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Agenda Packet 05-03-05
'-' MAY I, 200J e.oo PM BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. 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 worl:lshops. 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) 462-1m or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co.d-lucle.ll.u. w Frannie Hutchln.on, Chairman DouS Coward, Vice Chairman 'o.eph E. Smith Paula A. Lewl. Chris Craft District No.4 District No. :I DI.trlct No. I District No. I District No. J Map J, :lOOJ e.oo P.M. Invocation Pledse 01 Alleslance ~;Ö I. ~J MINUTES ~X~ ~ Approve the minutes of the meeting held on April 26, 2005 :a. PROCLAMATIONS/PRESENTATIONS Reading of the announcements by the County Administrator J. GENERAL PUBLIC COMMENT CONSENT AGENDA ~ ~ ~{IJ}~i .~w BLlC HEARINGS sA. GROWTH MANAGEMENT ~ \. -1-0. dít Hu WW~f'jlì I ( I / 0 LDntl nuec~ I~ lttît, c\/evelq.Qr(JC\ree¡n(J/ì¡-v~<Ç beef¡ () ~J - . ,-1 Consider Draft Resolution 05-027 granting Preliminary Planned Unit Development a~þ'roval for the project to{)ft{jJc4. \'Û"VU\ be Rnown as RocRing Horse Ranch - PUD, for property located at the southwest comer of the intersection of. . ~ ~ Johnston Road and the Indian River County line. Staff recommends approval of Draft Resolution 05-027 +0 be. granting Preliminary Planned Unit Development (PUD) approval for the project to be Rnown as RocRing r~I'''d Horse Ranch - PUD. I""", JB. \\ COUNTY AnC!RNEY ~kytr tö rel/ìewúsCtpòlr'e- ~~tt f" {¡¿ I. "J' / (\~dJ MDhun (lwet(¡¿lh:í DLl HI[Ao 1't1''ñ1U'(r~ Vef11 ~. t-t) ,/\ Lid C Q. 0f\\~ !\ Joint Planning Agreement -'City of Fort Pierc~ - Co¡r.¡~r st~me/J¡ation to approve the Joint Planning \\~ Agreement and authorize the Chairman to sign the Agreement. END OF PUBLIC HEARINGS 4. .JB .. mini'. n7"[ß íIiI lin iiif ~ COUNTY AnORNEY , I~ÎO+ÙN\ US úf1ìef\dR A +0 ref[ cv~~tÁ(1w¡~,¡~, ~~ &.-~ IZeSokA,' L4 +0 (&!t¡4 '. pJResolution No. 05-188 - Modffi.cation Agr. ..ment - Spedallmprovem~nn +rote. Series 2001 (MSBU Loan· , - BanR of America Facility) - ~on.sider ,staff r..e~ommendation. that the Board approve Resolution No. 05-188 as ~ ~ ~ Æ\ drafted. Úc..+ I 0\"1 tH e t\.I..c{.¿ to $I" ,Ill UY1 . ~ ""-' REGULAR AGENDA MAY I, :lOOJ PAGE:I 7. . ADMINISTRATION fJ DIU¥? Monthly Committee Reports - Board to provide updates on the Committees and AdvisolY Boards on which f-C4,~cYìthey serve. ~L , '-' ...., "'''-r-"' ^ ,~%4M,._ inrn¡ l1IiIIIIIfQ1¡n 'nVr!--~' ~ CONSENT AGENDA I. WARRANTS - ..%iffiRiW1inmlW" ,,- n'" '1ru<11 Approve warrant list No. 31 :a. COUNTY AnORNEY A.. Resolution No. 05-183 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-184 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 05-183 and Resolution No. 05-184 and authorize the Chairman to sign the Resolutions. B. Revocable License Agreement - Fort Pierce Utilities Authority - Boston Avenue and 2nd Street - Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman' to sign the Revocable License Agreement and direct Fort Pierce Utilities Authority to record the document in the Public Records of St. Lucie County, Florida. C. Revocable License Agreement - Department of Transportation, TumpiRe Enterprise - Landfill Road - Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct staff to record the document in the Public Records of St. Lucie County, Florida. D. Revocable License Agreement - Department of Transportation, TumpiRe Enterprise -Glades Cut-off Rd' (County Road 709) - Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct staff to record the document in the Public Records of St. Lucie County, Florida. J. GRANTS A. B. t,G Staff requests authorization for the submittal of a Florida Forever grant application to the Florida Communities Trust (FCT) for funds to assist in the acquisition of Paleo HacRberry, a 231-acre project. that is immediately adjacent to the Paleo HammocR Natural Area. Consider staff recommendation that the Board authorize the submittal of the grant application to Florida Communities Trust for the Paleo HacRberry project. Staff requests authorization for St. Lucie County to partner with the Trust for Public Lands (TPL) in TPL's attempt to acquire 55 acres as part of the Paleo HacRberry project. If TPL is successful in acquiring the land, it will then sell it to St. Lucie County at an agreed upon future date. Consider recommendation to authorize the partnering of the County with the Trust for Public Lands in the acquisition of these Paleo HacRberry properties and the expenditure of funds for TPL's fees. Authorize the submittal of a grant application to the Florida Communities Trust (FCT) Florida Forever Program for funds in the amount of $3,201,250 to assist in the acquisition of Heathcote Botanical ParR. Consider staff recommendation to authorize the submittal of the FCT grant applicant for Heathcote Botanical ParR Phase 2. CONSENT AGENDA MAY J, :lOOJ PAGE:I '-' '-" 4. PUBLIC WORKS A. Staff requests Board authorization to accept the project, release the retainage in the amount of $23,265.05, and maRe Final Payment in the amount of $23,265.05 to Ranger Construction Industries, Inc. for the removal of hurricane-generated debris from Indian River Drive. Consider staff' recommendation to accept the project, release the retainage in the amount of $23,265.05 and maRe Final Payment to the Contract, Ranger Construction Industries, Inc., in the amount of $23,265.05 for the removal of hurricane generated debris from Indian River Drive. B. Staff requests approval from the Board for Change Order No. 2 for LaRe Michigan Contractors, Inc. in the amount of $1779.40 for the Taylor CreeR Dredging Project. Consider staff recommendation for Board approval of Change Order No.2 for LaRe Michigan Contractor's Inc. in the amount of $1779.40, and authorize the Chairman to sign. s. CENTRAL SERVICES RocR Road Jail Expansion Project - Staff requests Board approval of Change Order No.2 to Contract No. C04- 04-323 Centex Rooney/SchenRel Shultz Design/Builders, LLC., and approval of the Environmental Design South-Wetland Monitoring Plan. Consider staff recommendation that the Board approve Change Order No.2 to Contract No. C04-04-323/Centex Rooney/SchenRel Shultz, to increase the contract sum $86,640.00 to provide for the wetland mitigation program for the jail expansion project, and authorize the Chair to sign this contract Change Order as prepared by the County Attomey. In addition, staff is recommending the Board. approve using Environmental Design South to provide the five (5) year monitoring of the wetland area at a cost of $44,400.00, and authorize the Chair to sign the contract, as prepared by the County Attomey. There is $240,000 budgeted in the project for this worR. 6. CULTURAL AFFAIRS Staff requests Board approval to offer free admission to the St. Lucie County Historical Museum on Wednesday, May 18th, in celebration of Intemational Museum Day. Consider staff recommendation to grant approval to offer free admission to the St. Lucie County Historical Museum on Wednesday, May 18th in' celebration of International Museum Day. 7. AIRPORT Release Retainage and Final Payment - DicRerson Florida, Inc. - Consider Staff recommendation to approve the release of retainage in the amount of $84,380.16 and the invoice amount of $3,536.28 for a final invoice amount of $87,916.44 to DicRerson Florida, Inc. for the runway 14/32 rehabilitation project (bid #03-078) at St. Lucie County Intemational Airport. a. GROWTH MANAGEMENT A. Request of Emilio and Lili Gonzales, for final plat approval for the project to be Rnown as UIi Estates Subdivision. This project is located at the northwest comer of the intersection of Silver OaR Drive and Dyer Road. The project consists of 5 residential lots. Consider staff recommendation to approve the final plat of Lili Estates SID and authorize its final execution. B. Request of Joseph G. Miller, for final plat approval for the project Rnown as Carlton Country Estates . Subdivision. This project is located on the east side of Ideal Holding Road, approximately 0.75 mile south of OReechobee Road. The project consists of 24 residential lots. Consider staff recommendation to approve the final plat of Carlton Country Estates SID and authorize its final execution. CONSENT AGENDA MAY I, :1001 PAGEl '-" ....", 9. INVESTMENT FOR THE FUTURE Purchase and installation of flooring for Finance and Management & Budget/Roger Poitras Building. Consider staff recommendation to approve the use of available Investment for the Future funds (Central Services. Project Reserves) in the amount of $10,000.00 toward the purchase and installation of floor covering for Finance and Management & Budget, for a total cost of $43,918.10 through Collins & AiRman Floor Covering, State Contract #360-240-00-1. 10. ADMINISTRATION Consultant Agreement with Innovial, Inc. - Staff recommends the Board of County Commissioners approve the . Consultant Agreement with Innovial, Inc., for a feasibility study to determine whether a business incubator will worR in St. Lucie County, and authorize the Chairman to sign the Agreement. '-' ...."", ANNOUNCEMENTS Map I, :1001 -,û 1. Meeting Changes: . May 31, 2005 is a 5th Tuesday. There is no Board of County Commissioners meeting scheduled. . The June 21, 2005 Board of County Commissioners meeting is canceled. 2 The Board of County Commissioners will hold a Rural Land Stewardship WorRshop with the Treasure Coast Regional Planning Council and Local Planning Agency on Monday, May 9, 2005 from 2:00 p.m. to 5:00 p.m. in the St. Lucie County Commission Chambers. 3. St. Lucie County, the City of Fort Pierce and the Zora Neale Hurston Festival Committee present Zora Fest! A . Homecoming Festival, May 13, 2005 through May 15, 2005 at Lincoln ParR Academy in Fort Pierce. Zora Fest! A Homecoming is the first annual festival recognizing the literary achievements and the life of the late author Zora Neale Hurston, who died in Fort Pierce in 1960. The festival will consist of guest speaRers, literary discussions, booR signings, children's programs, music, tours, and the dedication of a garden to Hurston. 4. The Board of County Commissioners will hold a WorRshop with Florida Power & Light to discuss the proposed New Power Plant on Monday, May 23, 2005 from 2:00 p.m. to 5:00 p.m. in the County Commission Chambers. 5. The Board of County Commissioners will hold a WorRshop with Indian River County on Wednesday, May 25, 2005 from 9:00 a.m. to 11:00 a.m. in the St. Lucie County Commission Chambers. 6. The Board of County Commissioners will hold a Ribbon Cutting for the Administration Building on Thursday, May 26, 2005 at 10:00 a.m. 7. The Board of County Commissioners will hold a WorRshop on WorRforce Housing on Monday, June 6, 2005 from 9:00 a.m. to 11:00 a.m. in the St. Lucie County Commission Chambers. 8. The Special Olympics, St. Lucie County Golf Tournament will be hosted on Saturday, June 11, 2005 at Club Med at 8:00 a.m. (Shot Gun). For more information please contact Diana Mitchell 462-1683. 9. The Wings "N Wheels Air, Military, and Vehicle Show Weel?end will be on May 21st & 22nd, 9:00 a.m. to 5:00 p.m. at the St. Lucie County International Airport located on St. Lucie Blvd. in Ft. Pierce. For further information, please call 462-1732. 10. 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. 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. , i -- "-" MAY I, :lOOJ ..00 PM BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. 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) 462-1m or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. <'- . BOARD OF COUNTY COMMISSIONERS www.co..t-lucle.lI.us 'w' ....,.¡ Frannie Hutchinson, Chairman Doug Coward, Vice Chairman 'oseph E. Smith Paula A. Lewis Chris Craft District NO.4 District No. :I District No. I District No. I District No. J Map I, :lOOJ 6.00 P.M. Invocation Pledge of Allegiance I. MINUTES Approve the minutes of the meeting held on April 26, 2005 :a. PROCLAMATIONS/PRESENTATIONS Reading of the announcements by the County Administrator J. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA . .~[irê m <1 n"l~v,nr~¡;:¡;;q<):qVij¡¡r - TI nllrí'iœrB1 PUBLIC HEARINGS JA. GROWTH MANAGEMENT Consider Draft Resolution 05-027 granting Preliminary Planned Unit Development approval for the project to be Rnown as RocRing Horse Ranch - PUD, for property located at the southwest comer of the intersection of Johnston Road and the Indian River County line. Staff recommends approval of Draft Resolution 05-027 granting Preliminary Planned Unit Development (PUD) approval for the project be R~n as RocRing Horse Ranch - PUD. r- ) 5" COUNTY ARORNEY ¡f b Joint Planning Agreement - City of Fort Pierce - Consider staff recommendation to approve the Joint Planning' Agreement and authorize the Chairman to sign the Agreement. END OF PUBLIC HEARINGS ~ìÍ1jf: 1¡lnr'1fmm ~nŒ 1 i.·~ ~- 6. COUNTY AnORNEY Resolution No. 05-188 - Modification Agreement - Special Improvement Term Note, Series 2001 (MSBU Loan' - BanR of America Facility) - Consider staff recommendation that the Board approve Resolution No. 05-188 as drafted. ¿ /.à c..---fJ &~ ;ð L~ ,J}¡1P/£'V/f (.; (/ ~ '- -- /c..<:::I-> - -- -) ~ jf ~/ ?" ~:;- ,.."d~ REGULAR AGENDA MAY I, :lOOJ PAGE:I '-" '-.I 7. ADMINISTRATION Monthly Committee Reports - Board to provide updates on the Committees and Advisory Boards on which they serve. '- 'wi ,~ '~~'-'="~. IT! nmiUUI1 'TR!' CONSENT AGENDA - "S"m' ~'ji¡;¡in I - 1- I. WARRANTS Approve warrant list No. 31 :a. COUNTY AnORNEY A. Resolution No. 05-183 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-184 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 05-183 and Resolution No. 05-184 and authorize the Chairman to sign the Resolutions. B. Revocable License Agreement - Fort Pierce Utilities Authority - Boston Avenue and 2nd Street - Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman' to sign the Revocable License Agreement and direct Fort Pierce Utilities Authority to record the document in the Public Records of St. Lucie County, Florida. C. Revocable License Agreement - Department of Transportation, TumpiRe Enterprise - Landfill Road - Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct staff to record the document in the Public Records of St. Lucie County, Florida. D. Revocable License Agreement - Department of Transportation, TumpiRe Enterprise -Glades Cut-off Rd' (County Road 709) - Consider staff recommendation to approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct staff to record the document in the Public Records of St. Lucie County, Florida. I. GRANTS A. Staff requests authorization for the submittal of a Florida Forever grant application to the Florida Communities Trust (FCT) for funds to assist in the acquisition of Paleo HacRberry, a 231-acre project. that is immediately adjacent to the Paleo HammocR Natural Area. Consider staff recommendation that the Board authorize the submittal of the grant application to Florida Communities Trust for the Paleo HacRberry project. B. Staff requests authorization for St. Lucie County to partner with the Trust for Public Lands (TPL) in TPL's attempt to acquire 55 acres as part of the Paleo HacRberry project. If TPL is successful in acquiring the land, it will then sell it to St. Lucie County at an agreed upon future date. Consider recommendation to authorize the partnerin9 of the County with the Trust for Public Lands in the acquisition of these Paleo HacRberry properties and the expenditure of funds for TPL's fees. B. Authorize the submittal of a grant application to the Florida Communities Trust (FCT) Florida Forever Program for funds in the amount of $3,201,250 to assist in the acquisition of Heathcote Botanical ParR. Consider staff recommendation to authorize the submittal of the FCT grant applicant for Heathcote Botanical ParR Phase 2. CONSENT AGENDA MAY J, :lOOJ PAGE :I ~ 'wi 4. PUBLIC WORKS A. Staff requests Board authorization to accept the project, release the retainage in the amount of $23,265.05, and maRe Final Payment in the amount of $23,265.05 to Ranger Construction Industries, Inc. for the removal of hurricane-generated debris from Indian River Drive. Consider staff' recommendation to accept the project, release the retainage in the amount of $23,265.05 and maRe Final Payment to the Contract, Ranger Construction Industries, Inc., in the amount of $23,265.05 for the removal of hurricane generated debris from Indian River Drive. B. Staff requests approval from the Board for Change Order No. 2 for LaRe Michigan Contractors, Inc. in the amount of $1779.40 for the Taylor CreeR Dredging Project. Consider staff recommendation for Board approval of Change Order No. 2 for LaRe Michigan Contractor's Inc. in the amount of $1779.40, and authorize the Chairman to sign. J. CENTRAL SERVICES RocR Road Jail Expansion Project - Staff requests Board approval of Change Order No.2 to Contract No. C04- 04-323 Centex Rooney/SchenRel Shultz Design/Builders, LLC., and approval of the Environmental Design South-Wetland Monitoring Plan. Consider staff recommendation that the Board approve Change Order No.2 to Contract No. C04-04-323/Centex Rooney/SchenRel Shultz, to increase the contract sum $86,640.00 to provide for the wetland mitigation program for the jail expansion project, and authorize the Chair to sign this contract Change Order as prepared by the County Attomey. In addition, staff is recommending the Board, approve using Environmental Design South to provide the five (5) year monitoring of the wetland area at a cost of $44,400.00, and authorize the Chair to sign the contract, as prepared by the County Attomey. There is $240,000 budgeted in the project for this worR. 6. CULTURAL AFFAIRS Staff requests Board approval to offer free admission to the St. Lucie County Historical Museum on Wednesday, May 18th, in celebration of International Museum Day. Consider staff recommendation to grant approval to offer free admission to the St. Lucie County Historical Museum on Wednesday, May 18th in' celebration of Intemational Museum Day. 7. AIRPORT Release Retainage and Final Payment - DicRerson Florida, Inc. - Consider Staff recommendation to approve the release of retainage in the amount of $84,380.16 and the invoice amount of $3,536.28 for a final invoice amount of $87,916.44 to DicRerson Florida, Inc. for the runway 14/32 rehabilitation project (bid #03-078) at St. Lucie County International Airport. a. GROWTH MANAGEMENT A. Request of Emilio and LiIi Gonzales, for final plat approval for the project to be Rnown as Lili Estates Subdivision. This project is located at the northwest comer of the intersection of Silver OaR Drive and Dyer Road. The project consists of 5 residential lots. Consider staff recommendation to approve the final plat of Lili Estates SID and authorize its final execution. B. Request of Joseph G. Miller, for final plat approval for the project Rnown as Carlton Country Estates ' Subdivision. This project is located on the east side of Ideal Holding Road, approximately 0.75 mile south of OReechobee Road. The project consists of 24 residential lots. Consider staff recommendation to approve the final plat of Carlton Country Estates SID and authorize its final execution. CONSENT AGENDA MAY I, :1005 PAGEl '-' ....", , . 9. INVESTMENT FOR THE FUTURE Purchase and installation of flooring for Finance and Management & Budget/Roger Poitras Building. Consider staff recommendation to approve the use of available Investment for the Future funds (Central Services, Project Reserves) in the amount of $10,000.00 toward the purchase and installation of floor covering for Finance and Management & Budget, for a total cost of $43,918.10 through Collins & AiRman Floor Covering, State Contract #360-240-00-1. 10. ADMINISTRATION Consultant Agreement with Innovial, Inc. - Staff recommends the Board of County Commissioners approve the Consultant Agreement with Innovial, Inc., for a feasibility study to determine whether a business incubator will worR in St. Lucie County, and authorize the Chairman to sign the Agreement. f "-' ....,. . "1100 ANNOUNCEMENTS Map I, :1001 1"1 1. Meeting Changes: . May 31, 2005 is a 5th Tuesday. There is no Board of County Commissioners meeting scheduled. . The June 21, 2005 Board of County Commissioners meeting is canceled. 2 The Board of County Commissioners will hold a Rural Land Stewardship WorRshop with the Treasure Coast Regional Planning Council and Local Planning Agency on Monday, May 9, 2005 from 2:00 p.m. to 5:00 p.m. in the St. Lucie County Commission Chambers. 3. St. Lucie County, the City of Fort Pierce and the Zora Neale Hurston Festival Committee present Zora Fest! A ' Homecoming Festival, May 13, 2005 through May 15, 2005 at Lincoln ParR Academy in Fort Pierce. Zora Fest! A Homecoming is the first annual festival recognizing the literary achievements and the life of the late author Zora Neale Hurston, who died in Fort Pierce in 1960. The festival will consist of guest speaRers, literary discussions, booR signings, children's programs, music, tours, and the dedication of a garden to Hurston. 4. The Board of County Commissioners will hold a WorRshop with Florida Power & Light to discuss the proposed New Power Plant on Monday, May 23, 2005 from 2:00 p.m. to 5:00 p.m. in the County Commission Chambers. 5. The Board of County Commissioners will hold a WorRshop with Indian River County on Wednesday, May 25, 2005 from 9:00 a.m. to 11:00 a.m. in the St. Lucie County Commission Chambers. 6. The Board of County Commissioners will hold a Ribbon Cutting for the Administration Building on Thursday, May 26, 2005 at 10:00 a.m. 7. The Board of County Commissioners will hold a WorRshop on WorRforce Housing on Monday, June 6, 2005 from 9:00 a.m. to 11:00 a.m. in the St. Lucie County Commission Chambers. 8. The Special Olympics, St. Lucie County Golf Tournament will be hosted on Saturday, June 11, 2005 at Club Med at 8:00 a.m. (Shot Gun). For more information please contact Diana Mitchell 462-1683. 9. The Wings IN Wheels Air, Military, and Vehicle Show WeeRend will be on May 21st & 22nd, 9:00 a.m. to 5:00 p.m. at the St. Lucie County International Airport located on St. Lucie Blvd. in Ft. Pierce. For further information, please call 462-1732. 10. 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. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1m or TDD (712) 462-1428 at least forty-eight (48) hours prior to the meeting. '-' '-' BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 26, 2005 Tape: 1 Convened: 9:00 a.m. Adjourned: 10:35 a.m. Commissioners Present: Chairperson, Frannie Hutchinson, Paula A. Lewis, Doug Coward, Chris Craft, Joseph Smith Others Present: Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West Public Works Director, Beth Ryder, Community Services Director, Jack Southard, Public Safety Director, Marie Gouin, M & B Director, Ed Parker, Purchasing Director, Paul Phil1ips, Airport Director, Paul Hiott, Veterans Services Director, Dennis Grim, Building Official, Millie Delgado- Feliciano, Deputy Clerk 1. MINUTES (1-024) It was moved by Com. Craft, seconded by Com. Lewis, to approve the minutes of the meeting held April 18, 2005, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 05-160- Proclaiming the month of May 2005, as "Civility Month" in St. Lucie County, Florida. It was moved by Com. Coward, seconded by Com. Craft, to approve Resolution No. 05- I ()O, and; upon roll call, motion carried unanimously. B. Resolution No. 05-161- Proclaiming May 8, 2005 through May 14, 2005 as "Building Safety Week" in St. Lucie County, Florida. It was moved by Com. Lewis, seconded by Com. Craft, to approve Resolution No. 05- 161, and; upon roll call, motion carried unanimously. 3. GENERAL PUBLIC COMMENTS (1-1632) Mr. Frank Stewart, area resident, addressed the Board regarding the Waterstone Project. He advised the Board there is continued running of pumps 24 hours a day, the Berm has not been completed and asked when the trees would be replaced. Ms. Nadine Stewart addressed the Board regarding the continued problem with Waterstone contractors causing the electricity to go off at her home. Com. Hutchinson requested staff contact the developer to obtain the necessary information regarding the above stated concerns. Mr. Craig Mundt, Ilutchinson Island residcnt, addrcsscd thc Board rcgarding a ncw project going bcfore the Board of Adjustment in the future. Hc stated he cstimates there are 300 residents expressing their opposition to the project. Mr. Charles Grande, Hutchinson Island resident, addressed the Board regarding the Dolman Tract Beach access and stated the project was going well. He distributed DEP Beach/Dune Walkover guidelines for the Board to review. Mr. Richard Langdon, 9007 S. Indian River Drive, addressed the Board and submitted the attached letter. 1 '-' ....., The County Engineer addressed Mr. Langdon's remarks. He stated there is a portion of the Drive scheduled to open on April 30, 2005, however, there are sections that cannot be opened at this time. Ms. Susie Caron, area resident, addressed the Board regarding the Waterstone Commercial Project and requested clarification from Com. Lewis and Com. Hutchinson regarding their vote at a prior meeting on the subject. Com. Hutchinson stated the applicant had asked for a continuance. The motion made was to deny the entire site plan and due to the fact the applicant had been working with staff to answer and handle the concerns and they requested a continuance, she felt voting for a continuance was appropriate. Com. Lewis stated she voted against the denial due to the fact a continuance was requested. She advised Ms. Caron that at any time she would not vote for anything against the law and stated she wanted to give the applicant the benefit of the doubt to attempt to handle the concerns on concurrency. Mr. Albert Moore, attorney for applicant presented on item C-I 0 asked this item be pulled for separate discussion. It was moved by Com. Lewis, seconded by Com. Coward, to approve the Consent Agenda with item C 10 pulled for separate discussion, and; upon roll call, motion carried unanimously. 10. PUBLIC WORKS Environmental Resources Division- Request of Frank Silva through agent Culpepper and Terpening for an exemption from the requirements of Section 11.02.09 (A)(5) St. Lucie County Land Development Code, to prepare an Environmental Estates- Minor Site Plan/Preliminary Plat- Consider staff recommendation that this request from the requirements of Section 11.02.09(A)(5) be denied and that an environmental impact report be required for this project. Mr. Albert Moore, attorney for the petitioner, addressed the Board on this issue and stated the petitioner is considering selling the property where the house presently stands and building on the other property. He asked the Board to consider the size of the property . The Environmental Manager stated her recommendation was based on the fact the site contains scrub habitat and well as some wild life. Com. Coward expressed his concern with waving such a requirement and the fact it may set precedence on these types of issues. It was moved by Com. Lewis, seconded by Com. Coward, to approve staff recommendation to deny the request, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 30. 2. COUNTY ATTORNEY The Board approved Resolution No. 05-176 Extending the State of Emergency for Hurricane Frances; and Resolution No. 05-177 Extending the State of Emergency for Hurricane Jeanne. ], PARKS AND RECREATION A. Request for approval to serve and sell alcohol at the Lawnwood Complex- The Board approved Frontline for Kids' request for 2 04/25/05 FZADWARR FUND 001 001160 001165 001168 001293 001294 001814 101 101002 101003 101105 101106 102 102001 105 107 107001 107002 107003 113 114 116 117 119 127 128 129 136 138 140 140001 140127 140306 140317 140324 160 183 183001 183004 185003 185005 262 310003 315 316 316001 \.; ST. LUCIE COUNTY - BOARD ...., PAGE WARRANT LIST #30- 16-APR-2005 TO 22-APR-2005 FUND SUMMARY TITLE General Fund Section 112/MPO/P1anning FY 04/05 CSBG Grant FY05 Urban Mobile Irrigation Lab 04/05 TDC Planning Grant FY 05 FDCA/EMPA 2005 Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option FDOT-Hurricane Jeanne-Damage Cty Rd USDA (NRCS) Emergency Watershed Prt Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Blakely Subdivision Fund Queens Cove Lighting Dist#l3 Fund Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Port & Airport Fund Port Fund FAA BCA 9L/27R/Rehab. 14/32 DOT-New N. Entrance Port Ft. Pierce Construct Taxiway "A" Extension FDOT/Design Runway Rehab-AL642 Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court FHFA SHIP FY02/03 FHFA SHIP FY04/05 Tourism Dev 4th Cent I&S Fund Impact Fees-Public Buildings County Building Fund County Capital Transportation Capital ./ EXPENSES 1,016,768.49 76,986.31. 3,091..18 641.. 89 373.67 547.65 100.37 209,473.32 1,777,140.33 3,537,583.28 555,818.00 34.00 65,653.48 60,236.82 607.39 97,671.81 338.42 33,591.81 2,543.62 218.73 478.66 533.63 132.96 803.47 72.21 276.10 348.95 462.58 431,490.50 1,381.66 113.63 10,634.52 698.82 5,680.46 1,562.99 17,408.50 631.16 2,496.52 4,184.56 191. 61 1,842.91 15,000.00 1,581.53 896,684.48 6,554.9Q 60,004.3(.0 8,659.j6 79,937.69 PAYROLL 581,082.07 5,799.21 757.66 1,312.01 814.23 0.00 1,312.01 138,431.22 0.00 0.00 0.00 0.00 49,978.28 5,547.92 847.20 92,745.33 914.80 22,192.88 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 10,529.17 0.00 0.00 0.00 0.00 0.00 2,852.80 1,171.85 0.00 3,049.23 0.00 2,200.91 0.00 0.00 0.00 0.00 0.00 1 t 04/25/05 FZABWARR FUND 396 401 418 421 441 448 449 451 458 461 471 478 479 481 491 505 505001 611 625 665 '-' ST. LUCIE COUNTY - BOARD "WI WARRANT LIST #30- 16-APR-200S TO 22-APR-200S FUND SUMMARY TITLE Lennard Road 1 - Roadway Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Airport Utilities District Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library SLC Art in Public Places Trust Fund GRAND TOTAL: ./ EXPENSES 2,570.40 172,373.21 38,138.68 21,313.57 3,724.85 87.81 166.58 54,134.95 128.96 60,612.26 32,139.29 74.32 75,033.66 2,774.97 38,982.26 2,087.42 2,691.01 820.17 19,399.90 600.00 9,517,123.50 PAGE PAYROLL 0.00 56,911.49 24,090.26 416.19 3,734.04 127.50 651. 81 1,697.30 311. 59 14,548.57 4,126.86 158.86 632.05 428.81 70,404.05 3,179.56 2,038.71 3,801.54 0.00 0.00 1,108,797.97 2 ;- '-' ...,¡ permission to serve and sell alcohol during a concert on May 30th at the Lawnwood Complex to benefit disadvantaged and troubled children. B. Purchase of Aluminum Shed to store the golf ball dispenser- The Board approved the purchase of a l2'x6' storage shed to house the new golf ball dispenser/washer at a cost of$I,990.00. C. Request for approval to serve alcohol at Pepper Park- The Board approved Johnson Chrysler's request to serve alcohol during its annual picnic on May 15, 2005 at Pepper Park. D. Approval of First Amendment to Lease Agreement -Lincoln Park Recreation Center, Inc. - The Board approved the First Amendment to the Lease Agreement. E. Adams Ranch Equestrian Arena use fee adjustment for St. Lucie County 4-H organization at he SLC Fairgrounds- The Board approved reducing the Adam's Ranch Equestrian Arena user fees for the SLC 4- H organization with the guidelines/criteria that attendance should be 500 or less and/or documentation that a substantial amount of monies collected would directly benefit the St. Lucie County 4-H groups. 4. PUBLIC SAFETY A. Certificate of Public Convenience and Necessity- The Board approved the recommendations made by the Emergency Medical Services Advisory Committee to approve the renewal of the ARC ofSt. Lucie County's application for a Class F CON. B. Certificate of Public Convenience and Necessity- The Board approved the recommendations made by the Emergency Medical Services Advisory Committee to approve the renewal ofthe Port St. Lucie Volunteer Ambulance application for a Class N CON. C. Certificate of Public Convenience and Necessity- The Board approved the recommendation made by the Emergency Medical Services Advisory Committee to approve the renewal of the Community Transit application for a Class F CON. D. Request to approve the purchase ofa 12'xI2' shed- The Board approved the purchase of a 12'xI2' shed for the Emergency Operations Center in the amount of$2,220.00. E. Request to approve the purchase of software upgrade- The Board approved the purchase of the software upgrade for the Public Safety 800 MHz radio system in the amount of$66,191.00. 5. MANAGEMENT AND BUDGET A, Orfice orthe Medical Examiner- The Board approved the purchase of scvcn two way radios in the amount or $ 4,578 and authorized the Director or Management and Budget to sign the request form. B. Purchase of Software from Evisions to enable the County to e-mail direct deposits to employees an approval of Budget Amendment No. 05-155 to transfer $2,000 to cover the cost of the software- The Board approved the purchase of the software and the Budget Amendment to transfer $2,000 to cover the cost of the software. 3 '-' ,..." C. The Board approved Budget Resolution No. 05-174 in the amount of $26,396 for the Local Law Enforcement Block Grant to establish Budget for FY05 to expend deferred revenue from FY04 Grant Funds. 6. COMMISSION Public Art & Design Committee- The Board ratified Com. Hutchinson's reappointment of Robbin Lynch to the Public Art and Design Committee. 7. AIRPORT A. Dickerson Florida, Inc., Taxiway A. Extension Final Pay Request- The Board approved $230,840.00 final pay request and authorized the release of retainage for the Taxiway A Extension project to Dickerson Florida, Inc., at St. Lucie County International Airport for a total project amount of $230,840.00. B. Budget Resolution No. 05-173 FDOT Joint Participation Agreement for Hurricane Repairs at St. Lucie County International Airport- The Board accepted the Budget Resolution for the FDOT Joint Participation Agreement for Hurricane Damage repairs at the St. Lucie County Airport. This FDOT grant provides for $35,000 of the $43,750 required for the project. 8. COMMUNITY SERVICES A. Approval of the application for the FY05/06 Trip/Equipment Grant with the Commission for the Transportation Disadvantaged for trips for our transportation disadvantaged citizens and Resolution 05-168- The Board approved the application and contract for the grant, acceptance of the grant and authorized the Chainnan to sign and approve Resolution No. 05-168. B. Approval of the sub-grant agreement between St. Lucie County and Council on Aging of St. Lucie, Inc., in the amount of $308,840 for a $154,420 Services Development Grant from the FDOT and $154,420 match from the transit MSTU- The Board approved the sub grant agreement for $308,840 and authorized the Chainnan ofthe Board of County Commissioners to sign all necessary documents to execute the agreement. c. Veterans Service/Community Service- The Board authorized the Chainnan to sign all federal fonns associated with the five year grant contract for $454,440 from the U.S. Dept. of Housing and Urban Development for tenant rental assistance. 9. HUMAN RESOURCES Approval of job description- The Board approved the job code 891, pay grade 28 for the Criminal Justice Coordinator - salary $60,844.16-$97,329.23. 10. PUBLIC WORKS This item was pulled for separate discussion. 11. INVESTMENT FOR THE FUTURE A. Fence Installation at Baseball Field No. 2- Tradition Field- The Board approved reallocating $6,343.00 and authorized staff to proceed with the installation of a 1,694' x 4' fence around the perimeter of baseball field # 2. 4 '- ....,; BUREAU OF BEACHES AND COASTAL SYSTEMS BEACHIDUNE WALKOVER GUIDELINES INTRODUCTION In many areas of the Slate. sand dunes provide a significant amount of protection to the upland property, to upland development, and to adjacent beach areas. The Department, therefore, encourages the construction of elevated walkover structures which are designed to protect the dune topography and dune vegetation from pedestrian traffic and which allow for the natural reconstruction and revegctation of damaged or eroded dunes. PERMIT REQUIREMENTS A permit from the Florida Department ofEnvironmenta1 Protection is required for construction of walkovers on most sandy beaches fronting on the open waters of the Atlantic Ocean or Gulf of Mexico. In areas where a coastal construction control line has been established pursuant to provisions of Section 161.053, Florida Statutes. a permit is required for an excavation, construction, or other activities with the potential to cause beach erosion or damage coastal vegetation. Permits for walkovers contain standard conditions which require construction to be co"ducted in a manner that minimizes short term disturbance to the dune system and existing vegetation. Replacement ofvegetation destroycd during construction with similar plants suitablc for beach and dune stabilization is required. On1y timhcd excavation for the placement of support posts is authorized for construction of walkovers. The construction of walkovers may not occur during the marine turtle nesting season, typically May I through October 31, except for Brevard throuih Broward counties (March I through October 3 I). GENERAL DESIGN Walkovers to be constructed across vegetated dunes or across heavily vegetated beach benns should be post-supported and elevated a sufficient distance above the existing or proposed vegetation to allow for sand build-up and clearance above the vegetation (this may be several feel depending on the type of vegetation). Walkovers should generally be constructed perpendicular to the shoreline and extend at least to the seaward toe of the frontal dune or the existing tine of vegetation but not farther than 10 feet seaward of the veaetatlon. Support posts should not be instal1ed "into dune slopes wh1ch are steeper than approximately 30 degrees. Whenever possible, stairways leading from the top or crest ora dune down to the beach should be designed to completely span the seaward slope of the dune. DESICN CRITERIA FOR SINGLE FAMILY DEVELOPMENTS Walkovers should be designed as minor structures and need not meet specific structural requirements to resist wind and wave forces, but should be designed to produce minimum scour of the beach and dune topography during a storm event and to reduce the potential for damage to upland structures as airborne or waterborne debris. The width of the walkover structure should not exceed 4 feet. The railing should be limited to a handrail and one center guard rail. The posts for the walkover structure should be 4-ineh by 4-inch (although 6-lnch posts may be allowed)J should be embedded deep enough to support typical live and dead londs (minimum of 5 feet.) , / '-' "'" and should not be encased in concrete. Typical spacing between post bents is 6 to 8 feet. Supporting beams, bents, and stair stringers should not be greater than 2-inch by J2-inch pressure treated lumber. Connections may be fastened with bolts or nails hotdipped ea1vanized or st.Qinless steel. All lumber should be pressure treated. DESIGN CRITERIA FOR MULTI F AMIL Y DEVELOPMENTS The number of walkovers within the development depends on the expected volume and type of traffic; however, the width of each walkover allowed should not eKceed 6-fect. Where more than one walkover is authorized within the development. a minimum I SO-foot spacing should be provided between authorized walkovers. The piles for the typical walkover are 6.inch in diameter and should be embedded approKimately 8 feet to account for both structural stability and possible dune deflation losses. ~incc the structural desilZn 1!uidclincs providod herein mu~ not APply to many or these !itructurc!I. dcsigners of such strllcture!i arc encouraged to consu It the Office staff. u: 10' ..J fMw...::1 ..... VctelaÚOII 1--6' .8' "-" III, . ApproprtAtc Revised October 4,2000 - I '-' ..., Richard l Langdon 9007 S. Indian River Drive Ft. Pierce, FL 34982-1755 B-mn;l: r.c.lnn!!don(O?att.nct Phone (172) 873-4575 Internet: http://mcmhc:/'1I,tripod.eoml-l~ iekinBhllml April 26, 2005 St. Lucie County - Board of County Co missioners 2300 Virginia Ave Ft. Pierce, Fl 34982 Comissioners, Last Thursday Commissioner Craft and members of Staff attended our Indian River Drive Freeholders meeting to update us on the phase 1 drive restoration project and the upcoming Phase 2, revegatation, project Thank you for including us and attempting to keep us advised and aware. Open communication helps to avoid misunderstandings. At this meeting questions by other freeholder members were raised about work not yet completed, This prompted me, in follow-up, to ask Commissioner Craft about the counties position on this matter with respect to the contractor's claims submitted for $250,000 PER DAY's worth of "early completion bonus" the exact total claimed under this provision is as yet indetenninate. Rather, in my opinion, the County is due the very nominal $3,730 per day from each contractor as damages for delay through final acceptance. In fact, the "Phase 1" contract work is not yet complete, and has not yet been accepted, in at least three major areas: 1. The repair of damage to The Drive caused by the contractor(s) work as required under section 00700-14 Paragraph 6.28 "Site Cleaning up".,.. ",.. THE CONTRACTOR shall remove all his surplus and discarded materials.... so that no further cleaning by the OWNER is necessary prior to his occupancy: shall restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work: and shall leave the whole in a neat and presentable condition." This requirement is reinforced by NOTE 9 of the GENERAL NOTES of the project plans - "The contractor shall immediately repair all potholes which develop within the project limits, as directed by the engineer, and shall maintain a supply of cold mix on the project site to expedite those repairs," 2. The Clean-up and disposal of the contractor's "floating turbidity barrier" (and other erosion control barriers !lnd appurtanences) as required under section 00700-14 Paragraph 6,28 "Site Cleaning up". Also, the maintenance of these barrier systems, while still in place, for the mitigation against continued deterioration untill they are removed and disposed. 3. "Punch list" work which is in process of being identified and "worked off". This concern (Bonus vs Damages) is potentially worth "millions" by itself and does not include or address other concerns about work in place not being perfonned in accordance with the plans and specifications and either the work being rejected and repaired or a negotiated reduction in price being due the County for that portion of work required by specification but not perfonned.. My attempt to review contract documents, my notes, and my construction progress photographs and address these concerns is stiJI a work in progress, Respectfully submitted for your consideration, R.E. (Rick) Langdon 9007 South Indian River Drive (772) 873-4575 ./ '-' "" . , '. . M.ln OfRa 601 Sol. pot'( St. Luci. IIIId. Port St. L.ude, FL 3+984 77~78.ð7JO P~n. 71.2~Fn. . ... :..... "1= '.0 ... ....... Draow:h Om.:" 1107 !H1aw~ A~HIUQ Fort "'Iffio Fl 3"49!i'O rhon. rn..oa.uno Fa", n:2~ '. . . .... . ~.. . . .. . , Åpri111~.200i, .. ... . '. ,. . . ......:~~.~:." ·~...4"':: -... '0, . . Cha1rp'ersOD F~~e. Hu~nsOu . St. LUcie County..BotI1'd 'of County Commission '2300 Vir8üìia ~y"ëpûe" ,'.: ," . . , Fo~ Pi~r~; ~,34982 . "'. . , I' '0. " , , . RE:' : \ c~~~.A~~~ It~ 10 Dear' Chaixþ~~~ Hutchinson:: . <: .. ''':':' ,: ~, :.." .". " . We have;~ ret'afued tó Tq>l;œcn1 ~cpropertÿ 0 who is rcquesthtg ~·~v~ for·lm.· . ~viro.~EIC.taJ impact reportreq_ foX' a lot $pH "., ::.:..... .......... .' .. ..... .... ", .... " . hi; ~¡; ~ ~.~.¡¡¡_ drive .lId ....8IH~~ I~~~:II~~ 100,,,:2. ·7? 'fcct~.Th~estitDated. éost fur an çn~ronmr~ ~Pact:r~. . .. : ô~ ~s"~!,~,or . prQpcrty 15 ~ppro~.atel)· ~.SOOD.OO. . . .,... " ':. ::- .," .' '.' .. . . .,'::. ..,..,. . .'.... , , . .:. .' . ~: . .. . . We'!'CièOtu<,;;o!ns dWCoosent Agonda liem 10 bc ?UH<d ñoà\ (I¡<~~t~ s.~ . 'tlw fiu:re' can be ~oard discTJssion and a scparat~ Vf~ Oll this ·item.. . . _ ~.: . , '. . n-.ky.;~,~~~~",\~, ~"'. <II ..q , SiZGeëT. y,...... ....:. :' ," . d : .' II ., '...~. 0:,: ",~.."...::.' ., '~'.. . I··.';· ' . " . ,_ ..', . . '. I' . . :',. ,'..', .- . , . I I.. . '¡ . ~ "".~ I .., A' . B:.~o~r~;·~ïilié,· ..:::.:, .. ,; , . '. . .. ...'., I' . .... . " "j "'," . AB~¿~P...... . :.<.: ..,'.; '- .' . cc: ,'" CO'nnnisSiO:;ier Joseph ~riritb . .' "CÇlmm~ônC"Doug.Co\vará. . ~~~s8io.ner Paubi leja,js: .' : '. .COm~S·SiODet Çh.ds" traft ,.' . '.', '. . . . . .~ ':Doug Anderson, County 4-~ttru1O:r.' .... ':: :". ", ' '" ,: . Dan ~C!ntyre. CoUnt)! At;tpmcy· . , . I . . ..: '" : : v.an~sa Bes,seY,.Enviro~tal RésoUrces M ag~:.'·".. ";::.~:.;" '. . ",. ... .., ," . ;:~' -..... ,:~'..:' "'. ,', .::~' ':" . ...... . .~. '. . . ,. .. , . .1 ". . . , ~.: . .. \. '. " ... .' .' ,I. ,. . .'."" :.... . . ' .. .. , '.. ,.1. , -. . ,," . ",., :i' . '.. I. . '., ,,':;>~>'~. ..:..... ". '. '.. , . T,., ". . . . :' I , , " .' , . . . .1,'.. .: ':. " ·:1:·'·.. . .... ., , '." ". .. .\ . .,' . . .'::. . ~.' ..' ::,. .'. '. . ". .. '.. " .. ..... ", I . .'-; ....:.. . ':. _ __'.. I..,..:..... .' . ":':':". ,....'.".:>..,.::. ',', .1.;........ '.~: ..'.-.....:..;,. :,: :'::' :;;'~'::,:I·...:~, >..'..:,,\..' . ' " . ..., ',.' ,.,...... . - ...~~.::l.~.~~~.~_št..F~~' ':.\..' ;" ...:'. ~:: ,.:';' '.:" . . ". '..,. ,.' ,", . " I . . . .:.., . ,,".'. " .,.. ,'.,' "¡w : 'I'G! )(1::1.;;1 ~ IJdSS:ØI sæz 1ë '..I"'Q I _, , ' . , : wœ.:l .'.-......-'... --'-.-."-",, ./. t· ," '-" ...., B. Reallocation of Funds to replace office furniture at Lincoln Park Community Center- The Board approve the use of $1 ,452.00 from previously approved Investment for the Future funds to purchase new office furniture for Lincoln Park Community Center. C. Release of retainage to Ahrens Companies & Final Payment- The Board approved final payment and release of retain age of$66,475.77 to Ahrens Companies. 12. PURCHASING Approval of Hurricane Related Purchases- The Board approved the attached list of hurricane related purchases. 13. SHERIFF Reimbursement of Hurricane Costs and approval of Budget Amendment- The Board approved the request for reimbursement and approved the budget amendment in the amount of$409,222.00. 14. GRANTS Acceptance of Interlocal Agreement- The Board accepted the Interlocal Agreement with FIND providing for $225,000 for shoreline stabilization and habitat restoration on lands owned by FIND along Indian River Drive as part of the Indian River Drive Vegetation/Habitat Rcstoration project. REGULAR AGENDA 5.A No public hearings scheduled 6. COUNTY ATTORNEY (1-2680) Parcel owned by 8t. Lucie County Tax J.D. Nos. 1417-433-0001-000-0 and 1417-433- 005-000-8 - The County Attorney advised the Board the applicant has withdrawn this request. 7. GROWTH MANAGEMENT (1-2784) Consider Draft Resolution 05-137 approving the petition of Ginn-LA S1. Lucie, LLLP for a M,~ior Site Plan Approval to allow for a 100 unit condominium including a 7,700 square (wt beach cluh ill the IIIRD alld PUD zoning district. The Planning Manager addressed the five conditions. It was moved by Com. Coward, seconded by Com. Craft to approve Draft Resolution No, 05-137 with the five conditions as stated by the Planning Manager, and; upon roll call, motion carried unanimously. 8. MANAGEMENT AND BUDGET (1-2969) Auditor Selection Committee- Staff recommends the Board of County Commissioners advise the Constitutional Officers of the fact that an auditor selection committee must be established in accordance with Florida Statutes. Staff further recommends the Board designate an individual to represent them on the auditor selection committee. Com. Coward moved, seconded by Com. Craft to appoint Marie Gouin, Management and Budget Director as their designee to represent them on the auditor selection committee, and; upon roll call, motion carried unanimously. Com. Crall questioned the availability of someone on our staff who reviews concurrency issues and or traffic studies. 5 '''w'' """" The Assistant County Administrator stated she does not believe anyone in the department has the expertise in the area. The Planning Manager stated they have reliedon the Road and Bridge department to assist in the traffic issues. The Assistant County Administrator stated she was not sure whether the Road and Bridge department reviewed concurrency issues. The Road and Bridge Manager stated historically they have only reviewed road and drainage issues and he himselfhas not reviewed concurrency issues. Com. Hutchinson directed staff to review this issue and come back to the Board with recommendations and options as to whether or not an additional staff member with expertise in concurrency issues should be hired. Com. Coward stated he had mixed emotions on the issue of hiring another staff member since he felt the Road and Bridge Manager is very capable and the concurrency issues are not lack of ability but is more of an internal policy issue as to how we were dealing and interpreting our codes. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 6 - '- To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: txJ APPROVED c:=J OTHER County Attorney Originating Dept.: Finance: '" -.."I Agenda Request SA. 05/03/05 Item Number Date: Consent Regular Public Hearing Leg. [ ] [ ] [ ] [ X ] Quasi-JD [ X ] Presented By ~ F:- ~ -=::> Assistant County Administrator Consider Draft Resolution 05-027 granting Preliminary Planned Unit Development approval for the project to be known as Rocking Horse Ranch - PUD, for property located at the southwest comer of the intersection of Johnston Road and the Indian River County line. Board of County Commissioners Growth Management The petitioner, Johnson Road Development Group, LLC.. has requested Preliminary Planned Unit Development approval on property located at the southwest comer of the intersection of Johnston Road and the Indian River County line to allow for the development of 160 residential lots. N/A On April 5, 2005, this Board held a public hearing on this item and continued it to the May 3, 2005, meeting in order to allow the developer to redesign the project to be in compliance with the North County Citizens' Master Plan. At the February 17, 2005, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 5 to 2 (Ms. Hammer and Mr. Knapp) with two members (Mr. Trias and Mr. Akins) absent, recommended approval of the requested change in zoning. Staff recommends approval of Draft Resolution 05-027 approving Preliminary Planned Unit Development Approval for the project to be known as Rocking Horse Ranch - PUD. Approved 5-0 to continue to a date uncertain until the developers agreement has been drafted and the public hearing advertised. URRENCE: ouglas M. Anderson County Administrator $J Coordination! Signatures Mgt. & Budget: ~ Environ. Res, Division: Purchasing: Other: - .. " '" ....., - ~ Commission Review: May 3, 2005 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Assistant County Administrator DATE: April 27, 2005 SUBJECT: Application of Johnson Road Development Group, for Preliminary Planned Unit Development approval for the project to be known as Rocking Horse Ranch. LOCATION: Southwest corner of the intersection of Johnston Road and the Indian River County line. EXISTING ZONING: AG-1 (Agricultural- 1 du/acre) PROPOSED ZONING: PUD (Planned Unit Development - Rocking Horse Ranch) CURRENT FUTURE LAND USE: RE (Residential Estate) PARCEL SIZE: 160 acres PROPOSED USE: 160 single-family residential lots PROPOSED DENSITY: 1 dwelling unit per acre SURROUNDING ZONING: AG-1 (Agricultural - 1 du/acre) to the south, east, and west. SURROUNDING LAND USES: The general existing land uses surrounding the property are agricultural and residential. The Future Land Use Classification of the surrounding area is RE (Residential Estate) to the south, east, and west. FIRE/EMS PROTECTION: Station #4/ (4900 Ft. Pierce Boulevard), is located approximately 3.5 to the southeast. UTILITY SERVICE: The subject property will be serviced by well and septic systems. April 27, 2005 Page 3 3. 4. 5. 6. '-" ...",,¡ Subject: Johnson Road Development Group, LLC. File No.: RZ-Q4-036/PUD-04-027 area. The remainder of the subject property has been utilized for a grove operation, which is now defunct. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed change in zoning to PUD for the purpose of allowing the construction of a single-family residential development is not inconsistent with the proposed future land use classification of the subject property and surrounding properties. The St. Lucie County Comprehensive Plan designates the subject property with a Future Land Use Classification of RE (Residential Estate), which allows up to 1 dwelling unit per acre. The AG-1 Zoning District also allows 1 dwelling unit per acre. The proposed PUD has a gross density of 1 dwelling per acre. There are several developments located to the north of the proposed project in Indian River County that have higher densities than the proposed project. Arbor Trace is one of these developments. Whether there have been changed conditions that require an amendment; There have not been changes that would require an amendment. The site is located outside of the Urban Service Boundary of St. Lucie County. Water and sewer services will need to be provided through on-site well and septic systems. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The proposed site plan, which is tied to this rezoning, would not create additional demands on water/sewer facilities in this area since no facilities exist. The subject property is located outside of the Urban Service Boundary of St. Lucie County. Water and sewer service is to be provided by on-site well and septic systems for each lot. The public school system can be expected to be responsible for the education of an additional 54 students. At the writing of this report, staff has not received a response from the School Board in regard to this project. Drainage will be handled through a master drainage system which requires permits from the South Florida Water Management District (S.F.W.M.D.), as well as, a St. Lucie County Stormwater permit. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed change in zoning and development of this site as a residential planned unit development is not expected to result in any adverse environmental impact. The subject property has been operated as a grove for many years prior to the proposed development application and residential development should not have an adverse effect. p ~ ....,,¡ April 27, 2005 Page 4 Subject: Johnson Road Development Group, LLC. File No.: RZ-04-036/PUD-04-027 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly and logical development pattern may result with this change in zoning. The subject property is located to the south of several developments in Indian River County that have a higher density than the proposed project. Arbor Trace is one of these developments. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The applicant, Johnson Road Development Group, LLC., is proposing a residential development of 160 Single-Family Lots on 160 acres of land located at the southwest corner of the intersection of Johnston Road and the Indian River County line. The project is to be known as Rocking Horse Ranch - PUD. As a Planned Unit Development, the applicant proposes to develop the subject property with some flexibility. Section 7.01.03(1) of the St. Lucie County Land Development Code requires that 35% of the site must consist of open space, a minimum of 15% of which must be native upland habitat preserved in its natural condition. The proposed planned development maintains 56 acres of the project area in total common open space. Lakes and landscaping contain 41.42 acres, native upland habitat contains 4.65 acres, 3.96 acres of common open space tracts, and the recreational area contains 3.67 acres. The applicant is also dedicating an additional 40 feet of right-of-way along Johnston Road that totals 1.24 acres. The remainder of the project consists of those areas designated for residential development (buildings, roadway, driveways, and sidewalks). On April 5, 2005, this Board held a public hearing on this item and continued it to the May 3, 2005, meeting in order to allow the developer to redesign the project to be in compliance with the North County Citizens' Master Plan. Staff met with the applicant after the April 5, 2005, meeting to discuss the project and a possible redesign of the project. At the time of the writing of the staff report, staff had not been provided a revised site plan. At the February 17, 2005, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 5 to 2 (Ms. Hammer and Mr. Knapp) with two members (Mr. Akins and Mr. Trias) absent, recommended approval of the requested change in zoning. The dissenting votes on the recommendation were concerned with the installation of dry lines in the development in case water and sewer service are available to the project in the future. These members believe that costs of construction of these dry lines would be less now than to install them at a later time if water and sewer were to become available. The developer's representative indicated that they would be opposed to the installation of dry lines in the project since St. Lucie County has no plans to expand utilities to the area and the property is located outside of the Urban Services Boundary where these services are not provided. '-' -...; April 27, 2005 Page 5 Subject: Johnson Road Development Group, LLC. File No.: RZ-04-036/PUD-04-027 The subject property is located in the area of the proposed North County Master Plan. The Treasure Coast Regional Planning Council (TCRPC) has written a preliminary report for the master plan and has provided St. Lucie County with draft amendments to the St. Lucie County Comprehensive Plan to implement this plan, however, at the time of the writing of this report, no final plan has been adopted. While the proposed project is consistent with the Residential Estate Future Land Use Classification of the subject property and meets all current County requirements, it may not be compatible with the Master Plan for the entire area. Based solely upon the standards of review as set forth in Section 7.01.03, staff finds that the proposed project meets the current standards of review as set forth in the Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that the Board approve the petition for preliminary planned unit development approval for the project to be known as Rocking Horse Ranch - PUD (Planned Unit Development), subject to the following conditions: 1. No two adjoining homes shall have the same front architectural elevation. 2. Prior to the issuance of the Certificate of Occupancy (CO) for the first residential unit, the developer shall provide a concrete sidewalk, having a minimum of six feet, along the western side of Johnston Road from the northern property limits to the southern property limits. Staff recommends approval of Draft Resolution 05-027. Please contact this office if you have any questions on this matter. SUBMITTED: ~ ~ ......,..~ Faye Outlaw Assistant County Administrator ~ Attachment hf cc: David M. Fisher - Schulke, Bittle & Stoddard, LLC 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 '-' 'wi RESOLUTION 05-027 FILE NO: RZ-04-o36/PUC-o4-o27 A RESOLUTION GRANTING PRELIMINARY PLANNED UNIT DEVELOPMENT APPROVAL FOR THE PROJECT TO BE KNOWN AS ROCKING HORSE RANCH - PLANNED UNIT DEVELOPMENT WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Johnson Road Development Group. LLC, presented a petition for Preliminary Planned Unit Development approval for the project to be known as Rocking Horse Ranch for the construction of 160 single-family homes for 160 acres on located at the southwest comer of the intersection of Johnston Road and the Indian River County line. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet minimum technical requirements. 3. On February 17, 2005, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due public notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and recommended that the Board of County Commissioners approve the Preliminary Unit Development approval for the project to be known as Rocking Horse Ranch - PUD for the property depicted on the attached Maps as Exhibit "A" and described in Part B below. 4. On AprilS, 2005, the St. Lucie County Board of County Commissioners held a public hearing, of which due public notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and granted Preliminary Development Plan approval for the project to be known Rocking Horse Ranch - PUD. That meeting was continued to the May 3, 2005, meeting of the Board of County Commissioners. 5. 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. 6. 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. File No.: RZ-04-0361PUD-04-027 May 3, 2005 Resolution 05-027 Page 1 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-' 'will . 7. 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. 8. 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. 9. The proposed project will be served by adequate private facilities and services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the S1. Lucie County Land Development Code, the Preliminary Site Plan for the project to be known as Rocking Horse Ranch - A Planned Unit Development be, and the same is hereby approved as shown on the site plan drawings for the project prepared by Schulke, Biddle & Stoddard, L.L.C., Inc., dated January 19, 2005, and date stamped received by the S1. Lucie County Growth Management Director on January 20, 2005, for the property described below, subject to the following conditions: 1. No two adjoining homes shall have the same front architectural elevation. 2. Prior to the issuance of the Certificate of Occupancy (CO) for the first residential unit, the developer shall provide a concrete sidewalk, having a minimum of six feet, along the western side of Johnston Road from the northern property limits to the southern property limits. B. The property on which this Preliminary Planned Unit Development approval is being granted is described as follows: THE NORTHEAST Y4 OF SECTION FOUR TOWNSHIP THIRTY-FOUR SOUTH, RANGE THIRTY-NINE EAST, LESS THE EAST THIRTY FEET OF THE NORTHEAST Y4 OF THE NORTHEAST Y4 AND LESS THE WEST SIXTEEN FEET AND ALSO, LESS THE EAST SEVENTY FEET OF THE SOUTHEAST Y4 OF THE NORTHEAST Y4; SAID LAND SITUATE IN ST. LUCIE COUNTY, FLORIDA. AS RECORDED IN OFFICIAL RECORDS BOOK 1827, PAGE 2179, ST. LUCIE COUNTY, FLORIDA PUBLIC RECORDS. (Tax ID#: 1304-111-0002-0001) (Location: Southwest corner of the intersection of Johnston Road and the Indian River County line) C. This Preliminary Planned Unit Development approval shall expire on May 3. 2007, unless an extension is granted in accordance with Section 11.02.06(B)(3), S1. Lucie County Land Development Code or final planned unit development approval has been granted. File No.: RZ-04-036/PUD-04-027 May 3,2005 Resolution 05-027 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 'w' ....., D. A copy of this resolution shall be attached to the site plan drawings described in Section A, which plan shall be placed on file with the St. Lucie 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 XXX Commissioner Chris Craft PASSED AND DULY ADOPTED this 3rd Day of May 2005. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney hf H :\WORD\Petitions\BCC\FI N ISHED.05\RockingHorseRanchPrePD.PD\RockingHorseRanchPrePD-RES.doc File No.: RZ-04-036/PUD-04-027 May 3, 2005 Resolution 05-027 Page 3 ~ ...., 1 2 3 4 EXHIBIT "A" 5 6 7 . General Location Map 8 . Area Subject to Preliminary Planned 9 Unit Development Approval 10 . Site Plan Graphics 11 12 13 14 15 16 17 18 FHe No.: RZ-04-036/PUD-04-027 May 3, 2005 Resolution 05-027 Page 4 '--' ...., +oJ C Q)" E a. .Q Q)üt'-- >...IN Q)...JO o I ~"¢' "0 0.0 CO:::J,.... OO~ a:::L..:J (!)a. c o en c .c. o """') N ~ A ~!, it" ~ 'iå ~ z+~ ~ ... ~ æ c: CII 'ë .!: '-"IIII!\IS ~ Mln_ ~ .""- ] u ..... IIN':) toto;:) ~ f 18 ~uno::> eeqo4:>ee>tO 10 o o N ,...: N ~ co ::I c: co ., 'tJ ~ co a. ~ a. a. co ~ ~ c: :> o () c: :e CII ~ ! u · A petition of Johnson ~ad Development Group, Lté, for Preliminary Planned , Unit'Development Approval for the project to be known as Rocking Horse Ranch. Indian River County m Il~I~~ R~ Belleair Ave m 1111111111 I I ,1,1/1'1 II IIIII r-- - ~. i]~ 0£mE å'N1B IIIIIII~II'I'I "C Di 0:: c: .9 en c: .I: 0 " Deland Ave -' ., I Russos Rd ~ ~ c: 0 II f! Q) TT1 I I E w I I I I L L"C "C 0:: en :..: 1'0 I, 0:: en en 'E ::I II 1'0 0:: C) Q) :c ~ ~~ I ~'¡'1~ rf~ is' ~ ()' ~ - Indrio Rd I U L-JL- %~ '& I...... Legend 5è~~&~ N PUD 04-027 A ~ Subject parcel GIS __'-~-=- Map prepared January 27,2005 . Johnson ~oad Development Group, LLC Zoning Indian River County . ~'f~~ RS-~S7:4 AG-1 '-AG-1- AG-1- ~I ~. RS~4t "0 a:: AG-1 c: ~S~.' .s (/) c: .t: 0 ~ Deland' À~ -AG-1- -AG;.1 I AG-1 I J= "::",' Russos Rd ~ AG-1 AG-1 §! AG-1 AG-1 , ~ c: I I 0 , II f! I I I I Q E L W "0 a:: "0 (/) a:: :S2 '--- "E co (/) co (/) U 0) &-AG-1--t Q :õ 0 ~ AG-1 AG-1 AG-1 ~8';.1~ AG-1 _e.UD_ I ~ L- ~~ ~~ AG-1 :f~ AG-1 IL ¡ ' '%0- Ed CG - -. r CG I Indrio Rd ~ ( U L-J '- '& ~ ~¿ RS-2 .", \ "5 ~ AG-1 AG-1 AG-1 AG-1 /I Legend 5è .Á~ ~m':¡~'", N PUD 04-027  ~ Subject parcel GJS --'-'-.'_...... Map prepared January 27,2005 ~ 'wi . Johnson Road Development Group, LLC Land Use Indian River County - Iiid. Belleair Ave RE ~E- œ . " c:: RE r:: .9 ~ U) J r:: .c. - 0 ::-J -RE- -RE .--- RE ~soS' Rd I RE U I~ r:: 0 I!? r-RE 4) II I E RE w =r=T1 I I I I I I L " c:: U) '------- " :..: co c:: U) RU "E U) T/U (\ cE-RE--t RE-~-RE .c RE 0 ~ RE ~ L _ ~~ ~~ MXD MXD rf~ íI' ~ MXD H ,MXD 0- E1 í COM ~IST Indrio Rd ,\(1 U COM--L- MXD 'd>~'$ MXD COM ~ 'ß- \ MXD ~' RE RE RS %\ RE '& R-E RE Legend x- ~~ ¿;;,-*,~ N PUD 04-027 A ~ Subject parcel GIS .~__...'--' Map prepared January 27 2005 Johnson ~oad Developmerì1' Group, LLC PUD 04-027 Legend ~ Subject parcel ,sr.'/~=ic ¿;óu~·,,-,~ GIS ,-=._,.~ Map prepared January 27,2005 N A '-' ...., i' CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.00.00 GENERAL PROVISIONS 7.00.01 PURPOSE The purpose of this Chapter is to provide development design and improvement standards applicable to development activity in the unincorporated area of the County. 7.01.00 PLANNED UNIT DEVelOPMENT 7.01.01 PURPOSE The Planned Unit Development (PUD) District is intended to achieve residenlialland development of superior quality through the encouragement of flexibility and creativity in design options that: A. permit creative approaches to the development of residential land reflecting changes in the technology of land development; B. allow for the efficient use of land. which can result in smaller networks of utilities and streets and thereby lower development costs; C. allow design options that encourage an environment of stable character, compatible with surrounding land uses; and D. permit the enhancement of neighborhoods through the preservation of natural features. the provision of underground utilities. and the provision of recreation areas and open space. 7.01.02 AUTHORIZED USES A. PERMITTED USES ' Any permitted. conditional or accessory use in the Agricultural-1 (AG-1); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); ResidentiaVConservation in the Agricultural-1 (AG-1); AgriCUltural-2.5 (AG-2.5); Agricultural-5 (AG-5); Residential/Conservation (RC); Residential, Estate-1 (RE-1); Residential, Estate-2 (RE-2); Residential, Single-Family-2 (R5-2); Residential. Single-Family-3 (RS-3); Residential. Single-Family.... (RS-4); Residential, Multiple-Family-5 (RM-5); Residential. Mobile Home- S (RMH-5); Residential, Mulüple-Famiy-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Residential. Multiple-F amily-11 (RM-11); and Residential, Multiple-Family-' 5 (RM-' 5) zoning districts of this Code may be permitted in a Planned Unit Development District subject to complying with the residential densities described in Section 7.01.03(8). AdOpIM Au;uSt 1. 1_ 375 Reviled Thraug" D&'01JDO ~ ...., Seclron 7.0' ,00 Planned Un,. Development B. NONRESIDENTIAL DEVELOPMENT USES Uses of the types pennitted in the Commercial. Neighborhood (CN) District are also permitted up to an amount not to exceed three (3) percent of the gross area of the Planned Unit Development or ten (10) acres. whichever is less. In addition. playgrounds, pUblic and non-public parks. golf courses, country clubs. bicycle paths. racquet sports facilities. riding stables. marinas. clubhouses. and lodges may be permitted in a Planned Unit Development District. 7.01.03 S1 ANDARDS AND REQUIREMENTS Standards and requirements for a Planned Unit Development shall be as follows: A. MINIMUM SIZE A Planned Unit Development shall be a minimum of five (5) contiguous acres of land under common ownership or control. B. DEN5fTY The maximum possible permitted density of a Planned Unit Development shall not exceed the density reflected in the Future Land Use Maps of the Comprehensive Plan. On North and South Hutchinson Island. the provisions of Section 3.01.03(AA)(8) shall govern. C. AREA. YARD, AND HEIGHT REQUIREMENTS Area. yard, and height requirements shall be determined at the time of Preliminary and Final Development Plan approval, except that for any structure on North or South Hutchinson Island that has not been occupied, constructed. or has not received a building permit. site plan or other County development approval as a pennitted use prior to January 10, 1995 the requirements of Section 4.01.00. Hutchinson Island - Building Height Over1ay Zone shall apply. D. PUBLIC FACILITIES 1. The Planned Unit Development shall be designed and located so there will be no net pUblic cost for the provision of water lines, sewage lines. storm and surface drainage systems. and other utility systems. 2. 'The rni1imum size of an water mains used. or intended for use, in fire protection activities IS six (6"') inches. Actual water main requirements will be determined by the 51. Lucie County- Ft. Pierce Fire Prevention Bureau. 3. The minimum size of aU water mains used, or intended for use, in fire protection activities. that are located an a dead-end water main is eight (8·) inches. Actual water main requirements wiD be detennined by the St. Lucie Count)'-Fl Pierce Fire Prevention Bureau. ~ Auglø11. 1110 371 ReviMd TrtnuIIh DllD11DO '-' ...,; Se::llon 7 ,O~ .00 Plilnneo Un,¡ Develo:¡men: The maximum number of fire hydrants that may be located on any dead end water maIn is one (1). ~. Fire hydrants shall be provided at a minimum spacing of one every six hundred (600) feet unless otherwise approved by the 51. Lucie Counry-Ft. PIerce FIre Prevention Bureau, E. TRAFFIC AND PEDESTRIAN CIRCULATION 1. Every dwelling unit, or other use permitted in the Planned Unit Development shall have access to a public street either directly or through an approved private road. a pedestrian way, or other area dedicated to public or private use. 2. Principal vehicular access points shall be designed to permit smooth traffic now with controlled tuming movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the Planned Unit Development shall not be connected to streets outside the development so as to encourage their use by through traffic. 3. The proposed Planned Unit Development shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the project. or such surrounding collector or arterial roads shall be improved so that they will not be adversely affected. ~. All non-residential land uses within the Planned Unit Development shall have direct access to a collector or arterial street without creating traffic hazards or congestion on any street. 5. Streets in a Planned Unit Development may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall comply with all per1lnent County regulations and ordinances. however. variations to the standard minimum right-of- way widths may be considered as part of the Planned Unit Development if it is shown to the satisfaction of the Board of County Commissioners, that the requested variation is consistent with the intent of the County's roadway construction standards and necessary for the design of the Planned Unit Development. 6. All roads and streets shall intersect at an approximate :t5° angle of ninety degrees (900) unless circumstances acceptable to St. Lucie County indicate a need for a lesser angle of intersection. 7. Street jogs or centerline offsets between any local street or road with another local street or road. shall be no less than one hundred fifty feet (150). 8. The intersection of any two local roads or streets with a Major Collector or Arterial Roadway shall be separated by a minimum distance of six hundred sixty feet (660), as measured from centerline to centerline. 9. Penn&nent dead-end streets shall not exceed one thousand feet (1000) in length. Cul-de-sacs shall be provided at the end of all dead end roads or streets greater than five ~AugUlt 1. 1890 m Reviled Through 08ID1IDO '-" ....., Section 7,0'00 Plannea unl: DevelOpmen: hundred and one (501) feet in length. The length of a dead-end street shall be measured along the centerline of the street from the its point of perpendicular intersection with the centerline of intersecting street to the end of the dead-end street or roadway. All cul-de-sacs shall have a minimum right-of-way diameter of one hundred (100) feet. " If the dead end roadway is five hundred (500) feet or less in length. a "Y' or"'" type of turn around may be approved. If a dead end street is temporary in nature then a temporary cul-de-sac shall be reQuired until the roadway is connected to another street or road. In the center of the cul-de-sac an unpaved island, surrounded by a curb. improved with grass and landscaping that will not interfere with sight distance, may be provided. Center islands shall have a diameter of not less than seventeen (17) feet, unless otherwise approved through the review of the Planned Unit Development. 10. All roadways, exclusive of interior parking and access aisles areas, regardless of ownership. shall be located a minimum of ten (10) feet from any exterior building walls, except for security gate houses or similar security structures located in a private street Dr road right-of- way. 11. Any pedestrian circulation system and its related walkways shall be insulated from the vehicular street system. This shall inctude. when deemed to be necessary by the Board of County Commissioners, pedestrian underpasses Dr overpasses in the vicinity of playgrounds and other recreation areas, local shopping areas, and other neighbortlood uses which generate a considerable amount of pedestrian traffic. 12. Access points on 811 collector Dr arterial streets serving a Planned Unit Development shall be located and spaced so that traffic moving into and out of the arterial streets do not cause traffic congestion. F. PARKING AND LOADING 1. General Provisions a. The number, type, and location of parking spaces shall be determined 8t the time of final Plllnned Unit Development plan approval. The determination of the number of spaces required shell be based on Section 7.06.01 (F) of this Code. The number of parking spaces required by this section may be reduced based on substantial competent evidence hit the reduced number of spaces is adequate for the proposed use or ht parking may be shared by proximate uses that operate at different times or on different days. - b. Reserved parking spaces may be provided, in lieu of paved spaces, subject to Section 7.06.02(C) Dflhis Code. :'" f r r 1f August ,. '810 3'71 Reviled TIvDuDh DIID'IJDO ''w' ...., Sectlo~ 7,01,00 Planneo Un': Delielo;:>menl 2. Off Street Parking and Loading Off-street parking and loading requirements are govemed by Sections 7 .06.02 and 7.06.03 of this Code, and the following standards: a. Off-street parking and loading areas shall be designed to provide travelways between adjacent uses while discouraging through traffIc. b. Off-street parking and loading areas shall be screened from adjacent roads and pedestrian walkways with hedges. dense planting, or changes in grades or walls. 3. On Street Parking In Planned Unit Developments, on street parking may be used so long as the road on which the on-street parking is proposed lies entirely within the limits of the defined Planned Unit Development and such parking would not c )ntravene any other provision of this Code or the 51. Lucie County Code of Ordinances. Where such on street parking and loading is used, it shall be consistent with the following design standards: a. The minimum size of a parking stall shall be as follows: parallel angled handicapped(paralleJ) handicapped(angled) 8 feet X 23 feel 10 feet X 18 feel 12 feet X 23 feet 12 feet X 18 feet b'. Handicapped parking spaces shall be appropriately marked. c. Access for emergency fire vehicles shall be in accordance with NFPA standards. d. No more than fifteen (15) parking spaces shall be permitted in a continuous row without being interrupted by a minimum landscape area of 360 square feet. G. LIGHTING All lighting facUities shall be arranged in such a manner so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties. H. LANDSCAPING AND NATURAL FEATURES 1. Native trees and vegetation and other natural features shall be preserved to the extent practicable. ,2. All sensitive environmental vegetation. trees and areas shall be preserved to the extent practicable. .....Auplst 1.15190 371 Revised Through 08101100 '-" ...., Section 7,0' 00 Planneo una: Development 3. Landscaping for off-street parking and loading areas shall meet the minimum requirements of Section 7.09.00. .. OPEN SPACE STANDARDS 1. A minimum of thirty· fIVe (35) percent of the gross area of land to be committed to a Planned Unit Development must be for use as common open space, which may include. parks. recreation areas, bicycle and pedestrian paths and facilities. marinas. swimming beaches. common open space. common landscaping and planting areas, or other areas of public purposes or use other than street, road or drainage rights.of.way, above ground utilities. excluding stormwater treatment facilities, and parking areas. . A minimum of 15 percent of any existing native upland habitat on the property. must be preserved in its natural condition as pan of the required 35 percent common open space. For each acre of preserved native habitat above the required minimum 15 percent that is preserved in its original state. credit shall be given at a rate of 150 percent per acre towards the remaining common open space requirement. All areas to be dedicated for common open space shall be identified as part of the Preliminary Development Plan for the Planned Unit Development. Areas that are floodways. lakes. wetlands. and stormwater retention areas may be applied to satisfy the total common open space requirement. subject to the requirement that 15% of any existing native habitat on the property must be included as part of the required 35% common open space. As part of the Final Planned Unit Development submission process. the developer or petitioner for the Planned Unit Development shall provide for one of the following: a. The advance dedication of all common open space to a public. or acceptable private. ' agency that will, upon acceptance. agree to maintain the common open space and any buildings. structures or improvements that have been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building permits, including land delring, for any ponion of the Planned Unit Development ;or. b. A phased conveyance of the land to a public or acceptable private agency that will, upon acceptance, Igr. to maintain the common open space and any buildings. structures or improvements that have been placed on it. The schedule for the phased conveyance of any such lands to be used for cornmon open space shall be a specifIC condition of approval for the Planned Unit Develop~nt. 2. No parcel of land identified for use as a park or common open space shall be less than one (1) contiguous acre, and all such areas shall be physically pan of the Planned Unit Devel- opment. 3. Areas provided or reserved to meet any other environmental preservation or protection requirements of this code or other lawful regulatory authority may bè counted towards the overall common open space requirement, provided that the common open space meets the .'\bcfl t AuguSI 1. 1110 - ReviMd TtInMIIh 0IID11DO '-" .., SectIon 7 ,O~OO Pl3nne~ Un!: Developmen~ requirements of this Code. J. SETBACKS FROM AGRICULTURAl LAND Planned Unit Developments adjacent to land used for agricultural purposes, or designated for agricultural use on the Future Land Use Map of the 51. Lucie County Comprehensive Plan. shall provide setbacks from the agricultural land sufficient to protect 'the function and operation of those , uses from the encroachment of Urban activities or uses. K.· PHASING 1. A Planned Unit Development may be developed in more than one stage or phase. 2. If a Final Development Site Plan approved by the Board of County Commissioners is to be developed in stages or phases. each successive phase shall be constructed and developed in a reasonably continuous fashion, No more than two (2) years shall elapse betWeen the completion of any stage or phase, and the final stage or phase shall be completed within ten (10) years of the date of Final Development Site Plan approval. Extensions of the above requirements are subject to approval by the Board of County Commissioners. Unless otherwise amended by the Board of County Commissioners through the Final Development Site Plan review process. the following sequence of development must be adhered to: a. One or more major recreation facilities and other major amenities. planned to serve the entire development. shall be completed or adequate security posted prior to the issuance of building or mobile home permits of more than forty (40) percent, or other percentage as determined by the Board to be appropriate based on circumstances that include the size of the project and the proposed phasing schedule, of the total number of authorized dwelling units. Recreation facilities or facilities and other amenities planned to serve one (1) phase of a multi-phased development shall be completed or appropriate security posted prior to issuance of building or mobile home pennits Dr the recording of any final plat within that phase. b. No commercial facility shall be permined prior to the completiòn of at least forty (40) percent of the total number of authorized dwelling units; and, c. For Planned Unit Developments to be constructed in stages Dr phases, the net density of an individual stage Dr phase may vary from the approved Final Site Plan subject to the requirements in Section 11.02.05. ..... AugIIIt ,. ,8eO 311 Reviled Through 08/01100 ~ ~ AGENDA ITEM 7: JOHNSON ROAD DEVELOPMENT GROUP. LLC - PUD-04-027 Mr. Flores stated that this is the application of Johnson Road Development Group for a change in Zoning from the AG-l (Agricultural 1 dulacre) to a Planned Unit Development (PUD) Rocking Horse Ranch Zoning District for 160 acres of property which is located at the southwest comer of the intersection of Johnston Road and the Indian River County Line. The applicant is proposing a residential development of 160 single-family lots on 160 acres of land. The project is to be known as Rocking Horse Ranch. It does maintain 56 acres of the project area total common space. The applicant is also dedicating an additional 40 feet of right-of-way along Johnston Road. Staff has detennined that the proposed Zoning District designation and Preliminary Planned Unit Development site plan are compatible with the existing and proposed uses in the area. This petition does meet the standards of review as set forth in the Land Development Code is not in conflict with the Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Staff is aware of concerns relative to a development in the North County area; on Friday February 18, 2005 the Treasure Coast Regional Planning Council is scheduled to present its findings subsequent to the North County Charrette for the North County area at the Lakewood Park Elementary School. Based solely upon the standards of review as set forth in Section 11.06.03 staff finds that the Planning and Zoning Commission can forward a recommendation of approval to the Board of County Commissioners. Chair Grande asked staffif they had discussed the North County Charrette, its existence and the pending meeting Friday with the applicant at the time that this hearing was scheduled for tonight. Mr. Kelly responded that they had discussed it with nearly everyone in the area. The other issue was that they have said all along that those who expected an increase in density over existing entitlements would need to deal with the results of the Charrette. Those who come in within their existing entitlements, with no increase in density, there was no moratorium, that was a conscious decision and the board indicated that they would be able to go ahead with densities that were consistent with what was already on the ground. This applicant had chosen that path, and there were issues related to the North County Charrette. Vice-Chair Hearn asked staff what the concerns would be with this project for the North County Charrette plans. Mr. Kelly responded that the North County Charrette's most critical area was 1-95 over to Emerson, north and south of Indrio. The Charrette indicated one or more villages in the area with open land around the village, and the village density populated yet to be written transfer of development rights program. Those who came in and wished to develop at the existing density would be allowed to do so. His comment about it may not be as critical because the property in question was up on the county-line and one of the issues of the Charrette was that they would place a new greenway drainage system through the middle and if there was a project such as this out in the middle somewhere where it looked like it really might conflict with that future plan, he'd be much more concerned than up in a corner like this where it wasn't likely to conflict. Vice-Chair Hearn asked what was the relation of Indrio Groves to this development. P & Z Meeting February 17, 2005 Page 16 \w' ...., Mr. Kelly responded that it was nearby. Mr. McCurdy asked if at this zoning density would the Johnson Road Development Corporation be able to develop at one unit per acre without coming in for a PUD. Mr. Kelly responded that they probably wouldn't get the whole 160 units, but something close. Ms. Hammer added that she would prefer to have lot sizes of one acre rather than 21,000 square feet, because at least there would be an acre to spread out for the digging of the well and placement of the septic tan1e She did not know if they could put a well and septic on a one-half acre lot. Mr. Kelly responded that the Health Department allowed it as the minimum requirement. Ms. Hammer said she was not seeing a benefit in this case of going to a PUD where they would definitely get 160 units as opposed to just keeping the AG-l where they would get 125 units or 120, 118 units. She wanted staff to convince her that the way she was looking at this was wrong. Mr. Kelly said he thought they got better stonn water management, landscaping, and open space. He didn't wish to become the advocate for the project, but in a general discussion they had the downside on the septic side to the level that the Health Department allowed, on the upside they had improvements in other areas. Jeff Brackett and Dave Fisher with Schulke, Bittle & Stoddard the engineers for the project represented the petitioner. Mr. Brackett confinned that they had met with staff earlier and they were aware of the North County Charrette. He wasn't aware that they were having a meeting tomorrow night. They tried to fashion the project in compliance with that in every step of the way with staff. The regulation from the Department of Health for minimum separation from a well and a septic was either 75 or 100 feet. They had met with County staff in order to provide the site with public water and sewer, but it was not feasible. There was no way to get it there. Mr. Lounds asked when the unit was built out, who would maintain the stonn water areas considering they'd have water in them. Mr. Brackett responded the homeowner's association would; South Florida Water Management District required that covenants be drafted and they're approved in accordance with their rules. Mr. Lounds asked if it was at all possible being as close as they were to the Urban Service Area and the development that's going to go into this whole area with sewer and potable water in the future, was there a way that when they developed the property that it could be adapted to potable water. He was more interested in providing potable water, public potable water to all the residents in the county rather than sewer. Mr. Brackett said that he understood and there was plenty of room in the right-of-way to put it in, so it was 100% possible to do that. P & Z Meeting February 17, 2005 Page 17 \w' ....." Mr. Lounds asked if it was not prudent for them to ask that that be a consideration for future use of potable water in developments that would be going in from this day on. He was not asking that this petitioner provide it, because it's not to them yet. But in their development, when they layout the lots and roads that their engineers do it with consideration that in the future there will be potable water into this development. He asked staff if that was that something they could ask for. Mr. Kelly responded that he thought they could ask that the dry-lines be placed in the ground. It's an additional expense at this moment, but it saved tearing the whole project up later to put the lines in. Mr. Lounds stated that he would ask that the dry-lines be placed in and not hooked to the houses, but for future potable water in areas, especially in the Charrette area that's going to be a new step for St. Lucie County that this group considered asking that that be a part of it for future use. Mr. Brackett agreed and stated that the applicant would not have a problem with that, only if they could get some sort of general timeline or guarantee that they would have potable water one day, not 20 years from now. Chair Grande stated that there was no valid assumption that there would ever be potable water in this area. With the Charrette plan being done, there was less chance there'd ever be potable water there than there was before the Charrette; because if the Charrette came out saying that this particular area would not be one of the higher or denser areas, he couldn't imagine the County would ever consider running a water line to the area. Mr. Lounds responded that if they put the dry-lines in they step across the county-line and get water from Indian River County. Somebody needed to open up some utilities and supply water to these people. Vice Chair Hearn said that along those lines he was not sure that he agreed with Mr. Lounds because of the development that's going to take place nearby Indrio Groves and he thought there would be lines very close and if he were the developer he would put in the dry-lines now, because it's either now or pay two or three times that amount later, one or the other. He asked who the owner of the property and developer was. Mr. Brackett responded that the owner was Mark Brackett. Chair Grande asked legal counsel since this was a PUD application, the PUD currently did not have dry-lines in the site plan that's attached to it, was there some mechanism for them passing a PUD with that kind of condition. Ms. Young said there was, and particularly if the developer was indicating a willingness to do it, then it could be modified even before it went to the Board. Chair Grande asked the petitioner if in order for them to get this PUD approval recommended at this point, they were willing to commit to putting the lines in. P & Z Meeting February 17, 2005 Page 18 ,-,. ""'" Mr. Brackett responded they were amenable to putting in the dry-lines. He would ask if they could somehow have a reasonable time line assurance from the County that public water would be available there, he didn't want them sitting there forever. Mr. Lounds stated that given the opportunity to make that motion, it would involve asking the County to require a date to the petitioner when they appear before them that they would provide a wet-line to the development, if they put the dry-lines in. He thought that was a compromise that the County needed to reach out and to tap. If they didn't realize the goodness of providing potable water, then there were some real problems. Mr. McCurdy asked what would be the price point for the lots, would it be a deed restricted subdivision, and would it be a gated community. Mr. Brackett responded that he didn't know the price, as he was just the engineers for the project, it would be deed restricted and also a gated community. Ms. Hammer stated that if the motion had the time certain forcing the County Commissioners to commit to a date for the water to go out there, then she would withdraw her support, because there were a lot of differences of opinion about the Urban Service Boundary and she didn't think it was fair to put that date on them. She felt that the cost was minimal to put in the pipe while the ground was already open, that it was worth it to the developer to be able to put this many houses in, to put that line in, and thought they should do it willingly. Chair Grande agreed with Ms. Hammer. Mr. McCurdy disagreed, he felt that the entire North County Charrette should address this item forthwith and not in the long term. Growth was here, it would continue. It was going to get faster. They need to know how we're going to service it. It would be unfair to expect the developer to put in the pipe, it would be cheaper to do it now than later, but it was not a minimal cost. If it was going to be a 10 or 15 year window, a lot of stuff could happen to those pipes. Mr. Kelly stated that the North County Charrette or the original strategy started with do not move the Urban Service Boundary. It would allow for the development, the villages and towns. Used the transfer of development rights and created policy by which urban services could be provided to those people who played by the yet to be written rules. That meant that the public utilities could bring utilities to the towns and villages in an efficient manner. There was no intent to bring utilities to the countryside that was to be saved. Given the location of this parcel up in the comer and for the very reasons that he spoke to earlier that said it looked like a location that probably didn't conflict with anything going on in the Charrette, that same location criteria that I spoke of may lead to the fact that it's in the countryside and it won't have water and sewer anytime in the near future, unless there was an agreement with Indian River County immediately to the north. He understood everybody's concern that if they required the dry-lines to go in, there ought to be some expectation that the water would really get there. He was not sure that they're going to have that knowledge for quite some time. P & Z Meeting February 17, 2005 Page 19 ~ ~ Mr. Lounds said that his statement regarding making a motion or wording a motion that would help this development and the County possibly come to tenns with putting water up there at some date, he didn't mean to imply that they would say well in 18 months you're going to have water. They were an advisory board to the County and he felt that if they sent a message to them that we feel like that it would be to the advantage of quality of life to have water at that development and the other developments along Johnston Road, he didn't have a problem with that, inside or outside the service area. There were developments going in west of Kings Highway that needed water and would be able to service water that was outside the Urban Service Area and the lines were there. He understood the reluctance to ask the County for a specific date, but he thought it was well within realm to suggest to the County a reasonable time to have water there, if these people were willing to put in dry-lines to obtain that. Chairman Grande opened the public portion of the hearing. Seeing no one else, Chairman Grande closed the public portion of the hearing. Chair Grande felt that this application was coming forward and they were being asked to make a recommendation to the County Commission, he would be very hesitant to vote in favor of a motion that had something attached to it that included a recommendation to the County Commission about moving the Urban Service Boundary or providing services outside the Urban Service Boundary. He would hate to, if this application was going to be approved on merit, see it not approved because they had tacked on something that was not realistic at this point. Mr. Hearn stated that after considering the testimony presented during the Public Hearing, including staff comments, and the Standards of Review as set forth in Section 11.06.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of the Johnson Road Development Group, LLC for a change in the zoning from the AG-1 (Agricultural, 1 du/acre) Zoning District to the PUD (Planned Unit Development - Rocking Horse Ranch) Zoning District because I think it's a very upscale project and will be a very good blend in that neighborhood. Chair Grande asked Mr. Hearn if he would consider as part of that motion a recommendation, but not a requirement that the water lines internal to the plan be put in at the time of construction. Vice-Chair Hearn responded that unless somebody convinced him differently, he would rather approve this on its own merit and then they could talk about that at the second motion. Motion seconded by Mr. McCurdy. Ms. Hammer said that after Mr. Kelly's comments that there was never any intention to run the lines up out there, she would withdraw her support for the dry-lines. If there was never ever an intention to have the water, then why make them put it in; and if that's the case, then she would go back to her original-premise that it's one-half acre lots and she guessed the Health Department allowed that, but she felt they had to look into the future and plan for the future and felt they'd be better off staying with the AG-l zoning and make the lots be an acre in size. She felt that would P & Z Meeting February 17, 2005 Page 20 "- ...., be safer with a well and septic tank for the future. Mr. Lounds stated that they had given the idea that they were going to have further discussion and recommendations before the County and asked him to vote on this, he felt very strongly about the feasibility of supplying potable water to any of these areas out there. Before he voted on this he wanted to hear what the rest of the discussion would possibly be. Chair Grande said that Mr. Heam suggested that they treated this application as standing on its own feet or not. He believed Mr. Hearn was going to ask that immediately following this item or more than likely the next item on the agenda which was the last one, they then discuss amongst themselves whether or not they would want to move a motion that would recommend something to the County Commission regarding potable water in this region. Mr. Knapp stated that even though this was outside the Urban Service Boundary it appeared to be still very close within the populated community and they're talking about another development not far from there. He'd be more apt to vote for the project if they're going to put the dry waterlines in so that it's there. It's just too close and being ways to 1-95 that he just didn't think that the County was going to or the city was not going to be able to service it with water anytime in the near future. Upon a roll call vote the motion passed (with a vote of 5-2) with Ms. Hammer and Mr. Knapp voting against and Mr. Akins and Mr. Trias absent. P & Z Meeting February 17, 2005 Page 21 '-' ¥ BOARD OF COUNTY COMMISSIONERS GROWTH MANAGEMENT March 7, 2005 In accordance with the St. Lucie County Land Development Code, you are hereby advised that Johnson Road Development Group, LLC has petitioned St. Lucie County for Preliminary Planned Unit Development Approval for the project to be known as Rocking Horse Ranch for the following described property: Location: Southwest corner of the intersection of Johnston Road and the Indian River County Line THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The second public hearing on the petition will be held at 6:00 P.M., or as soon thereafter as possible, on April 5, 2005, County Commissioner's Chambers, St Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing( s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call (772) 462-1582 if you have any questions, and refer to: File Number: PUD-04-027. Sincerely, ~UCIE ~OUNTY BOARD OF CO~TY COMMISSIONERS Fï~~~~/~ JOSEPH E, SMITH. District No.1. DOUG COWAJ>.D. District No, 2 . PAULA A, LEWIS. District No, J . FJ>.ANNIE HUTCHINSON. District No, 4 . CHJ>.IS CJ>.AFT. District No, 5 County Administrator - Douglas M, Anderson 2300Yirginia Avenue · Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 . Planning: (772) 462-2822 · GISrrechnical Services: (772) 462-1553 Economic Development: (772) 462-1550 · Fax: (772) 462-1581 Tourist Development: (772) 462-1529 · Fax: (772) 462-2132 www.co.st-Iucie.fl.us . -;/ "-' ST, LUCIE COUNTY BOARD OF ~OMMISSIONERS PUBLIC HEARlNG~ April 5, 2005 LOCItion: Western terminul of Environment Drive TO WHOM IT MAY CONCERN: NOTICE il hereby given in ICCOrdance with Section 11 ,00.03 of the St. Lucie County Land DIvtI' . Code Ind in ICCOrdance with the provisionl of the St Lucie County Comprehensive Plan, that the fg . ., lowing applicants hive requested that the St Lucie County Board of County Commiaionera COII8icIIr '.' ,'., their fOllowing requestl: ' ADONEL CONCRm for a Conditionll Use Permit 10 IIIow the mlnufacturing of concreteproduc:ts in IH ((nduatriel, Heavyl Zoning District for the following detcribed property: A PARCEL OF LAND KNOWN AS LOT 2B OF THE PROPOSED PLAT OF PACKERS OF INDIAN RIVER PLAT ONE (UNRECORDED AT THIS TIME) LYING IN THE NORTH HALf 11/2) OF SECTION 1. TOWN 36 SOUTH, RANGE 39 EAST. ST. LUCIE COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST SECTION CORNER OF SAID SECTION " THENCE SOO DEGREES 03'38"E ALONG THE EAST LINE OF SAID SECTION A DISTANCE Of G.OO FEET TO THE POINT OF IE GINNING AND BEING THE SOUTH RIGHT OF WAY OF THE N,S.LR.W.C.D, CANAL NO. 102 IA 80 WIDE RIGHT OF WAY) ALSO BEING THE SOUTHEAST CORNER OF TRACT 2 ACCORDING TO THE PIA OF THE PACKERS OF INDIAN RIVER PLAT ONE AS RECORDED IN PLAT BOOK 39 PAGE 11 OF TIE PUBLIC RECORDS OF ST. LUCIE COUNTY FLORIDA; THENCE CONTINUED SIlO DEGREES 03'3I-E ALONG SAID EAST LINE A DISTANCE OF 1.252.29 FEET TO A POINT AT THE NORTH RIGHT OF WAY LINE OF ENVIRONMENT DRIVE (A 70 FEET WIDE RIGHT OF WAY); THENCE S89 DEGREES 5I'22"W ';" ALONG SAID NORTH RIGHT OF WAY LINE EXTENDED A DISTANCE OF 10.61 FEET; THENCE NOD DE- GREES O3'38"W A DISTANCE OF 395.15 FEET; THENCE S90 DEGREES OO'OO"W A DISTANCE OF 521.1 FEET TO THE WEST LINE OF SAID TRACT 2 (FOLlOWING 1WO CALlS FOLLOWS THE WEST LIMITS OF TRACT 2); THENCE NOlI DEGREES OT52"W ALONG SAID WEST LINE A DISTANCE OF aD.38 THENCE ~ DEGREES 44'25"E A DISTANCE OF 31B.29 FEET; THENCE N89 DEGREES 52'5I"E A D& TANCE OF 308,01 FEET; THENCE NOO DEGREES 03'38"W A DISTANCE OF 150.00 FEET; THENCE 88 DEGREES 52'5I"W A DISTANCE OF 2~.55 FEET TO A POINT AT THE SOUTH RIGHT OF WAY LINE . "" FLORIDA EAST COAST RAILROAD (A 200 FEET WIDE RIGHT OF WAY); THENCE N44 DEGREES 44'25"E ., ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 70.54 FEET TO A POINT AT THE SOUTH, RIGHT OF WAY LINE OF N.S.LR.W.C.D. CANAL NO. 102 (A 90 FEET WIDE RIGHT OF WAY); THENCE N89 DEGREES 52'Y"E ALONG SAID SOUTH RIGHT Of WAY LINE OF CANAL NO. 102 A DISTANCE 243.85 FEET TO A POINT AT THE EAST LINE OF THE NORTH 1/2 OF SAID SECTION 1 ALSO BEING THE POINT OF BEGINNING. CONTAINING 9,22 ACRES, MORE OR LESS, FLORIDA RESOURCES, LLC for a Conditionel U.. Permit 10 allow the operation of e unet mine in AG-2.5(Agriculturll . 1 dul2.5 Icresl Zoning District for the following described property: , THE EAST 1/2 OF SW 1/4 OF SAID SECTION 29 AND THE NW 1/4 OF SAID SECTION 29 CONTAINING, ,., ¡ 240.97' ACRES, MORE OR LESS, ., LOCIIion: South lide of Indrio, Ipproximately 1/2 mile west of Interstlte 95 JOHNSON ROAD DEVELOPMENT GROUP, LLC for Preliminary Planned Unit Development Approval the project to be known.. Rocking Horse Rlnch for the following dnc:ribed property: THE NORTHEAST 1/4 OF SECTION FOUR TOWNSHIP THIRTY-FOUR SOUTH, RANGE THIRTY·NINE EAST, LESS THE EAST THIRTY FEET OF 1ME NORTHEAST 1/4 OF 1ME NORTHEAST 1/4 AND LESS THE WEST SIXTEEN FEET AND ALSO, LESS THE EAST SEVENTY FEET OF THE SOUTHEAST 1/4 OF THf NORTHEAST 1/4; SAID LAND SITUATE IN ST. LUCIE COUNTY, FLORIDA. AS RECORDED IN OFFICIAL RECORDS BOOK 1827. PAGE 2179, ST. LUCIE COUNTY, FLORIDA PUBU RECORDS. ".,~ . Location: Southwest comer of the intersection of Johnston Roed Ind the Indiln River County Line . .. ,I, ',' MO-JO ENTERTAINMENT for I Conditionll Use Permit to allow the operltion of I free-ltlnding bar in \,~; the CG (Commercill, Gener.1) Zoning Diatrict for the following dncribed property: MODEL LAND CO'S SID IN SEC 1536 40 BLK 4 THAT PART OF LOTS 7 AND 81N SE 114 MPOAF: NW COR OF SE 114 RUN S 89 5& 27 E 78 FT TO E R/W OF US '1,TH S 00 00 27 E ALG E ANI 15 FT TO LI OF LOT 7,TH CONT SELY ALG E ANI 212 FT TO POB,TH N 89 59 33 E 145.50 FT TO CURVE NW,R OF 10 FT,TH NELY ALG ARC 15.71 FT,TH N 00 00 27 W 15&.85 FT TO CURVE CONe SW.R OF FT,TH NWL Y ALG ARC 39.24 FT TO S RIW LI OF. KmERMAN RD.TH S 89 5& 27 E ALG S RIW LI 423. FT TO W ANI LI OF CANAL. TH S 00 03 03 W 1284.25 FT TO S LI OF LOT 8 ,TH N 89 5& G W ALG 5 262.35 FT,TH N 00 00 27 W 141.5& FT,TH N 64 56 37 W 73.07 FT.TH S 89 59 33 W 1..11 FT TO CONC SE,R OF 35 FT,TH SWLY ALG ARC 3é.99 FT TO E ANI OF US '1,TH N 00 17 27 E 6&.61 FT.TH S '\.I, 42 33 W 12 FT,TH N 00 17 27 W 841.69 FT TO POB·LESS FOL DESC PROP:FROM NW COR OF SE 1 RUN S 89 5& 27 E 78 FT TO E RIW OF US ".TH S 00 00 27 E ALG E ANI 257 FT,TH N 88 5133 E 30 TO POB,TH CONT N 89 59 33 E 125 FT.TH S 00 00 27 E 110 FT,TH S 89 59 33 W 125 FT,TH N 00 00 71 I 110 FT TO POB AND LESS FOL DESC PROP: FROM NW COR OF SE 1/4 RUN S 89 56 71 E 78 FT TO RIW OF US '1,TH S 00 00 27 E ALG E RIW 1319.15 FT TO S LI OF LOT 8.TH S 89 55 G E ALG S U .1. FT TO SE COR OF LOT 8,1M N 00 03 03 E ALG E LI OF LOT 8 178.67 FT,TH N 89 56 57 W 15.51 FT POB,TH N 01 11 43 E 225.40 FT.TH N 10 46 38 W 13.99 FT.TH S 22 1.45 W 114.10 FT,TH N 1& 2151 29.91 FT,TH S 25 31 01 W 89.17 FT,TH S 85 06 14 E 20.26 FT,TH S 24 27 54 W 116 FT,TH S 83 5& 30 E FT,TH N 841127 E 92.70FTTO POB(1UOAC)lOR 1545-1742) LOCItion: 8682B South US Hlghwey No, 1 (St Lucie Squ.re Shopping Center) MO-JO ENTERTAiNMENT for I Conditional Use Permit 10 allow the operation of I liquor IIOfI in the (Commercial, Glnerll) Zoning District for the following dncribed property: MODEL LAND CO'S SID IN SEC 15 36 40 BLK 4 THAT PART OF LOTS 7 AND 8 IN SE ,,.. MPDAF:- NW COR OF SE 114 RUN S 89 5& 27 E 78 FT TO E ANI OF US ".TH S 00 00 27 E ALG E RIN 15 FT TO LI OF LOT 7,TH CONT SELY ALG E ANI 212 FT TO POB.TH N 89 59 33 E 145.50FT TO CURVE NW,R Of 10 FT,TH NELY ALG ARC 15.71 FT,TH N 00 00 27 W 15&.85 FT TO CURVE CONe SW~ Of FT,TH NWLY ALG ARC 39.24 FT TO S RIW LI OF KITTERMAN RD.1M S 89 5& 27 E ALG S WW U FT TO W RIW LI OF CANAL. TH S 00 03 03 W 1264.25 FT TO S LI OF LOT I ,TH N 89 55 G W ALG S 282.35 FT,TH N 00 DO 27 W 141.56 FT,TH N 64 56 37 W 73.07 FT.TH S 89 59 33 W 168.8' FT TO CONe SE,R OF 35 FT,TH SWLY ALG ARC 36.99 FT TO E RIW OF US ",TH N 00 17 27 EilU1 FT,TltS 42 33 W 12 FT,TH N 00 17 71 W 841.89 FT TO POB-LESS FOl DESC PROP:FROM NW COR OF SE RUN S 89 5& 71 E 78 FT TO E RIW OF US ".1M S 00 00 27 E ALG E RIW 257 FT,TH N 88 58 33 E 30 TO POB,TH CONT N 89 59 33 E 125 FT,TH S 0000 27 E 110 FT,TH S 89 59 33 W 125 FT.TH N 00 00 71, 110 FT TO PCB AND LESS FOL DESC PROP: FROM NW COR OF SE 1'" RUN S 89 5& 27 E 78 FT TO ANI OF US '1.TH S 00 00 27 E ALG E RIW 1319.15 FT TO S LI OF LOT I.TH S 89 55 48 E ALG S U. FT TO SE COR OF LOT I,THN 00 03 03 E A1.G E U OF LOT 8 178.67 FT,TH N 89 56 57 W 15:51 FT PQB,TH N 01 1143 E 225.40 FT,TH N 10 46 38 W 13.911 FT,}'HJ' ~_14_~_~.J.1~:1~.!:1!1! ~1!..2!.51 · ..: GI III 'j¡ ... CL r-.~ CO<!~ Cj' GI ~CL 02 :J£1. £1.0 .J 00 .J E .J. 0 CL'" ~.... 0'0 ... 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D ¡,'.-...;V..J Growth Management ~M". - ,~ .LANEOUS n:reTAILS 'i "'\. ." ./ ····..f/ ~ ....., AGENDA REQUEST ITEM NO. 55 DATE: May 3,2005 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Joint Planning Agreement - City of Fort Pierce BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Joint Planning Agreement and authorize the Chairman to sign the Agreement. COMMISSION ACTION: CONCURRENCE: ~~derson County Administrator [)Q APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Intent to review every six months as a policy matter and cover letter to be sent by the Chairman. County Attorney: ~ 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.: 05-673 DATE: April 20,2005 SUBJECT: Joint Planning Agreement - City of Fort Pierce ************************************************************************** BACKGROUND: Attached is a copy of a letter dated March 2, 2005 from Fort Pierce City Attorney Robert V, Schwerer, Esq., indicating that City staff is comfortable with the second revised draft of the Joint Planning Agreement as attached to the March 2 letter. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Joint Planning Agreement and authorize the Chairman to sign the Agreement. ReuPe" fully submitte , / / { Daniel S. McInty, e County Attorn DSMI caf Attachment '-' ...., ~ 111 ~f ~RT PHR~I SUN/i ~ \ f / ~'-.. \I' "'" tf\ OFFICE OF THE CITY ATTORNEY CITY HALL, 100 NORTH U,S, 1 P. 0, BOX 1480 FORT PIERCE, FLORIDA 34954-1480 TEL (772) 460-2200 FAX (772) 466-5492 www.cityoffortpierce.com March 2, 2005 VIA REGULAR MAIL ío-ì Œ ®_~~.D ~t.(-, ¡'-'.-; I ~~ : III i' UU MAR -7 2Dœ ¡~ i COUNTY ATTORNEY ¡ Darnel S, McIntyre, Esq, St. Lucie County Attorney 2300 Virgirna Avenue Fort Pierce, FL 34982-5652 Re: Joint Planning Agreement - Second Revised Draft Dear Dan: We have reviewed the revised drafts of these agreements for discussion purposes, City staff is comfortable with the Second Revised Draft, A copy of that draft of the Joint Planning Agreement is attached, This is the draft staff will be recommending for approval by our Commission, You also sent us a Third Revised Draft, For your infonnation, there were a number of provisions in the Third Revised Draft which City staff could not agree to, especially at Sections 4,1.2 and 4.1.4, As you are aware, that draft incorporated the comments of the County's Strategic & Special Projects Director. The new added language suggested in that draft would place an undue burden on City staff and an obligation to provide the County Admirnstrator with infonnation that County staff itself should be able to determine from the exchange of infonnation that is already taken place at the site plan review committee meetings, The County representative that attends those meetings should also be the person to provide the County Admirnstrator with any report. Our staff is simply not in a position to undertake that extra work. The change to Section 5,3,1 that was in the Third Revised Draft that required the City to provide an updated map of the murncipal boundaries on an annual bases is seen as being somewhat unnecessary since these maps are available to the public once they are prepared, If 11..·· .~. such a map is prepared, the City staff would simply provide it to the County upon request. ~ " 'W ~, . oG\) f\' I:;, , Jv ~ 'X SJ ~;V "ft~ ~ '7\~\O~ '-' "wI1 Daniel S. McIntyre, Esq, March 2, 2005 Page 2 In summary, the attached Second Revised Draft of the JP A is acceptable as to form, and we will need the Exhibit" A" that is referenced in th e ent to be prepared for attachment. R VS/cf w/enclosures cc: Fort Pierce Mayor & Commissioners Dennis W, Beach, City Manager Ramon Trias, Director of Planning Hector Arias, Director of Engineer George Bergalis, Director of Finance C:\Documents and Settings\christineIMy DOClID1ents\all my f¡]esILETfERSlRob's Stuff\Mclntyre, Dan 3·2-05,doc '-" """'" JOINT PLANNING AGREEMENT BETWEEN ST. LUCIE COUNTY, FLORIDA AND THE CITY OF FORT PIERCE This Joint Planning Agreement (the" Agreement") made and entered into as of the day of ,2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter referred to as the "County"), the CITY OF FORT PIERCE, a Florida municipal corporation (hereinafter referred to as the "City). (The County and City are sometimes collectively referred to as the "Parties",) WIT N E SSE T H: WHEREAS, it is the purpose and intent of this Agreement, the Parties hereto, and the Florida Interlocal Cooperation Act of 1969, as amended and codified as Section 163.01, Florida Statutes (the "Cooperation Act"), and Section 163.3171Œ, Florida Statutes, to permit the City and the County to make the most efficient use of their respective powers, resources and capabilities by enabling them to cooperate on the basis of mutual advantage and thereby to provide the property, facilities and services provided for in this Agreement in the manner that will best accord with the existing and anticipated resources available to each of them and with geographic, economic, population and other factors influencing the needs and developments within an area ("Planning Area"), as designed on the attached map as Exhibit "A"; and, WHEREAS, it is the purpose of the Cooperation Act to provide for a means by which the Parties may exercise their respective powers, privileges and authorities which they might now or in the future share in common and which each might exercise separately; and, WHEREAS. the Parties recognize that proper intergovernmental coordination is essential for sound growth management; and, WHEREAS, a joint planning area agreement will provide a basis for the evaluation of future development applications as well as for the adequate and cost effective provision of public services within the Planning Area; and, WHEREAS, the County has adopted a Comprehensive Plan within an established Urban Services Boundary which is depicted on Exhibit "A"; and, G: \atty \agreemnt \i nter IDe \FP -JP A -1- ~ """" WHEREAS. the City has adopted a Comprehensive Plan which applies within the current boundaries of the City which are depicted in Exhibit "A"; and, WHEREAS, the Parties seek to coordinate and achieve compatible land uses adjacent to their common boundary; and, WHEREAS, the Parties seek to promote sustainable economic development and quality job creation through consistent and planned development patterns and agree to work cooperatively to preclude urban sprawl; and, WHEREAS, effective intergovernmental relations will improve the delivery of public services; and, WHEREAS. Section 163.3171Q}, Florida Statutes, authorizes municipalities and counties to enter into joint agreements for the purposes of coordinating the preparation and adoption of municipal and county comprehensive plans, procedures for the administration of land development regulations or land development codes applicable thereto and other purposes under the Local Government Comprehensive Planning and Land Development Act, Section 163,3161. et.seq., Florida Statutes, WHEREAS, the Local Government Comprehensive Planning and Land Development Act encourages joint agreements entered into pursuant thereto to be formally stated and approved in appropriate action by the governing bodies involved and the administration be governed by the Florida Interlocal Cooperation Act of 1969; and, WHEREAS, the City and the County have held public hearings with public notice thereof to consider the adoption of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants of this Agreement, the City and the County agree as follows: ARTICLE 1 AUTHORITY 1.1 Authority. This Agreement is entered into pursuant to the provisions of Section 163.01, Florida Statutes, Section 163.400, Florida Statutes; Part III, Chapter 163, Florida Statutes; Section 163,-ª.171Q}, Florida Statutes, and other applicable provisions of law, all as amended and supplemented from time to time, ARTICLE 2 G: \atty \agreemnt \i nter lac \FP· JP A -2- '-' ....., DEFINITIOMS 2.1 Definitions. The following definitions shall apply to this Agreement: Agreement: The inter local planning agreement, f!.!.Y.:. The City of Fort Pierce, Florida. Cooperation Act: The Florida Interlocal Cooperation Act of 1969 as amended and codified as Section 163.01, F.S. County: St, Lucie County, Florida. Development Permits: Development Permit includes any building permit, zoning permit, subdivision approval, rezoning, certification, certificates of occupancy, building inspections, special exception, variance or any other official action of local government having the effect of permitting the development of land. Parties: St, Lucie County, Florida, and the City of Fort Pierce, Florida. Planning Area: The area depicted in Exhibit "A". ARTICLE 3 PURPOSE, FINDINGS, INTENT 3.1 The purpose of this Agreement is to provide certain procedures for joint action by City and the County within the Planning Area in the preparation and adoption of changes to the comprehensive plan and on procedures for the administration of land development regulations or the land development code applicable thereto, 3.2 It is the intent of the parties to provide for the cooperation in managing growth within the Planning Area by providing for the coordination of comprehensive plan and land development regulations for the Planning Area, ARTICLE 4 COMPREHENSIVE PLAN, LAND DEVELOPMENT REGULATIONS AND CODE ENFORCEMENT 4.1 To provide for better integrated land use planning and land development within the Planning Area, the Parties agree as follows: G: \atty\agreemnt\i nterloc \FP-JP A -3- '- ...., 4.1,1. The City agrees to provide the County Administrator and County Attorney with 30 days prior written notice of all annexations into the City (first reading of annexation ordinance), This notice shall include copies of all annexation ordinances, staff reports and recommendations, and copies of all agreements, contracts or other similar instruments effecting any voluntary annexations. The County agrees to provide any written comments it may have on the proposed annexation to the City Manager and City Attorney at least three (3) days prior to the first reading of the annexation ordinance. Any comments submitted for consideration will be made a part of the record prior to final approval of the annexation. 4.1.2 In order to promote coordintion of land use and development activities within the community, the County shall have the right to designate a non-voting representative to attend the City's site plan review committee and the City shall have the right to designate a non-voting representative i'o attend the County's development review committee. Each party shall provide the other party written notice of committee meetinqs. 4.2 Notwithstanding anything provided in this Agreement, neither the City's nor the County's duties, obligations, or responsibilities under any section of this Agreement shall affect the Parties' right, duty, obligation, authority or power to act in its governmental or regulatory capacity in accordance with applicable laws, ordinances, codes or other building regulations nor in the exercise of any discretionary act or power within its respective jurisdiction. In no event shall the Parties, due to any provision of this Agreement, be obligated to take any action concerning regulatory approvals for development permits except through its established processes and in accordance with applicable provisions of law, Failure to comply in any respect with this Agreement by either Party, including the providing of notice, shall neither affect nor serve as a basis to invalidate any land use development approvals, ARTICLE 5 MISCELLANEOUS 5.1 Amendments. This Agreement may be amended by the mutual written agreement of the County and the City at any time from time to time, which amendments shall become effective upon filing thereof with the Clerk of the Circuit Court of St. Lucie County, Florida, pursuant to Section 163.01(11), Florida Statutes, 5.2 Assignment, None of the parties may assign or transfer any or all of its duties, rights, responsibilities, or obligations under this Agreement to any other party or G: \atty \agreemnt \i nter loc \ FP ·JP A -4- '-' .""", any person not a party to this Agreement without the express prior approval of the other party to this Agreement, 5,3 Severability. The provisions of this Agreement are severable, and it is the intention of the parties to confer the whole or any part of the powers herein provided for and if any of the provisions of this Agreement or any other powers granted by this Agreement shall be held unconstitutional, invalid or void by any court of competent jurisdiction, the decision of said court shall not affect or impair any of the remaining provisions of this Agreement. It is hereby declared to be the intent of the parties hereto that this Agreement would have been adopted, agreed to, and executed had such unconstitutional, invalid or void provision or power not been included therein. 5.4 Members of the City and County Not Liable. (1) All covenants, stipulations, obligations and agreements of the City and the County contained in this Agreement shall be deemed to be covenants, stipulations, obligations and agreements of the City and the County, respectively, to the full extent authorized by the Act and provided by the Constitution and laws of the State of Florida. (2) No covenant, stipulation, obligation or agreement controlled herein shall be deemed to be a covenant, stipulation, obligation or agreement of any present or future individual member of the governing body or agent or employee of the City or the County in its, his or their individual capacity, and neither the members of the Governing Body of the City or the County or any official executing this Agreement shall individually be liable personally or shall be subject to any accountability by reason of the execution by the City or the County of this Agreement or any act pertaining or contemplated hereby. 5.5 Term of the Agreement The initial term of this Agreement shall be five (5) years from the Effective Date unless sooner termino,ted by either Party, The term of the Agreement shall be automatically extended in five (5) year increments unless either party notifies the other party of its desire to terminate the Agreement which notice must be provided in writing at least ninety (90) days before the end of the then current term, Either Party may terminate this Agreement by providing thirty (30) days written notice to the other. 5,6 Beneficiaries, Nothing in this Agreement, expressed or implied, is intended or shall be construed to confer upon any person, firm or corporation other than the parties hereto, any right, remedy, or claim, legal or equitable, under or by reason of this Agreement or any provision hereof. It is the intent of the parties hereto that this G: \atty \agreemnt \i nter loe \FP .J? A -5- ~ ...., Agreement and all its provisions are intended to be and are for the sole and exclusive benefit of the parties hereto. 5,7 Notices. Any notice, demand, direction, request or other instrument authorized or required by this Agreement to be given or filed with the City or the County shall be deemed sufficiently given or filed for all purposes of this Agreement if and when sent by registered mail, return receipt requested, or by direct personal delivery: To the County: St, Lucie County Administrator (With a copy to St. Lucie County Attorney) 2300 Virginia Avenue Fort Pierce, Florida 34982 To the City: Fort Pierce City Manager (With a copy to City of Fort Pierce Attorney) Post Office Box 1480 Fort Pierce, Florida 34954 5,8 Execution of Agreement. This Agreement shall be executed by both Parties and approved as to form and execution by the its Attorney, and their seal affixed hereto. If any officer whose signature appears on this Agreement ceases to hold office before all officers shall have executed this Agreement or prior to the filing of this Agreement as provided in Section 6.11 hereof I his or her signature shall nevertheless be valid and sufficient for all purposes. This Agreement shall bear the signature of, or may be signed by, such individuals as at the actual time of the execution of this Agreement shall be the proper and duly empowered officer to sign this Agreement and this Agreement shall be deemed to have been duly and properly executed even though on the Effective Date any such individual may not hold office. ' 5.9 Filing with Circuit Court Clerk, The County is hereby authorized and directed after approval of this Agreement by the Governing Body of the County and the City and the execution thereof by the duly qualified and authorized officers of each of the parties hereto as provided, to file this Agreement with the Clerk of the Circuit Court of St, Lucie County, Florida, as provided in Section 163,01(11), Florida Statutes, IN WITNESS WHEREOF. the parties hereto, by and through the undersigned, have entered into this Interlocal Agreement as of the day and year first above written. G: \atty\agreemnt\interloc \FP-JP A -6- ATTEST: '-' Deputy Clerk ATTEST: City Clerk BY: G: \atty \agreemnt \i nter loe \FP -JP A 'WJ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney CITY OF FORT PIERCE, FLORIDA Mayor APPROVED AS TO FORM AND CORRECTNESS: BY: City Attorney -7- c:: co o ..J E ( ) l- e th ( ) B ~e c:: c:: ( ) co ;::¡ > 0 > oeo~ uc.N.... ,! .5 ~ 0 g .... '¡: è" ...I;~co .... e e fJ) 1/1 e 1/1 ;::¡ ~ fJ) ~ co 'ü 8- fJ) ¡¡; ~ .... co o ¡., I-C t::s! ;::¡ co o c. ~~ s ( ) co ;::¡ CC .... 1/1 ( ) t!!- s&! .E ...."C c:: B ;::¡ c:: o e ~ <~ s co C c:: o :;::¡ :~ 0 ;::¡z t:r ( ) a::: c:: o õ:;::¡ ( ) c. '['5 CL 1/1 ( ) C ( ) (.) c:: . ~:i ~ ~2!3¡£3~re~2iS~~ , (I) ü ¡;: ~ :rg ë5 c: ~ .... ;:¡ ü "¢OO"¢ (£)OO(£) , . 0 . 0)0 .0) "'00'" COOCOCO . ""¢ " ~t:;~b; 0)0 '" ~" " '" "¢ ~ ~ '0 « ,^ ,- o~' 8.cn~ ~=u.. '- ¡;: ¡;: ~ ,- æ OJ:t: .o¡;:'O ,- (I) (1)'0.... >¡;:ü cucu_ .c(;)O ro'S~ .c: 0,_ - ...J '6 E æ £ ü <JJ 15 ~ (ljS~ ¡;:¡;:'O .- ;:¡ ...J0à5 EE- ° cu cu J::: (1)'8- <JJgs." 3: .c: ¡;: ro_cu U23$ <JJ ¡;: ¡;: ;:¡ ( ) ( ) o <JJ <JJ ,- ( ) (I) > 1.- '- (1)0.0. .... CD (I) 0......... '\.,/ '-' ...., AGENDA REQUEST ITEM NO. /.p DATE: May 3, 2005 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUN1Y COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Ro bert O. Freeman, Esq. Bond Counsel SUBJECT: Resolution No. 05-188 - Modification Agreement - Special Improvement Term Note, Series 2001 (MSBU Loan-Bank of America Facility) BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve Resolution No. 05-188 drafted. County Attorney: Approved 5-0 With amendment to reflect the Bond Councils request which is Resolution to resend earlier action to reduce to 5 million. /¿f Cd Douglas Anderson County Administrator COMMISSION ACTION: [)C APPROVED [ ] DENIED [ ] OTHER: Review and Approvals Management & Budget Purchasing: Originating Dept, Public Works Dir: County Eng,: Finance: (Check for Copy only, if applicable) Eff,5/96 '-' ~ ;- Bryant Ml11er -&- Olive PA, BRYANT MILLER & OLIVE P.A MEMORANDUM To: Chairman and Members of the Board of County Commissioners ofS1. Lucie County, Florida Copy: Daniel S. McIntyre, Esquire Marie Gouin Chris Hartley Becky Padrick Warren N. "Nate" Eckloff, Jr., RBC Dain Rauscher Inc, From: Robert Freeman Date: April 28, 2005 Re: Resolution Approving Second Modification Agreement to Loan Agreement for MSBU Line of Credit with Bank of America. The attached Resolution No, 05-188 approves the form of Second Modification Agreement to the Loan Agreement between the County and Bank of America, dated September 24, 2001, which Loan Agreement provides for a line of credit in the amount of $5,000,000, used to finance on an interim basis the projects undertaken for the County's MSBU's. In September 2002 the Loan Agreement was modified to reduce the amount to $3,500,000, but due to additional projects undertaken by the County, it is desirable to restore the line of credit to the original $5,000,000. {5000/99/00015619,DOCvl} 'w "" - RESOLUTION NO. 05-188 A RESOLUTION APPROVING THE EXECUTION AND DELIVERY OF A MODIFICATION AGREEMENT WITH RESPECT TO THE COUNTY'S SPECIAL ASSESSMENT IMPROVEMENT TERM NOTE, SERIES 2001 (MSBU LOAN - BANK OF AMERICA FACILITY), AND RELATED TERM LOAN AGREEMENT; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Authority for this Resolution. This resolution is adopted pursuant to the provisions of Chapter 125, Part I, Florida Statutes, as amended, Ordinance No. 87-77 of the Board, as amended, and other applicable provisions oflaw (the "Act"). Section 2. Findings. It is hereby found, declared, and determined by the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County"), as follows: A. The County and the Bank have previously entered into that certain Term Loan Agreement, dated September 24, 2001 ("Original Loan Agreement"), as amended by a Modification Agreement, dated as of September 24, 2002 (the "Modification Agreement" and, together with the Original Loan Agreement, the "Loan Agreement"); and B. The amount available under the Original Loan Agreement was $5,000,000, and was, at the request of the County, reduced to $3,500,000 pursuant to the Modification Agreement; and C. The County has undertaken additional projects financed on a temporary basis with amounts drawn pursuant to the Loan Agreement, and it is necessary and desirable and in the best interests of the County that the aggregate principal amount of the Loan be restored to the original amount of not exceeding $5,000,000, Section 3. Approval of Second Modification Agreement. The provisions of the Second Modification Agreement, in substantially the form attached hereto as Exhibit A, are hereby approved, and the proper officers of the County are hereby authorized and directed to execute the Second Modification Agreement on behalf of the County and to deliver an executed original thereof to the Bank. Section 4. Remaining Provisions Unaffected. The remaining provisions of the Loan Agreement and the Note shall remain in full force and effect. (5000/99/000 15585,DOCvl} '-" "-' - Section 5. Severability. If anyone or more of the covenants, agreements, or provisions of this resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions hereof, and in no way affect the validity of all other provisions of the Loan Agreement or this resolution. Section 6. Effective Date. This resolution shall take effect immediately upon its adoption, Passed and Adopted this 3rd day of May 2005, at a regular meeting duly called and held. ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chair, Board of County Commissioners ATTEST: By: Clerk of the Circuit Court, Ex-officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney {5000/99/00015585,DOCvl }2 ~ ...., SECOND MODIFICATION AGREEMENT THIS SECOND MODIFICATION AGREEMENT is made and entered into by and between St. Lucie County, Florida, a political subdivision of the State of Florida ("County") and Bank of America, N.A., a national banking association ("Bank") as of this _ day of May 2005, Whereas, the County and the Bank have previously entered into that certain Term Loan Agreement, dated September 24, 2001 ("Original Loan Agreem~nt"), as amended by a Modification Agreement, dated as of September 24, 2002 (the "Modification Agreement" and, together with the Original Loan Agreement, the "Loan Agreement"); and Whereas, the amount available under the Original Loan Agreement was $5,000,000, and was, at the request of the County, reduced to $3,500,000 pursuant to the Modification Agreement; and Whereas, the County has undertaken additional projects financed on a temporary basis with amounts drawn pursuant to the Loan Agreement, and it is necessary and desirable and in the best interests of the County that the aggregate principal amount of the Loan be restored to the original amount of not exceeding $5,000,000; NOW, THEREFORE, for and in consideration of the Bank's agreement to increase the amount available under the Loan Agreement and the County's agreement to repay such additional amounts pursuant to the Loan Agreement, the County And the Bank agree as follows: Section 1. Amendment to Loan Agreement. The definition of "Principal Amount" in Section 1 of the Loan Agreement is hereby amended to read as follows: "Principal Amount" means the aggregate amount of all Advances made hereunder and outstanding at anyone time, which shall at no time exceed the principal amount of Five Million Dollars ($5,000,000)". Section 2. Amendment to MSBU Note and Loan Agreement. The MSBU Note, dated September 24, 2001, numbered R-l, and the remaining provisions of the Loan Agreement shall be deemed to be amended to the extent necessary to accord with the amendment set forth in Section 1 above. Section 3. Remaining Provisions Unaffected. The remaining provisions of the Loan Agreement shall be deemed to be unchanged and shall remain in full force and effect. '-" '....." IN WITNESS WHEREOF, the Bank and the County have executed this Second Modification Agreement as of the date and year first above written. (SEAL) ST. LUCIE COUNTY, FLORIDA By: Chair, Board of County Commissioners ATTEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney 2 {5000/99/000] 5583,DOCv 1 } 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. SUBJECT. BACKGROUND FUNDS AVAILABLE: PREVIOUS 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 BoardlT reasure Coast COMMISSION ACTION: [ ] APPROVED [ ] DENIED [X] OTHER: Reports given. AGENDA REOUEST ...., ITEM NO. 1 DATE. Map I, :1001 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] CO....ISSIONER 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 Dougl s M. Anderson County Administrator R..I.... anll AIt.....I. County Attorney: _ Management & Budget: - Originating Dept: Other: Finance: (ChecR for Copy only. if applicable) Purchasing: _ Other: Effective: 5/96 04/i-9/05., FZABWARR FUND 001 001160 001165 001168 001293 001294 .~ 001295 001814 1'0.1 101Q02 101003 101006 101105 101106 102 102001 105 107 107001 107002 107005 107138 140 140001 127 324 140326 140329 140334 140337 140800 160 183 183004 183006 185005 310003 315 316 316201 382 396 401 418 421 441 448 449 '-' ST. LUCIE COUNTY - BOARD ...., WARRANT LIST #31- 23-APR-2005 TO 29-APR-2005 FUND SUMMARY TITLE General Fund Section 112/MPO/P1anning FY 04/05 CSBG Grant FY05 Urban Mobile Irrigation Lab 04/05 TDC Planning Grant FY 05 FDCA/EMPA 2005 FDCA/Haz Mat FY'05 Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/Impact Fees FDOT-Hurricane Jeanne-Damage Cty Rd USDA (NRCS) Emergency Watershed Prt Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund-Legal Aid USDOJ Local Law Enforcement Block G Port & Airport Fund Port Fund FAA BCA 9L/27R/Rehab. 14/32 FDOT/Design Runway Rehab-AL642 FDOT Rehabilitate Airfield Lighting FDOT-Taylor Creek Restoration/Acqui Const. Apron & Environmental Mitiga Install Perimeter Fencing #412400 IRL Taylor Creek Restoration SFWMD Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP FY04/05 Impact Fees-Public Buildings County Building Fund County Capital FDEP/FRDAP Savanna Rec Phase II Environmental Land Capital Fund Lennard Road 1 - Roadway Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHI Util - Capital Facilities Fund EXPENSES 1,680,158.95 1,175.08 169.09 193.92 110.98 1,375.10 133.00 193.92 60,392.36 3,028,198.93 16,076.93 95,097.06 46,782.00 5.05 31,309.43 60,660.09 125.22 2,871,444.53 135.20 4,720.14 7,778.80 2,906.67 3,278.87 92.36 4,410.00 490.00 120,422.76 75,627.68 2,900.00 3,000.00 25,209.22 7,522.50 395.12 450.68 491. 91 387.30 127,677.79 2,397,677.01 5,667.60 41,760.00 7,700.00 120,750.00 103,639.25 10,762.44 58.99 12,473.52 25.14 39,564.17 PAGE PAYROLL 84.90 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 04/,,29/05, FZABWARR FUND 45'1 458 461 ..471 .478 479 481 491 505 505001 611 630 650 665 '-' ST. LUCIE COUNTY - BOARD ...." PAGE WARRANT LIST #31- 23-APR-2005 TO 29-APR-2005 FUND SUMMARY TITLE S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Airport Utilities District Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Tax Deed Overbid Agency Fund Agency Fund SLC Art in Public Places Trust Fund GRAND TOTAL: EXPENSES 9,414.61 2,938.36 31,427.66 1,998.70 23.48 27,304.85 63.36 15,147.53 658,953.19 172,984.06 14,181. 83 257,974.69 4,594.69 600.00 12,219,183.77 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5,487.30 0.00 0.00 0.00 0.00 0.00 5,572.20 2 ~. '" ..." AGENDA REQUEST ITEM NO.C2A DA TE: May 3, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 05-183 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-184 Extending the State of Emergency for Hurricane Jeanne BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve Resolution No. 05-183 and Resolution No. 05-184 and authorize the Chairman to sign the Resolutions. [~APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: ~erson - County Administrator COMMISSION ACTION: County Attorney: )v 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.: 05-712 DATE: April 26,2005 SUBJECT: Resolution No. 05-183 Extending the State of Emergency for Hurricane Frances; Resolution No. 05-184 Extending the State of Emergency for Hurricane Jeanne ************************************************************************** BACKGROUND: Attached are the following documents: 1. Draft Resolution No, 05-183 extending the state of emergency for Hurricane Frances until May 14, 2005 at 4:00 p.m. 2. Draft Resolution No. 05-184 extending the state of emergency for Hurricane Jeanne until May 15, 2005 at 7:00 a.m. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve Resolution No, 05-183 and Resolution No. 05-184 as drafted, Daniel S. McIntyr County Attorney DSM/ caf Attachments '-" ...., RESOLUTION NO. 05-183 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 May 14, 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 May 7, 2005 at 4:00 p.m. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Joseph E. Smith Commissioner Chris Craft xxx xxx xxx xxx xxx '-' ...., PASSED AND DULY ADOPTED this 3rd day of May, 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. 05-184 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 May 15, 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 May 8, 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 \w ....." f PAsSED AND DULY ADOPTED this 3rd day of May, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ~ .... ....., AGENDA REOUEST ITEM NO. C2B DATE: May 3,2005 REGULAR [ ] PUBLIC HEARlNG Leg. [ ] Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Revocable License Agreement Fort Pierce Utilities Boston Avenue and 2nd Street BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct Fort Pierce Utilities to record the document in the Public Records of S1. Lucie County, Florida. COMMISSION ACTION: NCE: [~ APPROVED [ ] OTHER Approved 5-0 [ ] DENIED Do g as M. Anderson County Administrator [x] County Attorney: ~ Review and Approvals [x] Road and Bridge: œJf' '7 [x] Engineering: MVP [x] Public Works~ [ ]Purchasing: [ ]Originating Dept:_ ...." PROPERTY ACQŒSITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Daniel McIntyre, County Attorney DATE: May 3, 2005 SUBJECT: Revocable License Agreement Fort Pierce Utilities Authority of the City of Ft. Pierce Boston Avenue and 2nd Street BACKGROUND: Fort Pierce Utilities Authority was required to remove the overhead facilities, due to the road reconstruction project on South Second Street, and install a new underground distribution line. The license agreement is for a 10 feet x 20 feet corner on Parcel 7 on County property located on Boston Avenue and 2nd Street. This location is used for the Judges parking area. Fort Pierce Utilities has been in contact with Roger Shinn, Central Services Director, on the location of the distribution box and the location will not affect County's plan for the parcel. RECOMMENDATION: Staff recommends the Board approve the Revocable License Agreement with Fort Pierce Utilities Authority, authorize the Chairman to execute the Agreement and direct Fort Pierce Utilities Authority to record the Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, ¡ ~ ~ ~>,j ~~ ~IU"~\~~ _ _ R 3 ~ ~ ~ . i lU_ti ~ - ~., ~t - ,..... ... - ~Øt 1'1 ... ~ I t I I --, I t J I 1 ~ ; ig :g ... , 90.2' ..,~. t40lN't 2~'2.·!:I ~4J c~ (.)0 ~~ g=:::, ~8 'l~O.06 -' (;:t I I , ~ ..... ('4 9,·1 ,'I9.7~ I , r- O\t~ ~ I ~ - - ~ . .... v:i- ~ 1O'i.& I I . ~ I ~ I ., ~ C't .S2 ~ t\I ~ .... "" ~ 11..~ . '"I~ JI~" ¢ ~I~ ~ ~~tt I 10 I fo" ~ I il: ..~ I I · 15 It:; I~ I 10; I ~I i\} ij ~ "'" +I 10 0\ N s ~ ;z e&.ì\ ~ ~ ~NE.R \ I I I 't i!:! \~ 1'" I I 1 , I ~ '......I--J -- ~ -r I I !Q I .. I~ \!9 I I I I I I ~ £.~1 ~ ~ ~ ~ ,..., --.. - '-" '-'" This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this _ day of , 2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and Fort Pierce Utilities Authority of the City of Fort Pierce whose address for the purpose of this agreement is 206 South Sixth Street Ft. Pierce, FL 34951 (FPUA) WHEREAS, the County is the owner of the property described as: Lots 6 & 7, Block 1 of W.T. Jones' Subdivision, of that part of Lot 2 of Tyler's Subdivision of Government Lot 4, in Section 10, Township 35 South, Range 40 East, which lies East of the Florida East Coast Railway, as shown on Plat of said, W.T. Jones' Subdivision, recorded in Plat Book 2, Page 5, of the Public Records of St. Lucie County, Florida. WHEREAS, the County is willing to permit FPUA to use a 10 feet x 20 feet wide portion of the above described property, to install two (2) Padmounted Transformers, subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County hereby grants FPUA a Revocable License Agreement for the purpose of installing two (2) Padmounted Transformers within a 1 Ofeet x 20feet portion oftheir property, as described above and in the construction plans attached as Exhibit" A". This Revocable License Agreement shall extend only to the above-referenced two (2) Padmounted Transformers, within the 10feet x 20feet, and shall not extend to the construction and/or installation of any additional structures or utilities. 2, The sole purpose of this Agreement is to allow FPUA a means of installing two (2) Padmounted Transformers within the 10 feet x 20 feet area ofthe above described property. '-' ...., 3. Pursuant to the terms and conditions contained in this Revocable License Agreement, the County authorizes FPUA to install the two (2) Padmounted Transformers within the 10 feet x 20 feet area of the above described property, Any maintenance requirements to the 10 feet x 20 feet resulting from FPUA's work shall be performed by the FPUA at the sole expense of the FPUA. 4, FPUA is required to complete the construction of the improvements in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida, and FDOT Standards, FPUA shall provide the County Engineer with a Maintenance of Traffic Plan for approval prior to construction and provide a schedule for construction. S, This Agreement shall be binding on future successors and assignees of FPUA and the County. 6, The County shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal ofthe improvements at FPUA's sole expense upon ninety (90) days written notice to the FPUA. If FPUA requests to alter or relocate the improvements in lieu of termination, the County Engineer may, in lieu oftermination, request thatFPUAperformcertain alteration to or relocate the improvements at FPUA's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer, the County shall be entitled to exercise its right to terminate this Agreement upon ninety (90) days prior written notice to FPUA. 7. Upon the abandonment 0 f the installation 0 f t he improvements, the expiration 0 f this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, FPUA shall be responsible for the removal or plugging of the abandoned improvements as directed by the County Engineer, consistent with the specifications ofthe County in force at such time. 8, The term ofthis Revocable License Agreement shall begin on the date first above written and shall remain in affect unless otherwise revoked or abandoned as provided herein. 9, FPUA agrees to relocate the improvements, at any time and at no cost to the County, if necessary for the maintenance or improvements of the County's property the County, 1o, The improvements shall be constructed in accordance with all applicable building codes and '-" ......, permitting regulations of the County and shall be maintained solely at the expense of FPUA. Any maintenance activity will be subject to the written approval of the County Engineer. 11. FPUA agrees to allow County employees access to the location of the two (2) Padmounted Transformers so that County can maintain County property for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, lrd Floor Fort Pierce, FL 34982 As to FPUA: Fort Pierce Utilities Authority 1701 S, 37 Street Ft. Pierce, Florida 34947 With Copies to: County Attorney Administration Building Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered ifby personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13, To the extent permitted by law, FPUA shall indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature a rising or in any way connected with the negligent use, occupation, management, or control of the above property by FPUA or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss oflife or property of any kind or nature whatsoever, sustained during FPUA's use of the property. 14. The County shall promptly record this license in the official records of St. Lucie County, Florida. The FPUA shall pay any costs of recording this Revocable License Agreement. '-' ....., IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: FT. PIERCE UTll..ITIES AUTHORITY BY: It's STATE OF FLORIDA COUNTY OF The forgoing instrument was acknowledged before me this day of 2005, by it's who produced (type of identification) and who did take an oath. WITNESS my hand and official seal, this day of , A.D., 2005. My Commission Expires: Signature of Notary Public Name of Notary Public Typed, Printed or Stamped B~STON AVENU~ FROM INDIAN UTILITY RIVER DR. TO SOUTH 2ND ST. EASEMENT ACQUISITION tf) o è ~ -------------------. ..-;¡ ';1)'-> 1'""1"" ....0 ,.µ ~'-:' f'"' _ to ~ ..z.. '" o (j) ~ ';Ü ~ ~ EXHIBIT "A" SCALE: I" E 20' PROPERTY lINE 109.9' +/-' --------------.....---.---------- \ \ \ BUILDING .-0 '';1).-> ,°0 \~'-:' O ~: \S~ ~- --- -- ~- -- ~~- - -..- CHIllER PARCEL 7 2410-803-0006-000/2 80' 100' R/W L NE BOSTON A VENUE LEGAL: STARTING AT THE SOUTHEAST CORNER OF LOT 7, BLOCK 1 OF THE W.T. JONES SID. PROCEED NORTH ALONG THE PROPERTY LINE 10', THENCE WEST P ARELLEL WITH THE SOUTH R/W LINE A DISTANCE OF 20', THENCE SOUTH PARELLEL TO THE EAST PROPERTY LINE A DISTANCE OF 10' TO THE SOUTH R/W LINE, THENCE EAST A DISTANCE OF 20' ALONG R/W LINE TO POINT OF BEGINING. OWNERS: ST. lUCIE COUNTY 2300 VIRGIN]A AVENUE FT. PIERCE FL.34982 DEPARTMENT OF ENGINEERING FILE: :/DGN/BOSTON AVENUE/97-1061-0001 STREET ADDRESS T.B.D. LEGEND ___ _ _ _____ RIGHT OF WAY LINE -~----'-"-'--- PROPERTY LINE ---..' .,-- n'_ ' LOT L-I NE LOT NUMBER DATE: NOV. 17. 1997 .~ 'wi AGENDA REQUEST ITEM NO. C2C DATE: May 3,2005 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Revocable License Agreement Department of Transportation, Turnpike Enterprise Landfill Road BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chainnan to sign the Revocable License Agreement and direct staff to record the document in the Public Records of S1. Lucie County, Florida. COMMISSION ACTION: kJ APPROVED [ ] OTHER [ ] DENIED Approved 5-0 DOli as M. Anderson County Administrator [xJ County Attorney, ß [)Originating Dept:_ Review and Approvals [~) Road and Bridge: r¡4----. [x) Engineering:~ [x] Pub!;, WOd'''~ [ )Purchasing: ...., PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Daniel McIntyre, County Attorney DATE: May 3, 2005 SUBJECT: Revocable License Agreement Department of Transportation, Turnpike Enterprise Landfill Road BACKGROUND: Florida Department of Transportation Turnpike Enterprise requested to work in the County right-of-way of Landfill Road with a right-of-way permit. It was determined that a Revocable License Agreement was needed before the Right-of Way permit for the work could be issued. FDOT is installing a GND wire via directional boring to the FP&L power source. A copy of the signed Revocable License Agreement is attached for your review RECOMMENDATION: Staff recommends the Board approve the Revocable License Agreement with Florida Department of Transportation Turnpike Enterprise, authorize the Chairman to execute the Agreement and direct staff to record the Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, J Daniel McIntyre County Attorn / .-/ '-' "wi APPENDIX pol RIGHT-Of-WAY PERMIT fORM REVISED STANDARD COUNTY SPECIFICATIONS " , / Œ©Œ~W ST. LUCIE COUNTY ENGINEERING DIVISION 2300 VIRGINIA A VENUE 2ND FLOOR FT. PIERCE fL 34982 t.\6R - 8 æi The fot1owing information shall be provided by the applicant (type or print): Name of Applicant F.D.O.T. Turnpike Ent. Phone No, (954) 975-4855 Mai1ingAddress P.O. Box 9828. Ft. Lauderdale. FL 33310 Name of AppJicant re:sponsible for Utility after instat1ation Same as above Ultimate owner does not take possession until acceptance of work. Phone No, Name of Contractor FR-Aleman & Associates Phone No, (305) 591-8777 Contractor's License Number 00004658 Contractor's Field Contact Name R ri l~h r.ri hri 1-1 prn Contractor is responsible for all conditions of this permit until ultimate owner takes possession 0 utility. Permitee representative responsible for notifying St. Lucie County 24 hours prior to work same Phone No, same As the Applicant, we request permission to construct, operate and maintain the installation of GND wites via directional borinq to access an established FP&L power sources ( drainage) (util ity) installation (s) (hereinafter to as "I nstallation") on road drainage, or combination drainage/utility, rights-of-way or easements deeded to or maintained by St. Lucie County, or dedicated to the public in the unincorporated areas of St. Lucie County, (hereinafter referred to as "County rights-of-way" known as Landf ill Rd. The proposed instaUation is shown on the attached sketch(s) on 8 Y2" x 14" or smaller paper, which reflects its located and character and details the aspects of same that will disturb County maintained improvements (hereinafter referred to as "Improvements"). We shall commence actual construclion of the permitted installation within 18 0 days of pennit issuance and complete same within~days thereof, Special conditions involved with this installation are as follows: ALL RIGHT-Of-WAY WILL BE SODDED UNLESS NOTED OTHERWISE Our proceedings with installation of work covered by this pennit indicted our agreement to comply with the "Conditions of Right-of-Way Permit" and other provisions stipulated herein by the County. il(~ C Df) ':2-- ~ IS( THE FOLLOWING TO BE COMPLETED BY THE COUNT Improvements are planned or in process on aforestated rights-of-way 'Proposed installation is in accordance with Revised Standard County Specifications . yes . no . yes . no Reviewed by Road & Bridge Manager Date The aforestated installation construction is hereby permitted under the following provisions: Œ @ Œ ~ W Il, r~'TI ---J ~ I ENG'!··~·!"""'\' U ' .., ¡ rJi:: I:}-<, ) r.J G .-"'-..' --~---- BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA by County Engineer - Enforcing Official By See reverse side for "Conditions of Right-of- Way Permit." Date: Permit No. 05' -03!i Page I of 3 Revised 4/4/03 -. ': /. '.. -v\ /'.-t ;:-' \ \ r" ) ''-' ...." This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this _ day of , 2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and DEPARTMENT OF TRANSPORTATION, TURNPIKE ENTERPRISE whose address for the purpose of this agreement is P .0, Box 9828, FT. Lauderdale, , Florida, ("FDOT"), WHEREAS, the County is willing to permit FDOT to use Land Fill Road right-of-way, to install GND wires via directional boring under Land Fill Road to the Florida Power and Light power source, subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County hereby grants FDOT a Revocable License Agreement for the purpose of installing GND wires under Land Fill Road right-of-way, via directional boring, to a Florida Power and Light power source as depicted in the construction plans attached as Exhibit "A". This Revocable License Agreement shall extend only to the above-referenced GND wires and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this Agreement is to allow FDOT a means of installing GND wires under Land Fill Road, via directional boring, to a Florida Power and Light power source. 3. Pursuant to the terms and conditions contained in this Revocable License Agreement, the County authorizes FDOT to bore under Land Fill Road to a Florida Power and Light's power source. Any maintenance requirements within Land Fill Road right-of-way resulting from FDOT's work shall be performed by the FDOT at the sole expense of the FDOT. '-' "'wfI 4. FDOT is required to complete the construction of the improvements in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida, and FDOT Standards, FDOT shall provide the County Engineer with a Maintenance of Traffic Plan for approval prior to construction and provide a schedule for construction. S. This Agreement shall be binding on future successors and assignees of FDOT and the County, 6. The County shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal of the improvements atFDOT's sole expense upon ninety (90) days written notice to the FDOT. IfFDOT requests to alter or relocate the improvements in lieu of termination, the County Engineer may, in lieu of termination, request that FDOTperform certain alteration to or relocate the improvements at FDOT's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer, the County shall be entitled to exercise its right to terminate this Agreement upon ninety (90) days prior written notice to FDOT. 7, Upon t he abandonment 0 f t he installation 0 f t he improvements, t he expiration 0 f this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, FDOT shall be responsible for the removal or plugging of the abandoned improvements as directed by the County Engineer, consistent with the specifications of the County in force at such time. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in affect unless otherwise revoked or abandoned as provided herein. 9, FDOT agrees to relocate the improvements, at any time and at no cost to the County, if necessary for the maintenance or improvements of Land Fill Road by the County. 10. The improvements shall be constructed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of FDOT. Any maintenance activity will be subject to the written approval of the County Engineer. 11. FDOT agrees to allow County employees access to the location of the GND wires so that County can maintain Land Fill Road right-of way for County purposes as determined by the County Engineer '-' ....., , and Road and Bridge Manager. 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2rd Floor Fort Pierce, FL 34982 As to FDOT: Florida Department of Transportation Turnpike Operations P.O.Box 9828 Ft. Lauderdale, FL 33310 With Copies to: County Attorney Administration Building Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section, Each such notice shall be deemed delivered (a) on the date delivered ifby personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13, To the extent permitted by law, FDOT shall indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the negligent use, occupation, management, or control of the above property by FDOT or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during FDOT's use of the property. 14, The County shall promptly record this license in the official records of St. Lucie County, Florida. The FDOT shall pay any costs of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written, '-" ....., ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: íJ{)tI~ U~..u W IJ ð¡J"'J /" ,.At ðl'71 /9.J J~~ ~ ú\. J1 Wa.. W ,.¡ J e DEPARTMENT OF TRANSPORTATION TURNPIKE ENTIfRPro/SE BY: ~j?!I:L It's ~l¡ GXtXVt-iVe.... 1X12. ~ Coo L"j..\. ~t""·,l·. Õ 'þ.. 1~ STATE OF FLORIDA COUNTY OF 0 C2.A rI ht,... The forgoing instrument was aclmowledged before me this \ \ ""'- day of Ç\.p ~ I l- 2005, by C ~, ~"f e:!;>~ 1:2. ~~(2..So.N' it's 'ö~ ." V. !) \ ~ t..c~ who produced P£.~SON "'1--t.. - ~" (type of identification) and who did take an oath. WITNESS my hand and official seal, this \ \Jr"" day of ÇlrP2-1 L , A.D., 2005. ~~~~~ Name of Notary Public Typed, Printed or Stamped My Commission Expires: ......11.., EUZABETH M DECKER ~~., . . ~ . f-\ Notary PublIc . State Of FIoItda .~ " I.,....'~ "'28.2IID CommIIIion ,# DO 319261 Ionded.,NcIIonaINobyMn. :" ,~,./.;:,:,.~, .... .,.u",.'o,~,,,;"C .' :';'::',:':';:;' !:: aJ J: >< w .' L~ .S3 qqo; '\..··*...~.".i.·..·.·· "~ \.' ~..'..:.....:-.'.'..', ... "1...""'> ;....,j. \.';;': ... I\¡ ~ ~ S ~ ~ g ~ ~ , II ê5 ~ ~ I ~ ~ Iii .~ ~: ~~ t! i o~ ~ III.. ¡¡ l i ~ It vi ':¡ '" . .. l " " c c [ o .... "-" AGENDA REQUEST ITEM NO. C2D DATE: May 3,2005 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: Daniel S. McIntyre County Attorney Revocable License Agreement Department of Transportation, Turnpike Enterprise Glades Cut-offRd (County Road 709) See Attached Memorandum N/A RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chairman to sign the Revocable License Agreement and direct staff to record the document in the Public Records of S1. Lucie County, Florida. COMMISSION ACTION: Mì APPROVED [ ] OTHER [ ] DENIED Approved 5-0 Do glas M. Anderson County Administrator ~ [x] County Attorney:_ [ ]Originating Dept:_ Review and Approvals [x] Road and Bridge: ryA--- [x] Engineering: M"Þ [x] Public Works:~ ' [ ]Purchasing: ...." PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners fROM: Daniel McIntyre, County Attorney DATE: May 3, 2005 SUBJECT: Revocable License Agreement Department of Transportation, Turnpike Enterprise Glades Cut-Off Road (County Road 709) BACKGROUND: Florida Department of Transportation Turnpike Enterprise requested to work in the County right-of-way of Glades Cut-off Road with a right-of-way permit. It was determined that a Revocable License Agreement was needed before the Right-of Way permit for the work could be issued. FDOT is installing a 96 SM Fiber-optic wire via directional boring to the FP&L power source. A copy of the signed Revocable License Agreement is attached for your review RECOMMENDATION: Staff recommends the Board approve the Revocable License Agreement with Florida Department of Transportation Turnpike Enterprise, authorize the Chairman to execute the Agreement and direct staff to record the Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, 'w' '..I ---,-----...-.. . 1 II~~I Œ ® Œ Ü WJ,¡~: UUI wa- 8am ~. ¡ PROPERTY ACQU SITjO~-, APPENDIX P-I RIGHT-OF-WA Y PERMIT FORM REVISED STANDARD COUNTY SPECIFICATIONS ST LUCIE COUNTY ENGINEERING DIVISION 2300 VIRGINIA A VENUE. 2ND FLOOR. FT, PIERCE. FL 34982 (462-1709) The following infonnation shall be provided by the applicant (type or print): Name of Applicant FDOT Turppike Enterprise Phone No, (954) 975-4855 Mailing Address P.O. Box 9828, Ft. Lauderdale, FL 33310 Name of Applicant responsible for Utility after installation same as above Ultimate owner does not take possession until acceptance of work. Phone No. same Name of Contractor FR-Aleman & Associates Phone No, (305) '591-8777 Contractor's License Number 00004658 Contractor's Field Contact Name Ra1 ph Caballero Contractor is responsible for all conditions of this permit until ultimate owner takes possession of utility, Permitee representative responsible for notifying SI. Lucie County 24 hours prior to work same Phone No, same As the Applicant, we request pennission to construct, operate and maintain the in s ta lla tion of 96 SM I Fiber-optic wire via directional borinq to an FP&L power source (drainage) (utility) installation (s) (hereinafter to as ") nstallation") on road drainage, or combination drainage/utility, rights-of-way or easements deeded to or maintained by St, Lucie County, or dedicated to the public in the unincorporated areas of 5t. Lucie County. (hereinafter referred to as "County rights-of-way" known as Co un t Ý Rd. 70 9 The proposed installation is shown on the attached sketches) on 8Y." x ]4" or smaller paper, which reflects its located and character and details the aspects of same that wiH disturb County maintained improvements (hereinafter referred to as "Improvements"), We shaH commence actual construction of the pennitted installation within 180 days of permit issuance and complete same within--3......days thereof. Special conditions involved with this installation are as follows: ALL RIGHT-Of-WAY WILL BE SODDED UNLESS NOTED OTHERWISE Our proceedings with instaHation of work covered by this permit indicted our agreement to comply with the "Conditions of Right-of- Way Permit" and other provisions stipulated herein by the County. App' to' CJ " Tv..rN·, IL., Ë Nk {' . ¡::; Title: COO By: 1 . f=-""¡' y t..bV _ Date: ~1~9V"~v~d ~$.; ~ ~'f^ Þ,N& 1 ~J~I'11 '. VLk. R. .1.JUo~ THE FOLLOWING TO BE COMPLETED BY THE COUNTY: 0 Improvements are planned or in process on aforestated rights-or-way Proposed installation is in accordance with Revised Standard County Specifications '- - .:l::L -():; . yes . yes . no . no Reviewed by Road & Bridge Manager D,ate The aforestated installation construction is hereby permitted under the following provisions: ····-ì 'i'r G r "'¡ ¡ lj !";. -----, " I ¡ ¡ : 1'1:: I 7 20Œ J~ BOARD OF COUNTY COMMISSIONERS, ST, LUCIE COUNTY, FLORIDA by County Engineer - Enforcing Official ENG!1"JEERING By See reverse side for "Conditions of Right-of- Way Pennit." Date: Permit No,ð S -o3a Page I aD Revised 4/4/03 --I - '-" .....", This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this _ day of , 2005, by and between ST, LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and DEPARTMENT OF TRANSPORTATION, TURNPIKE ENTERPRISE whose address for the purpose ofthis agreement is P .0, Box 9828, FT. Lauderdale, Florida, 33310 ("FDOT"). WHEREAS, the County is the owner ofthe property described as: THAT PORTION OF A COUNTY ROAD RIGHT-OF-WAY, KNOWN AS GLADES CUT -OFF ROAD (CR 709), LYING IN SECTION 2, TOWNSHIP 36 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. WHEREAS, the County is willing to permit FDOT to use Glades Cut-off Road (CR 709) right-of-way, to install a 96 SM fiber-optic wire via directional boring under Glades Cut-off Road to the Florida Power and Light power source, subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1, The County hereby grants FDOT a Revocable License Agreement for the purpose of installing a 96 SM fiber-optic wire via directional boring to Florida Power and Light's power source, across Glades Cut-off Road (CR 709) right-of-way as depicted in the construction plans attached as Exhibit "A". This Revocable License Agreement shall extend only to the above-referenced fiber-optic wire and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose ofthis Agreement is to allow FDOT a means of installing the 96 SM fiber-optic '-" ......, wire via directional boring under Glades Cut-off Road to the Florida Power and Light power source. 3. Pursuant to the terms and conditions contained in this Revocable License Agreement, the County authorizes FDOT to bore under Glades Cut-off Road to the Florida Power and light's power source. Any maintenance requirements within Glades Cut-off Road right-of-way resulting from FDOT's work shall be performed by the FDOT at the sole expense of the FDOT. 4, FDOT is required to complete the construction ofthe improvements in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida, and FDOT Standards. FDOT shall provide the County Engineer with a Maintenance of Traffic Plan for approval prior to construction and provide a schedule for construction. 5. This Agreement shall be binding on future successors and assignees ofFDOT and the County. 6. The County shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal ofthe improvements at FDOT's sole expense upon ninety (90) days written notice to the FDOT. If FDOT requests to alter or relocate the improvements in lieu of termination, the County Engineer may, in lieu of termination, request that FDOT perform certain alteration to or relocate the improvements at University's sole expense. However, if such alteration is not performed to the satisfaction ofthe County Engineer, the County shall be entitled to exercise its right to terminate this Agreement upon ninety (90) days prior written notice to FDOT. 7. Upon the abandonment ofthe installation ofthe improvements, the expiration ofthis Revocable License Agreement, or the revocation ofthis Revocable License Agreement, whichever occurs first, FDOT shall be responsible for the removal or plugging ofthe abandoned improvements as directed by the County Engineer, consistent with the specifications of the County in force at such time. S, The term of this Revocable License Agreement shall begin on the date first above written and shall remain in affect unless otherwise revoked or abandoned as provided herein. 9. FDOT agrees to relocate the improvements, at any time and at no cost to the County, if necessary '-" ..."" , for the maintenance or improvements of Glades Cut-off Road by the County. 1 O. The improvements shall be constructed in accordance with all applicable building codes and pennitting regulations of the County and shall be maintained solely at the expense of University. Any maintenance activity will be subject to the written approval of the County Engineer. 11. FDOT agrees to allow County employees access to the location of the 96 8M fiber-optic wire so that County can maintain Glades Cut-off Road right-ofway for County purposes as detennined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2rd Floor Fort Pierce, FL 34982 Copies to: Department of Transportation, Turnpike Enterprise P.O. Box 9828 Ft. Lauderdale, Florida 33310 With Copies to: County Attorney Administration Building Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13, To the extent permitted by law, FDOT shall indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the m~gIigent use, occupation, management, or control of the above property by FDOT or its' agents, servants, '-" ...." , employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during FDOT's use of the pr~perty. 14. The County shall promptly record this license in the official records ofSt. Lucie County, Florida. The FDOT shall pay any costs of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: Cbanda- ~~ U) ~J)\J!1 T¡(/~/7I&' JCVrL~ ~ !Jet nJr If{ tJ//d e.- STATE OF FLORIDA COUNTY OF O~Þr ~ be:.. DEPARTMENT OF TRANSPORTATION T~~ tlENTERPRlSE BY{ ~ j? !Il It's~ l¡ 5')Gt'VVf(ve.... Q[IZoè-~ COD Le-j '" \ ~i'n>",\ : t<-k. ~. ..f~ The forgoing instrument was acknowledged before me this~ \~ day of Þr<?a.. \ L-- 2005, by C~O¡<{'of~~ WÞr-2.2..u.I it's \)~E>r5-)t.r.i:>I~~C"'T""Ðtt. who produced çl.tl.$.~M.&.-'f ~ (type of identification) and who did take an oath. WITNESS my hand and official seal, this \ ,~ day of ~ I?'l\ L. , A.D., 2005. My Commission Expi s· '~'"'''' EU2A8ETH M. DECKER " '\ Notary PubIc - State of FIortdo ~2I.2I:œ CommIIIIon # DO 319261 IondIdIVNalanalNaby~ ~~~~~ Signat of Notary PublIc t: CD :x: >< w ~ S I ~ g a: ~ J Q ð ... I ~ ~, + :.: ~ ~ . ,¡ dY,e , ~ tsts I · '... !. ,; ~~ t! i ~ o~ ~ a III:;; I i Òi It '" '.,", ~ .~~l~ ~~'I~ IU\ .:',: I' I::, i ¡!;: T ¡:I, ..~:" ~ ~ « 0> ..,. ,;.: ..,. 6i '" o o N ~ M C CJ) '0 o:i <D N C ro :g. o ü 6 0> <D v; Ü OJ o ~ '\y .....", AGENDA REQUEST ITEM NO. 3A DA TE: May 3, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants PRESENTED BY: Roberta Breene, Grants Writer SUBJECT: Authorize the submittal of a Florida Forever grant application to the Florida Communities Trust (FCT) for funds to assist in the acquisition of Paleo Hackberry, a 231-acre project that is immediately adjacent to the Paleo Hammock Natural Area. BACKGROUND: The Paleo Hackberry project includes approximately 73 acres of acquisition and approximately 158 acres of conservation easement. The parcels include 160-acres, 142 of which will be acquired as a conservation easement, of a Riverview Developers LC property along Germany Canal Road. Additional smaller parcels totaling 71 acres adjacent to the Paleo Hammock Natural Area are also included. These parcels include at least two historical Indian mounds that have not yet been listed in the Florida Historical Resources site file and several listed species. Acquisition of the site will add not only to the Paleo Hammock Natural Area, but also to the' planned Cypress Creek Greenway. The site will include a hiking trail that connects to the Paleo Hammock trail. Exercise stations are planned for portion of the trail. Parking, a picnic pavilion and a bird-watching blind are planned for other sections ofthe acquisition, and two observation platforms will be constructed overlooking a stormwater retention area. FUNDS AVAIL.: Funds for the County's61% match ($5,287,500) will come from the value of 18 acres of donated property and 142 acres of donated conservation easement from Riverview Developers. PREVIOUS ACTION: The Board approved the Paleo Hammock Natural Area and, on 4/27/04, apprOled the submittal of a grant application for PalE() Hammock Addition. These two projects have resulted in the acquisition of 438 acres of natural area RECOMMENDATION: Staff recommends that the Board authorize the submittal of the grant application to Florida Communities Trust for the Paleo Hackberry project. p'-i"~ [~] [ ] APPROVED [] DENIED OTHER: Approved 5-0 Doug as Anderson County Administrator Coordination/Signatures COMMISSION ACTION: Purchasing: Other: County Attorney: ~ Originating Dept: I Finance: (copies I only) : Mqt , Budget: Public Works: I' '-' 'wJI To: From: Date: Subject: Board of County Commissioners Roberta Breene, Grants Writer April 28, 2005 BOCC Meeting, May 3, 2005, Consent Agenda Item 3A Paleo Hackberry - Grant Application Paleo Hammock Natural Area - Paleo Hackberry Addition Paleo Hammock (99-020-P9A) is a prior FCT 80-acre project, and Paleo Hammock Addition (04-044- FF4) is a prior FCT 358-acre project. This Paleo Hackberry project will expand Paleo Hammock by 221 acres, making a total of 659. The project is located in western St. Lucie County. Accessto the Paleo Hammock Natural Area is by Carlton Road and State Highway 70. The parcels to be added are to the west of Paleo Hammock. The site is generally described as isolated hydric hammocks within the historic Allapattah Flats ecosystem. The project contains historic Indian mounds and is used by a variety of wading bird species and a number of listed species Acquisition of the site will add not only to the Paleo Hammock Natural Area, but also tothe planned Cypress Creek Greenway. With the recent nearby acquisition of 316 acres by the South Florida Water Management District, an additional two phases will be necessary to connect the Paleo Hammock area to St. Lucie Pinelands, which is immediately oojacent to Cypress Creek. Recreational/educational improvements will include a bird-watching blind, picnic pavilion, horseshoe court, nature equestrian trail, exercise stations, and two observation piers overlookilg a stormwater retention area. The purpose of this acquisition and the anticipated benefits to the community are to protect wildlife habitã; to expand a greenway/wildlife corridor; to protect the historic Indian mounds on the site; to provide for educational and passive recreational opportunities; to conserve and restore valuable wetlands necessary to improve water quality of surface waters; and to conserve and restore greater than 100 acres of upland hydric hammock habitat. The total project cost is $8,686,250. This FCT grant requests funding reimbursement in the amount of $3,398,750 (39%.) St. Lucie County's match of $5,287,500 (61%) will be funded through the value of land and a conservation easement donated by Riverview Developers LC Royal Professional Builders Inc. "". \ "wi AGENDA REQUEST ITEM NO. 38 DA TE: May 3, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants PRESENTED BY: Roberta Breene, Grants Writer SUBJECT: Authorize St .Lucie County to partner with the Trust for Public Lands (TPL) in TPL's attempt to acquire 55 acres as part of the Paleo Hackberry project. If TPL is successful in acquiring the land, it will then sell it to St. Lucie County at an agreed upon future date. BACKGROUND: The Paleo Hackberry project includes approximately 76 acres of acquisition and approximately 145 acres of conservation easement. The parcels include 150-acres, 130 of which will be acquired as a conservation easement, of a Riverview Developers LC property along Germany Canal Road. Additional smaller parcels totaling 71 acres adjacent to the Paleo Hammock Natural Area are also included. Acquisition of the site will add not only to the Paleo Hammock Natural Area, but also to the planned Cypress Creek Greenway. The site will include a hiking trail that connects to the Paleo Hammock trail. Exercise stations are planned for portion of the trail. Parking, a picnic pavilion and a bird-watching blind are planned for other sections of the acquisition, and two observation platforms will be constructed overlooking a stormwater retention area. These parcels already include at least two historical Indian mounds that have not yet been listed in the Florida Historical Resources site file and several listed species. St. Lucie County has worked successfully with TPL in at least two other instances, TPL's fees are anticipated to be approximately $192,500, depending upon acquisition costs. FUNDS AVAIL.: Funds will be made available when new Environmentally Sensitive Land funds are approved. PREVIOUS ACTION: There has been no previous Board action relative to Paleo Hackberry and the Trust for Public Lands. However, the Board has approved similar partnership with TPL in the past' that have been successful. In addition, in the past, the Board approved acquisition of the Paleo Hammock Natural Area and, on 4/27/04, approved the submittal of a grant application for Paleo Hammock Addition. These two projects have resulted in the acquisition of 438 acres of natural area for public use. RECOMMENDATION: Staff recommends that the Board authorize the partnering of the County with the Trust for Public Lands in the acquisition of these Paleo Hackberry properties and the expenditure of funds for TPL's fees. [~] [ ] APPROVED [] DENIED OTHER: Approved 5-0 COMMISSION ACTION: Doug as Anderson County Administrator Coordination/Signatures County Attorney: 1 15 Originating Dept: I ~ Finance: (copies 'only) : Mgt & Budget: Public Works: Purchasing: Other: '-' 'wi To: From: Date: Subject: Board of County Commissioners Roberta Breene, Grants Writer April 28, 2005 BOCC Meeting, May 3, 2005, Consent Agenda Item 3B Agreement to Partner with the Trust for Public Lands- Paleo Hackberry Trust for Public Lands - partnership Agreement Paleo Hammock Natural Area- Paleo Hackberry Addition Paleo Hammock (99-020-P9A) is a prior FCT 80-acre project, and Paleo Hammock Addition (04-044- FF4) is a prior FCT 358-acre project. This Paleo Hackberry project will expand Paleo Hammock by 221 acres, making a total of 659. The project is located in western St. Lucie County. Accessto the Paleo Hammock Natural Area is by Carlton Road and State Highway 70. The parcels to be added are to the west of Paleo Hammock. ñe site is generally described as isolated hydric hammocks within the historic Allapattah Flas ecosystem. The project contains historic Indian mounds and is used by a variety of wading bird speciesand a number of listed species Acquisition of the site will add not only to the Paleo Hammock Natural Area, but also to the planned Cypress Creek Greenway. With the recent nearby acquisition of 316 acres by the South Florida Water Management District, an additional two phases will be necessary to connect the Paleo Hammock area to St. Lucie Pinelands, which is immediately adjacent to Cypress Creek. Recreational/educational improvements will include a bird-watching blind, picnic pavilion, horseshoe court, nature equestrian trail, exercise stations, and two observation piers overlookng a stormwater retention area. The purpose of this acquisition and the anticipated benefits to the community are to protect wildlife habitá; to expand a greenway/wildlife corridor; to protect the historic Indian mounds on the site; to provide for educational and passive recreational opportunities; to conserve and restore valJable wetlands necessary to improve water quality of surface waters; and to conserve and restore greater than 100 acres of upland hydric hammock habitat. The total project cost is $8,686,250. This FCT grant requests funding reimbursement in the amount of $3,398,750 (39%.) St. Lucie County's match of $5,287,500 (61%) will be funded through the value of land and a conservation easement donated by Riverview Developers LC Royal Professional Builders Inc. Due to heavy developmental pressures, it is important b acquire these properties quickly. Assistance from the Trust for Public Lands would expedite the potential purchase of 55 of the project's acres. 'wtI AGENDA REQUEST ITEM NO. 3C DATE: May 3, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants PRESENTED BY: Bill Hoeffner SUBJECT: Authorize the submittal of a grant application to the Florida Communities Trust (FCT) Florida Forever Program for funds in the amount of $3,201,250 to assist in the acquisition of Heathcote Botanical Park. BACKGROUND: During 2004, a grant application was submitted to FCT for funding of $4.2 million for acquisition of lands required for the expansion of Heathcote Botanical Park. This grant was awarded and received. Property acquisition is now in process. Additional funds are currently being sought for this project. This grant application will be for the second phase of a three-phase project. Total project costs for Phase 2 are $5,720,454 and the project involves the acquisition of 45.7 acres. Funds received from the grant will be utilized to acquire 25.1 acres (55% of the 45.7 acres) from the City of Fort Pierce. The match required for the grant, $2,519,204, will be provided by the City of Fort Pierce through a donation of 20.6 acres (45% of the 45.7 acres). In return for the City's donation, the County will subsequently donate land, at a site to be determined, to the City. The land donated to the City will be utilized by the City for a new Public Works Complex. The parcels involved in Phase 2 of the project are primarily those located to the north of the Fort Pierce Public Works area. One of these parcels contains a 23-acre storm water treatment lake FUNDS AVAIL.: The County's match for the FCT grant will be provided by a donation to St. Lucie County of 20.6 acres from the City of Fort Pierce. PREVIOUS ACTION: During FY 2003/2004, the Board approved the initial FCT application for $4.2 million. RECOMMENDATION: Staff recommends the Board authorize the submittal of the FCT grant application for Heathcote Botanical Park Phase 2. .... ~ []C.] [ ] APPROVED OTHER: DENIED Approved 5-0 COMMISSION ACTION: County Attorney: Originating Dept: Finance: JV ~/ý¥- Coordination/Signatures Purchasing: Other: Mqt & Budget: Public Works: '- ......" ITEM NO. C - 4a DATE: May 3, 2005 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Accept the project, release the retainage in the amount of $23,265.05; and make Final Payment in the amount of $23,265.05 to Ranger Construction Industries, Inc. for the removal of hurricane generated debris from the Indian River Drive. Ranger has completed the requested services. BACKGROUND: Powerful winds and heavy rains from Hurricane Frances and Hurricane Jeanne damaged and destroyed trees, tree limbs, and structures within St. Lucie County, These powerful winds and heavy rains generated mixed storm debris throughout the County. Under an emergency work order, Ranger Construction Industries, Inc. performed work to repair and safeguard the Indian River Drive, While under contract to perform the reconstruction and repair work an additional service to remove the debris from the Indian River Drive was requested. Ranger agreed to perform the work for a comparable price to the other debris removal contractors working for the County, FUNDS AVAILABLE: Funds are available on Purchase Order P2510927 in Fund No, 101003-4113-563000-1902 Transportation Trust- Local Option. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board accept the project; release the retainage in the amount of $23,265.05; and make Final Payment to the Contractor, Ranger Construction Industries, Inc., in the amount of $23,265.05 for the removal of hurricane generated debris from the Indian River Drive, [)( APPROVED [ ] DENIED [ ] OTHER - COMMISSION ACTION: Approved 5-0 Do I sAnderson County Administrator [x] County Attorney [x] Project. Manager [x] Road & Bridge ~ ~ [x] Mgt. & Budget [x] Fiscal Coor, [ ] ~H mroM:: [x] 0';';""'0' De,I. p"~;, w~ "". Purchasing Dept (Check for copy only, if ap ica e) · - ~ ......, DIVISION OF ENGINEERING MEMORANDUM 05-107 TO: Michael Powley, P.E. - County Engineer FROM: Craig Hauschild, P.E. - Capital Projects Engineer DATE: April 25, 2005 SUBJECT: Final Acceptance of Indian River Drive Debris Removal . ~ --tl-- -. - - Powerful winds and heavy rains from Hurricane Frances and Hurricane Jeanne damaged and destroyed trees, tree limbs, and structures within St. Lucie County. These powerful winds and heavy rains generated mixed storm debris throughout the County. Under an emergency work order, Ranger Construction Industries, Inc. performed work to repair and safeguard the Indian River Drive. While under contract to perform the reconstruction and repair work an additional service to remove the debris from the Indian River Drive was requested. Ranger agreed to perform the work for a comparable price to the other debris removal contractors working for the County. At this time the additional services requested have been performed and the project is ready to be closed out. cc: Don West, P.E. - Public Works Director Barbara Meinhardt - Fiscal Coordinator w Œ ~ w Œ-T~ APR - B 2005 WI APPLICATION FOR 3 AND FINAL PAYMENT PROJECT NAME: INDIAN RIVER DRIVE DEBRIS REMOV AL ENGINEER'S PROJECT NO.: OWNER: BOARD OF COUNTY COMMISSIONERS ST, LUCIE COUNTY. FLORIDA CONTRACTOR: RANGER CONST, (NO.. INC, CONTRACT DATE: APPLICATION AMOUNT: 523.265.05 APPLICATION DATE: December 14,2004 INITIAL CONTRACT AMT. FOR PERIOD ENDING: December 142004 BASED ON EST. QUANTITIES 5 TABULATION OF AMOUNT DUE THIS APPLICATION BY CONTRACTOR AS APP. BY ENG. TOTAL CONTRACT AMOlINT COMPLETED TO DATE (SEE A IT ACHED "ESTIMATE OF COMPLETED WORK") $ 231.650.53 s 5:/ 23 2 , " ') 0 . , CHANGE ORDER NO. _@ $ @_%COMP $ PREVIOUS PA YMENTS II $ 175.797,00 #1 $ 33.588,47 #3 $ #4 S 232, (èSi.', 53 loci :S L5. 'It, 2-3 :2.. {¡; 5 ...;'" __...,..----_,(1 ~. TOTAL WORK TO DATE LESS PREVo PA V. H SlJB-TOTAL LESS FAILED LAB TESTS S 131.650,53 S 109.385.47 $ 13.165.05 $ $ $ H $ AMOUNT DlIE FINAL PA YMENT, EXCEPT FOR ANY LIQUIDATED DAMAGES ASSESSED B\' BOARD 23, 2" '5 " $ CONTRACTOR'S AFFIDA VIT THE UNDERSIGNED CONTRACTOR HEREBY SWEARS UNDER PENALTY OF PERJllRY THAT ALL OBLIGATIONS INCURRED BY THE CONTRACTOR UNDER THIS CONTRACT TO DATE HAVE BEEN DISCHARGED IN FULL; rnA l' NO SUITS ARE PENDING IN CONNECTION WITH THE WORK UNDER THE CONTRACT; THAT THE CONTRACTOR AGREES TO THE TOTAL FINAL PRICE OF $231.650.53 AND FINAL PA YMENT OF $~ AS FliLL SETfLUIENT OF HIS ACCOliNT UNDER THE CONTRACT AND m' ALL CLAIM&IN. CONNECTION THEREWITH. d,lN. TRA~.' R RANGER CONSTRU010C::DUSTRIES, INC. , , .. C BY: '. ~_'v.-q.~- ~'. :::7...~"'L- \. f COUNi~ OF ~j:'¡M ØEACH STAT NL DÀ \../ TIT LE: Viet Prrsidenl BEFORE ME THIS 13l1li DAY OF FEBRUARY 1005 BY MIGUEL G, CORREA. PERSONALLY KNOWN TO ME, WHO BEING DULY SWORN, DID DEPOSE AND SA Y THAT HI: IS THE VICE PRESIDENT 0.' THE CONTRACTOR ABOVE MENTIONED; THAT HE PREPARED AlTACHED APPLICATION FOR PA YMENT AND EXEClln:D ABOVE AFFIDAVIT ON BEHALF OF SAID CONTRACTOR; AND THAT ALL OF THE STATEMENTS CONTAINED TlIEREIN ARE TRUE, CORRECT AND COMPLETE, MY COMMISSION EXPIRES; -:d2/' TO: BOARD OF COUNTY COMMISSIONERS, ST, LUCIE COllNTY, FLORIDA THE ABOVE APPLICATION FOR PA YMENT BY THE CONTRACTOR HAS BEEN REVŒWED BY THE ENGINEER. THE ENGINEER HEREBY APPROVES FINAL PA YMENT liNDER THIS APPLlCA TlON IN rHE AMOUNT OF $ ,LESS LIQUIDATED DAMAGES ASSESSED BY BOARD, WITH ACTUAL PAYMENT SUBJECT TO CONTRACTOR'S SIGNING ABOVE AFFIDA vrf. - ~ If FINANCE NOTE ST LUCŒ COUNTY ENGINEERING DEPT, DATE: APPROVED BY Michu' V. Powley. P.E, Counly Enllincer Don.ld B. W'SI, P.t:. Public Works Dir«.or CONTRACT TIME BEGAN: SUBSTANTIAL COMPLETION ON: ACTUAL COMPLETION TIME: CONTRACT CONSTRUCTION TIME: RAINY DAYS ALLOWANCE: OrnER OVERRUN ALLOWANCES: NET OVERRUN: CHECKED BY: /;i /~,l A - / '/./ ,,/of .,~' ~ ../ ........-r" ...._ CAL. 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D. t; ~ 8 ~¡:: ci ....z z-C 0:;:) CJO W It) CJ "": i2 N D. ..... .... z :;:) c.It .... >- z :;:) u z 0 ¡:: D. ~ i2 CJ :ß E Q Q) ~ en 'C .c Q) 0 C") It) ci It) <0 Ñ C") N c.It~tIt M-~ fh C")1t)r-- ~C!'<t Olt)lric ~~CX)o . . C") .- NC")ai~ ~ NO.! N::I c:r ~c.lttltQ) 0::: en :E - Q) ::I Q - C ::I o E c( ....", ('I) 10 o 10 co. N C") N ~ It) o LÒ <0 N ('f) t':!. 10 o Iri <0 N C") N o w en Lfj -I W IX: w (!) < z ~ w IX: ----- , . ~ ...., DIVISION OF ENGINEERING MEMORANDUM 05-095 TO: Dan McIntyre, County Attorney FROM: Mike Powley, County Engineer ~'JV DATE: April 8, 2005 WD ! Œ (t~ ~ W Œ i m 1 I ill i APR - 8 200, ! LCJ ¡ I , i , ; I ~. ......~"' ,--.-,.-". -""".-'.- "'-,"~ ." '" -..-~"".".,..,,-,. .-, \: ; ~".i A"r'T{J R ~\j E'.<' SUBJECT: Ir..J:-- 1');..-... þ...i\J~pmflvqj- .~'-"._"'.-~."-+~-'--------"""".'<"' On December 7,2004, the Board awarded Ranger Construction Industries, Inc. a contract for debris removal on Indian River Dr. Please approve the attached Release of Lien for correctness. If we can be of any assistance, please Craig Hauschild, Capital Projects Engineer, at extension 1712. Bam Attachments (1) cc: Don West, Public Works Director Craig Hauschild, Capital Projects Engineer , it' ii" ..., ITEM NO. tj b DATE: 5/3/05 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: ( X ) PRESENTED BY: ~~~~-~~ ( Don West I Public Works Director TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN SUBJECT: Request approval from the Board of County Commissioners for Change Order No.2 for Lake Michigan Contractors, Inc. in the amount of $1779.40 for the Taylor Creek Dredging Project. BACKGROUND: Taylor CreeklC25 Dredging Restoration Project involves the dredging of Taylor Creek from the C-25 spillway and Ft. Pierce Farms Canal No 1 to the Indian River Lagoon Intra-coastal Waterway. The project will involve the removal of approximately 210,000 cubic yards of muck sediments to restore Taylor Creek to original design depth or hard sand bottom. The accumulation of sediments over the past 40 years represents a threat to the health of the seagrasses in the Indian River Lagoon Estuary. Once the sediments are removed, Taylor Creek will function as a silt trap to accumulate silt before it is discharged to the Indian River Lagoon. In addition, the navigation channel will be restored to its full depth to benefit the public. Change Order # 1 extended the dredging quantity from 81,000 to 94,767 cubic yards, an increase of 13,767 cubic yards. The contract time was extended 62 additional days, to allow for the dredging, dewatering, and hauling of the additional 13,767 cubic yards of muck. Change Order # 2 provides for a pilot project to investigate land spreading a small grantity of muck sediments to enhance the drying process. The price includes preparation of the drying site, spreading, and removal of the muck sediments after drying is achieved. ' FUNDS AVAILABLE: Funds are available in the Port Budget with 50% of the funding coming from the FSTED (Florida Ports council Grant) - account # 140329-4310-546300-4657 PREVIOUS ACTION: 3/9/99: Approval of Work Authorization #11 with Williams, Hatfield & Stoner in the amount of 11,000 for preparation of FIND Grant. 5/4/99: Approval of Work Authorization #12 with Williams, Hatfield & Stoner in the amount of $25,220 for spoil site selection process. 2/15/00: Approval of Work Authorization #13 with Williams, Hatfield & Stoner in the amount of $86,900 for sediment testing and analysis. 3/7/00: Approval of Work Authorization #14 with Williams, Hatfield & Stoner in the amount of $32,200 for a hydrogeologic study of the groundwater at the Seminole property. 5/1/01: Approval of Work Authorization #1 with BCI in the amount of $137,000 for design and permitting of Taylor Creek Project. 2/5102: Approval of Work Authorization #2 with BCI in the amount of $33,050 for the Taylor Creek Restoration Dredging Project Shoreline Stabilization and Improvements Reach 2. 3/5/02: Approval of Work Authorization #3 with BCI Engineers, Inc. in the amount of $17,500 for cost analysis and grant application preparation and submittal to FIND and SJRWMD. 8/22/03: PO #2313380 for Arc Surveying for Hydrographic Survey in the amount of $18,500. 8/22/03: PO #2313388 for Elab for Analytical Services in the amount of $18,894.00.8/22/03: PO # ,.--_.._->----~.. '-'- ...., 2313379 for Scientific Environmental Services for Soil Sampling in the amount of $10,050.00. 9/30/03: PO #2313589 for Dredging & Marine Consultants, Inc. for Grant Coordination and Permit Finalization in the amount of $19,990.00. 2/04/04: Approval of contract with DMC Engineering in the amount of $24,970.00 for preparation of bid documents & specifications. 2/17/04: Approval of Work Authorization #4 with BCI in the amount of $7,494.00 for design of spoil site. 3/16/04: Award of Construction Contract for Phase I Dredging of Taylor Creek in the amount of $2,485,820.00. 2/22/05: Approval of Change Order #1 in the amount of $243,868.81. RECOMMENDATION: Staff recommends Board of County Commission, approval of Change Order No.2 for Lake Michigan Contractor's Inc. in the amount of $1779.40, and signature by the Chairman. 1å APPROVED o OTHER: o DENIED Approved 5-0 ouglas Anderson County Administrator MMISSION ACTION: ..- .¡; Review and A~aIS . Orlginating Dept' (Pub. Wks.) )..t~' · County Attorney, _ ( _ L,\. . 181 Management and Budget: ~D Environmental Lands: 181 Purchasing: q,;V o Growth Management: 181 Finance :~D Other Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. _ ., I' '-" """ PUBLIC WORKS DEPARTMENT ADMINISTRATION MEMORANDUM TO: Board of County Commissioners FROM: Don West, Public Works Director DATE: May 22,2005 RE: Change Order # 2 for Lake Michigan Contractor's, Inc. ************************************************************************************************************ BACKGROUND: : Taylor Creek/C25 Dredging Restoration Project involves the dredging of Taylor Creek from the C-25 spillway and Ft. Pierce Farms Canal No 1 to the Indian River Lagoon Intra-coastal Waterway. The project will involve the removal of approximately 210,000 cubic yards of muck sediments to restore Taylor Creek to original design depth or hard sand bottom. The accumulation of sediments over the past 40 years represents a threat to the health of the seagrasses in the Indian River Lagoon Estuary. Once the sediments are removed, Taylor Creek will function as a silt trap to accumulate silt before it is discharged to the Indian River Lagoon. In addition, the navigation channel will be restored to its full depth to benefit the public. During the construction of the Phase 1 Dredging Project, an opportunity to extend the limits of the dredging work was presented by the Contractor. The dredging of the navigation channel was extended to the US #1 Bridge, at the same unit prices per the contract. This allowed the County to lessen the amount of work that will be required in the Phase 2 construction. The additional work increased the dredging quantity from 81,000 to 94,767 cubic yards, and increase of 13,767 cubic yards. The contract time was extended 62 additional days, to allow for the dredging, dewatering, and hauling of the additional 13,767 cubic yards of muck. RECOMMENDATION: Staff recommends Board of County Commission, approval of Change Order No.2 for Lake Michigan Contractor's Inc. in the amount of $1779.40, and signature by the Chairman. v '-' ...", CHANGE ORDER 1 ST. LUCIE COUNTY PROJECT: Taylor Creek Dredging Phase I CHANGE ORDER NUMBER: 2 INITIATION DATE: 4/15/05 TO (Contractor): Lake Michigan Contractors, Inc. 265 Kollen Park Dr. Holland. MI 49423 ST. LUCIE COUNTY CONTRACT NO: C04-03-137 CONTRACT DATE: 3/16/04 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - No) Un-Bid Items Grade/Degrade Berm........".........".........,.,..........,...·,·"..·.... ...1@ Lump Sum Load/Haul Unsuitable...................,..,................,....··..,··........ ,36@ TY Stack Unsuitable 24" High.....................",..............,.... ......,.. ..36@ TY Load/Haul Unsuitable to LandfilL,.......,..........."...............".... ...36@ TY 892.00 9.45 5.75 9.45 892.00 340.20 207.00 340.20 The original (Contract Sum) was................,..,....,.......,..........,.......,.........·..·,·..·...·..·..·,···,·..·..·,..,·..··..·..·..·..·......·..· $2,485,820.00 Net change by previous authorized Change orders......,...........,....................,...,...·................·····..·.. .......$ 243,868.81 The (Contract Sum) prior to this Change Order was...............,.........................................,....··....·......·..·........·..... $2,729,688.81 The (Contract Sum) will be increased by this Change Order.........................................,......,...............,.....,...···..····..·,..··....·,·....···,·,··....,·..$ 1,779.40 The new (Contract Sum) including this Change Order will be...............................................·......··..·....· ....$2, 731,468.21 The Contract Time will be changed or unchanged by.,....,........,...............................................··..........·,·..·........,.......... (0) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 11/22/04 Funds Available: Account Number 140329-4310-546300-4657 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: Approved: St. Lucie County. Public Works Department Public Works Department Architect/Engineer S1. Lucie County Department 2300 VirQinia Ave.. F1. Pierce, FL 34982 2300 VirQinia Ave.. F1. Pierce. FL 34982 Address Address By: Donald B. West, P,E., PIW Dir, 8/26/04 Date 8/26/04 By: Donald B. West, P.E., PIW Oir. Date Agreed To: Authorized: S1. Lucie County: 2300 Virginia Ave., F1. Pierce, FL 34982 Lake Michiqan Contractors. Inc. Contractor By: Date 265 Kollen Park Dr.. HOllanrl 49423 AirIrlress \ r-...., '~, i ' ". '"" '. .... - . "'" ,. ' ( . " ,-/. ) ) ---c/,~ '.>t:Ø-f:' ,...)---"' ~ ~. ~/~ ßtý: .' ~Date \--/ Approved as to Form and Correctness County Attorney ---.r' , "' Ii ~ AGENDA REQUEST -.....I. '- ITEM NO. c-5 DATE: May 3,2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: ROCK ROAD JAIL EXPANSION PROJECT: . CONTRACT CHANGE ORDER NO.2 TO CONTRACT NO. C04-04-323 CENTEX ROONEY/SCHENKEL SHULTZ DESIGN/BUILDERS, L.C. . ENVIRONMENTAL DESIGN SOUTH-WETLAND MONITORING PLAN BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 310003-2330-562000-26003 (Buildings) PREVIOUS ACTION: On December 7,2004, Item No. c-7c, the Board of County Commissioners approved Change Order No.1, to Contract No. C04-04-323, to increase contract time. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No.2 to Contract No. C04-04-323/Centex Rooney/Schenkel Shultz, to increase the contract sum $86,640.00 to provide the wetland mitigation program for the jail expansion project, authorizing the Chair to sign this contract change order as prepared by the County Attorney. In addition, staff is recommending the Board approve using Environmental Design South to provide the five (5) year monitoring of the wetland area at a cost of $44,400.00, authorizing the Chair to sign the contract, as prepared by the County Attorney. MISSION ACTION: [4 APPROVED [] DENIED [,. OTHER: Approved 5-0 CE: Dou Anderson County Administrator Originating Dept: ;JY 8.,.,.., Coordination/Signatures Mgt. & B"dget ~ ~ _ Other: ~1 W 'f\ ~ ik- Purchasing Mgr.: c;;;;/ / Other: County Attorney: Finance: (Check for Copy only, if Applicable) Eft, 1/97 H:\AGENDA\AGENDA-44 CENTEX WET LAND MIT..DOC '¡.; \ '- """" MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Roger A. Shinn, Director DATE: May 3, 2005 SUBJECT: ROCK ROAD JAIL EXPANSION PROJECT: . CONTRACT CHANGE ORDER NO.2 TO CONTRACT NO. C04-04-323 CENTEX ROONEY/SCHENKEL SHULTZ DESIGN/BUILDERS, L.C. . ENVIRONMENTAL DESIGN SOUTH-WETLAND MONITORING PLAN ***************************************************************************************************** BACKGROUND: On April 27, 2004, St. Lucie County entered into Contract No. C04-04- 323 with Centex Rooney/Schenkel Shultz, L.C., for design and construction of the Rock Road Jail. Part of the jail expansion project involves wetland mitigation; at the present time funding in the amount of $240,000.00 is being held in contingency and is available for this. The County has decided to have Centex Rooney/Schenkel Shultz provide the wetland mitigation program that would include: required removal of exotic and nuisance plants, removal of spoil material to be disposed on site and wetland plantings at a cost of $83,640.00. In addition, South Florida Water Management requires that the wetland area be monitored for a five (5) year period and Environmental Design South will do the monitoring for a total amount of $44,400.00. Environmental Design South is familiar with this project; they have been working with Centex Rooney from the start of the jail expansion project. Total cost for the Wetland Mitigation/Maintenance and Monitoring Plan is $128,040.00, this is $111,960.00 less than had been anticipated and placed in contingency. Staff is seeking approval to use these available funds and move forward with this scope of work for the wetland mitigation. ,- Ì' \ '- ......,; RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order NO.2 to Contract No. C04-04-323/Centex Rooney/Schenkel Shultz, to increase the contract sum $86,640.00 to provide the wetland mitigation program for the jail expansion project, authorizing the Chair to sign this contract change order as prepared by the County Attorney. In addition, staff is recommending the Board approve using Environmental Design South to provide the five (5) year monitoring of the wetland area at a cost of $44,400.00, authorizing the Chair to sign the contract, as prepared by the County Attorney. CHANGE ORDER ST. LUCIE COUNTY PROJECT: (name, address) '-' Rock Road Jail Expansion TO (Contractor): Cent ex Rooney/Schenkel Shultz 8529 South Park Circle, Suite 200 Orlando, Florida 32819 ,¡ '-' CHANGE ORDER NUMBER: 2 '~, INITIATION DATE: 4-27-2005 CONSULTANT'S PROJECT NO.: ST. LUCIE COUNTY CONTRACT NO: C04-04-323 CONTRACT DATE: April 27, 2004 You are directed to make the following .'~ in this Contract: (Additional sheet attached as Exhibit ,A ~ No) i , , i 1 ì The original (Contract Sum) (Guaranteed Maximum Cost) was ...................... '.... $ 18,955,000.00 Net change by previous authorized Change orders ..................................... $ The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was ....... $ 18,955,000.00 The (Contract Sum) (Guaranteed Maximum Cost) will be <tQcreas~ (ète~)eM~d- or . 6Q~!J.ß4V by this Change Order ....................................................... $ 83,640.00: The new (Contract Sum) (Guaranteed Maximum Cost including this Change Order will be $ 19,038,640.00: The Contract Time will be (~'aM'Ð) (de(SJ"eia6~) unc ange y ( -O~ Days , The Date of Substantial Completion as of the date of this ange Order therefore is: ld 41 . ~ B g."It -July 14,2005 \ Account Number 310003-2330-562000-26003 Bldg. #2-Aug. 22,2005 \ ' Funds Available; The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjuStment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or rippleeffect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the currentscope oftheentirework as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performéd underthis Change Order shall be performed in accordance with the contract specifications. Recommended: Architect/Engineer Address By Date Agreed To: Cent ex Rooney/Schenkel Shultz Contractor 8529 South Park Circle,Orlando,FL Address By Date GOLDENROD - FINANCE WHITE - VENDOR ì I ~ Approved: Central Services S1. Lucie County Department 2300 Virqinia Ave.,Ft. Pierce, Florida Address By Date Authorized: S1. Lucie County; 2300 VirginiaAve., Ft. Pièrce, FL 34~82 , By Date Approved as to Form and Correctness County Attorney GREEN - PURCHASING PINK - DEPARTMENT -"G4JZ5/2005 11:48 FAX 17724290886 ~-: '-' ~ CENTEX ROCK RD JAIL 141 001 'wII I::ENTEX CONSTRUCTION l772429-a658 r. 772429-aSS8 P.O. Box1n9 Ft. Pierce, Aoñda 34945 QB 36476 CGC 005623 April 22, 2005 Mr. Roger Shinn St. Lucie County 2300 Virginia Ave. Ft. Pierce, Florida 34982 RE: Rock Road Jail Expansion - Job # 685 St. Lucie County, Plorida SUBJ: We~lands Mitigation Dear Mr, Shinn: Reference is made to the request by the County to make the subject change and provide our change in contmct price and time. Provide Wetlands Mitigation Program only as detailed in the Wetlands Mitigation/Maintenance and Monitoring Plan developed by Land Design South da.ted August 5, 2004. ' We propose to make the above changes for tho sum of$83,640.00 which will be Added to our original contract amounl Atta.ched are copies of our cost breakdown, including applicable subcontractor quotations. This pricing includes: Wetlands Mitigatiot1, requiring remova.l of exotic and nuisance plants, removal of spoil materia! to be disposed on site and Wetland plantings_ The County shall undertake the responsibility to monitor and administer me Twelve (12) month Maintenance Program and the Five (5) Year Monitoring Program outlined in the proposals submitted by Environmental Design South and Land Design South as these activities wì1l extend beyond the date of Substantial Completion for the Project. Scope of Work Wetlands Mitigation Maintenance Program Five year Monitoring Program Overall Cost of the Programs Cost $ 83,640.00 $ 32,400,00 S 12~º-OO.OO $ 128,040.00 Responsibilitv Centex Rooney Schenkel ShI1J~ St. Lucie County St. Lucie CoUl1ty This proposal covers only the changes to the specific work as set form in the attached breakdown., and is subject to any qualifications or conditions noted therein. Changes ill the work and associated price adjustmenrs other than those noted in Olll" proposal are not included. '-' ......,¡ AGENDA REQUEST ITEM NO. C 6 DATE: May 3, 2005 REGULAR [ ] PUBUC HEARING [ ] CONSENT [XI TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jon Ward, Director SUBMITTED BY (DEPT): Cultural Affairs SUBJECT: Request to offer free admission to the St. Lucie County Historical Museum on Wednesday, May 18th, in celebration oflnternational Museum Day. BACKGROUND: The International Conference of Museums is sponsoring International Museum Day on Wednesday, May 18th. The St. Lucie County Historical Museum staff is requesting pennission to offer free admission on that date. RECO MMENDA TIO N: Staff recommends that the Board of County Commissioners grant approval to offer free admission to the St. Lucie County Historical Museum on Wednesday, May 18th in celebration oflnternational Museum Day. COMMISSION ACTION: Approved 5-0 . . MI APPROVED [I DENIED [ I OTHER: County Attorney: Review and Approvals Management & Budged?ìv~ Purchasing: Originating Dept Other: Other: Finance:(check for only, if applicable) ll~ward- International Museum Day, May 18th .'11; "þ.-'. ¿ ,-,. Page 11 ......, From: To: Date: Subject: Anne Sinnott Jon Ward 4/11/20052:16:08 PM International Museum Day, May 18th per our previous conversation-International Museum Day, sponsored by ICOM, is Wednesday, May 18, 2005. In celebration of this year's I theme "Museums Bridging Cultures" and to encourage attendance for those who might not otherwise visit the Museum, we would like to have free admission to the Museum on this day. This will be the third year the Museum has recognized this international event. Do you need to okay this with the BOCC since it involves a freebie? If so, thanks for doing this pronto because I would like to include a story on International Museum Day in my newsletter and also get a press release out to some of the local monthly periodicals, dailies, etc. Thanks for your prompt attention to this matter. Anne ~// '- ......, St. Lucie County INTERNATIONAL AIR AGENDA REQUEST ITEM NO: C-7 DATE: May 3, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] PRESENTED BY: Paul Phillips TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport SUBJECT: Release Retainage and Final Payment - Dickerson Florida, Inc. BACKGROUND: March 9, 2004 the Board approved and awarded bid 03-078 to Dickerson Florida, Inc. in the amount of $1,017,321.00. This work provides for the milling and overlay of runway 14/32. This project is consistent with the approved Airport Master Plan and Strategic Business Plan and will allow the pavement to maintain the wheel bearing capacity of 30,000 lbs as approved by the Airport Master Plan Study Group. November 23,2004 change order number 1 was approved by the Board decreasing the award by $14,678.65. Change order number 2 reduces the award $155,305.27 making a new award amount of $847,337.88 to Dickerson Florida, Inc. A letter dated March 16, 2005 from the Engineer supports the final pay and release of retainage invoice No.6 in the amount of $87,916.44. FUNDS AVAILABLE IN ACCT#: Funds are available in airfield runway 14/32 rehabilitation account. (140324-4220-563000-48007) & (140127-4220-563000-48007) PREVIOUS ACTION: In December 2001, and June 2002, the Board approved the initial grants for this project. In November 2002, the Board approved the design funding. In August 2003, the Board approved additional FAA funding. In February 2004, the Board approved additional FDOT funding. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the final invoice of$87,916.44 with release of retain age in the amount of$84,380.16 and final invoice amount of $3,536.28 for a total invoice amount of $87,916.44 to Dickerson Florida, Inc. for the runway 14/32 rehabilitation project (bid #03-078) at St. Lucie County International Airport. COMMISSION ACTION: IIAPPROVED [ ]DENIED I ]OTHER: Approved 5-0 Reviews & Approvals C}¡ ./ II '^ --1.t1 hA J County Attorney' f/~ OMB~purchasing Originating D~tXU/'~ther: Other: Finance:(Check for Copy only, if applicable) , , ...., St. Lucie County INTERNATIONAL AIR. MEMORANDUM DATE: April 25, 2005 TO: The Board of County Commissioners FROM: Paul A. Phillips SUBJECT: Agenda Item C-7 May 3, 2005 Final Pay - Dickerson Florida, Inc. In December 2001, and June 2002, the Board approved the initial grants for the rehabilitation of runway 14/32 project at the St. Lucie County International Airport. In November 2002, the Board approved the design funding. In August 2003, the Board approved additional FAA funding. In February 2004, the Board approved additional FDOT funding. This work provides for the milling and overlay of runway 14/32. This project is consistent with the approved Airport Master Plan and Strategic Business Plan and will allow the pavement to maintain the wheel bearing capacity of 30,000 lbs as approved by the Airport Master Plan Study Group. In August 2003, bid 03-078 was accepted by the Purchasing Department for the runway 14/32 rehabilitation project. There were three bids received with Dickerson Florida as the lowest bidder. The airport engineer's recommended to award this project to the low bidder, Dickerson Florida, Inc. March 9, 2004 the Board approved and awarded bid 03-078 to Dickerson Florida, Inc. in the amount of$1,017,321.00. During the excavation phase of the taxiway A connector, contaminated soil was discovered in the excavated area. Pursuant to the contract agreement, a request for additional funds and an extension of time was requested to remove the contaminated materials and dispose of the materials in accordance with FDEP regulations. November 23, 2004 change order number 1 was approved by the Board decreasing the award by $14,678.65. The original design for the rehabilitation specified that the existing pavement on runway 14/32 would be milled to a depth of three inches. However, during the milling process it was determined that a petromat was installed at approximately two inches under the pavement surface. As a result, the asphalt milling was reduced to approximately one inch and supplemented by crack sealing to prevent damage to the petromat. This deduction of asphalt quantities provided for the funds necessary to excavate the contaminated soil. Change order number ~reduces the award $155,305.27 màtrf{g a new award amount of $847,337.88 to Dickerson Florida, Inc. This change order is mainly due to the reduction in Bituminous Surface Course. A letter from the Engineer dated February 9, 2005 describes the reduction in the final change order in detail. A letter dated March 16,2005 from the Engineer supports invoice No.6 which includes the final pay and release of retainage in the amount of $87,916.44. (Note Engineer's letter also supports invoice No.5 that has been paid in the amount of $7,770. 14) Staff recommends that the Board of County Commissioners approve the final invoice No.6 in the amount of $87,916.44 with includes release of retainage in the amount of $84,380.16 and final pay in the amount of $3,536.28 for a total amount of $87,916.44 to Dickerson Florida, Inc. for the runway 14/32 rehabilitation project (bid #03-078) at the St. Lucie County International Airport. '-' 'wi ["'II.. ] TETRA TECH WHS .-¡¡ Williams, Hatfield & Stoner, Inc. 2101 N Andrews Avenue, Suite 300, Ft. Lauderdale, FL 33311 Tel 954.566.8341 Fax 954.565.5421 , I . . Transmittal Letter Date: March 2, 2005 TO: Barbara Churchill St Lucie County International Airport ECEIVED [M~;:32~] AIRPORT aT. LUCia COUNTY. I'I.OAIDA Attached are the following items: 3 originals of Change Order #2 (final) for the 14-32 Runway project These items are for: § Approval Review and Information H Distribution U Per Your Request Very truly yours, John Neff Copies to: '- .~ .i Change Order OWNER ARCHITECT CONTRACTOR FIELD OTHER o 181 o o o AlA Document G701 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN A TIORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION, PROJECT: (name, address) Purchase Order No: 03-078 Runway 14-32 Rehabilitation Change Order Number: 2 (FINAL) at S1. Lucie International Airport Date: February 9, 2005 TO CONTRACTOR: (name. address) Architect's Project No: 5135-21 Dickerson Florida, Inc. P.O. Drawer 719 Contract Date: October 11,2005 Stuart, Florida 34995 Contract For: Runway Rehabilitation The Contract is changed as follows: See Attached This change order resolves all claims and issues regarding these items. There will be no further compensation in either time or money related to these items. Not valid until signed by the Owner, Architect and Contractor. The Original (Contract Sum)(CtllhllírtCGd M.Utlntl1'11 PrkG) was Net Change by Previously Authorized Change Orders The (Contract Sum)(GnluAlrtCGd M.I...J.llwH P.~CG) Prior to this Change Order was The (Contract Sum)(Gnauntccd MAXnnLhllPtiCG) Will be (InGIGAs.:.d) (Decreased) «UDdlangcd) by this Change Order in the Amount of The New (Contract Sum)(Gnarantc.:.d Max:.inmm Pd':'G) Including This Change Order Will Be $ 1,017,321.80 $ (14,678,65) $ 1,002,643.15 $ (155,305,27) $ 847,337,88 The Contract Time Will be (!nGIGASGd)(DcCfCAscd)(Uncbanged) by 0 Calendar Days The Dáte of Substantial Completion as of the Date of This Change Order therefore is December 22.2004 NOTE: This summary does not reflect changes in the Contract Swn, Contract Time, or Guaranteed Maximum Price which have. been authorized by Construction Change Directive. CONTRACTOR: OWNER: S1. Lucie Board of County Commissioners By: Date: AlA DOCUMENTG701 -CHANGE ORDER· 1987 EDITION -AlA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK, AVENUE, NW., WASHINGTON, D,C. 20006·5292, '-' ...., ~ TETRA TECH, INC. I nfrastructu re G ro u p WHS Operation February 9, 2005 Paul Phillips Airport Director St Lucie County International Airport Dear Paul: ST LUCJE COUNTY INTERNATIONAL AIRPORT RUNWAY 14-32 OVERLAY CONTRACT NO. 03-078/FIN NO. 412694-1-94-01/FAA AlP NO. 3-12-0023-023-2003 FINAL CHANGE ORDER Tetra Tech approved Substantial Completion for the above referenced project on the 22nd of December 2004. All quantities are now known and the purpose of this Change Order is to reach a consensus on final quantities and determine the final Contract value. Part of Change Order #1 was to provide compensation for the removal of contaminated fill. This Change Order will reconcile the values in that Change Order as applies to the removal. This will be the Final Change Order for Contract No. 03-078. Change Order #1 estimated 1,000 Tons to be excavated and disposed of at the County's Solid Waste Landfill. The actual quantity is 704.21 Tons, which decreased the excavation value from $12,750 to $8,978.68 for a decrease of $3,771.32. The dumping fee for this material was actually paid for by the Airport; therefore, the entire $32,000 estimate for Dumping Fees is being removed from the Contractor's side. A lump sum value of $22,534.72 was billed to and paid by the Owner (see attached). There are 8 line items in which the installed quantity varies from the Contract estimates. The first is MOT, line item G-100-4, which had a lump sum value of $47,500. During the Hurricanes in September 2004, the Contractor had to remove and later reset his MOT twice. The attached Dickerson Florida Extra Work Agreements total $3,536.28 for 4 days. Tetra Tech has reviewed the submitted invoices and agrees that the value is commensurate with the work performed. Weare therefore increasing the MOT line item to $51,036.28 as fair compensation for the extra effort. There were 10,000 LF of cracks to be routed and sealed under line item W -102-1. A total agreed upon final quantity is 9,913 LF. The original value for this work ($26,800) is being decreased by $233.16 (87 LF) to $26,566.84. This is the final agreed upon quantity for this scope of work. In the original estimate, there were 12,200 Tons of Bituminous Surface Course, P-40 1-1. This estimate was reduced to 10,980 Tons with Change Order #1. The final installed quantity is further reduced to 8,590.11 Tons. The revised estimate is therefore being reduced by 2,389.89 Tons with a contract value of $114,547.43. : 90 I South Congress Avenue. SUite: 50. Boynton Beach. FL 33426 Tel 561.738.0133 Fax 561,738,6157 2101 North Andrews Avenue, Suite 300, Ft. Lauderdale, FL 333 II Tel 954.566.8341 Fax 954.5655421 1560 North Orange Avenue, Suite 240, Winter" Par"k. FL 32789 Tel 407.426,9040 Fax 407.426,9007 4601 Ponce de Leon Bouieval"d. Suite 220, Coral Gables. FL 33146 Tel 305.663.5777 Fax 305,663.5781 www.tetratech.com '-' ..."" ~ TETRA TECH, INC. ìnfr::J.stnjc¡:un~ {":;(OUP N¡-:S Operôtlof' Page 2 Paul Phillips February 9, 2005 Combined with Change Order #1, the original contract value of $584,746 has been reduced to $411,723.97. Likewise, Change Order #1 had reduced the contract quantity for Bituminous Tack Coat (P-603-1) from 8,700 Gallons to 7,830 Gallons. Final installed quantity was agreed to be 6,125.73 Gallons, which further reduces the contract value by $1,823.57. Combined with Change Order #1 the original contract value of $9,309 has been reduced to $6,554.53. The estimated contract quantity for painting (P-620-1) was 70,000 SF. During the Hurricane delays, temporary striping on limited notice added to the total as well as significant amounts for redoing all the 14/32 hold short bars to the current AC. The final measurements over ran the estimate by 40% or 28,208 SF. This final quantity increased the contract amount by $12,411.52. Total square footage is 98,208 from the original 70,000. Two pay items increased in the estimate for Alternate A. Bituminous Surface Course (P-401-1A) was estimated to be 570 Tons with the final installed total being 579.8 Tons. This increase of 9.8 Tons increased the value $523.32 from $30,438 to $30,961.32. Sodding (T-904-1A) increased 1,600 SY for an increase of $1,888 over the estimated contract value of $10,148 to $12,036. Alternate B has one line item that decreased from the contract estimated amount. Bituminous Surface Course (P-401-1B) decreased by 381.59 Tons with a value of $21,288.91. The original estimate was for 1,400 Tons with the final installed quantity being 1,018.41 Tons. The result of these changes is a total decrease of $155,305.27 to Dickerson Florida .I.Cyou have any questions, please let me know. Very truly yours, /í/~/ I~ ~ . -.' --m~Neff - " ' Project Engineer '-' ....., INVOICE TO: Address: DICKERSON FLORIDA, INC. RENTAL OR EXTRA WORK AGREEMENT (~,;7"'LI.:>r... \¿ ¡ 1,,r~\'...,~J,,:,"·i"\{nlt':..',, 1':::..1 i~~.?ì) £""¡- DATE: JOB or P,O, No.: NO. 42 5 ì . i, -" j.. I) " j / f..,..$: / I) ',.,.__ , . ~'-s7 \ COUNTY: ,-.- L ~'~\', ~.~w.:J t~ 1 ~7' LOCATION: t:T-~~I../c \ \.? Þ....1Q,.Plf'··t- WORK PERFORMED: r') , ,.- "'.'" ~"7- ,...,...- í.. It'_'';7F!''¡\ \.':i.:l. \::; I '.1 º '. \1 'T~" ~N\ . ~ -; r>::Å H-\:::::¡!'Lf... \ (.1.":,1"\. l:=' <.-.0 '....... 2'.\.'( V \~. f \ '\L,"/-' ~.. C', ,,' '.... <.-ç.. -... "",,._~ .. _ A , t) ¡J I,;,y -,...- \ ..¡;.:;. LABOR NO, OF HRS. PER TOTAL RATE $ AMOUNT EMP EMP HOURS Unskilled Laborers ¡" '/ ".t.- '2. ì ,11. '"š 1 1.- 1.:>4- <- Skilled Laborers Foreman/Supervision I "2..- 1'. i::>ð .ì "1..... ¡ <.1. (L(~- Survey Crew EQUIPMENT RENTED WITH OPERATOR EQUIP NO, TYPE OF EQUIPMENT HOURS RATE $AMOUNT ..... -'0' <'~ g ; ) -r-fl",j .::..C Ì".'¡ )(~ !o g.};'b. ![)t.)\/ iDq.S¿, '- . L,,- ¡." ,'-\<'....\I ¡..) ! .(" 1 '-<, þç .J .(.') 1. . '3 "1- ~LT '5 :~ J.::¡ L.,)f:¡.De" n'__ Z ¡ 11" .II" J ~ L . MATERIALS USED: SUPPLIER, DATE. TYPE AND QUANTITY An'ACH DELIVERY TICKET! Description Quantity Price $Amount Owner or Agent TOTAL RENTAL WORK THIS DATE: $ j'1 S .. G¡ (.p I /:~" 11 ¡, ,; J i f,' Ii ! i;' / . \ Report Made By', ,...-'t" Ii J.¡',.~'1 /[V,/ ;;.',(" t. ,. _.. /~ I I ~., 1_..-., ..~ J .' - .r 10FI Superintendent '" Accepted Green-Main Office Yellow-Customer Pink-Field Office Gold-Accounting ~_., \'I' .'-' ....., INVOICE TO: Address: DICKERSON FLORIDA, INC. RENTAL OR EXTRA WORK AGREEMENT ::0 "r-" l_' -~~":';";..,,'\, \~~ } ", _ }·~~:-~¿...hJ ~¡~" . _~ l\J ;.'\ "".. j:'.). ., ~: t)G -/*1" . D AT E : JOB or P.O. No.: NO /! ? f.) ::~. . "i ,.. _.1 .. I ... i·, -"f i (" .¡Þ-' / ,- '.' . Q <1.". ." -'~~'~3 ~'1 ~ COUNTY: :~~',";"''--'_ L \,J <..'\ T::":';' LOCATION:.. r \-\.n.; >..;¡: .~ ¡r /;¡/~r'-' WORK PERFORMED: :~~.~~:'~..; .t.:~:~ _,(\- ~ ".,~i~~~~,-" - \):~~f\(\ _..1; . LABOR NO. OF HRS. PER TOTAL RATE $ AMOUNT EMP EMP HOURS . Unskilled Laborers !..ç ...:~ (".., ::.,'7 , '7T. '~{~'3 L~ tr. !1---' ~........ . Skilled Laborers i Foreman/Supervision \ .'. "I {..., ('¡ ,'ì~.. ¡ " ¡ '':¡''.4., c..., L.. " -i/,~ Survey Crew EQUIPMENT RENTED WITH OPERATOR EQUIP NO. TYPE OF EQUIPMENT HOURS RATE $AMOUNT (.. ...... i:)¡.;;~ 'ì .J L,~ ,~,Y... \)¡:.':;: -¡i.'....J (~. t. Nip ! ~_ _~.1 /t" . " {) (J ..-' ¢;> () '1,.) ¡.£:'Ii-"~ \J / ::- Lo ,~,,- ,) :~ ~r -""'} ..) Î..:;¡ :L 0t.::;,.:~),~ \2.. ?.... I):"" ï¿,.J H[--. <"'1 <... ';~" ,. -' ¡ ,.~") .' ,J MATERIALS USED: SUPPLIER, DATE. TYPE AND QUANTITY ATTACH DELNERY71CKETl Description Quantity Price , $Amount ' Owner or Agent . ,I ./1'··' ", /1 i .~ I ¡/~l," ; Ii f J :; } Xi ..(! /' Ii / , f ( Report Made By: - '> ,/.<".,/..- IL-{, \,~!,~., ~ ! OFt Superintendent' __ ,,'" ~.- ,'" 1 i"; ,'), '";J.p TOTAL RENTAL WORK THIS DATE: $ Accepted Green-Main Office Ye"ow~Customer Pink-Field Office Gold-Accounting ~ ;¡,:~ ..,. ..... ..,. ~ ....." DICKERSON FLORIDA, INC. RENTAL OR EXTRAWORKAGREEMENT INVOICE TO: "., t..I·, '\__:",.~.'", ",":"ê"'''' r.'"'' ".1. ,4..1~,>'t- DATE: Address: I JOB or P.O. No.: NO. d?S') ~ "- .....' ~ .~ I j_" I .., .." . ':!-I .¡() ¡.~" , J 'J <; 1 î COUNTY: <:"r·"· { \~kt " \: LOCATION:; ,- t -'(...1 ,¿çA,. Í'/>,;.i- WORK PERFORMED: V~t:;;" '$"~ }t\ ¡:iT I "":'":~7~, ç I LABOR NO, OF HRS.PER TOTAL RATE $ AMOUNT EMP EMP HOURS Unskilled Laborers ,d_ 4- ¡ ) t:J ?,'ì '1'2.. 4-4,< t:; 1. Skilled Laborers Foreman/Supervision ì ...4- 4- ),.,,"). ì 7.. . ? ..¿¡' ,- (.~ ):~, Survey Crew ., EQUIPMENT RENTED WITH OPERATOR EQUIP NO, TYPE OF EQUIPMENT HOURS RATE $AMOUNT ~i~,,- t....!~~_ ~ '?< 5") " .T11....J \'L- ^" )ð. IJ")q ,sdiJ""" Ii.... q , ''" I."", t:..r \~': p~.. , I . l MATERIALS USED: SUPPLIER, DATE. TYPE AND QUANTITY ATTACH DEUVERY7JCKETI Description Quantity Price $Amount TOTAL RENTAL WORK THIS DATE: $ -14S. c¡ (,.p Accepted Report Made By ì A,,/ t/-( ì /' 1 , ," /"'.. / .. ,,J -: f , l..! .' /; f (' ,..~ .J, I :! V ," ~ j L,.:~.~ J',A-.., \' ---.,.. DFI Superintendei1t Owner or Agent Green-Main Office Yellow-Customer Pink-Field Office Gold-Accounting '- ......, INVOICE TO: Address: DICKERSON FLORIDA, INC. RENTAL OR EXTRA WORK AGREEMENT >1·-~~__ì,.\t.....t,,"~ ~'..,.,:'¡;_!' ; ":"".¡ -,:-., _~1,-'·:·::./f' ~.~\., A/,~:_ 4'?"'-P:" ,,~-'1-- DATE: , JOB or P,O, No.: NO, !1 ") 1.:: I) '-¡ t:. ~) 'ì .'" i J , '1 ,/L.'); / ¿:''J '~. '.~;'$ 'I ¡ COUNTY: ~\ ;.,_ \)L. ~~ -¿ LOCATION: >r L.\;,,:.,¡£" /~\..I ~ c,/····· WORK PERFORMED: . 1:"'<,0<;1'1\:" V£¿ . /'l\ c\ I ':~:":Tjo..A ..~ . /".;),.j ,.r".~ t'_¿.~~~·· ') "~~> 1..-::;,( ~Y·i_.~ '.::. ('">'J, .:' ~;:.S- LABOR NO. OF HRS. PER TOTAL RATE $ AMOUNT EMP EMP HOURS Unskilled Laborers ,+... 4~ ì/..¿¡ "'''¡ ....\ 1 ''(,. 4-4·3 , 5"1..... t.' Skilled Laborers Foreman/Supervision L 4 g /",.:),77..- 4.615 f I...I? Survey Crew T'c, t'!"'~Ni.. r " t. P hJ .-:¿::; EQUIPMENT RENTED WITH OPERATOR EQUIP NO. TYPE OF EQUIPMENT HOURS RATE $AMOUNT tj - o LII "\.1; r;:;",,-- \.)..('; ''\:~~'" \.L, r'l. In.. \ 1·0 O¡'- ¡ ,'. ì {) C p-"" I...;, '- ,- p ,.i:.l;;,/i:)<.'}".' :> q,·ð -o~.) 1.. t.; i I')' CJL. ... ''''; r:: -i"Q~"" ,~Y..,.. v h\ t t') , -r' J ,_I ID () ('f.p ""' . ~~ ¡..t'~ .I,~1¡l:J;', , MATERIALS USED: SUPPLIER, DATE, TYPE AND QUANTITY ATTACH DELNERY1JCKETl Description Quantity Price $Amount '~ TOTAL RENTAL WORK THIS DATE: $ ¡ ì <ì~ '3 .4.'0 ........., ,.,,, ! j1 :,.. ,~ ~; !~(,> ,i,{i, . Accepted Report Made By >,,/;:,\ ./ :¡/,rf Owner or Agent t - \ OFI Superintendent Green-Main Office Yellow-Customer Pink-Field Office Gold-Accounting ìr ST LUCIE COUNTY ~ BALEFILL SOLID WASTE STATEMENT 6120 GLADES CUT-OFF ROAD FT PIERCE, FL 34981 (772) 462-1768 Statement Date: 12/01/2004 Account No: 217 MAILING ADDRESS: ST. LUCIE CO, AIRPORT ST. LUCIE CO, AIRPORT 2300 VIRGINIA AVE, BUSINESS ADDRESS: ST. LUCIE CO, AIRPORT ST, LUCIE CO, AIRPORT 2300 VIRGINIA AVE, TIME FT. PIERCE, FL 34982 AMOUNT ,TE /01 129 129 /29 /29 129 129 129 129 '29 '29 '29 '29 '29 '29 '29 '29 12:37 12:3] 12:38 12:38 12:38 12:39 12:39 12:39 12:39 12:39 12:40 12:40 12:40 12:40 12:41 12:41 FT, PIERCE, FL 34982 SITE/TRANSACTlON BALANCE FORWARD ADMIN 1 TICKET #1210 ADMIN 1 TICKET #1211 ADMIN 1 TICKET #1212 ADMIN 1 TICKET #1213 ADMIN 1 TICKET #1214 ADMIN 1 TICKET #1215 ADMINl TICKET #1216 ADMINl TICKET #1217 ADMIN 1 TICKET #1218 ADMINl TICKET #1219 ADMINl TICKET #1220 ADMIN 1 TICKET #1221 ADMINl TICKET #1222 ADMIN 1 TICKET #1223 ADMIN 1 TICKET #1224 ADMINl TICKET #1225 TRUCK DESCRIPTION 1194 MIXED BULK CLA 3224,1 1194 MIXED BULK CLA 3224,3 1194 MIXED BULK CLA 3224.4 1194 MIXED BULK CLA 3224.5 1194 MIXED BULK CLA 3224,6 1194 MIXED BULK CLA 3224.7 1194 MIXED BULK CLA 3224.8 1194 MIXED BULK CLA 3224,9 1194 MIXED BULK CLA 3224,10 1194 MIXED BULK CLA 3224.11 1194 MIXED BULK CLA 3224.12 1194 MIXED BULK CLA 3224:13 1194 MIXED BULK CLA 3224,14 1194 MIXED BULK CLA 3224,15 1194 MIXED BULK CLA3224.16 1194 MIXED BULK CLA 3224.17 TOTAL AMOUNT DUE: $10,240.00 640.00 640.00 640.00 640.00 640.00 640,00 640,00 640.00 640,00 640,00 640,00 640.00 640,00 640.00 640,00 640,00 1~/3d- rf'n-~~:····'·:~ I rœc - 3 2004 ~::~':t..~,:::"::':;L~,::,: .,,;;.:..'...;.,.........·..."'.'.K_'.........n......,.,,................ BALANCE $0,00 640,00 1,280,00 1,920,00 2.560,00 3,200,00 3,840,00 4.480.00 5.120,00 5.760,00 6.400,00 7,040,00 7.680,00 8,320.00 8,960,00 9,600,00 10.240,00 ~,> --.....~ -z,. (" t·~ "J .z q., ~\' / %1' (' , ~ ,01/q' ~,. 5 STATEMENTlS PAYABLE WITHIN 10 DAYS. ASE INCLUDE YOUR ACCOUNT NUMBER ON CHECK OR MONEY ORDER. PAGE 1 OF 1 ;T DUE: /01 /2004) 30 DAYS $10,240.00 60 DAYS $0.00 90 DAYS $0.00 120 DAYS. $0.00 >120 DAYS $0.00 MAILING ADDRESS: ST. LUCIE CO. AIRPORT ST. LUCIE CO. AIRPORT 2300 VIRGINIA AVE. FT. PIERCE, FL 34982 ATE 2/01 2/06 2/06 2/06 2/06 2/06 2/06 2/06 2/08 2/08 1/08 1/08 1/08 1/08 ?l08 ?l08 1/08 1/08 1/08 1/08 1/10 TIME 10:57 10:59 11:49 11:49 11:49 11:50 11:50 09:03 09:04 09:05 15:56 15:56 15:58 15:58 15:59 16:00 16:00 16:02 16:03 15:50 SITE/TRANSACTION BALANCE FORWARD SCALE TICKET #205687 SCALE TICKET #205690 ADMIN1 TICKET #1561 ADMIN1 TICKET #1562 ADMIN1 TICKET #1563 ADMIN1 TICKET #1564 ADMIN1 TICKET #1565- ADMIN1 TICKET #1638 ADMIN1 TICKET #1640 ADMIN1 TICKET #1643 ADMIN1 TICKET #1717 ADMIN1 TICKET #1719 ADMIN1 TICKET #1721 ADMIN 1 TICKET # 1 722 ADMIN1 TICKET #1723 ADMIN 1 TICKET # 1 725 ADMIN1 TICKET #1726 ADMIN1 TIÇKET #1728 ADMIN1 TICKET #1732 ADMIN1 PAYMENT #2085 \'i\~d- S1 LUCIE COUNTY ""'" BALE FILL SOLID WASTE STATEMENT 6120 GLADES CUT-OFF ROAD FT PIERCE, FL 34981 (772) 462-1768 1194 1194 1194 1194 1194 1194 1194 1194 1194 1194 1194 1194 1194 1194 1194 1194 TRUCK DESCRIPTION Statement Date: 01/01/2005 Account No: 217 BUSINESS ADDRESS: ST. LUCIE CO, AIRPORT ST. LUCIE CO, AIRPORT 2300 VIRGINIA AVE. FT. PIERCE, FL 34982 AMOUNT MIXED BULK CLA MIXED BULK CLA MIXED BULK CLA MIXED BULK CLA MIXED BULK CLA MIXED BULK CLA MIXED BULK CLA MIXED BULK CLA MIXED BULK CLA MIXED BULK CLA MIXED BULK CLA MIXED BULK CLA MIXED BULK CLA MIXED BULK CLA MIXED BULK CLA MIXED BULK CLA MIXED BULK CLA MIXED BULK CLA MIXED BULK CLA 999999 TOTAL AMOUNT DUE: $12,294:72 PRECISION PA 711.04 PRECISION PAVING 29 703,68 2243,19 640.00 2243,21 640,00 2243,23 640.00 2243,42 640.00 2243,40 640,00 2248,6 640,00 2248.4 640.00 2248,18 640.00 2247,10 640,00 2247.7 640,00 2247,2 640.00 2247.17 640.00 2243,36 640,00 2247,23 640,00 2247.27 640,00 2247,47 640.00 2247,40 640,00 -10,240,00 1194 1194 115 STATEMENT IS PAYABLE WITHIN 10 DAYS. .EASE INCLUDE YOUR ACCOUNT NUMBER ON CHECK OR MONEY ORDER. ~ST DUE: 1/03/2005) 30 DAYS $12,294.72 60 DAYS $0.00 90 DAYS $0.00 120 DAYS $0.00 BALANCE $10,240,00 10,951.04 11.654,72 12,294,72 12,934,72 13.574.72 14,214,72 14,854.72 15.494,72 16.134,72 16,774,72 17.414,72 18,054,72 18.694,72 19.334,72 19,974.72 20,614.72 21.254,72 21.894.72 22,534,72 12,294.72 t PAGE 1 OF 1 >120 DAYS $0.00 '-" ~ TETRA TECH, INC. Infrastructure Group WHS Operation March 16, 2005 Ms. Barbara Churchill Airport Manager 5t. Lucie International Airport 3000 Curtis King Blvd. Fort Pierce, FL 34946 Dear Barbara: 5T LUCIE INTERNATIONAL AIRPORT RUNWAY 14-32 OVERLAY CONTRACT #03-078 APPLICATION FOR PAYMENT 6 ....., [;:~~~ tIT. "UOI& COU"'1"f. O J.)At~ ) '\ ,.. : ... Tetra Tech has reviewed the attached Application for Payment from Dickerson Florida and concur~'With the quantities contained in the application. This application is the FINAL application for payment under this contract. We recommend payment in the amount of $95,686.58 to the contractor, which includes.release of retainage and finalization of line items. Please note that the contractor's request is somewhat difficult to follow. For instance, line item 8.0 indicates 3609.89 tons installed the current period, which is not correct. However, line items 8,01 and 8.02 reduce the amount by 1,220 tons and 2,389.89 tons equaling the 3,609.89 tons. Line items must be combined to obtain a clear understanding of what the finaLamoofits_heing requeSle_d total. Tetra Tech considers this a bookkeeping method and is in agreement with the final line; therefore, we are accepting the format on the application. ou have any questions or comments, please let me know. / Jò n F Neff Project Engineer JFN/jfn cc: Paul Phillips, 5t Lucie County International Airport Mark Phillips, Dickerson Steven McNeely, Tetra Tech 190 I South Congress Avenue, Suite 150, Boynton Beach, FL 33426 Tel 561,738,0 133 Fax 561.738,6157 1560 North Orange Avenue, Suite 240, Winter Par-k, FL 32789 Tel 407.426.9040 Fax 407.426.9007 www.tetratech.com 2101 North Andrews Avenue, Suite 300, Ft Lauderdale, FL 33311 Tel 954.566.8341 Fax 954.565.5421 460 I Ponce de Leon Boulevar-d, Suite 220, Coral Gables, FL 33 146 Tel 305,663.5777 Fax 305.6615781 '-' ....", LETTER OF TRANSMITTAL DICKERSON FLORIDA, INC. Post Office Drawer 719 Stuart, Florida 34995 TO St Lucie County 2300 Virginia Avenue Ft Pierce< FL 34982 Date: 2-Mar-05 Job No,: 3371 Attention: -SÓ~1'4 NIrFF=" Reference: Contract # 03-078 FIN 412694-1-94-01 Phone: (772) 287-6820 Fax: (772) 287-4660 FOLLOWING ITEMS ARE.".. [X] Attached Copies 1 Job #3371 est #6 REMARKS COpy TO: SIGNED: Selena Dewey file: xIL TRTRANS ?lease Remit To: Dickerson-Florida, ~. P 0 Drawer 719 Stuart, FL 33495 (772) 287-6820 Period Ending: E$-..JTIate No. : Pr~ect # : CONTRACT #03-078 FIN 412694-1-94-01 Feb 28, 2005 6 3371 ================================================================================ ~ALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE: 1. ORIGINAL CONTRACT AMOUNT 2. ADDITIONS TO CONTRACT 3. DELETIONS 4. ADJUSTED CONTRACT AMOUNT TO DATE The goods and/or services as billed hereon have been receIved In the quantity and quallt>¡ stated. iNC_ P.O. # __. $ 1,017,321. 80 72,537.65 242,521.57 $ 847,337.88 Date _ COM a~'_ ~ALYSIS OF WORK PERFORMED: šïgñad 1. COST OF ORIGINAL CONT WORK TO DATE 2. EXTRA WORK PERFORMED TO DATE 3. TOTAL COST OF WORK PERFORMED TO DATE $ 847,337.88 .00 847,337.88 4. LESS RETAINAGE: % 5. NET AMOUNT EARNED ON CONTRACT WORK TO DATE .00 847,337.88 6. BILLED ON PREVIOUS ESTIMATES 7. TOTAL OF THIS ESTIMATE NO. 6 759,421.44 87,916.44 STATUS OF ACCOUNT TO DATE: 1. NET AMOUNT EARNED ON CONTRACT TO DATE 2. LESS PAYMENTS RECEIVED TO DATE EST 5 $ 7770.14 3. BALANCE DUE * EST 6 $87916.44 $ 847,337.88 751,651.30 95,686.58 _ $ =ERTIFICATION OF CONTRACTOR I certify that all items and amounts shown on the face of this estimate no. 6, are correct; that all work has been performed and/or materials supplied in full accordance with the terms and conditions of ST LUCIE COUNTY (Owner) and Dickerson-Florida, Inc. (Contractor), dated Mar 9, 2004; that the items for which payment is requested have not been paid and there is no vendors, mechanics, or other liens or conditional sales contracts which should be satis- fied or discharged before such payment is m de. .. ................................... .......? ~~~D~ ~;~08773 ª f . - . &p¡,. 4I8l2OO8 . æ( fl\: Iancted "" (100)432-4254; ......~:......_~..~. ABan..'nc ¡ Da te: Feb 28, 2005 .................. 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[ ] [ X ] [ ] [ ] Quasi-JD [ Presented By ~ -= t'"\ .J --. .---- .IC ~ Assistant County Administrator Request of Emilio and Uli Gonzales, for final plat approval for the project to be known as UIi Estates Subdivision. This project is located at the northwest comer of the intersection of Silver Oak Drive and Dyer Road. The project consists of 5 residential lots. Board of County Commissioners Growth Management Emilio and Uli Gonzales, has submitted the final plat for the project to be known as Uli Estates SID located at the northwest comer of the intersection of Silver Oak Drive and Dyer Road. NIA On April 22, 2005, through Growth Management Order 05-009, the Assistant County Administrator granted minor site plan approval for the project to be known as Uli Estates SID, Approve the final plat of UIi Estates SID and authorize its final execution, LrE , -, Douglas M. Anderson County Administrator CJ DENIED Approved 5-0 ;it County Attorney Originating Dept.: Finance: Coordination! Signatures Mgt. & Budget: ~ Environ. Res. Div. ~ Purchasing: Other: '-' 'wi Commission Review: May 3, 2005 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM To: Board of County Commissioners From: Assistant County Administrator Date: April 27, 2005 Subject: Petition of Emilio and Lili Gonza1es, for final plat approval for the project to be known as Lili Estates Subdivision. On April 22, 2005, through Growth Management Order 05-009, the Assistant County Administrator granted minor site plan approval for the project to be known as Lili Estates SID. The project is located at the northwest corner of the intersection of Silver Oak Drive and Dyer Road. The project consists of 5 residential lots. It has been determined that this plat meets all applicable provisions of the St. Lucie County Land Development Code and Chapter 177, Florida Statutes. In accordance with the provisions of Section 11.03.03(D) of the St. Lucie County Land Development Code, this office is requesting that the Board approve the final plat for the subdivision to be known as Lili Estates Subdivision and authorize its execution. Please contact this office if you have any questions on this matter. SUBMITTED: ~ r-- 'Î ~ =::> Faye Outlaw Assistant County Administrator cc: Emilio and UIi Gonzales Ron Harris, County Surveyor File ~ ....., r·-~"T~"--- ~ t r I ~ I ~ i- I z¡t I I ; I ... ,~ &", , ' W I Wt.. ~.....;,_: ¡ ~ "'I '.. I! ~, I ¡, ..! s; ~ III' r Ii" ! ~ q: I ¡j II i . , ! ':!I ,. r! II Cl. ,. ~:::I uh w le~; 'I ¡~~ '''11, '-.""" ~ 2~ ,I :tll !I I ::i ~N~a ,) 'iO ~~^lJC; ~ i' ð iJ·U'illl I A .0.... ,........ I .. ~ I ~1.8 ð I I· - .-------¡ . ------ ·-----.;;':wir·ü-.;z.ë'./i...;;,¡;.~ü-.;:¡-.õ¡,¡;i.W::· ------------------ .----- ..'·---f-- -]. r-~';·:;"V~:,:;. -, Jiliil'¡: g ! HIa.-cIØ.....~Å\'II;iI)~u.-. _~,.. ..v.,~__ ~ .. "';1111; r- I T, ~.." 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I I ,,~ ~I!, 1 110 i+, ,; «, I~ I! ,8 -; II e f ~ ,i I~ ~ ~ R~þil ~ II ~jí liã¡I!;~ 11=1 ,. f'~ ~I! &1; 1; II :1~ ;¡P;~ ~ I! il ~!~ (¡ì\X! .. ~~,~ I I I 'I~ c ,; i rllj , j. ·1' & I ¡ l.t IIR f I' 16~" . ~. ¡¡:II; '\" ~ 3" ~ m¡ I~ I ~II~~ ~;~ U ~ ¡ ~~ ¡Ii: I:: ~ f I ¡Iii: ::. Ii ¡ ¡'- ~t ¡ J~i i, æ~;! :;1 ~~\¡: !! iij!:~ I~!i,~~ ¡! m ~!IIII§S ~! !¡;~ II!~I j!!~ I;i~! !!{!~ II}" Iii ~nln II:~ !! j~ ~:'I ii: r-l~~r- ~, as '" F.~II' a" .1 h' ~';~!W .~tj all I 13~¡¡1 ,~tlt I I fIb ,·3 I i; a' W,¡i!i d: \ N . [j ~:I~!lliI~ I ~i ~ÎJ Ii~ ,i ãi :¡JI ~Š!! ã' ~ íõ I Ij ~l I Iii ~i :~~ 2 ; d ~Ü~:! - ''1 ~!Ii . I ' u ... J.! . ¡ __~ .·.·4_·.··_ ø,' ." To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: ;...j..-, COMMISSION ACTION: ~ APPROVED C:=J OTHER Approved 5-0 County Attorney Originating Dept.: Finance: '-' 'wf/. Agenda Request Item Number Date: 'òß 05103105 Consent Regular Public Hearing Leg. [ ] [ X ] [ ] [ ] Quasi-JD [ ] prese~ BS ~~ --~ Assistant County Administrator Request of Joseph G. Miller, for final plat approval for the project known as Carlton Country Estates Subdivision. This project is located on the east side of Ideal Holding Road, approximately 0.75 mile south of Okeechobee Road. The project consists of 24 residential lots. Board of County Commissioners Growth Management Joseph G. Miller, has submitted the final plat for the project to be known as Cariton Country Estates SID located on the east side of Ideal Holding Road, approximately 0.75 mile south of Okeechobee Road. NIA On January 20, 2004, through Resolution 04-008, the Board of County Commissioners granted Preliminary and Final PUD approval for the project to be known as Carlton Country Estates SID. Approve the final plat of Cariton Country Estates SID and authorize its final execution. D DENIED J: Coordination! Signatures Mgt. & Budget: ~ Environ, Res, Div. ~ Purchasing: Other: -, '-' ...., Commission Review: May 3, 2005 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM To: Board of County Commissioners From: Assistant County Administrator Date: April 27, 2005 Subject: Petition of Joseph G. Miller, for final plat approval for the project to be known as Carlton Country Estates Subdivision. On January 20, 2004, through Resolution 04-008, the Board of County Commissioners granted preliminary and final planned unit development approval for the project to be known as Carlton Country Estates SID. The project is located on the east side of Ideal Holding Road, approximately 0.75 mile south of Okeechobee Road. The project consists of 24 residential lots. It has been determined that this plat meets all applicable provisions of the St. Lucie County Land Development Code and Chapter 177, Florida Statutes. In accordance with the provisions of Section 11.03.03(D) of the St. Lucie County Land Development Code, this office is requesting that the Board approve the final plat for the subdivision to be known as Carlton Country Estates Subdivision and authorize its execution. Please contact this office if you have any questions on this matter. SUBMITTED: Faye Outlaw Assistant County Administrator cc: Joseph G. Miller Ron Harris, County Surveyor File '-' ...."", ", t , ~..-:--:,--;----,,:_..._.__.__..-.:-::-... .-:--:- i I ' " I I I! L .~ I ~ I L ..--.---.-.-......'...--..-.... ..... .--. . .,. ., _......4....__.. .__._ _p, .. .p._._.___._.___....____. _. __.._ .r._ _...._.___ ... _. '..._." _ _.. . __.. ._.._. _ "_~" ¡j'!!¡¡¡ j' ;~ i(iC ;- I".~,: ~ . z..' I ~:i!I';' ~ t ¡ . I ,a In ill 11 !,~I in I I! · I~ ~ I :; r :.:¡ f: hd 1 'Ii! I j J ¡ ·1 I i i~ iI, f: I!J -I Ii! .! 11 f != I~ ¡i d j ~ H 'J Jg :1 t~ 11 II 11 t . 11/11 13 I· ~g Ii ~I 'J ,IU ,:-,is ni! :!~'t "'$~. 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J(.~~'..-:t. ::,' ! .! ~ .. ·"'!'·I·'!....~.. .. ·__n·. "" 4.' ~ ..... ", ';' ,'~h ~,~ ;:! . ""'~'~. '¡'_u :~'''_,';;-'~; ;,,¡,:~ :"I.",., ~:. ! .·tI ~, :ì~·t- ,~,. , :; ¡ " -i' i tf:'~': .:~_.;, :o--:':j:I~·;:.i::r... :' ~:: . ... , ¡, !: .. . .J ~ .?T:.7 .. 1£ ì I I i I I I I I I I :/ I I I 'I I I I I I I .1 ,I I \ '-' "'" AGENDA REQUEST ITEM NO. q DATE: May 3,2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] INVESTMENT FOR THE FUTURE TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MClAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: PURCHASE AND INSTAllATION OF FLOORING FOR FINANCE AND MANAGEMENT & BUDGET/ROGER POITRAS BUilDING. BACKGROUND: SEE A TTACHED MEMORANDUM FUNDS AVAil: 316-1931-599300-100 (Central Services Project Reserves) FUNDS Will BE MADE AVAil: 316-1931-546200-1526 (Administration Annex Projects) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the use of available Investment For the Future funds (Central Services Project Reserves) in the amount of $10,000.00 toward the purchase and installation of floor covering for Finance and Management & Budget, for a total cost of $43,918.10 through Collins & Aikman Floorcovering, State Contract #360-240-00-1. MlSSION ACTION: [](I APPROVED [] DENIED [ ] OTHER: Approved 5-0 CE: v Coordination/Signatures Mgt. & BUdget:~ ~ Other: Dou Anderson County Administrator Purchasing Mgr.: ø ~ County Attorney: Originating Dept: Other: Finance: (Check for Copy only, if Applicable) Eft, 1/97 H:\AGENDA\AGENDA-43 RP-FINANCE FLOORING. DOC , ~ þ ~ ...., MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: May 3, 2005 SUBJECT: PURCHASE AND INST ALLA TION OF FLOOR COVERING FOR FINANCE AND MANAGEMENT & BUDGET/ROGER POITRAS BUILDING. ****************************************************************************** BACKGROUND: Investment For the Future funds in the amount of $34,000.00 were budgeted FY 04-05 (CSCIP05-012), for the purchase and installation of flooring for Finance and Management & Budget, located in the Roger Poitras Building. To accomplish this task, Collins & Aikman Floorcoverings, Inc., through State of Florida Contract #360-240-00-1, submitted a proposal for the following: · Floor covering/Purchase & installation for Finance: $31,328.00 · Floor covering/Purchase & Installation for Management & Budget: $12,590.10 · Total cost $43,918.10 ( please see attached proposals). IFF funds in the amount of $10,000.00 (Central Services Project Reserves) are available and staff would like to use these available funds for the installation of floor covering for these two departments. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the use of available Investment For the Future funds (Central Services Project Reserves) in the amount of $10,000.00 toward the purchase and installation of floor covering for Finance and Management & Budget, for a total cost of $43,918.10 through Collins & Aikman Floorcovering, State Contract #360-240-00-1. ---- . , APR 04 '05 08:08AM COLLINS & AIKMAN ~ '-' .., COLLINS & AIKMAN floorcoverings, ~~. 1735 Cleveland Hwy. Dalton GA 30721 706-259-2638 fax 800-241-4902 ext. 2008 phone E-mail: cwilkins@powerbond.com FAX· To: Company Tel: Fax: Mr. Jerry Flynn/Mr. Davo Johnson St. Lucie County 772462..1430 772-462-1444 From: Date: Pages: Cindy Wilkins April I, 2005' 3, including cover CWH0570 RE: St. Lucie County, Finance Department cc: Mr, Scott Markham Neal Hayes Fax # 407-708-5888 352-365..8329 Urgent Please Reply X PI~ase Recycle P.4 NOTES: Please find the, cElipet proposalfor the above-mentioned project. Feel free to contact me with any questions or concerns. It is a pleasure for C & A to serve you. Cindy Willdns Source One Account Coordinator RPR 04 '05 0S:08RM COLLINS & RIKMRN '-' April 1,2005 Mr. J crt)' Flynn/MJ'. Dave Johnson St. Lllcie County Fort Pierce, FL ...., P.5 I' COLLINS & AIKMAN floorcov~rings, Inc. I . 1735 Cleveland Hwy. Dalton GA 30721 ¡ 706-259-2638 fax 800-241-4902 ext. 20Ó8 phone PHONE: 772-462~1430 I FAX: 772-462~1444 CTRL# CWH0570 , RE: Proposal for St. Lucie County, Flnance Department Effective 06/01/2000 , , FederallD #~8-21S1OÓl State of Florida Contract #360-240..00-1 Vendor: Collins & ¡\ikman Floorcoverings, !p.c. Installation partner: Florida Business Imerlors, Inc. ! ' DoaI' Mr. Flynn/Mr. Johnson: Collins and Aikman is pleaSod to provide the following quotation for the above referencbd facility. SCOPE OF WORK: Labor Carpet Reroova1lDisposal (Glued-Down Foam Ba.ck.ed) Furniture Moving 6" Roppe 8td Vinyl Cove Base Transition Floor Prep, Sca:rify & Patch NightlWeekend Labor Armstrong Mannotte Sheet Vinyl- F &. I Assurance Upgrade Camoi1oUgled Welded SeamS Dense Pack 300 sly @ 300 sly @ 720 1ft @ 601ft @ 11,600 ea @ 300 sly @ 300 sly @ 1,500 ea @ 2,482 ea @ 1 Job @ $ 3.~0 $ 2,~0 $ 1.$8 $ 1.54 $ 1.~O $ 1.95 $ 35,50 $ 1.'05 $ 1.00 I $ 750,¡OO TOTAL J I ! ' $ 1;'080.00 $ 630.00 $ '993.60 $ : 92.40 $ 12?760,OO $ 315.00 $ 1O~650.00 $ 1·,575.00 $ 2,482;00 $ 750.00 S 31;,328.00 NOTES: 1, Estimated from: Quantities provided by Florida Business Interiors, Inc.; 2. All Electrical Equipment Computers, etC. To Be Removed By Owner : ' 3. LooseFilos, Desk Top Items, BookCases, etc. To Be Boxed By Owner, Moved an4 Replaced ,By FBI EXCLUSIONS: Dumpster Cost Resilient Flooring Prefonned Comers l'rotection Of Existing Floors Sales Tax Bonding Cost Border Carpets Stair Materials . Cleaning/W axing of Resilie Attic Stock Mats:: , Unscheduled Trip Charges I , " - . APR 04 '05 08:08AM COLLINS & AIKMAN 'w "'wI Page 2 St. Lucie County, Finance Department TERMS OF PAYMENT: (Subjectto Credit Approval) '* All1nvoices - Net 30 Days pursuant to the State ofF1orida ContraCt renewal effective 5-31-03, current price increases are reflected above. Pursuant to the pamal Payment clause in the State of Florida Contract #360..240-00-1, we will be forwarding an invoice for 80% of the total purchase order amount to you wh~ material ships. Upon fiw completion ofilie project, you will be invoiced for the remainder of the project a!tlount. Any wo1k not included in the above scope of work will require a signed change order be~re worl.c. can be performed. ; Additional floor preparation may be required as a result of an unforeseen condition ofth~ floor. Costs associated with this floor preparation will be negotiated on ajob to job basis. ¡ Our product performs best when installed on floors that are free of DIRT, OIL, PAINT:AND EXCESSIVE MOISTURE. Floors that have moisture rea.dings greater than 3.0 Ibs per 1.000 square feet in 24 hours will not meet specificarion and will require further curing time or treat:n).ent prior to ca.¡pet instsllation. . Please note that C&A is a made to order carpet mill and we cannot BEGIN production of any order until we have a Purchase Order, or a FUUY EXECUTED Contract in house. ! Note that normal lead times are as follows: Fast Track Carpets. 2 weeks plus shipping' (uP to 1 SOO sly per color); Running Line Carpets, 6 weeks plus shipping: ¡ Custom Carpets, 8 weeks plus shipping. Lead times are approximàte al1d do not start until after the PQ or Fully Executed Contract is received. C&A re",,"""ends only wet scraping or mechanical removal. of all ¡lon.,.uerbasod a<IhI>s\~s. The use of any chemical stripping agents such as those commonly used in asbestos abatÐ111ep.t will require additional steps to be taken prior to insta1htion.ofàny C&ð. product.· PleÍtSe contact CM Technical Services Departm~ntat 800/241-4902, &:Ai, 2129 for more details: ' Pleasð indicate your acceptance oHhis proposal by returning your signed purchase ord~r, or fully executed contraCtto CindyWùkins, Account Coordinator, via faxtå706-259-2638. ' Should you have questions, please call me at 800/241-4902, exwnsion 2008. Thank you for considering Collins & Aikman tloorcoverings. Sincerely, COLLINS & AIKMAN FLOORCOVERINGS, INC. Cindy Wilkins Cindy Wilkins Account Coordinator Source One P.6 , I I ; I -;y- . .~., :~ ; ::: APR 21 '05 08:44AM COLLINS & AIKMRN r-'..l '-" "wi COLLINS & AIKMAN jloorcoverings, Inc. 1735 Cleveland Hwy. Dalton GA 30721 706-259..2638 fax 800-241-4902 ext. 2008 phone E-mail: cwilkins@powerbond.com FAX To: Company Tel: ' Fax: Mr. David Johnson St. Lucie County 772-462-1432 772-462-1444 From: Date: Pages: Cindy Wilkins April 21, 2005 3, including cover CWl10789 RE: St Lucie County, OMB Offices in Poitras cc: Neal Hayes Mr. Scott Markham Fax # 352-365-8329 954-586-0582 Urgent . Please Reply x: Please Recycle NOTES: Please find the carpet proposal for the above-mentioned project. Peel free to contact me with any questions or concerns. It is a pleasure for C & A to serve you. Cir).d Y Wilkins Source One Account Coordinator "-" APR 21 '05 08:44AM COLLINS & AIKMAN ......, COLLINS & AIKMAN floorcuverings, Inc. 1135 ClevelandHwy. Dalton.GA30721 706.259-2638 fax 800-241-4902 ext. 2008 phone Apri1 21, 2005 Mr. David Johnson St. Lucie County Fort Pierce, FL PHONE: 772.462-1432 FAX: 772-46241444 CTRL# CWH0789 RE: Proposal for Sf. Lucie County, OMB Offices in Poü,as State of Florida Contract #360-240-00-1 Vendor: Col1jns & Aikman Floorcovcrings, Ino. Installation Partner: . Florida Business Interiors¡ Inc. Dear Mr. Johnson: Effective 06/0112000 Federal ID #58-2151061 Collins and Aikman is pleased to pIovide the following quotation for the abo-ve rcferC11Ccd facility. SCOPE OF WORK: Commodity #:360-240-180.0160 Carpet Material Collins & Aikman Powcrbond Style Color # Martinique MKl RS 38405 Labor Carpet RemovallDisposal (Glued Down) Furniture Moving 4 II Standard Vinyl Cove Base Transition Floor Prep, Scarify & Patch Night/Weekend Labor Dense Pack (C&A MKI RS) Color Name Kingston 315 sly @ $ 26.58 $ 8,372.70 300 sly @ $ 3.10 $ 930,00 300 . sly @ $ 2.10 $ 630.00 720 1ft @ $ 1.25 $ 900.00 60 1ft @ $ 1.54 $ 92.40 1 Job @ $ 775.00 S 175,00 300 sly @ $ 1.0S $ 315,00 1 Job @ $ 575.00 $ 575.00 TOTAL $ 12,590.10 NOTES: 1. Estimated D:om: Quantities Provided by Florida Business Interiors, Inc. 2. All Electrical Equipment Computer etc. To Be Removed By Owner. 3. Loose Files, Desk. Top Stuff, Book Cases, Etc, To Be Boxed By Owner And To Be Moved And RepI3.ced By FBI. EXCLUSIONS: Dumpster Cost Resilient Flooring Pref01Illed Corners Protection Of Existing Floors Sales Ta~ Bonding Cost Border Carpets Stair Materials CleaninglWaxing of Rcsili Attic Stock Mats Unscheduled Trip Charges P.~ i' ,. APR 21 '05 08:45AM COLLINS & AIKMAN fJ.::I '-' "-ttI St Lucie County, OMB Offl.Ces in Poitras TERMS OF PAYMENT: (Subject to Credit Approval) * All Invoices.. Net 30 Days Page 2 Porsuantto the State ofF1onda Contract renewal effective 5-31-03, current price mcrc8Ses are reflected above. Pursuant to the Partial Payment clause in the State of Florida Contract #360-240-00-1, we will be forwarding an invoice for 80% of the total purchase order amount to you when material ships. Upon ñnal completion of the project, you will be invoiced for the remainder of the project amount. Any work not included in the above scope of work will require a signed chmge order before work can be perfonned, Additional tloor preparation may be required as a result of an unforeseen condition of the floor. Costs associated wi1h this floor preparation will be negotiated on ajob to job basis. Out product perfonns best when instilled on floors that are free of DIRT, On.., PAINT AND EXCESSIVE MOISTURE, Floors that have ~oisture readings greater than 3.0 lbs per 1,000 square feet in 24 hours win not meet specification and will require further curing time or 1reatment prior to carpet installation. Please note that CM is a made to order carpet mill and we cannot BEGIN production of any order tlntil we have a Purchase Order, or a FTlLLY EXECUTED Contract in house. Note that normal/ead times are as follows: Fast Track Carpets, 2 weeks plus shtpping (up to 1 J 00 stY per color),- Running Line Carpets, 6 weeks plus shipping; Custom Carpets. 8 weeks plus shipping. Lead times arB approximate and do not start until after the PO or Fully Executed Contract is received C&A recommends only wet scraping or mechanical romoval of all non-waterbased adhesives. The use of any chemical stripping agents such as those commonly used in asbestos abatement will, require additional steps to be taken prior to instaUation of any C&A product. Please contact C&A Technical Services Department at 800/241-49021 ext. 2129 form.ote details. - Please indicate yoUt acceptanoe of this proposal by retuming your signed purchase order> or fully executed contract to Cindy Wilkins, Account Coordinator, via fa.,x to 706-259-2638. ' Should you have questions, please call me at 800!241p4902, extension 2008. Thank you for considering Collins & Aikman tloorcoverlngs. Sincerely, COLLINS &. AIKM:AN FLOORCOVERINGS, INe. Cindy Wí/~ins Cindy Wilkins Account CoordinatOr Source One . 'f/ ''\,. '- ""-" ITEM NO. C10 DATE: Mav 3.2005 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBJECT: Consultant Agreement with Innovial, Inc. ~ SUBMITTED BY (DEPT): ADMINISTRATION BACKGROUND: See attached memorandum FUNDS AVAILABLE: Funds will be made available in Acct. No. 001-1210-531000-100 from Contingency Acct. No. 001-9910-599100-800 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the Consultant Agreement with Innovial, Inc., in the amount of $24,000 for a feasibility study to determine whether a business incubator will work in St. Lucie County, and authorize the Chairman to sign the Agreement. ~ APPROVED o OTHER: o DENIED CONCURRENCE: Lß - Dóuglas Anderson County Administrator COMMISSION ACTION: Approved 5-0 Review and Approvals o County Attorney: o Management and Budget: o Purchasing: o Originating Dept: o Other: o Other: o Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the Sf. Lucie County Community SeNices Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting, '-' ......, COUNTY ADMINISTRATION MEMORANDUM 05-52 TO: Board of County Commissioners FROM: Douglas M. Anderson, County Administrator 4 DATE: April 28, 2005 RE: Consultant Agreement with Innovial, Inc. Backqround: Attached is a copy of a Consultant Agreement with Innovial, Inc. to conduct a feasibility study to determine whether a business incubator will work in St. Lucie County. The proposed compensation is a lump sum amount of $24,000. The work will be completed by July 30, 2005. Upon Board approval, funding will be made available in Account No. 001- 1210-531000-100 from Contingency, Account No. 001-9910-599100-800. Recommendation: Staff recommends that the Board approve the consultant Agreement and authorize the Chairman to sign the Agreement. DMAlab 05-52 .- '-' '-' BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: County Administration PREPARED DATE: 4/28/2005 AGENDA DATE: 5/3/2005 TO: 001-1210-531000-100 Professional Services $24,000 FROM: 001-9910-599100-800 Contin enc REASON FOR BUDGET AMENDMENT: Consultant fees for a feasibilit whether a business incubator will work in St. Lucie Coun . CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: $535,868 $24,000 $511 ,868 DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: ,f--'f O:~ tîtl.lÍí!~ BA05-157 $24,000 If 'V '-' "'" CONSULTANT AGREEMENT +~ THIS AGREEMENT, made and entered into this ~ day of April, 2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the IICountyll, and INNOVIAL, INC., 5044 N. Highland Street, Tacoma, Washington 98407, hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, the County desires to retain the professional services of the Consultant to develop a feasibility study and business plan as more specifically set out in Exhibit "A". WHEREAS, the Consultant desires to provide the County with such services. NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties intending to be legally bound, hereby agree as follows: 1. GENERAL SCOPE OF THIS AGREEMENT The relationship of the Consultant to the County will be solely that of a consultant. The Consultant is an independent contractor and is not an employee or agent of the County. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Consultant, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Consultant will provide the professional and technical services required for the successful completion of this Agreement in accordance with practices generally acceptable within the industry and good ethical standards. 2. SCOPE OF WORK The scope of work to be performed by the Consultant under this Agreement is set out in Exhibit "A". g: \atty\agreemnt \Innovial -1- · . '- "'" 3. PROJECT MANAGER The Project Manager for the County is Douglas M. Anderson at (772) 462-1450. The Project Manager for the Consultant is Jamie Beletz at (253) 284-0004. The parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. The Project Manager, however, has no authority to approve or execute Change Order work. 4. TIME OF PERFORMANCE The Consultant shall begin on or before June 1, 2005 and shall complete the scope of work on or before July 30, 2005. 5. . COMPENSATION The Consultant shall be compensated for all services rendered under this Agreement as follows: Twenty-four thousand and 0/100 ($24, 000.00) dollars as a lump sum, including expenses. The Consultant shall submit a monthly invoice to the County based on the percentage of work completed. All invoices presented to the County for payment shall be on a Request for Payment form approved by the County. 6. DEFAULT; TERMINATION A. FOR CAUSE If the Consultant fails to fulfill its obligations under this Agreement in a timely and proper manner, the County shall have the right, but not the obligation, to terminate this Agreement by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the Consultant fails to correct the deficiency within this time, this Agreement shall terminate at the expiration of the seven (7) calendar day time period. g: \atty\agreemnt\Innovial -2- · - .,-, ~ With regard to The Consultant, the following items shall be considered a default under this Agreement: (1) If the Consultant should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Consultant should persistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to provide the services contemplated by this Agreement. (3) If the Consultant disregards laws, ordinances, or the instructions of the Project Manager or otherwise is guilty of a substantial violation of the provisions of the Agreement. In the event of termination, the Consultant shall only be entitled to receive payment for work satisfactorily completed prior to the termination date and does expressly waive, in the event of termination, any and all claims for consequential damages, loss of bonding capacity, destruction of business, unabsorbed home office overhead, lost profit and the like. B. WITHOUT CAUSE The County may terminate the Agreement without cause at any time upon fifteen (15) calendar days prior written notice to the Consultant. In the event of termination, the County shall compensate the Consultant for all authorized work satisfactorily performed through the termination date. Upon such termination, the Consultant waives anydaims for damages from the termination without cause, including without limitation, any and all consequential claims as set forth above, and as the sole right and remedy of the Consultant, the County shall compensate the Consultant for all authorized Work satisfactorily and responsibly completed through the termination date. 7. FORCE MAJEURE Neither party shall be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its reasonable control (financial difficulty shall not be considered a cause beyond a party's control), all of which causes herein are called "Force Majeure", including, but without being limited to, strikes, lockouts, or other industrial disturbances; fires; unusual climatic conditions; acts of God; acts of a public enemy; or inability to obtain transportation or g: \atty\agreemnt\Innovial -3- ~ ...., necessary materials in the open market. The party unable to perform as a result of force majeure promptly shall notify the other of the beginning and ending of each such period, and County shall compensate Consultant at the rates set forth herein, for the services performed by Consultant hereunder, up to the date of the beginning of such period. If any period of force majeure continues for thirty (30) days or more, either party shall have the right to terminate this Agreement upon ten (10) days prior written notice to the other party. 8. ASSIGNMENT The County reserves the right to freely assign this Contract. The Consultant, however, shall not assign this Contract to any other persons or firm without first obtaining County's written approval. In addition, the Consultant shall not have the right to assign any or all of its rights and interests under this agreement to any subsidiary or parent company, or any successor to its business through merger, consolidation, voluntary sale, or transfer of substantially all of its assets without the express written consent of the ,County. For purposes of this paragraph, a transfer of substantially all of its assets shall be deemed to occur when the owner(s) of more than 50'Yo of the proprietary interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entity. Any attempt to effect an assignment without County's prior written consent shall be deemed a default subject to the remedies provided herein. 9. SUBCONSUL T ANTS AND SUBCONTRACTORS In the event the Consultant requires the services of any subconsultant, subcontractor or professional associate in connection with the services to be provided under this Agreement, Consultant shall secure the written approval of County Project Manager before engaging such subconsultant, subcontractor or professional associate. 10. AUDIT The Consultant agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Consultant involving transactions related to this Agreement. The Consultant agrees that payment(s) made under this Agreement shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Agreement. The Consultant shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit g: \atty \agreemnt\Innovial -4- '- ...., is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 11. PUBLIC RECORDS The Consultant shall allow public accesS to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Consultant in conjunction with this Agreement. 12. INDEMNIFICATION The Consultant covenants and agrees at all times to save, hold, and keep harmless the County, its Officials, Employees, and Agents, and indemnify the County, its Officials, Employees, and Agents, against any and all claims, demands, penalties, judgments, court costs, reasonable attorney's fees, and liability of every kind and nature whatsoever to the extent arising out of or in any way connected or arising out of the Consultant's performance of this Agreement. Only those matters which are determined by a final, non-appealable judgment to be the result of the negligence of the County or the negligence of a third party who is not an agent, employee, invitee, or subcontractor of the Consultant shall be excluded from the Consultant's duty to indemnify the County, but only to the extent of negligence of the County or such third party. The Consultant hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification herein provided. 13. PROHIBITION AGAINST CONTINGENT FEES The Consultant warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Agreement. 14. NON DISCRIMINATION The Consultant covenants and agrees that the Consultant shall not discriminate against any employee or applicant for employment to be employed in the performance of the Agreement with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. g: \atty \agreemnt \Innovial -5- "-' ....." 15. VERIFICATION OF EMPLOYMENT STATUS The Consultant agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of this Agreement. 16. NOTICE All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce,. Pierce, FL 34982 With A Copy To: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce,. Pierce, FL 34982 As To The Consultant: Innovial, Inc. 5044 North Highland Street Tacoma, Washington 98407 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 17. COMPLIANCE WITH LAWS The Consultant, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The County undertakes no duty to ensure such compliance, but will attempt to advise Consultant, upon request, as to any such laws of which it has present knowledge. g: \atty\agreemnt\Innovial -6- '. "-' ~ 18. TRUTH-IN-NEGOTIATION CERTIFICATE Execution of this Agreement by Consultant shall act as the execution of as truth-in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete and current at the time of execution of the Agreement. The original Agreement rates and any additions thereto shall be adjusted to exclude any significant sums by which County determines the Agreement rate(s) waS increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such rate adjustments shall be made within one year following the end of this Agreement. 19. NON-WAIVER The rights of the parties under this Agreement shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 20. CONFLICT OF INTEREST The Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes. The Consultant further represents that no person having any interest shall be employed for said performance. The Consultant shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Consultant's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Consultant may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Consultant. The County agrees to notify the Consultant of its opinion by certified mail within thirty (30) days of receipt of notification by the Consultant. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Consultant, the County shall so state in the notification and the Consultant shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Consultant under the terms of this Agreement g: \atty\agreemnt\Innovial -7- , ~ ~ ....., 21. LITIGATION SERVICES It is understo'od and agreed that the Consultant's services under this Agreement do not include any participation, whatsoever, in any litigation. Should such services be required, a supplemental agreement may be negotiated between the County and the Consultant describing the services desired and providing a basis for compensation to the Consultant. 22. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carryon the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending a final resolution of the dispute, including, if necessary, any determination by a Court of competent jurisdiction. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneouS as to necessarily imply bad faith, or not be supported by substantial evidence. 23. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 24. INTERPRETATION: VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be g: \atty\agreemnt\Innovial -8- .. ~ ""'" exclusively in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted I made and executed this Agreement in counterparts each of which shall be treated as an original upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY BY: Prin Title: ':pres J dA' /}-f- g: \atty\agreemnt\Innovial -9- 10 ~ ""fII" Scope of Work . Conduct a feasibility study to determine whether an incubator will work in St. Lucie County, Florida, The Feasibility Study shall include the following components: 1. Market analysis 2. Real Estate Assessment 3,Business Assistance needs, wants 4, Development financials 5, Operational financials 6. Identification oflead organization 7. Capital needs of client companies, opportunities to meet those needs. 8, Identify grant programs that would fund the design and construction of an incubator, · Determine if a business incubator would survive and prosper in a particular context · Determine if a business incubator would further the economic and community development goals of the area. · Include a business plan. EXHIBIT "A"