power Plant on September 6, 2005. Staff recommends that the Board approve the chairman to sign the contract with RTP Environmental Associates, Inc. to perform review of air quality documents pertaining to a proposed pulverized coal burning power plant (RFP 05-100 - Air Quality Consultant for Review of Documents Pertaining to a Pulverized Coal-Fired Power Plant) as drafted by the County Attorney's Office. Funds will be made available in 102-9910-531000-800 Unincorporated Services Fund - Professional Services. "'I81'TlED: . \ t1wffiµ~ Vanessa Bessey Environmental Resources Director cc: FHe ." AGENDA REQUEST ITEM~. CA3 DA TE: September 20,2005 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: SUBMITTED BY (DEPT): Board of County Commissioners . Anderson County Administrator Administration SUB1ECT: Code Enforcement Board BACKGROUND: Commissioner Coward has requested that Mitchell Williford serve as his appointee on the Code Enforcement Board. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board ratify Commissioner Coward's appointment of Mitchell L. Williford to the Code Enforcement Board. 11 APPROVED[] DENIED [] OTHER: Approved 5-0 ;7~ Douglas M. Anderson County Administrator COMMISSION ACTION: Review and Approvals County Attorney: _ Management & Budget: _ Originating Dept: Other: Finance: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 \. 4~ '-/:)/ Mitch and Donna Williford HomeFax @ 772 464-3532 TO: Subject: Homefax.doc ~~ - -~- - ..., \. s~p lO,LUUJ U~:lj UUU-uuu-uuuuu ~".'''.. o. :1> ,~. '"~.. .. . _u. ,J!II'.:~ S.l"':~~Ü¡, "'.J...,r;' ~ .. .c. ~.. ~T ,--1~¡¡': c ~ "Dr~~h . = X ~ ~ .·¡J-"''''I!I ("II'r, . '. COUNT Y f 1 f I ,.... ...- .,-_. -.- 6tH ~ ~,.. ()~,i) St. LUll! County BQ¡rd of County Commls!lioners ADDliciltlQo.m~rvlDLqn County 'DInts md Commlttaes Thank you for aNIy!nl far J p~lo1'\ CIfI 0. of it. ~.. County'¡ mal1Y ac.Mwl'Y boards MId c()mmllt~'t¡, The mlnImJm r.qLllTrmeno ror CI)mlllt~e membenhlp .art: · Hun be ð Coullty reldent · Must hU( ~11! relat@d II) anothtr comrnltttf member, Count'; CommÌiSoner or ~l.Inw et'II)loyee in\'OIved with tht committee of IrIttl'tSl. · MIIR not be tmplayed by the same ÞuClMu .ntky ¡¡ omlr ,ammlttee ~'lemtM?",. · Mun not Sll"l'f on more tItm 2 COlIni)' ecnrnIa.1 N\M: $ami [ommlttl!e.l hllYe .additional ~ IJI... Inqul~ when $I¡OOIIåI¡ chù .appik.¡tlon. III ilddltlon, smlce on ~"",,;It(ees with I¡"n~s. Zótllr\¡ 1)1( natural re$ðUfCfI mponslbll:tJti5 maY R~uirc dbclo$urt of ÐnalldallrlW1!SU. PIt~e complete me '~Iowlni InforrrunJan: I. ?1t.1.. indicate the cørnml""(t) YQU art t..reed In. 5~e the 11ft blPlow. 2. Name, M j +coO h!:rl J L. \.v', I; fordPhooe: ì Î ~ _~ ~ C,¡¡ 4- ... '7 (¡,.99 J. liømt .d~s: R u' (\ . ..5:tL:L~ _I.\J\ _r, V ~ Eo.d...r:L~_F L '3 +S.~ ! I ; 4. Whlc~ (omn'.lss!on dlnrta do you IIw In? ,. S. l\IIInesslOccllÞaÙOn _.tf.J~:ñfi trJ) .---........- ...... ó, a~in'm iIdó...u: ._---~- ._~.._..- ---'-"---- 7. Ir1I' ...tum~ 01 educ~tIon 81: IIXI""~.: (1'Itae ~tQC;1I r.'.lIrlp.) . . _ " I Ii "'1- .sç.II~'I;'" (L~~) w.~"1 f - ~J. '1-'U ¿ rP,.t..¡) 7" t( ï~J _ 1fX ~J(1l C".L lYe "" " ...-.---.--.....-- a. Do yO\! currently SIIW on J countY commlttlt(t)? If~, plem lilt: r:!.) ¡,;.--IL t'age L. ,. s~p ¿u,¿uu~ U~:14 UVV-VViJ-VUVUU a911g(;¡e2~ ~¿ '5e14¡;;:~"¡ ~T lUCiE co ~rn~¡N .....,..,'£ cil 10. Would you (1)I\Sldtr Hl'\'lnl on ¡noth.. boIrcl 0ØItr lI1an \he orw(SJ nawd .ÞO\'e~ (PIc.1e 1;¡«11)r) .......----..-..---. .......-........ -~- I , çommenu: ..----....-- (1-. Ii.· ' ïj/ /. J $1(jt,¡ATUR.~~.t.'e~ D.....TEIYø 1iI~ ;....0. ~o5 SL welt CountY ÀdvIsorv Iou~ and Committee Citiæn A.ggplnUMfù Available Ple~Je check thl! l:onm1œes you are hurested Inl 1:1 ¡Poach Prewv.1Ion Ta.k Force II lOoIrd of Aduament II Central Flot1da fortlln·Trldt Zone, 1ft(. u ChIldren's SeMctS Council XI ChInn's BUQIt'I f)evelopmfnt Committee ~ Code Enforcement Boar¿ a Community Develo,ment Black Grant Oen's AdvIsory Tnk For" II ConU'JCtOI'S Clrtlftcatlon ßoant 1:1 Cuttural Alfaln Co1.lncl 1:1 &ner~ Mldlcll Servlct$ Advbory Council iii EnvtronmtnLtll HMrlnl BDard II fl. OtPL of Qlldren and hmly Services Comml1ue District 1 5 u Fl. Oepe. of Qlldren ,nd hmlty Storvlcts NomIRaml Qualltlatlons kl!v~ Commlat þlJU'kt \ 5 IS Fort Plertl HartIct AdviSOry Commlttlé II HIJtorical ComntlUlO/\ . HousIlII Finance AuthoritY II In'mtmel\t Cammlttee a Ubraty Ad_.., Board It ÞlaMlna. IonInC CommlJllon/Locill PI.n"lnl Apncy iii Restudy CtIordlnltlon CommlÞe D St. Lude Cou~ Iltcr~don Advi50:')' Board iii Toun. Devtlapmellt Count' . Trtl!ul't Coast Health CoIllc\I, Inc. u T reatl'f Coast R.eIIonill ~OnonK þistrictlOYtrall Economic Oevelopmc:nt Prol1'lm CorTInltlie ø Vepudon pro*tIon Cummlttef APPLICATION WILL REMAIN EFFECTIVE FO" ONE. YEAR Submit to; $t. Luclt CaunEY Adrnl*truor'I Of/Ice, Hluy SùJl UOO \!I~ AVlRUI, Fort 1ÞtIrt:., FL J4981 p~: (771)462·1156 t'dgl> ~ ~ " \.r- -...I BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 13, 2005 Tape: 1-3 Convened: 9:00 a.m. Adjourned: 1: 15 p.m. Commissioners Present: Chainnan, Frannie Hutchinson, Paula A. Lewis, Doug Coward, Joseph Smith, Chris Craft Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Pete Keogh, Parks and Recreation Director, Don West, Public Works Director, Ed Parker, Purchasing Director, Mike Pawley, County Engineer, Roger Shinn, Central Services Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (1-027) It was moved by Com. Craft, seconded by Com. Smith, to approve the minutes ofthe meeting held September 6, 2005, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONfPRESENTATION The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS None 4. CONSENT AGENDA (1-110) 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 The Board approved Warrant List No. 50. 2. COUNTY ATTORNEY A. Resolution No. 05-345- Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-346 Extending the State of Emergency II)" Ilurricanc .Ieannc- The ßoard approved Resolution No. 05-345 and 05-346. B. Pending nCOR Claim No. 149868- The Board approved the proposed settlement by nCOR. C. Auditor Services- First Amendment to August 20, 2002 Agreement with Berger, Toombs, Elam Gaines & Frank, CPA's PL Fiscal Year 2004-05 Audit- The Board approved the First Amendment and authorized the Chainnan to sign the First Amendment. D. Partial Release of Lien for St. Lucie County Code Enforcement Board Order Imposing Fine/Lien in Case No. 25481 dated August 4,2004- The Board authorized the Chainnan to sign the attached Partial Release of Lien. 1 09/09/05 FZABWARR FUND 001 001156 001160 001164 001165 001166 001168 001170 001172 001293 001294 001814 101 101001 101003 101006 101106 102 102001 105 107 107001 107002 107003 H7006 115 118 129 129310 140 140001 160 183 183004 183006 184205 185005 185006 310002 310201 315 316001 39007 39009 401 418 421 441 \w ST. LUCIE COUNTY - BOARD WARRANT LIST #50- 03-SEP-2005 TO 09-SEP-200s FUND SUMMARY TITLE General Fund FTA USC Secton 5307 Oper. Assist. Section 112/MPO/Planning FY 04/05 USDOJ Violence Against Women Grant CSBG Grant FY05 Section 112/MPO/FHWA/Planning 05 Urban Mobile Irrigation Lab 04/05 Cert FY 04 Grant CDBG Grant FY 05 TDC Planning Grant FY 05 FDCA/EMPA 2005 Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/Local Option Transportation Trust/Impact Fees USDA (NRCS) Emergency Watershed Prt Unincorporated Services Fund Drainage Maintenance MSrcr Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-BOO Mhz Oper F&F Fund-Court Related Technology Sheraton Plaza Fund . Paradise Park Fund Parks MSTU Fund FRDAP Grant-Lawnwood Recreation Com Port & Airport Fund Port Fund Plan Maintenance RAD Fund Ct Awniniatrator-l9th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP Fort Pierce Shore Protection P FHFA SHIP FY04/05 FHFA SHIP FY05/06 Impact Fees-Parks FDEP/FRDAP Ancient Oaks County Building Fund Transportation Capital Indian River Estates MSBU Sunland Gardens 2 MSBU Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities -, EXPENSES 476,154.33 419.53 7,135.27 14,597.40 4,032.82 1,779.05 303.18 12,266.25 436.00 205.54 380.78 305.82 74,139.18 237.82 48,229.26 169,497.30 346,132.68 37,668.71 13,472.40 408.87 87,278.90 252.53 595.95 4,676.59 162,899.1B 474.56 664.35 56,929.00 9,025.00 25,758.47 292.66 5,513.59 1,017.06 768.15 722.01 4,000.26 133.78 530.27 23,855.47 50,064.97 53,201.71 111,706.24 253,055.88 17,659.99 222~199.96 16,128.39 259.72 1,106.93 'wttII PAGE PAYROLL , 729,654.85 2,178.54 0.00 0.00 1,981.70 6.122.67 1,312.01 0.00 0.00 845.51 0.00 1,312.01 133,547.08 0.00 0.00 0.00 0.00 68,874.77 6,310.87 1,808.88 121,320.07 960.54 2,460.84 0.00 0.00 0.00 0.00 0.00 0.00 12,732.45 0.00 3,967.68 1,171.85 3,049.23 0.00 0.00 0.00 2,360.99 0.00 0.00 0.00 0.00 0.00 0.00 60,311.76 29,888.45 622.61 5,086.69 1 09/09/05 FZABWARR FUND 448 449 45~ 458 46~ 47~ 478 479 481 489 491 505 505001 6~1 6~5 666 677 678 679 692 693 '-" ST. LUCIE COUNTY - BOARD WARRANT LIST #50- 03-SEP-2005 TO 09-SEP-2005 FUND SUMMARY 'l'ITLE NHI Util-Renewal & Replac~ent Fund NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewa1 & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capita1 Facilities Airport Utilities District Airport Util - Capital Fac Fund Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund SLC Economic Development Trust Fund Lost Tree Estates Fund Anita Street MSBU Fund Timberlake Estates MSBU Ideal Holding Road MSBU Westglen MSBU GRAND TOTAL I " EXPENSES 47.12 349.39 680.88 110.87 31,172.97 1,289.37 38.16 32,320.76 134.49 1.28 25,957.91 148,042.68 504.92 968.97 102,928.49 50,000.00 1,954.50 2,486.52 10,484.49 8,121.00 10,262.25 2,746,430.78 - ~ PAGE 2 PAYROLL H8.13 63L27 ~,692.S3 413.59 27,713.28 4,945.29 108.87 737.65 454.48 17.38 114, 91L 21 3,338.63 2,079.48 3,877.57 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,358,971.41 r '-' ..I 3. PUBLIC WORKS A. Engineering Division- Lake Drive MSBU- Interlocal Agreements with the Property Appraiser and Tax Cotlector- The Board approved the interlocal agreements and authorized the Chaim1an to sign the Agreements. B. Navajo Avenue South MSBU- Interloeal Agreements with the Property Appraiser and Tax Colleetor- The Board approved the Interlocal Agreements and authorized the Chainnan to sign the Agreements. 4. ENVIRONMENTAL RESOURCES Request Board approval of Budget Resolution No. 05-325 establishing the budget for the I Inited States Department or Agriculture/National Resource Conservation Service Wdl:lI1d Reserve Program funds 10 be used to restore the Teague Properly whieh is part oflhe Paleo Hammock Addition Project- The Board approved Budget Resolution No. 05-J25. 5. PUBLIC SAFETY Request to approve the purchase of two servers, software, training and tapes for the GISlMapping System in the amount of $47,450.00 - The Board approved the purchase of the two servers, software, training and tapes to be used with the new mapping system in the amount of $47,450.00. Also approved Equipment Request # EQ05-374 and Budget Amendment # 05-188. 6. PURCHASING A. Permission to advertise an invitation to bid for Waste Tire Removal for Solid Waste Department- The Board granted pennission to advertise an Invitation for Bid for Waste Tire Removal for Solid Waste Department. B. Authorize Parks and Recreation to participate as a co-sponsor with Reiss Ranch and Approval ofa ratc rcduetion for usc oUhc Fairgrounds Equestrian Arena- The Board authorized Parks and Recreation to co-sponsor the Reiss Ranch Clinic and to approve the reduction of fees to a flat $2,000 for the two day event. C. UDT Seal Museum repairs- Budget Amendment No. BA05-190- The Board approved BA05-190 using $3,382. from the General Fund Contingency to repair the pool at the UDT Museum prior to the November 2005 Muster. 9. MANAGEMENT AND BUDGET A. Adopt Budget Resolution No. 05-343 to establish the budget for a Hurricane Housing Recovery Plan Grant- The Board adopted Budget Resolution No. 05-343 to establish the budget for the HHRP Grant. B. Adopt Budget Resolution No. 05-344 to establish the budget for the Green Acres MSBU projeet- The Board adopted Budget Resolution No. 05-344 establishing the budget for the Green Acres MSBU project. 2 '-' ...,.I 1 O. CULTURAL AFFAIRS A. Authorize the Chair of the Board of County Commissioners to execute the Historic Preservation Grant Award Agreement, including Addendum to Grant Award Agreement Number SC6l5 and Restrictive Convenants, accepting the $350,000 grant- The Board approved accepting the $350,000 grant from the Florida Division of Historical Resources and authorized the Chainnan to execute the Grant Award Agreement including Addendum to Grant Award Agreement Number SCÔ 15 and Restrictive Covenants. B. Request for approval to host a cocktail party for the Florida Trust for Historic Preservation at the S1. Lucie County Historical Museum on October 26 and to serve alcohol- The Board approved the request from the Florida Trust for Historic Preservation to host a cocktail party and to serve alcohol at the Historical Museum 10/26/05 from 5:30 p.m. to 7:30 p.m. 11. SHERIFF'S DEPARTMENT A. Disbursements from Law Enforcement Impact Fees- The Board approved the Sheriffs budget amendment and transfer of funds in the amount of$360,099.00. ß. Distribution from LET Funds- The Board approved the Sheriffs budget amcndment and transfer of funds in the amount of $145,489.00. 5. NO PUBLIC HEARING SCHEDULED REGULAR AGENDA 6. COUNTY ATTORNEY 2005 Economic Development Exemption Application- Scripps Treasure Coast Publishing Company- Consider staff recommendation to accept the report of the Property Appraiser and grant pennission to advertise Ordinance No. 05-034 for a public hearing. II was moved by Com. Crall, seconded by Com. Lewis to grant permission to advertise Ordinance No. 05-034, and accept the report and; upon roll call, motion carried 1Illan i mO\ls 1 y. 7. COUNTY ATTORNEY 2005 Economic Development Exemption Application- Atlantic Truss Co., Ltd.- Ordinance No. 05-035- Consider staff recommendation to accept the report of the Property Appraiser and grant pennission to advertise Ordinance No. 05-035 for a public hearing. It was moved by Com. Craft, seconded by Com. Coward, to grant pennission to advertise Ordinance No. 05-035, and accept the report and; upon roll call, motion carried unanimously. 8. COUNTY ATTORNEY 2005 Economic Development Exemption Application- Tropicana Products, Inc.- Ord i nance No. 05-03()- Consider staff recolllmcndation to accept thc rcport 0 f the Properly Appraiser and grant pemlission to advertise Ordinance No. 05-036 for a public hearing. 3 '-' ....., It was moved by Com. Smith, seconded by Com. Lewis, to accept the report and grant pennission to advertise Ordinance No. 05-036, and; upon roll call, motion carried unanimously. 9. PUBLIC WORKS (1-400) Grey Twig Lane MSBU Final Hearing Public Water Improvements- Consider staff recommendation to adopt Resolution No. 05-339 approving the Final Assessment Roll for the Grey Twig Lane Municipal Services Unit. It was moved by Com. Lewis, seconded by Com. Craft, to approve Resolution No. 05- 339, and; upon roll call, motion carried unanimously. I O. ENVIRONMENTAL RESOURCES Draft native Tree Mitigation Bank Agreement - Flagler Development Corporation- Consider staff recommendation to approve the Draft Native Tree Mitigation Bank Agreement with Flagler Development Corporation and authorize the Chair to sign the agreement. Mr. Dobbins, Flagler Development Corporation addressed the Board. Com. Coward stated it may be more advantageous for the County to purchase the property if the Developer does not wish to maintain it. Mr. Dobbins stated it would not be pall able for the developer to donate the property and also assist in maintaining it. The Environmental Resources Director stated she could work with Mr. Dobbins on the language for the management of the property and return to the Board. Com. Coward stated he was interested in the possibility of a portion of the revenues coming to the counly. Com. Lewis stated she would lie to have more research done however, she does not wish to lose this opportunity. Com. Coward stated his wishes are not for the deal to go away, but simply would like a better deal. He also questioned the clause regarding the annexation (# 10) and would like this language reviewed. Mr. Dobbins stated the annexation language can be removed ifit was the pleasure of the Board. It was the consensus of the Board to table this item until more infonnation can be obtained. II. GROWTH MANAGEMENT Draft Resolution No. 05-150 granting Major Site Plan approval for the project to be known as Capron Trail Park- Lakewood Park for property located on the east side of Emerson Avenue north of Waterstone FKA Emerson Estates PUD- Consider staff recommendation to approve Draft Resolution No. 05-150 granting Major Site Plan approval for the project to be known as Capron Trail Park subject to 1 limiting condition. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 05- ISO subject to the 1 limiting condition, and; upon roll call, motion carried unanimously. 4 '-' ..." 12. COUNTY ATTORNEY Impact Fees - Interlocal Agreements with the Town of Lucie Village- Impact Fees- Consider staff recommendation to approve the Interlocal Agreements and the Memorandum of Understanding. It was moved by Com. Lewis, seconded by Com. Smith to approve the lnterlocal Agreement and the Memorandum of Understanding, and; upon roll call, motion carried unanimously. 13. COUNTY ATTORNEY Impact Fees - Interlocal Agreements with the City ofport St. Lucie to collect Fire/EMS and Library Impact Fees- Consider staff recommendation to approve the Interlocal Agreements and authorize the Chainnan to sign the agreements. It was moved by Com. Smith, seconded by Com. Coward, to approve the interlocal agreenH.:nts, and; upon roll call. motion carried umll1imously. 14.. COUNTY ATTORNEY Impact Fees- Interlocal Agreements with the City ofFt. Pierce- Consider staff recommendation to approve the Interlocal Agreements and authorize the ChaiTI11an to sign the Agreements. It was moved by Com. Lewis, seconded by Com. Coward, to approve the Interlocal Agreements, and; upon roll call, motion carried unanimously. 15. ADMINISTRATION (1-1383) Special Needs Shelter Location- Staff is requesting direction on the location of the Special Needs Shelter. The County Administrator addressed the Board and stated they were in a time frame to accept the $2.5 million state funding. The Public Salcty Director reviewed the 5 options he presented to the Board. Ms. Kimberly Knapp, area resident, addressed the Board in favor of the fairgrounds location due to its location, the size of the area and it's convenient location to the hospitals. Mr. Duke Nelson, City ofFt. Pierce Commission, addressed the Board in favor of utilizing the Human Development Resource Building on 29th and Avenue D. He asked the Board to join the City ofFt. Pierce with their plans and select the Resource Building as the special needs shelter. Mr. Dennis Beach, City Manager, addressed the Board and asked the County to consider an urban area when making a major investment. Mr. Larry Lee, Jr., 011 behalrorthe I-Iuman Development Resource Ccntcr addrcsscd thc Souru concerning the residents who cannot afford to find a way to leave the area and this would be an ideal location as a shelter for the poor. Mr. Edward Egars, area resident, addrcssed the Board and stated he did not believe the 29th and Avenue D location was a good location due to the size. He stated 6 acres was not enough to house superdome capacity. Ms. Arlene Goodman, 490 Oleander Avenue resident, addressed the Board and read a letter from the White City Improvement Club for the record (see attached) in favor of the 5 '--' -.; fairgrounds location due to the fact the county already owns the land and there is plenty of space for all emergency vehicles and emergency personnel. Mr. Jack Cahill, City ofFt. Pierce resident, addressed the Board and asked them to consider the City residents when making their decision and also consider there are those who need help beyond medical needs. Mr. John Ferrick. read a letter fi'om the North Fork Property Association and addressed the Board in favor of Ihe Iltirgrounds location and would like the Board to accept the moncy before we ]osc it. Ms. Rosalie Hawkins, area resident addressed the Board in favor of the fairgrounds location and stated having crucial personnel in one location is essential. Ms. Hawkins questioned the flood zones in the county. Mr. Christopher, Emergency Management, addressed the flood plane requirements. Mr. Duke Nelson, City Commissioner advised the Board the City has 3 million dollars allocated for reconstruction of the 29th St., location and the county can add on or redesign if necessary. Ms. Pamela Hammer, Reserve resident, addressed the Board and stated the county is in desperate need of a special needs shelter for the entire county and stated she was in favor of the fairgrounds location due to its sizc. Mr. Don Roscnthal, resiùent, aùdrcsscd thc Board and stated 10 miles will notl11ake a difference and stated both facilities should be considered. The County Administrator advised the Board they will have the 2.5 million if the Board decides to move forward with accepting the money and they will be researching other funding sources for the balance. Com. Hutchinson stated she felt the fairgrounds was a prime location for the special needs facility. She stated this was not an every day shelter but was for specific medical needs that needed electricity for example and this would be provided by generators. Com. Lewis stated her concern with the fact that during the time of the second storm approaching, there were fewer residents at the shelter due to the fact they werc afraid of being movcd to a out of county location. She stated therc was a small percentage of the population requiring special needs ;l11d Ihcsean; the people Ihe shelter would hI.: huiltlo ;\ccollllllodatl.: not the genl.:ral population. Com. Craft stated what leads him not wanting to place such a facility in a rural area is the size ofthe building. He felt the primary use should be a daily use especially if they are going to be spending the amount of money mentioned. This building should be near restaurants and generate traffic locally but not sprawl. He felt this is not a convenient location because there are only two roads to this location. Com. Smith stated after reviewing the details further he felt the fairgrounds was not the proper location for the shelter. He supported the shelter being located at the 29th and Avenue D location. He stated he found in the city ofFt. Pierce the residents would be closer to medical aid, whether it be the hospitals or a walk in clinic. A shelter at the fairgrounds should be utilized as a shelter for disaster and hurricanes for the general population. Com. Smith questioned the American Red Cross Standard and asked if we had spoken to anyone from the Red Cross. Mr. Christopher, Public Sarety, stated the State of Florida, Dept. ofCol11l11unity Affairs, Emergency Management, has adopted Article 44-96 as their standards for shelters. This Article has nothing to do with the Red Cross. This is their acceptance at the State level as to where shelters should be located. 6 ....... ...., Com. Smith asked if there was a county wilhin the 100'% nood plain would they be able to have a special needs shelter? Mr. Christopher stated, according to the way this is written, no sir. Com. Smith stated he did not believe this was their intention and would like someone to contact the state or who ever we need to give us firm answers on this issue. The County Administrator stated they would request a waiver should the Board elect to place the shelter in the city ofFt. Pierce. Ifthey cannot get the waiver he would return to the Board. Com. Coward concurred with Com. Craft. He stated the key issue is where to locate the shelter. This area is outside the urban service area. This is a rural area and this is why he is concerned about placing the shelter in this area, however, he does not have a better location because staff has not presented alternatives for consideration. He is disappointed in the process and stated the 10 mile was the driving force throughout the whole process ()r the past Ú years. Now we arc told it is not cvcn an isslIc. Com. Coward stated he would not vote to jeopardize $2.5 million. The Public Safety stated what was before the Board today was acceptance of the money. The County Administrator stated the confusion seems to lie where it is noted the county must have a certificate of occupancy by 2008. To get building design and get it built takes a while this is why they are pushing a deadline. Com. Lewis stated she had a concern accepting the money not knowing what she will be doing with it not knowing what the other financial contribution should be. It was moved by Com. Craf1, to send a letter saying yes we will accept the money for the special needs shelter, seconded by Com. Coward, Com. Coward stated he would like to put a time frame on this issue and stated would like inforn1ation on the alternative sites that that he can make an informed decision and if they cannot find other locations, he would support the fairgrounds. He states, as it relates to the Ft. Pierce site, there is an issue of the flood plain and there is some discussion as to whether or not it can be placed at this location. He suggested calling the state for information and whether the waiver can be achieved. The second issue is the flood plain maps and whether they are conceptual. They need to be homed in on site specific basis and need to find out where the flood plain relates to this project. Com. Coward also stated the City of Port 8t. Lucie did not have time to respond and they need to be given that time. Com. Hutchinson stated she was not willing to put this decision off any further. And; upon roll call, motion carried unanimously. Com. Hutchinson asked if there would be anyone willing to make a motion regarding the location of the special needs shelter. Com. Craft stated he would like to find out the particulars regarding the flood plain and the development center on Avenue D and find out if that truly is in the flood plain or if the map is truly conceptual. 7 '-. ...., It was moved by Com. Craft to direct staff to investigate the particulars regarding the flood plain regarding the location of the development center on Avenue D, seconded by Com. Coward requesting a letter be sent to the City of Port S1. Lucie so that they can provide any final plans for us to consider, and; upon roll call, motion carried unanimously. Com. Coward requested the information come back within a couple of weeks minimum. Com. Lewis stated she voted for this only because she wanted to move forward. 16. COUNTY ATTORNEY (2-2137) Chuck's Seafood Inc.- Proposed Leasehold improvements- Staff recommended that the Board of County Commissioners determine whether to grant conceptual approval to the improvements proposed by Chuck's Seafood, Inc., subject to approval by the City of Ft. Piercc and entry into an amcndment to the April 21, 1998 Restatement of Lease Agreement to increase the leasehold to include the additional property to the west of the existing leasehold. The Assistant County Attorney gave a history on this issue and stated Mr. Barton has submitted a site plan to the city ofFt. Pierce and it is scheduled to go before their Planning and Zoning Commission tonight. There are also staff comments from the City to the Planning and Zoning Commission recommending approval with certain conditions related to proof of an executed agreement between the County and Chuck's regarding the parking which is one of their code requirements. In order to accommodate the required parking for the proposed expansion, he is proposing to expand the parking into the existing park facility. The petitioner is proposing to have a dining area of approximately 3,000 square feet to replace the covered canapy dining area to the north ofthe area, a banquet room of 3,000 square feet, office space 2,084 square feet and a kitchen facility of 2,084 square feet. The free standing bar 3,764 square feet, a pier, an elevated boardwalk, two public bathrooms, and, an additional 79 parking spaces. The Assistant County Attorney stated it may be feasible to look at the fair market rental rate now. There are also some outstanding code violations that should be resolved with the city. The Planning Manager addressed the proposed expansion. Staff is concerned with the fact there seems to be excessive vehicular access onto to A-l-A that can be determined unsafe. Also they are concerned with giving up 400+ feet of the public park onto the beach that is used by many residents. Staff recommended not extending the lease. Com. Coward questioned the large amount of office space being requested. He believed the Board has consistently supported restoring the restaurant back, but the Board also rccognized they wnnted to work within the existing foot print and they were gracious cnough to allow the petitioner to have additional development potential on the second slory. This is a very substantial increase in square footage as presented. Com. Coward requested an update by the Asst. County Attorney on the code violations. The Asst. County Attorney advised the Board ofthe code violations both resolved and existing. Mr. Barton addressed the code violation regarding the removal of the sea grapes. Mr. Barton stated he had a permit to remove the sea grapes from the city and when the piping was placed more sea grapes were removed than anticipated. This issue has been resolved, he replanted the sea grapes. 8 "- ..,J Also, in reference to the trailer, he was pennitted to place the trailer after the hurricanes. The pennit was given to him until June 15th and prior to June 15th he had reapplied for the permit and the city decided not to extend the permit until he had a constmction permit to tie it to. He applied for the constmction permit then, the city decided they were not going to issue the pennit until the Board voted on the major project. He stated there are many inconsistencies and he is not violating all the codes. He also explained the reason for the 2,000 sq. ft. in office space. The city did not want him to classify the space as a lounge and asked he classify it as office space. Mr. Davc Knighl, Knight McGuire & Associates, addresscd the Board and asked he be madc aware orwhal improvements would be permitted. lie advised the Board orthe plans far the property and stated all improvements wil1meet current building codcs. Mr. Jack Cahile, Ft. Pierce addressed the Board and stated 175 parking spaces is not in accordance with the size of the building. Ms. Jean Hearn, County resident, addressed the Board in opposition to the expansion and stated the site plan does not confonn with the area. Mr. Bob Bangert, Conservation Alliance, addressed the Board in opposition to the proposed site plan. Mr. Edward Egars, area resident, addressed the Board in favor of the expansion. Ms. Adrina Barton, addressed the Board and noted the improvements that will be made and asked for the Board's approval. Ms. Jane Morrell, area resident, addressed the Board and stated her opposition to the county re1inquishing public property for private use. Ms. Arden Peck, South Beach Association Parks Committee, addressed the Board in opposition and asked the Board contact the city regarding the code violations she feels still exist. The Operations Manager for Chuck's Seafood addressed the Board and stated the additional space is needed for the servers to provide better service. Mr. Craig Mundt, Hutchinson Island resident, addressed the Board in opposition to the expanSIOn. Ms. Eldie McCurdy, Hostess for the restaurant, addressed Ihe Board in favor of the ex pallSIOIl. Mr. David Moore, cmployce, addressed the Board in favor of the expansion. Ms. I'itzgerald employee addressed the Board in favor orthe expansion and commented on Harbor Isle and the impact. Com. Hutchinson stated the Board did not make the decision on Harbor Isle, the City of Ft. Pierce did. Ms. Joan Attwood, Bartender at Chuck's addressed the Board in favor. Com. Craft stated he would Jike to see Chuck's expand according to prior foot print submitted and also would like to be made aware of the city's concerns. He also asked if Mr. Barton could obtain a letter of credit to show the funding is there. Mr. Barton suggested suspending the cracker bar, suspend the canapy over the existing area and this can reduce a lot of space. The kitchen is the one thing that is important it is an old kitchen and it is very small. 9 · . ·~r- ...... ~~d.& CJ II'?> \0$ :-1- ~ "'-"trleJ .-----:" ,,--- We petition the St. Lucie County Board of County Commissioners to locate the Special Needs Shelter and multi-use facility at the St. Lucie county Fairgrounds, along with the EEOC Building. The Fairgrounds is outside the 10-mile radius of the Florida Power and Light Nuclear Facility. With easy access and infrastructure in place, "roads to get to the facility, and water, sewer, and electric with plenty of parking, and a secure facility, it couldn't be more perfect". The Fairgrounds also has a helicopter landing area for emergencies. It is located exactly in the center of St. Lucie County. At the same time we petition the County to work with both cities to locate additional facilities in the future in those areas as deemed necessary. Our population growth mandates that we have a facility up and running in the shortest period of time. Q. c.. .. ~Q. e. Co,A~~~~ Cû.\\~ ~~ " .." .""" Name: Street Addr-ess: City.: 9/';¿)ÒJ~ -~- 'h..)--.,-4-~..!..L~cJ ~,..<, 7::{.~ -'Jß. a'M¿ ~.r;¡a ~,<~ --2'f:L.&¡{l-1f<L4k 2L~ ~ .~ L!4/0,~ ~ tS)l. 5~qg<- J r-( ~~___~(( ,>--_!lL=_~_6._{~:::._Q:-_____ '5 ~_~_ ¿: .l- 41¿L ¡. d tl _ 3!:} r¡ :2- /¿ . ·1 1") (\, . ,(. n '. ' ..:" ..... - ~ '.. ,.' ì t) . ), . "j: " ) , __ '. ¡ l A.. (v....... . / ( L ,I....l ~ ,'~ ~ I ,I ( ,(Y.... (",. . _.2 -) ..J._2. <. .. ~~\~'i~~ --___~LL_S.:ª___ ~~-J1æ...--~2~~_____"Þ..'1.'1~ r.r Cc;,~ ¡::~ 'ck. '5 h. oi~<;?/1 d",f'" /b~ _ /7?'Æc.a.::~.._ '3 Y7'~<-... '( I7G' (¿rJ (( l J 0C¿ JìJ \) \ AJW (C)/T((j (L S ~~L f J ~ ~~liLJ1'ilid&t~~__.Er~~-3YC¡LFl ~fjJq&: ()¡;j)'f'J.¡ l¡ 1'1 WJt~lddJIf f.Sc ,31L<í$.:3 4 ~ Cc:£;ç¡;/l/ ()/j /O~ .h?;;Yø.&' ,¿ð¡¿:- ~~/?7.t¿ 2J(f/J;.< ..2.þ tit¡ Vb.::~_. ~ -~Z-'1Qc;/M.ß-Y""._______E1:.!j:~~cc ~-__~!iîf d r~'ù!JJ-/-ç 13:/0 cJI&Ac!e~At/f.- Iidß!:è.r-02 ~J29'? 2.- lbJ kJt-l\! r' A'. ~ ì' \) lL.LlfS ' ~\ \ ~ r >, r', 7~, L 7Sf11;:S " \,. --------------------------------------------------------- -------- ----- ----------------------------------------------------------------- ---------- ------------------------ · ~ .,.", Com. Coward stated his main concern was the expansion and he does not mind the expansion without taking public property and he is pleased with Mr. Barton's concessions to the plan, but docs not want to approve a plan that was just decided on 30 seconds ago. Com. Hutchinson the growth management staff for the County as well as the City's growth management staff need to work together with Mr. Barton. She will not move forward into any type of an agreement so long as there are code violations pending and have not been addressed. Com. Smith thanked Mr. Barton and his staff for coming out and presenting the plan. Com. Lewis stated they need to consider a fonnalized agreement with shared parking and plan ahead and how this wi11 be dealt with and would like to see how the joint use wi]) be handled. Com. Craft stated they needed a revised site plan and all the code violations addressed. Com. Coward advised the petitioner he can expand up, but not out and this is what the Board is saying. It was the consensus of the Board to call the City of Ft. Pierce and advise them what the BCC 's position is today or place it in writing so that Mr. Barton may present the Board's position to the Planning and Zoning Commission tonight. 17. COUNTY ATTORNEY (3-300) Shinn Road Development LLC vs. St. Lucie County- Settlement Proposal- Based on the circumstances set out above, staff recommends that the Board approved the Mediation Settlement Agreement and authorize the County Attorney to sign the Agreement. II was moved by Com. Coward, seconded by Com. Smith, to approve staff rccommendation, and; upon roll call, Illotion carried unanimously. llNAGENDAD The Hoard discusscd (he schedulcd meeting (or October 12,2005 wilh FPL. It was the consensus of the Board to reschedule this meeting for October 25,2005 at 6:00 p.m. There being no further business to be brought before the Board, the meeting was adjourned. Chainnan Clerk of Circuit Court 10 /' '-' ....I .., AGENDA REOUEST ITEM NO. 2A DATE: September 20, 2005 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 05-316 _ Proclaiming the Fourth Monday in September, 2005, as "FAMILY DAY - A DAY TO EAT DINNER WITH YOUR CHILDREN" in St. Lucie County, Florida. BACKGROUND: The use of illegal drugs and the abuse of alcohol and nicotine constitute the greatest threats to the well-being of America's Children. Surveys conducted by The National Center on Addiction and Substance Abuse (CAA) at Columbia University have consistently found that the more often children and teenagers eat dinner with their families the less likely they are to smoke, drink and use illegal drugs. Chairwoman Frarwie Hutchinson has requested that this Board proclaim the Fourth Monday in September, 2005 as Family Day - A Day To Eat Dinner With Your Children. The attached Resolution No. 05-316 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board adopt the attached Resolution No. 05-316 as drafted. " \w COMMISSION ACTION: ~] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Review and APprova~ County Attorney' originating Dept. Finance, (Check for Copy only, if applicablel___ CONCURR~CE: /-7 Douglas Anderson County Administrator Management & Budget Purchasing Eff. 5/96 Other, Other, .., ~ '-' ....I RESOLUTION NO. 05-316 A RESOLUTION PROCLAIMING THE FOURTH MONDAY IN SEPTEMBER, 2005, AS "FAMILY DAY - A DAY TO EAT DINNER WITH YOUR CHILDREN" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The use of illegal drugs and the abuse of alcohol and nicotine constitute the greatest threats to the well-being of America's Children. 2. Surveys conducted by The National Center on Addiction and Substance Abuse (CASA) at columbia University have consistently found that the more often children and teenagers eat dinner with their families the less likely they are to smoke, drink and use illegal drugs. 3. Teenagers who virtually never eat dinner with their families are 72 percent more likely than the average teenager to use illegal drugs, alcohol and cigarettes. 4. Teenagers who almost always eat dinner with their families are 31 percent less likely than the average teenager to use illegal drugs, alcohol and cigarettes. 5. The correlation between family dinners and reduced risk for teen substance abuse are well documented. 6. Parental influence is known to be one of the most crucial factors in determining the likelihood of substance abuse by '-' ...., teenagers. 7. Family dinners have long constituted a substantial pillar of family life in America. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the fourth Monday in September, 2005, as RFAMILY DAY - A DAY TO EAT DINNER WITH YOUR CHILDREN". 2. This Board urges the citizens of St. Lucie County to recognize and participate in this worthwhile observance. PASSED AND DULY ADOPTED this 20th day of September, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY < , '-' -...I Page 1 of 1 Missy Stiadle - Fwd: Family Day--A Day to Eat Dinner With Your Children COUNTY PROCLAMATION REQUEST From: To: Date: Subject: Missy Stiadle Colella, Connie 8/2/2005 1 :46 PM Fwd: Family Day--A Day to Eat Dinner With Your Children COUNTY PROCLAMATION REQUEST Connie please use 2A for this. Thank you. file ://C: \Documents%20and%20 Settin gs \Administrator\Local %20Settings \ Temp \GW} 0000... 8/2/2005 Message Page 10f3 '-' .."", Missy Stiadle - Fwd: Family Day--A Day to Eat Dinner With Your Children COUNTY PROCLAMATION REQUEST From: To: Date: Subject: Liz Martin Missy Stiadle 7/28/2005 10:24 AM Fwd: Family Day--A Day to Eat Dinner With Your Children COUNTY PROCLAMATION REQUEST fyi - until Doug & Dan reviews. »> Liz Martin 07/28/059:38 AM »> Frannie is in support of the county doing the attached resolution on September 26th. that some localities distribute discount coupons, air time on local radio stations, etc. if we can do any of this and your thoughts on it. The e-mail mentioned She would like to know Thanks »> "Vanessa Wu" <VWu@casacolumbia.org> 07/27/055:15 PM »> Dear County Official: In 2004, President George W. Bush, 42 states and more than 400 cities and counties across the nation issued proclamations declaring the fourth Monday in September as Family Day - A Day to Eat Dinner with Your Children. This year we respectfully request you to join the growing list of your colleagues who commemorate this special day by issuing a proclamation designating September 26, 2005 as Family Day. Research by The National Center on Addiction and Substance Abuse (CASA) at Columbia University has consistently found that the more often children eat dinner with their parents, the less likely they are to smoke, drink or use illegal drugs. Other research shows that teens who eat dinner with their families are likelier to do well in school, be emotionally content, have positive peer relationships and healthier eating habits, and be at lower risk for thoughts of suicide. In addition to issuing a proclamation, we hope you will host a Family Day event. In past years, localities such as The City of Williamsburg, Virginia celebrated and promoted Family Day by distributing coupons for discounts at 20 area restaurants, purchasing airtime on local radio stations to advertise Family Day and sending letters to area businesses asking them to promote Family Day with their employees. Westchester County, New York worked with its cable company to produce a local Family Day PSA, distributed information through schools and held a cooking demonstration and picnic. A sample proclamation is attached for your reference. Please send a copy of this ye¡ proclamation to CASA Family Day, 633 Third Avenue, 19th Floor, New York, NY 10017. more information about Family Day, please call me or Richard Mulieri, CASA's directc communications, at (212) 841-5260 or e-mail rmulieri@casacolumbia.org. Thank you fo] your continued support. Sincerely, file:/ /C:\Documents%20and%20Settings\Administrator\Local%20Settings\ Temp\GW} 000... 7/28/2005 Messag~ ,-,. ""'" Page 2 of3 '. Œ , II to_.~, cjY -- r /I Joseph A. Califano, Jr. Chairman and President The National Center on Addiction and Substance Abuse at Columbia University file:/ /C: \Documents%20and%20Settings\Administrator\Local %20Setti ngs\ Temp \G W} 000... 7/28/2005 \, ~ '-" AGENDA REOUEST ITEM NO.~ß Date: September 20, 2005 Regular [ ] Public Hearing [ X ] Consent [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Ordinance No. 05-032 MSBU Financial Hardship Assistance Program BACKGROUND: See C.A. No. 05-1536 FUNDS A V AIL. (State type & No. of transaction or N/A): MSBU Reserves 101001-4115-599300-400 RECOMMENDATION: Staff recommends approval of Ordinance No. 05-032. COMMISSION ACTION: CONCURRENCE: [X] APPROVED [] DENIED [ ] OTHER: Approved 5-0 /L rfõ'"uglas M. Anderson ---.. County Administrator County Attorney: Jr Coordination/Si!!natures Mgt. & Budget: Purchasing: Originating Dept.· M5ßu Cøor. ~ Other: Other: Finance (Check for Copy only, jf applicable): , " ~ ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 05-1536 DA TE: September 20, 2005 SUBJECT: Ordinance No. 05-032 MSBU Financial Hardship Assistance Program BACKGROUND: Chapter 1-13.5 of the St. Lucie County Code of Ordinances provides for the establishment of MSBUs and provides that the cost of such services may be paid in whole or in part from funds derived from specia] assessments levied within such units. Failure by a property owner to pay these special assessments wilJ cause a tax certificate to be issued against the property which may result in a loss of title. Ordinance No. 05-032 would establish a program of assistance to residents who are living at or below the poverty level and who may be at risk of losing title to their homes as a result of inability to pay the special assessments. Ordinance No. 05-032 also establishes a procedure for distribution of excess funds after debt service has been satisfied. It establishes a procedure fot distribution of credits upon completion of a project and approval of the Final Assessment Roll. It establishes a procedure for final adjudication and action for relief. It establishes that assessment boundaries may be non-contiguous. It allows that Board to combine the two public hearings required to establish an MSBD. It allows the Board to establish administrative procedures to effect the purpose and intent of Chapter 1-13.5. It also establishes that it shall be the owner's so]e responsibility to notify the County if the parcel or lot is not buildable. RECOMMENDATION/CONCLUSION: Staff recommends approval of Ordinance No. 05-032. Respectfully submitted, Heather Sperraz Lu Assistant County Attorney .{h Attachment HL/ Copies to: County Administrator MSBU Coordinator ~ 'will ORDINANCE NO. 05-032 AN ORDINANCE OF THE COUNTY OF ST. LUCIE COUNTY, FLORIDA, AMENDING CHAPTER 1-13 OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS AND AMENDING SECTION 1-13.5-1 TO PROVIDE THAT THE BOUNDARIEs OF AN MSTU OR MSBU MAY BE NON-CONTIGUOUS; AMENDING SECTION 1-13.5-3 TO PROVIDE THAT THE BOARD MAY ESTABLISH SUCH ADMINISTRATIVE PROCEDURES AS IT DEEMS APPROPRIATE OR NECESSARY TO EFFECT THE PURPOSE AND INTENT OF THIS CHAPTER; AMENDING SECTION 1-13.5-7 TO PROVIDE THAT IT SHALL ULTIMATELY BE THE OWNER'S SOLE RESPONSIBILITY TO NOTIFY THE COUNTY IF A PARCEL OR LOT IS NOT BUILDABLE; AMENDING SECTION 1- 13.5-7 TO PROVIDE FOR AN OPPORTUNITY TO OBJECT TO THE CREATION OF AN MSBU AND AN APPEAL PROCEDURE; AMENDING SECTION 1-13.5-7 TO PROVIDE THAT THE BOARD MAY COMBINE THE TWO PUBLIC HEARINGS; AMENDING SECTION 1-13.5-7 TO PROVIDE FOR THE DISTRIBUTION OF ANY CREDITS UPON COMPLETION OF THE PROJECT AND APPROVAL OF THE FINAL ASSESSMENT ROLL; AMENDING SECTION 1-13.5- 11 TO PROVIDE FOR THE DISTRIBUTION OF ANY EXCESS FUNDS AFTER DEBT SERVICE ON ANY BONDS ISSUED TO FUND THE PROJECT HAS BEEN PAID IN FULL; CREATING SECTION 1-13.5-16 OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS TO PROVIDE FOR THE ESTABLISHMENT OF A FINANCIAL HARDSHIP ASSISTANCE PROGRAM TO ASSIST IMPOVERISHED OWNERS OF REAL PROPERTY WITH THE PAYMENT OF SPECIAL ASSESSMENTS IMPOSED WITHIN THE BOUNDARIES OF CERTAIN MUNICIPAL SERVICE BENEFIT UNITS; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR ADOPTION: AND PROVIDING FOR CODIFICATION. WHEREAS, THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA HAS MADE THE FOLLOWING DETERMINATIONS: Stf~d( tl.l ðu~k passages are deleted. Underlined passages are added. '--' ..." (a) Chapter 1-13.5 of the St. Lucie County Code of Ordinances (the "Code") provides for the establishment of municipal service benefit units C' MSBU") in unincorporated areas of St. Lucie County (the "County") for the purpose of providing water, road. drainage and waste and sewage collection and disposal and other essential facilities and services. (b) Chapter 1-13.5 further provides that the cost of such services may be paid in whole or in part from funds derived from special assessments levied within such units. and that the special assessments may be collected in the manner provided for ad valorem taxes pursuant to Chapter 197, Florida Statutes. (c) Failure by a property owner to pay special assessments collected pursuant to Chapter 197, Florida Statutes, will cause a tax certificate to be issued against the property which may result in a loss of title. (d) The Board of County Commissioners of St. Lucie County (the "Board") wishes to provide a program of assistance to unincorporated County residents who are living at or below the poverty level and who may be at risk of losing title to their homes as a result of inability to pay the special assessments imposed against their property. (e) The Board wishes to establish as procedure for distribution of excess funds after debt service has been satisfied. (f) The Board wishes to establish a procedure for distribution of credits upon completion of the project and approval of the Final Assessment Roll. (g) The Board wishes to establish a procedure for final adjudication and action for relief. (h) The Board wishes to establish that the assessment boundaries may be non- contiguous. (i) The Board wishes to have the ability to combine the two public hearings. U) The Board wishes to have the ability to establish administrative procedures to effect the purpose and intent of this chapter. (k) The Board wishes to establish that it shall ultimately be the owner's sole responsibility to notify the County if the parcel or lot is not buildable. Strud\ through passages are deleted. Underlined passages are added. 2 '-' ..." NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Chapter 1-13 of the St. Lucie County Code and Compiled Laws is hereby amended to read: Sec. 1-13.5-1. Creation--Authorized. Pursuant to Chapter 125, Part I, Florida Statutes, and other applicable provisions of law, municipal service taxing units ("MSTU") or municipal service benefit units (" MSBU") may be established in unincorporated areas of the county under the provisions of this chapter for the purpose of providing fire protection, law enforcement, beach erosion control, recreation services and facilities, water, streets and roads. sidewalks, garbage and trash collection and disposal, waste and sewage collection and disposal, drainage, transportation, and other essential facilities and services. The cost of these improvements or services may be paid in whole or in part from funds derived from fees, service charges, special assessments, or taxes or other charges levied within such units and the cost of the improvements may also be paid in whole or in part from the proceeds of bonds issued for such purposes. Subject to the consent by ordinance of the governing body of the affected municipality given either annually or for a term of years, the boundaries of an MSTU or MSBU may include all or part of a municipality, The boundaries of an MSTU or MSBU may be non-contiguous. Sec. 1-13.5-2. Governing body of municipal service taxing or benefit units. The board of county commissioners of St. Lucie County (the "board") shall be deemed to be the governing body of each taxing or benefit unit created pursuant to this chapter. References to the board of county commissioners or to municipal service taxing or benefit units herein shall be deemed to include both, as appropriate. Sec. 1-13.5-3. Powers of taxing or benefit units. (a) Each of the taxing or benefit units created pursuant to this chapter shall have the power to levy and collect ad valorem taxes and special assessments, to set and collect rates, fees, and charges, to contract, to borrow and expend funds, to issue bonds, certificates of indebtedness, revenue certificates, and other obligations or indebtedness, and to exercise any other power as may be granted by general or special law. Each taxing or benefit unit is authorized to enter into contracts with private persons or firms or with municipalities, counties and other units of government for the purpose of providing the taxing or benefit unit with any or all of the services the unit is established to provide. The county, acting through Stfud( tkFðl:l~k passages are deleted. Underlined passages are added. 3 '-' ..." its board of county commissioners, may exercise the foregoing powers on behalf of any MSBU or MSTU created hereunder. (b) The board may provide for the payment of a part or all of the costs of constructing and operating any improvements or the provision of services under this chapter by levying and collecting special assessments on the abutting, adjoining, contiguous or other property specially benefitted by the improvements or services provided herein and by issuing bonds payable from the proceeds of such assessments. (c) Special assessments against property deemed to be benefitted by improvements or service as provided in this chapter shall be assessed upon the property specially benefitted by the improvement or service in proportion to the special benefits to be determined and prorated according to the foot frontage or square footage of the respective properties specially benefitted by said improvement or service, according to the equivalent residential unit or trip generation method, or according to such other lawful method, including ad valorem valuation and service charges, as the board may prescribe by resolution. {Q) The Board may establish such administrative procedures as it deems appropriate or necessary to effect the purpose and intent of this chapter. Sec. 1-13.5-4. Budget adoption--Taxing units. Each year any taxing unit created pursuant to this chapter shall adopt an annual budget according to the requirements of Chapter 129, Florida Statutes. The board of county commissioners of St. Lucie County thereafter may cause such millage to be levied against all lawfully taxable property within said unit as is sufficient to raise the budget. All funds so raised shall be used solely for the expenses of the taxing unit. Proper accounts and records shall be kept at all times. Sec. 1-13.5-5. Creation of units. (a) The board of county commissioners, upon its own motion or upon written petition by a majority of the affected property owners, shall determine whether creation of a proposed municipal service taxing or benefit unit may be of benefit to the residents of and/or the real and personal property located within the boundaries of such proposed unit. (b) Property owners, as referred to in this chapter, shall include any persons, firm, partnership, corporation, trust, or other legal entity holding title to any property which would be liable for special assessments hereunder if said special assessment were made. The Struá threugh passages are deleted. Underlined passages are added. 4 '-" ""'" requirements for a majority of such property owners, as provided below, shall mean no less than (a) fifty-one (51) per cent of the owners in number and, where the assessment against each owner is substantially equal or, (b) the owners of lands liable for fifty-one (51) per cent of the assessment where the proposed assessment against each owner is not substantially equal. For purposes of this section, substantially equal means a variance between the highest and lowest assessment of not more than twenty (20) per cent. (c) The board of county commissioners, at its option, may place a question concerning the creation of a proposed municipal service taxing or benefit unit on the ballot at any primary election, general election or otherwise called special election as provided by general law, to obtain an expression from qualified electors residing within the proposed unit , as to whether the proposed unit should be created. The cost of the election shall be added to the cost of the improvements or services in the event the board determines to create the proposed taxing or benefit unit. Provided, however, the results of any election held pursuant to this section are not binding on the board. (d) Initial petition. Property owners may petition the board for the county engineer to provide a preliminary estimate of the cost of construction of requested improvements or the cost of requested services under the provisions of this chapter. The county engineer shall provide the petition form to any interested person. Signatures on the petition and the fact of execution by a majority of such property owners shall be verified by the county engineer upon the basis of information in the public records. Property owners may withdraw their names from the petition by providing the county engineer with written notice of such withdrawal at any time prior to the initial public hearing, provided, however, as set forth in section 1-13.5-5 of this Code, the board may create a municipal services taxing or benefit unit on its own motion without the concurrence of fifty-one (51) per cent of the property owners. (e) Petition form. The form of petition referred to herein shall be approved by the county attorney as to legal form and sufficiency and shall require (i) a description of the proposed improvements or services and (ii) a statement that the petitioners (a) request that the improvements be constructed or that the services be provided (b) recognize that the determination of special assessments will be made by the board at a public hearing (c) agree to be assessed for the actual cost for construction of the improvements or provisions of services, including allowable administrative and other incidental costs connected therewith, in an amount not to exceed the maximum allowed by this chapter and (d) agree to be assessed for the costs of preparing the plans, specifications, and cost estimates required for the project in the event the project is not approved. Strl:l<:!t threugh passages are deleted. Underlined passages are added. 5 ~ 'WI (f) Priority of petitions and record keeping. Petitions shall be numbered in the order in which they are received. The county engineer shall maintain a tabulation of numbered petitions along with the dates of filing, hearings. preliminary estimates and the final cost. Sec. 1-13.5-6. Procedure for creation of municipal service taxing units. (a) Public hearing. Prior to creating a municipal service taxing unit, the board shall hold a public hearing. Notice of the public hearing shall be published twice in a daily newspaper of general circulation in St. Lucie County, once not less than twenty-one (21) days and once no more than seven (7) days before the date of such public hearing. The notice shall include a brief description of the unit, the proposed action to be taken by the board, and the time, date and place of the hearing. The board may, at the board's option, determine to mail an additional notice to affected property owners prior to the public hearing. (b) Resolution creating taxing unit. If the board finds, at the advertised public hearing, that creation of such unit would be in the public interest, it shall adopt a resolution providing for the creation of the unit. The resolution shall set forth the following: (1) The name or designation by which the unit shall be known. (2) The boundaries of the unit. (3) The services to be provided or improvements to be constructed in the unit. Sec. 1-13.5-7. Procedure for creation of municipal service benefit units. (a) Initial hearing. Upon receipt of a petition that complies with this chapter to create a MSBU, the county engineer shall submit the petition to the board and shall request permission to advertise an initial public hearing to determine (i) the need for the proposed project, (ii) the percentage of public and private benefits and (iii) the method of assessment. Notice of the initial public hearing shall be published twice in a daily newspaper of general circulation in the county once not less than twenty-one (21) days and once not more than seven (7) days before the date of such public hearing, In addition, notice shall be mailed to the record title holder of any property to be specially assessed at least fourteen (14) days prior to the date of the public hearing. The mailed notice shall include a brief description of the project, the proposed action to be taken by the board and the time, date, and place of the hearing. The published notice shall include the same information and shall also include a map showing the specially benefitted property. An initial public hearing is not required if the board Struck tMreugM passages are deleted. Underlined passages are added. 6 '-' ,.." determines on its own motion to direct the county engineer to prepare a report as set out below. At the time set for the initial public hearing, the board shall hear all interested persons and shall make an initial determination as to whether (i) the project is in the best interest of the health, safety and/or welfare of the county and, if so, (ii) the percentage of public and private benefits which will result from the proposed improvements or services, and (iii) the method to be used in assessing specially benefitted property. That percentage of the benefits of the improvements or services which the board finds accrues to the public shall be the percentage of the cost of improvements or services borne by the county. Upon making the above determinations, the board shall adopt a resolution creating the unit and authorizing the county engineer to proceed with the project as hereinafter provided. The board may, upon its own motion, direct the county engineer to prepare a report for specified improvements or services even though no petition of property owners has been presented or the majority ownership condition is not met. The resolution shall contain findings by the board (i) that the improvements or services would be of benefit to the real and personal property within the boundaries of the proposed unit, (ii) that the cost of providing such improvements or services is not expected to be in excess of the benefit gained, and (iii) that the creation of such unit would be in the public interest. In addition to such findings, the resolution shall set forth the following: (1) The name or designation by which the unit shall be known. (2) The boundaries of the unit. (3) The improvements or services to be provided in the unit. (4) The method of assessment approved by the board. (Q) The County will make its best efforts to determine whether a parcel or lot is buildable. However, it shall ultimately be the owner's sole responsibility to notify the County if the determination may be in error. (b £) Project report and preliminary assessment roll. Upon receiving authorization to proceed with the project, the county engineer shall prepare a report, accompanied by a map and other pertinent data, setting forth: (1) The boundaries of the proposed benefit unit and recommendations as to any territory within such boundaries which should be excluded from the unit because of the disproportionate cost of providing the improvements or services requested for such territory or for any other reason. StrLJdI t¡"rðl;~¡" passages are deleted. Underlined passages are added. 7 '-' 'wi (2) The location or locations of any improvements to be acquired, leased or installed, all of which shall be constructed to county standards. (3) An estimate of the cost of such improvements. (4) An estimate of the annual expense of operating any such improvements and providing such services. (5) An estimate of fees, direct charges, engineering costs and administrative costs. (6) A list of specially affected property owners and the status of any petitions. (7) A preliminary assessment roll which will indicate the tentative assessment for each parcel within the proposed MSBU necessary to finance the improvements or services. (e Q) Information meeting. Thereafter, if the board so directs, all specially benefitted property owners shall be notified of an informal meeting with the county engineer, at which the county engineer will explain the proposed improvements or services, the tentative assessment to each property, and the procedure thereafter to be followed. Other necessary county personnel will attend said meeting as directed by the board. The notification required to be given for such meeting to be held by the county engineer shall consist of a notice published in a local newspaper of general circulation in St. Lucie County. Said publication shall be made once at least ten (10) days before the informational meeting date. An additional courtesy notice of the county engineer shall also be mailed to each property owner, by regular mail, no less than ten (10) days prior to the informational meeting date. The mailed notice shall be based on names and addresses found in the records of the property appraiser or from such other sources the county engineer deems reliable. The mailed notice shall include the property owners' tentative assessment applicable to the property to be assessed, provided, however, that in lieu of an informational meeting, the county engineer may distribute by regular mail, a comprehensive and detailed explanation of the proposed improvements or services and the reasons why same are necessary. (d g) Second public hearing. Upon completion of the preparation of the report and preliminary assessment roll, the county engineer shall request from the board permission to advertise a public hearing thereon. Provided, however, that the board at any time, in its sole discretion, may determine not to proceed with the improvements or services. Struck thrðugh passages are deleted. Underlined passages are added. 8 '-' .J Prior to the public hearing, the county engineer shall notice the hearing byfirst- class mail and by publication in a daily newspaper of general circulation within St. Lucie County. Addresses for mailed notices shall be obtained by the county engineer from the records of the property appraiser or from other sources as the county engineer deems reliable. The notice by mail shall be sent at least twenty-five (25) days prior to the public hearing to each person owning property within the proposed MSBU and shall include (i) the purpose of the assessment, (ii) the total amount to be levied against each parcel, (iii) the unit of measurement to be applied against each parcel to determine the assessment, (iv) the number of such units contained within such parcel, (v) the total revenue to be collected by the special assessment, (vi) a statement that all affected property owners have a right to appear at the hearing and to file written objections with the board within twenty (20) days of the date of the notice, and (vii) the date, time and place of the hearing. If the board chooses to collect the special assessment pursuant to Sections 197.3632 and 197.3635as provided for in section 1-13.5-11(i) of this chapter, the mailed notice shall also provide a statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title. The published notice shall be published twice in a daily newspaper of general circulation in St. Lucie County, once not less than twenty-one (21) days and once not more than seven (7) days before the date of such public hearing. The published notice shall include (i) a brief description of the project, (ii) a geographic depiction of the property subject to the assessment, (iii) the proposed action to be taken by the board, (iv) the time, date and place of the hearing, and (v) statement that all affected property owners have a right to appear at the hearing and to file written objections with the board within twenty (20) days of the publication of the notice. If the board chooses to collect the special assessment pursuant to Sections 197.3632 and 197.3635 as provided for in section 1-13.5-11(i) of this chapter, the published notice shall also provide a statement that the assessment shall be collected by the tax collector and include a proposed schedule of the assessment. At the public hearing the owners of the property to be assessed or any other persons interested may appear before the board and be heard as to the propriety and advisability of making such improvements or providing such services, as to the costs thereof, as to the manner of payment thereof, and as to the amount thereof to be specially assessed against each property so improved. At the public hearing the county engineer shall also present to the board the preliminary assessment roll. The assessment roll shall show (i) the lots and lands assessed, (ii) the amount of the benefit to and the assessment against each lot or parcel of land, and (iii) if said special assessment be paid in installments, (a) the number of annual installments into which the special assessment may be divided which shall not exceed thirty (30), and (b) whether the assessment shall be payable in equal installments of principal to which interest shall be added or equal installments of principal and interest shall also be entered and shown upon said assessment roll. 5trl:là through passages are deleted. Underlined passages are added, 9 '-' 'wi At the time and place named in the published notice. or to which and adjournment may be taken. the Board shall receive any ob jections of interested persons and may then. or thereafter. repeal or confirm the resolution. with such amendments. if any. as may be desired by the Board which do not change the location of the improvement or improvements. nor increase the estimated and probable cost thereof. Any ob iections not made at the hearing shall be considered as waived and if any objections made shall be overruled and not sustained, the confirmation of the resolution shall be construed to be the final adjudication of the issues presented unless action for relief shall be filed by the objector or objectors to such confirmation in a court of competent iurisdiction within thirty (30) days from the date of such confirmation. At the time and place named in the notice of public hearing, the board shall also meet as an equalizing board to hear and consider any and all complaints as to such special assessments and shall adjust and equalize the assessments on the basis of just and right. When equalized and approved by resolution of the board, the assessments as shown in the preliminary roll, as adjusted, shall stand affirmed and constitute a legal, valid and binding lien, coequal with other liens for county taxes, upon the property against which such assessment is made, from the time of adoption of the resolution at the initial public hearing as provided in subsection (a) above, until paid; provided, however, that upon completion of the improvements the board shall credit to each of said assessments the difference in the assessment as originally made. approved and confirmed above and the proportionate part of the actual costs of said improvement to be paid by special assessment as finally determined upon completion of said improvement; provided that in no event shall the final assessments exceed by more than ten (10) per cent the amount originally assessed by the board without a further public hearing. Promptly after the confirmation of the assessments. the assessments shall be recorded by the clerk of the board in a special book to be known as the "improvements lien book", and the record of the lien in said book shall constitute prima facie evidence of its validity. Notwithstanding the above, a copy of the resolution referred to above shall be recorded in the official records of the clerk of the circuit court of St. Lucie County so as to facilitate knowledge thereof by third parties. However, if the board chooses to collect the special assessment pursuant to Sections 197.3632 and 197.3635 as provided for in section 1-13.5-11(i) of this chapter, such recording shall not be required. The resolution approving the preliminary assessment roll, as equalized, shall (i) state the nature of the proposed improvements or services, (ii) designate the areas to be so improved or served, (iii) state the method in which said assessments shall be made, (iv) state when the assessments are to be paid, and (v) state that pursuant to Section 197.3632, Florida Statutes, notices of the public hearing have been sent by first-class mail to each person owning property subject to the assessment as set forth in an attached affidavit executed by Struel\ thrôl:Igh passages are deleted. Underlined passages are added. 10 '-' ~ the county engineer or his designee. The resolution shall also (i) designate the lands upon which the special assessment shall be levied and (ii) state the total estimated costs of the improvement or annual cost of the services. The estimated costs shall include, but not necessarily be limited to, an estimate of construction costs, right-of-way costs, borrowing costs and consultant fees, permit fees, the cost of preliminary and other surveys, inspections, and superintendence of the work, the preparation of the plans and specifications and the estimate, the printing, mailing, and publishing of notices and proceedings, the preparation of certificates, bonds, the costs of collection of assessments, including discounts for prepayment and/or early payment, administrative costs and any other expense necessary or proper to any of the foregoing. ill The Board of County Commissioners may combine the two public hearings. (g) Upon completion of the pro iect and approval of the Final Assessment Roll, any credits due shall be credited and/or paid to the owner of record as defined by the Property Appraiser's current tax roll as follows: (i)if the assessment amount has been paid in full. the owner shall receive a monetary refund if the minimum amount of refund exceeds twenty-five dollars ($25.00). or ii) if the assessment has not been paid. a) refund shall be used to lower the assessment amount either by reducing the assessment amount and adjust the annual payment amount. or b) to be applied to redeem bonds. or c) as determined by the Board. Sec. 1-13.5-8. Proceedings by county engineer subsequent to hearing. Upon receiving authorization to proceed as provided for herein, the county engineer may publish requests for proposals for engineering services to prepare the plans, specifications and cost estimate for the project and the budget officer/purchasing agent may publish requests for bids for construction and financing of the project pursuant to the plans and specifications. Sec. 1-13.5-9. Contracts. After the adoption of the resolution approving the preliminary assessment roll as provided in section 1-13.5 -7(g), above, the board shall enter into such contracts and agreements with such companies, municipalities and special districts as the board may determine are necessary to provide the improvements or services for which each unit authorized by this chapter was created. Str~d( tkre~!!h passages are deleted. Underlined passages are added. 11 '-" ..,J Sec. 1-13.5-10. Annual municipal services taxing unit taxes. In each year, before the levy of county taxes, the board shall determine the amount required in the following fiscal year, in addition to the funds then available and to become available for such purposes, to pay the expenses of furnishing the improvements or services for which each municipal services taxing unit authorized by this chapter was created, and the amount so determined shall be specially levied upon all lawfully taxable property within the unit. Such taxes shall be extended and collected at the same time and in the same manner as county taxes are levied and collected, and shall have the same priority rights, bear interest, be subject to penalties, and be treated the same as county taxes. except that, in accordance with the second sentence of Article VII, Section 9(b), Florida Constitution, such taxes shall be levied within the limits fixed for municipal purposes except that, in accordance with the second sentence of Article VII, Section 9(b), Florida Constitution, such assessments shall be levied within the limits fixed for municipal purposes. The proceeds of such taxes shall, when collected, be deposited and applied only to the purpose or purposes for which they are levied. Sec. 1-13.5-11. Special assessments; collection. (a) Priority of lien, interest, method of payment of special assessments. The special assessments shall be payable at the time and in the manner stipulated in the resolution providing for said improvements or services. The assessments shall bear interest at a rate not to exceed the maximum rate permitted by law for such assessments from (i) the date of approval of the resolution provided for in subsection 1-13.5-7(d) above or (ii) such other date as may be fixed by the board, and may be made payable in annual installments as determined by the board, if installments are allowed by the board, to which installments. if not paid when due there shall be added a penalty at the rate of one (1) per cent per month upon the due but unpaid principal portion of the installment(s), until paid; provided that said assessments may be paid without interest or additional amount at any time within thirty (30) days after (i) the adoption of the resolution approving the preliminary assessment roll as provided in subsection 1-13.5-7(d) above or (ii) such other time as may be specified by the board. The special assessment shall be payable at the St. Lucie County Finance Department or the St. Lucie County tax collector as provided by the board. (b) Valid assessment to be made. If any special assessment made under the provisions of this chapter to defray part of the expense of any improvement made or services provided hereunder shall be either in whole or part vacated or set aside by the judgment of any court or the board shall be satisfied that any such assessment is so irregular or defective that the same cannot be enforced or collected or if the board shall have omitted to make such assessment when it might have done so, the board shall take all necessary steps to cause a Stnld( till (\~gk passages are deleted. Underlined passages are added. 12 "-' ..."I new assessment to be made for any improvement or service and against any property specially benefitted by such improvement or service following as nearly as may be the provisions of this chapter. In case such second assessment shall be likewise invalid, the board may obtain and make other assessments until a valid assessment shall be made. (c) Certificate of indebtedness. At the termination of said thirty-day period for payment of such special assessments, the clerk of the board may prepare separate certificates of indebtedness against each lot, parcel or tract of land for which an assessment remains unpaid; and such separate certificate of indebtedness shall contain a description of the land together with the total amount of the assessment which shall be the amount assessed plus the cost of recordation of said certificate and recordation of satisfaction or cancellation thereof together with a statement of the general nature of the improvement or service for which the assessment has been made, the date thereof, the name of the fee simple owner of record and such further information pertaining thereto as the board may determine. The said certificate shall be payable to the County of St. Lucie or any proper assignee or assignees thereof. Any assignment of certificate must appear on the certificate itself and also upon the books of the County of St. Lucie for such assignment to be legal and binding. The certificate shall bear interest at a rate not greater than the maximum rate permitted by law for such assessments, as may be determined by the board and shall be payable annually from date thereof, in equal and annual installments of principal, together with interest accrued upon the principal remaining outstanding and unpaid, in equal annual installments, the number of installments, if any, to be determined by the board, provided, however, that any certificate may be paid at any time by payment of the total unpaid principal thereof together with interest computed to the date of payment. (d) Issuance of certificates of indebtedness. The certificates, when issued, shall be signed by the chairman of the board of county commissioners of St. Lucie County, or in the event of his absence or other incapacity, by the vice-chairman of the board and signed by the clerk of the circuit court of St. Lucie County as the clerk, and as clerk of said board, or, in the event of his absence, by an assistant clerk. The seal of said clerk shall be affixed thereto. The signature of the chairman or vice-chairman shall be acknowledged before a notary public for the State of Florida and upon which acknowledgement of the same shall be entitled to being recorded in the office of the clerk of the circuit court of St. Lucie County, Florida. Any notary duly commissioned by the State of Florida may take and certify such acknowledgment to be made by the chairman or vice-chairman; and in this respect, the clerk or assistant clerk, if such person be a duly commissioned notary public may take and certify such acknowledgment for which the clerk or assistant clerk shall receive no compensation other than the compensation which may be paid to him in his capacity as clerk or assistant clerk. Stpud( thrôl:lg¡" passages al"e deleted. Underlined passages al"e added. 13 '-' 'WI (e) Alternate method of financing improvements. As an alternative to issuing certificates of indebtedness as set out in subsections (c) and (d) above, the board may, as a means of financing improvements, (i) enter into loan agreements with local financing institutions to pledge the revenues from the special assessments, or (ii) issue bonds, in the manner provided by ordinance, secured by the proceeds of the special assessment. Where bonds are issued secured by the proceeds of special assessments, to the unpaid principal of the assessments may be added (a) interest at a rate not to exceed one (1) per cent in excess of the interest rate on the bonds and (b) such amounts as are necessary to pay (i) the fees and expenses of the tax collector and property appraiser in connection therewith and (ii) to allow for discounts for early payment of assessments collected pursuant to Chapter 197.3632, Florida Statutes. (f) Default on special assessment. Failure to pay any installment of principal or interest or any part thereof when the same shall become due and payable, shall cause, w'ithout notice or other proceedings, all installments of principal then remaining unpaid to be immediately due and payable. and may subject the property to which assessment relates to foreclosure. The County of St. Lucie or the holder of the certificate may proceed to enforce the lien of such assessment as hereinafter provided or may cause the amount of such assessment to be paid from other funds or sources in the discretion of the board. Immediately upon default in any payment an additional lien for the cost of enforcement thereof, including court costs, abstract costs and reasonable attorneys' fees shall accrue and mature. Enforcement of such assessments may be by suit in equity brought in accordance with the Florida Rules of Civil Procedure or by any other lawful legal process or procedure then available for enforcement pursuant to the laws of the State of Florida. In any event, the final decree or judgment shall include the amount of principal remaining due and unpaid upon such assessment, together with any interest accrued thereon, and, if bonds secured by such assessment are outstanding, interest and redemption premium, if any, to accrue on such bonds to the earliest date in which such bonds may be called for redemption, together with all costs including abstract fees and attorneys' fees as aforesaid. The foreclosure proceeding brought hereunder shall be prosecuted to a sale and conveyance of the property involved in said proceedings as provided by law in suits to foreclosure mortgages. (g) Assessment roll sufficient evidence. Any informality or irregularity in the proceedings in connection with the levy of any special assessment under the provisions of this chapter shall not effect the validity of the same where the assessment roll has been confirmed by the board. The assessment roll as finally approved and confirmed shall be competent and sufficient evidence that the assessment was duly levied, that the assessment was duly made and adopted, and that all other proceedings adequate to the adoption of the said assessment roll were duly had, taken and performed as required by this chapter. No Strt:l~l( thrsl:Jgh passages are deleted. Underlined passages are added. 14 ....... ...J' variance from the directions of this chapter shall be held material unless it be clearly shown that the party objecting was materially injured thereby. (h) Payments. Billing, receiving and accounting for the payment of assessments shall be the responsibility of the clerk of the circuit court or the St. Lucie County tax collector as provided by the board. A record of payments and balances shall be kept for each property assessed. A tabulation of accounts shall be provided by the clerk of the circuit court or the St. Lucie County tax collector. (i) Optional method of collecting special assessment. As an alternative method of collecting special assessments to that specified above, the board may, pursuant to the provisions of sections 197.3632 and 197.3635, Florida Statutes, as amended, use the uniform method of collecting special assessments specified in those sections. For the purposes of determining the amount of the special assessment lien in disbursing the proceeds from tax sale deeds, the lien of record against any property shall be deemed to be the amount as shown in the resolution referred to in section 1-13.5-7(h). reduced by the amount of any principal therefore paid and increased by the amount of any interest and cost of collection if delinquent. If any assessment is paid in part, but not in full, such partial payment shall reduce the total principal amount of assessments due but shall not reduce the annual payments (except for the final payment) due on such assessments or postpone the due date for the next scheduled payment of assessments after such partial payment. 1 After debt service on any bonds issued to fund the pro iect has been paid in full any excess funds shall be disbursed in the following manner: 1) revert to the County and be deposited into MSBU Reserve Fund for any special assessment use as determined by the Board. or: 2) refunded to the owner of record. as defined by the Property Appraiser's current tax roll. if the minimum refund amount of at least twenty-five dollars ($25.00) per parcel. so long as the total amount collected does not exceed the final assessment amount. including interest. as defined by the Final Assessment Roll. Sec. 1-13.5-12. County authorized to advance necessary expenses. To accomplish the purposes of this chapter, the board is authorized and empowered to appropriate and advance from its general fund the moneys to pay necessary expenses prior to the creation of any unit and the receipt of unit funds. After any unit is created, the moneys so advanced shall be repaid to the general fund from unit funds. Any moneys So advanced and expended toward the creation of any unit but resulting in such unit not being created shall be a county expense. The appropriation and expenditure of funds under this section is a county purpose. StPl:IE!( thl'"ðUgh passages are deleted. Underlined passages are added. 15 ........ 'WI Sec. 1-13.5-13. Provisions supplemental. This chapter shall be deemed to provide a supplemental, additional and alternative method of procedure for the benefit of the cOLJnty and shall not apply to improvements done pursuant to any other law. Sec. 1-13.5-14. Notice of intent to issue bonds. Prior to the issuance of any bonds, certificates or other obligations (the "bonds"), pursuant to this chapter, the board may, in its discretion, publish a notice at least once in a daily newspaper of general circulation in the county, stating (i) the date of adoption of the resolution authorizing the bonds, (ii) the amount, maximum rate of interest and maturity of the bonds, (iii) the purposes in general terms for which the bonds are to be issued, (iv) the name of the municipal services benefit unit or municipal services taxing unit (the "unit") created to levy an assessment or tax to repay the bonds, and further stating that any action or proceeding questioning the validity of the bonds, or of the proceedings authorizing the issuance thereof, or of any covenants made therein, or questioning creation of the unit, must be instituted within twenty (20) days after the publication of such notice, or the validity of the bonds, the proceedings authorizing the issuance thereof, the covenants made therein, and the creation of the unit shall not be thereafter questioned in any court whatsoever. If no such action or proceeding is instituted within twenty (20) days of the publication of the notice described above, then the validity of the bonds, the proceedings authorizing the issuance thereof, the covenants made therein, and the creation of the unit, shall be conclusive and all persons or parties whatsoever shall be forever barred from questioning these matters in any court whatsoever. This procedure is supplemental and in addition to any other procedure available to the board to establish the validity of bonds issued or units created pursuant to this chapter and the failure by the board to institute this procedure shall not affect the validity of such bonds or units. Sec. 1-13.5 -15. Dissolution of units. A municipal services taxing unit or municipal services benefit unit created pursuant to this chapter may be dissolved by resolution of the governing body of the unit provided that no such unit may be dissolved unless all indebtedness secured by the proceeds of taxes or special assessments levied by the units is paid off or unless there is otherwise full compliance with the terms, conditions or covenants of the document(s) or note which established the indebtedness. Strud< through passages are deleted. Underlined passages are added. 16 '~ ...., Section 1-13.5-16 Financial Hardship Assistance Program. fill.. The Board of County Commissioners is hereby authorized to implement by resolution a financial hardship assistance program in order to provide financial assistance for those real property owners in unincorporated St. Lucie County living at or below poverty levels whose real property is subject to special assessments imposed under the provisions of this chapter. Such resolution shall set forth guidelines, application criteria. and other procedural requirements necessary for administration of the program. The expenditure of County funds for administration of a financial hardship assistance program is hereby authorized. provided that such expenditures shall consist solely of. and be entirely contingent upon the existence of . legally available funds other than special assessments imposed and collected by the County. At the Board's sole discretion. the financial hardship assistance contemplated by this Section may take the form of (j) direct payment by the County of the special assessment or some portion thereof. otherwise due from the applicant property owner, (ii) a deferral of such special assessment. or portion thereof. until such time or event as provided for in the resolution, or (iii) any other form deemed appropriate by the Board which provides for the full funding of any underlying bonds debt or obligations of the county. LQl In its sole discretion. the Board shall on an annual basis determine and designate the funds available to fulfill the purpose of this section. The provision of financial hardship assistance in anyone year shall in no way establish a right or entitlement to such assistance in any subsequent year and the provision of funds in any year may be limited to the extent funds are available and appropriated by the Board of County Commissioners. 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. 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 D. EFFECTIVE DATE This Ordinance shall take effect upon October 1, 2005. Strl:lt!( tl ,rau~'" passages are deleted. Underlined passages are added. 17 "-' ...., PART E. ADOPTION After motion and second, the vote on this ordinance 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 PART F. 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 to 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 G: \A TTY\ORDNANCE\2005\05-032.wpd Struck thr6ugR passages are deleted. Underlined passages are added. 18 \. To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: o APPROVED o OTHER Approved 5-0 County Attorney Originating Dept.: Finance: '-'" ...., Agenda Request 5C 09/20105 Item Number Date: Consent Regular Public Hearing Leg. [ ] [ ] [ ] [X] Quasi-JD [ X ] Board of County Commissioners Growth Management D DENIED /-P pr,::u:::øntørl R\I -. ----:1 ~ Assistant County Administrator Consider Draft Resolution 05-153 granting approval to the petition of Florida Atlantic University and Harbor Branch Oceanographic Institute for a Change in Zoning from the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District to the PMUD (Planned Mixed Use Development - Harbor Branch) Zoning District and Final Planned Development Site Plan approval for the project to be known as FAU/HBOI - Marine Science Partnership. _-1 ~ ~ Florida Atlantic University and Harbor Branch Oceanographic Institute have submitted a Final Planned Mixed Use Development Site Plan for property located on the west side of Old Dixie Highway, approximately 1/3 mile north of the Harbor Branch Visitors' Center. The purpose of the project is to develop the site for square foot research and development center. N/A N/A Staff recommends approval of Draft Resolution 05-153 approving the request for a Change in Zoning from the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District to the PMUD (Planned Mixed Use Development - Harbor Branch) Zoning District and Final Planned Development Site Plan approval for the project to be known as FAU/HBOI - Marine Science Partnership. tR~ ~OUglaS M. Anderson County Administrator Coordinationl Signatures Mgt. & Budget: 2Qo ether: V~ ~ Purchasing: Other: ....... '-' .."", Commission Review: September 20, 2005 ~ .. .. .-0"-' ',_. . .. II!! GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners FROM: Assistant County Administrator DATE: September 14, 2005 SUBJECT: Application of Florida Atlantic University and Harbor Branch Oceanographic Institute for a Change in Zoning from the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District to the PMUD (Planned Mixed Use Development - Harbor Branch) Zoning District and Final Planned Development Site Plan approval for the project to be known as FAUlHBOI - Marine Science Partnership. Florida Atlantic University and Harbor Branch Oceanographic Institute have submitted a Final Planned Mixed Use Development site plan for property located on the west side of Old Dixie Highway, approximately 1/3 mile north of the Harbor Branch Visitors' Center. FAU and Harbor Branch are proposing the development of this parcel for a research and educational facility consisting of 17,736 square feet of lab space, 8,641 square feet of office space, and 14,454 square feet of support space for a total of 40,831 square feet of space. The primary focus of the project will be research. Staff recommends approval of Draft Resolution 05-153 approving the petitioner's request for Final Planned Mixed Use Development for the research and educational facility to be known as FAUlHBOI - Marine Science Partnership. Attached is a copy of Draft Resolution 05-153, which, if approved, would grant the requested planned development site plan, subject to the following conditions: 1. Prior to issuance of the Certificate of Occupancy (CO) for the proposed project, the petitioner, his successors or assigns, shall convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, the east 30 feet of the parcel, for the future widening of Old Dixie Highway. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 2. Prior to issuance of the Certificate of Occupancy (CO) for the proposed project, the petitioner, his successors or assigns, shall construct a left turn lane for the proposed project on Old Dixie Highway. · '-' ""'" September 14, 2005 Page 2 Subject: FAUfHBOI - Marine Science Partnership Final PMUD 3. Prior to issuance of the Certificate of Occupancy (CO) for the proposed project, the petitioner, his successors or assigns, shall construct a 6-foot wide sidewalk along the project's frontage on St. Lucie Boulevard. 4. Prior to issuance of the Certificate of Occupancy (CO) for the proposed project. the petitioner, his successors or assigns, shall coordinate with the St. Lucie County Fire District in regard to the placement of fire hydrants for the proposed project. Please contact this office if you have any questions on this matter. SUBMITTED: -- .--- ~ ----::::' ( -"""" . Faye Outlaw Assistant County Administrator ~ hf cc: Jose Bofill- Per1dns & Will AI Broduer, Thomas Lucido & Associates, Inc. File '-' ""'" 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 RESOLUTION 05-153 FILE NO.: BCC..oS-003IPUD-04-040 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE RM-5 (RESIDENTIAL, MULTIPLE-FAMILY - 5 DU/ACRE) ZONING DISTRICT TO THE PMUD (PLANNED MIXED USE DEVELOPMENT - HARBOR BRANCH) ZONING DISTRICT FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA AND FINAL PLANNED DEVELOPMENT SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS FAUlHBOI - MARINE SCIENCE PARTNERSHIP - PMUD WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Florida Atlantic University and Harbor Branch Oceanographic Institute, are proposing the development of a research and educational facility consisting of 17,736 square feet of lab space, 8,641 square feet of office space, and 14,454 square feet of support space for a total of 40,831 square feet of space. The primary focus of the project will be research for property located on the west side of Old Dixie Highway, approximately 1/3 mile north ofthe Harbor Branch Visitors' Center, which project is to be known as FAU/HBOI - Marine Science Partnership - Planned Mixed Use Development. 2. The Development Review Committee has reviewed the Final Planned Mixed Use Development site plan for the proposed project and found it to meet minimum technical requirements. 3. On January 15,1998, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and recommended to this Board that the requested change in zoning from the RlC (Residential/Conservation), AR-1 (Agricultural, Residential - 1 du/acre), RS-2 (Residential, Single-Family - 2 du/acre), RM-5 (Residential, Multiple-Family - 5 du/acre), CG (Commercial, General), IL (Industrial, Light), IH (Industrial, Heavy), and PMUD (Planned Mixed-Use Development - Harbor Branch) Zoning Districts to the PMUD (Planned Mixed-Use Development - Harbor Branch) Zoning District be granted. 4. On February 3, 1998, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property and granted preliminary approval for the requested change in zoning from the RlC (Residential/Conservation), AR-1 (Agricultural, Residential - 1 du/acre), RS-2 (Residential, Single-Family - 2 du/acre), RM-5 (Residential, Multiple-Family - 5 du/acre), CG (Commercial, General), IL (Industrial, Light), IH (Industrial, Heavy), and PMUD (Planned Mixed-Use Development - Harbor Branch) Zoning Districts to the PMUD (Planned Mixed-Use Development - Harbor Branch) Zoning District. File No.: BCC-05-003/PUD-04-040 September 20, 2005 Resolution 05-153 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 5. On September 20, 2005, this Board this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property for the purpose of considering the granting of Final Development Plan approval for the project to be known FAU/HBOI - Marine Science Partnership - Planned Mixed Use Development, to be located on the property described below. 6. 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. 7. 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. 8. 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. 9. 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. 10. The proposed project will be served by adequate public facilities and services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Preliminary Site Plan for the project to be known as FAUlHBOI - Marine Science Partnership - Planned Mixed Use Development be, and the same is hereby approved as shown on the site plan drawings for the project prepared by Perkins & Will, dated July 12, 2005, and date stamped received by the St. Lucie County Growth Management Director on July 19, 2005, for the property described below, subject to the following conditions: 1. Prior to issuance of Ihe Certificate of Occupancy (CO) for the proposed project, Ihe petitioner, his successors or assigns, shall convey to 51. Lucie County, in manner and form acceptable to the SI. Lucie County Attorney, the east 30 feet of the parcel, for the future widening of Old Dixie Highway. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 2. Prior to issuance of the Certificate of Occupancy (CO) for the proposed project, the petitioner, his successors or assigns, shall construct a left turn lane for the proposed project on Old Dixie Highway. File No.: BCC-05-003/PUD-04-040 September 20, 2005 Resolution 05-153 Page 2 1 2 3 4 5 6 7 8 9 10 B. 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 C. 39 40 41 42 D. 43 44 45 46 47 48 '-" ""'" 3. Prior to issuance of the Certificate of Occupancy (CO) for the proposed project, the petitioner, his successors or assigns, shall construct a 6-foot wide sidewalk along the project's frontage on 51. Lucie Boulevard. 4. Prior to issuance of the Certificate of Occupancy (CO) for the proposed project, the petitioner, his successors or assigns, shall coordinate with the 51. Lucie County Fire District in regard to the placement of fire hydrants for the proposed project. The property on which this Final Planned Mixed Use Development Site Plan approval is being granted is described as follows: BEING A PART OF SECTION 8, TOWNSHIP 34, SOUTH, 40 EAST, ST LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER Of THE SOUTHEAST Y. Of SAID SECTION 8; THENCE S89'S7'16" W, A DISTANCE Of 722.10 fEET; THENCE N26'2S'20"W, A DISTANCE Of 642.61 fEET TO A POINT ON THE WESTERLY MAINTENANCE RIGHT ·Of- WAY LINE OF OLD DIXIE HIGHWAY; THENCE N21'03'03"W ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF 100.03 fEET; THENCE CONTINUE ALONG SAID WESTERLY RIGHT Of WAY, N19'37'07"W A DISTANCE Of 206.08 fEET TO THE PONIT Of BEGINNING: THENCE S65"43'01"W, A DISTANCE OF 609.33 fEET: THENCE N24'15'25"W, A DISTANCE OF 179.8S fEET; THENCE N04'48'3S"W, A DISTANCE Of 97.88 fEET; THENCE N20'S3'49"W, A DISTANCE Of 83.10 FEET; THENCE N07'S2'17"E, A DISTANCE OF 131.63 fEET; THENCE NOS'28'43"W, A DISTANCE Of 83.80 FEET, THENCE N20'17'45"W, A DISTANCE OF 117.21 fEET; THENCE N67'25'32"E, A DISTANCE Of 529.76 fEET BACK TO THE SAID WESTERLY RIGHT·Of·WAY LINE Of OLD DIXIE HIGHWAY; THENCE ALONG SAID WESTERLY RIGHT·Of·WAY LINE, S18'28'23"E, A DISTANCE Of 15S.96 fEET; THENCE ALONG SAID WESTERLY RIGHT-Of-WAY LINE, S19'02'45"E, A DISTANCE OF 300.01 fEET; THENCE ALONG SAID WESTERLY RIGHT-Of-WAY LINE, S19'37'07"E, A DISTANCE OF 193.92 FEET TO THE POINT Of BEGINNING. CONTAINING 8.74 ACRES, MORE OR LESS. (Location: West side of Old Dixie Highway, approximately 1(3 mile north of the Harbor Branch Visitors' Center) This Final Planned Mixed Use Development Site Plan approval shall expire on September 20,2007, unless an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code or building permits have been issued. The Final Planned Development Site Plan approval granted under this resolution is specifically conditioned to the requirement that the petitioner, FAU/HBOI, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate Local, State, and Federal regulatory authorities, including but not limited to; the United States Army Corps of Engineers, the Florida Department of Environmental Protection, the South Florida Water Management District, and the F1. Pierce Farms Water Management District prior to the issuance of any local File No.: BCC-05-003/PUD-04-040 September 20, 2005 Resolution 05-153 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 37 38 39 40 41 42 43 44 45 46 47 Department of Environmental Protection, the South Florida Water Management District, and the Ft. Pierce Farms 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. A copy of this resolution shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Growth Management Director. F. The certificate of capacity, attached as Exhibit A, shall be valid for the same period as this order. If this order expires or otherwise terminates, the certificate of capacity shall automatically terminate. G. A copy of this Order shall be attached to the site plan drawings described in Section A, which plan shall be on file with the St. Lucie County Growth Management Director. H. This Order shall be recorded in the Public Records of St. Lucie County. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson xxx Vice-Chairman Doug Coward xxx Commissioner Paula A. Lewis xxx Commissioner Joseph E. Smith xxx Commissioner Chris Craft xxx PASSED AND DULY ADOPTED this 20th day of September 2005. BOARD OF COUNTY COMMISSIONERS S1. LUCIE COUNTY, FLORIDA BY Chairman ATTEST APPROVED AS TO FORM AND CORRECTNESS County Attorney Deputy Clerk hf H :\WORD\Petitions\BCC\Finished20053\F AU-HBOI-MarineSciencePartnershipFinaIPD.PD\F AU-HBOI- MarineSciencePartnershipFinalPD RES,doc File No.: BCC-05-003/PUD-Q4-Q40 September 20, 2005 Resolulion 05-153 Page 4 ~ c: " o () Q; > ii: c: '" '6 .5 >- t--. ::: ~ ~ 0 a> I .~ ~ LO 0 0 r::: N \ ~ 0 :J '" ~i N 0::: z.~ cD () N .. N :.;= oð ~ ~ ¡;¡ r::: :J 0 ~ :¡ ~ OJ ctI ,,!O ~ :J :¡:; ~ 'S~ « 0 "C « I .~ ~ I!: ctI ~ ~ ro 0 c. "'C 'i~ I!: .¡:: 0 &;! c. 0 :J c. ro L1.. a.. ::æ: p.Q¡jUU'1IS ~ c: 5 () c: € '" ::;: ! 1:1"""""1:1 ¡ ~ ..,....:;.._o 5 ~ 3 ~ , ~. I""'::' 'rZ-:) < . . en '" ¡\Iuno::¡ aaqo4Qaa~o A petition of Florida ~antic University for Final Planned Mixed ~e Development Approval for the Project to be known as FAU-HBOI Marine Science Partnership -' 'CC I- ,)C -' 'Ô>'RBLER LN ,I :z '0 !o 'I '« '0 HARBOR BRANCH RD OCEAN STUDIES DR -' cc I- ~ W ~ (/) w z PUD 04-040 & RZ 04-047 Legend W /~ Subject property 5è- ~~ ~~~_.:". (jrtrWtlÎ Nanueemenr V!partmené N A Map prepared August 26, 2005 ~orida Atlantic University Zoning RlC CPUB CPUB ..J a: I-;, ~ UJ :> f- (fJ UJ Z PUD 04-040 & RZ 04-047 Legend ~/~ Subject property RlC RS-2 IL HARBOR BRANCH RD IH OCEAN STUDIES DR RS-2 5'c ~etdc- ~u~~~=. 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Q) c: ~ o ~1 481.684111A 2,S62AOI64.D 11tt808/S9.3 788,868117.8 17~4.0 83'\996119.1 57U92/13.2 78,40811.8 784.080/18.0 1.008.238/23.1 89,6991l6 81,12012.0 1,995.048/46.6 217.600/6.0 73\808116.8 932,184/214 1,089.000/25.0 69,6961l6 309,276n.1 34,848/0.8 0.0 52,272/12 305P47 n.o 7" 80" 8" 30% 55" 86111 8" 35% 35% 0111 5" 78" 753.688117.3 117,61212.7 14111 598)72113.7 100.18812.3 15% r, 892.04019.0 121,968/2.8 21" 518.OO81ft8 126,324/2.9 20'11 435,600I10.O 1,698.840139.0 80'11 300.684/6.9 161,172/3.7 35" 1481.040/34.0 331.056n.a 18 'II 920/332.0 8.180.568/187.8 36% arbor Branch St Lucie County Master Plan Sheet 1 of 2 rll'.i~sy ~tiadle : FD 2005 samp~OClamation.dOC "" Page 1 , ---.... - I I ¡ I --_._---,,---- Draft Proclamation WHEREAS the use of illegal drugs and the abuse of alcohol and nicotine constitute the greatest threats to the well-being of America's children; WHEREAS surveys conducted by The National Center on Addiction and Subslance Abuse (CASA) at Columbia University have consistently found that the more often children and teenagers eat dinner with their families the less likely they are to smoke, drink and use illegal drugs; WHEREAS teenagers who virtually never eat dinner with their families are 72 percent more likely than the average teenager to use illegal drugs, alcohol and cigarettes; WHEREAS teenagers who almost always eat dinner with their families are 31 percent less likely than the average teenager to use illegal drugs, alcohol and cigarettes; WHEREAS the correlation between family dinners and reduced risk for teen substance abuse are well documented; WHEREAS parental influence is known to be one of the most crucial factors in determining the likelihood of subslance abuse by teenagers; WHEREAS family dinners have long conslituted a substantial pillar of family life in America: Now, therefore, I, [NAME], [TITLE], do hereby proclaim the fourth Monday in September as Family Day -A Day to Eat Dinner With Your Children and urge all citizens to recognize and participate in its observance. I I ....- \w' .~ ..... L ,','..;: ..~T~L!.@lìþa..~~~ COUNTY'.: FLORIDA~ l -01 AGENDA REQUEST ITEM NO. :¡f> DATE: September 20, 2005 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 05-358 - Proclaiming the month of September, 2005, as "Alcohol and Drug Addiction Recovery Month 2005" in S1. Lucie County, Florida. BACKGROUND: President George W. Bush has declared September to be National Alcohol and Drug Addiction Recovery Month 2005. The Drug Court of the 19th Circuit as requested that this Board proclaim the month of September, 2005, as Alchol and Drug Addiction Recovery Month 2005 in S1. Lucie County, Florida. The attached Resolution No. 05- 358 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 05-358 as drafted. COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: APproved 5-0 CE: ouglas Anderson County Administrator County Attorney: ~ Review and Approvals Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicableJ___ Eff. 5/96 \.-'. ''WI1 RESOLUTION NO. 05-358 A RESOLUTION PROCLAIMING THE MONTH OF SEPTEMBER, 2005, AS "ALCOHOL AND DRUG ADDICTION RECOVERY MONTH 2005" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The devastating effects of alcohol and drug addiction have destroyed the lives and families of countless Americans. 2. President George W. Bush has declared September to be National Alcohol and Drug Addiction Recovery Month 2005; recognizes the dangers of substance abuse; and renews the hope of overcoming addiction for individuals across our Nation. 3 This year's theme, "Join the Voices for Recovery: Healing Lives, Families and Communities," encourages those striving to recover from this disease and recognizes the many families, support organizations, faith based and community groups, and volunteers working to help overcome addiction. 4. Substance abuse leads to a cycle of addiction and despair that too often causes disease and death among young people. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of September, 2005, as "ALCOHOL AND DRUG ADDICTION RECOVERY MONTH 2005" 2. This Board encourages all citizens to support individuals striving to overcome addiction and the groups that are helping to \. '-" -....rI fight alcohol and drug addiction. By working together, we can continue to build a more compassionate society that transforms lives and provides health, hope, and healing to those who hurt. 3. This Board calls upon the citizens of St. Lucie County to observe this month with appropriate programs and activities. PASSED AND DULY ADOPTED this 20th day of September, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY " \oW -..,,;í AGENDA REQUEST ITEM NO. :lß DATE: September 20, 2005 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 05-358 - Proclaiming the month of September, 2005, as "Alcohol and Drug Addiction Recovery Month 2005" in S1. Lucie County, Florida. BACKGROUND: President George W. Bush has declared September to be National Alcohol and Drug Addiction Recovery Month 2005. The Drug Court of the 19th Circuit as requested that this Board proclaim the month of September, 2005, as Alcho] and Drug Addiction Recovery Month 2005 in S1. Lucie County, Florida. The attached Resolution No. 05- 358 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 05-358 as drafted. COMMISSION ACTION: ouglas Anderson County Administrator 'DtJ APPROVED [ J DENIED [ J OTHER: Approved 5-0 County Attorney: ~/ Review and Approvals Management & Budget Purchasing originating Dept. Other: Other: Finance: (Check for Copy only. if applicable)___ Eft. 5/96 , \w' ..., RESOLUTION NO. 05-358 A RESOLUTION PROCLAIMING THE MONTH OF SEPTEMBER, 2005, AS "ALCOHOL AND DRUG ADDICTION RECOVERY MONTH 2005" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The devastating effects of alcohol and drug addiction have destroyed the lives and families of countless Americans. 2. President George W. Bush has declared September to be National Alcohol and Drug Addiction Recovery Month 2005; recognizes the dangers of substance abuse; and renews the hope of overcoming addiction for individuals across our Nation. 3 This year's theme, "Join the Voices for Recovery: Healing Lives, Families and Communities," encourages those striving to recover from this disease and recognizes the many families, support organizations, faith based and community groups, and volunteers working to help overcome addiction. 4. Substance abuse leads to a cycle of addiction and despair that too often causes disease and death among young people. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of September, 2005, as "ALCOHOL AND DRUG ADDICTION RECOVERY MONTH 2005" 2. This Board encourages all citizens to support individuals striving to overcome addiction and the groups that are helping to "-" ....., fight alcohol and drug addiction. By working together, we can continue to build a more compassionate society that transforms lives and provides health, hope, and healing to those who hurt. 3. This Board calls upon the citizens of St. Lucie County to observe this month with appropriate programs and activities. PASSED AND DULY ADOPTED this 20th day of September, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ~~/..IL~~~ LL:~ö .... ( (¿'H'¿¿"'öH'~ .....uur::;¡ " ~ NINETE NTH JUDICIAL ~ŒT j),~ lb4S"':OU~ ~ Sr. J)epufJ' COllrt AdmiiJirtrator . . A. _-i do~ ßocc q~~:~HEEl ~ ~_ ~ ~2- } Co~~~ lN~~f^;;¿íLS cW:L... Q~ ~~. ~b~~ ~@.' ' j'íO¿~_ '_ _. . ___ ADMlNISTRATIVE OFFICE OF THE COURTS rhOlnflS H. Wülis COlJrt Administrator DATE: :'0: FROM: RE: MESS}.\GE: ~ (Including Cover Sheer) NUmber of Pages """WAJtNING""'" Unauthori Z\!d interception of this telephoni c communi~ation could be a viol~tion of Federal and Flo~id~ Law. The documents QCcompa:"Jying this telecopy ':l"ansrr.issiòn COI1tain co:<fide:1tial ir.fnmation 1;JeloJ"1giJ"lg to the sender \\'h';'ch is lega11,'" Privileged. Tt:e i.nformation is i;¡ter;ded only fo;: the USe of th¡~ individual or entity ~Qmed abov.;;. If you o!re not the intended recipient, ,you are hereby notified that any =:sclosure, copying, distriÌ;)utio~ Or ":he taking of any acticn in reliance Or¡ the Conten~s of ~hi5 :elecopied infðrmation is st:ict:y prohibited. It you have received this tele¡:;opy in error, please iItJnedia~ely n¡;:tify ~s by ~e¡ephone to a=ra~ge fo: retu~n o~ the original doc~ments to the CIUg :ourt ?rograrn office. CONI'I"DJmTIALIrY NO:rrCE Any questions please =o~taCt the Druç Court Prcgram Office at (561) H2-1950 -" 2 ¡ g SOU!t1 SCtonc S¡rce:, 229 Cllurtbouse Addj:ion + For. Pierce. FJorida .1-9j(; ... (i7~j 46:2.1472 .. FAX (772) 46'.2135 ~~/~.(¿~~~ LL:~ö 11¿"O¿¿,jt:l.O~ l..,uuro: I I-W'~.II~ t"::L r"'¡:"¡\;U:.. D,¿ '-' """" ADMINISTRATIVE OFFICE OF TIlE COURTS NINETEENm JUDICIAL Cm.ClIIT Thomas H. Willis Triol CQurt Administrator LisR Sall.rzl1t! Sr. Deputy Court AdministratQr September 12, 2005 Commissioner Frannie Hutchìnson 2300 Virginia Ave. Ft. Pierce, FL 34982 RE: Proclamation Dear COmnUssioner Hutchinson: President Bush has declared September to be National Alcohol and Drug Addiction Recovery Month. The Drug Court of the 19111 Circuit would like to have the cities and counties within DIU' circuit also declare September tò be National Alcohol and Drug Addicûon Recovery Mon¡h. We are asking that the attached proclatnation be adopted in our circuit. Thank you for your consideration. If you have any questions please do not hesitate to contgq me. If you agree to tlùs proclamation i~may be mailed. ì1~lY. I ~~ Drug Court Program Director 200 S. Second Street, 229 Courthouse Addition Ft. Pierce, FL 34950 (772) 462-1950 229 Courthouse AcXlition. 218 SOT,\th Second Street . Port ~el'Ce, Plorida 349~O . (772) 4ó2-1472 . FAX (772, 462-2B5 COURT ADMIN PSI. .~~I):.ltz.~,~~¡;;;." 77.~~t.~a.~~t~9.CICtlO~~V~!Y.M.o.tifu~'::~:,"='~=:'''- :-::=. '-' I I I PAGE 03 ;:=.:=:::=:·:=·"~=:1iâ!I1 National Alcohol and Drug AddIction Recovery Month, 2005 A Pl'oclamatlon WHEREAs, the devastating effects of aJCOÌIol and dru¡ addiction hll.ve destroYed the lives and families of countless Americans. During National Alcohol and Drug Addiction Recowry Month, we reco¡n.ize the dangers of substance abuse and renew the hope of overcoming addiction for Individuals across our Nø:tion. This year's theme, "Join the Voices for Recovery: Healing Live,s, FIUI1i1ies and Communities," encourages those striving to reCOVer íÌ'Otn this disease and l'ecO£nizes the many families, S\lpport organizations, faith based and community groups, and volunteers woridng to help overcome addiction. SUbstance abuse leads to a cycle of addiction and despair that too often causes disease and death among young people, We encourage alJ cÌtÍuns to support individuals striving to overcome addiction and the groups that are helping to fl¡ht alcohol and drug addiction. By worlcing together, we can wntinue to build a more compassionate socJety that trensforms Jive~ and provides health, hope, and heAlin¡ to those who hlll't. NOW, THEREFORE. , do hereby proclaim September 2005 lIS National AlcohoJ and D1'I:Ig Addiction Recovery Month. I call upon the people of to observe this month wJth appropriate progr¡ur¡s and activities. IN WITNESS WHEREOF, I have hereunto ~et my hand this _ day of September. 2005. ### I ~".:II' ~ .... "\ '-' '....,/ Agenda Request Item Number Date: 5A Sept. 20, 2005 Consent Regular Public Presentation Leg. [ [ ] [ ] [X] Quasi-JD [ TO: SUBMITTED BY: Board of County Commissioners Growth Management P..reser:1ted By ~€~ ...--¡ ~ ~ Assistant County Administrator This is DRAFT ORDINANCE 05-023, which proposes to amend the text of the St. Lucie County Land Development Code and add language to Section 2.00.00 (Definitions) and Section 7.05.00 (Transportation Systems) to include definitions and language requiring bicycle and pedestrian facilities as well as updated right-of-way requirements. SUBJECT: BACKGROUND: Section 7.05.04 of the St. Lucie County Land Development Code, is "reserved" for requirements regarding sidewalks and bikeways. Staff has proposed language that will require sidewalk and bikeways as part of new development in SI. Lucie County. In addition, staff has added definitions to Section 2.00.00 that deal with the proposed sidewalk and bikeway language. Table 7-15 has been changed to reflect new right-of-way requirements which are direclly related to the requirements of bicycle and pedestrian facilities. In addition, the proposed amendment has language stemming from policy and procedural changes for section 7.05.00. FUNDS AVAILABLE: N/A PREVIOUS ACTION: At the August 11, 2005, public hearing on this matter, the St. Lucie County Local Planning Agency, by a vote of 6 to 0 with three members (Mr. Akins, Mr. Trias and Mr. McCurdy) absent, recommended approval of draft ordinance 05-023. RECOMMENDATION: This is the final public hearing. The first public hearing was held on September 6, 2005. Staff recommends approval of Draft Ordinance 05-023. Gf] APPROVED o OTHER Approved 5-0 Motion to include clarifying language. D DENIED Douglas M. An erson County Administrator COMMISSION ACTION: County Attorney Originating Dept.: Finance: y Coordinationl Signatures Mgt. & Budget: Other: µVf" Purchasing: Other: 'J , ~ ...".¡ COMMISSION REVIEW: September 20, 2005 GROWTH MANAGEMENT DEPARTMENT Administration MEMORANDUM TO: Board of County Commissioners FROM: Faye Outlaw, Assistant County Administrator DATE: September 12, 2005 SUBJECT: Draft Ordinance 05-023 - Revisions to Land Development Code Section 2.00.00 and Section 7.05.00 The current version of the SI. Lucie County Land Development Code (LDC) has section 7.05.04 "reserved". Please find attached draft ordinance 05-023 with language to be submitted for section 7.05,04 and revisions to Table 7-15 for minimum right-of-way widths, The proposed amendment also includes additional language to amend Section 2.00.00 (Definitions) as well as updates and changes to reflect County policies and procedures. Text additions are shown as underlined while deletions of text are shown with a strikethrough. There are no changes to the following sections of the Transportations Systems of the Land Development Code: 7.05.01, 7.05.05, 7.05.06, 7.05.07 or 7.05.10. The proposed LDC revisions are based on the Comprehensive Plan requirements from the Transportation Element. The proposed revision includes requirements for sidewalks, bike facilities, bike racks and maintenance. The revision address the following needs identified in the following Comprehensive Plan policies: Policy 2.2.1.1 Policy 2.2.1.2 Policy 2.3.2.1 Policy 2.3.2.5 At the August 11, 2005, public hearing on this matter, the St. Lucie County Local Planning Agency, by a vote of 6 to 0 with three members (Mr. Akins, Mr. Trias and Mr. McCurdy) absent, recommended approval of draft ordinance 05-023. This is the final public hearing. The first public hearing was held Tuesday September 6, 2005 and clarification of the draft ordinance was requested by the Board of County Commissioners relating to development outside of the urban service boundary. County Staff recommends approval of Draft Ordinance 05-023. If you have any questions, please let me know. cc: Don West, Public Works Director Michael Powley, County Engineer David Kelly, Planning Manager Karen Butcher, Bicycle/ Pedestrian Coordinator ;'" ~ ....J 1 ORDINANCE NO. 05-023 2 3 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY lJ\,ND 4 DEVELOPMENT CODE BY AMENDING SECTION 2.00.00 TO 5 ESTABLISH NEW DEFINITIONS FOR SIDEWALKS AND BIKE~I\"JWS; 6 AMENDING SECTION 7.0S.00 TR.~NSPORTI\TION SYSTEMS TO 7 ESTABLISH SIDEWALK AND BIKE'NAY CRITERIJ, AND 8 EST.l\.BlISHMENT OF NEW MINIMUM RIGHT OF "'".lAY WIDTHS; 9 PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR 10 SEVERJ.BI lITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR 11 FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN 12 EFFECTIVE DATE; PROVIDING FOR ADOPTION .A,ND PROVIDING FOR 13 CODIFICATION AN ORDINANCE AMENDING THE ST. LUCIE COUNTY 14 LAND DEVELOPMENT CODE BY AMENDING SECTION 2.00.00 15 ("DEFINITIONS") TO ADD NEW DEFINITIONS RELATING TO 16 SIDEWALKS AND BIKEWAYS; AMENDING SECTION 7.05.02 17 ("STREETS") BY UPDATING REFERENCES TO ST. LUCIE COUNTY 18 COMPREHENSIVE PLAN. CHANGING REFERENCES TO COMMUNITY 19 DEVELOPMENT DIRECTOR TO GROWTH MANAGEMENT DIRECTOR. 20 PROVIDING FOR APPLICATION TO ARTERIAL OR MAJOR 21 COLLECTOR STREETS OR ROADWAYS WITHIN THE 22 UNINCOPROATED AREAS OR ALONG ANY COUNTY MAINTAINED 23 ROADWAY IN THE UNINCORPORATED ARES OF THE COUNTY 24 RATHER THAN THE URBAN SERVICE AREA. AND DELETING THE 25 REQUIREMENT FOR SIDEWALK REQUIREMENT BASED UPON LOT 26 FRONTAGE; AMENDING SECTION 7.05.03 ("RIGHTS-OF-WAY 27 DETERMININATIONS AND DEDICATIONS. IMPROVEMENTS") BY 28 UPDATING REFERENCES TO ST. LUCIE COUNTY COMPREHENSIVE 29 PLAN, CHANGING REFERENCES TO COMMUNITY DEVELOPMENT 30 DIRECTOR TO GROWTH MANAGEMENT DIRECTOR. AND AMENDING 31 MINIMUM RIGHT-OF-WAY AND TYPICAL SECTION REQUIREMENTS 32 AS SET FORTH IN TABLE 7-15; CREATING SECTION 7.05.04 33 ("SIDEWALKS AND BIKEWAY") TO ESTABLISH SIDEWALK AND 34 BIKEWAY CRITERIA AND ESTABLISHMENT OF NEW MINIMUM RIGHT 35 OF WAY WIDTHS: AMENDING SECTION 7.05.05 ("DRIVEWAYS") TO 36 PROVIDE FOR THE PUBLIC WORKS DEPARTMENT RATHER THAN 37 THE COMMUNITY DEVELOPMENT DEPARTMENT TO ISSUE A 38 CERTIFICATE OF OCCUPANCY OR FINAL INSPECTION: AMENDING 39 SECTION 7.05.08 ("STREET NAMING AND IDENTIFICATION") TO 40 CHANGE THE REFERENCES TO COMMUNITY DEVELOPMENT 41 DIRECTOR TO GROWTH MANAGEMENT DIRECTOR: AMENDING 42 SECTION 7.05.05 ("HOUSE AND BUILDING NUMBERS" TO CHANGE 43 THE REFERENCES TO COMMUNITY DEVELOPMENT DIRECTOR TO 44 GROWTH MANAGEMENT DIRECTOR PROVIDING FOR 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 '-" """'" CONFLICTING PROVISIONS: PROVIDING FOR SEVERABILITY: PROVIDING FOR APPLICABILITY: PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE: PROVIDING FOR AN EFFECTIVE DATE: PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of 8t. Lucie County, Florida, has made the following determination: 1. On August 1, 1990, the Board of County Commissioners of 8t. Lucie County, Florida, adopted the 81. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-03 - 91-21 - 93-01 - 93-05 - 93-07 - 94-18 - 95-01 - 97-01 - 97-03 - 99-02 - 99-04 - 99-15 - 99-17 - 00-1 0 - 00-12 - 01-03 - 02-09 - 02-29 - 04-02- March 14, 1991 November 7, 1991 February 16, 1993 May 25, 1993 May 25, 1993 August 16, 1994 January 10, 1995 March 4, 1997 September 2, 1997 April 6, 1999 August 17, 1999 July 20, 1999 September 7, 1999 June 13, 2000 June 13, 2000 December 18, 2001 March 5, 2002 October 15, 2002 January 20, 2004 91-09 - 92-17 - 93-03 - 93-06 - 94-07 - 94-21 - 96-1 0 - 97 -09 - 99-01 - 99-03 - 99-05 - 99-16 - 99-18 - 00-11 - 00-13 - 02-05 - 02-20 - 03-05 - 04-07 - May 14.1991 June 2, 1992 February 16, 1993 May 25, 1993 June 22, 1994 August 16, 1994 August 6. 1996 October 7. 1997 February 2, 1999 August 17. 1999 July 20, 1999 July 02. 1999 November 2, 1999 June 13, 2000 June 13, 2000 June 24, 2002 October 15. 2002 October 7, 2003 April 20, 2004 3. On August 16. 2005, the Local Planning Agency/ Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 2 '-" '-.I Page 3 Section 7.05.04 Sidewalks and Bikeways 4. On September 16, 2005, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on August 28, 2005. 5. On September 20, 2005, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on September 10, 2005. 6. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE: **************************** CHAPTER II DEFINITIONS **************************** 2.00.0 DEFINITIONS BIKE LANE: A portion of roadway (4-5 feet). which has been desianated bv sianinq and pavement markinqs for the preferential or exclusive use bv bicvclists. BIKE WAYS: Anv road. path. or way that in some manner is specificallv desianated as open to bicvcle travel, reqardless of whether such facilitv is desiqnated for the exclusive use of bicvcles or is to be shared with other transportation modes. MULTI USE PATH: A bikewav (10-12 foot wide) phvsicallv separated from the motorized vehicular traffic bv an open space or barrier and either within hiqhwav riqht of way or within an independent alianment. Multi use paths may be used bv pedestrians. skaters, and ioqqers as well as bicvclists. StruGkthrough words are deleted. Underlined words are added. '-'" ....., Page 4 Section 7.05.04 Sidewalks and Bikeways SIDEWALK: That portion of a roadwav desiqned for preferential or exclusive use bv pedestrians and non motorized vehicles. UNDESIGNATED BIKE LANE: A bike lane. which is not desiqnated bv the diamond, bike and arrow pavement markinQs. It is striped as a reQular bike lane on the approaches to intersections. BICYCLE: ^ vehicle havinQ two tandem 'Nheels, or h3vinq three v:heels in contact with the qround. DroDollod bv human Dowor upon which any Derson or Dorsons mav rido. A vehicle propelled bv human power upon which any Derson or persons mav ride havinq two tandem wheels, except scooters and similar devices. For the Durposes of this code bicycle shall also include unicvcles. tricvcles and quadracvcles. **************************** CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS **************************** 7.05.02 STREETS A. GENERALLY 1-3 No Changes 4. All roads and streets shall be planned in conformity with the Traffic Circulation Transportation Element of the St. Lucie County Comprehensive Plan. 5-9 No Changes 10. All new construction for any arterial or majef collector street or roadway within the Urban Service Area shall be provided with sidewalks and bicycle paths along one or both sides, as determined by the County Engineer. The County Engineer shall consult the Bicyclel Pedestrian Coordinator, the St. Lucie Metropolitan Planning Organization Bicycle and Pedestrian Plan or other adopted Bicvcle and Pedestrian Plan (September 1995) in determining the location of any sidewalks and bicycle ~ facilities. 11. /\11 local or minor collector streots or roads, constructed within the Urban Service ,^.rea providing aecoss to residential de'/elopmentG that have :::I moan lot stroet front:::lge of 125 f-oet or loss, or nonresidential developments with a mean lot stroot frontago of 225 Str¡,¡skthro¡,¡gh words are deleted. Underlined words are added. '-'" ...., Page 5 Section 7.05.04 Sidewalks and Bikeways foet or less, shall bo provided with E:idO'.valks along both sides of tho stroet or road in aocordanco with the provisions of Chapter 13 of this code. 12. Except as otherwise may be provided in Chaptor 1 ð of this Code, all arterial and major collector street and roadways shall have a minimum travel lane width of 12 feet. In those instances where an open swale drainage system is utilized, a minimum of four five feet of the required shoulder area shall be paved where practical. 13-15 No Changes 7.05.03 RIGHTS-OF-WAY DETERMINATIONS AND DEDICATIONS, IMPROVEMENTS A. ST. LUCIE COUNTY THOROUGHFARE NETWORK RIGHT-OF-WAY PROTECTION PLAN 1. No Change 2. General The St. Lucie County Thoroughfare Network Right-of-Way Protection Plan shall identify existing and future transportation corridors and transportation facilities, and shall serve as the implementing Section of the Traffic Circulation Transportation Element of the St. Lucie County Comprehensive Plan. 3. No Change B. REVIEW OF THE THOROUGHFARE NETWORK RIGHT-OF-WAY PROTECTION PLAN The Thoroughfare Network Right-of-Way Protection Plan shall be reviewed by each of the following the Community Development Growth Manaaement Director, County Engineer Public Works Director, St. Lucie Metropolitan Planning Organization, and the St. Lucie County Board of County Commissioners at least one (1) time every two (2) years to assess the necessity for continuing the protection of the transportation corridors and the necessity for retaining the property acquired for the transportation corridor. If a transportation corridor is determined to be no longer necessary, the transportation corridor shall be removed from the Plan. If a new transportation corridor is determined to be needed, the transportation corridor shall be added to the Plan. Anv additions or deletions from this plan shall be accompanied by the appropriate amendments to the Transportation Element of the St. Lucie County Comprehensive Plan. Struckthrough words are deleted. Underlined words are added. '-' '..I Page 6 Section 7,05.04 Sidewalks and Bikeways C. MINIMUM RIGHT-OF-WAY AND TYPICAL SECTION REQUIREMENTS The following minimum right-of-way widths (Table 7-15) ~md typical r-oadway sections (Fig. 7 15) 3re horoby established in the Traffic Circul3tion Element of the St. Lucie County Cornprohonsivo Plan aRG shall be used in considering land dedication needs for roadways identified on the Thoroughfare Network Right-of-Way Protection Plan. Table 7-15 ~ ~ 100 80 go Local Road wi swale draina e 00 70 Local Road wi closed draina e - curb & utter W 60 All distances expressed in feet. Actual dimensions to be site determined and may be greater or less than expressed minimums given 5f*!GifiG site conditions and specific roadway design requirements. Additional riaht of way will be at the reauest of the County Enaineer or his desi nee. D. DETERMINATION OF RIGHT-OF-WAY ALIGNMENT 1. The Thoroughfare Network Right-of-Way Protection Plan is intended to indicate transportation corridors, not precise alignments, and is to be based upon the Right-of-Way Protection Map of the Tr::1ffic Circul3tion Transportation Element of the St. Lucie County Comprehensive Plan. Precise alignments will be determined at the time of development review and/or as a result of detailed alignment studies and surveys. 2 No Change E. DEDICATIONS TO PUBLIC 1 No Change 2. Except as otherwise provided by the Board of County Commissioners, all roads and streets shall be dedicated to the public. Any private roads permitted by the Board of County Commissioners shall be constructed to public road specifications. Construction plan review, construction inspection and required guarantee and surety reviews for private roads shall be as provided by this Code. No arterial or major collector road or street indicated on the future right-of-way maps of the Transportation Traffic SlruGkthrel,Jgh words are deleted. Underlined words are added. '-'" ""'" Page 7 Section 7.05.04 Sidewalks and Bikeways Circulation Element of the St. Lucie County Comprehensive Plan shall be permitted to be private. 3 No Change F-H No Change I. RIGHT-OF-WAY DEDICATION REQUIREMENTS 1. General Requirements a. Any applicant for a Development Order for property abutting a roadway designated on the Thoroughfare Network Right-of-Way Protection Plan shall dedicate sufficient land to account for the applicant's proportionate share of the right-of-way deficiency identified in the Thoroughfare Network Right-of-Way Protection Plan for the proposed development. The County Engineer shall determine the applicant's proportionate share by utilizing the Thoroughfare Network Right-of-Way Protection Plan, the Traffic Cimulation Transportation Element of the St. Lucie County Comprehensive Plan, any traffic information available in the County records, and any traffic analysis submitted by the applicant as part of the development order approval process or otherwise. 2-5 No Change J-K No Change 7.05.04 SIDEWALKS AND BIKEWAYS A. Sidewalks 1. /\11 now developmont!:: within the unincorpor~Jted :Jre~ of St. Lucie County are required to design ~nd construct sidewalks within the right of way of all streets that abut tho developor's proporty. Thoso sido'Nalks will be constrloloted parallel to all mads fronting tho projoct ~md all ro::lds intern::ll of tho projoct oxtending from proporty line to property line. New sidewalks must be a minimum of six (6) foet wido ::md arc required on both sides of all roadways that are cI~ssified ::IS ~rterials or collectors, whether public or private, except that sidewalks may be required on only one side of ro~dw::lYs cla!::sified as local streots. Local street requirements arc based upon local needs and existing conditions. Those requirement!:: ·....iII be com:idored ~s part of the County's development revie·.\' process. All new sidewalks shall bo oem:tructed of concrete and must Struckthrough words are deleted. Underlined words are added, Page 8 '-"" ~ Section 7.05.04 Sidewalks and Bikeways conform to Florid3 Dopartmont of Transportation 3nd!or 8t. Lucio County standards. All new residential developments required to obtain site plan approval located within the Urban Service Boundary and all new non-residential development located within the unincorporated area of St. Lucie County and within the Urban Service Boundary are required to desiqn and construct sidewalks within the riqht-of-way of all streets and roadways that abut or lie within the perimeter of the property. 2. New sidewalks must be a minimum of six (6) feet wide alonq streets classified as collectors and arterials. 3. Local street requirements are based upon local needs and existinq conditions. Local streets shall have sidewalks five (5) foot wide alonq one or both sides of the street as deemed necessary durinq the County's development review process. 4. All new sidewalks shall be constructed of concrete. brick pavers or other materials acceptable to St. Lucie County. All construction must conform to Florida Department of Transportation and/or St. Lucie County standards. a. All sidewalks on internal private roads shall connect with the sidewalks in the abutting public right-of-way. b. The County Engineer may authorize a modification in sidewalk width to protect existing trees or to accommodate existing utilities. In no case shall sidewalks be less than four feet. c. The Development Review Committee (DRC) as part of the site plan review process shall document any exemption of a development project from constructinq specific sidewalk seqments based on physical constraints such as proximity to drainaqe canals or structures where the construction of the particular sidewalk seqment would result in a disproportionate burden on the development. d. Sidewalks shall be constructed around the perimeter of a cul-de-sac. e. All sidewalks and ramps shall conform to the latest requirements published in the most recent edition of the Americans With Disabilities Act (ADA) Accessibility Guidelines. f. Tho dO'/olopor '....ill boar tho cost for doe:ign and construction of the side'Nalk. Tho County will bo rospom;iblo for porpotu31 ol/morship and maintomnce of proporly constructed sidow31ks within the dodic3ted County right of way. Sidowalks within private right of 'N3Y 'l.'ill rem3in tho maintenance responsibility of tho 3pplic3blo dO'lolopor 3nd!or homeowners! property Strblcktl:1rebl!iR words are deleted. Underlined words are added. ~ ....., Page 9 Section 7,05.04 Sidewalks and Bikeways owners association (see 7.05.04 E). The developer will bear the cost for desiqn and construction of the sidewalk. Sidewalks on private property must be maintained by the developer, property owner's association or other entity as approved by S1. Lucie County throuQh the operation and maintenance covenants of the community, subdivision association or other recoqnized manaqement entity. S1. Lucie County shall maintain all sidewalks located within County maintained public riqhts-of-way unless otherwise aqreed to throuqh specific maintenance aQreements. g. Multi-Use Paths (10-12 feet wide) may be required by the County in place of sidewalks when the multi-use path would be part of the adopted area-wide bicycle/ pedestrian system or Greenways & Trails plan. h. The Board of County Commissioners shall authorize total or partial relief from the requirements of sidewalk construction if it finds, after receiving the recommendation of the Development Review Committee and based on conditions peculiar to the proposed development, that the proposed sidewalk construction is not in the best interest of the County, the applicant shall pay a fee-in-lieu to the County for sidewalk and/ or qreenways & trails construction. B. Bikewavs 1. All new developments within the unincorporated area of S1. Lucie County or within municipalities that access County maintained roads and are constructinq or reconstructinQ roads as part of the development shall be required to desiqn and construct bike lanes. Bike lanes shall be constructed and dedicated to S1. Lucie County in accordance with the S1. Lucie County Public Works Standards. and the most recent verGion of the Bicycle! Pedestrian Plan 3dopted by the County. 2. ^ bike lane shall be pr-ovided parallel to all streets clm:sified as an arterial or collector that abuts the dC'.'elopment's r03d frontago. Bike lanes shall be provided on all internal project streets and roads that are classified as arterials or collectors. Bike lanes shall be constructed in accordance with the S1. Lucie County Public Works Standards. 3. Pavement markings and signage shall comply with the standards established by the Florida Department of Strblsklhr9b1gt-l words are deleted. Underlined words are added. '-' ""'" Page 1 0 Section 7.05.04 Sidewalks and Bikeways Transportation (FDOT) and the Manual on Uniform Traffic Control Devices (MUTCD). 4. Roadways constructed with closed drainage (curb and gutter) shall have a four-foot bike lane. 5. Roadways constructed with open drainage (swale) shall have a five-foot bike lane. 6. The construction of a multi-use path adjacent to an arterial or collector roadway internal or external to the development project does not relieve or otherwise release the requirement for the provision of bike lanes alonq said streets or roads. c. Bicycle Racks 1. Bicycle racks shall be required for all non-residential development unless it can be demonstrated that bicycle traffic would not have access to the property per the 8t. Lucie County Comprehensive Plan Policy 2.2.1.1. Aqricultural and Industrial areas shall be exempt from this requirement. Rosidential development may bo requested to havo biko mcks as deomed necessary during the Devolopmont Reviow Committee process. Planned Unit Developments (PUD) may be requested to have bike racks as deemed necessary durinq the development review process based on the proximity of the development to recreation facilities and school bus stops. a. There must be a minimum of six (6) bicycle parking spots. b. Bicycle parking should be located in close proximity to the buildings entrance. c. Bicycle parking facilities shall be located in highly visible well lighted areas to minimize theft and vandalism. d. Bicycle parking facilities shall support bicycles in a stable position without damage to wheels, frame or other components. The standard bicycle rack shall be the Inverted "U" style as pictured below. StrblGkthrough words are deleted. Underlined words are added. ~ ..".¡ Page 11 Section 7.05.04 Sidewalks and Bikeways e. Additional bicycle parking spots may be necessary and requested during the development review process by the Planning Manager.' Bicycle Podestrian Coordinator or Public Works designoe Growth Manaqement Director. f. Based on the review of the proposed parking area design, location and security features, the Growth Management Director may reduce the number of required automobile parking spaces by one (1) automobile space for each six (6) bicycle spaces provided. D. Time of Construction 1. All required sidewalks and bikeways shall be constructed in conjunction with the infrastructure for that phase of the development. The developer shall post a bond or other guarantee acceptable to the County as assurance of completion of the improvements in accordance with Section 11.04.00. E. Maintenance 1. Sidm...alks and bike'N3Ys on priv3te proporty must be maintained by the developer and.'or property owner's 3ssooiation throLlgh the operation and m3intonanoe covenants. The County Public 'Norks Department '....ill maintain sidm~¡alkG and bikowaye: looated 'I,ithin tho County public rights of way. Sidewalks and bikeways on private property must be maintained by the developer. property owner's association or other entity as approved by St. Lucie County throuQh the operation and maintenance covenants of the community. subdivision association or other recoQnized manaqement entity. St. Lucie County shall maintain all sidewalks and bikeways located within County maintained public riQhts-of-way unless otherwise aqreed to throuQh specific maintenance aQreements. 7.05.06 DRIVEWAYS A No Change B. BUILDINGS, BUILDING REGULATIONS No Certificate of Occupancy or final inspection shall be issued by the Community Development Public Works Department until the completed curb cut or driveway has been inspected and approved by the County Engineer. The property owner shall notify the County Engineer upon completion of the curb cut or driveway and at least twenty-four (24) hours prior to the requested inspection. Stn,¡sktnreblgh words are deleted. Underlined words are added. "-' ~ Page 12 Section 7.05.04 Sidewalks and Bikeways CoD No Changes 7.05.08 STREET NAMING AND IDENTIFICATION A-G No Changes H. AUTHORITY FOR NAMING AND NUMBERING STREETS 1. New streets shall be assigned names or numbers in compliance with the provisions of this Code by the Growth Manaqement Community Development Director. The Growth ManaQement Community Development Director is hereby granted the authority to rename duplicate or similar sounding streets or renumber existing streets to comply with the provisions of this Code. In the case of duplicate names or similar sounding names where one (1) or more streets must be renamed and one (1) street shall retain the name, the Growth Manaqement Community Dovolopment Director shall consider such factors as the historical significance of the name, the number of years the street has held that name, and the relationship name to the names of adjacent streets. 2. Individuals residing on the street or developers of a subdivision may participate in the naming or renaming process by providing suggestions for street names to the Growth Manaqement Community Development Director. Interested individuals should submit three (3) names with the first choice listed first, second choice listed second, and third choice listed last. The Growth Manaqement Community Development Director shall assign the name after considering the choices provided and verifying compliance with the provisions of this section. I-J No Changes 7.05.09 HOUSE AND BUILDING NUMBERS A 1 No Changes 2. House and building numbers for all residential or commercial uses in the unincorporated areas of St. Lucie County shall only be assigned by the Growth Manaqement Community Dovolopmont Director, and shall be assigned at the time the building permit is issued. A 3 No Changes B-D No Changes Struckthrough words are deleted. Underlined words are added. '-' .."",¡ Page 13 Section 7.05,04 Sidewalks and Bikeways PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall beheld to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART E. 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 F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Frannie Hutchinson XXX Vice Chairman Doug Coward XXX Commissioner Joseph E. Smith XXX Commissioner Paula A. Lewis XXX Commissioner Chris Craft XXX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the S1. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. Struckthrough words are deleted. Underlined words are added. .., - "-' ....¡ Page 14 Section 7.05.04 Sidewalks and Bikeways PASSED AND DULY ENACTED this ,2005. day of ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney StruGkttm~lJgh words are deleted. Underlined words are added. - """ 'WII !JA Consulting Engineers · Land Surveyors 2980 Soulh 251h Streel " FI. Pierce, FL 34981 (772) 464-3537 " Fax (772) 464-9497 www.cl-eng.com September 19, 2005 Honorable Frannie Hutchinson, Chairman St. Lucie County Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, Florida 34982 Subject: Draft Ordinance 05-023 Dear Commissioner Hutchinson: At the September 6, 2005 meeting of the Board of County Commissioners, the Board held its first public hearing on Draft Ordinance 05-023, which among other things, proposed several changes to the County's Land Development Code governing minimum right-of-way widths, sidewalks, bike lane and bike parking standards. On Tuesday, September 20, 2005, you are schedule to review this matter for a second and final time. At the September 6, 2005, County Commission meeting on this matter, I expressed my concerns to the Board about several areas of the Draft Ordinance as it was being presented at that time. In meeting with County Staff, most of my concerns have been addresses except for the following. Table 7-15 (refer to page 60f the attached draft of Ord. 05-023) continues to include the suggested change to widen the minimum local street rights-of-way width by 10 feet. If approved, the new standards would be widest in the region for like classified streets. While I understand that the County Engineers' Office believes that this extra ten (10) feet is necessary to meet the design requirements for pedestrian facilities, there are countless examples of these type of streets, that this Board has expressed a desirable view of, that can fit into a right-of-way section width substantially less than 60 feet. Provided that the Board allows as part of a Planned Development review process, a property owner or site developer an opportunity to submit an alternative roadway cross-section that meets intent of what the County is trying to achieve, then from my singular perspective, I have no objection to what is proposed. If, however, the view of the County is that the 60 foot minimum width is indeed "the minimum," and that there shall be no variations to it, then I do see where this would inconsistent with the prior stated intents of the Board, particularly as it relates to the development of new town communities. I have attached a copy of a marked up version of Draft Ordinance 05-023. I have noted in the margins of this Ordinance a number of comments that I would like you to consider in the final ... . '-" ...., September 19. 2005 Page 2 Subject: Draft Ordinance 05-023 review of this Ordinance. Most of these are minor editorial comments, but there is substantial revision to the Bicycle Parking section of the Draft Ordinance. It is my opinion that as well intended as the current language is in dealing with bike parking standards, without some detailed clarification to that section what is being created is an administrative mess that will lead to a lot of unnecessary confusion, wasted time and effort in resolving what really minor little points are. This is particularly true when you consider the fact that for the first several months of the implementation of these rules, the primary staff resource person on this topic will not be available to guide that implementation. The modifications that I have submitted to you are based on all of the regular data resources that the County normally goes to when developing its Land Development Regulations. I have also looked at this from the perspective of actually having it laid out on a commercial/residential site. I believe that the double underline part of the attached draft goes a very long way to clarifying matters. Thank you for your time and consideration of my comments. If you have any questions, please let me know. ~s~ncer~I^^ . - nni IVMurph" AI P S~i r Project Mana r DJM attachment ORD05_023a cc wIatt: Commissioner Doug Coward Commissioner Joseph E. Smith Commissioner Paula A. Lewis Commissioner Chris Craft County Administrator County attorney County Engineer . "-..., Planning Manager Bike/Ped Coordinator '-'" 1 ORDINANCE NO. 05-023 2 . 3 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND 4 DEVElOPMliNT CODE BY !'.MENDlNG SECTION. 2.00.00 TO 5 ESTABLISH NE!.II! DEFINITIONS FOR SIDEW:\lKS AND BIKEWAYS; 6 J\MENDING SECTION 7.05.00 TRANSPORT".TION·· SYSTEMS·· TO 7 ESTABLISH SIDE1.llf.I\LK ,\ND BIKEWAY CRITERIA A.I;,JD 8 ESTABLISHMENT OF NE'N MINIMUM RIGHT OF '.'t'f\Y'.II.'IDTHS; 9 PROVIDING FOR CONFlICTI>IG PROVISIONS; PROVIDING .FOR 10 SEVERABILITY; PROVIDING FOR APPLlC.I\BILlTY; PROVlDl>JG.FOR 11 FILING \.II.'ITH THE DEPARTMENT OF STATE; PROVIDING FOR AN 12 EFFECTI\"E DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR 13 CODIFICATION AN ORDINANCE AMENDING THE ST. LUCIE COUNTY 14 LAND DEVELOPMENT CODE BY AMENDING SECTION 2.00.00 15 ("DEFINITIONS"} TO ADD NEW DEFINITIONS· RELATING TO 16 SIDEWALKS AND BIKEWAYS:< AMENDING· SECTION 7.05.02 17 ("STREETS") BY UPDATING REFERENCES TO ST. LUCIE COUNTY 18 COMPREHENSIVE PLAN. CHANGING REFERENCES TO COMMUNITY 19 DEVELOPMENT DIRECTOR TO GROWTH MANAGEMENT DIRECTOR. 20 PROVIDING FOR APPLICATION TOm ARTERIAL OR MAJOR 21 COLLECTOR STREETS OR ROADWAYS WITHIN THE 22 UNINCOPROATED AREAS OR ALONG. ANY COUNTY MAINTAINED 23 ROADWAYJN· THE UNINCORPORATED ARES OF THE COUNTY 24 RATHER THAN THE URBAN SERVICE AREA. AND DELETING THE 25 REQUIREMENT FOR SIDEWALK REQUIREMENT BASED UPON LOT 26 FRONTAGE: AMENDING SECTION 7.05.03 ("RIGHTS-OF-WAY 27 DETERMININATIONS AND DEDICATIONS. IMPROVEMENTS") BY 28 UPDATING REFERENCES TO ST. LUCIE COUNTY COMPREHENSIVE 29 PLAN, CHANGING REFERENCES TO COMMUNITY DEVELOPMENT 30 DIRECTORTO GROWTH MANAGEMENT DIRECTOR, AND AMENDING 31 MINIMUM RIGHT-OF-WAY AND TYPICAL SECTION REQUIREMENTS 32 AS//SET .... FORTH IN TABLE 7-15: CREATING SECTION 7.05.04 33 ("SIDEWALKS AND BIKEWAY") TO ESTABLISH SIDEWALK AND 34 BIKEWAY CRITERIA AND ESTABLISHMENT OF NEW MINIMUM RIGHT 35 OF<WAYWIDTHS: AMENDING SECTION 7.05.05 ("DRIVEWAYS") TO 36 PROVIDE FOR THE PUBLIC WORKS DEPARTMENT RATHER THAN 37 THE COMMUNITY DEVELOPMENT DEPARTMENT TO ISSUE A 38 CERTIFICATE OF OCCUPANCY OR FINAL INSPECTION: AMENDING 39 SECTION 7.05.08 ("STREET NAMING AND IDENTIFICATION"} TO 40 CHANGE THE REFERENCES TO COMMUNITY DEVELOPMENT 41 DIRECTOR TO GROWTH MANAGEMENT DIRECTOR: AMENDING 42 SECTION 7.05.05 ("HOUSE AND BUILDING NUMBERS" TO CHANGE 43 THE REFERENCES TO COMMUNITY DEVELOPMENT DIRECTOR TO 44 GROWTH MANAGEMENT DIRECTOR PROVIDING FOR Draft (9120105) Page 1 ORD 05-023a Undertine is for addition Strike Through is for deletion See side notes for additional comments ...." 1 CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; 2 PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE 3 DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; 4 PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION 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 ~ WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: 1. On August 1, 1990, the Board of County Commissioners of St Lucie County, Florida, adopted the S1. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-03 - 91-21 - 93-01 - 93-05 - 93-07 - 94-18 - 95-01 - 97-01 - 97-03 - 99-02 - 99-04 - 99-15 - 99-17 - 00-10 - 00-12 - 01-03 - 02-09 - 02-29 - 04-02 - 05-_ March 14, 1991 November 7, 1991 February 16, 1993 May 25,.1993 May 25, 1993 August 16, 1994 January 10, 1995 March 4, 1997 September 2, 1997 April6, 1999 August 17,1999 July 20, 1999 ' September 7, 1999 .:Junè13,2000 .:June 13, 2000 December 18, 2001 March 5, 2002 October 15, 2002 January 20, 2004 91-09 92-17 - 93-03~ 93-06 - 94-07 - 94-21 - 96-10 - 97-09 - 99-01 - 99-03 - 99-05 - 99-16 - 99-18 - 00-11 - 00-13 - 02-05 - 02-20 - 03-05 - 04-07 - Þ5f!_ ~. . May14,1991 June 2,1992 February 16,1993 May 25, 1993 June 22, 1994 August 16, 1994 August 6, 1996 October 7, 1997 February 2, 1999 August 17,1999 July 20, 1999 July 02, 1999 November 2, 1999 June 13, 2000 June 13, 2000 June 24, 2002 October 15, 2002 October 7,2003 AprH20, 2004 3. On August 16, 2005, the Local Planning Agencyl Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. ORD 05-023. Underline is for addition Strike Through is for deletion See side nates far additional comments Draft (9/20105) Page 2 ...." _. -{ Comment [MSOffiœl]: There needs , ! tobe:addedrefcrëncëitotherecenf,code . iaInendIneDts ProcešŠedtbrooghthe lcoünt)'att()ffieys office: \w' 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 4. On September +ê !;t ?QQ?c !~i~E?oa~d b~h:! it§>. fir~! puþlic:; _~e~rJng .on.. the proposed ordinance, after publishing a notice of such hearing in the Port S1. Lucie News and the Tribune on August 28, 2005. ...- -. ..- 5. On September 20, 2005, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port S1. Lucie News and the Tribune on September 10, 2005.. 6. The proposed amendments to the S1. Lucie County .Land Development Code are consistent with the generalpurþOse, goals, objectives and standards of the S1. Lucie County Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of S1. Lucie County, Florida. . NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of S1. Lucie County, Florida: PART A. TO. THE ST. LUCIE COUNTY LAND TO READ AS FOLLOWS,INCLUDE: *******J.J.ÁJ....J.J..).J.********* CHAPTER II DEFINITIONS 30 31 32 ************************* 33 34 35 2.00.0 DEFINITIONS 36 37 38 39 CLASS I" BICyéLEPARKING AREA:] Class·· I . bicvcle . parkinq .arêas.are··¡oIlQ-terrri.. parkina areas thatprbvidê forprotection from the weather and theft, and are identified as bicvcle parkincïspaces thafspaces are available . forthPse whbexpelCt to leave their bicycles formore than four hours. 40 IcLASS II . BICYCLE PARKING AREA: I Class II bicycle parkina areas are short-term 41 bicycle parkina areas that meant to accommodate visitors, customers messenaers. and other 42 persons expected to leave their bicvcles parked in that location fpr less 'than four hours. These 43 facilìties are not intended for pverni ht u a rovide limited rotection from the weather 44 bas ecial structure existin buildin oVer a or roof. Draft (9/20105) Page 3 ORD 05-023a Underflne is for addition Strike Through is for deletion See side notes for additional comments ...., Comment [MSOffice2]: This date should read the 6th Dot the 16th. Comment [MSOffiœ3]: New definition to niatChtö terms în new biëycle park:iJ)g5æctÎon ' -) - Comment [MSOffiœ4: Ne defrirition tÚ:niatch to tërms ñïrie bicyc1e parking section ---- '-' 1 BIKE LANE: A portion of roadway (4-5 feetL which has been desionated bv sionino 2 and pavement markinos for the preferential or exclusive use bv bicvclists. 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 BIKE WAYS: Anv road. path or way that In some manner is specificallv desionated as open to bicvcle travel, reoardless of whether such faciiitv is desionated for the exclusive use of bicvcles or is to be shared with other transportation modes, MULTI USE PATH: A bikeway (10-12 foot wide) phvsicallv separated from the motorized vehicular traffic bv an open space or barrier and either within hiohwav rioht-of-wav or within an independent alionment. Multi use paths may be used bv pedestrians, skaters. and ¡oooers as well as bicvclists. SIDEWALK: That portion of a roadway desioned for preferential or exclusive use bv pedestrians and non motorized vehicles. A bike lane, which is not desionated bv the diamond, It is striped as a reoular bike lane on the approaches to UNDESIGNATED BIKE LANE: bike and arrow pavement markinQs. intersections, BICYCLE: '^ "e!:lisle !:Iavina me tan Be¡;¡ ·....Aeels er !:Ia'lina tAree wAes's insentast with the areblnB. I3rl3l3elleBeV 14b1A'18R ee'....er Yl3en·....RisR aR'/l3eFSeR er l3eFSens A'lav riBe.Avehicle propelled bv human power upon which any person or persons may ride havino two tandem wheels, except scooters and similar devices. For the purposes of this Code bicvCleshall· also include unicvcles, tricvcles and ouadracvcles. CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 7.05.02 No Changes A No Changes streets shall be planned in conformity with the TraWls Cirsulatien Element of the St. Lucie County Comprehensive Plan. 10. All new construction for any arterial or fI'IajêF collector street or roadway within the Urban Service Area shall be provided with sidewalks and bicycle paths along one or both sides. as determined by the County Engineer. The County Engineer shall consult the Bicvcle! Pedestrian Coordinator. the SI. Lucie Metropolitan Planning Organization Bicycle and Pedestrian Plan or other adopted Bicvcle and Pedestrian Plan (âe3leA'lBer 199B) in determining the location of any sidewalks and bicycle ~ facilities. 11. ^II leeal er R1inor collester etFoets or roads, conetructec:l within the Urban Service ORD 05-023a Underline is for addition Strike Through is for deletion See side notes for additional oomments ~ - COmment [MSOffice5]: TIns is original language from 9/16/05 public -hearing" 'Tlñslanguagëv.ias changed Uji staff into therëVised paragraph below. Draft (9/20/05) Page 4 I 2 3 4 5 6 7 8 9 10 II 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 53 54 55 7.05.03 A. ß, C. '-" Area pro'/iding access to re!>idential de'o'elopments that have a mean lot street frontage of 125 foot or Ie!>!>, or nonroe;idential developmenl5 with a mean lot stfeet-fFontage of 225 feet er lese;, shall be pre"ides '''itR sisB'''aIlŒ alen€) b9th sidee; af the street ar rgas in aooarsancB wit A tRB ¡;¡ra,'isiaRG af CAa3ter 1 ð af IRis GOO'&.- 12. Except as otherwise may be provided in CAa3ter 1 ð of this Code, all arterial and major collector street and roadways shall have a minimum travel lane width of 12 feet. In those instances where an open swale drainage system is utilized, a minimlffi of folr five feet of the required shoulder area shall be paved where practical. 13-15 No Changes RIGHTS-OF·WAY DETERMINATIONS AND DEDICATIONS, IMPROVEMENTS ST. LUCIE COUNTY THOROUGHFARE NElWORK RIGHT-OF-WAY PROTECTION PLAN 1. No Change 2. General The SI.. Lucie County Thoroughfare NetworkR.ight-of-Way Protection Plan shall identify existing and future transportation corridors an<[transportation facilities, and shall serve as the implementing'.Section of the Traffic Circllalian Transportation ElelTIE:nt of the Slluçie Caunty Comprehensive Plan. 3. No Change REVIEWOFTHETHOROUGHFARE NElWORK RIGHT-OF-WAY PROTECTION PLAN TheThoroughfare Network Right-of-way protection Plan shall be reviewed by each of the foHowing Ihe Comffiunity Develo¡;¡ment Growth ManaQement Director, GaIffity IOA€)iReer Public Works Director, St. Lucie Metropolitan Planning Organization, and the StLucie County Board of County Commissioners at least one (1) time every two (2) years to assess the necessity for continuing the protection of the transportation corridors and the necessity for retaining the property acquired for the transportation corridor. If a transportatiqncorridoris determined to be no longer necessary, the transportation corridor shall be removed from the Plan. If a new transportation corridor is determined to be needed,thetransportation corridor shall be added to the Plan. Any additions or deletions from this plan shall be accompanied bY the appropriate amendments to the Transportation Element of the St. Lucie County Comprehensive Plan. MINIMUM RIGHT-OF-WAY AND TYPICAL SECTION REQUIREMENTS The following minimum right-of-way widths (Table 7-15) and ty¡;¡ioal read":ay secti9Rs (Fi€). 7 1 á) are Aereey ee;lablished in the Traffic CircIIati9n Element af IAe gt. b,lgie CalAty Camprehensive Plan aM shall be used in considering land dedicatian needs for roadways identified on the Thoroughfare Network Right-of-Way Protection Plan. ORD 05-023a Undertine is for addition Strike Through is for deletion See side notes for additional comments ~ Draft (9120/05) Page 5 '-' 1 2 Table 7-15 Local Road (wi swale drainage) Local Road (wi closed drainage - curb & gutter) 24.é i1WJ, .160 4W 4W 100 80 00 GO 70 W 60 All distances expressed in feel Actual dimensions to be site determined and may be greater or lesslhan expressed minimums given &peGifiG site conditions and soecific roadwav design requirf!".'*!nts. Additional rioht of way will be at the reouest of the Countv Enoineer or his deslanes. . . _ ~ .J 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 D. DETERMINATION OF RIGHT-OF-WAY ALIGNMENT 1. The Thoroughfare Network Right-of-Way Protection Plan is intended to indicate transportation corridors,. not precise alignments, and ¡stobe based upon the Right-of-Way Protection Map of the Traffis CircI,Jlatien Transportation Element of the St.. Lucie County Comprehensive Plan. Precise alignments will be deterlJlined at the time. of development revieW and/or as a result of detailed alignment studies and .surveys. 2 No Change E. DEDICATIONS TO PUBLIC No Change 2, Except as otherwise provided Board of County Commissioners, all roads and streets shall be dedicated to public. Any private roads permitted by the Board>of County Commissioners shall be constructed to public road specific~tions.ç()nstruction plan review, construction inspection and required guarantee and surety reviews for private roads shall be as provided by this Code. No.arterial or major collector road or street indicated on the future right-of-way mäpsof the Transportation Traffis Cir¡),lation Element of the 51. Lucie County Comprehensive Plan shall be permitted to be private. 3 No Change F-H No Change I, RIGHT-OF-WAY DEDICATION REQUIREMENTS 1. General Requirements a. Any applicant for a Development Order for property abutting a roadway designated on the Thoroughfare Network Right-of-Way Protection Plan shall dedicate sufficient land to account for the applicant's proportionate share of the right-of-way deficiency identified in the Thoroughfare Network Right-of- ORD 05·023a Underline is for addition Strike Through is for deietion See side notes for additional comments .., ----" - Comment [MSOffice6 J: Why limit this to 6 lanes, . What happens jf you have to have more than six lanes? _ Adding the highlighted phrase '"or more'" will remove any.possib1e confusion on the matter. i I· . : Comment [MSOffice8J: This is original language from 9/16105 public : bearing, This is proposed foramendmenti by County staff. .':" '_ .. J ì I Comment [MSOffice7]: Add~(" symbols. - Cornment [MSOffice9J: So long as the ability ·is sfill there to present altemativesections as part of a Plarined Unit Development project, I have no objection.t()thîsattbiš,tioïë, -Iftbat . ability is not \bore, \bon this is a problem. ! í /~. ~; / í, Iþ Dr¿; H " j/ ,/ Ir/'~ 1rP Draft (9/20/05) Page 6 I 2 3 4 5 6 7 8 9 10 II 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 53 54 J-K 7.05.04 SIDEWALKS AND BIKEWAYS '- Way Protection Plan for the proposed development. The County Engineer shall determine the applicant's proportionate share by utilizing the Thoroughfare Network Right-of-Way Protection Plan, the Traffic CirB~latieA Transportation Element of the St. Lucie County Comprehensive Plan, any traffic information available in the County records, and any traffic analysis submitted by the applicant as part of the development order approval process or otherwise. 2-5 No Change No Change A. Sille''valks SIDEWALKS BillI &¡ikewÌlvs 1, (\11 Ae'" ae"Ble~meAts 'l.'itl=iiA tho ~AiASl3r~eFateEl aroa of St. Lucio COURty are r-eEuireEl to EleSi§!R am;! COAstr~st sidowall~s witAin tho right of way of all streets that asut tAe Elevele~er's ¡¡roperty. These sill9'h'3Iks will be construsted parallel to all reads fraRtiA§! tAe ¡¡reject and all roads internal af the project exteREliR§! fr.grn prapeRY line tG property liRe. New sillewalks must be a FRíR¡m~m ef SIK (9) feet 'M àe and are req uirell an both silles af all reBEI'....ays that are classified as arterials or collectGrs, whether public Gr pri>'ate, eKse~t that siEle,:Ii¡lIls may be r-equireEl Gn Gnly GRe side ef read"'8)'s slBssilieEl as lesal streets. LGcal str-eot requirements are bBse¡ ~peR lesal ReeEls am;! OX¡stiR§! sanditieRs. Those r-equirements will be sSRsiElereEl as paR sf tAe CeIJAI'/s ElevelapFRent re'/ieV} process. /\11 new sille'''aIlŒ sl=iall se censtrIJGteEl af saRcr-eto aREI must cGnform to FIGn¡:ta Oe/lartR'lent of TraRspartatiaR aREI.'Gr St. Lucio CGURty standards. _ _ _ _ _ _ _ All newresidentiâldevelooments lhat arèreauired to obtain site plan åpprovat and .. located within the Urban Service Boundarx and all new non-residential'~ . develooment located within the unincorporated area of St. Lucie County and- within the Urban. Service Boundarv.! are reQuired to dssiGlR· anàiconstruct .', sidewalks within theriaht-of-wav of all streets and roadways that abut or lie within i" ' the perimeter of the prooerty. '; , . " \ 2. New sidewalks mUst be a minimum of six (6) feet wide alona streets classified as colleciorsand arterials. 3. Local street reauirements are based uoon local needs and existina conditions. Lócal streets shall have sidewalks five (5) foot wide alona one or both sides of the streetas deemed necessarv durina the County's development review process. 4. All new sidewalks shall be constructed of concrete, brick oavers or other materials acceptable to SI. Lucie County. All construction must conform to Florida Department of Transportation and/or SI. Lucie County standards. a, All sidewalks on internal private roads shall connect with the sidewalks in the abutlina public riaht-of-way. b. The County Enaineer may authorize a modification in sidewalk width to protect existina trees or to accommodate existina utilities. In no case shall sidewalks be less than four feet. ORD 05-023a Draft (9/20/05) Page 7 Underine is for addition Strike Through is for deletion See side noles for additional comments ...., .' - - -Comment [II4SOffiœl0]: Tbis is original language ITom 9/16/05 public boaring.Tbis language was cbangedby Staff into_ th~.reVised paragraphs below. " Comment [MSOffiœll]: The back : shaded areasareìnmor edit'comments for,: c1arity pmposes. ; Comment [MSOffiœ12]: The back . Shåded:aiêas' äremilloredit coÏnments fof claritypurposes. . '. 1 Comment [MSOffiœ13]: Tbe back i ;,', _:Slu~·dëdareôi5are I1ÎÎIL0r,edit ~cm1Ïriéri~f<1;';! ,'. clarity purposes. ; Comment [MSOffiœ14]: Tbe back i sbadedaieas aie:rninoredit-oommentsfori ~lioifŸ purposes: 1 Comment [MSOffiœ15]: The back i sbadedaiiÚþ;Ïi-e'rIliri6f 'edit oommentsfoi _ ·1 clarity puIJ>OSeS. ! ,-. 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 53 B. 54 c. [¡-he County Enaineer may authorize a modification in reauirement to construct a sidewalk or sidewalk seament as Dart of an individual nroiect reauirement the De"elgßR'lent Re'lie'" CeFRFRittee mRC) as ßart gf the._ _ ,. - ' E:ile pl::m review proceeD Dhall decl/ment an'! exemption of a development proiect from constructina E:pecific sidewalk se<:Imems based on phvsical constraints such as proximity to drainaae canals or structures where the construction of the particular sidewalk or sidewalk seament v:allls FeSl/lt in a disproportionate tJlJrsen en the se"elø,m'lent is demonstrated to the satisfaction of the county enoineer to be impractical. d. Sidewalks shall be constructed around the perimeter of a cul-de-sac. e. All sidewalks and ramps shall conform to the latest requirements published in the most recent edition of the Americans With Disabilities Act (ADA) Accessibility Guidelines. f. no sevele3er.will sear the oo¡;tfor se¡;ignanecon¡;truotion .of the þisewalk., cIR.e~~.a'Hlty ~·.yi!I_b.e_ r~¡;p.a~~i~l.a )PC PfJr:R.e!'!(1! _o_"'~n_e~hJ~ .a!l~ _ . - . . Fflaintenanoe of¡:¡roperly. constructee.. sisew::lIkswithin the. dedicated COl/nly right of way. Sidewalks within private right of way will rcmainthe maintenance responsibility of the appHcable developer and!or homeowneF&! pro¡:¡erty owners a¡;¡;ociatioR (¡;ee7.Qã.Q4E). The developer will bear the cost· for. desiQn· and construction of the sidewalk. Sidewalks on private property must be maintained bv the developer. property owner's association or other entity as approved by SI. Lucie County throuoh the operation and maintenance covenants of the community, subdivision association or other recoQnized manaaement entity. St.Lucie County shall maintain all sidewalks located within County maintained public riQhts-of-way unless otherwise aoreed to throuQh specific maintenance aqreements. g. Multi-Use Paths (10-12 feet\vide) may be required by the County in place of sidewalks when the multi-use path would be part of the adopted area- wide bicyCle/pedestrian system or Greenways & Trails plan. ~II required sidewalks shall . bec:onstructed <ill coniunction with the infrastructure for that phase of the development. The developer shall pos1a bondoÎ'ather (¡lIarantee aCceptablE! to the CountY âS· assurance of completion of the improvements in accordance INith Section 11.04.00. . _ _ _ . L The Board of County Commissioners shall authorize total or partial relief from the requirements of sidewalk construction if it finds, after receiving the recommendation of the IDß'Iolopment .·Revlc'to' .'. Committee .~ Enaim~eraC1º .Þ?~~_ on conditions .R.e.cu1la! .If? !l1.e. ¡:>rpposed_ developm_ent,_ that the proposed sidewalk construction is not in the best interest of the County, the applicant shall pay a fee-in-lieu to the County for sidewalk and! or qreenways & trails construction. Biki1'.v3'o's BIKEWAYS Draft (9/20/05) Page 8 ORD 05-023a Underline is for addition Strike Through is for deletion See side notes for add~ional comments ""'" Comment [MSOffice16]: The COUIlty engineer should be empowered to maketbese decisions. The decision on any requested exemptton needs to be made early in the' design process, [lot after thë project has undergone.a full site panrevie\\'cycle. (see sub-paragraphi below) ~ Comment[MSOffice17]: Tbîs is originaJ 1aJlguage from 9/16/05 public hearing.' , This language was changed by ! staff into the revised paragraphs belo~ Comment [MSOffice18]: Tbîs is relocated 1aJlguage from lbe91J 6/05 draft, Se¢bel~foístrikethrougb location . Comment [HSOffiœ19]: This Tt:cmnrnendationneeds ,to cCnrie: frOTn thë coonty engineer, not Ibe DRC. By the timetheDRCw "ewandat 00 the request. and then time it gets county-c()ÏIiÏIÛ5Isi ärelOö' to 180 days from eo filing 0 ¡plan, 1 2 3 4 5 6 7 8 9 ]0 II 12 13 14 15 ]6 17 ]8 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 C. 45 46 47 48 49 50 51 52 53 54 55 The construction ota multi-use path adiacent to an arterial or collector roadway internal or external to the development proiect does not relieve or otherwise release the reauirement for the provision of bike lanes alona said streets or roads; 7, Ällreauirecl bikewayS shallbec;onstructed illccmiunction with the infrastructure for that phase of the· development.· The developer shall post a bond or other auarantee acceptable· to· the. Countv as assurance of completion of the imp~ovementsinaccorclallœ with Section 11.04.001 - - - - - - - - - - - - - - - - - - - - - - - -1~o%":~lgz~¡;tW;5iS 8. s on rivate ro ert must be maintained b the develo er ro ert i draft. owner's association or other entity as approved bv St. Lucie County throuah the I See below f"orS1rÍketl1roughlocarion o[)erationalldlTlaintenance covenantsöf the community, subdivision association orotherrec;()ani±ed·· mallaaement entity. St. Lucie Countv. shall· maintain· all bikeways located withinCountv maintained public richts-of-wav unless otherwise acreed to throuah specific maintenance aareements.l_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. -' Comment [MSOffiœ2S]:Thisis reloCatedlaJ)guage from Ibe 9/16105 draft, '-' 1. All new developments within the unincorporated area of 5t. Lucie County or within municipalities that access County maintained roads and are constructina or reconstructina County maintained roads as part of tAe that development shall _ be required to desi"n and construct bike lanes as part of any new construction or- reconstruction worle Bike lanes shall be constructed and dediaated ta ~;¡. Luaie Goof\ty in accordance with the applicable SI. Lucie County Public Works Construction Standards. ans the moat reaent vernien ef the giayele/Pedestrian Plan aseßted ey the County. 2. ,^. sil~e lane shall se ¡¡revided ¡¡arallel te all streets classified as an arterial or eellector tRat asuts tRe development's read frontage. Bike lanes shall. be provided on all internal proiect streets and roads that are classified as arterials or collectors. Bike lanes shall be constructed in accordance with the applicable SI. Lucie County Public Works Construction !Standards!. _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _' _ . 3. Pavement markinos and sionaae shall complv with the standards established bv the Florida Department of Transportation (FDOT) and the Manual on Uniform Traffic Control Devices (MUTCD). 4. ¡Roadwavs constructed with closed drainaae (curb and autter)shall have a four- foat bike laneJ 5. Roadwa lane. 6. BiG'tela RaGka 1. Bis','slerasks sRall se refJuires for 311 non residential develo9mentunless it C3n se aemonÐtFateel tRat bic;o¡cle tr3ffic ·....ould not h3'¡e 3ccess to the ar-aDort\· aer ths St. LlJsie COlJnt·,; Comprehensi'¡o Plan .. Polic,; 2.2.1. 1. AElriaultural and ORD 05-023a Draft (9120105) Page 9 Underline is for addition Strike Through is for de~tion See side notes for additional comments .., Comment [MSOffice20]: Inserting the words "'County maintained" addresses Ibe fact Ibat the only roads that Ibe Count}' :has any jurisdictional control over in. the City are those that are county owned or maintained. - Comment[MSOffice21]:Have lboSestandards been updated? Where can they be found? - Comment [MSOffice22]: It Î5 my suggestion that typiCal ,seCtion jHustratÎonsbf: included bëre. ~ Comment [MSOffice23]: It is my suggestion that typical.section illustrations be included here. ',::.. '.. '.--::. ..J Seebclowfoc'strike through location I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 2. 33 34 35 36 37 38 39 40 E. 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 "'- a. TAore rnu¡¡tbe a miniA'lUffi sf ¡¡i/( lê) bi¡¡v¡¡le parkinG! ¡¡pot¡¡. b. BiGvcle P3rl\ÎnG! ¡¡hollld be located in clo¡¡e proximity to tho bllildim¡¡¡ entrance, c, Bicvcle sarkinG! facilities shall be located in Iliahl" "i¡¡ible 1,'.'011 liahted 3ma¡¡ to miniA'lize theft and'landalism. d, Bicvclesarkina faoilities SA all SIII/I/Srt bisvsle¡¡ in a stable I/¡mition wilhollt ¡jamaae te wAeels. frame er etRer ssrnl/Emenl¡¡. The st¡¡n¡jard bisvcle racl\ sAall be the In'lortea "t)" stvle as eistllFoa bolo·..... e. ^d¡jitieRal bis','clo I/arl~inø sl/ets rnav be neco¡¡¡¡arvana reE/'oIesleElEl'olrina the ¡js"elsl/meAI r.eview I/rGso¡¡sbv tAe PlaAnina M,1Raae~1 Bicvclo Po¡je¡¡tri311 CooraiAalsr or Pllblie 'A'sFlŒ aesiE/nee GrGwtA Manaaemenl Director. f. ¡¡¡ased sn the roview of the I/FssosedD3rkincf area dee:lan localion and sesllrit" featllres the Growth Manaaemenl Dìrector rnay red lice tile Rumber of r:eauiredautomobile Darkina CD3ces b'l one (1 )alltemobilè spaoe for eaoh six (ê)bic'lcle e:D3cessrovided, Time of Cene:truction j, ^ II FeEjlirea siae·....alks ana bil\9ways sf:1all be censtructed in conjllRstisA vAlh the infrastrllctllre for that I)hace of tf:1e development. The aevelsl)or sRall 1)0¡¡1 a bond or other guarantee acceptable to tRo CSUAty as a¡:,suraAœ of completion of Ihe improvements in asserdance witll Section 11.01.00, Maintenanse k. Sidewalks anâ bikeways On private prsperty .FI1I1¡¡t be maiRtaiRea by the. .. de'leloper and/sr . ¡¡rel)er-iYe"·Ae~Ð. .assssiatieA . ~reuªf:1..tl=le operationaAa ..FFlaiAteRaAse..e9\'eAants. TheCouFily ·.Publi¡¡; Werl\G Del)artFRsffi".j mainlaiR siae'll3lksanabikewaye J~cate~willlin tf:1e COllnty· ßllblic fi!;l=Its sf U'ay. SiElewalksanatlike>Na'/Ð· on· PRvatê I/rel/ert" mllst· be· maintaiAea·bv· tile as'Isleser· srosart·, owner's assasiatieA or Ðil=ler entity aSasl/ro'lea bv St. Lucie County 1I=Irolloh tl=leaeeratieAUana maintenance oovenants of thscommunit'{, Sl9ai'lÎsisfl å¡¡sociation or other recoonizédmaF1a"smsnt sntity. ðt. lugie Count\' shall maintain all·siâewalks· andbiks";ayslesate¡j within Count'lmainbil1éâPublioriallts SfWaVIJRlessetf:1sf1''¡se :ïcirOed is thrOflQh€Ðeëifkm3into-n:ance al:Ïre8r:F19Rtt. i_ _ _ _ _ _ _ _ _ _ _. ORD 05-023a Underline is for addition Strike Through is for deletion See side notes for additional comments Draft (9/20/05) Page , 0 ....; Comment [MSOffice26]: This who]e section is proposed for deletion to be replaced by Ibe follomng, see back. shaded areas below ( double underline) 1 C 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ')' _.J 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 "- BICYCLE PARKING 1. General Bicvcle oarkinQ standards shall aoolv to all new school multiole-familv commercial recreation and industrial uses reauirind site olanaooroval in the unincornorated areas of StLucie County All new automobile oarkina structures shall also be reQuired to orovide for bicvcle oarkina areas. a. Bicvcle ParkinQ Classes Bicj/cleparkin~L areas sha[ be classified as Class m>.Q!l1t!e.JoJJQwing; 1, Clas5J-=..LD..ng - le!:rrL.E'arking bicvcleand· itscòrnoonents _and aç_ces~ori€!s The facilitv Dfotection from the elementsincludina wind and driven rain 2 Class II - Short 'Term Parkino ORD 05-023a Underline is for addition Str1këñiiüUgh is for deletion See side notes for additional comments ...., Draft (9/20/05) Page 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 \w 2 _"J;¡jçy_clE;tE'_arkina S t a nda rds Buildina Area <:: ?~ Don sf ?5001 350 000 sf > 350 000 sf 5% (")1 rp.!'mirAd :1111'(") .cOmme.rciHtlOffice Darkina {minimum of 1-®'ill.œJ:lu.iœJJ 1~'4...c>.! œauiI,e_cLo,L!\Q 1wCIs[)aces ;:nJtð 'n<=l:rki no ~ reQuired; Industrial 5% of reauired autD 5.% of reauired auto 5-%.Dlre_Quiœd3tuIQ ~ ~ ~. Be~ 15°/... of n=mnirp.d 15%öf reDuired 1 5°fnnf rAauirAd at ,!o auto oarkinc autocarkina ~ Scl!ooJ 1 SDaœ D8r 1 0 students (based on nss.ianC'L![)2Icitv of buildinal r.omnlex\ MLJltì~F~milvRe~idential 1 soaœforeverv unit (soaces shall be loc:atød in nrmdmìtv to hllÎlrtínn (~ .entr;:mr.p-sì .. 3. Bicvcle.1'.<J.rkínaStandards/Bv Cjass .. : Huildirio Area .: .<:>5 ODD !=:of 25001 350 000 sl > 350 000 sl -r.nm,Yn:~rr.i~l/()ffi~ 10,0% Class II 50% Class I 25% Class I ....: 50% Glass II 75% el::i~C; II ... . , ItlduS1lial ~Ja&ll 50% ;r.l::Issi¡ ?5% r.1::iss'I ....... . 50%Cla:s~ -II 75'%Cla!;~ :11 70% CI;;!R~ ;1 . Recrë~tinn;;:¡1 .... 5D%r:l::Is~ 'I 75°/,., Class :1 ~lassJJ ... 50% Class II 25°/c, el;:¡~~1I Sc!lQQj .... I lOO~ CJa&ll ... Multi,EamilyÆesiàentiaJ --;; 1 00% Cj:il~~1 1 i r ..... 1 hi rnu~¡DiP.-f~milv _dev~lr.rirnp.nt!=;the Cl;;~~I'bi~clê- riärkin¿imävbeeorïibinedtnt6Qne' mUlti. SD.:il'A ~nr~De fa.c:ilitv crovided that the total soace reouirementsh;;11 be the!=;lIm of the- ,reouirp.ments comouted 'seoaratp.lv The oreferred r.1::I!=;!=; 'lfarJlitv-:¡~ a hir:vcle lOI'.kp.r RAstricted ~œss faciHties and eriêbSëd êaciéšrriåvbë- rr.nsidArAd 'as alternatives to 'bicvcle' 'lockers Class I facilities nthp.r'than lockP-ffi Tp.stridp.n, ar:.cess rooms' nrendo~d(',aaes bllt nrovidina the s;:¡mA 1AvAl c~ securitv 'mav "be' aDDrovedbv theGmVJth ManaaemArit Dir~ör 4., Placement and arranaement of BicvcleRacks ORD 05-023a Underline is lor additic>n Strike Through is lor deletion See side notes lor additional comments ....., Draft (9/20105) Page 12 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 53 54 55 56 57 58 59 60 \w a Dhvsical barrier or bv at least five (51 feet where automobile oarkina is orohibited to oratect narked bicvcle from damaae bv vehícles Whenever Dossible the bicvcle Darkina facilities should be Dlaced within 50' of buildina entrances where bicvclists would naturallv transition to œdestrian mode The bicvcle oarkina rack Dlacement would ideallv allow for visual monitorina bv oeoole within the buildina and/or oeoele enterina the buildina All bicvcle oarkina should be o!LQQD.ÇJEUor eauivalent surface tyee) and located a minimum of 24" from a oarallel wall and 30" from a oeroendicular wall The standard bicvcleDarkina rack to be used for Class II bicvcle Darkina facilities is the "inverted U" stvle bicvcle rack (see fiaure 7-x1 The "inverted U" rack is desianed to secure twobicvcles tacinaeach other'and fastened to vertical SÙDDOrts bva'''U lotk"or cable Each inverted U orovided will count as two (2) bicvcle Darkina s[)aces ~, Thp~tanrl;irrlitivprtpi{' f tvnp hikp :~rk-~rJnnnrl-c; thphilë-p fr;,mp ;,ttwnlor.?Jtionr:; and ai/owe: lJ4;prç to~p.r.lJrpthp-ir hila'''::; wffh pithpr:;:i rBhlp. nr H 'tvnp Inrk Inverted "U" One rack element supports two bikes Insert diaaram for bike 'rack" á"rea ORD 05-023a Underline is for addition strike Through is for deletion See side notes for additional comments ....,¡ Draft (9/20/05) Page 13 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 \.,.- Wave sMe racks are nDt recDmmended Bicvclists cDmmDnlv use a 'wave" rack as if it were a sinale inverted "U" This limits the actual caoacitv af the rack to two bikes reoardless of the ootential or stated caoacitv Bicvcles oarked oeroendicular to a wave rack (as intended bv the manufacturer} are nDt suooDrted in two Dlaces and are more likely to fall over in the rack. The advertised caoacity of a wave rack is usually much hiaher than the Dractical caoacity The followina illustrations hiahliaht those bike racks that are not to be used to meet Ihe reauirements of this section Insert fiaure"wave" Insert fiaure'toast" ClasS I bic:ycleDarkina facilities shall be located in manner that does notcanflictwith Dedestrian or traffic movements at the site on which they are located Class I bicvcle Darkina facilities that are comorisedof enclosed bicycle lockers may be located dreater than 50 feet from a buildina entrance but should bena mDre the 250 from those entrances ;5 Oth~QJ.!ìœmenls. b Liahtino Wherelíohtina facilities are orovided for the oarkina area they shan be desianed and installed so as to reflect the liaht away frDm any contiauous residentiallY zoned DroDerty c Access Conyenientaccess to bicvcleDarkina facilitieS shan be Droyidedand shall minimize trayel distances from adiDinina sidewalks and bathways to the bicycle oarkina facilities Where access is via a sidewalk or Dathway· curb ramos shall be installed as aDDrODrìate d Sianade Where riot clearly visible from the Dublicridht-òf-walf directianal sìanaaeshall be Drovided to direct bicyclists from the riohl-of-way to thé bicycle Darkina faCility 6 Reduction in reauired automobile oarkina ORD 05-023a Underüne is for addition Strike Through is for deletion See side notes for additional comments ...." Draft (9/20105) Page 14 1 2 3 4 5 6 7 8 9 10 II 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 ~ ~ reduced atlbfuatiQ cLoDe_D} automobile parkina space for each six 16} bicvcle parkina soaces provided except that under np circumstances may the reauired number of parkina. spaces be reduced bv more than five 15} percent of theaross oarkina reauirement. 7. U_s~QiAlternative (Non-inverted U) Bicvcle Parkina Racks. As stated above thelnvarted Uis the first choice for all applications At the discretion of the Growth Manaaement Director other bicvcle security devices may be approved for use in unusual circumstances Anv such alternate security device submitted for approval must provide for: 1. 2. 3. 4. 5. 6. 7.05.06 DRIVEWAYS A No Change B, BUilDINGS, BUilDING REGULATIONS CoD No Certificate. of Occupancy Dr final inspection shalF be issued by the COFRF1'IlInity Ds'·elopment Public Works DeDartmentuntil the completed curb cut or driveway has been inspected and approved by the County Engineer. The property owner shall notify the County Engineer upon completion of the curb cut or driveway and at least twenty-four (24) hours prior to the requested inspection. No Changes 7.05.08 STREET NAMING AND IDENTIFICATION A-G No Changes H. AUTHORITY FOR NAMING AND NUMBERING STREETS 1. New streets shall be assigned names or numbers in compliance with the provisions of this Gode by the Grawth Manaaement CSFRFRlIAity ¡}evels¡;¡FRent Director. The Growth Manaaement Commllnity Develo¡;¡meAt Director is hereby granted the authority to rename duplicate or similar sounding streets or renumber existing streets to comply with the provisions of this Code. In the case of duplicate names or similar sounding names where one (1) or more streets must be renamed and one (1) street shall retain the name, the Growth Manaaement Community Development Director shall consider such factors as the historical significance of the name, the number of years the street has held that name, and the relationship name to the names pf adjacent streets. ORD 05-023a Underline is for addition Strike Through is for deletion See side notes for additional comments ...¡ Draft (9/20/05) Page 15 ---- '-' 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 ~') -'- 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 2. Individuals residing on the street or developers of a subdivision may participate in the naming or renaming process by providing suggestions for street names to the Growth Manaoement Community Develo)ment Director. Interested individuals should submit three (3) names with the first choice listed first, second choice listed second, and third choice listed last. The Growth Manaoement Community Development Director shall assign the name after considering the choices provided and verifying compliance with the provisions of this section, I -J No Changes 7.05.09 HOUSE AND BUILDING NUMBERS A No Changes 2. House and building numbers for all residential orcomrnercial uses in the unincorporated areas of St. Lucie County shall only be assigned by the Growth Manaoement Community Develo)ment Director, and shall be assigned at the time the building permit is issued, 3 No Changes B-D No Changes ***************'******""************* PART B. CONFLICTING PROVISIONS. Special acts of the Floridalegislature applicable only to unincorporated areas of St. Lucie County, County ordinances and Countyresdlutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinar"1œto the extent of such conflict. PART C. SEVERABILITY. If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall beheld to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinanee shall be applicable in the unincorporated area of SI. Lucie County. PART E. 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 F. EFFECTIVE DATE. ORD 05-023a Underline is for addition Strike Through is for deletion See side notes for additional comments ,jj ...,; Draft (9120105) Page 16 "'-' I 2 This ordinance shall take effect upon filing with the Department of State. ~ .) 4 5 6 7 8 9 JO 11 12 13 14 15 16 17 ]8 ]9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Frannie Hutchinson XXX Vice Chairman Doug Coward XXX Commissioner Joseph E. Smith XXX Commissioner Paula A. Lewis XXX Commissioner Chris Craft XXX PART H. CODIFICATION. '. ...,J Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to ·section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. ' PASSED AND DULY.ENACTED day of .2005. OF COUNTY COMMISSIONERS ST. LUCIE COUNTY,FLORIDA Deputy Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ORD 05·D23a Underline is for addition Strike Through is for deletion See side notes for additional comments Draft (91201D5) Page 17 ~ 1.224.038/28.1 ~ 498P84/11A ~ 2.36U4O/MO - 1,7tW08I89.3 - 788,656117.6 - 174,240/4.0 - 831,996119.1 - 574,992113.2 - 78.408/1.8 _ 784.080118.0 - 1.006,236/23.1 - 69,599/1.6 87,120/2.0 1,995.048145.8 217,800/5.0 73\808116.8 932,184/21.4 1,089.000/25.0 69,696/1.6 309,276n.1 34,848/0.8 0.0 52,2721\2 305P47n.o 71J1 801J1 81J1 SOIJl 5511. 86" 8" 351J1 351J1 01Jl 5" 78111 - 753,588117.3 117,61212.7 141J1 - 596,772113.7 100.18812.3 15111 " " - 392.040/9.0 121,968/2.8 2111. - 513,OO81tt8 126,324/2.9 201J1 - 435.600110.0 1,698,840/39.0 801J1 - 300P64/6.9 161,172/3.7 351J1 - 1,481,040/34.0 331,056n.6 181J1 ,461,920/332.0 8,180,568/187.8 36% Harbor Branch St Lucie County Master Plan Sheet 1 of 2 \-: - \.f ...., ~-'~- ...~ -.- - -",'- . ,.--- ""----_..~~ -.--::. - - -- - AGENDA REQUEST ITEM NO. .5..D DATE: September 20, 2005 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD Of COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Growth Management Michael Brillhart SUBJECT: Development Agreement with Johnson Road Development Group, L.L.C. (Rocking Horse Ranch) BACKGROUND: See attached memorandum fUNDS AVAILABLE: PREVIOUS ACTION: N/A RECOMMENDA TION: Staff recommends that the Board proceed with the second public hearing which will be held on Tuesday, October 11, 2005 at 6:00 p.m. [ ] APPROVED [ ] DENIED [}Q OTHER: No action required 2"" Public Hearing to be held on 10/11/05 at 6pm or as soon there after that it might be heard. ~ Review and Approvals Jc::::J Management & Budget CONCURRENCE: 1 ÄOUglaS Ander~ County Administrator COMMISSION ACTION: County Attorney: Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eft. 5/96 t '-' ...., , iJ(Iíì'U&'~'····· COUNTY ~. FLORIDA INTER-OFFICE MEMORANDUM ST. I.UCIE COUNTY, FI.ORIDA TO: Board of County Commissioners FROM: Michael Brillhart, Strategy & Special Projects Director DATE: September 20, 2005 SUBJECT: Development Agreement with Johnson Road Development Group, I..I..C. (Rocking Horse Ranch) ****************************************************************************** BACKGROUND: Johnson Road Development Group, LLC. (Rocking Horse Ranch) has proposed to fund improvements to the intersection of Johnson Road and Indrio Road through a development agreement. These improvements are necessary to mitigate traffic impacts of the proposed Rocking Horse Ranch PUD upon the intersection. A copy of a proposed development agreement is attached. Under the terms of the proposed agreement, the Developer will pay the County Four hundred fifty thousand and 0/100 ($450,000.00) dollars to pay for the design and construction of the intersection improvements. Approval of the Agreement will require two public hearings. The Board granted permission to advertise on July 28, 2005. RECOMMENDATION/CONCLUSION: Staff recommends that the Board proceed with the second public hearing which will be held on Tuesday, October 11, 2005 at 6:00 p.m. ¡¡}F~ Nlichael Brillhart Strategy & Special Projects Director DSM/caf Attached '-' ...., DV A 05-01 DEVELOPMENT AGREEMENT BETWEEN BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AND JOHNSON ROAD DEVELOPMENT GROUP, L.L.C. THIS AGREEMENT is made and entered as of this 11th day of October, 2005, by and between the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA (the "Board"), and JOHNSON ROAD DEVELOPMENT GROUP, L.L.C., a Florida Limited Liabilty Company (the "Developer"). WHEREAS, the Board and the Developer recognize the following: A. This Agreement is entered into in accordance with the Florida Local Government Development Agreement Act, 163.3220-163.3243, Florida Statutes (Act), and Section 11.08.00 (Development Agreements) of the St. Lucie County Land Development Code (LDC). B. The Developer ownS certain real property (Property) located in St. Lucie County, Florida, described in the attached Exhibit" A" (Property). C. The County has determined that improvements to the intersection of Johnston Road and Indrio Road are needed in order to mitigate the traffic impacts of the proposed Rocking Horse Ranch Residential Sudivision upon the County Roadway System in accordance with the County's Adequate Public Facilities Ordinances. D. In order to foster comprehensive and sound capital facilities planning and financing, to ensure the provision of adequate public facilities for development concurrent with the impacts of development, to encourage the efficient use of resources, to reduce the economic cost of development, and to afford certainty in the approval of development, the Board and the Developer desire to establish by agreement the terms under which the Property may be developed. E. On September 20th, 2005, the Board held the first public hearing on this Agreement, after publishing notice approximately seven days prior to the first hearing. Notice of intent to consider this Agreement was mailed by the Board at least 15 days prior g:\atty\agreemnt\AG Dev Group Page 1 of 12 - '-' ....,; to the first hearing to all property owners, as reflected on the current years tax roll, lying within 500 feet of the Property. F. On October 11, 2005, the Board held the second public hearing on this Agreement, after publishing notice approximately seven days prior to the second public hearing and after announcing at the first public hearing the day, time, and place of such second public hearing. NOW, THEREFORE, in consideration of the mutual covenants entered between the parties, and in consideration of the benefits to accrue to each, it is agreed as follows: 1. Accuracy of Recitals. The above recitals are true and correct. 2. Mandatorv Provisions. a. Lec¡al Description and Owner. The land that is the subject of this Agreement is described in the attached Exhibit "A". The owner of legal and equitable title to the Property is JOHNSON ROAD DEVELOPMENT GROUP, L.L.C., a Florida Limited Liability Company. b. Duration. This Agreement shall expire ten (10) years after the effective date provided in Section 11, unless earlier terminated as provided in Section 8. c. Uses. Densities. Intensities. Heic¡ht. and Architectural Standards The development uses permitted on the Property, including densities, intensities, and height, shall be as follows: Uses Allowed: Sinc¡le Family Residential 160 Single Family Dwelling Units Density Allowed: One (1) Unit Per Acre Intensity Allowed: g:\atty\agreemnt\AG Dev Graup Page20f 12 '-' ...,¡ Hei9ht Allowed: As is currently allowable under the St. Lucie County L.D.C. Architectural Standards d. Future Land Use Map DesiQnation. The land use designation of the Property under the future land use element of the St. Lucie County Comprehensive Plan is RE ("Residential Estate"). ZoninQ. The current zoning of the propertyA~ Agriculture"). Site Pion. V On or before Septembe 20,2005, the Developer shall submit and obtain Board approval of a conceptual site an for the Property consistent with the provisions of Section 2c herein. On or bef re October 11, 2005, the Developer shall submit and obtain Board approval of a' site plan for the Property consistent with the approved conceptual site plan and the provisions of Section 2c herein. e. f. g. Public Facility AdeQuacy. Development of the property is contingent upon completion of the improvements identified on Exhibit "e". h. Local Development Permits. The local development permits required for the development of the Property are: (1) Rezoning - to RE "Residential Estate" (2) Regulatory permits - surface water management permit(s) from the South Florida Water Management District. The g:\atty\agreemnt\AG Dev Group Page 3 of 12 "-" ...,.¡ (5) (6) need for other regulatory agency permits shall be determined based upon final site construction plans. Subdivision plat approval - will be required prior to the sale of any lots or properties. final development order - required prior to commencing construction. Site plan approval - required prior to commencing construction. Building permit - required prior to commencing construction. (3) (4) i. Responsibility for Local Development Permits. All local development permits shall be obtained at the sole cost of the Developer and in the event subdivision plat approval and/or a building permit is/are not received, no further development of the Property shall be allowed until such time as the Board has reviewed the matter and determined whether or not to terminate this Agreement or to modify it in a manner consistent with the St. Lucie County Comprehensive Plan. j. Consistency with Comprehensive Plan. The Board finds that the development of the Property as provided in this Agreement is consistent with the St. Lucie County Comprehensive Plan. k. Consistency with LDC. Provided that the Developer submits and obtains Board approval of a site plan in accordance with Section 2c of this Agreement that complies with the County's Land Development Code ("LDC"). The Board finds that the development of the Property as provided in this Agreement is consistent with the LDC. I. Compliance with Other Law. failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the Developer of the necessity of complying with the law governing such permitting requirement, condition, term, or restriction; and any matter or thing required to be done under existing ordinances of St. Lucie County shall not be otherwise amended, modified, or waived unless such amendment, modification or waiver is expressly provided for in this Agreement with specific reference to the code provision so amended, modified, or waived. g:\atty\agreemnt\AG Dev Group Page 4 of 12 ÍIw' ...." m. Necessary Conditions. The Board reserves the right to impose conditions and requirements on any development order as necessary to protect the health, safety, and welfare of the public and the citizens of St. Lucie County. 3. A9reement to Construct and Fund Improvements. The Developer agrees to design, permit, and construct the improvements identified on Exhibit "C". Furthermore, The Developer agrees to pay the entire cost for the design and construction of the improvements identified on Exhibit "C". This cost is currently estimated to be $450,000.00. This obligation shall survive the revocation or termination of this Developer Agreement. 4. Road Impact Fee Credits. In exhange for the Developers payment for design and construction of the improvements identified on Exhibit "C", the County shall grant the Developer Road Impact Fee credits in the amount of $450,000.00. Said Road Impact Fee Credits shall be transferable from the Developer to any lot owner in the Rocking Horse Ranch Residenti Subdivisio ese credits may only be used in association wit~h houses ~ . ted i~ t e cking Horse Ranch Residential Subdivision. 0Y~f1,r 5. . Site Pia mi tal. On or before October 11, 2005, the Developer agrees to provide a site plan (the "Site Plan") to the Board in accordance with the provision of Section 2c of this Agreement showing the proposed development of the Property. The Developer further agrees that the plan for development of the Property as shown on the Site Plan will not be changed unless approved by the Board in its discretion by action of the Board separate and apart from any regulatory approvals required for the development of the Property by the Board or any other regulatory agency. 6. Road RiQht-of-Way Dedication. Within forty-five (45) days from the date of this Agreement, the Developer agrees to dedicate and convey to the Board a 1.24 acre May 3, 2005 strip of land for right-of-way purposes as shown on Exhibit "B". The conveyance shall be by general warranty deed in recordable form and shall be free and clear of all liens and encumbrances. At least fifteen days prior to the conveyance, the Developer, at the Developer's expense, shall deliver the following to the Board: a. Commitment for title insurance showing that the Owner has marketable title to the right-of-way parcel. Within forty-five (45) days after closing, the Developer shall deliver a title policy to the County consistent with the commitment naming the County as the insured. g:\atty\agreemnt\AG Dev Group Page 5 of 12 ~ '....I b. Sealed survey certified to the Board showing no encroachments. c. Phase I Environmental Audit certified to the Board showing no evidence of hazardous waste contamination on the right-of-way parcel. d. Beneficial Interest Affidavit, if required. 7. Impact Fees. No building permit shall be issued for development of the Property unless and until any and all impact fees required under then applicable ordinances have been paid by the Developer or its assigns. Nothing in this Agreement shall constitute a waiver by the Developer of its right to apply for road impact credits for the dedication pursuant to the St. Lucie County Code of Ordinances (the "Code"). If the Board determines that the dedication is eligible for credits against road impact fees pursuant to the Code, the parties agree to enter into a separate Road Impact Credit Agreement. 8. Adequacy of Public Facilities; Continued Reservation of Capacity. The following items in regard to the adequacy of public facilities in this area are acknowledged: a. Drainage: The Property is located in part within the identified 100 year flood plain. All construction activities will be in accordance with applicable St. Lucie County and South Florida Water Management District permitting standards and regulations. b. Potable Water: The project is not required to extend or connect to the potable water system. c. Sanitary Sewer: The project is not required to extend or connect to the sanitary sewer system. d. Solid Waste: Sufficient capacity exists in the St. Lucie County Landfill to service the anticipated demands of the Property. e. Parks: Sufficient capacity exists within all required level of service categories for the proposed number of residential units. f. Mass Transit: Not applicable. g:\atty\agreemnt\AG Dev Group Page 6 of 12 ~ .....,¡ g. Roads: Subject to completion of the improvements identified on Exhibit "C", sufficient roadway capacity will exist to support the proposed development of this project. 9. Amendment of Cancellation by Mutual Consent. This Agreement may be amended or cancelled by mutual consent of the parties, and shall terminate upon the issuance of the last Certificate of Occupancy for last residential building as shown on the Site Plan Materials. Prior to amending this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. No further development permits that would result in the generation of any additional required Level of Service impacts will be issued until a new Final Development Order has been issued. Any application for a new Final Development Order, except for a modification to an existing building, structure, or site facility that does not require a new concurrency review, will be subject to all applicable standards and regulations in effect at the time the application is filed. Any application for Final Development Order, for a modification to a building, structure, or site facility built or constructed in accord with the terms of this development agreement shall be subject to any applicable St. Lucie County construction standard or code in effect at the time the application is filed. 10. Involuntary Revocation of Development AQreement. The Board may revoke this Agreement if the Board determines through its annual review of this Agreement that the terms and conditions of this Agreement, including all amendments or extensions thereto, have not been complied with. Prior to any revocation of this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. At the public hearing(s), the Developer will be given an opportunity to rebut the determination that the requirements of this Agreement, or any amendments thereto have not been complied with. If the Board determines that revocation of this Agreement is not necessary, the Board may amend the terms of this Agreement to provide for any reasonable condition necessary to assure compliance with the requirements of this Development Agreement, and any extensions or amendments thereto. Either party or any aggrieved or adversely affected person may file an action for injunctive relief in the Circuit Court for St. Lucie County to appeal the revocation or amendment of this Agreement. The provisions of Paragraph 4 requiring Board approval of any change in the Site Plan shall survive the revocation of the Agreement. 11. Term. g:\atty\agreemnt\AG Dev Group Page 7 of 12 - '-' ..",,¡ The term of this Agreement shall be ten (10) years from the effective date. This Agreement may be extended by mutual consent of the Board and the Developer, subject to public hearing in accordance with Section 11.08.02 of the LDC. 12. Recording; Submission to Florida Department of Community Affairs. Within 14 days after the Board enters this Agreement, the Clerk to the Board shall record the Agreement in the Public Records of St. Lucie County. A copy of the recorded Agreement shall be submitted to the Department of Community Affairs within 14 days after the Agreement is recorded. If this Agreement is amended, cancelled, modified, extended, or revoked, the Clerk shall have notice of such action recorded in the public records and such recorded notice shall be submitted to the Florida Department of Community Affairs. 13. Effective Date. This Agreement shall be effective 30 days after its receipt by the Florida Department of Community Affairs. Notice of the effective date of this Agreement shall be provided by the Board to all effected parties to the Agreement. 14. Annual Review. In accordance with Section 11.08.08 of the LDC, the Board shall review the development that is subject to this Agreement every 12 months, commencing 12 months after the effective date of this Agreement. The Board shall begin the review process by giving notice, a minimum of 30 days prior to the anniversary date for the effective date of this Agreement, to the Developer of its intention to undertake the annual review of this Agreement and of the necessity for the Developer to provide the following: a. An identification of any changes in the plan of development as contained in the Site Plan Materials, or in any phasing for the reporting year and for the next year. b. If the Site Plan materials provided for phasing, a summary comparison of development activity proposed and actually conducted for the year. g:\atty\agreemnt\AG Dev Graup Page 8 of 12 '-' ~ c. Identification of undeveloped tracts of land that have been sold to a separate entity or Developer. d. An assessment of the Developer's compliance with each condition of approval set forth in this Agreement. e. Identification of significant local, state and federal permits which have been obtained or which are pending by agency, type of permit, permit number and purpose of each. Any information required of the Developer during an annual review shall be limited to that necessary to determine the extent to which the Developer is proceeding in good faith to comply with the terms of this Agreement. For each annual review conducted during years 6 through 10 of this Agreement, the Board shall prepare a written report in accordance with rules promulgated by the state land planning agency. The report shall be submitted to the parties to the Agreement and the State land planning agency. If the County finds on the basis of substantial competent evidence that there has been a failure to comply with the terms of the Agreement, the County may revoke or modify the terms of this Agreement. 15. Effect of Contrary State or Federal Laws. In the event that any state or federal law is enacted after the execution of this Agreement that is applicable to and precludes the parties from complying with the terms of this Agreement, then this Agreement shall be modified or revoked as' is necessary to comply with the relevant state or federal law. Prior to modifying or revoking this Agreement, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the LDC. 16. Enforcement. Either party, any aggrieved or adversely affected person, or the state land planning agency, may file an action for injunctive relief in the Circuit Court for St. Lucie County to enforce the terms of this Agreement or to challenge compliance of this Agreement with the provisions of the Act or Section 11.08.00 of the LDC. In the event the Board or the Developer is required to seek enforcement of the provisions of this Agreement, the prevailing party shall be entitled to recover from the other party all costs of such action, including reasonable attorney's fees. 17. Notices. g:\atty\agreemnt\AG Dev Group Page 9 of 12 ~ ..J The parties designate the following persons as representatives to be contacted and to receive all notices regarding this Agreement: For the Board: County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 with a copy to: County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 For the Developer: Mark A. Brackett Johnson Road Development Group. L.L.C. 1974 14th Avenue Vero Beach, Florida 32960 With a copy to: Fred L. Kretschmer Vero Beach, Florida 32960 18. Successors and AssiQns. This Agreement shall be binding upon the parties and their successors and assigns. In the event of assignment of this Agreement, the Developer shall provide notice to: County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 g:\atty\agreemnt\AG Dev Group Page 10 of 12 '-' ....,I IN WITNESS WHEREOF, the parties hereto have caused the execution of this Agreement by their duly authorized officials as of the day and year first above written. Signed, sealed and delivered in the JOHNSON ROAD DEVELOPMENT GROUP, L.L.C. a Florida Corporation presence of: By: Print Name: Witness Print Name: Witness ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of ,2001, by ,Johnson Road Development g:\atty\agreemnt\AG Dev Group Page 11 of 12 ~ ...",¡ Group, L.L.C., a Florida Corporation, who is _ personally known to me, or _ who has produced as identification and who _ did/_not take an oath. Notary Seal Notary Public, State of Florida Print Name: My Commission Expires: g:\otty\ogreemnt\AG Dev Group Page 12 of 12 ~ ......, Exhibit A Scope of Services Task I-Survey We wiIJ obtain design survey information to support and facilitate contemplated design and permitting activities associated with the proposed intersection improvements. Collected survey within the project limits will include existing Right-of-Way identification, establishment of Horizontal and Vertical control, and the identification of all above ground appurtenances, such as edge of pavement, striping, utilities, and other topographic elements. The project design limits shall begin at a point along Indrio Road that is approximately 1600 feet west of Johnston Road and continue east along Indrio Road to a point 1200 feet east of Johnston Road. Johnston Road will be surveyed 1200 feet north of Indrio Road and 150 feet south ofIndrio Road. Due to the nature of the heavy traffic that consistently operates at this intersection, much of the survey field work will need to be performed on weekends. Task 2 - Geotechnical Geotechnical exploration will be performed as needed to facilitate roadway improvements and signal design. This may include tests such as: · Standard Penetration Test (SPT) borings for mast arm design. . Groundwater determination. Task 3 - Intersection Design Roadway construction plans will be prepared to expand the intersection of Indrio Road and Johnston Road to the proposed expanded intersection geometry. These improvements will include the design of the following intersection configuration: North leg: Addition of a single right turn lane (60 ft of storage plus 185 ft of deceleration) East leg: Addition of a single right turn lane (60 ft of storage plus 405 ft of deceleration length) "-" "ttttII West leg: Addition of a single left turn lane (175 ft of storage plus 405 ft of deceleration length) Roadway transitions will be required on the north, east and west proposed legs to transition out the widening required for the introduction of a left turn lane to the existing 2-lane configuration at the intersection. The turn lane storage lengths have been computed from existing peak hour volumes. The design speed for both roadways will be 5 mph above posted speed. The design will incorporate the following: 1. Roadway plan sheets depicting the intersection and roadway improvements. 2. Cross-sections at 100 ft. intervals. 3. Signing and marking plans using current FDOT and MUTCD criteria. 4. Stormwater runoff is currently being collected in roadside swales and conveyed to the local canal system. The widening improvements will account for adjustments to the existing swale system to maintain existing conveyance. 5. Stormwater permitting will be coordinated through South Florida Water Management District (SFWMD) and the local governing agencies. During the course of the permitting we will attend the necessary pre-application and coordination meetings with the agencies as needed. The applicable permit applications will be prepared by Kimley-Horn with 8t. Lucie County as the applicant. 6. Plans will be produced in English units at a 1 "=40' scale on 11" x 17" sheets. 7. Plans will be submitted to the County in conjunction with submittals to the Florida Department of Transportation for review and comment. 8. A reproducible set of plans, a copy of the electronic files and a copy of the technical specifications needed for the bid documents will be delivered to the County upon 100% completion of the design. 9. Upon completion of construction of the project and receipt of the As Built drawings from the contractor, we will make the necessary certifications to the permitting agencies. "" ....; Exhibit B Compensation We will provide the services described in Task 1 through 3 for a lump sum amount of $80,400 inclusive of expenses. For infonnational purposes a breakdown of the individual tasks are provided below. · Task 1 - Survey · Task 2 - Geotechnical · Task 3 - Intersection Design $18,000 $5,000 $57,400 "-" ...,¡ Exhibit C Schedule Survey is expected to take approximately 30 days from the time that notice to proceed is given. Design up to a permitting level is expected to take approximately 90 days once the survey is complete. Upon receipt of permitting agencies responses, 100% plans are expected to take approximately 30 days. - ) '-'" J ~ t .-C, ~.. ·s ~¡ . .~ ·Æ,~~ ~ - 'WI ..... ~ '-" ~ Agenda Request Item Number: Meeting Date: , 56 Sept 20, 2005 Consent Regular Public Hearing Leg. [ ] [ I [ ] [XI Quasi-JD [ X ] SUBJECT: Board of County Commissioners Growth Management Consider Draft Resolution 05-154, grant' the petition of BJK, Inc. for Final Planned Unit Development and Preliminary Plat approval for the project known as Creekside. To: Submitted By: BACKGROUND: BJK, Inc. is requesting approval for a Final Planned Unit Development for an 800 unit residential subdivision (443 single-family units, 357 townhouse units, a 5.5 acre commercial/community recreation area and a 5.1 acre park) 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 detennined to meet all applicable standards of review. FUNDS AVAILABLE: N/A PREVIOUS ACTION: At the October 21, 2004 public hearing, the Planning and Zoning Commission forwarded the petition with a recommendation of approval by a vote of 8-0, with one member absent (Mr. Akins). On November 15, 2004 this petition was presented to the Board of County Commissioners. AI that meeting the Board voted 5 to 0 in favor to approve the petition of BJK, Inc. for Preliminary Planned Unit Development approval subject to certain limiting conditions as outlined in Resolution 04-219. RECOMMENDATION: Adopt Resolution 05-154 granting the petition of BJK, Inc. for Final Planned Unit Development and Preliminary Plat approval for the project known as Creekside. D APPROVED D DENIED 00 OTHER Request from applicant to continue to October 4, 2005 at 9 a.m. or as soon thereafter that it might be heard. /... zeURRENeE (/ ~ ouglas M. ~n County Administrator COMMISSION ACTION: Coordinationl Signatures County Attorney LY Mgt. & Budget: Finance.: ~ Fire Dept: ~ Environ, Resources; ~) Utility: ~ Engineering: Road & Bridge: Creek Purchasing: Public Works: Other: .. \.. , '-' ...,J COUNTY COMMISSION REVIEW: September 20, 2005 File Number: PUD-05-017 GROWTH MANAGEMENT DEPARTMENT Planning Division __' _ -.h',' .,,_,,^~ _ _ MEMORANDUM TO: Board of County Commission FROM: Assistant County Administrator DATE: September 13, 2005 SUBJECT: Consider Draft Resolution 05-154 granting the Petition of BJK, Inc., for Final Planned Unit Development and Preliminary Plat approval for the project known as Creekside. LOCATION: South side of Okeechobee Road (SR 70), Yo mile west of Gordy Road. ZONING DESIGNATION: AG-1 (Agricultural-1 du/acre) and RlC (Residential Conservation -1 du/5 acres) PROPOSED ZONING: PUD (Planned Unit Development - Creekside) LAND USE DESIGNATION: RS (Residential Sub-Urban), RU (Residential Urban) and RlC (Residential Conservation) PARCEL SIZE: 364.23 acres PROPOSED USE: aDO-unit residential subdivision (gross density of 2.2 du/acre) 443 single-family units, 357 townhouse units, a 5.5-acre commercial Icommunity recreation area and a 5.1-acre public park SURROUNDING ZONING: AG-1 (Agricultural-1 dulacre) to the north, east and west, AG-5 (Agricultural- 1 du/5 acres), RIC (Residential/Conservation - 1 du/5 acres) and AG-1 (Agricultural-1 du/acre) to the south SURROUNDING LAND USES: RS (Residential Suburban and RE (Residential Estate) to the north; MXD Crossroads (Mixed Use - Crossroads) to the east; AG-2.5 (Agricultural-1 du/2.5 acres) to the west and SID (Special District - Ten Mile Creek Attenuation Area) to the south. Bordering the project site to the north is Okeechobee Road . To the north of Okeechobee Road is an area of single-family residences on various sizes of lots and tracts of land, the smallest of which are 1 acre in area. Along the project site's northern property line, on the south of Okeechobee Road, are two existing out parcels which include a single-family residence and the Sunrise Ford Tractor facility. To the south of the project is the South Florida ~ ...I September 13, 2005 Page 2 Petition: Creekside, PUD File: PUD-05-017 Water Management District Ten Mile Creek Attenuation Area, currently under construction. To the east of the project site is an old citrus grove. To the west of the project site are lands owned by the Seminole Tribe of Florida, which are currently under development as the Hawks Landing Subdivision. At the northwest corner of the project are four single-family residences on 15 acres of land. To the southwest of the project site is an aO-acre tract of land known as the "Williams" tract that will be incorporated into the Creekside PUD development at a future date, subject to the PUD amendment process. FIRE/EMS PROTECTION: Station # 11 (3501 Shinn Road), is located approximately 3 miles to the northwest. UTILITY SERVICE: St. Lucie County Utilities will provide water and sewer to the subject property. TRANSPORTATION IMPACTS RIGHT-Of-WAY ADEQUACY: Okeechobee Road is a state highway with an existing right-of-way of 200 feet. SCHEDULED IMPROVEMENTS: None TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity. *****.********************.******** STANDARDS Of REVIEW AS SET FORTH IN SECTION 11.02.07, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed Site Plan approval, the Board of County Commissioners shall consider the following: A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN The proposed building or use is consistent with the general purpose, goals, objectives, and standards of this Code [Land Development Code], the Sf. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County; and the proposed use complies with a/l additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of Sf. Lucie County. The applicant, BJK, Inc., is requesting that this Board approve a Final PUD (Planned Unit Development) plan for a 364.23-acre tract of land to be developed as the residential project to be known as the Creekside PUD. St. Lucie County's Comprehensive Plan includes numerous policies that support the ~ .., September 13, 2005 Page 3 Petition: Creekside, PUD File: PUD-05-017 type of development proposed on the subject property. Some of these policies include: B. DENSITY Policv 1.1,1.1: which allows for residential development in the RU (Residential Urban) Future Land Use classification at a maximum of 5 du/acre; the RS (Residential Suburban) Future Land Use classification at a maximum density of 2 du/acre and the R/C (Residential I Conservation) Future Land Use classification at a maximum density of .2 du/acre. Section 7.01.03 (B) of the County's Land Development Code reads as follows: The maximum possible permitted density of a Planned Unit Development shalf not exceed the density reflected in the Future Land Use Maps of the Comprehensive Plan. On North and South Hutchinson Island, the provisions of Section 3.01.03(AA) (8) shalf govern. The proposed project has been submitted to the County with a gross density of 800 units, or 2.1 du/acre. This represents a reduction over what might otherwise be permitted by Code, and is therefore determined to be consistent with the County's Comprehensive Plan and Land Development Code. Policv 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 St. Lucie County. The Creekside PUD property is located in the designated service area for the St. Lucie County Utilities department. Both water and sewer lines adjoin the subject site along State Road 70. The County Utility Department has provided verification that sufficient capacity is available to meet the water and wastewater service demands of the project. Prior to the review of any request for Final Planned Development approval on any portion of the Creekside PUD, the developers will be required to have entered into a formal utility service agreement with the County regarding the provisions of these services. Policv 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. The Creekside PUD site totals 364.23 acres. Of that total, 167.8 acres (46%) of the gross site area will be set aside as common open space (as defined by the County's codes), which exceeds the required minimum 35% (128 acres) of open space for this site by 39.8 acres or 31 %. The projects proposed open space consists of 75,3 acres of lakes and reconstructed marsh systems; 34.2 acres of general use open space, including a 5.1 acre area to be dedicated as public park site and a 3.0 acre archaeologic preserve area that is to be improved as resource education area for both the community and the County at large; approximately 12.7 acres of perimeter bufferings and 42.6 acres of planted vegetation around the lake system. The overall site design includes the clustering of units on the property in order to preserve and protect those areas of recreated and restored habitat on and adjacent to the subject site. Policv 2.3.4.2; requires additional sidewalks, when necessary; to connect or complete either existing or proposed sidewalks in a manner that provides a complete pedestrian circulation system. The proposed site design includes an extensive system of pedestrian trails: which include both internal trails linking the project residents to the Ten Mile Creek facilities and the adjoining trail to be constructed along SR 70 from Ft. Pierce, west to Okeechobee County. Obiective 7.1.4: states that St. Lucie County shall strive to obtain or maintain water quality and trophic state index classifications of "good" for the Indian River Lagoon, Five Mile Creek, Ten Mile Creek, and the '-' .., September 13, 2005 Page 4 Petition: Creekside, PUD File: PUD-05-017 North Fork of the St. Lucie River. The stormwater management plan for the Creekside PUD has been determined to improve the water quality that currently enters the Creek in the area. All the stormwater for the project will be controlled through the development of multiple sub-basins within the development, allowing for maximum water storage on site. All drainage from State Road 70 (Okeechobee Road) will be incorporated into the stormwater management system for the project, improving the water quality of discharge into the Creek. Drainage outfall will be through a master control structure located near the to be restored oxbow at the eastern of the project site. This outfall will be designed in a manner to dissipate the energy of the discharging water and provide for a new and regular flushing of the oxbow area. The oxbow, which is located on South Florida Water Management Property, will be reconnected to Ten Mile Creek, through agreement with the South Florida Water Management District as part of the base construction efforts for the project. C. EFFECT ON NEARBY PROPERTIES 1. The proposed building or use will not have an undue adverse effect upon nearby property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. 2. All reasonable steps have been taken to minimize any adverse effect of the proposed building or use on the immediate vicinity through building design, site design, landscaping, and screening. 3. The proposed building or use 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. This proposed development of this site a Planned Residential Development is consistent with the existing and proposed uses within the area. Bordering the project site to the north is Okeechobee Road. To the north of Okeechobee Road is an area of single-family residences on various sizes of lots and tracts of land, the smallest of which are 1 acre in area. To the south of the project site is the South Florida Water Management District Ten Mile Creek Attenuation Area, currently under construction. To the east of the project site is an old citrus grove. To the west of the project site are lands owned by the Seminole Tribe of Florida, which are currently under development as the Hawks Landing Subdivision, a 200 unit residential community. At the northwest corner ofthe project are four single-family residences on 15 acres of land. To the southwest of the project site is an 80-acre tract of land known as the "Williams" tract that will be incorporated into the Creekside PUD development at a future date, subject to the PUD amendment process. D. ADEQUACY OF PUBLIC FACILITIES The proposed building or use complies with the standards of Chapter V, Adequate Public Facilities. The plans for this project indicate full compliance with the County's minimum Level of Service standards for on-site drainage retention. The developer will be restoring portions of the historic floodplain and floodway along Ten Mile Creek and where any construction does take place within the 100-year floodplain; all such construction will be in accord with applicable county, state and federal regulations governing flood plain management. The traffic analysis indicates that all roadways within the study area will continue to operate at their existing Level of Service standard. No segment within the project study area is expected to drop in LOS as a result of this project. The traffic analysis did suggest two necessary roadway improvements with '-' ....I September 13, 2005 Page 5 Petition: Creekside, PUD File: PUD-05-017 relation to the proposed project · The construction of both left and right turn lanes at each project entrance. . The signalization of the project entrances along Okeechobee Road. E. ADEQUACY OF FIRE PROTECTION The applicant has obtained from the St. Lucie County - Fort Pierce Bureau of Fire Prevention written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. The applicants have addressed the concerns of the St. Lucie County Fire District with regards to Fire Station Location and facility needs. The fire district has indicated that they are not interested in locating a station at this development location. The developers and the Fire District have entered into an agreement in which the developer shall pay $140,000.00 above and beyond the required Fire Impact Fees for the future siting of a fire station in area that would support this development site, but not are located on it. F. ADEQUACY OF SCHOOL FACILITIES The proposed building or use will be served by adequate school facilities. The Creekside PUD will be served by adequate school facilities. An 800 unit single-family subdivision is expected to generate 302 (.36 students per unit) new students. The Creekside 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 Creekside PUD will be subject to the County's Educational Impact Fee Ordinance. G. ENVIRONMENTAL IMPACT For developments required to provide an environmental impact report under Section 11.02. 09(A)(5), the proposed development will not contravene any applicable provision of the Sf. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August, 1982). The applicants, BJK, Inc., have submitted an environmental impact report for the development of the Creekside community. A summary of this report is as follows: ª. Veaetation There are five FLUCCS classifications observed on this site: Single-family residences, improved pastures, Citrus Groves, Lakes under 10 acres and Wetland hardwood forest. 1. Single-family residences There are three single-family houses located on the northwest portion of the subject site. Based '-' ~ September 13, 2005 Page 6 Petition: Creekside, PUD File: PUD-05-017 upon this there is little potential for listed species to forage or den in these areas. 2. Improved Pasture This area includes areas cleared of native vegetation, drained and seeded with pasture grass (bahia, paspalum, etc.). The soils within the pastures are typically moderately well to well drained and have been modified to accommodate cattle movement. The classification is the dominant feature ofthe project site. Pasture areas provide very little wildlife habitat. Typically, there is very little potential for the presence of listed species within these areas. 3. Citrus Groves This classification includes areas cleared of native vegetation, drained and planted in various citrus. The groves occur in the northwest portion of the project site and do not appear active. The soils within the citrus groves are typically well drained and irrigated. Citrus groves provide very little wildlife habitat. Typically, there is very little potential for the presence of listed species within these areas. 4. Lakes under 10 acres There is a rectangular excavation located within the citrus grove area that was most likely uses for fill andlor irrigation. This lake may provide foraging opportunities for some wading birds and raptors, although none was observed. 5. Wetland Hardwood Forest This area includes floodplain swamps generally associated with creeks and sloughs. This area is adjacent to the north bank of 1 O-Mile Creek on the south side of the property. Plant species in this area include cabbage palm, laurel oak, water oak, wild coffee and beautyberry. This area contains exotic plant species such as Brazilian pepper and ornamentals (hibiscus). The floodplain area could provide foraging habitat for the listed species such as wood stork, ibis and several other wading birds, although none was observed. The creek itself may provide foraging for the species including the American alligator. The proposed site design will not result in significant adverse impacts on the natural environment. Of the total 364-acre land tract, the project design includes 168 acres (46% of the site) as open space, which exceeds the required 35% or 128 acres of open space for this site. The proposed open space consists of 75.3 acres of lakes which includes a 22.6 acre filter marsh, 34 acres of park, 3 acre archaeological preserve, 13 acres of perimeter preserve and 43 acres of vegetation surrounding the lakes Q. Cultural Resource Assessment In February 2004, the Florida Archaeological Service, Inc., (FAS) conducted a seven-day field study of a cultural resource assessment of the proposed 364-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. The result of the study identified three archaeological sites (8SL 1641, 8SL 1642 and 8SL 1643) and no historic structures were identified. The three archaeological sites were evaluated in accordance with 36CFR60.4. Sites 8SL 1461 and 8SL 1642 were deemed insignificant historic properties. Site 8SL 1643 was deemed "-" ....I September 13, 2005 Page 7 Petition: Creekside, PUD File: PUD-05-017 potentially significant. Upon a Phase II study The Department of Historic Resources determined that Site 8SL 1643 does not meet the Natural Register of Historic Places eligibility requirements. Although the preliminary findings indicate that the site will not meet the eligibility requirements for designation as a historic site, the developer's have preserved/ set-aside the site and identified it on the Master Site Plan as a public use area to be developed as a Native American Heritage Village. c. Wildlife/Natural Habitat: The site is predominantly an old citrus grove. There is no on-site native habitat remaining on this property. However, the site does boarder the Ten Mile Creek Area and there are properties that the developers have proposed to assist the South Florida Water Management District in restoring as part of the construction of the Ten Mile Creek Attenuation Facility. No threatened or engendered species were observed on this property. It is however, likely that with the planned restoration efforts along Ten Mile Creek, the site will become a foraging area for birds and other small animals that will be taking advantage of the Ten Mile Creek Attenuation Facility. *.***..***..****. COMMENTS: The applicant, BJK, INC., is requesting Final PUD (Planned Unit Development) and Preliminary Plat approval for the entire 364.23-acre tract of land to be developed as the Creekside PUD. The proposed change in zoning 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 land 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 in the technology of land development; The applicant's proposed design includes a mixed residential project with 800 residential units and a 5.5 acre commercial/clubhouse area (55,000 square feet total building). The 800 residential units are proposed to be broken down as follows: Number of Units 357 443 The proposed site layout includes, as a major component of the projects overall design, a series of passive and active recreational areas that are connected by an extensive pedestrian and community lake system. The site design integrates a 5± acre public park along the western boundary that will be maintained by the Creekside Community Development District. Use of this facility will be coordinated by St. Lucie County's Recreation and Parks Department. In addition to this public park facility, the '-"" ~ September 13, 2005 Page 8 Petition: Creekside, PUD File: PUD-05-017 developer's will be providing for the relocation of the current construction access road into the Ten-Mile Creek Attenuation Area and will extend this roadway into a full public access road. Ownership of this roadway will be conveyed to S1. Lucie County, with 'nterlocal Agreements being developed between the County and the proposed Creekside Community Development District to address the matters of maintenance and landscaping. The proposed project has been accepted by Audubon International as a Gold Signature Development Project. In order to be designated as a Gold Signature Development Project, a project must integrate an ecosystem approach to siting, design, construction and management; and provide environmental education for those that live, work and recreate in the community. The Creekside development will be the first residential development in S1. Lucie County to have received this designation. The most significant environmental element of the Creekside development is a proposal to establish and connect into Ten Mile Creek, a 22-acre filtration marsh that will be located in the floodplainlfloodway areas adjacent to Ten Mile Creek, and to provide for the restoration and reconnection of an oxbow that was cut off during channelization efforts in the 1940/50's. Throughout this segment of the creek, Ten Mile Creek is recognized as being in poor ecological condition. At least in part, this condition stems from the direct agricultural discharge that has been occurring throughout the upper reaches of the North Fork of the St. Lucie River basin of which Ten Mile Creek is a part. As part of the Creekside Master Plan, the developer has incorporated a number of improvements to Ten Mile Creek and the Ten Mile Creek basins which includes, but are not limited to, the following and provide for a general public benefit for St. Lucie County residents: 1. Remove the exotic vegetation along the Creek's banks, reshape and replant with native vegetation. 2. Eliminate the direct discharge conditions into the Creek throughout the site. 3. Reconnect the historic oxbow portions of the creek directly associated with the proposed parcel. 4. Create a 22-acre filter marsh/lake adjacent to the creek to intercept, clean and hold water during heavy events/storms. 5. Connect the site's storm water lake system to the oxbow to maintain its quality after reconnecting to the creek. 6. Build a system of pedestrianlbike trails through the creek basin, connected by bridge/boardwalks to the County's park system on the south side of the creek. 7. Allow for canoe and kayak access to the creek. 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. 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 roadway network system internally connecting the entire project. There are three access points into the development from Okeechobee Road. The first access point is located in Parcel A within the easternmost portion of the site. The second access point is located between Parcel E and the Village Commercial site approximately in the center of the site. The third access point is located at the westernmost property line. The westernmost access point will be a public road, with the remaining two access points being private. ~ ""'" September 13, 2005 Page 9 Petition: Creekside, PUD File: PUD-05-017 St. Lucie County Utilities will be providing water and sewer to the subject property. 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, Bordering the project site to the north is Okeechobee Road. To the north of Okeechobee Road is an area of single-family residences on various sizes of lots and tracts of land, the smallest of which are 1 acre in area. Along the project site's northern property line, on the south of Okeechobee Road, are two existing out parcels which include a single-family residence and the Sunrise Ford Tractor facility, To the south of the project is the South Florida Water Management District Ten Mile Creek Attenuation Area, currently under construction. To the east of the project site is an old citrus grove. To the west of the project site are lands owned by the Seminole Tribe of Florida, which are currently under development as the Hawks Landing Subdivision. At the northwest corner of the project are four single-family residences on 15 acres of land. To the southwest of the project site is an BO-acre tract of land known as the "Williams" tract that will be incorporated into the Creekside PUD development at a future date, subject to the PUD amendment process. The applicant has provided a clustering of uses into five land parcels: Parcel Number Type of No. of Typical Lot Size Bldg. Height Unit units. Parcel A SF 132 65' x 130' 35 feet Parcel B SF 119 55' x 130' 35 feet Parcel C SF 118 75' x 130' 35 feet Parcel D SF 74 90' x 150' 35 feet Parcel E MF 119 45 feet Parcel F MF 238 45 feet Village Center Commercial/Community 55,000 sq. ft. 60 feet Recreation Area 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 remaining native vegetation into the site design. The prior use of this site is an old citrus grove. Of the 364.23 acre site, 167.8 acres (46%) has been designated as open space. This includes 75.3 acres of lakes with a 22.6 acre filter marsh; 34.2 acres in park facilities, 3.0 acre archaeological preserve; 12.7 acres in perimeter buffering and 42.6 acres of surrounding vegetation along the lakes. In addition, the project incorporates a total of 25,473 linear feet of trail system (15,051 LF of path at grade; 4,8B9 LF of elevated walkways and 5,303 LF of sidewalk). Approximately 25 acres of the project are located within the designated "Floodway" for Ten Mile Creek. Consistent with the County's Floodplain Management Development Regulations and Recommendations, the proposed site design for this project has kept all lots and roadways outside of the floodway. ~ ....I September 13, 2005 Page 10 Petition: Creekside, PUD File: PUD-05-017 The application for Final Planned Unit Development (PUD) and PreliminaJy Plat approval has been reviewed for consistency with the provisions of the S1. Lucie County Land Development Code and has been determined to meet all applicable standards of review. Staff has determined that the requested Final Planned Unit Development Plan and PreliminaJy Plat for the Creekside PUD is compatible with the existing and proposed uses in the area. This petition meets the standards of review as set forth in Section 11.02.07, ofthe S1. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. On October 21, 2004, this petition was presented to the St. Lucie County Planning and Zoning Commission. At that meeting, and by a unanimous vote of the members present, the Planning and Zoning Commission voted to recommend that the Board of County Commissioners approve the petition of BJK, Inc., for Preliminary Planned Unit Development plan approval, subject to certain limiting conditions, as outlined below. On November 15, 2004 this petition was presented to the Board of County Commissioners. At that meeting the Board voted 5 to 0 in favor to approve the petition of BJK, Inc. for PreliminaJy Planned Unit Development plan approval subject to certain limiting conditions as outlined below. Attached is a copy of draft Resolution 05-150, which would grant approval to the petition of BJK, Inc., for Final Planned Unit Development and Preliminary Plat plan approval, subject to the following limiting conditions: 1. Prior to recording of the first plats for any portion of the property, the developers shall provide for the creation/establishment of a Conservation Easement over all areas of protected uplandlwetland 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 ofthe County's Comprehensive Plan or development standard ofthe County's Land Development Code. No improvements, except the elevated boardwalks, trails indicated and associated informational, educational or safety features as indicated on the site plan, shall be permitted within the Preserve Area. 2. Prior to recording ofthe first plats for any portion of the property, the developers shall provide S1. Lucie County with a management plan for all areas of protected uplandlwetland 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. 3. The applicant, or his assigns, 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 anniversaJy date of commencement of construction and shall continue on that date until two (2) years after the completion of the development. For the ~urpose of this condition, "completion of the development" shall mean the issuance of the 784 Certificate of Occupancy or the Certificate of Occupancy for the 98th percentile of the final project density in the event that less than 800 units are constructed on this site. 4. Prior to the issuance of any Land Clearing Permits for the Creekside PUD Site, the developers, or his assigns, shall clearly delineate all areas to be preserved andlor protected. Delineation shall '-' ..,,¡ September 13, 2005 Page 11 Petition: Creekside, PUD File: PUD-05-017 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. 5. The developer, or his assigns, shall be required to construct right and left turn lanes at all entrances into the project prior to issuing the first Certificate of Occupancy. 6. Upon the determination of the Florida Department of Transportation that a traffic signal is warranted at the project entrance, it will be the responsibility of the developer, or his assigns, to pay for the installation of the traffic signal. 7. Prior to issuing the first building permit for any portion of the property, the developer, or his assigns, shall have completed the execution of a final utility service agreement with St. Lucie County, indicating all developer obligations, including schedules, associated with servicing this site. Please contact this office if you have any questions on this matter. Attachment H :\Planning\CreeksideME M09-20-2005.doc cc: County Administrator County Attorney Noreen Dreyer, Esq., Ruden McClosky et. al. Michael Houston, Houston Cuozzo Group Bernie Kosar, BJK, Inc. Butch Terpening, Culpepper & Terpening Public Works Director Environmental Resource Manager '-' ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA September 20, 2005 TO WHOM IT MAY CONCERN: -...I NOTICE is hereby given in ae<:ordance with Sec- tion 11.00.03 of the SI. Lucie County Land De- velopment Code and in accordance with the pro- visions of the SI. Lucie County Comprehensive Plan thai the following applicants have request- ed that the St. Lucie County Board of County COmmissioners consid- ers the following re- quests: CREEKSIDE .IS AN EIGHT HUNDRED UNIT RESI- DENTIAL SUB DIVISION AND FIVE POINT FIVE ACRES OF COMMER- CIAL AND RECREATION AREA AND A FIVE POINT ONE ACRE PUB· lIC PARCEL THAT HAS PETITIONED FOR A CHANGE IN ZONING FROM AG-1 (AGRICU- L TURAL 1 DU/ACRE) AND RC (RESIDENTIAL CONSERVATION) TO PUD (PLANNED UNIT DEVELOPMENT- CREEKSIDE) FOR THE FOLLOWING DE- SCRIBED PROPERTY/- AREAS: Lengthy legal Descrip- tion. Complete Lege I Description available for review at St. Lucie County Growth Manage- ment, Planning Division, 2300 Virginie Ave., Fort Perce. FI. 34982, during normal business hours. (772) 462- 1400 Location: South side of Okeechobee Rosd (SR 70),1/2 mile west of Gordy Road THIS PUBLIC HEARING will be held in the Com- mission Chambers, Rog- er Poitras Ann... 3rd Floor, SI. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on September 20, 2005, be- ginning at 6:00 P.M. or as soon thereafter as possible. PURSUANT TO Section 286.0105, Floride Stat- utes, if e person decides to appeel any decision made by a board, sgen- CYt or commission with re:;pect to any matter considered at 8 meeting or hearing, he will need a record of the proceed- ings, and thst, for such purposes, he may need to ensure that a verba- ti m record of the pro., ceedings is mode, which record Includes the testi- mony end evidence upon which the sppeal is to be based_ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ Frannie Hutchinson, Chairman Pub: September 10.2005 1211484 .. ; '-' ..." 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 RESOLUTION 05-154 File Number: PUD·05-017 A RESOLUTION GRANTING FINAL PLANNED UNIT DEVELOPMENT APPROVAL FOR A PROJECT KNOWN AS CREEKSIDE. 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: 1. BJK, Inc. presented a petition for a Final Planned Unit Development Plan and Preliminary Plat for aOO-unit residential subdivision (443 single-family units, 357 townhouse units, a 5.5-acre commercial Icommunity recreation area and a 5.1 acre public park) project to be known as Creekside - PUD. 2. On October 21, 2004, the S1. Lucie County Planning and Zoning Commission held a public hearing on the petition of BJK, Inc., 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 November 15, 2004, this Board held a public hearing on the petilion of BJK, Inc., for Preliminary Planned Unit Development approval for the project known as Creekside - PUD 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 September 20, 2005, this Board held a public hearing on the petition of BJK, Inc., for Final Planned Unit Development approval for the project known as Creekside-PUD after publishing a notice of such hearing in the Tribune and notifying by mail all property owners within 500 feet of the subject property. 5. 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 S1. Lucie County Comprehensive Plan, subjecl to the conditions set forth in Part A of this Resolution. 6. The proposed project is consistent with the general purpose, goals, objectives and standards of the S1. Lucie County Land Development Code, the S1. Lucie County Comprehensive Plan, and the Code of Ordinances of S1. Lucie County. 7. 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. 8. 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. 9. 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. 10. The proposed project will be served by adequate public facilities and services. File No.: PUD-005-017 September 20, 2005 Resolution 05-0154 Page 1 \w' ...I 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 53 11. The applicant has demonstrated that water supply; evacuation facilities and emergency access are satisfactory to provide adequate fire proteclion. 12. A Certificate of Capacity, a copy of which is attached to this Resolution, was granted by the Growth Management Director on September XX, 2005. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, the Final Planned Unit Development Plan for the project to be known as Creekside - PUD, and is hereby, approved as shown on the site plan drawings for the project prepared by Houston Cuozzo Group on June 7, 2004, last revised on XXXX XX, 2005, and date stamped received by the St. Lucie County Growth Management Department on XXXXX XX, 2005, subject to the following conditions: 1. Prior to recording of any plats (excluding General Boundary or Tract Plats) for any portion of the property that includes any area designated for protected upland/wetland status, the developers shall provide for the creationlestablishment of a Conservation Easement over those areas 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 elevated boardwalks, trails indicated and associated informational, educational or safety features as indicated on the site plan. shall be permitted within the Preserve Area. 2. Prior to recording of any plats (excluding General Boundary or Tract Plats) for any portion of the property that includes any area designated for protected upland/wetland status, 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. 3. The applicant, or his assigns. 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. For the purpose of this condition, "completion of the development" shall mean the issuance of the 784th Certificate of Occupancy or the Certificate of Occupancy for the 98th percentile of the final project density in the event that less than 800 units are constructed on this site. 4. Prior to the issuance of any Land Clearing Permits for the Creekside PUD Site, the developers, or his assigns. 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 File No.: PUD-005-017 September 20,2005 Resolution 05-0154 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 B. 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 53 54 ~ ..,.; the Environmental Resource Division prior to issuance of the land-clearing permit shall inspect the installed fencing. 5. The developer, or his assigns, shall be required to construct right and left turn lanes at all entrances into the project prior to issuing the first residential Certificate of Occupancy. 6. Upon the determination of the Florida Department of Transportation that a traffic signal is warranted at the project entrance, it will be the responsibility of the developer, or his assigns, to pay for Ihe installation of the traffic signal. The developer, successor or his assigns 7. Prior to the issuance of the first residential building perm iI, the developer, successor, or his assigns, shall have completed the execution of a utility service agreement with SI. Lucie County, indicating all developer obligations, including schedules, associated with servicing this site. 8. Prior to the replatting of any portion of Tract B of Creekside Plat #1, the developer, successor or his assigns shall submit to SI. Lucie County a minor PUD adjustment depicting the area to be replatted and demonstrating to the satisfaction of SI. Lucie County that the proposed replat is consistent with Ihe preliminary and final approved development plans for Creekside PUD. The property on which this site plan approval is being granted is described below. TRACT I THAT PART OF THE NORTHWEST 1/4 OF SECTION 26 LYING SOUTH OF STATE ROAD #70 AND NORTH OF TEN MILE CREEK; THAT PART OF THE EAST 1/2 AND THE SOUTHWEST 1/4 OF SECTION 27 LYING SOUTH OF STATE ROAD #70 AND NORTH OF TEN MILE CREEK; ALL IN TOWNSHIP 35 SOUTH, RANGE 39 EAST, IN ST. LUCIE COUNTY, FLORIDA; LESS AND EXCEPTING THEREFROM: a) THE EAST 475.5 FEET OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 26 LYING NORTH OF THE NORTH ST. LUCIE RIVER DRAINAGE DISTRICT CANAL #71. b) THE FOLLOWING DESCRIBED PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 27, LYING WEST AND SOUTH OF THE FOLLOWING DESCRIBED LINE; BEGIN AT A POINT 52 FEET EAST OF THE NORTHWEST CORNER OF SAID SOUTHWEST 1/4 OF SOUTHWEST 1/4 THENCE RUN SOUTH 00°42'20" WEST ON A LINE PARALLEL TO THE SECTION LINE AND 52 FEET EAST THEREOF, A DISTANCE OF 420.10 FEET; THENCE SOUTH 29°48'25" EAST, 84.45 FEET; THENCE SOUTH 48°31'15" EAST, 93.71 FEET; THENCE NORTH 89°00'05" EAST 399.31 FEET; THENCE SOUTH 75°01'30" EAST 436.70 FEET; THENCE NORTH 47°47'45" EAST 446.34 FEET TO A POINT ON THE EAST LINE OF, AND 349.06 FEET SOUTH OF, THE NORTHEAST CORNER OF THE AFORESAID SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 27. c) THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 27, NORTH OF STATE ROAD #70. d) THE FOLLOWING DESCRIBED BARN AND UTILITY AREA; COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 35 SOUTH, RANGE 39 EAST, File No.: PUD-005-017 September 20, 2005 Resolution 05-0154 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 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 \.t 'VWI ST. LUCIE COUNTY, FLORIDA; THENCE RUN SOUTH 01°19 00" EAST, ALONG THE EAST LINE OF SECTION 27 A DISTANCE OF 208.39 FEET TO THE SOUTH RIGHT- OF-WAY OF STATE ROAD 70; THENCE RUN WESTERLY ALONG THE SAID SOUTH RIGHT-OF-WAY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 2730.79 FEET; A CENTRAL ANGLE OF 9"46'46" AN ARC DISTANCE OF 466.10 TO THE POINT OF BEGINNING; THENCE ON A TANGENT BEARING SOUTH 64°03'35" WEST RUN 386.42 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE RUN WESTERLY ALONG THE CURVE HAVING A RADIUS OF 7684.0 FEET THROUGH A CENTRAL ANGLE OF 4"12'36" AND ARC DISTANCE OF 564.61 FEET; THENCE RUN SOUTH 00°41'25" EAST A DISTANCE OF 243.75 FEET; THENCE RUN NORTH 89"33'35" EAST A DISTANCE OF 525.0 FEET; THENCE RUN NORTH 27048'35" EAST A DISTANCE OF 720.0 FEET TO THE POINT OF BEGINNING. e) RIGHTS OF WAY FOR OKEECHOBEE ROAD (S.R. #70), GENTILE ROAD, AND NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANALS NO. 50 AND 51. f) A STRIP OF LAND 34.00 FEET IN WIDTH, LOCATED IN SECTION 27, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST, LUCIE COUNTY, FLORIDA. SAID STRIP OF LAND LIES 17.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE WITH THE SIDELINES EXTENDING OR CONTRACTING AS NECESSARY TO FORM A CONTINUOUS LINE AND TO TERMINATE NORTHERLY AT THE SOUTHERLY RIGHT- OF-WAY LINE OF STATE ROAD 70 AND TO TERMINATE AT THE SOUTHERLY END WITH THE LINE PARALLEL WITH AND 50.00 FEET NORTH OF A CONCRETE BRIDGE: COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 70 AND THE WEST LINE OF THE EAST 1/4 OF SAID SECTION 27, SAID INTERSECTION POINT BEING A POINT ON THE ARC OF A CURVE IN SAID SOUTH RIGHT-OF-WAY LINE (RADIAL LINE THROUGH WHICH BEARS SOUTH 21°45'15" EAST), SAID CURVE BEING CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 5863.58 FEET AND A CENTRAL ANGLE OF 00°20'56", THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 35.71 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00"38'06" EAST, ALONG A LINE PARALLEL WITH AND 17.00 FEET WEST OF (AS MEASURED AT RIGHT ANGLE TO) THE WEST BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED AS "LESS AND EXCEPT PARCEL 4 IN EXHIBIT "A" IN OFFICIAL RECORDS BOOK 0959. PAGE 0721, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A DISTANCE OF 239.59 FEET; THENCE SOUTH 45°38'06" EAST, ALONG SAID CENTERLINE, A DISTANCE OF 84.88 FEET; THENCE SOUTH 00°16'26" EAST, CONTINUING ALONG SAID CENTERLINE, A DISTANCE OF 2474.77 FEET TO THE POINT OF TERMINUS OF SAID CENTERLINE. g) ALSO LESS AND EXCEPT FROM TRACT I THOSE PORTIONS CONVEYED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN OFFICIAL RECORD BOOK 1191, PAGE 1841 AND DESCRIBED ON EXHIBIT A-1 ATTACHED HERETO. TRACT II THAT PART, IF ANY. OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 35 SOUTH, RANGE 39 EAST. LYING SOUTH OF OKEECHOBEE ROAD (STATE ROAD 70) Resolution 05-0154 Page 4 File No.: PUD-005-017 September 20, 2005 '-' ..."" 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 53 54 LESS AND EXCEPT THOSE PORTIONS CONVEYED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN OFFICIAL RECORD BOOK 1191, PAGE 1841, AND DESCRIBED AS FOLLOWS: A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT GI-100-o01 COMMENCE AT THE SOUTH QUARTER CORNER OF SAID SECTION 27, THENCE SOUTH 89°57'32" WEST, ALONG THE SOUTH LINE OF SAID SECTION 27, A DISTANCE OF 38.00 FEET TO THE INTERSECTION WITH THE WEST RIGHT-OF- WAY LINE OF CANAL NO. 93 (76 FEET WIDE) AS SHOWN ON THE NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT INFORMATION MAP, DATED MAY 1991, AND THE POINT OF BEGINNING; THENCE SOUTH 89°57'32" WEST, ALONG SAID SOUTH LINE OF SECTION 27, A DISTANCE OF 1283.33 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 27; THENCE NORTH 00°30'37" WEST, ALONG THE WEST LINE OF SAID EAST HALF OF THE SOUTHWEST QUARTER A DISTANCE OF 997.64 FEET TO THE INTERSECTION WITH THE APPROXIMATE NORTHERLY EDGE OF THE "TEN-MILE CREEK" TREE LINE, AS NOW EXISTING AND LOCATED; THENCE, GENERALLY FOLLOWING SAID APPROXIMATE NORTH EDGE OF THE "TEN-MILE CREEK" TREE LINE, THROUGH THE FOLLOWING COURSES: NORTH 88°34'48" EAST, A DISTANCE OF 104.43 FEET; NORTH 44°45'27" EAST, A DISTANCE OF 339.50 FEET; NORTH 82°01'30"EAST, A DISTANCE OF 306.98 FEET; NORTH 10°48'09" WEST, A DISTANCE OF 90.57 FEET; SOUTH 84°36'54" EAST, A DISTANCE OF 132.04 FEET; SOUTH 53°34'51" EAST, A DISTANCE OF 104.68 FEET; SOUTH 65°03'23" EAST, A DISTANCE OF 100.38 FEET; SOUTH 89°41'10" EAST, A DISTANCE OF 72.20 FEET; NORTH 67°36'38" EAST, A DISTANCE OF 133.18 FEET; SOUTH 84°39'01" EAST, A DISTANCE OF 113.63 FEET; THENCE NORTH 60°38'17" EAST, CONTINUING ALONG SAID TREE LINE, A DISTANCE OF 31.98 FEET TO THE INTERSECTION WITH THE AFORESAID WEST RIGHT-OF-WAY LINE OF CANAL NO. 93; THENCE SOUTH 00°49'00" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1310.58 FEET TO THE INTERSECTION WITH THE AFORESAID SOUTH LINE OF SECTION 27 AND THE POINT OF BEGINNING. TRACT GI-100-004 A PARCEL OF LAND LYING WITHIN THE WEST HALF OF SECTION 26, THE EAST HALF OF SECTION 27, THE NORTHEAST QUARTER OF SECTION 34, AND THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH QUARTER CORNER OF SAID SECTION 27, THENCE NORTH 89°57'32" EAST, ALONG THE SOUTH LINE OF SAID SECTION 27, A DISTANCE OF 38.00 FEET TO THE INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CANAL NO. 93 (76 FEET WIDE) AS SHOWN ON THE NORTH ST. LUCIE File No.: PUD-005-017 September 20, 2005 Resolution 05-0154 Page 5 ~ ..., 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 53 54 RIVER WATER CONTROL DISTRICT INFORMATION MAP, DATED MAY 1991, AND THE POINT OF BEGINNING; THENCE NORTH 00°05'33" EAST, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 0.21 FEET; THENCE NORTH 00°49'00" WEST, CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE, BEING A LINE PARALLEL WITH AND 38.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES TO) THE WEST LINE OF THE EAST HALF OF SAID SECTION 27, TO THE INTERSECTION WITH THE APPROXIMATE NORTHERLY EDGE OF THE "TEN-MILE CREEK" TREE LINE, AS NOW EXISTING AND LOCATED, A DISTANCE OF 1352.74 FEET; THENCE, GENERALLY FOLLOWING SAID APPROXIMATE NORTHERLY EDGE OF THE "TEN- MILE CREEK" TREE LINE, THROUGH THE FOLLOWING COURSES: NORTH 60°38'17" EAST, A DISTANCE OF 117.01 FEET; NORTH 41°40'21" EAST, A DISTANCE OF 154.40 FEET; NORTH 66°23'44" EAST, A DISTANCE OF 383.04 FEET; NORTH 71°02'30" EAST, A DISTANCE OF 434.92 FEET; THENCE NORTH 78°55'46" EAST, CONTINUING ALONG SAID APPROXIMATE NORTHERLY EDGE OF THE "TEN-MILE CREEK" TREE LINE, A DISTANCE OF 244.28 FEET TO THE INTERSECTION WITH A LINE PARALLEL WITH AND 50.00 FEET WEST OF (AS MEASURED AT RIGHT ANGLE TO) THE CENTERLINE OF A 13 FOOT WIDE CONCRETE BRIDGE SPANNING SAID "TEN-MILE CREEK"; THENCE NORTH 00°56'41" WEST, ALONG SAID LINE, A DISTANCE OF 51.53 FEET; THENCE NORTH 89°03'19" EAST, PERPENDICULAR TO THE PRECEDING COURSE AND ALONG A LINE PARALLEL WITH AND 50.00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES TO) THE NORTH EDGE OF THE AFORESAID BRIDGE, A DISTANCE OF 100.00 FEET; THENCE SOUTH 00°56'41" EAST, PERPENDICULAR TO THE PRECEDING COURSE AND ALONG A LINE PARALLEL WITH AND 50.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES TO) THE AFORESAID CENTERLINE OF BRIDGE, A DISTANCE OF 118.74 FEET TO THE INTERSECTION WITH THE APPROXIMATE CENTERLINE OF THE AFORESAID MAIN CHANNEL OF "TEN-MILE CREEK" AS ESTABLISHED BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND SHOWN ON MAP TITLED: ''TEN-MILE CREEK CROSS SECTIONS"; DRAWING NO. TMC-100, SHEET 1 OF 7, DATED 18 FEBRUARY 1998; THENCE GENERALLY FOLLOWING SAID APPROXIMATE CENTERLINE OF THE MAIN CHANNEL OF ''TEN-MILE CREEK", THROUGH THE FOLLOWING COURSES: NORTH 72°53'13" EAST, A DISTANCE OF 224,87 FEET; NORTH 31°27'25" EAST, A DISTANCE OF 182.46 FEET; NORTH 38°12'17" EAST, A DISTANCE OF 164.70 FEET; NORTH 47°30'25" EAST, A DISTANCE OF 191.72 FEET; NORTH 24°44'45" EAST, A DISTANCE OF 343.88 FEET; NORTH 72°56'07" EAST, A DISTANCE OF 289.86 FEET; THENCE NORTH 64°44'57" EAST, CONTINUING ALONG SAID APPROXIMATE CENTERLINE OF THE MAIN CHANNEL OF "TEN-MILE CREEK", A DISTANCE OF 300.83 FEET TO THE INTERSECTION WITH THE EAST LINE OF THE AFORESAID EAST HALF OF SECTION 27, BEING ALSO THE WEST LINE OF THE AFORESAID WEST HALF OF SECTION 26; THENCE NORTH 01°25'29" WEST, ALONG SAID WEST LINE OF SECTION 26, A DISTANCE OF 7Q.43 FEET TO THE INTERSECTION WITH THE APPROXIMATE SOUTHERLY EDGE OF AN APPROXIMATE 10 FOOT WIDE FARM ROAD LYING NORTH OF THE AFORESAID ''TEN-MILE CREEK"; THENCE, GENERALLY FOLLOWING SAID APPROXIMATE SOUTHERLY EDGE OF A FARM ROAD, THROUGH THE FOLLOWING COURSES: NORTH 44°30'32" EAST, A DISTANCE OF 55.73 FEET; NORTH 02°14'35" EAST, A DISTANCE OF 29.17 FEET; NORTH 29°10'24" WEST, A DISTANCE OF 102.31 FEET; NORTH 51°00'19" WEST, A DISTANCE OF 36.96 FEET; NORTH 80°32'09" WEST, A File No.: PUD-005-017 September 20,2005 Resolution 05-0154 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 53 54 . ..... ..." DISTANCE OF 30.54 FEET; SOUTH 87°25'07" WEST, A DISTANCE OF 42.20 FEET; SOUTH 76°40'24" WEST, A DISTANCE OF 41.64 FEET; SOUTH 52°13'22" WEST, A DISTANCE OF 94.16 FEET: SOUTH 58°05'45" WEST, A DISTANCE OF 143.54 FEET; SOUTH 87°51'47" WEST, A DISTANCE OF 178.12 FEET; NORTH 79°01'57" WEST, A DISTANCE OF 42.90 FEET; NORTH 65°24'32" WEST, A DISTANCE OF 58.11 FEET; NORTH 56°22'17" WEST, A DISTANCE OF 189.29 FEET; NORTH 38°18'17" WEST, A DISTANCE OF 28.44 FEET; NORTH 22°12'18" WEST, A DISTANCE OF 50.22 FEET; NORTH 09°01'50" WEST, A DISTANCE OF 130.42 FEET; NORTH 02°19'37" EAST, A DISTANCE OF 78.24 FEET; NORTH 04°07'04" EAST, A DISTANCE OF 53.23 FEET; NORTH 38°42'51" EAST, A DISTANCE OF 156.53 FEET NORTH 51°52'07" EAST, A DISTANCE OF 77.02 FEET; NORTH 58°34'12" EAST, A DISTANCE OF 53.43 FEET; NORTH 69°22'57" EAST, A DISTANCE OF 70.21 FEET; NORTH 89°26'42" EAST, A DISTANCE OF 76.27 FEET; NORTH 15°16'12" EAST, A DISTANCE OF 112.44 FEET; NORTH 37°46'44" EAST, A DISTANCE OF 94.36 FEET; NORTH 57°16'14" EAST, A DISTANCE OF 39.20 FEET: SOUTH 88°46'18" EAST, A DISTANCE OF 93.09 FEET; SOUTH 53°30'16" EAST, A DISTANCE OF 190.35 FEET; NORTH 86°37'30" EAST, A DISTANCE OF 43.97 FEET; SOUTH 52°08'24" EAST, A DISTANCE OF 100.75 FEET; SOUTH 72°00'01" EAST, A DISTANCE OF 132,34 FEET; SOUTH 83°19'20" EAST, A DISTANCE OF 88.01 FEET; NORTH 75°32'07" EAST, A DISTANCE OF 71,76 FEET; NORTH 23°43'31" WEST, A DISTANCE OF 89.51 FEET; NORTH 01°00'12" EAST, A DISTANCE OF 57.48 FEET; NORTH 24°04'05" EAST, A DISTANCE OF 36,14 FEET; NORTH 57°15'08" EAST, A DISTANCE OF 157.86 FEET; NORTH 37"07'16" EAST, A DISTANCE OF 105,36 FEET; NORTH 02°11'21" EAST, A DISTANCE OF 155,19 FEET; NORTH 83°24'17" WEST, A DISTANCE OF 193,64 FEET; NORTH 00°31'06" EAST, A DISTANCE OF 27,52 FEET; NORTH 88°39'50" EAST, A DISTANCE OF 506.80 FEET; NORTH 87°11'51" EAST, A DISTANCE OF 472,35 FEET; SOUTH 77°03'51" EAST, A DISTANCE OF 64.97 FEET; NORTH 66°06'47" EAST, A DISTANCE OF 135.04 FEET; SOUTH 87°06'16" EAST, A DISTANCE OF 161.10 FEET; SOUTH 73°32'28" EAST, A DISTANCE OF 163.92 FEET; SOUTH 76°54'12" EAST, A DISTANCE OF 415,28 FEET; THENCE SOUTH 75°14'11" EAST, CONTINUING ALONG SAID APPROXIMATE SOUTHERLY EDGE OF A FARM ROAD, A DISTANCE OF 41.96 FEET TO THE INTERSECTION WITH THE WEST LINE OF THE EAST 475.5 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF AFORESAID SECTION 26; THENCE CONTINUE SOUTH 75°14'11" EAST, DEPARTING SAID SOUTH LINE OF ROAD AND BEGIN FOLLOWING THE APPROXIMATE NORTHERLY BANK OF THE MAIN CHANNEL OF "TEN-MILE CREEK", A DISTANCE OF 341,02 FEET; THENCE SOUTH 74004'29" EAST, CONTINUING ALONG SAID APPROXIMATE NORTH BANK OF "TEN- MILE CREEK", A DISTANCE OF 118.12 FEET TO THE INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF CANAL NO. 95 (67.00 FEET WIDE), AS SHOWN ON THE AFORESAID NORTH ST LUCIE RIVER WATER CONTROL DISTRICT INFORMATION MAP; THENCE SOUTH 00°38'11" EAST ALONG SAID RIGHT-OF-WAY LINE, BEING A LINE PARALLEL WITH AND 33,50 FEET WEST OF (AS MEASURED AT RIGHT ANGLES) TO THE EAST LINE OF THE AFORESAID WEST HALF OF SECTION 26, A DISTANCE OF 3924,30 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 26; THENCE NORTH 89°39'14" EAST, ALONG SAID SOUTH LINE OF SECTION 26, BEING ALSO THE SOUTH RIGHT-OF-WAY LINE OF SAID CANAL NO. 95, A DISTANCE OF 33,50 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 26; THENCE, DEPARTING SAID CANAL RIGHT-OF-WAY LINE, BEAR SOUTH 00°11'08" EAST, ALONG THE EAST LINE OF THE AFORESAID NORTHWEST QUARTER OF SECTION 35, A DISTANCE OF 2581.47 FEET TO THE INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF CANAL 101 (98,00 FEET WIDE), AS SHOWN ON THE AFORESAID NORTH ST, LUCIE RIVER WATER CONTROL DISTRICT INFORMATION MAP; THENCE SOUTH 89°45'23" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, BEING A LINE PARALLEL WITH AND 49.00 FEET File No.: PUD-005-017 September 20, 2005 Resolution 05-0154 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 50 51 52 53 54 NORTH OF (AS MEASURED AT RIGHT ANGLES TO) THE SOUTH LINE OF THE AFORESAID NORTHWEST QUARTER OF SAID SECTION 35, A DISTANCE OF 2667.20 FEET; THENCE NORTH 00'01'15" EAST, ALONG SAID WEST LINE OF SECTION 35 AND CONTINUING ALONG SAID CANAL 95 RIGHT-OF-WAY LINE, A DISTANCE OF 13.93 FEET; THENCE SOUTH 89°53'33" WEST, DEPARTING SAID WEST LINE OF SECTION 35, ENTERING INTO AFORESAID SECTION 34 AND CONTINUING ALONG THE SAID NORTH RIGHT-OF-WAY LINE OF CANAL NO. 101. BEING A LINE PARALLEL WITH AND 63.00 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES TO) THE SOUTH LINE OF THE AFORESAID NORTHWEST QUARTER OF SECTION 34, A DISTANCE OF 2607.88 FEET TO THE INTERSECTION WITH THE AFORESAID EAST RIGHT-OF-WAY LINE OF CANAL NO. 93, THENCE NORTH 00'05'33" EAST, ALONG SAID EAST RIGHT-OF-WAY LINE OF CANAL NO. 93, BEING A LINE PARALLEL WITH AND 38.00 FEET EAST OF (AS MEASURED AT RIGHT ANGLES TO) THE WEST LINE OF THE AFORESAID NORTHWEST QUARTER OF SECTION 34, A DISTANCE OF 2565.84 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE RUN SOUTH 01°1900" EAST, ALONG THE EAST LINE OF SECTION 27 A DISTANCE OF 208,39 FEET TO THE SOUTH RIGHT-OF-WAY OF STATE ROAD 70; THENCE RUN WESTERLY ALONG THE SAID SOUTH RIGHT-OF-WAY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 2730.79 FEET; A CENTRAL ANGLE OF 9°46'46" AN ARC DISTANCE OF 466.10 TO THE POINT OF BEGINNING; THENCE ON A TANGENT BEARING SOUTH 64'03'35" WEST RUN 386.42 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE RUN WESTERLY ALONG THE CURVE HAVING A RADIUS OF 7684.0 FEET THROUGH A CENTRAL ANGLE OF 4'12'36" AND ARC DISTANCE OF 564.61 FEET; THENCE RUN SOUTH 00'41'25" EAST A DISTANCE OF 243.75 FEET; THENCE RUN NORTH 89°33'35" EAST A DISTANCE OF 525.0 FEET; THENCE RUN NORTH 27°48'35" EAST A DISTANCE OF 720.0 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: BEING A TRACT OF LAND IN THE NORTHWEST 1/4 OF SECTION 27, TOWNSHIP 35 SOUTH. RANGE 39 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF SECTION 27, TOWNSHIP 35 SOUTH RANGE 39 EAST; THENCE N 89'49'26" W ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 A DISTANCE OF 1,862.86 FEET, TO THE EAST LINE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1516, PAGE 647, ST. LUCIE COUNTY, FLORIDA; THENCE N 00°10'35" E, ALONG SAID EAST LINE, A DISTANCE OF 990.29 FEET, TO THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 70 (ALSO KNOWN AS OKEECHOBEE ROAD); THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING COURSES AND DISTANCES; THENCE N 75'57'58" E A DISTANCE OF 394.24 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 17,322.74 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 31.69 FEET THROUGH A CENTRAL ANGLE OF 00'06'17" TO THE WESTERLY LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 283, PAGE 1566, S1. LUCIE COUNTY, FLORIDA; THENCE ALONG THE WESTERLY, SOUTHERLY AND EASTERLY BOUNDARIES OF SAID LANDS THE BY THE FOLLOWING COURSES AND DISTANCES; THENCE S 12°45'10" E A DISTANCE OF 202.41 FEET; THENCE N 76°30'50" E A DISTANCE OF 154.69 FEET; THENCE N 12°45'10" W A DISTANCE OF File No.: PUD-005-017 September 20, 2005 Resolution 05-0154 Page 8 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 C. 31 32 33 34 D. 35 36 37 38 39 40 41 42 43 E. 44 45 46 47 48 49 F. 50 51 52 53 54 " ..... -wi 204.87 FEET, TO THE POINT OF INTERSECTION WITH A NON TANGENT CURVE, CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 17,322.74 FEET, THE CHORD OF WHICH BEARS N 74°37'30" E, AND BEING THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 70 (OKEECHOBEE ROAD); THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 438.14 THROUGH A CENTRAL ANGLE OF 01°26'57" TO THE INTERSECTION WITH THE WESTERLY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1407, PAGE 2822, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE ALONG THE WESTERLY AND SOUTHERLY BOUNDARY OF SAID LANDS BY THE FOLLOWING COURSES AND DISTANCES; THENCE S 20°51'45" E A DISTANCE OF 170.74 FEET; THENCE N 64°08'45" E A DISTANCE OF 100.00 FEET TO THE NORTHWEST CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1408, PAGE 0031, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE ALONG THE WESTERLY, SOUTHERLY AND EASTERLY BOUNDARIES OF LASTLY AFORESAID LANDS BY THE FOLLOWING COURSES AND DISTANCES; THENCE S 05053'26" E A DISTANCE OF 293.78 FEET; THENCE N 64°04'49" E A DISTANCE OF 491.83 FEET; THENCE N 00°23'15" W A DISTANCE OF 384.89 FEET TO THE POINT OF INTERSECTION WITH THE SAID SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 70 (OKEECHOBEE ROAD); THENCE N 71°58'22" E, ALONG SAID SOUTH RIGHT-OF- WAY LINE, A DISTANCE OF 255.10 FEET TO THE INTERSECTION WITH THE EAST LINE OF SAID NORTHWEST 1/4; THENCE S 00°24'44" E, ALONG SAID EAST LINE A DISTANCE OF 1524.65 FEET TO THE POINT OF BEGINNING. SAID LAND CONTAINS 364.23 ACRES MORE OR LESS. Location: South side of Okeechobee Road (SR 70), Yo mile west of Gordy Road. This Final Planned Unit Development Site Plan approval shall expire on September 20, 2007, unless an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code or unless a building permit is secured. The Final Planned Unit Development Site Plan/Preliminary Plat approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Creekside - PUD. including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to; the United 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. The conditions set forth in Part A are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. A copy of this Resolution shall be attached to the site plan drawings described in Part A, which said plan shall be placed on file with the SI. Lucie County Growth Management Department. File No.: PUD-005-017 September 20, 2005 Resolution 05-0154 Page 9 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 53 54 " ......' Chairman Frannie Hutchinson XXX After motion and second, the vote on this resolution was as follows: Vice-Chairman Doug Coward XXX Commissioner Paula A. Lewis XXX Commissioner Joseph E. Smith XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this 20th day of September, 2005. ...; BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY ATTEST Deputy Clerk File No.: PUD-005-017 September 20, 2005 Chairman APPROVED AS TO FORM AND CORRECTNESS County AUorney Resolution 05-0154 Page 10 "" "" AGENDA REQUEST ITEM NO.'J!!I - Date: September 20, 2005 Regular [ X ] Public Hearing [ ] Consent [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Resolution No. 05-347 MSBU Financial Hardship Assistance Program BACKGROUND: See c.A. No. 05-1537 FUNDS A V AIL. (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends approval of Resolution No. 05-347. Approved 5-0 CONCURRENCE: ~i~ Andrnõñ- County Administrator COMMISSION ACTION: IX] APPROVED [] DENIED [ ] OTHER: County Attorney: J; Coord in ation/SÌI.!na tures Mgt. & Budget. t'\SW c.cor. 'Ï) Other: Á.Jp Purchasing: Originating Dept : 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 CA NO: 05-1537 DA TE: September 20, 2005 SUBJECT: Resolution No. 05-347 MSBU Financial Hardship Assistance Program BACKGROUND: Resolution No. 05-347 implements the Financial Hardship Assistance Program established in Ordinance No. 05-032. RECOMMENDA TION/CONCL US ION : Staff recommends approval of Resolution No. 05-347 upon approval of Ordinance No. 05- 032. Respectfully submitted, ~ 'ft''17 ~~, Heather Sperrazzá eke' j Assistant County Attorney Attachment HL/ Copies to: County Administrator MSBU Coordinator '-' ....." i RESOLUTION NO. 05-347 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ESTABLISHING GUIDELINES AND PROCEDURES FOR THE ADMINISTRATION OF A FINANCIAL HARDSHIP ASSISTANCE PROGRAM FOR THOSE UNINCORPORATED COUNTY RESIDENTS LIVING AT OR BELOW POVERTY LEVEL AND OWNING REAL PROPERTY SUBJECT TO SPECIAL ASSESSMENTS IMPOSED BY THE COUNTY; PROVIDING FOR AN APPLICATION PROCESS; PROVIDING THE CRITERIA UPON WHICH FINANCIAL HARDSHIP ASSISTANCE SHALL BE GRANTED; PROVIDING THAT THE FINANCIAL HARDSHIP ASSISTANCE PROGRAM SHALL BE FUNDED BY LEGALLY A V AILABLE FUNDS AND NOT BY SPECIAL ASSESSMENTS; PROVIDING FOR APPLICABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the provisions of Chapter 125, Florida Statutes, St. Lucie County Ordinance No. 05-032, and other applicable provisions of law. Section 2. Findings. It is hereby ascertained, determined and declared that: (A) Chapter 1-13.5 of the St. Lucie County Code of Ordinances (the "Code") provides for the establishment of municipal service benefit units ("MSBU") in unincorporated areas of St. Lucie County (the "County") for the purpose of providing water, road, drainage and waste and sewage collection and disposal and other essential facilities and services. (B) Chapter 1-13.5 further provides that the cost of such services may be paid in whole or in part from funds derived from special assessments levied within such units, and that the special assessments may be collected in the manner provided for ad valorem taxes pursuant to Chapter 197, Florida Statutes. (C) Failure by a property owner to pay special assessments collected pursuant to Chapter 197, Florida Statutes, will cause a tax certificate to be issued against the property which may result in a loss of title. (D) The Board of County Commissioners of St. Lucie County (the "Board") enacted Ordinance No. 05-032 to provide a program of assistance to unincorporated County residents who are living at or below poverty level and who may be at risk of losing title to their homes as a result of inability to pay the special assessments imposed against their property. (E) Ordinance No. 05-032 provides that the financial hardship assistance program shall be implemented by resolution. (F) It is necessary and desirable and in the best interests of the County and its inhabitants that the '-' ..., .. County implement the Financial Hardship Assistance Program as provided herein. Section 3. Financial Hardship Assistance. (A) The financial hardship assistance contemplated herein shall take the form of payment by the County to the established project fund for the special assessment otherwise due from applicant land owner; (B) In order to be eligible for financial hardship assistance hereunder, applicants must first apply for and be denied assistance under the County's State Housing Initiatives Project (S.H.I.P.) program or other alternate funding sources through St. Lucie County Community Services that may be available. (C) Any request for financial hardship assistance shall be filed in the offices of the MSBU Coordinator. (D) The funds shall be awarded on a first come/first served basis, based on a sliding scale of the applicant's gross income. (E) A ward of funds shall cause a lien to be recorded upon said property for the term of the non-ad valorem special assessment. If subject property is sold within this timeframe, the County shall be entitled to a refund from the property owner based upon a prorated amount of the final assessment amount, plus all interest that would have accrued to said date of transfer of property ownership. Section 4. Limitations. (A) The Board, in its sole discretion, shall on an annual basis determine and designate the funds available to fulfill the purpose ofthis Resolution. The provision of hardship assistance in anyone year shall in no way establish a right or entitlement to such assistance in any subsequent year and the provision of funds in any year may be limited to the extent funds are available and appropriated by the board of county commissioners. (B) County expenditures for funding of the financial hardship assistance program shall consist solely of legally avaiJable funds other than those derived from special assessments. (C) Assistance will be available in every MSBU. (D) Assistance will be available for MSBU assessments only. Section 5. Application Deadline. Any request for financial hardship assistance or an exemption shall be filed in the offices of the MSBU coordinator at 2300 Virginia Avenue, Fort Pierce, Florida, prior to adoption of the Preliminary Assessment Roll. Failure to file such request within the time permitted shall constitute a waiver of such right. Section 6. Right of Applicant to Appeal; Determination of Eligibility. (A) An applicant may appeal the staff determination of ineligibility to an administrative review panel consisting of three (3) county employees appointed by the county administrator. The appeal shall be initiated by letter from the applicant to the county administrator and submitted within fifteen (15) days after issuance of the staff determination of ineligibility. The applicant may submit such additional documentation and evidence in support of the appeal as may not have reasonably been produced prior to the staff determination due to the unavailability of such documentation of the amount of time available for providing such documentation. The "- 'wi .. administrative review panel may allow the applicant to appear and offer under oath any relevant testimony that may assist the panel in making its determination. The administrative review panel shall promptly notify the applicant of its final determination. (B) Anyone wishing to appeal a determination of the administrative review panel may do so by submitting a written petition to the Board within fifteen (15) days after a notice of the determination from the administrative review panel. The Board may make its determination based upon the review of the initial application and documents, the written petition, and a written response provided by the administrative review panel. The Board, in its sole discretion, may grant the applicant a hearing, and notify the applicant of a time and date on which their appeal will be considered. The date shall be no sooner than seven (7) days after the filing of an appeal. The Board shall not be required to consider any evidence or documents not presented for review by staff or the administrative review panel, but may, in order to fulfill the purposes of this article, request, and receive additional evidence and testimony in order to effectuate the purpose of this article. Section 7. Repeal of Inconsistent Instruments. All resolutions of the County or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 8. Effective Date. This resolution shall take effect immediately upon its adoption. [Remainder of page intentionally left blank.] """ i Passed and Adopted this _ day of held. ST. LUCIE COUNTY, FLORIDA (SEAL) ATTEST: Clerk of the Board """" 2005, at a regular meeting duly called and By: Chair, Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney "\,f '-' ...., AGENDA REQUEST ITEM NO. 7 DATE: September 20, 2005 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 05-347 - Authorizing Borrowing of Not Exceeding $43,000,000.00 for Capital Projects BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 05- 347 as drafted. COMMISSION ACTION: CONCURRENCE: DC! APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 //- Douglas Ander~ County Administrator County Attorney: JY Review and Approvals Management & Budget Purchasing: Originating Dept, Public Warks Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff.5/96 '-' '-' INTER-OFFICE MEMORANDUM ST. LUCIE COUNìY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 05-1563 DATE: September 16, 2005 SUBJECT: Resolution No. 05-347 - Authorizing Borrowing of Not Exceeding $43,000,000.00 for Capital Projects *_******...**.******....*..****.*....******_**.****.*.*...*****w********.**..· BACKGROUND: Attached is a copy of Resolution No. 05-347 which provides for the borrowing of not exceeding $43,000,000.00 0 provide financing or refinancing for the acquisition of improvements to public buildings, roads and parks. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Resolution No. 05-347 as drafted, DSM/ caf Attachment '-" ""'" RESOLUTION NO. 05-347 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, PROVIDING FOR THE BORROWING OF NOT EXCEEDING $43,000,000 TO PROVIDE FINANCING OR REFINANCING FOR THE ACQUISITION AND CONSTRUCTION OF ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO PUBLIC BUILDINGS, ROADS AND PARKS WITHIN THE COUNTY; PROVIDING FOR THE ISSUANCE OF IMPROVEMENT REVENUE BONDS, SERIES 2005A (PARK IMP ACT FEES PROJECTS), IMPROVEMENT REVENUE BONDS, SERIES 2005B (PUBLIC BUILDINGS IMP ACT FEES PROJECTS), AND IMPROVEMENT REVENUE BONDS, SERIES 2005C (ROAD IMPACT FEES PROJECTS), AS EVIDENCE OF THE COUNTY'S OBLIGATION TO REPAY SUCH BORROWING; PROVIDING AS SECURITY FOR THE PAYMENT OF SUCH BONDS A LIEN UPON AND PLEDGE OF CERTAIN IMP ACT FEES; ADDITIONALLY PROVIDING FOR A COVENANT TO BUDGET AND APPROPRIATE FROM LEGALLY AVAILABLE NON-AD VALOREM REVENUES OF THE COUNTY AS ADDITIONAL SECURITY FOR SUCH BONDS; AUTI-IORIZING THE EXECUTION AND DELIVERY OF NECESSARY DOCUMENTS AND AUTI-IORIZING FURTI-IER OFFICIAL ACTION IN CONNECTION WITH THE DELIVERY OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the provisions of the Act, hereinafter defined. Section 2. Definitions. The following terms shall have the following meanings when used in this resolution unless the context clearly requires otherwise. Words importing singular number shall include the plural number in each case and vice versa, and words importing persons shall include firms and corporations. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Loan Agreement. "Act" means Chapter 125, Part I, Florida Statutes, as amended, Ordinance No. 87-77, as amended, Ordinance No. 85-10, enacted November 12, 1985, as amended, Ordinance No. 95-023, enacted September 19, 1995, as amended, Ordinance No. 95-041, enacted September 1, 1995, as amended of the Board, as amended, and other applicable provisions of law. "Board" means the Board of County Commissioners, as the governing body of the County. {5000/99/00030755.DOCv4 ) '-" ...., "Bond Service Requirement" shall mean, for any series of Bonds in any bond year, the amount required to pay interest, prepayment premium, if any and principal in such bond year. "Bonds" means, collectively, the Park Bonds, the Public Buildings Bonds and the Road Bonds, authorized hereby. "Chairman" means the Chairman of the Board, or in the Chairman's absence, the Vice Chairman. "Clerk" means the Clerk of the Circuit Court of St. Lucie County, Florida, or, in the Clerk's absence, any Deputy Clerk. "County" means St. Lucie County, Florida, a political subdivision of the State of Florida. "County Administrator" means the County Administrator of the County. "Covenant" means a covenant to budget and appropriate from Non-Ad Valorem Revenues the moneys necessary to supplement the Impact Fees to pay the principal of and interest on the Bonds when due. "Expansion Percentage" shall mean that number, expressed as a percentage, which represents that portion of the total cost of any Project or Projects financed from the proceeds of Bonds which is attributable to any improvements, extensions and additions of a Project, to meet the increased demand, whether actual or anticipated, created by new users of such Project, as shall be calculated or re-calculated by the Consulting Engineers and set forth in a certificate delivered each time a series of Bonds are issued hereunder. Upon completion of a Project, the Consulting Engineers shall adjust the Expansion Percentage to take into consideration proceeds expected to be utilized for Project purposes which in fact were not utilized for Project purposes. "Impact Fees" means, collectively, the Parks Impact Fees, the Public Buildings Impact Fees, and the Road Impact Fees. "Non-Ad Valorem Revenues" mean all or any specified portion of the revenues of the County derived from sources other than ad valorem taxation and legally available to pay principal of and interest on the Bonds. "Parks Impact Bonds" means the Improvement Revenue Bonds, Series 2005A (Park Impact Fees Project) issued to finance Parks Projects and secured by Parks Impact Fees and a Covenant. r "Parks Impact Fees" means the County's impact fees levied and collected pursuant to Ordinance No. 95-023, enacted September 19, 1995, as subsequently amended, but shall not include any amounts in excess of the Bond Service Requirement for any bond yea,r multiplied by the related Expansion Percentage. 2 {5000/99/000307 S5 ,DOCv4} '-' ...." "Parks Project" means the acquisition and construction of additions, extensions and improvements to the County's Parks, as more particularly described in Ordinance No. 95-023, enacted September 19,1995, as subsequently amended. "Paying Agent" means the Clerk of the Circuit Court of the County or such bank or trust company as shall be designated by subsequent resolution of the Board. "Project Costs" means all or a portion of the cost of undertaking the Project including, but not limited to: engineering, legal, accounting, and financial expenses; expenses for estimates of costs and of revenues; expenses for plans, specifications and surveys; fees of fiscal agents, financial advisors or consultants; administrative expenses relating solely to the Project; reimbursement to the County for any sums heretofore expended for the foregoing purposes to the extent permitted under the Code; and such other costs and expenses as may be necessary or incidental to the financing and refinancing of the Project. "Public Buildings Impact Bonds" means the Improvement Revenue Bonds, Series 2005B (Public Buildings Impact Fees Project) issued to finance Public Buildings Projects and secured by Public Buildings Impact Fees and a Covenant. "Public Buildings Impact Fees" means the County's impact fees levied and collected pursuant to Ordinance No. 95-041, enacted September 1, 1995, as subsequently amended, but shall not include any amounts in excess of the Bond Service Requirement for any bond year multiplied by the related Expansion Percentage. "Public Buildings Project" means the acquisition and construction of additions, extensions and improvements to the County's Public Buildings and all costs incidental thereto, as more particularly described in Ordinance No. 95-041, enacted September 1, 1995, as subsequently amended. "Roads Impact Bonds" means the Improvement Revenue Bonds, Series 2005C (Roads Impact Fees Project) issued to finance Roads Projects and secured by Roads Impact Fees and a Covenant. "Roads Impact Fees" means the County's impact fees levied and collected pursuant to Ordinance No. 85-10, enacted November 12,1985, as subsequently amended, but shall not include any amounts in excess of the Bond Service Requirement for any bond year multiplied by the related Expansion Percentage. "Roads Project" means the acquisition and construction of additions, extensions and improvements to the County's Roads and all costs incidental thereto, as more particularly described in Ordinance No. 85-10, enacted November 12, 1985, as subsequently amended. 3 {5000/99/000307 55 .DOCv4} '-' ....., "Revenues" means all moneys received by the County from the levy and collection of the Impact Fees. "Series 2005 Project" means, collectively, the Public Buildings Project, the Roads Project, and the Parks Project, and all costs incidental thereto, as more particularly described in Exhibit A hereto; provided that the Board shall have the right to modify the facilities described in Exhibit A in their sole discretion. "Supplemental Resolution" means a resolution supplemental to this resolution setting forth the fiscal and other details of the Bonds, Section 3. Findings. It is hereby found, declared, and determined by the Board: (A) It is necessary and desirable and in the best interests of the health, safety and welfare of the County and its inhabitants that the County undertake the Series 2005 Project. The County is authorized pursuant to the provisions of the Act to undertake the Series 2005 Project. (B) The County is without adequate, currently available funds to pay Project Costs of the Series 2005 Project, and it is necessary and desirable and in the best interests of the County that it borrow the moneys necessary for the Series 2005 Project. The County is authorized pursuant to the provisions of the Act to borrow moneys necessary to pay such Project Costs. (C) The County anticipates receiving the Revenues, and the Revenues are not pledged or encumbered to pay any obligations of the County. (D) It is necessary and desirable and in the best interests of the County that it issue (i) the Parks Impact Bonds to finance the Parks Project portion of the Series 2005 Project, (ii) the Public Building Impact Bonds to finance the Public Buildings Project portion of the Series 2005 Project, and (iii) the Roads Impact Bonds to finance the Roads Project portion of the Series 2005 Project. (E) It is necessary and desirable and in the best interests of the County that it enter into the Covenant as additional security for repayment of the Bonds. (F) It is necessary and desirable and in the best interests of the County to authorize and approve the making of arrangements for the sale of the Bonds and the taking of all other action in connection therewith. Section 4. Authorization of Bonds; Series of Bonds; Supplemental Resolution. Subject and pursuant to the provisions hereof and in accordance with the provisions of the Supplemental Resolution the issuance by the County of its (i) Improvement Revenue Bonds, Series 200SA (Parks Impact Fees Projects), (ii) Improvement Revenue Bonds, Series 200SB (Public Buildings Impact 4 {5000!99!00030755.DOCv4 ) \w' ...." Fees Project), and (iii) Improvement Revenue Bonds, Series 2005C (Roads Impact Fees Project), in an aggregte principal amount not to exceed $43,000,000, to be dated, to bear interest, to be payable, to mature, to be subject to redemption and to have such other characteristics as provided in the Supplemental Resolution, is hereby authorized. The security for Bonds of a series shall be the Impact Fees that are legally available to pay the cost of the Project to be financed with the Bonds of such series; specifically, the Parks Impact Bonds are secured by the Parks Impact Fees only, the Public Buildings Impact Bonds are secured by the Public Buildings Impact Fees only, and the Roads Impact Bonds are secured by the Roads Impact Fees only. In addition, each series of Bonds is secured by the Covenant. The fiscal and other details of the Bonds shall be set forth in the Supplemental Resolution. Section 5. Authorization of Other Action; Validation. The Chairman, the Clerk, the County Administrator, the Finance Director, and the County Attorney are each designated agents of the County in connection with the preparation for sale of the Bonds and are authorized and empowered, collectively or individually, to take all action and steps to execute and deliver any and all instruments, documents or contracts on behalf of the County which are necessary or desirable in connection with the sale of the Bonds, including, but not limited to, the commencement of validation proceedings for validation of the Bonds and the Impact Fees and proceedings relative thereto. Section 6. Repeal of Inconsistent Provisions. All resolutions or parts thereof in conflict with this resolution are hereby repealed to the extent of such conflict. Section 7. Severability. If anyone or more of the covenants, agreements, or provisions of this resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and in no way affect the validity of all other provisions of the Resolution or of the Bonds or Loan Agreement delivered hereunder. Section 8. Effective Date. This resolution shall take effect immediately upon its adoption. 5 {5000/99/00030755.DOCv4 } '-' ...." Passed and Adopted this _ day of September, 2005, at a regular meeting duly called and held. S1. LUCIE COUNTY, FLORIDA (SEAL) By: Chair, Board of County Commissioners A TrEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney 6 {5000/99/00030755.DOCv4 } '-' EXHIBIT A PROJECT DESCRIPTION Parks: Completion of the South County Regional Football/Soccer Stadium Public Buildings Refinance the 2003 Addition to the Rock Road Jail Workfarm Facility Roads Widening of Midway Road from South 25th Street to Turnpike TOTAL {5000/99/00030755 .DOCv4} 5000/99/00030743.DOCv1 } ""'" $ 3,000,000 20,500,000 354,000 15.000,000 $38,854,000 ~ '-' t..~ .-.4 ( ~.J.., - C&\A!w J.. ~~ -kff'oS ~ RESOLUTION NO. 05-347 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, PROVIDING FOR THE BORROWING OF NOT EXCEEDING $43,000,000 TO PROVIDE FINANCING OR REFINANCING FOR THE ACQUISITION AND CONSTRUCTION OF ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO PUBLIC BUILDINGS, ROADS AND PARKS WITHIN THE COUNTY; PROVIDING FOR THE ISSUANCE OF IMPROVEMENT REVENUE BONDS, SERIES 2005A (P ARK IMPACT FEES PROJECTS), IMPROVEMENT REVENUE BONDS, SERIES 2005B (PUBLIC BUILDINGS IMPACT FEES PROJECTS), AND IMPROVEMENT REVENUE BONDS, SERIES 2005C (ROAD IMP ACT FEES PROJECTS), AS EVIDENCE OF THE COUNTY'S OBLIGATION TO REPAY SUCH BORROWING; PROVIDING AS SECURITY FOR THE PAYMENT OF SUCH BONDS A LIEN UPON AND PLEDGE OF CERTAIN IMPACT FEES; ADDITIONALLY PROVIDING FOR A COVENANT TO BUDGET AND APPROPRIATE FROM LEGALLY A V AILABLE NON-AD VALOREM REVENUES OF THE COUNTY AS ADDITIONAL SECURITY FOR SUCH BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF NECESSARY DOCUMENTS AND AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION WITH THE DELIVERY OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMJSSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the provisions of the Act, hereinafter defined. Section 2. Definitions. The following terms shall have the following mearùngs when used in this resolution unless the context clearly requires otherwise. Words importing singular number shall include the plural number in each case and vice versa, and words importing persons shall include firms and corporations, Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Loan Agreement. "Act" means Chapter 125, Part I, Florida Statutes, as amended, Ordinance No. 87-77, as amended, Ordinance No. 85-10, enacted November 12, 1985, as amended, Ordinance No. 95-023, enacted September 19, 1995, as amended, Ordinance No. 95-041, enacted September 1, 1995, as amended of the Board, as amended, and other applicable provisions of law. "Board" means the Board of County Commissioners, as the governing body of the County. 1 {5000199/000307 55.DOCv6} \wi ...., ; "Bond Service Requirement" shall mean, for any series of Bonds in any bond year, the amount required to pay interest, prepayment premium, if any and principal in such bond year. "Bonds" means, collectively, the Park Bonds, the Public Buildings Bonds and the Road Bonds, authorized hereby. "Chairman" means the Chairman of the Board, or in the Chairman's absence, the Vice Chairman. "Clerk" means the Clerk of the Circuit Court of St. Lucie County, Florida, or, in the Clerk's absence, any Deputy Clerk. "County" means St. Lucie County, Florida, a political subdivision of the State of Florida. "County Administrator" means the County Administrator of the County, "Covenant" means a covenant to budget and appropriate from Non-Ad Valorem Revenues the moneys necessary to supplement the Impact Fees to pay the principal of and interest on the Bonds when due. "Expansion Portion" shall mean the portion of a project intended to increase the capacity of the applicable facilities of the County to serve development which will pay the impact fees as opposed to replacing or upgrading existing facilities in a manner that does not provide additional capacity, as reasonably determined by the County. "Impact Fees" means, collectively, the Parks Impact Fees, the Public Buildings Impact Fees, and the Road Impact Fees. "Non-Ad Valorem Revenues" mean all or any specified portion of the revenues of the County derived from sources other than ad valorem taxation and legally available to pay principal of and interest on the Bonds. "Parks Impact Bonds" means the Improvement Revenue Bonds, Series 2005A (Park Impact Fees Project) issued to finance or refinance the Expansion Portion of Parks Projects and secured by Parks Impact Fees and a CovenaJ;lt. "Parks Impact Fees" means the County's impact fees levied and collected pursuant to Ordinance No. 95-023, enacted September 19,1995, as subsequently amended. "Parks Projects" means the acquisition and construction of additions, extensions and improvements to the County's Parks, as more particularly described in Ordinance No. 95-023, enacted September 19, 1995, as subsequently amended. 2 {5000199/00030755.DOCv6 } '-' ...., ; "Paying Agent" means the Clerk of the Circuit Court of the County or such bank or trust company as shall be designated by subsequent resolution of the Board. "Project" means, collectively, the Parks Projects, the Public Buildings Projects and the Roads Projects, as the case may be. "Project Costs" means all or a portion of the cost of undertaking the Project including, but not limited to: engineering, legal, accounting, and financial expenses; expenses for estimates of costs and of revenues; expenses for plans, specifications and surveys; fees of fiscal agents, financial advisors or consultants; administrative expenses relating solely to the Project; reimbursement to the County for any sums heretofore expended for the foregoing purposes to the extent permitted under the Code; and such other costs and expenses as may be necessary or incidental to the financing and refinancing of the Project. "Public Buildings Impact Bonds" means the Improvement Revenue Bonds, Series 2005B (Public Buildings Impact Fees Project) issued to finance or refinance the Expansion Portion of Public Buildings Projects and secured by Public Buildings Impact Fees and a Covenant. "Public Buildings Impact Fees" means the County's impact fees levied and collected pursuant to Ordinance No. 95-041, enacted September 1,1995, as subsequently amended. "Public Buildings Projects" means the acquisition and construction of additions, extensions and improvements to the County's Public Buildings and all costs incidental thereto, as more particularly described in Ordinance No. 95-041, enacted September 1, 1995, as subsequently amended. "Roads Impact Bonds" means the Improvement Revenue Bonds, Series 2005C (Roads Impact Fees Project) issued to finance or refinance the Expansion Portion of Roads Projects and secured by Roads Impact Fees and a Covenant. "Roads Impact Fees" means the County's impact fees levied and collected pursuant to Ordinance No. 85-10, enacted November 12, 1985, as subsequently amended. "Roads Projects" means the acquisition and construction of additions, extensions and improvements to the County's Roads and all costs incidental thereto, as more particularly described in Ordinance No. 85-10, enacted November 12, 1985, as subsequently amended. "Revenues" means all moneys received by the County from the levy and collection of the Impact Fees. "Series 2005 Project" means, collectively, the Public Buildings Projects, the Roads Projects, and the Parks Projects, and all costs incidental thereto, more particularly described in Exhibit A 3 {5000/99/00030755.DOCv6 ) '-' ....I ~ hereto and in the plans related thereto on file with the County Manager; provided that the Board shall have the right to modify the facilities described in Exhibit A in its sole discretion. "Supplemental Resolution" means a resolution supplemental to this resolution setting forth the fiscal and other details of the Bonds. Section 3. Findings. It is hereby found, declared, and determined by the Board: (A) It is necessary and desirable and in the best interests of the health, safety and welfare of the County and its inhabitants that the County undertake the Series 2005 Project. The County is authorized pursuant to the provisions of the Act to undertake the Series 2005 Project. (B) The County is without adequate, currently available funds to pay Project Costs of the Series 2005 Project, and it is necessary and desirable and in the best interests of the County that it borrow the moneys necessary for the Series 2005 Project. The County is authorized pursuant to the provisions of the Act to borrow moneys necessary to pay such Project Costs. (C) The County anticipates receiving the Revenues, and the Revenues are not pledged or encumbered to pay any obligations of the County. (D) It is necessary and desirable and in the best interests of the County that it issue (i) the Parks Impact Bonds to finance or refinance the Expansion Portion of Parks Projects constituting part of the Series 2005 Project, (ii) the Public Building Impact Bonds to finance or refinance the Expansion Portion of the Public Buildings Projects constituting part of the Series 2005 Project, and (iii) the Roads Impact Bonds to finance or refinance Expansion Portion of the Roads Projects constituting part of the Series 2005 Project. (E) It is necessary and desirable and in the best interests of the County that it enter into the Covenant as additional security for repayment of the Bonds. (F) It is anticipated that, together with revenues budgeted and appropriated pursuant to the Covenant (i) the Parks Impact Fees will be sufficient to pay the Parks Impact Fees Bonds, (ii) the Public Buildings Impact Fees will be sufficient to pay the Public Buildings Impact Fees Bonds, and (iii) Roads Impact Fees will be sufficient to pay the Roads Impact Fees Bonds. (G) It is necessary and desirable and i~ the best interests of the County to authorize and approve the making of arrangements for the sale of the Bonds and the taking of all other action in connection therewith. Section 4. Authorization of Bonds; Series of Bonds; Supplemental Resolution. Subject and pursuant to the provisions hereof and in accordance with the provisions of the Supplemental Resolution the issuance by the County of its (i) Improvement Revenue Bonds, Series 2005A 4 {5000/99/000 307 5 5. DOCv6} ~ ....J (Parks Impact Fees Projects) to finance the Expansion Portion of the Series 2005 Project constituting Parks Projects, (ii) Improvement Revenue Bonds, Series 2005B (Public Buildings Impact Fees Project) to finance the Expansion Portion of the Series 2005 Project constituting Public Buildings Projects, and (iii) Improvement Revenue Bonds, Series 2005C (Roads Impact Fees Project) to finance the Expansion Portion of the Series 2005 Project constituting Roads Projects, in an aggregate principal amount not to exceed $43,000,000, to be dated, to bear interest, to be payable, to mature, to be subject to redemption and to have such other characteristics as provided in the Supplemental Resolution, is hereby authorized. The security for Bonds of a series shall be the Impact Fees that are legally available to pay the cost of the Project to be financed with the Bonds of such series; specifically, the Parks Impact Bonds are secured by the Parks Impact Fees only, the Public Buildings Impact Bonds are secured by the Public Buildings Impact Fees only, and the Roads Impact Bonds are secured by the Roads Impact Fees only. In addition, each series of Bonds is secured by the Covenant as described in the following section. The fiscal and other details of the Bonds shall be set forth in the Supplemental Resolution. Section 5. Covenant to Budget and Appropriate. Subject to the next paragraph, the County covenants and agrees to appropriate in its annual budget, by amendment, if necessary, from Non-Ad Valorem Revenues, amounts sufficient to pay principal of and interest on the Bonds not being paid from Impact Fees or from other amounts as the same shall become due. Such covenant and agreement on the part of the County to budget and appropriate such amounts of Non-Ad Valorem Revenues shall be cumulative to the extent not paid, and shall continue until such Non-Ad Valorem Revenues or other legally available funds in amounts sufficient to make all such required payments shall have been budgeted, appropriated and actually paid. No lien upon or pledge of such budgeted Non-Ad Valorem Revenues shall be in effect until such monies are budgeted and appropriated. The County further acknowledges and agrees that the obligations of the County to include the amount of any deficiency in payments in each of its annual budgets and to pay such deficiencies from Non-Ad Valorem Revenues may be enforced in a court of competent jurisdiction in accordance with the remedies set forth herein. Such covenant to budget and appropriate does not create any lien upon or pledge of such Non-Ad Valorem Revenues, nor does it preclude the County from pledging in the future its Non-Ad Valorem Revenues, nor does it require the County to levy and collect any particular Non-Ad Valorem Revenues, nor does it give the holders of a Bond a prior claim on the Non-Ad Valorem Revenues as opposed to claims of general creditors of the County. Such covenant to budget and appropriate Non-Ad Valorem Revenues is subject in all respects to the prior payment of obligations secured by a pledge of such Non-Ad Valorem Revenues heretofore or hereafter entered into (including the payment of debt service on bonds and other debt instruments). Anything in this Resolution to the contrary notwithstanding, it is understood and agreed that all obligations of the County hereunder shall be payable from the portion of Non- Ad Valorem Revenues budgeted and appropriated as provided for hereunder and nothing herein shall be deemed to pledge ad valorem tax revenues or to permit or constitute a mortgage or lien upon any assets owned by the County and no holder of the Bonds nor any other person, 5 {5000/99/00030755.DOCv6} ,-".. ...."J' may compel the levy of ad valorem taxes on real or personal property within the boundaries of the County. Notwithstanding any provisions of this Resolution to the contrary, the County shall never be obligated to maintain or continue any of the activities of the County which generate user service charges, regulatory fees or any Non-Ad Valorem Revenues. Neither this Resolution nor the obligations of the County hereunder shall be construed as a pledge of or a lien on all or any legally available Non-Ad Valorem Revenues of the County, but shall be payable solely as provided herein and is subject in all Ýespects to the provisions of the laws of the State of Florida, and is subject, further, to the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County. Section 6. Authorization of Other Action; Validation. The Chairman, the Clerk, the County Administrator, the Finance Director, and the County Attorney are each designated agents of the County in connection with the preparation for sale of the Bonds and are authorized and empowered, collectively or individually, to take all action and steps to execute and deliver any and all instruments, documents or contracts on behalf of the County which are necessary or desirable in connection with the sale of the Bonds, including, but not limited to, the commencement of validation proceedings for validation of the Bonds and the Impact Fees and proceedings relative thereto. Section 7. Repeal of Inconsistent Provisions. All resolutions or parts thereof in conflict with this resolution are hereby repealed to the extent of such conflict. Section 8. Severability. If anyone or more of the covenants, agreements, or provisions of this resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and in no way affect the validity of all other provisions of the Resolution or of the Bonds or Loan Agreement deJivered hereunder. Section 9. Effective Date. This resolution shall take effect immediately upon its adoption. 6 {5000/99/000307 55 .DOCvó} '-" .., Passed and Adopted this _ day of September, 2005, at a regular meeting duly called and held. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chair, Board of County Commissioners ATTEST: By: Clerk of the Circuit Court, ex-officioClerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney 7 {5000/99/00030755 DOCv6] ....... ' EXHIBIT A PROJECT DESCRIPTION Parks: Completion of the South County Regional Football/Soccer Stadium Public Buildings Refinance the 2003 Addition to the Rock Road Jail Workfarm Facility Roads Widening of Midway Road from South 25th Street to Turnpike TOTAL {5000/99/0003075 5.DOCv6} 5000/99/00030743.DOCv ] } .. .J $ 3,000,000 20,500,000 354,000 15,000,000 $38,854,000 .- OS!~16/05 FZABWARR FUND 001 001156 001165 001166 001168 001289 001290 001293 001294 001298 001402 001814 101 101003 101106 101213 101215 102 102001 105 107 107001 107002 107003 107006 109 140 140001 160 183 183004 183006 185005 185006 187 310003 315 316 316201 37004 382 39007 396 401 418 421 441 448 '-' ST. LUCIE COUNTY - BOARD WARRANT LIST #51- 10-SEP-2005 TO 16-SEP-2005 FUND SUMMARY TITLE General Fund FTA USC Seeton 5307 Oper. Assist. CSBG Grant FY05 Section 112/MPO/FHWA/Planning 05 Urban Mobile Irrigation Lab 04/05 FDOT Trans Buses and Infrastructure CTD Medicaid Non Emerg. Trips TDC Planning Grant FY 05 FDCA/EMPA 2005 FL Cultural Support Program FYOs Hurricane Impact Marketing Floridian Aquifer Well Monitoring N Transportation Trust F~nd Transportation Trust/Local Option USDA (NRCS) Emergency Watershed Prt FDOT 25th St. Widening FDOT Traffic Signal System Grant Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology Drug Abuse Fund Port & Airport Fund Port Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP FY04/05 FHFA SHIP FY05/06 Boating Improvement Projects Impact Fees-Public Buildings County Building Fund County Capital FDEP/FRDAP Savanna Rec Phase II Grey Twig Lane MSBU Environmental Land Capital Fund Indian River Estates MSBU Lennard Road 1 - Roadway Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Uti1-Renewa1 & Replacement Fund EXPENSES 410,165.20 25.08 7,073.38 70,980.38 15.40 1,315.46 52,682.00 9.70 3,987.72 1,987.00 18,243.00 16.82 36,681.96 550.00 4,200.00 176,426.03 495.00 37,972.35 23,033.52 3,599.36 65,850.67 1,197.29- 19,158.55 3,977.99 2,796.58 56.96 97,403.93 6.41 5.162.82 806.22 35.20 185.89 0.00 688.03 325.00 451,668.98 23,956.24 91,091.16 14,940.00 13,801.00 1,293.64 3,581.86 192.50 210,466.13 9,553.70 104.54 440,160.24 1,830.69 ...., PAGE PAYROLL 6,355.11 0.00 2,386.80 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 4,703.04 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 40,293.40 0.00 0.00 1,006.72 1,165.64 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,040.49 0.00 471.30 1,767.30 353.46 1 09/16/05 FZABWARR FUND 449 451 458 461 471 478 479 481 489 491 505 505001 611 625 ....... ST. LUCIE COUNTY - BOARD WARRANT LIST #51- 10-SEP-2005 TO 16-SEP-200s FUND SUMMARY TITLE 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 Airport Util - Capital Fac Fund Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library GRAND TOTAL: EXPENSES 7.30 20,611.26 4.77 23,585.75 341,934.61 1.26 8.52 5.24 0.20 7,494.58 106,391.76 24.20 544.88 48,984.59 2,856,955.92 '-' PAGE PAYROLL 1,649.48 1,767.30 942.56 0.00 1,767.30 235.64 1,531.68 942.56 0.00 0.00 6,339.36 0.00 0.00 0.00 77,719.14 2 ~/ '-' ..., AGENDA REQUEST ITEM NO.C2A DATE: September 20, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 05-361 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-362 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. 05-361 and Resolution No. 05-362 and authorize the Chairman to sign the Resolutions. [~ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: J~ -----. Douglas Anderson County Administrator COMMISSION ACTION: County Attorney: 9r Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 '-" 'WIÎ - . 0/ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 05-1542 DATE: September 13, 2005 SUBJECT: Resolution No. 05-361 Extending the State of Emergency for Hurricane Frances; Resolution No. 05-362 Extending the State of Emergency for Hurricane Jeanne ************************************************************************** BACKGROUND: Attached are the following documents: L Draft Resolution No. 05-361 extending the state of emergency for Hurricane Frances until October 1, 2005 at 4:00 p.m. 2. Draft Resolution No. 05-362 extending the state of emergency for Hurricane Jeanne until October 2, 2005 at 7:00 a.m. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board approve Resolution No. 05-361 and Resolution No. 05-362 as drafted. Daniel S. McIntyr County Attorney DSMI caf Attachments '-" ..." , RESOLUTION NO. 05-361 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 October 1, 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 September 24, 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 - '-' 'WI PASSED AND DULY ADOPTED this 20th day of September, 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. 05-362 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 October 2, 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 September 25, 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 , '-' ..., PASSED AND DULY ADOPTED this 20th day of September, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESs: COUNTY ATTORNEY " ... '-' AGENDA REQUEST ..., ITEM NO. C-2.B Date: September 20, 2005 Regular [ ] Public Hearing [ ] Consent [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Animal Impoundment Services - Agreement with Humane Society of St. Lucie County, Inc. BACKGROUND: See C.A. No. 05-1556 FUNDS A V AIL. (State type & No. of transaction or N/A): Account No. ] 02-6240-5820004-600 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed agreement with Humane Society of St. Lucie County, Inc., and authorize the Chairman to sign the agreement. COMMISSION ACTION: Approved 5-0 C:Z:E' {fc¡uglas M. Anders;;;¡- County Administrator rx APPROVED [] DENIED [ ] OTHER: Coordination/Sil.!natu res Mgt. & Budget: Purchasing: Other: Other: , ' '-" ..., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 05-1556 DATE: September 14, 2005 SUBJECT: Animal Impoundment Services - Agreement with Humane Society of St. Lucie County, Inc. BACKGROUND: Attached to this memorandum is a copy of the proposed agreement with Humane Society of St. Lucie County, Inc. which provides for the Humane Society to provide animal impoundment services to the Animal Control Division for the period October 1, 2005 through September 30, 2006. The price of one hundred eight and 00/1 00 dollars ($108.00) per animal remains unchanged from the current agreement. Funds in the amount of three hundred sixty thousand five hundred and 001100 dollars ($360,500.00) have been included in the fiscal year 2005-06 budget for this expenditure. RECOMMENDA nON/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed agreement with Humane Society of St. Lucie County, Inc., and authorize the Chairman to sign the agreement. Respectfully submitted, ~~ Heather Young Assistant County Attorney Attachment HY/ Copies to:. County Administrator Public Safety Director Finance Director Management and Budget Director Deputy Clerk '-" ...; AGREEMENT THIS AGREEMENT, made and entered into this day of ,2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and HUMANE SOCIETY OF ST. LUCIE COUNTY, INC., a not-for-profit corporation under the laws of the State of Florida, hereinafter referred to as "Humane Society". WITNESSETH: WHEREAS, the County, through its operation of its Animal Control Division (the "Division") and in the enforcement of state and local laws regulating animal control and in protection of the health, safety, and welfare of the residents of the County, takes into custody or impounds both wild and domestic animals; and, WHEREAS, the Humane Society has the ability to provide facilities for the impoundment of such animals and the provision of other services to the Animal Control Division, as well as to the residents of the County; and, WHEREAS, the parties agree to mutually cooperate for the purpose of controlling animals within the County. NOW, THEREFORE, in consideration of the premises ana the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1. The Humane Society shall be the exclusive provider of shelter, board and care for all animals other than livestock picked up within the jurisdiction of the Division or received from the residents of the unincorporated areas of the County and delivered to the Humane Society by either the Division or by any resident of the unincorporated area of the County, until the animal is returned to its owner, adopted or otherwise disposed of at the discretion of the Humane Society and in accordance with state and local laws. Delivery of any animal pursuant to this Agreement shall be made to the Humane Society's shelter located at 100 Savannah Road, Fort Pierce, Florida. TIle Humane Society shall further provide for quarantine of all animals brought to its shelter which have been involved in a biting incident. 2. The Humane Society shall provide appropriate medical care, at its discretion, and preventive vaccinations whenever possible to animals delivered to its shelter by the Division or by any resident of the unincorporated areas of the County. 3. The Humane Society shall treat whenever possible flea and tick invasion of outer extremities of animals delivered to its shelter by the Division or by any resident of the unincorporated areas of the County. -1- "", ..I 4. The Humane Society shall provide the County with a monthly record of all animals delivered to the Humane Society's shelter by the Division and residents of the unincorporated areas of the County, and the number of animals returned to owners in the unincorporated areas of the County, including the names and addresses of the residents who drop off animals and the owners to whom the animals are returned. The monthly reports shall be produced by the Humane Society and delivered to the County or before the fifth day of the month following the month for which the report is prepared. The report shall be adjusted by the Division on or before the fifteenth day of the month following the month for which the report is prepared. In the event of a dispute regarding the figures, the County's adjustment shall govern. 5. The term of this Agreement shall begin on October 1,2005, and shall continue through and including September 30, 2006, unless otherwise terminated as provided under this Agreement. 6. It is further agreed: A) For and in consideration for the services performed by the Humane Society in accordance with this Agreement, the County shall compensate the Humane Society at a base rate of one hundred eight and 00/100 dollars ($108.00) per domestic animal delivered, sheltered, boarded or cared for by the Humane Society pursuant to this Agreement. The County shall pay the Humane Society the amount due based upon the monthly reports submitted as provided in paragraph 4. Payment shall be due on or before the thirty (30) days following the receipt ofthe monthly report. B) For and in consideration for services performed by the Humane Society in accordance with this agreement, the County shall compensate the Humane Society for wild animals (raccoon, opossum, etc.) in the amount of five and 00/1 00 dollars ($5.00) per wild animal delivered, sheltered, boarded or cared for by the Humane Society pursuant to this Agreement. The County shall pay the Humane Society the amount due based upon the monthly reports submitted as provided in paragraph 4. Payment shall be due on or before the thirty (30) days following the receipt of the monthly report. C) For and in consideration for services performed by the Humane Society in accordance with this Agreement, the County shall compensate the Humane Society for animals boarded by the Humane Society pending legal action initiated by the County one hundred eight and 00/100 dollars ($108.00) for the first seven (7) days and ten and 00/1 00 dollars ($10.00) per day thereafter. D) If during the term of this Agreement, there becomes an unexpected increase in the operating expenses of such magnitude as to cause a material and adverse financial burden upon the Humane Society, the Humane Society shall provided proof of such increase to the County Administrator, and upon mutual agreement of the parties, the price per animal may be adjusted, and if a mutual agreement cannot be reached -2- "'; .. 'W within sixty (60) days from the date first proposed to the County Administrator, the Humane Society shall have the right to exercise its option to terminate this Agreement as provided herein without penalty. 7. The Humane Society gives the COWlty the right, until the expiration of three (3) years after expenditures of funds under this Agreement to audit the use of the monies paid hereunder. Upon ten (10) days written notice, the County at its sole expense shall have access to and the right to examine relevant books, documents, papers, and records of the Humane Society involving transactions related to the monies paid hereunder. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds, 8. The Humane Society agrees to fully indemnify and hold harmless the County, its representatives, employees, elected and appointed officials from and against claims, demands, legal fees, costs of action, losses, damages or other expenses occasioned by any negligent act, conduct, error or omission by the Humane Society, its agents and employees in the performance of this Agreement. The parties acknowledge and agree that the compensation paid to the Humane Society hereunder includes consideration for such indemnification. 9. The Humane Society agrees to comply with all local, state and federal laws, rules, and regulations in the performance ofthis Agreement. 10. Either party may terminate this Agreement with or without cause upon thirty (30) days prior written notice to the other party. 11. All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County; With A Copy To: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft. Pierce, Florida 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, Florida 34982 As To Humane Society: Humane Society ofSt. Lucie County, Inc. P.O. Box 3661 Fort Pierce, Florida 34948 -3- ""'. .."J' 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. 12. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for contract modifications, the Humane Society agrees to use said forms. The Humane Society shall not delegate, assign, or subcontract any part of the work under this Agreement without first obtaining written consent of the Count. 13. Except as otherwise provided, this Agreement shall be binding upon and shall inure to the benefit of the parties. 14. The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 15. The Humane Society represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes. The Humane Society further represents that no person having any interest shall be employed for said performance. The Humane Society shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Humane Society's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Humane Society may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by Humane Society. The County agrees to notify the Humane Society of its opinion by certified mail within thirty (30) days of receipt of notification by the Humane Society. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Humane Society, the County shall so state in the notification and Humane Society shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Humane Society under the terms of this Agreement 16. In the event of a dispute between the parties in connection with this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available -4- ~' '" ....., from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 17. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year 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: HUMANE SOCIETY OF ST. LUCIE COUNTY, INC. BY: EXECUTIVE ADMINISTRATOR SECRETARY (SEAL) g: \agreemn t\c on tra ct\h u man e.society. 05. wpd -5- \. " '-' ..., AGENDA REQUEST ITEM NO. C2c DATE: September 20, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [XX TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Amended Interlocal Agreement - fire/EMS Impact fee - City of Port St. Lucie BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Amended Interlocal Agreement and authorize the Chairman to sign the Agreement. COMMISSION ACTION: NCE: Douglas Anderson County Administrator tXJ APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: ~ Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eft. 5/96 '-' 'WJI ;: INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORI[)A TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 05":1561 DATE: September 15, 2005 SUBJECT: Amended Interlocaf Agreement - Fire/EMS Impact Fee - City of Port St. Lucie ****************..********************...*************..*....*.******..*****.. BACKGROUND: Attached to this memorandum is a copy of a proposed amended interlocal agreement with the City of Port St. Lucie pertaining to the collection of impact fees for Fire/EMS. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. DSM/ caf Attachment '-' ...,,; ; Amended InterlocaI Agreement Concerning FirefEMS Impact Fee Ordinance THIS AMENDED INTERLOCAL AGREEMENT (hereinafter referred to as "Amended Agreement"), amending that previous Agreement dated October 18,2000, is hereby made and entered into this _ day of , 2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter referred to as the "County"); the CITY OF PORT ST. LUCIE, FLORIDA, a municipal corporation of the State of Florida (hereinafter referred to as the "City"); and the ST. LUCIE COUNTY FIRE DISTRICT, a special taxing district of the State of Florida (hereinafter referred to as "District"). WITNESSETH: WHEREAS, the County has adopted Ordinance No. 00-003, the FirelEMS Impact Fee Ordinance, effective October 1,2000; and WHEREAS, said fee is to be effected and collected within both the County and the City; and WHEREAS, the parties entered into a previous Agreement dated October 18, 2000; and WHEREAS, the parties wish to amend said Agreement; and WHEREAS, the City wishes to be allowed to collect the FirelEMS impact fee as an agent for the County in this regard; and WHEREAS, the County and the District wish to have the City collect the FirelEMS impact fee as an agent for the County, under the terms and conditions specified hereunder; and '-" ..., WHEREAS, the District is to be the ultimate recipient and user of FirelEMS impact fee funds, except such portion of the funds as may be retained by the collecting governmental unit to compensate for the administrative expense of collecting and administering the FirelEMS Impact Fee Ordinance. NOW, THEREFORE, in consideration of the mutual promises, premises, covenants, and conditions contained herein, the parties hereto hereby agree as follows: Section 1. This Amended Agreement is entered into pursuant to Section 163.01, Florida Statutes, the Interlocal Cooperation Act of 1969. Section 2. The parties agree that the County's FirelEMS Impact Fee Ordinance shall be effective within the City's jurisdiction, unless this Amended Agreement is terminated as hereinafter provided. Section 3. The County agrees: a. To permit the City to collect the applicable FirelEMS impact fee as specified in the County's Fire/EMS Impact Fee Ordinance prior to the issuance of any building permit, mobile home permit, or electrical permit for a recreational vehicle park intended to be constructed within the City's jurisdiction. b. To permit the City to remit to the District all funds collected within the City's jurisdiction as FirelEMS impact fees with the exception offour per cent (4%) of the funds collected which amount shall be retained by the City as a fee for the administrative expense of collecting and transmitting the funds. The City shall remit the collected funds monthly to the District, with payment being made to the District by the 15th day of the following month. c. To collect the applicable FirelEMS impact fee as specified in the County's FirelEMS Impact Fee Ordinance prior to the issuance of any building permit, mobile 2 "" ....I home permit, or electrical permit for a recreational vehicle park intended to be constructed within the County's jurisdiction, pursuant to the provisions of a separate Interlocal Agreement between the County and the District. Section 4. The City agrees: a. To collect the applicable FireÆMS impact fee as specified in the County's FireÆMS Impact Fee Ordinance prior to the issuance of any building permit, mobile home permit, or electrical permit for a recreational vehicle park intended to be constructed within the City's jurisdiction. b. To remit to the District all funds collected within the City's jurisdiction as Fire/EMS impact fees with the exception of four per cent (4%) of the funds collected which amount shall be retained by the City as a fee for the administrative expense of collecting and transmitting the funds. The City shall remit the collected funds monthly to the District, with payment being made to the District by the 15th day of the following month. c. To contact the County Administrator or his designee when a building permit, mobile home permit, or electrical pemit for a recreational vehicle park is applied for within the City's jurisdiction that is not specifically listed in the County's FireÆMS Impact Fee Ordinance, and to collect the fee as determined for that use by the County Administrator or his designee. d. To notify the District Fire Chief or his designee of any application for impact fee refund received by the City. e. To notify the District Fire Chief or his designee when a developer within the jurisdiction of the City, in lieu of paying all or part of the FireÆMS impact fee, offers 3 'w' .."", to dedicate or convey land to the District for a Fire StationÆMS site that would be eligible for credit under the County FireÆMS Impact Fee Ordinance. Section 5. The District agrees: a. To provide to the City such administrative procedures and administrative assistance in setting up bookkeeping and other accounting procedures as may be necessary for the City to collect the impact fee. b. To maintain all records of the impact fee, including the name, address and amount paid for each building permit, mobile home permit, or electrical permit for a recreational vehicle park issued by the City as furnished by the collecting agency. c. To hold the City harmless should any suit or legal action be brought to contest (1) the validity of the County's FireÆMS Impact Fee Ordinance; (2) the amount of any impact fee imposed pursuant to the County's FireÆMS Impact Fee Ordinance; or (3) the appropriateness of the use and expenditure of impact fee funds. District agrees to provide any legal defense necessary at no cost to the City. Should any court order any refund of any impact fee or should any refund be agreed to by the District, said refund shall be paid solely by the District. d. To provide the City, upon request, financial reports and information showing the amount of impact fees collected and transferred by the City to the District and the amount of expenditures by the District. Section 6. The District shall have the final authority, pursuant to Section 1- 7.9-07 of the St. Lucie County FireÆMS Impact Fee Ordinance, as to whether to accept an offer by a developer to dedicate or convey land to the District in lieu of payment of all or part of the Fire/EMS impact fee. 4 ~ '" ."",¡ Section 7. Nothing in this Amended Agreement is intended to deprive the District of final authority and responsibility for the use and expenditure of impact fee monies collected pursuant to the Fire/EMS Impact Fee Ordinance. Section 8. This Amended Agreement embodies the whole understanding of the parties. There is no promise, term, condition, or obligation other than contained herein. This Amended Agreement shall supersede all previous communications, representations, or agreements, either oral or written, between the parties. Section 9. This Amended Agreement may only be further amended by a written document signed by all parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. Section 10. This Amended Agreement shall be effective for a period beginning October 1,2005. Termination of the Amended Agreement may only occur if: (1) all parties agree to the termination; or (2) imposition of the Fire/EMS impact fee is not allowed by state law; or (3) upon breach of the Amended Agreement by a party and failure to cure the breach within thirty (30) days; or (4) by either party upon one hundred twenty (120) days written notice. Section 11. This Amended Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. Section 12. All other terms and conditions set forth in the Agreement between the parties hereto dated October 18,2000, not in conflict with the terms of this Amended Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto hereby set their hands and seals on the day and year first above written. 5 ~ ...., ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney APPROVED AS TO FORM AND CORRECTNESS: Æ~ Fire District Attorney 6 ...........- ...", AGENDA REQUEST ITEM NO. C-3A DATE: September 20, 2005 REGULAR [ ] PUBLIC HEARING [ J CONSENT [xJ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Professional Engineering Services Storrnwater Management - Work Authorization No.1 with PBS&J for Paradise Park Subdivision Stormwater Improvements Phase II BACKGROUND: See attached memorandum. FUNDS AVAIL.: Funds will be made available in Drainage Maintenance MSTU-Stormwater Mgt.: 101002-3725-563003-42511 $3,393.65 Improvements oft Bldg. - Survey 101002-3725-563005-42511 $117,833.80 Improvements oft Bldg. - Consulting Eng. 101002-3725-563012-42511 $8,934.00 Improvements o/t Bldg. -Inspection Fees 101002-3725-563021-42511 $78,250 Improvements oIt Bldg. - Reimbursables PREVIOUS ACTION: April 2, 2002 - Board approved Paradise Park Phase I Drainage Improvements. RECOMMENDATION: Staff recommends approval of Work Authorization No. 1 with PBS&J, in the amount of $208,411 .45 for Paradise Park Subdivision Stormwater Improvements Phase II, and authorize the Chairman to sign. [x]County Attorney [x]Originating Dept. Public WOrks~. paradise park ph ii wa1 Pbsi-ag1 I ßr ouglas Anderson County Administrator [X~~fiJ} [X)Exec.A~__~ (x)CMI Ena ?7J ,. ~ [Iother ENCE: COMMISSION ACTION: [)G APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 \ '-' DIVISION OF ENGINEERING ...,¡ MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer MVp DATE: September 20, 2005 SUBJECT: Work Authorization No. 1 with PBS&J for Paradise Park Subdivision Stormwater Improvements Phase II BACKGROUND Attached is Work Authorization No. 1 with PBS&J, in the amount of $208,411.45, for Paradise Park Subdivision Stormwater Improvements Phase II. The consultant will perform surveying, permitting. hydrologic and hydraulic modeling. and will provide detailed design and construction plans as outlined in the attached scope of services. ~ ...., WORK AUTHORIZATION NO.1 Engineering Services Related to Stormwater Management C03-05-402 for Paradise Park Subdivision Stormwater Improvements Phase II Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between S1. Lucie County (the "County") and PBS&J (the "Engineer") dated May 13, 2003, the Engineer agrees to provide the additional Scope of Services described in Exhibit "A" and for the additional Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C", IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ENGINEER PBS&J BY:W¿{' ~# Print Name: 1JIJf:' GL ,I Ir! 7 Date: ú) / éo / (;5 / , ~ ...., EXHIBIT A ST. LUCIE COUNTY ENGINEERING DIVISION Scope of Services I. Description St. Lucie County Stonn water management related services II. Provisions for Work Engineering services will be accomplished in accordance with the St. Lucie County Continuing Professional Services Contract III. Project Description Paradise Park Subdivision Stonn Water Management Improvements Phase II with Construction Services for Phase I IV. Scope of Services Task 1.0 - Data Acquisition and Public Information Task 1.1 - Drainage Area Information Inventory The Consultant team will identify, review and compile any additional data relevant to the project from the SFWMD, St. Lucie County, other state (FDOT and FDEP) and federal (USGS, NRCS and NWI) agencies that were not collected in Phase 1. Task 1.2 - Public Information and Communication Public Information Presentations The Consultant may be required to make presentations to the St. Lucie County Board of Commissioners, SFWMD authorities, and/or at public forums. The number of this type of presentations will be limited to two through the life of the project. Task 1.3 - Survey A differential/Kinematic GPS Survey of the study area existing Phase II drainage system will be perfonned. The survey will inventory and catalog the primary major drainage conveyance system elements per the following scope of work: Establish horizontal and vertical control throughout the project. Set project benchmark at each intersection (approx. 50) based on NGVD 1929 Datum. Run a closed level loop through the project benchmarks. Using GPS, establish horizontal location of benchmarks for use in mapping ofBM's and providing control for location of future phase work such as centerline profiles and x-sections. Deliverables include a digital file of benchmark points, survey control map and surveyor's report. Phase Two Surveying Obtain centerline profiles at approx. 200 feet intervals and grade break points along centerline. Obtain 4 ground shots at each intersection (1 at each quadrant) at natural ground for flow Page 1 '-' .."", determination. Obtain vertical cross sections at designated locations along roadways up to and including 1 00 cross sections from r/w plus 10 feet. Phase II deliverables include a digital submittal of profile points and x-section points, x y and z, and hardcopy of x-section index map. Individual cross sections will be plotted by client. Preparation of Surveyor's Report. All Right- of-Way within the project will be identified. Permanent controls will be established at all centerlines of each intersection. The surveyed information will be used to determine: · Inverts, top of banks, and cross sectional dimensions of roadside swales, ditches, canals and ponds. · Inverts and cross sectional dimensions of existing culvert pipes, and control structures. · First floor elevation of private property affected by recurring flooding. · Roads centerline near affected flooding areas. Additionally, the survey will include two boundary surveys ofSFWMD properties that are approximately 0.25 acres each. Task Deliverable Comprehensive written report including available existing hydrological, hydraulic and A survey drawing of the project area prepared by a registered professional surveyor. Task 2.0 - Regulatory Permitting PBS&J will prepare the SFWMD Environmental Resource Permit (ERP) and the Fort Pierce Farms Water Control District updates of the original permits. The updates will consist ofletters of notification and associated detail construction plans will be packaged according to each agency's requirements. This task will also include any necessary pennit follow up activities. Task Deliverable Prepare permit application/update packages including narratives, drawings and construction plans. Task 3.0 - Project Area H&H Model Refinements for Construction The objective of this task is to refine the Phase II project area XPSWMM H&H model that will be used to assess the storm water runoff processes in the Paradise Park Phase II drainage area system. The models will be refined and updated per review of detailed survey data and will reflect minor geometric design changes. Task 4.0 - Detail Design and Construction Plan Preparation Phase II Project Detail Development, Construction Plans, Specifications, and Permittingfor Phase II Phase II of the Stonn Water Master Plan will be selected for further plan specification and for construction level drawings. The phase II project could take the fonn of a separate stonn water improvement that may be selected in coordination with a street paving project to be initiated by Page 2 ~ ...I St. Lucie County within the study area. Detail level plans and specifications will be prepared for this project to be used for construction permitting. PBS&J will prepare regulatory permits necessary for the construction/implementation of the selected project. Task 4.1 - Geotechnical Data The Consultant through Dunkleburger Engineering and Testing will collect and analyze geotechnical data in support of the detailed design. Data will include soil types, water table location, percolation, and bearing capacity. Task Deliverable for Tasks 3.0 and 4.0 Written report of existing and proposed project area modeling conditions with a complete model(s) description, and input/output data. A description of problems encountered during the modeling process will also be provided. Bid level construction drawings, summary of quantity sheet, specifications (following FDOT guidelines) and cost estimates that will enable St. Lucie County to solicit bids for this project. 30%, 60% and 90% will be submitted for review by the County. Review time is not reflected in the schedule. All utilities will be reviewed by the respected agencies/companies at 30% design. Task 5.0 - Construction Services for Phase I The Consultant will provide the required construction engineering and management services through the completion of this project. These services will include site inspections, and preparation and review of "As- Builts." All "after-the-fact" changes to utility conflicts will be incorporated into the As-Builts. In addition all SFWMD permit certification will be prepared and submitted. Task 6.0 - Construction Management Services The Consultant will provide the required construction engineering and management services through the completion of this project. These services will include site inspections, and preparation and review of "As-Builts." In addition all SFWMD permit certification will be prepared and submitted. V. Period of Service PBS&J will provide the services for the above scope of work upon receiving a notice to proceed. We anticipate completion of the project within six months from the notice to proceed for the design services. Page 3 "'" .."", GI ~ 'C GI .r. (,) ø m ... :ë :c >< w º Q C/) g « "5 ., C :::J ., <D ~ 0 0 :¡¡ N 9 « .... (1 :¡¡ ..c Q LL c (1 ., 0 Q 0 > 0 It) z 0 0 tí N 0 - º 0 0 Q fXI fXI C/) l- I- ... N (/ Q .1!J c Q g (1 (/ c ¡:: (/ (1 Q ã: (1 .s:: c E E .s:: Il. c W Il. 0 ï~ Q 0 e Q :;:¡ c :;:¡ Q 0 ëñ ~ .... Q ¡¡:: 0 (ij 0 '~ .~ Il. Q :::J .~ è: 0::: .... 0 Q ~ .... 'ë Q :::J (/ C/) ~ C/) Qj c .s:: C/) c "C 0 0 c 0 (1 I (1 0 ü Q .Q .... ~ :¡¡ õ t3 (1 ~ oð Õ 0 Q :::J I ..... Q J: c <.9 :::J .... .><: 0::: oð .Q1 .... ûj ~ .... (/ I J: (/ I (/ C ..... (1 Q ..... c 0 .><: l- e I 0 ..,: 0 ü (/ N e Ü I (1 .><: M e .><: e I- ..,: (/ e (/ .><: (1 0.0 (1 (/ .><: I- «) I- (1 (/ .><: I- (1 (/ .><: (1 (/ l- I- (1 I- ~ .."", EXHIBIT C ST. LUCIE COUNTY CONTINUING PROFESSIONAL ENGINEERING SERVICES (STORMW ATER) PBS&J COSTS BY TASK Project Name: S1. Lucie County Project Manager: PBS&J Project Number: Date: Paradise Park SID Stormwater Phase II Improvements Mike Wrock, P.E. August 29, 2005 Cost Estimate Task Activitv LumD Sum Cost by Task Task 1 Data acquisition, drainage $8,491.78 inventory, public meetings, field survey support Task 1.3 Survey $75,616.96 Task 2.0 Regulatorv Permitting $8,306.78 Task 3.0 Project Area H&H Model $15,624.50 Refinements for Construction Task 4.0 Detailed Design and $82,129.95 Construction Plan Preparation Task 4.1 Geotechnical (DET) $9,307.52 Task 5.0 Construction Services for $4,466.96 Phase I Task 6.0 Construction Management $4,467.00 Services Phase II Total $208,411.45 Page 4 . o .. :c :c >< w 'lIP' r- .. ...... ãì Ll) 10 10 10 U 0 Ll) 0 0 0 CO <0 CO Ll) 0') N <0 "t .... 0 0 0 .... 0 '01; ]j u ro r-: 0') I"- '<i ai Ll) 0') '<i ..; ci 0 c:i ~ 0 .... ... T"" cD cD r...: <0 0') en ci r...: .... 0 ... X N N Ll) 10 I- 0 U 0') <0 0 <0 T"" 0 <0 <0 CD N 0 C'oI cn <0 .... ..0 ... "t C') C') Ll) N C') "t Ll) 10 N 0 co M "t 00 ro E co C') co T"" co C') "t N C'oI I"- <0 ..... 0 "t 0 ..J T"" .... C'oI C'oI ]j U ~ co ... "t N :J N N T"" Ll) co <0 T"" C') 0 0 0 E co "t co T"" 0') C') <0 "t l- I T"" 0 .£ () 0 <0 0 "t .0 ...: E U có "t N "t "t T"" co T"" "t "t CI) T"" C') "'C U ~ . <0 « « T"" 6') ... 0 Q) 0 0 :t:: c 0 0 "t ci ro .2 ci 0 "t 0 0 co 0 0 C') "t êi5 U <0 N "t C') Ll) 0 Q) N 0 ~ C') ~ '- "t Q) l"- T"" :t:: Q) co 0 N r...: .E! c r...: 0 0 0 N 0 co N N co '9 N N Ll) N N CI) l"- T"" N C ~ I"- UJ T"" ~ ... I"- '- Q) l"- I'! 0 Q) ~ Ll) T"" N 'ë c T"" co co co co co co <0 T"" N Q) § T"" N N "t T"" C') co CI) C T"" . ~ UJ ~ ~ '- 0 õ ~ 0 "t co 0 C') cD .~ ro cD co co co Ll) 0 N N N N e c ...... N N "t N T"" C') I"- a. (\ T"" I"- ~ ~ C') ~ - ... N "t (\ Q) <0 .Q Q) C'! N C\Í () c 0 ...... 0 ...... Ll) Ll) 0 0 0 c 'º Ll) T"" co '¡:: c: T"" T"" a. UJ ~ ~ ... 0 0 8 0 0 Ll) T"" 0 0 0 ...... 0 0 N ci ¡¡:: co I"- a ...... C') 6') ~ U ...... U c I ãi Q) ~ g ë ro U ã: U (\ "'C = ãi Q) :J C E E .c :J Q) C U C 0 a. 32 í= U 0 'E Q) .Q I c: ro :p :J c: Q) .. UJ UJ I/ 0 .c ëñ 0 ... õ c () I/ :p ~ I Q) <¡:: ~ '2: 0 oð e III () a. .~ a. Q) :J 0 I/ :J ... U c ~ a::: 1;5 ~ , Q) I!! c: ...... C ..J .b 8 go ~ ~ I/ ë U ~ ~ U :i. Q) c CI) :I 0 III 0 ..J ~ 'ë 0 c: '2: - III "'C 0 C J:I I/ 0 u >< 0 c:( III - ro 2: (\ 0 U .c 0 J: III C ~ ro UJ ~ U Q) I- III ro ~ ~ () ..J ~ 0 oð 2 t5 ~ CI) 0 IX: :J 0 () ~ m , '- 0 CI) I :J ß 1;5 'ë ...... I- 0 . Q) c: 0 ... J:I >< :;) 0 C J:I 0 I a::: oð .ª Q) 1;5 III 0 W 0 .c en Q) I CJ ..J - U () :s <0 E III C') I U c J:I 2 ..J T"" Q) , 0 g :I .¥ ~ 0 I :I .¥ T"" 0 U 0 en U U .¥ C\Í 0 T"" en Q) (\ ro U M 0 '<i 0 "?- CJ I- ro .¥ c I- ro U .¥ '<i .¥ .0 Q) ro I- ro U .¥ U 2: ~ . I- ro U ro .¥ :J U I- ~ I- ro CI) I- Q) U ro .c a. ... Q) . a. ë 0 OQ)_ oE;e Ll)_ Q) .c 0') ~ >< T"" C1 W ~« U Q) "'0 :J o C - AGENDA REQUEST ...., ITEM NO. Cr '3B DATE: September 20, 2005 'w' TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ J PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: First Amendment to Work Authorization No. 13 with Dunkelberger Engineering & Testing BACKGROUND: See attached memorandum. FUNDS AVAIL. nIa PREVIOUS ACTION: On October 15, 2004, bids were opened for Indian River Drive-North Project. The low bidder is Dickerson Florida, Inc. in the amount of $9,134,025.89. On October 14, 2004, bids were opened for Indian River Drive-South Project. The low bidder is Hubbard Construction in the amount of $6,937,205.95. On October 15, 2004, bids were opened for Indian River Drive-Middle Project. The low bidder is Ranger Construction in the amount of $8,944,151.47. October 22, 2004 - Award construction materials testing to Dunkelberger Engineering & Testing for the Indian River Drive North, South, and Middle Projects in the amount of $1,139,939.44. These projects are a result of hurricane damage. RECOMMENDATION: Staff recommends approval of the First Amendment to Work Authorization No. 13 with Dunkelberger Engineering & Testing extending the contract to December 31, 2005, and authorization for the Chairman to sign the contract. COMMISSION ACTION: ØCI APPROVED r 1 DENIED [ ] OTHER: Approved 5-0 ouglas M. Anders n County Administrator [x)ExecAsst. 13 A i1 þ(County Attorney [x)Originating Dept. Public Works ~~ ~ "- wa 13 amend 1 dunkelberger Ind~.ag ~/ ~ ( ~ & Budget (x)Project Manager fIì If [ )other - 'w' ,."" DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer MV? DATE: September 20, 2005 SUBJECT: First Amendment to Work Authorization No. 13 with Dunkelberger Engineering & Testing BACKGROUND: First Amendment to Work Authorization No. 13 with Dunkelberger Engineering & Testing for the purpose of extending the contract to December 31, 2005. No additional funding will be required for this item. ......" ....... ..." FIRST AMENDMENT TO WORK AUTHORIZATION NO. 13 C03-10-686 W.A. # 13 PROJ.#1902 INDIAN RIVER DR. SHORELINE RESTORATION - SOIL TESTING Pursuant to that certain Agreement between County and Engineer for Professional Services for Continuing Soil Testing Services (the "Agreement" (Contract No. C03-10-686) between St. Lucie County (the "County") and Dunkelberger Engineering & Testing, Inc., (the "Engineer") dated October 14, 2003, the Engineer agrees to perfonn and successfully complete the scope of work as set forth in the Engineer's Agreement and more particularly described in the attached Exhibit "A", the County agrees to compensate the Engineer the amount not to exceed One Million One Hundred Thirty-Nine Thousand Nine Hundred Thirty-Nine and 44/100 ($1,139,939.44) dollars. All work under this First Amendment to Work Authorization No. 13 shall be completed on or before December 31,2005 (or refer to schedule Exhibit "A", if appropriate). IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ST. LUCIE COUNTY, FLORIDA BY: CHAIRPERSON DATE: APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY DATE: WITNESS: ~h'/( q/ÍÄS-- DATE: '-" DATE: WORK AUTHORIZATION: PROJECT: FIRM: TIME OF PERFORMANCE: SCOPE OF WORK: - .",; Exhibit "A" September 1, 2005 No. 13 Indian River Drive Shoreline Restoration - Soil Testing Dunkelberger Engineering & Testing, Inc. On or before December 31, 2005 Perfonn soil testing services on the Indian River Drive Shoreline Restoration project on an as needed basis. .."., AGENDA REQUEST ITEM NO. C-3c DATE: September 20, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): PUBLIC WORKS ~ SUBJECT: Oxbow Eco-Center - Work Authorization No. 4 with Kimley-Hom and Associates, Inc., to provide Roadway and Intersection Design. BACKGROUND: See attached memorandum. FUNDS AVAIL. Funds will be made available in Public Works Capital Budget Transportation Trust Account 101006-4116-563OOS-4109 2SÖ1 S1. Phase II (Midway-S1. James) PREVIOUS ACTION: nla RECOMMENDATION: Staff recommends Board approve Work Authorization No. 4 with Kimley-Hom and Associates, Inc., in the amount of $7,820, to provide Roadway and Intersection Design at the Oxbow Eco-Center, and authorization for the Chairman to sign. COMMISSION ACTION: lXJ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [x]County Attorney (9.~/ [x]Originaling Dept. Public Works~ [ ]Finance Oxbow WA 4Road KH.ag.doc COOrdinationJ~ianat~ (x)Mgt. & BudgetJt/l.r [ }Co. Eno [ ¡Fiscal Coord,_ [ ¡other ~ \ 'I ,-". ...", DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Donald West, Public Works Director ft~· DATE: September 20,2005 SUBJECT: Oxbow Eco-Center - Work Authorization NO.4 with Kimley-Horn and Associates, Inc., to provide Roadway and Intersection Design. BACKGROUND The attached Work Authorization No.4 with Kimley-Hom and Associates, Inc., is to provide Roadway and Intersection Design. This proposal is for the conceptual layout and investigation for the addition of a new parking area, the addition of a Jeff turn Jane on 25th Street, and stormwater management planning for the Oxbow Eco-Center in the amount of $7,820. - " . , '-" ""'" WORK AUTHORIZATION NO.4 Engineering Services Roadway and Intersection Design C03-09-644 Oxbow Eco-Center Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Kimley-Horn and Associates, Inc. (the "Engineer") dated September 9, 2003, the Engineer agrees to provide the Scope of Services described in Exhibit "A" and for the Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C". IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN ATTEST: Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY :;ZŽ~L '~ :~GINE~ 1£ Print Nam : Jeff B. Mullis Kimley-Horn and Associates, Inc. Date: 8/18/05 - - - '-' ""'" EXlßBIT "A" Task 1 - Conceptual Design We will investigate the permitting requirements for the addition of the parking lot as well as the interim parking requirement for the addition of the new 25' x 45' class room. The City of Port St Lucie win be approached in an effort obtain permission to utilize the canal access right of way as a joint use access for entrance to the proposed parking area. Our environmental scientist win field visit the site and provide a short memorandum as to any observed environmental issues such as endangered species presence or wetland issues. We will develop up to three conceptual parking layouts for review by the County. The concepts will for the addition of between 50 and 75 parking spaces in the pine wood area south of the Eco-Center. In addition we provide recommendation as to traffic flow options within the parking area and the connection to the existing drive. Suggestions of restrictions and/or liIIÚtations for the new lot connection to ) 25th Street will be provided. Various material options will be investigated and identified for discussion and comparison by expected performance and cost. A workshop meeting will be planned to present the fmding and provide an opportunity for discussion. ~ - - - '-' .....,¡ EXIllBIT "B" COMPENSATION We will provide the services described in Task I for a lump sum amount of $7,820 inclusive of expenses. - - - , . '-'" ..J EXHIBIT "c" SCHEDULE The work as described in this proposal is expecled to be completed within 60 days after notice to proceed is given. ~ IV E E :::> CIJ Q) U) ca if - 2- u c:: Or:- 0111 ~ S o § .QCI) O~ -= ~ '" ~ CIJ a. ~ } ~ .. g u 1\1 "" ~ E II> ~ II> Ù) . E c II> 0 u f? :::> I~ u .c C\I C\I C\I 0 """0 ~ ~v iii <X> .... U 0 .¡: <D CD M Õ <X> C\I 00 C "'0 ... C) ë3 .... 'c 0 C) ~ M U OIl I- 00 .... ... OIl CD 0 c '51 0) .... C W <'"I 0 <'"10 ~ ~I'- ~ o . ~ .......0 .... >em ¡fill..... CO """ CO ~ <'"I """0 NCO ... CO CD Ñ 011.....0 .s1l4C\1 M 0111.. ~ C~1fi W V ... ... 10 <'"I VO 0 0 ~<'"I C\I C\I ... 0 00 00 ... OIl Ñ r-: r-: ~ call) .... Ifi ... .~ I'a"lllt OC~ .......... II..::¡¡ II II CÞ CD 3 It It a - ! 1/1 c: .s CD j c: ~ i ~ 1/1 .5! ~ lë u li õ > .... c: CD - III 0 IX .s ~ 8 0 OIl CJ 8 :::> ¡ II ~ c: ... Q r! II 0 1 ~ i CJ g I~ ~l Ig ... æ! E 1:: ;: e c: ! -'" f! I Ë :¡:¡ .s.8 ~ .; GI ... :. c: GI ::I ~~ II.. ::¡¡ W ::¡¡ In - - ..."., G) 0> IV Q. ~ "." / '-" ""'" AGENDA REQUEST ITEM NO: C-4A DATE: Sept 2(), 2005 REGULAR PUBLIC HEARING CONSENT [ X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: PURCHASE OF AN IRRIGATION PUMP (EQ05-375 AND BA05-191) FOR THE LAWNWOOD RECREATION AEA BACKGROUND: The 25-year old artesian-well-fed irrigation pump that feeds the sprinkler system at the Lawnwood Recreation Complex broke about a week ago. The pump is a critical element of the division's maintenance operations in that it supports the irrigation of seven baseball, softball, and practice fields. Over the years, several repairs have been made to keep it operational. However, at this point, staff, in coordination with the manufacturer, determined that it is not cost effective to pursue additional repairs. This agenda is seeking the Board's approval to purchase a replacement pump for the Lawnwood Complex at a cost of $3,655.00, including shipping. FUNDS WILL BE MADE AVAILABLE IN: 001-7515-564000-700 Lawnwood (Machinery & Equipment) RECOMMENDATION: Staff recommends the Board's approval replacement irrigation pump (EQ05-375) of Budget Amendment BA05-191 to purchase a for Lawnwood Stadium at a cost of $3,655.00 COMMISSION ACTION: CONCURRENCE: ¡x] APPROVED DENIED -" (/oLr,õñ County Administrator OTHER: Approved 5-0 Originating Dept: Coordination/Signature, ~ anagement & Budget: ~WI,7 (rv' urchasing: County Attorney: Finance: (if applicable) '-" ....., Board 01 CIUIIIV COIlDissiøners Palts & RecreaUon Department MEMORANDUM To: Board of County Commissioners From: Guy D. Medor, Administrative Manager, Parks and Recreation Thru: Pete Keogh, Director, Parks and Recreation Subject: PURCHASE OF AN IRRIGATION PUMP (EQOS-375 AND BA05-191) FOR THE LAWNWOOD RECREATION AEA Date: September 22, 2005 The 25-year old artesian-well-fed irrigation pump that feeds the sprinkler system at the Lawnwood Recreation Complex broke about a week ago. The pump is a critical element of the division's maintenance operations in that it supports the irrigation of seven baseball, softball, and practice fields. Over the years, several repairs have been made to keep it operational. However, at this point, staff, in coordination with the manufacturer, determined that it is not cost effective to pursue additional repairs. This agenda is seeking the Board's approval to purchase a replacement pump for the Lawnwood Complex at a cost of $3,655.00, including shipping. 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BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Parks and Recreation PREPARED DATE: 9/8/2005 AGENDA DATE: 9/22/2005 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 001-7515-564000-700 Machinery & Equipment $3.655 FROM: 001-7515-552300-700 Chemicals $3,655 REASON FOR BUDGET AMENDMENT: To replace irrigation pump for the sprinkler system at Lawnwood Recreation Complex <S vi Y¡ , YL{:;.()"")¡¿: frfPfI JVI::: Ò¡f ,-- - l'll- CONTINGENCY BALAI o'? ~, '/A THIS AMENDMENT: ~ t-Ú"'- IA REMAINING BALANCE IA DEPARTMENT APPROVAL: OMB APPROVAL: 21.-u6 BUDGET AMENDMENT #: BA05-191 DOCUMENT # & INPUT BY: - - J .. . .. " .. ''',. .........., n..... JI) 7'.) I, .~ ... ~ . , , '-' ~ IlIMilluu of ~ 7100 Rip .titIp .. ø...JJlIIøt .tao\, ~1øriiItI UM:J.U:l6 (561) 5J1.1m(ðflO) 181-7399 ($'1)DHSI1fI'.u II'ww..tl1,Ntrltk_ ð/l.u,.kkCø1ll[Hl1lJ rrSpmø.1i$t; in lrrigatio", úmdscap" Turf Cue, CDfIUIU/rical ProtJuctl &: Ef,",,,,,IIt" Doc_t. Quote tn>ç V"ð~ ll\Voie. Deta Order 11 OØOOOO 5060'06-00 PO II&t~ PO, ~ 1 0"07/05 LODswoo<l Couney parts 1 Cust. t. 1663 MIl To. S'l'. wtIE <;T,! RÐ:REA'l'I()I 2300 VIRGINIA AViNU!: CO(~"POII&mce '1'0, 'l'IIE KILPATRICK c()PAID', ïllC. 7100 HIGH aIOOB ROAD I'T. FIERe!:. ì1L 34982 IIOtII'roN B8ACH. l'L 33426 sblp 10. 5'r, LOCIE cn P.!CREATIOO' LQMWOOd County Parks F«x: 712-462-2371 FT. PIERCE, ,~ 34982 Ino1:mctiœa QQote for BJ 772-216-1294 Ship Point Bi'IS - S'l'llUT vi.> OUR TROCI sm¡¡s¡eof 'tV.... IIS'I' 30 Produot Lnl _ IMacrlpt.iCII ape ¡t_ QlWttity O~".ea. ~ttty 11.0. OU...tity Qty. 9h~pped tD( 1IIIt t Pr1o~ price till Discount Ju,ltipUer: _t (IIoIt 1 16bt1k2BQ 00000 1 Flanged (" Suction Flanged 3' Discþarge 7 7/16' D:ameter 8<on2. Impeller lIeoh..nical $eal 40MP 3PM 60HZ 3S00R»M ODP i60 \/Qit II<.>tQI 2 &'7HSx6IIC 00060 1 Siz. 3 Magnetic Starter Noma 3R See.l Inclosure Motor Circuit ProtectOr MALA Di!Jconli:lt:t: IIOA Switch each ~699.S0 each 0.00 269S.S0 MCih 89',1' each 0.00 899.79 2 Day ~livøry FOB Lake Mary, FL. 2 Lines Total Qg. ShiW4d Total 2 Tatal P.r:eight In Invoice Total 3$98.59 56. DO 3654,59 lAst Paglj Kilparrick IrrlgatìQlt - Boynton Pump 4: Irrigoliolf Supply . Ja1pØrlck /JttmrøtiQlIJJl . Ki1poJrie1c ""rf EtrlÏpmmt 'ÆAII: AfÐaKßD.1StIF's..æ IJA 1JRiMmor.lI~"d IfmoWIM\lllll............._..~ afttMClltMWII.Q..4IboIra S) .............~.. ......,.. :I....... "".....,.~~ <111rJ1.......bi _._"..._...""_"Il1o_".._......_.",."......__-__""-..-.._.._..--__""'__,,_._..._._...._ .. ...,IeIIt......INorNIL~M...w.......1M ~....tgCld.~.,....." ""............. r.-..,.,OI__.....~... """_..,,,,...~.... ...............,......pMIfIi'Il'Ir......,;. _1o......_._.u....__,tIot-.,.._""'IIo............_')"'_"..,.._...__..._......_..._.,IIo_......IS...~.._...._.,.. BrIpr.8IJtn.....1II If¥ ~MitIlMl ~1'OIr1llll1l"''''-"""" -.....IIJ.,.,III ..._~........................,IIIM'......... ......._dlin.....15d1p _uh~ IJ .,.....,.,---*-r.......... """""'_'-whø"l' "'''~:lJback!)ReœrIftllWÜ''''b, wtildþpoi:lr~a,8eI...M,...II$f.t~M"IItI'AJllll~.nf~AI...I!I!llllllllWWIIiI_Mit«.,Ig,~.~0I'IfItpllM.....It.._..... " . - .. ~ . ->.. , ........' ..... ". ., ..~. ...............-..--,......... ~ '-' .." AGENDA REQUEST ITEM NO: C-4B DATE: Sept 20/ 2005 REGULAR PUBLIC HEARING CONSENT [ X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: TENNIS PROFESSIONAL CONTRACT AGREEMENT BACKGROUND: . The current contract with the Tennis Professional, Mr. Woody Newson, who programs the Lawnwood Tennis Center, expires on September 30, 2005. In an effort to draft the terms of the new contract, staff has been negotiating with him on a draft that includes: (a) the possibility of programming any of the tennis facilities operated by the County, (b) simplifies the way compensation is made, and (c) allows him to continue offering private lessons. Mr. Newson has program. This for his duties the agreement, county. worked for Saint Lucie County for 19 years and has a well-established new contract maintains approximately the same compensation rate paid to the County. However, the new terms simplify the administration of and give him an incentive to offer more programs throughout the FUNDS WILL BE MADE AVAILABLE IN: 001-7216-512000-7103 (Recreation, Sports and Athletics, Salaries/FY05-06 Budget) RECOMMENDATION: Staff requests the Board's approval of the programming of County tennis facilities as authorize the Chair to sign the agreement. agreement with Mr. Woody Newsom for drafted by the County Attorney, and COMMISSION ACTION: CONCURRENCE: [~] APPROVED DENIED OTHER: Approved 5-0 L ~Ug M. And~ County Administrator County Attorney: Coordination/Signatures ~ anagement & Budget : Ritv 13· Purchasing: Originating Dept: Other: Finance: (if applicable) '-' ..",,¡ B8ard 8' COUDIV C811issi8oers par.s & leereaUon Department MEMORANDUM To: Board of County Commissioners From: Guy D. Medor, Administrative Manager, Parks and Recreation Thru: Pete Keogh, Director, Parks and Recreation Subject: TENNIS PROFESSIONAL CONTRACT AGREEMENT Date: September 22, 2005 The current contract with the Tennis Professional, Mr. Woody Newson, who programs the Lawnwood Tennis Center, expires on September 30, 2005. In an effort to draft the terms of the new contract, staff has been negotiating with him on a draft that includes: (a) the possibility of programming any of the tennis facilities operated by the County, (b) simplifies the way compensation is made, and (c) allows him to continue offering private lessons. Mr. Newson has worked for Saint Lucie County for 19 years and has a well- established program. This new contract maintains approximately the same compensation rate paid for his duties to the County. However, the new terms simplify the administration of the agreement, and give him an incentive to offer more programs throughout the county. H:IAGENDAS 04-05\9-22-D5-TENNIS PRO AGREEME;-.ITDOC '-"^ '-' AGREEMENT THIS AGREEMENT, made and entered into this day of , 2005, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "County" and WOODY NEWSON, hereinafter referred to as the "Tennis Professional". WHEREAS, the County desires to engage the services of the Tennis Professional to provide services for St. Lucie County Parks & Recreation Department and; WHEREAS, the Tennis Professional is willing to provide such services to the County. NOW, THEREFORE, the parties agree as follows: 1. PURPOSE. The Tennis Professional shall be responsible for providing the above listed activity at the County Tennis facilities. The employment of the Tennis Professional shall be subject to the St. Lucie County personnel policies as set forth in the St. Lucie County employee handbook in effect on the date of this Agreement and as may be amended. Nothing shall be constructed to revoke the "at will" employment status of the Tennis Professional. 2. JOB DESCRIPTION. The description of the requirements of the job to be performed by the Tennis Professional are as follows: The Tennis Professional will be responsible to the Parks & Recreation Department. His duties will include, but not be limited to, the administration and programming of the St. Lucie County's public tennis facilities, the scheduling of court times, lessons, clinics, tournaments, leagues, and related tennis activities. The Tennis Professional will devote forty hours of his time per week to activities offered to the general public, including 1 but not limited to after-school programs for all ages, public school programs, overseeing the adult tennis league and sanctioned high school tournaments. When programming the tennis facilities, the Tennis Professional shall include events for both children and adults. The Tennis Professional shall provide a schedule of activities to the Recreation Coordinator. Advance notification of leagues, tournaments and other scheduled activities shall be posted at the facility in question. The Tennis Professional shall set aside one court at each facility for the general public (walk up players), excluding sanctioned tournaments. In addition to providing tennis activities to the general public forty hours per week, the Tennis Professional shall be entitled to give private tennis lessons, clinics and schools. Private activities are defined as those requested by an individual or group and are not made available to the general public. H :\WP\Newson, Woody.wpd 1 '-'" ...I 3. COMPENSATION. The parties agree that the Tennis Professional will be paid an annual salary at pay grade 16 in the St. Lucie County employee pay plan, including cost of living increases and fringe benefits (including vacation and sick time in the amounts as stated in the employee handbook as referenced in paragraph 1) in the same manner as other county employees. Salary can be reviewed annually if participation increases or decreases substantially. The Tennis Professional shall be entitled to retain all fees received from private lessons, clinics and schools. Such fees shall be set by the Professional. 4. INVOICES; RECEIPTS; AUDIT: REPORTS. All funds received by the Tennis Professional must have receipts written in sufficient detail for pre-audit and post-audit purposes. The County will register and receive funds for all classes, exclusive of private lessons, private clinics and schools. Tennis Professional agrees that the County or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Tennis Professional involving transactions related to this Agreement. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved or five (5) years after the termination of this Agreement, whichever is later. Tennis Professional shall complete participation reports in a form acceptable to the County and submit the reports to the County's Recreation Coordinator upon request. 5. RATES: PRO SHOP. Tennis Professional agrees that all rates charged by the Tennis Professional for services and merchandise shall be subject to the review and approval of the County, provided that the County shall not unreasonably withhold approval if the proposed rates are comparable to other similar rates in the community. County agrees that the Tennis Professional may operate and provide a limited "Pro Shop" operation. The Tennis Professional will pay the County 5% of gross revenues. All merchandise dispensed from the Pro Shop operation shall be subject to approval of the County. 6. TELEPHONE CALLS. Tennis Professional shall not use the county phone for long distance calls and if required to in case of an emergency, he shall reimburse the County for all long distance personal telephone calls on the County's telephone. 7. INSURANCE. The Tennis Professional shall obtain liability insurance coverage from the USPTA or other acceptable insurance company in amounts acceptable to the County. Proof of insurance coverage shall be provided and maintained as a condition precedent to this Agreement. Tennis Professional agrees to require any person assisting Tennis Professional in his responsibilities to obtain liability insurance coverage from the USPTA or other acceptable insurance company in amounts equal to Tennis Professional's insurance coverage. The Tennis Professional shall and will forever hold harmless the County from and against all negligent and/or gross negligent acts which arise out of or in connection with the performance of this H: \WP\Newson, Woody. wpd 2 .\.r 'f..i contract which cause any liabilities, claims, recoveries, cost and expense because of loss of, or damage to! property, or injury to or the deaths of any persons. The Tennis Professional hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. REPORTING REOUIREMENTS. The Tennis Professional shall be responsible for knowing and fulfilling all reporting requirements of the Tax Equity and Fiscal Responsibility Act of 1982 and all other federal! state or local laws, rules and regulations. 9. TERMS: TERMINATION. The term of this Agreement shall be from October 1, 2005 up to and including September 30, 2008 with two (2) one year renewals. Either party may terminate this Agreement with or without cause upon ninety (90) days prior written notice to the other party. 10. ASSIGNMENT. The Tennis Professional shall not assign this Agreement. This provision shall not prohibit Tennis Professional from contracting with other tennis professionals to assist Tennis Professional, provided insurance coverage is obtained as set out in Paragraph 6 and provided, further, that the other tennis professionals shall be considered independent contractors, not agents or employees of the County or the Tennis Professional. The Tennis Professional agrees to incorporate this provision in all contracts with other tennis professionals. Any attempt to effect an assignment shall be deemed a default subject to the remedies provided herein. 11. NOTICE. All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As to County: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, FL 34982 With a copy to: St. Lucie County Parks & Recreation Director 2300 Virginia Avenue Fort Pierce, FL 34982 St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, FL 34982 As to Specialist: Woody Newson 135ÑE Elm Terrace Jensen Be~cbm FLorida 34957 or to such other address as any party may designate by notice complying with the H :\WP\Newson,Woody.wpd 3 "'", .."" 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. 12. DISPUTE RESOLUTION. Any disputes relating to a question of fact arising under this Agreement shall be resolved through good faith efforts upon the part ofthe Tennis Professional and the County or its representative. At all times, the Tennis Professional shall carryon the work and maintain its progress schedule in accordance with the requirements of the Agreement and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County or its representatives who shall reduce the decision to writing. 13. PUBLIC RECORDS. The Tennis Professional shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Tennis Professional in conjunction with this Contract. 14. MEDIATION. In the event of a dispute between the parties in connection with this Agreement other than a question of fact to be resolved as described above, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 15. NON-WAIVER. The rights of the parties under this Agreement shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 16. INTERPRETATION: VENUE. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written Agreements between the parties with respect thereto. This Agreement may only be amended by written document, property authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for any claims which are justiciable in federal court. H:\WP\Newson, Woody.wpd 4 ~ ."", IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date as indicated below: ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK Date: APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY WITNESSES: BY: WOODY NEWSON H :\WP\Newson, Woody. wpd 5 ~. '-' ...., AGENDA REQUEST ITEM NO: C-4C DATE: Sept 2Ö, 2005 REGULAR ] PUBLIC HEARING CONSENT [ X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: PERMIT FEE FOR GENERATOR INSTALLATION AT THE FAIRGROUNDS AND BUDGET AMENDMENT BA05-192 BACKGROUND: On June 14, 2005, the Board of County Commissioners awarded a contract (C05-06-297) to Imperial Electrical Inc for the purchase of three generators w/transfer switches to power the Fairgrounds in the event of a hurricane in the amount of $100K. In order to complete the installation, a county permit is required. This agenda requests the Board's authorization to amend the contract to include $1,160.81 for the permit fees. FUNDS WILL BE MADE AVAILABLE IN: 001-7420-564000-700 Fairgrounds (Machinery and Equipment) RECOMMENDATION: Staff requests the Board's approval of Budget Amendment BA05-192, amending contract C05-06-297 to reflect the permit fee of $1,160.81. COMMISSION ACTION: CONCURRENCE: [XJ APPROVED DENIED OTHER: Approved 5-0 County Attorney: Coordination/Signatures anagement & Budget: €w is fV\,~urchaSing: Originating Dept: Finance: (if applicable) H:\AGENDAS 04-05\9-22-05-FAIRGROUNDS G NERA TOR PERMIT FEES.DOC '-" ""'" BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Parks and Recreation PREPARED DATE: 9/9/2005 AGENDA DATE: 9/22/2005 :iii;iiti:j~ti::;j:::)M;¡Jii.ß·· ·:/).i'ii)······ "')/4"<))... e· ...i'" Jii' icec·.. ......... ... ·.i'. 3. .. ."... . ... .·'J¡¡f!:ii',;J,..),i'iJJi!i1)Ji C'. . ,. Iii...)' ·i..."". '~. $1. ·i·."'! TO: 001-7420-564000-700 Machinery & Equipment , 161 FROM: 001-7420-552311-700 LandscapinQ Supplies $1,161 REASON FOR BUDGET AMENDMENT: Permit fee for installation of generators at FairQrounds reference contract C05-06-297 CONTINGENCY BALANCE: N/A THIS AMENDMENT: N/A REMAINING BALANCE: N/A DEPARTMENT APPROVAL: 7Ro.vß OMB APPROVAL: BUDGET AMENDMENT #: BA05·192 DOCUMENT # & INPUT BY: INVOICE ....., Il1PERIAL ELECTRICAL me. 11821 NW 11 Street - Plantation, Florida 33323 - Phone (954) 938-0520 - Fax (954) 938-0530 DATE 8/2912005 ITO: INVOICE 1801 St Lucie County Finance Department 2300 Virginia Ave. Ft Pierce, FI 34982 JOB NO. CONTRACT NO. TERMS Pennlt Fees For Generator Installation At St. Lucie Fair Grounds Total Permits Fees $ 1,160.81 Total Due $ 1,160.81 This is a reimbursement cost as per contract R2552663. P.O.# Signed 111, roods and/or servIces billed _reon have been received in the quantity and qualiiy stated. INC_ COM_ ~~ Code Camp/lance Division 2300 Vlrglnl. Avenue Fl Pierce, Fl 34982 Phone: (772) 482-1553 Fax: (772) 462-1168 BUILDING PERMIT Page Issued: 08/0912005 Job Location: 15601 MIDWAY RD Conf#: 774 City: Pennit #: SLC- 0508-0150 FORT PIERCE Pennit Type: Electrical Job Description: GENERATOR INSTALLATION AT FAIRGROUNDS - 3 TOTAL Subdiv: Lot: Block: Parcel: 3201-133-0005-000/0 Contractor FAZZINI JAMES C 951 NW 51 PLACE 5t Lucie County 2300 Virginia Ave IMPERIAL ELECTRICAL INC (954) 325-2133 FT LAUDERDALE, FL 33309 Property Owner ( ) - Fort Pierce, FL 34982-5632 Setbacks Left: Number of Units: 1 Minimum Floor Elevation: Right: Floors: 1 Front: Buildings: Flood Map: 275F Rear: Zoning: I Square Footage: 0.00 Flood Zone: X Elev: Job Value: $ 100,000.00 Permit holder acknowledges through acceptance of this permit that separate permits must be obtained as required by the Standard Building Code including those for all electric, plumbing. mechanical, roofing, and structural work. Further, he/she acknowledges responsibility to to comply with all requirements of the 2001 Florida Building Code. NOTICE: In addition 10 the requirements in this permit, there may be additional reslrictions applicable to this property that may be found in Ihe records of Ihls County, and there may be additional permits required from other governmental enüties such as water management districts, state agencies, or federal agencies. 5:553.79(10), F.S. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR BUILDING IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 5.713.135, F.S. DENNIS M. GRIM, cao BUlL-DING OffiCIAl. Building Official ~~r / Date For Automated Inspections, Can (772) 462-1261 For Questions, Call (772) 462-2172 ~~ Buildins¡1 Fee Receipt Code Compliance Division 2300 Virginia Avenue Fl Pierce. FL 34982 Phone: (772) 462-1553 Fax: (772) 462·1168 09 August 2005 Receipt #: 0000022866 15601 MIDWAY RD Permit Number: SLC- 0508-0150 ciccotellil Amount: $1,127.00 VS Credit Card Number: XXXXXXXXXXXX7762 Check Number' MICHAEL TERAN GO Sign: Date: Job Address: Received By: Paid With: Paid By: '-" .. .. ~ ,.. ,...,. .,.,. ;, ·~\~,TIi~::"!1r 1'ÜESDR'! ~ 1'_~~.~_,2A - }~-' . . 2~~j:c ftûG)j~'~ ~! j i717~~~5~j0ß ~:0tj:~ - _. --li.....·- ~ ';Eft _ ~O' r:~~¡~¡~~ . ~ ~~:jr,~,,; S*'Ei ... :\("I'r·~ \1Î\1!;, ..., l1ò~~Q.:' T¡'¡;"jl~_ '_ ,. . ~_ 1'01fiL . "~% .~ 'Wp~,~___ ..-/ ~/~~--_.... r_:~~7"r¡;~'µ1.f/'-· '.:, lJ ',".' ~8H lr~. ,Ü? ~~1~~!~ f~,~~,;'\~F '~Q~~~n~~~~f ~~~l~~~E h .- L ...,,¡ . v ~ -....I AGENDA REOUEST ITEM NO: C-4D DATE: Sept 20, 2005 REGULAR [ I PUBLIC HEARIl\"G [ I CONSENT [ XI TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: PURCHASE OF A CHEMICAL STORAGE SHED AT THE COUNTY FAIRGROUNDS BUDGET AMENDMENT BA05-193 AND EQUIPMENT REQUEST EQOS-376 BACKGROUND: The Fairgrounds maintenance building currently serves as the Manager's office, stores ground maintenance assets, fertilizers, and chemicals. A recent visit by the County Risk Management Division revealed a number of Occupational Safety and Health Administration (OSHA) violations. In addition, employees using this building on a day- to-day basis for their lunch and breaks are also a major concern. In accordance with OSHA standards, chemicals must be stored in an approved hazardous material storage container. Staff is requesting the Board's authorization to purchase an OSHA-approved chemical storage shed at a cost of $11,469.00 (EQ05-376), including shipping. Funding for this purchase will be transferred (Budget Amendment BA05-193) from the current operations budget. FUNDS WILL BE MADE AVAILABLE IN: 001-7420-564000-700 Fairgrounds (Machinery and Equipment) RECOMMENDA nON: Staff recommends the Board's approval to purchase a chemical storage shed (BA05-193, and EQOS-3 76) for the Fairgrounds at a cost of$11,469.00. COMMISSION ACTION: CONCURRENCE: [XI APPROVED [ J OTHER: [ J DENIED Approved 5-0 t!- ~M. Anderson-- County Administrator Cl-.- Coordination/Signatures c../:( D " County Attorney: W'· Management & udget:",¡"" 9 Originating DePt~ Other: H \AGENDAS 04-05\9 2-0) FAIRGROUNOS CHEMlAL SHED.D Purchasing: Finance: (if applicable) r.n 0::: WI/) zo 00 _N r.n~ r.nO ~~ :Eo::: 0« uw » I-...J z« :>U Or.n U¡:¡: u.o::: 00 cu. 0:::1- «r.n Ow m:> >0 I-W zO::: :>1- OZ OW w:E _a. 0- ::J::J ...JO w ...= r.n 00 ww 0000 » ww ~~ -t-- = 00 I- 000 8~ <i!~ z o ¡:: -00 g w c:(~ 00 ~~ 1--- 0000 ww ~~ X r-r-- Ö W o z .. wO ~w ~> o~ 00. WOo a::c:( c o :¡:; 10 Q ... u Q a:: (II 'C-g C ~ 10 0 1/1 ... ~CJ .... .!::: III 10 0.11.. I- Z W :!:z ~o c:(- o.~ w~ cc II. I- Z w :!: W o < ...J 0. W .Ef - ~ W ~ ~ 'C GI .r:. 00 GI 0101 RI cø ... 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S o W '-" 'will BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Parks and Recreation PREPARED DATE: 9/12/2005 AGENDA DATE: 9/22/2005 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 001-7420-564000-700 Machinery & Equipment $11,469 FROM: 001-7420-552311-700 LandscapinQ Supplies $1,000 001-7420-549965-700 Interdepartmental Direct CharQes $2,500 001-7420-551200-700 Equipment < $1,000 $1,500 001-7420-552000-700 Operating Supplies $1,000 001-72101-551000-700 Office Supplies $5,469 REASON FOR BUDGET AMENDMENT: DanQerous chemicals are currently being stored in an unsafe location, violatinQ OSHA standards. This fund transfer is to cover the cost of an OSHA-approved chemical storage shed. CONTINGENCY BALANCE: N/A THIS AMENDMENT: NIA REMAINING BALANCE: NIA DEPARTMENT APPROVAL: OMB APPROVAL: J2L<Jß BUDGET AMENDMENT #: BA05·193 DOCUMENT # & INPUT BY: 09/11/2005 23:56 7724522579 SEP-Ø6-2005 1~ SLC FAIRGROUNDS PAGE 02 ,,- CCÆ ~GI NEERED scurr I DNS wi 7Ø3 563 Ia33Ø p . Ø2/Ø2 G-~ =-.::- &:~ ~ -- '''''~ 001".", Core Engineered Solutions, Inc. 6:20 HerrllJort ParkwèlY, SuiLe120 Herndon, VA 20170 Phone: 703.563.0320 Fa;ll: 703.563.0330 f&1hJL14 QUOTATION \w'/w,core-eø.com [Quòte To: 81. Lucie County Fairgrounds Sherry McCorkle 15601 W. Midway Road f!ort Pierc;o, FL 349047 -.J ~~ I D8t~1 I Ace! Mngr. I CORQ66ð8 09/Q6/05 Deborah F. Ulbrlck I Ship TO: St. Lucie County Fairgrounds Sherry MCCorkle 15801 W. Midway Road Fort Pleroe, Fl 034047 FP-20LBFE MAS-9 P: (772)462-2581 F: 1-772-462-2579 mccortds@co.st-luc:le.ft.ul Ilem ~ I Description I ! PT10 Prn-TIIC Hazardous ~ Storaae Building (Standard) wi1h storage capacity for (12)-55 Gallon OnIms. Spec\llcatlons: Nominal Size: W~ x l10' J( H8' Weight: 2,710 Lbs Gauges: Walls 14 ga., Roof 12 ga., Sump 10 ga. T~ Stomge Capacity: 12 - 56 Gallon DMns Sump Cap¡¡Qty: 173 G.llon!il Door Openings: One - W60" Ie H84" F1I1ish: Chemical ReslstaJ11 Urelh8ne Faint Design cnærta: Usled to ULCIORO C-142.(\ "Sxnge Vaults"; Flá)ry Mutual (FM) Approval Standerd 6049 "FIømmable and Combustible Uquld Storage aJltll'IgI" STANDARD F&\TImES: Galvanized Floor GratIng, MIIlmønenœ Log Holder, SIBtk: Ground ConnQçtlon, D.O,T. F'I8cIIrd Placement. One Floor Grating Ho<* 20 lb. Be FII'I"I &tÍl'4)f!iMArWIth MnlJl'llIng Cabinet 9' Long x 14· Deep Modular ShelYlrQ for Back Wall (PT10 & PT12 Only) Frelghl \$ en eelJl\'1efê only - Actus! freight will bo billed Unit Price II 58.685.00 Ex1. Price l $6,685.00 -?> 1528.00 5528.00 $196.00 $392.00 SubTotal $7.605.00 SI1JfJS TAX $0.00 Shipping $3,864.00 Total $11,4118.00 1 2 NQlee ] Tenn8 25% DEPOSIT I NET 30 1. 0U0wd priœI are subed to nMøw at the time of order and prior to acœptanœ. OftIoedIrg not included. 2. Approwd 8UbmIttaI8 røqulrad pdor 10 acceptance. 3. Typie:d r9ad lime e.a week!l_ ConfIrm lead Uf1M at th'lIllme t:rf )ll'\m nrrlAr, 4. Pmclucts not taken for delivery within 30 days of completion wiU be Invoiced for payment and stored for delivery (atoraee fee¡¡ may apply). 5. SalI!JII8I'e SIJIect to Core Engineered Solutions, Inc. Stand¡lId Tenns and Coodltlon3. ~tNcIe DIIpdIng I ~ Power I DIy'TInM I MlI1N I AVllllan I Nllmlllln FUIIt I CIIemII:III Storage TOTFL P. Ø2 do ~ '-'" I !P iQ .... ;::0 3Ð'itd b (~ œ í SŒNnoèJÐèJI\7.:1 8lS III I:: .g ] ell ~ .... o ~ aJ .b ¡ I ! I:: ~ f! I I~I ...,,/ M3 3dAl .;I13HS (wW1rl:g~) ,g Ní33tW. .n:;¡H$ (W~IU).f¡ e 8 ~ ~ o:S ~Ld ~~ 6L9;::;::9Þ;::LL ;::;:::T0 900;::/;::0/60 ~ ..I ,~q-~~~¡(sI~E~~'" COUNTY... F LOR I D A- ~"', SAFETY I RISK MANAGEMENT MEMORANDUM #J-05-137 To: SHERRY MCCORKLE FAIRGROUNDS MANAGER cc: liNDA BARTON, WAYNE TEEGARDIN DATE: SEPTEMBER13,2005 FROM: JOHN LENFESTY SAFETY OFFICER SUBJECT: HAZARDOUS MATERIALS STORACE UpOIl yow n~qû.est, I m~with you last mautl! at the:: Fl1i¡"g¡vu..w.b ufficc tu i..ll~pc:\,:L Lhç ~hup builúing to detennine proper chemical storage requirements. My two main concerns were: 1. The lack of space and the close proximity of chemicals and toxic substances used. for grounds maintenance to employee work and break areas, and 2. No proper storage of flammable liquids. Federal OSHA and NFPA tflre prevention) standards require employers to inventory all hazardous chemicals and substances, provide Material Safety Data Sheets (MSDS) to employees ¡¡pan r~que1>l, and provide proper storage of hazardous and flammable liquids to reduce the possibility of accidental tires and injury to employees. To my knowledge, the inventory and MSDS process is progressing. When small quantities of flammable and combustible liquids are used, approved indoor storage cabinets are reconunended. Because of the large quantities of gasoline and other flammable and combustible materials that are used on a regular basis at the Fairgrounds, I recommend the purchase of an approved outdoor hazardous materials storage shed. The Airport purchased one of these in 2003 for the same purposes. . Please contact mc if you have further questioI13. 2300 Virginia Avenue Fort Pierce, FL 3492:f (112) 4&2-1404 FAX {772} 462-2361 10 3Ð'Vd SGNn0èJ9èH'V.::! ::ns 6L92:2:'3Þ2:LL L2::2:2: 9002:/2:1/60 - '" '-"' ..J - - - . .. I' '-' ". "~-"-"'---~-, -.---'-'-'" -'-~"'.'-' AGENDA REQUEST ITEM NO. C5A DATE: Sept. 20. 2005 REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT (X) PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Public Safety Jack T Southard Public Safety Director SUBJECT: Request to approve the Software License and Service Agreement with HTE for the purchase of LG Address Manager software including training and annual support in the amount of $13, 290.00. BACKGROUND: (see attached) FUNDS AVAILABLE: Funds will be available through: 107001-2120-568000-21100 - Software (911 Wireless Funds) - $11,400.00 107001-2120-534110-200 ¡ - Software Support Contracts (911 Wireless Funds) - $1,890.0 PREVIOUS ACTION: RECOMMENDATION: Staff recommends the Board of County Commissioners approve the purchase of the LG Address Manager including training and annual support in the amount of $13,290.00 and have the Chairman sign the Service Agreement. Also approve - Budget Amendment # 05 - 189. COMMISSION ACTION: XAPPROVEDD DENIED o OTHER: Approved 5-0 CONCURRENCE: ß Douglas Anderson County Administrator Cb/ Review and Approvals 0<,""" Atto~ _oo,~,"""d Bud."" '" "'~ ~ginating Cep . ~ wOtf1er:Tl'- a y o Moo"œ, Choc f~ '"py 0"", If a"Ii..OI., ~hasing: -tJ ~ o Other: - '-' ...,; Inter-Office Memorandum Department of Public Safety Division of 911 Communications TO: Board of County Commissioners FROM: Jack T Southard, Direc@ SUBJECT: Mapping/GIS Servers DATE: Sept. 20, 2005 ***************************************************************** This is part of the FCC Phase II for cell phones which is able to receive latitude and longitude information and plot it on the GIS mapping system. The LGAddress software for Public Safety will allow users to seamlessly maintain the County's GIS Address Points which is used by the LGDispatch Map program and the HTE Geofile which is used by the HTE's CAD program simultaneously. Our current process requires redundant maintenance of these files. This product will help ensure a high match percentage between the two files. And its visual interface will help facilitate increased geospatial accuracy when adding or editing address points. The cost of $13, 290.00 will also include annual support for the software. - ....... ..,J BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Public Safety PREPARED DATE: 9/1/2005 AGENDA DATE: 9/20/2005 11¡1'i1i1;~yg;"';'::';'i:ri¡~écoÜJÌlT·NUÏ\llBER·.:':J···. ...., i..·:·.··:..· ',,·.<:.·.'ACCOìJÑTNÄIIÎIE.·/"··· ',., .i;;;.··.·.;~J:ÄMÖlr\T·i;· ':'i':;i>\I-::~;'MJ''''o,:'';'c~:;~;J~.;:~.~'c:}'' <_', , . .. -, . . ,,' ':'<".:~;:/:'i,:.,:.;;;;;;<::,~:,,-;\:>--,:,:':_-_:, -. " .., .<, !~:.:,;:.;;_'?_.-',~' ~~,;>.e~..._~....,.,.._'i....:·;,vc':-:,,,,,~:= ~..",-=.~_.__""""..~-.",_.1.,...>,._~""""""","",~-,~. ."...;-;,', ~"_,ú, ~"~_.,,';,:;;_.' h._;-"".< ·,,,,.,~~,,,,_"",.,:;!>._'''''''',,,,,'''",,"w.;,,;,,,,,_.....",,,''''''-'-'''''''c...~ ", _·..,:...·,,'_·"·"L-' ','":.;. ',.7-~~"~-"""_,,,",,~~'!,¡':.\..~~ TO: 1 07001-2120-568000-21 100 Software $1 1 ,400 - I - u - FROM: 1 07001-2120-599300-21 100 Reserves $11.1/00 REASON FOR BUDGET AMENDMENT: To purchase software CONTINGENCY BALANCE: N/A THIS AMENDMENT: N/A REMAINING BALANCE: ~ N/A DEPARTMENT APPROVAL: (" ~TQ.L. ~ OMB APPROVAL: / (.; ..w"ð BUDGET AMENDMENT #: U BA05-189 DOCUMENT # & INPUT BY: SUNGARDe '-" ...,¡ HTE INC. SUPPLEMENT TO H.T.E., INe. SOFTWARE LICENSE AND SERVICES AGREEMENT BY AND BETWEEN SUNGARD HTE INC. AND ST. LUCIE COUNTY, FL SCHEDULE A-PRICING AND PAYMENT SCHEDULE CONTRACT NO. STLC-20050978 This Supplement is to the Agreement for HT.E., Inc. Software License and Services Agreement (Agreement) dated August 10, 1999, between SunGard HTE Inc. (HTE) and St. Lucie County, FL (Customer). Unless otherwise stated below, all terms and conditions as stated in the Agreement shall remain in effect. Designated Machine Use of the Licensed Program(s) provided in this Supplement on platforms other than specified below, without written pennission from HTE, may be subject to an upgrade charge. Type: Operating System: Model: Serial Number Tape Drive: No. Days of Training Annual Third Party Applications License Fees Training Fees Support LG Address Manager (1 Unit) - LC $ 9,000.00 2 $ 2,400.00 $ 1,890.00 Third Partv ADDlications Total $ 9,000.00 2 $ 2,400.00 $ 1,890.00 Due Upon Due As Due As Contract Incurred! Otherwise Pavment Schedule* Total Contract Execution Delivered Noted Third Party License Fees $ 9,000.00 $ 9,000.00 Third Party Training Fees 2,400.00 $ 2,400.00 Third Party Annual Support 1,890.00 $ 1,890.00 Grand Total $ 13,290.00 $ 9,000.00 $ 2,400.00 $ 1,890.00 APPLICABLE TAXES ARE NOT INCLUDED IN THIS SCHEDULE, AND, IF APPLICABLE, WILL BE ADDED TO THE AMOUNT IN THE PAYMENT INVOICE(S) BEING SENT SEPARATELY TO THE CUSTOMER. *Payments: THE AMOUNTS NOTED ABOVE SHALL BE PAYABLE AS FOLLOWS: Third Party License Fees: Upon execution of this Supplement. Third Party Training Fees: On invoice, as incurred. Third Party Support Fees: Prior to the commencement of the initial term of support. Support fees for subsequent terms of support will be due prior to the start of that term at the then prevailing rate. Rates for subsequent years of support service are subject to change. Travel and Living Expenses: Travel and living expenses are in addition to the prices quoted above and will be invoiced as incurred and shall be governed by the HTE Corporate Travel and Expense Reimbursement Policy, except to the extent in conflict with Section 112.061, F.S. which shall govern in such case. Third Party Support Services The initial term of Third Party application support services shall commence one hundred twenty (120) days after the Delivery Date of the Third Party application(s), and extend for a twelve (12) month term. Subsequent terms of support will be for twelve (12) month periods, commencing at the end of the initial support period. Testing and Acceptance There is no Testing and Acceptance period herein, SunGard HTE Scbedule A VeT. 03/23105 loB STLC-20050978 - Schedu1e A.doc 91712005 '-'" ....I Warranty The Warranty as defmed in the Agreement shall be for a period of one hundred twenty (120) days following Delivery Date. "Delivery Date" shall mean the date HTE delivers, F.e.B. HTE's offices, the Licensed Program(s) to Customer. The date of such delivery shall be referred to as the "Delivery Date." For services, the "Delivery Date" refers to the date services are perfonned. Application Training Listed above are the numbers of days of training for the application(s) listed. Additional application training, if requested by the Customer, can be provided upon request at the standard billing rate in effect at that time. Any fee quoted does not include travel and living expenses. Scheduled Resource Changes Customer acknowledges that HTE makes every effort to schedule training and project management sessions sufficiently in advance to make effective use of HTE's personnel and to obtain favorable prices for travel and living. Accordingly, the following cancellation charges apply to training and on-site project management sessions canceled at the request of Customer: Cancellation within seven (7) days of start date, Customer pays fifty percent (50%) of the total price for the training or on-site project management; cancellation within three (3) days of start date, Customer is responsible for entire price of the training or on-site project management. In addition to the foregoing, Customer shall be obligated to reimburse HTE for any non- refundable expenses incurred by HTE for travel expenses. Notwithstanding the above, HTE will endeavor to reschedule HTE personnel in order to mitigate Customer's costs and expenses under this paragraph. To the extent HTE is successful in such rescheduling, Customer's payment obligations shall be reduced. Third Party Software and Hardware Unless otherwise provided for herein, warranty, modification retrofit and maintenance offerings by HTE for its Licensed Program(s) do not apply to any third party hardware or third party software supplied under this Supplement. HTE does not make any warranties nor provide any source code for any non-HTE products unless otherwise provided herein. The return and refund policy of each individual third party hardware or third party software supplier shall prevail unless otherwise provided herein. Limitation of Liability Additional Provision In addition to the provisions of Section XIV of the Agreement, the following shall be added: To the extent permitted by law, and to the extent provided for under the Agreement and this Supplement, for claims related to bodily injury, death and damage to real property and tangible personal property, HTE shall indenmify and hold haIDÙess the Customer from and against all direct damages and costs of any lånd, including but not limited to reasonable attorney fees, arising out of or resulting from any negligent acts, or negligent omissions of HTE, regardless of whether such claims are caused in part by any party indenmified hereunder, but not to the extent that the Customer is legally liable for such damages and costs. In no event, however, will HTE be liable for any consequential damages, including lost profits, savings or reprocurement costs, even ifHTE has been advised of their possibility. publication HTE reserves the right to publish certain information regarding this Supplement. publication may include, but shall not be limited to, using Customer's name in a press release announcing tbis Supplement and listing Customer's name on HTE's complete customer listing that is made available to other HTE customers and potential customers. Preprinted Terms and Conditions Preprinted conditions and all other terms, not included in this Supplement or in the Agreement, on any purchase order or other document submitted hereafter by Customer are of no force or effect, and the terms and conditions of the Agreement, and if applicable, this Supplement and the Hardware Purchase Agreement if applicable, shall control unless expressly accepted by HTE in writing to the Customer. Non-Hiring Statement During the tenn of this Supplement and for a period of twenty-four (24) months after the termination of this Supplement, the Customer may not offer to hire or in any way employ or compensate any of the employees of HTE or persons who have been employed by HTE within the immediate past twenty-four (24) months without prior consent of HTE. SunGard HTE Schedule A Vcr. 03/23/05 20f3 STLC-Z0050978 - Schedule A.doc 9n /2005 "". ~ The terms and conditions contained in this Supplement, including the prices, will be honored as set forth herein, provided this Supplement is fully executed by October 5,2005. SUNGARD HTE IN;;! ~ignature= Grant Halbin Vice Presidenl 01 Professional Service, SunGard HTE Inc. Print Name & Title ST. LUCIE COUNTY, FL Authorized Signature Print Name & Title Date Cf!1! O~ Date SunGard HTE Schedule A Ver, 03/23/05 30f3 STLC-20050978 - Schedule A.doc 9n 12005 \ ~ ~ AGENDA REOUEST '-WÎ ITEM NO. CSB DATE: September 20,2005 -- '; '."'"" "'.." . '.. .. REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMmED BY(DEPT): PUBUC SAFETY PRESENTED BY: JACK T. SOUTHARD PUBUC SAFETY DIRECTOR SUBJECT: 9G-19Grant. County Emergency Management Preparedness and Assistance Trust Fund Program Base Grant (EMþA). BACKGROUND: Base Grant provided by the Department of Community Affairs, Division of Emergency Management. Agreement Number 06BG-04-10-66-01-110. Amount of Grant Is $105,806.00 less $$2,847 for State of florida Communication Services. The Revenue was included in the Budget the Fiscal Year 2005-2006. FUNDS WILL BE AVAILABLE: PREVIOUS ACTION: 001299 -2510-00000-200 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the agreement #06BG-04-10-66-01-110 and authorize the Chairman to sign. COMMISSION ACTIQN: [~APPROVED [ ] DENIED rl OTHER: ed 5-0 Approv . ouglas Anderso County Administrator county Attorney: Jl/ Review and ADprovals Management " Budgetl2 Vß Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 ~ ~ "'" .."J - S1:. Lucie County Departmen1: of Pub~ic Safety Division of Emergency MaDagemen1: MBHORANDUM TO: Board of County Commissioners FROM: Jack T. Southard, Public Safety Director DATE: August 31, 2005 REF: 9G-19 Grant. County Emergency Manaqement Preparedness and Assistance '1':a:ust Fund Proqram Bas. Grant (BNPA) Agreement #06BG-04-10-66-01-110 The above Base Grant provided by the Department of Community Affairs, Division of Emergency Management. Agreement Number 06BG-04-10-66-01- 110. Amount of Grant is $105,806.00 less $$2,847 for State of Florida Communication Services. The Revenue was included in the Budget the Fiscal Year 2005-2006. Therefore, staff recommends the Board of County Commissioners approve Agreement#06BG-04-10-66-01-110 and authorize the Chairman to sign. JTS/mpd / ~\ [ . "-" .."",¡ "~ . . j Agreement Number: 06BG-04-10-66-01-110 CSF A Number: 52008 CFDA Number: 97.042 STATE AND FEDERALLY FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Department of Community Affairs, with headquarters in TaHahassee, 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 State of Florida, and has the authority to sub grant 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 foHows: (1) SCOPE OF WORK. The Recipient shaH fully perform the obligations in accordance with the Budget, Attachment A, and Scope of Work, Attachment B and B-1, of this Agreement. (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. · <, '-" ...., .' (3) PFR10D OF AGRFFMFNT This Agreement shall begin October 1,2005 and shall end September 30, 2006, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MOmFTr.ATTON OF rONTRArT 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. Notwithstanding the foregoing, any budget changes which do not increase the overall cost of the project or change the Scope of Work do not require a written modification to this Agreement. (5) RFrORDKFFPTNG: (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Govemments" (53 Federal Register 8034) or OMB Circular No. A-I 10, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-2l, "Cost Principles for Educational Institutions," or OMB 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: 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 all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for flve years after final disposition. 3; Records relating to real property acquisition shall be retained for five years after closing of title. 2 · . '-" ~ (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, Attachment A, and Scope of Work - Attachments B and B-I, 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) A 1 m1T RFQl TlRFMFNTS Fm F~r1~rRl FllniÌ~' (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 9f 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. (c) The Recipient shall aiso provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, 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 OMB Circular A-133, as revised. EXHIBIT I to this Agreement indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-l33, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions ofOMB Circular A-I33, as revised, will meet the requirements of this paragraph. 3 · , '-'" ....I In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C ofOMB 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 OMB Circular A-I33, 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 ofOMB 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 ofreporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be 'submitted, when required by Section .320 (d), OMB Circular A-133,as revised, by or on behalf of the Recipient iliTP.l-:tly to each of the following: 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 Division of Emergency Management Bureau of Compliance Planning and Support '2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-B3, as revised (the number of copies required by Sections .320(d)(I) and (2), OMB Circular A-I33, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census th 1201 East 10 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. 4 , , '-" ....I (f) 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 Division of Emergency Management Bureau of Compliance Plarming 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 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 OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the 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. G) The Recipient shall have all audits completed by an independent certified public accountant (IP A) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, "FlnrirlR St;1tl1tP.~. The IPA shall state that the audit complìed with the applicable provisions noted above. The audit must be submitted to the Department no later than seven (7) months from the end ofthe Recipient's fiscal year. 5 · , '-" ..."J For StfltP. Fllnck (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 Wlder 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. (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 nonstate entity as defined by Section 215.97, Floriclfl Stfltlltes, it shall comply with the following: In the event that the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Stfltlltes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, . including State funds received from the Department, other state agencies, and other nonstate entities, State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida StfltntP.~ This includes submission of a reporting package as defined by Section 215.97(2)(d), Flmiclfl Stfltnte~) and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules ofthe Auditor General. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Floriclfl Stfltntes, is not required. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Floriclfl Stfltlltes, the cost ofthe audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities. Additional information on the Florida Single Audit Act may be found at the 6 " . '-" ....", following website: nttp'/Iwww c;t~tp fl m/fc;~~/c;t~llltps ntml. (e) Report Submission 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or on behalf of the Recipient ciifP(~tly to each of the following: 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 An electronic copy shall also be submitted to the above office at the following address: Fnlrilh ]1~rric;n@(k~ c;t:1tp flllS. and Department of Community Affairs Division of Emergency Management Bureau of Compliance Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 7 " ~ -...I (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-l33 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. (f) 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. (g) The Recipient shall have all audits completed in accordance with Section 215.97, Florir1f1 StMlltes by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Floric1a Stf11l1tP.S. The IP A shall state that the audit complied with the applicable provisions noted above. (7) RFPORTS (a) At a minimum, the Recipient shall provide the Department with quarterly financial reports, and with a close-out report. Semi-annual and end of year reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Wark and the expenditure of funds under this Agreement, in addition to such other information as requested by the Department. (b) Quarterly financial 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 ofthe program year are December 31, March 31, June 30 and September 30. (c) The close-out report is due 45 days after termination of this Agreement or upon completion of the activities contained in this Agreement, whichever first occurs. (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. 8 , , '-' .., (e) The Recipient shall provide such additional program updates or information as may be required by the Department. (t) The Recipient shall provide additional reports and information as identified in Attachment D. (8) MONTTORTNG The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, the Budget and Scope of Work is 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 Attachment B and B-1 to this Agreement, and reported in the semi-annual and end of year progress reports. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97, Florin::1 St::1tlJt~c; (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 Department. In the event that the Department determines that a limited scope audit ofthe Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller 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) T TARTT .TTY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Florin::! St::1tl1t~c;, 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 ofthe 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, Florin::1 StMl1t~c;, agrees to be fully responsible to the extent provided by Section 768.28 Florin::! St::1tl1t~c;. 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 9 · , '-' "-" 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) O"FFA1TTT If any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, tenninate 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: (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 perfonn any of the obligations, tenns 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 tenn 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 infonnation; (d) If the Recipient has failed to perfonn and complete in timely fashion any of its obligations under this Agreement. (11) RFM"FOTF.S 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 tennination. 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; 10 . . . . '-' ,.."" (b) of this Agreement; Commence an appropriate legal or equitable action to enforce perfonnance ( 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 infonnation from the Recipient to detennine the reasons for or the extent of non-compliance or lack of perfonnance, 2. issuing a written warning 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 detennined 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 govemingthe 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 perfonnance 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) TRRMTNATION (a) The Department may tenninate 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 perfonn in a timely manner; and refusal by the Recipient to pennit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, FloriòR StR1l1fes, 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 11 .," ., '-' ...I commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to tenninate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the tennination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is tenninated, the Recipient will not incur new obligations for the tenninated portion of the Agreement after the Recipient has received the notification oftennination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the tennination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved ofliability 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 detennined. (13) NOTTrF. ANn rONTAC:T (a) All notices provided under or pursuant to this Agreement shall be in \vriting, 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 atta~hed to the original ofthis Agreement. (b) The name and address of the Department contract manager for this Agreement is: Dee Giles, Contract Manager Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: (850) 413-9940 Fax: (850) 488-7842 Email: çI~~gil~..@(k;:¡..tflt~ f1 11<; 12 I" .. . , '- ...¡ (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Telephone: Fax: Email: (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice ofthe name, title and address of the new representative will be rendered as provided in (13)(a) above. (14) S1TR(;ONTRA(;TS ~~:h:~~~::;~e~:~nh('ontr!lcts :my or !In of the work requirer1 nnfler thi". A~re~m~nt, !I ('0PY of ,. contr!ll'Ì must he ffH"w!lrr1efl to the nep!lrtment for review wJthm ten (10) fI!lYs of e-xecntion. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in the semi- annual and end of year progress reports submitted by the Recipient. For e!l('h snh('ontr!lI'Í, the Re('ipient sh!lll provide !I written st!ltemrnt. to the nep!lrtment!ls to whl'thpr tl1at snhcontr!ll'Ìor is !I minority vl'ndor. (15) TERMS AND (;OND1TTONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) A TT A rHMFNTS (a) All attachments to this Agreement are incorporated as if set out fully herein. 13 '-" ..",., (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 Attachment B and B-1 - Scope of Work Attachment C - Program Statutes, Regulations, and Program Requirements Attachment D - Reports Attachment E - Justification of Advance Attachment F - Warranties and Representations Attachment G - Certification Regarding Debarment Attachment H - Statement of Assurances (17) F'T TNDTNGlrONSm"R"R A TTON (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $1 02,9="9 subject to the availability of funds. (b) By its execution of this Agreement, the Recipient authorizes the Department to pay on its behalf $2,847 for the recurring charges for the satellite communications service from the total allocation provided to Recipient of $105,806. ( c) Any advance payment under this Agreement is subject to Section 216.181(16), F1m;ci;:¡ Stf1tllte~, and is contingent upon the Recipient's acceptance of the rights of the Department under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs ofthe Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-lIO, A-122 and the Cash Management Improvement Act ofl990. Ifan advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. No advance payment is requested. 2. An advance payment of $ is requested. 14 · , "-' 'wi (d) After the initial advance, if any, payment shall be made on a quarterly reimbursement basis. Additional reimbursement requests in excess ofthose made quarterly may be approved by the Department for exceptional circumstances. An explanation of the exceptional circumstances must accompany the request for reimbursement. The Recipient agrees to expend funds in accordance with the Budget, Attachment A, and the Scope of Work, Attachment B and B-1 of this Agreement. 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. The amount of funds available pursuant to this rule chapter may be adjusted proportionally when necessary to meet any matching requirements imposed as a condition of receiving federal disaster relief assistance or planning funds. Any requests received after November 1, 2006, may, in the discretion of the Department, not be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission. Changes to the amount of funding to be provided may be accomplished by notice from the Department to the Recipient, in the form of certified mail, return receipt requested. The Department may make aÌ1 award of additional funds by subsequent Award Letter certified mail, return receipt requested. These additional funds may be accepted by the Emergency Management Director or the Recipient's contact identified in Paragraph (13), above if authorized. Should the Recipient determine it does not wish to accept the award of additional funds, then the Recipient shall provide notice to the Department contact within thirty (30) days ofreceipt ofthe Award Letter. Otherwise, the Recipient shall provide to the Department its written notice of acceptance within forty-five (45) days of receipt of the Award Letter. The terms of this Agreement shall be considered to have been modified to include the additional funds upon the Department's receipt of the written notice of acceptance and receipt of a budget form which details the proposed expenditure of the additional funds. The budget form will be provided by the Department when the offer of additional funds is made. All funds received hereunder shall be placed in an interest-bearing account with a separate account code identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the Recipient by the Department that are not expended in implementing this program shall be returned to the Department, along with any interest earned on all funds received under this Agreement, within ninety (90) days of the expiration of the award Agreement. The Recipient shall comply with all applicable procurement rules and regulations in 15' .- . .. '-' """" securing goods and services to implement the Scope of Work. Whenever required by law or otherwise permitted, the Recipient shall utilize competitive procurement practices. Allowable costs shall be determined in accordance with applicable Office of Management and Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST PRINCIPLES AND PROCEDURES. At a minimum, the Recipient shall continue to provide other funding for the Recipient's Emergency Management Agency at an amount equal to either: (1) the average of the previous three years' level of county general revenue funding of the Recipient's Emergency Management Agency; or (2) the level of funding for the Recipient's Emergency Management Agency for the last fiscal year, whichever figure is lower (Rule 9G-19.011). Recipient's general revenue funding for 911 services, emergency medical services, law enforcement, criminal justice, public works or other services outside the local emergency management agency as defined by Section 252.38, }?loricJ:;. St!ltlltes, shall not be included in determining the "level of county funding of the Recipient's Emergency Management Agency." The Recipient shall certify compliance with this rule chapter and this rule by its execution of this Agreement, and as a condition precedent to receipt of funding. Federal funds provided under this Agreement shall be matched by the Recipient iloll!lr for dill.laJ: from non-federal funds. Should the Recipient wish to carry forward into the fiscal year begirming October 1,2006 any unspent funds awarded under this Agreement, the Recipient must request such carry forward of funds in writing with accompanying documentation detailing the exceptional circumstances requiring the need to the Department by June 30, 2006. At the Division's discretion, an amount not to exceed an amount equal to 25% of the initial amount awarded ($105,806) may be carried forward under this Agreement. Failure to timely submit information, or failure to submit complete information, may result in the denial of a request to carry funds forward. Any carry forward amounts approved will be added to the Recipient's base Agreement for the following year. Funds may not be carried forward for the purpose of paying salaries and benefits of regular or Other Personal Services personnel. Such salaries and benefit funds may be carried forward to cover contractual or other temporary personnel costs for non-recurring projects only. All payments relating to the Agreement shall be mailed to the following address: 16 ., '- ....¡ (18) RFPAYMFNTS 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 Section21 5.34(2), Florin;! St::JtlltP,S. 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) VRNDOR P A YMRNTS Pursuant to Section 215.422, Florin;! StRtllt~S, 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 withiri 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Florin;! St::JtlltP,S 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 ('ONmTTONS (a) The validity ofthis 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 ofthe Department from all its obligations to the Recipient. 17 · . ., '- ...I (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shaUlie 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 shall be deemed severable, but shall not invalidate any other provision ofthis 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 D.S.C. Section 12101 et see¡), 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 acontract 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. (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 18 .._ II ..) '-' ..., , 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 20(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 G) 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. (i) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fl()~ic1~ St~tl1tes, or the Florida Constitution. G) 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, Fl()Tic1~ SM11tes (1) 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, Fl()Tic1~ St~tl1tes, 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 19 · ~. .... .1 '-' "'" employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) ofthe 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 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. (0) This Agreement may not be renewed or extended. (21) T ,ORRYTNG ~R()mRTTT()N (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: 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 connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Fann-LLL, "Disclosure Fonn 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 sub awards at all tiers (including subcontracts, sub grants, 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 far 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 20 .. . '-' ...., $10,000 and not more than $100,000 for each such failure. (22) r.O"PYRTGHT) PATFNT 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 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) T ,EGA T. A TTTHORT7A TTON 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 oftms 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. 21 ., . '- , ....I (24) A~~HRANrF.~ The Recipient shall comply with any Statement of Assurances incorporated as Attachment H. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. . RFrTPTFNT' County BY: Name and title: Date: FID# STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Name and Title: "V>! rr~ie Fllg~t~. nirpctor Date: 22 .. . '-' ...,¡I EXHIBIT - 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program -0- (Federal funds will be awarded at a later date) COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO TillS AGREEMENT ARE AS FOLLOWS: Not applicable at this time. Federal funds will be awarded at a later date within this contract year. STATF, RF,SOTTRCES AWARnEn TO THE REfTPlF,NTPTTRSlTANT TO TmS AQRRF,MF,NT CONSIST OF THF, VOl.T ,OWTN(;' STTR-mCT TO SECTION 21 ~ 97, FI,OmnA ST A TTTTF',S: State Project (list State awarding agency, Catalog of State Financial Assistance title and number) State Awarding 'Agency: 1)epartment of Community Affairs Catalog of State Financial Assistance Title: Emer~en~.y M ;;m\!~ement Pror:rams Catalog of State Financial Assistance Number: 52ll.O..8. State Financial Assistance: $105,806 (less $2,847 for satellite service for 12 months) COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Pursuant to Section 252.373, Florirla StaÍlltes and Rule Chapter 9G-19, Florirla Arlministrative Corle. 23 .. . ~ '.¡ Attachment A Budget The anticipated expenditures for the Categories listed below are for the Emergency Management Preparedness and Assistance (EMP A) State portion of this sub grant only (Paragraph (17)(a), FUNDING/ CONSIDERATION). A separate hlll'lf':et form for the F,mere:ency M:mne:ement Perform:mc:e Qr:mt ry,MPQ) portion ofthis suh~rant will he provirlerl when funrls nre :nvnrrlerl hy the Oepartment. rntee:nry A nticipnterl Rxpenrliture A mount SalariesIFringe Benefits $ Other Personal Services $ Expenses $ Operating Capital Outlay $ Fixed Capital Outlay $ Total State Funds (page 14) $ 24 ., . '-' wi Attachment B and B-1 Scope of Work Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 9G- 6, "FlnrinR Anmini "trRtiv~ r.one and Chapter 252, "Florin:! ~tRt1Jt~S). This Scope of Work recognizes that each recipient is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards, and serves a unique population. In order to receive base grant funding, the Recipient must certify that it win use the award to enhance its Emergency Management Program. As a condition of receiving funding pursuant to this Agreement, the Recipient shall complete the work items approved by the Department and attached hereto as Attachment B-1. Subsequent revisions during the tenn of this Agreement shall done by written modification in accordance with Paragraph (4) ofthis Agreement. 25 .. . . '-" -wi Attachment C Program Statutes, Regulations, and Program Requirements PrnV"ilm Stiltntes 1. Chapter 252, Florinil Stiltlltes 2. Rule Chapters 9G-6, 9G-ll, 9G-19 and 9G-20, F'lnrinil AiÌministriltivp. rniÌe 3. Chapter 215.97, FloriiÌil Sti1tlJtes 4. Chapter 287, Florinil Stilhltes 5. Chapter 119, FlnriiÌil StiltlltP.S 6. Chapter 112, Flnric1il Stiltntp.s 7. OMB Circular A-87 8. OMB Circular A-l33 9. 48 CFR, Part 31 Prnorilm Rel1l1irp.mp.nts '-' (1) FQTTTPMFNT AN]) PROPFRTY MANAGFMFNT The Recipient acknowledges the completed instal1ation of a Hughes Network Systems, Inc., Personal Earth Station and related equipment (hereinafter "the Equipment"). The Recipient acknowledges and agrees to comply with applicable terms and conditions of: (1) the State of Florida Lease/Purchase Agreement, dated October 1994, executed between Hughes Network Systems, Inc. ("HNS"), and the Department, (a copy of which is available from the Department) regarding the procurement and use of the Equipment; and (2) the Services Agreement Between Hughes Network Systems, Inc., and the State of Florida, dated January 1995, (a copy of which is available from the Department) (hereinafter, collectively, "the HNS Agreements") regarding the operation of an interactive satellite communications service for the Department, the Recipient and other sites. In particular, the Recipient agrees: A. That any reports of problems with the Equipment or system, trouble reports, and any requests for repairs, service, maintenance or the like, shall be communicated directly and exclusively to the Department's State Warning Point (SWP) (850) 413-9910. B. That the Recipient will assist and comply with the instructions of the SWP and any technical service representative responding to the report or service request. 26 .. . '-' 'WÎ Recipient's personnel shall cooperate with and assist service representatives, as required, for installation, troubleshooting and fault isolation, with adequate staff. C. That the Recipient shall not change, modify, deinstall, relocate, remove or alter the Equipment, accessories, attachments and related items without the express written approval of the Department. D. That the Recipient shall provide access, subject to reasonable security restrictions, to the Equipment and related areas and locations of the Recipient's facilities and premises, and will arrange pennitted access to areas of third-party facilities and premises for the purpose of inspecting the Equipment and perfonning work related to the Equipment. Service representatives and others perfonning said work shall comply with the Recipient's reasonable rules and regulations for access, provided the Department is promptly furnished with a copy after execution of this Agreement. The Recipient shall provide safe access to the Equipment and will maintain the environment where the Equipment is located in a safe and secure condition. The Recipient shall provide service representatives with access to electrical power, water and other utilities, as well as telephone access to the Recipient's facility as required for efficient service. E. That the Recipient shall take reasonable steps to secure the Equipment and to protect the Equipment from damage, theft, loss and other hazards. This shall not obligate the Recipient to procure insurance. The Department agrees to procure and maintain all risks insurance coverage on the Equipment. The Recipient agrees to refrain from using or dealing with the Equipment in any marmer which is inconsistent with the HNS Agreements, any policy of insurance referred to in the HNS Agreements, and any applicable laws, codes ordinances or regulations. The Recipient shall not allow the Equipment to be misused, abused, wasted, or allowed to deteriorate, except nonnal wear and tear resulting from its intended use. The Recipient shall immediately report any damage, loss, trouble, service interruption, accident or other problem related to the Equipment to the SWP, and shall comply with reasonable instructions issued thereafter. 27 ~ ..J F. That any software supplied in connection with the use or installation of the equipment is subject to proprietary rights of Hughes Network Systems, Inc., and/or HNS's vendor(s) and/or the Department's vendor(s). The use of one copy of said software is subject to a license granted from HNS to the Department, and a sublicense from the Department to the Recipient, to use the software solely in the operation of the Equipment, to commence on delivery ofthe software to the Recipient and to last for the term of the HNS Agreements. The Recipient shall not: (i) copy or duplicate, or permit anyone else to copy or duplicate, any part of the software, or (ii) create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object programs or from other information provided in connection with the Equipment. The Recipient shall not, directly or indirectly, sell, transfer, offer, disclose, lease, or license the software to any third party. G. To comply with these provisions until the termination of the HNS Agreements. H. The amounts retained for the satellite service cover the initial order for services provided to the Department pursuant to the services agreement between Hughes Network Systems and the State of Florida. The charge does not cover maintenance, repair, additional equipment and other services not part of the initial order for services. The service charge covers only the remote corrective maintenance specified in paragraph 4.3 of the Service Agreement with HNS and does not cover other maintenance, repair, additional equipment and other services not part of the initial order for services. In particular, the service charge does not cover: 1. Maintenance, repair, or replacement of parts damaged or lost through catastrophe, accident, lightning, theft, misuse, fault or negligence of the Recipient or causes external to the Equipment, such as, but not limited to, failure of, or faulty, electrical power or air conditioning, operator error, failure or malfunction of data communication Equipment not provided to the Recipient by the Department under this Agreement, or from any cause other than intended and ordinary use. 2. Changes, modifications, or alterations in or to the Equipment other than approved upgrades and configuration changes. 3. Deinstallation, relocation, or removal ofthe Equipment or any accessories, attachments or other devices. The Recipient shall be independently responsible for any and all charges not part ofthe initial service order. 28 ." . '-' ...., (2) NA W AS. In the event the Recipient desires to continue use of the National Warning System (NA WAS) line, then the Recipient shall assume all operational and flscal responsibility for the NA W AS line and equipment in the County. (3) YF1-Hn ,E& Written approval from the Director of the Division of Emergency Management must be obtained prior to the purchase of any motor vehicle with funds provided under this Agreement. In the absence of such approval, the Department has no obligation to honor such reimbursement request. Any trade-in or resale funds received relating to any vehicle purchased under this sub grant is program income and must be applied toward the Recipient's Emergency Management Preparedness and Assistance (EMP A) Base Grant expenditures. (4) "P"R O"PF"RTY M AN AGFMFNTI"P"R on T"RFMFNT (a) The recipient shall comply with applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Wherever required by law or otherwise permitted, the Recipient shall utilize competitive procurement practices. (b) Allowable costs shall be determined in accordance with Office of Management and Budget Circular A-I02 - Common Rule. . (c) Recipient agrees to use any equipment purchased under the terms ofthis Agreement for the purpose for which it was intended. (d) Equipment purchased under the terms of this Agreement shall remain the property of the Recipient. The disposition of equipment shall be made in accordance with the Recipient's policies and procedures and applicable federal policies and procedures. (5) CF."RTlFT<:ATTnNS. (a) By its execution ofthis Agreement, the Recipient certifies that it is currently in full compliance with the Rule Chapters 9G-6, 9G-ll, and 9G-19, Florin::¡ Anminic;tr::¡tivp. roòe, Chapter 252, florin::¡ St::¡tlltes, and appropriate administrative rules and regulations that guide the emergency management program and associated activities. (b) The Recipient certifies that funds received from the Emergency Management, Preparedness and Assistance Trust Fund (EMP A funds) will not be used to supplant existing funds, nor will funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund. The Recipient further certifies that EMP A funds 29 H . ~ ...J shall not be expended for 911 services, emergency medical services, law enforcement, criminal justice, fire service, public works or other services outside the emergency management responsibilities assigned to the Recipient's Emergency Management Agency, unless such expenditure enhances emergency management capabilities as expressly assigned in the local Comprehensive Emergency Management Plan (CEMP). (c) The Recipient certifies that it is a participant in the most current Statewide Mutual Aid Agreement (SMAA). (d) By its signature, the Recipient reaffirms its certification to employ and maintain a full-time Director consistent with Rule 9G-l9.002(6), £]mic1::! Ar1m;nistr::!tivp r.()C1e. 6) OTHFR ('()NnlTTON& (a) As a further condition of receiving funding under this Agreement, following full or partial County Emergency Operation Center activation at a level equivalent to a State Emergency Operation Center level two (2) or above during the period of this Agreement, then the Recipient shall, within forty-five (45) days following the conclusion ofthe activation, evaluate the performance of all elements of the local emergency management program during that activation, and provide a written after action report to the Department. (b) Funds may not be used for items such as door prizes and gifts. Flyers and educational information to educate the public about the Emergency Management Program is allowable. (c) Food and beverages may be purchased for Emergency Managernent personnel and other personnel ~ if the Recipient's Emergency Operation Center or field command office is in an activated status and personnel receiving foodlbeverage are on duty at either of these locations. purchases may be made only under (1) An Executive Order issued by the Governor or (2) a State of Emergency appropriately declared by local offlcials in response to an emergency event or threat. (d) Within 60 days of execution of this Agreement, the Recipient shall provide copies of any new or updated ordinances in effect which expressly address emergency management, disaster preparedness, civil defense, disasters, emergencies or otherwise govern the activation of the local emergency management program provided in s.252.38, Flm;n::! St::!tlltes. 30 -1" ~- . '-' ..",¡ Attachment D Reports A. The Recipient shall provide the Department with quarterly financial reports, semi-annual summary progress reports prepared in conjunction with the Department's Area Coordinator, and a final close-out report, all in a format to be provided by the Department. B. Quarterly financial reports shall begin with the first quarter of the Recipient's fiscal year; are due to the Department no later than thirty (30) days after the end of each quarter of the program year; and shall continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter ofthis program year are December 31, March 31, June 30 and September 30. C. The final close-out report is due forty-five (45) days after termination ofthis Agreement. D. In addition to the above, in order to ensure compliance with Rule 90-19.011, Flnrida Arlministrf1tiv~ r.orle, historical budgetary information relating to the Recipient's Emergency Management Program is also required. This information shall be developed based on guidelines provided by the Department and shall be submitted to the Department not later than December 31, 2005. :r"lH~ HistoriclI"I Tnformlltion form must he prepllrei! !!nò si!?:nei! hr IIn offici!!1 of the County's Fin!!nce Offi~e. E. In a format provided by the Department, a proposed staffing summary shall be submitted to the Department not later than December 31,2005. F. If all required reports prescribed above are not provided 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 Paragraphs (9), and Rule 90-19.014, Flnrirl~ Arlministflltive r.orle. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles, guidelines and applicable law, and is consistent with the Scope of Work. O. Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. H. All report formats provided by the Department shall be made available to the Recipient on the Division's Internet site and II hllrrl copy wil1 he mRi1~ò with II flll1y execlltN1 copy of the A8re~ment 31 ~ .. ., r" '¥ { '-' ...,¡ Attachment E JUSTIFICATION OF ADVANCE PAYMENT Recipient: Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(16)(a)(b), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the recIpient within the initial three months. .------------------------------- .-------------------------------------------- I 1 ,Advance payment of$ is requested. Balance of :payments will be made on a reimbursement basis. These funds are I 1 1 1 I , I , I :needed to pay staff, and purchase start-up supplies and equipment. We : :~~J!.l~ ~~t'þ~ ~~l~ t..o_op~r~t~ ~h_e .PEo_gEa~ ':Yi~h_0!clt..t~iE ~c!v3~c_e:. - - - - - ~ :[ ] NO ADVANCE REQUESTED I 1 'No advance payment is requested. Payment I 'will be solely on a reimbursement basis. No :additional information is required. I : [ ] ADVANCE REQUESTED .------------------------------ ADVANCE REQUEST WORKSHEET Uyou are requesting an advance, complete the following worksheet DESCRIPTION (A) FFY 2003 (B) FFY 2004 (C) FFY 2005 (D) Total 1 INITIAL CONTRACT ALLOCATION 2 FffiST THREE MONTHS CONTRACT EXPENDITURESl 3 AVERAGE PERCENT EXPENDED IN FffiST THREE MONTHS mivide line 2 bv line U First three months expenditures need only be provided for the years in which you requested an advance. If you do not have this information, call your consultant and they ~vill assIst you. MAXTMUM AnVANrF, AU.oWF:n rAT,m.ATTON: EMPA Award MAXIMUM ADVANCE (do not include match) "f?F(}TlRST FOR WATVRR OFCAT.CTlT.ATFTJ MAXTMTlM 1 Recipient has no previous EMP A contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. [ ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. X $ = Cell D3 32 ,. ~. .~ " "'" ..." ESTIMATED EXPENSES BUDGET CATEGORY 2005-2006 Anticipated Expenditures for First Three Months of Contract Salaries/OPS Program Expenses TOTAL EXPENSES Explanation of Circumstances 33 \~ .~ q ~ .I Attachment F Warranties and Representations FiMn~i~l M~n~~p-ment Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure ofthe financial results of this project or program (2) Records that identify adequately the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (6) Accounting records, including cost accounting records that are supported by source documentation. r.ompf'titinn 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 andlor requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offer or 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 offer or 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. r.or1f'~ nf ~onrll1ct 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 34 ~ ...., 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. T ,i~p,n<¡inz nnn pp.nnittinz All subcontractors or employees hired by the Recipient shaH have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 35 ¡'.> '" ..,., Attachment G Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Contractor Covered Transactions (1) The prospective contractor of the Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debannent, declared ineligible, or voluntarily excluded ITom 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: By: Signature Recipient's Name Name and Title DCA Contract Number Street Address City, State, Zip Date 36 J ~ .. '" ..." A TT ACHMENT H Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21, A-110, A-l22, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally- assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. ' 4. It vvill establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EP A Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EP A. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234,87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Ho.using and Urban Development as an area having special flood hazards. The phrase "Federal financial I·' ... '-' ...., assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 ofthe National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct ofInvestigations, 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 Federal grantor agency ofthe 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. 10. It will comply, and assure the compliance of all its sub grantees and contractors, with the applicable provisions of Title I ofthe 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 Programs Financial and Administrative Guide for Grants, M71 00.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality ofldentifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, NondiscriminationlEqual Employment Opportunity policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3 789( d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 ofthe Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Educati.on Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds ofrace, color, religion, national origin, 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. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. f .~ I"; '-' ..." 15. It will comply 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. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. '..,,/ ITEM NO. C5C DATE: September 20,2005 .... ...... ,4!GENDA REOUEST REGULAR [ ] PUBUC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): PUBUC SAFETY PRESENTED BY: JACK T. SOUTHARD PUBUC SAFETY DIRECTOR SUBJECT: Request to accept Modification #1 to Agreement #05-DS-2N-10-66-01-411, State Homeland Security Grant, time extension. BACKGROUND: The Board of County Commissioners approved the State Homeland Security Grant on January 25, 2005, The Purpose is for EOC enhancements, local planning, exercise, and training for homeland security. This agreement was to expire on September 30, 2005. Modification #1 to this Agreement Is extending the expiration date to November 30,2005. FUNDS WILL BE AVAILABLE: N/A PREVIOUS AcrION: On January 25, 2005, the St. Lucie Board of County Commissioners accepted the State Homeland Security Grant for EOC enhancements, local planning, exercise and training for homeland security. REÇOMMENDATION: Staff recommends the Board of County Commissioners approve Modification #1 to Agreement#05-DS-2N-I0-66-01-411, State Homeland Security Grant. COMMI'~J:ON ACTIQN: be] APPROVED [ ] DENIED r-] OTHER: Approved 5-0 'O;1~ Douglas Anderson County Administrator Originating Dep . Review and ADDrovals county Attorney: Management & Budget Other: Purchasing: Other: Finance: Eff. 5/96 . '-'" ~ -. . ,,:-:-:-;:- ,,"'..,: ::: ~~.~.. n;_> ,.,. ". '. ,....:"'. ,."'-,_ ,,',:'," . .. I· ...... . _....~"'-~-'"""" st. Lucie County Department of Pub~ic Safety Division of .Emergency "~"..gement M!:MO.RAN'Dt7M TO: Board of County Commissioners FRaN: Jack T. Southard, Public Safety Director DATE: August 30, 2005 REF: Modification #1 to Aqreement State Homeland Security Grant The Board of County Commissioners approved the State Homeland Security Grant on January 25, 2005. The Purpose is for EOC enhancements, local planning, exercise, and training for homeland security. This agreement was to expire on September 30, 2005. Modification #1 to this Agreement is extending the expiration date to November 30, 2005. Therefore, Staff recommends the Board of County Commissioners approve Modification #1 to Agreement#05-DS-2N-10-66-01-411, State Homeland Security Grant. JTS/mpd "" .."" Contract Number: CFDA Number: OS-DS-2N-10-66-01-411 97.004 MODIFICATION #1 TO AGREEMENT This ModifICation is made and entered into by and between the State of Florida, Department of Community Affairs (hereinafter referred to as the Department), and St. Lucie County Board of County Commissioners (hereinafter referred to as the "Recipient"), to modify the Department of Community Affairs contract number 05-DS-2N-10-66-01-411, dated July 1, 2004 (the Agreement). WHEREAS, the Department, with headquarters in Tallahassee, Florida, and the Recipient have entered into the Agreement, pursuant to which the Department has provided a sub grant of $159,116 to Recipient; WHEREAS, the Agreement expires on September 30, 2005; and WHEREAS, the Department and the Recipient desire to modify the Agreement by extending it. NOW, THEREFORE, In consideration of the above, the parties agree to modify the above- referenced Agreement as follows: 1. Paragraph (3) of the Agreement is hereby deleted in it$ entirety, and the following paragraph substituted in its place and stead for all intents and purposes: This Agreement shall begin July 1, 2004, and shall end November 30, 2005, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. 2. All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform with this ModifICation, effective as of the date of the last execution of this ModiflC8tion by both parties. 3. All provisions not In conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have caused this modification to be executed by the undersigned offICials as of the date listed below. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BY: Name and title: Date: SAMAS # FID# STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: W. Craig Fugate, Director Date: . " '-' ..." AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C-G DATE: Sept. 20, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XXX] PRESENTED BY: Carl Holeva Human Resources Director SUBMITTED BY{DEPT): HUMAN RESOURCES DEPARTMENT SUBJECT: Add 2 new positions of Senor Accounting Clerk to Code Compliance Department. (Please see position requests POSOS-097 & POSOS-098 and equipment request EQOS-378 and see attached job description). BACKGROUND: {Please see attached memo} FUNDS AVAIL.: 4% administrative fee RECOMMENDATION: Staff recommends approval of addition of two new positions, POS05-097 and POSOS-098 and EQOS-378 . COMMISSION ACTION: CONCURRENCE: ~I Douglas Anderson Ý County Administra r . Review and A r v S County Attorney: _ Management &. Budget ,\, Originating Dept.' Other: Finance: (Check for Copy only, if applicable)___ [')tAPPROVED [ ] DENIED [ ] OTHER Approved 5-0 Purchasing : Other: \~ Q.. Eff. 5/96 · , I '-' ...., AGENDA TO: BOARD OF COUNTY COMMISSIONERS FROM: Carl Holeva, Human Resources Director DATE: Sept. 20, 2005 SUBJECT: Two additional Senior Accounting Clerks Needed for Code Compliance Division. BACKGROUND: St. Lucie County will be collecting impact fees which the City of Port St. Lucie will no longer be collecting and as a result, more administrative support is required in the Code Compliance Division. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the addition of two Senior Accounting Clerks. (Job descriptions attached and position requests POS05-097 and POS05-098 and equipment requests EQ-05-378. position will not be filled until Oct. 1, 2005. Respectfully submitted, ~~~, Carl Holeva Human Resources Director cHimp Attachment , ST. LU COUNTY BOARD OF COUNTY COMMISSION S POSITION REQUEST FOR FISCAL YEAR 2004-2005 DEPARTMENT: RECOMMENDED: YES NO POSITION TITLE: Senior Accountin Clerk FTE: 1.00 SALARY: BENEFITS: $26,492 $24,456 JOB CODE: PAY GRADE: 727 13 JUSTIFICATION: This position is being requested for collection of impact fees, which the City of Port 51. Lucie will no longer be collecting. The effective date will be 10/1/05. POSITION REQ#: POS05-097 ACCOUNT#: ; ST. LU COUNTY BOARD OF COUNTY COMMISSION S POSITION REQUEST FOR FISCAL YEAR 2004-2005 DEPARTMENT: RECOMMENDED: YES NO POSITION TITLE: Senior Accountin Clerk FTE: 1.00 SALARY: BENEFITS: $26,492 $24,456 JOB CODE: PAY GRADE: 727 13 JUSTIFICATION: The Senior Accounting Clerk effective 10/1/05 will begin the collection of impact fees. The City of Port St. Lucie will no longer collect impact fees. POSITION REQ#: POS05-09a ACCOUNT#: , 'w' ..., ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2004-2005 DEPARTMENT: PUBLIC WORKS RECOMMENDED: YES NO REVISED JUSTIFICATION: The (2) computers will be for the two new Senior Accounting Clerk positions. EQUIPMENT REQ#: EQ05-378 ACCOUNT#: ,.,. \ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: @ APPROVED o OTHER Approved 5-0 County Attorney Originating Dept.: Finance: '-'" ....J Agenda Request Item Number Date: c.-1ft 09/20/05 Consent Regular Public Hearing Leg. [ ) [X] [ ] [ ] Quasi-JD [ Presented By ~~ ~ --- - -- __ I r--""---::" ../ Assistant County Administrator Consider Draft Resolution 05-152 Granting a 12-Month Extension the Majestic Bay Subdivision Major Site Plan. Board of County Commissioners Growth Management SI. Lucie County has received a request from the developer of the Majestic Bay Subdivision project for a 12-month extension. Majeslic Bay Subdivision is a 13-lot single-family residential subdivision, located on the west side of South A-1-A, approximately 110 feet north of the entrance to the Baytree Subdivision on Pepper Lane. The developer is requesting the 12-month extension in order to finalize the environmental permitting for the project. The developer's representative has obtained permits from the South Florida Water Management District and permits from the Army Corps of Engineers are pending. A revised plat and minor site plan revision have been provided to SI. Lucie County and are currently under review. N/A On September 4, 2004, this Board granted a 12-month extension to the approved Majestic Bay Subdivision. On September 10. 2002, the Board of County Commissioners approved the Major Site Plan for the project known as Majestic Bay Subdivision. Staff recommends approval of Draft Resolution 05-152. which would grant a 12-month extension to the approved project. D DENIED ONCURRENCE: Douglas M. An erson County Administrator .'ry L' <::. Coordination! Signatures Mgl. & Budget: Environ. Res. Division: \¡ hvtj Purchasing: Other: ~' '" '-" ...¡ Commission Review: September 20, 2005 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners FROM: Assistant County Administrator DATE: September 14, 2005 SUBJECT: Request of Don Poletta (Greg Boggs, Agent) for a 12-month extension of the Major Site Plan known as Majestic Bay Subdivision. On September 10, 2002, this Board approved Resolution 02-150 granting Major Site Plan approval for the project to be known as Majestic Bay Subdivision, which is a 13-lot single-family residential subdivision, located on the west side of South A-1-A, approximately 110 feet north of the entrance to Baytree Subdivision on Pepper Lane. On September 4, 2005, this Board granted a 12-month extension of the approved site plan. The developer is requesting an additional 12-month extension of the approved project in order to finalize the environmental permitting for the project. The developer's representative has obtained permits from the South Florida Water Management District and permits from the Army Corps of Engineers are pending. A revised plat and minor site plan revision have been provided to St. Lucie County and are currently under review. Attached is copy of a Draft Resolution 05-152 that, if approved, would grant a 12-month extension to the Major Site Plan known as Majestic Bay Subdivision. The expiration date for this Major Site Plan will be September 10, 2006. Staff recommends approval of the attached Draft Resolution 05-152. Please let this office know if you have any questions on this matter. SUBMITTED: .......--¡ r--- _ I <- Faye Outlaw Assistant County Administrator --¡~ --... .-/ cc: Greg Boggs - Lucido & Associates, Inc. File '-" ....,/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION 05-152 FILE NO.: BCC-05-003 A RESOLUTION PROVIDING FOR A 12-MONTH EXTENSION OF A MAJOR SITE PLAN FOR THE PROJECT KNOWN AS MAJESTIC BAY SUBDIVISION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. On September 10, 2002, this Board through Resolution 02-150 approved the Major Site Plan for the project known as Majestic Bay, a proposed 13-lot single-family residential subdivision, on property located on the west side of South A-1 -A, approximately 110 feet north of the entrance to the Baytree Subdivision on Pepper Lane. 2. On September 4, 2004, this Board, through Resolution 04-212, approved a 12-month extension of the approved major site plan. 3. The developer of Majestic Bay Subdivision has requested that the Major Site Plan granted through Resolution 02-150, be extended for a period of 12 additional months from its date of scheduled expiration, September 10, 2005. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.06(B)(2) of the St. Lucie County Land Development Code, the Major Site Plan, approved through Resolution 02-150, is hereby extended for a period of 12 additional months from its date of scheduled expiration, September 10, 2005, with the new expiration date being September 10, 2006. B. All terms and conditions of Resolution 02-150, Parts Band G excluded, shall remain in full force and effect. C. The property on which this Major Site Plan extension is being granted is described as follows: START AT THE NORTHWEST CORNER OF GOVERNMENT LOT 1, SECTION 11, TOWNSHIP 37 SOUTH, RANGE 41 EAST, ST. LUCIE COUNTY, FLORIDA, THENCE RUN NORTH 89°35' WEST ALONG THE NORTH LINE OF SAID SECTION 11, A DISTANCE OF 176.8 FEET TO THE NORTHEAST CORNER OF THE AFORESAID PARCEL "H", THENCE RUN SOUTH 21°03' EAST ALONG THE EASTERLY LINE OF SAID PARCEL "H", A DISTANCE OF 168.71 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE TO RUN File No.: BCC-05-003 September 20, 2005 Resolution 05-152 Page 1 '-' ...I 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 SOUTH 21 °03' EAST ALONG SAID EASTERLY LINE TO THE SOUTHEAST CORNER OF SAID PARCEL "H", A DISTANCE OF 480.79 FEET, THENCE RUN NORTH 89°35' WEST ALONG THE SOUTH LINE OF SAID PARCEL "H" TO THE EASTERLY SHORE LINE OF THE INDIAN RIVER, A DISTANCE OF 1462.3 FEET, MORE OR LESS±, THENCE MEANDER NORTHERLY ALONG SAID EASTERLY SHORE LINE OF THE INDIAN RIVER TO THE INTERSECTION WITH A LINE THAT BEARS NORTH 89°35' WEST FROM THE POINT OF BEGINNING, A DISTANCE OF 57.0 FEET, MORE OR LESS, THENCE RUN SOUTH 89°35' EAST, ALONG LASTLY SAID LINE, A DISTANCE OF 1003.61 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, LESS, HOWEVER, ALL ROAD RIGHTS-OF- WAY. TOGETHER WITH ALL RIPARIAN AND LITTORAL RIGHTS THEREUNTO BELONGING OR IN ANYWISE APPERTAINING. (Location: West side of South State Road A-1-A, approximately 110 feet north of the entrance to the Baytree subdivision on Pepper Lane) D. This Major Site Plan extension shall expire on September 10, 2006, unless Final Plat Approval is obtained in accordance with Section 11.03.00 of the St. Lucie County Land Development Code. E. The Certificate of Capacity granted by the Community Development Director on September 10, 2002, shall remain valid for the period of this Major Site Plan approval. F. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. G. A copy of this resolution shall be placed on file with the St. Lucie County Growth Management Director. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson xxx XXX Vice-Chairman Doug Coward Commissioner Paula A. Lewis XXX XXX XXX Commissioner Joseph E. Smith Commissioner Chris Craft File No.: BCC-05-003 September 20, 2005 Resolution 05-152 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 '-" ..",,¡ PASSED AND DULY ADOPTED this 20th Day of September 2005. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST APPROVED AS TO FORM AND CORRECTNESS Deputy Clerk County Attorney hf H:\WORDIPetitionsIBCClFinished2005\MajesticBaySD.SPlMajesticBaySD-EX2-RES.doc File No.: BCC-05-003 September 20, 2005 Resolution 05-152 Page 3 . - *:;: Viol ,"101 J VItj¥ V Thomas Lucido & Associates, P.A. ,Land Planning/Land$cape Architecture ..." August 1 0, 2005 ~. lIankFlores . Development Review Planner III Growth Manágement St. Lucie County 2300 Virginia Avenue Fort Pierce,F134982-5652 RE: . Majestic Bay- Request for Extension Our Rèf No: B520 Dear Mr. Flores: On behalf of our client, Don Po.lletta, we are hereby requesting a one-year extension of the Development Plan Approval for the subject project. The project is set to expire on , September 10, 200S.Environmental permitting has been progressing satisfactorily, but may not be completed by the September 101h deadline. The process the project has been involved in, is as follows: , . o SFWMD/State permits have been obtained. o ACOE permitting is pending; Public Notice published with no statutory time limiting issuance. o Final Engineering Construction plans submitted. o Revfsed plat submitted. . . o Bond for constructionlIetter of credit submitted. o Minor Adjustment submitted on 6.30.05 and is currently under statTreview. Please place this extension request on the next regularly scheduled Board of County Commission meeting agenda, and notifY me as to its placemerit so that we will be in attendance. 'V 701 E. Ocean Blvd. Stuart, Florida 34994 772 r 220·2100 Fax 772 I 223·0220 V 827 North ThorntOn Avenue Orlando. Florida 32803 407 I 898-9521 Fax 407 I 898-97.68 'V 100 Avenue A. Suite 2A Fort Pierce, Florida 34950 772 1 467·1301 Fax 772/467-1303 · - ,,' ~ '/ , Thank you for your &ttention to this matter. Sincerely, c Don Polletta Butch Terpening R.L.Weigt \ ., , . ..,' , , I , . , ~ \ '. '-" ...I Agenda Request Item Number: Meeting Date: f! ~ 11c"3 09/20/05 Consent Regular Public Hearing Leg. [ ] [X] [ ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Growth Management Dept presente:.: ' ~ ( "::::! ~~ Assistant County Administrator Approval to extend the EDSA contract for the Research and Education Park Master Plan from 06-15-05 to 11-30-05. SUBJECT: BACKGROUND: The EDSA Master Plan was originally approved on March 15, 2005 in the amount of $91,200.00 with a completion by June 15,2005. FUNDS AVAilABLE: 666-1515-531000-100 - no increase in funds is requested. PREVIOUS ACTION: Agreement approved on March 15, 2005 between EDSA and County for Master Plan. RECOMMENDATION: Staff recommends approval of contract extension to November 30, 2005 and authorization for the Chairman to sign the contract extension. COMMISSION ACTION: ~ APPROVED CJ OTHER D DENIED CURRENCE: ouglas M. An rson County Administrator Approved 5-0 CO,"'y Attorney ~ Finance.: ' Environ. Resources; Coordinationl Signatures Mgt. & Budget: <::f'olll~ Purchasing: Fire Dept: Public Works: Utility: Other: '-' ""'" COMMUNITY DEVELOPMENT DEPARTMENT Economic Development Division MEMORANDUM TO: FROM: Board of County Commission JV Tourism/Economic Development Departmen1 DATE: March 8, 2005 SUBJECT: Approval to contract with EDSA for the Research and Education Park Master Plan. The amount of the contract is $91,200. See attached EDSA proposal and County contract. The Master Plan is the next step in the Research and Education Park now that the Needs Assessment is complete. In December 2004, we placed an RFP -05-011 for qualifications for a Master Planner. EDSA was selected and now the negotiations have been completed. 666-1515-531000-100 (St. Lucie County Economic Development Trust Fund). On February 15, 2005, the Board of County Commission approved the request to enter into negotiations with EDSA and to bring back the contract for Board approval. Staff recommends approval to the contract with EDSA for a total amount of $91,200 and authorization for the Chairman to sign the contract as prepared by the County Attorney. sr , ,. ~ ..""" CONSUL T ANT AGREEMENT THIS AGREEMENT, made and entered into this day of ,2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and EDSA, hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, the County desires to retain the professional services of the Consultant to develop a Master Plan for the St. Lucie County Research and Education Park (the "Project"); and, WHEREAS, the Consultant desires to provide the County with such services. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1. GENERAL SCOPE OF THIS AGREEMENT The relationship of the Consultant to the County will be solely that of a consultant. The Consultant is an independent contractor and is not an employee or agent of the County. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Consultant, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Consultant will provide the professional and technical services required for the successful completion of this Agreement in accordance with practices generally acceptable within the industry and good ethical standards. 2. SCOPE OF WORK The scope of work to be performed by the Consultant under this Agreement is: Development of a Master Plan for the 51. Lucie County Research and Education park, as set forth in the Consultant's Proposal dated February 14, 2005, attached hereto and incorporated herein as Exhibit "A". In the event of any conflict between the Proposal and this Agreement, the terms of this Agreement shall control. -1- '-' ..., 3. PROJECT MANAGER The Project Managers for the County are Anita Neal, County Extension Director, at (772) 462-1660, and Larry Daum, Economic Development Manager, at (772) 462-1564. The Project Manager for the Consultant is Kana Gray, ASLA, at (954) 524-3330. The parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 4. TIME OF PERFORMANCE The Consultant agrees to begin work promptly after receipt ofa fully executed copy of this Agreement and complete all work hereunder on or before June 15, 2005 as set forth in the Schedule included in the Consultant's Proposa1. 5. COMPENSATION The Consultant shall be compensated for aU services rendered under this Agreement as set forth in the proposed budget contained within the Scope for Work. The total amount paid hereunder shall not exceed ninety-one thousand two hundred and 00/100 dollars ($91,200.00). All travel and per diem expenses paid hereunder shall be subject to the provisions of St. Lucie County Resolution No. 05-57, a copy of which is attached hereto and incorporated herein as Exhibit "B". All invoices presented to the County for payment shall be on a Request for Payment form approved by the County. 6. DEFAULT: TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Agreement in a timely and proper manner, the other party shaH have the right to terminate this Agreement by giving written notice of any deficiency and by aHowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Agreement shall terminate at the expiration of the seven (7) calendar day time period. With regard to The Consultant, the following items shaH be considered a default under this Agreement: (1) If the Consultant should be adjudged bankrupt, or if he, or it, should make -2- '-' ..., a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Consultant should persistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to provide the services contemplated by this Agreement. (3) Project Manager or Agreement. If the Consultant disregards laws, ordinances, or the instructions of the otherwise is guilty of a substantial violation of the provisions of the In the event of termination, the Consultant shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. B. WITHOUT CAUSE Either party may terminate the Agreement without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Consultant for all authorized work satisfactorily performed through the termination date. 7. FORCE MAJEURE Neither party shall be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its reasonable control (financial difficulty shall not be considered a cause beyond a party's control), all of which causes herein are called "Force Majeure", including, but without being limited to, strikes, lockouts, or other industrial disturbances; fires; unusual climatic conditions; acts of God; acts of a public enemy; or inability to obtain transportation or necessary materials in the open market. The party unable to perform as a result of force majeure promptly shall notify the other of the begiIUling and ending of each such period, and County shall compensate Consultant at the rates set forth herein, for the services performed by Consultant hereunder, up to the date of the beginning of such period. If any period of force majeure continues for thirty (30) days or more, either party shall have the right to terminate this Agreement upon ten (10) days prior written notice to the other party. 8. ASSIGNMENT The County and Consultant each binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and permitted assigns of such other party, in respect to all covenants of this Agreement; and, neither the County nor the Consultant will assign or transfer its rights and obligations in this Agreement without the written consent of the other. Nothing herein shall be construed as creating -3- '-' ...,¡ any personal liability on the part of any officer or agent of any public body which may be a party hereto. The Consultant agrees that the persons named in the scope of work shall provide services as described therein. The services of the person(s) so named are a substantial inducement and material consideration for this Agreement. In the event such persons can no longer provide the services required by this Agreement, the Consultant shall immediately notify the County in writing and the County may elect to terminate this Agreement without any liability to the Consultant for unfinished work product. The County may elect to compensate the Consultant for unfinished work product, provided it is in a form that is sufficiently documented and organized to provide for subsequent utilization in completion of the work product. 9. SUBCONSULT ANTS AND SUBCONTRACTORS In the event the Consultant requires the services of any subconsultant, subcontractor or professional associate in connection with the services to be provided under this Agreement, Consultant shall secure the written approval of County Project Manager before engaging such subconsultant, subcontractor or professional associate. The County hereby approves the Consultant's use of the following subconsultants pursuant to this Agreement A. Breedlove, Dennis & Associates, Inc. B. Carter & Burgess, Inc. e. Ellerbe Becket, Inc. D. Economic Research Associates E. Nova Southeastern University - Institute of Government and Public Policy F. Pierce, Goodwin, Alexander & Linville G. Research Facilities Design H. The Rubin Group 10. AUDIT The Consultant agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Consultant involving transactions related to this Agreement. The Consultant agrees that payment(s) made under this Agreement shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Agreement. The Consultant shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. -4- ~ ....,,¡ 11. PUBLIC RECORDS The Consultant shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Consultant in conjunction with this Agreement. 12. INSURANCE The Consultant shall procure and maintain during the life of this Agreement insurance of the types and subject to the limits set forth below. The Consultant shall also provide the County with evidence of this insurance in the form of Certificates of Insurance which shall be subject to the County's approval for adequacy. The County shall be an Additional Insured on policies of Commercial General Liability, and Commercial Auto Liability with respect to all claims arising out of the work performed under this Agreement. The County shall be given thirty (30) days prior written notice of any material changes or cancellations of the policies. If sub-contractors are used by the Consultant, it shall be the responsibility of the Consultant to ensure that all its sub- contractors comply with all the insurance requirements contained herein relating to such sub- contractors. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: A. WORKERS' COMPENSATION The Consultant shall provide and maintain during the life of this Agreement, at his, its or their own expense, Workers' Compensation insurance coverage to apply for all employees for Florida statutory limits. Coverage B, Employers Liability, shall be written for a minimum liability at $100,000.00 per occurrence. B. COMMERCIAL GENERAL LIABILITY The Consultant shall provide and maintain during the life of this Agreement, at his, its or their own expense, Commercial General Liability insurance on an occurrence basis for a minimum combined single limit of $500,000.00 per occurrence, for claims of bodily injury including death, property damage and personal injury. Contractual Liability coverage shall be included. C. COMMERCIAL AUTO LIABILITY The Consultant shall provide and maintain during the life of this Agreement, at his, its or their own expense, Business Commercial Auto Liability for claims of bodily injury and property damage for minimum limits of $100,000.00 combined single limit. -5- '-' ..., r D. PROFESSIONAL LIABILITY The Consultant shall provide and maintain during the life of this Agreement, at his, its or their own expense, Professional Liability insurance on an occurrence basis for a minimum of $1,000,000.00 E. OTHER INSURANCE PROVISIONS The General Liability and Auto Liability policies shall contain or be endorsed to contain, the following provisions: 1. The County, its Officers, Officials, Employees, Agents, and Volunteers are to be covered as additional insureds for any and all liability arising out of the Consultant's performance of this Agreement, or out of automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on scope of protection offered to the County, its Officers, Officials, Employee, Agents and Volunteers. 2. The Consultant's insurance coverage shall be primary insurance as respects the County, its Officers, Officials, Employees, Agents and Volunteers for Consultant's activities. Any insurance or self-insurance maintained by the County, its Officers, Officials, Employees, Agents, or Volunteers shall be in excess of the Consultant's insurance and shall not contribute with it. 3. Any failure to comply with the reporting provisions of the policy shall not effect coverage provided to the County, its Officers, Officials, Employees, Agents, or Volunteers. 4. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of insurer's liability. 13. INDEMNIFICATION The Consultant covenants and agrees at all times to save, hold, and keep harmless the County, its Officials, Employees, and Agents, and indemnify the County, its Officials, Employees, and Agents, against any and all claims, demands, penalties, judgements, court costs, reasonable attorney's fees, and liability of every kind and nature whatsoever to the extent arising out of or in any way connected or arising out of the Consultant's performance of this Agreement. Only those matters which are determined by a final, nonappealable judgment to be the result of the negligence of the County or the negligence of a third party who is not an agent, employee, invitee, or subcontractor of the Consultant shall be excluded from the Consultant's duty to indemnify the County, but only to the extent of negligence of the County or such third party. The Consultant hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification herein provided. -6- \.¡ '..I 14. PROHIBITION AGAINST CONTINGENT FEES The Consultant warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Agreement. 15. ATTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Agreement or in the event of any action by any party to this Agreement to judicially interpret or enforce this Agreement or any provision hereof, or in any dispute arising in any manner from this Agreement, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. 16. NON DISCRIMINATION The Consultant covenants and agrees that the Consultant shall not discriminate against any employee or applicant for employment to be employed in the performance of the Agreement with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 17. VERIFICATION OF EMPLOYMENT STATUS The Consultant agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of this Agreement. 18. NOTICE All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: -7- '-' ...., As to County: With a copy to: St. Lucie County Administrator Administration Annex 2300 Virginia A venue Ft. Pierce, FL 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 As to the Consultant: EDSA. 1512 E. Broward Blvd. Suite 110 Fort Lauderdale, FL 33301 West Palm Beach, FL 33409 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. 19. COMPLIANCE WITH LAWS The Consultant, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the perfonnance of this Agreement. The County undertakes no duty to ensure such compliance, but will attempt to advise Consultant, upon request, as to any such laws of which it has present knowledge. 20. TRUTH-IN-NEGOTIATION CERTIFICATE Execution of this Agreement by Consultant shall act as the execution of as truth-in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete and current at the time of execution of the Agreement. The original Agreement rates and any additions thereto shall be adjusted to exclude any significant sums by which County determines the Agreement rate(s) was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such rate adjustments shall be made within one year following the end of this Agreement. 21. NON-WAIVER The rights of the parties under this Agreement shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. -8- '-' ...." 22. CONFLICT OF INTEREST The Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311. The Consultant further represents that no person having any interest shall be employed for said performance. The Consultant shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business associaåon, interest or other circumstance which may influence or appear to influence the Consultant's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Consultant may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Consultant. The County agrees to notify the Consultant of its opinion by certified mail within thirty (30) days of receipt of notification by the Consultant. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Consultant, the County shall so state in the notification and the Consultant shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Consultant under the terms of this Agreement 23. LITIGATION SERVICES It is understood and agreed that the Consultant's services under this Agreement do not include any participation, whatsoever, in any litigation. Should such services be required, a supplemental agreement may be negotiated between the County and the Consultant describing the services desired and providing a basis for compensation to the Consultant. 24. MEDIATION In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 25. INTERPRETATION; VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties -9- '-' 'wi with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for 5t. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: EDSA BY: NAME: TITLE: g:\atty\agreemnt\comract\edsa. wpd -10- , ' , \w' ....., E D S A 1512 E. Broward Blvd.. Suite 110, Fort Lauderdale, FL 33301 (,{ 954.524.3330 fax 954.524.0177 btrijing baltimarp. fort WUdn-diliJ! [ar illig''''' orlttndo February 14, 2005 EXHIBIT "A" Mr. Larry Daum Tourism and Economic Development Manager St. Lucie County Growth Management Department 2300 Virginia Avenue Fort Pierce, Florida 34982 Re: ST. LUCIE COUNTY RESEARCH.A."ID EDUCATION PARK DEVELOPMENT OF PARK MASTER PLAJ.'l - RFP#05-001 Dear Larry: We hope this proposal will addresses the concerns of the County based on our recent discussions, Again, we thank you very much for selecting EDSA to assist St. Lucie County in the development of a Research and Education Park, The following proposal will define our initial scope of work and professional services fees and costs to be incurred during the effort. We look fOIWard to working together. As we understand our first effort will involve listening and fully understanding the needs of the County. Next, we will review the upcoming Comprehensive Plan Amendment as it relates to the Research Park. Then, we will provide a plan for presentation to UF Board of Governors to assist \vith establishing the Research and Education Park Authority. Finally, based on the RFP response, our initial effort will culminate with a master plan, character sketches and master plan report in the spring of 2005. We do know that there are several milestones that are important to the success of the project and EDSA is committed to reaching them quickly. Given the recently indicated budget and time constraints, the spring 2005 master plan should be viewed as a first step in the planning efforts referenced in the EDSA RFP response, and the planning efforts not completed during this step should be incorporated into continuing planning authorized by the St. Lucie County Research and Education Park Authority, This can be completed in the form of master plan updates as the master plan parcels in the Research and Education Park are identified for prospective lessees. At EDSA we believe in seeing every project through to its ultimate completion and success. We truly believe we have a vested interest in the future of St. Lucie County. This team ""ill act as partners with St. Lucie County to undertake the master planning efforts. Further we will be available to undertake subsequent master plan updates, detail design and construction administration for future Research and Education Park projects. In this initial planning task we '-" ST. LUCIE COU?-;1Y RESEARCH At"iD EDUCATION PARK February 14, 2005 Page 2 of 6 ..., will rely on St. Lucie County staff to provide accurate base data, site background infonnation, advertise for public meetings and revisions to better infonn stakeholder concerns. We hope to play an important role in these efforts and we are committed to being flexible and available to work with the County, .As requested, we have provided an approach, scope of services and design fees for the spring 2005 master plan. APPROACH As land planners we are committed to the long-tenn welfare of the communities we design, the environments in which we work and to the success of our clients. Our involvement in projects like yours is long term, and we are not only interested in the planning of the project, but also in the design implementation. Our design approach will be a two step process. In the initial planning effort of Step A, we will visit the site and review the potential for development. Then in Step B will provide exhibits to address the entitlements and submittals for development and agency approvals at a later date. We believe the process will be as follows: Step A: Our team will focus on the basic services for establishing the Park Authority and setting the direction of the project. This will include participating in one stakeholder workshop; establishing guiding principles, reviewing entitlements, transportation impacts, emironmental regulations, providing zoning options and graphic land use master plan documents for presentations. These work products will focus on creating the framework for future development. This will be an intensive process and much of the work will be completed in the workshop format. The workshop planning process will give the County and other stakeholders the opportunity to give input to the project. A second review meeting will be held to update the process after the workshop. This effort will establish the direction and character of the project. It would be our intent to satisfy the RFP requirements and provide the initial documents to get the project moving forward. Step B: In this step, we will build on the initial effort and provide more detail for specific development requirements. Depending on the Needs Assessment findings EDSA, will provide more detailed planning for each prospective Research and Education Park development. This planning will be based on programming identified by the end user. Also, in this step we will provide conceptual architectural plans, conceptual elevations, engineering alternatives and development guidelines. The scope and fees for Step B will be determined at a later date. GENERAL NOTES ON THE PLANNING WORKSHOP We will bring with us all of the appropriate drafting supplies and instruments. We would also request that a conference area is available for drawing. During the visit, it is important for some time to be set aside for visits to any comparable projects that will assist the Team in understanding the local competitive environment. We see the schedule as follows: EDSA ""ill begin the process by collecting data provided by the county and preparing base maps in advance of the workshop. The team would then arrive the afternoon before the workshop to conduct a kick-off meeting to confirm the program assignments, review of workshop agenda and set goals. '-' ST. LUCIE COUNTY RESEARCH k'iD EDUCATION PARK February 14, 2005 Page 3 of 6 -...I Day One Welcome stakeholders, County staff and EDSA team members. Provide workshop participantB with orientation and sU!ìley materials. Begin studio work and updates on any analysis work in progress by team members in the morning. We will report to you on the analysis of development conditions and any program refinements. Begin to develop guiding Principles and Vision. Day Two We would begin studio work early to further develop alternative diagrams and sections showing special land use relationships and design character. Then we would meet with the Team to review alternative diagrams and develop a consensus on the preferred approach. We would refine all drawings and review them with the Stakeholders and County staff. Finally we would determine the Post-Workshop tasks, Departure that evening We propose that the County will host the workshop, advertise the workshop and provide refreshmentB for workshop participants. DELIVERABLES The following deliverables will be presented for review and discussion. Our team will pro"ide written, graphic and verbal reportB to express the Master Plan ideas in digital and hand drawn fonnat. We look forward to assisting St. Lucie County in developing a master plan process. This proposal assumes that St. Lucie County will: identify and invite the Stakeholders who will be attending the workshops; host the workshops and provide staff support for building and equipment operations, meals and refreshments; provide to the EDSA Team members GIS or other readily available base data from St. Lucie County or other governmental data related to or required by these Master Planning efforts; and, provide to the EDSA Team a means for ongoing communications with stakeholders (names, organization affiliations, addresses, phone numbers, f;LX numbers, email addresses, a web site to post work efforts and receive community comments, etc.). Phase One - Vision (2 day Public Workshop) Pre-Workshop (to be presented at wO'rkshop) 1. A position paper entitled "State of the Practice Opportunities for the St. Lucie County Research and Education Park" to be authored for publication by Dr. Jack Pinkowski 2. Collect from County staff regional and local maps to identify surrounding land uses and development opportunities 3. Review the readily available base information and produce base maps 4. Conduct an initial site visit and reconnaissance (afternoon before workshop) 5. Pro"ide (2) graphic image boards of the character of research and education parks 6. Review Needs Assessment Report impacts on the site 7. Re\iew and comment on proposed Comprehensive Plan Amendment related to site '-" ST. LUCIE COUNTY RESEARCH i\l'-'D EDGCATION PARK February 14, 2005 Page 40f6 ..." Workshop 1. Welcome, project orientation and white paper presentation. 2. Workshop-based stakeholder surveys (at the beginning of and towards the end of the workshop) and report on stakeholder needs, goals, and objectives 3. Develop preliminary ideas of complementary and synergistic land uses and design strategies. 4, Review options for preliminary land use program elements 5. Develop Visioning Guiding Principles 6. Engage Stakeholders in project goals, objectives, land use opportunities and design strategies. Phase Two - Analysis (To be completed duri~ Workshop) The Analysis phase will be completed based on readily available data provided by St. Lucie County. Any additional data collection that is not available will be conducted at another time. This analysis phase will quantify and identifY the maJor influences to bear on development. Our team will prepare the analysis review in our offices for presentation at the workshop. 1. Understand land use restrictions, jurisdictional requirements and entitlements 2. Review site pennitting implication for DR! status and concurrency review 3. Analyze existing site info provided by the County related to boundary, topographical, wetland, geo-technical surveys, aerial photos and ta.x maps ' 4. Review of Regional, Local Traffic, Interrrnodal/Multimodal and Circulation Access Issues 5. Review of Wildlife, Sensitive Vegetation, Hydrology, Environment and Wetland Issues 6. Review provided land use zoning applications on site provided by the County 7. Conduct a Physical, Cultural and Visual Analysis (1) 30x42 Image Board 8. Review ofInfrastructure and Utility Issues 9. Public Financing Opportunities Review and Governmental Feasibility Analysis Report 10. Opportunities and Constraints Analysis (1) 30x42 sheet - Scale TBD After the workshop the team will document the brainstonning ideas and begin to prepare the site analysis documents for concept development. Phase Three - Concepts The team will develop conceptual alternatives that best illustrate the desires of the master plan review committee. EDSA will then present these conceptual alternatives to the master plan review committee and other interested parties. The purpose of this review meeting is to select a preferred master plan concept. 1. Concept Site Plan Alternatives (not to exceed 3 plans). This will be an initial analysis of the development constraints. The plans will address the following information gathered in Phase One and Phase Two: o Review any revised vision and priorities of the project o Physical data of ecology and topography of the site and the adjacent land uses o Structures/utilities and site character, visual spaces and views o Access to and from the site, internal transportation opportunities and limitations o Entrance opportunities and the most ideal location for the main entry '-" ST. LUCIE COUNTI' RESEARCH k'\fD EDUCATION PARK February 14, 2005 Page 5 of6 ,.." o Impact of easements, zoning and other regulations o Site character and vegetation o Environmentally sensitive areas o Stann water management considerations o Diagrammatic site relationships of proposed uses 2. Provide Land Use Plan (1) 30x42 sheet (UF Board of Governors Document) 3. Concept Site Elevations and Site Sections (not exceed 5 sections) 4. Concept Site Character Sketches (2) Preliminary Sketches 5, Review County Provided Prototype Conceptual Building Floor Plan Alternatives 6. Review County Provided Prototype Lab Alternatives 7. Funding Opportunities Preview and Feasibility Analysis to evaluate likely governmental or other financial support Phase Four - Master Plan 1. Spring 2005 Master Plan (1) 30x42 sheet - Scale TBD 2. Master Plan Character Sketches (3) 30x42 sheets - Scale TBD 3. Spring 2005 Master Plan Report (1) 8.5xll report (not to exceed 50 pages) 4. (1) Presentation with County Staff to the St. Lucie County Commissioners We will assemble all of our final plans and written findings in a summary report, including an executive summary and appendices, if necessary. This report may be used to present plans to the public, permitting agencies and potential developers. We will provide ten color copies and an electronic file that may be used for additional reproductions. SCHEDULE Asterisks denote workshop meetings or County Staff review meetings. We understand that this schedule is proposed and subject to change. However, extension of the schedule for the tasks above or additional requested tasks will be subject to fee negotiation. The schedule for the above tasks would be as follows: TASK DESCRIPTION MONTH DURATION One Two Three (not to exceed 10 weeks) Phase One - Vision 1 week pre-workshop + 2 day workshop Phase Two - Analysis Same as Above St. Lucie County Review 2 week St. Lucie County Review Phase Three - Concepts St. Lucie County Review 2 weeks + review meeting 2 week St. Lucie County Review Phase Four - Master Plan 3 weeks + 1 week Staff Review '-' ST. LUCIE COUNTY RESEARCH AND EDUCATION PARK Febmary 14,2005 Page 6 of ò ""'" ONGOING PROJECT SUPPORT Though not specifically part of this proposal, we anticipate and hope that there will be an ongoing need for support by our team in the following areas: Master Plan Updates, Land Planning Services, Architecture and Landscape Architecture Services, Engineering Services, Construction Administration, Graphic Design Services, Project Management, Developer Solicitation and Negotiation, Economic Research and Marketing. FEES FOR SERVICES OUTLINED EDSA would suggest a lump sum fee of $87,200 for the services outlined above. The fees above do not include reimbursable expenses, which will be billed in accordance to the attached General Terms and Conditions that are part of this proposal. For your budgetary purposes, we estimate our reimbursable expenses not to exceed $4,000. If this meets with your approval, please sign a copy for our records. This will serve as our authorization to proceed. PAYMENT SCHEDULE Payment #1 Payment #2 Payment #3 Workshop Concepts Master Plan $30,000 April 15 (Workshop-Phase 1 and 2) $30,000 iV1ay 16 (Completion of Phase 3) $27,200 June 15 (Completion of Phase 4) If modifications to this proposal are needed please let us know. We very much look forward to the opportunity to work together on this exciting project. Best personal regards, ray, ASLA esident APPROVED and ACCEPTED on this day of ,2005. Name Authorized Signature for St. Lucie County Title Attachments: General Terms and Conditions Cc: Joseph]. Lalli, FASLA File G:\Projects':JL'lSt. Lucie County Research and Education ParkV\.dministration\Contract\proposa!\PR_St. Lucie R-E Park3_021105.doc '-' ,..., EDSA 1512 E. Broward Blvd., Su ite l!D, Fort Lauderdale, FL 33301 tel 954.524.3330 Jàx 954.524.0Iïï &eijinf{ bHellO,'i aire.~' fart lawMdak ws ange"'\ GENERAL TERMS AND CONDITIONS 1. The General Terms and Conditions outJined below are part of the attached letter agreement and are hereby incorporated by reference. If EDSA does not receive a response to the letter agreement .....ithin ninety (90) days, the fees for the design services will be subject to change. Please read these General Terms and Conditions carefully. Your acceptance of this agreement constitutes your acceptance of the foregoing terms arld conditions. 2. The Owner shall provide EDSA with development program information regarding the requirements and objectives for the Project. Additionally, EDSA shall be entiùed to rely upon the accuracy and completeness of any information. reports and/or site surveys/base information supplied by the Owner or by others authorized by Owner. 3. In addition to professional fees outlined in the attached letter agreement, the Owner shall pay all out-of-pocket expenses which are defined as actual expenditures made by EDSA, their employees, and/or professional consultants in the interest of the project and include, but are not limited to, the following expenses: a. Air Travel, including departure ta.xes (Business Class for flights over six [6] hours) and related airline/agency fees b. Hotel accommodations c. Meals d. Ground transportation, Le., rental cars and taxis e. Postage. freight, telephone. facsimile, overnight express mail and courier services f. Blueprinting, photocopying, reproductions and printing g. Photographic supplies and processing h. Study model materials i. Special renderings, models, photographs and special consultants, when authorized by Owner The above listed items will be billed at the actual cost incurred plus a 10% Administrative Fee. 4. EDSA will provide electronic transfer media of related materials for the project if available and as requested by the Owner or authorized agent for the following costs: 3-1/2" DSHD Diskette CD-ROM ZIP® Disk Fee: Fee: Fee: $ 1.00 $15.00 $18.00 - $22.00 If additional special dra,~ing modifications are requested. Le., special blocks, drawings, setting up special layering for files, etc., the associated time will be billed at cost plus 10%. Prior to the preparation of transfer media, both parties will agree upon ùle special modifications. Owner's Initials _ '-' General Terms and Conditions Page 2 of 3 """" 5. EDSA will provide reproducible media of project related materials as available and as requested by the Owner or authorized agent for the following fees: Media REPRODUCIBLE VELLUM aCE BOND GLOSSY COATED PAPER COATED ACETATE COATED MYL-\R Monochrome Fee: $0.70 per Sq. Ft. Fee: $0.25 per Sq. Ft. Fee: $1.00 per Sq. Ft. Fee: $1.00 per Sq. Ft. Fee: $1. 75 per Sq, Ft. Color Fee: $1.50 per Sq. Ft. N/A Fee: $1.75 per Sq. Ft. Fee: $1.75 per Sq. Ft. Fee: $2.50 per Sq. Ft. 6. Owner acknowledges that the information and data delivered to Owner in machine-readable copies of the documents may vary from that contained on paper copies of the documents. Variances may be due to the use of different software, hardware, or output devices by Owner or others from those used by EDSA for original preparation and printing of the documents. Variances may also be the result of undocumented changes or modifications made to the machine-readable documents, whether inadvertently or otherwise and whether made by Owner or others. EDSA, therefore, reserves the right to retain the machine-readable media upon which the documents were originally prepared, and to retain paper or reproducible documentation delivered to Owner in machine-readable form, that shall govern in the event of any inconsistency or discrepancy between the two. EDSA also reserves the right to remove from machine-readable copies provided to Owner, all identification reflecting the involvement of EDSA in their preparation. Owner acknowledges that the automated conversion of documents from the system or format employed by EDSA to that of Owner or others cannot be accomplished without the introduction of inexactitude, abnormalities, and errors. In the event documents provided to Owner in machine-readable form are so converted, Owner agrees to assume all risks associated therewith and, to the fullest extent permitted by law, to hold harmless and indemnity EDSA and EDSA's professional associates and consultants from and against all arising claims, liabilities, losses, and expenses including attorney fees. 7. All fees and reimbursable expenses will be invoiced monthly and shall be payable in net U.S. Dollars drawn upon a U.S. Bank unless othelWÍse stated in this letter agreement. The Owner understands and acknowledges that these fees are net of any non-U.S. taxes and/or tariffs. 8. In the event the Owner should use a foreign bank as its payment bank, the Owner shall wire the funds in U.S. Dollars, net of any transaction fees, to EDSA's local bank using the following information: BANK: ABA No: SV.1Ff No: CREDIT: ACCOUNT No: FURTHER CREDIT To: ACCOUNT No: MELLON BA."IK, PITTSBURGH, PA 043000261 MELN US 3P MERRILL LYNCH 101-1730 EDWARD D. STONE,jR. & AsSOCIATES, I>ic. 75007M54 Master Planning Services St. Lucie County Research and Education Park Owner's initials '-' General Terms and Conditions Page 3 of 3 ...",¡ 9. All invoices are payable upon receipt. In the event payment is not received within thirty (30) days of invoice date, the past due balance will be assessed an interest penalty of one and one-half percent (1 14%) per month. In the event EDSA does not receive payment within sixty (60) days, EDSA will stop work on the project until payment is received. Stoppage of work by EDSA due to non-payment of invoices beyond sixty (60) days will not be deemed as a default under the terms of this letter agreement An additional fee may be required to stop and restart work due to nonpayment. 10. The Owner agrees that this letter agreement shall be interpreted according to the laws of the state where the contracting EDSA office is located, and agrees to reimburse EDSA for reasonable attorney's fees, court costs, and all expenses including without limitation, all such fees, costs, and expenses incidental to arbitration, appeals, and post judgment proceedings that it may expend in enforcing this letter agreement. In the event of any such dispute, Owner agrees that the court venue will be located in Broward County, Florida. 11. Signature of this letter agreement will signify the Owner's acceptance of all the Terms and Conditions outlined herein. Accordingly, the Owner warrants that the necessary funds are available to pay EDSA for the services and expenses outlined in this letter agreement and that these funds are not encumbered nor contingent upon subsequent approvals, permits or financing commitments. 12. This letter agreement will be valid for the duration of the project. However, after ninety (90) days from the date of its issuance and with written notification, fees and conditions will be subject to change. Owner's initials ....... ..." : . RESOLUTION NO. 05-057 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY ESTABLISHING TRAVEL. REIMBURSEMENT RATES FOR MEALS AND MILEAGE: PROVIDING FOR APPLICABILITY: AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners has made the following determinations: 1. Section 112.061, Florida Statutes, establishes per diem and travel expenses reimbursement rates for public officers, employees and authorized persons. 2. Section 2, Chapter 2002-125, Laws of Florida, amended Section 112.061, Florida Statutes, to authorize the governing body of a county to establish travel reimbursement rates that exceed those rates set forth in Section 112.061. 3. This Board has determined that it is necessary and in the best interest of the County to provide for an increase in the reimbursement rates for meaJs and mileage. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of St. Lucie County, Florida, as follows: A. As used herein, ·County traveler" shall mean officers and employees of the Board of County Commissioners, St. Lucie County, Florida. and shall also include authorized travel by: 1. A person other than a public officer or employee who is authorized by the County Administrator or his designee to incur travel expenses in the performance of official duties for St. Lucie County. 2. A person called upon by the County to contribute time and services as a consultant or advisor, whether retained or as a volunteer. 3. A person who is a candidate for an executive or professional position for whom reimbursement is prior approved by the County Administrator. B. County travelers shall be allowed the following amounts for subsistence while on Class C travel on official business as provided in Section 112.061(5)(b), 'w ....,¡ g: \atty \resoltn \2005 \05-057.wpd 10/14/2004 16:08 FAX \.of AMES AND GOUGH ..., IlI002 CERTIFICATE OF INSURANCE-- !ARCl-ll·l'!:.Cl'S/ENGlN.I:iliRS PROFESSIONALUABILlTY ARCHITECTSÆNGINEERS PROFESSIONAL ¡ I1ABIUIY POUCY ¡ COI\lïINENTAL CASUALTY COMPANY Certificate Holder: FOR PROPOSAL ONLY As set forth below. the named insured has in force, on the date indicated, a policy of professional liability insurance issued by Continental Casual~ Company, wjth a Hmit of liability of not less than the amount indicated. Name of Insured: EDW ARD D. STONE, JR. AND ASSOCIATES, INC. Address of Insured: 1512 E. BROWARD BOULEVARD, SUITE 110 FORT J,..uJÐRRDAU~, Fl. 3330J Policy Number: AEA Z7~'15-SS-3J This certificate is issued asa matter of information only and confers DO rights upon the holder. By its issuance. it does Dot alter. change. modify or extend the provisions of said policy and does not waive any rights thereunder. Policy Period: 'JI7/:J004 TO 917/1,005 Limit of liability - Per Oaim: ;2,000,000.00 limit of liability - Annual Aggregate: $3,000,000.00 #11206 Ames & Gough,lnc. I Pine Hilt Drive. Suite 105 QuinCY.~02169~ 'In /L.(.... .! MamWIJ est October 14, 2004 -, \' '-' -.J FIRST AMENDMENT TO MARCH 15, 2005 CONSULTANT AGREEMENT BETWEEN ST. LUCIE COUNTY AND EDSA THIS FIRST AMENDMENT, is made and entered into this day of , 2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and EDSA or his, its or their successors, executors, administrators, and assigns (the "Consultant"). WHEREAS, on March 15, 2005 the parties entered into a consultant agreement to develop a Master Plan for the St. Lucie County Research and Education Park; and, WHEREAS, the parties desire to amend the Agreement to extend the time of performance. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 4. TIME OF PERFORMANCE shall be amended to read as follows: 4. TIME OF PERFORMANCE The Consultant agrees to begin work promptly after receipt of a fully executed copy of this Agreement and complete all work hereunder on or before November 30, 2005. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: ATTEST: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS 1 -- , ~. I WITNESSES: '-"' ..,J EDSA BY: COUNTY ATTORNEY Authorized Representative Print Name: Title: 2 ~ ....., Agenda Request Item Number: c..- 5" Ô Meeting Date: l\.Ik:...-ct1 h, 2CO ,- Consent Regular Public Hearing Leg. [ ] [)ç] [ ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Tourism & Economic Development Presented By ~~~L Growth Management Director SUBJECT: Approval to contract with EDSA for the Research and Education Park Master Plan. The amount of the contract is $91,200. BACKGROUND: See attached EDSA proposal and County contract. The Master Plan is the next step in the Research and Education Park now that the Needs Assessment is complete. In December 2004, we placed an RFP-05-011 for qualifications for a Master Planner. EDSA was selected and now the negotiations have been completed. FUNDS AVAILABLE: 666-1515-531000-100 (St. Lucie County Economic Development Trust Fund). PREVIOUS ACTION: On February 15, 2005, the Board of County Commission approved the request to enter into negotiations with EDSA and to bring back the contract for Board approval. RECOMMENDATION: Staff rec'ommends approval 10 the contracl with EDSA for a total amount of $91,200 and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: D APPROVED D OTHER CONCURRENCE: D DENIED Douglas M. Anderson County Administrator County Attorney Finance.: Environ. Resources; Jr Coordination! Signatures Mgt. & BUdget:þ~ Fire Dept: Utility: Purchasing: Public Works: Other: ¿~ \,' ~ ...." St. LuCie Counly INTERNATIONAL A '00 Ró.".,·:mtiii4i'ti$W'Mt'&'$£\·:·:::···:;r···:::. .-...."'. ....,-_._,....... ..........,.. .....".,...-.... AGENDA REQUEST ITEM NO.C-8 DATE: September 20, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COJ\1MISSIONERS PRESENTED BY: SUBMITTED BY: Airport Diana Lewis SUBJECT: Award Bid 05-067 to Florida Industrial Electric (FŒ) for Runway 9/27 Airfield Lighting Upgrade BACKGROUND: Bid # 05-067 is for the rehabilitation of the existing quartz fixtures on Runway 9/27 and replacement of the runway direct burial electrical circuits. Bid # 05-067 was opened on June 22,2005. Florida Industrial Electric, Inc., was the only bid received in the amount of $248,114.25, which was approximately $25,000 lower than the engineer's estimate, F ederal Aviation Administration (FAA) will fund 95% of the project in the amount of$235,708.54 and with matching funds of$12,405.71, the project costs total $248,114.25. FUNDS AVAILABLE IN ACCT#: Funds are available in account improvements other than buildings (140131-4220-563000-48012), PREVIOUS ACTION: August 2005 BOCC accepted FAA grant. RECOMMENDATION: Staff recommends that the Board of County Commissioners award Bid 05-067 to Florida Industrial Electric, Inc. in the amount of $248, 114.25 for the rehabilitation of airfield lighting on Runway 9/27 at the St. Lucie County International Airport. COJ\1MISSION ACTION: Approved 5-0 CONCURRENCE: d m~purChaSing Other: ~APPROVED [ ]DENIED [ ]OTHER: Reviews & Approvals ()-t/ D ß County Attorn~ ~ OMB f.. w Originating Dept: ~ ,¿.~.9ther: Finance:(Check for Copy only, if applicable) \- '-" ...., St. Lucie County I~TERNATIONAL . AIR , ··ðh··.·fjl'Qi1:f:#f!\$··.l"f'ª¡,.¡$Wg¡¡¡¡···çþ?$'f···.····..······.... MEMORANDUM DATE: September 8, 2005 TO: Board of County Commissioners FROM: Diana Lewis SUBJECT: Award Bid #05-067 to FIE for Runway 9/27 Lighting Rehab - Agenda 9/20/2005 In 2002, the airport received a $500,000 Federal Aviation Administration (FAA) grant for the installation of airfield signage. Once the signage was installed it became apparent that the existing direct burial runway and taxiway electrical wiring could not sustain the new electrical loads, making the existing electrical circuits unreliable, Since the existing runway and taxiway lighting circuitry is 20 years old, the engineers recommended that the existing wiring be replaced in conduit. Since limited funds were available, the electrical rehabilitation of Runway 9-27 was to be awarded when grant funds become available. The FAA is funding 95% of this project in the amount of$235, 708.54, and with the 5% matching funds in the amount of$12,405.71, the project totals $248,114.25. Staff recommends that the Board of County Commissioners award Bid 05-067 to Florida Industrial Electric, Inc., in the amount of$248, 114.25 for the rehabilitation of airfield lighting on Runway 9/27 at the St. Lucie County International Airport. Funds are available in account improvements other than buildings (140131-4220-563000-48012), "" ) ~ BOARD OF COUNTY COMMISSIONERS ..." PURCHASING DEPARTMENT ED PARKER, DIRECTOR TABULATION SHEET - BID #05-067 AIRFIELD LIGHTING UPGRADE FOR RUNWAY 9-27 AIRPORT OPENED: June 22, 2005 VENDOR BASE BID FLORIDA INDUSTRIAL ELECTRIC, INC. $ 248,114.25 AL TAMONTE SPRINGS, FL - FAX: 407-331-3623 NUMBER OF COMPANIES NOTIFIED": 1185 NUMBER OF BID DOCUMENTS DISTRIBUTED": 27 NUMBER OF BIDS RECEIVED: 1 . 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 (n2) 462-1700 - TDD (772) 462-1428 website: www.co.st-lucie.fLus '-' ,.." ITEM NO. . c.. - 9 ........'..".....',...,.!'!:.....""..'..,...,''."'.' .~"' ",'" .'.,';- :'C}~' _ . . , ... t· .... ---. DATE: Sept. 20. 2005 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) SUBMITTED BY (DEPT): UTILITIES DEPARTMENT PR4:~ P.M. Bowßrs Utility Director TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Staff requests approval of Change Order #1 with Ditchdiggers, Inc. for construction services related to the Seminole Utility Extension project in the amount of $51,573.34. FUNDS AVAILABLE: Funds available in 479-3600-563000-300 - Improvements other than buildings PREVIOUS ACTION: Board of County Commissioners approved Contract #C04-05-305 between Ditchdiggers, Inc. and S1. Lucie County in May 2004. RECOMMENDATION: Staff recommends that the Board approve Change Order #1 with Ditchdiggers, Inc. for construction services related to the Seminole Utility Extension project in the amount of $51,573.34. ...." 11 APPROVED o OTHER: o DENIED CONCURRENCE: tf?c~ ouglas Anderson County Administrator COMMISSION ACTION: Approved 5-0 ¡county Attorney: [i1:/ r( Originating Dept4-b Review and Approvals ¿Management and Budget: ~() V'YI/fYlJ)¡ c6urchasing:Y / 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 Sf. Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. '-' ..." UTILITY DEPARTMENT MEMORANDUM FROM: Board of County Commissioners P.M. Bowers, Utility Directo~ TO: DATE: September 20, 2005 RE: Seminole Utility Extension Project - Change Order #1 - Ditchdiggers, Inc. BACKGROUND: This Change Order #1 is for the extension loop to accommodate the relocation of the water interconnect with FPUA (master meter) on Rock Road north of SR-70. RECOMMENDATION: Staff recommends that the Board approve Change Order#1 with Ditchdiggers, Inc. for construction services related to the Seminole Utility Extension project in the amount of $51,573.34. · CHANGE ORDER ST. LUCIE COUNTY PROJECT: (name, address) '-' ..." CHANGE ORDER NUMBER: Seminole Utility Extension Okeechobee Road and Rock Rd Ft. Pierce, FI 34950 INITIATION DATE: CONSULTANT'S PROJECT NO.: TO (Contractor): Ditchdiggers, Inc 2108 Orange Ave Ft. Pierce, FI 34950 ST. LUCIE COUNTY CONTRACT NO: c-o"-l- 65- 365 CONTRACT DATE You are directed to make the following changes in this contract: (Additional sheet attached as Exhibit A - (Yes) No) 27-Jul-04 Extension loop to accomidate Master Meter 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 The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased or changed) by this Change Order The new (Contract Sum) (Guaranteed Maximum Cost) including this Change order will be The Contract Time will be (increased) (decreased) (unchanaed) by The Date of Substantial Completion as of the date of this Change Order therefore is: $ 87,653.00 $ $ 87,653.00 $ 51,573.34 $ 139,226.34 August-05 Funds Available: Account Number ;'¡7L1- 3Æd)- 5 d,~ /¡á')' :~oo The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and lime of performance caused directly and indireclly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: Approved: Masteller & Moler, Inc. Architect/Engineer 1655 27th Street, Suite 2, Vero Beach FL 32960 Address ~)ØjA'~~~ 'lk/or By ae ' I Agreed To: Ditchdiggers, Inc Contractor 5t. Lucie County Utilities St. Lucie County Department 2300 Virginia Avenue, FI. Pierce, FL 34982 Address By: P.M. Bowers, Utility Director Authorized 5t. Lucie County:2300 Virginia Ave., FI. Pierce, FL 34982 2108 Orange Ave, Ft. Pierce, FI 34950 A~~ ~ D~ Approved as to Form and Correctness: By 8/26/2005 Date County Attorney , . > . , '-' SEMINOLE ROAD CONNECTION COUNTY CHANGE ORDER DITCHDtGGERS.INC '# ITEM 1 12" Directions1Bora 2 12" 90 MJ 3 12'" GATE VALVE 4 12'" BELL RESTRAINTS 5 12" 45 6 12'" 11 1/4 BEND 7 12" PVC MEGA lUGS 8 12" PVC C900 9 BOND COST PER Mn<E BOWERS 10 SOD BKHIA 11 ASPHALT 12 10" FLANGE 13 12" MJ TEE 1412X10MJ 15 8 X. 10 FlANGE 16 10 Of MEGALUGS 17 10" DIP MEGALUGS 18 19 TOTAL .." UNfT OrY UNIT COST 110 IF $ 89,22 $ 4 EA $ 500.00 S 2 EA $ 1.200,24 $ 15 €A $ 149.83 $ 1 EA $ 500.00 $ 1 EAS 500.00 $ 19 €A $ 154.05 $ 613 LF $ 32,06 $ 'I EA $ 2.250,00 $ 1100 SY $t':,,;::$,~!r $ 28 SY 'S't·':t)·,t'l',;gì· $ 2 EAc$,.:ji"'r~' c<'"~,; $ 'I EA;,' $ 2 EA $ 2 €A $ 4 €A' $ 2 €A $ TOT.!\L 9,814.20 2,000.00 2/-00.48 2,247.45 500,00 500.00 2,926.95 19.e,s,2.78 2,:¿50,OO 3,E30.00 E01.48 , EOO.oo 550.00 150,00 2,~Oo.OO 400.00 250.00 $ 51,573.34 ·A]z<f,{ttft(/e(~ rI'~tnç Earl H. Masteller, ,OEE Fl PE 26 58 ,¡,qASTEllER & MOLER, INC. \wot AGENDA REQUEST ITEM NO. DATE: September 20, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] """'" 0,-10 TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Office of Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Interfund Loan from the General Fund (001) to the Lennard Rd. MSBU's in the MSBU Debt Service Fund (250) BACKGROUND: On June 6, 2000 the Board of County Commissioners adopted resolutions creating the Lennard Rd. 1 MSBU for roadway improvements, Lennard Rd. 2 MSBU for potable water improvements, and Lennard Rd. 3 MSBU for sanitary sewer improvements. In September of 2003, advances for the Lennard Rd. MSBU's were obtained from the MSBU term note with Bank of America in the total amount of $51 0,000. The completion dates for these projects were delayed due to permitting issues, thus changing the time frame on construction of these projects. At this point, the debt service for these advance.s is now due and staff is requesting an interfund loan from the General Fund in the amount of $540,00 to cover both the principal and interest payments. These projects are expected to proceed to the construction phase within the next six to twelve months and at that time permanent financing will be obtained to repay the General Fund using the current SBA rate plus 2%. FUNDS AVAILABLE: $540,000 Interfund Loan from the General Fund (001) to the Lennard Rd. MSBU's in the MSBU Debt Service Fund (250). PREVIOUS ACTION: April 12, 2005 - Previous action on these MSBU's includes advances from the MSBU term note with Bank of America in the total amount of$125,000 for assessment services being provided by Camp, Dresser, and McKee, Inc. These advances will not come due until April of 2006 and will be paid in full when these projects proceed to permanent financing in the construction phase. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve an Interfund Loan from the General Fund (001) to the Lennard Rd. MSBU's in the MSBU Debt Service Fund (250) in the amount of $540,000 to cover the debt service principal and interest payments to Bank of America. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [] DENIED [j OTHER: C10 Pulled prior to the meeting. ~ Ó Douglas M. Anderson County Administrator coordinationlSignatu~ , ....","'. ^ County Attorney:xx ~ Management & Budget:xx ~ubliC Works:xx~ . MSBU Coord. :xx Rp Other: . Finance: (Check for Copy only, if applicable) .-1-, G:\Budact\WP\AGENDA'S\AgcndaOS\9'20'OSLennardRdDcblService,doc ~ "" .", MEMORANDUM 05-110 OFFICE OF MANAGEMENT & BUDGET TO: FROM: Board of County Commissioners Marie Gouin, OMB Director SUBJECT: Interfund Loan from General Fund (001) to the Lennard Rd 1, 2, and 3 MSBU's in the MSBU Debt Service Fund (250). DATE: September 20, 2005 On June 6. 2000, the Board of County Commissioners adopted resolutions creating the Lennard Rd 1 MSBU for roadway improvements, Lennard Rd 2 MSBU for potable water improvements and Lennard Rd 3 for sanitary sewer improvements. In September of2003, advances for the Lennard Rd MSBU's were obtained from the MSBU term note with Bank of America in the total amount of $510,000. The completion dates for these projects were delayed due to permitting issues. At this point, the debt service for these advances is now due and staff is requesting an inter-fund loan from the General Fund in the amount of $540,000 to cover both the principal and interest payments. These projects are expected to proceed to construction phase within the next six to twelve months and at that time permanent financing will be obtained to repay the General Fund using the current SBA rate plus 2%. April 12, 2005 - Previous action on these MSBU's includes advances from the MSBU term note with Bank of America in the total amount of$125,000 for assessment services being provided by Camp, Dresser, and McKee, Inc. These advances will not come due until April of 2006 and will be paid in full when these projects proceed to permanent financing in the construction phase. Staff recommends that the Board of County Commissioners approve an Interfund Loan from the General Fund (001) to the Lennard Rd. MSBU's in the MSBU Debt Service Fund (250) in the amount of $540,000 to cover the debt service principal and interest payments to Bank of America. 'r ITEM NO. ... DATE: 9/20/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasinq Department Ed Parker. Purchasinq Director SUBJECT: Bid Waiver and Emergency Purchase of Water Pumps for Rock Road Jail. BACKGROUND: In accordance with Section 11.4 County Purchasing Manual, the Central Services Department declared the purchase of the water pumps an emergency. (See Attached Justification). Staff is requesting an "after the fact" approval from the Board of County Commissioners and payment to Gulfstream Pumps & Equipment Inc. for $25,490. FUNDS AVAILABLE: Account #107-1940-546100-100 -Building Maintenance REVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends that the Board approve the waiver of the bid process and Emergency Purchase of Water Pumps for Rock Road Jail to Gulfstream Pumps & Equipment Inc. for $25,490. COMMISSION ACTION: CONCURRENCE: DC! APPROVED [] DENIED [ ] OTHER: Approved (5-0) /2-- L..86ug Anderšõ11 ~ County Administrator County Attorney:(X) ~, Coordination/Sianatures M"'''d9''''I')~ Other: Purchasing Mgr.:(X) Other: 91 Originating Dept Finance: (Check for Copy only, if Applicable) - , " s·~, 15. ; . . .~)-~. , ~t!<'::-u- N 2005 12: 19 p~. S Lee en t r a 1 S e r vie e s ...,./ 7 2 2 6 p, 3 < ,. '( If . t .~1 JUSTIFICATION 'FOR· EMERGENCY PuaCHÁSEORDER 1. Vendor -t;~1-F-- . !;T\I"'~ 'i>ltI YÀ~ to ~w.,~~~~L Requisition # ~5S~l~, 2. The reason for this" emergency þu~chase order is: , Rock ioad Jail domestic water pumps. These pump áre uselUo provide the domestic water to the jail for toilets, showers and kitchen use. One oftbese pumps have failed leaving only one pump on line. The system uses two pumps, one as primary and the sècond as needed to keep up with demand, One of the pumps failed leaving us with only one pump. If the second pump should.fall we would be unable to provide water to the jail. r am requesting emergency purchase of two pumps to þrovide for backup. ff:.tf,. ~~='( I~"{ ~~C~~ a. De :E' nt DPV,uion ¿L. Aut or e S~gnature." ~fMt SlRal.hc.«r j)'4iTG/;n., T~tle Disapproved ¡þ~hs- te ; Sep:15, 200512:19ft 1~LCCentra1 Services'58 .¡ r'UllloWl,.í"rf..ë/'\l'/l r~ \..1,11.. 1I\1V. ü,)<f ";J£t. ;;¡:J 7226 p, 4 09/14/2005 15:2~L4 r.OO! ......... Pump. rç\lllllpm.1\1, In, September 14, 2005 Saint LUcie County Jail Attn: Clyde Ws ate þleas'ed 10 confirm Qur quota11on for an e(Bct replacement Aurora pump, senal number as ·01361: ' QUotatiQn T074ß3·HVAC " PUMP P·1 CONDITrONS: GPM 100@132TDH RPM '190 (1) Aurora Model 41 ,.. BF 4 x 8 x 18 B horfzantal spilt case double suction purnp, bare pump only 18.8 the motor, blø.~ and cOUpnng,' , , . PackIng , , TOTAL COST FOR (1) BAR! PUMP ONL V, FOB FACTORY, F=RE.IGHT ALLOWED ONE DESTINATION SOUTH FLO, IS: I 11.a8ø.DQ ,EACH (ELeveN THOUSAND TWO HUNDRED SI~TV . EIGHT' DOLLA~S) Plus Florida Sal.s Tax. ' estlmat&d Lllld-Umœ:4 to 6 week, after placing thlil order 10 the factory. Nott.; (1 J When ptaclng en order p..... chick the puntp ratallDn aheet and falC It Þlotc. Original pLlmJlI.I8ft hsnd rvtlltlon, ' . , . . ~ If yoo have any, queetionlS, please call. Gulfetrearn ~mÞ & Eq~ipme~~,,~~c:, 4'J~ Ruben G zalo2: . Mtløh.nICl*1 ~qulpm.n1. Sill.. and Senllall M*llln,,: P,O. 8~ 14&"3, Ft, LlludlllrålO. FL 33302 f 8hlpplni: 1301A aw 1 Av.nue, Ft. Lllllderdale, FL SS31!! Teleptlant (9IS4J522.T9C5 I FaoelmlW (as.) /J2¡.að88 'IiAMI1fIII ~'~II qJGIJ Vo\III NIII 111111'/ MIa.PlIlJMø.oli IIGICÀ'IB ABrW· JIQ Þ!:V'TICNI .' /111\\:11 O\lOfiiD 00 NOIIN':\.UOUIW ~~ C'II1'\I\'IMr "'"' *eJG:lllQII, IMOAA ~AJU'IIIOIII\"IOFIII_1II1 W11J.1I_IfM~ 'l'lWRJCII!PMIllIItr ~ AU. Pl;gUD'llIlUllm1 fllIIQlffAL_'1R\1UAlII IIIIICIINi.iuw::r 10 _~WI!ImIIT NO'IICE"" AIL 011l8U/II!IIJ, 1IIGFIIDM',UOII ImCIRCQTA'!1OI4MiIUl./!C! IOF1IW.AÞCI!PTAHOII r/ 111lrMN~1III"'TII1 ,*IIIJIV ~'\'1tOI'1' ANl'OiWIIAEll.L1IIQ r'i\CIoI 'IIIIII_,,11GIf"-_'I1:I u_ce An_.1H lli'oø:T II"ITIIII ClllII11MfT"AIII' 0IIœII1OII 'MI~D.II(IIMIIO IN JlJU go IIIIWITCN'"S ~D"*1. IHW. ~Ol'l H.\ Tl!.RIII ~D OCINIIITIÇIØ 0' '!HI 'Ç/IOW"IIü.INIIOICII Q hWI I!HIn ~ i~IM!I/1'W OOOØG No_we ON ~_ __1'\1 PI/II1Ntt~!ST A' A MTIIII' UIo MI:III!11I.VOllII.I PAIUU!W>'OICIINID 1UAlQlN11CQ(.LIÇI1ON IIHOAT1'ORII!Y1æ1 I _\'lID ~R.1'O COUECr'A'lTllIIII' wmI ON WlntIM'lIIm. ! . aI "E' 'ED go .t "..~ Sep, 15, 20051L12:19P~ ,ISLC Centra1 Servìces:e:o . rftJm.UVLrQIP,CMm run..... t.1oI1 .. uw. .;¡.;", ",,)l.,(.. .JJUO ':\ 1 j , ø ~ Puml'" ~qulpm.nL \ 1 \ I Datal Facsimile Transmittal From: þt.~~·ÇbPUli~ Ports, seivlc:e & Ð<port 'extension 212 0911412005 15:07'".,,)J2,6.()Jt 5 JeÇPMJltat SKtI¡aive/u ¡gill BULfl!fAM PUMP & EQUIPMENT me. ·~~Ol-A S,W. FIRST AVENUE fORT lAUDERDAl~ FL 33315 PHONE: (954) 5â..7905 . (305) 945-6371 . fl WATSt lBOO) 433-5043 FAX: (954) 522·9568 pz:o'j Best; CUSlt.oœa:r;'I JurgÞase O~4e~ tl Plaaøa indicate rBquire~ ~ota~ion !o~ all pump.. D"fSCHA'RGE PIJKP WOo " ~Ø\Jl'T\nN " , .' " 'DISCI\ATiG!:" . , !tiGHT KAN'P ROTA-TI07i \ \ " . ' .' flUUP NO. . ' . LtFr, flJJìD 1tOTA'nON , . M!'chan!cJ.1 Equlpmel'lt, Sales end S.rvlce Malllnlìl; P.O. SO( 141i43. Ft. l.a¡,Jden;I.le, FL 3330¡ I ShIpping: 1)Q1A S.W,. 1 A".nu.,. 1'1\. Lllutililrdale, FL 3:3315 Tøf~p\"f'nQ fQIII\d\ ."'.,. .,one I ........../-!,.... ,.,..... H ........... -"\...."",. t . cI H d.S~ dS'¡'=EO 90 . Sep.15, 2005 'i2:20P~! SLC Central Services. ,I I V,II.UUL.I \J,RL..l"lm r~ En., II~iJ. 0;;><1 -:JL!. ,,:)68 09/1512005 09:33~J~6.00{ 6 SElþt¡'mber 14, 2006 SaInt L.lJaie County JlIlI Quotation T074a~HVAC , Attn: Clyde We are pleased to confirm our quotatlDn for an exact replacement Aural'8 pump, serial .number 85· 01361: PUMP P·1 CONDITIONS: qÞM 500 @ 1ft TÞH A.ÞM 1160 (1) Aurora Model 411.. BF 4 x e x 18 B horlZCJntallpl1t case dQubla' suètlcn pump, with motor .nd coupling. The buIIla not Included, . Packing . Fie)! coup1lng$ · 25 HP 1200 RPM, 230/460 ""3160, ODP mator, 324 Tframe. . . TOTAL COST FOR (1) PUMP ONLYWrrH MOTOR FOB FACTORY, FREIGHT ALL.OWEO ONE DESTINATION SOUTH FLO. IS: I 'tI.202·DtEACH (FOURTEEN THOUSAND TWO f"/UNDR!D AND "TWO DOLLARS) Þlu. Florida Sal.. Tex. EøtJmab:ld I.e~d.tlrne: 4 to 6 we.lc" after pIecing the order to th$ factol')l, Not.e: (1) Whtn plaçlng an ordar pi.... cheek the pump rotation .hHt a"d fix It b~c:k, Ortgmal pump I, ''" lI.nll rotation. . '. If you ha.ve In)' questions, please call. ~~tI9.m ~urnP & ~~~~.nI. Ihe. ~.........-......". .. ,.....j , . R.uben GonZitlez \ M&ch"ICIIIlliqVlþlTJènt, Ia.'. Ind ",..,Ioe MsIUn;: P.O. Box 14ø..3, Ft. L.llOdtlrdsle. FL. 33302/8hIpplng: 1:sQ1A SW , AvenUlt, Ft. L.lludØrdllt. FI. 333HI ¡11.phDne (914) 152~rwl5/"aQ'lmlle (~4) 1122.80118 . . 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Wf\IIC¡¡ NIl HIIIIIIM'II A:l.IDWlNt tltPlmoT 01' IIGOIIII~ ~ 1IMIICIi"!'\~ _ TO ~AT _T .1 " IlAn ~ IJII IIICNtlf..T OHAU.'1oSI' IWfIItllGiCllAJI RÞ~..c;:;1I.mPI1WII AT70NœY I'eIa If II!IVlCrA IlllUØID '10 CIClL!C1 "',.., WlIÞIOR WRMII/I' 1Io'IT, t . d ".'0' SO s, ..s~ 2005 12: 19 P~,,- S L C Centra1 Services INTERNAL REQUISITION AUTHORIZATION :...; 2 2 6 P. 2 PAGE DEF'ARTMENT:c...e.y.....~\ ~~~<:::~ FUND; ~\:{"'\-\ ~'-I...~-Sl.\~ \\J.J"7~~ I'IEOUrSITION \2....- NUMBER ~~3. REQUISITION DATE DELIvER 1'0: REMARKS: VENDORS: '1 NUMBERS" S z.. '( ~~~:ESS QVo- ~~o.~ ? NAME ADDR!!.!S N.UMBEFI NAME ~3 , . APDRESS . VENeOR H3 . UNIT PRICE ., .il~~ " ,~'-\.l\-.\~'F"~'-t\l.D'<. \If" ~ \""-b.11?,"'"\--..L Ic~\~.r\A..~--<::.- -l" \œ\..... <:::" ~I:::..... I\S~~ , ._~ . \ .. ..........P .... SOLE SOUI'ICE NUMBER .;/ .... , VENDOR iii UNIT PRICE et,le!!.~.~y I'URQ~""I.... VENDOA.1 ~ UN1TI>RICE __ III .2J::í8" ~ \ \ ,2,~ð' ~ 12. \ n,. '~¡t..,..f.ÞJ' .... '-\.\\ -\'s"F" ~ '-I. \ k" \~. I ""^r-t ..;" .1...JI ~\,+ c.~~~ d,",~1'"C:. <::.~ . I;') \ .. ,..... 11 1 ~-I....: w '"" ('.ð '" \...~ 1:1 . , \ "I., 2,d'Z.- l4.. 'Zt;;> t- , ---~. ~ ¡ ./ / ./ ."/ ¿ / ./ r...--- / / I,~ / /f' L\...Y ./ /l/ ./ ./ / ./ If ./ I'- ,_ ./ // Q-\kl ð1J - '7 d A:~L ßLUl~1't0 fV\P''"' , PRICES eSTABllSHEO av: VENDOR TOTALS \. I, r' 'j...s 1 '1'~ .. \. VENDOR REPFUà6ENTATIVE .1 RI:aUESTING PERSON