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HomeMy WebLinkAboutAgenda Packet 08-02-05 '-'" ...." '-' ....,; August 2, 2005 ..00 PM BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 1/2/05 WELCOME ALL MEETINGS ARE TELEVISID. 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 aSRs anyone wishing to speaR 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 aSR 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 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 worRshops 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. '-" '-' 'WI ....,; BOARD OF COUNTY COMMI.SlONER. www.co.st-lucle.lI.us Frannie Hutchinson, Chalrlllan Doug Coward, Vice Chalrlllan ,oseph E. '1II1th Paula A. lewis Chris Craft District NO.4 District NO.2 District No. I District No. J District NO.5 August:&, 2005 ..00 P.M. Invocation Pledge of Allegiance I. MINUTES Approve the minutes of the meeting held on July 26, 2005 :&. PROCLAMATIONS/PRE. ENTATION' A. Florida Trust For Historic Preservation - Presentation by the County Administrator of the Florida Preservation Award 2005 to Susan Kilmer, Library Director and lody Bonet, Transit Manager in recognition of Outstanding Achievement in the field of Preservation Education/Media. B. Reading of the announcements by the County Administrator J. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARING' COUNTY AnORNEY Ordinance No. 05-004 - Signs - Consider staff recommendation to approve Ordinance No. 05-004 and authorize the signing of the Ordinance. COUNTY AnORNEY Ordinance No. 05-003 - Historic Preservation Ordinance - Consider staff recommendation to approve proposed Ordinance No. 05-003 to be effective January 1, 2006. COUNTY AnORNEY Ordinance No. 05-14 - Amending Occupational License fees to provide for a five percent (5%) increase in the fee schedule - Consider staff recommendation to adopt proposed Ordinance No. 05-14 to increase the occupational license fees by five percent (5%) or rounded down to the nearest nicRel, whichever is less, to be effective October 1, 2005. '-' ....,¡ Regular Agenda August:&, :&005 Pag.Two '-' ....,; 5E. 5D. rdi nce No. 05-027 - Solid Waste Assessment - Consider staff recommendation to approve Ordinance No, 5- 27 and authorize the signing of the Ordinance. Or IIlance No. 05-031 - Amending Chapter 1-7, "Courts" - Consider staff recommendation to approve dinance No. 05-031 and authorize the signing of the Ordinance. Ordi nce No. 05-026 - Teen Court Fees - Consider staff recommendation to adopt Ordinance No. 05-026 as dr ed. 5G. ~ -- c,b Establishment and adoption of Consolidation Rate Tariffs, Consolidated Utility Service Policy, Consolidation Extension Policy and Resolution No. 05-277 - Consider staff recommendation to approve the Consolidation Rate Tariffs, Consolidated Utility Service Policy, Consolidation Extension Policy and Resolution No. 05-277 with the proposed consolidation of the following County Utility districts: North Hutchinson Island, North County, H. . LaRewood ParR and the Airport. GROWTH MANAGEMENT Consid Draft Resolution No. 05-023 granting approval to the petition of Kolter Property Company, for a Cha e in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the PUD (Planned Un' Development - Island Club) Zoning District and Final Planned Unit Development approval for the project own as Parcel 34 E @ The Reserve Osland Club) a 19,172 square foot clubhouse with a swimming pool, aSRetball court, and tennis court - Staff has not received any additional information since April 19, 2005 on the location of the Island Club. Given this and as staff is also in the process of reviewing other issues related to the Reserve DRI, it is recommended the Board of County Commissioners continue the hearing to a date uncertain. ~__1'r~ .?D /dl Y COUNTY AnORNEY Ordinance No. 05-016 - Stop Gap Ordinance - North County Charette - No action is required at this time. A second reading of the proposed or. dinance is scheduled for.~es.day~UgUst 16, 2005, at 6:00 p.m. or as soon thereafter as it may be heard. fU>.!,s.~ ~.._G·~nç.{:' '0- r¡,ItJ.J ,., _þp"vCr-..,,-#~/,jCc-JV <'L Ji.!? ".., " - S ¿:.. ./I - '" e. ¿ ~/" END OF PUBLIC HEARING' / . ~ <: . ~ .~ e. GROWTH MANAGEMENT Request of Robert Trenary for final plat approval for the project to be I:?nown as First Replat in Jana ParI:? Subdivision. This project is located at the southeast corner of the intersection of Orange Avenue and Interstate 95 - Consider staff recommendation to approve the final plat of First Replat in Jana ParI:? SID and authorize its final execution. '-' ...., "!!1t!8. . CON,ENT AGENDA I. WARRANTS LIST Approval of warrant list Nos. 44 :&. COUNTY AnORNEY A, Resolution No. 05-304 Extending the State of Emergency for Hurricane Frances, and Resolution No. 05-305 Extending the State of Emergency for Hurricane leanne - Consider staff recommendation to approve Resolution No. 05-304 and Resolution No. 05-305 and authorize the Chairman to sign the Resolutions. B. Development Agreement with lohnson Road Development Group, L.L.C. (Roc Ring Horse Ranch) - Consider staff recommendation to grant permission to advertise public hearings. Ie COMMUNITY ,ERVICE. Approval of the selection of a Grant Administration Consultant for CDBG Disaster Recovery Initiative Grant - Consider staff recommendation to authorize staff to enter into negotiations with the highest ranRed firm. 4. GRANTS A. Authorize the acceptance of a grant from the U.s. Natural Resources Conservation Service Wetland Reserve Program in the amount of $178,121 for restoration of the recently acquired 316-acre Teague property - Consider staff recommendation to authorize the acceptance of the grant from the Natural Resources Conservation Service. B. Authorize the amendment of Contract C05-02-085 with Guidance Group to increase the maximum Contract payment from $30,000 to $35,000 and to allow worR to be completed under this Contract to be for educational, interpretive, directional, and entrance signage at Pepper ParR Riverside, Wildcat Cove Preserve, and Indrio Blueway Preserve - Consider staff recommendation authorize the amendment of Contract C05-02-085 with Guidance Group to increase the maximum Contract payment from $30,000 to $35,000 and to allow worR to be completed under this Contract to be for educational, interpretive, directional, and entrance signage at Pepper ParR Riverside, Wildcat Cove Preserve, and Indrio Blueway Preserve. s. PARK' AND RECREATON Request approval to serve Alcohol at Pepper ParR - Consider staff recommendation to approve the HicRs family's request to serve alcohol during their event on August 7, 2005, at Pepper ParR. .. INFORMATION TECHNOLOGY Webmaster position starting salary of $52,291.70 - Consider staff recommendation to approve the request to offer David Wood the Webmaster position at a starting salary of $52,291.70, 7. PUBLIC WORK' Emergency Repair - Hidden River Estates Drainage Outfall Structures - Consider staff recommendation to declare Hidden River Estates Drainage Outfall Structures Repair project an emergency, waive the formal bidding procedure and authorize staff to contact vendors for written quotes for the appropriate repairs, '-" '-' ...,.¡ ''wi Consent Agenda August 2, :&005 Pag.Two I. CENTRAL ,IRVICE, Approval to reject all Bids-Bid No. 074-0-2005 - For the Construction of The ClerR of Court Office Building ParRing Lot - Consider staff recommendation to approve to reject all bids - Bid No. 074-0-2005 - for the construction of the ClerR of Court Office Building ParRing Lot. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action ta~n 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 (J72) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. , ' '-' ...." ..., "_>'·"-'<0""'"'''' ANNOUNCEMENTS August 2, :&005 1. Meeting Changes: . 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 Regional Long Range Transportation Plan for the Martin and St. Lucie Metropolitan Planning Organizations (MPOs) worRshops will be held on Tuesday, August 2, 2005 at the BlaRe Library, 2351 SE Monterey Road, Stuart Florida from 6:00 p.m. to 8:00p.m. on Wednesday, August 3, 2005 at the PSL Community Center Room A, 2195 SE Airoso Blvd., Port St. Lucie, Florida from 6:00 p.m. to 8:00p.m. and on Thursday, August 4, 2005 at the Fort Pierce Main Library, 101 Melody Lane, Fort Pierce, Florida from 6:00 p.m. to 8:00p.m. 3. The Board will hold a Conflict Resolution Meeting with the City of Fort Pierce Commission and the Fort Pierce Utility Board on Monday, August 8, 2005 from 2:00 p.m. to 5:00 p.m. in the St. Lucie County Commission Chambers. 4. The Board of County Commissioners and the School Board of St. Lucie County will hold a Joint Meeting on Thursday, August 18, 2005 from 2:00 p.m. to 4:00 p.m. in the Board Room at the School Board Office located at 4204 OReechobee Road Fort Pierce, FL 34947-5414. 5. The Board of County Commissioners, City of Fort Pierce Commission, and the City of Port St. Lucie Council will hold a loint Meeting on Monday, August 29, 2005 at the City of Fort Pierce Commission Chambers first floor, 100 N. US Hwy. 1, Fort Pierce, Florida 34950 from 2:00 p.m. to 5:00 p.m. 6. The Board of County Commissioners will hold a WorRshop with Martin County on Tuesday, August 30, 2005 from 9:00 a.m. to noon at the Martin County Commission Chambers located at 2401 SE Monterey Road, Stuart. 7. The Board of County Commissioners will hold the Preliminary F'v' 2006 Budget Public Hearing on Thursday, September 15, 2005 at 5:05 p.m. in the County Commission Chambers. 8. The Board of County Commissioners will hold the Final FV 2006 Budget Pubic Hearing on Thursday, September 22, 2005 at 5:05 p.m. in the County Commission Chambers. \w, '-' ...." '....I August 2, :&005 ..00 PM BOARD OF COUNTY COMMISJIONER, AGENDA REVI,ED 1/2/01 WELCOME ALL MEETING' ARE TELEVI,ED. 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 aSRs anyone wishing to speaR 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 aSR 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 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 worluhops 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. '- '-' ...,.¡ '-" BOARD O' COUNTY COMMISJIONER, www.co..t-lllcle.fl.lI. 'rannle Hutchinson, Chalrlllan DOlIg Coward, Vice Chairman 'oseph I. '1IIlth Paula A. Lewl. Chris Craft District No. 4 District No. :& District No. I District No. J District No.5 AlIgust 2, :&005 e.oo P.M. Invocation Pledge of Allegiance ~~~~ MINUTE' t\~\\' ~,,\ />o f'\' "!) Approve the minutes of the meeting held on luly 26, 2005 :&. PROCLAMATIONS/PRE, ENTATION' A. Florida Trust For Historic Preservation - Presentation by the County Administrator of the Florida Preservation Award 2005 to Susan Kilmer, Library Director and lody Bonet, Transit Manager in recognition of Outstanding Achievement in the field of Preservation Education/Media. B. Reading of the announcements by the County Administrator Ie GENERAL PUBLIC COMMINT CON,ENT AGENDA "8 - C - Apr(ì,\Jed CiQJ1¿JlgJ_?w",--""_",!,:~~H~1"w...._,~__,+"._~,,,",,".'''__''""~''" PUBLIC HEARING' 4. ~~ COUNTY AnORNEY Ordinance No. 05-004 - Signs - Consider staff recommendation to approve Ordinance No. 05-004 and authorize the signing of the Ordinance. ~ COUNtY Ano...... ~~~':)/O Ordinance No, 05-003 - Historic Preservation Ordinance - Consider staff recommendation to approve proposed Ordinance No. 05-003 to be effective January 1, 2006. IC. COUNTY AnORNEY ~ I J~}eß Ordinance No, 05-14 - Amending Occupational License fees to provide for a five percent (5%) increase in the nV VV fee schedule - Consider staff recommendation to adopt proposed Ordinance No, 05-14 to increase the h T occupational license fees by five percent (5%) or rounded down to the nearest nicRel, whichever is less, to be effective October 1, 2005. Ij'l, _ ¡. ,," å _ ,rÒ é'~ ';;i 'e~n tv I V.0 ì< \{ 6 ðW\.~ ~~ é:~ ~0 '-' ..." '-' ....,; .egular Agenda August 2, :&005 Page Two ,<:~t COUNTY AnORNEY Ordinance No. 05-027 - Solid Waste Assessment - Consider staff recommendation to approve Ordinance No, 05-027 and authorize the signing of the Ordinance. 5E.~ COUNTY AnORNEY ~~~ J..) Ordinance No. 05-031 - Amending Chapter 1-7, "Courts" - Consider staff recommendation to approve "'~'!J Ordinance No. 05-031 and authorize the signing of the Ordinance. II~ COUNTY AnORNEY ~V?,K) Ordinance No. 05-026 _ Teen Court Fees - Consider staff recommendation to adopt Ordinance No. 05-026 as drafted. 5G. UTILlTIE, Lew~~~ ':Ie? Ci>.{o.rrÀ -\..{<-S ~~c1~~CI'<\- '1 e.-S· ~r \ , Cfo..N- -No SfI^.R"- 'ie~ ~o~ ~stablishment and adoption of Consolidation Rate Tariffs, Consolidated Utility Service Policy, Consolidation I e Extension Policy and Resolution No. 05-277 - Consider staff recommendation to approve the Consolidation o '" Rate Tariffs, Consolidated Utility Service Policy, Consolidation Extension Policy and Resolution No. 05-277 with the proposed consolidation of the following County Utility districts: North Hutchinson Island, North County, H.E.W. LaRewood ParR and the Airport. GROWTH MANAGEMENT Mct:VI\ ~ ~+;tl~ ..\-0 W. 4 it>5"" o..t ~ ~ooÇM Ò( ú.S SOd"1\.+Lø-~ Consider Draft Resolution No. 05-023~.fti",i wUcrv~~ petition of Kolter Property Company, for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the PUD (Planned Unit Development - Island Club) Zoning District and Final Planned Unit Development approval for the project Rnown as Parcel 34 E @ The Reserve (Island Club) a 19,172 square foot clubhouse with a swimming pool, basRetball court, and tennis court - Staff has not received any additional information since April 19, 2005 on the location of the Island Club. Given this and as staff is also in the process of reviewing other issues related to the Reserve DRI, it is recommended the Board of County Commissioners continue the hearing to a date uncertain. 51' J COUNTY AnORNEY ~~ 0 Ordinance No. 05-016 - Stop Gap Ordinance - North County Charette - No action is required at this time. A i\b/ second reading of the proposed Ordinance is scheduled for Tuesday, August 16, 2005, at 6:00 p.m. or as soon thereafter as it may be heard. . ~ ~GIIOWIII ......AGOMIN. ~~J ])ReqUest of Robert Trenary for final plat approval for the project to be I:?nown as First Replat in Jana ~ ' ParI:? Subdivision. This project is located at the southeast corner of the intersection of Orange Avenue and Interstate 95 - Consider staff recommendation to approve the final plat of First Replat in Jana ParI:? SID and authorize its final execution. ~\~~~ END OF PUBLIC HEARING' \w ....., ...." " ····.....··"-"·A·"N.··'.~.·, CON'ENT AGENDA I. WARRANTS Lln Approval of warrant list Nos. 44 :&. COUNTY AnORNEY A. Resolution No. 05-304 Extending the State of Emergency for Hurricane Frances, and Resolution No. 05-305 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 05-304 and Resolution No. 05-305 and authorize the Chairman to sign the Resolutions. B, Development Agreement with Johnson Road Development Group, L.L.C. (RocRing Horse Ranch) - Consider staff recommendation to grant permission to advertise public hearings. Ie COMMUNITY ,ERVICE, Approval of the selection of a Grant Administration Consultant for CDBG Disaster Recovery Initiative Grant - Consider staff recommendation to authorize staff to enter into negotiations with the highest ranRed firm. 4. GRANTS A. Authorize the acceptance of a grant from the U.S. Natural Resources Conservation Service Wetland Reserve Program in the amount of $178,121 for restoration of the recently acquired 316-acre Teague property - Consider staff recommendation to authorize the acceptance of the grant from the Natural Resources Conservation Service. B. Authorize the amendment of Contract COS-02-085 with Guidance Group to increase the maximum Contract payment from $30,000 to $35,000 and to allow worR to be completed under this Contract to be for educational, interpretive, directional, and entrance signage at Pepper ParR Riverside, Wildcat Cove Preserve, and Indrio Blueway Preserve - Consider staff recommendation authorize the amendment of Contract C05-02-08S with Guidance Group to increase the maximum Contract payment from $30,000 to $35,000 and to allow worR to be completed under this Contract to be for educational, interpretive, directional, and entrance signage at Pepper ParR Riverside, Wildcat Cove Preserve, and Indrio Blueway Preserve. 5. PARK' AND RECRIATON Request approval to serve Alcohol at Pepper ParR - Consider staff recommendation to approve the HicRs family's request to serve alcohol during their event on August 7, 2005, at Pepper ParR. .. ! INFORMATION TECHNOLOGY 'F It?' Webmaster position starting salary of $52,291.70 - Consider staff recommendation to approve the request to / offer David Wood the Webmaster position at a starting salary of $52,291.70. 7. PUBLIC WORK' Emergency Repair - Hidden River Estates Drainage Outfall Structures - Consider staff recommendation to declare Hidden River Estates Drainage Outfall Structures Repair project an emergency, waive the formal bidding procedure and authorize staff to contact vendors for written quotes for the appropriate repairs. '--' '-' ...,.; ....,; Consent Agenda August 2, :&005 Pa,eTwo I. CENTRAL ,ERVICE' Approval to reject all Bids-Bid No. 074-0-2005 - For the Construction of The ClerR of Court Office Building ParRing Lot - Consider staff recommendation to approve to reject all bids - Bid No. 074-0-2005 - for the construction of the ClerR of Court Office Building ParRing Lot. 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 (J72) 462-1m or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. '-' ANNOUNCEMENTS August 2, :&005 1. Meeting Changes: . 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 Regional Long Range Transportation Plan for the Martin and St. Lucie Metropolitan Planning Organizations (MPOs) worRshops will be held on Tuesday, August 2, 2005 at the BlaRe Library, 2351 SE Monterey Road, Stuart Florida from 6:00 p.m. to 8:00p.m. on Wednesday, August 3, 2005 at the PSL Community Center Room A, 2195 SE Airoso Blvd., Port St. Lucie, Florida from 6:00 p.m. to 8:00p.m, and on Thursday, August 4, 2005 at the Fort Pierce Main Library, 101 Melody Lane, Fort Pierce, Florida from 6:00 p.m. to 8:00p,m. 3. The Board will hold a Conflict Resolution Meeting with the City of Fort Pierce Commission and the Fort Pierce Utility Board on Monday, August 8, 2005 from 2:00 p.m. to 5:00 p.m. in the St. Lucie County Commission Chambers. 4. The Board of County Commissioners and the School Board of St. Lucie County will hold a loint Meeting on Thursday, August 18, 2005 from 2:00 p.m. to 4:00 p.m. in the Board Room at the School Board Office located at 4204 OReechobee Road Fort Pierce, FL 34947-5414. 5. The Board of County Commissioners, City of Fort Pierce Commission, and the City of Port St. Lucie Council will hold a loint Meeting on Monday, August 29, 2005 at the City of Fort Pierce Commission Chambers first floor, 100 N. US Hwy. 1, Fort Pierce, Florida 34950 from 2:00 p.m. to 5:00 p.m. 6, The Board of County Commissioners will hold a WorRshop with Martin County on Tuesday, August 30, 2005 from 9:00 a.m. to noon at the Martin County Commission Chambers located at 2401 SE Monterey Road, Stuart, 7. The Board of County Commissioners will hold the Preliminary FY 2006 Budget Public Hearing on Thursday, September 15, 2005 at 5:05 p.m. in the County Commission Chambers. 8. The Board of County Commissioners will hold the Final FY 2006 Budget Pubic Hearing on Thursday, September 22, 2005 at 5:05 p.m. in the County Commission Chambers. ..... '-' ...,.¡ ..,J BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA August 2, 2005 REGULAR AGENDA RAt. ADMINISTRATION Staff request Board consideration of installation of tents at the jail facility - Consider staff recommendation to consider installing tents previously purchased at the jail facility to house inmates. CONSENT AGENDA CAt. PURCHASING Permission to advertise a Request for Proposal (RFP) for Air Quality Consultants for the review of documents pertaining to the proposed Florida Power and Light Coal-Fired Power Plant - Consider staff recommendation to grant permission to advertise a Request for Proposal (RFP) Air Quality Consultants for the review of documents pertaining to the proposed Florida Power and Light Coal-Fired Power Plant. NOTICE: All Proceedings before this Board are electronically recorded, Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in, Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St, Lucie County Community Services Manager at (m) 462-1m or TDD (m) 462-1428 at least forty-eight (48) hours prior to the meeting. Board of County Commissioners Administration Monthly Committee Reports At the April 11, 2000 Board of County Commissioners Meeting it was decided by the Board to place an item on the agenda, to give the Board an opportunity to provide updates on the various Committees and Advisory Boards that they serve on. It has been decided by the County Administrator that this item will be placed on the agenda each month. N/A N/A This meeting the Board will provide updates on the following Committees and Advisory Boards that they serve on: '-' TO. ,UBMlnED BY. 'UBIECT, BACKGROUND FUND' AVAILABLE: PREVIOU' ACTION: RECOMMENDATION: COMMlnEE 19th Judicial Circuit Conflict Committee Alcohol, Drug Abuse & Mental Health Committee Blueway Advisory Committee Chamber of Commerce Board of Directors Children's Services Council Corridor Advocacy Group (Scenic Highway) Council on Aging Cultural Affairs Council Friends of the St. Lucie County Library Healthy Kids Indian River Lagoon NEP LaRe OReechobee Coalition Land Acquisition Selection Committee Law Library Board of Trustees Local Government Sub-Committee Property & Homeowners Public Safety Coordinating Council Shared Services NetworR Exec Round Table St. Lucie County Fire District Sunrise Board Tourist Development Council Transportation DLCB Treasure Coast Community Alliance Treasure Coast Council of Local Government Treasure Coast Regional Planning Council Treasure Coast WorRforce Consortium Value Adjustment Board WorRforce Development Board/Treasure Coast COMMISSION ACTION: [ ] APPROVED [ ] DENIED [X] OTHER: Reports Given AGENDA REOUln ITEM Iht II DATE. August., :&005 RIGULAR [X] PUBLIC HEARING [ ] CON,ENT [ ] ....,; COMMISJIONER Commissioner Lewis Commissioner Lewis Commissioner Craft Commissioner Hutchinson Commissioner Lewis Commissioner Craft Commissioner Lewis Commissioner Craft Commissioner Lewis Commissioner Craft Commissioner Smith Commissioner Smith Commissioner Craft Commissioner Lewis Commissioner Hutchinson, Commissioner Craft, Commissioner Smith Commissioner Coward Commissioner Hutchinson Commissioner Smith Commissioner Coward, Commissioner Hutchinson Commissioner Hutchinson Commissioner Smith Commissioner Lewis Commissioner Smith Commissioner Hutchinson Commissioner Craft, Commissioner Coward Commissioner Hutchinson Commissioner Craft, Commissioner Lewis, Commissioner Smith Commissioner Lewis ouglas M. Anderson County Administrator Review and ADD,ova" County Attorney: Management & Budget: - Originating Dept: = Other: Finance: (ChecR for Copy only, if applicable) Purchasing: _ Other: _ Effective: 5/96 07/29/05 FZABWARR FUND 001 001156 001160 001165 001166 001168 001292 001293 001294 001814 101 101002 101003 101006 101106 102 102001 104002 104003 105 107 107001 107002 107003 129 138 140 140001 140128 140322 140327 140329 140336 140337 140800 160 183 183001 183004 185005 185006 215 216 217 305 310002 '- '-" ST. LUCIE COUNTY - BOARD ......" ..., PAGE WARRANT LIST #44- 23-JUL-2005 TO 29-JUL-200S FUND SUMMARY TITLE General Fund FTA USC Secton 5307 Opere Assist. Section 112/MPO/Planning FY 04/05 CSBG Grant FYOS Section l12/MPO/FHWA/Planning 05 Urban Mobile Irrigation Lab 04/05 TRIP TDC planning Grant FY 05 FDCA/EMPA 2005 Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees USDA (NRCS) Emergency Watershed prt unincorporated Services Fund Drainage Maintenance MSTU Elizabeth M. Kiessel Bequest Fund Hurricane Frances Donations Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E9l1 Sur char Fine & Forfeiture Fund-800 Mhz Oper pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund Palm Lake Gardens MSTU Fund Port & Airport Fund Port Fund Industrial Park West-EDA Industrial Park West Development FDOT Access Roads Ph.2 A/P IPW FDOT-Taylor Creek Restoration/Acqui Rehabilitation of Taxiway E Install perimeter Fencing #412400 IRL Taylor Creek Restoration SFWMD Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FHFA SHIP FY04/05 FHFA SHIP FYOS/06 Sales Tax Revenue Bonds I&S Fund County Capital I&S State Revenue Sharing Bonds I&S Fnd Beach ACquisition Fund Impact Fees-parks EXPENSES 1,660,870.79 83.53 230.66 4,818.41 439.57 100.37 12,483.24 22.25 6,706.21 1,175.67 36,108.14 27,237.35 3,800.00 198,833.02 549,537.35 36,051.45 411.24 400.00 577.37 652.13 2,972,829.46 69.98 1,256.97 90.00 348.06 461.41 750.00 113.34 18,356.40 13,015.89 11,512.08 16,864.56 12,276:72 177,926.71 33,900.00 6,183.00 59,308.91 10,283.94 465.79 13.71 332.34 42.47 189.87 48,226.81 4,808.00 48,273.23 783.00 17,725.39 .. PAYRÇ)LL 576,203.53 1,092.00 0.00 1,144.08 5,746.06 1,312.01 0.00 290.79 0.00 1,312.01 124,718.65 0.00 0.00 0.00 0.00 48,757.11 5,345.03 0.00 0.00 1,622.41 102,910.93 914.80 1,897.55 0.00 0.00 0.00 0.00 0.00 21,258.04 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,852.80 1,171.85 0.00 3,049.23 555.17 2,200.98 0.00 0.00 0.00 0.00 0.00 1 .0 ~ ~ ........ ...,,¡ .."" 07/29/05 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #44- 23-JUL-2005 TO 29-JUL-2005 FUND SUMMARY FUND 310003 316 39006 396 401 418 421 441 448 449 451 458 461 471 478 479 481 491 505 505001 611 650 665 666 TITLE Impact Fees-Public Buildings County Capital So 26th st MSBU Capital 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 NHI util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operati~ No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Airport Utilities District Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Agency Fund SLC Art in Public Places Trust Fund SLC Economic Development Trust Fund GRAND TOTAL: EXPENSES 13,738.15 145,659.00 1,943.75 483,000.00 23,757.58 12,213.97 1,664.53 2,200.00 12.36 43.58 22,306.55 11,273.26 9,632.28 5,637.05 10.55 34,429.52 380.89 8,282.82 213,563.64 10,785.50 16,385.14 4,523.36 1,080.00 27,320.87 7,046,791.14 .. PAYR9LL 0.00 0.00 0.00 0.00 60,812.46 21,913.40 660.73 3,918.52 161.60 569.57 1,645.38 345.69 12,053.85 3,809.16 137.78 702.52 433.80 62,163.07 3,179.56 2,038.71 3,801.54 0.00 0.00 0.00 1,082,702.37 .. .. 11 I \.;t '-' ....,; ....,¡ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: August 2, 2005 Tape: 1-3 Convened: 6:00 p.m. Adjourned: 10:25 p.m, Commissioners Present: Chairperson, Frannie Hutchinson, Paula A Lewis, Doug Coward, Joseph Smith, Chris Craft Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Ass!. County Administrator, Dan Mcintyre, County Attorney, Don West, Public Works Director, Mike ßowers, Utilities Director, Susan Kilmer, Library Director, Millie Delgado- Feliciano, Deputy Clerk I. MINUTES (1-024) It was moved by Com, Lewis, seconded by Com. Coward, to approve the minutes of the meeting held July 26,2005, and; upon roll call, motion calTied unanimously. 2, PROCLAMATIONS/PRESENTATIONS (1-030) A. Florida Trust For Historic Preservation- A presentation was made by the County Administration for the Florida Preservation Award 2005 to Susan Kilmer, Library Director and Jody Bonet, Transit Manager in recognition of Outstanding Achievement in the field of Preservation Education/Media. ß, The County Administrator read upcoming events 3. GENERAL PUBLIC COMMENTS (1-092) Mr, John Arena, Ft. Pierce resident, addressed the Port property. Ms. Susie Caron, Indrio Road resident, addressed the Board and stressed the "Quality of Life" and the North County Charrette. Ms, Caron also commented on the water quality of the Estuary. 4. CONSENT AGENDA (1-457) It was moved by Com. Craft, seconded by Com. Coward, to approve the Consent Agenda, with item C-() pulled and the addition of CA-1, and; upon roll call, motion carried unanimously. I . W ARRANT LIST The Board approved Warrant List No. 44. 2. COUNTY ATTORNEY A. Resolution No. 05-304- Extending the State of Emergency for Hurricane Frances and Resolution No. 05-305 Extending the State of Emergency for Hurricane Jeanne- The Board approved Resolution 1 '-' '-' ....,; -..I Nos. 05-304 and 05-305 and authorized the Chairman to sign the Resolutions. B. Development Agreement with Johnson Road Development Group, LLC Rocking Horse Ranch- The Board granted pennission to advertise the public hearings, 3. COMMUNITY SERVICES Approval of Selection of a Grant Administration Consultant for CDBG Disaster Initiative Grunt- The Board aUlhnrii'.cd stall'lo enter into negotiations with the highcst rankcd firm. 4. GRANTS A. Authorize the acceptance of a grant from the U.S. Natural Resources Conservation Service Wetland Reserve Program in the amount of $178,121 for restoration of the recently acquired 316 acre Teaguc property- The Board approved acceptance ofthe grant from the Natural Resources Conservation Service. B. Authorize the amendment of Contract C05-02-085- The Board approved the amendment to Contract C05-02-085 with Guidance Group to increase the maximum Contract payment from $30,000 to $35,000 and to allow work to be completed under this contract to be for educational, interpretive, directional and entrance signage at Pepper Park Riverside, Wildcat Cove Preserve and Indrio Blueway Preserve. 5. PARKS AND RECREATION Request approval to serve Alcohol at Pepper Park- The Board approved the Hicks ;II11ily's request to serve alcohol during their event on August 7, 2005 at Pepper Parle 6. INFORMATION TECHNOLOGY - Webmaster position- This item was pulled, 7. PUBLIC WORKS Emergency Repair- Hidden River Estates Drainage Outfall Structures- The Board declared Hidden River Estates Drainage Outfall Structures Repair project an emergency, waive the formal bidding procedure and authorize staff to contact vendors for written quotes for the appropriate repairs. 8. CENTRAL SERVICES Approval to reject all Bids- Bid No. 074-0-2005 For the Construction of the Clerk of Court Oll'ice Building Parking Lot- The Board approved rejecting all bids for this project. ADDITIONS CA- I. PURCHASING Permission to advertise a Request for Proposals for Air Quality Consultants for the review of documcnts pertaining to the FPL Coal Fired Power Plant- The Board approved advertising an RFP for Air Quality Consultants for the review of documents pertaining to the FPL Coal Fired Power Plant. REGULAR AGENDA PUBLIC HEARINGS 2 '-' '-' ....,; ....I 5.A COUNTY ATTORNEY (1-499) Ordinance No. 05-004- Signs- Consider staff recommendation to approve Ordinance No. 05-004 and authorize the signing of the ordinance. It was moved by Com. Lewis, seconded by Com. Coward, to approve Ordinance No. 05- 004, and; upon roll call, motion carried unanimously. 5.B COUNTY ATTORNEY (1-570) Ordinance No. 05-003- Historic Preservation Ordinance- Consider staff recommendation to approve proposed Ordinance No. 05-003 to be effective January 1, 2006. The Asst. County Attorney addressed the changes made to the Ordinance per previous direction given by the Board. Mr. Ramon Trias, Florida Avenue resident, addressed the Board and expressed congratulations for moving forward with what he felt was for the betterment of the county. He encouraged implementation of the ordinance with appropriate staffing. Mr. Bi1l Blazak, Senior Project Manager, Culpepper & Terpening addressed the list being part of the basis for the ordinance. He stated being on this list would cost property owners money. The Assistant County Attorney addressed Mr. Blazak's concerns and advised him there were two separate lists. Mr. Michael Brindle, Indian River Drive resident, addressed the Board regarding the ability to do what he sees fit with his property and asked he be taken off the list. Mr. Bill Furst, Holiday Pines asked the Board clarify the "opt out" clause in the Ordinance. The Assistant County Attorneys stated the "opt out" comes into play when the Board is considering designation of a certain property. Under this proposed Ordinance there are currently no properties on the list with historic designation. It would need to be designated an exceptional historic resource, for a property owner not to be able to opt out. Mr, Furst stated he would like to know how to get off the list. Mr. .lay Maycumber, Indrio Road resident, thanked the Board for the ordinance and preserving the bui ¡dings the residents [eel are historical and want to keep them in their community, Ms, Audrey Mu1len resident and property owner questioned if she would be able to build a new home next to an old home. The Asst. County Attorney addressed Ms. Mullen's question and stated it would be possible. Ms. Cindy Snay, resident, questioned the historical group's review and if a property owner requested to opt out, how this would work, The Assistant Coullty Atlollwy stated if the structure is determined to be historic, it is thell taken to the historical commission and thcy either sign off on it or attempt to work with the property owner to come up with analtcrnate solution. Ms. Lucille Wright, Stuart resident, owns a townhouse on North Beach, questioned if we h,¡ù a requirement to move a historical structure if they property owner does not want to keep it. 3 '-" '-' ....., -.J The Asst. County Attorney stated there is nothing specific of that nature in the ordinance. However, if it was proposed for demolition then the new emergency action section would kick in to have the Board to review to see if the designation process should be initiated. Mr. Jim Piawatty, Indian River Drive resident, questioned what would happen to those individuals who cannot afford to maintain and repair the property should it be classified historical. The Asst. County Attorney stated there was u provision in the ordinance under section 1- IO.2-2J which allows the person to provide proof of economic hardship they could apply to have the criteria of the ordinance not apply to the construction or repair permits they might need, Also, once the ordinance is adopted, the county will be able to apply for state and federal funding and these funds would be placed in the tmst fund established for this purpose, Mr. Bill Blazak, stated he was in the process of moving an old house and they would gladly work with the county in the placement of the house. He also stated he would like to see the county work with the property owners who wish to be taken off the list that is being created and the cost associated such as an Archeological survey. Com, Craft stated he did not wish to tie the list in any way to this ordinance. Com. Lewis stated she would like to know how they incorporated our list into their requirements before requesting anything be removed. She would like to look into this I"urther before a letter is sent. Com. Coward stated what he was recommending was sending a letter with a cautionary statement the inventory was done on a broad brush fashion which may include a structure due 10 age but not nect.:ssari Iy 01" archcological significance. Ms. Lisa Nelson, White City resident, addressed the Board and stated there are three issues in favor of the public; the economic hardship is the first, an "opt out" clause, and the exceptional designation. Mr. Tommy Carter, property owner addressed the Board regarding the ordinance and stated he had attempted to rebuild an old structure that is falling apart and is historical and was denied the permits. Com. Hutchinson stated she was not sure why he was denied the permits. The Ass!. County Attorney stated the property was not designated historicaluncler this ordinance and although she is 110t rami liar with the circumstances she stated the Land Development ('ode docs require review orthe older structures and it may have gone to the Historical Commission lor review and it was denied, There may have other factors why it was denied. She aclvised him his house has not been designated and no one would be designated until after January 1,2006. She recommended he meet with the building staff to find out the reasons for the denial but he can reapply for the demolition pennit. Com. Hutchinson commented on page 17 under Sec. 1-10.2.14 number J and asked if they could acid the language, ., based upon written recommendation from local, state or national historical". She woulcllike a paper trail. The Asst. County Attorney stated this was the intent. ('0111. Crall ll1allk<.:d and COI1l111<.:nlkd stafTon the creation ortlw ordinance. ('Oil\. IIulcl1il1S011 :Idvist.:d sl¡ilTthis was thc conscnsus ol'(lw cntire Board. It was moved by Com. Crall, second cd by Com. Lewis to adopt this ordinance with the added language as stated by the Chair, ancl; upon roll cal1, motion carried unanimously. 4 ¡IMfcaIV~Giord;'nO& Associates, Inc. ~IEXCEPTIONAL SOLUTIONS 1____.__ · . . ...,.¡ ..J l'I1) ,ÌlH~c'lil1g (o{)I\'o¡nICIi1)1\ rll~!ÎI\I'c'l'il¡g \'\- 111~IH'('liol1 '^ Municip.1t !"l1gilw~'rillg Transportation ['Iannin¡; . & Traffic Engineeri"l Surveying & M"ppin~ Planning \) Landsc"pe Architecture 8{ Environmental Services· Construction Services Indoor Air Quality, 1),'1.\ ll'chllologic's l," )('vl'lopnwI1( 560 Village Blvd., Suite 340 I West Palm Beach, FL 33409 I Phone: 561.684.6161 Fax: 5(, 1.6B4.6360 www.calvin-giordano.com 11111 1,lIlIiI',d,, ,' July 27,2005 Honorable Doug Coward, Commissioner, District 2 St. Lucie Board of County Commissioners 2300 Virginia Ave. Ft. Pierce, Florida 34982 101 JE© ~ ITW~ liW ~ AUG 0 2 2005 ~ RE: Historic Preservation Ordinance (Ordinance 05-003) Midway Road PD&E Study CGA Project No. 03-2774 Dear Commissioner Coward: As you arc aware, thc Projec.t Development & Environmental (PD&E) Study for the Midway Road Corridor between 25th Street and US-I is well underway with its public involvement process. As part of the PD&E process, and as mandated by the National Environmental Policy Act, the historical assets of the White City community must be evaluated so as to avoid adverse impacts to these assets, Since we are aware that a Historic Preservation Ordinance (Ordinance No, 05-003) wil1 be considered before the Board of County Commissioners this coming Tuesday night, August 2, 2005, we would encourage you and the other Board Members to push forward with adopting such an ordinance, and ultimately establishing a historic district boundary in the White City area in the ncar future. Although the adoption of such an ordinance, or the designation of a historic district is not requircd for the PD&E study, we believe that formally and clearJy establishing the parameters of historic prcservation, and moving forward towards the establishment of a historic district in Whitc City will provide a more defined framework for the historical elements of the community to be recognized during the PD&E process. As you know. historic prescrvation is only one of màny facets of the community identity being addressed as part of the master planning activities (charrettes) currently taking place in White City. We are very optimistic that this master planning effort will result in the adoption of a "community vision" for this area based on stakeholder consensus. The better defined the various elements of this "community vision" become, and the more specific aspects of this vision plan are adopted by action of the Board of County Commissioners, the stronger the regulatory framework becomes for the steering of the ultimate design of the Midway Road Corridor. As you know, we are very much interested in having the community's plan for the fut'ure influence the character of the roadway, rather than vice versa. On behalf of the Midway Road PD&E Stakeholder Committee, we thank you for your considèration on this matter. W..',II'"IIIIII",1I11 Orl,lIIdo !"mll'll'I'n' 1101111'\1":111 "" '-' ....." Sincerely, CALVIN,9IORDANO & ASSOCIATES ~~ ~ Scott Brunner, P.E. Associate, Transportation Engineering & Planning Midway Road PD&E Consultant Team Project Manager Cc: St Lucie County Board of County Commissioners Midway Road PD&E Stakeholder Committee (Distribution List) CGA Project Team (Distribution List) -...I v '-' ...., ..., Com. Hutchinson addressed a letter received from Mr, Calvin Giordano, Consultant for the PD&E Study of the Midway Road project and asked it be made part oftoday's record. Com. Hutchinson asked the Board if they wished for the Jetter to come back for the 110;iI"ll (0 review. ('om. Coward slaled he kit they did not necessarily need to read through the letter and Ihey should he sending notiliçation to the State that they did not intend the inventory to he used itsel i' as a lis! i'or tksignation oi'historical structures. It was a cursory inventory, The County Administrator stated he would draft the letter. Com. Hutchinson requested before sending the letter, a draft be given to each Commissioner for their perusal. 5.C COUNTY ATTORNEY (1-2826) Ordinance No. 05-14- Amending Occupational License Fees to provide for a 5% increase in the fee schedule- Consider staff recommendation to adopt proposed Ordinance No. 05-14 to increase the occupational license fees by five percent or rounded down to the nearest nickel, whichever is less, to be effective October I, 2005, It was moved by Com, Coward, seconded by Com. Lewis, to approve Ordinance No, 05- 14, anti; lIpon roll call, motion carried unanimously, S.D. COUNTY ATTORNEY (1-2949) Ordinance No. 05-027- Solid Waste Assessment- Consider staff recommendation to approve Ordinance No. 05-027 and authorize the signing of the Ordinance, Com. Coward wished to clarify for the record that this is not intended to go back retroactively to former contracts, the liens and former issues. This is for the current contract as well as future contracts. Com. Smith stated he had a problem with the delinquent fees clause (item B) if they did not know how they were going to pay in the first place. The County Attorney stated he concurred with Com. Smith's concern. If the county missed it and it was through no fault of the property owner, it seems inappropriate to çharge delinquency i'ees. lIe believes they were trying to collect charges for services that wen: provided. The County Attorney suggested passing this ordinance with specific instruction to staff not to charge del inquency fees in those instances where a property owner was missed by no fault of their own in a fairness stand point. The Board concurred, It was moved by Com. Lewis, seconded by Com. Smith to approve Ordinance No. 05- 027 as amended ( with the added language as stated by the County Attorney, "which shall only apply to those cases where a property owner had prior notice and knowledge of the fee and failed to pay"), and; upon roll call, the vote was as follows: Aye's: Lewis, Coward, Craft, Smith; Nay: Hutchinson (her vote to be consistent with her opposition-to the assessment; motion carried by a vote of 4 to 1, 5 '-'" ~ ......, ...., 5.l~. COUNTY ^'I"f'ORNEY (1-3486) Ordinance No. 05-131- ^ll1ending Chapter 1-7 "COLll"ts" - Consider starr recommendation to approve Ordinance No. 05-031 and authorize the signing of the ordinance. Mr. Jim Walker, Trustee for the Rupert], Smith Law Library made a presentation on the revenues that would be generated through this ordinance. Mr. Walker stated the proposed generated revenues would be short $67,424 in the budget and the Law Library would be able to add the monies to the budget from their funds for approximately 2 to 3 years fi'om their cash reserves. After this period of time they would come to the county for assistance in funding, It was moved by Com, Lewis, seconded by Com. Smith, to approve Ordinance No. 05- 131, and; upon roll caIl, motion carried unanimously, 5.F COUNTY ATTORNEY (2-095) Ordinance No. 05-026 Teen Court Fees- Consider staff recommendation to adopt Ordinance No. 05-026 as drafted, Jt was moved by Com. Coward, seconded by Com, Lewis, to approve Ordinance No. 05- 026, and; upon roll call, motion carried unanimously, 5.G- UTILITIES (2-100) Establishment and adoption of Consolidation Rate Tariffs, Consolidated Utility Service Policy, Consolidation Extension Policy and Resolution No. 05-277. Consider staff recommendation to approve the Consolidation Rate Tariffs, Consolidated Utility Service Policy, Consolidation Extension Policy and Resolution No. 05-277 with the proposed consolidation of the following County Utility districts: North Hutchinson Island, North County, H.E.W, Lakewood Park and the Airport. Mr. Howard Ostermann, Utilities Consultant addressed the Board and gave an overview on this issue. Mr. Tony EIIia, Consultant, addressed the Board regarding the rate structure. Com. Craft questioned the cost of utilities for our area. He stated we are 40-60% higher 101' water and scwer. He questioned the amount of reclaim cd water available for irrigation. Mr. Ostermann stated in North County they do not have reclaimed water available. Com. Craft stated he had a problem with the county penalizing those residents of North County for utilizing the water for irrigation purposes or teIling them they need to dig a well. He does not like either of the two options. Mr. Ostermann stated they have a plan that will call for alternate sources of water by the utility made available to the new developing areas so that they can get on to a non potable water source. This source would be phased out when the reclaimed water becomes available. lIe docs not know what the future will hold one! explained the alternate possihility, i.e, a horizontal \Veil. Com, Coward explained what he felt may be our goaL 6 "" '-' ....,; -....J Com, Craft requested this item be tabled until Monday after the meeting with the City of f't. Pierce is concludcd. I-Ie reltthis document is not appropriate with this meeting being scheduled. It was moved by Com. Smith, seconded by Com. Coward to approve Resolution No, 05- 277 and the Consolidation Rate Tariffs, Consolidated Utility Services Policy, Consolidation Extension Policy, and; upon roll call, the vote was as follows: Nay: Craft; Aye's: Lewis, Coward, Smith, Hutchinson, motion carried by a vote of 4 to 1. 5,H GROWTH MANAGEMENT (2-1141) Consider Draft Resolution No. 05-023 granting approve to the petition of Kolter Property Company for a change in zoning from the AR-1 to PUD Island Club zoning district and Final Plmmed Unit Development approval for the project know as Parcel 34 E @ The Reserve Island Club a 19,172 square foot clubhouse with a swimming pool, basketball court, and tennis court- Staff has not received any additional information since April 19, 2005 on the location or the Island Club, Givcn this and as staff is also in the process of reviewing other isslIes related to the Reserve DR!, it is recommended the BCC continue (he hearing to a date certain. Mr. Steve Zacaron, property owner in PGA addressed the Board in favor ofthe Island Club. Ms. Lane, property owner in PGA addressed the Board and to what she felt was the lack of clarity on this issue. She is in favor of the Club House and bought their home because of the Club and stated certain property owners do not speak for those who are in favor of the Club House, She questioned who was opposing the project. Com. Coward stated the Board has not been reviewing this project for several years, It has come to the Board once or twice and had insufficient information. The developer sent out fliers stating this project was near completion when it had not even been presented to the Board £01' review. He is not opposed to the project. Com. Smith informed the public of the Sunshine Law process. Mr. Davidson, Senior Project Manager, PGA Village, addressed the Board's questions, Mr. Davidson stated he joined the company at the first presentation in March. His recollections of the discussion were issues related to traffic and some suggestions that they look at alternative sites. He was not under the impression that it was their obligation to come back to staff or the County Commission to address specifically alternative sites otherwise they certainly would have done so. He stated in meeting with the Commissioners and staff he is not sure there is an alternative location for the Club. Mr. Davidson stated they never took direction or interpreted comments in their appearances before the Commission that they were told emphatically to look or come back with an alternative location. They think the location previously proposed is the best location 1'01' the Club. In April OJ, Parcel 34E received preliminary PUD approv¡tI and was labeled as a ruture recreation site, The Kolter Orgunization was clear and understood IIlL:Y h;1l1 to COI11L: hack hd'ore the ßonrd to present n final site plan and a f:'\cility p1;1I1. ('0111. Cow;ml statL:d he hns no( received any inrormation since their last mccting. Mr. Davidson stated he had attempted to meet with Com. Coward six days ago, however they had conflicting dates, but he was able to meet with the balance of the Board members, the Planning Manager and the County Administrator, 7 "" '-' "WI! '-' KOLTER AUG 2 2005 August 1, 2005 Ms, Faye Outlaw Assistant County Administrator and Acting Growth Management Director St. Lucie County Growth Management Dept. 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 Re: Parcel 34B @ The Reserve - Island Club via fax 772-462-1581 & overnight delivery Dear Ms, Outlaw, In deference to St. Lucie County staff, Kolter Property Company agrees to your request for an additional continuance of the above referenced item. We respectfully request that this itcm be continued for no more than 60 days to a date certain meeting of September 2ih. The project was previously continued from the Board's April 19th meeting to a date certain.of August 2nd, As represented to the Board at this prior meeting we have completed our review of alternate locations for the Island Club, have met with our residents, as well as individual Commissioners, and are prepared to proceed with our original requested location. It is our understanding that due to other concerns regarding The Reserve, county staff is requesting this further continuance. With this in mind, we will not be planning on making a presentation regarding this matter. Should you have any questions, we would be pleased to review them with you at your convenience. Sc~t G. Mo on ,9irector of'Planning and Development Cc Frannie Hutchinson via fax 772-462-1581 Paula Lewis via fax 772-462-1581 Joe Smith via fax 772-462-1581 John Csapo Roy Davidson Doug Coward Chris Craft Pam Hammer via fax 772-462-1581 via fax 772-462-1581 via fax 772-466-6926 KOlTER PROPERTY COMPANY 1 hO 1 rorufII Plm:n, Sullo 005 Wm.tl'ulrn Boach,rlorldo USA 33401 T 561.682.9500 F 561.602.1050 ...... 'IIw ....,; '...I Mr. Davidson stated they would like a date certain for this issue to be heard. He felt they would have the issues concerning the Island Club addressed and resolved prior to September 27,2005. The County Administrator stated he met My. Davidson for the first time on the day. He stated he discussed with him the outstanding issues and that the staff was going to recommend a continuance and he said based on the staff meeting Thursday morning there were many questions and he could not support a recommendation to the Board and this was the first Mr. Davidson had heard about this and he did layout some of the issues that needed to be addressed. Ms. Carolyn Neimzek, Crooked Way resident for 5 years, addressed the Board in favor of the Clubhouse and its location. Mr. I'\:(\:r I'\:rry, I'(ì^ Village resident, addressed the Board ill (¡¡vor of the Clubhouse, Mr. David Mulligan, One Putt Place, PGA Village, addressed the Board in favor of the C1ub and stated he does not see where else the club could be located. Mr. Joe Schriver, Green Briar, PGA Village addressed the Board in favor of the Clubhouse and stated the facility should be placed on the fast track and the other issues can be addressed at a later date. Com, Craft requested clarification of the other issues, The County Attorney clarified the approval process issues with other regulatory agencies ;1I1d he believes Ihe lkveloper was not aware or these isslles until last week. They are not sure there are issues although other residents reel there are. There are regulatory agencies Ihal will weigh in with such issues as mitigation. Com. Coward stated the developer needs to comply with the original development order, They must prove they arc mccting the development order so that they can continue with the project. The Assistant County Administrator stated they are not in the position today to state the developer has met the Board's direction. There are too many unanswered questions at this point and she would not be in a position to recommend to the Board to do anything but allow the time to get definitive answers and bring them back to the Board as well as the resident. My. Valmer Forche, PGA property owner, addressed the Board in favor ofthe facility. He purchased his property on Champion Way because the facility was to be placed across the street. Com. Hutchinson advised Mr. Forche there were issues brought up recently that the developer, herself and the balance of the Board were not aware of. Mr. Uri;1I1 OiL:slwl1, Champiol1 Way, addressed the Board in Caval' oCthc Cacility. Mr. Fred Boch, Champion Way, addressed the Board and stated the people who purchased homes due to this facility being built should not be held hostage to other matters people bring up. Mr, Glen Lane, Putt Place resident, addressed the Board and asked who brought up these questions, The Assistant County Administrator stated when the resolution was being addressed they received a list of questions or concerns from some of the residents in the Reserve about the conditions of the DRI. Those issues led to other questions particularly about the preserves and the acreage required. 8 '- '-' ....,; ....., Com. Smith stated the issue was brought up to the Board that the DRI was not being followed and he knows Mr. Davidson will work diligently to get the Board the information needed, but they need that infonnation before they can make a decision. Mr. Leo Neimzek, Crooked Stick, stated why not just close the project and not let them build another building what it being done does not make sense to him. Mr. Jay Maycumber, lndrio Road resident, address the Board and stated their anger is misdirected, It is Kolter's responsibility to have all the infonnation, Ms. Patricia (unintelligible last name) new resident asked the Board to work a little faster in resolving the questions and informing the developer what is needed so that the project can proceed. Ms. Carolyn Neimzek, Crooked Stick, addressed the Board and stated she could not believe the extensive hearing process before issuing pennits, These issues should have been resolved in the beginning before all road approvals and dedications were given, The Board discussed the date of the continuance of the meeting. Com. Hutchinson clarified the issues pending and asked the petitioner to make sure they address these prior to the set date. The issues are traffic and alternative sites. COIl1. Coward cOll1l1ll.:nll.:d on !Ill: issul.:s. The new issue or the develoPlllent order needs to be addressl.:ll. They nel.:d to show they arc meeting the order. This inrormation nccds to bl.: provided to the Board prior so they canll1ake a sound decision not only on the silc but also the developmcnt ordcr. Com. Lewis disclosed she had met with the developer, Quasi-Judicial. Com. Hutchinson advised the Board she too had met with the representative and the balance of the Board stated the same. Com. Lewis commented on the DR! and the changes made. She advised those present the statute reads that if the requirements of the DR! are not met, she cannot approve new development as well as the other Board members. It was moved by Com, Lewis, seconded by Com. Coward, to continue this item on October 4, 2005 at 6:00 p.m. or as soon as it may be heard, and; upon roll call, motion carried unanimously, 5.1 COUNTY ATTORNEY (3-215) Ordinance No, 05-0 I ()- Stop Gap Ordinance- North County Chnrrette- No action is required at this time. A second reading of the propòsed Ordinance is scheduled for Tuesday, August 16, 2005 at 6:00 P,Il1, or as soon thereancr as it may bc heard. The County Attorney addressed the Board on this item and advised the Board of the added language ("not withstanding section two above the Board may consider the application and after a public hearing grant a waiver".) this may accomplish the disconnect. Also the time section, 180 days, he felt the words "earlier" can be added which was suggested, "of a period of 180 days or the effective date of the Comp Plan Amendment" . Ms. Noreen Drwyer, attomey for property owner, Dale Horton Inc., addressed the Board on this issue, and commented on waiving the Stop Gap Ordinance for someone who is meeting the TVC today. 9 '- '-' ....,; '.J' (\1111. ('oward addressed Ms. lJrwyer's commellts alld staled Ill) did 1101 wish 10 delay lhe process 1'01' any developer who wishes to do the right thing he wants to pulllhelll along with him as rapidly as lhey can and say to Ihelll, "ifyoll do the righl thing YOll will be rewarded and those that choose not to follow the TVC Ordinance will stay back in the place they were before with the exact rights they have today. He would like to create language that allows this to happen and if they can, he would not have a problem moving fOlward. Mr. Paul Scholl, Realtor, addressed the Board in opposition to the Ordinance and stated in his opinion this could be considered a "moratorium". He also gave his opinion on what he felt was the "quality oflife". Mr. Paul Direlli, attorney for applicant who has property in the TVC area, addressed the Board and concun"cd with Ms, Dwyer's comments and asked how long it would take for the process of the waiver and asked more detail be placed on the waiver pl:occdure. Mr. Charles Grande, Hutchinson Island addressed the Board on the term used, "moratorium" and stated he disagreed. He stated we needed to take the time to work out the TVC clement so that we do not do what Broward County has done. He is in favor of the Slop Gap Ordinance being put in place. Mr. John Martin, Johnston Road property owner stated this is more like a "moratorium" because nothing is moving and nothing is being done. He asked if this was going to be last Stop Gap measure they would be looking at. Com, Craft addressed Mr. Martin's question and stated he hoped this would be the last Stop Gap measure, however he cannot guarantee it. Ms. Cynthia Angelos, attorney, stated her client would like to extend their appreciation in the Board's preservation of existing property rights and understands the rationale behind the ordinance and supports it. Ms. Susie Caron, Indrio Road resident, Ihanked the Board for preserving her "quality of lire" and commented in favor of the ordinance. Mr. Jay Maycumber, Indrio Road resident, thanked the Board and was pleased to hear there were developers who ,Ire willing to work within the ordinance and suggested expanding the area. The County Attorney advised the Board he would start the process of drafting additional concurrency language on what was discussed and requested. Ms. Dwyer questioned the ordinance to plat outsidè the urban service district. Com, Coward clarified by stating, " he said there were exceptions to that but largely that is true. This is a lTJute issue in the sense that if the project in its entirety that crosses those lines is consistent with the Charrette then they will consider moving forward with it. No action required. (), (iROWTII MANA(ìEMENT (NOT A PUBLIC IIEARING) (3-1()54) Request of Robert Trenary for final plat approval for the project to be known as First- Replat in Jana Park Subdivisol1- This project is located at the southeast comer of the intersection of Orange Avenue and 1-95.- Consider staff recommendation to approve the final plat of First Replat in Jana Park SID and authorize its final execution. 10 ~' '-' ...., '...I It was moved by Com. Coward, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, motion carried unanimously. ADDITIONS RA-I ADMINISTRATION Consider staff recommendation to consider installing tents previously purchased at the jail facility to house inmates - this item will be discussed on Tuesday, August 9th at 1 :30 p.m. staff was directed to provide infonnation on the legality of where the different levels of inmates mllst be hOLlsed. There being no further business to be brought before the Board, the meetirig was adj 01ll11ed. Chainnan Clerk of Circuit Court 11 ....,; ...., AGENDA REQUEST ITEM NO. C48 DATE: August 2,2005 REGULAR [] PUBLIC HEARING [] CONSENT [XI TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants PRESENTED BY: Bill Hoeffner SUBJECT: Authorize the amendment of Contract C05-02-085 with Guidance Group to increase the maximum Contract payment from $30,000 to $35,000 and to allow work to be completed under this Contract to be for educational, interpretive, directional, and entrance signage at Pepper Park Riverside, Wildcat Cove Preserve, and Indrio Blueway Preserve. BACKGROUND: This project originally was to develop and install educational, interpretive, and directional signage at Pepper Park Riverside. On January 5, 2005 proposals were opened for RFP #05-013, Guidance and Interpretive Signage. Eight hundred and twenty-two (822) vendors were notified, thirty-two (32) documents were distributed, and three (3) responses were received. A Selection Committee met on January 25, 2005 to review and rank the proposals. The committee short-listed the proposals as follows: First - Guidance Group, Second - Wilderness Graphics, Third - Land Design Innovations. On 2/8/2005, the BOCC approved the awarding of the contract to Guidance Group. Since then, a need has been identified to expand the signage project to Wildcat Cove Preserve, which is immediately adjacent to Pepper Park Riverside and for similar signage at Indrio Blueway Preserve, a preserve acquired and restored with financial assistance from three grant sources. The signage at Indrio Blueway Preserve will serve to recognize these grant sources and provide informational and directional guidance to the site. An amendment to Contract C05-02-085 is therefore being requested to include additional signage at Wildcat Cove Preserve and Indrio Blueway Buffer in the Contract. FUNDS AVAIL. : No additional funding is required to expand the signage project at Pepper Park Riverside to the adjacent Wildcat Cove Preserve, The $5,000 for signage at Indrio Blueway Preserve is available in Mosquito Control District Fund 145821-6230-563000-6955. PREVIOUS ACTION: On 2/8/2005, the BOCC approved the awarding of Contract C05-02-085 in the amount of $30,000 for the signage project at Pepper Park Riverside, RECOMMENDATION: Staff recommends the Board authorize the amendment of Contract C05-02-085 with Guidance Group to increase the maximum Contract payment from $30,000 to $35,000 and to allow work to be completed under this Contract to be for educational, interpretive, directional, and entrance signage at Pepper Park Riverside, Wildcat Cove Preserve, and Indrio Blueway Preserve. [x] [ ] APPROVED OTHER: [ ] DENIED Approved 5-0 OON2 4as Anderson ---.... County Administrator COMMISSION ACTION: County Attorney: Originating Dept: Finance: ~ Purchasing: Other: Mgt & Budget: Public Works: '-' '-' ...., ..., ITEM NO. CA-1 DATE: 8/2/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker, Purchasing Director SUBJECT: Permission to advertise a Request for Proposal (RFP) for Air Quality Consultants for the review of documents pertaining to the proposed Florida Power and Light Coal-Fired Power Plant BACKGROUND: N/A FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests permission to advertise a Request for Proposal (RFP) Air Quality Consultants for the review of documents pertaining to the proposed Florida Power and Light Coal-Fired Power Plant. COMMISSION ACTION: ~ APPROVED () DENIED ( ) OTHER Approved 5-0 o ANDERSON COUNTY ADMINISTRATOR Coord i nation/Sianatures Mgt. & Budget ( ) Other ( ) Purchasing (X) '. ~Q ~ County Attorney (X) /.k. Originating Dept. ( ) Other ( ) Finance: (check for copy, only if applicable)_ AGENDA REQUE'TT ..., ITEM NO. C4A DATE: August 2, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY (DEPT): Grants Bill Hoeffner. Grants Writer SUBJECT: Authorize the acceptance of a grant from the U.S. Natural Resources Conservation Service Wetland Reserve Program in the amount of$178, 121 for restoration of the recently acquired 316-acre Teague property. BACKGROUND: On 9/1/04, Florida Communities Trust (FCT) awarded St. Lucie County a grant of $2.38 million to acquire the 319-acre Teague parcel. The grant also assisted the County's acquisition of adjacent parcels. A significant portion of the Teague parcel is improved pasture land. The FCT grant requires restoration activities to include the removal of exotics and the leveling of approxmately 11,300 linear feet of ditches that negatively impact the hydrology of the site. Funds from the Natural Resources Conservation Service grant will assist in paying for these restoration activities. FUNDS AVAILABLE: The Natural Resources Conservation Service grant requires a 25% match of $59,374. Funds available in the Environmental Lands Capital Fund {382-3920- 599300-300) will be utilized for the required match. PREVIOUS ACTION: On 12/21/2004, the Board approved the submittal of the grant application to the Natural Resources Conservation Service for restoration of the Teague property. RECOMMENDATION: Staff recommends the Board authorize the acceptance of the grant from the Natural Resources Conservation Service. COMMISSION ACTION: XAPPROVED '[lOTHER: [] DENIED Approved 5-0 Dougl sM. Anderson County Administrator Review and A County Attorney: Originating Dept: Finance: Management & Budget: ~ Purchasing: Other: Other: (Check for Copy only, if applicable) Effective: 5/96 """ AGENDA REQUEST-' ITEM NO. RAt DATE: August 2, 2005 REGULAR [X] PUBLIC HEARING [] CONSENT [] TO: Board of County Commissioners SUBMITTED BY WEPT): SUB1ECT: Staff requests Board consideration of installatio of tents at the jail facility. BACKGROUND: Please see the attached memorandum FUNDS AVAILABLE: N/ A PREVIOUS ACTION: Board approved purchasing tents, beds and fixtures in the amount of $70,597.68 July 27, 2004 agenda item attached. RECOMMENDATION: Staff recommends the Board consider installing tents previously purchased at the jail facility to house inmates. .!1. APPROVED """OTHER: [] DENIED COMMISSION ACTION: Continued to 8/9/05 discussion with the Sheriff. Doug as M. Anderson County Administrator Review and Approvals County Attorney: Management & Budget: _ Originating Dept: - Other: Finance: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 '-' '-' ~ '..I COUNTY ADMINISTRATION MEMORANDUM 05-96 Board of County com-# Douglas M. AndersoiW'ty Administrator TO: FROM: DATE: August 2, 2005 RE: Installation of Tents at the Jail Facility BACKGROUND: The Public Safety Coordinating Council met Thursday, July 28, 2005. The Sheriff discussed with the Committee the jail overcrowding with a PowerPoint presentation by Major Tighe, Based upon the 794 Bed Certification provided by the St. Lucie County Fire District and the Sheriff's request for additional beds, staff is requesting that the eight tents previously purchased by the Board of County Commissioners be erected adjacent to the jail. Each tent will house 16 inmates, thereby providing 128 additional beds. This will provide us with a total certified capacity of 922 Beds. Pod I, which is scheduled to come online August 22,2005, will provide an additional 265 beds, bringing the total jail capacity to 1,178 beds. The inmate count as of July 28, 2005, at 5:39 a.m. was 1,186. As previously discussed, staff will be presenting at the August 9th Board of County Commissioners meeting, a short-term, intermediate-term, and long-term plan to address overcrowding. RECOMMENDA TlON: Staff is recommending the erecting of eight tents as part of the short-term plan, and opening Pod I until Pod II is ready, DMA/ms 05-96 c: Public Safety Coordinating Council Buddy Emerson, Battalion Chief - Fire Marshall Ray Wazny, Assistant County Administrator Fay Outlaw, Assistant County Administrator Dan Mcintyre, County Attorney Roger Shinn, Director Central Services \.r' '-' ...,.¡ .~ t:- o >- = '-' '-' ...." ....., AGENDA REQUEST ITEM NO. R A-1 DATE: July 27,2004 REGULAR [x] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ROGER A. SHINN DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: THE PURCHASE OF TENTS AND NECESSARY ITEMS FOR MINIMUM-SECURITY INMATES AT ROCK ROAD CORRECTIONAL FACILITY AND RETRO-FIT DORM A-1 TO MEDIUM SECURITY. ($74,360 Construction and $36,238 Furniture/Equipment) BACKGROUND: SEE ATTACHED MEMO FUNDS AVAIL: 310003-1930-562000-100 (Impact Fees - Public Building) PREVIOUS ACTION: NIA RECOMMENDATION: Staff is requesting a Bid Waiver and emergency purchase of tents and necessary items to establish this arrangement at the Rock Road Correctional Facility at a cost not to exceed $111,000 including furniture and fixtures. MISSION ACTION: Da APPROVED [] DENIED r1 OTHER: Approved 5-0 ENCE: Coord~nat~on/Siqnatures County Attorney: Mgt. & Budget: Purchasing Mgr.: Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable) Elf. 1/97 C:\COCUMENTS AND SETTINr.~\ADMTNISTRATOR\OESXTOP\AGENDA-JÄrL TENT.DOC '-" '-' ....,; ., MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: Board of County Commissioners FROM: Roger A. Shinn, Director DATE: July 23, 2004 SUBJECT: Rock Road Jail Inmate Housing Facility/Minimum-Security ............................................................................... In an effort to approach the need for additional inmate housing at Rock Road Jail in a cost effective manner, staffhas been directed to go with tent housing for the minimum-security inmates. This type of structure has been utilized to house minimum-security inmates in the past at this location, and still remains a most economical solution. Below is a breakdown of cost associated with using US Military General Purpose Tent Systems, To house ninety-six inmates, staffwill need to purchase eight tents and each tent will measure 16' x 32' and house approximately twelve (12) inmates, Each tent will require a 16' x 33' concrete slab; three already exist, so staff will need to add five additional pads for the tents. CONSTRUCTION ITEMS COST · US Military General Purpose Tent System: · (Eight @ $1,795.00 each/includes shipping) · Electrical: · 16'x33' Concrete Pads (5): · Permitting: $15,360,00 SUB-TOTAL COST: $ 6,000.00 $13,000.00 $ $34,360.00 · Fencing for retro-fit Dorm A-I to med. Security: TOTAL COST: $40.000,00 $74,360.00 ADDITIONAL ITEMS · Fixtures, Furniture, Equipment: COST $36,237.68 JJ ì. 26 ' Î') r, ~ ~ \...; '-' ...,.¡ '. ^ ~!j 9 P. 1 "wi FAX TRANSMITTAL ST. LUCIE COUNTY SHERIFF'S OFFICE 4700 WEST MIDWAY ROAD FORT PIERCE, FL 34981-482.5 . PHONE (772) 462~7300 FAX (772) 462-3362 DATE:'!/JJ,/~ FAX#: 1Jt-#f¡ µ - '5~7nU Number of pages: ð (including cover sheet) FROM: Uc.1~ ~~f 2~//'Ý$ D TIME: COMMENTS: PLEAS'" CALL (772~ 1· ~ ~MOULO YOU HAVE ANY PR06LEMS WITH THIS FAX TAANSMISSION J u 1. 2ó. 20r' - i3P~/ '-' '-' ...,.¡ 020Q P. ¿ ..; MEMORANDUM To: Roger Shinn, Central Services St. Lucie County Major F, Patriok Tì¡he, Director '¢f7 Department of Detention Front Date: July 26, 2004 Subject: Furniture, FIXture and Equipment - Tent City I have attached an itemized Furniture, Fixture and Equipment budget ofS18,188.84 that is required to operate a so bed prisoner unit. The current plan for temporary structure is to house 100 prisoners, which will increase this budget proportionately to $36,237.68. If you have any questions or require clarification on any oftbe items. please ca!1 me directly at 462·3396. c: wI attachment Garry Wilson. Chief Deputy Toby Lons. Finance Director File . ' · ,', ,','" ...'. ., . '. . · .','~' '. , ' f, ',' ',' ,', .:; ," '. .'. :: ;,:~ , ~' , .1. ",'; "', ". ,~ " . ";'1' : i;j..',:, ,. . .' .': ~.: .' ., , . L ,;' : .~~: ", ,,' ',':',': i · ,'I;·:' ':ft ,"/:,. .' .'. -~" '" ... ..," . '.' l..' .. ~.' .' " · " " '. · " ,', , ,',' I" " " ", " ¡.- co, ",,1 '..,; , 1',1, "': : I.. , , ~.- . · , , I ": .' ,." .... .' ":'.' ~~.,;~1, 26, 21~(¡ '3 ~~ln4623457 \.- '-' 5LC JAIL S'_FP~Y ~r¿li~ r, j "'.. ...,.¡ 41 ..",. "" ¡ ITEMS QTY, COST EXTENDEþ COST ~TORAGE LOCKER 411.4' 1 1~6.9S 156.95 CHAIRS (DEPUTY'S) 1 128.34 128.34 PHONES 1 24.95 - 24.95 . FILE CABINET (2 DRAWER) 1 81.40 81.40 , LAUNDRY & LINENS $0 69,76 3,488.00 CLEAN1NG 1 2~9.86 229,86 I SUPPLŒS~CHENUCALS , MATTRESS &PILLOW . SO 66.68 3,334,00 FJ:RE EXTINGUlSHERS(5#ABC) 2 57.00 1 ~4.00 FOOD CART 1 650.00 . . 650,00 : FOOP 1M YS , SO 15,00 750,00 Btn\"KS (DOUBLE 27"x76"xS2") 2S 280.00 , ,000.00 , 25"T,V. 1 250.00 250,00 10 GAL. WATERIŒO 1 43.15 43.15 -- WATER KEG CMT 1 99,85 99,85 ! JANITORIAL CART I 104.95 104.95 , -- MOP BUCKET &WRINGER 1 48.47 48,47 : , HAIR .CUP?ERS 2 64.24 128.48 MAG UTES 1 78.00 78.00 FIRST AID KIT ] 70.12 70.12 -- GARBAGE CANS 2' 6'9.16 138.32 COMPUTERkHARDW ARE 1 1,200.0( 1,200.00 TOTAL $18,118.84 . , " ',' ..'" R e c e ¡ ~ d T I IT! C J u!. 26, 2: 21 PM ....... '-' ...,.¡ ...; BOARD OF COUNTY CONNIUIONERJ ADDITIONJ AGENDA Au,utt 2, :&001 REGULAR AGENDA RAt. ADMINISTRATION Staff request Board consideration of installation of tents at the jail facility - Consider staff recommendation to consider installing tents previously purchased at the jail facility to house inmates. CONJENT AGENDA (! c JuflD CAt. PURCHAJING Permission to advertise a Request for Proposal (RFP) for Air Quality Consultants for the review of documents pertaining to the proposed Florida Power and Light Coal-Fired Power Plant - Consider staff recommendation to grant permission to advertise a Request for Proposal (RFP) Air Quality Consultants for the review of documents pertaining to the proposed Florida Power and Light Coal-Fired Power Plant. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action tal?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) 462-1m or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. -' '-" AGENDA REQUEST .."", ~EM NO, 5A ~ DATE: August 2 2005 REGULAR [ ] PUBLIC HEARING [x ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: ORDINANCE 05-004 - SIGNS BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: Permission to advertise waS granted by the BOCC on April 12, 2005 for public hearings before the Local Planning Agency and the Board of County Commissioners. Ordinance 05-004 was approved by the Local Planning Agency on May 11, 2005, The first public hearing on this matter was held on Tuesday, June 7, 2005. RECOMMENDA TION CONCLUSION: Staff recommends that the Board of County Commissioners approve Ordinance No. 05-004 and authorize the signing of the Ordinance. COMMISSION ACTION: [}Q APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 ouglas M. Anderson County Administrator [X] Co""y At'O'"'Y'~ [ Review and Approvals ]Management & Budget: [ ]Purchasing: [ ] Solid Waste Mgr [ ] Comm. Development.: [ J Public Works Director [ ]Finance:(check for copy only. if applicable) Effective 5/96 .. \..f '-' ...", ....., INTER-OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney JI.. (f'\' 5 C.A. NO: 05-811 DATE: July 27, 2005 SUBJECT: ORDINANCE 05-004 - SIGNS BACKGROUND: Attached to this memorandum is a copy of proposed Ordinance No. 05-004 which would amend the following Land Development Code Sections regarding Signs. 9.01.02 9.02.01 9.02.02 9.03.00(H) 9,04.01 Authorized Temporary Signs On-Premises Signs Off Premises Signs Prohibited Signs Permit Exceptions The revisions have been drafted in light of recent court decisions holding that the local government's sign codes were unconstitutional and a prohibited content-based restriction on speech. The definitions of "on-premises" and "off-premises" signs have been eliminated, as they are inherently content-based. The section on authorized temporary signs has been amended to attempt to treat all temporary signs allowed by the Code similiarly. Temporary signs allowed by the code without a permit would include: A. Real Estate Signs B. Construction Project Signs C. Political Signs D. Residential Temporary Signs Construction project signs must be removed prior to certificate of occupancy. Real estate signs and political signs must be removed within ten days. Failure to remove the signs as required would be a violation of the code and would be enforceable via the Code Enforcement Board. The Code Enforcement Board, after finding a violation, may levy a fine .... '-' '-' .."", ~ . of up to $250 per day for a violation and $500 per day for a repeat violation. Size limitations of signs cannot be based on the content of the signs. Therefore, the size of un-permitted authorized temporary signs is based on zoning districts, with Construction and political signs size not being identical. Real estate signs is further broken down by the size of the parcel. A new subsection was created under the authorized temporary signs to allow noncommercial messages to be errected in residential zoning districts. The ordinance does prohibit all signs in public rights-of ways. Subsection 9.05.00B clarifies that the County, via the Public Works Director, may direct removal of any sign that is an immediate and extreme danger to public safety. Additionally, the County may remove any sign placed in public rights-of-ways. Authorized temporary signs for which allowable time of display has expired and for which the sign owner cannot readily be located or identified, shall be deemed abandoned and may be removed at the direction of the Public Works Director Section 9.04.01 Permitting creates a time frame for the County to process the sign permits and provides for an appeal to the Board of Adjustment in the event a permit is denied. Permission to advertise was granted by the BOCC on April 12 ,2005 for public hearings before the Local Planning Agency and the Board of County Commissioners. Ordinance 05-004 was approved by the Local Planning Agency on May 11, 2005. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board of County Commissioners approve Ordinance No. 05- 004 and authorize the Chairman to sign the Ordinance. Respectfully submitted, ~s KMS/cb Attachment Katherine Mackenzie-Smith Assistant County Attorney - . , ~ '-' ...,.¡ ...., ORDINANCE NO. 05-004 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, BY AMENDING SECTION 2.00.00 DEFINITIONS BY AMENDING VARIOUS DEFINITIONS ASSOCIATED WITH SIGNS, BY AMENDING SECTION 9,00.00 PURPOSE, 9.01.02E POLITICAL SIGNS, 9.02.01 ON-PREMISES SIGNS, AND SECTION 9.02,02, OFF PREMISES SIGNS, AND AMEND SECTION 9.04.00 PERMITTING AND EXCEPTIONS TO CREATE AN APPEAL PROCESS FOR DENIAL OF SIGN PERMITS; AND SECTION 9.05.00 NONCONFORMING SIGNS TO CHANGE DEFINITION, BY AMENDING SECTION 11.05.01 SIGN PERMIT; PROVIDING 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 St. Lucie County, Florida, has made the following determination: 1, On August 1,1990, the Board of County Commissioners of S1. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-03 - 91-21 - 93-01 - 93-05 - 93-07 - 94-1 8 - .95-01 - 97-01 - 97 -23 - 99-02 - 99-04 - 99-15 - 99-17 - 00-10 - 00-12 - 01-03 - 02-009 - 02-029 - 04-002- 04-033 - 91 1991 993 93 "." ay 25, 199'3'" 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 December 7,2004 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 20, 1999 November 2, 1999 June 13, 2000 June 13, 2000 June 24, 2002 October 15, 2002 October 7, 2003 April 20, 2004 March 15, 2005 "0 -17 - -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 - 02-005 - 02-020 - 03-005 - 04-007- 05-001 - 3. On May 11, 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 G,\ATIY\ORDNANCE\2005\05-004 rev. 7-27-05.wpd '-' '-' ....,; ...,J prior to the hearing and recommended that the proposed ordinance be approved. 4. On June 7, 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 May 25, 2005, 5. On ,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 , 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: G:\A TTY\ORDNANCE\2005\05-004 rev. 7-27 -05.wpd \..f '-' ...,.¡ ...."J CHAPTER II DEFINITIONS 2,00 DEFINITIONS ACCESSORY USE through BEST MANAGEMENT PRACTICE remain unchanged. BILLBOARD: Bee "Off r'remi3C3 Gigr;". A siqn that is not otherwise allowable within a particular zonina district under Section 9.01.01 of this Code. BOARD OF ADJUSTMENT through COLLECTOR ROAD OR STREET remain unchanged. COMMERCIAL: A commercial messaqe on a siqn is one that promotes a privately-owned business or establishment offerinQ a product. service. activity. or admission. COMMERCIAL VEHICLE through MULTIPLE-MESSAGE SIGN remain unchanged. NAMEPLATE: A Generally. a sign indicating the name or addrcss of and other information pertaininq to the occupant or resident of the dwelling unit or other buildina to which it is attached; provided. however, that a nameplate may contain any other information chosen by the property owner or occupant if all other requirements of this chapter are met. NATIONAL GEODETIC VERTICAL DATUM (NGVD) through NURSING HOME remain unchanged. orr rRCMISCS SIGN, A gigFl that ae vCrti3C3 51 eircct3 atteFltiGFI tð a U3C, c3tablishn ,CFlt, product, er gar.ice located ðr availablc 151'1 the 3al"C preFl,igag. -YEAR STORM remain OPEN SPACE through POLITICAL SIGN remain unchanged. PORTABLE SIGN: A movable sign not permanently attached to the ground. but not includinQ a temporarv siqn otherwise allowable under this Code. -It The term may include. without limitation. "trailer," "sidewalk" or "sandwich" signs. POTABLE WATER through SIDEWALK OR SANDWICH SIGN remain unchanged. SIGN: Any exterior identification, description, illustration, or device that directs attention to a product, service, place, activity, person, establishment, institution. idea, orqanization, or business, or any emblem, painting, banner, pennant, placard, or temporary sign designed to advertise. The term "siqn" shall not include any noncommercial messaqe displayed in the window, and entirely within the window area. of any lawfully existinQ buildinQ. SIGN AREA through SITE-RELATED RIGHT-OF-WAY DEDICATIONS remain unchanged. SNIPE SIGN: A small sign of any material, including but not limited to paper, cardboard, wood. or metal, that is tacked, nailed, pasted, glued, or otherwise attached to trees, poles, fences, or ötI'tef similar objects, and whose advertising matter appearing thereon is not applicable to the premises G:\A TTY\ORDNANCE'\2005\05-004 rev. 7-27 -05.wpd '-' '-' ...,.¡ -...I upon which said sign is located. SPECIAL EVENT SIGN through TINTED GLASS remain unchanged. TRAILER SIGN: Anliccnsed 6r ul'lliecFlscd advertising structure mounted on skids, wheel, or wheels and constructed for the sole purpose of advertising, whether or not reaistered to travel on the public roads. TRANSIENT LODGING FACILITIES through VEGETATION INVENTORY remain unchanged. VEHICULAR SIGN: A sign affixed to a vehicle or trailer for the purpose of advertising. For the purposes of this Code, such signs this definition shall only be applicable when said vehicle or trailer is temporarily or permanently located on a parcel for the primary purpose of conveying a business commercial message. WALL FACE through ZONE OF PROTECTION remain unchanged. G:\ATTY\ORDNANCE\2005\05·004 COV. 7-27·05.wpd 9.00.00 9.01.00 9.01.01 9.01.02 A. B. C. "-' '-' """'" ....J CHAPTER IX SIGNS TABLE OF CONTENTS PURPOSE ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 _ 1 PERMITTED PERMANENT AND AUTHORIZED TEMPORARY SIGNS ............... 9. 1 PERMITTED PERMANENT SIGNS .,..................".............. 9 _ 1 AGRICULTURAL - 1 (AG-1 ); AGRICULTURAL - 2.5 (AG-2,5); AGRICULTURAL - 5 (AG-5) ...........,.........................,..................." 9 _ 1 RESIDENTIAUCONSERVATION (RlC); AGRICULTURAL RESIDENTIAL (AR-1); RESIDENTIAL ESTATE-1 (RE-1); RESIDENTIAL, ESTATE-2 (RE-2); RESIDENTIAL, SINGlE-FAMll Y-2 (RS-2); RESIDENTIAL, SINGlE-FAMll Y-3 (RS-3); RESIDENTIAL, SINGlE-FAMILY-4 (RS-4); PLANNED MIXED USE DEVELOPMENT (PMUD) - RESIDENTIAL (LOW INTENSITY) . . . . . . . . . . . . . . . . . . . .. 9 - 3 RESIDENTIAL, MOBILE HOME-5 (RMH-5); RESIDENTIAL, MUL TIPlE-FAMll Y-5 (RM-5); RESIDENTIAL, MULTIPLE-FAMILY-7 (RM-7); RESIDENTIAL, MUlTIPlE- FAMIL Y-9 (RM-9); RESIDENTIAL, MUlTIPlE-FAMIL Y-11 (RM-11); RESIDENTIAL, MUl TIPlE-FAMll Y-15 (RM-15); PLANNED UNIT DEVELOPMENT (PUD); RECREATIONAL VEHICLE PARK (RVP); HUTCHINSON ISLAND RESIDENTIAL DISTRICT (HIRD); PLANNED MIXED USE DEVELOPMENT (PMUD) - RESIDENTIAL (MEDIUM AND HIGH INTENSITIES) . . . . . . . . . . . . . . , . . . . . . . .. 9 - 5 COMMERCIAL, OFFICE (CO); PLANNED MIXED USE DEVELOPMENT (PMUD) - PROFESSIONAL SERVICE/OFFICE (LOW, MEDIUM, AND HIGH INTENSITIES) . . . . . 9 - 7 COMMERCIAL, NEIGHBORHOOD (CN); INSTITUTIONAL (I); RELIGIOUS FACILITIES (RF); PLANNED MIXED USE DEVELOPMENT (PMUD) - INSTITUTIONAL (LOW, MEDIUM, AND HIGH INTENSITIES), GENERAL COMMERCIAL (LOW INTENSITY), AND PUBLIC SERVICE/UTILITIES (LOW INTENSITY) . . . . . . . . , . . . . . . . . . . . . . . . . . . . .. 9-9 COMMERCIAL GENERAL (CG); INDUSTRIAL LIGHT (Il); INDUSTRIAL HEAVY (IH' INDUST .EXTRACTIO IX); [tf NED MIXED USE D . .'." E D) - GEI\I C IAL (M IGH INTENSITIES), PlÌßLlC C (MED . HI SITIES), DUST RIAL (MEDIUM AND HIGH INTENSIT . . . . . . . . . . . . . . . . . . . . , 9 - 10 A. 8, C. D. E. F. D. E. iÐij ALi¡ 1!:!P~IZED . . SIG . . .. . . .. .. . .. . .. .. . .. .. .. . . . .. .. 9 - 12 REÀL"ESTATESIGNS ..':.....................,..,................... 9 - 12 CONSTRUCTION PROJECT SIGNS: ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 - 14 TEMPORARY SPECIAL EVENT PROMOTIONAL FLAGS, BANNERS, AND PENNANTS REQUIRING A PERMIT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 - 15 PROJECT MARKETING SIGNS ,............................"......... 9 - 15 POLITICAL SIGNS ,.,...............................,............... 9 - 15 9.02.00 GENERAL PROVISIONS .................................................... 9 - 16 9.02.01 Ot PRCMISC!> SIGNS OTHER THAN BillBOARDS. . . . . . . , . . . . . . . . . . . . . . . 9 - 16 A. WAll SIGNS ........................ _ . . . . . . . , . . . . . . . . . . . . . . . . . . . . . 9 - 16 B. MANSARD AND MARQUEE SIGNS .........,.......................... 9 - 16 C. PROJECTING SIGNS. . . . . . . . . . . . . . . . . . . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 - 16 D. GROUND SIGNS ................,.,........,....................... 9 - 17 E. PEDESTRIAN SIGNS. . . . . . . . , . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 - 18 F. CANOPY SIGNS. . . . . . . . . . . . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . , . . . . 9 - 18 9.02.02 ON PRCMISCS SIGNS BillBOARDS ...............",................ 9 - 18 G.\ATnI\ORDNANCE\2005\05-004 rev. 7-27-05.wpd '-' '-' ...,.¡ ~ 9.03.00 PROHIBITED SIGNS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . 9 _ 19 9.04.00 PERMIT EXEMPTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 _ 21 9.05,00 NONCONFORMING SIGNS ..............................,......,............ 9. 23 A. GENERAL ..,... . . . . , . . . , . . . , . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 _ 23 B. CONTINUATION OR REMOVAL. . . . , . . . . . . . . . . . . . , . . . , . . . . . . . . . . . , . . . . , 9 - 23 C. STRUCTURAL ALTERATIONS. . . . . . . . . . . . . . . , . . . , . . . . , . . . . . . . . , . . . . . . . 9 _ 23 D. NATURAL DAMAGE ......... . . . . . , . . . . . . . . . . . . . . . , . . . . . . . . . . , . . . . . . . 9 _ 23 E. ON PRCMISCS SICNS BILLBOARDS WITH LESS THAN THE MINIMUM SEPARATION .,......".......................,....... 9 _ 23 F. REMOVAL OF NON-CONFORMING FLAGS. BANNERS. AND PENNANTS. . . . . . 9 - 24 G:\"Tn'\ORDN"NCE\2005\05-004 rev. 7-27-05.wpd '-' '--' ..I ...." CHAPTER IX SIGNS 9.00.00 PURPOSE The purpose of these sign regulations is to establish requirements for the size, character, appearance, location, installation and maintenance of signs in order to promote ffiOtOFi3t public safety, preserve and protect the visual beauty of the landscape and promote the general health, welfare and safety of the citizens of St. Lucie County. The Board of Countv Commissioners, after public hearinQ, finds that these reQulations are necessarv to maintain and enhance the visual beauty of the County, to maintain and enhance the safety for those usinQ the public riqhts of way and other areas open to vehicular and pedestrian traffic, to protect private property riQhts and property values, and to provide citizens and businesses with ample and effective opportunities for identification, advertisinQ, and the expression of ideas. 9.01.00 PERMITTED PERMANENT AND AUTHORIZED TEMPORARY SIGNS 9.01.01 PERMITTED PERMANENT SIGNS The following signs or advertising structures of a permanent nature shall be permitted within the following zoning districts: A. AGRICULTURAL - 1 (AG-1 ); AGRICULTURAL - 2.5 (AG-2.5); AGRICULTURAL - 5 (AG-5) TYPE OF SIGN MAXIMUM NUMBER MAXIMUM SIZE MAXIMUM HEIGHT OTHER STANDARDS Name lates non-illuminated Ground or Wall Signs 1 doub single·fa g signs per entrance to residential dev., farm, or ranch. · non-ilium.. externally ilium., or illuminated by a light source which is placed between a background and opaque lettering, artwork, or logos · Reduce max. sign area by 50% if entrances are located less than 300 ft. of one another. Directional Signs 6 sJ. nfa non-illuminated Of( r'rel "i5~. S:ê',J Billboards nfa 378 sJ. . 50 ft. above . Only permitted along 1-95 and crown of road or the Florida Tumpike. finished grade. · 1,500 feet apart on same side of road. · 200 foot min. separation from residential zones. · See Section 9.02.02 for general elf- rrt:Ff1ÌJe:33i§f\3 billboard provisions. PubliC Utility SiQns nla nfa nfa nfa G:\ATTY\ORDNANCE\2005\05-004 rov. 7-27-05.wpd 9.1 '-' '-' ...,.¡ .....,¡ 1. One (1) non-illuminated nameplate per dwelling unit or structure which shall not exceed three (3) square feet in sign area. 2. One (1) double-faced, on premiJC3 ground sign or two (2) single-faced, 019 I'rcl9 ,i3c3 wall or ground signs, located at each I'riflcil'lc principal entrance into a residential development, farm, or ranch, as generally depicted in Figure 9-1. Wall signs shall be located on opposite sides of such entrances. FIGURE 9-1 DRIVEWAY OR NTERSECTlN~ STREE'.;) SIGN FACE H : ---;. 101 ' ~-----~------------------~------- ONE DOUBLE-FACED, ON PREMISES GROUND SIGN D SIGNS Such signs shall only be non-illuminated, externally illuminated, or shall be illuminated by a light source which is placed between a background and opaque lettering, artwork, or logos. No such ground or wall sign face shall exceed thirty-two (32) square feet in size and shall not exceed ten (10) feet in height. Where the distance between the nearest edges of separate entrances to the same residential development, farm, or ranch is less than three hundred (300) feet, as measured along the right-of-way of the abutting street, the maximum permitted sign area (indicated above) at such entrances shall be reduced by fifty (50) percent (Figure 9.2). 3. Non-illuminated directional signs which shall not exceed six (6) square feet each in sign area, may be installed as needed necessary for safety. 4. Off premises sigF13 Billboards shall only be permitted on properties which are physically contiguous to 1-95 and the Florida Turnpike. located so as to be visible from such hiqhway, and as further restricted in Section 9.02.02(A). Such signs shall not be spaced less than one-thousand five hundred (1,500) feet from another off premi3e3 3ign billboard which is on G'IATTYIORDNANCEI2005ID5-004 rev. 7-27-05.wpd 9.2 '-' '-' ...,.¡ ...,J the same side of, and is directed at, the same highway. ~. Public utilitv siqns, identifvinq the location of underqround lines, hiqh voltaqe areas. or the like, as needed for public safety purposes may be permitted if located so as not to create public safety hazards or interfere with riohts-of-wav maintenance, in the iudqement of the Director of Public Works or his desionee. FIGURE 9-2 IF THIS DISTANCE IS LESS THAN 300 FEET, THE SIGN AREA MUST BE REDUCED BY 50% n Hn n ____ n_~R"EWAY_! __ __ __ n____ __Un. DRIVEWAY L ----. ----."--..----- STREET n__n . nnu nn __ n .U. n RIGHT-OF-WAY LINE __ Un. __ __ __Un __ n _ I- W W c::: I- cr;¡ IF THIS DISTANCE IS LESS THAN 300 FEET, DR"EVII" THE SIGN AREA MUST BE REDUCED BY 50%) ; n -- n --/-DRIVEWA,--IL nn ---- --- n--n-=D -_.._- --- -_. --- -.---.- _.. B. RESIDENTIAL/CONSERVATION (RlC); AGRICULTURAL RESIDENTIAL (AR-1); RESIDENTIAL ESTATE-1 (RE-1); RESIDENTIAL, ESTATE-2 (RE-2); RESIDENTIAL, SINGlE-FAMll Y-2 (RS-2); RESIDENTIAL, SINGlE-FAMll Y-3 (RS-3); RESIDENTIAL, SINGlE-FAMll Y-4 (RS-4); PLANNED MIXED USE DEVELOPMENT (PMUD) - RESIDENTIAL (LOW INTENSITY) I TYPE OF.SIGN I MAXIMUM NUMBER MAXIMUM SIZE MAXIMUM OTHER STANDARDS HEIGHT Nameolates 1 per dwelling unit 3 sJ n/a non~j umina1ed G, IA TIYIORDNANCE12005105-004 rev. 7-27 -05.wpd 9.3 \..f '-' ~ .,¡ Ground or Wall Signs 1 double-faced ground or 2 32 sJ. 10 feet . non-ilium., extemally ilium., or single-faced wall or ground illuminated by a light source signs per entrance to which is placed between e residential dev., farm, or background and opaque ranch lettering artwork or logos. . Reduce max. sign area by 50% if entrances are located less than 300 ft. of one another Directional Signs t,9 "eeeed One Der lawful 6 sJ. nla non-illuminated driveway: otherwise'as necessary for safety Public Utility Sicns nla nla nla nla 1. One (1) non-illuminated nameplate per dwelling unit which shall not exceed three (3) square feet in sign area. 2. Non-illuminated directional signs which shall not exceed six (6) square feet each in sign area may be installed as nccded necessary for safety. 3. One (1) double-faced, 01'1 ¡:¡remises ground sign or two (2) single-faced, ðFl ¡'jfë:mi3c3 wall or ground signs, located at each principle entrance into a residential development, farm, or ranch, as generally depicted in Figure 9-3. Wall signs shall be located on opposite sides of such entrances. -3 0>:8\,<,,,,,,,,:\:81 ~f ~t~~ TR~~ SIGN FA~ ~ ----------~~--------------- ONE DOUBLE-FACED, ON PREMISES GROUND SIGN DRIVEWAY OR INTERSECTING STREET ./ SIGN FACE I" ~ ------------ ---~---------------- TWO SINGLE FACED, ON-PREMISES WALL OR GROUND SIGNS G:\ATIY\ORDNANCE\2005\05-004 rev. 7-27-05.wpd 9.4 '- ....... ...,.¡ ..¡ Such signs shall only be non-illuminated, externally illuminated, or shall be illuminated by a light source which is placed between a background and opaque lettering, artwork, or logos. No such ground or wall sign face shall exceed thirty-two (32) square feet in size, and shall not exceed ten (10) feet in height. Where the distance between the nearest edges of separate entrances to the same residential development, farm, or ranch is less than three hundred (300) feet, as measured along the right-of-way of the abutting street, the maximum permitted sign area (indicated above) at such entrances shall be reduced by fifty (50) percent (fjgure 9-4). FIGURE 9-4 n n n!:r:~~T~:~~~¡gO"''''n n.. n ~~,~,¡ ... ...... n STREET __._________..__..u.__._________d__..__ - RIGHT-OF-WAY LINE -- -- ------------------- U I- , W DRIVEv..¡t.y W , a: I- C/) 4. Pubiic utility siQns. identifyinq the location of underqround lines. hiqh voltaqe areas, or the like, as needed for pUblic safety purposes may be permitted if located so as not to create public safety hazards or interfere with riqhts-of-way maintenance, in the iudqement of the Director of Public Works or his desiqnee. C. RESIDENTIAL, MOBILE HOME-5 (RMH-5); RESIDENTIAL, MUL TIPLE-FAMIL Y-5 (RM-5); RESIDENTIAL, MUL TIPLE-FAMIL Y-? (RM-7); RESIDENTIAL, MUL TIPLE-FAMIL Y-9 (RM-9); RESIDENTIAL, MUL TIPLE-FAMIL Y-1i (RM-11); RESIDENTIAL, MUL TIPLE-FAMIL Y-i5 (RM-15); PLANNED UNIT DEVELOPMENT (PUD); RECREATIONAL VEHICLE PARK (RVP); HUTCHINSON ISLAND RESIDENTIAL DISTRICT (HIRD); PLANNED MIXED USE DEVELOPMENT (PMUD) - RESIDENTIAL (MEDIUM AND HIGH INTENSITIES) G'\ATn'\ORDNANCE\2005\05-004 rev. 7-27-05.wpd 9.5 '-' '-'" ...,.¡ '-' I TYPE OF SIGN I MAXIMUM NUMBER MAXIMUM SIZE MAXIMUM OTHER STANDARDS HEIGHT Nameplates 1 per dwelling unit multi-family: 1 s.f nla non-illuminated sinale-familv: 311.1. Ground or Wall Signs 1 double·faced ground or 2 32 s.f. 10 feet . non-ilium., externally ilium., or single-faced wall or ground illuminated by a light sou ree signs per entrance to which is placed between a residential dev., farm, or background and opaque ranch. lettering, artwork, or logos . Reduce max. sign area by 50% if entrances are located less than 300 ft. of one another. Directional Signs A. neede, One per lawful 6 s.f. nla none driveway: ütherwise as necessary for safety Public Utility Slans nla nla nla !J-ª 1. One (1) non-illuminated nameplate per dwelling unit consistent with the following maximum sign area standards: a.) Single Family: Three (3) square feet b.) Multi-Family: One (1) square foot 2. One (1) double-faced, Of! premi3E3 ground sign or two (2) single-faced, 019 :Ircm.ises wall or ground sig~~ d h princip entr~J;\œ¡¡.Ìii~o al development, farm, or ranch, as 9:ÊlIl Figur" . ns shal e located on opposite sides of such entra8'lbe mi .~~ t ~~t,,, FIGURE 9-5 DRIYEWAY OR INTERSECTING STREE~ "~"'"-> niL ------------------ -------------- ONE DOUBLE-FACED, ON PREMISES GROUND SIGN -/ cç-,oo::"""'m SIGN FACE " I : ~ ------------- -------------------- TWO SINGLE FACED, ON-PREMISES WALL OR GROUND SIGNS G:\ATTY\ORDNANCE\2005\05-004,,, 7-27-05.wpd 9.6 '-' 'w' ....,; ...I Such signs shall only be non-illuminated, externally illuminated, or shall be illuminated by a light source which is placed between a background and opaque lettering, artwork, or logos. No such ground or wall sign face shall exceed thirty-two (32) square feet in size, and shall not exceed ten (10) feet in height. Where the distance between the nearest edges of separate entrances to the same residential development, farm, or ranch is less than three hundred (300) feet, as measured along the right-of-way of the abutting street, the maximum permitted sign area (indicated above) at such entrances shall be reduced by fifty (50) percent (Figure 9-6). FIGURE 9-6 IF THIS DISTANCE IS LESS THAN 300 FEET, THE SIGN AREA MUST BE REDUCED BY 50% } DRIVEWAY __ nnnnnn_ D~'::E",-:Y __nnn n wn__n__ ____ +_____ __ __ __ _ STREET -----.,--.----------.-----.--,----. -- .- RIGHT-OF-WAY LINE ------ ---- ------ -- I I I- ! , ~ I in ,;Ji S)rREET --- -- .--.-------.----.---.--. - --.---------- RIGHT-OF-WAY LINE --.------..--. ._-" ---,----- -,-----. 3. Directional signs, which shall not exceed six (6) square feet in sign area, may be installed as FlccacE! necessary for safety. 4. Public utilitv sions, identifvino the location of underqround lines. hiqh voltaqe areas, or the like, as needed for public safety purposes mav be permitted if located so as not to create public safety hazards or interfere with riqhts-of-wav maintenance. in the iudqement of the Director of Public Works or his desiqnee. D. COMMERCIAL, OFFICE (CO); PLANNED MIXED USE DEVELOPMENT (PMUD) - PROFESSIONAL SERVICE/OFFICE (LOW, MEDIUM, AND HIGH INTENSITIES) G,IATTYIORDNANCE\2005105-004 rev. 7-27-05.wpd 9.7 '-' '-' "'-' '...I I TYPE OF SIGN I MAXIMUM NUMBER MAXIMUM SIZE MAXIMUM OTHER STANDARDS HEIGHT . Nameolates 1 Der occuoant ~3sJ nla none Ground Signs 1 per establishment or group 1 sJ. for every 2 10 feet for RES, nan-ilium., externally ilium., or of establishments having at linear feet of frontage MXD, or AG illuminated by a light source which is least 50 linear feet of frontage. - 100 sJ. maximum. Future Land placed between a background and Uses. opaque letlering, artwork, Dr logos for RES. MXD. Dr AG Future Land Uses 20 feet for all none - all other Future Land Uses. other Future Land Uses. Wall, Projecting, nla Total Sign Area: nla non-ilium., externally ilium.. or andlor Canopy Signs 10% of wall face area illuminated by a light source which is (Atlached Canopies fronting on main placed between a background and Only) street for RES, MXD, opaque letlering. artwork, or logos for or AG Future Land RES, MXD, or AG Future Land Uses. . Uses. Total Sign Area: none - all other Future Land Uses. 20% of wall face area fronting on main street all other Future Land Uses. Directional Signs ,,,",, Mestð One per lawful 6 sJ. nla none drivewav:otherwiseas necessary for sàfetv Public Utility Siqns nla nla nla nla 1. One (1) n :'square feet in sign area. 2. Any establ or more, s I be one(1)squa hundred (100) square feet. standards: t lot frontage of fifty (50) feet a.) For property that is located within any non-residential, non-agricultural Future Land Use district, as established in the St. Lucie County Comprehensive Plan, ground signs shall not exceed a height of twenty (20) feet. b.) For property that is located within the MXD or any residential or agricultural Future Land Use District, as established in the St. Lucie County Comprehensive Plan, ground signs shall not exceed a height of ten (10) feet. Such signs shall only be non-illuminated, externally illuminated, or shall be illuminated by a light source which is placed between a background and opaque lettering, artwork, or logos. 3. Wall, projecting, and/or canopy signs (attached canopy only) consistent with the following standards: a.) For property that is located within any non-residential, non-agricultural Future Land Use District, as established in the St. Lucie County Comprehensive Plan, total wall, projecting, and/or canopy sign area may equal up to twenty (20) percent of the total G:\ATIY\ORDNANCE\2005\05-004 rev. 7-27-05.wpd 9.8 ~ ~ ...,.¡ ~ wall face area fronting the main street. b.) For property that is located within the MXD or any residential or agricultural Future land Use District, as established in the St. Lucie County Comprehensive Plan, total wall, projecting, and/or canopy sign area may equal up to ten (1 0) percent of the total wall face area fronting the main street. Such signs shall only be non-illuminated, externally illuminated, or illuminated by a light source which is placed between a background and opaque lettering, artwork, or logos. Up to fifty (50) percent of the permitted wall, projecting, or canopy sign area may be located on any other wall face of the same building or on any other canopy which is attached to such building. 4. Directional signs which shall not exceed six (6) square feet in sign area may be installed as nceded necessary for safetv. 5. Public utility sions. identify/no the location of underQround lines, hioh voltaqe areas, or the like. as needed for public safety purposes may be permitted if located so as not to create public safety hazards or interfere with riohts-of-way maintenance, in the iudqement of the Director of Public Works or his desiQnee. . E. COMMERCIAL, NEIGHBORHOOD (CN); INSTITUTIONAL (I); RELIGIOUS FACILITIES (RF); PLANNED MIXED USE DEVELOPMENT (PMUD) -INSTITUTIONAL(LOW, MEDIUM, AND HIGH INTENSITIES), GENERAL COMMERCIAL (LOW INTENSITY), AND PUBLIC SERVICE/UTILITIES (LOW INTENSITY) TYPE OF MAXIMUM NUMBER MAXIMUM SIZE MAXIMUM OTHER SIGN HEIGHT STANDARDS Wall, Projecting, nla nla none andlor Canopy Signs (Attached Canopies Only) on the main Uses. Canopy Signs 4 per face of free-standing Total Sign Area: nla none canopy structures 10% of total canopy face area - 23 s.t. max. per canopy face - RES, MXD, or AG Future Land Uses. Total Sign Area: 20% of total canopy face area - 45 sJ max. per canopy face· all other Future Land Uses. Ground Signs 1 per establishment or group , sJ.. for every 2 hnear feet of frontage· 100 10 feet for RES, none of establishments having at s.f. maximum. MXD, or AG least 50 linear feet of frontage. Future Land Uses. 20 feet for a II other Future Land Uses. , er establishment 6sJ. nla none Rear Entrance 1 per establishment 6sJ. nla none WallSi n G'\ATTY\ORDNANCE\2005\05-004 rev. 7-27-05.wpd 9,9 \..i '-' ...,.¡ ..." I TYPE OF I MAXIMUM NUMBER MAXIMUM SIZE MAXIMUM OTHER SIGN HEIGHT STANDARDS Directional Sign As ~ 1M"." One per lawful 6 sJ. nla non-illuminated driveway; otherwise as necessary for safety Public Utility nla nla nta nla .§jgrr 1. Wall, projecting. and/or canopy signs (attached canopy only) consistent with the following standards: a.) For property that is located within any non-residential, non-agricultural Future Land Use District, as established in the St. Lucie County Comprehensive Plan, total wall, projecting, and/or canopy sign area may equal up to twenty (20) percent of the total wall face area fronting the main street. b.) For property that is located within the MXD or any residential or agricultural Future Land Use District, as established in the St. Lucie County Comprehensive Plan, total wall, projecting. and/or canopy sign area may equal up to ten (10) percent of the total wall face area fronting the main street. Up to fifty (50) percent of the permitted wall, projecting, or canopy sign area may be located on any other wall face of the same building or on any other canopy attached to such building. 2. A maximum of four (4) canopy signs per face of free-standing canopy structure( s). consistent with the following standards: a.) Fo. Us~ dist canopy si a exé~pPhät no sign"area. ~ru¡~m:~~~,&~¡;,.)~;i:';~'t;: residenfiài.nö'n-agricultural Future Land e :'uöie Couìjty Comprehensive Plan, total eq~#1 ...tw~~ty (20) perc~mt of the total canopy face area. nppy facijl~ha,~' have more thßn forty-five (45) square feet of b.) For property that is located within the MXD or any residential or agricultural Future Land Use District, as established in the St. Lucie County Comprehensive Plan, total canopy sign area may equal up to ten (10) percent of the total canopy face area. except that no single canopy face shall have more than twenty-three (23) square feet of sign area. 3. Any establishment or group of establishments that has a street lot frontage of fifty (50) linear feet or more, shall be permitted one (1) ground sign. Such sign shall not exceed a sign area equal to one (1) square foot for every two (2) linear feet or major fraction thereof of street lot frontage up to a maximum of one hundred (100) square feet. Such ground signs shall also be consistent with the following standards: a.) For property that is located within any non-residential. non-agricultural Future Land Use District, as established in the St. Lucie County Comprehensive Plan, ground signs shall not exceed a height of twenty (20) feet. b.) For property that is located within the MXD or any residential or agricultural Future Land Use District. as established in the 81. Lucie County Comprehensive Plan, G:\AT1Y\ORDNANCE\2005\05-004 rev. 7-27-05.wpd 9.10 '-' \w' "wi >wi ground signs shall not exceed a height of ten (10) feet. 4. One (1) pedestrian sign per establishment which shall not exceed six (6) square feet in sign area. 5. One (1) rear entrance wall sign per establishment which shall not exceed six (6) square feet in sign area. 6. Non-illuminated directional signs. which shall not exceed six (6) square feet each in sign area, may be installed as Rccdcd necessary for safety. L Public utility sions. identifvino the location of underoround lines. hioh voltaoe areas, or the like, as needed for pUblic safety purposes may be permitted if located so as not to create public safety hazards or interfere with riohts-of-way maintenance, in the iudoement of the Director of Public Works or his desionee. F. COMMERCIAL GENERAL (CG); INDUSTRIAL LIGHT (IL); INDUSTRIAL HEAVY (IH); INDUSTRIAL EXTRACTION (IX); UTILITIES (U); PLANNED MIXED USE DEVELOPMENT (PMUD) - GENERAL COMMERCIAL (MEDIUM AND HIGH INTENSITIES), PUBLIC SERVICE/UTILITIES (MEDIUM AND HIGH INTENSITIES), INDUSTRIAL (MEDIUM AND HIGH INTENSITIES) TYPE OF MAXIMUM NUMBER MAXIMUM SIZE MAXIMUM OTHER STANDARDS SIGN HEIGHT Wall. Projecling. 4 per establishment Total Sign Area: n/a none and/or Canopy 20% of wall face area fronting on Signs (Attached main street. Cano ies ani Canopy Signs 4 per face of free-standing n/a none (Free-standing canopy cano ies) Ground Signs 1 per estab Sign area of individual signs least 50 linea may be aggregated, except that no single sign shall exceed 200 sJ. ":i:::f~, d~W' \~ For establishments háving 150 ft. of frontage: 1 s. f. for every 1 }> ft. of frontage. or 150 s.l.. whichever is reater - 200 s.f max. 1 additional sign for 1 sJ. for every 1 }> linear ft. of establìshments having over frontage in excess of first 300 ft.- 300 ft. of fronta e. 200 sJ. max. 1 additional sign for 100 sJ. establishments having at least 300 ft. of frontage and outdoor displays (LPC Section 7.10.02. 1 ef establishment 6 sJ n/a none Rear Entrance 1 per establishment 6 s.l n/a none WallSi n Directional Sign 6 sJ n/a none Go IA TTYIORDNANCE\2005\05-004 rev. 7 -27 -05.wpd 9.11 '- '-' ....,; .J I TYPE OF I MAXIMUM NUMBER MAXIMUM SIZE MAXIMUM OTHER STANDARDS SIGN HEIGHT OK [',01, ,i.os nfa 378 s.f .35 ft. above · Only Permitled along ~ crown of road. 1-95, the Florida Billboards Turnpike and those .50 ft. above roadways identified in crown of road Section 9.02.02(A). along 1-95 and Fla. Tnpk. · 1,500 foot apart on same side of road. · 200 foot min. separation from residential zones or use areas. · See Section 9.02.02(A) for additional standards Public UtiliII' nla nla n/a nla Signs 1. Off ~rclTligcs signs Billboards shall only be permitted on properties which are physically contiguous to 1-95, the Florida Turnpike, U.S. 1, Orange Avenue, and Kings HighwaylTurnpike Feeder Road, located so as to be visible from such hiqhwav. and as further restricted in Section 9.02.02(A). Such signs shall not be spaced less than one- thousand five hundred (1,500) feet from another off prelTlises signs billboard which is on the same side of, and is directed at, the same highway. 2. A maximum of four (4) wall, projecting, and/or canopy signs (on attached canopies only) per establishm of the tota percent of building or 3. A maximu r (4canop gns per a 'of free-stan ing canopy structure(s). Such signs shall not exceed a total sign area of twenty (20) percent of the total canopy face area, except that no single canopy face shall have more than forty-five (45) square feet of sign area. ,,~w\iî,~ual to twenty (20) percent . n~tne main street. Fifty (50) ther wall surface of tne same 4. Any establishment or group of establishments naving from fifty (50) to one-hundred fifty (150) linear feet of frontage shall be permitted one (1) ground sign. Such sign shall not exceed a sign area equal to one (1) square foot for every one (1) linear foot or major fraction thereof of street lot frontage. Establishments or groups of establishments having more than one-hundred fifty (150) linear feet of frontage, snail be permitted one (1) ground sign. Such sign shall not exceed a sign area equal to either one (1) square foot for every one and one-half (1 Yo) linear feet of street lot frontage, or one-nundred fifty (150) square feet, whichever is greater, up to a maximum of two-hundred (200) square feet. One (1) additional ground sign shall be permitted when the street lot frontage exceeds three hundred (300) linear feet. Tne second ground sign shall not exceed a sign area equal to one (1) square foot for everyone and one-naif (1 Yo) linear feet of street lot frontage in excess of the first tnree-nundred (300) feet of frontage. The sign area of individual signs may be aggregated, except that no single sign shall exceed a sign area of two hundred (200) square feet. G,IATIYIORDNANCE\2005105-004 rev. 7-27-05.wpd 9.12 9.01.02 '-, ....., '-" ...,.¡ Ground signs shall not exceed a height of thirty (30) feet. 5. For any establishment or group of establishments that has a street frontage of three hundred (300) linear feet or more and which has outdoor displays as provided for in Section 7.10.02 of this Code the Doard of Count) Commissioners, Public Works Director or his desianee may allow for the placement of two additional ground signs. usinq and subiect to the procedures set forth in Section 9.04.01. The Doard Director or his desiqnee shall allow for such additional signage when it is shown that operation as provided under Section 7.10.02 creates a specific need. Such additional signs may not exceed one hundred (100) square feet in area nor shall they exceed a height of thirty (30) feet. 6. One (1) pedestrian sign per establishment which shall not exceed six (6) square feet in sign area. 7. One (1) rear entrance wall sign per establishment which shall not exceed six (6) square feet in sign area. 8. Directional signs which shall not exceed six (6) square feet in sign area, may be installed as needed necessary for safety. 9. Public utility sians, identifyina the location of underqround lines, hiah voltaqe areas. or the like, as needed for public safety purposes may be permitted if located so as not to create public safety hazards or interfere with riqhts-of-way maintenance, in the iudqement of the Director of Public Works or his desiqnee. AUTHORIZED TEMPORARY SIGNS The follo"iF\§ t)¡5es and sizes of signs or advertising structures shell be euthorized Of! e temporary basi::!, ::!ubjee;t to the follo"ing ¡5rovisions: Temporary siqns of the types described below in this section are allowable, subject to the followina aene~~IL~quirements: If""I.): .L ve:lian CI1aracte 2. No tem orar si e intersecti' n of two streets or roadwa s or within the seqment created by the curb or road edqes and an imaqinary line between the points thirty (30) feet back from where the curb lines of the intersection quadrant intersect. 3. No temporary siqn shall be illuminated. ~ Temporary siqns may be erected onlv if located wholly on private property, by or with the permission of the property owner. ~ Except as stated below with respect to a specific type of temporary sian, allowable temporary sians may be erected without a permit. Subiect to the foreqoina aeneral reaulations, specific temporary sians are allowable subiect to the followina additional provisions: A. REAL ESTATE SIGNS 1. Shall be limited to one (1) sign per parcel, establishment, dwelling unit, or per every five (5) acres or fraction thereof providing no more than one (1) sign per three hundred (300) feet of frontage shall be allowed on anyone (1) parcel of property regardless of total acreage. A G:IA TTYIORDNANCE12005105-004 rev. 7·27 -05.wpd 9.13 '-' '-" ...,.¡ maximum of 3 signs per parcel shall be provided on a single road frontage. .,I 2. Shall not exceed the following maximum sign areas in square feet by zoning district and parcel size: .... .C~.2:Õ~lJG DISH ~C~ AG-1 AGRICULTURAL - 1 6 sf 6 sf 6 sf 6 sf 6 sf 6 sf 6 sf 6 sf 6 sf 6 sf 16 sf 16 sf 16 sf 16 sf 16 sf ""'~"C, ~ 16 sf \' 16 sf ~ 32 sf 32 sf 32 sf 32 sf 6 sf 6 sf 6 sf 6 sf 6 sf 6 sf 6 sf 6 sf AG-2.S AGRICULTURAL - 2.S AG-S AGRICULTURAL - S RlC RESIDENTIAUCONSERV A TION AR-1 AGRICULTURAL, RESIDENTIAL - 1 RE-1 RESIDENTIAL, ESTATE-1 RE-2 RESIDENTIAL, ESTATE - 2 RS-2 RESIDENTIAL, SINGLE FAMilY - 2 RS-3 RESIDENTIAL, SINGLE FAMilY - 3 RS-4 RESIDENTIAL, SINGLE FAMilY - 4 RMH-5 RESIDENTIAL, MOBilE HOME - 5 RM-5 RESIDENTIAL, MULTIPLE FAMilY - 5 RM-7 RESIDENTIAL, MULTIPLE FAMilY - 7 RM-9 RESIDENTIAL. MULTIPLE FAMilY - 9 RM-11 RESIDENTIAL, MULTIPLE FAMilY - 11 ~::~:~::~,~~~:~;::~ :.L .~'.",¡;;:·f~ ~ :"~...,:" F n';:~ .' ii: .~, ¡.,." '.. : ¡ ¡..." ':'" RM-1S CN CO CG Il INDUSTRIAL, LIGHT IH INDUSTRIAL, HEAVY IX INDUSTRIAL, EXTRACTION U UTILITIES INSTITUTIONAL RF RELIGIOUS FACILITIES RVP RECREATIONAL VEHICLE PARK HIRD HUTCHINSON ISLAND RESIDENTIAL DISTRICT PUD PLANNED UNIT DEVELOPMENT PNRD PLANNED NONRESIDENTIAL DEVELOPMENT PMUD PLANNED MIXED USE DEVELOPMENT 16 sf 16 sf 16 sf 16 sf 16 sf 16 sf 16 sf 16 sf 16 sf 16 sf 16 sf 16 sf 16 sf 16 sf 16 sf 16 sf 16 sf 16 sf 32 sf 32 sf 32 sf 32 sf 32 sf 32 sf 16 sf 16 sf 16 sf 16 sf 32 sf 32 sf 3. For properties exceeding five (5) acres, the sign area of individual signs, as indicated above, G:\ATTY\ORDNANCE\2005\05-004 rev. 7-27-05.wpd 9.14 '-' '-' ....,; """" may be aggregated, except that no single sign may exceed an area of three-hundred seventy-eight (378) square feet. 4. Shall be removed within ten (10) days after the real estate transaction is completed. 5. Shall not be illuffiiF15tcël. B. CONSTRUCTION PROJECT SIGNS: 1. Shall not exceed the following maximum sign areas by Zoning District: ZONING DISTRICT MAX. SIGN SIZE AG-1 AGRICULTURAL - 1 64 sf AG-2.5 AGRICULTURAL - 2.5 64 sf AG-5 AGRICULTURAL - 5 64 sf RlC RESIDENTIAUCONSERV A TION 12 sf AR-1 AGRICULTURAL, RESIDÈNTIAl - 1 12 sf RE-1 RESIDENTIAL, ESTATE - 1 12 sf RE-2 RESIDENTIAL. ESTATE - 2 12 sf RS-2 RESIDENTIAL. SINGLE FAMilY - 2 12 sf RS-3 RESIDENTIAL. SINGLE FAMilY - 3 12 sf RS-4 RESIDENTIAL. SINGLE FAMilY - 4 12 sf RMH-5 RESIDENTIAL. MOBilE HOME - 5 32 sf RM·5 01RESIDENTIALiMUL;¡-IPlE FAMllY-5 m'""'t\~·" 32 sf RM-7 """¥'."'. ~~""t¡, 32 sf .'..' '. ,.¡fJK,,,,..c ¡,,.'.".k.,.·..· RM·9 "RESIDEN1J1IA . 0, 32 sf RM-11 IES [}É~IAl, UlT F-'llY-1 'f' ~ 32 sf %w' RM-15 RESIDENTIAL. MULTIPLE FAMilY -15 32 sf CN COMMERCIAL. NEIGHBORHOOD 32 sf CO COMMERCIAL. OFFICE 32 sf CG COMMERCIAL. GENERAL 64 sf Il INDUSTRIAL, LIGHT 64 sf IH INDUSTRIAL. HEAVY 64 sf IX INDUSTRIAL. EXTRACTION 64 sf U UTILITIES 64 sf I INSTITUTIONAL 32 sf RF RELIGIOUS FACILITIES 12 sf RVP RECREATIONAL VEHICLE PARK 32 sf HIRD HUTCHINSON ISLAND RESIDENTIAL DISTRICT 12 sf PUD PLANNED UNIT DEVELOPMENT 32 sf PNRD PLANNED NONRESIDENTIAL DEVELOPMENT 32 sf PMUD PLANNED MIXED USE DEVELOPMENT 32 sf G'IATTYIORDNANCE\2005105-004 rey. 7-27-05.wpd 9.15 '-' '-' ...., """" 2. May contain the name of the project, the contractor, the subcontractor, the architect, the developer, the supplier, and/or the financial institution, a description of the project, and other information relating to the construction project. 3. Shall be removed prior to the issuance of a certificate of occupancy. 47 CI"IBlIl"IOt be illul'I,il,BleeL 4.5. Shall be adequately constructed and securely anchored in accordance with the Standard Building Code. C. TEMPORARY SPECIAL EVENT PROMOTIONAL FLAGS, BANNERS, AND PENNANTS REQUIRING APERMIT Flags which are not exempt from permitting under Section 9.04.00, banners, and/or pennants promoting a special event may be erected on a temporary basis upon the issuance of a permit. Such permit shall be issued bv the Public Works Director or his desiqnee usinq and subject to the procedures set forth in Section 9.04.01; provided that the Public Works Director or his desiqnee shall qrant or den v such permit within 15 davs from receipt of a completed application. Such permit shall be qranted provided that fa] the requirements of this Code are otherwise met; rbl no more than four (4) permits per year shall be issued to anyone parcel or common development site for no more than a total of sixty (60) calendar days per year;-S. and rclsuch flag, banner, or pennant shall not exhibit any other characteristic of a prohibited sign under Section 9.03.00. Such flaqs must be removed by the permittee upon the expiration of the permit. D. PROJECT MARKETING SIGNS 1. Project Marketing signs shall be permitted only for projects approved as a Major Site Plan, Minor Site Plan, Planned Unit Development, Planned Non-Residential Development, or Planned M' -UseD ment, as fine ',S¡~io of the Land Development Code. 2. 3. Siqn Permits for such signs shall expire and the signs shall be removed upon determination by the Public Works Director or his desiqnee that eighty (80) percent or more of the primary structures within the development have been completed or sold. The permit shall otherwise automatically expire upon the expiration of the associated Major Site Plan, Minor Site Plan, Planned Unit Development, Planned Non-Residential Development, or Mixed Use Development. 4. Project Marketing signs shall be limited to one (1) sign for every five (5) acres or fraction thereof. A maximum of three (3) signs per Major Site Plan, Minor Site Plan, Planned Unit Development, Planned Non-Residential Development, or Mixed Use Development shall be permissible along any single road frontage. No project marketing sign shall be located within 300 feet of another project marketing sign along the same roadway frontage. 5. Individual Project Marketing signs shall not exceed a total sign area of thirty-two (32) square feet per every five (5) acres or fraction thereof. The maximum amount of sign area permitted on anyone property under the provisions of this Section, is 378 square feet. 6. IndividuBI rmject Me.riŒtiAg GigAS sI"I511Aot be illumine.tcd. G. \A TTY\ORDNANCE\2005\05-004 rev. 7-27 -05.wpd 9.16 '-' '-' ~ 'will E. POLITICAL SIGNS 1., No temporary political sian may exceed the size permissible for a construction project sian under subsection B of this Section, in the particular zonina district in which it is posted. 2. Temporary political sians shall be removed within ten (10) days followinq the election or referendum to which they refer, unless such sian continues to be pertinent to a subseauent election or referendum for which a candidate or issue will appear on the balo!. F. RESIDENTIAL TEMPORARY SIGNS Temporary sians that displav a noncom mercial messaae may be errected in the yards of any property located in any aaricultural or residential zonina district. subiect to the maximum size limitations for construction proiect sians as set forth in paraqraph B of this section. Such sians may not displav any commercial messaae. Not more than three such sians may be displayed at anyone time on a sinale parcel. 9,02.00 GENERAL PROVISIONS In addition to the requirements set forth in Sections 9.01.01 and 9.01 .02, the following general provisions shall apply to specific types of signs: 9,02.01 ON I'RCMISCS SIGNS OTHER THAN BILLBOARDS A. WALL SIGNS 1. Shall not extend more than eighteen (18) inches from the wall or facade of the building to which they are attached. 2. Shall not exÎendmo e' "fH "Æi;;";iW':! whichever i~ graa. Shall be a<iÌequat Building Cod ';f or parapet of a building, 3. anchored i " ccordance with the Standard ~" FIGURE 9-7 o SIGN AREA SIGN ~WALL~ "A:"~It/ ~MO¡¡;M'ION ..~.."....."..J TYPICAL WALL SIGN PLACEMENT AT ROOF/PARAPET LINE TY PICAL WALL SIGN PLACEMENT ADJACENT TO BUlLDrNG WALL B. MANSARD AND MARQUEE SIGNS 1. Mansard and marquee signs shall conform to Wall Sign provisions, Section 9.02.01 (A). G'\ATTY\ORDNANCE\2005\05-004 rev. 7-27-05.wpd 9.17 '- '-" ....., ..,., C. PROJECTING SIGNS 1. Shall provide a vertical clearance of not less than nine (9) feet over any pedestrian walkway or fourteen (14) feet over any vehicular driveway. 2. Shall not extend closer (leading edge measured horizontally) than eighteen (18) inches to the curbface or, where no curb is installed, to the curbline as established by the County Engineer. 3. Shall not extend more than twenty-four (24) inches above the roof or parapet of a building, whichever is greater. 4. Shall be adequately constructed and securely anchored in accordance with the Standard Building Code. D. GROUND SIGNS 1. Shall not exceed a total height of thirty (30) feet except as may be further restricted in this Code, and fifty (50) feet total height along those properties which are physically contiguous to and within fifty (50) feet of the right-of-way boundary of the Florida Turnpike and 1-95. The height of ground signs may either be measured from the crown of the road or at finished grade. If an applicant for a ground sign permit elects to measure the height from the crown of the road, the applicant shall submit, at the time of application for such permit, a survey of the property and of the abutting street. 2. Shall not be located less than eighteen (18) inches (leading edge measured horizontally) from any public right-of-way line, adjacent property line, or structure. 3. Shall provide a vertical clearance of not less than nine (9) feet over any pedestrian walkway or fourteen (14) feet over any vehicular driveway. 4. When an a~~~s y iffi1~~~'å Is a pu or pr g t~"~'~'~f\"'hen the subject property abuts the iffl\ters nl!!G 2) 0 P iC2OfïtPrivatefÌ1ights-of-way, all ground signs within the t~¡~ngu r~b 'besh .. have a heig~'tof not more than three (3) feet or a verticàl cl ncil¡of han \~n ~ii\O) feet, and ~i~all not have poles or support structures ~r e irii:Jiv dua y greater tnan'1fwelve (12) inéhes in diameter. The triangular area referenced above is the area of property located at the corner formed by the intersection of two (2) public or private rights-of-way, or at each corner formed by the intersection of an access way with a public or private right-of-way. Two (2) sides of such triangular area shall be (20) feet in length as measured horizontally from the point of intersection, and the third side shall be a line connecting the ends of the two (2) other sides. 5. Shall be adequately constructed and securely anchored in accordance with the Standard Building Code. 6. Shall have a landscaped area around its base which extends a minimum distance of three (3) feet in all directions. Such landscaped area shall be completely covered by natural drought-tolerant ground cover and shrubs, hedges or similar vegetative materials. The ComA ,unity DCvelopment Dircctor Growth ManaQement Director shall grant relief from this landscaping requirement for off ¡:m:mi3c3 3igFl3 billboards which are located on properties that are physically contiguous to 1-95 or the Florida Turnpike if it is determined that such signs are located more than one-hundred (100) feet from a developed area as defined in Section 2.00,00 of this Code. G: \A TTY\ORDNANCE\2005\05-004 rev. 7-27 -05.wpd 9.18 \w' '-" .., "'WfI/I FIGURE 9-10 .¡OAKS I IOAKS ~'? o~ E. PEDESTRIAN SIGNS 1. Shall provide a vertical clearance of not less than nine (9) feet over any pedestrian walkway. 2. Shall not extend beyond the underside of a cantilevered roof, portico, or other overhang. 3. Where the underside of an overhang exceeds a height of thirteen (13) feet, a pedestrian sign may be attached to the exterior wall from which such overhang extends. When a pedestrian sign is attached to a wall, such sign shall not extend (leading edge measured horizontally) more than thirty six (36) inches from the wall face of any building. 4. Shall include only the name andlor address of the establishment or use. 1. Shall not e are attach e of the canopy to which they F. CANOPY SIGNS 2. Shall not extend above the roof or below the underside of the canopy to which they are attached. 3. Shall be adequately constructed and securely anchored in accordance with the Standard Building Code. 4. The height of individual canopy faces, for purposes of measuring sign area, shall be measured from the roof to the underside of the canopy. 9.02,02 orr rRCMIGCS SIGNS BILLBOARDS A. Shall not be located along any roadway other than the following: 1.) 2.) 3.) Florida's Turnpike 1-95 US #1 Indian River C/l to Martin C/l Indian River C/l to Martin C/l Indian River C/l to Martin C/l except as may be further restricted in Section 9.01.01, of this Code. B. Shall not exceed a sign area of three-hundred seventy-eight (378) square feet including all trim, molding, or skirting, except as may be further restricted in this Code. 9.19 G'\ATTY\ORDNANCE\2005\05-004 rev. 7-27-05.wpd '-' 'w .....I ..., C. Shall not exceed a sign face dimension of thirty six (36) feet horizontally or twelve (12) feet vertically including all trim, molding, or skirting. D. Shall not exceed a total height above the crown of the road of thirty-five (35) feet, except as may be further restricted in this Code, and fifty (50) feet total height above grade along the Florida Turnpike and 1-95. The height of off premises billboards that are ground signs may either be measured from the crown of the road or at finished grade. If an applicant for a ground sign permit elects to measure the height from the crown of the road, the applicant shall submit, at the time of application for such permit, a survey of the property and of the abutting street. E. Shall be located a minimum of twenty-five (25) feet from any street right-of-way or property line. F. Shall not be located closer to a right-of-way line than any building on contiguous property if such building is situated within one hundred (100) feet of the sign. G. Shall not be located within a radius of two-hundred (200) feet of any residential zone or residential use area within an approved Planned Unit Development or Planned Mixed Use Development Project. H. Shall not be located so as to face a lot on the same street occupied by a religious facility, public school, public park, playground, beach, civic area, or cemetery, nor nearerto such uses than a radius of two hundred (200) feet. I. Shall comply with Section 9.02.01 (D) where the off premises sign billboard is also a ground sign. J. Shall not be located on Hutchinson Island. f:~qi'," n characteristic that renders it 9.03,00 PROHlãìTEi :) !'m ~~ II, _!!!' No si n whether otherwisel~lIowatllè a prohibited siqn. The following'signs A. Roof signs. B. Portable Of sions and trailer signs. C. Sidewalk signs Of and sandwich signs. D. Snipe signs. E. Signs attached to any tree, shrub, plant, or rock. F. Signs located over or on any public right-of-way, except: 1. public directional and regulatory signs, erected by any duly authorized state or local government in accordance with applicable Florida Department of Transportation Design standards; 2. bus bench signs; "heFl speeifieally authôriLeeJ in "ritiFl§ by the DOBra of CGUFlty CommissioFler3; and 3. one private directional sign per parcet in Commercial Neighborhood (CN), Commercial Office G.IA mIORDNANCE\2005\05-004 rev. 7-27 -05.wpd 9.20 '- '-' ''WIII ..." (CO), Institutional (I), Religious Facilities (RF), Commercial General (CG), Industrial Light (lL), Industrial Heavy (IH), Industrial Extraction (IX), and Utilities (U) zoning districts, provided that: a. it is crected by located on the property O..FìEF, organizstiOFì or o~vFler of r~cord of the applicant or the adjacent property that IMe sign ¡:.rôvidcs dirECtions to; b: it is loc6ted 6clj6eCf1t to the property, Q8. it does not exceed four (4) square feet in total sign area; ¢. it is erected in accordance with applicable Florida Department of Transportation design safety standards; de. it is not located efeng within any State or Federal right-of-way; ef. it is not located within 20 feet of any intersecting street or driveway connection; [g. it is not located within any utility easement or surface drainage swale; or. tRe I5roI5CR) o..ner, corl5ðrBtioFl or o..Flership iFllercst erceling th/: directional si9F1 has-provided St. Lucie Count} ..ith an iflcll>ffiflificatiofl of 611 rcsl5ðfl3ibilit} OF lisbility associatcd ..itn the erectioFl of th6 directioFlal sign, r. the iflrem.ation del5icted ig limited to tRe flame, iGcfltificatiofl anG/or acldrc33 of the o..Fler or occupant of tNe aajacefltl5fOperty, r- G. ~~f' gi· averfl.eany;other a licable regulation or restriction "'[',1' t, . .~. i¡·; 1[: Any Prlyately-owned Ssi ns attached or placed withlM any public riQht-of-way upon any utility pole, street light, sidewalk curb, fire hydrant, bridge, or any other similar public prol5erty or utilitystructure. H. Flashing, animated, fire- or smoke-emittinQ, or noise-making signs, except for one (1) variable electronic message sign per parcel or group of parcels under a uniform site development plan displaying time, temperature, community service-6f, direct business copy. or other information, provided that the message sign does not exceed more than one line of display copy; that the message display area for any such sign does not exceed an overall area of 30 st square feet (3 feet x 10 feet typical dimension); the message displays shall be on a black background with a single color copy; the message display shall not scroll, flash or blink, and message display copy shall not change more frequenlly than once every 5 seconds. Any such message sign shall be counted as part of the overall signage for the property or project site; must be a part of one of the ground signs associated with the property or project site and shall not exceed 25% of the particular sign area of the particular ground sign for the property or project site. I. Signs in motion, including swinging, rotating, or revolving signs or similar movino deyices designed to attract attention by motion or illusionary motion. Signs that copy or imitate official governmental signs or that incorrectly purport to have official governmental status. J. K. Signs that display any le..d, lasci,ious, obsccfle, iAeceeflt, or ii, ,moral written or graphic message 9.21 G'\ATn'\ORDNANCE\2005\05-004 rev. 7-27-05.wpd '-' '-' '...,J """ that is lewd, lascivious, or obscene based on contemporary community standards. L. Signs that obstruct or interfere with any door, fire exit, stairway, ladder, or opening intended to provide light, air, ingress, or egress for any building. M, Cign3 tMBt con3titutc Any siqn. whether otherwise allowable or exempt under this Chapter. that. in the iudqment of the Public Works Director, determined without reference to the content of the siqnexcept as stated below in this paraqraph constitutes a traffic safety hazard by reason of size, location, movement, cont<;nt, cOloriFlg, or method of illumination; obstruct§ the vision of motorists or pedestrians; obstruct§ or cli3trBct froFl, interferes with any official traffic control device; di.ert or tend to diycrt th<; attentiol, of 1'1 ,otôri3t3 fram traffic FI ,oyel9~E.nt on streets, roads, iFltersectic".,s. or access f8<;ilili<;3; or utilize§ flashing or revolving red, green, blue, or amber lights, creates qlare, or utilize§ the words "stop," "look," "danger" or any other word, phrase, symbol, or character in such a manner as to interfere with, mislead or confuse traffic. N. Signs that utilize fluorescent colors in the yellow 8ftt! or red spectrums. 0. rolitical signs that he.e Flot been remo.ed .,ithin SeyeFl (7) da~s f'OlIo.,ing the' elation to .,hich thq refer. P,O. Flags which are not exempt from permitting under Section 9,04.00, banners, and pennants, except for temporary special event promotional flags as permitted in 9.01.02(C). p, Siqns that contain any mirror or mirrored device. Q. Vehicular siqns. R. 9.04.00 PERMI 9.04.01 PERMITTING A. Except as specifically exempted in Section 9.01.02 or Section 9,04.02, the erection, physical alteration, reconstruction, or physical conversion of any siqn shall not be commenced without obtaininq a Siqn Permit from the Public Works Director. No Siqn Permit shall be issued for development without the concurrent issuance of a Certificate of Zoninq Compliance as provided by Section 11.05.00 of this Code. No permit shall be required for the sole purpose of chanqinq content, includinq wordinq and qraphics, on a lawfully existinq siqn that otherwise complies with the requirements of this Code both before and after such chanqe. ß.... The process for obtaininq a Siqn Permit shall be the same as the process for obtaininq a Buildinq Permit pursuant to Chapter XI of this Code, except as specifically modified in this Section, The application shall be made on such form as the Public Works Director or his desiqnee shall prescribe. which shall include a depiction of the proposed siqn, its specifications includinq heiqht. siqn area, dimensions, location on the site and in relation to other structures and riqhts of way, means of support, method of illumination, if any. and such other information as the Public Works Director or his desiqnee may require to determine whether the proposed siqn meets the requirements of this Chapter, C. The Public Works Director or his desiQnee shall orant or deny an application for a Sion Permit and Certificate of Zonino Compliance applicable to such application, within thirty (30) days from receipt of a complete application. The Public Works Director or his desionee shall 9.22 G'\ATTY\ORDNANCE\2005\05-004 rev. 7-27-05.wpd """,-, Yf/ ..." notifv the applicant within fifteen (15) davs from receipt of anv application, or amendment or supplement thereto, if the application is incomplete, and shall notifv the applicant of the information necessarv to complete the application. The applicant has the option of supplvinq such information or, ifthe applicant deems the application complete despite such notification, of so notifvinq the Public Works Director or his desiqnee who shall then treat the application as complete. Anv application for a Siqn Permit that is not Granted or denied within thirtv (30) davs from receipt of a completed application shall be deemed denied. D. The Public Works Director or his desiGnee shall Grant the Siqn permit upon receipt of a completed application with all required fees, upon findinq that the proposed siqn conforms to all requirements of this Chapter; otherwise, the application shall be denied. The content of a proposed siqn shall not be material to the qrant or denial of a Siqn Permit, except as necessary to determine that a siqn conforms to the specific requirements of this Chapter. £" The denial of an application for SiGn Permit mav be appealed bv the applicant to the Board of Adiustment in accordance with Chapter XI of this Code. within thirtv (30) davs from denial. The Board of Adjustment Shall render its decision within fortv-five (45) davs from the date the appeal is filed. Anv SiGn Permit applicant aqqrieved bva decision of the Board of Adjustment mav seek review bv certiorari in the Circuit Court in accordance with Chapter XI of this code. within thirtv (30) davs from rendition of the decision of the Board of Adiustment. 9.04.02 EXCEPTIONS The following types of signs.shall not be required to have a sign permit, provided thev do not otherwise violate anv specific prohibition in this Chapter and thev are not desiqned or located so as to cause or create a risk to public safetv, as set forth in Section 9.03.00(M): A. B. :li~j'J7'~P~'¡f~~' #¡:-r C. Credit eBrel signs, dC¿8i~or emblems. Siqns that are not visible from anv roadwav oradjoininq property. D. Memorial signs or tablets within dulv licensed cemeteries. E. Public convenience signs, communicating the location of restrooms; or public telephones, or the like. F:- rublic utility signs, identifying tRe IOCEJtion of underground lines, hig'" voltEJ§e erces, or the like. E&.- Public warning signs, indicating the dangers of trespassing, swimming, animals, or the like. t+. Not more than I"'ree (J) rflegs, emblems, or insignias of the United Gtates, CtEJle of rloriela an~ nation, slate, or Ct. Lucie County other ¡3olitical subelivision and one (1) cõrpomtc or institutional f~ag per establishment or comA ,01'1 develõ¡3n ,ent site. tG. Seasonal displays or decorations not advertising a product, service, or establishment. d: \\'ell MurBls, provided that the ..all mural is locBted in B GOA'lmerei61 or industrial zoning district, doe3 not conlBin any Bd vuti3ing beyond ..hich ..ould other..ise perl'l.itted under t"'e commercial ..all sign standards and floes FIBt othervvjse violate any of the provisions of CectioFl ~.O:J.OO of t"'is code. A ..all mural mB) be illun,iFlalefl. A ..all mural that docs not include any Bdvë:fti3if\§ does not have to be G,IATIYIORDNANCEI2005105-004 rev. 7-27-05.wpd 9.23 '-' '-' '-' ."., iFlstallf.d b~ a lðCall) registered sigFl or pail'ltiFlg eOFltFactor. If tfle "allmuffil cOFlt6ins any mrm of 6d.erlising, tMen tMe mural 1'1'16) onl) inst611ed or applieeJ lð the ..all surface by aloee.lly registered sign eôntractor. ~H. Garage or yard sale signs providing they are removed by sunset of the last day of the sale. !::-: Nðf\ illun,inated religiðus emblcms. MI. Non-illuminated building identification signs which are under three (3) square feet in sign area on buildings which are located at least three hundred (300) feet from a public right-of-way. N,!. Ten (10) orfewerflags, not including flags of the United etate;, etate of rlorida, or et. Lucie Count), per parcel or common development site. Such flags shall not be placed less than thirty (30) feet apart. Any flags, in excess of ten (10) per parcel or common development site may be erected on a temporary basis upon the issuance of a permit in accordance with Section 9.01.02(C). 9.05.00 NONCONFORMING SIGNS A. GENERAL Any sign or advertising structure in the unincorporated area of the County on which, by its height, area, location, use or structural support does not conform to the requirements of this chapter, shall be termed nonconforming. B. CONTINUATION OR REMOVAL All nonconforming signs or advertising structures which were properly permitted and conforming to the sign ordinances of the Coupty:}p effect at the time t . s were erected, may continue in use in accordance with érrdVt1!igns of t Se onforming signs shall be removed unless e r" s~~emb 196 !'f!~8pconf in si ns that are sub'ect to removal shall be s ec 0 e 10ns of dePv~rnin th rocedures for Code violations' rovided however ¡ithat the'IPU ksJDir aI', m direct the r oval after makin reasonable efforts to provide al!Jvanêê"hoti to thê sloh ownêr', of:!T1) any siqn tflat in his iudqment, determined without reference to the content of the siqn except as stated in Section 9.03.00(MJ. constitutes an immediate and extreme danqer to public safety, or (2) any siqn erected or posted in the public riqht of way in violation of this Chapter. Temporary siqns for which allowable time of display has expired and for which the siqn owner cannot readily be located or identified, shall be deemed abandoned and may be removed at the direction of the Public Works Director. C. STRUCTURAL ALTERATIONS Nonconforming signs shall not be structurally altered or enlarged unless they are made to conform with all the requirements of this Chapter, except that substitution or interchange of copy may be permitted. D. NATURAL DAMAGE Nonconforming signs which are more than fifty (50) percent destroyed by wind, deterioration or other damage shall be made to conform with all the requirements of this Chapter, or be completely removed. E. orr rRCMleCe CICt~C BILLBOARDS WITH LESS THAN THE MINIMUM SEPARATION Where two (2) or more off premises sigFls billboards, each of which was lawfully installed at its time of installation, are situated closer to each other than permitted by Section 9.01.01 (F)(1), then all such G!\ATTY\ORDNANCE\2005\05-004 re.. 7.27.05.wpd 9.24 '-" ~ ...., ...., signs except the one first installed in the County shall be nonconforming. F. REMOVAL OF NON-CONFORMING FLAGS, BANNERS, AND PENNANTS Flags, banners, and pennants rendered non-conforming by virtue of being included in Section 9.03.00(P) shall be removed by March 1, 1994. 11.05.018 SIGN PERMIT A. Unchanged. B. The erection, alteration, reconstruction, or conversion of any sign shall not be commenced without obtaining a Sign Permit from the Public Works Director or his desiqnee iM aceoFl:ltmCe ..i!~ CectiðM C).OO.OO, MO Gign refffii! 3h511 be i33ued fur developmeM! ..ithou! the i33u5f1ce of a eoncurreflt Certificate of ZðniFl9 Compliaflce as provided in Section 9.04.01 of this Code. PART B: CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of SI. 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 be held to be i~¡:W8Iicable ~9<;¡~~person, p ch holding shall not affect its applicability to any otheFigésq;Q, prcjpBrtY~r circu ~;,n:'\¡~'[~11L t~::'; .",,:)~;~~l~ PART D: APPLlCA 'UTY OÞ ORDíNANC 1: 04'¡~~iil,';; (~_~? This ordinance shall be applica e in the unincorporated areas of St. Lucie County. PART E: FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code, Department of State, 401 South Monroe SI., Elliot Building, Tallahassee, Florida 32399- 0250. PART F: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. PART G: ADOPTION. Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula Lewis Commissioner Joseph E. Smith Commissioner Chris Craft xxx XXX XXX XXX XXX G.\A Tn'\ORDNANCE\2005\05·004 rev. 7.27·05.wpd 9.25 '-' '-' .....,,; ..., PART H: CODIFICATION. Provisions of this Ordinance shall be incorporated in the 51. 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 to G shall not be codified. PASSED AND DULY ADOPTED by the Board of County Commissioners of St. Lucie County, Florida, on this _ day of , 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney G'\ATTY\ORDNANCE\2005\05-004 rev. 7.27-05.wpd 9.26 .... '- '-' AGENDA REOUEST n,...ø NO. 5.)JøÌ- REVISED Date: August 2, 2005 Regular [ ] Public Hearing [X] Consent [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Ordinance No. 05-003 - Historic Preservation Ordinance BACKGROUND: See c.A. No, 05-1264 FUNDS A V AIL.(State type & No, of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve proposed Ordinance No. 05-003 to be effective January 1,2006.. COMMISSION ACTION: ~,APPROVED [] DENIED [ ] OTHER: Approved s-OWith recommended changes, ~ Douglas M. Anderson County Administrator County Attorney: {)I Coordination/Sil!natures Co- ,., J ""' . ¡( Originating Dept: 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-] 264 DATE: July 26, 2005 SUBJECT: Ordinance No. 05-003 - Historic Preservation Ordinance BACKGROUND: On August 2, 2005, the Board of County Commissioners will hold a public hearing on proposed Ordinance No. 05-003 which would create Chapter 1-10.2 (Historic Preservation) of the St. Lucie County Code of Ordinances and Compiled Laws. In addition to the public hearings before the Board and the Local Planning Agency, the County has held several public informational meetings to present the proposed ordinance to the public. The ordinance has also been reviewed by the St. Lucie County Historical Commission, most recently on July 21,2005. A copy of the proposed ordinance and procedural outlines for its implementation are attached. During each of the informational meetings and the pubic hearings, the primary concern expressed by those in attendance has centered around the historic property designation procedures set forth in Section 1-10.2-13 of the ordinance and the potential for designation of a property over the objections of the property owner. As originally drafted, designation required approval by a simple majority of the Board. In response to concerns expressed during the initial public meetings and Local Planning Agency public hearing, that was revised to require a super majority affirmative vote. Despite this revision, it was apparent during the first two public hearings before the Board that these concerns still remain, During the April 19, 2005 public hearing, staff presented an "opt out" provision for the Board's consideration. Under this provision, no further action would be taken with regard to property if the owner notified the Historic Preservation Committee that he object to the proposed designation unless the owner subsequently submitted a designation application. Following public comment on April 19, 2005, the Board directed staff to revise the ordinance to grant additional protection to exceptional historic resources. These revisions are summarized as follows: 1. Page 6 - A definition for "Exceptional Historic Resource" has been added under Subsection 1-10.2-3(18) to recognize those more significant historic and cultural resources which the community seeks to preserve. The criteria for this category are based upon those used to define "Exceptional Historic Resources" on the National Register of Historic Places. 2. Page 9 - A new Section 1-10.2-4 has been added to provide for the establishment of a Historic Preservation Trust Fund which would be used to support historic 1 '-' '-" ....,; .."", preservation efforts in the County, such as grants to owners of designated properties for rehabilitation projects, 3. Page 20 - Subsection 1-10.2-14(11) has been revised to provide for the owner of a designated Exceptional Historic Resource would not be permitted to opt out of the designation once approved by the Board. The owner of a designated Historic Resource would be permitted, however, to opt out of the designation. These properties would remain subject to the existing provisions of Section 4.11.01 of the Land Development Code where applicable (copy attached). 4. Page 21 - A new Section ] -10.2-15 (Emergency Actions) has been added to establish a process to initiate the designation process in response to a proposed demolition or other alteration which might threaten a resource eligible for designation as an Historic Resource. Members of the public have previously expressed concern with regard to the effective date for the ordinance. Accordingly, staff is recommending an January 1, 2006 effective date in order to allow sufficient time to appoint the Historic Preservation Officer and the Historic Preservation Committee and to draft the necessary forms and procedures which will be required to implement the ordinance, RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve proposed Ordinance No. 05-003 to be effective January 1,2006, Respectfully submitted, ~bl..... Heather Young Assistant County Attorney Attachments HY/ Copies to: County Administrator Assistant County Administrator Planning Manager Diana Waite, Planner III 2 '-' '-' ...,.¡ ,..", 4.11.00 HISTORIC PRESERVATION 4.11.01 CHANGES TO HISTORIC STRUCTURES OR SITES A. Changes to historic structures or sites must be reviewed and approved by the Community Development Director. 8. For the purpose of this section, the changes that must be approved include site plans, building permits, demolition permits, DRr's, rezoning applications, conditional use applications, variance applications, land use change applications, and vegetation removal applications. C. The Community Development Director shall consult with the County designated historical group on all projects involving changes to Ihese structures and/or sites. D. Any proposed alteration shan be reviewed for conformance with Objective 7.1.6 and Policies 1.1.5.3 and 7.1.6.1 of the St. Lucie County Comprehensive Plan and The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. E. If the proposed changes/development is disapproved by the Community Development Director, the applicant shall be notified in writing by the Director of the historic value of the structure/site and the reasons the application was disapproved. F. If the applicant or the County designated historical group does not agree with the decision of the Community Development Director, an appeal may be made in writing to the Board of Adjustment within thirty (30) days of the date of notification in accordance with Section 11.11.00. 51. Locie County Land Development Code Adopiiiil Augusl 1. 1990 4-18 . Revised Throughosif5lO~ '-' '-' ...,.¡ """" HISTORIC PRESERVATION CERTIFICATE OF APPROPRIATENESS I. Required for all designated resources - Alteration, restoration, rehabilitation, excavation, move or demolition; includes architectural features, landscape features, or site improvements 2. Pre-Application Conference - Discuss and clarify preservation objectives and guidelines 3. Application - Submitted to HPO 4. Standards of Review A U.S, Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitation of Historic Buildings B. HPC may adopt additional standards 5. Standard Certificate of Appropriateness A Required - Minor alteration, relocation or demolition B. HPO review application to determine whether meets Standards of Review C. Within 10 days of receipt - HPO approves or denies application D. Within 3 days of decision - HPO mails decisions to Owner with explanation E. Appeal- Owner may appeal HPO decision to HPC within 30 days 6. Special Certificate of Appropriateness Major alternation, relocation or demolition A Required (1) Major alteration, relocation or demolition (2) HPO determines application not in accord with Standards of Review B. HPC public hearing required (I) Notice a. Applicant and anyone requesting notice upon payment of fee - 10 days b. Notice published in newspaper 10 days prior to hearing (2) I-IPC may suspend action for an additional 30 days to seek technical advice (3) HPC approves, approves with conditions, or denies 7. Appeals A HPC Decision - (1) File with Clerk of the BCC within 20 days ofHPC written decision (2) BCC Public Hearing - Within 60 days of filing of appeal or first BCC regular meeting thereafter whichever is later B. BCC Decisions - File with Circuit Court pursuant to FL Rules of Appellate Procedure BCC - Board of County Commissioners HPC . Historic Preservation Commission HPO - Historic Preservation Officer '-' '-' ...,.¡ """" HISTORIC PRESERVATION DESIGNATION PROCESS 1, Initiation of Designation Process A. Petition by Owner B. Initiation by HPC upon recommendation of historical group C. Initiation by the Board following Emergency Action public hearing 2. Application Review by HPO A. Incomplete and/or does not meet criteria- No further action pending appeal by Owner B. Detennines application complete and meets criteria (1) HPO initiates Designation Report and submits to HPC (2) HPO schedules public hearing before HPC - Not less than 30 days and not more than 60 days from date Designation Report submitted by HPO 3. Notice Requirements A. Owner - Notice and copy of Designation Report mailed via certified mail at least 30 days before hearing B. Adjacent Property Owners (within 150') - Courtesy notice mailed via certified mail at least 15 days prior to hearing C. Newspaper - Notice published at least 15 days prior to hearing D. Copy of Notice provided to Community Development Director and Public Works Director 4. Interim Protection Period - No building permits issued after owner notification until BCe approves or denies the designation, or 120 days elapses, whichever occurs first. 5. HPC Decision and Recommendation - Within 7 days of public hearing; decision and recommendation to BCC to approve, deny, or amend proposed designation 6. BCC Public Hearing A. Notice Requirements - Same as HPC hearing notice B. BCC approves HPC recommendation as submitted, with conditions, or denies, by resolution C. BCC resolution transmitted to Clerk for recording 8. Appeal Process A. HPC Decision - (1) File with Clerk of the BCC within 20 days ofHPC written decision (2) BCC Public Hearing - Within 60 days of filing of appeal or first BCC regular meeting thereafter whichever is later .. B. BCC Decisions - File with Circuit Court pursuant to FL Rules of Appellate Procedure BCC - Board of County Commissioners HPC - Historic Preservation Commission HPO - Historic Preservation Officer '-' '-' ....,; ...,,¡ HISTORIC PRESERVATION TAX EXEMPTION 1. Scope of Tax Exemption- A One hundred percent (100%) of assessed value of a1\ improvements to historic properties resulting from restoration, renovation, or rehabilitation made on or after the effective date of the Historic Preservation Ordinance B. Applies only to taxes levied by St. Lucie County BCC C. Applies only to real property, not personal property 2. Duration - A Ten (10) years unless owner requests a shorter period in application. B. Survives any ownership changes during the ten (10) years C. Property must retain its historic character during the period of the exemption 3. Eligible Properties - A Individua1\y listed in National Register of Historic Places; B. Identified as contributing property in a National Register of Historic Places listed district; C. Designated as an individual historic property under the St. Lucie County Historic Preservation Ordinance; or, D. Identified as a contributing property to a historic district designated under the St. Lucie County Historic Preservation Ordinance 4. Eligible Improvements - A Consistent with us. Secretary of the Interior's Standards for Rehabilitation and Guidelinesfor Rehabilitation of Historic Buildings; and, B. Historic Preservation Committee determines it meets criteria established in Rule lA- 38, Florida Administrative Code 5. Application - Submit to BCC (HPO) using FL Dept. of State form 6. Required Covenant - Property owner must enter into an agreement with BCC to maintain the historic character of the property and qualifying improvements during the tenn of the exemption. Covenant is binding on property owners, transferees, heirs, successors or assigns. 7. Approval Process - A HPC - Review and recommendation to BCC B. BCC - Approve or deny by majority vote 8. Effective Date - January] sf fo1\owing substantial completion of the qualifying improvement. BCC - Board of County Commissioners HPC - Historic Preservation Commission HPO - Historic Preservation Officer '-" '-" ...,.¡ """" ORDINANCE NO. 05-03 (FORMERLY ORDINANCE No. 04-12) AN ORDINANCE OF THE COUNTY OF ST. LUCIE ,COUNTY, FLORIDA, CREATING CHAPTER 1-10.2 (HISTORIC PRESERVATION) OF THE ST. LUCIE COUNTY CODE AND COMPLIED LAWS TO PROVIDE FOR THE IDENTIFICATION, PROTECTION, RESTORATION AND PROMOTION OF HISTORIC BUILDINGS, SITES, DISTRICTS, LANDSCAPE FEATURES, OBJECTS AND STRUCTURES WHICH HAVE DEMONSTRATED HISTORICAL, ARCHITECTURAL OR ARCHAEOLOGICAL SIGNIFICANCE; CREATING SECTION 1-10.2-1 (SHORT TITLE) TO PROVIDE FOR THE ORDINANCE TO BE KNOWN AS THE "ST. LUCIE COUNTY HISTORIC PRESERVATION ORDINANCE"; CREATING SECTioN 1-10.2-2 (pURPOSE); CREATING SECTION 1-10.2-3 (DEFINITIONS); CREATING SECTION 1-10.2-4 (HISTORIC PRESERVATION TRUST FUND); CREATING ARTICLE II. HISTORIC PRESERVATION OFFICER; CREATING SECTION 1-10.2-5 (APPOINTMENT AND DUTIES); CREATING ARTICLE III. HISTORIC PRESERVATION COMMITTEE; CREATING SECTION 1-10.2-6 (CREATION); CREATING SECTION 1-10.2-7 (COMPOSITION; QUALIFICATION OF MEMBERS); CREATING SECTION 1-10.2-8 (TERM; REMOVAL); CREATING SECTION 1-10.2-9 (ORGANIZATION); CREATING SECTION 1-10.2-10 (MEETINGS; RECORDS); CREATING SECTION 1-10,2-11 (RULES AND REGULATIONS); CREATING SECTION 1-10.2-12 (FUNCTIONS, POWERS AND DUTIES); CREATING ARTICLE IV. DESIGNATION PROCESS AND PROCEDURE; CREATING SECTION 1-10.2-13 (CRITERIA); CREATING SECTION 1-10.2-14 (PROCEDURES FOR HISTORIC DESIGNATION); CREATING SECTION 1-10.2-15. (EMERGENCY ACTIONS); CREATING ARTICLE V. CERTIFICATE OF APPROPRIATENESS; CREATING SECTION 1-10.2-16 (REQUIRED); CREATING SECTION 1-10.2-17 (FORMS AND FEES); CREATING SECTION 1-10.2-18 (PRE-APPLICATION CONFERENCE); CREATING SECTION 1-10.2-19 (STANDARDS FOR REVIEW AND ISSUANCE); CREATING SECTION 1-10.2-20 (STANDARD CERTIFICATE OF APPROPRIATENESS); CREATING SECTION 1-10.2-21 (SPECIAL CERTIFICATE OF APPROPRIATENESS); CREATING SECTION 1-10.2-22 (DEMOLITION); CREATING SECTION 1-10,2-23 (ECONOMIC HARDSIDP); CREATING SECTION 1-10.2-24 (MAINTENANCE OF DESIGNATED PROPERTIES); CREATING ARTICLE VI. CERTIFICATE TO DIG; CREATING SECTION 1-10.2-25 (CERTIFICATE TO DIG); CREATING ARTICLE VII. APPEALS; CREATING SECTION 1-10.2-26 (APPEALS); CREATI NG ARTICLE VIII. PENALTIES; CREATING SECTION 1-10.2-27 (PENALITIES) CREATING ARTICLE IX. INCENTIVES; CREATING SECTION 1-10.2-28 (INCENTIVES); CREATING SECTION 1-10.2-29 (TAX EXEMPTION FOR REHABILITATION OF HISTORIC PROPERTIES); PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; '-" '-' ....,; ..,J PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. There are located within St. Lucie County certain historic and prehistoric archaeological sites and historic areas, structures, buildings and improvements both public and private, both on individual properties and in groupings, that serve as reminders of past eras, events and persons important in local, state and national history; or that provide significant examples of past architectural styles and constitute unique and irreplaceable assets to the county; 2. It is the policy of the Board of County Commissioners of St. Lucie County to recognize the importance of St. Lucie County's historic resources as a component of the economy and to enhance them by encouraging awareness of history historic places and cultural amenities; 3. The adopted comprehensive plan directs the County to identify and protect archaeological and historical properties and to adopt a Historical Preservation Ordinance; 4. On March 22, 2004, the S1. Lucie County Historical Commission recommended approval ofthe Historical Preservation Ordinance; 5, On June 17, 2004, the Local Planning AgencyIPlanning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in The Tribune at least ten (10) days prior to the hearing and recommended that the ordinance be approved. 6. On September 7, 2004, this Board canceled a public hearing on the proposed ordinance, after publishing a notice of such hearing in The Tribune on August 27,2005. 7. On January 25, 2004, this Board held a public hearing on the proposed ordinance, after publishing a notice of such hearing in The Tribune on January 15,2005. 8. On February 15, 2005, this Board held a second public hearing on the proposed ordinance, after publishing a notice of such hearing in The Tribune on February 1,2005. 9. On April 19,2005, this Board held a third public hearing on the proposed ordinance, after publishing a notice of such hearing in The Tribune on March 24, 2005. 2 '-' '-' "'" .." 1 O. On August 2, 2005, this Board held a fourth public hearing on the proposed ordinance, after publishing a notice of such hearing in The Tribune on July 23, 2005. 11. The proposed ordinance is consistent with the general purpose, goals, objectives and policies of the St. Lucie County Comprehensive Plan and is in the best interest of the 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. CHAPTER 1-10.2 (HISTORIC PRESERVATION) of the St. Lucie County Code and Compiled Laws is hereby created to read: ARTICLE 1. GENERAL Section 1-10.2.1. Short title. This ordinance shall be known as the "St. Lucie County Historic Preservation Ordinance. " Section 1-10.2.2. Purpose. (1 ) It is hereby declared as a matter of public policy that the protection, enhancement. and perpetuation of properties of historical. cultural. archaeological. aesthetic and architectural merit are in the interests of the health, prosperity and welfare of the people of St. Lucie County, (2) The purpose of this Ordinance is to protect the significant historic resources of 81. Lucie County. to the maximum extent practicable. in accordance with the goals and policies of the St. Lucie County Comprehensive Plan. by providing procedures for the designation and subsequent review of certain tyPes of changes that are proposed for these resources. (3) The safeguarding of the historic resources in St. Lucie County is also intended to: a. Foster civic pride in the accomplishments of the past b. Protect and enhance the County's historical heritage and provide an economic stimulus through heritage tourism; 3 ....... '-" ....,; .,..¡ c. Promote the protection and maintenance of individual sites and districts in public acquisition programs for the education. pleasure and welfare of the people of St. Lucie County; and d, Encourage adaptive use of historic resources by giving them priority over activities that would harm or otherwise destroy their historic value. e. Enhance property values f. Stabilize neighborhoods and business centers. g. Increase economic and financial benefits to the Countv and its inhabitants. h, Combat blight. 1. Promote historic awareness in the County. 1. Enhance the visual and aesthetic character of the County. k. Protect and enhance the archaeological resources of the County. (4) In addition. the provisions of this Chapter will assist the County and property owners to be eligible for federal tax incentives. federal and state grant funds. and other potential property tax abatement programs for the purpose of furthering historic preservation activities. including. but not limited to. Section 193.503. Florida Statutes. and the National Register of Historic Places program. (5) This ordinance is intended to and shall govern and be applicable to all property located within the unincorporated areas of St. Lucie County, Florida. (6) The historic preservation ordinance shall be filed. and it shall address the following sections: the establishment of an Historic Preservation Committee with powers and duties; the creation of a process to designate historic buildings. sites. districts. landscape features. roads. obiects. structures. and archaeological sites; a process of review for issuing certificates of appropriateness. and an appeal process. The County shall submit the ordinance to the National Register of Historic Places for certification of eligibility for the 1981 Economic Recovery Tax Act. as amended. (7) The St. Lucie County Register of Historic Places is hereby created 'as a means of identifying and classifying various sites. buildings. structures. obiects and districts as historically significant. Section 1-10.2-3. Definitions (1) Adaptive use: The process of converting a building to a use other than that for which it was designed. (2) Addition: A construction project physically connected to the exterior of a historic building. (3) Alteration: Any change affecting the exterior or appearance of an existing improvement by additions. reconstruction. remodeling or maintenance involving change 4 ''-' '-' ....., ....", of color, form, texture or materials, or any such changes 10 appearance of specially designated interiors. (4) Archaeolordcal site: A single specific location that has yielded or is likelv to vieJd information on local history or prehistory. (5) Archaeolordcal zone: A geographically defined area, defined 10 the Archaeological Survey of St. Lucie County, Florida (2000), as amended, which may reasonably be expected to yield information on local history or prehistory based upon broad prehistoric or historic settlement patterns, (6) Artifact: Anv obiect that is a product of human modification or obiects that have been transported to a site bv people. (7) Building: A resource created principally to shelter any form of human activity such as a house, barn, church, hotel or similar construction. (8) Board: The St. Lucie County Board of County Commissioners, (9) Certificate of Avvrovriateness: A certificate issued bv the St. Lucie County Historic Preservation Committee or its designated staff, which permits certain alterations or improvements to a designated individual site or a property within a historic district. (0) Certificate to Dig: A tyPe of certificate of appropriateness required by the County for certain ground disturbing activities, such as filling, grading, and the removal of vegetation and trees but excluding swimming pool excavation. (1) Certified Local Government: A government satisfvingthe requirements of the National Historic Preservation Act Amendments of 1980 (p,L. 96-515) and the implementing of regulations of the D.S, Department of the Interior and the State of Florida, Division of Historical Resources. A government that is certified wiJl review all nominations to the National Register of Historic Places within its iurisdiction prior to reviews at the state and federal levels. (12) Contributinf! resource: A building, site. landscape feature, object, structure, or archaeological resource that adds to the historic associations, historic architectural qualities, or archaeological values for which a property is significant because it was present during the period of significance, relates to the documented significance of the property, and possesses historic integrity or is capable of yielding important historical information. (3) Demolition: The act or process of wrecking, destroying or removing any building or structure. or any portion thereof. 5 '-"' '-' ....,; ...." (14) Desiznated exterior: All outside surfaces of any building or structure that is individuallv listed or listed in the designation report as having significant value to the historic character of the building or district. (15) Desiznation revort: A document prepared by the staff of the Historic Preservation Committee for all properties or districts that are proposed for local historic designation. The report, at a minimum, must include a boundary description of the proposed site or district an evaluation of its significance as it relates to the criteria for significance. location maps, representative photographs and a physical description of the historic resource( s ). (16) Earthworks: Earthworks consist of linear ridges, circular embankments, and causeways constructed of earth and/or shell. as well as their associated borrow pits, and both linear and circular ditches. These are most often associated with other precontact features such as mounds or middens, but they may occasionally be encountered in isolation, (17) Excavation: Any mechanical or manual removal of rock, consolidated or unconsolidated soil material. sand, or vegetation. "Excavation" includes, but is not limited to, dredging, draglining, bulldozing, scraping, digging, scooping, or hollowing out. (18) Excevtional historic resource: A cultural or historic resource which would reasonably meet national. state or local criteria for historic designation and meets one or more of the following criteria: a. It is one of a kind or one of the last of its kind in the County or region; or falls within a category of resources so fragile that survivors are unusual. b. It possesses a design value quickly recognized as historically significant by the architectural or engineering profession. c. It falls within a category of those resources for which the community has an unusually strong associative attachment; or reflects the extraordinary impact of a political or social event. d. It is an integral part of a district that is eligible for listing in the National Register of Historic Places. e. Retention of the historic resource promotes the public good of the County by providing an opportunity to interpret history, architecture and design. (19) Historical Commission: The St. Lucie County Historical Commission established pursuant to Section 1-16-41, St. Lucie County Code of Ordinances and Compiled Laws. 6 ~ ....,; ....,; '-' (20) Historic district: A geographically defined area possessing a significant concentration, linkage or continuity of buildings, structures, obiects, improvements or landscape features. united by historic events or by plan or physical development. and which area has been designated as a Historic District pursuant to procedures described herein. (21) Historic landscave feature: Individual plants, such as a specimen tree, or groups of plants, such as a hedge, allee, agricultural field, planting bed, or a naturally occurring plant community or habitat, with historical significance. (22) Historic Preservation Committee: The S1. Lucie County Historic Preservation Committee, a citizen advisory committee established in accordance with Article III of this ordinance. (23) Historic Preservation Officer: A person appointed by the County Administrator to serve as the staff to the Historic Preservation Committee, That person shall be experienced in. or knowledgeable about, architectural history, urban design, historic preservation principles, planning and land use regulations. (24) Historic Preservation Trust Fund: The S1. Lucie County Historic Preservation Trust Fund created for the purpose of funding the preservation of historic resources within the unincorporated areas of the County. (25) Historic resource: Any prehistoric or historic district, site, building, obiect or other real or personal property of historical. architectural or archaeological value. The properties may include, but are not limited to, monuments, memorials, habitations, ceremonial sites, abandoned settlements, sunken or abandoned ships. engineering works, treasure troves, artifacts, or other obiects with intrinsic historical or archaeological value, or any part thereofrelating to the history, government or culture of the County, the State of Florida, or the United States of America. (26) Interim vrotection measure: The interim period of time needed to protect a property from demolition, relocation. alteration, or new construction until such period of time provided by law passes for the property to be considered for designation as a historic site. or historic district, or zone. (27) Local Ref!ister of Historic Places: The S1. Lucie County Register of Historic Places. (28) National Ref!ister of Historic Places: A federal listing maintained by the U.S. Department of the Interior of buildings, structures, sites, obiects and districts that have met the criteria for significance contained in the National Historic Preservation Act of 1966 (as amended.) 7 '-' '-' ....,; ...." (29) Non-contributim! resource: A building, site, landscape feature, obiect, or structure that does not add to the historic architectural qualities, historic associations or archaeological values for which a property is significant because it was not present during the period of significance or does not relate to the documented significance of the property and/or, due to alterations, disturbances, additions, or other changes, it no longer possesses historic integrity or is no longer capable of yielding important information about the period. (30) Ob;ect: Those obiects that are primarily artistic in nature, or are relatively small in scale and simply constructed. It may be, by nature or design, movable; an obiect is associated with a specific setting or environment. (31) Ordinarv maintenance and repair: Any exterior work for which a building permit is not required by law, where the purpose and effect of such work is to correct any physical deterioration or damage of an element by restoring it as nearly as possible to its appearance using materials consistent with the original materials. (32) Preservation: The act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. (33) Rehabilitation: The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use, while preserving those portions or features of the property that are significant to its historical, architectural and cultural values. (34) Resource of Exceptional Imvortance: A historic resource that is of excevtional imvortance because it is (a) one of a kind; (b) directlv related to a maior theme in the County or ref!ion's development: and (c) sif!nificant in multivle areas which can include historv, architecture. landscave desif!n, or archaeoloJ!V. (35) Restoration: The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of removal of Jater work or by the replacement of missing earlier work and utilizing traditional materials. (36) Scale: The character of any architectural work is determined both in its internal space and in its external volume by the fundamental factor of scale, the relation between the interior space and exterior volume. (37) Secretarv of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitation of Historic Buildinf!s: A set of guidelines produced by the Department of the Interior that establish professional standards and provide advice and guidelines on the rehabilitation of historic properties and acceptable preservation treatments. The standards pertain to exterior and interior work on historic buildings. 8 '-' '- ...,.¡ .."" (38) Site: The location of a significant event, a prehistoric or historic occupation or activity, or a structure, whether standing, ruined, or vanished, where the location itseJf possess historic, cultural, archaeological, or paleontological value regardless of the value of any exiting structure. (39) St. Lucie Countv Historic Resources Survey. 2003: A survey that identifies the historic resources of St. Lucie County. The survey results include mapping: photographic documentation: research into the date of construction and original uses; and a detailed description of each resource. (40) SJJecial Certificate of Appropriateness: A Special Certificate of Appropriateness is required for work that includes: additions, alterations, new construction, relocations, or demolition. and for those instances when the proposed work is deemed to have a significant impact on the historic resource(s). The Historic Preservation Committee shall review the request. (4]) Standard Certificate of AVJJropriateness: A Standard Certificate of Appropriateness shall be issued by the staff of the Historic Preservation Committee when the work proposed is a minor alteration. routine maintenance or in-kind replacement as set forth in the rules adopted by the Historic Preservation Committee. (42) Sf. Lucie Countv Re5!ister of Historic Places: A register of those individual cultural and historic resources and districts that have been designated as historic pursuant to this ordinance, (43) Streetscape: A view or vista of a specific street, the distinguishing characteristics of which are created by the width of the street and sidewalks, their paving material and color. the design of street furniture, the use of plant materials such as trees and shrubs, the setback, mass. proportion and scale of those buildings that enclose the street. (44) Structure: Those functional constructions made usually for purposes other than human shelter. (45) Undue economic hardshiv: An exceptional financial burden that might otherwise amount to the taking of property without just compensation, or failure to achieve a reasonable economic return. Section 10.2-4. Historic Preservation Trust Fund. (1) The Clerk of the Circuit Court of S1. Lucie County, acting as clerk and auditor to the Board is hereby authorized and directed to establish in the accounts of the Board of County Commissioners a S1. Lucie County Historic Preservation Trust Fund. The Clerk shall deposit such funds donated or otherwise contributed to the County for historic preservation into the S1. Lucie County Historic Preservation Trust Fund. 9 '-' "w ....,; .." (2) The Board shall distribute the funds placed in the St. Lucie County Historic Preseryation Trust Fund, plus accrued interest. to undertake a historic preservation strategy as determined by the Board. ARTICLE II. HISTORIC PRESERVATION OFFICER Section 1-10.2-5. Appointment and duties. The County Administrator shaH appoint an employee of the Board to serve as the St. Lucie County Historic Preservation Officer. The appointee shall be knowledgeable and experienced in architectural history, urban design, local history, site planning and land use regulations. The Historic Preservation Officer shall: (1 ) Schedule the meetings of the Historic Preservation Committee. prepare agendas, and ensure that proper notice of the meetings are afforded to the public and affected parties. (2) Prepare local historic designation reports and make recommendations to the Historic Preservation Committee as to whether or not they meet the designation criteria under Article IV of this ordinance, (3) Upon receipt of a completed application for a Certificate of Appropriateness. evaluate the scope of the proiect to determine whether it will be considered for review as a Standard or Special Certificate of Appropriateness. and then process the application as described in Article V and VI of this ordinance. (4) Maintain and update the official inventory and map of historically designated sites and districts, (5) Prepare summaries of all decisions regarding applications to include the criteria and conditions for approval or denial. (6) ReviewaH plans for designated historic sites and historic districts. for their compliance with the terms and conditions of applicable Certificates of Appropriateness or Certificate to Dig prior to the issuance of a construction or vegetation removal permit. (7) Apply for preservation grants and actively participate in other historic preservation programs. such as the Historic Marker Program. administered by the Florida Division of Historical Resources. Bureau of Historic Preservation. (8) Serve as the Certified Local Government Coordinator between the Board and the Florida Division of Historical Resources. Bureau of Historic Preservation. 10 Section 1-10.2-6. ~ 'w ....." ..; ARTICLE III. HISTORIC PRESERVATION COMMITTEE Creation. The St. Lucie County Historic Preservation Committee is hereby created and established as a committee of the St. Lucie County Historical Commission. The Committee is hereby vested with the power, authority and iurisdiction to recommend local historic designations: issue Certificates of Appropriateness; and to regulate and administer the historical. cultural, architectural and archaeological resources in 8t. Lucie County, as prescribed by this ordinance and the direct jurisdiction and legislative control of the Board. Section 1-10.2-7. Composition; Qualification of members. (1 ) The Historic Preservation Committee shall consist of seven (7) members. Each one of the five (5) County Commissioners shall individually appoint one member of the Historic Preservation Committee whose term shall coincide with the tenu of the Commissioner who appointed that member. The Board shall collectively appoint the other two (2) at large members from the Historical Commission whose initial tenus on the Historic Preservation Committee shall be established by resolution of the Board. Each member of the Historic Preservation Committee shall hold office only so long as he or she is a resident of St. Lucie County. To the extent practicable, the Board shall appoint practicing or retired professional members from the following disciplines who have demonstrated a significant level of interest. experience or knowledge in historic preservation: a. Anthropology or archaeology b. Real estate, land development or finance c. History, folklore or architectural history d. Conservation or curation e. Architecture or historic architecture f. Historic preservation g. Land use planning or historic preservation planning h. General or residential contractor 1. Professional engineer In the event persons in such disciplines are unavailable, the Board may appoint individuals who have demonstrated a significant level of interest. experience or knowledge in historic preservation, (2) Special advisors may be appointed by the Board upon the recommendation of the Historic Preservation Committee. They shall serve as ex-officio members having no vote. The Historic Preservation Committee may also seek expertise on proposals or matters requiring evaluation by a profession not represented on the Historic Preservation Committee. 11 "" '""'" .."" -.... (3) Members of the Historic Preservation Committee shall serve without compensation. but shall be reimbursed for necessary expenses directlv related to the performance of their official duties. Section 1-10.2-8. Term: removal. (1) The term limit for service to the Historic Preservation Committee shall be two (2) consecutive four (4) year terms. not to exceed a total of eight (8) years. (2) An at large member of the Historic Preservation Committee may be removed from office only by a vote of the Board. (3) Should a Historic Preservation Committee member fail to attend three (3) consecutive meetings. the Committee Chairman shall certify the same to the Board. Upon such certification, the member shall be deemed to have been removed and the Board shall fill the vacancy by appointment. Section 1-10,2-9. Organization. The members of the Historic Preservation Committee shall elect members to serve as the Committee's Chair and Vice-Chair. for a period of one (1) year. Nothing shall prevent the Historic Preservation Committee from electing a Chair or Vice-Chair for successive terms. The Historic Preservation Officer or such Officer's representative shall serve as staff liaison to the Historic Preservation Committee with no vote. Section 1-10.2-10. Meetings, records (1) Meetin£s. The Historic Preservation Committee shall be required to hold regular meetings at least four (4) times a year or more frequently as may be necessary to satisfy the review and hearing requirements set forth in the this ordinance. The Historic Preservation Committee may conduct special meetings as the Historic Preservation Committee may determine. or at the call of the Chair for consideration of business before the Historic Preservation Committee. All meetings of the Historic Preservation Committee shall be publicly announced and shall be open to the public. Meetings will have a previouslY advertised agenda. The time and place of the meetings, the order of business and the procedures to be followed shall be as prescribed by the Historic Preservation Committee and shall be available for public inspection. All meetings convened to consider local historic designation. Certificates to Dig or Special Certificates of Appropriateness shall be advertised at least ten (J 0) days prior to the meeting in a newspaper having a general circulation within St. Lucie Countv. (2) Voting. All Historic Preservation Committee meetings will be held in a public forum, A maiority of the Historic Preservation Committee shall constitute a 12 \r """ ..., """" quorum. and an affirmative vote equal to a maiority of the quorum present. whichever is greater. shall be necessarv for the adoption of anv motion. (3) Minutes. The Historic Preservation Committee shall keep minutes and records of all meetin~s and proceedings. including voting records. attendance, resolutions. findings, determinations. and decisions. Such records shall be filed in the office of the Historic Preservation Officer and shall be open for public inspection. Section 1-10.2-11. Rules and regulations. The Historic Preservation Committee shall recommend to the Board such rules and regulations reasonably necessary and appropriate for the proper administration and enforcement of the provisions of this ordinance. Such rules and regulations shall conform to the provisIons of this ordinance, shall not conflict with any applicable laws or regulations. and shall govern and control procedures. hearings and actions of the Historic Preservation Committee. No such rules and regulations shall become effective until a public hearing has been held by the Board upon the proposed rules and regulations, and any amendments or modifications thereto, and the same have been approved by resolution of the Board and filed with the Clerk of the Circuit Court. Upon approval by the Board, such rules and regulations shall have the force and effect of law within the unincorporated areas of S1. Lucie County. Florida. Section 1-10.2-12. Functions, powers and duties. The Historic Preservation Committee shall have the following powers and duties: (1) Recommend adoption or amendment of Rules of Procedure. (2) Recommend designation of individual sites, and historic districts and archaeological zones. (3) districts. Initiate petitions for the designation of individual sites and historic (4) Issue or deny Certificates of Appropriateness and Certificates to Dig. (5) Approve historical markers for properties listed in the S1. Lucie County Register of Historic Places. (6) Recommend building and zoning amendments to the proper authorities, (7) Establish criteria for staff to Issue Standard Certificates of Appropriateness. 13 '-' ......... ...." ....; (8) Review and update the St. Lucie County Historic Resources Survey and the Archaeological Survey ofSt. Lucie County. (9) Promote the awareness of historic preservation concerns throughout the community, (10) Review and make recommendations regarding the acceptance of donations of real property to the Board. (11) Recommend as appropriate that certain provisions of the zoning code be varied. amended or superceded as a means of encouraging historic preservation. (12) Contact public and private organizations and individuals for the purpose of arranging intervening agreements that may lead to the preservation of historic resources that might otherwise be demolished. (13) Evaluate and comment upon pending decisions by other public agencies that affect the physical development and appearance of architecturally. archaeologically or historically significant sites. districts and archaeological zones. (14) Coordinate with the State of Florida's Division of Historical Resources Certified Local Government program as follows: a. The Division shall be given thirty (30) days prior notice of all meetings and within thirty (30) days following such meetings the Division shall be provided with the minutes and record of attendance of both the Committee and the public. b. The Division shall be notified of any change of Committee members within thirty (30) days of any changes in membership, c. Notify the State Historic Preservation Officer within five (5) business days of all new historic designations or alterations to existing designations, d. Any amendments to the ordinance shall be submitted to the State Historic Preservation Officer for review and comment at least thirty (30) days prior to adoption. e. The Division of Historical Resources shall be provided with an annual report by November 1 covering activities of the previous October 1 through September 30 and shall include the following information: 1. Any changes in the Board's Rules of Procedure; 2. All new National Register listings: 3. All new local historic designations and alterations to existing designations; 4. Any changes to Board memberships and a copy of their resumes; 14 '-' '-" ....,; .,; 5, Revised resumes of Board members as appropriate; 6. Any amendments to this Chapter; 7. A review of survey and inventory activities with a description of the system used; 8. A program report on each grant-assisted activities; and 9. Number ofproiects reviewed. (15) The Historic Preservation Committee shall have the authority to review applications for Certificates of Appropriateness for all property in the unincorporated S1. Lucie County. however owned, by either private or public parties. Except as otherwise provided by law. this shall apply equally to plans: projects or work executed or assisted by any private party. governmental body or agency, department. authority or board of a municipality, the County, or the State of Florida. (16) The Historic Preservation Committee shall receive all nominations of local property to the National Register of Historic Places following the regulations of the State Historic Preservation Office, The Committee shall give notice to the owner of the property at least thirty (30) days but not more than seventy-five (75) davs prior to the Historic Preservation Committee meeting at which the nomination will be considered. The Committee shall also obtain approval by the Board for the nomination to the National Register, and these recommendations shall be given to the Board within thirty (30) days. The Committee shall obtain comments from the public that shall be included in the report making a recommendation, Obiections to being listed in the National Register by property owners must be notarized and filed with the Historic Preservation Officer. Within thirty (30) days after the Board meeting, the Committee recommendation shall be forwarded to the State Historic Preservation Officer. The State Historic Preservation Officer will take further steps on the nomination in accordance with federal and state regulations. If the Board supports the nomination. the State Historic Preservation Officer will schedule the nomination for consideration by the state review board for the National Register at its next regular meeting. ARTICLE IV. DESIGNATION PROCESS AND PROCEDURE Section 1-10.2-13. Criteria. (1 ) The Historic Preservation Committee shall have the' authority to recommend designation of buildings. sites, districts. landscape features. roads. objects. structures and resources as sites. districts or zones that are significant in S1. Lucie Countv's history. architecture, archaeology or culture and possess an integrity ofJocation, design. setting, materials, workmanship. feeling or association, and meets one or more of the following criteria: a. Significant Event - Associated with distinctive elements of the cultural. social. politicaL economic, scientific, religious, prehistoric and 15 '-" '-" ..." ..,; architectural history that have contributed to the pattern of history m the community. S1. Lucie County. the region. the state or the nation; or b. Significant Person - Associated with persons significant In the County. the region. the state or the nation's past or c. Architectural Significance Embodies the distinctive characteristics of a type. period. style or method of construction or work of a master; or that possess high artistic value; or that represent a distinguishable entity whose components may lack individual distinction; or d. Archaeological Significance - Has yielded. or IS likely to vield information in history or prehistory; or e. Listed in the National Register of Historic Places; or f. Aesthetic Significance - Is part of or related to a landscape, park. environmental feature or other distinctive area. and should be developed or preserved according to a plan based upon' a historic. cultural. or architectural motif: or because of its prominent or special local. contrast of siting. age. or scale is an easily identifiable visual feature of a neighborhood or area or contributes to the distinctive quality of such neighborhood or area. (2) Certain properties. which include cemeteries, birthplaces, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations. properties that have achieved significancè within the last fiftv (50) years, and properties commemorative in nature will not normally be considered for designation on the S1. Lucie County Register of Historic Places. However, such properties will qualify if they are integral parts of districts that do meet the criteria. or if they fall within the following categories: a. A religious property deriving primary significance from architectural or artistic distinction of historical importance; b. A building or structure removed from its location but which is primarily significant for architectural value. or is the surviving structure most importantly associated with an historic event or person; c. There is no other appropriate site or building directly associated with the Jife of a person significant in the County. the region. the state or the nation's past d. A cemetery that derives its primary significance from graves of persons of transcendent importance. from age. distinctive design features. or from association with historic events; 16 "" '-' ...,I '" e. A property primarily commemoratiye in intent if design. age, tradition or svmbolic yalue has inyested it with its own historical significance; f. A property or district achieving significance within the past fifty (50) years if it is of exceptional importance. Section 1-10.2-14. Procedures for historic desieoation. Properties that meet the criteria for local historic sites and local historic districts set forth in Section 1-10,2-12 shall be designated according to the following procedures: (1) Petition of the owner. The owner(s) of any property in St. Lucie County may petition the Historic Preservation Committee for designation of their property as an individual site or district. The Historic Preservation Officer shall. based on its findings, either recommend a designation report be prepared or recommend denial of the petition. Nothing in this subsection shaH be deemed to restrict the power of the Historic Preservation Committee to initiate the designation process pursuant to this section. "".., (2) Directive of the Historic Preservation Committee. The Historic Preservation Committee shall either accept or deny the application. By accepting the application, the Historic Preservation Committee must set a date for a public hearing and shall direct staff to complete the designation report and notify the proper parties of the public hearing. (3) Initiation bv the Historic Preservation Committee - Based upon recommendations from local, state or national historica]' organizations. the Historic Preservation Committee may initiate the designation of properties which would meet the criteria for an Exceptional Historic Resource as defined in Section 1-10.2-3(18) by notifYing the property owner and directing the Historic Preservation Officer to prepare the designation report. (4) Desffmation Reports, Prior to the designation of an individual site Or a district, the Historic Preservation Officer shaH prepare an investigation and designation report and submit it to the Historic Preservation Committee. All reports must address the following: a. Legal description of the property. b. The historical. cultural, architectural or archaeological significance or how the property fulfills the criteria for designation. c. Whether the property meets the criteria for an Exceptional Historic Resource as defined in Section 1-10.2-3(18). 17 '-' ~ ..." ...; d. Boundaries for individual historic sites and a recommendation of boundaries for districts. When a district is recommended. the report must identify those properties which are considered "contributing" (i.e.. that they contribute to creating the historic character of the district) or "non- contributing" (i.e.. that they do not contribute to creating the character of the district). but which require regulation in order to control potentially adverse influences on the character and integrity of the district. The standards for regulating non-contributing properties shall provide that a Certificate of Appropriateness and/or Certificate to Dig. as appropriate. shall be required for alterations and new construction on such properties. e, Zoning Regulations. Every historic site and historic district may include detailed zoning regulations made to be compatible with its designation. Such regulations may be designed to supplant or modify any element of existing zoning regulations. including but not limited to use. floor area ratio. density. height. set-backs. parking. minimum lot size or create any additional regulations provided for in this section. The zoning amendment may identify individual properties. improvements. landscape features or sites for which different regulations; standards and procedures may be required, Said zoning regulations shall not be effective until the Board approves the regulations. f. The report shall also contain a location map and photographs of all exterior surfaces. and interiors when applicable. g. Optional Designation of Interiors. Normally interior spaces shall not be subiect to regulation under this ordinance; however. in cases of existing structures that possess interior spaces that are of exceptional architectural. artistic or historical importance, and are interior spaces which are customarily open to the public. they may be specifically designated. The Designation Report shall describe precisely those features subiect to review and shall set forth standards and guidelines for such regulations. h. Designation reports shall also include a copy of any survey materials related to such property. the property appraiser's records of such property and a copy of the public hearing newspaper advertisement. (5) Notification of owner. For each proposed designation of an individual site or district. the Historic Preservation Committee is encouraged to obtain the permission of the property owner(s) of the individual site or within the designated area. and is responsible for sending by certified mail a COpy of the designation report to the owner(s) as notification of the intent of the Historic Preservation Committee to consider designation of the property at least thirty (30) days prior to a public hearing held pursuant to this ordinance. 18 "" '-" ....,; .." (6) Interim "rotection measure: From the date of said notification of the owner, no building construction or vegetation removal penTIit for any new construction, alteration, relocation, or demolition or surface alterations that may affect the property proposed for designation shall be issued until the Board approves or denies the designation in accordance with this section, or one hundred twenty (120) days have elapsed, whichever shall occur first (7) Notifìcation of zovernment agencies. Upon filing of a designation report, the Historic Preservation Officer shall immediateJv notify the appropriate building and zoning department, the appropriate public works department and any other County or municipal agency, including agencies with demolition powers, that may be affected by said filing. (8) Notice of Historic Preservation Committee "uhlic hearinz. For each individual site or district proposed for designation, a public hearing must be held no sooner than thirty (30) days and within sixty (60) days from the date a designation report has been filed with the Historic Preservation Committee. Property owners within a radius of 150' from the area proposed for designation shall receive a courtesy notice of the hearing. to be mailed at least fifteen (15) days prior to the date of the hearing. Owners of record of the proposed designated properties, shall be notified of the public hearing by certified mail to the last known address of the party being served; however, failure to receive such notice shall not invalidate the same as such notice shall also be perfected bv publishing a copy thereof in a newspaper of general circulation at least fifteen (15) days prior to the hearing. Owners shall be given an opportunity at the public hearing to obiect to the proposed designation. (9) ReQuirement of wom"t decision and notifìcation. Following the public hearing, the Historic Preservation Committee shall recommend approval, denial or amendment of the proposed designation, including whether the property should be considered an Exceptional Historic Resource, and shall forward its recommendation to the Board within thirty (30) days of the hearing for final approval. (10) Notice of Board "uhlic hearinz. Upon receipt of the Historic Preservation Committee's recommendation, the Board shall schedule a public hearing to consider the proposed designation. The public hearing must be held no sooner than thirty (30) days and within sixty (60) days from the date the Historic Preservation Committee recommendation is filed with the Board. Property owners within a radius of 150' from the area proposed for designation shall receive a courtesy notice of the hearing, to be mailed at least fifteen (15) days prior to the date of the hearing. Owners of record of the proposed designated properties, shall be notified of the public hearing by certified mail to the last known address of the party being served: however, failure to receive such notice shall not invalidate the same as such notice shall also be perfected by publishing a COPy thereof in a newspaper of general circulation at least fifteen (15) days prior to the hearing. 19 '-' '-' ....,; """" Owners shall be given an opportunity at the public hearing to obiect to the proposed designation, (11) Requirement of /Jrompt decision and notice. The Board shall either approve, deny or approve with conditions the designation, including whether the property constitutes an Exceptional Historic Resource, and shall designate the property by resolution, Except for property determined to be an Exceptional Historic Resource. the Owner. or a maiority of the Owners if owned by more than one person, or a maiority plus one of the Owners in a proposed historic district. may reiect the designation in writing by filing a written statement with the Historic Preservation Officer. In the event the designation is reiected. the provisions of this ordinance governing designated historic properties shall not apply to the subiect property or district. The property shall remain subiect. however. to the provisions of Section 4,11.01. S1. Lucie County Land Development. if applicable. If approved. the property shall be added to the St. Lucie County Local Register of Historic Places. The following parties shall be notified of its actions with a copy of the resolution. a. St. Lucie County Growth Management Department; b. St. Lucie County Public Works Department; c. St. Lucie County Clerk of Court; d. Owner(s) of the designated property and other parties having an interest in the property. if known; e. Any other County or municipal agency. including agencies with demolition powers, that may be affected by this action; and. £. S1. Lucie County Property Appraiser. (12) Amendment or rescission. In the event the Historic Preservation Committee determines a property no longer in full or in part meets the criteria set forth in Section 1-10.2-13, the Historic Preservation Committee may recommend an amendment or rescission of any designation provided it complies with the same manners and procedures used in the original designation. (13) ADDeal of Desif[nation. A party aggrieved by a designation decision may appeal such decision in the manner provided for in this ordinance. (14) Recording of desifmation. The Board shall provide the Clerk of Circuit Court with all designations for the purpose of recording such designation and the Clerk of Circuit Court shall thereupon record the designation according to law. (15) Sf. Lucie County Local Ref[ister MaD. On or before October 151 of each year. the Historic Preservation Officer shall prepare a map showing all properties listed on the Local Register of Historic Places as of that date. The Historic Preservation Officer may update the map at such other times as he deems appropriate to reflect changes to the Local Register. 20 '-' ........ ...., ...,; Section 1-10.2-15. Emere:encvactions. (]) The Historic Preservation Officer may request the Historic Preservation Committee to take emergency action to review a threat to a property which has not yet been designated as a historic resource but which appears to be eligible for such designation, if the Historic Preservation Officer determines irreparable harm will be done to the historic resource if the proposed demolition. alteration, or construction is allowed to occur. (2) The department receiving an application concerning a potential historic resource shall provide written notification to the Historic Preservation Officer within five (5) working days of the receipt of the application for permits which do not require a public hearing. (3) If the Historic Preservation Officer determines irreparable harm will be done to the potential historic resource if the proposed demolition. alteration, or construction is allowed to occur. the Historic Preservation Officer will schedule the matter for consideration by the Hístoric Preservation Committee. Notice of the public hearing will be provided in accordance with the provisions of Subsection 1-10.2-14(11 ). (4) All construction activity requiring building permits or the processing of permit applications relating to the property shall be held in abeyance until the review by the Board is completed with regard to the subiect property. (5) Review and determination by the Historic Preservation Committee: (a) At the public hearing, the Historic Preservation Officer shall present a report to the Historic Preservation Committee regarding the architectural. historical and archaeological significance of the subiect property. including an evaluation of the property under the criteria set forth for historic designation in Subsection 1-10.2-13(1). The Historic Preservation Committee shall also hear testimony from the owner, the applicant and all other interested persons. (b) At the close of the public hearing, the Board shall determine whether all of the following findings of fact have been established: 1. There is a real and present danger to the subiect propertv as evidenced by the owner or applicant's proposal. 2. Based upon the best available data. the subiect property appears eligible for historic designation pursuant to this chapter. The fact that the property has not been nominated for included on the National Register of Historic Places shall not in itself be grounds for approval of the proposed work or development req uest. 21 \wo' '-' ~ ..; 3. During consideration of historic designation, the applicant and/or owner will not be denied all reasonable use of the property. (6) Based upon its findings of fact as provided above. the Historic Preservation Committee shall recommend to the Board the historic designation procedures should be initiated for the subiect property. Following receipt of the Historic Preservation Committee's recommendation, the Board shall conduct a public hearing in accordance with the notice procedures set forth in Section 1-10.2-14(0). If in the iudgment of the Board all of the findings of fact as set forth above have been established. the Board shall initiate the historic designation procedures for the subiect property. Should sufficient evidence be presented at the public hearing, the Board may designate the property as a public hearing, or it may request further information and set a date for a final historic designation hearing to be held within ninety (90) days. (7) If the historic designation procedures are initiated, the County shall make every effort to complete the historic designation process in a timely fashion. Except as otherwise set forth in this section. the historic designation process shall follow the same procedures as a regular historic designation. ARTICLE V, CERTIFICATE OF APPROPRIATENESS Section 1-10.2-16. Required 0) No building, site. landscape feature, obiect, structure, or earthwork, within St. Lucie County which has been designated pursuant to this ordinance or is located within an archaeological zone as defined in Section 1-10.2-3 shall be altered. restored, rehabilitated, excavated, moved or demolished until an application for a Certificate of Appropriateness regarding any architectural features. landscape features or site improvements-has been submitted to and approved pursuant to the procedures in this article. The application shall include, but not be limited to, the architectural style, scale, massing, siting. general design and general arrangement of the exterior of the building or structure, including the type, style and color of roofs. windows, doors, walls and appurtenances. Architectural features shall include, when applicable, interior spaces where interior designation has been given pursuant to Article IV, Landscape features and site improvements shall include, but are not limited to, site grading, subsurface alterations, fill deposition, paving, landscaping, vegetation removaL walls, fences, courtyards, signs and exterior lighting. No Certificate of Appropriateness shaH be approved unless the architectural or development plans for said construction, alteration. excavation, restoration. rehabilitation, relocation or demolition are approved by the Historic Preservation Committee. (2) No permit shall be issued by the County that affects any property designated pursuant to this ordinance without a Certificate of Appropriateness, 22 '-' '-' ....,; """ (3) All work performed pursuant to the issuance of the Certificate of Appropriateness shall conform to the requirements of the certificate. The Board shall designate an appropriate official to assist the Historic Preservation Committee by making necessary inspections in connection with enforcement of this chapter and shaH be empowered to issue a stop work order if performance is not in accordance with the issued certificate. No work shall proceed as long as a stop work order continues in effect. Copies of inspection reports shall be furnished to the Historic Preservation Committee and copies of any stop work orders both to the Historic Preservation Committee and the applicant. The Public Works Director or appropriate official and staff for the Historic Preservation Committee shaH be responsible for ensuring that any work not in accordance with an issued Certificate of Appropriateness shall be corrected to comply with the Certificate of Appropriateness prior to withdrawing the stop work order. (4) Any certificate of appropriateness issued pursuant to the provision of this section shall expire twelve (12) months from the date of issuance, unless the authorized work is commenced within this time period or a building permit has been obtained. (5) Any change in work proposed subsequent to the issuance of a certificate of appropriateness shall be reviewed by the Historic Preservation Officer. If the Historic Preservation Officer finds that the proposed change does not affect the property's historic character and that the change is in accord with approved guidelines, standards and the general intent of the original certificate of appropriateness, the Historic Preservation Officer may issue a supplementary standard certificate of appropriateness for such change. If the proposed change is not in accord with the guidelines, standards or the original intent of the Certificate of Appropriateness, a new application for a special certificate of appropriateness shall be required. (6) A designated structure or home that is located in a historic district or archaeological zone may not be relocated except upon approval of a certificate of appropriateness. In considering such certificate the Board shall determine whether any reasonable alternative is available for preserving the improvement or structure on its original site and whether the proposed relocation site is compatible with the historic and architectural integrity ofthe improvement or structure. (7) For the puroose of remedying emergency conditions determined to be dangerous to life, heaJth or property. nothing contained herein shall prevent the making of any temporary construction, reconstruction or other repairs to a building or site in St. Lucie county, pursuant to an order of a government agency or a court of competent iurisdiction. The owner of a building damaged by fire or natural calamity shall be permitted to stabilize the building immediatelv without Historic Preservation Committee approval and to rehabilitate it Jater under the normal review procedures of this ordinance. (8) Where the Historic Preservation Officer or the Historic Preservation Committee determines that any improvement within a designated historic site or 23 '-" '-' 'wtI .., designate historic district is endangered by lack of maintenance and repair, or that other improvements in visual proximity to a historic sight or historic district lack maintenance and repair to such an extent as to detract from the desirable character of the historic site or historic district. such determination shall be reported to the Code Compliance Division. In the event the County Building Official determines that any structure within a designated historic site or historic district is unsafe pursuant to the Florida Building Code, as adopted by the County, or in violation of the Property Maintenance Ordinance as set forth in Section 13.09.00 of the S1. Lucie County Land Development Code, such official shall immediately notify the Historic Preservation Committee with a copy of any findings. Where reasonably feasible within applicable laws and regulations, the Code Compliance Division shall endeavor to encourage repair of the structure rather than its demolition and shall take into consideration any comments and recommendations by the Historic Preservation Officer. The Historic Preservation Committee and/or the Board may take appropriate action to encourage preservation of any such structure. Section 1-10.2-17. Forms and fees. Applications for Certificates of Appropriateness must be made on forms approved and provided by the Historic Preservation Committee and must be submitted with the appropriate fee to the Historic Preservation Officer pursuant to the fee schedule established by resolution of the Board. Section 1-10.2-18. Pre-application conference Before submitting an application for a Certificate of Appropriateness, an applicant is encouraged to confer with the Historic Preservation Officer to obtain information and guidance before entering into binding commitments or incurring substantial expenses in the preparation of plans, surveys and other data. At the request of the applicant, the Historic Preservation Officer, or any member of the Historic Preservation Committee, an additional pre-application conference shall be held between the applicant and the Historic Preservation Committee or its designated representative. The purpose of such conference shall be to further discuss and clarify preservation obiectives and guidelines, In no case, however, shall any statement or representation made prior to the official application review be binding on the Historic Preservation Committee, the Board, or any County department. The owner(s) of a designated property are also encouraged to consult with the Historic Preservation Officer prior to the commencement åf any routine maintenance and/or repairs to the site. Section 1-10.2-19. Standards for review and issuance. The US. Secretary of the Interior's Standards for the Rehabilitation are hereby adopted as the standards by which applications for any Certificates of Appropriateness are to be measured and evaluated. In adopting these standards. it is the intent of this ordinance to promote the proper maintenance. restoration, preservation, rehabilitation appropriate to the property. and compatible contemporary designs which are harmonious with the 24 '-' '-' ""'" ..." exterior architecture and landscape features of neighboring buildings, sites and streetscapes. From time to time, the Historic Preservation Committee may adopt additional standards to preserve and protect special features unique to the County. Based on the Secretary of the Interior's Standards. the designation report, a complete application, any additional plans, drawings. photographs and samples of materials to fully describe the proposed proiect. the Historic Preservation Committee may approve or deny the application for a Certificate of Appropriateness. Section 1-10.2-20. Standard Certificate of Appropriateness. Where the action proposed in an application is a minor alteration to a designated site or contributing resource within a historic district, as specified by the rules of procedure of the Historic Preservation Committee. and satisfies the standards as set forth in Section 1- 10.2-18, the Historic Preservation Officer shall, within ten (10) calendar days of receipt of the complete application. approve or deny the application. The findings of the Historic Preservation Officer shall be mailed to the applicant within three (3) days of the staffs decision, accompanied by a statement that explains the Officer's decision. The applicant shall have an opportunity to challenge the Officer's decision by applying for a Special Certificate of Appropriateness, within thirty (30) days of the Historic Preservation Officer's findings. Further. the applicant may also request that his/her application be classified as a Special Certificate of Appropriateness so that the Historic Preservation Committee will consider it. Section 1-10.2-21. Special Certificate of Appropriateness. (1 ) Where the action proposed in an application involves a maior alteration. relocation or demolition to a designated site or a contributing resource within a historic district, as specified by the rules of the Historic Preservation Committee. or where the Historic Preservation Officer finds that the action proposed in an application is not clearly in accord with the standards as set forth in Section 1-10.2-19, the application shall be classified as a Special Certificate of Appropriateness and the following procedures shall govern: (2) When a complete application is received. the Historic Preservation Officer shall place the application on the next regularly scheduled meeting of the Historic Preservation Committee. The Historic Preservation Committee shall hold a public hearing with notice of the application and the time and place of the hearing as follows: a. The applicant shall be notified by mail at least ten (10) calendar days prior to the meeting, b. Any individual or organization requesting such notification and paying any established fees therefore shall be notified bv mail at least ten (10) calendar days prior to the hearing. 25 '-' '-' ....,; .." c, An advertisement shall be placed in a newspaper at least ten (10) calendar days prior to the hearing. d. The Historic Preservation Committee shall approve, deny or approve with conditions, subject to the acceptance of those conditions by the applicant. The Historic Preservation Committee may suspend action on the application for a period not to exceed thirty (30) days, in order to seek technical advice from outside its members, or to meet further with the applicant to revise or modify the application. e. The decision of the Historic Preservation Committee shall be issued in writing, Evidence of approval shall be by Certificate of Appropriateness issued by the Historic Preservation Committee or its designated staff. When an application is denied, the Historic Preservation Committee's notice shall provide an adequate written explanation of its decision. Section 1-10.2- 22. Demolition. (1) Demolition of a building, site, district. landscape feature, object, structure, earthwork, or such resource that has been designated as historic pursuant to this ordinance or is located within an archaeological zone as defined in Section 1-10.2-3 may occur only pursuant to an order of a government agency or a court of competent iurisdiction or pursuant to an approved application by the owner for a Special Certificate of Appropriateness. (2) Government agencies having the authority to demolish unsafe structures shall receive notice of designation of buildings. sites. districts, landscape features, objects, structures, and archaeological sites or zones. The Historic Preservation Committee shall be deemed an interested party and shall be entitled to receive notice of any public hearings conducted by said government agency regarding demolition of any property designated or documented as historic pursuant to this ordinance. The Historic Preservation Committee may make recommendations and suggestions to the government agency and the owner(s) relative to the feasibility of and the public interest in preserving the designated property. (3) No permit for voluntary demolition of a building, site, district. landscape feature, object. structure, earthwork, an archaeological site, or such resource that has been designated as historic pursuant to this ordinance shall be issued to the owner(s) thereof until an application for a Special Certificate of Appropriateness has been submitted and approved pursuant to the procedures in this section. Refusal by the Historic Preservation Committee to grant a Special Certificate of Appropriateness shall be evidenced by written order detailing the public interest which is sought to be preserved. The Historic Preservation Committee shall be guided by the criteria contained in Section 1- I 0.2-19. The Historic Preservation Committee may grant a Special Certificate of Appropriateness, which may provide for a delayed effective date of up to eighteen (18) months. The 26 \w '-' ...,.¡ ..,.¡ effective date shall be determined by the Historic Preservation Committee based upon the relative significance of the structure and the probable time required to arrange a possible alternative to demolition. During the demolition delay period, the Historic Preservation Committee may take such steps as it deems necessary to preserve the structure concerned, in accordance with the purposes of this chapter. Such steps may include, but shall not be limited to, consultation with civic groups, public agencies and interested citizens, recommendations for acquisition of property by public or private bodies or agencies, and exploration of the possibility of moving one (1 ) or more structures or other features. (4) In addition to all other provisions of this Section, the Historic Preservation Committee shall consider the following criteria in evaluating applications for Special Certificates of Appropriateness for the demolition of a historic building, site, landscape feature, obiect, structure, earthwork. or archaeological site. a. Whether the historic resource is of such interest or quality that it would reasonably meet nationaL state or local criteria for designation. b, Whether the historic resource is of such design. craftsmanship. or material that it could be reproduced only with great difficulty and/or expense. c. Whether the historic resource is one of the last remaining examples of its kind in the County or the region. d. Whether the historic resource contributes significantly to the historic character of a designated historic district. e. Whether retention of the historic resource promotes the general welfare of the County by providing an opportunity for study of local history. architecture and design or by developing an understanding of the importance and value of a particular culture and heritage. f. Whether there are definite plans for reuse of the property where the historic resource is located, if the proposed demolition is carried out, and what will be the effect of those plans on the character of the surrounding area. Section 1-10.2-23. Economic Hardship. (1 ) Where, by reason of particular site conditions and restraints. or because of unusual circumstances applicable solelv to the particular applicant, strict enforcement of the provisions of this chapter would result in serious undue economic hardship to the applicant, the Historic Preservation Committee shall recommend to the Board whether it is appropriate to vary or modify adherence to this ordinance; provided always that its requirements ensure harmony with the general purposes hereof and wiU not adversely affect S1. Lucie County. 27 '-' """,. ....,; ., (2) In any instance where there is a claim of undue economic hardship, the owner may submit by affidavit, to the Historic Preservation Committee at least fifteen (15) days prior to the public hearing, the following information: a. For all property: 1. The amount paid for the property, the date of purchase and the party from whom purchased; 2. The assessed value of the land and improvements thereon according to the two (2) most recent assessments; 3. Real estate taxes for the previous two (2) years; 4, Annual debt service. if any, for the previous two (2) years; 5. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with his purchase. financing or ownership of the property; 6. Any listing of the property for sale or rent, price asked and offers received, if any; 7. Any consideration by the owner as to profitable adaptive uses for the property; 8. An estimate of the cost of the proposed demolition or relocation; 9. A report from a licensed engineer or architect with experience in historic rehabilitation as to the structural soundness of the structure, and its suitability for relocation and/or rehabilitation, however, the County may retain an independent engineer and/or architect to review and approve the report; and 10. An estimate from an architect developer, real estate consultant, appraiser or other professional as to the economic feasibility of the rehabilitation or adaptive use of the existing structure however, the County may retain an independent engineer and/or architect to review and approve the estimate. b. For income-producing propertv: 28 \w '-' ....,; """ 1 . Annual gross income from the property for the previous two (2) years; 2. Itemized operating and maintenance expenses for the previous two (2) years; and 3. Annual cash flow, if any, for the previous two (2) years. (2) The Historic Preservation Committee may require that an appJicant furnish such additional information as the Historic Preservation Committee believes is relevant to its determination of undue economic hardship and may provide in appropriate instances that such additional information be furnished under seal. In the event that any of the required information is not reasonably available to the applicant and cannot be obtained by the applicant. the applicant shall file with his/her affidavit a statement of the information that cannot be obtained and shall describe the reasons why such information cannot be obtained. Section 1-10.2-24. Maintenance of designated properties. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any elements of any building, agricultural property. utility or structure which does not involve a change of design. appearance or material. and which does not require a building permit. ARTICLE VI. CERTIFICATE TO DIG Section 1-10.2-25. Certificate to Dig. (l) A Certificate to Dig is a type of Certificate of Appropriateness. Within an archaeological zone as defined in Section 1-10.2-3, new construction, filling. digging, the removal of trees. or any other activity that may alter or reveal an archaeological site shall be prohibited without a Certificate to Dig. All applications to all appropriate County agencies involving new construction, demolition, large-scale digging. the removal of trees or any other activity that may reveal or disturb an archaeological site in an archaeological zone shall require a Certificate to Dig before approval. Based on a complete application for a Certificate to Dig and any additional guidelines the Historic Preservation Committee may deem necessary. the staff of the Historic Preservation Committee shall. within ten (IO) days from the date the completed application has been filed, approve or deny the application for a Certificate to Dig by the owners of a property in a designated archaeological zone. The applicant shall have an opportunity to challenge the Officer's decision by applying for a Special Certificate of Appropriateness, within thirty (30) days of the Officer's findings. Further, the applicant mav also request that his/her application be classified as a Special Certificate of Appropriateness so that the Historic Preservation Committee will consider it. 29 "". '-' "'" ."", (2) The Certificate to Dig may be made subiect to specified conditions, including but not limited to conditions regarding site excavation, In order to comply with the requirements of the Certificate to Dig, the applicant may be required to conduct an archaeological excavation by a professional archaeologist who meets the Us. Secretary of the Interior's Standards to conduct excavations and monitoring from the time of the approval of the Certificate to Dig until the effective date thereof. The findings of the Officer shall be mailed to the applicant by registered mail promptly, The applicant shall have the opportunity to challenge the staff decision or any conditions attached to the Certificate to Dig by filing a written notice of appeal to the Historic Preservation Committee within thirty (30) days after receipt. (3) Avvroved Certificates to Dif!. Approved Certificates to Dig shall contain. an effective date not to exceed sixty (60) days, at which time the proposed activity may begin. unless the Historic Preservation Committee decides to designate the site in question as an individual site or district. In that case, all the rules and regulations pertaining to the designation process shall apply from the date the designation report has been filed. (4) All work performed pursuant to the issuance of a Certificate of Appropriateness or Certificate to Dig shall conform to the requirements of such Certificate. It shall be the duty of the appropriate government agencies and the staff of the Historic Preservation Committee to inspect from time to time any work pursuant to such Certificate to assure compliance. In the event work is performed not in accordance with such Certificate. the Historic Preservation Officer shall be empowered to issue a stop work order and all work shall cease. No person. firm or corporation shall undertake any work on such proiects as long as such stop work order shall continue in effect. ARTICLE VI. APPEALS Section 1-10.2-26. Appeals. Within thirty (30) days of the written decision of the Historic Preservation Committee. an aggrieved party may appeal the decision by filing a written notice of appeal with the Clerk of the Board of County Commissioners. The notice of appeal shall state the decision which is being appealed. the grounds for the appeal. and a brief summary of the relief which is sought. Within sixty (60) days ofthe filing of the appeal or the first regular Board meeting which is scheduled, whichever is later in time, the Board shall conduct a public hearing at which time they mav affirm, modify or reverse the decision of the Historic Preservation Committee. Nothing contained herein shall preclude the Board from seeking additional information prior to rendering a final decision. The decision of the Board shall be in writing and a COpy of the decision shall be forwarded to the Historic Preservation Committee and the appealing party, 30 '-" ~ '-' ...,; Within the time prescribed by the appropriate Florida Rules of Appellate Procedure. a party aggrieved by a decision of the Board may appeal an adverse decision to the Circuit Court in and for S1. Lucie County, Florida. ARTICLE VIII. PENALTIES Section 1-10.2-27. Penalties. The provisions of this ordinance may be enforced by the S1. Lucie County Code Enforcement Board. This provision shall not preclude enforcement of this article in the Circuit Court or as otherwise authorized by law. ARTICLE IX. INCENTIVES Section 1-10.2-28. Incentives. All properties designated as historic resources pursuant to tillS ordinance shall be eligible. upon application by the owner(s). for any available financial assistance set aside for historic preservation by S1. Lucie County contingent on the availability of funds and the scope of the project as described in the application. Section 1-10.2-29. Tax exemptions for rehabilitations to desil!nated historic properties. (1) Scope of tax exemptions. A method is hereby created for the Board, at its discretion. to allow tax exemptions for the restoration. renovation. or rehabilitation of historic resources, The exemption shall apply to one hundred percent (100%) of the assessed value of all improvements to historic properties which result from restoration. renovation. or rehabilitation made on or after the effective date of this ordinance. The exemption applies only to taxes levied by S1. Lucie County. The exemption does not apply to taxes levied for the payment of bonds or to taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12. Article VII of the Florida Constitution. The exemption does not apply to personal property. (2) Duration of tax exemptions. Any exemption granted under this section to a particular property shall remain in effect for ten (10) years. The Board shall have the discretion to set a lesser term. The term of the exemption shall be specified in the ordinance approving the exemption. The duration of the exemption as established in the ordinance granting the exemption shall continue regardless of any change in the authority of the County to grant such exemptions or any change in ownership of the property. In order to retain an exemption. however, the historic character of the property. and improvements which qualified the property for an exemption. must be maintained in their historic state over the period for which the exemption was granted. 31 '-' '-' -.J ~ (3) Elizible proverties and improvements. Property 1S qualified for an exemption under this section if: a. At the time the exemption is granted the property: 1. Is individually listed in the NationaJ Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended: or 2. Is identified as a contributing property in a National Register of Historic Places listed district 3. Is individually listed in the St. Lucie County Register of Historic Places pursuant to this ordinance; 4. Is identified as a contributing property to a historic district. under the terms of the St. Lucie County Ordinance. b. The Historic Preservation Committee has certified to the Board that the property for which an exemption is requested satisfies Subsection 1-10.2- 28(a). (4) In order for an improvement to a historic property to qualify the property for an exemption, the improvement must: a. Be consistent with the u.s. Secretary of the Interior's Standards for Rehabilitation; and b, Be determined by the St. Lucie Historic Preservation Committee to meet the criteria established in the Rule IA-38. Florida Administrative Code. c. The St. Lucie County Historic Preservation Committee has issued a Special Certificate of Appropriates for the proposed improvements. (5) Avvlications. Any person. firm. or corporation that desires an ad valorem tax exemption for the improvement of a historic property must, in the year the exemption is desired to take effect. file with the Board a written application on a form prescribed by the Department of State. The application must include the following information: a. property; The name of the property owner and the location of the historic b. A description of the improvements to real property for which an exemption is requested and the date of commencement of construction of such improvements: 32 \w' '-" .....,¡ ..." c, Proof, to the satisfaction of the Historic Preservation Committee, that the property that is to be rehabilitated or restored has been designated historic pursuant to this ordinance; d. Proof, to the satisfaction of the Historic Preservation Committee, that the improvements to the property will be consistent with the Us. Secretarvof Interior's Standards for Rehabilitation; e. Other information identified in appropriate Department of State regulations. or requested by the Historic Preservation Committee; and f. A completed application for a Special Certificate of Appropriateness for the qualifying restoration or rehabilitation. (6) Required covenant. To qualify for an exemption. the property owner must enter into a covenant or agreement with the Board for the term for which the exemption is granted. The form of the covenant or agreement must be established by the Department of State and must require that the character of the property. and the qualifying improvements to the property, be maintained during the period that the exemption is granted. The covenant or agreement shall be binding on the current property owner, transferees, and their heirs. successors, or assigns. Violation of the covenant or agreement results in the property owner being subiect to the payment of the differences between the total amount of taxes which would have been due in March in each of the previous years in which the covenant or agreement was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in Section 212.12(3). Florida Statutes, (7) The Historic Preservation Committee, or its successor, is designated to review applications for exemptions. The Historic Preservation Committee must recommend that the Board grant or deny the exemption. Such reviews must be conducted in accordance with rules adopted by the Department of State. The recommendation, and the reasons therefore, must be provided to the applicant and to the Board before consideration of the application at an official meeting of the Board. (8) Avvrova/ bv Board, A maiority vote of the Board shaH be required to approve a written application for exemption. Such exemption shall take effect on the January 1 following substantial completion of the improvement. The Board shall include the foHowing in the resolution approving the written application for exemption: b. The name of the owner and the address of the historic property for which the exemption is granted; c. The period of time for which the exemption will remain in effect and the expiration date of the exemption; and 33 -..... '-' ....,; ..",,¡ d. ordinance. A finding that the historic property meets the requirements of this PARTB. 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. PARTF. EFFECTIVE DATE. This ordinance shall take effect upon January 1,2006. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chail111an Frannie Hutchinson xxx Vice Chairman Doug Coward xxx Commissioner Paula A. Lewis xxx Commissioner Chris Craft xxx Commissioner Joe Smith xxx 34 '" '-" >.."I ...., PART H. CODIFICA nON. 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 this day of ,2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney g:\atty\ordnance\2005\05-03.A.doc 35 "" \r '-' '-" AGENDA REOUEST I1~NO. Š'f! Date: August 2, 2005 Regular [ ] Public Hearing [X] Consent [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Ordinance No. 05-14 - Amending Occupational License fees to provide for a five percent (5%) increase in the fee schedule. BACKGROUND: See C.A. No. 05-1265 FUNDS A V AIL. (State type & No. of transaction or N/ A): N/ A RECOMMENDA nON: Staff recommends that the Board of County Commissioners adopt proposed Ordinance No. 05-14 to increase the occupational license fees by five percent (5%) or rounded down to the nearest nickel, whichever is less, to be effective October 1,2005. Approved 4-1 (Comm. Hutchinson No) As amended by the County Attorney. COMMISSION ACTION: I)( APPROVED [] DENIED [ l OTHER: County Attorney: L..-,., . Pc..._ )<.Originating Oept: ~ 1-7'J Coord in ation/Sie:natu res X Mgt & Budget: .,'".. (-\\~...... . I 1.11- )< Other: IV rr Purchasing: Other: Finance (Check for Copy only, if applicable): t '-' '-' -...I ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney c.A. NO: 05-1265 DATE: July 25, 2005 SUBJECT: Ordinance No. 05-14 - Amending Occupational License Fees to Provide for Increases in Fee Schedule BACKGROUND: Section 205,0535, Florida Statutes, requires a county to conduct a reclassification and revision study prior to the amendment of its occupational license ordinance. In 1995, the Board authorized a study which resulted in an amended fee structure under Ordinance No. 95-05. Once a county conducts the initial study, it may increase its occupational license fees by up to five percent (5%) every other year, The County's occupational license fees were last amended in 2000 pursuant to Ordinance No. 00-06. Seventy percent (70%) of the County's share of the funds received from the occupational licenses are placed in the S1. Lucie County Economic Development Trust Fund to implement a comprehensive economic development strategy as determined by the Board of County Commissioners. The remaining thirty percent (30%) is deposited into the General Fund. Attached to this memorandum is a copy of proposed Ordinance No. 05-14 as advertised which would amend the current fees by five percent (5%). If adopted, the proposed ordinance would take effect on October 1, 2005. Following the July 12, 2005 public hearing, the Tax Collector recommended that the proposed fee increases be rounded down to the nearest nickel to provide for a more efficient collection process. A chart showing the current, proposed and rounded down fees by category is attached. Pursuant to Section 205.032, Florida Statutes, the Board must conduct two public hearings on the proposed ordinance at least fourteen days (14) apart. The first public hearing was held on July 12, 2005. The second public hearing will be conducted on August 2, 2005, Notices of the public hearing, including the current and proposed fees, were published on June 30,2005 and July 13,2005. RECOMMENDA nON/CONCLUSION: Staff recommends that the Board of County Commissioners adopt proposed Ordinance No. 05-14 to increase the occupational license fees by five percent (5%) or rounded down to the nearest nickel, whichever is less, to be effective October 1,2005. 1 · < Attachments HYI Copies to: '-' ....., ,.."" '-' Respectfully submitted, f:tR~ ~/r/o Heather Y oun { Assistant County Attorney County Administrator Tax Collector Finance Director Management and Budget Director Economic Development Manager 2 '-' '-' ...., ..., ORDINANCE NO. 05-014 AN ORDINANCE AMENDING ARTICLE II OCCUPATIONAL LICENSE TAXES AND REGULATION OF CHAPTER 1-12 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; ; AMENDING SECTION 1-12-26 (SAME - FARM. GROVE, HORTICULTURAL, FLORICULTURAL, TROPICALPISCICULTURAL AND TROPICAL FISH FARM PRODUCTS), SECTION 1-12-27 (ADVERTISING SPACE RENTERS), SECTION 1-12-28 (AMUSEMENT DEVICES), SECTION 1-12-39 (HOTELS, APARTMENT HOTELS, MOTELS, ETC.), SECTION 1-12-30 (CAFES, RESTAURANTS AND OTHER EATING ESTABLISHMENTS), SECTION 1-12-31 (CONTRACTING), SECTION 1-12-32 (INSURANCE ADJUSTERS), SECTION 1-12- 33 (MANUFACTURING, PROCESSING, QUARRYING AND MINING), SECTION 1-12-34 (PAWNBROKERS), SECTION 1-12- 36 (GENERAL BUSINESS), SECTION 1-12-37 (RETAIL STORE LICENSE), SECTION 1-12-37 (RETAIL STORE LICENSE), SECTION 1-12-38 (TRADING, ETC., IN TANGIBLE PERSONAL PROPERTY), SECTION 1-12 - 39 (VENDING MACHINES), SECTION 1-12-41 (TRAVELING JUNK DEALERS), TO INCREASE THE ANNUAL LICENSE FEE BY FIVE PERCENT (5'0) PURSUANT TO SECTION 205.0535, FLORIDA STATUTES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, EFFECTIVE DATE AND CODIFICATION, WHEREAS, the Board of County Commissioners (" Board") of St. Lucie County, Florida, has made the following determinations: 1. Section 205.032, Florida Statutes, provides for a county to adopt to levy an occupational license tax for the privilege of engaging in or managing any business, profession, or occupation with its jurisdiction. 2, Section 205.0536, Florida Statutes, authorizes the Board of County Commissioners to reclassify businesses, professions, and occupations and establish new rate structures following the review of the existing classification and rate structure by an Equity Study Commission. 3. On April24, 1994, the Board adopted Resolution No. 94-99 which established an Equity Study Commission to review the County's then existing occupational license taxes and recommend to the Board any revisions to the classifications and rate structure deemed appropriate. 4. On September 14, 1995, the Board adopted Ordinance No. 95-05 which incorporated the recommendations of the Equity Study Commission. Strl:le:h tnrBl:Jgk passages are deleted. Underlined passages are added. -1- \..f '-' """" ., 5. Subsection 205.0535(4), Florida Statutes, authorizes a county which has adopted a reclassification and revision ordinance pursuant to Subsections 205.0535(2) and (3), Florida Statutes, to increase the rates of local occupational license taxes by up to five percent (5/0) every other year. 6. On October 1, 2000, the Board adopted Ordinance No. 00-06 which clarified certain provisions of the occupational license tax ordinance, provided for the deposit of seventy percent (70%) of the County's proceeds from the taxes to be deposited into the St. Lucie County Economic Development Trust Fund, and increased taxes a provided under Subsection 205.0535(4), Florida Statutes. 7, In accordance with Subsection 205.0535(4), Florida Statutes, this Board has determined that it is appropriate to further increase the occupational license taxes by an additional five percent (5'10). P ART A. ARTICLE II. OCCUPATIONAL LICENSE TAXES AND REGULATIONS OF CHAPTER 1-12 OF THE CODE OF ORDINANCES IS AMENDED TO READ AS FOLLOWS: Section 1-12-26. Same-Farm, grove, horticultural, floricultural. tropical piscicultural and tropical fish farm products. (a) All farm, grove, horticultural, floricultural, tropical piscicultural and tropical fish farm products and products manufactured therefrom, except intoxicating liquors, wine or beer, shall be exempt from license tax, when the same is being offered for sale or sold by the farmer or grower producing such products. The management of wholesale farmers' produce markets shall have the right to pay a license tax of tWCl'lt} fi,e dollars ($25.00) twenty-six dollars and twenty-five cents ($26.25) that will entitle its stall tenants to deal in agricultural and horticultural products without obtaining individual licenses, but individual licenses shall be required of such tenants unless such license is obtained for the market. (b) Every person, other than nonprofit cooperative associations, engaged in the business of packing, processing or canning agricultural products not grown by him, shall for each place of business pay a license tax of eight dollars al'lð the/,tr five CCl'lts ($8,25) eight dollars and sixtv-six cents ($8.661. plus one dðllðr ðl'ld eightr five CCI,ts ($1.85) one dollar and ninety-four cents ($1.94) for each five (5) persons employed thereat; provided such licenses shall not exceed thCl1ty hte dellGrs twentv six dollars and 25 cents. Section 1-12-27. Advertising space renters. Every person renting for profit advertising space in or on any boat, car, bus, truck or other vehicle shall pay a license tax of eM dollar and eightr fi',e cents ($1.85) one dollar and ninety-four cents ($1.94) for each such boat, car, bus, truck or other vehicle operated by him. Strl:lc;i( throl:lgh passages are deleted. Underlined passages are added. -2- '-' '-' ...,.¡ 'wi Section 1-12-28. Amusement devices. (a) Every person who operates for a profit any game, amusement or recreatianal device, contrivance, or facility not otherwise licensed by some other law of the state shall pay a license tax of cigkt ðollars and th'cntT fi.'e cents ($8.25) eiQht dollars and sixty-six cents ($8.66) on each such game, amusement or recreational device, contrivance or facility. (b) Any person who operates any of the above devices for profit under the sponsorship of a merchant, hopping center or merchant's association, charitable, religious or educational institution shall be licensed under this section. This license shall be good for one location only; however, the licensee may return to the same location during the same license year without obtaining an additional license other than for any additional devices. Section 1-12-29. Hotels, apartment hotels, motels, etc. (a) Every person engaged in the business of renting accommodations, except nontransiently rented apartment houses shall pay for each place of business an amount of s£:.v£:.nt( fi,£:. C£:.I,ts ($0.75) seventy-ei9ht cents ($0.78) for each room. However, no such establishment shall pay less than eight dollar.:; ':lI1d thentf· fi,£:. cent.:; ($8.25) eight dollars and sixty-six cents ($8.66) for such license. The room count to be used in this section shall be the same as used by the division of hotels and restaurants of the department of business regulation. (b) No license shall be issued to any business coming under the provisions of this section until a license has been procured for such business from the division of hotels and restaurants of the department of business regulation. Section 1-12-30. Cafes, restaurants and other eating establishments. (a) Every person engaged in the business of operating a restaurant, café, snack bar, take out service, dining room, drive-in eating establishment or other public eating place, whether operated in conjunction with some other line of business or not, except dining rooms in licensed public lodging establishments shall pay a license tax based on the number of people for whom he has seats or accommodations for the service or consumption of food t anyone time, in accordance with the following schedule: (1) Zero ta thirty (30) seats, £:.ightf.f.n dollars ane ':;£:..f.1 it r fi ,f. w,t.:; ($18.75) nineteen dollars and sixty-eight cents ($19.68). (2) Over thirty-one (31) seats, twentr fi·,£:. dollar.:; ($25.00) twenty-six dollars and twenty-five cents ($26.25), (b) The seating capacity and classifications used by the division of hotels and restaurants of the department of business regulation shall be used in this section. Strtlc!( thrBugh passages are deleted. Underlined passages are added. -3- '-' '-' --' 'wi Section 1-12-31. Contracting . (a) Each person who contracts or sub-contracts to construct, alter, repair, dismantle or demolish buildings, roads, bridges, viaducts, sewers, water and gas mains or engages in the business of construction, alteration, repairing, dismantling or demolition of buildings, roads, bridges, viaducts, sewers, water and gas mains must obtain a license as a contractor. The license tax shall be determined by the maximum number of persons actually employed or to be employed during the license year in the county in which the work is performed and shall be at the following rate: (1) From one to ten (10), f:!eH:n dollars éllld thent I fi, e cents ($11.25) eleven dollars and eighty-one cents ($11.81). (2) For eleven (11) to twenty (20), twcntl tÞ.o dollars al1d fiftl cel,tS ($22.50) twenty-three dollars and sixty-two cents ($23.62). (3) Over twenty-one (21), tÞ.entl fi,c dollars ($25.00) twenty-six dollars and twenty-five cents ($26.25). (b) In determining the number of persons employed, all principals shall be deemed employees and be included in the calculation. Section 1-12-32. Insurance adjusters. A II persons acting as insurance adjusters shall pay a license fee of ci9ht dollars and tWCI ,t I h.e cents ($8.25) eight dollars and sixty-six cents ($8.66). The provisions of this section shall not apply to insurance agents. Section 1-12-33. Manufacturing, processing, quarrying and mining. (a) Every person engaged in the business of manufacturing, processing, quarrying or mining must obtain a license under this section. The amount of the license tax shall be determined by the maximum number of persons actually employed, or to be employed, during the license year in the county in which the work is performed and shall be at the following rates: (1) One to ten (10) employees, ci9hteen dollars and SC.CI,t, fi~e cents ($18.75) nineteen dollars and sixty-eight cents ($19.68). (2) Over eleven (11) employees, tÞ.CI ,ty fi..c dollars ($25.00) twenty-six dollars and twenty-five cents ($26.25). (b) No license shall be required under this section where the manufacturing, processing, quarrying or mining is incidental to and part of some other business classification for which a license is required by this chapter and is carried on at the place of business licensed under such classification. ~tl ~d( thre~gl, passages are deleted. Underlined passages are added. -4- '-' '-' 'wi ....,¡ Section 1-12-34. Pawnbrokers. (a) Pawnbrokers shall keep a complete and true record of all transactions, showing from who each article of their stock was purchased or pledged, the date of the transaction and the date and to whom each article was sold, which record shall at all times be subject to the inspection of all police or peace officers. (b) Any person violating the provisions of this section shall be guilty of a misdemeanor. Section 1-12-36. General Business. There is hereby created a new general business classification. Except as provided herein, every person engaged in a business in St. Lucie County shall pay a license tax of thent, five dollars ($25.00) twenty six dollars and twenty-five cents ($26.25). Provided, however, that a business employing five (5) or less employees shall pay a tax of fourteen dollars and forty-three (14.43). This will include every person engaged in the practice of any profession who offers his service either directly or indirectly to the public fÚ a consideration whether or not such endeavor is required by law. Every person engaged in a profession, business or occupation regulated by law where licensing and qualification standards are required shall display and exhibit to the tax collector the license for the current year prior to the tax collector issuing an occupational license pursuant to this chapter, An occupational license shall not be required where a person, although licensed by law under a regulatory statute, is prohibited from engaging in a profession, business or occupation unless under the direct supervision of another person, individual or corporation. Every individual or group of individuals who operates a branch office, or any professional corporation which operates an office in which a profession is practiced, shall license each office in which the profession is practiced. Section 1-12-37. Retail store license. (a) For the privilege of conducting, engaging in and carrying on the business of a retailer as defined in this section, there is hereby levied and assessed upon every person or association of persons as herein defined, for each store located and operated within this state by such person or association of persons, an annual license tax in the sum of twenty fi,e and 0/100 ($25.00) dollars twenty-six dollars and twenty-five cents ($26.25). (b) The following words, terms and phrases when used in this section have the meaning ascribed to them, except where the context clearly indicates a different meaning. Retal1er includes every person engaged in the business of making sales at retail. Such term shall not include bulk plants or filling stations engaging principally in the sale of gasoline and other petroleum products; ice plants or ice dealers engaging principally in the sale of ice; bakeries and other manufacturing or processing plants selling on the products manufactured or processed therein; or restaurants, cafes, cafeterias, hotels and liquor stores; provided, however, that where food or intoxicating liquors are sold in connection with a principal business, but only incidental thereto, such Stnld( throl:lgl, passages are deleted. Underlined passages are added. -5- '-' '-' ...,.¡ ....,¡ principal business shall not be exempt from the license tax imposed therein; provided, further, that, incidental sales not otherwise excepted in this subsection made by a licensed wholesaler to consumers at wholesale rices, shall not be construed to be retail sales unless such sales exceed five (5) percent of such wholesaler's total sale. Retail sale or sale at retail means any sale to a consumer or to any person for any purpose other than for resale in the form of tangible personal property; provided, that, no sale shall be construed to be a retail sale where goods, wares and merchandise are sold in wholesale quantities at wholesale prices by licensed wholesale dealers under standing orders or through outside salesmen as distinguished from sales of small packages at retail prices or is sold in wholesale quantities and at wholesale prices or is sold in wholesale quantities and at wholesale prices to any governmental institution, subdivision or agency. Section 1-12-38. Trading, etc., in tangible personal property, (a) Every person engaged in the business of trading, bartering, serving, or selling tangible personal property, as owner, agent, broker or otherwise, shall pay a license tax of ei91.tccI'I dollars Gnd se·.cl'lt, fi',e Cel'lt3 ($18.75) nineteen dollars and sixty-eight cents which shall entitle him to maintain one (1) place of business, stationary or movable, and shall pay fifteen dollars and seventy-five cents ($15.75) for each additional place of business; provided that the license for each bulk plant or depot of wholesale dealers in petroleum products shall be tV/eMt, fi.c dollars ($25.00) twenty-six dollars and twenty-five cents ($26.25), Vehicles used by any person for the sale and delivery of tangible personal property at wholesale from his established place of business on which a license is paid shall not be construed to be separate places of business, and no license may be levied on such vehicles or the operators thereof as salesmen or otherwise. (b) No license shall be required under this section where the trading, buying, bartering, serving or selling of tangible personal property is a necessary incident of some other business classification for which an occupational license is required by this article and is carried on at the place of business licensed under such other classification, nor shall this section apply to any person engaged in the sale of motor vehicles or principally in the sale at retai I of gasoline and other petroleum products. Section 1-12-39. Vending machines, (a) As used in this section, the following words shall have the meanings set forth in this paragraph (a) Laundry equipmentmeans any equipment necessary for the operation of a coin-operated laundry, including, washers, dryers, pressing or ironing machines and soap, bleach and laundry bag dispensing machines. Stf'tld( tkreugk passages are deleted. Underlined passages are added. -6- '-' '-" ...,.¡ ..." Merchandise vending machines means any machine, contrivance or device which is set in motion or made or permitted to function by the insertion of a coin, slug, token or paper currency and dispenses merchandise without the necessity of replenishing the device between each operation. Merchandise vending machine operator means any person who operates for a profit thirty-five (35) or more merchandise vending machines. Service vending machine means any machine, contrivance or device which is Set in motion or made or permitted to function by the insertion of a coin, slub, token or paper currency and which dispenses some service or amusement. Service vending machine operator means any person who operates for a profit thirty-five (35) or more service vending machines. (1) Merchandise vending machines, cight dollars and thCllt} five cents ($8.25) eight dollars and sixty-six cents ($8.66) for each machine; provided that when any merchandise vending machine is located in and operated only in a place of business for which a license has been duly issued for trading, buying, bartering, serving or selling tangible personal property under this article or other laws of this state, the license tax thereon shall be three dollars ($3.00) three dollars and fifteen cents ($3.15) for each machine. (2) Merchandise vending machines operators, thcnt, fi vC dollars ($25.00) twenty- six dollars and twenty-five cents ($26.25) for the privilege of engaging in such business and shall further pay an annual license tax of se'.ent, fi,c cents ($0.75) eighty-seven cents ($0.87) for each machine. (3) Service vending machines, cight dollars and SCvCl1t) fi,c cents($8.75) nine dollars and nineteen cents ($9.19) for each machine. (4) Service vending machine operators, twentf fivc dollars ($25.00) twenty-six dollars and twenty-five cents ($26,25) for the privilege of engaging in such business, and shall further pay an annual license tax of onc dollar a"d cig/ ,t f cents ($1.80) one dollar and eighty-nine cents ($1.89) for each machine. (5) Laundry equipment, sCvc/ot, fi'/c ccnts ($0.75) seventy-eight cents ($.78) for each piece of equipment. (6) Coin-operated radio, television and similar devices installed in businesses providing housing accommodations for the traveling public, thirtecn dollars ($13.00) thirteen dollars and sixty-five cents ($13.65) for coin-operated radios, television sets, vibrating mattresses or similar devices installed in guestrooms in hotels, tourist homes, tourist courts, rooming houses and other businesses providing housing accommodations for the traveling public, and further pay an annual license tax of thirt, WltS ($0.30) thirty-two cents ($.32) for each machine. Strud< through passages are deleted. Underlined passages are added. -7- '-' '-' ....." ....; (7) for each machine. Penny vending machines, seient} five cents ($0.75) seventy-eight cents ($0.78) (c) section: The following vending machines and lockers are exempt from the tax provided by this (1) All vending machines which dispense only' United States postage stamps, unadulterated Florida produced citrus juices or newspapers are hereby exempt from the payment of any excise or license tax levied by the state or any county, municipality or other taxing districts thereof. (2) Penny operated vending machines located in licensed places of business and dispensing only nuts, citrus juices and other food products. (3) Coin-operated parcel checking lockers and toilet locks used in railroad; bus, airport stations, or depots, and in hotels, boarding houses, restaurants and rest rooms for the convenience of the public. Section 1-12-41. Traveling junk dealers. Each person who travels from place to place purchasing junk shall pay a license tax of eighteen dollðfsðnd sevel ,tf fi ,'f: cel,ts ($18.75) nineteen dollars and sixty-eight cents ($19.68) and shall, before leaving any municipality, submit to the appropriate law enforcement agency a list of the junk he has purchased, together with the names and permanent addresses of the persons from whom purchased. PART B. CONFLICTING PROVISIONS In the event that any provision of this Ordinance is found to be contrary to any other St. Lucie County Ordinance which regulates the same subject matter, then in said event, the more restrictive Ordinance shall apply. PART C. SEVERABILITY The provisions of this Office are severable, and it is the intention to confer the whole or any part of the powers herein provided for. If any of the provisions of this Ordinance shall be held unconstitutional by any Court of competent jurisdiction, the decision of such Court shall not affect or impair any remaining provisions of this Ordinance. It is hereby declared to be the legislative intent that this Ordinance would be adopted had such unconstitutional provision not been included therein. PART D. EFFECTIVE DATE This Ordinance shall take effect on October 1, 2005. Strud\ threw,:!" passages are deleted. Underlined passages are added. -8- """ '-' ""'" ..,,¡ PART E. ADOPTION After motion and second, the vote on this Ordinance was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Joseph E. Smith Commissioner Paula A. Lewis Commissioner Chris Craft xxx xxx xxx xxx xxx PART F. CODIFICATION Provisions of this Ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word" ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this Ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PASSED AND DULY ADOPTED this day of ,2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Ctr~d( tl.rð~gk passages are deleted. Underlined passages are added. -9- '--' ~ .., ..,.¡ CURRENT AND PROPOSED OCCUPATIONAL LICENSE FEES CateQorv: Current 5% Rounded Farm, grove, horticultural, floricultural, tropical piscicultural, tropical fish farm products $25,00 $26.25 $26,25 Packing, processing or canning agricultural products not grown by licensee $8,25 $8,66 $8,65 Plus per each 5 employees $1.85 $1,94 $1.90 Employee based tax not to exceed $25.00 $26.25 $26.25 Advertising space renters - per vehicle $1.85 $1,94 $1. 90 Amusement devices - per device $8,25 $8,66 $8.65 Hotels, apartment hotels, motels, etc - per room $0,75 $0.78 $0,75 Not to exceed $8.25 $8.66 $8.65 Cafes, restaurants, other eating establishments Zero to 30 seats $18.75 $19.68 $19.65 Over 30 seats $25.00 $26.25 $26.25 Contracting One to 10 employees $11.25 $11.18 $11.15 Eleven to 20 employees $22,50 $23.62 $23.60 Over 21 employees $25,00 $26.25 $26.25 Insurance adjusters $8.25 $8,66 $8.65 Manufacturing, processing, quarrying, mining One to 10 employees $18.75 $19,68 $19,65 Over 11 employees $25.00 $26.25 $26.25 General business Five or less employees $14.43 $15.15 $15,15 Six or more employees $25,00 $26.25 $26.25 Retail store $25,00 $26.25 $26,25 Trading, etc in tangible personal property Bulk plant or depot of wholesale petroleum products $25,00 $26,25 $26.25 Other personal property $18.75 $19.68 $19.65 '-" s '-' ....,; .. Cateqorv: Current 50/0 Rounded Vending machines Merchandise vending machines, per machine $8,25 $8,66 $8.65 Located in county or state licensed business, per machine $3.00 $3.15 $3.15 Merchandise vending machines $25,00 $25.26 $25.25 Per machine $0.75 $0.87 $0,85 Service vending machine, per machine $8.75 $19,19 $19.15 Service vending machine operator $25,00 $26.25 $26,25 Per machine $1.80 $1.89 $1.85 Laundry equipment, per machine $0,75 $,078 $0.75 Coin-operated radio, television, etc in motels, etc $13,00 $13.65 $13.65 Per machine $0.30 $.032 $0.30 Penny vending machine, per machine $0.75 $,078 $0,75 Traveling junk dealers $18.75 $19,98 $19.65 \.,.. /" '-' ,..., ....,; AGENDA REQUEST ITEM NO. 5D DATE: August 2, 2005 REGULAR [ ] PUBLIC HEARING [ x ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: BACKGROUND: FUNDS AVAILABLE: RECOMMENDATION CONCLUSION: COMMISSION ACTION: ORDINANCE 05-027 - SOLID WASTE ASSESSMENT See attached memorandum Staff recommends that the Board Commissioners approve Ordinance No. ë\.Uthorize the signing of the Ordinance. of County 05-027 and E: IX] APPROVED [ ] DENIED [1 OTHER: Approved 5-0 [X] County Attorney: [X ] Road & Bridge.: :i' [ ]Finance:(check for copy only, if applicable) Doug s M, Anderson County Administrator Review and Approvals [ )Management & Budget: [ ]Purchasing: [ x ) Parks & Recreation Director [ ] Solid Waste Mgr Effective 5/96 '-" '-' ...." #. ...,.¡ INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney 5 ~fI'\ 05-1256 C,A. NO: DATE: July 22, 2005 SUBJECT: Ordinance 05-027 - Solid Waste Assessment BACKGROUND: Section 1-9-71 of the St. Lucie County Code and Compiled Laws provides for the collection of solid waste generated from residential property located within the urban unincorporated area by a regulated contractor and that the occupants of that property be responsible for the use of such service and the fees for such service. Section 1-9-71 was amended previously to provide that the fees for this service may be collected pursuant to any method authorized by law including the imposition of fees at the time of issuance of any permit or certificate of occupancy, collection by the contractor or as a non-ad valorem assessment pursuant to the provisions of section 197.3632, Florida Statutes. Ordinance 05-027 has been drafted to amend the ordinance setting out the procedure needed to authorize the inclusion of delinquent fees that have not been collected to date and need to be billed on this year's tax roll. Permission to advertise was granted by the Board of County Commissioners on July 12, 2005. RECOMMEN DATION /CONCLUSION: Staff recommends that the Board of County Commissioners approve Ordinance No. 05- 027 and authorize the signing of the Ordinance. /cb Ene. '-' ...,.¡ '-' ....,; . - ORDINANCE NO, 05-027 AN ORDINANCE RELATING TO THE COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS IN THE UNINCORPORATED AREA OF ST, LUCIE COUNTY; AMENDING CHAPTER 1-9, GARBAGE, TRASH AND REFUSE, OF THE ST, LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS OF ST, LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-9-71 (RESIDENTIAL PROPERTY) TO PROVIDE FOR ALTERNATIVE METHODS OF COLLECTING THE FEES INCLUDING A NON-AD VALOREM ASSESSMENT; REQUIRING THAT ANY ACTION BE BROUGHT WITHIN THIRTY DAYS OF THE ADOPTION OF THE FINAL ASSESSMENT RESOLUTION; PROVIDING FOR PENALTIES AND REMEDIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, THE BOARD OF COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA HAS MADE THE FOLLOWING DETERMINATIONS: (a) Pursuant to Article VIII, Section 1 of the Florida Constitution, and F,S, §§ 125.01 and 125.66, the board has all powers of local self government to perform county functions ilnd to render or contract for services in a manner not inconsistent with general law and such power may be exercised by the enactment of county ordinances, (b) Pursuant to F, S, § 125.01, the county has the general responsibility and authority to provide for the collection of solid waste and recyclable materials within the unincorporated area of the county. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST, LUCIE COUNTY, FLORIDA: PART A. CHAPTER 1-9, GARBAGE, TRASH AND REFUSE, OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST, LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED BY AMENDING SECTION 1-9-71 AS FOLLOWS: ~tr,,<I( tl.rð~g" passages are deleted. Underlined passages are added. 1 '-" '-' "-' .....,J DIVISION 2, MANDATORY COLLECTION OF SOLID WASTE Section 1-9-71 RESIDENTIAL PROPERTY, (a) During the term of any service agreement authorized by section 1-9-91(a), all solid waste (other than sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility) generated from residential property located within the urban unincorporated area shall be collected by a regulated contractor. The owners of all such residential property will be responsible for the use of such service by all occupants of the property and shall be responsible for the payment of service fees in accordance with the applicable service agreement including fees related to the availability of collection services for recyclable materials. Fees for such services, including the cost of collection, disposal and administration. including the payment of any delinquent amounts owed. may be collected pursuant to any method authorized by law including the imposition of fees at the time of issuance of any permit or certificate of occupancy, collection by the contractor or as a non-ad valorem assessment pursuant to the provisions of F.S. § 197,3632. In the event that the county elects to collect the charges pursuant to the provisions of F.S. § 197.3632, the adoption of the final assessment resolution shall be the final adjudication of the issues presented (including, but not limited to, the determination of special benefit and fair apportionment to the property; the method of apportionment and assessment; the initial rate of assessment; the maximum assessment rate, if any; the initial assessment roll; and the levy and lien of the solid waste assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within thirty (30) days from the date of the board action on the final assessment resolution. .Q:ù In the event that the County determines to collect the service fees as a non-ad valorem assessment pursuant to the provisions of F,S. § 197.3632 and a property is omitted. then. in addition to any service fees for current service. an amount equivalent to the payment delinquency delinquency fees and recording costs for a prior year's fees for service may be included provided. (1) the collection method used in connection with the prior year's assessment did not use a collection methodology authorized by F.S, § 197.3632. (2) notice is provided to the Owner and (3) any lien on the affected parcel for the prior year's assessment is supplanted and transferred to such Solid Waste Disposal Assessment upon certification of a non-ad valorem roll to the Tax Collector by the County. Str~el( tkFð~gh passages are deleted. Underlined passages are added. 2 '--' '-' ...,.¡ ...", , PART B. SEVERABILITY , Provisions of this Ordinance are severable; and if any section, subsection, sentence or clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this ordinance shall not be affected thereby. PART C, ALTERNATIVE METHOD, This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This ordinance, being necessary for the welfare and the inhabitants of the County shall be liberally construed to effect the purposes hereof. PART D, EFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within ten days after enactment by the Board, and this ordinance shall take effect upon receipt of official acknowledgment of filing as provided in Section 125.66(2), Florida Statutes. PART E, FlUNG WITH DEPARTMENT OF STATE, The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART F, ADOPTION After motion and second, the vote on this ordinance was as follows: Cl1airman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Frannie Hutchinson Commissioner Joseph E. Smith Commissioner Chris Craft xxx xxx xxx xxx xxx Str~à th, ð~!!1. passages are deleted. Underlined passages are added. 3 '-" '-' ....,; '-..1 , PART G, CODIFICATION Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section", "article" or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however. that parts B to G 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 StFUo!( tl,FCUg" passages are deleted. Underlined passages are added. 4 ---- '-' '-'" -..I - ...., '-" '-' ....,; ..", ..... AGENDA REQUEST ITEM NO. 5E DATE: August 2, 2005 REGULAR [ ] PUBLIC HEARING [ x ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather S. Lueke Assistant County Attorney SUBJECT: ORDINANCE 05-031- Amending Chapter 1-7, "Courts" BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION; Permission to advertise was granted by the BOCC on July 12, 2005. RECOMMENDATION CONCLUSION: Staff recommends that the Board Commissioners approve Ordinance No. authorize the signing of the Ordinance. of County 05-031 and [)C; APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 COMMISSION ACTION: [X] County Attorney: [ ] Road & Bridge.: Ji Review and Approvals ]Management & Budget: [ ]Purchasing: [ ) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 - ~ '-" '-'" ....,; -...I INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 05-1197 DATE: August 2, 2005 SUBJECT: Ordinance 05-031 - Amending Chapter 1-7 "Courts" BACKGROUND: The Florida Legislature previously created Section 318.18(13), Florida Statutes, which authorizes a county to adopt an ordinance imposing a surcharge not to exceed $15.00 for non-criminal traffic infractions pursuant to Chapter 318, Florida Statutes, or imposed for criminal violations listed in Section 318.17, Florida Statutes, to assist in providing and maintaining state court facilities. The Florida Legislature passed HB 1935, modifying section 318.18(13)(a), allowing counties to use up to twenty-five percent (25%) of the revenue from such surcharge to support local law libraries. The bill also requires that counties which choose to use the twenty-five percent (25%) for local law libraries must "provide a level a service equal to that provided prior to July 1, 2004, which shall include the continuation of library facilities located in or near the county courthouse or annexes." Attached is a law library revenue analysis prepared by Christann Hartley, Finance Director. In this regard, attached is draft Ordinance 05-031 which¡ if adopted, would impose that twenty-five percent (25%) be used to support local law libraries. The BOCC granted permission to advertise on July 12, 2005. RECOMMENDA nON /CONCLUSION: Staff recommends the Board of County Commissioners approve ordinance No. 05-031 and authorize the signing of the ordinance. HLjcb G: \ATTY\I.UEKE\Agen daMmo-HL -05-031-2. wpd Respectfully submitted ~~~/.. ~ ---, Assistant County Attorney -1- · \w '-' Law Library Revenue.Analysis HB 1935 . $15 Court Facility Collected 10/1-4/30/05 $ 388,712.45 annualized thru 9/30/05 $ 666,364.20 Proposed HB - 25% Law Library Allocation $ 166,591.05 (1) Library Revenue 10/1-3/31/05 $ 27,958.51 annualized thru 9/30/05 $ 55,917.02 (1) Law Library Revenue 9/30103 $ 280,205.29 Law Library Revenue 9/30/04 $219,701.93 Revenue Projection with 25% and $65 $ 222,508.07 (1)'s FY 2005 budget $ 396,012.00 ~ ...,.¡ ...,,¡ - - '-' '-" ....,; ...., ORDINANCE NO, 05-031 AN ORDINANCE AMENDING CHAPTER 1-7, "COURTS", OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY PROVIDING THAT 25% OF COURT FACIUTIES FUND SHALL BE USED TO SUPPORT LOCAL LAW UBRARIES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABIUTY AND APPUCABIUTY; PROVIDING FOR FIUNG WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION, WHEREAS, the Florida Legislature created Section 318.18(13), Florida Statutes, which authorizes a county to impose a surcharge not to exceed fifteen and 00/100 dollars ($15.00) for non-criminal traffic infractions pursuant to Chapter 318, Florida Statutes, or imposed for criminal violations listed in Section 318.17, Florida Statutes, to assist in providing and maintaining state court facilities. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida ("Board") is authorized by Section 318.18(13(a), Florida Statutes, to use up to twenty-five percent (25'10) of the revenue from such surcharge to support local law libraries. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: ARTICLE I. "In General," of Chapter 1-7, "Courts," of the Code of Ordinances of St. Lucie County, Florida, is amended as follows: Sec. 1-7-9 Disposition of state court facilities funds from the surcharge; Accounting by Clerk of the Court Court Facilities Fund - Surcharge: A-H Seventy-five percent (75%) of all monies collected for court facilities from the surcharge imposed by Section 1-7-8 shall be set aside by the clerk in a special and separate account titled "Court Facilities Fund" to be used exclusively for the construction, operation and maintenance of state court facilities as determined by the Board. Twenty-five percent (25%) of the monies collected from the surcharge shall be set aside by the clerk in a special and separate account titled "Law Library Fund" to be used to support the Rupert J. Smith Law Library. Struà thret:l!jh passages are deleted. Underlined passages are added, '-' '-' ....,; 'wi The clerk in he!" his capacity as accountant to the Board shall provide to the Board an annual financial report on the 'Court Facilities Fund" outlining the amount of court costs collected, expenditures and earnings from the investment of said funds. PART A. CONFLICTING PROVISIONS, Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART B, SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART C. FILING WITH THE DEPARTMENT OF STATE, The clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART D. EFFECTIVE DATE, This ordinance shall take effect on the l't day of September, 2005, PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Frannie Hutchinson XXX Vice Chairman Doug Coward XXX Chairman Paula Lewis XXX Commissioner Joseph E. Smith XXX 5trl:J~l( thF6I:Jgh passages are deleted. 2 Underlined passages are added. '-' '-' ....,; 'wi Commissioner Chris Craft xxx PART F, CODIFICA TION. Provisions of this ordinance shall be incorporated into the'St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts "A" through "F" shall not be codified. PASSED AND DULY ENACTED this day of ,2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Strl:Jc:k threugh passages are deleted. Underlined passages are added. 3 '-" '-" BEFORE THE BOARD OF COUNìY COMMISSIONERS ST. LUCIE COUNìY, FLORIDA NOTICE OF INTENT NOTICE IS HEREBY GIV· EN that the Board of County Commissioners of 51. Lucie Counly. Florida. will consider adopting County Ordi- n.anc~ No. 05-031 to .amend Chapter 1·7, "Courts", of the Code of Ordinances of SL Lucie County. providing that 25% of Court Facilities Fund shalf be used to support local law librar- ies on Tuesday, the 2nd day of August, 2005 at 6:00 p.m., or as soon thereafter as the matter may be heard in the SI Lucie County Commis- sion Chambers at the St Lucie County Adminis- trstion Building Annex. Third Floor, 2300 Virgin- ia Avenue, Fort Pierce, Florida. Matlers affec- ting your personal and property rights may be. heard and acted upon All Înterested persons are invited to anend and be heard. Wriuen com- ments received in ad- vance of the public hear- ing will also be heard. Copies of the proposed ordinance may be ob- tained from the County Anorney' 5 Office, ~1. Lu- cie County Administra- tion Building Ann&)(, 2300 Virginia Avenue, Fort Pierce, Florida. 34982. Amendments to the Ordinance may be made at the public hear· ing. 11 any person decides to appeal any decision made with respect to .:my matter considered at the meetings or hear- ings of any board, com- mittee., commission, agency. councilor advi- sory group. that person will need a record of the proceedings and that, for such purpose, may need to ensure tha1 a verbatim record of the proceedings is made, which record should in- clude the testimony and evidence upon which tht: appeal is to be based. Upon Ihe re- quest of any party 10 the proceedings. individuals testifying during a hear· ing will be sworn in Any party to the pro- ceeding will be granted an opportunity to cross· examine any individual testifying during a hear- ing upon request. The title of the proposed ordinance is: ....., ORDINANCE NO. 05-031 AN ORDINANCE AMENDING CHAPTER ,- 7, "COURTS", OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY PROVIDING THAT 25% OF COURT FACILITIES FUND SHALL BE USED TO SUPPORT LOCAL LAW LIBRARIES; PRO· VIDING fOR CONfLICT· ING PROVISIONS, SEVE- RABILlìY AND APPLlCA· BILlìY; PROVIDING FOR fiLING WITH THE DE- PARTMENT OF STATE; PROVIDING FOR AN EF- fECTIVE DATE; PROVID· ING FOR ADOPTION AND CODIFICATION. THIS NOTICE EXECUTED and dated this 13th day of Ju Iy, 2005. Submitted by: Daniel S. Mcintyre County Anorney Publish: July 22, 2005 1141223 - "'" .... .",.' '-' '-' AGENDA REQUEST ....,; ITEM NO, 5F ...1 DATE: August 2, 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, 05-026 - Teen Court Fees BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board of County Commissioners adopt Ordinance 05-026 as drafted. COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Dou las M, Anderson County Administrator Review and Approvals [X] County Attorney: ?Í'~o.J ^ ( ]Management & Budget: [ ] Comm. Development.: [ J Public Works Director [ ]Finance:(check for copy only, if applicable) [ ]Purchasing: [ ] Solid Waste Mgr Effective 5/96 I " '-' '-' '-' INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA ""'" , -- ;i ,:",.¡;... ^, '" _.;;:'., ~.._', '." .. : ,,:..-.::,., . .. .. ~-- ._~ TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 04- 1200 DATE: July 18, 2005 SUBJECT: Ordinance No. 05-026 Teen Court Fees BACKGROUND: The Florida Legislature passed HB 1935, modifying Section 938.19, Florida Statutes, and allowing counties to assess a three dollar ($3,00) fee against every person who pleads guilty or nolo contendere to, or is found guilty of, any felony, misdemeanor, or criminal traffic offense under the laws of the State of Florida, This fee will be used for the operation and administration of the teen court program. Additionally, if the Board adopts the new fee, the teen court program would no longer be eligible to receive any portion of the sixty-five dollar ($65,00) court costs already in effect, Permission to advertise was granted on July 12, 2005 and notice of the public hearing was published in The Tribune on July 21, 2005. RECOMMEN DA nON/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 05-026 as drafted. Respectfully submitted, Attachment HL/dp Copies to: County Administrator Court Administrator, Tom Willis Teen Court Administrator, John Vanilla r \w '-' ....,; -wi " ORDINANCE NO. 05-026 AN ORDINANCE AMENDING CHAPTER 1-7 "COURTS" OF THE CODE OF ORDINANCES OF ST, LUCIE COUNTY PROVIDING FOR ADDITIONAL COURT COSTS FOR TEEN COURT IN THE AMOUNT OF $3.00 TO BE IMPOSED BY THE COURT AGAINST EVERY PERSON WHO PLEADS GUILTY OR NOLO CONTENDERE TO, OR IS FOUND GUILTY OF, ANY FELONY, MISDEMEANOR OR CRIMINAL TRAFFIC OFFENSE UNDER THE LAWS OF THE STATE OF FLORIDA; PROVIDING THAT TEEN COURT PROGRAM NO LONGER RECEIVES A PORTION OF $65,00 COURT COST; PROVIDING FOR SEVERABILITY; AND PROVIDING EFFECTIVE DATE, WHEREAS, the Board of County Commissioners of St. Lucie County, Florida ("Board"), is authorized by Section 938.19, Florida Statutes, to adopt an additional court cost of three and 0/100 dollars ($3.00) to be used by the County for the operation and administration of the teen court. WHEREAS, the Board has determined that the adoption of this Ordinance imposing an additional court cost is in the best interest of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A, ARTICLE I OF CHAPTER 1-7 "COURTS" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY IS HEREBY AMENDED AS FOLLOWS: Sec. 1-7-1. Additional costs for law enforcement training. Every court in the county created by Article V of the State Constitution shall assess four and 50/100 dollars ($4.50) pursuant to sections 318.18(11)( c) and 938.15, Florida Statutes, in addition to the three dollars ($3.00) assessed by section 938.01(1), Florida Statutes, as a court cost against every person convicted for violation of a state penal or criminal statute or convicted for violation of a municipal or county ordinance or non-criminal Stp~d( tkPðLJgl. portions are deleted. Underlined portions are added. ... '-' '-' '-' wi infraction. However, no such assessment shall be made against any person convicted for violation of any state statute, municipal ordinance, or county ordinance relating to the parking of vehicles. All such costs collected by the aforesaid courts shall be deposited in a special grant fund of the county to be used for law enforcement training expenditures by said county. Sec. 1-7-2 Assessment of additional court costs. A. The court shall assess court costs of sixty-five and 0/100 dollars ($65.00) per case, in addition to any other authorized cost or fine, on every person who pleads guilty or nolo contendre to, or is found guiltyof any felony, misdemeanor, or criminal traffic offense under state law. B. The clerk of the circuit and county court ("clerk") shall collect the sixty-five and 0/100 dollars ($65.00) court costs assessed by the court and deposit those funds in a separate, designated account established by the clerk. The clerk shall release funds to the Board upon request. Sec. 1-7-3 Allocation of additional court costs. The additional court costs imposed pursuant to Section 1-7-2 of this Code shall be used only in St. Lucie County, to be allocated as follows: 1. Twenty-five percent of the amount collected shall be allocated to fund innovations to supplement state funding for the elements of the state courts system identified in section 29.004, Florida Statutes, and county funding for local requirements under Section 29,008(2)(a)2, Florida Statutes. 2. Twenty-five percent of the amount collected shall be allocated to assist counties in providing legal aid programs required under Section 29.008(3)(a), Florida Statutes. 3. Twenty-five percent of the amount collected shall be allocated to fund personnel and legal materials for the public as part of a law library. 4. Twenty-five percent of the amount collected shall be used as determined by the Board to support tt:t:n court progroms, juvenile assessment centers, and other juvenile alternative programs, Str~d( tl,rðugk portions are deleted. Underlined portions are added. 2 \...- '-' ...,.¡ 'Wf/I Sec. 1-7-4 Quarterly Reports Required; Priority; Indigency. The Board shall report the amount of funds collected pursuant to this section and itemized list of expenditures for all authorized programs and activities. The report, in a format developed by the Supreme Court, shall be submitted to the Governor, the Chief Financial Officer, the President of the Senate, and the Speaker of the House of Representatives on a quarterly basis beginning with the quarter ending September 30, 2004. Quarterly reports shall be submitted no later than 30 days after the end of the quarter. Any unspent funds at the close of the county fiscal year allocated under subparagraphs 2., 3., and 4. of Section 1-7-3, shall be transferred for use pursuant to subparagraph 1 of Section 1-7-3, The disbursement of costs collected under this section shall be subordinate in priority order of disbursement to all other state-imposed costs, restitution or other compensation to victims, and child support payments. If a person is determined to be indigent, the clerk shall defer payment of this cost. Sec. 1-7-5. Disposition of law library funds. All additional costs collected for the law library shall be set aside by the clerk to be used exclusively for the establishment and maintenance of the county law library, At the end of each month, such clerk will turn over such funds so collected to the board of trustees of the county law library as provided in Chapter 57-1790, Laws of Florida as amended by Chapter 71-895, Laws of Florida. Str~d( thrðu~l. portions are deleted. Underlined portions are added. 3 -- '-" """ ....,; ...." See, 1-7-6. Disposition of legal aid fund. All additional costs collected for the pro bono legal aid program shall be set aside by the clerk in a separate account to be used exclusively to fund the pro bono legal aid program under the supervision of the St. Lucie County Bar Association for the Nineteenth Judicial Circuit or its designee. Sec. 1-7-7. Civil traffic infraction fund. Effective November 1, 1999, there is created a separate fund titled "civil traffic infraction fund". All monies deposited in the fund by the clerk pursuant to administrative order shall be used to pay expenses of the civil traffic hearing officer program as approved - by the chief judge of the Nineteenth Judicial Circuit pursuant to the budget for the program established by the Board of County Commissioners. See, 1-7-8. Assessment of court costs to be used for the operation and administration of teen court programs. fg) The court (both county and circuit) shall access court costs of three and 00/100 dollars ($3.00) per case. in addition to any other authorized cost or fine against every person who pleads guilty or nolo contendere to or is convicted of. re~ardless of adjudication. a violation of criminal law or a municipal or county ordinance. or who pays a fine or civil penalty for any violation of Chapter 316. Florida Statutes. Any person whose adjudication is withheld under section 318.14(9) or (10). Florida Statutes. shall also be assessed such cost. The assessment for court costs shall be assessed in addition to any fine or civil penalty or other court cost and may not be deducted from the proceeds of that portion of any fine or civil penalty that is received by a municipality in the county or by the county in accordance with Section 316,660 and 318.21. Florida Statutes. The assessment shall be specifically added to any civil penalty paid for a violation of Chapter 316. Florida Statutes, regardless of whether the penalty is paid by mail. paid in person without request for a hearing. or paid after hearing and determination by the court. However, the assessment may not be made against a person for a violation of any state law or municipal or county ordinance relating to the parking of vehicles. with the exception of the violation of the handicapped parking laws, .ili2 The clerk of the court shall collect the assessments for court costs collected pursuant to this section and shall remit the assessments to the teen court monthly, less five (5) per cent. which is to be retained as fee income of the office of the clerk of the circuit StnJd( tJ.r61:1~h portions are deleted. Underlined portions are added. 4 - - - ~~ ~ '-' ...,.¡ ...." court. The teen court must account for all funds received under this section in a written report to the Board by August 1 of each year. PART B, SEVERABILITY , If any word, phrase, clause, section or portion of this ordinance shall be held invalid or unconstitutional by a court of competent jurisdiction, such portion or words shall be deemed a separate and independent provision and such holding shall not affect the validity of the remaining portions thereof. PART C, EFFECTIVE DATE, This ordinance shall become effective September 1, 2005. PART D, FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E, ADOPTION, After motion and second, the vote on this ordinance was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Frannie Hutchinson Commissioner Joseph E. Smith Commissioner Chris Craft xxx xxx xxx xxx xxx PART F. CODIFICATION, Provisions of this ordinance shall be incorporated into the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts" B" through "F" shall not be codified. StF~d( thFe~!jh portions are deleted. Underlined portions are added. 5 .... - ~ ~ '-' ..,; ..."J 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 Strl:lc:!< thr6ugh portions are deleted. Underlined portions are added. 6 / '-' l,.",J '-' ...,.¡ ITEM NO. õ& ii1iI" :J ., ...... .,,~ ': ~:"-,'i:, (~ ~' ~'" ': ,'." "'.."'~>:':_". -' ,-' '- ' ~, . ' . .. .. --~, DATE: AUÇJ. 2. 2005 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: (>ð CONSENT: ( ) TO: BOARD OF COUNTY COMMISSIONERS PR1rT6~ P.M. Bowers Utility Director SUBMITTED BY (DEPT): UTILITIES DEPARTMENT SUBJECT: Establishment and adoption of Consolidation Rate Tariffs, Consolidated Utility Service Policy, Consolidation Extension Policy and Resolution 05-277 with the proposed consolidation of the following County Utility districts: North Hutchinson Island, North County, HEW. Lakewood Park and the Airport. FUNDS AVAILABLE: N/A PREVIOUS ACTION: Board of County Commissioners approved previous separate rate structures for all Districts. RECOMMENDATION: Staff recommends that the Board approve the adoption of Consolidation Rate Tariffs, Consolidated Utility Service Policy, Consolidation Extension Policy and Resolution 05-277 with the proposed consolidation of the following County Utility districts: North Hutchinson Island, North County, HEW. Lakewood Park and the Airport. KAPPROVED o OTHER: o DENIED Approved 4-1 Comm. Craft - No CONcw4NCE: ~¿ r Douglas Anderson County Administrator COMMISSION ACTION: º Originating Dept: Ý 4 Review and Approvals _[] County Attorney: g Management and Budget: º Purchasing: º Other: o Parks & Rec: o Finance: (Check for copy only, if applicable): Anyone with a disability requiring accommodations to attend this meeting should contact the SI. Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, aUeast 48 hours (48) prior to the meeting. '-' '-' ...,/ ....J UTILITY DEPARTMENT MEMORANDUM TO: Board of County Commissioners P.M. Bowers, Utility Director tfw1 August 2, 2005 FROM: DATE: RE: North County Utility Districts Consolidation BACKGROUND: On June 28, 2005, Staff was granted permission to advertise and send notice to customers for a public hearing to consider proposed consolidated utility Rate Tariffs in conjunction with the proposed consolidation of the following County Utility districts: North Hutchinson Island, North County, H.E.W. Lakewood Park and the Airport. The proposed Consolidated Rate Tariffs were mailed to all existing S1. Lucie County Utilities customers at least 14 days prior to the public hearing. The proposed Consolidation Ordinance and the proposed Consolidated Rate Tariffs have also been made available to the Board and the public, It was also advertised in the local newspapers on July 15, 2005. RECOMMENDATION: Staff recommends that the Board approve the adoption of Consolidation Rate Tariffs, Consolidated Utility Service Policy, Consolidation Extension Policy and Resolution 05-277 with the proposed consolidation of the following County Utility districts: North Hutchinson Island, North County, H.E.W, Lakewood Park and the Airport, 'wi c {¡J~.fü .¿ ./(VVWA_)H/l '-' -þ.)v 1/11 NOTICE OF PUBLIC HEARING b,LL. ft"'~. ~-~L-r NOTICE IS HEREBY GIVEN that the Board of County Commissioners of St. Lucie ~ I~ J.o' County, Florida, will hold a public hearing regarding its consideration to adopt County Resolution '-" '-' ...,.¡ BEFORE THE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA No. 05-277 to consolidate the North Hutchinson Island Utility District, the Airport Utility District, the North County (Holiday Pines) Utility District, the Mid County District, the Indian River Estates MSBU District and the HEW Utility District into a single utility within the St. Lucie County Water and Sewer District, and to adopt a schedule of rates, fees and charges, policies and procedures for the District, at its regular meeting on Tuesday, the 2nd day of August, 2005, at 6:00 p,m" or as soon thereafter as the matter may be heard in the St, Lucie County Commission Chambers at the St. Lucie County Administration Building Annex, Third Floor, 2300 Virginia Avenue, Fort Pierce, Florida, Matters affecting your personal and property rights may be heard and acted upon, All interested persons are invited to attend and be heard. Written comments received in advance of the public hearing will also be heard. Copies of the proposed resolution may be obtained from the County Attorney's Office, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida, 34982, Amendments to the Ordinance may be made at the public hearing. If any person decides to appeal any decision made with respect to any matter considered at the meetings or hearings of any board, committee, commission, agency, councilor advisory group, that person will need a record of the proceedings and that, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record should include the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request, The title of the proposed resolution is: RESOLUTION NO. 05-277 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF '-'" .."", '-' ""'" COUNTY COMMISSIONERS CONSOLIDATING THE NORTH HUTCHINSON ISLAND UTILITY DISTRICT, THE AIRPORT UTILITY DISTRICT, THE NORTH COUNTY (HOLIDAY PINES) UTILITY DISTRICT, THE MID COUNTY DISTRICT, THE INDIAN RIVER ESTATES MSBU DISTRICT AND THE HEW UTILITY DISTRICT INTO A SINGLE UTILITY WITHIN THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT; AUTHORIZING THE ESTABLISHMENT OF UTILITY RATES, FEES, CHARGES, POLICIES AND PROCEDURES FOR THE CONSOLIDATED UTILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The proposed Schedule of Rates, Fees and Charges are as follows: INSERT RATE SCHEDULES THIS NOTICE EXECUTED and dated this 28th day of June, 2005. Submitted by: Daniel S. 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Õ 0 .... ::E ~ :':':':':':0 ::E ~ l- I- W·: LU (j) ::;) r ¡::: (fJ ~ ::> en .....' ci ::;) (fJ C:f (j) ::> II) II) ::> .... "' II) ::J Z .:¡¡¡:::c.. Q. ::> CII '" ëii: « u 0 ::E 0:1: Z U z 0 tD () .. ::::·::w ~ CII ..... 0 .. 0 W:· ::::·::·CJ II) II) () () :0::' .......lY Z .š ..... i'~ 0 .. ..... () 0 ..-. .. :::U 'f ... ... .... .. «««« ZZZZZ .. 'W' 00 :~gß~~o :.cn:o N lO 0 L.? "Œ'ro to ~ g In 'ill ..- U1 - :tl: ..- :::i :J!::: !il :1:1>: V! ß Z :a:: g ~. ëi! W· " :::!: 0 :ffl: g ~: ~ :~: N ~ to to ~ g ~ :E J: .~. () :JïJ. z ¢: Q '0:::' I- :/L' c.. W ~ .~ II) .~. z ::: 0 ... U .. ... ~ ..., ~ ....,; RESOLUTION NO. 05-277 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF . COUNTY COMMISSIONERS CONSOLIDATING THE NORTH HUTCHINSON ISLAND UTILITY DISTRICT, THE AIRPORT UTILITY DISTRICT, THE NORTH COUNTY (HOLIDAY PINES) UTILITY DISTRICT, THE MID COUNTY DISTRICT, THE I~r¡)1AN RIVER ESTATES MSBU DISTRICT AND THE HEW UTILITY DISTRICT INTO A SINGLE UTILITY WITHIN THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT; AUTHORIZING THE ESTABLISHMENT OF UTILITY RATES, FEES, CHARGES, POLICIES AND PROCEDURES FOR THE CONSOLIDATED UTILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant Ordinance No, 04-023, (the "District Ordinance") the County Commission created the S1. Lucie County Water and Sewer District ("District") for the purpose of consolidating the provision of water, wastewater, and reclaimed water service within the boundaries of the District and for providing needed public utilities in unincorporated areas of the County in a manner which provides the most effective, environmentally sound, safe and economic wastewater and potable water systems consistent with present demand and future gro\\>ih requirements, which promotes orderly, compact urban growth and in a manner that shall not promote a pattern of development that would result in low density sprawl across the unincorporated areas of the community, and which complies with the requirements of the County Comprehensive Plan; and WHEREAS, the County, by this Resolution, intends to effectuate such consolidation of utilities within the District consistent with the provisions of the District Ordinance, WHEREAS, the Board, on the advice and recommendation of its utility staff and technical advisors, finds that the proposed Schedules of Rates, Fees and Charges for customers of the consolidated District set forth in the attached Exhibit 1, and the proposed Service Policy "" "wIÎ '-' '-' and Extension Policy for the consolidated District set forth in the attached Exhibit 2 are just and equitable and in the public interest; and WHEREAS, the Board provided written notice of the proposed Schedule of Rates, Fees and Charges and Policies for the consolidated District to the utility customers within the District which' notice set forth the date, time and place of the meeting of the Board at which such proposals would be considered. NOW THEREFORE, be it resolved by the Board of County Commissioners of S1. Lucie County, Florida: Section 1. CONSOLIDATION OF UTILITIES IN THE DISTRICT, Pursuant to the District Ordinance, the County Comprehensive Plan, Chapter 153, Part II, Florida Statutes, and Section 189.4041, Florida Statutes, and contingent upon receipt of all necessary approvals required under existing County utility bond resolutions, the Board of County Commissioners determines it to be necessary in the public interest and hereby does consolidate the following County utility systems into a single utility within the District: North Hutchinson Island Utility District; Holiday Pines Utility District, the Airport Utility District, Mid County Utility District, Indian River Estates Municipal Service Benefit Unit District and the HEW Utility District (the ."Consolidated Utilities"). The consolidated utility shall be hereafter known as the "S1. Lucie County Water and Sewer District". Section 2. ESTABLISHMENT OF UTILITY RATES, FEES AND CHARGES, POLICIES AND PROCEDURES FOR THE DISTRICT. The Schedule of Rates, Fees and Charges for the S1. Lucie County Water and Sewer District attached to this Resolution as Exhibit 1 (the "Rate Schedule") is hereby adopted. The Rate Schedule shall be effective commencing with the first billing cycles after the effective date of this Resolution, The Utility Service Policy '-' ...." ~ ....,; and the Utility Extension Policy attached to this Resolution as Exhibit 2 (the "Policies and Procedures") are hereby adopted. The Policies and Procedures shall be effective upon the effective date of this Resolution, Revisions to the Schedule of Rates, Fees and Charges, and to the Policies may be made by Resolution, A map of the service boundaries of the St. Lucie County Water and Sewer District is attached to this Resolution as Exhibit 3. Section 3. SEVERABILITY. If any section, paragraph, sentence, clause, phrase, or word of this Resolution is for any reason held by a court to be unconstitutional, inoperative, or void, such holding shall not affect the remainder bfthis Resolution. Section 4. EFFECTIVE DATE. This Resolution shall become effective upon adoption (the "Effective Date"). Upon the Effective Date, the County Finance Director is directed to consolidate all of the Assets, Funds and Financial Reporting of the Consolidated Utilities into the St. Lucie County Water and Sewer District. Section 5. ADOPTION. After motion and second, the vote on this Resolution was as follows: Chairman Frannie Hutchinson XXX Vice Chairman Doug Coward XXX Commissioner Joe Smith XXX Commissioner Chris Craft XXX Commissioner Paula A. Lewis XXX PASSED AND DULY ENACTED this _ day of ,2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND '-" ~ ...,J -..""I CORRECTNESS: BY: County Attorney ~ '-' ..,,¡ EXHIBIT "1" "wII .' '-' ST. Lt!N(E COUNTY WATER AND SEWER DISTRhoIf RESIDENTIAL METERED RATE SCHEDULE WATER SERVICE AVAILABILlTY- Available throughout the area served by the district on No. Hutchinson Island. APPLlCABILlTY- For water service to single family or multi-family residences where the water is individually metered. RATES (Monthly) Base Facility Charge Meter Size ~ ø~ 1" ~~ 11/2" 47.50 2 " nœ Customer Account Charge (Per Metered Connection) $2.00 Consumption Charge ( Per 1,000 Gallons) o To 7,500 7,501 -15,000 15,001 and above $3.90 5.50 7.50 ....1 '-' ..",,; ST. L~E COUNTY WATER AND SEWER DISTR~ RESIDENTIAL METERED RATE SCHEDULE WASTEWATER SERVICE AVAILABILlTY- Available throughout the area served by the district on No. Hutchinson Island. APPLlCABILlTY- For wastewater service to single family or multi-family residences where the water is individually metered. RATES (Monthly) Base Facility Charge Meter Size All Meter Sizes $12.00 Consumption Charge ( Per 1,000 Gallons) 0-10,000 wastewater capped at 10,000 gal. $5.10 '-'" '...I ST. L~E COUNTY WATER AND SEWER DISTR't.t' IRRIGATION RATE SCHEDULE WATER SERVICE AVAILABILlTY- Available throughout the area served by the district on No. Hutchinson Island. APPLlCABILlTY- For water service to all customers who require potable irrigation service in the district. RATES (Monthly) Base Facility Charge Meter Size ~~ ~~ 1 " 23.75 11/2" 47.50 2 " 76.00 All Above Per Utility Analysis Customer Account Charge (Per Metered Connection) $2.00 Consumption Charge ( Per 1,000 Gallons) o To 7,500 7,501 - 15,000 15,001 and above $3.90 5.50 7.50 '-' ''wI ST. L~E COUNTY WATER AND SEWER DISTR'Iwf MULTI-FAMILY METERED RATE SCHEDULE WATER SERVICE AVAILABILlTY- Available throughout the area served by the district on No. Hutchinson Island. APPLlCABILlTY- For water service to residences where one meter provides service to two or more customers. RATES (Monthly) Base Facility Charge Times the number of units Meter Size All Meter Sizes $6.79 Per Unit Customer Account Charge (Per Metered Connection) $2.00 Consumption Charge ( Per 1,000 Gallons) Times the number of units o to 5,400 5,400 - 10,700 10,701 an above $3.90 5.50 7.50 '-' ...I ST. L~E COUNTY WATER AND SEWER DISTR'NJ MULTI-FAMILY METERED RATE SCHEDULE WASTEWATER SERVICE AVAILABILlTY- Available throughout the area served by the district on No. Hutchinson Island. APPLlCABILlTY- For wastewater service to residences where one meter provides service to two or more customers. RATES (Monthly) Base Facility Charge Times the number of units Meter Size All Meter Sizes $10.80 Per Unit Consumption Charge ( Per 1,000 Gallons) Times the number of units o to 9,000 Maximum 9,000 gal. times units $5,10 ~ ....; ST. L\.r:IE COUNTY WATER AND SEWER DISTRIwi COMMERCIAL METERED RATE SCHEDULE WATER SERVICE AVAILABILlTY- Available throughout the area served by the district on No. Hutchinson Island. APPLlCABILlTY- For water service to all commercial and industrial customers and to where no other rate schedule appHes. RATES (Monthly) Base Facility Charge Based on water ERC's ( an ERC equals 300 gallons per day) Per ERC $14.25 Customer Account Charge (Per Metered Connection) $2.00 Consumption Charge ( Per 1 ,000 Gallons) o To 7,500 7,501 - 15,000 15,001 and above $3.90 5.50 7.50 "" ~ ST. LWE COUNTY WATER AND SEWER DISTm-t COMMERCIAL METERED RATE SCHEDULE WASTEWATERSER~CE AVAILABILlTY- Available throughout the area served by the district on No. Hutchinson Island. APPLlCABILlTY- For wastewater service to all commercial and industrial customers and to where no other rate schedule applies. RATES (Monthly) Base Facility Charge Based on water ERC's ( an ERC equals 300 gallons per day) Per ERC $18.00 Consumption Charge ( Per 1,000 Gallons) All Gallons $5.10 ~T. L'-'E COUNTY WATER AND SEWER DISTR""" ...", TEMPORARY CONSTRUCTION METER WATER SERVICE AVAILABILlTY- Available throughout the area served by the district on No. Hutchinson Island. APPLlCABILlTY- For water service to all temporary construction meters and to where no other rate schedule applies. Deposit In Advance $250.00 Consumption Charge ( Per 1 ,0003allons ) All gallons $5.50 '-;T. L\.øIE COUNTY WATER AND SEWER DISTR"-' ....,.¡ FIRE PROTECTION RATE SCHEDULE WATER SERVICE AVAILABILlTY- Available throughout the area served by the district on No. Hutchinson Island. APPLlCABILlTY- Applicable to all connections to the utility system for private fire protection service. RATES (Yearly) Base Facility Charge Meter Size 2" 4" 6" 8' $180.00 562.50 1,125.00 1,800.00 Consumption Charge ( Per 1,000 Gallons) All gallons $5.50 '-;T. L~E COUNTY WATER AND SEWER DI5TR...,r ....,¡ ALLOWANCE FOR PRUDENT INVESTMENT RATE SCHEDULE ACCRUED GUARANTEED REVENUES AVAILABILlTY- Available throughout the area served by the district on No. Hutchinson Island. APPLlCABILlTY- Applicable to all water and wastewater customers who require service from the plant and lines capacity . Water Wastewater RATES (At time of connection) Per ERC $180.00 $180.00 \.or ,. ..., ST. ~IE COUNTY WATER AND'SEWER DlSTRI~ OTHER FEES AND CHARGES RATE SCHEDULE WATER AND WASTEWATER AVAllABILlTY- Available throughout the area served by the district on No, Hutchinson Island. --APPloI6AB Ill'F*-Applicable-toêlll-waterand wastewater customers-wtro-requireservice-from-the-plant -.. and lines capacity in place. CONNECTION FEES Total Water Wastewater $700.00 $590.00 1,960,00 1,920.00 400.00 60.00 $2,660.00 $2,970~00 RATES: Residential and Commercial (At time of connection) Line Charge (per ERC) Plant Charge (per ERC ) Reclaim Lines (per ERC) Reclaim Plant (per ERC ) ERC for water equals 300 gpd ERC for wastewater equals 240gpd Multi- Family Total $520.00 $440.00 1,450.00 1,420.00 295.00 45.00 $1,970.00 $2,200.00 line Charge (per unit) Plant Charge (per unit) Reclaim Lines (per unit) Reclaim Plant (per unit) METER INSTAllATION FEES Meter Size 11/2" $300.00 400.00 700.00 1,200.00 2,800.00 Actual cost plus 15 % 3/4" 1" 2" 3" 4" and above laterals Fees Short ( same side of street) $1,100.00 long (opposite side of street) $2,400.00 ~T, L~E COUNTY WATER AND SEWER DISTR-..f """'" MISCELLANEOUS FEES AND CHARGES RATE SCHEDULE WATER AND WASTEWATER AVAILABILlTY- Available throughout the area served by the district on No. Hutchinson Island. APPLlCABILlTY- Applicable to aU water and wastewater customers of the utility system. RATES Normal Hrs, After Hrs. Normal reconnection of service $30.00 $45.00 Violation reconnection of service 40.00 60.00 Premises visit ( in lieu of disconnect ) 30.00 45.00 Late Payment Charge 5.00 Initial Application Fees: Administrative Fee Plan Review Fee Inspection Fee Developer Agreement Fee Service Agreement Fee $250.00 2 % of construction costs 1112% of construction costs $5,000.00 $500.00 Request for meter test: 518" to 1112 " Meter 2" and above Meter Fee applicable when meter tests within tolerances. $30.00 Actual cost plus 15% ~ ST. L~ COUNTY WATER AND SEWER DISTRhM' RECLAIMED WATER RATE SCHEDULE WATER SERVICE ....r AVAILABILlTY- Available throughout the area served by the district on No. Hutchinson Island. APPLlCABILlTY- For water service to all customers who require reclaimed water for irrigation in the district. RATES (Monthly) Consumption Charge ( Per 1,000 Gallons) All Gallons $2.56 ~ \ to. '-' ST, L'-tE COUNTY WATER AND SEWER DIST~ RESIDENTIAL METERED RATE SCHEDULE WATER SERVICE AVAILABILlTY- Available throughout the area served by the district in the HEW System,. APPLlCABILlTY- For water service to single family or multi-family residences where the water is indMdually metered, RATES (Monthly) Base Facility Charge Meter Size 3/4" 1 " 11/2" $34.80 87.00 174.00 278.40 2 " Customer Account Charge (Per Metered Connection) $2.00 Consumption Charge ( Per 1,000 Gallons) o To 7,500 7,501 -15,000 15,001 and above $0.00 3.88 4,47 ....." -- - '" '-'ST. ÚWIIE COUNTY WATER AND SEWER DISTI\".I RESIDENTIAL METERED RATE SCHEDULE WASTEWATER SERVICE """ AVAILABILlTY- Available throughout the area served by the district in the HEW System,. APPLlCABILlTY- For wastewater service to single family or multi-family residences where the water is individually metered. RATES (Monthly) Base Facility Charge Meter Size All Meter Sizes $34.80 Consumption Charge ( Per 1,000 Gallons ) 0-10,000 wastewater capped at 10,000 gal. $0.00 I.' '-'ST, '-'IE COUNTY WATER AND SEWER DIST"-' IRRIGATION RATE SCHEDULE WATER SERVICE ..., AVAILABILlTY- Available throughout the area served by the district in the HEW System,. APPLlCABILlTY- For water service to all customers who require potable irrigation service in the district. RATES (Monthly) Base Facility Charge Meter Size 1 " $34.80 87.00 174.00 278.40 314" 1112" 2 " All Above $2.00 Customer Account Charge (Per Metered Connection) Consumption Charge ( Per 1,000 Gallons) o To 7,500 7,501 - 15,000 15,001 and above $0.00 3.88 4.47 '-' ST. aWE COUNTY WATER AND SEWER DIST~ MULTI-FAMILY METERED RATE SCHEDULE WATER SERVICE AVAILABILlTY- Available throughout the area served by the disbict in the HEW System,. APPLlCABILlTY- For water service to residences where one meter provides service to two or more customers. RATES (Monthly) Base Facility Charge Times the number of units Meter Size All Meter Sizes $24,86 Per Unit Customer Account Charge (Per Metered Connection) $2.00 Consumption Charge ( Per 1,000 Gallons) Times the number of units o to 5,400 5,400 - 10,700 10,701 an above $0.00 3.88 4.47 ...., S~UCIE,-^,NTY WATER AND SEWER DISTRICT MULTI-FAMILY METERED RATE SCHEDULE WASTEWATERSER~CE 'WI AVAILABILlTY- Available throughout the area served by the district in the HEW System,. APPLlCABILlTY- For wastewater service to residences where one meter provides service to two or more customers. RATES (Monthly) Base Facility Charge Times the number of units Meter Size All Meter Sizes $31.32 Per Unit Consumption Charge ( Per 1,000 Gallons) Times the number of units o to 9,000 Maximum 9,000 gal. times units $0.00 ....I '-' >.,J ST. LWE COUNTY WATER AND SEWER DIST~ COMMERCIAL METERED RATE SCHEDULE WATER SERVICE AVAILABILlTY- Available throughout the area served by the district in the HEW System,. APPLlCABILlTY- For water service to all commercial and industrial customers and to where no other rate schedule applies. RATES (Monthly) Base Facility Charge Based on water ERC's ( an ERC equals 300 gallons per day) Per ERC $34,80 Customer Account Charge (Per Metered Connection) $2.00 Consumption Charge ( Per 1,000 Gallons) o To 7,500 7,501 -15,000 15,001 and above $3.40 3.88 4.47 '-' "'" ST. LWE COUNTY WATER AND SEWER DISTIb.I TEMPORARY CONSTRUCTION METER WATER SERVICE AVAILABILlTY- Available throughout the area served by the district in the HEW System,. APPLlCABILlTY- For water service to all temporary construction meters and to where no other rate schedule applies. Deposit In Advance $250.00 Consumption Charge ( Per 1,00 Gallons ) All gallons $3.88 '-' ST. LWE COUNTY WATER AND SEWER DIST~ COMMERCIAL METERED RATE SCHEDULE WASTEWATER SERVICE AVAILABILlTY- Available throughout the area served by the district in the HEW System,. APPLlCABILlTY- For wastewater service to all commercial and industrial customers and to where no other rate schedule applies. RATES (Monthly) Base Facility Charge Based on water ERC's ( an ERC equals 300 gallons per day) Per ERC $34.80 Consumption Charge ( Per 1 ,000 Gallons) All Gallons $3.88 ...." '-"ST. L'-'1E COUNTY WATER AND SEWER DIST~ .."., FIRE PROTECTION RATE SCHEDULE WATER SERVICE AVAILABILlTY- Available throughout the area served by the district in the HEW System,. APPLlCABILlTY- Applicable to all connections to the utility system for private fire protection service. RATES (Yearly) Base Facility Charge Meter Size 2" 4" 6" 8' $180.00 562.50 1,125.00 1,800.00 Consumption Charge ( Per 1,000 Gallons) All gallons $3.88 ~ST. L\wotE COUNTY WATER AND SEWER DISTR...,.¡ .." ALLOWANCE FOR PRUDENT INVESTMENT RATE SCHEDULE ACCRUED GUARANTEED REVENUES AVAILABILlTY- Available throughout the area served by the district in the HEW System,. APPLlCABILlTY- Applicable to all water and wastewater customers who require service from the plant and lines capacity . Water Wastewater RATES (At time of connection) Per ERC $180.00 $180.00 '-' ST. LUC~OUNTY WATER AND SEWER DISTRICT OTHER FEES AND CHARGES RATE SCHEDULE WATER AND WASTEWATER ...,.¡ AVAILABILlTY- Available throughout the area served by the district in the HEW System,. APPLlCABILlTY- Applicable to all water and wastewater customers who require service from the plant and lines capacity in place. CONNECTION FEES RATES: Residential and Commercial (At time of connection) Water Wastewater $700.00 $590.00 1,960.00 1,920.00 400.00 60.00 $2,660.00 $2,970.00 Line Charge (per ERC) Plant Charge (per ERC ) Reclaim Lines (per ERC) Reclaim Plant (per ERC ) . Total ERC for water equals 300 gpd ERC for wastewater equals 240gpd Multi- Family Line Charge (per unit ) $520.00 $440.00 1,450.00 1,420.00 295.00 45.00 $1,970.00 $2,200.00 Plant Charge (per unit) Reclaim Lines (per unit) Reclaim Plant (per unit) Total METER INSTALLATION FEES Meter Size 3/4" 1" 11/2" 2" 3" 4" and above $300.00 400.00 700.00 1,200.00 2,800.00 Actual cost plus 15 % Laterals Fees Short ( same side of street) $275.00 $450.00 Long (opposite side of street) '...I '-'ST. L\.ø;IE COUNTY WATER AND SEWER DIST"-' ....,J MISCELLANEOUS FEES AND CHARGES RATE SCHEDULE WATER AND WASTEWATER AVAILABILITY-Available throughout the area served by the district in the HEW System,. APPLlCABILlTY- Applicable to all water and wastewater customers of the utility system. RATES Normal Hrs. After Hrs. Normal reconnection of service $30.00 $45.00 Violation reconnection of service 40.00 60.00 Premises visit ( in lieu of disconnect) 30.00 45.00 Late Payment Charge 5.00 Initial Application Fees: Administrative Fee Plan Review Fee Inspection Fee Developer Agreement Fee Service Agreement Fee $250.00 2 % of construction costs 11/2% of construction costs $5,000.00 $500.00 Request for meter test: 5/8" to 11/2 " Meter 2" and above Meter Fee applicable when meter tests within tolerances. $30.00 Actual cost plus 15% '-" ....,,¡ ST. L'-tE COUNTY WATER AND SEWER DISTR~ RECLAIMED WATER RATE SCHEDULE WATER SERVICE AVAILABILlTY- Available throughout the area served by the disbict in the HEW System,. APPLlCABILlTY- For water service to all customers who require reclaimed water for irrigation in the district, RATES (Monthly) Consumption Charge ( Per 1,000 Gallons) All Gallons $2.56 " '-""ST. u...",.JE COUNTY WATER AND SEWER DISTr...,.; RESIDENTIAL METERED RATE SCHEDULE WATER SERVICE AVAILABILlTY- Available throughout the area served by the district other then No. Hutchinson Island, and HEW Systems. APPLlCABILlTY- For water service to single family or multi-family residences where the water is individually metered. RATES (Monthly) Base Facility Charge Meter Size 3/4" $29.00 72.50 145.00 232,00 1 " 1112" 2 .. Customer Account Charge (Per Metered Connection) $2.00 Consumption Charge ( Per 1,000 Gallons) o To 7,500 7,501 - 15,000 15,001 and above $3.40 5.50 7,50 .....J - , . '-"sT. ~E COUNTY WATER AND SEWER DIST"-" ..., RESIDENTIAL METERED RATE SCHEDULE WASTEWATER SERVICE AVAILABILlTY- Available throughout the area served by the district other then No, Hutchinson Island, and HEW Systems. APPLICABILITY-For wastewater service to single family or multi-family residences where the water is individually metered. RATES (Monthly) Base Facility Charge Meter Size All Meter Sizes $17.00 Consumption Charge ( Per 1,000 Gallons) 0-10,000 wastewater capped at 10,000 gal. $5.50 ; . "-"'ST. L'-"'E COUNTY WATER AND SEWER DISTR,J .....,.¡ IRRIGATION RATE SCHEDULE WATER SERVICE AVAILABILlTY- Available throughout the area served by the dismct other then No. Hutchinson Island, and HEW Systems. APPLlCABILlTY- For water service to all customers who require potable irrigation service in the dismct. RATES (Monthly) Base Facility Charge Meter Size 3/4" $29.00 1 " 7250 11/2" 145.00 2 " 232.00 All Above Per Utility Analysis Customer Account Charge (Per Metered Connection) $2.00 Consumption Charge ( Per 1,000 Gallons) o To 7,500 7,501 - 15,000 15,001 and above $3.40 5.50 7.50 "-"'sT, L~E COUNTY WATER AND SEWER DIST~ ...." MULTI-FAMILY METERED RATE SCHEDULE WATER SERVICE AVAILABILlTY- Available throughout the area served by the district other then No. Hutchinson Island, and HEW Systems. APPLlCABILlTY- For water service to residences where one meter provides service to two or more customers. RATES (Monthly) Base Facility Charge Times the number of units Meter Size All Meter Sizes $20.71 Per Unit Customer Account Charge (Per Metered Connection) $2.00 Consumption Charge ( Per 1,000 Gallons) Times the number of units o to 5,400 5,400 - 10,700 10,701 an above $3.40 5.50 7.50 '-"'ST. L"-riE COUNTY WATER AND SEWER DIST~ MULTI-FAMILY METERED RATE SCHEDULE WASTEWATER SERVICE AVAILABILlTY- Available throughout the area served by the district other then No. Hutchinson Island, and HEW Systems. APPLlCABILlTY- For wastewater service to residences where one meter provides service to two or more customers. RATES (Monthly) Base Facility Charge Times the number of units Meter Size All Meter Sizes $15.30 Per Unit Consumption Charge ( Per 1,000 Gallons) Times the number of units o to 9,000 Maximum 9,000 gal. times units $5.50 'wi '-'ST. L""E COUNTY WATER AND SEWER DISTRW COMMERCIAL METERED RATE SCHEDULE WATER SERVICE AVAILABILlTY- Available throughout the area served by the district other then No. Hutchinson Island, and HEW Systems. APPLlCABILlTY- For water service to all commercial and industrial customers and to where no other rate schedule applies. RATES (Monthly) Base Facility Charge Based on water ERC's ( an ERC equals 300 gallons per day) Per ERC $43.50 Customer Account Charge (Per Metered Connection) $2.00 Consumption Charge ( Per 1,000 Gallons) o To 7,500 7,501 - 15,000 15,001 and above $3.40 5.50 7.50 'WIll '-"'sT. L\..JE COUNTY WATER AND SEWER DISTR."".I ......I TEMPORARY CONSTRUCTION METER WATER SERVICE AVAILABILlTY- Available throughout the area served by the district other then No. Hutchinson Island, and HEW Systems. APPLlCABILlTY- For water service to all temporary construction meters and to where no other rate schedule applies. Deposit In Advance $250.00 Consumption Charge ( Per 1,00 Gallons) All gallons $5.50 '-""ST. L'-"E COUNTY WATER AND SEWER DISTR"'-' ...""j COMMERCIAL METERED RATE SCHEDULE WASTEWATER SERVICE AVAILABILlTY- Available throughout the area served by the district other then No. Hutchinson Island, and HEW Systems. APPLlCABILlTY- For wastewater service to all commercial and industrial customers and to where no other rate schedule applies. RATES (Monthly) Base Facility Charge Based on water ERC's ( an ERC equals 300 gallons per day) Per ERC $25.50 Consumption Charge ( Per 1,000 Gallons) All Gallons $5.50 S~CIE VNTY WATER AND SEWER DISTRICT"""¡ ....J FIRE PROTECTION RATE SCHEDULE WATER SERVICE AVAILABILITY-Available throughout the area served by the district other then No. Hutchinson Island, and HEW Systems. APPLlCABILlTY- Applicable to all connections to the utility system for private fire protection service. RATES (Yearly) Base Facility Charge Meter Size 2" 4" 6" 8' $180.00 562.50 1,125.00 1,800.00 Consumption Charge ( Per 1,000 Gallons) All gallons $5.50 ~T. L'wE COUNTY WATER AND SEWER DISTR~ ...." ALLOWANCE FOR PRUDENT INVESTMENT RATE SCHEDULE ACCRUED GUARANTEED REVENUES AVAILABILlTY- Available throughout the area served by the district other then No. Hutchinson Island, and HEW Systems, APPLlCABILlTY- Applicable to all water and wastewater customers who require service from the plant and lines capacity . Water Wastewater RA YES (At time of connection) Per ERC $180.00 $180.00 ~ ST. I!r.éIE COUNTY WATER AND SEWER DISTWr OTHER FEES AND CHARGES RATE SCHEDULE WATER AND WASTEWATER ..".I AVAILABILlTY- Available throughout the area served by the district other then No. Hutchinson Island, and HEW Systems. APPDCABr[ITY~ Applicá61e to -ãll·....ìâTer-ãi1awastewater--customers who require service from the plant and lines capacity in place. CONNECTION FEES RATES: Residential and Commercial (At time of connection) Water Wastewater $700.00 $590.00 1,960.00 1,920.00 400.00 60.00 $2,660.00 $2,970.00 Line Charge (per ERC) Plant Charge (per ERC ) Reclaim Lines (per ERC) Reclaim Plant (per ERC ) Total ERC for water equals 300 gpd ERC for wastewater equals 240gpd Multi- Family . Line Charge (per unit ) Plant Charge (per unit) Total $520.00 $440.00 1,450.00 1,420.00 295.00 45.00 $1,970.00 $2,200.00 Reclaim Lines (per unit) Reclaim Plant (per unit) METER INSTALLATION FEES Meter Size 3/4" 1" $300.00 400.00 700.00 1,200.00 2,800.00 Actual cost plus 15 % 11/2" 2" 3" 4" and above laterals Fees Short ( same side of street) $275.00 $450.00 long (opposite side of street) ~T, L-.,e COUNTY WATER AND SEWER DISTR....., ..." MISCELLANEOUS FEES AND CHARGES RATE SCHEDULE WATER AND WASTEWATER A V AILABI LlTY - Available throughout the area served by the district other then No. Hutchinson Island, Airport and HEW Systems. APPLlCABILlTY- Applicable to all water and wastewater customers of the utility system. RATES Normal Hrs, After Hrs. Normal reconnection of service $30.00 $45.00 Violation reconnection of service 40.00 60.00 Premises visit ( in lieu of disconnect) 30.00 45.00 Late Payment Charge 5.00 Initial Application Fees: Administrative Fee Plan Review Fee Inspection Fee Developer Agreement Fee Service Agreement Fee $250.00 2 % of construction costs 11/2% of construction costs $5,000.00 $500.00 Request for meter test: 5/8" to 11/2 "Meter 2" and above Meter Fee applicable when meter tests within tolerances. $30.00 Actual cost plus 15% '-"ST. L\..íE COUNTY WATER AND SEWER DlSTR'-' ....., RECLAIMED WATER RATE SCHEDULE WATER SERVICE AVAILABILlTY- Available throughout the area served by the district other then No. Hutchinson Island, Airport and HEW Systems. APPLlCABILlTY- For water service to all customers who require reclaimed water for irrigation in the district. RATES (Monthly) Consumption Charge ( Per 1,000 Gallons) All Gallons $2.56 '-' '-' ...,.¡ ..t / '\.. '-' ~ ..., ...,.¡ ST. LUCIE COUNTY WATER AND SEWER UTILITY DISTRICT UTILITY SERVICE POLICY 1-1 · . , ~ '-' ....., ....; CHAPTER 1 - GENERAL SECTION 1 - POLICIES PURPOSE The purpose of this Utility Service Policy (USP) manual is to establish uniform and non- discriminatory regulations, policies, standards and utility fees for the proper administration of the S1. Lucie County Water and Sewer Utility District (SLCU). The USP is part of SLCU Uniform Policies and Procedures ("UP AP"), which inc1udes the Utility Extension Policy ("UEP"), the Utility Cotmection Regulations ("UCR") and other policies and procedures adopted by the Board of County Commissioners ("District Board"), as may be amended from time to time. The provisions of the UP AP and terms as defined in the UP AP are incorporated in this USP by reference. SLCU has, and may from time to time enter into, certain agreements with other regional utility providers to provide bulk water supply and treatment, wastewater treatment and disposal and reclaimed water supply to SLCU, Currently S1. Lucie County has bulk service agreements with the Fort Pierce Utility Authority ("FPUA") and with the City of Port S1. Lucie ("PSL"), These agreements are incorporated in the UPAP by reference and made a part of the UPAP. To the extent that these and any other bulk service agreements entered into by SLCU in the future have additional requirements or impose different regulations and policies, such requirements, regulations and policies shall also apply to Customers ofSLCU, VALIDITY The policies and the procedures specified herein supersede and replace any prior poJicies, procedures, regulations, fees, etc" governing provision of utility service by SLCD. In the event that a portion of this USP document is declared unconstitutional or void for any reason by any court of competent jurisdiction, such decision shall in no way affect the validity of the remaining portions of this USP. REVIEW OF POLICIES AND PROCEDURES MANUAL The District Board shall periodically review this USP to evaluate the adequacy of its provisions, Revisions must be approved by the District Board prior to implementation and dissemination except as may be authorized as a ministerial responsibility. MINISTERIAL RESPONSIBILITIES AUTHORIZED The District Board hereby delegates and authorizes the Utility Director of SLCU, and his designees, to perform those functions necessary to properly conduct the business of SLCU in conformance with the policies, procedures and regulations set forth in this USP, as well as under applicable law and regulation, Such functions include, but are not limited to, the ability to execute and record Standard Potable Water Development Agreements, Standard Wastewater Deve10pment Agreements, Standard Reclaimed Water Deve10pment Agreements, indenmity agreements, easements, deeds, liens, pennits and such other documents as are necessary and ordinary for carrying out the day-to-day activities of SLCU, Such functions further include interpretation of applicability and the ability to implement corrections to the USP and accompanying documents when minor in nature and not otherwise legally requiring an action of the District Board for implementation. Consistent implementing procedures may also be adopted by SLCU Utility Director, without further approval by SLCU. 1-2 '-" '-" ..." ..., SECTION 2 - GENERAL DEFINITIONS/PROCEDURES The following definitions are used in or useful in interpreting and understanding the USP, UEP and the UP AP. Technical tenns will be defined in accordance with standard references if not defined herein to the contrary. Such reference sources include, but are not limited to, the American Water Works Association, the Florida Water Management Districts, the Florida Health Departments and the Florida Department of Environmental Protection. The UPAP, USP and UEP are gender neutral. Masculine gender shall include the feminine and vice versa, Shall is mandatory, May is pemlissive or discretionary, The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the content of its use. Account Activation Fee. A fee designed to recover the expenses incurred by SLCU in establishing an account for billing purposes and turning on the water meter, Account Re-Activation Fee. A fee designed to recover the expenses incurred by SLCU in re-establishing a customer account and turning on the water meter. Act or The Act. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended fÌ'om time to time, 33 U.S.C. 1251, et seq. Adminstrative Hearing Board (AHB) , A three (3) member board established to hear and review disputes relating to the correctness of utility bills, the imposition of utility fees, and challenges to tennination of service, Auxiliary Water Supplv. Any water supply on or available to the premises other than SLCU approved public potable water supply, These auxiliary waters may include water fÌ'om a public reclaimed water system, private non-potable water supply, or any natural source(s), including but not limited to wells, springs, rivers, streams, or canals. Backflow Preventer. A device and/or method of cohstruction used to prevent Backflow into a potable water system, The type of assembly used should be based on the degree of hazard, either existing or potential. Base Facility Charge/Fee. A charge/fee paid on a monthly basis by all Customers to recover a portion of the Customer's share of the utility's fixed or non-variable costs. Business Hours, Administration, Finance & Accounting, and Engineering- 9:00 a,m, to 5:00 p,m, Customer Service - 9:00 a.m. to 5:00 p.m, Operations & Maintenance - 9:00 a.m, to 5:00 p,m. All hours shown are Monday through Friday, excluding holidays. 1-3 '-' '-' 'wi ....,¡ Commodity Charge/Fee (Gallonage Charge), A charge/fee paid on a monthly basis by all Customers with recorded consumption during the month. The Commodity Fee is intended to recover the customer's share of the Utility's variable operating expenses and a portion of fixed and non-variable expenses not recovered by the Base Facility Charge, Connection Fee, The fee assessed by the County for the connection of existing or proposed development to District utility Facilities. The amount of such fee, as amended from time to time, represents the proportionate share, per ERC, of the reasonably anticipated capital cost of expanding, oversizing, acquiring, or constructing the County's planned and existing facilities within the County service area where such expansion, oversizing, acquisition, or construction is necessitated by the connection of new customers (or additional use by existing customers) to the existing utility facilities, for the benefit of new and not-yet-served customers, Community Wastewater Treatment Plant. A community wastewater treatment plant is defined to mean a temporary wastewater treatment plant for a development, its collection system, appurtenant effluent disposaVreclaimed water reuse facilities, and sludge treatment and disposal facilities. Contract For Service. The document by which a customer's financial responsibility is established for the charges legally assessed against the service address(es) specified therein. County. A political subdivision of the State of Florida, known as St. Lucie County, as governed by the Board of County Commissioners (BOCC). County Standard Developer Agreement. The Standard Developer Agreement, as adopted and amended trom time to time by the BOCC, setting forth specific requirements of a Developer in connection with a reservation of capacity in the Utility System, Customer. An Applicant which has contracted to receive utility services fÌom a Utility and is fmancially responsible for the payment of all charges legally assessed by the Utility with respect to that particular connection to the Utilities' facilities. Also the actual user of these utility services, Customer. Bulle A customer of a Utility which redistributes utility services through its own utility facilities. Customer. New, An Applicant for property that has existing development or is proposed for development. Developer. Property Owner, or an agent of the Owner, ofland proposed for Development. Development. Existing. A single family residence, a multi-family structure, or a single parcel of property with one or more existing structures used for residential, commercial, commercial residential, industrial, or manufacturing purposes that generates wastewater flow to On-Site Wastewater Treatment Disposal System or a Private Wastewater Treatment Facility within the St. Lucie County Wastewater Service Area, 1-4 '-" 'w ...,.¡ .....J Development, Proposed, Any change in land use which alters or creates the demands for utility services; any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or permanent storage of materials; the act of building, engineering, mining, or other operations in, on, over, or under land; and/or the making of any material change in the use of any building or other land. District. The St. Lucie County Water and Wastewater Utility District. District Board, The Governing Board of the St. Lucie County Water and Wastewater Utility District. District Utility Director. The District Utility Director or the District Utility Director's designee. Drv-line Facilities. Utility facilities that are permanent in nature, that have been installed, but are not useable until other permanent facilities are available. Effluent. Water, after some degree of treatment, flowing out of any treatment device or facility, Equivalent Residential Connection. A unit of potable water, reclaimed water, or wastewater capacity in the applicable District utility system which is equivalent to the average number of gallons per day of service attributable to a single family detached residence as such number is established trom time to time by the District Utility Director for the applicable service, Force Mains. See Wastewater Facilities, Pressure, Individual On-Site Wastewater Disposal Facilities. On-Site Wastewater Disposal Facilities that provide Wastewater services to a single housing unit. Individual On-Site Water Supply Facility. A water well serving a single housing unit. Line Extension. Any utility conveyance system improvements needed to provide service to an existing or future deveiopment. Low Pressure Sewer Facilities. See Wastewater Facilities, Low Pressure, Off-Site Facilities. Utility facilities that are located between the Applicant's property limits and any and all pac's, On-Site Facilities. Utility facilities that are located within an Applicant's property limits, On-Site Wastewater Disposal Facilities, The facilities used for the treatment of wastewater in septic tanks and the disposal of the effluent by absorption fields, Oversized Facilities, Any utility facilities which are sized beyond the needs of the development for which the facilities were initially installed, 1-5 - '-' '-"' "WI ....J Oversizing, Utility facilities which are constructed to provide capacity for existing and/or future developments in excess of the utility capacity requirements of the property owner's development. Point of Connection, A point of entry into a utility system, given by the Utility to an Applicant; the point at which the property owner receives utility service, Potable Water. Water that meets the Environmental Protection Agency standards for human consumption, Potable Water Facilities, All facilities required for the production, treatment, storage, transmission, distribution, and delivery of potable water. Potable Water Facilities. Common. Potable water supply facilities formed by an on-site well with more than one connection serving more than one dwelling unit. Common potable water supply facilities shall meet HRS requirements for a Private Water Supply, Potable Water Facilities. Distribution. Those pipes, fire hydrants, valves, fittings, service connections, and appurtenances, sized in accordance with District engineering standards, used to convey potable water trom a master planned transmission system to a customer. Potable Water Facilities. Municipal. Public potable water facilities which are provided by a City or County and shall meet HRS requirements for a Public Water Supply, Potable Water Facilities. Private. Potable water facilities for which the construction or operating permits are issued to other than a municipality or county. Potable Water Facilities. Public, Potable water facilities for which the construction or operating pennits are issued to a municipality or county, Potable Water Facilities. Supply, Those facilities used to develop a source of potable water and its treatment including, but not limited to wells, raw water mains, treatment facilities, storage tanks, pumping stations, etc, Potable Water Facilities. Supplv. Individual On-Site, A potable water supply fonned by an on-site well with one connection serving a single unit. Individual private wells shall meet HRS requirements for a Private Water Supply. Potable Water Facilities. Transmission, Those pipes, fire hydrants, valves, fittings, and appurtenances, sized in accordance with District engineering standards, used to convey potable water trom potable water supply facilities or a pumping station to a distribution system. Property Owner, The title holder of record for a parcel of land, or its duly authorized representative or agent, or occupants of said property, who applies, either voluntarily or through the mandatory connections procedures, for utility service to and for said property, and who can bind the property owner to all legal obligations related to utility services. 1-6 '-" '-' 'wi .....J Reclaimed Water. Domestic Wastewater that has received at least secondary treatment, as defined by FDEP, and treatment as required by policy of the Sanitary Sewerage Element of the St. Lucie County Comprehensive Plan, and is reused after flowing out of a wastewater treatment facility. Reclaimed Water Facilities. All facilities required for the storage, transmission, and distribution of reclaimed water, Reclaimed Water Facilitiès. Distribution, Those pipes, valves, fittings, service connections, and appurtenances, sized in accordance with District utility standards, used to convey reclaimed water from reclaimed water transmission facilities to a customer. Reclaimed Water Facilities. Transmission. Those pipes, valves, fittings, and appurtenances identified and sized in accordance with the reclaimed water master plans, constructed in accordance with District utility standards, used to convey reclaimed water from a wastewater treatment plant or pumping station to reclaimed water distribution facilities. Reclaimed Water Service Connection. The reclaimed water connection from a reclaimed water distribution facility to the point of delivery for a Customer. For a residential Customer, this point of delivery is the downstream side of the meter at the Customer's property line, For a non-residential Customer, the actual point of delivery may be at a location other than the property line, to be determined by the District Utility Director in coordination with the Customer. Reuse. The deliberate application of reclaimed water for a beneficial purpose which reduces the use of water of a higher quality. Reuse Facilities, Those facilities located downstream of the service connection for the purpose of practicing reuse. Service Area, The parcel(s) of land to which a Utility is legally entitled to provide utility servIces, Service Area. Municipa1. The area within which a county, municipality, or other governmental authority or agency by a law or agreement is allowed to provide utility servIces. Service A vailabilitv (A vailabilitv of Service). The results of determining, through engineering analysis and of cost and operational feasibility studies, if utility service is available to an Applicant for property that has existing development or is proposed for development. Sewage. Domestic or Sanitary, See Wastewater, Domestic or Sanitary UPAP. The Utility Policies and Procedures of SLCU, which include the Utility Service Policy (USP), the Utility Extension Policy (UEP), the Utility Connections Regulations (UCR), the utility rate tariff, and other utility policies and procedures adopted and revised from time to time by SLCU. 1-7 '-' '-' 'wJI ....J Utility, A publicly or privately owned company or legal entity that provides to its customers products and/or services. Such products may be gas, electricity, water, etc.; and such services may be transportation systems, stonnwater management systems, wastewater treatment and disposal systems, etc. In these regulations the use of this word will be restricted to an entity that supplies potable water, reclaimed water, and wastewater products and services to its customers, Utility Facilities. All the facilities controlled by a Utility required to provide customers with potable water, reclaimed water, and/or wastewater products and/or services. Utility Facilities, Private, Utility facilities for which the construction or operating pennits are issue to other than a county or municipality, Utilitv Facilities, Public. Utility facilities for which the construction or operating permits are issued to a county or municipality, Utilitv Service, The act by a Utility of providing to a customer for its use potable water and/or reclaimed water, and/or providing to a customer the removal of their wastewater, Wastewater. The liquid and water-carried domestic or industrial wastes trom dwellings, commercial buildings, industrial facilities, and institutions together with any ground water, surface water, and stonn water that may be present, whether treated or untreated, which is contributed into or pennitted to enter any wastewater facilities. Wastewater, Domestic or Sanitary. Wastewater derived principally trom dwellings, commercial buildings, industries, institutions, and the like; originating as wastes trom kitchens, water closets, lavatories, bathrooms, and showers; the strength of which shall nonnally fall below the following parameters: BOD (300 mg/I); TSS (300 mg/l);TN (40 mg/l), and TP (12 mg/l). Wastewater Facilities, All facilities required for the collection, transmission, treatment, and disposal of wastewater. Wastewater Facilities, Collection, A system oflaterals, pipes, and manholes used to collect wastewater and convey it by gravity to a pumping station, Wastewater Facilities, Low Pressure, A network of small diameter pipelines which convey wastewater, under low pressure, to a central collection facility. The low pressure is produced by small pumps located at the individual wastewater sources. Wastewater Facilities, Pressure. A system of pipes, valves, fittings, and appurtenances used to convey wastewater under pressure from a pump station to a point of discharge. Wastewater Facilities, Private. Wastewater facilities for which the construction or operating permits are issue to other than a county or municipality. Wastewater Facilities. Public. Wastewater Facilities for which the construction or operating pennits are issue to a county or municipality. 1-8 '-" \.of ...." ~ Wastewater Facilities. Pump (Lift) Station, An above or below ground structure containing . pumps and appurtenances which pumps untreated wastewater through a wastewater pressure facility to another wastewater pressure facility, a wastewater collection facility or directly to a wastewater treatment plant. Wastewater Facilities. Service Lateral. In wastewater collection facilities a service lateral is a small pipe that branches trom a larger pipe to a Customer's property line thereby providing a point of collection into the collection facility. A lateral is normally sized four inches in diameter or larger. Wastewater Treatment Plant. Those facilities used to treat wastewater and dispose of effluent and sludge including, but not limited to clarifiers, aerators, digesters, filters, storage tanks, percolation-evaporation ponds, spray irrigation fields, direct discharge pipes, etc. Well, The physical structure, facility or device at and below the land surface trom or through which groundwater flows or is pumped trom subsurface, water-bearing formations. Wellfield. An area containing one or more wells contributing water to a public potable water system as defined by applicable environmental regulation, SECTION 3 - CUSTOMER SERVICE APPLICATION Written and signed applications for service are required and utility service will be furnished upon acceptance by the District as evidenced by written acknowledgement by the District. Submittal of an application .for service by a Customer represents the Customer's agreement that it is bound by the provisions of the UPAP, and each Customer acknowledges and agrees that the UPAP applies to each Customer as a condition to Customers initially receiving and continuing to receive utility service trom SLCU. Applications for utility service submitted by entities (firms, corporations, partnerships, associations, companies and others) (collectively, "Principals"), shall be tendered only by duly authorized representatives of the Principals ("Agents"), Submittal of an application for service by an Agent shall constitute full and complete consent by the Principal that the Principal is bound by the provisions of the UP AP, and acknowledges and agrees that the UP AP applies to the Principal as a condition to the Principal initially receiving and continuing to receive utility service trom SLCD. Extensions of utility service to a property shall be governed by the Utility Service Policy, No oral or written communications by SLCU shall vary, alter, supercede or negate the provisions of the UPAP. In the event of a conflict between an oral or written communication by SLCU and the provisions of the UP AP, the provisions of the UP AP shall prevail. MANDATORY UTILITY SERVICE/SERVICE INITIATION - NEW CUSTOMER 1. Mandatory Connection: 1-9 '-' '-' "wi :...J All properties within the SLCD established boundaries shall be required to obtain water, wastewater and reclaimed water service ITom SLCD, See Utility Connections Regulations, 2. Existing Installations: Persons requesting potable water service, reclaimed water service, and/or wastewater service to a property previously having the service should proceed as follows: a, Contact SLCU's Customer Service representatives at least three business days prior to the date the service is required and provide any necessary infonnation, including a mailing address if different ITom the service address, Except for customers who are tenants, a Customer is responsible for any outstanding fees associated with any previous Customer for the same service address, A current or previous Customer owing any outstanding fees and attempting to open a new account with SLCU shall pay the fees due prior to the new service initiation. b. Pay the Customer Deposit, with initiation of service. (See Chapter I, Section 4 for deposit infonnation,) 3. New Installations: Persons desiring the provision of potable water service, reclaimed water service, and/or wastewater service to a property not previously having the service (or in cases where the service was previously pennanently disconnected) should proceed as follows: a. Ascertain ITom SLCD that there is potable water service, reclaimed water service and/or wastewater service available within a reasonable distance to their property, b, Apply in person to SLCD for potable water, reclaimed water and/or wastewater service, and pay applicable Service Installation Fees, Connection Fees and Guaranteed Revenue Fees. When a Customer wishes to have a single master meter to serve multiple dwelling units or buildings located on multiple parcels, a Dnity of Title document must be properly executed and recorded against the property prior to receiving service trom SLCD. c. Meter(s) and potable water, reclaimed water, and/or wastewater service lines from SLCD's main to the Point of Service will be installed by SLCD along the front property line at a point detennined by SLCD. d. In the case of a drop meter, installation will generally occur within two business day of the time of application. Depending upon construction or pennitting requirements, other installations may take four weeks or longer ITom time of application. e. The Customer is responsible to connect his plumbing to the Point of Service at his cost and to disconnect his well from his potable water system (well may be retained for irrigation purposes as long as there is no physical connection to SLCD's potable water system). SLCD must witness the disconnection of the well from the Customer's potable water lines, A copy of the Building Department pennit to abandon the on-site wastewater disposal system must be provided to SLCD prior to service initiation, f. The Customer is responsible for connecting his irrigation system and back flow prevention device to SLCD's reclaimed water service connection at the Point of Service at his cost and to disconnect his current irrigation source. SLCD approval of the installation is required prior to commencement of reclaimed water service, WITHHOLDING OF SERVICE Except as may be otherwise provided by law, SLCD may withhold or discontinue service until all past-due amounts which are owed and unpaid to SLCD have been paid in full. In the event SLCD discovers private facilities adversely affecting SLCD facilities, service may also be withheld until 1-10 '-' '-" ..., ...J such situation is corrected, In general, and unless otherwise stated herein, ten (10) days notification of proposed tennination will be provided to allow the Customer adequate time to respond and correct such deficiency unless more immediate action is justified in the interest of public health, safety or welfare. SERVICE REACTIVATION Reactivation of service to a Customer will be completed within three business day after request and satisfaction of all past-due amounts which are owing and unpaid to SLCD at that service address by that Customer and payment of an Account Reactivation Fee, Service Reactivation may be perfonned on a "promise to pay" basis as long as said payment is made within five business days. If said promise is broken, an additional Account Reactivation Fee and all delinquent amounts shaIl be paid prior to reactivation. Customer Service representatives perfonn scheduled turn-ons until 5:00 p.m. each business day. BASE FACILITY FEE. COMMODITY FEE AND CUSTOMER ACCOUNT FEE FOR SERVICE Upon Service Activation, the Customer will be billed and is obligated to pay minimum monthly fees for service availability, whether or not consumption has occurred, The minimum monthly fees, identified as Base Facility fees and Customer Account fees for billing purposes, are necessary to recover the ongoing expenses required to keep service available to the property. Accordingly, upon discontinuance of service to a property, these minimum monthly fees will continue to accrue, The Customer will also be billed and is obligated to pay monthly Commodity fees for the amount of utility service consumed. TAX CLAUSE Rates and charges may be increased or a surcharge added in the amount of the applicable proportionate part of any taxes and assessments imposed by any governmental authority in excess of those in effect after the approval of this rule which are assessed on a basis of meters or customers or the price of or revenues ITom water and/or wastewater service sold. LIMITATION OF USE Utility service purchased from SLCU shall be used by the Customer only, and the Customer shall not sell or otherwise dispose of such service supplied by SLCD. In no case shall Customer, except with the written consent of SLCD, extend his connection across a street, alley, lane, court, property line, avenue or other way, in order to furnish utilities service for adjacent property, even if such adjacent property is owned by him (in these cases, a properly executed and recorded Dnity of Title will be required). A Customer receiving potable water service ITom SLCD: . shall restrict the use of a private weIl to irrigation only . shall not interconnect the potable water plumbing system with any other water supply system A Customer receiving wastewater service from SLCD shall not interconnect his/her internal wastewater plumbing system with any other private water supply system (i.e., private irrigation well, stonn drainage system, reclaimed water system). In case of such unauthorized extension, re-metering, sale or disposition of service, said Customer's service is subject to immediate discontinuance until said service is properly authorized by SLCD 1-11 '- '-' ...,.¡ -...J and full payment is made for prior service calculated using the proper classification and rate schedules. CONTINUITY OF SERVICE SLCD shall not be liable to the Customer for damages, whether direct, indirect or consequential, for failure or interruption of continuous potable water, reclaimed water and/or wastewater service. SLCD shall further not be liable for damages, whether direct, indirect or consequential, for any act or omission caused directly or indirectly by labor troubles, accidents, litigation, breakdowns, shutdowns, repairs, adjustments, acts of sabotage, wars, Federal, State, Municipal or other Governmental legislation, regulation or other interference, acts of God or other causes beyond its control. CHANGE OF CUSTOMER'S INSTALLATION Changes to the Customer's service installation will be made when deemed necessary by SLCD at SLCD's expense. If requested by the Customer, or if a Customer's service installation needs to be moved due to Customer's construction (i.e., driveway), said changes will be at Customer's sole cost and expense. If the change is requested to replace an inadequate or oversized meter or service line, SLCD will have such proper sizes installed. Costs for such installation will be borne by the Customer. INDEMNIFICATION Dnder certain circumstances, field conditions may require the Customer to place facilities, structures, landscaping and/or other encroachments over, upon or across utility easements, rights-of-way or other access facilities or to seek a modification ITom SLCD's standard easement requirements. In consideration of a Customer's encroachment existing or continuing within a utility easement and to induce SLCD to allow such encroachment or to modify standard easement requirements, the Customer shall agree to indemnify and hold SLCD hannless ITom any and all damage, including but not limited to, total destruction of such encroachment that may result ITom SLCD's use of any utility easement or right-of-way. Such indemnification shall be in the form as set forth in the Indemnity Agreement, unless modified by SLCD, and shall be recorded in the Public Records of the applicable County. INSPECTION/ACCESS TO CUSTOMER'S PREMISES & INSTALLATIONS 1. All Customer's service installations or changes may be inspected by SLCD, at SLCU's sole option, upon completion of the work to insure that Customer's piping and equipment have been installed in accordance with accepted standard utility practices, Where other governmental inspection is required by local rules or codes, SLCD cannot render service until such inspection has been made and a formal notice of approval ITom the inspecting authority has been received by SLCU, 2. The duly authorized agents ofSLCU shall have access at all reasonable hours to the premises of the Customer for the purpose of installing, maintaining, repairing and inspecting or removing SLCD's property, reading meters and other purposes incident to performance under or termination of SLCU's agreement with the Customer, and in such performance shall not be liable for trespass, LIABILITIES The Customer is responsible to properly protect SLCD's facilities serving the Customer's premises, and shall permit no one but SLCD's personnel or agents, or person(s) authorized by law, to have 1-12 '- '-' -...I ...,J access to these facilities. In the event of any loss, or damage to property of SLCU caused by carelessness, neglect, abuse or misuse on the part of the Customer, the cost of making good such loss or repairing such damage shall be assessed to the Customer. POTABLE WATER. RECLAIMED WATER AND/OR WASTEWATER SERVICE AVAILABILITY Whenever potable water, reclaimed water, and/or wastewater service is available or becomes available to a property, the property owner shan connect all available services to the property if required by local, state or federal regulation. 1, Reclaimed Water System Requirements: a, Property Owner Facilities, As provided in the UEP, the Property Owner shan install and maintain an underground reclaimed water irrigation system oflow-trajectory spray heads that is controlled by electrical timers and valves. The reclaimed water supply shall not enter any building containing a dwelling unit, except in accordance with DEP rules and regulations, No above ground hose bibbs will be allowed on the reclaimed water system. All reclaimed water hose bibbs must be installed in locked boxes located below grade and must be colored and marked in accordance with DEP rules and regulations, b, Standards. The following standards shall be strictly adhered to in the design, construction and operation of an reclaimed water systems: UEP, Rule 62-610, Florida Administrative Code, as amended iÌ'om time to time, DEP rules, regulations and policies, Plumbing Code of the Southern Standard Building Code Congress International, Inc., latest edition as amended iÌ'om time to time, c, Public Notification and Signage. Adequate signs in compliance with DEP rules and regulations shall be posted throughout the reclaimed water irrigation system to infonn the public that nonpotable reclaimed water is being used for irrigation. These signs must be routinely visible to residents and guests of the Property. A minimum of one sign per Property or one sign per irrigated acre, whichever is greater, shan be posted, The signs, to be posted at the entrances to irrigated areas and at appropriate intervals, shall state, at a minimum, "Reclaimed Water Irrigation Area", "Landscaping Irrigated with Reclaimed Water", "Reclaimed Water - Do Not Drink" or similar text. Minimum height of lettering on the signs shall be one inch, Lettering shall be purple on a contrasting background. For hose bibbs, the sign shall be on the cover of the below grade box in letters at least 0.5 inch high or a purple plastic bag containing the warning language in contrasting letters that are at least 0.25 inch high shall be pennanentIy attached to the bibb inside the box, An piping, valve boxes, hose bibb boxes, and above ground fittings and valves shall be purple, d. Cross Connection, Property Owners utilizing reclaimed water shan not directly or indirectly connect their reclaimed water system to their potable water system, e, Compliance. Failure to comply with the Reclaimed Water System Requirements and all DEP reclaimed water rules and regulations shan be grounds for SLCD to discontinue water, wastewater and reclaimed water service to the Property, until the Property comes into compliance, Property Owners that do no use the minimum volume of reclaimed water during a monthly billing cycle may be assessed a minimum charge of $3,00 per thousand gallons for each thousand gallons of reclaimed water use below the minimum. 1-13 '-' \wi ...,.¡ ...J RECORDING By adoption of this Utility Service Policy, the District Board specifically authorizes the Director to record, and the Clerk of Courts, to accept for recording, all easements, rights, indemnities, deeds, liens, maintenance agreements, Unity of Title or pennits granted, acquired, or authorized pursuant to the provisions of the UP AP, RIGHTS-OF-WAY OR EASEMENTS As a condition to the provision of utility service to a Customer, the Customer shall be deemed to have granted to SLCU all rights, .easements, licenses or pennits to enter onto Customer's property, and to construct, repair, maintain, replace, remove, reconstruct, enlarge and place utility facilities on, under, through, and over Customer's property for the purpose of providing utility service to Customer's property or for the purpose of enhancing the provision of utility services to all customers (collectively, "Easement Rights"), which Easement Rights may be exercised by SLCU without further grant, approval or consent of the Customer. The Easement Rights shall be binding on the Customer and its successors and assigns. Notwithstanding the existence of such Easement Rights, in addition at SLCU's request, the Customer shall grant or cause to be granted to SLCU, and without cost to SLCU, any recordable rights or easements or permits which SLCU to further evidence SLCU's Easement Rights. Failure to grant or obtain required recordable easements shall be grounds for discontinuance of service by SLCU until such required easements are provided to SLCU, WASTEWATER BACKUP Most wastewater backups are caused by plugging of the Customer's service line by deleterious objects such as tree roots which have grown into the service line, The following procedures will apply: 1, SLCU will respond and investigate the cause ofthe backup, clearing the SLCU's wastewater line obstructions, if any, up to the Point of Service. 2. If SLCU's wastewater line is clear, SLCU will so advise the Customer, and the Customer will be responsible for any work required on the Customer's side of the Point of Service. UNAUTHORIZED CONNECTION (TAMPERING) Florida Statutes, Section 812.14, states: 812.14 Trespass and larceny with relation to utility flXtures.-- (1) As used in this section, "utility" includes any person, firm, corporation, association, or political subdivision, whether private, municipal, county, or cooperative, which is engaged in the sale, generation, provision, or delivery of gas, electricity, heat, water, oil, sewer service, telephone service, telegraph service, radio service, or telecommunication service. (2) It is unlawful to: (a) Willfully alter, tamper with, injure, or knowingly suffer to be injured any meter, meter seal, pipe, conduit, wire, line, cable, transformer, amplifier, or other apparatus or device belonging to a utility line service in such a manner as to cause loss or damage or to prevent any meter installed for registering electricity, gas, or water from registering the quantity which otherwise would pass through the same; or to 1-14 '-'" '-' ""'" 'wtIÍ alter the index or break the seal of any such meter; or in any way to hinder or interfere with the proper action or just registration of any such meter or device; or knowingly to use, waste, or suffer the waste, by any means, of electricity or gas or water passing through any such meter, wire, pipe, or fitting, or other appliance or appurtenance connected with or belonging to any such utility, after such meter, wire, pipe or fitting, or other appliance or appurtenance has been tampered with, injured, or altered. (b) Make or cause to be made any connection with any wire, main, service pipe or other pipes, appliance, or appurtenance in such manner as to use, without the consent of the utility, any service or any electricity, gas, or water, or to cause to be supplied any service or electricity, gas, or water from a utility to any person, firm, or corporation or any lamp, burner, orifice, faucet, or other outlet whatsoever, without such service being reported for payment or such electricity, gas, or water passing through a meter provided by the utility and used for measuring and registering the quantity of electricity, gas, or water passing through the same, ( c) Use or receive the direct benefit from the use of a utility knowing, or under such circumstances as would induce a reasonable person to believe, that such direct benefits have resulted from any tampering with, altering of, or injury to any connection, wire, conductor, meter, pipe, conduit, line, cable, transformer, amplifier, or other apparatus or device owned, operated, or controlled by such utility, for the purpose of avoiding payment. (3) The presence on property in the actual possession of a person of any device or alteration which affects the diversion or use of the services of a utility so as to avoid the registration of such use by or on a meter installed by the utility or so as to otherwise avoid the reporting of use of such service for payment shall be prima facie evidence of the violation of this section by such person; however, this presumption shall not apply unless: (a) The presence of such a device or alteration can be attributed only to a deliberate act in furtherance of an intent to avoid payment for utility services; (b) The person charged has received the direct benefit of the reduction of the cost of such utility services; and (c) The customer or recipient of the utility services has received the direct benefit of such utility service for at least one full billing cycle. (4) Any person who willfully violates this section shall be guilty of a misdemeanor of the first degree, punishable as provided in s.775.082 or s,775.083. (5) Whoever is found in a civil action to have violated the provisions hereof shall be liable to the utility involved in an amount equal to 3 times the amount of services unlawfully obtained or $1,000, whichever is greater, (6) Nothing in this act shall be construed to apply to licensed and certified electrical contractors while performing usual and ordinary service in accordance with recognized standards, 1-15 '-' """ "w1I ....,J As set forth above, SLCD will prosecute violations of Section 812.14, Florida Statutes, will bring civil actions to enforce violations of Section 812,14. In addition, the violation of Section 812.14" Florida Statutes, shall be considered a breach of the customers service agreement with SLCD, and will subject violators to breach of contract enforcement actions by SLCD. Any violations of Section 812,14, Florida Statutes is subject to immediate discontinuance of service without notice, and service will not be restored until all fees and charges for repair to SLCD's facilities and for utility service unlawfully appropriated, including base charges and commodity charges, have been paid in full and proper connection is accomplished and charges for same paid in full. Such violation shall further subject the Customer to all delinquent account procedures. SLCD shall estimate the amount of utility service that has been unlawfully appropriated, which estimate shall be final and binding on the Customer. Administrative fees will also be assessed to the violator for the costs incurred by SLCD in discovering, remedying and enforcing a violation, including, but not limited to, attorneys' fees, para- professional fees, expert fees and costs, through all levels of appeal. 1-16 \...If '-' 'wJI ....J SECTION 4 - BILLING GENERAL 1. Account Devosit Policy Each new Customer, unless specifically exempted as provided for herein below, shall be required to place on deposit with SLCD an initial Account Deposit. The Account Deposit is intended as security for payment of any bill and is refundable to the Customer, less final fees, as stated herein, The Account Deposit will be billed upon Service Activation. Payment of a Deposit does not prevent SLCD :!Tom discontinuing service for non-payment of a past due balance even though the deposit would cover the indebtedness. 2, Residential Deposit Requirement: a, An Account Deposit shall be required for each dwelling unit. Multi-family units utilizing a master meter shall pay the account deposit for a 5/8" x 3/4" meter times the number of dwelling units. Single residential Customers utilizing an over-size meter shall be required to place an Account Deposit based upon meter size. b. For residential developments/associations using master meters, if the Account Deposit is at least $2,500, said deposit may be paid in the fonn of a clean, irrevocable letter of credit, valid for a period of 24 months, drawn on a bank in favor of SLCD. If at any time the Account Deposit due SLCD exceeds the face value of the letter of credit, the letter shall be amended to an amount not less than the deposits due. Such letter of credit must be renewed annually for a like period at least 30 days prior to expiration until such time as the Deposit refund requirements are met. No interest will be paid on a letter of credit, but SLCD will release the letter under the same criteria as listed in the Account Deposit refund, 3. Non-residential Deposit Requirement: The amount of the Account Deposit shall be based upon meter size. 4, Existing Account Deposits: In the event of an increase in the Account Deposit requirements, existing Customers shall not be required to increase their account deposit unless. the account has been finaled and the account deposit used, in part or in full, for the satisfactIon of outstanding amounts due. 5, Exceptions: Agencies of the federal, state or local government are exempt úom account deposits. Charitable and quasi-governmental agencies are required to have an account deposit. 6. Interest Earned on Deposit: SLCD's policy is to require Account Deposits on all residential and non-residential accounts, Interest will be paid on Account Deposits at the rate of interest earned by SLCD on such deposits. 1-17 '- '- "'" ..." 7. Deposit Refund: SLCU may, at the end of twenty-four (24) months of good account history, and at the request ofa Customer, credit the Account Deposit to the respective account or release a letter of credit. Good account history is defined as: a. Not more than one past due notice in any 24 month period. b, No involuntary discontinuance of service in any 24 month period, c. No ~collectible items in any 24 month period~ 8, Account Deposit Transfer: An Account Deposit will not be transferred for the same Customer to a new service address but will be applied to the final bill, and a refund check issued for the balance of the deposit. In the event a Customer with good account history, as defined above, moves ITom one service location to another within SLCU's service area, a new Customer Deposit will not be required. The Account Deposit may be transferred ITom one Customer to another upon receipt of written authorization signed aI}d notarized by both the original Customer and the new Customer for potable water, reclaimed water and/or wastewater service to the same service address. 9. Transfer of Service: Utility Service may be transferred ITom one Customer to another upon request of cither the outgoing or new Customer. In the absence of a request for transfer of service, the water service will be locked off on the date requested by the outgoing Customer. Base Facility Fees and Customer Account Fees will continue to accrue and are the responsibility of and be billed to the Property Owner. An Account Reactivation Fee will be billed when said service is reactivated and the meter is unlocked, SLCU reserves the right to obtain owner information ITom either the Property Appraiser's file or other reliable sources for the purpose of complying with the billing requirements of Chapter 1, Section 3E, Base Facility Fees for Service Availability. The date of account transfer will be the date SLCU confirms ownership pursuant to the provisions of this paragraph, 10. Rental Property: Property Owners for rental properties where the renters are customers of the SLCU shall not be responsible for Customer billings of their renters. As a condition for SLCU to agree to provide utility service to renters of rental properties, rental property Property Owners' agree and acknowledge that the Property Owners shall be responsible for all Customer billings for the period of time between when one renter vacates the rental property and another renter applies for utility service at the rental property. Property Owners shall be responsible for immediately notifYing SLCU and certifYing the date when a renter vacates a rental property. Pursuant to the provisions of law, SLCU shall not refuse services, or discontinue potable water, reclaimed water or wastewater services to the owner of any rental unit for non-payment of service fees incurred by a former renter of the rental unit who was a Customer ofSLCU, and any unpaid service charges incurred by such former occupant shall not be the basis for any lien against the rental property, 11, Mobile Homes: 1-18 '-' "",. ....", ...., Where service is being provided to a leased lot in a mobile home park, the owner of the mobile home is responsible for the monthly billing, including the Customer Account Fees and Base Facility Fees, BILLING CYCLE A billing cycle shall consist of approximately one month dependent upon weather, holidays, access to meters, work force availability, etc. All meters will be read on a monthy basis with billing perfonned on a montWy basis. A utility bill will be mailed to the Customer approximately every month. SLCU must receive payment by the bill due date to insure proper credit to the account prior to the next bill, Non-payment prior to the beginning of the next billing period shall result in the unpaid amount being carried forward as a past-due balance. Bills will be rendered monthly and shall be considered as received by the Customer when mailed to their service or mailing address, as requested by the Customer. Non- receipt of bills by the Customer does not release nor diminish the obligation of the Customer with respect to payment thereof. Transactions received after 1 :45 p.m. are considered as having been received the next business day. All accounts shall be billed Customer Account and Base Facility Fees on a monthly basis, irrespective of actual usage, to compensate SLCU for the fixed and non-variable costs of operating the Utility and maintaining readiness to serve the Customer. DELINOUENT ACCOUNTS A Customer who has not paid any month's bill and whose subsequent month's bill shows a past-due balance is considered delinquent and will incur past-due fees. SLCU may administratively waive one past-due fee during any twelve-month period for anyone Customer Account. A past-due balance consists of the previous bill balance less credit adjustments and payments. Payment of the past-due balance must be received at SLCU's office within ten (10) business days of the current statement date shown on the Customer's Utility bill or service will be terminated. Restoration of service to a Customer following service termination may be completed within three business day after satisfaction of the past-due balance including late fees which is owing and unpaid to SLCU at that service address by that Customer, An Account Reactivation Fee will be applied to the Customer's next bill. SLCU may also restore service on a "Promise to Pay" basis up to two times in any twelve month period. If the Customer fails to deliver funds on a "Promise to Pay" within five business days, said service will be discontinued and the Customer will not be eligible for an additional "Promise to Pay" for 24 months, If not paid within an additional five (5) days, the account may be closed using any account deposit, if available, for full or partial payment. Any subsequent service to the same service address will be considered a new account and all appropriate fees will apply. SLCU will pursue any reasonable and necessary credit and collection procedures as a result of the Customer's non-payment of the account balance, including utilization of Credit Bureau services and credit and collection agencies, Should wastewater only service need to be terminated due to the Customer's non-payment, SLCU will endeavor to advise the Customer in writing at least ten (10) days in advance of such proposed service termination. SLCU shall, after the expiration of such ten (10) day period, make such tennination on SLCU's side of the Point of Service, Reconnection to the system will be at 1-19 ~ '-' ....,; 'WI Customer's expense for all costs incurred ("At Cost" basis). This section is in addition to all rights of tennination provided to SLCD under applicable law. SLCD will diligently enforce and collect all fees and will utilize reasonable collection practices. In hardship cases, SLCD may provide a Customer with a payment plan (limited to one plan every 12 months) which allows the Customer to pay his delinquent account balance evenly over the next three months on an interest free basis. In cases where the Customer fails to abide by the tenns of said payment plan, the Customer's utility service shall be immediately discontinued until all delinquent amounts are paid in full, The Customer shall also not be eligible for additional payment plans for a 24-month period. DISHONORED CHECKS The District's receipt of a check or bank draft is considered to be a conditional payment until it is honored by the drawer's bank, If a check or bank draft fails to clear the drawer's bank for any reason, it is considered a non-payment. Payment of delinquent accounts by a check failing to clear will result in immediate discontinuance of service without notice to the Customer, When SLCD receives notice of a dishonored check, the transaction will be reversed and a dishonored check fee, a past due fee, and accrued interest will be applied to the Customer's account. If a Customer has more than one dishonored check in any previous twenty-four (24) month period, the Customer will be required to make subsequent payments in cash, money order, bank draft, or certified funds for a period not less than twcnty-four (24) months at which time check privileges will be reinstated. PARTIAL PAYMENTS Payments received for monthly Customer billings shall be applied by SLCD in the following manner: (1) Deferred Payment Plan (2) Wastewater service (3) Reclaimed Water service (4) Potable Water service. When payment has not been received in full, service may be refused and/or terminated, Service will not be reactivated on the basis of partial payment when service has been tem1inated U1Ùess arrangements have been made with SLCD in advance, TERMINATION LIABILITY There shall be no liability of any kind against SLCD for service termination due to the Customer's failure to pay any bill in full and on time, ADMINISTRATIVE HEARINGS }, Administrative Hearing Board. The AHB has the power to hear and review disputes relating to the correctness of utility bills, the imposition of utility fees, and challenges to termination of service, 2. Composition, The AHB shall be composed of three (3) members to be appointed by SLCD, one of whom shall be designated as Chair of the AHB. The Director may designate or appoint a SLCD staff member to serve as an alternate member of the AHB. The alternate member shall vote only in the absence of a regular member. 3, Standard of Review, The Customer/applicant shall have the burden of providing evidence that he or she is entitled to relief. The AHB shall have no authority to alter or waive the utility fees approved by SLCD, 4. Procedure to Request Hearings, 1-20 '-" ~ ..., ..,J a, A Customer/applicant may request a hearing before the AHB by submitting a request for hearing on a form provided by SLCU within five (5) business days of termination of service or within six (6) months of the due date of the contested bill, The request for hearing shall be accompanied by the appropriate Administrative Hearing Fee. b, Upon receipt of the request for hearing, SLCU shall set a time, date, and place for the hearing, SLCU will schedule the hearings during the normal Business Hours of SLCU. SLCU shall provide the Customer/applicant written notice of the time, date and place of the hearing by certified mail, return receipt requested, no later than ten (10) days prior to the date of the hearing. Failure of the Customer/applicant to appear at a duly noticed hearing shall be deemed a waiver of the right to a hearing and the case shall be dismissed by the AHB. In the event the Customer/applicant is unable to attend the hearing in person, the Customer/applicant may: A) Request that his case be heard by telephone; or B) Submit a written statement in the form of an affidavit and provide documentary evidence prior to the hearing which shall be submitted into evidence by SLCD staff at the hearing and shall be considered by the AHB in reaching its decision. The Customer/applicant shall also be entitled to one (1) hearing postponement ifthe Customer/applicant submits a request for postponement in writing to SLCU a minimum of forty eight (48) hours prior to the hearing. 5. Conduct of Hearings a. Order of Hearings. 1. SLCD may schedule multiple cases to be heard by the AHB on the same day. 2. All persons who will be giving testimony at the hearing, including the Customer/applicant and SLCU staff, shall be sworn in by a Notary Public. 3, The Chair of the AHB may introduce the AHB members and provide a brief background of the hearing process at the beginning of the meeting. 4. The Customer/applicant shall present his case, which may include submission of evidence and testimony of witnesses. 5. SLCU staff shall present SLCD's case. 6, Cross-examination of witnesses. 7. Discussion/question and answer period. 8. Deliberation and formal determination. b. Record of Proceedings, Hearings shall be tape recorded by SLCU. All evidence admitted at the hearing and the written decision of the AHB shall be maintained by SLCU in a separate file constituting the record of the case. 1-21 '-" 'w ...tI """'" c. Rules of Evidence. The formal rules of evidence do not apply, but fundamental due process shall be observed. The Chair of the ARB may exclude testimony or evidence that he or she finds to be irrelevant, immaterial, or unduly repetitious, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in trial in the courts of Florida, d. Cross-examination. The ARB may inquire of or question any witness present at the hearing. The Customer/applicant and SLCU staff shall also be permitted to inquire of or question any witness present at the hearing. e, Decision of the AHB. The AHB shall orally render its decision based on the testimony and evidence presented at the hearing at the conclusion of the hearing. The Board's objective is to resolve each dispute by rendering a decision which is just and equitable to both the Customer/applicant and SLCU. The AHB may apply the Excessive Usage Credit, as defined in Section J herein, to eligible Customers. High utility bills which result from an apparent or deliberate act of the Customer/applicant shall not be considered grounds for relief. In addition, an inability or unwillingness to pay as a consequence of permanent or temporary financial hardship of the Customer/applicant shall not be considered grounds for the reduction of a utility bill or fee; however, the AHB may establish a payment plan which provides for required payments on an interest tree basis for a period up to three (3) years, The written decision of the AHB shall be mailed to the Customer/applicant within thirty (30) calendar days ofthe hearing. f, Final Action. The decision of the ARB shall constitute the final decision of SLCU and the County, 6. Open Deliberations, Hearings before the AHB are public meetings and shall be open to the public at all times. The AHB shall conduct its deliberations and vote on all matters before it at the public meeting. 7. Ex Parte Communications, An ex parte communication is any written or oral communication with an AHB member other than one made on the record at the time of the hearing. AHB members should not 'engage in ex parte communications regarding any issue which may be heard by the AHB. If a written communication is received by an AHB member concerning an application or a pending case, the communication shall be disclosed and made part of the record prior to the final action on the matter. 8. Appeal. Any aggrieved party may appeal a decision of the ARB within thirty (30) days of the execution of the written order/decision of the ARB by filing a petition for Writ of Certiorari in the Circuit Court. 1-22 '-' '-' .,¡ """" ADJUSTMENT OF BILL FOR METER ERROR A Customer may request a meter calibration subject to applicable fees. In meter tests made by SLCU, the accuracy of the meter and its performance in service shall be judged by its average error rate. The average meter error shall be considered to be the average of the errors at the test rate flows in accordance with the American Waterworks Association (A WW A) standards. Fast Meter - Whenever a meter tested is found to register fast in excess of the tolerance provided in the A WW A standards, SLCU shall credit the Customer's account in the amount billed in error for the period since the last test; said period not to exceed six (6) months except that if it can be shown that error was due to some cause, the date of which can be fixed, The over charge shall be computed back to but not beyond such date, The credit shall be exclusive of any minimum fee. Slow meter - Whenever a meter tested is found to register slow in excess of the tolerance provided in the A WW A standards, SLCU will not back bill the Customer for the lost revenue unless it can shown that the customer tampered with the water meter. Non-Registering Meter - In the event of a non-registering meter, the Customer may be billed on an estimated basis on similar usage. ACCOUNT ADJUSTMENT FOR BILLING ERROR SLCU will provide Customer account adjustments for the services which were billed but were not provided to the Customer. Said account adjustments will not exceed twelve (12) months and will be further limited to the current Customer's account. SLCU will also provide Customer account adjustments for services which were provided but were not billed to the Customer, Said account adjustments will not exceed twelve (12) months except where SLCU detennines that the account adjustment was jointly or solely caused by the Customer, In instances where SLCU finds cause, said account adjustments will be made fTom the date the services were first provided but not billed, In either event, the account adjustments will be limited to the current Customer's account. EXCESSIVE USAGE CREDIT To avoid the expense of an administrative hearing regarding a.disputed abnormally high utility bill, an Excessive Usage Credit may be provided by SLCU at the Customer's request for Customers meeting the following criteria: 1. The abnormally high usage for anyone month where an actual meter reading is obtained is four times the Customer's average monthly usage for the past twelve months; and 2, The total usage on the Customer's bill in question exceeds 10,000 gallons; and 3. The abnormally high usage is not the result of an apparent or deliberate act of the Customer; and 4. The excessive usage credit is limited to one time within a three-year period on a specific account. The Excessive Usage Credit for residential Customers is calculated by multiplying the residential Customer's excessive consumption (consumption which exceeds the Customer's twelve month average with a 10,000 gallon minimum) by $2,00 per thousand gallons. The 1-23 ~ '-' ....,; ..,; excessive usage credit adjustment for commercial Customer's is calculated by multiplying the commercial Customer's excessive consumption (consumption which exceeds the Customer's twelve month average with a 10,000 gallon minimum) by $1.00 per thousand gallons. TEMPORARY DISCONNECT A temporary disconnect will be honored if the Customer so requests, but said Customer will be billed and must pay on a monthly basis Customer Account and Base Facility Fees. In addition, an account reactivation fee will be assessed when full service is restored. PERMANENT DISCONNECT A contractual relationship is understood to exist wherein SLCU is required to provide, operate and maintain the extensive facilities to serve the Customer, on demand, and the Customer, in turn, is required to pay certain initial fees and minimum monthly fees to help maintain a viable potable water, reclaimed water and/or wastewater system. A Property Owner may elect to relinquish this right to such capacity/service by releasing the SLCU from its obligation to provide such capacity/service by notifYing SLCU, in writing utilizing the "Request for Penn anent Disconnect Fonn," of his intention to pennanently disconnect from SLCU's System(s), In the event that the Property Owner or a successor Property Owner desires utility service at the property where service was pennanently disconnected, the Property Owner shall be required to either pay new connection fees and guaranteed revenue fees for such service, or to pay the minimum monthly fees that have accrued from the date of pennanent disconnect to the date of new service request, whichever is less. LIEN FOR SERVICES SLCU shall have a lien on all lands and premises served or to be served by SLCU's utility system for all rates, fees, charges and costs attributable to service to such lands and premises or arising out of a duty or liability imposed by the USP and UEP until paid. Such licns, when delinquent for more than 20 days, may be foreclosed by SLCU in the manner provided by the laws of Florida for the foreclosure of mortgages on real property, and as provided below. LIEN FORECLOSURE PROCEDURE As provided above, SLCU has a lien for all rates, fees and charges until paid. SLCU may cause a Notice of Lien for all unpaid amounts and subsequent accruing unpaid amounts, including but not limited to interest, attorneys fees and filing fees, to be recorded against the parcel of property to which said utility service was provided or made available. SLCU hereby delegates the County attorney or his designee the authority to execute and record a Claim of Lien for Utility Service, related satisfactions, and releases of invalid or inappropriately filed liens in the Office of the Clerk of the Circuit Court for each applicable County. Said Claim of Lien for Utility Service shall contain the current amount of the delinquent fees or rates including monthly Base Facility Fees which continue to accrue in order to maintain service availability to the property; the name of the property owner as indicated by the real property assessment roll maintained by the Property Appraiser of each applicable County; and, a legal description of the real property against which the lien is imposed. The lien shall, upon recording, constitute notice to all existing and subsequent parties-in-interest that such fees are due, 1-24 '-' '"'" ...,.¡ ""'" STATUS AND ENFORCEMENT OF LIENS Any lien filed pursuant to the provisions of the UP AP shall be considered to the same extent and character as a lien for a special assessment. Until fully paid and discharged, said fees, late fees, and interest accrued thereon shall be, remain, and constitute a special assessment lien equal in rank and dignity with the liens of county ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved. Said liens may be enforced and satisfied by SLCU, pursuant to the foreclosure provisions of Chapter 173, Florida Statutes, as it may be amended from time to time, or by any other method pennitted by law. The lien provided for herein shall not be deemed to be in lieu of any other legal remedies for payment available to SLCU, including but not limited to suspension and tennination of water service. Said lien may be foreclosed or otherwise enforced by SLCU by action or suit in equity as for the foreclosure of a mortgage on real property and shall be considered to the same extent and character as a lien for special assessment. CROSSED SERVICE LINES/INCORRECT BILLINGS In the event that Customers cross potable water service lines on private property which leads SLCU to obtain incorrect readings, SLCU will assume no liability for repaying or collecting monies due from the affected parties. SLCU, however, reserves the right to adjust the bills of the affected parties, SECTION 5 - METERS ALL POTABLE WATER AND RECLAIMED WATER THROUGH METERS Meters are required on all potable water and reclaimed water service connections irrespective of the size or nature of service, No property shall have access to or use of potable or reclaimed water without delivery through a meter. Meter sizes are 5/8" x 3/4", I'" I 1/2", 2", 3", 4", 6" and larger as necessary. Various rates and fees, including user-fees, are dependent upon meter size, It is the responsibility of the Customer to select the meter size that is appropriate for his expected demand, SLCU will advise Customers regarding meter selection, However, SLCU reserves the right to over-rule the Customer's selection if that selection is not compatible with reasonable expectations of service demand for the connection. Duplex or similar meter schemes (two one-inch meters in lieu of one two-inch meter) will not be pennitted. In general, differing types of uses (i,e., residential, commercial, multi-family) shall require separate meters. A separate water meter, however, is not required for laundry facilities serving only on-site multi-family tenants through a master-metered connection, METERS - PROPERTY OF SLCU All potable water, reclaimed water and/or wastewater meters shall be furnished and installed by and remain the property ofSLCU and shall be accessible to and subject to its control. The Customer shall provide meter space to SLCU at a suitable and readily accessible location and when necessary, within or on the premises to be served, with adequate space for installations, operation, maintenance and testing. 1-25 "'" '-' ...,.¡ """'" CONNECTIONS TO BE MADE BY SLCU Connections to SLCD's potable water, reclaimed water and/or wastewater system for any purpose whatsoever are to be made only by employees of or as authorized by SLCU, Unauthorized connections render the service subject to immediate tennination without notice and service will not be restored until such unauthorized connections have been removed and payment is made in full for all service, including appropriate service fees, and any applicable fees. METER ACCURACY REQUIREMENTS All meters used for measuring quantities of potable water or reclaimed water delivered to or wastewater received ftom the Customer are to be in good mechanical condition and are to be appropriate in size and design for the type of service which they measure, Before being installed for the use of any Customer, every water meter, whether new, repaired or removed ftom service for any cause, shall be adjusted to register within the accuracy limits as specified in the A WW A standards for that meter. The potable water, reclaimed water and/or wastewater service rendered by SLCD, as measured by metering devices, shall be prima facie evidence of the quantity of water used by the Customer. INACCESSIBLE OR DAMAGED METERS When a meter becomes inaccessible to read/maintain due to a Customer's actions, SLCU will advise the Customer in writing (certified mail, return receipt requested) and provide not less than 30 days to allow the Customer to correct the situation. SLCU will take action to correct the problem or discontinue service upon failure to comply. All costs accrued for work perfonned will be charged to the Customer. CONSTRUCTION WATER METERS All potable water used for construction purposes or any other approved purpose on a project must pass through a meter with an approved backflow prevention device which is installed on a fire hydrant. SLCD will install construction meters on specific hydrants and the Customer will be billed for all appropriate fees, The installed meter shall not remain in service at anyone location for more than two years. Construction meters may only be moved by SLCU personnel. Construction meters to be placed on new fire hydrants will not be installed until a "construction only release" is obtain ftom the Health Unit. The water through construction meters shall be considered non-potable and shall not be used for drinking or consumption purposes, "Construction water" may be used for non- potable applications such as temporary irrigation, testing of internal plumbing systems, flushing toilets in model homes, construction and/or sales trailers, The Developer shall post "Non-Potable Water - Do Not Drink" signs at all water outlets served with construction water. No connection or guaranteed revenue fees are required for construction meters. PORTABLE METERS Portable fire hydrant meters will be provided for mobile users when deemed appropriate by SLCD. It is the responsibility of the Customer to provide SLCU with an initial and annual RPZ test and maintenance report, The Customer shall also present to SLCD the portable meter for reading on a quarterly basis to detennine current consumption, If the meter is not brought in for reading or SLCD's RPZ requirements are violated, as set forth in this USP, the portable meter will be retrieved by SLCU, the Customer's deposit will be forfeited, and their request for an additional portable meter will be denied. SLCU will estimate consumption for the months when the meter is not brought in for a reading and the Customer will be billed at the minimum specified estimate for that meter size, 1-26 ~ '-" ...,.¡ .."", POTABLE WATER IRRIGATION AND FOUNTAIN METERS The use of potable water provided by SLCU for irrigation purposes is discouraged as being wasteful of a quality resource. As a disincentive to such use, SLCU will not accept requests and will not install meters intended solely for such use, If the Customer chooses to irrigate with potable water, the Customer may do so through his main source meter and pay all commodity fees as appropriate for usage through that meter, If a Customer chooses to install a fountain meter, all current fees will apply at the non-residential, water-only rate, Potable water shall not be used for irrigation purposes when reclaimed water service is available and when connection to the reclaimed water distribution system is mandatory. SALES TRAILERSIMODELS OR CONSTRUCTION TRAILERS The installation of a temporary meter shall be considered on a case by case basis and at the discretion of SLCU. Two situations may apply: 1. Temporary Meter/Temporary Use: a. The applicant shall pay all applicable non-residential fees (water and wastewater connection fees, guaranteed revenue and installation fees), b, Prepaid connections shall not be utilized. c, All fees paid are non-refundable, d. Credit for this installation will not be allowed toward other service installations. Upon termination of temporary use, the meter and box is to be removed, the account closed and the service line deactivated, removed or abandoned in its place as directed by SLCU. 2. Permanent Meter/Temporary Use: a. The applicant shan pay all applicable non-residential fees (water and wastewater connection fees, guaranteed revenue and installation fees). b, Prepaid connections shall be allowed and will be deducted according to anticipated future use. The difference in costs between future use and temporary use shall be paid at service' initiation. c. The Customer is responsible for notifYing SLCU when the use has converted to residential. All temporary wastewater service lines shall be removed or abandoned at the discretion of SLCU. SLCU may require that construction plans be prepared to reflect all necessary improvements, Plan Review and Inspection fees may apply, 1-27 ~, ~ . . '-' '-' ....,; ....., ST. LUCIE COUNTY WATER AND SEWER UTILITY DISTRICT UTILITY EXTENSION POLICY / '-" '-' ....,; .." SECTION 1 - EXTENSION OF SERVICE This Utility Extension Policy (''UEP'') is part of the St. Lucie County Water and Sewer Utility District (the "District") Utility Policies and Procedures ("UP AP"), which includes the Utility Service Policy ("USP"), the Utility Connections Regulations ("UCR"), and other policies and procedures adopted by the Board of County Conunissioners ("District Board") of St. Lucie County, as may be amended from time to time, The provisions of the UP AP and terms as defined in the UP AP are incorporated in this UEP by reference. In addition, the provisions of the St. Lucie County Public Utility Connections Regulations adopted by the District Board, as may be amended from time to time, is incorporated in this UEP by reference and shall be binding on all Property Owners. A. STANDARD DEVELOPMENT AGREEMENTS A Property Owner seeking to obtain infoOllation about the availability of utility service from the District for developments may request a Utility Service Availability Status Letter from the Utility Director, This Utility Service Availability Status Letter is intended to provide a non binding statement of the current status of utility service availability in areas of St. Lucie County served by the District. If a Property Owner seeks to obtain a conunitment from the District to provide utility service, the Property Owner shall be required to execute, as applicable: · Standard Potable Water and/or Wastewater Development Agreement (SDA) · Standard Reclaimed Water Development Agreement (SRWDA) All provisions ofthe SDAs, SRWDAs, and Exhibits included herein are made a part of this facilities extension policy and are adopted as standard foOlls for use by the District. The SDA and SRWDA (hereinafter collectively referred to as "SDA" unless specifically set forth) are hereby adopted as the Facilities Extension Agreements of the District. Execution of an SDA or SRWDA by a Property Owner does not confer nor grant any land use or zoning approvals for the Property, nor does it assure or guarantee a Property Owner that the Property Owner has or will be able to obtain land use or zoning approvals for or be able to construct on the Property the number of ERC's for which a Property Owner has voluntarily elected to reserve utility capacity under an SDA or SRWDA. 1. General While the District may administratively process development approval of a project pending District Board or its designee's approval of the SDA, there is no contract for service availability until the District Board approves the SDA and it is executed on behalf of the District. By entering into an SDA, the Property Owner identifies the anticipated system capacity needs in accordance with the SDA as limited by the final the District approved development plan, It is incumbent upon the Property Owner to enter into an applicable SDA for the necessary capacity required for the Property Owner's project. Property Owners shall be required to connect to the reclaimed water system in accordance with the provisions of the USP, Payments due upon submission of an SDA must be paid in full to obtain approval. The District shall use its best efforts to provide for the system capacity needs of a Property Owner, but the District does not guarantee to any Property Owner that capacity will be available when a Property Owner requests service availability, By entering into an SDA, the Property Owner acknowledges that the District shall not be considered in breach of the 1 'r '-' '-' ...,.¡ ~ SDA and shall not be liable for any damages, whether direct, incidental or consequential, in the event that capacity is not available when a Property Owner requests service availability or seeks to connect a unit to the utility system. 2. Specific Capacity Needs Identification Concurrent with a Property Owner's request for any development approval such as a comprehensive plan amendment, zoning matter, subdivision, site plan, construction plan or building pennit within the area served by the District, the Property Owner must identifY system capacity needs for, or must have previously identified, the number of ERCs/ERICs corresponding to the anticipated requirements of the project. Prior to SDA submittal, the Property Owner shall complete and provide to the District an ERC/ERIC data detennination sheet (see Exhibit "A"), An SDA and all corresponding ERCs run with the Property described therein and may only be assigned to subsequent owners of said property upon acknowledgement of the District (see Exhibit "M"). ERCs within an SDA may not be transferred to properties not described therein under any circumstances. No assignments will be approved by the District until all past due fees are paid. The assignment of an SDA shall not extend the tenn of the original SDA. Pre-paid connections may be assigned to subsequent owners of the same property upon acknowledgement of the District (see Exhibit "N"), Pre-paid connections controlled by a Property Owner shall not be transferred to another property unless specifically provided for in the Property Owner's development agreement. The tenns of said agreement shall govern the transfer of said pre- paid connections in addition to the rights and obligations of the corresponding agreement In all cases, at least one of the original transferors shall have a real (active participation with capital at risk) and substantial (at least 51% ownership) interest in the complete development. The Property Owner must furnish proof to the District of said real and substantial interest. If at any time during the development phase of said property the transferor ceases to maintain a real and substantial interest, said transfer shall be nullified by the District and further meter releases withheld until a new SDA is entered into and approved. In all cases, the District shall be notified in writing of said transfer and shall acknowledge same (see Exhibit "R"). For projects constructed pursuant to a SRWDA which utilize a master metered reclaimed water irrigation system serving multiple individually owned parcels, an "Assignment and Acknowledgment of Operation and Maintenance fòr the On-Site Reclaimed Water Irrigation System" (See Exhibit "L") from the Property Owner to the Homeowners Association is required prior to filing the DEP "Application For Pennission To Place A Public Access Reuse System In Operation", This Assignment shall transfer to the Homeowners Association the duties and obligations for the operation and maintenance of the reclaimed water irrigation system on the Customer's side of the Point of Service. B. GUARANTEED REVENUES Prior to connection to the the District utility system, a total of 60 months' Guaranteed Revenue Fees (which equals the monthly Base Facility Charge at the appropriate meter size for a connected customer times 60) shall be paid by the Property Owners for all Equivalent Residential Connections (ERCs) or all Equivalent Residential Irrigation Connections (ERICs) associated with any parcel of land within the area served by the District. For properties requiring an SDA, Guaranteed Revenue 2 I, \..I '-' ...,.¡ ~ Fees shall be paid in accordance with Section C herein below. For properties not requiring an SDA, Guaranteed Revenue Fees shall be paid at the time of Service Initiation. Guaranteed Revenue Fees represent certain fixed costs of the system held for future use which is not used and useful to the on-line Customers, and are charged to future users to offset the cost of preserving unused system capacity for future users until such users begin paying montWy service fees, St. Lucie County has a bulk utility service agreement with the FPUA to provide water, wastewater and reclaimed water capacity to the District. As a result, certain future users may additionally be subject to the payment of guaranteed revenue fees charged by the FPUA with respect to reserved utility capacity under the requirements ofthe FPUA instituted guaranteed revenue fee program, C. PAYMENT SCHEDULE Guaranteed Revenue Fee payments for properties requiring an SDA include: 1. Total Accrued Amount (TAA): A TAA equal to sixty (60) months' Guaranteed Revenue Fees at the then current rate per each ERC/ERIC shall be due and payable fifty percent (50%) for all ERC's reserved upon execution of the SDA and fifty percent (50%) payable upon service initiation for each ERC reserved under the SDA. 2. FPUA Amount (FPGR): At the time required by Ft. Pierce Utility Authority (FPUA) pursuant to the tenns of the Bulk Service Agreement Between FPUA and St. Lucie County, a FPGR equal to the then current rate established by FPUA shall be due and payable for each ERC/ERIC agreed to be served by FPUA under an SDA. D. CAPACITY EXPIRATION The capacity reservation provided for in SDAs and non-Standard Development Agreements shall have a term not to exceed sixty (60) months for potable water, wastewater and/or reclaimed water ftom the effective date of such agreements, Property Owners may extend the capacity reservation for unused ERCs (or ERICs) for an additional sixty (60) month tenn by entering into a Standard Development Renewal Agreement (SDRA) or non-Standard Development Renewal Agreement (non-SDRA) with the District with payment of the difference between the T AA at the time of the initial SDA and the TAA current at the time of the SDRA or non-SDRA. In the event that an SDRAlnon-SDRA is not entered into by the Property Owner within ninety (90) days after the expiration date of the initial SDA, then the Property Owner must enter into a new SDA and pay a new T AA in order to extend the capacity reservation, T AA payments made on unused, expired SDAs shall not be refimded or reapplied to additional SDAs, E. FORCE MAJEURE The performance of any obligations of the District, notwithstanding anything contained herein to the contrary, shall be postponed and suspended during such period as the performance thereof is prevented by acts of God, accidents, inclement weather and conditions arising thereftom; strikes, lockouts and other labor troubles, riot, fire, earthquake, flood, epidemic, contamination, insurrection, hostilities, war, the declaration or existence of a national emergency and conditions 3 '-' '-" ...,.¡ ..,J arising thererrom; the exercise of paramount power by the Federal Government, either through the taking of the demised premises or the imposition of regulations restricting the conduct of business herein; acts of sabotage; interference, restriction, limitation or prevention by legislation, regulations, decree, order or request of any Federal, State or local government or any instrumentality or agency thereot: including any court of competent jurisdiction; inability to secure labor or adequate supplies of materials, products or merchandise, inability to obtain permits rrom applicable regulatory agencies, inability to obtain required property rights and easements, or any other delay or contingency. SECTION 2 - CONNECTION FEES A Connection Fee shall be paid for each connection to the potable water, reclaimed water and wastewater system at the time of approval of an SDA, or if no SDA is required, at the time of Service Initiation, The Connection Fee, as amended rrom time to time by the District Board, represents the proportionate share, per ERC, of the reasonably anticipated capital cost of expanding, oversizing, acquiring or constructing water, wastewater and reclaimed water facilities where such expansion, oversizing, acquisition or construction is necessitated by the connection of new customers (or additional use by existing customers) to the existing utility facilities, for the benefit of new and not yet served customers. The District reserves the right to delay or deny connection to the District's Utility System when it is subsequently detennined that it is not economically, environmentally or technically feasible to make such connection at that time. In the instance of denial of connection, the District shall refund fees paid for each ERC for which service is denied, Connection Fees shall be indexed annually for cost of living increases at an amount of 6% per year, provided such indexing shall no longer apply once a Connection Fee has been paid to the District. SECTION 3 - FACILITIES TO BE PROVIDED BY PROPERTY OWNER A. GENERAL The District anticipates providing all master-planned off-site transmission, distribution, collection and other potable water, reclaimed water and wastewater Facilities, Off-site transmission, distribution, collection and other potable water, reclaimed water and wastewater facilities necessary to connect to the District's master planned facilities, and on-site transmission, distribution and other potable water, reclaimed water and wastewater Facilities and easements shall be provided by the Property Owner at no cost to the District pursuant to the requirements and specifications of the District. Facilities on the District's side of the Point of Connection (paC) shall be conveyed to the District by a bill of sale, rree and clear of all encumbrances, the related cost documentation, the no lien affidavit, perpetual rights-of-ways and easements for said Facilities, and the completed as-built drawings for all such Facilities prior to acceptance by the District and the initiation of service thereto, In the event that construction of certain major off-site water, wastewater and reclaimed water Facilities are necessary to provide service to a project, the Property Owner may be required to pay for the design, construction and inspection of such facilities with said design, construction and inspection to be conducted under the auspices of the District, subject to reimbursement as provided in this UEP, 4 '~ , ' \wi '-' ...,.¡ .,J In order to facilitate uti1ity service to all properties within the area served by the District, potable water mains, reclaimed water mains, wastewater gravity mains and wastewater force mains shall be extended by the Property Owner along the fun length of the road fÌ"ontage for its property obtaining said potable water, reclaimed water, and/or wastewater service. Furthermore, the District may require uti1ity line extensions through said property if an adjacent property is to be served in the future. Property Owners intending to retrofit existing irrigation systems with reclaimed water service shall only be required to extend reclaimed water mains up to the Point of Service. The costs associated with the conversion of the irrigation system and any modifications to potable water service backflow prevention devices shan be the responsibility of the Property Owner requesting reclaimed water service. B. CREDIT/REIMBURSEMENT FOR OVERSIZED FACILITIES If the potable water, reclaimed water and/or wastewater Facilities can reasonably be expected to serve other areas than those of the Property Owner, the District shall require that they be oversized and/or constructed in such a manner to faci1itate and to enable service to be provided to additional areas, As outlined herein below, the Property Owner shall be credited/reimbursed for the estimated difference in the cost of construction of oversized Faci1ities and those Facilities which he otherwise required for his own use. It is the Property Owner's responsibility to request creditlreimbursement from the District. The amount of the creditlreimbursement shall be determined by the District based upon the data that is supplied by the Property Owner's engineer, The District will make every effort to properly evaluate the "cost difference" for oversizing, but in the event of a disagreement, the decision ofthe Director will be final. There will be no creditlreimbursement for the construction of 6" potable water mains, 6" reclaimed water mains, 4" force mains or 8" wastewater gravity mains, which are the minimum standard sizes, even if these sizes exceed the Property Owner's own requirements. BI. METHOD OF CREDlT/REIMBURSEMENT The approved amount of the oversizing creditlreimbursement as calculated in Section B2 shall be applied as fonows: · For pipelines 20" and smaller, the entire amount shall be credited toward Connection Fees with any excess credits to be cash reimbursed by the District at project build-out. · For pipelines larger than 20", the Property Owner may request at the time of final acceptance of the pipeline by the District, a cash reimbursement for that portion of costs in excess of those costs associated with a 20" pipeline. The balance of the amount shall be credited toward Connection Fees, Any excess credits shall be cash reimbursed by the District at project build-out. These cash reimbursements shall only apply to projects granted connection fee credits on/or after the effective date of this Policy. 5 \wt '-' ....,; ....J There shall not be a line extension fee, a line oversizing fee, or third party reimbursement fee due [wm a third party for any connection into a Property Owner or the District constructed main/facility, the District shall not credit/reimburse any Property Owner for amounts exceeding the calculations below, Any existing projects which chose the third party reimbursement option in the prior policy will be "grandfathered in", and will still be granted a period of five years for collection fÌ"om benefiting Property Owners beginning on the date the first meter is released for the initial Property Owner's project. B2. OVERSIZE CREDIT/REIMBURSEMENT DETERMINATION The oversize credit/reimbursement shall be detennined by the difference between actual costs and estimated costs of construction as documented by the Property Owner and verified by the District, which difference shall equal the credit/reimbursement due to the Property Owner for said oversized fàcilities, C. REIMBURSEMENT FOR ADVANCE MASTER PLAN FUNDING PROGRAM In order to expedite construction of Master Plan utility facilities to provide service to a Property Owner in advance of the time when the demand for such facilities would make such construction financially feasible, a Property Owner may elect to participate in an Advance Master Plan Funding program (an "AMPF"). Upon receipt of a request to participate in an AMPF, the District shall detennine the amount of funding which the Property Owner would be required to fund ("AMPF Funding Requirement") to participate in the AMPF. The AMPF Funding shall be included as a Special Condition in the SDA to be entered into between the Property Owner and the District. The District shall reimburse a Property Owner's AMPF Funding, plus simple interest on the balance of the AMPF Funding at the rate of 5%, in accordance with the following terms, The District shall establish an AMPF Funding Reimbursement Pool ("Reimbursement Pool") on which the District shall account for all Property Owners who have participated in a particular round of AMPF funding (including the County to the extent that County has loaned the District monies to advance fund master plan utility facilities), Property Owners participating in the same AMPF shall have their AMPF Funding placed in the Pool on an equal pro rata basis. Pool reimbursements shall be made on a first in time basis, with full reimbursement being made to the first Pool in time before reimbursement begin on a second or subsequent Pools in time. The District shall reimburse AMPF Funding within a Pool by crediting the Pool with the Net Water and Sewer Connection Charges collected by the District fÌ"om Property Owners entering into SDA alter the date of establishment of the Pool (or if no SDA is required, initiating service after the date of establishment of the Pool). The tenn ''Net Water and Sewer Connection Charges" means the total Water and Sewer Connection Charges actually collected fÌ"om a Property Owner by the District with the Pool geographic boundary established by the District, less any amounts required to be paid to the Ft. Pierce Utility Authority (or other wholesale utility capacity provider to the District), and less any amount required by Utility to extend the master planned lines to such Property Owner. The District shall pay each AMPF Funding participant within the Pool a Pro Rata Share of the Net Water and Sewer Connection Charges received by the District on a quarterly basis. The tenn "Pro Rata Share" means the ratio of each AMPF Funding participant's AMPF Funding to the total amount of AMPF Funding within the Pool. For example, if the Pool had two participants, one with 6 - '-" '-" ....,; ..,.; an AMPF Funding and accrued interest of $100.00 and the second with an AMPF Funding and accrued interest of $200.00, participant one's Pro Rata Share would be 1/3 and participant two's Pro Rata Share would be 2/3. The District shall continue making reimbursement until no further balance due to AMPF Funding participants remains in the Pool. SECTION 4 - PLAN REVIEW AND CONSTRUCTION INSPECTION The District will review and approve the plans and specifications for, and will inspect the installation of all potable water, reclaimed water and/or wastewater facilities installed by Property Owner and/or Property Owner's contractors, which facilities are proposed to be transferred to the District for ownership, operation and control. Such inspection is designed to assure the District that the potable water, reclaimed water and/or wastewater facilities are installed in accordance with approved designs and are further consistent with the criteria and specifications governing the kind and quality of such installation, The District will be present at tests of component parts of the potable water, reclaimed water and/or wastewater systems for the purpose of determining that the systems, as constructed, confoOll to the District's criteria for infiltration, filtration, pressure testing, line and grade, Such tests will be perfoOlled by the Property Owner's contractor, but only under the direct inspection of the District's authorized inspector and the Property Owner's engineer, No connection to an existing the District facility shall be made except in the presence of the District's authorized inspector, The District shall charge a Construction Plan Review Fee and Inspection Fee based upon the magnitude of the project. The fees for plan' review and inspection services as set forth in this Manual are designed to defray the cost of providing said services. SECTION 5 - TRANSFER OF OWNERSHIP AND SERVICE INITIATION Prior to Service Initiation and prior to transferring ownership to the District of potable water, reclaimed water and/or wastewater Facilities, the Property Owner must obtain the applicable foOlls from the Health Department and submit same to the District for approval: I. A Certificate of Construction Completion and Request for a Letter of Clearance to Place a Public Drinking Water Facility into Service; and/or 2. A Domestic Wastewater Col1ectiorvTransmission System Certificate of Completion of Construction; and/or 3, A Domestic Wastewater Col1ectiorvTransmission System Certificate of Completion of Construction for Reclaimed Water. The District will assume operation and maintenance responsibilities of said Facilities upon signing the applicable certification(s), it being understood that the Property Owner is stil1 required to meet the District's standards and obtain final inspection and acceptance from the District. The Property Owner must fulfill a variety of prerequisites, depending upon specific project circumstances, prior to securing partial and/or full clearance from the Health Department for Service Initiation. 7 - -- - '-'" \w' 'wi ..,.¡J For projects with only one connection, the District will only permit Service Initiation on a one-time, full completion (final acceptance) basis. For projects with more than one connection, the District will authorize Service Initiation on a partial basis subject to accomplishment of prerequisites by the Property Owner. In addition to construction requirements as set forth herein, the Property Owner shall submit to the District the documents set forth in the Exhibits to this UP AP, A conditional final inspection or partial acceptance which will allow partial Service Initiation does not constitute an acknowledgment by the District that a project is complete, but rather that there remain deficiencies or other unaccomplished requisites, The District may authorize Service Initiation on a project or phase of a project on a conditional basis, dependent upon full satisfaction of all final acceptance requirements or proof of an adequate perfonnance bond (110% of construction cost), as estimated by the Property Owner's engineer and verified by the District, to cover all outstanding requisites, The District will accept a clean irrevocable letter of credit or cashier's check to cover all outstanding construction requirements, The Property Owner shall provide a warranty for the constructed potable water, reclaimed water and/or wastewater Facilities for one year (or five years in the case of lift station pump and motor assemblies) from date of Final DEP Certification. 8 - ... '-' '-' ....., .."" SECTION 6 - DEFINED MEANINGS. TERMS. AND RULES OF CONSTRUCTION A. GENERAL Division 6 includes words, terms and phrases with defined and specific uses unique to these regulations. B. RULES OF LANGUAGE CONSTRUCTION. In the construction oflanguage of these regulations, the rules set out in Division 6 shall be observed unless such construction would be inconsistent with the manifest intent of the HOCC, Generally. All provisions, tenns, phrases, and expressions contained in these regulations shall be liberally construed in order that the true intent and meaning of the HOCC may be fully carried out. Tenns used in these regulations, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of this State ofthe same tenns. Interpretation Minimum And Maximum, In the interpretation and application of any provision of these regulations it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, and general welfare, Where any provision of these regulations imposes greater restrictions upon the subject matter than a general provision of all other ordinances, the provision imposing the greater restriction or regulation shall be deemed controlling. Definitions. The definitions are intended to be generally construed within the context of these regulations, except as shall be specified by the tenn itself within a given context for a selected Sub-section of these regulations, Text. In case of any difference of meaning or implication between text of these regulations and any figure, the text shall controL Computation Of Time. The time within which an act is to be done shall be computed by excluding the first and last day; if the last day is a Saturday, Sunday, or legal holiday, that day shall be excluded, Day, The word "day" shall mean a calendar day. Gender. Words imparting the masculine gender shall be construed to include the feminine and neuter, Month. The word "month" shall mean calendar month. Non-Teclmical And Technical Words, Words and phrases shall be construed according to the common and approved usage of the language, but teclmical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning, I 'If '-' ..." ....,.¡ Number. A word imparting the singular number only may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing. Shall. May. The word 'shall" is mandatory; "may" is permissive. Tense. Words used in the past or present tense include the future as well as the past or present. Week. The word week shall be construed to mean seven calendar days. Written Or In Writing, The term "written" or "in writing" shall be construed to include any representation of words, letters or figures whether by printing or other form or method of writing, Year. The word "year" shall mean a calendar year, unless a fiscal year is indicated or 365 calendar days is indicated. Abbreviations, AGRF: BOCC: BOD: CAU: CIP: CO: CWWTP: FDEP: DRI: EPC: ERC: FAC: HRS: IWWTP: L: mg: mg/I POC: SFWMD: TN: TP: TSS: C, DEFINITIONS. Accrued Guaranteed Revenue Fees Board of County Commissioners Biochemical Oxygen Demand Community Assessment Unit Capital Improvement Program Certificate of Occupancy Community Wastewater Treatment Plant Department of Environmental Protection Development of Regional Impact Environmental Protection Commission Equivalent Residential Connection Florida Administrative Code Florida Department of Health and Rehabilitative Services Interim Wastewater Treatment Plant Liter Mi1ligrams Milligrams Per Liter Point of Connection South Florida Water Management District Total Nitrogen Total Phosphorous Total Suspended Solids Act or The Act. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended from time to time, 33 U,S.C, 1251, et seq, 2 ~'-' ...,.¡ ..., Connection Fee. The fee assessed by the County for the connection of existing or proposed development to District utility Facilities, The amount of such fee, as amended ITom time to time, represents the proportionate share, per ERC, of the reasonably anticipated capital cost of expanding, oversizing, acquiring, or constructing the County's planned and existing facilities within the County service area where such expansion, oversizing, acquisition, or construction is necessitated by the connection of new customers (or additional use by existing customers) to the existing utility facilities, for the benefit of new and not-yet-served customers. Community Wastewater Treatment Plant. A community wastewater treatment plant is defined to mean a temporary wastewater treatment plant for a development, its collection system, appurtenant effluent disposal/reclaimed water reuse facilities, and sludge treatment and disposal facilities, Contract For Service. The document by which a customer's financial responsibility is established for the charges legally assessed against the service address( es) specified therein. County. A political subdivision of the State of Florida, known as St. Lucie County, as governed by the Board of County Commissioners (BOCC), County Standard Developer Agreement. The Standard Developer Agreement, as adopted and amended from time to time by the BOCC, setting forth specific requirements of a Developer in connection with a reservation of capacity in the Utility System. Customer. . An Applicant which has contracted to receive utility services ITom a Utility and is financially responsible for the payrrient of all charges legally assessed by the Utility with respect to that particular connection to the Utilities' facilities. Also the actual user of these utility services. Customer. Bulk. A customer of a Utility which redistributes utility servIces through its own utility facilities, Customer. New. An Applicant for property that has existing development or is proposed for development. Developer. Property Owner, or an agent of the Owner, of land proposed for Development. Development. Existing, A single family residence, a multi-family structure, or a single parcel of property with one or more existing structures used for residential, commercial, commercial residential, industrial, or manufacturing purposes that generates wastewater flow to On-Site Wastewater Treatment Disposal System or a Private Wastewater Treatment Facility within the S1. Lucie County Wastewater Service Area, 3 '" '-' ...,.¡ ..."" Development. Proposed, Any change in land use which alters or creates the demands for utility services; any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or pennanent storage of materials; the act of building, engineering, mining, or other operations in, on, over, or under land; and/or the making of any material change in the use of any building or other land. District. The St. Lucie County Water and Wastewater Utility District. District Board, The Governing Board of the St. Lucie County Water and Wastewater Utility District. District Utility Director. The District Utility Director or the District Utility Director's designee, Dry-line Facilities. Utility facilities that are permanent in nature, that have been installed, but are not useable until other penn anent facilities are available, Effluent. Water, after some degree of treatment, flowing out of any treatment device or facility. Equivalent Residential Connection. A unit of potable water, reclaimed water, or wastewater capacity in the applicable District utility system which is equivalent to the average number of gallons per day of service attributable to a single family detached residence as such number is established from time to time by the District Utility Director for the applicable service, Force Mains, See Wastewater Facilities, Pressure, Individual On-Site Wastewater Disposal Facilities, On-Site Wastewater Disposal Facilities that provide Wastewater services to a single housing unit. Individual On-Site Water Supply Facility. A water well serving a single housing unit. Line Extension. Any utility conveyance system improvements needed to provide service to an existing or future development. Low Pressure Sewer Facilities, See Wastewater Facilities, Low Pressure. Off-Site Facilities. Utility facilities that are located between the Applicant's property limits and any and all POC's, On-Site Facilities. Utility facilities that are located within an Applicant's property limits. On-Site Wastewater Disposal Facilities. The facilities used for the treatment of wastewater in septic tanks and the disposal of the effluent by absorption fields, 4 - '-' '-' ...,.¡ ...., Oversized Faci1ities. Any utility facilities which are sized beyond the needs of the development for which the facilities were initially installed, Oversizing. Utility facilities which are constructed to provide capacity for existing and/or future developments in excess of the utility capacity requirements of the property owner's development. Point of Connection. A point of entry into a utility system, given by the Uti1ity to an Applicant; the point at which the property owner receives utility service, Potable Water. Water that meets the Environmental Protection Agency standards for human consumption. Potable Water Facilities, All facilities required for the production, treatment, storage, transmission, distribution, and delivery of potable water, Potable Water Facilities. Common. Potable water supply facilities fonned by an on-site well with more than one connection serving more than one dwelling unit. Common potable water supply facilities shall meet HRS requirements for a Private Water Supply, Potable Water Facilities, Distribution. Those pipes, fire hydrants, valves, fittings, service connections, and appurtenances, sized in accordance with. District engineering standards, used to convey potable water from a master planned transmission system to a customer. Potable Water Facilities, Municipal. Pub1ic potable water faci1ities which are provided by a City or County and shall meet HRS requirements for a Public Water Supply. Potable Water Facilities, Private, Potable water faci1ities for which the construction or operating pennits are issued to other than a municipa1ity or county, Potable Water Facilities. Public. Potable water facilities for which the construction or operating pennits are issued to a municipality or county. Potable Water Facilities, Supply. Those facilities used to develop a source of potable water and its treatment including, but not limited to wells, raw water mains, treatment facilities, storage tanks, pumping stations, etc. Potable Water Facilities. Supply, Individual On-Site. A potable water supply fonned by an on-site well with one connection serving a single unit. Individual private wells shall meet HRS requirements for a Private Water Supply, Potable Water Facilities, Transmission, Those pipes, fire hydrants, valves, fittings, and appurtenances, sized in accordance with District engineering standards, used to convey potable water from potable water supply faci1ities or a pumping station to a distribution system. 5 - '-" '-' ..., ...", Property Owner, The title holder of record for a parcel of land, or its duly authorized representative or agent, or occupants of said property, who applies, either voluntarily or through the mandatory connections procedures, for utility service to and for said property, and who can bind the property owner to all legal obligations related to utility services. Reclaimed Water. Domestic Wastewater that has received at least secondary treatment, as defined by FDEP, and treatment as required by policy of the Sanitary Sewerage Element of the S1. Lucie County Comprehensive Plan, and is reused after flowing out of a wastewater treatment facility ("Reuse Water"). Reclaimed water shall also include other irrigation quality water used to supplement Reuse Water. Reclaimed Water Facilities, All facilities required for the storage, transmission, and distribution of reclaimed water. Reclaimed Water Facilities, Distribution. Those pipes, valves, fittings, service connections, and appurtenances, sized in accordance with District utility standards, used to convey reclaimed water from reclaimed water transmission facilities to a customer. Reclaimed Water Facilities, Transmission, Those pipes, valves, fittings, and appurtenances identified and sized in accordance with the reclaimed water master plans, constructed in accordance with District utility standards, used to convey reclaimed water from a wastewater treatment plant or pumping station to reclaimed water distribution facilities. Reclaimed Water Service Connection. The reclaimed water connection rrom a reclaimed water distribution facility to the point of delivery for a Customer, For a residential Customer, this point of delivery is the downstream side of the meter at the Customer's property line. For a non-residential Customer, the actual point of delivery may be at a location other than the property line, to be detennined by the District Utility Director in coordination with the Customer. Reuse. The deliberate application of reclaimed water for a beneficial purpose which reduces the use of water of a higher quality. Reuse Facilities. Those facilities located downstream of the service connection for the purpose of practicing reuse. Service Area. The parcel(s) of land to which a Utility is legally entitled to provide utility services. Service Area, Municipal. The area within which a county, municipality, or other governmental authority or agency by a law or agreement is allowed to provide utility services, Service Availability (Availability of Service), The results of detennining, through engineering analysis and of cost and operational feasibility studies, if utility 6 '-' '-' ..., "'wI service is available to an Applicant for property that has existing development or is proposed for development, Sewage. Domestic or Sanitary. See Wastewater, Domestic or Sanitary. Utility. A publicly or privately owned company or legal entity that provides to its customers products and/or services, Such products may be gas, electricity, water, etc.; and such services may be transportation systems, stonnwater management systems, wastewater treatment and disposal systems, etc. In these regulations the use of this word will be restricted to an entity that supplies potable water, reclaimed water, and wastewater products and services to its customers, Utility Facilities. All the facilities controlled by a Utility required to provide customers with potable water, reclaimed water, and/or wastewater products and/or servIces, Utilitv Facilities. Private, Utility facilities for which the construction or operating pennits are issue to other than a county or municipality. Utilitv Facilities. Public. Utility facilities for which the construction or operating pennits are issued to a county or municipality. Utility Service. The act by a Utility of providing to a customer for its use potable water and/or reclaimed water, and/or providing to a customer the removal of their wastewater, Wastewater. The liquid and water-carried domestic or industrial wastes from dwellings, commercial buildings, industrial facilities, and institutions together with any ground water, surface water, and stonn water that may be present, whether treated or untreated, which is contributed into or pennitted to enter any wastewater facilities. Wastewater. Domestic or Sanitary. Wastewater derived principally trom dwellings, commercial buildings, industries, institutions, and the like; originating as wastes trom kitchens, water closets, lavatories, bathrooms, and showers; the strength of which shall nonnally fall below the following parameters: BOD (300 mg/l); TSS (300 mgll);TN (40 mg/l), and TP (12 mg/l). Wastewater Facilities, All facilities required for the collection, transmission, treatment, and disposal of wastewater. Wastewater Facilities. Collection, A system oflaterals, pipes, and manholes used to collect wastewater and convey it by gravity to a pumping station. Wastewater Facilities. Low Pressure, A network of small diameter pipelines which convey wastewater, under low pressure, to a central collection facility. The low pressure is produced by small pumps located at the individual wastewater sources. 7 '-' """ ...,.¡ ...., Wastewater Facilities. Pressure. A system of pipes, valves, fittings, and appurtenances used to convey wastewater under pressure from a pump station to a point of discharge. Wastewater Facilities. Private. Wastewater facilities for which the construction or operating permits are issue to other than a county or municipality, Wastewater Facilities. Public, Wastewater Facilities for which the construction or operating permits are issue to a county or municipality, Wastewater Facilities. Pump (Lift) Station, An above or below ground structure containing pumps and appurtenances which pumps untreated wastewater through a wastewater pressure facility to another wastewater pressure facility, a wastewater collection facility or directly to a wastewater treatment plant. Wastewater Facilities. Service Lateral. In wastewater collection facilities a service lateral is a small pipe that branches from a larger pipe to a Customer's property line thereby providing a point of collection into the collection facility. A lateral is normally sized four inches in diameter or larger. Wastewater Treatment Plant. Those facilities used to treat wastewater and dispose of effluent and sludge including, but not limited to clarifiers, aerators, digesters, filters, storage tanks, percolation-evaporation ponds, spray irrigation fields, direct discharge pipes, etc. Well. The physical structure, facility or device at and below the land surface from or through which groundwater flows or is pumped from subsurface, water-bearing formations, Wellfield, An area containing one or more wells contributing water to a public otable water system as defined by applicable environmental regulation. SECTION 7 - CAPACITY ASSESSMENT UNIT PROGRAM A. PROPOSED DEVELOPMENT Property owners that enter into an SDA with the District may request the District initiate a Capacity Assessment Unit ("CAU") to finance the payment of connection fees, guaranteed revenues fees and such master planned facilities required to be funded by the Property Owner pursuant to the terms of the SDA. If the District determines to permit the Property Owner to enter the CAU Program, the District shall bring the proposed improvement project for public hearing in accordance with legal requirements, An costs relating to the CAU, including, but not limited to program administrative fees and financing costs at 5% of total assessment amount, and, where master planned facilities are included in the CAU, surveying, drafting, engineering, permitting, construction, inspection, administration and obtaining and verifying easements, shan be included in the improvement 8 \.0' '-' 'wi ......, project. Inspection fees shall be assessed at 2% of construction costs. Construction project administration fees shall be assessed at 5% of construction costs, All other costs will be based upon actual costs incurred. A construction contingency of 10% of construction costs shall be provided under the assessment established at the public hearing, with unused contingencies and construction under-runs to be credited by amending resolution, At least twenty (20) days prior to the public hearing, the District shall notice the public hearing by mail and by publication in a newspaper generally circulated within the applicable County, The notice by mail shall be sent to each person owning property subject to the assessment and shall include the following information: (1) the purpose of the assessment; (2) the total amount to be levied against each parcel; (3) the unit of measurement to be applied against each parcel to determine the assessment; (4) the number of units contained within each parcel; (5) the total revenue the District will collect by the assessment; (6) a statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in loss of title; (7) a statement that all affected property owners have a right to appear at the hearing and to file written objections with the District Board prior to or during the public hearing; and (8) the date, time, and place of the public hearing, The published notice shall contain at least the following information: (1) a reference to the District Board; (2) a geographic depiction of the properties subject to the assessment; (3) the proposed schedule of the assessment; (4) the fact that the assessment will be collected by the tax collector; and (5) a statement that all affected property owners have the right to appear at the public hearing and the right to file written objections prior to or during the public hearing. Upon confirmation of the assessment resolution by the District Board, a lien shall be placed on each benefited property, The assessment resolution and roll shall be recorded by the 9 '-' "'" ....",¡ ....., Clerk and the same shall constitute a lien against the assessed property, The Clerk shall notifY each Property Owner of the lien. The payment period for special assessments shall be 20 to 30 years, as determined by the District Board, Special assessments shall bear interest at the rate of 612 % per annum, or such other interest rate as determined by the District Board rrom time to time, rrom the date of notification by the Clerk following completion of construction and shall be payable in equal arumal payments with the first installment billed on the first property tax bill following the date of notification or billed directly to the Property Owner. Assessments may be paid in full without interest within 30 days of notification of final completion of the special assessment project by the Clerk. B. EXISTING DEVELOPED AREAS Property Owners in existing developed areas desiring potable water, reclaimed water or wastewater service may request rrom the District petition forms for the initiation of a CAU to finance the capital improvements necessary to provide such service. The petition form shall include: (1) a description of the proposed improvement; (2) a statement rrom the petitioners requesting that the improvement be constructed; (3) a statement recognizing that the District Board will make the determination of special assessments at a public hearing; (4) an estimated cost of the assessment based on the average cost of similar improvements and the method of assessment; and (5) a statement that the petitioners agree to be assessed for the actual costs of construction of the improvements, including other allowable incidental costs. The petitioning process is solely used to gauge the interest of Property Owners in receiving potable water, wastewater and/or reclaimed water service, Petition forms are for general informational purposes only and shall not preclude the District rrom modifYing the geographic boundaries of an improvement project prior to providing the required notices of the public hearing. A Upon receipt of petition forms rrom a majority of the Property Owners in favor of the requested improvements, the District shall determine if sufficient right-of-way and/or easements exist for the proposed improvements, If sufficient right-of-way and/or easements do not exist, the District will endeavor to obtain the required right-of-way and/or easements to accommodate the proposed improvements, The District may verifY signatures on the petition forms with information in the public records, The District may bring the proposed improvement project for public hearing in accordance with legal requirements upon receipt of petition forms rrom a majority of the 10 ÌíIW '-' .., """" Property Owners in favor of the requested improvements and if sufficient right-of-way or easements exist or can be can be reasonably obtained, The District may proceed with surveying, drafting, engineering, obtaining and verifYing easements, pennitting and obtaining construction bids for the improvements prior the public hearing. The District may bid each project separately or may utilize a continuing unit price construction contract established for this purpose, Notwithstanding the petition process, the District shall retain the authority to undertake an improvement projects with less than a majority of the Property Owners in favor of the improvements, In addition, the District may undertake an improvement project in the absence of a landowner petition. All costs relating to the CAD, including, but not limited to program administrative fees and financing costs at 5% of total assessment amount, and, where master planned facilities are included in the CAD, surveying, drafting, engineering, pennitting, construction, inspection, administration and obtaining and verifying easements, shall be included in the improvement project. Inspection fees shall be assessed at 2% of construction costs. Construction project administration fees shall be assessed at 5% of construction costs. All other costs will be based upon actual costs incurred. A construction contingency of 10% of construction costs shall be provided under the assessment established at the public hearing, with unused contingencies and construction under-runs to be credited by amending resolution, All facilities to be constructed shall be designed in accordance with the District standards and shall meet all other applicable standards, including provision for fire protection. The District may hold an informational meeting prior to the public hearing. At the informational meeting, the District staff will explain the proposed improvements, tentative assessment to each property, and the applicable procedures to be followed. Notice for the informational meeting shall be mailed by regular mail to each Property Owner no less than ten (10) days prior to the informational meeting date. In lieu of an informational meeting, the District may provide a comprehensive and detailed explanation of the proposed improvements and tentative assessments to all owners of property to be specially benefited, The information shall be mailed by regular mail to each of the Property Owners no less than ten (10) days prior to the public hearing, At least twenty (20) days prior to the public hearing, the District shall notice the public hearing by mail and by publication in a newspaper generally circulated within the applicable County, The notice by mail shall be sent to each person owning property subject to the assessment and shall include the following information: (1) the purpose of the assessment; (2) the total amount to be levied against each parcel; (3) the unit of measurement to be applied against each parcel to determine the assessment; (4) the number of units contained within each parcel; 11 '-" '-" ....,; ...,¡ (7) the total revenue the District will collect by the assessment; (8) a statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in loss of title; (7) a statement that all affected property owners have a right to appear at the hearing and to file written objections with the District Board prior to or during the public hearing; and (8) the date, time, and place of the public hearing. The published notice shall contain at least the following information: (1) a reference to the District Board; (2) a geographic depiction of the properties subject to the assessment; (3) the proposed schedule of the assessment; (4) the fact that the assessment will be collected by the tax collector; and (5) a statement that all affected property owners have the right to appear at the public hearing and the right to file written objections prior to or during the public hearing. Upon confirmation of the assessment resolution by the District Board, a lien shall be placed on each benefited property. The assessment resolution and roll shall be recorded by the Clerk and the same shall constitute a lien against the assessed property, The Clerk shall notify each Property Owner of the lien. Property Owners are responsible for all improvements on their side of the Point of Service, including all permits and fees, When connecting to the District's potable water system, thc Property Owner shall permanently disconnect all wells from the plumbing leading to or inside the house or building. The wells may be used for landscape irrigation only, except where prohibited herein. When connecting to the wastewater system, the Property Owner shall abandon existing septic tanks in accordance with all Federal, State and local laws, rules and regulations, The payment period for special assessments shall be 20 to 30 years, as determined by the District Board. Special assessments shall bear interest at the rate of 6~ % per annum, or such other interest rate as determined by the District Board from time to time, from the date of notification by the Clerk following completion of construction and shall be payable in equal annual payments with the first installment billed on the first property tax bill following the date of notification. Assessments may be paid in fun without interest within 30 days of notification offinal completion of the special assessment project by the Clerk. 12 '-"' '-" 'wi! ...., SECTION 8 - DEFERRED PAYMENT PLAN SERVICE INITIATION FEES Property Owners desiring to convert existing wel1s and/or septic tanks to the District potable water and/or wastewater Facilities and/or connect existing developments to the District's Reclaimed Water Distribution System, may make application for a Deferred Payment Plan (Plan), subject to the District's approval, This Plan may be selected if the service is readily available to service the property. The Property Owner participating in the Plan shall agree to the tenns as set forth in the Certificate oflndebtedness, the Plan Application, and the District Service and Extention Policies, as may be amended. A Certificate of Indebtedness shall be recorded by the Clerk and shall become a lien upon the property superior to all liens, titles, and claims except Federal and State taxes. The payment period for the Service Initiation Fees under the Plan shall be as follows: . Potable water and reclaimed water service - 20 years · Multiple services concurrently requested, including potable water, wastewater, reclaimed water, paving, or drainage - 20 years . Wastewater services - 20 years · Potable water or reclaimed water service, paving or drainage in areas of special concern as determined by the District Board in conjunction with the Department of Housing and Community Development - 20 years The Service Initiation Fees may be paid in ful1 without interest within 30 days from the date of the Deferred Payment Application, All Deferred Payment Plans shall bear interest at a rate of 6Y:z% per annum, or such other interest rate as determined by the District Board nom time to time, from the date of Service Initiation and shall be payable in equal monthly payments over the payment period. All Deferred Payment monthly instal1ments shall be included in the Property Owner's monthly utility bill. Failure to pay any portion of the utility bill, including the Deferred Payment installment of principal or interest, when due shall result in a late fee, including interest. the District shall discontinue potable water, reclaimed water, and wastewater service to the property benefiting nom the Plan if any portion of the monthly utility bill, including Deferred Payment Fees, remains delinquent after ten (10) business days of the bill date containing said delinquency. SECTION 9 - SERVICE TEMPORARILY PROVIDED BY ANOTHER UTILITY Circumstances occasional1y may arise that merit consideration of temporary provision of utílíty service to a property by the Property Owner or a utílíty other than the District which will be the permanent or future purveyor of service. The fol1owing policy statements shall govern consideration and implementation of such requests by the District: 1. The length of time proposed for temporary service shall be mutually agreed upon by the parties, 2. There shall be an agreement executed by the utilities involved and the benefiting Property Owner outlining the terms of the temporary service arrangement. 13 '-"' '-' ...." '...I 3. The design and construction standards the District shall govern the quality of Facilities installed. However, specific requests of the temporary purveyor for variations in these standards may be considered. 4. The approved construction plans shall facilitate eventual transfer of service. The plans shall be approved by both purveyors, 5. The benefiting Property Owner shall pay all appropriate fees for inspection, plan revision and meter installation to both purveyors as may be specified. The benefiting Property Owner shall also pay the District all appropriate connection fees and other contractually required fees or charges as necessary in addition to any such fees or charges justified and mandated by the temporary purveyor. The benefiting Property Owner shall pay additional fees/charges to the extent that duplicate services would have been provided. There shall be no credits granted to the Property Owner for any such duplication, 6. The Agreement shall provide the basis for concluding the temporary service arrangement at the designated time. 7. No temporary service agreement shall be approved if it would serve the purpose of delaying the extension of the District Facilities to an area, but mther shall only be approved if no original provision of service was specified, or if such temporary service speeds initiation of service to a project pending delivery of service. Once the District has made service available to the Property Owner, the Property Owner shall connect to the District. SECTION 10 - ON-SITE RECLAIMED WATER REOUIREMENT The District requires the use of reclaimed water for new development as set forth below and strongly recommends reclaimed water service for existing utility customers that do not currently utilize reclaimed water service, Reclaimed water service promotes water conservation and avoids the use of potable water for irrigation purposes, 1. Mandatory Use of Reclaimed Water: The use of reclaimed water for irrigation is mandatory for all new Development. The Property Owner of said new Development shall design and construct an on-site reclaimed water irrigation system as set forth in this USP, the UEP, and the Standard Reclaimed Water Development Agreement ("SRWDA"), Such design shall be based upon the delivery by the District of reclaimed water to a Property Owner on-site water storage facility (lake, pond, contained canal or bermed area) at which will be located a reclaimed water metering facility which shall be the customer point of connection, and from which Property Owner will distribute and dispose of the reclaimed water throughout its Property. Such design shall incorporate wet-weather receipt and discharge of the reclaimed water on the Property. Each Property Owner shall be required to purchase and use, at such time and in such quantities as determined by the District a volume of reclaimed water equal to the volume of wastewater discharged from the Property on an equivalent average basis as determined by the Utility 14 \.r '-' ...,.¡ ""'" Director, If the District reclaimed water facilities are available at the time the Property connects to the District water and wastewater system, then the Property Owner shaH connect the on-site reclaimed water system to the District reclaimed water system. If reclaimed water is not available to the Property at the time the new Development connects its on-site water and wastewater systems to the District, then the Property Owner shaH provide required stub-out facilities sufficient to connect the on-site reclaimed water system with the District reclaimed water system when the District reclaimed water system is extended to the Property, The District shall connect the on-site reclaimed water system to the District reclaimed water system when available and shall notify the Property Owner that such connection has been made and that the Property Owner's obligation to use reclaimed water has commenced, 2. Commitment to Provide Reclaimed Water: The District shall use its best efforts to obtain a supply of reclaimed water to provide for the reclaimed water demands of each Property, provided, however, that the District makes no representation or guarantee that adequate supplies of reclaimed water will be available to any given Property at any given time, and further provided such efforts are financially and technically feasible, The District reserves the right to allocate available capacity among the several Property Owners to the end that a fair distribution of such capacity is accomplished and that no Property Owner shall preempt others from the reasonable opportunity to obtain such capacity when the same is required by such Property Owners in the near-term future. To the extent that the District cannot provide sufficient reclaimed water supply to meet the full requirements of a Property Owner, the Property Owner may supplement the reclaimed water supply with other available water supplies, provided that such use does not interfere with the obligation of Property Owner to use and dispose of the volume of reclaimed water equal to the volume of wastewater discharged from the Property, 3. Reclaimed Water System Requirements: a. Property Owner Facilities. The Property Owner shall install and maintain an underground reclaimed water irrigation system of low-trajectory spray heads that is controlled by electrical timers and valves. Such irrigation system may be designed for dual application of alternative water supplies, with appropriate back-flow prevention and cross-connection protection devices as approved by the Utility Director. The reclaimed water supply shall not enter any building containing a dwelling unit, except in accordance with DEP rules and regulations, No above ground hose bibbs will be allowed on the reclaimed water system. All reclaimed water hose bibbs must be installed in locked boxes located below grade and must be colored and marked in accordance with DEP rules and regulations. b. Standards. The following standards shall be strictly adhered to in the design, construction and operation of all reclaimed irrigation systems: UEP, Rule 62-610, Florida Administrative Code, as amended from time to time, DEP rules, regulations and policies, Plumbing Code of the Southern Standard Building Code Congress International, Inc., latest edition as amended rrom time to time. c, Public Notification and Signage, Adequate signs in compliance with DEP rules and regulations shall be posted throughout the reclaimed water irrigation system to inform the public 15 '-" '-' .""", ..1 that nonpotable reclaimed water is being used for irrigation. These signs must be routinely visible to residents and guests of the Property, A minimum of one sign per Property or one sign per irrigated acre, whichever is greater, shall be posted, The signs, to be posted at the entrances to irrigated areas and at appropriate intervals, shall state, at a minimum, "Reclaimed Water Irrigation Area", "Landscaping Irrigated with Reclaimed Water", "Reclaimed Water - Do Not Drink" or similar text. Minimum height of lettering on the signs shall be one inch, Lettering shall be purple on a contrasting background, For hose bibbs, the sign shall be on the cover of the below grade box in letters at least 0.5 inch high or a purple plastic bag containing the warning language in contrasting letters that are at least 0.25 inch high shall be pennanently attached to the bibb inside the box. All piping, valve boxes, hose bibb boxes, and above ground fittings and valves shall be purple. d, Compliance. Failure to comply with the Reclaimed Water System Requirements and all DEP reclaimed water rules and regulations shall be grounds for the District to discontinue water, wastewater and reclaimed water service to the Property, until the Property comes into compliance. Property Owners that do no use the minimum volume of reclaimed water during a monthly billing cycle may be assessed a minimum charge for each thousand gallons of reclaimed water use below the minimum as provided in the USP. 16 "-' ~ -.J "'" EXHIBIT "A" DATA SHEET FOR ERCIERIC DETERMINATION Project Name: Developer: Owner's Name (Must be exactly as on recorded warranty deed): (Must submit a copy of recorded warranty deed) Owner's Mailing Address: Project Location: (Not Street Address): Section Township Range ATTACH A LISTING OF PROPERTY CONTROL NUMBERS (pCN) FOR ALL PROPERTY TO BE COVERED BY THE STANDARD DEVELOPMENT AGREEMENT. Please check the appropriate spaces and fill in the applicable blanks for your particular project. The infonnation required below is to detennine the number of Equivalent Residential Connections (ERCs) for use in the Standard Development Agreement and to correspond with infonnation provided on your plans, A SITE PLAN MUST BE SUBMITTED SHOWING APPROPRIATE BUILDING AREAS AND FEATURES. The above project is: Type of service: Non-Residential Potable Water Residential Wastewater Reclaimed Water I. If Non-Residential: Total square footage is Below, please check applicable non-residential uses for your project: BeautylBarber Shops Laundromat Gas/Service Station Car Wash_Yes No Hospital # of beds Hotel/Motel # of rooms Nursing Home.# of beds Office Building Food Service (i.e., bars, restaurants, etc.) Boarding School Day School Sq. footage Sq. footage Sq. footage Meter size Meter size Meter size Sq. footage Sq, footage Sq. footage Sq. footage Sq. footage Meter size Meter size Meter size Meter size Meter size Sq. footage Sq, footage 17 Meter size Meter size ~ ...... -' " ,."., Factory (process water requirements) General Commercial Movie Theater/Auditorium Religious Institution Warehouse (mini-warehouse, dead storage) Warehouse (bulk inventory, supply) Warehouse (office-commercial, subdivision) Sq. footage Meter size Sq. footage Sq, footage Sq. footage Sq. footage Meter size Meter size Meter size Meter size Sq, footage Meter size Sq. footage Meter size II. If Residential: 1. Number of dwelling units: individual or master meters: 2. Clubhouse: Yes If more than 1, how many? 3. Restaurant (banquet hall) Sq. footage Sizes ofmeter(s): No Size of meter: III. Other uses or comments: I, , the undersigned, (Title) of (Developer/Owner/Agent) hereby affmn the truth to the above statement and calculations to the best of my knowledge. Signed: Date: Address: Phone: ERC Calculation by the District: ERCs Area # or OJ By: Date: 18 '" '-" -' ..", EXIllBIT "B" CORPORATE RESOLUTION The undersigned OFFICER'S NAME of , a as TITLE OF OFFICER CORPORATION NAME corporation, hereby certifies that at a special meeting of the Board of Directors of said corporation, which was duly called and held on the day of ; with a quorum present and voting, the following resolution was enacted and is still in full force and effect: "RESOLVED that , as , of said Corporation is authorized, empowered and directed to execute the Standard Development Agreement(s) and all necessary related document(s), easernent(s), assignment(s), transfer(s), amendment(s), or indemnity agreernent(s) thereto pertaining to potable water, wastewater and/or reclaimed water between and St. Lucie County. I further certify that the foregoing resolution is in conformity with the Articles of Incorporation and the By-laws of the corporation and that there are no provisions in said Articles of Incorporation or By-laws which limit the power of the Board of Directors to enact the foregoing resolution or grant the authority expressed therein. I further certify that this corporation is in good standing with all license, income and fTanchise taxes paid, and no proceeding for the dissolution or liquidation of this corporation is in effect. Executed this day of ,20_ (SEAL) By: Signature Corporate Title Typed or Printed Name 19 \r' '-' ....., ...., EXHIBIT "C" CONSENT AND JOINDER OF MORTGAGEE/LIENHOLDER , a Corporation, existing under the laws of the State of and authorized to do business in the State of Florida, hereby certifies that it is the mortgage / lienholder under a mortgage from ; a corporation, dated , filed , and recorded in Official Record Book , Page, as modified by Mortgage Modification Agreement dated . filed and recorded in Official Record Book , Page , all in the Public Records of St. Lucie County, Florida, and hereby consents to and joins in the execution of the Agreement between St. Lucie County and , for the provision of potable water, wastewater, and/or reclaimed water service to the property described in Exhibit "A" to the Agreement and further consents to and joins in the granting of utility easements to St. Lucie County as provided for in the aforesaid agreement with S1. Lucie County. , as mortgagee aforesaid, consents to the recording by S1. Lucie County, in the Public Records of St Lucie County, Florida of the contract. IN WITNESS WHEREOF, the undersigned has executed this instrument on this_day of_, ,20_. WITNESSES: a authorized to do business in the State of Florida. By: President Typed or Printed Name 20 '-' '-' 'wi ...., NOTARYCERTWICATE STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this_day of ,20_, ~ ,~ a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification, Signature of Notary Typed, Printed, or Stamped Name of Notary Seríal Number 21 '-" '-' """ ..J EXHIBIT "D" INSTRUCTIONS FOR STANDARD POTABLE WATER AND WASTEWATER DEVELOPMENT AGREEMENTS All of the following instructions must be accurately satisfied to allow St. Lucie County to accept your Agreement for approval. The applicant does not have a service commilment until the Agreement is approved, SUBMIT THREE (3) ORIGINAL REDLINES OF THE AGREEMENT, EACH WITH ORIGINAL SIGNATURES ONLY. 1. Leave the date blank, It will be filled in upon execution by the District. 2. The contracting party MUST be the owner ofthe property included in the SDA. SIGNATURE PAGE TIllS IS THE MOST IMPORTANT PAGE. IT INDICATES THAT THE CONTRACTING PARTY AGREES WITH ALL THE PROVISIONS OF THE AGREEMENT. }, Two different people must witness the Property Owner's signature. 2. If a corporation, please provide the full corporate name and state of incorporation, i.e., SUNSHINE STATE CORPORATION, a Florida corporation. 3. If a corporation, the President or Vice President signing on behalf of the corporation is preferred. . 4. If the entity is a Partnership; all partners must sign unless the Partnership Agreement indicates otherwise. 5. When signing as an officer of the Partnership, please indicate your title after your name, i,e., Larry Snow, General Partner. 6. The Corporate Seal must also be affixed to the Agreement. 7, In completing the Notary acknowledgment, please make sure your title also appears after your name. If an individual, please strike through any inapplicable language in the acknowledgment. Please indicate if individual is personally known or has furnished identification. 8. Please make certain the Notary affixes their seal and indicates the expiration date of their Commission. 9. Provide a COMPLETE legal description of the property to be encumbered by the SDA as Exhibit "A". ADDITIONALLY, THE FOLLOWING DOCUMENTS MUST ALSO BE PROVIDED: 22 "-' '-' ...",,¡ ...., 1. One (1) copy of the legal description and survey which must have been previously certified by a Registered Land Surveyor, in addition to the legal description required for Exhibit "A", 2. For a Corporation, one copy ofthe following items is required: (a) a corporate resolution authorizing the appropriate officer or agent to sign the SDA (one original). (b) a corporate seal must be affixed near the authorized signature on the resolution, described above, as well as on the Agreement. (c) a current officer listing from the Florida Secretary of State (one copy). 3. One (1) original of a properly executed mortgagee consent and joinder and fonn or a letter from an attorney licensed to do business in Florida confinning clear title for any property without a mortgage or lien. 4. Partnership, joint venture, and/or trust agreements, as applicable (onè copy). 5. The Mandatory Agreement Payment must accompany the Agreement. 6. A copy ofthe owner's recorded warranty deed to the property, 7. A Title Policy for the benefit of the District should be delivered to the District upon conveyance of an easement, where applicable. FOR USE IN EXECUTION OF CONSENT OF MORTGAGEE/LIENHOLDER 1. Fill in exact name(s) of party executing, exactly as on original mortgage, i.e., full corporate name, both husband and wife. 2. Name of parties of mortgage. 3, Date of mortgage. 4. Filing date of mortgage. 5. Book and page of mortgage. 6. Any modification agreements. 7, All parties of mortgagee. (Same as # 1) 8. All parties signature and/or corporate seals, Need two separate witnesses. 9. Acknowledgment - Fill in date of execution and all names and/or title. Notary's name, affix seal and expiration date of commission. 10, Cross out any inapplicable language in notary acknowledgment. PLEASE CALL TO MAKE AN APPOINTMENT OR RETURN COMPLETED PACKAGE TO: 23 -- - '-' '-' .."", ...., Prepared by and Return to St. Lucie County Attn: County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 ST. LUCIE COUNTY UTILITIES 2300 Virginia Avenue Fort Pierce, FL 34982 (772) 462-1150 EXlDBIT "E" STANDARD POTABLE WATER AND WASTEWATER DEVELOPMENT AGREEMENT (SDA) TIllS AGREEMENT made and entered into this day of ,20-, by and between St. Lucie County Water and Wastewater Utility District, hereinafter referred to as "Utility", and [ADD ENTITY DATA], hereinafter referred to as "Property Owner". WITNESSETH WHEREAS, the Property Owner owns property located in St. Lucie County, Florida, and as more fully described in Exhibit" A", attached hereto and made a part hereof and hereinafter referred to as "Property", whereupon Property Owner has or is about to develop the Property by erecting thereon residential or non-residential improvements and desires to secure the provision of utility service to the Property; and WHEREAS, in the interest of public health and to encourage the use of central water and wastewater facilities, Utility desires to enter into this Agreement; and WHEREAS, Property Owner acknowledges that execution of this Agreement by Utility does not confer nor grant any land use or zoning approvals for the Property, nor does it assure or guarantee Property Owner that Property Owner has or will be able to obtain land use or zoning approvals for or be able to construct on the Property the number of ERC' s for which Property Owner has voluntarily elected to reserve utility capacity under this Agreement. NOW THEREFORE, for and in consideration ofthese premises, the mutual undertakings and agreements herein contained and assumed, Property Owner and Utility hereby covenant and agree as follows: 1. The foregoing statements are true and correct. 2. The following definitions and references are given for the purpose of interpreting the tenns as used in this Agreement and apply unless the context indicates a different meaning: (a) "USP" - the Utility Service Policy for water, wastewater and reclaimed water service by the Utility, as may be amended from time to time, which is incorporated herein by reference; 24 -- - '-' '-" 'WI -.J (b) "UEP" - the Utility Extension Policy for water, wastewater and reclaimed water service by Utility, as may be amended from time to time, which is incorporated herein by reference. (c) "UCR" - the Utility Connection Regulations for water, wastewater and reclaimed water service, as may be amended from time to time, which is incorporated herein by reference. (d) "UPAP" - the Utility Extension Policy, Utility Service Policy, Utility Connection Regulations and other policies and procedures adopted by the St. Lucie County (Utility), as may be amended from time to time, which is incorporated herein by reference. (e) "Service" - the readiness and ability on the part of Utility to furnish potable water to and to collect wastewater from the Property; (f) "Point of Service" - generally, the point where the pipes or meters of Utility are connected with pipes of the Property Owner as further defined in the UP AP; (g) "Equivalent Residential Connection (ERC)" - a system capacity equivalency unit which corresponds to the peak demand of the single-family residential category of Customer usage. This system capacity equivalency unit is utilized to establish the system demand for various sized connections for the purpose of assessing fees; (h) "Service Initiation" - the date a potable water meter is set or a wastewater connection is made for a customer; (i) "Guaranteed Revenue Fee" or "Guaranteed Revenues" - the mandatory fee paid by all customers designed to recover the carrying costs of system capacity which has been or is being constructed in anticipation of future service requests. Canying costs include fixed operating and renewal and replacement expenses necessary to maintain excess system capacity for future use. G) "Total Accrued Amount (TAA)" - A TAA represents accrued Guaranteed Revenue Fees payable fifty percent (50%) at the time of execution of this Agreement for all ERC's reserved, and payable fifty percent (50%) for each ERC upon Service Initiation, (k) "Standard Development Renewal Agreement (SDRA)" - an agreement between Utility and the Property Owner extending the capacity reservation for unused ERCs in a Standard Development Agreement for an additional five (5) years. 3. Property Owner hereby grants and gives to Utility the exclusive right and privilege to construct, own, maintain, operate and expand the potable water and wastewater facilities in, under, upon, over and across the present and future streets, roads, easements, reserved utility sites and public places as provided and dedicated to public use in the record plats, or as provided for in agreement, dedications or grants made otherwise and independent of said record plats, Utility covenants that it will use due diligence in ascertaining all easement locations; however, should Utility install any of its facilities outside a dedicated easement area, Property Owner covenants and agrees that Utility will not be required to move or relocate any facilities lying outside a dedicated easement area as long as the facilities do not interfere with the then or proposed use of the area in which the facilities have been installed, Property Owner hereby further agrees that the foregoing grants include the necessary rights of ingress and egress to any part of the Property which Utility reasonably requests for the maintenance, operation or expansion of the potable water and wastewater facilities; that in the event Utility is required or desires to install any of its 25 \wi '-" ....." ....." potable water and wastewater facilities in lands within the Property lying outside the streets and easement areas described above, then Property Owner or the successor owner(s), as applicable, shall grant to Utility, without cost or expense to Utility, the necessary easement or easements for such installation; provided, all such installations by Utility shall be made in such a manner as not to interfere with the then primary use of such Property. Property Owner or the successor owner(s), as applicable, shall obtain written approval fi-om Utility prior to installing any structure or object, including, but not limited to, fences, gates, signs, trees or poles, within an easement area. In consideration of Utility's consent to an encroachment, Property Owner or the successor owner(s), as applicable, shall agree to indemnify and hold Utility hannless wm and against all liabilities, damages, penalties, claims costs and expenses, including attorney's fees at all levels, which may be imposed upon or asserted against Utility as a result of or in any way connected to an encroachment approved by Utility. In the event Utility detennines that it is necessary to construct, maintain, repair, remove or replace any of its facilities located under, over or upon an easement, Property Owner or the successor owner( s) of the portion of the Property affected shall immediately remove the encroachment wm the easement upon the request of Utility at Property Owner's or the successor(s), as applicable, sole cost and expense. If Property Owner or the successor(s), as applicable, fails to remove the encroachment, Utility shall have the right to remove the encroachment from the easement. Property Owner or the successor(s), as applicable, shall pay all costs related to removing the encroachment from the easement incurred by Utility. Property Owner, as further consideration of this Agreement, and in order to effectuate the foregoing grants to Utility, hereby places the following covenant, as a covenant running with the land, upon the Property and thereby subjecting it to a reservation, condition, limitation or restriction in favor of Utility, as follows: Utility, or its successors, has the sole and exclusive right to provide all potable water, wastewater and reclaimed water services to the Property described in Exhibit "A", All occupants of any residence or non-residential improvement erected or located on the Property and all subsequent or future owners or purchasers of the Property, or any portion thereof, shall exclusively receive their potable water and wastewater service from the aforesaid Utility and shall pay for the same and shall abide by the tenns and intent of this Agreement, and the UPAP, for as long as the aforesaid Utility provides such services to the Property. Further, all occupants of any residence or non-residentiatimprovement erected or located on the Property and all subsequent or future owners or purchasers of the Property, or any portion thereof, agree, by occupying any premises on the Property or by recording any deed of conveyance with respect to the Property, that they will not construct or othezwise make available or use potable water, wastewater and reclaimed water service from any source other than that provided by Utility. Further, all occupants of any residence or non-residential improvement erected or located on the Property and all subsequent or future owners or purchasers of the Property, or any portion thereof, agree that Utility may require them to purchase and use a volume of reclaimed water equal to the volume of wastewater discharged from the Property on an equivalent average basis as detennined by the Utility. Any water well or water source used solely to supplement inigation water supply for the Property is excluded fi-om this restriction except to the extent the Property is required to utilize reclaimed water equal to the volume of wastewater discharged wm the Property. Further, in order to give an additional and supplementary notice to all the future Property Owners of any of the Property of the rights of Utility to provide the Property with potable water, 26 '-" '-' ...,.¡ ..., wastewater and reclaimed water facilities and services, the Property Owner hereby covenants and agrees to have the above restrictive covenant or its equivalent included in the general subdivision restrictions and to place the same of record in the Public Records of S1. Lucie County, Florida. 4. Upon the continued accomplislnnent of all the prerequisites contained in tills Agreement to be performed by the Property Owner, and subject to completion of the water, wastewater and reclaimed water facilities necessary to serve the Property, Utility covenants and agrees that it will allow the connection of the potable water distribution, wastewater collection, and reclaimed water distribution facilities installed by Property Owner to the potable water, wastewater and reclaimed water facilities of Utility in accordance with the tenns and intent of this Agreement and the UP AP. Such connection shall be in accordance with rules, and regulations of the Health Department, the UPAP, and other governmental agencies having jurisdiction over the utility operations of Utility. Property Owner shall connect the Property to the Utility reclaimed water distribution system in accordance with the reclaimed water requirements set forth in the UP AP. 5. Property Owner is required to pay the T AA in order to support investment in utility facilities, as well as the fixed costs of maintaining such facilities and the unused capacity it represents as provided in the UP AP, 6. Upon receipt of payment of the Connection Fees and the TAA due upon execution of tills Agreement, Utility agrees to initiate the provision of water and wastewater utility service for ERC's for Property Owner for a term of five (5) years, willch term may be extended in accordance with the UPAP, as may be amended trom time to time, and upon payment of applicable fees, 7. Property Owner hereby agrees to construct and to transfer ownersillp and control up to the Point of Service to Utility, at no cost, the on-site potable water distribution, on-site wastewater collection, and onsite reclaimed water distribution systems up to Property Owners reclaimed water storage facilities (not including on-site water reclaimed water distribution facilities on the consUlller side of the discharge to the reclaimed water storage facilities) referred to herein and such off-site systems as necessary to connect Property Owner's on-site systems to Utility's master planned facilities (all such on-site and off-site facilities referred to in tills paragraph collectively as "Property Owner Facilities." Upon acceptance of said Property Owner Facilities, Utility hereby agrees to accept ownersillp of the Property Owner Facilities for operation and maintenance purposes. Property Owner shall cause to be prepared engineering plans and specifications prepared by and scaled by a professional engineer registered in the State of Florida, showing the Property Owner Facilities. Utility will advise Property Owner's engineer of any sizing requirements as mandated by the UP AP. Such detailed plans may be limited to a phase of the Property, and subsequent phases may be furnished trom time to time, However, each such phase shall conform to a master plan for the development of the Property and such master plan shall be submitted to Utility concurrent with or prior to submission of plans for the first phase, All such plans and specifications, including hard copy and electronic media, submitted to Utility's engineer shall be subject to the approval of Utility and shall conform to Utility's standards as set forth in the UPAP, and no construction shall commence until Utility has approved such plans and specifications in writing. After approval, Property Owner shall cause to be constructed, at Property Owner's expense, the Property Owner Facilities as shown on the plans and specifications. Fees, as set forth in the UPAP, shall be levied by Utility to cover the cost of plan review and inspection. The Property Owner shall also be required to pay the fees on Exhibit B to tills Agreement. 27 "",. '-' ...,.¡ .." During the construction of the potable water distribution, wastewater collection and reclaimed water distribution systems by Property Owner, Utility may rrom time to time inspect such installation to detennine compliance with the plans and specifications, adequacy of the quality of the installation, and further, shall be entitled to perfonn standard tests for pressure, infiltration, line and grade, and all other nonnal engineering tests to detennine that the system has been installed in accordance with the approved plans and specifications and the UP AP. Inspection by Utility shall in no way relieve the Property Owner of his responsibility to install the facilities in accordance with the approved plans and specifications and the UP AP. Complete as-built plans, including hard copy and electronic media when utilized, shall be submitted to Utility upon completion of construction. Property Owner hereby agrees to transfer to Utility title to all potable water distribution, wastewater collection and reclaimed water distribution systems installed by Property Owner's contractor pursuant to the provisions of this Agreement. Such conveyance is to take effect without further action upon the acceptance by Utility of the said installation. As further evidence of said transfer of title, upon the completion of the installation and prior to the rendering of service by Utility, Property Owner shall convey to Utility by Bill of Sale in a fonn provied in the UEP the complete on-site and off-site potable water distribution and wastewater collection system as constructed by Property Owner and approved by Utility, along with documentation of Property Owner's costs of construction and Property Owner's No Lien Affidavit, in fonn provided in the UEP. Subsequent to construction of the facilities and prior to receiving a meter(s) rrom Utility, Property Owner shall convey to Utility all easements and/or rights-of-way covering areas in which potable water, wastewater and reclaimed water lines are installed by a recordable docwnent in a fonn supplied by Utility. All conveyance of non-platted easements or rights-of-way shall be accompanied by a paid title policy for the benefit of Utility in a minimwn amOlUlt of: · $50.00 per linear foot of any granted utility easement (based on the centerline of the easement); and · $50,000.00 for a Utility-owned wastewater lift station (if not constructed within an existing utility easement), Said title policy shall confmn the Grantor's rights to convey such easements or rights-of-way, and further. evidencing Utility's right to the continuous enjoyment of such easements or rights- of-way for those purposes set forth in this Agreement. The use of easement(s) granted by Property Owner may be used by other utilities as long as such is approved by Utility. Utility's acceptance of the potable water distribution and wastewater collection system installed by Property Owner shall be in accordance with the provisions as set forth in the UP AP. All installations by Property Owner or its contractor shall be warranted for one year (or five years in the case of lift station pwnps and motor assemblies) rrom date of Final DEP Certification, Mortgagees holding liens on such properties shall be required to release such liens, subordinate their position, or join in the granting of the easements or rights-of-way. All potable water distribution, wastewater collection and reclaimed water facilities shall be located within an easement if not located within platted or dedicated rights-of-way. The timely payment by Property Owner of all fees in accordance with the tenns set forth herein shall be considered essential to the continued perfonnance by Utility of the tenns and conditions of this Agreement. The construction and transfer of ownership of the potable water distribution, wastewater collection and reclaimed water system does not and will not result in Utility waiving or offsetting any of its fees, rules or regulations, Property Owner shall not have any present or 28 '-'" '-' '-' ....,,; future right, title, claim, or interest in and to the potable water and wastewater facilities transferred to or owned by Utility. 8, Upon submission of this Agreement, Property Owner, at rus expense, agrees to furnish Utility with a copy of the recorded Warranty Deed for the purpose of establishing ownership of the Property. Any mortgagee or lien holder having an interest in the Property shall be required to execute a Consent and Joinder of MortgageelLienholder in the fonn as provided in the UEP. A Property Owner must submit either a title policy or a letter ITom an attorney licensed to do business in Florida confmning that either there is no mortgage or lien on the property or any mortgage or lien holder has properly executed a Consent and Joiner of MortgageelLienholder. The title policy or letter must be issued within thirty (30) days of submittal of the SDA. 9. Property Owner agrees with Utility that all potable water, wastewater and reclaimed water facilities conveyed to Utility for use in connection with providing potable water, wastewater and reclaimed water service to the Property, shall at all times remain in the complete and exclusive ownership of Utility, and any entity owning any part of the Property or any residence or building constructed or located thereon, shall not have the right, title, claim or interest in and to such facilities, or any part of them, for any pmpose, In addition, Utility shall have the exclusive right and privilege to provide potable water, wastewater and reclaimed water services to the Property and to the occupants of each residence or building constructed thereon. 10. Notwithstanding any provision in this Agreement, Utility may establish, revise, modifY and enforce rules, regulations and fees covering the provision of potable water and wastewater service to the Property. Such rules, regulations and fees are subject to the approval of Utility. Such rules, regulations and fees shall be reasonable and subject to regulation as may be provided by law or contract. Fees charged to Property Owner or Customers located upon the Property shall be identical to fees charged for the same classification of service by Utility. All rules, regulations and fees as set forth in the UPAP, shall be binding upon Property Owner, upon any other entity holding by, through or under Property Owner, and upon any Customer of the potable water and wastewater service provided to the Property by Utility. Said rules and regulations include, but are not limited to, Service Initiation, oversizing of facilities, use of previously oversized facilities or extension of facilities. II, Property Owner or its assignee shall not have the right to and shall not connect to the potable water and wastewater facilities of Utility until approval for such connection has been granted by Utility. The parties hereto further agree that the expense of construction, operation and maintenance of all improvements beyond the Point of Service shall be the sole cost and expense of the Property Owner of its assignee or other than Utility. 12. The sale, conveyance, transfer or assignment of this Agreement by the Property Owner shall only be perfonned in accordance with the provisions ofUPAP. 13, All notices provided for herein shall be in writing and transmitted by mail or by courier, and, if to Property Owner shall be mailed or delivered to Property Owner at: With a copy to: 29 - \wt '-' -...I ....." and ifto Utility, shall be mailed to Utility at: St. Lucie County Utilities Director 2300 Virginia Ave., Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 14, The rights, privileges, obligations and covenants of Property Owner and Utility shall survive the completion of the work of Property Owner with respect to completing the potable water and wastewater fucilities and services to any phased area and to the Property as a whole. 15. Unless Property Owner is requesting additional capacity for the property described in Exhibit "A", this Agreement shall supersede, null and void, all previous agreements or representations, either verbal or written, heretofore in effect between Property Owner and Utility, made with respect to the matter herein contained, and when duly executed, constitutes the entire agreement between the Property Owner and Utility. No additions, alterations or variations of tenns of this Agreement shall be valid, nor can provisions of this Agreement be waived by either party, unless such additions, alterations, variations or waiver are expressed in writing and duly signed by the parties hereto. This Agreement shall be governed by the laws of the State of Florida and shall become effective upon execution by the parties hereto. The venue for actions arising out of this Agreement is in St. Lucie County, Florida, 16. Special Conditions: a. Best Efforts, Utility shall use its best efforts to provide water and wastewater capacity for the Property by , 200-, in accordance with Property Owner's development time schedule. Property Owner acknowledges that due to environmental pennitting, securing of plant and line siting rights, public procurement processes and construction schedules, the timing of provision of capacity to the Property is an estimate only and cannot be guaranteed by Utility. Property Owner represents to Utility that Property Owner is not relying upon the estimate of time set forth above, and that Utility shall not be responsible for any damages, whether direct, indirect or consequential, incurred as a result of, arising out of or related to Utility's inability to provide capacity to the Property in accordance with Property Owner's development time schedule. b. Property Owner acknowledges that Utility is in the process of developing a new UP AP, and that Property Owner shall be subject to the new UPAP when [maIly adopted by St. Lucie County, 30 '-" ~ ...,.¡ '..., c. (i) As a substitute for Property Owner's payment of Connection Fees and the TAA due upon execution of this Agreement, Property Owner may request Utility to levy against the Property a voluntary capital project assessment ("Capital Project Assessment") as defined in Section 197.3632, Florida Statutes, as amended from time to time ("Assessment Statute") for the purpose of constructing utility infrastructure necessary to provide utility service to the Property, to be levied by Utility against the Property upon execution of this Agreement. This request must be submitted by Property Owner to Utility upon execution of the Agreement by Property Owner, absent which Property Owner shall be deemed to have waived the request and agreed to make payment upon acceptance and execution of this Agreement by Utility, The total Capital Project Assessment amount to be levied shall initially equal $ ("Estimated Assessment Amount"). The Estimated Assessment Amount includes the costs to be incurred by Utility to create and administer the Capital Project Assessment program and secure project finance (the "Assessment Administrative Costs"), Property Owner acknowledges and agrees that the Capital Project Assessment provides a special benefit to the Property, and that the value of such special benefit exceeds the amount of the Estimated Assessment Amount. (ii) Property Owner acknowledges that Utility intends to utilize the uniform method of collecting the Capital Project Assessment as provided in the Assessment Statute ("Uniform Method") and that failure to pay the Capital Project Assessment will cause a tax certificate to be issued against the Property which may result in a loss of title. Property Owner understands that it has the ,right to notice of a public hearing on the Capital Project Assessment, the right appear at a hearing before the County Commission and to file written objections, and other notice and due process rights as a property owner prior to final levy and adoption of a Capital Project Assessment, as provided by the Assessment Statute ("Assessment Rights"). Property Owner knowingly, and with full knowledge of such rights, and after consultation with legal counsel, waives such Assessment Rights, provided, however, Property Owner retains all rights as a property owner provided in Chapter 197, Florida Statutes, with respect to the payment and collection of a Capital Project Assessment. Utility retains the right to collect the Capital Project Assessment by means other than the Uniform Method, Property Owner further acknowledges and agrees that Utility may record a Capital Project Assessment lien against the Property. (iii) The Capital Project Assessment and Utility's obligation to construct or have constructed the utility infrastructure needed to provide utility service to Developer's Property is conditioned upon the ability of Utility to borrow the Estimated Assessment Amount in a non-recourse financing secured solely by the Capital Project Assessment with no other pledge of security by Utility, with an interest rate, payment tenns, and other conditions satisfactory to a lender ("Lender") and Utility (the "Assessment Financing"). (iv) In the event that Utility is not able to secure and close an Assessment Financing within sixty (60) days of execution of this Agreement, then Utility shall not levy the Capital Project Assessment and Property Owner shall have the option of paying Utility the Estimated Assessment Amount as a condition to Utility constructing the required utility infrastructure and providing utility service to the Property or delaying the provision of utility service to the Property until funding for the utility infrastructure has been obtained. Utility's best efforts estimate of the time required to construct the utility infrastructure and provide utility service to the Property as set forth in subsection a. above, shall be extended by such additional time that it may take for Property Owner to pay the Estimated Assessment Amount to Utility, 31 ~ '-' ...,.¡ ...", (d) (i) As a substitute for Property Owner's cash payment of Connection Fees and TAA due upon execution of this Agreement, Property Owner may enter into the following tenn cash payment program by delivering Utility written notice of such election upon execution of this Agreement by Property Owner, (ii) Property Owner has provided Utility the schedule set forth below of its best estimate of the number ofERC's that it anticipates will be constructed on the Property and the timing for their connection to the Utility System. Utility has structured a financing of the construction of its Utility facilities necessary to provide service to the Property based upon the receipt of the required Connection Fees, TAA and financing charges when these ERC's connect to the Utility System. To guarantee to Utility that the ERC's set forth on the schedule below meet the connection schedule and that Property Owner makes payment to Utility of the required Connection Fees, TAA and financing charges Property Owner hereby agrees to provide Utility a backup funding source in the event that the minimum number of connections of ERC's to Utility's facilities per quarter (Minimum Quarterly Requirement) set forth in the schedule below and the payment of Connection Fees, TAA and financing charges for such ERC's do not occur: Minimum Number Amount of Connection Date by Which Connection ofERC's Fees and TAA and Required Financin!! Costs Due Total ERC's Total Amount Any connections made to the Utility System shall be credited towards the Minimum Quarterly Requirements. Any connections made to the Utility System in excess of a given Minimum QuarterlY Requirement shall be carried over and applied to the next Minimum Quarterly Requirement. In the event that Utility reasonably detennines that a given Minimum Quarterly Requirement will not be met by the Date of Required Connection, Utility shall provide Property Owner with written notice of the ERC shortfall anticipated (an "ERC Shortfall"). Upon receipt of the written notice, Property Owner shall pay Utility Connection Fees and TAA for the number of ERC's in the ERC Shortfall written notice (a "Shortfall Payment"). Shortfall Payments shall be payable by Property Owner to Utility on or before the Date of Required Connection for the given Minimum Quarterly Requirement. To secure the payment of Shortfall Payments above, upon execution of this Agreement by Utility, Property Owner shall deliver to Utility, a Letter of Credit in the aggregate amount of Dollars and Cents ($ ). "Letter of Credit" means an irrevocable standby letter of credit in fonn and substance satisfactory to Utility, that is delivered to and issued for the benefit of Utility by a United States financial institution acceptable to Utility to secure the obligations of Property Owner under this Section l6( d), and that provides for indefinite annual automatic renewals, unless Utility receives written notice from the issuer of the Letter of Credit no less than sixty (60) days prior to the Letter of Credit's then applicable expiration date of issuer's election not to renew the Letter of Credit. Property Owner, Utility and the issuer may, from time to time, agree to cancel the letter of credit, provided that another United States financial institution acceptable to Utility is irrevocably committed to issue another irrevocable standby lctter of credit in fonn and 32 ~ 'w ...,.¡ ~ substance satisfactory to Utility in its sole and absolute discretion or some other fonn of credit enhancement ("Credit Enhancement") is delivered to Utility. Notwithstanding anything in this Section 16( d) to the contrary, Utility may draw fully on any Letter of Credit on its expiration date unless such Letter of Credit has been extended or replaced by another Credit Enhancement as set forth above. The Letters of Credit, and any subsequent Credit Enhancements securing the obligations of Property Owner to Utility shall at all times be in an amount greater than or equal to the outstanding Connection Fees and TAA owed by Property Owner to Utility under this Agreement. In the event that Property Owner does not make a Shortfall Payment as required above on or before the Date of Required Connection, then the Utility, or Utility's trust designee, is authorized, without notice, to draw on the Letter of Credit or substitute Credit Enhancement (a "Shortfall Withdrawal"), an amount equal to the Shortfall Payment. Upon payment by Property Owner to Utility of a Minimum Monthly Requirement, Property Owner may, with the written acknowledgement of Utility that said payment was received, request the issuer of the Letter of Credit reduce the aggregate amount of the Letter of Credit by the amount of the payment of the Minimum Monthly Requirement acknowledged by Utility. Upon satisfaction by Property Owner of all of its Minimum Quarterly Requirements, Utility shall cancel and return the Letter of Credit to Property Owner. (iii) Utility's obligation to construct or have constructed the utility infrastructure needed to provide utility service to Property Owner's Property is conditioned upon the ability of Utility to borrow the total amount of $ in a non-recourse fInancing secured solely by Property Owner's obligation under this Section 16(d) and Letter of Credit with no other pledge of security by Utility, with an interest rate, payment tenns, and other conditions satisfactory to a lender ("Lender") and Utility (the "LOC Financing"), (iv) In the event that Utility is not able to secure and. close an LOC Financing within sixty (60) days of execution of this Agreement, then Property Owner shall have the option of paying Utility the total amount of $ as a condition to Utility constructing the required utility infrastructure and providing utility service to the Property, or delaying the provision of utility service to the Property until funding for the utility infrastructure has been obtained. Utility's best efforts estimate of the time required to construct the utility infrastructure and provide utility service to the Property as set forth in Section 16(a) above, shall be extended by such additional time that it may take for Property Owner to pay the total amount of $ to Utility. [remainder of page intentionally left blank] 33 '-' '-' ...." ...., IN WITNESS WHEREOF, Property Owner and Utility have executed or have caused this Agreement, with the named Exhibits attached, to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Agreement. ST. LUCIE COUNTY, FLORIDA: By: County Administrator Approved as to Form and Correctness: County Attorney WITNESSES: PROPERTY OWNER: Print Name: By: Print Name: Its: 34 \w. '-" 'wJI ~ NOTARY CERTIFICATE STATE OF FLORIDA COUNTY The foregoing instrument was acknowledged before me this day of , 20 by , on behalf of the company, He/she is personally known to me or has produced as identification, Signature of Notary Typed, Printed, or Stamped Name of Notary Public Serial Number Notary JOINDER AND CONSENT OF MORTGAGEE , being the holder of that certain mortgage dated the _ day of ,20_, and recorded the day of , 20_, in Official Record Book , at Page , of the Public Records of St. Lucie County, Florida, hereby consents and subordinates its mortgage to the utility easements contemplated in the forgoing Standard Potable Water and Wastewater Development Agreement. WITNESSES: MORTGAGE HOLDER: By: Title: Print Name: NOTARY CERTIFICATE STATE OF FLORIDA COUNTY The foregoing instrument was acknowledged before me this 20 by , of corporation. He/she is personally known to me or has produced identification. day of , , on behalf of the as Signature of Notary Typed, Printed, or Stamped Name of Notary Public Serial Number Notary 35 \w '-' ~ EXHIBIT "A" PROPERTY DESCRIPTION 36 "wi '-' '-' EXHIBIT B SCHEDULE OF FEES CONNECTION CHARGES ERC's x $5400,00 per ERC (AMOUNT DUE UPON EXECUTION OF AGREEMENT: SEE SECTION 16(0) ABOVE) GUARANTEED REVENUE FEES: TAA _____ ERC's x $812,50 per ERC (AMOUNT DUE UPON EXECUTION OF AGREEMENT: SEE SECTION 16(0) ABOVE) DOCUMENT RECORDING FEE: (15 PAGES) ($10,00 first page/$8.50 additional) (AMOUNT DUE UPON EXECUTION OF AGREEMENT) PLAN REVIEW FEE (MINIMUM OF $1,000,00 DUE UPON EXECUTION OF AGREEMENT, WITH ACTUAL COST PAYABLE PRIOR TO REGULATORY SIGN-OFF) INSPECTION FEES (2% OF THE ENGINEER'S CERTIFIED CONSTRUCTION COST ESTIMATE) (AMOUNT DUE PRIOR TO REGULATORY SIGN-OFF) ADMINISTRATION FEE: (MINIMUM OF $5,000.00 DUE UPON EXECUTION OF AGREEMENT, WITH ACTUAL COST PAYABLE PRIOR TO METER SET FOR FIRST USER) WATER METER/BACKFLOW CHARGE: (TO BE PAID PRIOR TO METER SET FOR EACH USER: UTILITY WILL REQUIRE RADIO-READ WATER METERS FOR ALL METER SETS WITHIN THE PROPERTY) WATER SECURITY DEPOSIT: (TO BE PAID PRIOR TO METER SET FOR EACH USER) WASTEWATER SECURITY DEPOSIT: (TO BE PAID PRIOR TO METER SET FOR EACH USER) TOTAL DUE UPON EXECUTION OF AGREEMENT* (*SEE SECTION 16(0) ABOVE) 37 ...,.¡ ...., $ $ $129,00 . $1,000,00 TBD $5,000.00 $ '-' '-' 'wi ..." EXIllBIT "F" INSTRUCTIONS FOR STANDARD RECLAIMED WATER DEVELOPMENT AGREEMENTS All of the following instructions must be accurately satisfied to allow the District to accept your Agreement for approval. The applicant does not have a service commitment until the Agreement is approved. SUBMIT THREE (3) ORIGINAL REDLINES OF THE AGREEMENT, EACH WITH ORIGINAL SIGNATURES ONLY. 1. Leave the date blank. It will be filled in upon execution by the District. 2. The contracting party MUST be the owner ofthe property included in the SDA. SIGNATURE PAGE THIS IS THE MOST IMPORTANT PAGE. IT INDICATES THAT THE CONTRACTING PARTY AGREES WITH ALL THE PROVISIONS OF THE AGREEMENT. 1. Two different people must witness the Property Owner's signature. 2. If a corporation, please provide the full corporate name and state of incorporation, Le., SUNSHINE STATE CORPORATION, a Florida corporation. 3. If a corporation, the President or Vice President signing on behalf of the corporation is preferred. 4. If the entity is a Partnership; aU partners must sign unless the Partnership Agreement indicates otherwise. . 5, When signing as an officer of the Partnership, please indicate your title after your name, i,e., Larry Snow, General Partner. 6. The Corporate Seal must also be affixed to the Agreement. 7. In completing the Notary acknowledgment, please make sure your title also appears after your name. If an individual, please strike through any inapplicable language in the acknowledgment. Please indicate if individual is personally known or has furnished identification. 8. Please make certain the Notary affixes their seal and indicates the expiration date of their Commission. 9, Provide a COMPLETE legal description of the property to be encmnbered by the SDA as Exhibit "A". ADDITIONALLY, THE FOLLOWING DOCUMENTS MUST ALSO BE PROVIDED: 1. One (1) copy of the legal description and survey which must have been previously certified by a Registered Land Surveyor, in addition to the legal description required for Exhibit "A". 38 '-' '-' 'oJ ..., 2. For a Corporation, one copy of the following items is required: (a) a corporate resolution authorizing the appropriate officer or agent to sign the SDA (one original). (b) a corporate seal must be affixed near the authorized signature on the resolution, described above, as well as on the Agreement. (c) a current officer listing from the Florida Secretary of State (one copy), 3. One (1) original of a properly executed mortgagee joinder and consent form or a letter from an attorney licensed to do business in Florida confirming clear title for any property without a mortgage or lien. 4. Partnership, joint venture, and/or trust agreements, as applicable (one copy). 5. The Mandatory Agreement Payment must accompany the Agreement. 6. A copy ofthe owners recorded warranty deed to the property. 7. A Title Policy for the benefit of the District should be delivered to the District upon conveyance of an easement, where applicable. FOR USE IN EXECUTION OF CONSENT OF MORTGAGEE/LIENHOLDER 1. Fill in exact name(s) of party executing, exactly as on original mortgage, i,e., full corporate name, both husband and wife. 2. Name of parties of mortgage. 3. Date of mortgage. 4. Filing date of mortgage. 5. Book and page of mortgage. 6. Any modification agreements. 7. All parties of mortgagee. (Same as # 1) 8. All parties signature and/or corporate seals. Need two separate witnesses. 9, Acknowledgment - Fill in date of execution and all names and/or title. Notary's name, affix seal and expiration date of commission. I O. Cross out any inapplicable language in notary acknowledgment. PLEASE CALL TO MAKE AN APPOINTMENT OR RETURN COMPLETED PACKAGE TO: ST. LUCIE COUNTY CONTRACT MANAGEMENT DmŒCTOR 2300 Virginia Avenue Fort Pierce, FL 34982 (772) 462-1150 39 '-' \.r ...." ....,¡ Prepared by and Return to St. Lucie County Attn: County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 EXHIBIT "G" STANDARD RECLAIMED WATER DEVELOPMENT AGREEMENT (SDA) TillS AGREEMENT made and entered into this day of , 20-, by and between St. Lucie County Water and Wastewater Utility District, hereinafter referred to as "Utility", and , hereinafter referred to as "Property Owner". WITNESSETH WHEREAS, the Property Owner owns property located in St. Lucie County, Florida, and as more fully described in Exhibit "A", attached hereto and made a part hereof and hereinafter referred to as "Property", whereupon Property Owner has or is about to develop the Property by erecting thereon residential or non- residential improvements; and WHEREAS, Property Owner shall use only reclaimed water for irrigation purposes; and WHEREAS, to encourage and facilitate conservation of water resources, the parties desires to enter into this Agreement; and WHEREAS, Property Owner acknowledges that execution of this Agreement by Utility does not confer nor grant any land use or zoning approvals for the Property, nor does it assure or guarantee Property Owner that Property Owner has or will be able to obtain land use or zoning approvals for or be able to construct on the Property the number of ERC's for which Property Owner has voluntarily elected to reserve utility capacity under this Agreement. NOW THEREFORE, for and in consideration of these prenúses, the mutual undertakings and agreements herein contained and assumed, Property Owner and Utility hereby covenant and agree as follows: 1. The foregoing statements are true and correct. 2, The following definitions and references are given for the purpose of interpreting the teons as used in this Agreement and apply unless the context indicates a different meaning: (a) "USP" - the Utility Service Policy for water, wastewater and reclaimed water service by the Utility, as may be amended from time to time, which is incorporated herein by reference; (b) "UEP" - the Utility Extension Policy for water, wastewater and reclaimed water service by Utility, as may be amended from time to time, which is incorporated herein by reference. (c) "VCR" - the Utility Connection Regulations for water, wastewater and reclaimed water service, asgmay be amended from time to time, which is incorporated herein by reference, 40 / '-' \w ....,J '-' (d) "UPAP" - the Utility Extension Po1icy, Utility Service Policy, Utility Cormection Regulations and other policies and procedures adopted by the St. Lucie County (Utility), as may be amended rrom time to time, which is incorporated herein by reference. ( e) "Service" - the readiness and ability on the part of Utility to furnish reclaimed water to the Property; (f) "Point of Service" - generally, the point where the pipes or meters of Utility are cormected with pipes of the Property Owner as further defmed in the UPAP; (g) "Service Initiation" - the date a reclaimed water meter is set for a customer; 3. Property Owner hereby grants and gives to Utility the exclusive right and privilege to construct, own, maintain, operate and expand the reclaimed water facilities in, under, upon, over and across the present and future streets, roads, easements, reserved utility sites and public places as provided and dedicated to public use in the record plats, or as provided for in agreement, dedications or grants made otherwise and independent of said record plats. Utility covenants that it will use due diligence in ascertaining all easement locations; however, should Utility install any of its facilities outside a dedicated easement area, Property Owner covenants and agrees that Utility will not be required to move or relocate any facilities lying outside a dedicated easement area as long as the facilities do not interfere with the then or proposed use ofthe area in which the facilities have been installed. Property Owner shall obtain written approval rrom Utility prior to installing any structure or object, including, but not limited to, fences, gates, signs, trees or poles, within an easement area. In consideration of Utility's consent to an encroachment, Property Owner shall agree to indemnifY and hold Utility hannless rrom and against all liabilities, damages, penalties, claims costs and expenses, including attorney's fees at all levels, which may be imposed upon or asserted against Utility as a result of or in any way cormected to an encroachment approved by Utility. In the event the Utility detennines that it is necessary to construct, maintain, repair, remove or replace any of its facilities located under, over or upon an easement, Property Owner shall immediately remove the encroachment from the easement upon the request of Utility at Property Owner's sole cost and expense, IfProperty Owner fails to remove the encroachment, Utility shall have the right to remove the encroachment from the easement. Property Owner shall pay all costs related to removing the encroachment rrom the easement incurred by the Utility. Property Owner hereby further agrees that the foregoing grants include the necessary rights of ingress and egress to any part of the Property which Utility requests for the maintenance, operation or expansion of the reclaimed water facilities; that in the event Utility is required or desires to install any of its reclaimed water facilities in lands within the Property lying outside the streets and easement areas described above, then Property Owner shall grant to Utility, without cost or expense to Uti1ity, the necessary easement or easements for such installations; provided, all such installations by Utility shall be made in such a manner as not to interfere with the then primary use of such Property. Property Owner, as further consideration of this Agreement, and in order to effectuate the foregoing grants to Utility, hereby places the following covenant, as a covenant running with the land, upon the Property and thereby subjecting it to a reservation, condition, limitation or restriction in favor of Utility, as follows: Utility, or its successors, has the sole and exclusive right to provide all reclaimed water facilities and services to the Property described in Exhibit "A". All occupants of any residential or non-residential improvement erected or located on the Property, and all subsequent or future owners or purchasers of the Property, or any portion thereof, shall exclusively receive their reclaimed water service from the aforesaid Utility, and shall pay for same and shall abide by the tenns and intent of this Agreement and the UP AP for as long as the aforesaid Utility provides such services to the Property. Further, all occupants of any 41 - ....' '-" '-' ...." ..., residential or non-residential improvement erected or located on the Property, and all subsequent or future owners or purchasers of the Property, or any portion thereof, agree by occupying any premises on the Property or by recording any deed of conveyance with respect to the Property, that they will not construct or otherwise make available or use reclaimed water service from any source other than that provided by Utility. Further, in order to give an additional and supplementary notice to all the future Property Owners of any of the Property of the rights of Utility to provide the Property with reclaimed water facilities and services, the Property Owner hereby covenants and agrees to havè the above restrictive covenant or its equivalent included in the general subdivision restrictions and to place the same of record in the Public Records of St. Lucie County, Florida. 4. Upon the continued accomplislnnent of all the prerequisites contained in this Agreement to be perfonned by the Property Owner, Utility covenants and agrees that it will allow the connection of the reclaimed water facilities installed by Property Owner to the reclaimed water facilities of Utility in accordance with the tenns and intent of this Agreement and the UPAP. Such connection and reclaimed water usage by the Property Owner shall be in accordance with rules and regulations of the Health Department, the Department of Environmental Protection and the UP AP. Utility does not guarantee that reclaimed water capacity will be available to Property Owner as and when requested by Property Owner. 5. Property Owner is required to pay Guaranteed Revenue Fees in order to support investment in plant facilities, as well as the fixed costs of maintaining such facilities and the ill1used capacity it represents, Therefore, Property Owner agrees to pay in accordance with the UPAP, a Total Accrued Amount ("T AA") per each ERIC for the requested capacity upon Service Initiation. Upon receipt of the TAA, Utility agrees to reserve _ ERIC's of reclaimed water system capacity for Property Owner for a tenn of five (5) years, which tenn may be extended in accordance with the UPAP, as may be amended trom time to time, and upon payment of applicable fees. Property Owner acknowledges and agrees Utility shall not refund or reimburse the T AA upon expiration. Property Owner shall cause to be prepared engineering plans and specifications prepared by and sealed by a professional engineer registered in the State of Florida showing the on-site and off-site reclaimed water systems for the Property. Utility will advise Property Owner's engineer of any sizing requirements as mandated by the UPAP. Such detailed plans may be limited to a phase of the Property, and subsequent phases may be furnished from time to time. However, each such phase shall confonn to a master plan for the development of the Property and such master plan shall be submitted to Utility concurrent with or prior to submission of plans for the first phase. All such plans and specifications, including hard copy and electronic media, submitted to Utility's engineer shall be subject to the approval of Utility and shall confonn to the Utility's standards as set forth in the UP AP, and no construction sl1a11 commence until Utility has approved such plans and specifications in writing, After approval, Property Owner shall cause to be constructed, at Property Owner's expense, the reclaimed water system as shown on the plans and specifications. Fees, as set forth in the UPAP, shall be levied to cover the cost of the plan review and inspection. The Property Owner shall be required to pay connection fees and installation fees as set forth in the UP AP for each connection. During the construction of the reclaimed water system by Property Owner, Utility may trom time to time inspect such installation to determine compliance with the plans and specifications, adequacy of the quality of the installation, and further, shall be entitled to perfonn standard tests for pressure, infiltration, line and grade, and all other nonnal engineering tests to detennine that the system has been installed in accordance with the approved plans and specifications and the UPAP. Inspection by the Utility shall in 42 - , '-" ...... ...,I ., no way relieve the Property Owner of his responsibility to install the facilities in accordance with the approved plans and specifications and the UP AP. Complete as-built plans, including hard copy and electronic media when utilized, shall be submitted to Utility upon completion of construction. Upon completion of said facilities, Utility hereby agrees to accept ownership of the reclaimed water facilities for operation and maintenance purposes. Property Owner also hereby covenants and agrees to design and/or modify his internal irrigation system, at his sole cost, to accept reclaimed water rrom the Utility, and to design and operate said system within the guidelines for reclaimed water as outlined in the then current UP AP. 6. Property Owner hereby agrees to transfer to Utility title to all reclaimed water distribution systems installed by Property Owner's contractor up to the point of service, pursuant to the provisions of this Agreement. Such conveyance is to take effect without further action upon the acceptance by Utility of said installation. As further evidence of said transfer of title, upon the completion of the installation and prior to the rendering of service by Utility, Property Owner shall convey to Utility in a fonn supplied by the Utility the complete on-site and off-site reclaimed water distribution system as constructed by Property Owner and approved by Utility, along with the required Cost Documentation and Property Owner's No Lien Affidavit. Subsequent to construction of the facilities and prior to receiving a meter(s) from Utility, Property Owner shall convey to Utility all easements and/or rights-of-way covering areas in which reclaimed water lines are installed by a recordable document in a fonn supplied by Utility. All conveyance of easements or rights-of-way shall be accompanied by a paid title policy for the benefit of Utility in a minimum amount of $50.00 per linear foot of any granted utility easement (based on the centerline of the easement), Said title policy shall confinn the Grantor's right to convey such easements or rights-of-way, and further, evidencing Utility's right to the continuous enjoyment of such easements or rights-of-way for those purposes set forth in this Agreement. The use of easements granted by Property Owner may be used by other utilities as long as such use is approved by the Utility. Utility's acceptance of the reclaimed water system installed by Property Owner shall be in accordance with the provisions as set forth in the UP AP. All installations by Property Owner or its contractor shall be warranted for one year from date of Final DEP Certification. Mortgagees holding liens on such properties shall be required to release such liens, subordinate their position, or join in the granting of the easement or rights-of-way. All reclaimed water facilities shall be lòcated within an easement if not located within platted or dedicated rights-of-way. Property Owner hereby agrees to pay to Utility Guaranteed Revenue Fees, Connection Fees, Service Installation Fees, and other fees as set forth in the UP AP at the then current rate. The timely payment by Property Owner of all fees in accordance with the tenns set forth herein, shall be considered essential to the continued perfonnance by Utility of the tenns and conditions of this Agreement, The construction and transfer of ownership of the reclaimed water facilities does not and will not result in Utility waiving or offsetting any of its fees, rules or regulations. Property Owner shall not have any present or future right, title, claim, or interest in and to the reclaimed water facilities transferred to or owned by Utility. 7, Upon submission of this Agreement, Property Owner, at his expense, agrees to furnish Utility with a copy of the recorded Warranty Deed for the purpose of establishing ownership of the Property. Any mortgagee or lien holder having an interest in the Property shall be required to execute a Consent and Joinder of Mortgagee/Lienholder as supplied by the Utility, A Property Owner must submit either a title policy or a letter from an attorney licensed to do business in Florida confinning that there is no mortgage or lien on the property. The title policy or letter must be issued within thirty (30) days of submittal of the SDA.. 43 f '-'" "w' ....¡ ..., 8. Property Owner agrees with Utility that all reclaimed water facilities conveyed to Utility to use in connection with providing reclaimed water service to the Property, shall at all times remain in the complete and exclusive ownership of Utility, and any entity owning any part of the Property or any residence or building constructed or located thereon, shall not have the right, title, claim or interest in and to such facilities, or any part of them, for any pmpose, In addition, Utility shall have the exclusive right and privilege to provide reclaimed water service to the Property and to the occupants of each residence or building constructed thereon. 9. Notwithstanding any provision in this Agreement, Utility may establish, revise, modify and enforce rules, regulations and fees covering the provision of reclaimed water service to the Property. Such rules, regulations and fees are subject to the approval of the Utility. Such rules, regulations and fees shall be reasonable and subject to regulation as may be provided by law or contract. Fees charged to Property Owner or Customers located upon the Property shall be identical to fees charged for the same classification of service by the District. All rules, regulations and fees as set forth in the UP AP, shall be binding upon Property Owner, upon any other entity holding by, through or under Property Owner, and upon any Customer of the reclaimed water service provided to the Property by Utility. Said rules and regulations include, but are not limited to, Service Initiation, oversizing of facilities, use of previously oversized facilities or extension of facilities. Any fee or rate delinquent more than 120 days will automatically void this Standard Development Agreement. 10. Property Owner or his assignee shall not have the right to and shall not connect to the reclaimed water facilities of Utility until approval for such connection has been granted by the Utility, The parties hereto further agree that the expense of construction, operation, and maintenance of all improvements beyond the Point of Service shall be the sole cost and expense of the Property Owner or other than Utility. In addition, the Property Owner of his Assignee agrees to comply with all rules and regulations of the UP AP, HRS and DEP pertaining to the Reclaimed Water Irrigation Systems. 11. The sale, conveyance, transfer or assignment of this Agreement by the Property Owner shall only be perfonned in accordance with the provisions of UP AP. 12. All notices provided for herein shall be in writing and transmitted by mail or by courier, and, if to Property Owner shall be mailed or delivered to Property Owner at: and if to the District, shall be mailed to the District at: St. Lucie County District Utilities Director 2300 Virginia Ave., Annex Fort Pierce, Florida 34982 13. The rights, privileges, obligations and covenants of Property Owner and Utility shall survive the completion of the work of Property Owner with respect to completing the reclaimed water facilities and services to any phased area and/or to the Property as a whole, 14. Unless Property Owner is requesting additional capacity for the property described in Exhibit" A", tlús Agreement shall supersede, null and void all previous agreements or representations either verbal or written heretofore in effect between Property Owner and Utility made with respect to the matter 44 r '-" '-' --' "wi contained herein, and when duly executed, constitutes the entire agreement between the Property Owner and Utility. No additions, alterations or variations of tenns of this Agreement shall be valid, nor can provisions of this Agreement be waived by either party, unless such additions, alterations, variations or waiver are expressed in writing and duly signed by the parties hereto. l1ùs Agreement shall be governed by the laws of the State of Florida and shall become effective upon execution by the parties hereto, The venue for actions arising out of this Agreement is in S1. Lucie County, Florida, 15. Special Conditions: 45 .... I ~ '-' ...,.¡ .."" IN WITNESS WHEREOF, Property Owner and Utility have executed or have caused this Agreement, with the named Exhibit attached, to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Agreement WITNESSES: ST. LUCIE COUNTY, FLORIDA: By: County Administrator Approved as to Fonn and Correctness County Attorney WITNESSES: PROPERTY OWNER: By: Signature Title Typed or Printed Name NOTARY CERTIFICATE STATE 01<' FLORIDA COUNTY The foregoing instrument was acknowledged before me this day of W ~ ~a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. Signature of Notary Typed, Printed, or Stamped Name of Notary Notary Public Serial Nmnber 46 , ~. '-' ....,; ...,., EXHIBIT "A" LEGAL DESCRIPTION (THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 47 < '-'" '-' ....,; .~ Agenda Request Item Number Date: 5Ï4 08/02105 Consent Regular Public Hearing Leg. [ ] [ ] [ ] [X] Quasi-JD [ X ] To: Submitted By: Board of County Commissioners Growth Management Presented By ì '.- . -'ö.'._~~-_"';.._... ----- ~ ...--, '--- Assistant County Administrator SUBJECT: Consider Draft Resolution 05-023 granting approval to the petition of Kolter Property Company, for a Change in Zoning from the AR-1 (Agricultural, Residential- 1 dulacre) Zoning District to the PUD (Planned Unit Development - Island Club) Zoning District and Final Planned Unit Development approval for the project known as Parcel 34 E @ The Reserve (Island Club) a 19,172 square foot clubhouse with a swimming pool, basketball court, and tennis court. BACKGROUND: Kolter Property Company, has submitted a Final Planned Unit development site plan for Parcel 34 E @ the Reserve (alk/a Island Club). Kolter Property Company is proposing the development of this parcel for a 19,172 square foot clubhouse. The subject property is located at the eastern terminus of One-Shot Lane. The proposed clubhouse and associated amenities are consistent with the approved DRI, existing and proposed land uses in the area, and with the previously approved Preliminary Development Plan for the Reserve. Koller has not provided staff with additional information, but plans to make a presentation to the Board. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On Aprii 19, 2005, this Board continued the public hearing to the August 2,2005, Board of County Commissioners meeting in order to allow the developer time to provide an alternate site for the proposed clubhouse, On March 15, 2005, this Board granted a 30 day continuation requested by the applicant to April 19, 2005. On March 1, 2005, this board continued the public hearing to March 15, 2005. RECOMMENDATION: Attached is Draft Resolution 05-023, which would approve the petitioner's request for Final Planned Unit Development for a clubhouse and associated amenities to be known as Parcel 34 E @ the Reserve (Island Club). Staff has not received any additional information since April 19, 2005 on the location of the Island Club. Given this and as staff is also in the process of reviewing other issues related to the Reserve DRI, it is recommended the Board of County Commissioners continue the hearing to a date uncertain. COMMISSION ACTION: 00 APPROVED D DENIED D OTHER Approved 5-0 Motion to that it may be heard. continue to October 4. 2005 at 6pm or as soon thereafter Douglas M. Anderson County Administrator CountyAttomey ~ Originating Dept.: Finance: Coordination! Signatures Mgt. & Budget: Environ. Res. Division: ~ß Purchasing: Other: "'" '-" ...,.¡ ...., Commission Review: August 2, 2005 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners FROM: Assistant County Administrator DATE: July 26, 2005 SUBJECT: Application of Kolter Property Company, for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the PUD (Planned Unit Development - Island Club) Zoning District and Final Planned Unit Development approval for the project known as Parcel 34 E @ The Reserve (Island Club) a 19,172 square foot clubhouse with a swimming pool, basketball court, and tennis court. Kolter Property Company, has submitted a Final Planned Unit development site plan for Parcel 34 E @ the Reserve (aIkIa Island Club). Kolter Property Company is proposing the development of this parcel for a 19,172 square foot clubhouse. The subject property is located at the eastem terminus of One-Shot Lane. On March 1, 2005, the Board of County Commissioners heard the petition and continued the hearing until March 15, 2005. The Board directed the applicant to determine if the proposed location of the Island Club was appropriate due to its location in the southeast portion of The Reserve development. On March 15, 2005, the applicant requested a 30 day continuance of the public hearing on this item in order to explore other areas in The Reserve in which the project could possibly be located. On April 19, 2005, this Board continued the public hearing to the August 2, 2005, Board of County Commissioners meeting to allow the developer time to explore an alternate site for the proposed clubhouse. Staff has been informed that Kolter Property Company would like to locate the Island Club in the originally proposed location. No other information has been submitted. The petitioner will be present at the Board's hearing of August 2, 2005, to make a presentation. Attached are the staff report of March 1, 2005, and Draft Resolution 05-023, which would approve the petitioner's request for Final Planned Unit Development for a clubhouse and associated amenities to be known as Parcel 34 E @ the Reserve (Island Club). Staff has not received any additional information since April 19, 2005, on the location of the Island Club. Given this and as staff is also in the process of reviewing other issues related to The Reserve DRI, it is recommended the Board of County Commissioners continue the hearing to a date uncertain. ~~---- - ~ ~ ...,.¡ ..J July 26, 2005 Page 2 Subject Kolter Property Company Final PUD Please contact this office if you have any questions on this matter. SUBMITTED: ------:t ~ ~-~ ~ Faye Outlaw Assistant County Administrator hf cc: Greg Boggs, ASLA 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 05-023 FILE NO.: PUD-04-033 A RESOLUTION GRANTING A CHANGE IN ZONING FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA AND FOR FINAL DEVELOPMENT PLAN APPROVAL FOR THE PROJECT KNOWN AS ISLAND CLUB (PARCEL 34E) @ THE RESERVE 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: CHANGE IN ZONING 1. Kolter Property Company, presented a petition for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the PUD (Planned Unit Development - Island Club) Zoning District for certain property in St. Lucie County, Florida depicted on the attached maps as Exhibit "B" and described in Part A below. 2. On April 27, 1989, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due public notice was published in the Ft. Pierce News Tribune and mailed to all property owners within 500 feet at least 15 days prior to the hearing, and recommended to this Board that the requested change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the PUD (Planned Unit Development -Island Club) Zoning District, be granted. 3. On August 18 1998, after holding a public hearing, of which a notice of such hearing was published in the Ft. Pierce Tribune and the Port St. Lucie News, and after notifying by mail all property owners within 500 feet of the subject property, this Board, through Resolution 98-150, granted approval to the Major Adjustment petition of Reserve Homes Ltd., L.P" for a Revised Preliminary Planned Unit Development Site Plan for the project known as PUD II at the Reserve. 4. On March 1, 2005, this Board held a public hearing on the petition of Reserve Homes Ltd., after publishing a notice of'such hearing in the Tribune and the Port St. Lucie News and notifying by mail all property owners within the Reserve Development. That public hearing was continued until March 15,2005, 5. On March 15 2005, this Board held a public hearing on the petition of Reserve Homes Ltd. The public hearing was continued until April 19, 2005. 6. On April 19, 2005, this Board held a public hearing on the petition of Reserve Homes Ltd. The public hearing was continued until August 2, 2005. 7. On August 2, 2005, this Board held a public hearing on the petition of Reserve Homes Ltd. File No.: PUD-04-033 August 2, 2005 Resolution 05-023 Page 1 1 8. 2 3 4 5 6 7 8 9. 9 10 11 12 13 14 15 10. 16 17 18 19 20 21 22 23 11. 24 25 26 27 28 29 12. 30 31 32 33 13. 34 35 36 37 38 39 14. 40 41 42 43 44 15. 45 46 47 - - ----~~ ~ '-' -...I '-' ....,; The proposed zoning change is consistent with the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. SITE PLAN On May 23, 1989, after holding a public hearing, of which a notice of such hearing was published in the Ft. Pierce Tribune and after notifying by mail all owners of property within 500 feet of the subject property, this Board, through Resolution 89-143, granted approval to the petition of Callaway Land and Cattle Company for the Preliminary Planned Unit Development Site Plans for the project to be known as PUD II @ the Reserve. On August 18, 1998, after holding a public hearing, of which a notice of such hearing was published in the Ft. Pierce Tribune and the Port St. Lucie News, and after notifying by mail all owners of property within 500 feet of the subject property, this Board, through Resolution 98-150, granted approval to the Major Adjustment petition of Reserve Homes Ltd., L.P" for Revised Preliminary Planned Unit Development Site Plans for the project to be known as PUD II @ the Reserve. On March 1, 2005, this Board held a public hearing on the petition of Reserve Homes, Ltd., L. P., for Final Planned Unit Development approval for Parcel 34E @ the Reserve, Island Club, after publishing a notice of such hearing in the Ft. Pierce Tribune and Port St. Lucie News and notifying by mail all owners of property within 500 feet of the subject property. The petitioner, Reserve Homes Ltd., L. P., is now seeking Final Planned Unit Development site plan approval for a portion of the area within PUD II at the Reserve, known as Parcel 34E @ the Reserve, Island Club. The Development Review Committee has reviewed the Final Planned Unit Development site plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part C of this Resolution. The Development Review Committee has reviewed the Final Planned Unit Development site plan for the proposed project and found it to be consistent with the Preliminary Planned Unit Development plans for the area known as PUD II @ the Reserve. subject to the conditions set forth in Part C of this Resolution. 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. File No.: PUD-04-033 August 2. 2005 Resolution 05-023 Page 2 - ~~ -- '-' ..", '-' ....,; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 16. 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. 17. 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. 18. 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. 19. The proposed project will be served by adequate public facilities and services. 20. The applicant has demonstrated that water supply, evacuation facilities and emergency access are satisfactory to provide adequate fire protection, 21. A Certificate of Capacity, a copy of which is attached to this Resolution, was granted by the Growth Management Director on April 19, 2005. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: CHANGE IN ZONING A. The property on which the change in zoning from the AR-1 (Agricultural, Residential- 1 du/acre) Zoning District to the PUD (Planned Unit Development- Island Club) Zoning District is being granted is described as follows: 343639 FROM NE COR OF SEC 34 RUN N 894643 E ALG N LI OF SEC 35 123,45 FT TO WLY R/W LI OF FPL ESMT,TH S 00 00 11 W ALG WLY LI 1141,77 FT TO POB,TH CONT S ALG WL Y RIW LI 472,41 FT TO CURVE CONC NW,R OF 5065 FT,TH SLY ALG ARC 2204.74 FT TO CURVE CONC SE,R OF 2035 FT,TH SEL Y ALG ARC 572.01 FT,TH S 89 52 24 W 1011.40 FT,TH N 00 07 06 W 85.73 FT TO CURVE CONC SE,R OF 180 FT,TH NWLY430.76 FT,TH N 65 3612 E 97.24 FT,TH N 091514 W 378.85 FT TO CURVE CONC N,R OF 680 FT,TH ELY ALG ARC 400.26 FT,TH N 30 5703 E 180 FT TO CURVE CONC N,R OF 500 FT,TH ELY ALG ARC 472.36 FT,TH S 231040 W 130 FT TO CURVE CONC NW,R OF 370 FT,TH NELY ALG ARC 20.34 FT TO CURVE CONCAVE NW,R OF 655 FT,TH NELY ALG ARC 315.30 FT,TH S 53 54 26 E 130 FT TO CURVE CONC W,R OF 330 FT,TH NLY ALG ARC 373.56 FT,TH S 6114 05 W 130 FT TO CURVE CONC NE,R OF 3130 FT,TH NWLY ALG ARC 899.98 FT TO CURVE CONCAVE SW,R OF 1270 FT,TH NWLY ALG ARC 634.33 FT,TH N 49 05 30 E 130 FT,TH S 89 59 49 E 457.07 FT TO CURVE CONC NW,R OF 365 FT,TH NEL Y ARC 156,03 FT TO CURVE CONC SE,R OF 100 FT,TH NELY ALG ARC 76,89 FT,TH S 89 59 49 E 921.99 FT TO POB-LESS AS IN OR 1701-302 AND LESS AS SHOWN IN LAKES AT PGA VILLAGE. CONTAINING 13,697 ACRES, MORE OR LESS. (Location: Eastern terminus of One-Shot Lane.) File No.: PUD-04-033 August 2,2005 Resolution 05-023 Page 3 .. - - ~ '-' ...,.¡ '-" 1 2 8. A copy of this Resolution shall be attached to the site plan drawings described in 3 Part C, which plan shall be placed on file with the St. Lucie County Growth 4 Management Director. 5 6 7 SITE PLAN 8 9 10 C. Pursuant to Section 11.02.05(8) of the St. Lucie County Land Development 11 Code, the Final Site Plan for the project to be known as Parcel 34E @ the 12 Reserve, Island Club, be, and the same is hereby, approved as shown on the 13 site plan drawings for the project prepared by Thomas Lucido & Associates on 14 August 31, 2004, and date stamped received by the St. Lucie County Growth 15 Management Director on November 12, 2004, subject to the following condition: 16 17 All development activities in this parcel are subject to the applicable requirements 18 of the final development order for the Reserve, a Development of Regional 19 Impact, last revised through Resolution 98-100, and as may be amended in the 20 future. 21 22 23 D. The property on which this site plan approval is being granted is described in 24 Part A. 25 26 27 E. The approvals and authorizations granted by this Resolution for the purpose of 28 obtaining building permits on this property, shall expire on March 15, 2007, 29 unless the developer has obtained a building permit for the site plan described in 30 Part C or an extension has been granted in accordance with Section 31 11.06.06(8)(3), St. Lucie County Land Development Code. 32 33 F. The Final Planned Unit Development Site Plan/General Site Plan approval 34 granted under this Resolution is specifically conditioned to the requirement that the 35 petitioner, Kolter Property Company, including any successors in interest, shall 36 obtain all necessary development permits and construction authorizations form the 37 appropriate State and Federal regulatory authorities, including but not limited to; 38 the United Stated Army Corp of Engineers, the Florida Department of 39 Environmental Protection, and the South Florida Water Management District, prior 40 to the issuance of any local building permits of authorizations to commence 41 development activities on the property described in Part A. 42 43 G. The conditions set forth in Part C are an integral nonseverable part of the site 44 plan approval granted by this Resolution. If any condition set forth in Section C is 45 determined to be invalid or unenforceable for any reason and the developer 46 declines to comply voluntarily with that condition, the site plan approval granted 47 by this resolution shall become null and void. 48 49 File No.: PUD-Q4-033 August 2, 2005 Resolution 05-023 Page 4 - '-' ...., '-' ...,.¡ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 H. A copy of this Resolution shall be attached to the site plan drawings described in Part C, which plan shall be placed on file with the S1. Lucie County Growth Management Director. 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 2nd day of August 2005. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST APPROVED AS TO FORM AND CORRECTNESS County Attorney Deputy Clerk hI H:\WORDIPelitions\BCC\Finished2005\Reserve@lslandClub.PUD\Reserve@lslandClub-RES3.doc File No.: PUD-04-033 August 2, 2005 Resolution 05-023 Page 5 ...... '-' ....,; ...", Commission Review: March 1, 2005 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Growth Management Director SUBJECT: February 24, 2005 Application of Kolter Property Company, for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the PUD (Planned Unit Development - Island Club) Zoning District and Final Planned Unit Development approval for the project known as Parcel 34 E @ The Reserve (Island Club) a 19,172 square foot clubhouse with a swimming pool, basketball court, and tennis court. DATE: Kolter Property Company, has submitted a Final Planned Unit development site plan for Parcel 34 E @ the Reserve (aIkla Island Club). Kolter Property Company is proposing the development of this parcel for a 19,172 square foot clubhouse. The subject property is located at the eastern terminus of One-Shot Lane. Parcel 34 E @ the Reserve, is part of the Reserve, a Development of Regional Impact (DRI). The Reserve DRI is approved for a total of 4,100 dwelling units; four golf courses; 1,600,000 square feet of industrial development; 290,000 square feet of commercial development; 100,000 square feet of office space and 250 hotel/motel rooms. The proposed clubhouse and associated amenities is consistent with the approved DRI, existing and proposed land uses in the area, and with the previously approved Preliminary Development Plan for the Reserve. Staff recommends approval of Draft Resolution 05-023 approving the petitioner's request for Final Planned Unit Development for a clubhouse and associated amenities to be known as Parcel 34 E @ the Reserve (Island Club). Attached is a copy of Draft Resolution 05-023, which, if approved, would grant the requested planned unit development. Please let me know if you have any questions. SUBMITTED: Edward V. Cox Growth Management Director hf cc: Greg Boggs. ASLA File - '-" '-' 1 2 3 4 Exhibit "A" 5 6 7 8 . Certificate of Capacity 9 10 11 12 13 14 15 16 17 18 19 20 File No.: PUD-04-033 August 2, 2005 ..., ..,., Resolution 05-023 Page 6 '-' . '-' ...,.¡ ,.." 1 2 3 4 Exhibit "8" 5 6 7 8 . General Location Map 9 . Area Subject to Final Planned Unit 10 Development Approval 11 . Site Plan Graphics 12 13 14 15 16 17 18 19 File No.: PUD-04-033 August 2, 2005 Resolution 05-023 Page 8 '-' ....., \w' ....,; ..-.. 0) ~ 0) (/ >-0) cO::: co 0) a.~ EI- 8@) >-v 1::('1) 0)- a. 0) o 0 .... .... a.. CO ....a.. 0)"-' +-' .c õ:J ~ü "'C C CO -¡¡¡ z.~ ~ N , ~ ,¡) ¡ .~~.. ~ C") C") o I V o o :) a.. :z;. c: " o U ~ > ii: c: CO '5 E "II""",S ~~ ....... . III ! PIII""r.!·O""OH p~p- ....0:1 .t·~ i ^~Un08 aaqo4:;)aa~o Il) o o N LÔ ...... ì':' (1 :J ... .0 Q) U. "0 Q) ... (1 c. Q) a. c. (1 :! :z;. c: :J o U c: 'E' '" ::. . ,; '-' '-' ~ """" A petition of Kolter Property Company for Final Planned Unit Development Approval for the Project to be known as Island Club (Parcel 34 @ The Reserve) Reserve Blvd Inlerst i'ile9s PUD 04-033 ~ Subject property J::(~)r:>1 City of Port St. Lucie 5Þ".L-'* ~~~" GIS- .=v~::::- Map prepared February 15, 2005 '-' \w ...,.¡ 'wi Kolter Property Company Island Club (Parcel 34 @ The Reserve) ItlterSI ate9S PUD 04-033 ~ Subject property þ:~¡:;:.:rd City of Port St. Lucie 5è.Ä~ a.~~'- GI~. ~~_... Map prepared February 15, 2005 '-' '-' ""'" ..., Kolter Property Company Land Use Island Club (Parcel 34 @ The Reserve) PUD 04-033 ~ Subject property 1:::(,//:/1 City of Port S1. Lucie >t-.;Ç~ 4~ GIS. ......?.4:>:>- Map prepared February 15, 2005 '-' '-' ..., Kolter Property Company Island Club Parcel 34 The Reserve PUD 04-033 ~ Subject property CJ City of Port S1. Lucie ~.t:~~~~ G.I$o =<~~'- Map prepared February 15, 2005 , , " ..... - '- '-' AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ...", ..., ITEM NO. -ºL- DATE: August 2, 2005 REGULAR [] PUBLIC HEARING (XX] CONSENT [] PRESENTED BY: Daniel S. McIntyre SUBJECT: Ordinance No, 05-016 - Stop Gap Ordinance - North County Charette BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: No action is required at this time. A second reading of the proposed Ordinance is scheduled for Tuesday, August 16, 2005, at . 6:00 p.m. or as soon thereafter as may be heard. COMMISSION ACTION: [XJ APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: f!J Review and Approvals Do las Anderson County Administrator Public Works Dir: Management & Budget Purchasing: County Eng.: Originating Dept. Finance: (Check for copy only, if applicable) Eff. 5/96 '-' '-' ....,; ..." INTER-OFFICE MEMORANDUM ST, LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C,A, NO.: 05-1238 DATE: July 19, 2005 SUBJECT: Ordinance No. 05-016 - Stop Gap Ordinance - North County Charette ***********************************************************.*...*..**.*..*.*.. BACKGROUND: Attached to this memorandum is a copy of proposed Ordinance No. 05-016 which would postpone the processing and issuance of applications for comprehensive plan amendments, amendments to the Official Zoning Atlas or development orders concerning development in the North County Charette area if the proposed amendments and development orders would increase the density or intensity of development that would presently be allowed under the County Comprehensive Plan and Land Development Regulations now in effect. Under the proposed ordinance, processing such applications would be postponed for a period of one hundred eighty (180) days from the date of adoption unless dissolved earlier by the Board. On June 16, 2005, the Local Planning Agency/Planning and Zoning Committee voted 4-2 to forward the Ordinance to the Board with a recommendation of approval. RECOMMENDATION/CONCLUSION: No action is required at this time. A second reading of the proposed Ordinance is scheduled for Tuesday, August 16, 2005, at 6:00 p.m. or as soon thereafter as may be heard. Daniel S. McIntyre County A Horney DSM/ caf Attachment '-' '-' ...,.¡ ...." . DRAFT 7/1/05 ORDINANCE NO. 2005-016 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA (THE "COUNTY"), PROVIDING POSTPONEMENT OF ISSUANCE OF CERTAIN COMPREHENSIVE PLAN AMENDMENTS AND DEVELOPMENTORDERS~THINTHECOUNTYCONCERNING DEVELOPMENT WHICH IS PROPOSED ON PROPERTY GENERALLY LOCATED IN THE TVC ELEMENT BOUNDARY AND AS MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A" HERETO, WHERE THOSE AMENDMENTS OR DEVELOPMENT ORDERS WOULD INCREASE DENSITIES OR INTENSITIES OF LAND USE ABOVE THAT CURRENTLY PROVIDED BY THE COUNTY LAND DEVELOPMENT REGULATIONS OR THE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR WAIVER, VESTED RIGHTS, APPEALS, EXHAUSTION OF ADMINISTRATIVE REMEDIES, APPLICABILITY, SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the St. Lucie County Board of County Commissioners (the "Board") is presently working through its consultants to implement the results of the North S1. Lucie County Charette through the preparation and adoption of comprehensive plan amendments and land development regulations which, upon implementation, shall serve to further guide land use and development, so that the public health, welfare and safety is protected and the aesthetic, and environmental resources of the County are further enhanced and protected from impairment and suburban sprawl is avoided; and WHEREAS, on February 7-14, 2004, the Treasure Coast Regional Planning Council ("RPC") held a public charrette to study future growth and development in North St. Lucie County; and WHEREAS, the March 17, 2004, the Board unanimously voted to engage the RPC to prepare amendments to the S1. Lucie County Comprehensive Plan and the Land Development Regulations to implement the recommendations of the North County Charette Master Plan; and WHEREAS, the North S1. Lucie Master Plan recommends a compact, sustainable pattern of development that preserves significant amounts of open space; and WHEREAS, on November 9,2004, the Board entered into an Interlocal Agreement with the RPC to prepare amendments to the St. Lucie County Comprehensive Plan and the Land Development Regulations to implement the recommendations of the North S1. Lucie County Charette Master Plan; and WHEREAS, on March 10, 2005 the RPC submitted proposed amendments to the St. Lucie County Comprehensive Plan to the Board for processing and transmittal to the State Department of Community Affairs during the County's first round of year 2005 comprehensive plan amendments; and - '-' '-' ......, ""'" WHEREAS, on April 4, 2005, a public workshop with the Board, the Local Planning Agency and the RPC was held to discuss the proposed amendments; and WHEREAS, the proposed amendments were heard by the Local Planning Agency on April 21 ,2005 and will scheduled be heard again in August, 2005; and WHEREAS, the initial hearing (transmittal hearing) on the proposed amendments will be scheduled before the Board in September of2005; and WHEREAS, the adoption hearipgs before the Board on the proposed amendments will be scheduled for December, 2005 or January, 2006; and WHEREAS, the land development regulations that will implement the proposed amendments will be scheduled to be heard by the Board in December, 2005 or January, 2006; and WHEREAS, an important element of the County's growth management strategy includes development and implementation of balanced land development regulations to manage the emerging trend for extensive development activities arising within the northern part of the County that is the subject of the North County Charette Master Plan, and which is more particularly described in Exhibit A attached hereto ("North County Charette Area"); and WHEREAS, the Board desires to insure that during the pendency of the necessary study activity, presently underway, for the formulation and implementation of the necessary and appropriate plan amendments and land development regulations reference herein, that requests for processing and approval of additional plan amendments, amendments to the Official Zoning Atlas, and development orders for new development within the scope which is described herein, are postponed until the County's comprehensive plan amendments, and land development regulations (collectively, the "Growth Management Regulations") are prepared and implemented; and WHEREAS, the County Local Planning Agency has reviewed the regulations set forth in this Ordinance and has determined that such regulations are consistent with the applicable provisions of the Comprehensive Plan of the County. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the above stated recitals is hereby adopted and confirmed. 2 ~ '-' ...,.¡ """" Section 2. Postponement; Applicabilitv. A. During the time that this Ordinance is in effect, as specified in Section 7 beJow, no applications for comprehensive plan amendments, amendments to the Official Zoning Atlas, or development orders, as that tenn is defined in Section 163.3164, Fla, Stat., concerning development on any property in the County located in the TVC Element Boundary as identified in the crosshatched area on the map attacahed as Exhibit "A", shall be processed or issued if such comprehensive plan amendment, amendment to the Official Zoning Atlas, or development order increases the density or intensity of development that would presently be allowed under the County Comprehensive Plan and Land Development Regulations now in effect. B. That notwithstanding anything to the contrary above, the postponements of this ordinance shall not apply to: I. any public purpose project which is required by any government entity; and 2. any development which is protected from a change in county ordinances to the extent provided by Section 163.3233, Florida Statutes, for those statutory development agreements which have been previously entered into; and Section 3. Waivers. The Board, after a public hearing may grant a waiver to the prohibitions provided above and authorize the issuance of development orders for a spe'cific application, where the Board detennines that based upon substantial competent evidence, the specific use or activity requested by the waiver application will not detrimentally affect the preparation and implementation of the Growth Management Regulations, will be compatible with surrounding land uses, and will not impair the public health, safety or welfare. Section 4, Vested Rie:hts. (A) Nothing in this ordinance shall be construed or applied to abrogate the vested right of a property owner to complete development where the property owner demonstrates each of the following: (I) A governmental act of development approval was obtained prior to the effective date of this Ordinance; and (2) Upon which the property owner has detrimentally relied, in good faith, by making such a substantial change in position or incurring such extensive obligations and expenses; and (3) That it would be highly inequitable to deny the property owner the right to complete the development. 3 '-' '-' ...,.¡ .., (B) That any property owner claiming to have vested rights under this Section 4 must file an application with the Board for a vested rights determination within 30 days after the effective date of this Ordinance. The application shall be accompanied by a fee of$l ,500.00 and contain a sworn statement as to the basis upon which the vested rights are asserted, together with documentation required by the County Administrator and other documentary evidence supporting the claim. The Board shall hold a public hearing on the application and based upon the evidence submitted shaH make a determination as to whether or not the property owner has established vested rights. To the extent that a property owner demonstrates vested rights, the prohibitions established in this Ordinance shall not be applied. Section 5. Appeals. Appeals from final decisions by the Board under Section 3 or Section 4 ofthis Ordinance shaH be by the filing of a Petition for Certiorari in the Circuit Court of the 19th Judicial Circuit in and for S1. Lucie County in accordance with the Florida Rules of AppeHate Procedure for. the review of the quasi-judicial rulings ofIocal government agencies. Section 6. Exhaustion of Administrative Remedies. No property owner claiming that this Ordinance as applied constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights may pursue such claim in court unless he or she has first exhausted the administrative remedies provided in this Ordinance. Section 7. Term. The time period for the postponement of processing applications for comprehensive plan amendments or development orders imposed by this Ordinance is temporary and shall be effective for a period of one hundred eighty (180) days from adoption hereof, unless dissolved earlier by the Board. Further, the time period shaH expire upon the effective date of the comprehensive plan amendments and land development regulations related thereto, the formulation and adoption of which shall be expeditiously pursued. The duration of this time period may be reasonably extended, if necessary, for up to an additional sixty (60) day period by Resolution of the Board. Effective Date. This Ordinance shall be effective upon filing with the Secretary of Section 8. State. After motion and second, the vote on this ordinance was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Joseph E. Smith Commissioner Paula A. Lewis Commissioner Chris Craft xxx XXX XXX XXX XXX 4 ..... '-' ....., ...,,; 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 . County Attorney 5 §jG -i <: () m CD :3 CD ::::¡ 2: o ;:::¡. ::J" () o c ::::¡ --< (f) <-+ C Q '< » ""' (D ill OJ o c ::::¡ Q ill ...., '< o '0. ~ .' ~. ~' ~ < .~ ~~. . ~ ~ ~ ~~ '" .'\' t::; .~ ~~tA ~ I," Yj. ... ~r:'~ "it... ~ ì/ .-. '-' ...,.¡ """ I Ruden .~ McClosky 145 NW CENTRAL PARK PLAZA SUITE 200 PORT ST LUCIE, FLORIDA 34986 (772) 873-5910 FAX: (772) 873-3110 NOREEN.DREYER@RUDEN.COM June 16,2005 Mr. Charles Grande, Chairman Local Planning Agency St. Lucie County c/o Mr. Michael Brillhart 2300 Virginia Avenue Ft. Pierce, FL 34950 Re: Proposed Stop-Gap Ordinance Dear Chairman Grande: Thís letter is written on behalf of our client, D. R. Horton, Inc., whích has property interests in the North County Charrette Area, D. R. Horton, Inc. has been working with the Treasure Coast Regional Planning Council to prepare a plan that embraces the principles that were developed through the North County Planning Charrette. As you know, the process of drafting and approving a comprehensive plan amendment and implementing regulations is taking somewhat longer than originally anticipated. While my client would prefer that the Stop-Gap Ordinance not be adopted at all, if it must be adopted, we request if it allow developments that are in compliance with the Charrette principals to be processed and reviewed. To that end, we request that you recommend the following changes to Paragraph B of Section 2. Postponement: Applicability, of the draft ordinance: B. That notwithstanding anything to the contrary above, the postponements of this ordinance shall not apply to: 1. any public purpose project which is required by any government entity; aaè nor 2. any development whích is protected from a change in county ordinances to the extent provided by Section 163.3233, Florida Statutes, for those statutory development agreements which have been previously entered into; aBd-nor 3. any comprehensive plan amendment, amendment to the Official Zoning Atlas. or development order that furthers the principles of the North St. Lucie County Charrette Master Plan. Deletions from the draft ordinance are stroekthfe1:lgh, additions are underlined. PSL:16193:1 RUDEN, McClOSKY, SMITH, SCHUSTÉR & RUSSELL, P.A. CARACAS· FT. LAUDE:RDALE . MIAMI· NAPLES· ORLANDO· PORT S1.LUCIE . SARASOTA· ST. I'fTERS8URG . T4.LLAHASSEE . TAMPA. WEST PALM BEACH ",. ~ -...I ..., . Page 2 Thank you for your consideration of this request. Siï7IY, I~/Alì C 0 Noreen S. Dreyer --- NSD/pw cc: Members of the Local Planning Agency Board of County Commissioners County Attorney Growth Management Director Matthew Ford Katherine Gendre PSL:16193:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSElL, P.A. CARACAS' fT.LAUDEROALE . MIAMI· NAPLES' ORLANDO' POll S1. LUCI£ . MRASOTA . ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH '-' '-' ..." ...., AGENDA REQUEST ITEM NO. C - 71 DATE: August 2, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Emergency Repair - Hidden River Estates Drainage Outfall Structures. BACKGROUND: Last month two (2) drainage outfall structures within the Hidden River Estates area failed. Additionally, another structure for this same drainage basin has exhibited some signs of failure. See attached Memorandum 05-180 for additional information. FUNDS AVAILABLE: Funds will be made available in Fund No. 101003-41134-563000-425017 Transportation Trust _ Drainage Improvements - Local Option. Additional funds if necessary will be made available in Fund No.1 01 003- 41131-563000-425017 Transportation Trust - Culvert Replacements - Local Option. PREVIOUS ACTION: None. RECOMMENDATION: Staff recommends the Board declare the Hidden River Estates Drainage Outfall Structures Repair project an emergency, waive the formal bidding procedure and authorize staff to contact vendors for written quotes for the appropriate repairs. Approved 5-0 ou las Anderson County Administrator COMMISSION ACTION: IX APPROVED [ ] DENIED [ ] OTHER [x] County Attorney Ix] Project. Manager [x] Road & Bridge ~ [x] Mgt. & Budget Ix] Fiscal Coor. [X] ERD -= Ix] Originating Dept. Public Works ,41V~t.1>fJN [x] Purchasing Dept 'f'- [x] (Check for copy only, if applicable) ~. MVPr- SH ¡it '-" '-' ~ ...., DIVISION OF ENGINEERING MEMORANDUM 05-180 TO: Ed Parker, C.P.P.B. - Purchasing Director VIA: Michael Powley, P.E. - County Engineer MVP VIA: Barbara Meinhardt - Fiscal Coordinator \3\\\'\ Craig Hauschild, P.E. - Capital Projects Engineer CA~ FROM: Date: July 27, 2005 Subject: Emergency Repair - Hidden River Estates Outfall Struc:tures. ...c:::= ~~-.cc~~_:::> 7E"~"è~,';;;;'; _~::::IO!<> Last month two (2) drainage outfall structures within the Hidden River Estates area failed. Additionally, another structure for this same drainage basin has exhibited some signs of failure (see attached photographs of failures and locations). Erosion control measures have been installed to minimize additional damage; however. with hurricane season upon US these measures should only be considered temporary and repairs / replacement should be accomplished right away. The Engineering Division recommends this project be declared an emergency because it has damaged private property and the risk of further damage to private property and erosion into the North Fork of the St. Lucie River during a heavy rainfall event is extremely high. Providing it meets your approval, Engineering would like to prepare an Agenda requesting authorization to declare this project an emergency, waive the formal bidding procedure, and contact vendors for written quotes. Funds will be made available in Fund No. 101003- 41134-563000-425017 Transportation Trust - Drainage Improvements - Local Option. Additional funds if necessary will be made available in Fund No. 101003-41131-563000- 425017 Transportation Trust - Culvert Replacements - Local Option. attachments: Site Location Map Photographs cc w/attachments: Don West, P.E. - Public Works Director - \ '-" '-' ....,; Hidden River Estates Photographs ...", Photo 1 dated 7-7-2005: Looking northeast at a failed drainage outfall structure within a drainage easement adjacent to 757 Hidden River Drive (Lot 19 - Block]). The North Fork of the St. Lucie River is in the background. Photo 2 dated 7-7-2005: Looking north-northeast at a failed drainage outfall structure within a drainage easement adjacent to 789 Hidden River Drive (Lot 22 - Block 1). 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I !~ Itm!~;tmm ~ ------------ -r! \v · ' '-" '-" AGENDA REQUEST ...,.¡ ..., ITEM NO. C- '8' DATE: August 2,2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: APPROVAL TO REJECT ALL BIDS-BID #074-0-2005- FOR THE CONSTRUCTION OF THE CLERK OF COURT OFFICE BUILDING PARKING LOT BACKGROUND: SEE A TTACHED MEMORANDUM FUNDS AVAIL: N/A PREVIOUS ACTION: On May 24, 2005, Item No, c-8F, the Board of County Commissioners approved to re-advertise the invitation to bid for the Clerk of Court Office Building and Parking Lot. RECOMMENDATION: Staff recommends the Board of County Commissioners approve to reject all bids-BID #074-0-2005- for the construction of the Clerk of Courts Office Building Parking Lot. MISSION ACTION: [,¡! APPROVED [] DENIED fl OTHER: Approved 5-0 o 9 Anderson County Administrator County Attorney: ~ OJ'''''' Originating DepG Finance: (Check for Copy only, if Applicabie) coordination/~tures Mgt. & Budget: J t} Purchasing Mgr.: \~jQ- Other: Other: Eff_1197 H:\AGENDA\AGENDA-63 CLERK OF COURT PARKING LOT.DOC · , '-' '-' ....,; -..I MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: August 2, 2005 SUBJECT: APPROVAL TO REJECT ALL BIDS-BID #074-0-2005- FOR THE CONSTRUCTION OF THE CLERK OF COURT OFFICE BUILDING PARKING ****************************************************************************** BACKGROUND: On May 24th, 2005, the Board of County Commissioners approved to re- advertise the Invitation to Bid: Clerk Of Courts Office Building and Clerk of Courts Parking Lot. The space that is designated for the construction of the New Clerk of Courts Office Building includes an existing parking lot; as a result we will loose sixteen (16) parking spaces when this construction starts. To accommodate this loss, on June 8th, 2005, staff went out for invitation to bid on construction of the Clerk of Courts Office Building Parking Lot, BID# 074-0-2005. This parking lot will provide sixteen (16) spaces on the southeast side of the New Clerk of Court Building and will be utilized by both the new and old Clerk of Court Buildings, One bid was received and came in over budget; staff is seeking approval to reject all bids for BID #074-0-2005, construction of the Clerk of Courts Office Building Parking Lot. See attachment. RECOMMENDATION: Staff recommends the Board of County Commissioners approve to reject all bids-BID #074-0-2005- for the construction of the Clerk of Courts Office Building Parking )ùl IS 05 08: 14a ~ SLC PURCHASING '-' 561 462 It' . .I p.2 "-.""I BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT ED PARKER, DIRECTOR TABULATION SHEET - RFQ #05..Q74 CLERK OF COURTS OFFICE BUILDING PARKING LOT CENTRAL SERVICES OPENED: 7/7/2005 AT 2:00 P.M. THE FOLLOWING VENDOR RESPONDED TO THE RFQ: DICKERSON FLORIDA, INC. FORT PIERCE, FLORIDA FAX: 772-429-4445 NUMBER OF COMPANIES NOTIFIED': 910 NUMBER OF BID DOCUMENTS DISTRIBUTED': 20 NUMBER OF BIDS RECEIVED: 1 "per demandstar.com JOSEPH E SMITH, Di.llicl No.1. DOUG COWARD, District No.2' PAULA A. LEWIS, District NO.3' FRANNIE HUïHINSON. District No.4. CHRiS CRAFï, Districl NO.5 County Administrator - Dougias M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 -- Phone (772) 462-1700 _ TOO (772) 462-1428 website: www.co.$¡~¡ucie.fLus '\../ '-' '-' ...,.¡ -' AGENDA REQUEST ITEM NO.C2A DATE: August 2, 2005 REGULAR [] PUBLIC HEARING [] CONSENT (X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S, McIntyre SUBJECT: Resolution No. 05-304 Extending the State of Emergency for Hurricane Frances; and, Resolution No, 05-305 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- 304 and Resolution No. 05-305 and authorize the Chairman to sign the Resolutions. COMMISSION ACTION: (Xj APPROVED ( ] DENIED ( ] OTHER: Approved 5-0 CONCURRENCE: ¿6 D . uglas Anders; County Administrator County Attorney: :Y Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 '-" '-' ...,.¡ .." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A, NO,: 05-1262 DATE: July 22, 2005 SUBJECT: Resolution No, 05-304 Extending the State of Emergency for Hurricane Frances; Resolution No, 05-305 Extending the State of Emergency for Hurricane Jeanne ************************************************************************** BACKGROUND: Attached are the following documents: 1. Draft Resolution No. 05-304 extending the state of emergency for Hurricane Frances until August 13, 2005 at 4:00 p.m, 2. Draft Resolution No. 05-305 extending the state of emergency for Hurricane Jeanne until August 14, 2005 at 7:00 a.m. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board approve Resolution No. 05-304 and Resolution No, 05-305 as drafted, DSM/ caf Attachments '" '-' ....,¡ ..., RESOLUTION NO, 05-304 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 August 13, 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 August 6, 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 '-" '-' ..J ...,.¡ PASSED AND DULY ADOPTED this 2nd day of August, 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, 05-305 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 August 14, 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 August 7, 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 2nd day of August, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST, LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ... -- ~ "" '-' .."", ..,J AGENDA REQUEST ITEM NO. C2B DATE: July 28, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Development Agreement with Johnson Road Development Group, L.L.C. (Rocking Horse Ranch) BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A RECOMMENDATION CONCLUSION: Staff recommends that the Board grant permission to advertise public hearings COMMISSION ACTION: !Xl APPROVED [ ] DENIED [ ] OTHER: APproved 5-0 Dou sM. Anderson County Administrator [>¡ 0>0"'''_.'' ~ Review and Approvals ]Management 8. Budget: [ ]Purchasing: [ ] Growth Management.: [ ] Parks 8. Recreation Director [ ] Solid Waste Mgr Effective 5/96 [ ]Finance:(check for copy only, If applicable) '-' '-' ...,.¡ ..."",J' .~, INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 05-1282 DATE: July 281 2005 SUBJECT: Development Agreement with Johnson Road Development Group, L.L.C. (Rocking Horse Ranch) BACKGROUND: Johnson Road Development GrouPI L.L.c. (Rocking Horse Ranch) has proposed to fund improvements to the intersection of Johnston Road and Indrio Road through a development agreement. A copy of a proposed development agreement is attached. Under the terms of the proposed agreementl the Developer will pay the County three hundred fifty and 00/100 ($350/000.00) to pay for the design and construction of the intersection improvements, Approval of the Agreement Will require two public hearings. RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise public hearings. DSM/cb '-" '-' 'WI ..., DV A 05- 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 day of 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 Liability 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 Subdivision 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 August _, 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 to the first hearing to all property owners, as reflected on the current years tax roll, lying within 500 feet of the Property. G: \A TrY\AGREEMNT\J òhnSÐ nRoodDevGrp-Dell.A gmt .wpd Page 1 af 11 '-' '-' 'WI ..,.¡ F. On August _, 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. Mandatory Provisions, a, Legal 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. Height. and Architectural Standards The development uses permitted on the Property, including densities, intensities, and height, shall be as follows: Uses Allowed: Single Family Residential Density Allowed: One (1) Unit Per Acre Intensity Allowed: G: \A TTY\AGRE EMNT\J ohnsonRoadDevGrp- Dev.Agmt.wpd Page 2 of 11 '-' '-' "-" ..." L.D.C. Height Allowed: As is currently allowable under the St. Lucie County Architectural Standards d. Future Land Use Map Designation. The land use designation of the Property under the future land use element of the St. Lucie County Comprehensive Plan is RE ("Residential Estate"). e. Zoning. The current zoning of the property is A1 ("Agriculture"). f. Site Plan. On or before ,2005, the Developer shall submit and obtain Board approval of a conceptual site plan for the Property consistent with the provisions of Section 2c herein. On or before , 2005, the Developer shall submit and obtain Board approval of a final site plan for the Property consistent with the approved conceptual site plan and the provisions of Section 2c herein. g. Public Facility Adequacy. Development of the property is contingent upon completion of the improvements identified on Exhibit "C". 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 need for other regulatory agency permits shall be determined based upon final site construction plans. (3) Subdivision plat approval - will be required prior to the sale of any lots or properties. (4) Final development order - required prior to commencing construction. G: \A TfY\AGREEMNT\J ohnsonRoodDevGrp-Dev.Agmt .wpd Page 3 of 11 '--' '-" ...,.¡ '-' (5) Site plan approval - required prior to commencing construction. (6) Building permit - required prior to commencing construction. I. Responsibility for Local Development Permits. All local development permits shall be obtained at the sole cost of the Developer and in the event $ubdivision 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. 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. G: \A TTY\AGREEMNT\J ohnsonRoodDeYGrp-Dev,Agmt .wpd Page 4 of 11 ~ '-" ...., ...I 3. Agreement to Construct and Fund Improvements. The Developer agrees to design, permit, and construct the improvements identified on Exhibit "C". Furthermore, tbe 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 $350,000.00. This obligation shall survive the revocation or termination of this Developer Agreement. 4. Road Impact Fee Credits. In e.xc"'onge for t"'e De.'e.lope.rs poyme.nt for de.sign and construction of t"'e impro'vel'nE:nts identified on Ex"'ibit "C", t"'e COl:Jnt'ý s"'oll grant t"'e De·..eloper Rood Impact Fe.e credits in t"'e OI'Munt of $ . The Developer may apply for credits against road impact fees pursuant to Section 1-17-33.1 of the St. Lucie County Code of Ordinances for funds provided for improvements. If granted by the the Board of County Commissioners said Road Impact Fee Credits shall be transferable from the Developer to any lot owner in the Rocking Horse Ranch Residential Subdivision, T"'ese credits but may only be used in association with houses permitted in the Rocking Horse Ranch Residential Subdivision. 5. Final Site Plan Submittal. On or before , 2005, the Developer agrees to provide a final 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 developmentof 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 Right-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 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. 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. G: \A TTY\ AGREE MNT\J ohnsonRoadDevGrp-Dev.Agmt .wpd Page 5 of 11 '-" '-' ...,.¡ ""'" 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 ~arties 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. Roads: Subject to completion of the improvements identified on Exhibit "C", sufficient roadway capacity will exist to support the proposed development of this project. G: \A TTY\AGREEMNT\J ohnsonRoadDevGrp-Dev.Agmt .wpd Page 6 of 11 '-" \w ....,; ...,¡ 9. Amendment of Cancellation by Mutual Consent. This Agreement may be amended or cancelled by mutuàl 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 Agreement. 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. 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. G: \A TTY\AGREEMNT\J ohnsonRoadDevGrp- Dell_Agmt .wpd Page 7 of 11 \w; '-' ..,/ ......, 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. 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. G: \A TiY\AGREEMNT\J ohnsonRoodDevGrp- Dev.Agmt.wpd Page 8 af 11 '-' '-' wi ..." 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. The parties designate the following persons as representatives to be contacted and to receive all notices regarding this Agreement: For the Board: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 G: \A TTY\AGREEMNT\J ohnsonRoadDevGr'p- Dev .Agmt .wpd Page 9 of 11 '-' '-' 'wi .....,; with a copy to: St. Lucie County Attorney 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 Assigns. 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: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 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 presence of: JOHNSON ROAD DEVELOPMENT GROUP, L.L.C. a Florida Corporation By: Witness· Print Name: Witness Print Name: G: \A TTY\AGREEMNT\J ohnsc nRoodDevGrp- Dev.Agmt .wpd Page 10 of 11 \.r' '...I '-" ...,.¡ ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ST ATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of , 2005, by , Johnson Road Development Group, LLC., 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: \A TTY\AGREEMNT\J ohnsonRoadDevGrp- De....Agmt .wpd Page 11 of 11 i '-' .... . ~ ....,; """" AGENDA REQUEST ITEM NO. C2B DATE: July 28, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S, McIntyre County Attorney SUBJECT: BACKGROUND: FUNDS AVAILABLE: RECOMMENDATION CONCLUSION: COMMISSION ACTION: Development Agreement with Johnson Road Development Group, LL.C. (Rocking Horse Ranch) See attached memorandum N/A Staff recommends that the Board grant permission to advertise public hearings CONCURRENCE: [ ] APPROVED [ ] DENIED [ ] OTHER: [" Co"" "'om~ ~ [ ] Growth Management.: [ ]Finance:(check for copy only, if applicable) Douglas M. Anderson County Administrator Review and Approvals [ ]Management & Budget: [ ]Purchasing: [ ] Parks & Recreation Director [ ] Solid Waste Mgr Effective 5/96 '-' ...... ,., ..J ;' INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A, NO: 05-1282 DATE: July 28, 2005 SUBJECT: Development Agreement with Johnson Road Development Group, L.L.C. (Rocking Horse Ranch) BACKGROUND: Johnson Road Development Group, L.L.C. (Rocking Horse Ranch) has proposed to fund improvements to the intersection of Johnston Road and Indrio Road through a development agreement. A copy of a proposed development agreement is attached. Under the terms of the proposed agreement, the Developer will pay the County three hundred fifty and 00/100 ($350,000,00) to pay for the design and construction of the intersection improvements. Approval of the Agreement will require two public hearings. RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise public hearings. DSM/cb \..-. '-' '-" "-" DV A 05- 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 day of 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 Liability 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 Subdivision 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 August _, 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 to the first hearing to all property owners, as reflected on the current years tax roll, lying within 500 feet of the Property. G: \A T1J"\AGREE MNT\J ohnsonRoadDevGrp-Dev.Agmt .wpd Page 1 of 11 '- '-' ...,.¡ .."" '. F. On August _, 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. Mandatory Provisions. a. Legal 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 Height and Architectural Standards The development uses permitted on the Property, including densities, intensities, and height, shall be as follows: Uses Allowed: Single Family Residential Density Allowed: One (1) Unit Per Acre Intensity Allowed: G: \A TTY\AGREEMNT\J ohnsonRoodDeyGrp- Dev,Ãgmt .wpd Page 2 of 11 \w '-' ...,.¡ "wi ". . Height Allowed: As is currently allowable under the St. Lucie County L.D.C. Architectural Standards d, Future Land Use Map Designation. The land use designation of the Property under the future land use element of the St. Lucie County Comprehensive Plan is RE ("Residential Estate"). e. Zoning. The current zoning of the property is A1 (" Agriculture"). f. Site Plan. On or before , 2005, the Developer shall submit and obtain Board approval of a conceptual site plan for the Property consistent with the provisions of Section 2c herein. On or before , 2005, the Developer shall submit and obtain Board approval of a final site plan for the Property consistent with the approved conceptual site plan and the provisions of Section 2c herein. g. Public Facility Adequacy. Development of the property is contingent upon completion of the improvements identified on Exhibit "C". 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 need for other regulatory agency permits shall be determined based upon final site construction plans. (3) Subdivision plat approval - will be required prior to the sale of any lots or properties. (4) Final development order - required prior to commencing construction. G; \.11 TTY \AGREEMNnJ ohnsonRoadDevGl"p-Dev.Agmt .wpd Page 3 of 11 '-' "-' ~ """" ~ (5) Site plan approval - required prior to commencing construction. (6) Building permit - required prior to commencing construction. I. Responsibility for Local Development Permits. All local development permits shall be obtained at the sole cost of the Developer and in the event ~ubdivision 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. 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. G: \A TTY\AGREE MNT\J ohnsonRoadDevGrp-Dev.Agm't .wpd Page 4 af 11 \w. ~ .....,.¡ 'WI ~ . 3. Agreement 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 $350,000,00, This obligation shall survive the revocation or termination of this Developer Agreement. 4. Road Impact Fee Credits. The Developer may apply for credits against road impact fees pursuant to Section 1-17-33.1 of the St. Lucie County Code of Ordinances for funds provided for improvements. If granted by the Board of County Commissioners. said Road Impact Fee Credits shall be transferable from the Developer to any lot owner in the Rocking Horse Ranch Residential Subdivision, but.may only be used in association with houses permitted in the Rocking Horse Ranch Residential Subdivision. 5. Final Site Plan Submittal. On or before , 2005, the Developer agrees to provide a final 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 Right-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 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. 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. G: \A TrY \AGREEMNT\J onnsonRoadDeYGrp-Dev,Agmt .wpd Page 5 of 11 '-' '-' ...,.¡ ....; 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 ~arties 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. Roads: Subject to completion of the improvements identified on Exhibit "C", sufficient roadway capacity will exist to support the proposed development of this project. G: \ A Tn'\AGREEMNT\J ohr1sonRoadDevGrp-Dev. 119m'" ,wpd Page 6 of 11 '-' '-" "wi .J 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 Agreement. 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. 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. G: \A TTY\AGREEMNT\J ohnsonRoadDevGrp-Dev.Agmt _wpd Page 7 of 11 '-' ..... ...,,¡ 'wtiI 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. 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. G: \A TTY\ AGREEMNT\J ohnsonRoadDevGrp-Dev.Agmt .wpd Page 8 of 11 '-' ...... '--' .., 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. The parties designate the following persons as representatives to be contacted and to receive all notices regarding this Agreement: For the Board: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 G: \ A TTY' AGREEMNT\J onnsonRoadDevGrp· Dev.Agmt .wpd Page 9 of 11 '-' '-' 'wi WIÎ with a copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 For the Developer: Mark A. Brackett Johnson Road Development Group, L.L.C. 1974 14tn Avenue Vero Beach, Florida 32960 With a copy to: Fred L. Kretschmer Vero Beach, Florida 32960 18. Successors and Assigns. 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: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 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 presence of: JOHNSON ROAD DEVELOPMENT GROUP, L.L.C. a Florida Corporation By: Witness Print Name: Witness Print Name: G: \A TTY\AGREEMNT\J ( hnsonRoodDevGrp-Dev,Agmt. w¡:td Page 10 of 11 "'"' '-" ...., ..,j 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 .2005. by , Johnson Road Development 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: \A TTY\AGREEMNT\J ohnsonRoodDevGrp-Dev.Agmt .wpd Page 11 of 11 - "\M '-' '-' AGENDA REQUEST ''WJI ....., ITEM NO: C-5. DATE: August 2, 2004 REGULAR PUBLIC HEARING CONSENT X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: REQUEST APPROVAL TO SERVE ALCOHOL AT PEPPER PARK BACKGROUND: The Hicks Family will be hosting a family reunion for approximately seventy (70) members on August 7, 2005, at Pepper Park. During the event, alcohol will be served from 12:00 P,M. to 4:00 P.M, In accordance with County Ordinance 1-15-23, the Board's approval is needed. PREVIOUS ACTION: N/A FUNDS WILL BE MADE AVAILABLE IN: N/A RECOMMENDATION: Staff recommends that the Board approve the Hicks family's request to serve alcohol during their event on August 7, 2005, at Pepper Park. [~] [ -~ ] APPROVED OTHER: DENIED CONCURRENCE: // I5ôug ty." Anderson - County Administrator COMMISSION ACTION: Approved 5-0 Coordination/Signatures County Attorney:~ Management & Budget: Originating DePt:~ Other: Finance: HIAGENDAS 04-05\8-2-05 ALCOHOL AT PEPPER PARK.DOC Purchasing: (if applicable) 4 F~ ,.? ~ .wJ "'" ""-' ~ COUNTY'. F lOR I DA~ ~ ALCOHOL BEVERAGE PERMIT ST. LUCIE COUNTY PARKS AND RECREATION DEPT. (This fonn is to be used in conjunction with the Faci1ìty Use Permit) I, ~iì' II Ni ' (! -k s representing fk alcoholicfbeverages for on-site consumption at ~>? '< ¡- /;)}) · )]/ request a permit to cO~}l>me and/or sell (10 f )(!l.l..LI-f-- on '6 - ') - () S ' Criteria for issuance of the permit 1. An applicant must be at least 21 years of age. 2. An applicant must possess a valid driver's license or another form of identification containing a current address, 3, Application for permit must be completed and delivered to the Parks and Recreation Departmeñt at least 15 days prior to the event. 4. User must present a General Liability Insurance policy certificate for the date of use and a host liquor liability policy certificate each in an amount not less than one million dollars ($1,000,000) when the facility use permit application is submitted. 5, . In the event any user intends to sell alcoholic beverages, they are required to meet all state requirements regarding sale of alcohol and obtain all required permits. Copies of said permits shall be submitted with the facility use permit. 6. The user must pay the cost of security provided by the St. Lucie County Sheriff s Office. The fee is payable directly to the Parks and Recreation Department at the time of payment for the facility use. Conditions of Permit 1. Person signing the permit must be present during the event. 2. Area of permit use will be confined to the area specified above. User shall be responsible for the behavior of any parties with the user's group, 3. User is responsible to ascertain that no alcoholic beverage shall be served to any person under the age of21. 4, Alcoholic beverages shall be sold/served only in conjunction with food sales, No alcohol will be served during the last 30 minutes of the user's event. 6. The user must abide by all other operational policies and procedures as set forth in the facility use permit. Any violation of any of these rules can result in termination of the event. 7. User is not to state that St. Lucie County is a sponsor or participant in the event. r" By signing, I agree to abide by the laws of the State of Florida as they apply to the consumption of alcoholic beverages, \'fY 'PPli,w¡, St. LU¡;, ,County.. ,o¿ina~'''' om! fuooond;non, nf tlll, pwmt " ",t outooo:,. .; c ~ "-IlX\ l\"L~ rf\ l./ck-", " J - I c¡ .. Ò Ò Signature of Applicant Date Date State Permit Received Recreation Division Signature Date Insurance Certificates Received 10/02 "- - '-" St. Lucie County parid'tt Recrea~ Department Reservation Request! Facility Use Permit Date: 7 -I Ý - ùS'/ city:~f Fj~ {r \L-Zip: -3 (I c¡ ç () Phone: <j 65/- Y(7 71. Time: From (a to-±- (include set up & tear down) Applicant Name ¡' C. . )' FadJity/Park Requested '-Y 1(. (1 r «.. (" PQ t-- /( Date(s) requested ~ - 'ì - b ç- Intended Use ~~ U ìî ; Ö.ÌJ .s; No. of People Expected to Attend '7 D Alcohol Sale (Complete Ale List any special circumstances, services, and I or materials needed 1) The following capacity limits have been established: Indrio School House: 116 Walton Community Center: 130 Maravilla Park: 130 , Facilities areìirtendedto be. used for recreational activities, notcommercía1 venfures. . The Parks and Recreation Department reserveS the right .. to refuse rei1tal f()r .commercial ventures, events exc"...·iHng' caþacitylimits or those deemed not to be adequately supervised. The Department . .may:require sècurity .guårdandlor uniformedoftícers dependiug on the event, at thè renter's expense. Acounty enìPloyee("HoUs~") Will be present1and will- be paid for by the renter, No rental shalLlast beyond midnight. A penalty oiSI OO/hour will be assessed after midnight, in addition to Houseman fees. 2) General Liability irisurancein the amount oUI Million per occurrencel$lmillion in the aggregate is required. Non-profit oTl!3nizations _ . (incluilÚ1v familv 1Zl"0uns) canarran2e for tbis insurance throu\lh the Recreation Department. Insurance rates Y8IY depending on the number of .attendees at the event. An insurance certificate must be produced showing St, Lucie County Board of County Commissioners as an additional insured. Products are included but not medical paymen1B. Consumption of alcoholic beverages requires additional insurance. If selling alcoho~ all applicable State petmits and an alcohol beverage permit must be obtained and submitted to the Parks and Recreation Departri1ent 3) All estimated fees and insurance documentation must be received no later than 2 weeks in advance of the rental. Failure to provide anyone of these will result in cancellation of the rental. Any difference between estimated and actual cos1B shall be paid at the end of the rental. 25% of rental fees will be retained if cancellation or rescheduling notification is not given at least 2 weeks prior to the rental period. 4) Should any visible danger be observed by the Pennittee or brought to hislher attention by those persons using the facilities under this permit, said Permittee shall not use the facility and shall report the visible danger to the Recreation Division at 462-1521 between the hours of 8:00 AM to 5:00 Pm Monday through Friday, 5) Please DO NOT go on the fields if they have water on them, or if they are muddy. At no time will anyone alter, damage or deface the playing fields, press box, concession stand, restroom or any part of the facilities under this pennit. 6) Possession of permit is required while using facilities or outdoor areas. Failure to supplypennit when requested by Director or his designee may result in removal from area. 7) Faci1ities or outdoor areas must be left in clean and adequate condition as determined by Director or his designee. A $100 deposit will be taken the day of the rental of any of the Community Centers and returned if the facility is left in clean and acceptable condition. If the Recreation Division nmst clean the area, the deposit will be kept to cover the cost to clean. Any unused funds will be refunded. 8) The group or individuals to whom a permit is issued shall be liable for any loss, damage, negligence or injury sustained by other person(s) in their party. ~ '-' '-' ....", 'WI AGENDA REQUEST ITEM NO. C - 6 DATE: August 02, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dennis Wetzel, IT Director SUBMITTED BY(DEPT): Information Technology SUBJECT: Approval to offer David Wood the Webmaster position at a starting salary of $52,291.70. BACKGROUND: The unique set of skills and experience required by the Webmaster position make it a challenging position to fill, Recent market changes have made recruiting qualified IT candidates at current salary ranges even more difficult. After performing a nationwide search, talking to numerous candidates, and interviewing three, we have determined that David Wood's qualifications, experience, and knowledge are not available at the base salary. Therefore, we are recommending an offer at $52,291,70; this is 20% above the base salary of $43,576.42. This offer would be pending a background check, drug screening, and physical. FUNDS AVAIL: Funds are available in the current Information Technology FY05 and FY06 (proposed) budget under the existing position. PREVIOUS ACTION: None. RECOMMENDATION: Staff recommends the Board of County Commissions approve the request to offer David Wood the Webmaster position at a starting salary of $52,291,70. COMMISSION ACTION: l-' APPROVED [] DENIED [)4. OTHER: C6 Pulled prior to the meeting. CONCU2E: /~ --- Douglas Anderson - County Administrator County Attorney: Originating Dept: a- Review and ADDrovals Management & Budget: ¡(:çO urchasing: Other: ~ " \..;- '-' '-" '""" INFORMATION TECHNOLOGY MEMORANDUM FROM: Ray Wazny, Assistant County Administrator Dennis Wetzel, DirectoQ~ July 25, 2005 TO: DATE: RE: Webmaster Position After interviewing three external candidates for the Webmaster position, the I.T. Management Team would like to make an offer of $52,618,53 to David Wood, that is 20% above the starting salary of $43,576.42, The funds are available in the existing position and in the FY05 fiscal budget. The offer would be pending the BOCC Board approval, background check, drug screening and physical exam. Attached is the copy of the application form and recommendation from the Manager. Please review the attached documentation and let me know if you require any additional information. lease indicate by signing on the line below: Date: ~ø;- o as Anderson, County Adminis!J~tor cSv'óJC~ -;tV ð~ .APh;~l-- cc: Carl Holeva, HR Director '-"' ,..", '-' ...,.¡ INFORMATION TECHNOLOGY - ....... .~-~_.:.~_.~~.. -..... MEMORANDUM To: Dennis Wetzel. Director aJ d Brian Myszkowski, Assista Irè to~ Through: From: Jim Baranoski, Manag Date: July 25, 2005 Subject: Recommendation for Webmaster Position After interviewing three external candidates for the Webmaster position, the committee has unanimously selected David Wood. I recommend that David Wood be offered the Webmaster at 20% above the normal starting pay of $43,576.42 bringing it to $52,618.53. The committee agreed with this recommendation. The committee was comprised of: Dennis Wetzel, Director Brian Myszkowski, Assistant Director Jim Baranoski, Manager Human r\~@3 ìC{ðSð~. ~ eel} \~!~ Resour '-"\ ~- \.; ~(~t:) '.' . ~,e 7J~ y..p ST. LUCIE COUNTY ,ã!>ARD OF COUNTY COMMISSIONERS EQUAL OPPORTUNITY EMPLOYER ~ 2300 Virginia Avenue Fort Pierce, Fl. 34982 - 5652 ~ O~ \ Tel...h... (772) 462-1546 J~hn.. (772) 462-1967 O ( '.. .."..,. /) ~ ~. . http://co.st-Iucle.fl,us t) I f211r, ffVCJ- it) PLICATION FC>..R EMPLOY Date: May 25, 2005 /'I cQ~~ osition(s) Applied For: 1. Webmaster 2. 3. (PLEASE PRINT PLAINLY IN BLUE OR BLACK INK) Home Phone: David W. First Middle Initial Cincinnati, Ohio 45223 City State Zip Telephone # where you can be reached: 513-542-1302 Part-Time: D. Were you previously employed by us? No Are you a U.S. Citizen? Yes If not, Alien Registration or Visa Classification Form # . ~ ~ ~ --= Would you w List any friends or relatives working for us: None If your application is considered favorably, on what date will you be available for work? June 2005 ~ ~ ~~ J ~ THIS EMPLOYMENT APPLICATION MUST BE COMPLETELY FILLED OUT AND SIGNED. List below all present and past employment, beginning with your most recent employment and describe all periods of employment including self-employment, unemployed periods and military service. Employment history must be complete. Use additional sheet if necessary. ~A-........ \...; ....I '-" ...,.¡ LENGTH OF EMPLOYMENT Firm Name Ci and State C:incinnati, Ohio 45202 Cinergy From: Month Year To: Month ear alarv Reason for Leavino March 2005 Present 2005 Negotiable Presently Employed Y S T e of Business Your Title Name and Title of Immediate Su ervisor Phone # Public Utility Supervisor Discussed at interview Discussed at interview the nature of the work supervise and mentor Apprentice Customer Project personnel and trainers Project Management of current and new training programs and processes for Customer Projects and various other departments Liaison between departments to ensure completion of work in accordance with bargaining unit agreement Evaluate effectiveness of programs nd i entify better means of accomplishing results Please refer to Resume lor ad i . alifications . \orC ðt" C) [I'k- . ìv S {) (2ß/J' ') 1) ~r= cr-- £e.¡cÞ r.s / . Ci From: Month Year To: Month Year Salarv Reason for LeavinQ March 2004 March 2005 upward path Promotion .. . . .. ~ T e of Business Your Title Name and Title of Immediate Su ervisor Phone # Public Utility Training Specialist Discussed at interview Discussed at interview Identify program objectives, develop course outlines, case studies, role-plays, training manuals and reference materials Assist and interview Subject Matter Experts for the documenting work practices and identify the most effective means of delivery to the organization (Corporate computer applications and electric/natural gas engineering design) Present materials and new processes/programs to small and large audiences in a professional and organized manner Create and update training aids and related documentation Firm Name Ci and State Cincinnati, Ohio 45202 Cinergy From: Month Year To: Month Year Salarv Reason for Leavina January 2000 March 2004 upward path Promotion \ Tvoe of Business Your Title Name and Title of Immediate SUDervisor Phone # Public Utility New Media Specialist Discussed at interview Discussed at interview Develop and maintain the corporate web site of over 3,700 pages using Content Management Software (Red Dot Solutions) Conceptualize ,design, and develop internal and external web-related material to meet or exceed the needs of internal or external customers Design and develop content and provide technical support for the corporate intranet portal (Plumtree) and other web-related resources and sites Implement new technologies and software updates and communicate or train peers and end users 2 '-" ..., '-" ...,.¡ RECORD OF EDUCATION HiClh School: Colleae: Other-/SDecifV) Name/Address of School: Name/Address of School: Name/Address of School: William Mason High School Thomas More College Cincinnati State Course of Study: Course of Stud v: Course of Study: General Business Engineering Check Lasl Year Completed: Did you Graduate? List Diploma or Degree: ¡~ Yes 0 Associate Applied Science - Civil Engineering No 0 Associate Applied Science - Chemistry You will be required to furnish copies of your Social Security card. Drivers license and diplomas at time of employment Type(s) of computer(s) pc and mac Typing Speed 60+ WPM Steno Speed WPM Indicate any other experience, skills or qualifications not mentioned in this application: Military If you are claiming Veterans Preference - A copy of your 00214 MUST be attached. Were you in U,S. Anned If yes, what Branch? Rank at Discharge: Type of Discharge: forces? Yes: 0 No: 0 List duties in the service including special training: Are you claiming Veterans preference? Yes: 0 No:O Have you ever been employed by the state or a political Date of Duty: subdivision of the state including municipalities? (Include month, day and year) Yes: 0 No:0 From: To: Legal Have you EVER been convicted of or pled guilty, no contest or nolo contendere to a crime? Yes:D No: [1] If you answered YES to the above Duestion, Dlease Dive details below: Date Where arrested (Citv, State) Nature of charae Penaltv/DisDosition Have you EVER been charged with a crime and either been placed on a court ordered probation, have adjudication withheld, or entered a pre-trial intervention program? Yes:c:J No:0 If you answered YES to the above Duestion, Dlease Dive details below: Date Where arrested-¡CitV, State) Nature of charae Penaitv/DisDosition By my signature, I certify that I know, understand, and agree that any false statement or omission of infonnation requested will result in my immediate tennlnation. May 26, 2005 Date Signature of Applicant 3 \.,.. ...." '-" ....,; Applicant Driving History: Directions: Please print information EXACTLY as shown on dñver's license. Dñver's License #: State in which County in which Type: Name and address If you have not held RK244525 issued? issued? CDL (class) if different from a Floñda Driver's Ohio Hamilton application: License for the Operator past three years, please give the state in which it was issued. Is your license Has your license Has your IIcense(s) Has your license(s) ever been suspended? currently valid? expired? ever been revoked? Yes:0 Yes: 0 Yes: 0 Yes: 0 No: 0 NoD No: [l] No: [Z] If yes, give complete details. . List all traffic citations received within the last seven (7) Havr:f ever clŽf'eted a Defensive Driving Course? years. For each offense, give date, description of offense, city Yes No: ,¡ and/or state in which offense accurred and disposition of case. If yes, give complete details: (Month/day/year) None EMPLOYMENT APPLICATION CERTIFICATION I hereby certify that all of the facts and information listed on this emplayment application are true and complete, I understand that any false, incomplete or misleading information given by me on this application Is sufficient cause for rejection of this application. I also understand and agree that any such false, incomplete, or misleading information discovered on this application at any time after I am employed may result in my dismissal, . I hereby authorize the County to investigate all statements contained in this application, to interview the references and previous employers listed in this application. I authoñze the references and previous employers listed to give the County all facts, opinions and evaluations concerning my previous employment and any other information they may have, personal or othelWise, and release all such parties from any liability which may allegedly arise from furnishing such information to the County, including, but not limited to, any liability defamation or invasion of privacy. If I am offered employment, I understand that such an offer will be conditional upon satisfactory results of a background investigation and/or County medical examination or inquiry, including a drug screen tesllf then employed, I understand that I will be required to serve a six (6) month training peñod. I further understand that my employment Is at the discretion of the Board and compensation and employment can be terminated, with or without cause or notice, at any time, regardless of the successful completion of my training period, at the option of either the County or myself. I understand that no supervisor or other representative of the County other than the Board has any authority to enter into any agreement for employment for any specified peñod of time, or to make any agreement contrary to the foregoing. I further understand and voluntarily agree as a condition of employment or my continued employment, that I may be requested by the County to submit to a urinalysis or other drug or alcohol screen test and that my failure to take such test(s} when requested to do so or unsatisfactory test results will disqualify me from consideration for employment, or if I am then employed, may result in my immediate dismissal. I certify that I have read, understand and agree with the above, 5/26/2005 Date Signature of Applicant 4 \.ow ....,¡ \w ...,.¡ ST. LUCIE COUNTY EQUAL OPPORTUNITY INFORMATION SURVEY St. Lucie County is an equal opportunity employer that supports and encourages the concept of Diversity in the workplace. All job candidates are treated equally throughout the employment process. To assist the county in monitoring their program, you are requested to provide the fonowing information. THIS INFORMATION IS VOLUNTARY. Completing or not completing this survey has no effect on the processing of your application. We appreciate your assistance and wish you success in your employment activity. NAME: DATE OF APPLICATION: SOCIAL SECURITY NO.: POSITION APPLIED FOR: HOW DID YOU LEARN ABOUT THlS JOB: Date of Birth: Month Day Year Female 0 Male D Veteran: Yes D No D Disabled Veteran: Yes D No D ETHNIC GROUP: Please identify yourself in terms of the groups below: o White - (not of Hispanic origin): All persons having origins in any of original peoples of Europe, North Africa, or the middle east. o Black - (not of Hispanic origin): An persons having origins in any ofthe Black racial groups of Africa. D Hispanic - All persons of Mexican, Puerto Rican, Cuban, Central or South America, or other Spanish culture or origin, regardless of race. o Asian - All persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands, This area includes, for example, China, Japan, Korea, the Philippine Islands, and Samoa. o Native American - All persons having origins in any ofthe original peoples of North America, and who maintain culture identification through tribal affiliation or community recognition. 5 \..,t ...., '-" ...,.¡ NationScan Fax Release Form Applicant Consent and Authorization (Release) In connection with your application for employment, understand that consumer reports or investigative consumer reports which may contain public record information may be requested or made on you including consumer credit, criminal records, driving record, education, current and prior employer verification, workers compensation claims and others, These reports will include experience along with reasons for termination of past employment. Further, understand that information from various Federal, State, local and other agencies which contain your past activities will be requested. By signing below, you hereby authorize without reservation, any party or agency contacted by this employer to furnish the above mentioned information. You further authorize ongoing procurement of the above mentioned reports at any time during your employment. You have the right to make a request of HireCheck, Inc., upon proper identification and the payment of any authorized fees, for the information in its files on you at the time of your request. For Minnesota or Oklahoma applicants only, if you would like to receive a copy of the consumer report, if one is obtained, please check this box,O App Sig. Date Position: Soc See #: Name: Driver's Lie #: Issuing State: CD Current Address: Current Address: Slate: Zip: City: County: Dates Resided: From: To: If you have additional addresses, please provide them on a separate piece of paper. For Minnesota, or Oklahoma applicants only, if you would like to receive a copy of your consumer report, if one is obtained, please check this box. 0 ~ ...., '-' ....,; David W. Wood 4686 Mission Lane . Cincinnati, Ohio 45223 . (513) 542-1302 · dwwood@fuse.net May 26, 2005 Mr. Jim Baranoski St Lucie County Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 Dear Mr. Baranoski, I am writing to present my qualifications for the Webmaster because I have many skills St. Lucie County Board of County Commissioners will find valuable, including project management, content management using Red Dot CMS, and web development technologies. My positions with Cinergy have provided me with the experience of developing, and maintaining the corporate we bs ite, which consists of over 3,700 pages, as well as, the company'sintranet system and employee portal. I have worked with internal customers to determine their electronic media needs and recommended solutions that turned their ideas into reality. I have been responsible for training and managing over 50 content managers/owners in the use of content management software, providing technical consulting, and ensuring that corporate standards are followed in all website applications. I have also been a key player in three corporate web site re-designs. I am currently responsible for an on-line customer engineering training portal that contains over 2,500 training materials. Your ad describes stimulating challenges that are well matched to my project management skills and technical expertise. As my résumé indicates, I have contributed to the growth and profitability of my employers through a combination of technical, project management, and training/development initiatives. My success has been built on a simple philosophy of focusing on the customer, paying attention to the bottom line, and delivering as promised, I am confident that my organizational skills, attention to detail, and ability to coordinate people and resources will enable me to quickly become a valued member of your development team. I am seeking to make a solid, progressive career move and would appreciate the opportunity to discuss my skills I can bring to your team. I look forward to your favorable reply with the opportunity to interview for the position. Sincerely, Enclosure '\ , \\ ftli d flV("7 \ -reel \ Ø''' 5\ (__:,~c( ,<;\7 David W. Wood ~ ..",; '-'" ...,.¡ DAVID W. WOOD 4686 Mission Lane . Cincinnati, Ohio 45223 . (513) 542-1302 · dwwood@fuse.net _______ Project Management . Training & De.telopment · Web Design & DeIøIopment ------ Progressive experience in website developmen~ combined with skills in using leading edge technologies to build cost-efficient, top-performing computer-based training systems. Project management experience, tram initial concept through implementation. Additional background in customer support, troubleshooting, problem resolution and business development. Dedicated team member with a reputation for doing whatever it takes to get the job done. Key strengths: )- Effective communication and interpersonal skills. Talent for explaining technical information in a way that enables customers to perceive tangible value. Group presentation experience. )- Excellent organizational skills. Attentive to detail while maintaining clear focus on overall direction. Efficient in prioritizing work, coordinating multiple simultaneous projects, and meeting deadlines. )- Solid leadership capabilities. Reputation for bringing together diverse individuals to work as a team to achieve corporate objectives. )- Creative idea generator. Skilled developing innovative solutions to complex business challenges. Professional Experience CINERGY CORPORATION (formerly Cincinnati Gas & Electric Co.), Cincinnati, Ohio 1991 - Present Progressed through a series of increasingly responsible positions for this leading Midwest utility company, culminating with promotion to SuDel'Visor. System Development and TedlniCl!lI Training, Customer Projects in 2005 From System Developmert and TeclYúcal íraining SpeciaIist, Customer Projects. Employee TraIning & Development Enhanced revenues, growth, and profits by establishing and directing projects related to website development. Managed people and resources to achieve productivity, quality, and cost objectives. Provided project management, programming and consulting services to customers in departments ranging from marketing to accounting. Strong qualifications in: · Client Needs Assessment · Resource Allocation · Quality Assurance · Feasibility Analysis · Software Engineering · Implementation · Forecasting & Planning · System Design · System Troubleshooting · Estimating · Compliance Issues · Client Training & Support . Consistently achieved customer satisfaction ratings of 95%+. Designed an improved project data center lor project management team, Eliminated problems with storing large liIe-size documents, added 2 levels of security, and enhanced functionality by providing a central location for team members to view the most up-to-date project Iiles. Trained all project managers in use 01 new system. System Administrator for the Customer Projects Engineering training portal consisting of over 2,500 training documents and educational materials. Designed computer-based training (C~T) courses on a variety of safety and technical subjects. Developed course ol1lines, case studies, training manuals, and reference materials. Used creative skills to ensure presentations were informative, visually pleasing, and user-friendly. Transferred existing printed training materials to electronic formats. Met with management to determine training goals. Conferred with subject matter experts to ensure the most up-to-date information was provided to trainees. Evaluated training classes and CST courses and adjusted presentation and content to ensure effectiveness and return on investment. Conducted dassroom training and seminars for groups of up to 50. Adapted presentations to fit different learning styles and varying degrees of technical proficiency (accounting clerks, office coordinators, engineers, technicians, mechanics, supervisors and managers). Consistently achieved a 90% or greater satisfaction rating on training and technical support. Proactively addressed diversity issues and helped break down barriers to communicatio~, productivity, and enable effective teamwork as a member of the Corporate Leadership Diversity Council. ProJect Management . \..- .., ~ -...I C OI1iN.J8d DAVIDW. WOOD Page 2 Prior positions with Cinergy: System Development and Technical Training Specialist (2004-2005), New Media Specialist (2000-2004). Development Specialist. Safety & Technical Training (1999-2000). Engineering Technologist, Gas En!jneering (1998-1999). Gas Technidan. Gas Engineering (1994-1998). Customer Service Representative (1992-1994), Laboratory Technician (1991-1992). . Technical positions provided experience in preparing sketches and construction drawings, performing and supervising CAD/drafting work. developing gas service installation designs, developing documentation, collecting and analyzing environmental samples. Was considered Gas Engineering data mart expert responsible for creating custom reports, forecasting, and project planning. Office/customer service position involved researching data, composing correspondence and reports. receiving and applying payments, ete. in the Credit & Collection Department. Technical Expertise · HTML · JavaScript · Active Server Pages (ASP) · VBScript · Cascading Style Sheets (CSS) · SOL · Windows NT 4.0,2000, XP Played a key role in developing the corporate website utilizing RedDot Content Management Soltware, cinergy,com (3,700+ pages, 9.5 million hits a year, and over 50 content managers/owners). Conceptualized. designed. and developed internal and external web-related products to meet the needs 01 internal customers in departments sudi as Customer Service, Engineering, and Corporate Communications. Developed content and provided technical support for corporate intranet portal (Plumtree) and other web-related resources. Modified corporate website to increase customer awareness of online options lor viewing billing information, locating bill-payment centers, submitting meter readings, ete. Built in 2002 Created an internal website and navigational graphics that facilitated quick modifications and a new "silent auction" function that was instrumental in raising over $1 million for United Way ($50.000 over goal~ Webslte Design & Development · Frontpage · MicroStation · Adobe Acrobat · PhotoDraw · MS Visuallnterdev · Dreamweaver · Flash · Fireworks · MS Office ryvord, Excel. powerPoint. Access) · Adobe PhotoShop · Plumtree Corporate Portal · RedDot Solutions (Content Mgmt.) · Cognos Impromptu (Data Mart Reporting) · AutoCAD · WYSIWfG editors. (hand-coding experience) o LABORATORIES 1981 -1991 Re.arch Assistant _ Trained technidans on new test methods and procedures. Involved in test development; evaluated feasibility of new procedures and played an active role in implementing process improvements. Represented the company attrade shows. Prior position: Laboratory Technician (1981-1989). Education THOMAS MORE COLLEGE Bachelor of Business Admlnlslraliol\ Cum Laude 2000 CINCINNATI STATE TECHNICAL & COMMUNllY COLLEGE Associate of ScIence In Web DesIg1 TechnoIogy Assoclat. of ScIence In Civil Engineering Tecti1oIogy, EnvIronmenbll Major Associate of Applied Sciences, Special emphasis on Chemistry, Physics, and Mathematics Publications Knight. MT; Wood, OW; Black, JF, Gosney. G; Rigney. RO; Agin, JR; Gravens. CK; Farnmah, SM. Gram-negative identification card for identilication of Salmonella, Escheridiia coli and other Enterobacteriaceae isolated from foods: Collaborative study," Assoe. Off. Anal. Chem., (Vol. 73) No.5, p. 729-33 (1990). Knight, MT; Black. J=; Wood, Ow. "Industry perspectives on Listeria monoc.ytogenes," Assoc. Off. Anal. Chem.. (Vol. 71), No.3, p. 682-3 (1988). In progress 1997 1988 '\ . To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: '-' ~ -.".,¡; 'wi Agenda Request Item Number Date: Consent Regular Public Hearing Leg. [ ] Board of County Commissioners Growth Management --Ý1- 08/02/05 [X] [ ] [ ] Quasi-JD [ Presented By ~-'----'---'-, .r--- .. _--~::5---- ---__ - , Assistant County Administrator'" --' Request of Robert Trenary for final plat approval for the project to be known as First Replat in Jana Pa/1( Subdivision. This project is located at the southeast corner of the intersection of Orange Avenue and Interstate 95. Robert Trenary has submitted the final plat for the project to be known as First Replat in Jana Pa/1( SID located at the southeast corner of the intersection of Orange Avenue and Interstate 95. The purpose of the replat is to relocate Copenhaver Road. NIA On May 16, 2005, through Growth Management Order 05-013, the Assistant County Administrator granted minor site plan approval for the project to be known as First Replat in Jana Park SID. Approve the final plat of First Replat in Jana Pa/1( SID and authorize its final execution. COMMISSION ACTION: [)(] APPROVED D DENIED D OTHER Approved 5-0 County Attorney Originating Dept: Finance: ~ Coordination! Signatures Mgt & Budget: Environ. Res. Div. I\! ~1 ì ~ Purchasing: Other: '-" 'wtJI '-' ....,; Missy Stiadle - Pulled Agenda Item From: To: Date: Subject: Missy Stiadle Agenda 8/2/20058:26 AM Pulled Agenda Item Please pull agenda item C6. This item has been taken care of. Thank you. Page 1 of 1 file :IIC: \Documents%2 Oand%20Settings\Administrator\Local %20Setti ngs \ Temp \G W} 0000,., 8/212005 'will AGENDA REOUEST """".TEM NO. CI2 DATE. August 9, 2005 REGULAR D PUBLIC HEARING [] CONSENT [X] TO. Board of County Commissioners .UBMlnED BY (DEPT). Administration 'UBJECT. Commissioner Lewis has requested that Peter WittRuhns serve as her appointee on the Bicycle/Pedestrian Advisory Committee. BACKGROUND. On March 8, 2005, the Board of County Commissioners approved the reorganization ofthe Bicycle Advisory Committee as the Bicycle/Pedestrian Advisory Committee. Members of the committee would serve the Board of County Commissioners by reviewing County policy and projects as they relate to bicycle and pedestrian needs. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On March 8, 2005 the Board of County Commissioners approved Resolution 05-076 facilitating the reorganization of the County IS Bicycle Advisory Committee into the Bicycle/Pedestrian Advisory Committee. RECOMMENDATION: Staff recommends that the Board ratify Commissioner Lewis's appointment of Peter WittRuhns to the Bicycle/Pedestrian Advisory Committee. COMMISSION ACTION: CONCURRENCE: o APPROVED o OTHER: o DENIED Douglas M. Anderson County Administrator Review and A......va.. County Attorney: _ Management & Budget: _ Originating Dept: _ Other: Finance: _ (ChecR for Copy only, if applicable) Purchasing: _ Other: Effective: 5/96 '- -..."J '-' ...,.¡ COMMISSION REVIEW: August 9, 2005 GROWTH MANAGEMENT DEPARTMENT Administration MEMORANDUM TO: Board of County Commissioners FROM: -. - -- - - -~ - - Faye Outlaw, Assistant County AdmiRistr-4tQr ì~(' '-- ~c_· --- - ' DATE: August4,2005 SUBJECT: Request permission to advertise for the Greenways and Trails/ Bicycle and Pedestrian Master Plan RFP. On September 13, 2001 the Board approved Capital Project Number 59 to prepare a county wide Greenways and Trails BicyclelPedestrian Master Plan. The Board approved a budget of $50,000 for this project. Staff has contacted surrounding counties regarding the cost of their studies for each of these items and is concerned that the $50,000 budgeted is not sufficient to provide a complete and usable study. Additional funds to be determined. Objective 2.3.1 of the S1. Lucie County Comprehensive Plan requires the development of a long range master plan to be updated on a regular basis for bicycle and pedestrian transportation needs. In addition, Policy 2.3.1.2 requests that the long range master plan include and address the need for integrated countywide and statewide greenways and trail network as part of the overall bicycle/ pedestrian plan, Staff is requesting for permission to advertise. cc; Doug Anderson, County Administrator Dan Mcintyre, County Attorney Vanessa Bessey, Environmental Resources Manager Karen Butcher, Bicycle! Pedestrian Coordinator Ed Parker, Purchasing Director Marie Gouin, Management and Budget Director '-' 'WIll ~ .""-tI ". Lllcie Count, Mosquito Control District Paula A. Lewis, Chairman Joseph E. 'lilith, Vice Chalrlllan Doug Coward Frannie Hutchinson Chris Craft District No. J District No. I District No. :& Dlsblct No.4 District No.5 AGENDA August ., :&005 I. MINUTE' Approve the minutes from the meeting held on July 26, 2004. :&. GENERAL PUBLIC COMMENT CON'ENT AGINDA I. WARRANTS Lln Approve warrants List No. 43 and 44 2. MO'OUITO CONTROL A. Purchase of 41 KW Diesel Powered Generator - Consider staff recommendation to approve Equipment Request No. EO 05-345, and Budget Amendment No. 05-115 for the purchase of a 41 KW Diesel Powered Generator, using Reserve funds totaling $19,990.00. B. Purchase of GPS Expandable System - Consider staff recommendation to approve use of passive, GPS recording equipment in order to substantiate treatment locations and to provide a safety management monitoring capability. 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 (JT2) 462- 1428 at least forty-eight (48) hours prior to the meeting. ~ 'wII '-' ...,.¡ MEMORANDUM TO: FROM: DATE: SUBJECT: Mosquito Control District Board James.R, David, Mosquito Control Director July 26, 2005 Purchase of 41 KW Diesel Powered Generator BACKGROUND: Staff requests permission to utilize Reserve funds, towards the purchase of one, 41 KW Diesel- Powered Generator. The generator is to provide a power supply for back-up aeration at the Bear Point Mitbank, and to provide electric power to the District Inspection Division building during emergencies (Le. Hurricanes). The generator can also be used to operate impoundment pump stations when power is lost during prolonged outages in those areas, in order to protect impoundment fish populations from stress. and provides the capability to test electrical equipment during periods of power failure when assessing damages, The low quote for the purchase of the generator Is $19,990. Equipment Request Form No. EQ 05-345, and Budget Amendment No, 05-115 are submitted for Board Approval. RECOMMENDATION Staff recommends that the Board approve Equipment Request Form No. EQ 05-345, and Budget Amendment No. 05-115 for the purchase of one, 41 KW Diesel Powered Generator. using Reserve funds totaling $19,990,00. wi ST. LUCIE COUNTY BOARD OF COUNTY CO MISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2004-2005 DEPARTMENT: MOSQUITO CONTROL RECOMMENDED: YES NO REVISED JUSTIFICATION: A 41 KW back-up electrical generator is being requested to provide water column aeration for the Bear Point Mitbank during drawdowns and as a back-up for the existing aerator generator. as well as, for emergency electrical generation for the InspectIOn Division during Hurricane season. EQUIPMENT REQ#: EQ05-345 ACCOUNT#: 145-6230-564000-600 '" '-" ...., ..."" BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: MOSQUITO CONTROL PREPARED DATE: 7/26/2005 AGENDA DATE: 8/9/2005 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 145-6230-564000-600 Machinery & Equipment $19,990 FROM: 145-9910-599300-800 Reserves $19,990 REASON FOR BUDGET AMENDMENT: Electrical generator is beina reauested to Drovide water column aeration for the Bear Point Mitbank during drawdowns and as a backup for the existina aerator generator, as well as, for emergency electrical aeneration for the Inspection Division during Hurricane season. CONTINGENCY BALANCE: n/a THIS AMENDMENT: n/a REMAINING BALANCE: n/a DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: BA05-115 DOCUMENT # & INPUT BY: '-' .....I w '-' It- MEMORANDUM TO: FROM: DATE: SUBJECT: Mosquito Control District Board James R David, Mosquito Control Director July 27, 2005 Purchase of GPS Expandable System BACKGROUND: The District is required to substantiate chemical application locations when applying mosquito control treatments. When applying ground adulticides, our computer monitoring equipment has a GPS program (Tracker) which is effective in providing this information. However, our ground larviciding spraying equipment has no tracking system built-in. Staff . proposes to install an expandable, passive, auto-downloading, 900 mHz, GPS system, in our ground larviciding/spraying (and other) equipment, in order to be able to track and maintain records of ground applications and productivity measurements. The cost to initiate this system with one unit and all necessary transceivers and software programs, is $3,633.00. The per/unit cost for each additional unit purchased is $1,260.00. RECOMMENDATION Staff recommends that the Board approve use of passive, GPS recording equipment in order to substantiate treatment locations and to provide a safety management monitoring capability. '-' >...I ..I Quote \/0. 9313 Date: 7/26/2005 \p ~ FleetBoss 241 O'Brien Road Fern Park, FL 32730 Phone: 877 265-9559 USA. Fax: (407) 265-0365 Contact: Mr. James R. David St Lucie County 3150 Will Fee Road Ft. Pierce, FL 34982 U.S.A. Account No. 1 1059 Account Phone: (772) 462-1686 _a.ty_ltem ID Description UOM Sell Total 2500-KIT-VFIIHSII()[{T}W/O R/ I'h...· Boss :.)D() New Vl' Hcle KII \\/0 RaJI() I!\ l}1)(i(JtHJ $LJP()DU Facl1ll1cllidl'~ -º.!J:...~ 11\.'tl1[)rs¡,;r1JJ110Jl I ~500-\·U!!CI..l:':,,~'\i 'r (SIIORTI Wi( rhc I~~)ss 2~O() \'t.'hlL.:11:' I.'nll - Shull ,^,'n R¡tdl\) Winl1~ HaJl1t:ss 2 Sl:ì5-Hr\R ~ESS-Mt)l31 LL: I cs·ola CT-004 ßlImper Stickers 250û/350Q Installation Insrructions RF MODEM-KIT/MOBILE 900 M Mobile RF Modem w/ power adapter EA 250000 $250.00 Each includes' ~ IlcmlD I RF MODEM-PWRlqV I RF \10DEt....!-CBL/RJ-45-DB9 RF \1100EM-UNIT 1)00 MHz/IND ItemDescriotion 9 volt power adapter for Radio \.1odem Mauem or PDA-Z·Mobile/RJ-45 \0 DB9/12 in Radio Modem Vehicle lndusrrial RF MODEM-KIT/BASe 900 MHz Base RF Modem w/ anlenna. cable. adapter EA :::75.000 $275 (X) Each includes .Q.!y., IlemlD I Rf MODEM·PWRi9V I RF MODEJ\f¡-CBLiRS-231 Rf MODEM·ANT/90m....1Hz RF MODEM·BASE UNIT 901> MHzll ltemOescr1D\ion 9 voll power adapler for Radiu Modem Modem·2-ßase/Seria! ç;'1ble ,-\ lIœnn 01 lor QUO MHz Radio \i1odem Base Kit RlJdlO Modem Base Industnal 1.00 SVC IN SOFT I 00 SVC IN MU 1.00 SVCSPTOI BASIC Insmll SoJtwure Insti.lll mobile unit, swndmd vehicle inst.11lation Sot\ware Suppor! Plan - 8 b\ 9990UO $l)Y9 ()() U\ 3001lUO $30(J,I)() [1\ 300 ()()O $300 00 1'1\ o UOO $()DO fiR (! I!I!O $I! 1111 HR 151fOOU $1511 110 EA IIOO(JI! $110.00 EA 349.01!O $34900 Item Toml $ 3.63300 Total: $ 3,633.00 [-:nh.:rrnsc ßasc Sultion SW Soft\\'~1r~/1\'1¡¡p I)()inu R) 'I"RA l)()~J N I)-! ,13 ~\'I-K I' I' FB Enterprise software Minosot't Murl)ollll(R) LlCt:llSL' I'IIAMTOM I:.\T. .~NT W/I'OU: MOl.NI Mag.netll' f'vlollll1 Dual Muglìt'tll' Mount DU<l1 w!stù I()'!en rg..lì'¡ i..'nblelslllil Rcverse (Jtol.:udll1g St:rviœ - soon I no SV(-(;!'o Prices are ¡11'm until 8/912005 Quoted by: Dan Beatty 83te: 7/26/2005 Printed: 7/26n:005 ,1]1 PI\-'I P:1g.Ç 'lor '-' ...,/ ., Quote No, 9313 l);lle' 7/26/2005 '- " FleetBoss 241 O'Brien Road Fern Park, FL 32730 U.S.A. Phone: 877 265-9559 Fax: (407) 265-0365 Contact: Mr. James R. David St Lucie County 3 I 50 Will Fee Road Ft. Pierce. Fl_ 34982 U.S.A. Account No I 1059 Account Phone: (772) 462-1686 Qty. Item ID Description UOM Sell Total Pricing is based on all components necessary 10 operate one unit. Secondary quote will be provided to show cost or adding addlllOnal units. Additionial viewing seats are $300.00 each and will require an additional copy or MapPoint at an additlllnal $300.00 each. For an additional downloadll1g location, an additional external antenna S3Üü.üO and an additional hase station $285.00 will need to be purchased. Accepted by: Date: FUTTI10SS WMUZ;\N1Y DEALER herchy \varra!HS to CUENT that all offill' materia] 11l~{¡JIIt:J IS ugn:t.:u to hi.: tiS :ipt.'lIlied cUll! is 111 <!ccordanœ with the 111anuIÜctllrcr'~ specdications DEALER'S ohllg.nllon umh.:r ¡hi::) \\arranly shall h...: 111l'¡l~J lO the r",:p:'lIr or rl.:plüCl..:mellt or an!: part \vhidl may prove ucfecLJve Linder nonn,¡ use w!thlll 12 months from the dal~ ofplln.:hast.:, amI which DEALER'S ex( minaliol1 shall cJisc!osc 10 be de!"ective 2. II'CLlENT shull discover a delCcI In thc products supplied under this Agreement. CLIENT ,hould immediately contact DEALER In wflting or by telephone, at the address and telephone number set rorth, and fully descflbe the nature ol'the delcct so Ihm repair service may be rendered, 3 TW, W(\RRANTII'S S[T fORTH HEREIN ARf: IN U[U OF All OTHER WARRANTIES. I'XPRESSI:D OR tMPLlED. WITfIOlJT LIMITATIONS, THE CONDITION OF TilE EQL1PMENT, ITS MERCHANTABILITY. OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THE CLIENT ACKNOWLEDGES THAT NO OTHER REI'IŒSENT/\TIONS WERE MADE TO IT OR RELIED UPON BY IT WITH RESPECT TO THE QUALITY AND FUNCTIONS OF THE PRODUCT 4. This warranty does not cover any damage to mateflal or equipment caused by accident, vandalism, fire, mtrus]on, abuse. misuse. an act of God, any casualty, attempted unauthorized repair service, modification or improper installation by anyone other than the DEALER and any other cause beyond the control o I' DEALER. Any tampering with "The Boss" unit millilics and voids the warranty. 5. Each vehicle unit has mtegratcd self-resetting fuses to protect "The Boss" unit again,t electrical surge damage There]s no \vilrranl) on these fuses 11""1'1112 Boss" lII1il4llÌlS \\'orklng., pleasl' reler to till: trouble shouting guide hcforc calling It)f ¡I repair serVH,:e 6 Il'lhcn.: is UIIY conniel between ¡hIS :\grct:l11clìt i.lml C!.ll~NT'S pllrch~lse on.kr. or i\llV other docunH:'I1( this l\gn.:cmcl1\ \\ ill gnvcrIl, whether sueh purchase mòer ur ol1l1.:r cJOl..'Un1cnt i.c; prior nr subsequcnt 10 this 1\g.rcclllcnl For all service i.mJ warranty nccus, ph:use contact your Selllllg DL/\LLR For J'mther information. you may inquire at our \V~hsite ,v\Vw.rleetboss.com or contact Nalional Corporate Headquartcrs at· 1"lEETGOSS Gtobat Pusitloning Solutions, Ine 241 (J'Bnen Road. Fern Park. Fl 32730 407-265-9559 'The Bo~s" IS a r~gJstered trademark ot' FLEETBOSS (nabal Positioning Solutions, 1m:. Prll1lt:d 7i2ó/2005 4::'\2 I'M Pag,f: 2 l)f 2 ~ . ~ ...",,¡ ..." Quote No. 9315 DalC: 7/26/2005 FleetBoss 241 O'Brien Road Fern Park, FL 32730 U .SA Phone: 877 265-9559 Fax: (407) 265-0365 Contact: Mr. James R. David 5t Lucie County 3 i 50 Will Fee Road Ft. Pierce, FL 34982 U.S.A. Account No. I 1059 Account Phone: (772) 462-1686 Qty. Item ID Description UOM Sell Total 2500-KIT-VEIII-tSIIOIU)W/O RI The Boss 2500 New VehICle Kit w/o Kaulo Ei\ Y()O 000 $9011110 1·.~1dl !lli.:llIlh:s !2.tL ili:!!l..ill. Itc111D¡:~¡,;nntion I 2~í)(¡- \'FI!lCU':-L'NIT ¡SHORT) W/( rhe lius!> 15( [J Vehicle Unit _ Shon ~"¡11 Radio 2~"':>5·IIARr\'[SS-,\IOUI L.[ \VllIllg. Harn!;'ss CS·O I X ßUll1per Slickers CT-004 2500/3500 Installation Instructions Rf MODEM-KIT/MOBILE 900 M Mobile RF Modem wi power odapter EA 250 000 $250 00 Each includes: 2!.Y.. Item ID 1 RF MODEM-PWR./9V 1 RF MODEM-CBLlRJ·4j·DB9 I RF MÜDE:vl·UNIT 9Qü t\IHz/r'lD ItemDescnotion 9 volt power adapter for Radio Modem Modem or PDA·2-Mobile/RJ.45 10 DB9/12 in Radio Modem Vehicle Industrial Magnt::lic MOlmt Dual 1 00 sve IN MU Magnetic Mounl Dual w /std 10' len rg-174 cubk/slTIu lnsmlllllobde llllJl, slUndard velm:lc Illswllnllon EA o OOiJ $I) ()O F¡\ 110 DUO $11000 Ilem TOlal $ 1,260.00 Total: $ 1,260.00 Prices are tìrll1 until 8/9/2005 Quoted by: Dan Beatty Date: 7/26/2005 Pri¡,;ing is oasL:u 011 ca¡;h udtJitional veil ide lInll It)f units 2 to 24 Jnstallallon is shown per Llnit based on sprctlding base installation cost UVl:r all unils, Accepted by: Date: Prinrt:d: 7.r:?:6/2005 '-1:-1'1 !'i'd 1',1g,t: I ('1'2 '-" ""'" ...., Quote ;\0, 9315 Date' 7/26/2005 ~ . FleetBoss 241 O'Brien Road Fern Park, FL 32730 U S.A Phone: 877 265-9559 Fax: (407) 265-0365 Contact: Mr. James R. David 5t Lucie County 31 SO Will Fee Road Fc Pierce, FL 34982 U.S.A. Account No. 11059 Account Phone: (772) 462-1686 _all Ilt!e:¡m".I,D D.e_s,c~r.i,p.t,i,o,n. V·'Q'M- S""ell Tr.!olz;ta 1 H.L:ETBUSS VvARR¡\Nî Y fJ!.:AL,[!<. Ìlereby warnltHS iO CLlI·:NT th~}( allufthc l1lull'rial insl~1lkd is agn.':l:o \n hl' as sf'Jl.'cl!ku und IS in :¡ccDn.hulí':c \I,.'tllllhc 1lli.II111facturcr's spccdi(..ltlOns DL/\l.ER'S ohllgatioll under thIs "Vi.lIT81l1\ shall hI.: Illllil~tllO Ih~ rl'pé.1lf or rl'pIiH.:t:Illl'llt orallY 1<1!'t w\1I(.:11 muy prove ddeclIv¡;: under normal Lise Wlthlll 1211lunths from lhl: datl' Dfpurcha..<;¡l'. anu W\llcl1 DE/\LER'S examinHl\Oll shull Jisclosc 10 he defective 2. If CLI ENT shall diScover a detect 111 the products supplied under tl1l5 Agreement, CLIENT should immediately contact DEALER in wrllIng or by telepbone, at the address and telepbone number set forth, and tully describe the nature oftbe defect so thai repair service may be n:miered , THE WARI{ANTIES SET I'ORTH HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. WITHOUT LIMITATIONS, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE THE CLIENT ACKNOWLEDGES THAT NO OTHER REPRESENT A T10NS WERE MADE TO IT OR RELIED UPON BY IT WITH RESPECT TO THE QUALITY AND FUNCTIONS Of- TI·IE PRODUCT 4 This warranty does not cover any damage to material or equipment caused by aceidem, vandalism, lire, intrusion. abuse. misuse, an act of God, any casualty, allempted unauthorized repair service, modification or improper installation by anyone other than the DEALER and any other cause beyond the control of DEALER. Any tampering with "The Boss" unit nullities and voids tbe warranty r:<lch vehicle unit l1as integrated self-rl:setting fuses to protect "The Boss" Llnll againsl electrical surge Liulllage There 15 no \varral1ty on these fuses If "Thl.: Boss" unit quits working, please r~fcr to the trouble shooting. gUilh: before c811ing for a n:p..m s~rviL:e 6 Irtht.:n~ IS lll1~ conllie! h~'\\"~l'1l1hìs /\gn.:cll1cnt ilml CUI·:\Jrs rmchasl.: orucL Dr ;my otl1cr uW':UIl1C'llt. thIs .~gre·':ll1l.;'nt w1l1 govcrn, whetl1t:r stich ¡1ur<.:lwst.: oruL'r lH nllll:r uon\lm:llt lS prior or ~lli1Sl:qUl.:nllo this !\grc-l:lllcnl. I-"or all ,c-rviœ and \VarfHnl)' m.:eJs, pkllse ¡;Olllact your Selling DL~¡\LER For further inforlllalioll, yOlll1lay inquire at our website: \vww.llcetboss.com or contact National Corporate Headquarters at: H"E[TBOSS Global Positioning Solutions, Inc 24 I 0'13rièn Road. Fern Park, FL. 32730 407-265-955') "The Goss" is a registered trademark ofFLEETBOSS Global Positioning Solutions, Ine. Page 2 ~Jr 1 Printcd: 7/26/"2005 '-\:44 Ptv! .. "-' ',-, 07/22/05 ST. LUCIE COUNTY - BOARD FZABWARR ...., WARRANT LIST #43- 16-JUL-2005 TO 22-JUL-2005 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 145821 IRL 2004 License Plate Grant 488,479.69 29.70 GRAND TOTAL: 488,509.39 .." PAGE " PAY~OLL 0.00 0.00 0.00 1 ,. '-" ..., '-' ....,; BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: July 26, 2005 Tape: I Convened: 9:00 a.m, Adjourned: 10:25 a.m. Commissioners Present: Chairperson, Frannie Hutchinson, Paula A. Lewis, Doug Coward, Chris Craft, absent, Joe Smith, absent Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst, County Administrator, Dan McIntyre, County Attorney, Pete Keogh, Parks and Recreation Director, Beth Ryder, Community Services Director, Ed Parker, Purchasing Director, Mike Bowers, Utilities Director, Marie Gouin, M & B Director, Mike Bri1lhart, Growth Management, Mike Pawley, County Engineer, Mi1lie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com, Lewis, seconded by Com, Coward, to approve the minutes orthe meeting held July 12, 2005, and; upon roll call, motion carried unanimously, 2. PROCLAMA TlONS/PRESENT A TrONS A. Resolution No. 05-299- Proclaiming September 1,2005 through September 11,2005 as "Fire Fighter Appreciation Day" in St. Lucie County, Florida, It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 05- 299. and; upon roll call, motion carried unanimously. B. The County Administrator announced the Employee 0 f the Quarter I~ric Jackson, Parks and Recreation Dcpt. C. The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS None 4. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Coward, to approve the Consent Agenda, with itcms C-6C and ClOD pulled, and; upon roll call, motion carried unanimously. 1 . W ARRANT LIST The Board approved Warrant List No. 42 and 43. 2. COUNTY ATTORNEY A. IÜ:sollltioll No. 05-300 and Resolution No, 05-301- The Board approved Resolution No. 05-300 and Resolution No, 05-301 extendinß the State of Emergency for Hurricane Frances and Hurricane Jeanne and authorized the Chairman to sign the Resolutions. . f~ 1 07/22/05 FZABWARR FUND 001 001160 001164 001165 001168 001282 001292 001293 001294 101 101001 101003 101006 101106 101107 102 102001 105 107 107001' 107002 107003 113 114 119 1.23 1.29 129310 136 140 140001 140127 140316 140331 160 183 183004 315 316 316001 39008 39009 396 401 418 421 '-" '-' ST. LUCIE COUNTY - BOARD ...,.¡ ",- WARRANT LIST 1143- H-JUL-2005 TO 22-JUL-2005 FUND SUMMARY TITLE General Fund Segtion 112/MPo/Planning FY 04/05 USDOJ'Violence Against Women Grant CSBG Grant FYOS Urban Mobile Irrigation Lab 04/05 FDOT Transit Services Marketing PIn TRIP TDC Planning Grant FY 05 FDCA/EMPA 2005 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/Local Option Transportation Trust/Impact Fees USDA (NRCS) Emergency Watershed prt St.JohnsWMD-Indian River Dr-Stabil1 Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E91.1 Surchar Fine & Forfeiture Fund-800 Mhz Oper Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday pines Fund Queens Cove Lighting Dist#1.3 Fund Parks MSTU Fund FRDAP Grant-Lawnwood Recreation Com Monte Carlo Lighting MSTUII4 Fund Port & Airport Fund Port Fund FAA BCA 9L/27R/Rehab. 14/32 Purchase Fire Protection Equ. FDOT Benefit Cost Analysis' Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court County Building Fund County Capital Transportation Capital Harmony Heights MSBU Sunland Gardens 2 MSBU Lennard Road 1 - Roadway Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund /, '" EXPENSES 711,290.86 1,770.16 17,960.78 fO,132.09 543.92 8,250.00 16,003.56 249.11 3,529.50 94,977.96 151.11 2,443.92 64,755.84 438,862.45 54,000.00 28,243.35 8,953.94 833.92 273,803.10 268.24 771. 37 32,918.88 218.17 477.45 532.28 B2.62 801.44 275.40 238,924.1.5 11,945.00 1,378.16 10,353.89 106.10 2,623.50 5,452.92 291. 50 2,850.61 1,303.19 '1,617.10 2,956.75 32,294.62 28,308.50 162.16 10,600.03 1,622.50 222,329.84 18,021.74 518.82 10 ~ PAGE .. PAYRpLL 26,371.65 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 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 1 ,. . ,.",,: 07/22/05 FZABW1I.RR FUND 441 448 449 451 458 461 471 478 479 481 491 505 505001 611 \.,..;. '-' ST. LUCIE COUNTY - BOARD 2 'w1I ...,.¡ PAGE :." W1I.RRANT LIST 1143- 16-JUL-2005 TO 22-JUL-200S FUND SUMMARY TITLE North Hutchinson Island Utilities NHI-Util-Renewal & Replacement Fund NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Opera tin NoCty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Airport Utilities District Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund GRAND TOTAL: /.......... r. EXPENSES PAY1}OLL " " 2,348.71 0.00 47.25 0.00 200.10 0.00 1,769.42 0.00 74.44 0.00 44,299.00 0.00 2,195.77 0.00 54.46 0.00 63,996.37 0.00 145.11 0.00 37,571.94 0.00 663,574.73 4,504.64 1,062.93 0.00 1,562.15 0.00 3,185,714.88 30,876.29 . .; -~ '-" '-' ......, -.J B. Resolution No. 05-283- Lennard Road MSBU- The Board approved Resolution No. 05-283. C. Resolution No. 05-284- Indrio North Savannas- The Board approve Resolution No, 05-284 as drafted. D. Property Donation - Mr.& Mrs. Harold Williams- Resolution No 05- 291- The Board approved accepting the Warranty Deed, authorized the Chaim1lli1 to sign Resolution No. 05-291 and directed staff to record the documents in the Public Records of St. Lucie County Florida. E, Robert Trenary Trucking Inc, Subdivision Agreement- The Board approved the Subdivision Improvement Agreement subject to receipt of the original letter of credit and authorized the Chairman to sign the Agreement. F. Deputy Sheriffs Blanket Bond- The Board authorized the Chairman to execute the Bond. G. St. Lucie County Landfill- The Board approved the Utility Easement in favor ofFPL authorized the Chaim1an to execute the Easement and directed staff to record the Easement in the Public Records of St. Lucie County, Florida. H. Bent Creek Master Tract "A-I" - Subdivision Improvement Agreement- The Board approved the proposed Subdivision Improvement Agreement with Lennar Homes, Inc. for Bent Creek Master Tract "A -1" and authorized the Chairman to sign the agreement. 3. PUBLIC WORKS A. Engineering Division- Selvitz Road at Canal 100Emergency Culvert Replacement- The Board accepted the project released retainage in the amount $27,234.35 and make Final Payment in the amollnt of $27,234.35 B. Engineering Division- Request for a Public Hearing on CapronTrails Mine to expand Truct 3- The Board approved a public hearing date of September 6, 2005 at 6:00 p.m, or as soon there after to consider the request of" Capron Trails, C. Conlractor Licensing Division Resolution No. OS-29CJ- amcnding Resolution No, 92-07; Contractòr Categories for purpose of issuance of contractor certificates of competency, by adding siding, windows and doors contractor, metal buildings contractor and hurricane protection contractor- The Board approved Resolution No. 05-296. D. Code Compliance Division- The Board approved the request of the Coele Compliance Dept. to purchase 4 new vehicles an approved Equipment Request EQ331, EQ-337 and Budget Amendment No, ßAOS-I72. E. Engineering Division- ProCessional Engineering Services- The Board ,Ipproved Work Authorization No, 18 with Hazen & Sawyer Engineers, P.c., in the amount 01"$900.00 to perform a drainage study of" .Jenkins Road between Treasure Cay apartment and the Banaek It residenee and authorized the Chairman to sign. <,. 2 '-" '-' ...,.¡ ....", F. Engineering- L01 No. 05-063- Professional Engineering Services- four-Ianing of Midway Road from S, 25thSt. To east of the Turnpike. The Board approved the short-listing ofthe three selected finns and authorized staff to request proposals from the short listed consulting firms, G. Engineering- Approve Change Order NO.3 - in the amount 01'$ 135,911.88 for modification to the Midway Road and Glades Cut off Road Intersection Improvements project- The Board approved and authorized the Chairman to sign Change Order NO.3 for a total amount of$5,3l5,5l4,76 to Community Asphalt Corp. for modification to the plans. H. Engineering- Jenkins Road Emergency Repair- Repair of water/sewer line caused by a subcontractor in County right of way- The Board approved establishing the project budget as outlined, approved and sign Change Order No, 1 in the deductive amount of ($2751,00) accepted the project and make Final Payment in the amount of $47,249.00 to Johnson-Davis inc., for the Emergency Repairs to Jenkins Road. The project has been completed. 1. Engineering- South Jenkins Road Extension Project - Reduction in Retainage from 5 to 1 percent- The Board approved a reduction in the retain age from 5 percent to 1 percent for the South Jenkins Road extension project constructed by Ranger Construction Industries, Inc, 4. PUBLIC SAFETY A. 800 MHz Radio System Antennas- The Board approved the purchase of seventeen antennas for the 800 MHz radio system in the amount of $33,689.00, also approved Equipment Request EQ05-351. B. Purchase of a Smart Board, Howard Desktop with Monitor, three Projectors and a projection screen- The Board approved the purchases in the amount of$8,727,OO and approved Budget Amendment No. BA05-169 and Equipment Request No. EQ05-34 EQ 05-349, EQ05- 350 and EQ 05-353. 5, MANAGEMENT AND BUDGET A. Budget Rcsolution No. 05-294 in the amount of$38,544.00 for the Law Enforcement Terrorism Prevention Program, Homeland Security Grant program- The Board approved Budget Resolution No. 05-294 for retroactive approvalïo establish a FY05 budget for the Law Enforcement Terrorism Preventï"on Program, Homeland Security Grant funds. B. Budget Resolution No, 05-297- The Board adopted Budget Resolution No. 05-297 establishing the budget for the $12,715,000.00 State Revenue Sharing Improvement Revenue Bonds Series 2005. C. Adopt Budget Resolution No. 05-298- The Board adopted Budget IÜ:solution No. 05-208 establishing the budget for the Sll ,930,000.00 Sales Tax refunding and Improvement Revenue Bond Series 2005. D. Request for Information Technology Budget Amendment- The Board approve Budget Amendment No. 05-171 in the amount of$217,222,OO to increase the Information Technology court related technology - " portion ofthe State Attorney's FY2004-05 budget. 0; 3 "'"' '-' ....,; '.J 6. PARKS AND RECREATION A, Adopt Budget Resolution No. 05-293 to establish the budget for the "Tennis in the Parks" Grant- The Board adopted Budget Resolution No. 05-293 carrying forward the leftover $ I ,545,00 from the grant to FY05. B. USA Tennis- Florida Grant acceptance and approval of Budget Resolution No, 05-292- The Board approved Budget Resolution No. 05-292 and accepted the grant from USA Tennis Florida in the amount of$I,OOO. C. Tennis Professional- This item was pulled 7. ADM INISTRA TION A Approval of Professional Fees- The Board approved Budget Amendment No. 05-168 for payment to James C. Nicholas for professional fees relating to the Reformatting ofImpact Fees in the amount of$10,107.50. B. Contractors Licensing Board Re-appojntment- The Board approved the reappointment ofMr. Doug Davis to the Contractor's Licensing Board for the tenl1 of July 2005 thm July 2009. C. Contractors Liccnsing Board Re-appoinlment- The Board approved Ill(; reappointmcnt of Mr. Fred Rohrbough to the Contractor's Liccnsing Board ror the tellll of July 2005 thru July 2009. D. Contractors Licensing Board Re-appointment- The Board approved the reappointment of Mr. John Langel to the Contractor's Licensing Board for the term of July 2005 thm 2009. E, Annual Fire Control Report- The Board accepted the Annual Fire Control Report from the State Division of Forestry. 8. UTILITIES Work Authorization with Mastellar & Moler, Inc.- The Board approved the Work Authorization in the amount 01'$112,435.00 for engineering services for the extension of a 16" force main from US # 1 North of Taylor Creek South to the Ft. Pierce Utilities Lift station at Indian River Drive and Backus Avenue, 9. PURCHASING A First Amcndment to Contract No. C04-07-352 with Treasure Coast Couricr Services, lnc,,- The Board approved t11e first amendment to the contract with Treasure Coast Courier Services, Inc., for Courier Services and authorized the Chainl1an to sign the amendment as prepared by the County Attorney, B. Fifth Amendment to Contract No. C02-l 0-024 with 151 Fire & Security - The Board approved the Fifth Amendment to Contract C02-1 0-024 " and authorized the Chairman to sign the amendment as prepared by the County Attorney. r. 4 '-" '-' ....", "'""" C. Second Extension to Contract No. C03-09-681 with Gerelcom, Inc., for installation of premise distribution wiring- The Board approved the second extension to the contract with Gere1com and authorized the Chail111an to sign the extension as prepared by the County Attorney. D, Second Extension to Contract No. C02-10-084 with Life Safety Systems, Inc., for Fire Sprinkler System Inspection Testing &b Maintenance at County facilities- The Board approved the second extension to contract C02-1 0-084 and authorized the Chairman to sign the extension as prepared by the County Attol11ey. E. Second Extension to the contracts with the firms listed on the attached Bid Award Form for Demolition Services- The Board approved the second extension to the contracts with DPC General Contractors, Inc., General Mechanical Corp., John O'Connell Demolitions, and L.E.B. Demolition & Consulting Contractors Inc., for demolition services and authorized the Chairman to sign the extensions as prepared by the County Attorney. F. First Extension to Contract C02-07-573 with Cintas Corp.- The Board approved the First Extension to the contract with Cintas Corp" for rental of unifonlls. floor protection mat rental and shop towel rental and authorized the Chairman to sign the extension as prepared by the County Attorney. G. Second Amendment to Contract No. C03-09-548- with Tri-Brothers Tree & Landscaping, Inc.,- The Board approved the second amendment to the contract and authorized the Chail111an to sign the amendment as prepared by the County Attorney. H. First Addendum to Contract C05-05-293- with Professional Concessions, Inc,- The Board approved the first addendum to contract C05-05-293 with Professional Concessions, Inc., and authorized the Chainmm to sign the addendum as prepared by the County Attorney. 10. CENTRAL SERVICES A. Demolition of Sloan property located at 119S, lOth S1.- The Board approved the demolition of the Sloan House and upon completion hand over the propeliy to Community Services for use by the SHIP program. ß. ^pproval [0 discontinue Contmct No, C01-09-590 with BG^, Inc, ^nllual M & V Report lor Performance Contracting Projcct- The Board approved to discontinue the Annual M & V Report for Performance Contracting Project, Contract No. C01-09-950, BGA Tnc" and authorized the Chainllan to sign the Termination Agreement, as prepared by the County Attorney. c. Pern1ission to go out for Bid- Clerk of Court Building (Old Courthouse) Phase II- The Board approved going out for bid for the Clcrk of Court (Old Courthouse) for complete demolition of the interior and abatement of hazardous materials. " .,r: 5 y '-' .." '-' D. Approval to accept and negotiate with low bidder- Dickerson Florida for construction of the Clerk of Court office building parking lot- THIS ITEM WAS PULLED, E. Amendment No, I to Contract No. C03-08-520 Edlund Dritenbas Binkley Architects- Re-Bidding New Clerk of Courts Building Phase TT- The Board approved Amendment NO.1 to Contract No. C03-08- 520 for Architectural Services in the amount 01'$24,688.00 to rebid the construction of the New Clerk of Court Building Project and authorizcd the Chairman to sign the amendment as prepared by the County Attorney. 11. COMMUNITY SERVICES A. Appointment of additional members to the Attainable Workforce Housing Task Force Board- The Board approved the appointment of the following additional members: Tony Philpart, President, Sunrise City Community Housing Development Organization, Randy Berry, Royal Wall Systems. B. Request for Board approval- The Board authorized the Chairman to sign Budget Resolution No. 05-295 and the Subgrant Agreement with Council on Aging for the implementation of a Rural Capital Assistance Support grant. C. Pennission to advertise RFP- The Board granted pemlÎssion to advertise for an RFP to solicit proposals for a workforce housing dcvelopmcnt and develop in conjunction with Hurricanc Housing Recovery Fund. REGULAR AGENDA (1-462) 5, GROWTH MANAGEMENT A. Consider the petition of Matthew Nyberg for a waiver from the requirements of Section 7.05.07 of the St. Lucie County Land Development Code for the project to be known as Christensen Farms Subdivision for property located on the west side of Christensen Road, approximately 0.30 miles south of West Midway Road- Consider staff recommendation to continue to public hearing to the August 16, 2005 Board meeting. The County Engineer advised the Board he has met with the petitioner and they have agreed tlwt he would pl'Ovide to the County a sign ¡ind scaled engineers report of the construction he has performed 011 Christiansen Road and the County would use their model to evaluate the cost of the improvements. The Board members advised those present of their contact with the petitioner (Quasi- Judicial). It was moved by Com. Coward, seconded by Com, Lewis, to approve staff recommendation; At this time Com. Lewis withdrew her second and requested discussion. Com. Lewis stated her concerns of certain bank requirements needed before the end of the month for the petitioner and felt they could proceed if the one thing needed was to- look at the dollar value of the improvements. " .": 6 '-" 'w' ...." ....,; Com. Coward stated he was disappointed in not having the figures needed however, at this stage we have a process to find and it may be in the best interest to wait until the ligures arc obtained. He is comfortable with staff recommendation to wait unti I the 16th and then move I'orward at th,lt time. Com. Hutchinson stated she was not sure why they were waiting. At a prior meeting there was a figure on his fair share contribution and does not understand why the wait. The Road and Bridge Manager stated they have not received the sign and sealed engineers report cost of the actual improvements that have been done. The prior figure alluded to, was the applicants fair share without taking into account the credit the applicant requested at the last Board meeting. - Com. Lewis questioned if staff had detennined there would be a credit. The Road and Bridge Manager stated they were still stmggling with this issue. They need the information the Engineer will be providing, what is the additional that would need to be done for those four lots other than what he wouJd have to do for the one. This is the reason for the request to continue. Com. Coward stated they may need to have more discussion when the Engineers report comes back.. The County Engineer stated the situation was more complicated since there was a culvert installed at canal 103 and they need to inspect it to see if it meets county standards. There is an inspector there today and he is waiting for the report. Com. Coward stated his motion remained to continue on August 16,2005, at 6:00 p.m. or as soon thereafter, seconded by Com. Lewis, and; upon roll call, motion carried unanimously. (1-974) B. Consider Brantley Schirard's request for a waiver of the paving requirements for an intemal roadway in a new subdivision known as Schirard Estates Subdivision Phase 1 located on the east side of Pulitzer Road and 1 mile south of Orange Avenue- Consider staff recommendation to approve the requested waiver with the following conditions: I. Should the County establish an MSBU for the future paving for Pulitzer Road and inclusive ol'he Schirard deeded extension, all lot owners within the Schirard Estates Plat shall participate at the then established fair share contribution and shall be considered "yes" votes for the establishment of the MSBU. These costs would inclùde, but not limited to design, permitting and construction and any other costs associated with this improvement. 2, Inlieu of making a cash contribution to the paving of Pulitzer Road, the developer shall enter into an agreement in a fonn acceptable to the County Attorney to allow the County to use existing ponds for surface water drainage associated with Pulitzer Road at such time as Pulitzer Road is paved. Com. Coward stated condition one does not clarify between the intemal and external roads and it should be clear. Mr, Mike Brillhart, Growth Managemcnt slatcd hc is correct, the MSBU would be established only for Pulitzer Road in conjunction with the waiver for the paving requirement for the internal roadway that would service upwards of 3 lots. II .. 7 "'" '-' ...." ...." The County Attorney stated this was different due to the fact the county does not do MSBU for paving of private roads only for public roads. The County does not assist in private roads nor maintain the private roads. This would be the responsibility of the developers or landowners themselves, Pulitzer is a public road and this is the one they arc concerned about and this is why the MSBU was noted. The prope11y owners will be paving the internal road system and would be included on the Plat. Com. Coward stated this language should be included as one of the conditions. The County Attomey concurred. Com. Coward questioned condition two and the additional contribution from the land- owner for surface water ¡fPulitzer Road were to be improved and they needed capacity for drainage. Capacity is not achlally stated in this condition, The County Engineer stated it be more beneficial if they could determine the capacity, however, they would need a detailed study of the ground and they do not have that infol111ation at this time. Mr. Paul Schol1, Ft. Pierce resident, does not have objection to project, but would like to know how the MSBU would be implemented and if stating a "yes" vote is suffìcient to bind the lot owner to this agreement. The County Attorney advised Mr. Scholl of the process for an MSBU and stated the people who buy the property would in esscnee agree to the petition to pave Pulizter Road and it would be included in the Plat so that anyone buying the land would know up front that is a potential possibility and this would include the paving ofthe internal roads also noted on the Plat for the homeowner to be aware of these conditions up front. This does not end the process it only gets it started. The process continues i,e. public hearings and then the Board would need to vote "yes" on the MSBU creation, Mr. Brant Schirard, petitioner, addressed the Board regarding these issues and stated they are working diligently and working with the neighbors to the north regarding Pulitzer Road. He would place deed restrictions on the property to address any of these issues, It was moved by Com, Coward, seconded by Com, Lewis, to approve staff recommendation to include the conditions adding the deed restrictions requiring the internal roads if the MSBU was done for Pulitzer Road, and; upon roll call, motion carried unanimously. (), GROWTII MANAGEMENT (1-1 (i77) Request of Matthew Nyberg for final plat approval for the project known as Christensen Farms Subdivision. The project is located on propèrty on the west side of Christensen Road- Consider staff recommendation to continue this hearing on August 16, 2005 at 6:00 p,m, or as soon thereafter. It was moved by Com. Coward, seconded by Com, Lewis, to approve staff recommendation, and; upon roll call, motion eatTied unanimously, 7. GROWTH MANAGEMENT (1-1686) Request 0 Palm Breezes Club, LLC lar final plat approval for the Palm Breezes Club- I'lal111<:d Ul1il Ikvdo 1I1I<:l1t- l'ol1sid<:r slalTn.:commendatiol1 to appl'Ove (lte dral'l Subdivision Improvemcnt Agreement in regard to the Palm Breeze Club- Planned Unit Devdopment and authorize (hat the {inn! plats for this subdivision be recorded upon the execution ofthis agreement, but no later than 50 days fi·om this Board's action. If fimll execution of this agreement is not completed by September 15, 2005, reauthorization of" this action shall be required. _,1': 8 v ...." '-' ......, It was moved by Com. Lewis, seconded by Com, Coward, to approve staff rccomlllcndation, and; upon roll call, motion carried unanimously. 8. COUNTY ATTORNEY (1-]739) North lndrio Savannas- Resolution No. 05-181- Consider staff recommendation to adopt Res01ution No. 05-181 and authorize the Chairman to sign the Reso]ution, Staff advised the Board of the cOlTections to the account numbers. It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 05- ] 81, and; upon roll call, motion calTied unanimously. 9. PUBLIC WORKS (1-2666) Resolution No. 05-275- Authorize the acceptance of he South Florida Water Management District Local Governmcnt Agrccment No. OT050699 by thc St. Lucic County Board of County Commissioners for Paradise Park Storm Water Improvcment Project -Phase I and Phase II _ Consider staff recommendation to sign Resolution No. 05-275 to accept and expend the funds fi'OI11 the South Water Management District, Local Governmental Agreement No. OT 050699 in the amount of $224,596.00 for Paradise Park Storm Water Improvement Project. It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No, 05- 275, and; upon roll call, motion calTied unanimously. 10. PUBLIC WORKS (1-2697) Resolution No, 05-274 - Authorize the acceptance ofthe South Florida Water Management District Local Governmental Agreement No, OT050698 by the St. Lucie County BCC for Harmony Heights Storm Water Improvement Project-Phase 1 - Consider staff recommendation to sign the South Florida Water Management District, Local Governmental Agreement No. OT050698 to accept the funding 01'$336,780.00 for Harmony Heights StOlID Water Improvement Project Phase 1. It was Illoved by Com. Lewis, seconded by Com. Coward, to approve Resolution No. 05- 274, and; upon roll call, motion calTied unanimously, II. ADMINISTRATION- This item to be re-scheduled. Commissioners Board updates. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court . ..f: 9