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Agenda Packet 10-05-04
'\. " ~ ...J CåUNTY ~! FLORIDA .. OCTOBER 5, 2004 6:00 PM BOARD OF COUNTY COMMISSIONERS MEETING 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 asks anyone wishing to speak 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 ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup 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 workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. f~OU~1'( ßOþ.~I>~SS\OÑ£.RS C~ "" D\str\ct No. '3 D\str\ct No. \ D\str\ct No. 2 D\str\ct No. <\ D\str\ct No. 5 . Cha\rman \>au\a p... \.eW\S, \I\ce Cha\rman 10hn D. Bruhn, DoUg Coward. frannie Hutch\nson CUff Barnes October S, 2004 6:00 \> .M. \N\lOCA T\ON \>\.EDGE Of A\.\.EG\ANCE 1 \" M\NUT~ . ,\_ 8 2004 ¿> 0 <1\( (" A the minuteS of the meeting he\d on September 2 I . fj ~~" pprove 2. PROCLAMATIONS/PRESENT A TIONS A. Reading of the announcements by the County Aiministrator 3. GENERAL PUBLIC COMMENT 4. SA. , .t t· f~~G\j .' '" ',- \ V \ CONSENT AGENDA ì'., !, ~. : " , , II" ' COUNTY ATTORNEY II C:(,V\~\~ l~'S" .3 ~M;+ì(/)\S ,- PUBLIC ~RINGS Petition for Abandonment - Abandon a Drain:/Utility Easement locat d Block 173-A, Lakewood Park Unit 12A - ReJtion No. 04-262 _ C~n ?n the South side of Lot 9 - approve Resolution No. 04-262, instruct st¿ to publish the final N ~Jder staff recommendation to Resolution 04-262, Proof of Publication of the )tic of Public Hear' P otlCe of Abandonment record of Abandonment in the Public Records of St. Lœ Gunty, Florida. 109, roof of Publication of th~ Notice PUBLIC WORKS ') i r ( r;d.? ~ ,¡\ u \ Public Hearing to review the application reques'¡of Bay , H~I(( North Plant) for a Mining Permit (Renewal). "is requ~ to lOgS, LLC (Florida Rock Industr' permit for a period of twenty years. - Considel staff recCond~~~k Board approval for a ClassJ~S, I~c: - for twenty years to be updated every 24 montttS subject tÖ'ial on to approve a Class II ro' . I mmmg conditions as outlined mmg permit END OF PUßLlC HEARn . SB. \. 6. COUNTY ATTORNEY Resolution No. 04-191 - Solid Waste Rate Resolution - ConsidE:. Resolution No. 04-191 and authorize the Chairman to sign the Recommendation to d '. a Opt ~ BOARD OF~OUNTY COMMISSIONERS www.co.st-Iucie. fLus Paula A. Lewis, Chairman John D. Bruhn, Vice Chairman Doug Coward Frannie Hutchinson Cliff Barnes District No. 3 District No. 1 District No. 2 District No. 4 District No. 5 October 5, 2004 6:00 P.M, INVOCATION PLEDGE OF ALLEGIANCE 1. \ MINUTES ~~~;3'" Approve the minutes of the meeting held on September 28, 2004. 2. PROCLAMATIONS/PRESENTATIONS A. Reading of the announcements by the County Administrator 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA n - f¡-t ¡; 1\ « (, VI '=e (\ ~ T~C:)I.:5 .3 þ.~'+ì(/)\S PUBLIC HEARINGS SA. ,\ t" ~ ~-<>- \; ~ f~( COUNTY ATTORNEY ), Petition for Abandonment - Abandon a Drainage/Utility Easement located on the South side of Lot 9 - Block 173-A, Lakewood Park Unit 12A - Resolution No. 04-262 - Consider staff recommendation to approve Resolution No. 04-262, instruct staff to publish the final Notice of Abandonment, record Resolution 04-262, Proof of Publication of the Notice of Public Hearing, Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County, Florida. SB. \ PUBLIC WORKS v\~ d' ¡, I', nf·,.: ~ií I 'iii, y.'- ',.... ; ,/ t}: \l. ~---' Public Hearing to review the application request of Bay Hill Holdings, LLC (Florida Rock Industries, Inc. - North Plant) for a Mining Permit (Renewal). This request is to seek Board approval for a Class II mining permit for a period of twenty years. - Consider staff recommendation to approve a Class II mining permit for twenty years to be updated every 24 months subject to special conditions as outlined. END OF PUBLIC HEARINGS 6. COUNTY ATTORNEY Resolution No. 04-191 - Solid Waste Rate Resolution - Consider staff recommendation to adopt Resolution No. 04-191 and authorize the Chairman to sign the Resolution. .... '-' ~ CONSENT AGENDA OCTOBER 5.2004 1. WARRANTS LISTS Approve warrants list No. 54 and 55. 2. COUNTY ATTORNEY A. Florida Communities Trust - Ten Mile Creek EastlFCT Project 02-056-FF2 - Option Agreement for Sale and Purchase - Ralls Road Corp. - Consider staff recommendation to approve the Option Agreement for Sale and Purchase of the Ralls Road Corp. parcel for $3,300,000.00 as shown in pink on the attached map, authorize the Chairman to execute the Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. B. Florida Communities Trust - Ten Mile Creek EastlFCT Project 02-056-FF2 - Ralls Road Corp. - Consider staff recommendation to approve Work Authorization No. 15 with LBFH, Inc. in the amount of $27,580.00 and authorize the Chairman and County Attorney to sign the Work Authorization. 3. MANAGEMENT AND BUDGET A. Deletion of Land and Improvements from Fixed Asset Inventory accordance with the procedures outlined in the purchasing manual, section 18.4 (The Purchasing Department and/or OMB will seek approval from the Board of County Commissioners to remove the item from the Capital Asset Inventory if the item can not be utilized elsewhere in the County) - Consider staff recommendation to approve the deletion of the capitalized items which capitalized as of September 30, 2003. B. Tax Collector is requesting an advance for October - Consider staff recommendation to approve the advance for the Tax Collector as outlined by Florida Statute 192.102. C. Medical Examiner's FY04 Budget Change. - Consider staff recommendation to approve the Medical Examiner's request to purchase eight (8) stainless steel autopsy trays. 4. UTILITIES Work Authorization with LBFH, Inc. for engineering services for the design and bidding services for the North Hutchinson Island Wastewater Treatment Plant improvements and modifications in the amount of $33,750. - Consider staff recommendation to approve the Work Authorization with LBFH in the amount of $33,750. 5. PURCHASING A. Change Order # 1 with Dependable Roofing Systems, Inc. for roof replacement at the Fort Pierce Community Center. - Consider staff recommendation to approve change order #1 to contract C04-04-246 with Dependable Roofing Systems, Inc. for $18,360 and authorization for the Chairman to sign change order #1 as approved by the County Attorney. B. Approval of Bid Waiver and Ratification of Emergency Purchase Orders from Hurricane Frances - Consider staff recommendation that the Board: (1) Ratify the County Administrator's Order effective September 3, 2004 at 5:00 p.m.; (2) Approve the waiver of sealed bids as a result of the declared emergency; (3) Ratify the County Administrator's approval of the emergency purchase orders and credit card statements as attached; Authorize the Chairman to sign contracts as prepared by the County Attorney. r '-' ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONE~ ANNOUNCEMENTS OCTOBER 5,2004 1. County Commissioners meeting changes: · November 2, 2004 Board of County Commissioners meeting will be changed to 9:00 a.m. · November 9, 2004 Board of County Commissioners meeting will be changed to 6:00 p.m. · November 16, 2004 Board of County Commissioners Reorganization meeting will be changed to 9:00 a.m. · December 28, 2004 Board of County Commissioners meeting canceled. ÂcL\¡ J I UIlt' l &~ ..' ~ '. \ {'(i {) ) \.....~ ------- -'--- ~ 1 j. . J j\.p '/)i/I r ( 1 "~'\ 0 --~ ~~'" / I "Ylf/,r ~\.'l ........; . ,', '~pC ìLV\ ''\ ' ~oQr ..-1.. ''-()(J ,~~ 6~~ /~:fOI [S~~ lD ~ f\ NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ..... '-" .-J BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA OCTOBER 5, 2004 CONSENT AGENDA CA 1. PUBLIC WORKS ESRT and ARCPAD Software - Consider staff recommendation to approve bid waiver and sole source to purchase software and the tablet PC and approve Budget Amendment 05-101, Equipment Request EQ05-257, and EQ05-258. CA2. HUMAN RESOURCES Hurricane Jeanne compensation for exempt employees - Consider staff recommendation to approve the Hurricane Jeanne compensation for exempt employees. CA3. SUPERVISOR OF ELECTIONS Request authorization to purchase New Accu-Votes with memory cards due to damage from the hurricane - Consider staff recommendation to authorize the purchase of 75 new Accu-Votes with memory card in the amount of $384,375.00 for the General Election to be held on November 2, 2004. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. '-" .~~~J~~¡(l.."%'?-:-~:: ~~ ~~~:;.; 1, ~f_ t . '~ '. .....¡ 7~:~,,:".".-;:~·/. \.. ~''':;; , .. ,[ ~ . . OCTOBER 5, 2004 6:00 PM BOARD OF COUNTY COMMISSIONERS MEETING 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 asks anyone wishing to speak 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 ask for public comment, (4) further discussion and action by the board, ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup 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 workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability, Anyone with a disability requiring accommodation to attend this meeting should contact the 5t, Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ~ BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.f1.us Paula A. Lewis, Chairman John D. Bruhn, Vice Chairman Doug Coward Frannie Hutchinson Cliff Barnes District No. 3 District No. 1 District No.2 District No. 4 District No. S October S, 2004 6:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held on September 28, 2004. 2. PROCLAMATIONS/PRESENTATIONS A. Reading of the announcements by the County Administrator 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA ------- --- -_.- PUBLIC HEARINGS SA. COUNTY ATTORNEY Petition for Abandonment - Abandon a Drainage/Utility Easement located on the South side of Lot 9 - Block 173-A, Lakewood Park Unit 12A - Resolution No. 04-262 - Consider staff recommendation to approve Resolution No, 04-262, instruct staff to publish the final Notice of Abandonment, record Resolution 04-262, Proof of Publication of the Notice of Public Hearing, Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County, Florida. SB. PUBLIC WORKS Public Hearing to review the application request of Bay Hill Holdings, LLC (Florida Rock Industries, Inc. - North Plant) for a Mining Permit (Renewal). This request is to seek Board approval for a Class II mining permit for a period of twenty years. - Consider staff recommendation to approve a Class II mining permit for twenty years to be updated every 24 months subject to special conditions as outlined. END OF PUBLIC HEARINGS ---- --- 6. COUNTY ATTORNEY Resolution No. 04-191 - Solid Waste Rate Resolution - Consider staff recommendation to adopt Resolution No. 04-191 and authorize the Chairman to sign the Resolution. '-" .....¡ CONSENT AGENDA OCTOBER 5. 2004 1. WARRANTS LISTS Approve warrants list No. 54 and 55, 2. COUNTY ATTORNEY A. Florida Communities Trust - Ten Mile Creek EastlFCT Project 02-056-FF2 - Option Agreement for Sale and Purchase - Ralls Road Corp. - Consider staff recommendation to approve the Option Agreement for Sale and Purchase of the Ralls Road Corp. parcel for $3,300,000.00 as shown in pink on the attached map, authorize the Chairman to execute the Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida, B. Florida Communities Trust - Ten Mile Creek EastlFCT Project 02-056-FF2 - Ralls Road Corp. - Consider staff recommendation to approve Work Authorization No. 15 with LBFH, Inc. in the amount of $27,580.00 and authorize the Chairman and County Attorney to sign the Work Authorization. 3. MANAGEMENT AND BUDGET A. Deletion of Land and Improvements from Fixed Asset Inventory accordance with the procedures outlined in the purchasing manual, section 18.4 (The Purchasing Deparnnent and/or OMB will seek approval from the Board of County Commissioners to remove the item from the Capital Asset Inventory if the item can not be utilized elsewhere in the County) - Consider staff recommendation to approve the deletion of the capitalized items which capitalized as of September 30, 2003. B. Tax Collector is requesting an advance for October - Consider staff recommendation to approve the advance for the Tax Collector as outlined by Florida Statute 192.102. C. Medical Examiner's FY04 Budget Change, - Consider staff recommendation to approve the Medical Examiner's request to purchase eight (8) stainless steel autopsy trays. 4. UTILITIES Work Authorization with LBFH, Inc. for engineering services for the design and bidding services for the North Hutchinson Island Wastewater Treatment Plant improvements and modifications in the amount of $33,750. - Consider staff recommendation to approve the Work Authorization with LBFH in the amount of $33,750. 5. PURCHASING A. Change Order # 1 with Dependable Roofing Systems, Inc. for roof replacement at the Fort Pierce Community Center. - Consider staff recommendation to approve change order #1 to contract C04-04-246 with Dependable Roofing Systems, Inc. for $18,360 and authorization for the Chairman to sign change order #1 as approved by the County Attorney. B. Approval of Bid Waiver and Ratification of Emergency Purchase Orders from Hurricane Frances - Consider staff recommendation that the Board: (1) Ratify the County Administrator's Order effective September 3, 2004 at 5:00 p,m.; (2) Approve the waiver of sealed bids as a result of the declared emergency; (3) Ratify the County Administrator's approval of the emergency purchase orders and credit card statements as attached; Authorize the Chairman to sign contracts as prepared by the County Attorney, '-' . -...J ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ANNOUNCEMENTS OCTOBER 5, 2004 1. County Commissioners meeting changes: · November 2, 2004 Board of County Commissioners meeting will be changed to 9:00 a.m. · November 9,2004 Board of County Commissioners meeting will be changed to 6:00 p,m. · November 16, 2004 Board of County Commissioners Reorganization meeting will be changed to 9:00 a.m. · December 28,2004 Board of County Commissioners meeting canceled. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn In. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. '-' .....1 BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA OCTOBER 5, 2004 CONSENT AGENDA CA 1. PUBLIC WORKS ESRT and ARCP AD Software - Consider staff recommendation to approve bid waiver and sole source to purchase software and the tablet PC and approve Budget Amendment 05-101, Equipment Request EQ05-257, and EQ05-258. CA2. HUMAN RESOURCES Hurricane Jeanne compensation for exempt employees - Consider staff recommendation to approve the Hurricane Jeanne compensation for exempt employees. CA3. SUPERVISOR OF ELECTIONS Request authorization to purchase New Accu-Votes with memory cards due to damage from the hurricane - Consider staff recommendation to authorize the purchase of 75 new Accu-Votes with memory card in the amount of $384,375.00 for the General Election to be held on November 2, 2004. NOTICE: All Proceedings before this Board are electronically recorded, Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. r . ¡ '-" ~ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 28, 2004 Tape: 1 Convened: 9:05 a,m. Adjourned: 9:55 a.m, Commissioners Present: Chairperson, Paula A. Lewis, John D. Bruhn, Cliff Barnes, Frannie Hutchinson, Doug Coward Others Present: Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Marie Gouin, M & B Director, Paul Phillips, Airport Director, Ed Parker, Purchasing Director, Jim David, Mosquito Control, Chris Hartley, Finance Director, Millie Delgado-Feliciano, Deputy Clerk 1, MINUTES It was moved by Com, Coward, seconded by Com. Hutchinson, to approve the minutes of the meeting held September 21, 2004; and, upon roll call, motion carried unanimously, It was moved by Com, Hutchinson, seconded by Com. Bruhn, to approve the minutes of the Final FY 2005 Budget Public Hearing held on September 16, 2004; and, upon roll call, motion carried unanimously, 2, PROCLAMA nONS/PRESENT A TrONS The County Administrator read upcoming scheduled meetings and events. 3. GENERAL PUBLIC COMMENTS Mr, Tom Bruhn, Jr" area resident, addressed the Board regarding the Nextel service in the area, He expressed his concerns with more units being sold than number lines provided. The Asst. County Administrator advised the Board that staff would be investigating this issue since county staff had some problems getting service during the storms. Staffwill be looking into alternatives, Mr. Jeff Furst, Property Appraiser for St. Lucie County, addressed the Board regarding the delay in the tax funds due to the storms and their computers not being in operation, He wanted to advise everyone that there may not be funds available in November. Mr. Gt.:orgt.: Evt.:rs, Indian Rivt.:r Driw resident, addressed the Boarù regarding access through a resident's driveway for those who need to get to their homes on Indian River Drive. The owner of the property does not wish to have heavy equipment coming through his property and has restricted such. County staff is restricting passage due to this problem, Mr. Evers stated he felt the county does not have the authority to restrict passage if the property owner permits resident access. The County Engineer addressed Mr. Evers comments and stated that a large portion of Indian River Drive is damaged and that in speaking with the property owner he stated he did not wish to have heavy equipment coming through his property, The County Engineer stated that since staff could not be there in the evenings to make sure heavy equipment does not pass through, they decided to restrict entry. Mr. Craig Munt, North Hutchinson Island resident, addressed the Board regarding n.:sidullls attempting to return to IIwir homus 011 the island ror rupnirs etc. 1 .. '-' ....,¡ Com, Barnes commented on the curfew and asked that it be eased for those who wish to obtain necessities after working hours. Corn. Lewis commented on the lack of coordination with Indian River County and stated they needed to communicate much more, Com. Coward commented on the curfew and also asked it be eased due to the fact many people are still without power and wish to eat at the different establishments which are open for business, 4. CONSENT AGENDA (1-138) It was moved by Com. Bruhn, seconded by Com. Coward, to approve the Consent Agenda with item C-l Warrant List pulled; and, upon roll call, motion carried unanimously. 1, WARRANT LIST This item was pulled. 2, COUNTY ATTORNEY A. Rock Road Jail Expansion- Amendment No, 1 to Centex Rooney/Schenkel Schultz Contract- The Board approved Amendment No. 1 and authorized the Chairman to sign the Amendment. B. Resolution No. 04-278- Improvements to South 25th St.- The Board approved Resolution No, 04-278. C, Lennard Road Project MSBU- Contract for Sale and Purchase- Mr. & Mrs, Roman Swiezy- Mr, And Mrs. Stand Swiezy- The Board rejected the counter offer and authorized staff to send a 30 day notice Icltcf'. D, Treasure Coast Sports Commission, Inc.- 2004-2005 Grant Contract- The Board approved the proposed grant contract for the Treasure Coast Sports Commission, and authorized the Chairman to sign the contract. E, South 25th Street Roadway Widening- Midway Road to Edward Road- Temporary Construction Easement-Cesar Cumerma- The Baord approved the purchase agreement with Cesar Cumerma in the amount of $11 ,600 as shown on the sketch and legal description and authorized the Chairman to execute the purchase agreement and directed staff to close the transaction and record the documents in the Public Records of St. Lucie County Florida, F, Advertising Services-Agreement with Simple Success Marketing Inc.- The Board approved the proposed agreement with Simple Success Marketing Inc., and authorized the Chairman to sign the agreement. 3. PUBLIC WORKS A. Building and Zoning Division- The Board approved the release of the building from the demolition order for the property located at 2205 Elizabeth Ave., dated January 13,2004 and authorized the Chairman to sign the release as prepared by the County Attorney's office. Engineering Division Becker Road MSBU- Paving and Drainage Revised Final Assessment Roll to Re-Allocate Assessm~nts- The, Board approved adopting Resolution No, 04-257 approvmg a RevIsed B, 2 ~ ,..,¡ '. '--" ....,./ Final Assessment Roll to re-allocate said assessments for the Becker Road Municipal Services Benefit Unit. C. Engineering Division-Ideal Holding Road MSBU- Paving and Drainage Improvements Amend Final Assessment Roll to Re- Distribute Assessments- The Board adopted Resolution No. 04-256 approving an Amended Final Assessment Roll to re-distribute said assessments for the Becker Road Municipal Services Benefit Unit. 0, Solid Waste Oivision-Exc1usive Residential Collection Service Agreement by and between St. Lucie County and Waste Pro of Florida, Inc., as approved by the County Attorney and authorized the Chainnan to sign. E. Solid Waste Division- Bid Waiver and Sole Source declaration to purchase software for the integration of the cashering module into the current City View application, This will allow the MSBU Division to collect and maintain the non-ad valorem assessment roll as it pertains to new certificates of occupation, The total cost of the module integration and 3 licenses is $24,135. The Board approved Budget Amendment # 04-169 and Equipment Request # 04-277 . 4. MANAGEMENT AND BUDGET A. $347,540 Howard Computer Lease Program- The Board adopted Budget Resolution No. 04-264 recognizing the capital lease proceeds and establishing the budget within the numerous funds, B. Adopt Budget Resolution 04-283- to establish the budget for the $650,000 loan proceeds for the Sport Complex- The Board adopted Resolution 04-283 establishing the budget for the $650,000 loan proceeds for the Sports Complex. 5, AIRPORT A. Budget Resolution No, 04-271 Florida Department of Transportation FDOT Joint Participation Agreement JPA 412401 for $3,948.00 for Perimeter Fencing- The Board approved the Budget Resolution 04-271 ror the FOOT, JPA this FOOT grant provides for $ 3,9438,00 of the $157,896,00 project total. B, Budget Resolution 04-281 for Florida Department of Transportation Joint Participation Agreement for $200,000.00 for Drainage Improvements- The Board approved the budget resolution # 04-281 for Florida Department of Transportation Joint Participation Agreement. This grant provides $200,000 of the $250,000 project total. C, Budget Resolution No. 04-282 for the FDOT Joint Participation Agreement JP A 412400 in the amount of $152,000 for the installation orpcrimctcr rcncing- The Board approved the budget rcsolution , This grant provides for $152,000 of the $190,000 project total. 6. UTILITIES Request Board approval for a reduction in the Letter of Credit for the Seminole Tribe of Florida- The originallctter of credit is $1,360,442.03 and the new Letter of Credit would be for $650,000 as a result of payment made to St. Luci8e County.- The Board approved the reduction in the Letter of Credit for the Seminole Tribe of Florida. 3 ... '-" ....,.¡ 7. GRANTS A. Request Board approval to accept a South Florida Water Management District Water Savings Incentive Program grant in the amount of $50,000 for funds to retrofit plumbing in low-income homes consistent with the Community Services SHIP program- The Board authorized staff to accept the grant from the South Florida Water Management District Water Savings Incentive Program grant for funds to retrofit plumbing in low income homes consistent with the Community Services SHIP program. B. Conservation Project Support Grant application to the Institute of Museums and Library Services for funding in the amount of $150,000 to be utilized for consultation services conservation equipment and conservation supplies for a collections conservation program at the St. Lucie County Historical Museum - The Board approved the submittal of a Conservation Project Support grant application to the Institute of Museum and Library Services for funding in the amount of$150,000 to be utilized for consultation services, conservation equipment and conservation supplies and also authorized the acceptance of the grant if it is approved. 8. CENTRAL SERVICES Contract Change Order # 5 to Contract # C03-06-452 Administration Building Addition /Barth Construction, Inc.- The Board approved Change Order # 5 to Contract No. C03- 06-452/Barth Construction to increase the contract amount by $9,062,00 and contract time an additional six days for ca completion date of January 3,2005 and authorize the Chair to sign the change order as prepared by the County Attorney. 9. PURCHASING A. Bid # 04-103- St. James Maintenance- The Board approved staff recommendation to award Bid # 04-103 - St. James Drive Maintenance to Treasure Coast Lawn, Inc, for the cost of services as outlined in the attached bid tabulation sheet and authorized the Chainnan as prepared by the County Attorney. B. Pennission to advertise Invitation for Bid for Lawnwood Football Stadium Lighting- The Board granted permission to advertise Invitation for Bid for Lawnwood Football Stadium Lighting. C, Award ofRFP if 04-060 Telecommunication Solution Services-The Board approved negotiating with the top ranked firm, Bell South and authorized he Chairman to sign the contract as prepared by the County Attorney, 10. GROWTH MANAGEMENT A. Authorize the first amendment to the Contract with Tindle Oliver and Assoc, - The Board authorized the first amendment to the Tindale Olvier Urban Service Boundary contract for the purpose of updating the County's base transportation analysis date in the amount of $20,000 (no net increase in the overall contract price). B. Authorize Florida's Turnpike Special Permit for access to the Turnpike access road at the northeast corner of the SR 70 Interchange- The Board approved the request allowing staff to submit the Florida's Turnpike Pennit for use of the Turnpike Access Road at the northeast corner of the SR 70 interchange. 4 "-" ...I REGULAR AGENDA 5, NO PUBLIC HEARINGS 6. COUNTY ATTORNEY(I-I139) Tradition Field- Naming Right Agreement- Consider staff recommendation to approve the Naming Rights Agreement and authorized the Chairman to sign the Agreement. It was moved by Com, Hutchinson, seconded by Com. Bruhn, to approve the Naming Rights Agreement and authorized the Chairman to sign; and, upon roll call, motion carried unanimously, 7 . ADMINISTRATION The Board gave updates on the Committee and Advisory Boards they serve on. ADDITION: Declaration of Emergency Extension- Consider staff recommendation to extend the Declaration of Emergency. It was moved by Com, Hutchinson, seconded by Com, Bruhn, to approve staff recommendation; and, upon roll call, motion carried unanimously, There being no further business to be brought before the Board, the meeting was adjourned, " Chairman Clerk of Circuit Court 5 , '-" ....,¡ BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Public Works/Code Compliance PREPARED DATE: 10/4/2004 AGENDA DATE: 10/5/2004 .__." :.,' :',.¡....._;~¡,__~g:ç_º-~tIT)~Q~B,~R.; TO: 491-2415-564000-200 491-2415-568000-200 ,_ .. ' _~:,~~ÇǺ-U.NI:N.Þ;M~ ~,',~'ZL~j¡,;~;L(E~_ÄMQ.Q~ Machinery & Eauipment $69,211 Software $8,015 FROM: 491-9910-599300-800 Reserves $77 ,226 REASON FOR BUDGET AMENDMENT: FEMA requires a detailed and accurate assessment of all damaaes both public and private. We need this software/hardware to fulfill the FEMA requirements. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: n/a n/a n/a '11);"",,-, BA05·101 DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: - \.~ - -- ~ ~ Agenda Request Item Number: Meeting Date: CA1 10/5/04 Consent Regular Public Hearing Leg. [ ] [X] [ ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Public Works / Code Compliance ¿y;resented By ~ ~- Dennis M. Grim Code Compliance Manager SUBJECT: BACKGROUND: ESRT AND ARCP AD Software. The county has sustained considerable damage due to hurricanes Frances and Jeanne. In order to accurately estimate and track this damage it is necessary to have the correct tools to do so. FEMA requires a detailed and accurate assessment of all damages both public and private. At this time GIS has the capability, however does not have the correct software or hardware to fulfill the FEMA requirements. Both GIS and Code Compliance will be able to use this new technology to track and plot the damages to the county. This will enable staff to provide a number of reports to FEMA to assure that the county is reimbursed for the damages to infrastructures and public buildings. The Property Appraiser's Office is currently using this new software for the purpose of tracking property values in the county. GIS will use their current database and build on this to provide the information FEMA is requesting, This new technology will be used on tablet PC's for onsite inspections to pull up a map of the area. The inspector can retrieve the parcel and then record the damage assessment. After the area is evaluated the information is then up loaded into the GIS server and a complete report is compiled. This new system will be used also for building inspections, contractor licensing, and code enforcement for on site inspections after the recover effort is complete Other departments throughout the county will also be able to use this technology for making their department more efficient and cut cost. FUNDS AVAILABLE: 491-2415-564000-200 Machinery and Equipment $69,211.00 491-2415-568000-200 Software S8,015.00 N/A PREVIOUS ACTION: RECOMMENDATION: County staff requests bid waiver and sole source approval to purchase the software and the tablet PC. Approve BA 05-101, and Equipment Request # EQ05-257, and EQ05-258 COMMISSION ACTION: [X] APPROVED D DENIED c::::J OTHER Approved 5-0 CURRENCE: - Coordination/ Signatures Mgt. & BUdget:~ Other: ~ Douglas M. Anderson County Administrator County AttorneYAA Originating Dept.: /JUu Finance: Purchasing: Other: ~i/ [:, , '-" ....,¡ BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Public Works/Code Compliance PREPARED DATE: 10/4/2004 AGENDA DATE: 10/5/2004 .... '. '. ··~,Ü~~è..º,I!:NtNÜ~¡:¡ER· ,::.~~ÇǺYN:r .N.AM~==.~.2·~.:~~_:~;~;i~2,.J;,,~Q.Qti~ ,.~. . ~ TO: 491-2415-564000-200 Machinery & EauiDment $69,211 491-2415-568000-200 Software $8,015 FROM: 491-9910-599300-800 Reserves $77,226 REASON FOR BUDGET AMENDMENT: FEMA requires a detailed and accurate assessment of all damages both public and private. We need this software/hardware to fulfill the FEMA requirements. CONTINGENCY BALANCE: n/a THIS AMENDMENT: n/a REMAINING BALANCE: nfa DEPARTMENT APPROVAL: 'ü!mltP-- OMB APPROVAL: BUDGET AMENDMENT #: BA05-101 DOCUMENT # & INPUT BY: en 0:: WL() zg ON - I en~ enO -0 :æN :æo:: O~ UW )-)- ......J z~ :JU oen ui:i: LL.O:: 00 CLL. 0::.... ~en OW m:J )-0 ....W zO:: :J.... OZ UW W:æ _D. 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Distribution 800-225-6893 com CUstomer I Contact I ST LUCIE COUNTY BOCC ED BLAINE 2300 VIRGINIA AVE FORT PIERCE FL 34982 UNITED STATES Account Terms 102704 PENDING CRED:7 ~~PROVAL PO I Quotation SQ-14695 LItem / Model/Brand Description 1 9095101./ 508179 / ELEGANT ST5000 10.4/12.1 UNIV BUMP CASE W/HAND~~ 2 Use with 10.4" or 12.1" screen 3 Universal, use with either 6-cell or 4 9-cell battery 5 9010115 / FPCAA02 / FUJITSU AUTO/AIRLINE ADAPTER 6 9000859 / FPCPR43AP / FUJITSU ST5000/4000 TABLET DOCK-COMBO & AC ADA=~ 7 CDRW/DVD Combo Drive 8 Includes AC Adapter! 9 9000654 / FPCKB41A1P / FUJITSU IR KEYBOARD (FULL SIZE) USE W/ TABLETS 10 9000707 / FPC38-0213-01 / FUJITSU ST4000/5000 1 YR SCREEN DAMAGE PROT PL;2; 11 Allows for the replacement of screen 12 and digitizer up to twice in a 1 13 year period. Warranty paperwork 14 shipped directly to customer when 15 unit is registered. Please register 16 unit upon receipt! 17 CPF325 / STATE OF FLORIDA IT STATE OF FLORIDA IT HARDWARE CONTRACT 18 #250-000-03-1 19 FEID # 59-1149947 20 Thank you for your interest in CPFinc! Please contact your sales representative to convert :~:3 QJote into an Order. Quote good for 30 days, RAM & manufacture= ==::e increases excluded. Returns for LIKE NEW equipment must be rea:e .~:hin 5 days of receipt and are sUbject to a restocking fee. D~~¿;e: ~r Special Order items are non returnable. A finance charge 0: :,;, per month will be applied to delinquent accounts. Freight: FOB origin. CPF IS A FACTORY AUTHORIZED SERVICE CENTER ....I Due Date Oct 05, 2004 Reference Qty 25 25 1 1 1 1 Tax Details Payment Detai~s A:nount shown in Rate :0.000000 of $ AccwareIB Document ;:~-¡¡: C :397·2ŒXIlcode Inc_ All R:gn!s Reserved 'WW'N.icode.com EOJ-3ß2.()725 SALES QUOTE SQ-14695 I Oct 04,2004 Ship To I ST LUCIE COUNTY BOCC ED BLAINE 2300 VIRGINIA AVE FORT PIERCE FL 34982 UNITED STATES Account Rep Cheryl Predovich Ship VIA Paq UPS GROUND Discount 58.90 EA 88.80 EA 430.80 EA 94.80 EA 142.08 EA EA Schedule Date Printed 1 10/04/04 .0: 09 Amount 1,472.50 2,220.00 430.80 94.80 142.08 Taxable 0.00 Tax 0.00 Ex~t 4,360.18 Total 4,360.18 Tr Disc 0.00 Paid 0.00 Balance 4,360.18 Thank You '-' Currie, Peak, and Frazier, Inc. Distribution 800-225-6893 . In com 7543 Commerce Center Dr. Orlando, FL 32819 Customer Contact ST LUCIE COUNTY BOCC ED BLAINE 2300 VIRGINIA AVE FORT PIERCE FL 34982 UNITED STATES J..ccount Terms :02704 PENDING CREDIT APPROVAL ;:'~otation PO * .: ':'-14 694 L :tem I Model I Brand ::escription - :::0901 / AYJOL1090ED00103 / FUJITSU ~SOllD 1G 512M 60G A+B/G 9CEL XPTE 1Y =~SOllD,PM 1.0G ULV,10 RXGA, LAN, :~'~,512M,60G 4200,MDM/WLAN, 9CELL :::1308 / FPCEM100AP / FMWSVC ::2~ SDRAM DDR333, ST5000/T4000/S 6&7 :=~325 / STATE OF FLORIDA IT =~~T~ OF FLORIDA IT HARDWARE CONTRACT ;2:0-000-03-1 ~:J # 59-1149947 - - - - - ~~~_< ::~ for your interest in CPFinc! ------ ~ntact your sales representative to convert this Quote into ~ :~~~. Quote good for 30 days, RAM & manufacture~ price increases E>:=-_:~:. Returns for LIKE NEW equipment must be maèe within 5 days c: ~~~:;t and are subject to a restocking fee. Damaged or Special c~:~~ ::¿~s are non returnable. A finance charge of 1.5% per month .~ :¿ applied to delinquent accounts. F~~::~:: FOB Origin. C:F :ö ~ FACTORY AUTHORIZED SERVICE CENTER Due Date Oct 05, 2004 Reference Qt~ 25 25 1 Tax Detail.s Payment Detail.s Amount shown in Rate :0.000000 of . - - ....; - SQ-14694 SALES QUOTE I Oct 04,2004 Ship To I 5T LUCIE COUNTY BOCC ::û BLAINE 2300 VIRGINIA AVE ?ORT PIERCE FL 3~982 U:iITED STATES I Account Rep . I Cheryl Predovich ! Ship VIA UPS GROUND Discount 2,345.00 EA 249.00 EA EA Taxable Tax EXeq>t Total Tr Disc Paicl Balance AccwareŒI Document Fonnat C 1997·2CO) leode Inc. All Rights Reserved. www.ìcode.com EOJ..£..ç"""=: Thank You I Schedul.e Date ! I ,pag Printed I 1 10/04/04 .0:09 I Amount 58,625.00 6,225.00 0.00 0.00 64,850.00 64,850.00 0.00 0.00 64,850.00 ·86m '-' ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC.' ESRI, Inc. 303 Evernia St West Palm Beach, FL 33401 Phone: + (561) 832-4116 Fax: + (561) 832-1058 To expedite your order, please attach a copy of this quotation to your purchase order, Quote is valid from: 10/04/2004 to: 01/02/2005 - ........ """" Quotation # 20176590 Date: October 04,2004 Customer # 274655 Contract # COUNTY OF SAINT LUCIE COMMUNITY DEVELOPMENT DEPT 2300 VIRGINIA AVE FORT PIERCE. FL 34982 ATTENTION: ED BLAINE PHONE: 772-462-2756 FAX: 772-462-1735 Total Material Qty Description 93754 20 ArcPad License 96571 1 ArcPad 6.0.3 Installation Package Unit Price 400,00 8,000.00 0.00 0.00 8,000.00 8.000.00 14.65 0.00 $ 8,014.65 Items Total: Subtotal: Estimated Shipping & Handling (2 Day Delivery) : Contract Pricing Adjust: Total (excludes applicable sales tax): Quoted By: Rob Hofmann, + (561) 832-4116 x13 Email: rhofmann@esrLcom Account Manager: Rob Hofmann Email: rhofmann@esrLcom If Licensee elects to reinstate lapsed maintenance, ESRI may charge back maintenance as a reinstatement fee to activate current maintenance. This Quotation is made in confidence for your review, It may not be disclosed to third parties, except as required by law, If sending remittance, please address to: ESRI, File No. 54630, Los Angeles, Ca 90074-4630 HOFMANNR This offer is limited to the terms and conditions incorcorated and attached herein. '-' ...'...:.... ..' filiII ~. .... ", 'I ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. ESRI, Inc. 303 Evernia St West Palm Beach, FL 33401 Phone: + (561) 832-4116 Fax: +(561)832~058 To expedite your order, please attach a copy of this quotation to your purchase order, Quote is valid from: 10/04/2004 to: 01/02/2005 '''WI Quotation # 20176590 Date: October 04,2004 Customer # 274655 Contract # COUNTY OF SAINT LUCIE COMMUNITY DEVELOPMENT DEPT 2300 VIRGINIA AVE FORT PIERCE, FL 34982 ATTENTION: ED BLAINE PHONE: 772-462-2756 FAX: 772-462-1735 BY SIGNING BELOW YOU ARE INDICATING THAT YOU ARE AUTHORIZED TO OBUGATE FUNDS FOR YOUR ORGANIZATION. DO NOT USE THIS FORM FOR ORDER ACTIVATION IF YOUR ORGANIZATION WILL NOT HONOR AND PAY AN INVOICE THAT HAS BEEN ISSUED AT YOUR DIRECTION WITHOUT ADDITIONAL AUTHORIZING PAPERWORK. To expedite your order, either attach a copy of this quotation to your purchase order when it is remitted to ESRI, or sign below and return this quotation to indicate your acceptance of this offer. ESRl's address and fax number are provided on the first page of this quotation. If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order. Signature of Authorized Representative Name (Please Print) Title The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc, (ESRI), Any estimated sales and/or use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes, ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state tax directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Quoted By: Rob Hofmann, + (561) 832-4116 x13 Email: rhofmann(ã2esri.com Account Manager: Rob Hofmann Email: rhofmann@esri.com If Licensee elects to reinstate lapsed maintenance, ESRI may charge back maintenance as a reinstatement fee to activate current maintenance, This Quotation is made in confidence for your review, It may not be disclosed to third parties, except as required by law. HOFMANNR If sending remittance, please address to: ESRI, File No. 54630, Los Angeles, Ca 90074-4630 This offer is limited to the terms and conditions incorporated and attached herein. ~ - ~ - .... '-' .. ......... .=f.i:11 .. ,,'~ . . . i .....¡ ESRI QUOTATION TERMS AND CONDITIONS ESRI, 380 New York St., Redlands, CA 92373-8100 USA· TEL 909-793-2853' FAX 909-793-5953 All quotations are valid for ninety (90) days unless otherwise stated on the quotation form. These prices and terms are valid only for items purchased for use and delivery within the United States, This quotation information is proprietary and may not be copied or released other than for the express purpose of the current system selection and purchase. This information may not be given to outside parties or used for any other purpose without written consent from Environmental Systems Research Institute, Inc. (ESRI). To e.r:pedite your order, please reference the quotation number on your purchase order, ORDER PROCESS The order process is initiated when ESRI receives an original purchase order or some form of advance payment. Several additional documents (e.g" Software License Agreement, credit application, and Tax Exemption Certificate) will be required to complete the order process, Generally, the need for these documents varies by the type of software ordered, which is detennined upon receipt of the purchase order (or advance payment). If delivery must be expedited, please contact your marketing representative for assistance, IMPORTANT! Collectively, these documents contain the authorizations and information necessary to ship proper versions of the software, on the correct media, Please return them promptly to avoid unnecessary delays in shipping, Please return all documents by mail or express courier, or as otherwise directed, Please show the following remittance address on your purchase order: ESRI, File No. 54630, Los Angeles, CA 90074-4630 ESRI SOFTWARE LICENSING All ESRI® software offered In this quotation are commercial off-the-shelf software developed at private expense and subject to ESRI commercial license terms, Most ESRI software programs are subject to the ESRI License Agreement included with the software programs and in the packaging, A copy is enclosed, If you license certain software programs, a Master License Agreement signed by both parties may be required. Some ESRI software is copy protected with a software keycode or hardware key, You will be given instructions to access the keycode through the ESRI Web site or by other means, DELIVERY FOB Redlands, CA, USA Software: Allow thirty (30) days from ESRI's receipt of purchase order, signed Software License Agreement(s), and other documents, as required. Hardware: Manufacturer's terms apply, Lead times depend on make/models purchased. Note: Standard delivery method is ground or two-day air for software and surface carrier for hardware. Actual delivery method may vary depending on weight. Other service is available for an additional fee (e,g" overnight delivery), PAYMENT TERMS Net thirty (30) days, on approved credit. Orders below $800 require prepayment by check or credit card unless your organization is a government agency, university, college, or Fortune 500 company, TAXES Prices quoted do not include applicable sales or use taxes unless so stated, In preparing your budget, please allow for applicable sales tax, ESRI reserves the right to collect sales tax assessed by states as required by law, ESRI will add state sales tax to the invoice unless proof with the order is shown to ESRI that your organization is tax exempt or pays state ta.x directly, ESRl is a trademark, registered trademark, or service mark ofESRJ in the United States, the European Community, or certain other jurisdictions. G-272/KMM Page I 2/19/02 \ ~t~ .....,; AGENDA REOUEST ITEM NO. C-A2 DATE: OCTOBER 6, 2004 REGULAR 0 PUBLIC HEARING 0 CONSENT ADDmONS (xxx) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: HUMAN RESOURCES DEPARTMENT Presented by: Carl Holeva Human Resources Director SUBJECT: Hurricane Jeanne compensation for exempt employees BACKGROUND: In 1988, the Board of County Commissioners approved the Emergency Wage and Hour Procedures which gave the County Administrator the authority to authorize additional compensation for exempt employees who worked in excess of their regularly scheduled work. FUND AVAIL.: Various Departments PREVIOUS ACTION: None RECOMMENTAITON: Staff recommends approval of the attached Hurricane Jeanne compensation for exempt employees. COMMISSION ACTION: C10 APPROVED () DENIED () OTHER Approved 5-0 oug nderson County Administrator Review and Approvals OMB: Purchasing: Other: County Attorney: Originating Dept: Finance: (check for copy only, if applicable) Thursday, Se~30, 2004 All departments ope~ Exempt employees working in excess of their regular time 1 '12 pay for hours worked Friday, Oct. 1, 2004 All departments open Exempt employees working in excess of their regular time 1 '12 pay for hours worked Saturday, Oct. 2, 2004 All departments open Exempt employees working in excess of their regular time 1 '12 pay for hours worked Sunday, Oct, 3, 2004 All departments open Exempt employees working in excess of their regular time 1 V2 pay for hours worked Monday, Oct. 4, 2004 All departments open Exempt employees working in excess of their regular time 1 '12 pay for hours worked Tuesday, Oct. 5, 2004 All departments open Exempt employees working in excess of their regular time 1 V2 pay for hours worked Wednesday, Oct. 6, 2004 All departments open Exempt employees working in excess of their regular time 1 V2 pay for hours worked Thursday, Oct. 7, 2004 All departments open Exempt employees working in excess of their regular time 1 V2 pay for hours worked Friday, Oct. 8, 2004 All departments open Exempt employees working in excess of their regular time 1 '12 pay for hours worked Saturday, Oct. 9, 2004 All departments open Exempt employees working in excess of their regular time 1 '12 pay for hours worked Sunday, Oct. 10, 2004 All departments open Exempt employees working in excess of their regular time 1 '12 pay for hours worked Monday, Oct. 11, 2004 All departments open Exempt employees working in excess of their regular time 1 '12 pay for hours worked Tuesday, Oc~, 2004 All departments oper?J Exempt employees working in excess of their regular time 1 '/2 pay for hours worked Wednesday, Oct. 13, 2004 All departments open Exempt employees working in excess of their regular time 1 V2 pay for hours worked Thursday, Oct. 14, 2004 All departments open Exempt employees working in excess of their regular time 1 V2 pay for hours worked The state of emergency for Frances runs thru October 13, 2004,4 p.m. The state of emergency for Jeanne runs thru October 14, 2004, 4 p.m, The state of emergency may be extended by the County Administrator as necessary, All exempt employees must keep track of their overtime hours for FEMA. ¡q/¿7 '-' ~ AGENDA REQUEST ITEM NO. CA3 DATE: October 5,2004 REGULAR [ ] PUBLIC HEARING [] CONSENT [ ] TO: Board of County Commissioners SUBMITTED BY (DEPT): Supervisor of Elections Gertrude Walker, Supervisor of Elections SUBJECT: 75 Accu..Votes with memory cards BACKGROUND: It will be determined later whether the equipment failures is totally due to water from hurricane or age related. FUNDS AVAILABLE: Insurance, FEMA, Line of Credit, Excess funds scheduled to be retu"rned to BOCC or $261,151.00 that was budgeted for Touch Screen voting equipment in 2002 budget. PREVIOUS ACTION: RECOMMENDATION: Staff recommends I am recommending that the Board of County Commissioners authorize the purchase of 75 new Accu-Votes with memory cards for the General Election to be held on November 2, 2004. The cost for this purchase is $476,250:00-- ~APPROVED o OTHER: Approved 5-0 o DENIED COMMISSION ACTION: Do las M. Anderson County Administrator Review and Approvals County Attorney: Originating Dept: Finance: Management & Budget: Other: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 ~ ~ '-' """" §E,~t~udE, <WatkE,~ Supervisor of Elections St. Lucie County 4132 Okeechobee Rood 0 Fort Pierce, FL 34947-54120(772) 462-1500"Fax (772) 462-1439 MEMORANDtJM To: From: \¿v }.~\ September 21, 2004 \~ Purchase o~u-Vote Optical Scan Units and 20 Ballot boxes The Honorable Paula Lewis, Chairman Board of co~,¡~~¡Cornmissioners .. t! Gertrude vY.~f r, CFS SupervfS'~Elections ¡ Date: Re: While preparing for the Primary Election, several Accu- Votes failed during the testing. The Accu-Vote units that failed have been repaired and everything is in order for the August 31 st election. ill order to ensure proper tabulation for the General Election, I am requesting the Board approve the purchase of20 new Accu- Vote Optical Scan tabulation units and 20 ballot boxes. The Global Accu-Vote System was purchased in 1996 and periodically; units '.vill need to be replaced. The funds needed for this purchased, were appropriated in the 2003/2004 budget. I also request that you place this important issue on the next agenda of the commission meeting. I appreciate your continued support. Please give me a call if you have any questions. Attachment Cc: Board of County Commissioners Douglas Anderson, County Administrator ~ .. ~ 08/15/2004 09:29 ~ di1' ?-2~ ,-7¡n1 ,.,.. _ . ( r 1".;....... GLOBAL ELECTIONS """" P AGE En GEf~ r SUPER';, ;:C f¡ ST L ~:[·~i DIEBOLD ELECTION SYSTEMS 4 -,,- 1- HUb f AS :54 st. Lucie County, Florida F iL:_ ~-; , " --_... ... Gertrude Walker-SupervIsor of ElectIons dY _____..__ .._... , ,.. . lITEM QTY UNIT COST EXTf;NSION I AVT~ , 1 10 AccuVofe.OS TlIbùllltlon UnIts $4,950.00 $49,500,00 V/s/Þ/e LIght Reader 'Sack We Battery Pawer'Cord Keys Key'Tegs . , 2 $\.Ib-Total Capital Equipment COBt $49,~OO.OO , . 3 100 '128K O"Ucsl Scan Memory ClIrd. ' 5175:00 $17,500.00 1 (If yOU requIre 8 different slze.ple858 Bdvlse) Sub-Total " $17,500.00 .. , $0.00 $0.00 SO.OO , TOTAL EQUIPMENT AND SERVICES $57,00\1,00 4 SHIPPING (aþproxlm"te C05~ $300.00 TOTAL: $67,300.00 .. ~ ELECTrON SYSTEMS 1611 Wilmeth Road McKinney, Texas 75069 972-542-6000 972-542-6044 fax ...,,¡ Date: ~001 Quotation Oct 5. 2004 ! 1&/05/2004 03;20 FAX For: St. Lucie County, Florida Aitn: Sherr¡ Eichln Fax: 772-462·1439 75 AccuVote-oS units, with Memory Card Carry Case $5,150.00 $386.250.00 75 AccuVote-QS units, with Memory Card carry Case Ballot Box $6.350,00 $476,250.00 Note: The quotation provided does not [nelude taxes, shipping. or services. ~ ~ - .....J AGENDA REQUEST ITEM NO. SA DATE: October 5,2004 REGULAR [ ] PUBLIC HEARING [x] Leg. [] Quasi-JD [x] CONSENT [ ] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: QC APPROVED IT OTHER Approved 5-0 (xx) County Attorney: ,C}{ 5rJ.- (xx) Originating Dept.: Daniel S. Mcintyre County Attorney Petition for Abandonment Abandon a Drainage/Utility Easement located on the South side of Lot 9 Block 173-A, Lakewood Park Unit 12A Resolution No. 04-262 Please see attached Memorandum N/A September 7,2004 - Public Hearing was scheduled but postponed to October 5, 2004 because of the hurricane. August 17,2004 - Request for Permission to Advertise Notice of Public Hearing Staff recommends the Board approve Resolution No.04-262, instruct staff to publish the final Notice of Abandonment, record Resolution 04-262, Proof of Publication of the Notice of Public Hearing, Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County, Florida. CONCURRENCE: [ ] DENIED Dou as Anderson County Administrator Review and Approvals (xx) Public Works: MVP (xx) County Engineer: ( ) Purchasing: (xx) Road & Bridge - ~ ...; PROPERTY ACQUISITION DIVISION MEMOMNDUM TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: October 5, 2004 SUBJECT: Public Hearing Abandonment of a 20 ft. Drainage/Utility Easement Pamella Mayr, 5107 Eastwood Drive, Fort Pierce BACKGROUND: The Property Acquisition Division received a request to abandon a drainage/utility easement located at 5107 Eastwood Drive in Lakewood Park. Ms. Mayr was in the process of refinancing her property and the title company noticed the house was built on a drainage/utility easement. Ms. Mayr's house was built in 1973. When platted in 1959 Block 173-A (see attached copy of plat and tax map), along Eastwood Drive consisted of three lots and was later divided into four lots. The easements, which ran along the sides of the property, were not removed when they divided the lots, and the house was built over the drainage/utility easement. Ms. Mayr's request was routed to County staff for review and comment. Staff recommended it would be cleaner to abandon the entire easement, not just under the house. A new sketch and legal description were provided to the abutting property owners with no objection to the entire drainage/utility easement being abandoned, The new sketch and legal description were provided to Florida Power & Light, Bell South and Comcast. Florida Power Light and Comcast have no objection. We anticipate hearing from Bell South with no objections. A Notice of Intent to Abandon was advertised on May 25, 2004 and June 1, 2004. No objections were filed. On August 17, 2004, the Board of County Commissioners approved Permission to Advertise for a Public Hearing on September 7,2004. The Public Hearing on September 7, 2004 was postponed due to Hurricane Frances and rescheduled for October 5, 2004. ~ ....." Page 2 Public Hearing Abandonment of a 20 ft. Drainage/Utility Easement Pamella Mayr, 5107 Eastwood Drive, Fort Pierce On August 18, 2004, letters were mailed to all property owners lying within 300 feet of the proposed abandonment area with the new legal description. There were three phone calls asking where the property was located and they had no objection to the abandonment. Staff received an email from Julie Orben of Lakewood Park and Clara Iglauer. It was explained to Ms. Iglauer the utility/drainage easement will still exist at the rear of the property. Sketch and legals were faxed along with utility and abutting property owner consent forms for her review. On September 20, 2004, letters were mailed to all property owners lying within 300 feet notifying them that the Public Hearing date was changed to October 5, 2004. On August 20,2004, a Notice of Public Hearing for September 7,2004 was advertised in the Tribune. On September 21, 2004, the Notice of Public Hearing was re-advertised in the Tribune notifying the public of the rescheduled date of October 5, 2004. County staff members have reviewed the petition and have no objection to the abandonment of the existing drainage/utility easement as this easement has not been utilized in the last 20-30 years. The recommendation of abandoning the easement along the southern portion of the property, leaving a 10 ft. drainage/utility easement in the rear, was the suggestion of staff. RECOMMENDATION: Staff recommends the Board approve Resolution No. 04-262, instruct staff to publish the final Notice of Abandonment, record Resolution No. 04-262, Proof of Publication of the Notice of Public Hearing, Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County, Florida. G: \ACQ\ WP\J anet\Abandonments\Mayr Lakewood Unit 12A \MEMO to Commissioners2,wpd ~ ...¡ SKETCH OF- DESCRIPTION ,/ ffl· IR~N R~ /' " CN' UI"~U MU'+nS"W REMAINDER OF' Lor 9 BLOCK 17;5A .NOT , INC1.UOE:C 1.57.711' NU"+1'~ð'W 157,7g' POS" ... ." bOI .THEREMAINDER OF ',; g~, LOT 10 P~C: :-1 BLOCK 173A ¡:~~~ loOT 10. : . ~ ~~H ~r ·0 ~,ï: ~ ' ·0 è C '" ,g '" ",E:,J' ... :..... '"T' '~2.J" ' ~ ia_ " , ' Š 5 BLOCK 17 JA 3: :.,~ o¥ C:d ~ ,.... ~, .~ ~§ :3m, ò~. . ,...w. A PORTION OF LOT 9 BLOCK 173A " 10' ORA'NACE J& unurr E:ASQ,j£NT . 157..79' P 10' OR,I,INIIC;: 41 unUiT, II PQR'T1CN 01 E:ASÐ.CCHT LOT 10, BI.OQÇ 17JA , - - , .... .. . . "..-.; ", ...:I1t .'... ~.:r lit", U I'" ,.~.l.I.C...m ': :",1, ' , CC/%:!/04 ~"'-L' ,. ~ .0 ~rr .c..,ih:a....'. 11., cxe RN~O: C5/U/0< mt " ,:".,. C.A.it THIS IS NOT A SURvE:y THIS IS A L~GAL I)ESCRIPTlON ON!.. Y .',,\' I ,'. C4-(~-08101 rll*',"':'¡"~ CX! BLOCK 173-A ~r.:·-'_"'·''''''· -.- AS IT LOOKED .v \ <{59 II ~ ~ ~ ... > , -J c;) \0 ~ ~ - ?" 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' BOARD OF COUNTY COMlVIISSIÜN'E~ PE,TITION FOR ABANDONMENT TO: BOARD OF COUNTY C01\1MISSIONERS, ST. LUCIE COUNTY, FLORIDA. The undersigned PETITIONER hereby petitions the St. Lucie County Board of County Cornmissionërs to vacate, abandon, discontinue arid close, in whole or in part, specific public rights-of-way, easements, or subdivision plats, as more particularly described in this petition, and to renounce and disclaim any right of the County and the public in and to any land in connection therewith. This petition is filed pursuant to law as more particularly set forth in Florida Statutes, Section 177.101, as amended, Florida Statutes, Sections 336.09 and 336.10, as amended, and S t. Lucie County Land Development Code, Section 11.10.01 et. seq. " **************************************************************************~****************** TYPE OF ABANDONMENT REOUESTED (check one or more as applicable) C'*" indi~atesrequirement for public hearing) _ A Plat (*) _ A Portion .of a Plat (*) _ County Road Right-of-way (*) V"Drainage Easement not Affecting Road Drainage _ Public UtiJity Easement ,_ Drainage Easement Affecting Road Drainage (*) Oth,er _ Public Interest in a Private Right-of-way or Easement ********************************************************************************************* Petitioner hereby certifies that the filing fee of $250.00 is enclosed or has been paid to St. Lucie County, and that petitioner hereby further certifies that petitioner understands that the filing fee is non-refundable and that there is no assurance that this petition will be granted, in whole or in part, and no such assurances,haŸebeen made by any County employee. ' ji / . \..; -.J This Petition shall contain an affidavit of the Petitioner attesting to the validity of the representations herein and it's completene~s to the best of Petitioners knowledge and belief. 1. The Legal Description of the petition site is attached as (EXHIBIT" A"). (Note: The petition site may lie upon property owned by Petitioner, i.e. an easement over Petitioner's property, or adjacent to Petitioners property, i.e. a public road right-of-way.) , ' 2. Title or interest of the County and the Public in and to the petition site was acquired and is evidenced by: (plat # and identification, Deed, or other title evidence) recorded in: -PJ. cd ß oae.. l l :3!5 - 3 'l (plat Book and Page, Deed Book and Page, or Official Record Book and Page) Public Records of St. Lucie County; Florida. 3. Attached hereto as (EXHIBIT "B ") is a sketch, accurately drawn, depicting the petition site as described~ in (EXHIBIT "A"), showing boundaries of abutting properties, any encroachments, drainage and/or utility easements, any structures within the petition site, and property benefiting from the abandonment. A copy of a portion of the appropriate tax map (8 Y2 x 11), obtainable from the Property Appraisers Office, maybe used for this purpose. ,4. Attached hereto as (EXHIBIT "C") is a location map which clearly and legibly identifies the location of the petition site in relation to the nearest public right-of-way and all affected properties (properties within a minimum 300 foot radius of the petition site). A copy of a portion of the appropriate tax map (8 % xII), obtainable from the Property Appraisèrs Office, may be used for this purpose. 5. Attached hereto as (EXHIBIT "D ") is a list of property owners, including correct mailing addresses, property tax Identification number and legal descriptions of surrounding affected properties. (Note: CQunty Staff may request additional infonnation if it is determined that the proposed abandonment could have a nègative effect on properties located more than 300 feet from the petition site.) 6. Attached hereto as (EXHIBIT "E If) is a list of abutting property owners, including correct mailing addresses, property tax Identification number and legal descriptions of the adj acent properties. Such owners of abutting properties have signed a notarized statement consenting to the abandonnlent of public right-of- way and such signed statements are attached hereto as (EXHIBIT "E-l", "E-2", etc.) 7. Attached hereto as (EXHIBIT "F"), consecutively numbered "F-l", "F-2", etc., the signed consent of any affected utility providing service to or within the petition site and/or drainage district havingjurisdiction over the petition site. 8. The Petitioner hereby certifies that in the event this petition is granted, the abandonment of the public right- -of-way will not prevent other property owners from access to and from their property, and no other property owner in the vicinity will be adversely affected. '-' ~ 9. The Petitioner hereby certifies that the petition site is not a right-of-way which is part of or used for any State of Federal highway purposes; and that such right-of-way is under the control and jurisdiction of the S1. Lucie County Boaxd of County Commissioners. 10. The Petitioner hereby certifies that the petition site is not a public accessway to any publicly accessible waters in the County, or that if the petition site proposed to be abandoned .does provide such access, Petitioner hereby offers to trade or give the County compaxable land or lands necessary for public access to the same body of water. 11. The peti tioner hereby certifies that petitioner is the owner of property underlying or adj acent to the petition site as evidenced by an instrument recorded in Official Record Book -' Page -' S1. Lucie 'County, Florida, a copy of which is attached as (EXHIBIT "G")., ' '12. The petitioner hereby certifies that all property taxes upon the Petition site, or petitioner's property adj acent to the petition site, axe paid and current, or exempt from taxation, and a copy of a paid tax bill or statement of the County Tax Collector is attached hereto as (EXHIBIT "H"). . , 13. The Petitioner hereby certifies: (CIRCLE "a" OR "b" BELOw) a) that the petition site to be abandoned is NOT within the limits of any municipality, OR b) that the petition site to be abandoned lies within the corporate limits of and attached is their resolution of abandonment of the petition site as (EXHIBIT "I"). ' 14. The Petitioner hereby submits a statement (EXHIBIT "J") in support of this petition which states Petitioner's reasons for requesting the abandonment and the use to which the Petitioner intends for the land. 15. Petitioner hereby certifies that a' NOTICE OF INTENT TO FILE A PETITION FOR ABANDONMENT has been published once weekly for two (2) consecutive weeks in a newspaper of general circulation in the County. The name of the newspaper and dates ofpublicatiQn axe as follows: r . ~ JreÆú.íe . - f NewS" s - {1'e/ce Jr,\ bu.,., ~ (Na e of newspaper in which Notice of Intent was published) ßrz)- SJ.... Lu..u"-€../ ¡-Jbl./I'ì"<- o ¥¿;¡..oo V (Secfo date published) A COpy OF THE PROOF OF PUBLICATION SHALL BE ATTACHED TO TillS PETITION AS (EXHIBIT "K"). NOTICE TO PETITIONER: IF THE ABANDONMENT REQUESTED REQUIRES AP~LICHEARING ,PURSUANT TO LAW, PETITIONER SHALL BE GIVEN NOTICE TO POST A SIGN (17" x 24" OR 17" x IT') UPON THE PETITION SITE IN A CONSPICUOUS AND EASILY VISIBLE LOCATION, ABUTTING A PUBLIC THOROUGHFARE, WHEN POSSIBLE, AT LEAST TEN (10) DAYS PRIOR TO THE PUBLIC HEARING GIVING NOTICE OF THE TIl\1E AND DATE OF THE PUBLIC HEARING ON THE PETITION TO ABANDON OR VACATE. '-' '..,/ DATE: 7-1s--o'l Petitioner's sign re ?,qm£ ¿ ¿ d--.2; IZ1ry iz Type or print Petitioner's name dtJ '? r:Sn~~ ¿S~ S-f-reé-!- Petitioner's Address, ' fðr¿f P\2.rce Pc ~Y9l{r¡ , ( ~ 112J Ljfoç - í) c¡ ~.s- Petitioner's Phone Number, COUNTY OF S-+ ,lu C\-e . STATE OF ,FI&1J d(Á Before me tills day personally appeared Pá.iYìe./ Ia. .j ò . m ðij ( who, being duly swam, depos,;" and , says: That -sh¿ is~the PetitionerÇs( and, That all of the representations and information provided in the petition is true and accurate to the best of Petitioner's knowledge, information and belief. Subscribed and sworn to (oraffumed) before me this I r; day of Jùl~ . 20.21by ~( ~ho personally appeared before me and ~ who is personally knO'(ID. to me. , -=:::,whose identity I proved on the basis of Dr rc.H!/lA I ( ~ ~ whose identity I proved on the oath/affirmation of . acredible witness ~O-~ Notary Public , 0",.1'-'( PÜ"f.- Carol A, Bishop 1 ~ ~ Commission # DD323640 ~ \)~~ Expires May 26,2008 'Ì- CF F'-c<' _ Tray F.in In"..".., Ire. IOO.Je$o7019 - ~ ..J EXHIBIT "A" Type the legal description of the petition site here North 20' feet of the South 26,90' feet of the following described parcel of land: MCommence at the Southeast corner of Lot 10, thence run Northerly 80.00 feet to the point of beginning: thence continue Northerly along the East line of Lots 9 and 10 a distance of 80.00 feet to a point; thence run Westerly 157.79 feet to a point; thence run Southerly parallel to the East line of lot 9A distance of 80.00 feet to a point, which point is 16.90 feet South of the intersection of lots 5, 9 and 10; thence run Easterly 157,79 feet to the point of beginning. All of the above described lying in and being a part of Block 173A of Lakewood Park Unit 12A according to the plat thereof as recorded in Plat Book 11, Pages 35, 36 and 37 of the Public Records of St. Lucie County, Florida." 5107 Eastwood Drive, Ft. Pierce, FL 34951 '--' ...",¡ SKETCH_ OF-, DESCRIPTION :,. ,",I .. :~'.~ . ':::}:'~~. . .<C . ....,. y., ""'''NO''' OF Ler, . " " / BLOCK 17JA.NOT SE1' " , " , ' . INCLuom 1¡1:Z' /liON 1100' , '. eN' LS/6J'J 111"+1''''' 1.57,7Q' " BLOCK 17 JA " , ~, '..~: ~ , . , .' \'.:'I.."·t ,-- I' JoI,¡£lU J. lu..m Š 5 3: ~g .:f £; d ~ r''' ;¡;', '); :t: - ~ <GJ . ~a "à~L . ","... A PORTION, OF' LOT 9 SLaCK 17JA ' ŒêH ~ 0 CI ~r "0 ~'~i' . ;¡, ò b .. ... ;" 1" .E;,J' 8 III ... ... :... d'j 'a%.J" ' ~ . Îo. 1 0' CRAINA~ .J¡ Ul1Ur.r I:ASQ.LC'}oT . 1$1.79' II Iei' c.'IAlNAC;¡; 4C Ul1urr A POII:nÇH C1 ' !:ASÐ.4Q/T '~OT 10. BLOC( 17J'" RP:'.1:;EC: Na~',+I'.5"·W 1.57.19' I'OS' , .... " . ~'O,' ',THE REMAINDER OF" ." ; g~, Lor 10 pac ~ BLOCK 173A~~~~ ~I . , ThiS IS NOT A SUR,\l£Y HilS IS A lEGAL ¡JESCRIPT10N ON:..'!' .: :".1, . , að/%~/04 :..~. f' '" 0400 F'tri' ", ·}ooih:·....'1 U '. CXð I....." I.'. 04-0J-0.914 rl""\"'~."~ exB '. '. ;: AMERICAN SURI/!:'11NC ctRl1F1Coia~ 01 AlU ...;..4 uwiE;; I;JG:r&' ~"t.~~ot&-:;:Ub,;:t.ITt a JIa;t ("'7) ~.-717. .. .,", . ' . ~. . ;~. .;:~:..~.;::~; . : ." " " .." . '.':', . : ".~:: . .... .... :',"7 ""." . ," .... ·..·.M "~ '. ., ",'.' - '-" EXHIBIT "B " Draw an accurate sketch of the petition site and abutting properties, if applicable, or attach a Boundary SU0'ey (preferred) -.. ..' .' -, ", .. ...¡ [, . i ..' .... - " .. -- ," .. .. ," ~ ...I EXHIBIT "C" Sketch or attach a location map here C'I:"~ SHEET 13/125 m '" <17 ~ .. ~ '" -.39.]7 - - '" 2U EC>; 1 "Joo '''' "" '" ~ :: .., sJ<J ." '1> 00..'1 '" ~ "" ~ - . 0 " ~ "" "_.11 1JC " , " "" - " " JG " , 0 JG " 12 0 LJO G ... ... '" J 0 ~ JG " ., 7'D : 'CU _ íì o~ ; IU , : 12J ¡ , ~S! - 10 0 12J -Y.'Q: '" . ... ¡; J >-1 ~ CJ ., '" ... , : '" :: , " 1:U~ . :: J . "', ~ :: c. u . ~a. "V Þ4 : "J >- :: ... '" "I: " :f " ;¡¡ z '" ~ 2:¡ " :¡ '" '" : I : " g ~ "J " ,. : ; = t ]'a a '1J :: If :: i' ; m.9ð :! '" ~ 2 'I :: Jel: 1DO.1' "UJ - ,. '-'"4.aJ .....7 7 . ,.. I III "'- .:> ¡: " '" ~~~\ , ~ IIJNXJOI- ~ : ODO/r) .:1 SI ~ 1.J7 ". o ,a: (31<OO4-<JOO/51 ';¡,,51 Ai: (/3I.{)(JOJ- ~/~ a 1142-<XJOI· ODO//JI ~.50 .. ~ " -< ,.. . ,""1:., ¡. ~ I ...~.... § ê .., .., '" . I I I I I 1\ II ,'-_____.J I 1,------...., I II II II D' II L I II II II II ._. 1\ II '. '¡Ii I'· ¡ ))) ~._.- II \'''// "" \'\ // \, , "" // ' '" // ,!V( In, IUI I I ...,.. "..., 1."U :~JI. 2...... 2.1.J' ... ... ~ ... ~ o. " " ... " -< ~ '-' :1 .. (/31- a a:xJI-:: IS -aJ]/ :JJ '" i @ ~ '" '" (131- :~,~ '" ¿ .. '" 0. '" ;~: CÐO/,J ." II". :I 00100 ! - 06/V71 O. ~~ ,J = ---I---~---ï------:;J-----M,.t '" _ It» ~ :; cr::r,.. - cav51 )II t1' . '. RO,l) 117\.1 IJ¡~1i '" SEE SHEET 1.3/1.35 PREPARED FCR i ~v. ~~ç~~ ç© ASSESSMENT MAP r=~~,~,,~~S~~(~ ~ ~~S~TL~bIssrw ~~cJ.g~ ~~~~1 ~J~~éilT~il~J~~~t~rs CI)'U1If'IÕD IffR£CJi. ¥x/~ CaJQJ.S t. 1'II0WIf '-" .....J EXHIBIT "D" Type or print name, address, property identification number, and legal description of surrounding affected properties here I Owner Name and Address I Tax 1. D. Number and Property Legal Description James C. Fitchett, Sr. 1312-801-0097-000-6 5108 Paleo Pines Cir HOLIDAY PINES SID-PHASE II-B-LOT 294 (MAP 13/13N) Fort Pierce. FL 34951-2342 (OR 1219-2809: 1245-259: 1245-1203) John A. Gaydosh Elizabeth 1312-801-0098-000-3 Gaydosh HOLIDAY PINES SID-PHASE II-B-LOT 295 (MAP 13/13N) 5106 Paleo Pines Cir (OR 330-2692) Fort Pierce, FL 34951-2342 Reginald Pou~iot 1312~801-0099-000-0 Jeannine Pare Pouliot HOLIDAY PINES SID-PHASE II-B-LOT 296 (MAP 13 I 13N) 5104 Paleo Pines Cir (OR 375-549: 1103-2936: 1476-2433) Fort Pierce. FL34951-2342 . Veronica Hamby 1312-801-0148-000-9 Ortensia Harriott HOLIDAY PINES SID-PHASE II-B-LOT 345 (MAP 13/13N) 5111 Paleo Pines Cir (OR 1907-658) Fort Pierce, FL 34951-- William B. Winn 1312-801-0147-000-2 Susie G. White HOLIDAY PINES SID-PHASE II-B~LOT 344 (MAP 13/13N) 5109 Paleo Pines Cir (OR 1018-2773) Fort Pierce, FL 34951-2341 John B. Hooton 1312-801-0146-000-5 Wanda L. Hooton -- HOLIDAY PINES SID-PHASE II-B-LOT 343 (MAP 13/13N) 5107 Paleo Pines Cir (OR 1239-1637) ¡ Fort Pierce. FL 34951-2341 Harry Edward Wise 1312-801-0145-000-8 Mary Alice Wise HOLIDAY PINES SID-PHASE II-B-LOT 342 (MAP 13113N) 5105 Paleo Pines Cir (OR 1398-2118) Fort Pierce, FL 34951 NOTE: ATTACH ADDITIONAL SHEETS AS NECESSARY. '-' ...I EXHIBIT "D" Type or print name, address, property identification number, and legal description of surrounding affected properties here I Owner Name and Address I Tax 1. D, Number and Property Legal Description Barry A. Keim 1312-801-0144-1 Brenda J. Keim HOLIDAY PINES SID-PHASE II-B-LOT 341 (MAE 13/13N) 5103 Paleo Pines Cir (OR 341-1890) Fort Pierce, FL 34951-2341 Dale T. Mosher 1301-615-0133-000-6 Elizabeth M. Mosher I..AIŒWOOD PARK-UNIT 12-A-BLK 173-A THAT PART OF LOT 9 3050 Rogers Rd MPDAF: BEG NE COR OF LOT 9 RUN S 00 25 30 W AL Fort Pierce, FL 34981 Joseph Coleman 1301-615-0132-000-9 Annette Coleman I..AIŒWOOD PARK-UNIT 12-A-BLK 173-A LOT 8 (MAP 13/13N) 5114-A Lasalle St Apt A (OR 1131-2932) Fort Pierce, FL 34951 Franklin T. Orr, Jr. 1301-615-0131-000-2 Eileen F. Orr I..AIŒWOOD PARK-UNIT 12-A-BLK 173-A LOT 7 (MAP 13/13N) 5111 Buchanan Dr (OR 661-2606) Fort Pierce, FL 34982-7417 Tiffany L. Jensen 1301-615-0130-000-5 5104 Ft. Pierce Blvd. LAlŒWO PARK-UNIT 12-A-BLK 173-A LOT 6 (MAP 13/13N) Fort Pierce, FL 34951 (OR- 1546-2264) Tiffany L. Jensen 1301-615-0129-000-5 5104 Ft. Pierce Blvd. I..AIŒWOOD PARK-UNIT 12-A-BLK 173-A LOT 5 (HAP 13/13N) Fort Pierce, Fi. 34951-2510 (OR 1455-1456) Indrio Associates Inc 1301-615-0128-000-8 P.O. Box 3271" I..AIŒWOOD PARK-UNIT 12-A-BLK 173-A LOT 4 (HAP 13/13N) Boynton Beach, FL 33424 (OR 1780-2685; 1841-1509) NOTE: ATTACH ADDITIONAL SHEETS AS NECESSARY. '-' EXHIBIT "D" "wi Type or print name, address, property identification number, and legal description of surrounding affected properties here I Owner Name and Address I Tax 1. D, Number and Property Legal Description Reta Pearl Conran 1301-615-0137-000-4 7105 Kenwood St. LAKEWOOD PARK-UNIT 12-A-BLK 173-A W 16.50 IT OF S Fort Pierce, FL 34951-3004 158.47 FT OF LOT 12 AND E 63.71 IT OF LOT 13 (MAP ]j)avid Conran 1301-615-0136-000-7 Reta P. Conran LAKEWOOD PARK-UNIT 12-A-BLK 173-A LOT 12-LESS W 16.50 P. O. Box 650276 IT OF S 158.47 IT - (MAP 13/13N) (OR 1242-714) Vero Beach, FL 32965 David Conran 1301-615-0135-000-0 Reta Conran LAKEWOOD PARK-UNIT 12-A-BLK 173-A LOT 11 (MAP 13/13N) P. O. Box 650276 (OR 1241-2515) Vero Beach, FL 32965 Tiffany L. Jensen 1301-615-0134-000-3 5104 Fort Pierce Blvd. LAEEWOOD PARK-UNIT 12-A-BLK 173-A LOT 10-LESS N 16.90 Fort Pierce, FL 34951-2153 Fr OF E 157.79 Fr - (MAP 13/13N) (OR 1455-1456) Indrio Associates Inc 1301-615-o118-ÐOO-5 P. O. Box 3271 LAKEWOOD PARK-UNIT 12-A-BLK 173 LOT 9 (MAP 13/13N) . Boynton Beach, FL 33424 (OR -1783-840; 1799-2591) Hartford Howell 1301-615-0117-010-1 5095 Dale Wood Ln LAKEWOOD PARK-UNIT 12-A-BLK 173 LOT 8 (MAP 13/13N) Lake Worth, FL 33467 (OR 1826-82) NOTE: ATTACH ADDITIONAL SHEETS AS NECESSARY. ~ """'" EXHIBIT "D" Type or print names, addresses, property identification number, and legal descriptions of surrounding affected properties here. Owner Name and Address Tax 1. D. Number and Property Legal Description Antonie Suarez 1301-615-0096-000(4 10608 SW 71 Lane Lakewood Park Umt 12-A Block 172 Lot 13 Miami, FL 33173 Josephine Bruser 1301-615-0097-000/1 P.O. box 3986 Lakewood Park Unit 12-A Block 172 Lot 14 Tequesta, FL 33469 Diane K Powell 1301-615-0098-000/8 P.O. Box 483 Lakewood Park Unit 12-A Block 172 Lot 15 Palm City, FL 34991 Ghazanfar Saeed 1312-801-0149-000/6 5201Paleo Pines Circle Holiday Pines SID Phase ii-B Lot 346 Ft. Pierce,FL34951 Veron Hibline 1301-615-0099-000/5 90 SE Taho Terrance Lakewood Park Unit 12-A Blk 172 Lot 16 and N. 22.34ft of Lot 17 Stuart, FL 34994 Anthony Serca 1312-801-0096-000/9 Psc 45 Box 705 Holiday Pines SID Phase ll-B Lot 293 APO AE, New York, Robert Collins 1312-801-0100-000/1 5102 Paleo Pines Circle Holiday Pines SID Phase ll-B Lot 297 Ft. Pierce, Fl34951 Brain Grothe 1312-801-0143-000-4 5101 Paleo Pines Circle Holiday Pines SID Phase 11-B Lot 340 Ft. Pierce, FL 34951 ~ '-" EXHIBIT "E" (list of abutting property owners) I Owner Name and Address, II Tax I. D. Number and Property Legal pescription ' I Dale 'T. &'jEJdzabeth M. 1301-615-0133-000-6 Mosher I...AlŒWOOD PARK-UNIT IZ-A-BLK 173-A THAT PART OF LOT 9 3050 Rogers Rd. Ml'DAF: BEG NE COR OF LOT 9 RUN S 00 25 30 W .AL Ft. Pierce. FL 34981 Tiffany L. Jensen 1301-615-0129-000-5 5104 Fort Pierce Blvd. I...AlŒWOOD PARK-UNIT 12-A-BLK 173~A LOT 5 (MAJ] 13/ 13N) (OR Fort Pierce. FL 34951-2510 1455-1456) , Tiffany L. Jensen 1301-615-0134-000-3 5104 Fort Pierce Blvd. I...AlŒWOOD PAR¡{-UNIT 12-A-BLK 173-A LOT 10-LESS N 16.90 FT Fort Pierce. FL 34951-2153 OF E 157.79 FT-(MAP 13/13N) (OR 1455;....1456) , '-' '..J EXHIBIT "E- /'" (attach one for each abutting property owner) AFFIDAVIT OF CONSENT FROM ABUTTING PROPERTY OWNER COUNTY OF ST LUCIE STATE OF FLORIDA Before me this day personally appeared DALE T. & ELIZABETH M. MosHEl\vho, being duly sworn, deposes and says: THEY isCare) the owner(s) of: (legal description of property) 1301-615~0133-000-6 LAKEWOOD PARK-UNIT 12-A-BLK 173-A THAT P.ART , OF LOT 9 MPDAF: BEG NE COR OF LOT 9 RUN S 00 25 30 W AL That ""TJþ' have been furnished a drawing which clearly indicates the Plat, easement or right-of-way to be abandoned and its relationship to bur property. ~ That ,we" hereby consent to the abandonment òfthe described petition site which is adjacent to my property, as described above, on the (check one) -À North _ South _ East _ West. DALE T. & ELIZABETH M. MOSHER above/foregoing statement is true and correct to the best of his /he \..~~~'~~"~" JAMIE K. DUPlANT1S "0 ~(" N :".... . ~~ olary Public· Slpte ot Florida ~ '. ':. ËMv Commlsslon Expires Ju 8 2007 ~(.:,:' ,;,y Commission /I DD 229929 'I, Uf'''' ,,\ ,,,,,,,,, Bonded By National Nolary Ä5.Wl , being duly sworn by me, declares that the their knowledge and believè. Î' r, ~dfo~~ M.. .K sçribed and swom to (oraffirrned) before me this~day ofi . ,20Œ,by ~ ~ who personally appeared ~ho is personally known to me, _ whose identity I proved on the basis of _ whose identity I proved on the oath/affinl1ation of , a credible witness \.; ....I / ( EXHIBIT "E (,......A (attach one for each abutting property owner) AFFIDAVIT OF CONSENT FROl\1 ABUTTING PROPERTY OWNER COUNTY OF ST LUCIE STATE OF FLORIDA Before me this day personally appeared says: TIFFANY L. JENSEN who, being duly sworn, deposes and SHE is(are) the owner(s) of: (legal description of property) 1301-615-0134-000-3 I..AlŒW'OOD PARK~UNIT 12-A-BLK 173-A LOT 10-LESS N 16.90 FT OF E 157.79 FT-tHAP 13/13N) (OR 1455~1456) That T have been furnished a drawing which clearly indicates the Plat, easement or right-of-way to be abandoned and its relationship to -Æ.- property. That ~ hereby consent to the abandonment of the described petition site which is adjacent to my property, as described above, on the (check one) _ North J:.. South _ East _ West. TIFFANY L. JENSEN , being duly sworn by me, declares that the above/foregoing statement is true and correct to the best of his /her/their and believe. ýWA-~ .JG-tJSEN Subscribe'd and sworn to (or affirmed) before me thisdl day of~~ , 2~, by~\~ "-S.4'(\C,H'\ , ~ who personally appeared , before me and _ who is personally known to me. _v-Whose identity I proved on the basis of~\.~\.. ~S~~~dlø2-<"")~ _ whose identity I proved on the oath/affirmation of a credible witness CYNDl L R USSA1<IS NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO, CC973296 r MY C()MMrc:.c:.,r" , ~,,_ _ ~ ~<)~- G ""-~ . Notary Public '-" ...J CONSENT FROM ABUTTlNG PROPERTY OWNER COUNTY OF ST. LUCIE STATE OF FLORIDA 13 0 1-615-0 134-000/3 LAKEWOOD PARK UNIT 12 A, BLOCK 173-A LOT 10-LESS 16.90 FT OF EAST 157.79 FT (MPA 13/13N) (OR 1455-1456) 1301-615-0129-000/5 LAKEWOOD PARK UNIT 12-A, BLOCK 173-A, LOT 5 (MAP 13/13N) (OR 1455-1456) I have been furnished a drawing which clearly indicates the easement to be abandoned and it's relationship to my property. That I hereby consent to the abandonment of the described petition site which is adjacent to my property, as described above, on the _North ~South_East ~ West. ~ ~ 'wi EXHIBIT "F- " (Consent letter from affected utility company) CONSENT OF INTERESTED OR AFFECTED UTILITYIDRAINAGE ENTITY 'DATE August 25, 2004 Cancast UTILITY COMPANY 41 52 Okeechobee Road .....~ ADDRESS Fort Pierce, FL 34947 CITY, STATE ZIP RE: Petition to AbandonlVacate , (Description of Petition Site enclosed) To Whom It May Concern: Please consider this letter as our request for a LETTER OF NO OBÆCTION to the abandonment of the above referenced site. Enclosed for your review is a copy of the sketch and description of the site proposed to be abandoned. A self- addressed envelope is also enclosed for your reply. If you have any questions or if I may be of further assistance, please contact me at 462- 1725 Thank you for your assistance in this matter. Sincerely, Ene. Petition site sketch and description. ********************************************************************************************* Consent as requested ~ Consent with the following conditions: Consent Refused Date: ~~ --- '-" .J EXHIBIT "F - " (Consent letter from affected utility company) CONSENT OF INTERESTED OR AFFECTED UTILITY/DRAINAGE ENTITY DATE June 11. 2004 FPL - Vieky Holly UTILITY COMP A.NY 3301 O~ange Avenue ADDRESS Fort Pipr~e. FlnT;n~ ~~9~7 CITY"STATE ZIP RE: . Petition to Abandon/Vacate (Description of Petition Site enclosed) To \Vhom It May Concern: Please consider this letter as our request for a LETTER OF NO OBJECTION to the abandonment of the above· referenced site. Enclosed for your review is a copy of the sketch and description of the site proposed to be abandoned. A self- ' addressed envelope is also enclosed for your reply. If you have any questions or ifI may be of further assistance, please contact me at 772-465-7435 Thank you for your assistance in this matter. . Sincerely, (Owner) Ene. Petition site sketch and description. ********************************************************************************************* Consent as requested .X· Consent with the following conditions: Consent Refused Auth Date: 7- 3t;J,() r '-' ~ TRANSMITTAL SLIP DATE: September 15, 2004 TO: Robert Lowen, Project Manager, Right of Way Bell South Fax- 561-964-3499 FROM: Janet liCausi Property Acquisition Agent fax: 772-462-1440 772-462-1425 RE: Lakewood Park Blk 173A Portion of Lot 9 Pamella :To. Mayr Mr. Lowen, We have been playing phone tag. I have left messages on your cell but I expect you are busy with the remains of hurricane Francis. I am going to fax over the sketch again for your review. There will still be a drainage/utility easement across the rear of the property for Bell South's use. The easement that is being proposed for abandonment runs along the southside of the property and under the house. It has been in place for over 30years without being used. Also attached is a new consent form which can be faxed to the above mentioned number. The abandonment has been postponed until October 5 because of the hurricane Francis. If I can be of further assistance please call 772-462-1725. Attachment cc: Property ¡Acquisition/file ...·11..·-/ -, '. (.J .\..f 'wi EXHIBIT "F - 11 - (Consent letter from affected utility company) CONSENT OF INTERESTED OR AFFECTED UTILITY/DRAINAGE ENTITY DATE June 11. 2004 Bell South - B~rh~r~ B~11. n;rpctor UTILITY COMPANY @ BELLSOUTH 2021 South M;H't"::Iry 'T'r::l;1. -'Rnnm 107 ADDRESS West Palm Beach. Florida 33415 C1TY, STATE ZIP BellSouth Telecommunications, Inc. 2021 So. Military Trail 1st Floor West Palm Beach, FL 33415 Robert C. Lowen j, Project Manager-Right of Way 5614399118 Fax 561 9643499 Cellular 561 329 5451 RobertLowen@BeIlSouth.com RE: Petition to Abandon/Vacate (Description of Petition Site enclosed) ..---- To Whom It May Concern: ....~~. Please consider this letter as our request for a LETTER OF NO OBJECTION to the abandonment of the above referenced site. Enclosed for your review is a copy of the sketch and description of the site proposed to be abandoned. A self- addressed envelope is also enclosed for your reply. If you have any questions or if I may be of further assis~ance, please contact me at 77 "J-46 ')-741') . Thank you for your assistance in this matter. Sincerely, Ene. Petition site sketch and description. ********************************************************************************************* Consent as requested Q 0_ ~ crf!~..:J 'j"2." \" "'~ \- C, L. o-..(! "- 'is,.::. \ \ S ~ J-\- \.-. T ~ \ -E' <.. .:: ,,- '"'" \.) I~ (<:,,,,,~ 6 ;';:'..1: J..N(, Consent with the following conditions: Cçmsent Refused Date: Authorized Reoresentative '--' EXHIBIT "G" Proof ofownersliip'ofpetition site or adjacent benefiting property '-' ,J .. - - -...-..-.... ~-- ~... I fo)..;~" , ~ ;,,- '=LO~H·.J':.' 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"-~ ~ .~......, "-..... ---'..... ...... ~ ..... ..... .... .i-- ____ . ç:Á~ ',f? /,~ - =~r-ro~ ~_. - ,. _-.n:.~ -saQ KIN -3 ",2r~ r ~ - 1t'~~~lt.:.7:.!I~ La.:. _ , ~ sr..~ OP ~ Bbod. x.al.&ZÙ1 ,..N~.n:~~~<tÍ7J:.: .. CQu,..,.. Of' ~O'II'id......... . i )1ë:i1Þ."t' elM'", Iit.t _ ..... ...., ...,___..... .. ~ _tp .......'"J ,w .... __ . -' oJ .........-~ ~ - , . n7..KJ:.ZtY -~:R%!lØ:or - Þ-~ .--... 1ft ...... ......... ....-...... 'fh. __....... ,.........-..... ..... ~....;¡........... '........ ;¡¡;;.¡¡¡. ,.... .. - .It.-_ .'~ ... I~ ~_.. .... ~I."~ ·WJf,..&S.I -.r "."wi .... .."'104' --' '" .... c..-,. ........ :.... .... '.............. 'tU"O , '" Mtf.·-----' ~.. .J.tl c:.U·:":::: =:;;::..J..:"~~ ~ to't1 uiM342 ~.¡cf 254.' . - _....._-.. z;>e,."",r::i.pt:.1.,a.... :5= z.~AJ:.J,..,.Yr, .Do<=ume::I~-30oJc''-,..ag.. J~Z,..::r54 -'$1.0, J: oZ J. Q,~dO/>r' z't: pi orc:..C'oaum.....'c , ....,-.-,..-- ¥....-.. .. .-- r- rv' j ê~M i~r?~ , V-" "'-\ '") __J\.:::>' ;? ., ,- " . --. \'\\ /~5 ~-\C f 11 ~ "WI EXHIBIT "R" Certification of taxes paid on petition site or adjacent benefiting property Hob Vavis, CPA, CG~FC DI1r.;·U:Cr-¡TE:: ~::O()::: F:!:J,L EST(.:¡TE 5T. LUCIE COUNTY TAX COLLECTOR NOTICE OF AD VALOREM TAXES AJ '-..I )N-AD VALOREM ASSESSMENTS Mõ\':o'r'" P¡¡\mel a, .J 20~' S 25th st Fo~t Pie~ce,FL 34947-3603 . . County Pa~ks MSTU Co Public Transit MSTU Erosion District E Environ Signif L~n~ Band Law1En~,Jall ,Judlclal Sys Co ~eneral Revenue Fund , St Lucie County Port Bond S~ Lucie Co Storm Wtr Mgt St Luc~e Co Comm De~ MSTU Law Enforcement MSTU Childrens Service Council StLucie Co Fir'e Dist,r'ict, FLlnland Navigation Dist Mosquito Cant,r'ol SchcolNcn-voted Cap Imp Set'IOD'I ,Voted Cë:1p ita 1 Imp School Reg Lee Ef/Discret S FL Water ~grnt District TOTAL MILLAGE i I: 12 :348 :~{9E LAkEWOOD PARK-UNIT 12A- BlK 173AS 63.10 FT OF LOT 9 AND N 16.90 FTOF E 157.79 FT OF LOT 10 (ALL ASMEAS ON E LOT LI) (MAP 13/13N) (OR 342-254) AD VALOREM TA ES , .: .2:::100 .0900 .1000 .1.:380 :3.5066 4.0728 .0240 .4108 .5256 · ::{681 · :391 5 2.7806 .0:385 · 27~57 2.0000 .2280 6. 8~550 .6970 1,," 07 "_, .. I I , 5.0:3 5.59 7.71 , 1 96. 02 227.67 1.34 22.96 29.38 20' ~ 58 21.88 l55.44 2"'.15 1 !:i .Al ,'," ,.111. 8,() " 12.75.~ :35!":.1 w.2'5 :2{ 8 . 9;7. , RETAIN THIS PORTION, . FOR YOUR , ,RECORDS .£:.2..2522 ,AD VALOREM TAXES NON.AD VALOREM ASSESSMENTS ',.:C,' PLEASE :;PAY ONLY " ONE , PAMOUNT "SHOWN IN ,_' YELLOW . SHADED AREA; ,LL TAXES BECOME DELINQUENT APRIL 1ST. NON-AD VALOREM ASSESSMENTS ¡'IOV :)0 1 194.1.4 1 OMB1NED TAXES AND ASSESSMENTS -..--... ... - .. - .. ob Davis, CPA. CGFO, CFC .UCtE COUNTY TAX CClU.fCTOA DUPLICATE $1,243.90 PAY ONLY ONE AMOUNT AMOUNT DUE - IF PAID BY JAf\1 :31 1 219.02 FEB 29 :!. 2:~{1. 46 t'IFIR :31 1 24:3.90 ....-.... .. - .. - - - ... .. .. . - - - - ...-.--..---........: 200:;: F:EAL EST ~HE NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS ;;',rr'~ P¡;.,me' r.\ ..J 0/ ~ 25th St crt Pierce,FL 34947-3603 12 :348 :~{9E LAKEWOOD PARK-UNIT 1.2A- eLK 17~AS 63.10 FT OF LOT 9 AND N 16.90 FTOF E 157.79 FT OF LOT 10 (ALL A8MEAS ON E LOT LI) (MAP 13/13N) (OR 342-254) Y IN U,S. FUNDS TO BOB DAVIS, TAX COLLECTOR' P.O. BOX 308 . FT. PIERCE, FL 34954-0308 NOV :~{O DEC :~{1 ..JAI'-I 31 FEB 29 ",):,-x, '-' EXHIBIT "I" Resolution of Abandonment by Municipality , (Only if petition site is within a municipality) .1\ \ PI "wi ._ ____ .__ _ _._ u _ ,__.__ '-' '...".¡ EXHIBIT "J" ·Petitioner's statement in support of granting petition House was built over a drainage and utility easement ~ """ EXHIBIT TTK" . (proof of Publication of Notice of Intent to File a Petition for Abandonment) '-' SCRlr~S TREASURE COAST NEWSPAPERS Fort Pierce Tribune Port St. Lucie Tribune 600 Edwards Road. Fort Pierce, FL 34982 AFFIDAVIT OF PUBLICATION SCRIPPS HOWARD STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared, S, Dariene Mailing, who on oath says that she is Classified Inside Sales Manager of the Fort Pierce Tribune and the Port St. Lucie Tribune, a daiiy newspaper published at Fort Pierce in 51. Lucie County, Florida: that the attached copy of advertisement was publshed in the Fort Pierce/Port St. Lucie Tribune in the foHowing issues below, Affiant further says that the said Fort Pierce/Port SI. Lucie Tribune is a newspaper published in Fort Pierce in said St. Lucie County, Florida, and that said newspaper has heretofore been continuously published in said SI. Lucie County, Florida, daily and distributed in 51. Lucie County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Fort Pierce Tribune has been entered as Periodical Matter at the Post Offices in Fort Pierce. SI. Lucie County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement Ad Pub Customer Number Date Copvline PO# 633034 5/25/2004 NOTICE NOTICE 6/1/2004 Subscribed and sworn to me before this date: June 01, 2004 .3. 'jy~~4~ ~ ~ ~ C0 ' I I Z::vv---- "¡otary publi~ .-......----- .""",,, ¡ì- .;;.,;;. , ",.~~~~.. },IARY'i. BYRHE lUj' ~-;:~ Notuy Public - State at RorIda ª. - , '~My Canmi:s1!iJn E:tpi"es Aug 2, 20œ ~ &'1/ Gommmission , DD1328004 '~;R,;r,;:¡\", Bonded By National Notary Assn, ""'" -, .' ~ ..",,¡ This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney St, Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 RESOLUTION NO. 04-262 DATE: October 5,2004 A RESOLUTION OF THEBOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, CLOSING, VACATING AND ABANDONING ANY INTEREST OF ST. LUCIE COUNTY AND THE GENERAL PUBLIC IN A DRAINAGEIUTILITY EASEMENT ON A PORTION OF LOT 9 AND 10 OF BLOCK 173-A, UNIT 12-A, LAKEWOOD PARK SUBDIVISION AS PER PLAT THEREOF ON FILE IN PLAT BOOK 11, PAGE 35,36, AND 37, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St, Lucie County, Florida, has made the following determinations: 1. That Sections 177.101,336.09 and 336.10, Florida Statutes, as amended, and Section 11.10,01 et. seq. of the St. Lucie County Land Development Code, provide that the County may adopt resolutions vacating rights-ofway in whole or in part, which are under the jurisdiction of the Board of County Commissioners of St, Lucie County, Florida. 2, Pursuant to Plat Book 11, Page 35, 36 and 37, St. Lucie County and the general public have a dedicated interest in the following described land: NORTH 20 FEET OF THE SOUTH 26.90 FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND: COMMENCE AT THE SOUTHEAST CORNER OF LOT 10, THENCE RUN NORTHERLY 80.00 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE NORTHERLY ALONG THE EAST LINE OF LOTS9 AND 10 A DISTANCE OF 80.00 FEETTOA POINT; THENCE RUN WESTERLY 157.79 FEET TO A POINT; THENCE RUN SOUTHERLY PARALLEL TO THE EAST 1 '-' ..." LINE OF LOT 9 A DISTANCE OF 80.00 FEET TO A POINT, WHICH POINT IS 16.90 FEET SOUTH OF THE INTERSECTION OF LOTS 5, 9 AND 10,. THENCE RUN EASTERLY 157.79 FEET TO THE POINT OF BEGINNING. ALL OF THE ABOVE DESCRIBED LYING IN AND BEING A PART OF BLOCK 173-A OF LAKE WOOD PARK UNIT 12AACCORDING TO THEPLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGES 35,36 AND 37 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. 3, The purpose of this abandonment is to abandon the easement which lyes on the southside of property and is partially located under the house. 4. A Notice of Intent to Abandon was advertised on May 25, 2004 and June I, 2004, and no objections were filed. 5. All relevant public utilities who have responded have given written consent to the proposed abandonment. 6. County Department staff members have reviewed the petition and have filed no objections to the proposed abandonment. 7. The abutting property owners have consented to the proposed abandonment, 8. It is in the best interest of the public to vacate and abandon the drainage/utility easement on a portion of Lots 9 and 10, Block 1 73-A, Lakewood Park Unit I2-A, more particularly described as follows: NORTH 20 FEET OF THE SOUTH 26.90 FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND: COMMENCE AT THE SOUTHEAST CORNER OF LOT 10, THENCE RUN NORTHERLY 80.00 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE NORTHERLY ALONG THE EAST LINE OF LOTS 9 AND 10 A DISTANCE OF 80.00 FEETTOAPOINT,. THENCERUN WESTERLY 157.79 FEETTOAPOINT,. THENCERUNSOUTHERLYPARALLEL TO THEEAST LINE OF LOT 9 A DISTANCE OF 80. 00 FEET TO A POINT, WHICH POINT IS 16.90 FEET SOUTH OF THE INTERSECTION OF LOTS 5, 9 AND 10,. 2 '-" """'" THENCE RUN EASTERLY 157.79 FEET TO THE POINT OF BEGINNING. ALL OF THE ABOVE DESCRIBED LYING IN AND BEING A PART OF BLOCK 173-A OF LAKE WOOD PARK UNIT 12AACCORDINGTO THEPLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGES 35,36 AND 37 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. and to renounce and disclaim any rights of St, Lucie County and the general public in and to the drainage/utility easement on a portion of Lots 9 and 10, Block 173-A, Lakewood Park- Unit 12A, St. Lucie County, Florida. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: That drainage/utility easement on a portion of Lots 9 and 10, Block 173-A, Lakewood Park- Unit 12A, lying in Section 12, Township 34 South, Range 39 East, more particularly described as follows: NORTH 20 FEET OF THE SOUTH 26.90 FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND: COMMENCE AT THE SOUTHEAST CORNER OF LOT 10, THENCE RUN NORTHERLY 80.00 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE NORTHERLY ALONG THE EAST LINE OF LOTS 9 AND 10 A DISTANCE OF 80.00 FEET TO A POINT; THENCE RUN WESTERLY 157.79 FEET TOA POINT; THENCE RUN SOUTHERLY PARALLEL TO THEEAST LINE OF LOT 9 A DISTANCE OF 80. 00 FEET TO A POINT, WHICH POINT IS 16.90 FEET SOUTH OF THE INTERSECTION OF LOTS 5, 9 AND 10; THENCE RUN EASTERLY 157.79 FEET TO THE POINT OF BEGINNING. ALL OF THE ABOVE DESCRIBED LYING IN AND BEING A PART OF BLOCK 173-A OF LAKE WOOD PARK UNIT 12AACCORDING TO THEPLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGES 35,36 AND 37 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. 3 '-' is hereby closed, vacated and abandoned and the right, title and interest of St. Lucie County and the general public in and to said lands hereby disclaimed and renounced. Chairman Paula Lewis Vice-Chairman John D. Bruhn Commissioner Doug Coward Commissioner Cliff Barnes Commissioner Frannie Hutchinson PASSED AND DULY ADOPTED this 5th day of October ,2004. ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA Chairman Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: By: County Attorney 4 ~ ....." ITEM NO. 5B DATE: October 5, 2004 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [X] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) ;t~~ 'Michael y, Powley, ~ County Engineer SUBJECT: Public hearing to review the application request of Bay Hill Holdings, LLC (Florida Rock Industries, Inc. - North Plant) for a Mining Penn it (Renewal). This request is to seek Board approval for a Class II mining pennit for a period of twenty years. BACKGROUND: The Florida Rock Mine - North Plant is located in southern St. Lucie County between Glades Cutoff Road and Range Line Road. This parcel has been mined since the original pennit was approved on October 18, 1977. The most recent pennit was issued on October 1, 1984 and expired on October 1, 2004. The pennittee is requesting a renewal for the mining operation, which requires a public hearing. The regulatory pennits for the mining operation are still in effect. For additional background infonnation see the attached sheet. FUNDS AVAILABLE: N/A PREVIOUS ACTION: October 18, 1977: Board approved original mining pennit. October I, 1984: Board approved a Class II Pennit for a period of20 years. January 7, 2003: Board approved the scheduling of a public hearing to be held on February 4,2003. This Public Hearing never took place. January 27,2004: Board approved the scheduling ofa public hearing to be held on March 2, 2004. March 2, 2004: Board approved to continue public hearing to April 6, 2004. April 6, 2004: Board approved a change in hours for crushing operations. August 10,2004: Board approved the scheduling of a public hearing to be held on September 7,2004. RECOMMENDATION: Staff recommends Board approval of a Class II mining penn it for twenty years to be updated every 24 months subject to the following special conditions: 1. Hours of operation: Excavator - 6:00 AM. to 10:00 P.M., Monday through Friday; 6:00 AM. to 3:00 P.M., Saturday Shipping - 6:00 A.M. to 6:00 P.M., Monday through Saturday; Crushing - 6:00 AM. to 10:00 P.M., Monday through Wednesday; 6:00 A.M. to ~P.M., Thursday through Friday: I ~'" J ~ """ 6:00 A.M. to 3:00 P.M., Saturday; and Blasting - 9:00 A.M. to 5:00 P.M., Monday through Friday 2. A performance bond of $69,645.65 will be maintained. 3. Prior to the commencement of any mining-related operations, approval from all other regulatory agencies shall be submitted to the County Engineer. 4. Pursuant to Section 378.802, Florida Statutes, the mine operator must notify the Executive Director of the Florida Department of Environmental Protection, Bureau of Mine Reclamation, Innovation Park, 2051 East Dirac Dr., Tallahassee, Florida, 32310, (904) 488-8217 before any new surface area is disturbed. 5. Violations of the mining permit or mining plan are subject to permit revocation by the Board of County Commissioners and/or subject to a fine of $250 per violation and an additional $100 per day for each day that the violation is not brought into compliance. 6. All equipment, machinery, and structures, which are accessory to mining, shall be properly removed from the site at the expiration of the permit. 7. Stockpiled material and haul roads shall be periodically watered down during dry and/or windy conditions to minimize migration of sand, dust, or air contaminants to surrounding properties. 8. As part of the reclamation phase, the permittee shall provide the County Engineer with an as-built survey which includes, but is not limited to, water depths, setbacks, and cross-sections (200' minimum). The survey shall be performed and certified by a professional Land Surveyor in the State of Florida. The property lines shall be monumented. 9. Placement of the crushing equipment below natural grade. 10. Post signs, notice, and contact hauling contractors regarding the restriction of Jake brakes entering and exiting the mme. 11. Convert the diesel-powered pumps to electric powered pumps. 12. The start of construction of turn lanes on Rangeline Road will begin within two years of permit approval. 13. The permittee shall coordinate permitting for the relocation of gopher tortoises found on site with the appropriate state agencies. The Environmental Resources Division shall be copied on all correspondence with these agencies. /XI APPROVED [ J OTHER [_¡ COM" A",,",oy ~ b0>- g] Env, Res, Div,-- ~\Ñ~tl ~~ (Check for copy o~plicali e) [ ] DENIED NCE: COMMISSION ACTION: Do gl sAnderson County Administrator [x] Road & Brid~ [x] Originating Dept. Public Works ~. [ ] Fiscal Coor, [ ] Growth Management Approved 5-0 Motion to include amended hours submitted by applicant. 'III '-" ...., COMMISSION REVIEW: October 5, 2004 Back!!round: On August 10, 2004, the Board authorized staff to schedule a public hearing on the above mining pennit application. Attached you will find a copy of the notice mailed to the adjacent property owners. The property is currently zoned for Industrial Extraction. The existing mining area, known as Florida Rock Mine - North Plant (Ft. Pierce Quarry), is located in southern St. Lucie County (S15, 22, & 23/T37S/R38E) between Glades Cutoff Road and Range Line Road. The pennitted mining limits are approximately 465 acres and have been mined since the original pennit was approved on October 18, 1977. The Board approved the most recent pennit on October 1, 1984 for a period of 20 years. The 465 acres is broken up into two phases, with Phase I being 373.4 acres and Phase II being 91.6 acres. Phase I and approximately 24.9 acres of Phase II has been completed. The pennittee is requesting a renewal of the mining operation for the remaining 66.7 acres of Phase II, which requires a public hearing. Staff has reviewed this request and detennined it to be complete. The proposed operation includes excavation of fill material and coquina rock from the remaining 66.7 acres of Phase II. Overburden and topsoil will be removed with nonnal excavation machinery. Front-end loaders and track hoes will continue to excavate overburden into a stockpile to be loaded onto trucks and hauled away or used elsewhere on-site. Sufficient overburden and topsoil will be retained to complete the sloping and reclamation requirements. The removal of the overburden in this fashion results in a work surface from which the coquina can be further processed and a safety benn of overburden is maintained at natural grade, parallel to the work area, 5 - 10 feet in height. Once the overburden has been removed, and the top of the coquina is exposed for a sufficient width, the coquina is drilled for blasting. Blasting is utilized to fracture the coquina from the surrounding material so that it can be removed from the excavation. Hydraulic machinery excavates the raw coquina into piles to allow excess moisture to drain. A portable crusher is then used to crush the raw coquina to smaller sizes and produce coquina base rock. In order to work in dry conditions, the borrow area will incorporate pumps to dewater the area. Electric powered surface water pumps will be used to lower the water table. This water is pumped into a previously mined area utilized as a settlement basin and then to recharge ditches on the perimeter. During the mining operation, the annual output of material is estimated at 700,000 tons per year. At this time Phase I and 24.9 acres of Phase II are complete and reclamation has begun, When the original pennit was approved the only reclamation required by the County was the side slopes to be graded to 4: 1 and the banks seeded and mulched. The reclamation of the remaining 66.7 acres of Phase II will require that all disturbed areas be graded, and seed- and-mulched, side slopes will be graded to 4:1, and a final littoral zone planting will be accomplished. All equipment, machinery, and structures, which are accessory to mining, shall be properly removed from the site. The mining limits reach no closer than approximately 125 feet to any property boundary. The closest public road is Glades Cut-Off Road, which is over 600 feet from the northernmost project boundary. Access to and from the site is limited to Rangeline Road. A cost analysis was used to estimate the perfonnance-bonding requirements for this mining operation. Typical construction tasks and associate unit costs were used in detennining a bond amount. It is recommended that the bond amount be increased from $10,000 to $69,645.65. On April 6, 2004, the Board approved the modification of the rock crushing hours. Those crushing hours were 5:00 A.M to 9:00 P.M., Monday through Wednesday; 6:00 A.M. to 6:00 P.M., Thursday through Friday and; 6:00 A.M. to 3:00 P.M., Saturday. The applicant has requested that the hours for crushing be changed slightly for this penn it, however the total number of hours for crushing remains the same. The total number of hours for the overall operation has decreased from the previous pennit. ~ ....., To date, no complaints have been filed through the Engineering Division since the last Public Hearing held on April 6, 2004, regarding this mining operation. Staff recently visited the site and found the existing operations to be in conformance with the existing permit. CONDITIONS: 1. Hours of operation: Excavator - 6:00 A.M. to 10:00 P.M., Monday through Friday; 6:00 A.M. to 3:00 P.M., Saturday Shipping - 6:00 A.M. to 6:00 P.M., Monday through Saturday; Crushing - 6:00 A.M. to 10:00 P.M., Monday through Wednesday; 6:00 A.M. to 6:00 P.M., Thursday through Friday: 6:00 A.M. to 3:00 P.M., Saturday; and Blasting - 9:00 A.M. to 5:00 P.M., Monday through Friday 2. A performance bond of $69,645.65 will be maintained. 3. Prior to the commencement of any mining-related operations, approval from all other regulatory agencies shall be submitted to the County Engineer. 4. Pursuant to Section 378.802, Florida Statutes, the mine operator must notify the Executive Director of the Florida Department of Environmental Protection, Bureau of Mine Reclamation, Innovation Park, 2051 East Dirac Dr., Tallahassee, Florida, 32310, (904) 488-8217 before any new surface area is disturbed. 5. Violations ofthe mining permit or mining plan are subject to permit revocation by the Board of County Commissioners and/or subject to a fine of $250 per violation and an additional $100 per day for each day that the violation is not brought into compliance. 6. All equipment, machinery, and structures, which are accessory to mining, shall be properly removed from the site at the expiration of the permit. 7. Stockpiled material and haul roads shall be periodically watered down during dry and/or windy conditions to minimize migration of sand, dust, or air contaminants to surrounding properties. 8. As part of the reclamation phase, the permittee shall provide the County Engineer with an as-built survey which includes, but is not limited to, water depths, setbacks, and cross-sections (200' minimum). The survey shall be performed and certified by a professional Land Surveyor in the State of Florida. The property lines shall be monumented. 9. Placement of the crushing equipment below natural grade. 10. Post signs, notice, and contact hauling contractors regarding the restriction of Jake brakes entering and exiting the mine. 11. Convert the diesel-powered pumps to electric powered pumps. 12. The start of construction of turn lanes on Rangeline Road will begin within two years of permit approval. 13. The permittee shall coordinate permitting for the relocation of gopher tortoises found on site with the appropriate state agencies. The Environmental Resources Division shall be copied on all correspondence with these agencies. .-. "wi' ~. Ruden ~IIMcClosky 145 NW CENTRAL PARK PLAZA sum: 200 PORT ST, LUCIE. FLORIDA 34986 (772) 873-5900 FAX: (877) 861-8994 JOHNATHAN,FERGUSON@RUDEN,COM July 27, 2004 rõJ Œ ~ Œ r: í'¡7 ~ r';;ì wl'~ 2\'~!'J~ Wi L - Et,rr:J' ';,1 r-r.:RI¡"'"'G '\i.... 5tJJ-.... . Hand Delivery Michael Powley, P ,E. St. Lucie County Engineering Division 2300 Virginia Avenue 2nd Floor Annex, Rm. 229 Fort Pierce, FL 34982 Project: Florida Rock Industries, Inc. (462-33G) Re: St. Lucie County Mining Permit Application Dear Mr, Powley: For purposes of the above noted Mining Permit Application, please find enclosed a copy of the Warranty Deed to Bay Hill Holdings, LLC, the current owner of the property which will be subject to this permit, Please note that the legal description attached to the deed covers more property than is involved in this permit application, You will find the relevant legal descriptions under Parcels G, H and I of Exhibit "A" attached to the deed. If you need any further information as to the ownership of the property, please do not hesitate to contact me. Thank you for your assistance. Sincerely, $~~ Ene. cc: Robert Martin w/enc. Chryl Ellinor w/enc. PSL:13128:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. fT. LAUDERDALE. MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE . SARASOTA· ST. PETERSBURG· TALLAHASSEE· TAMPA· WEST PALM BEACH (¡tUrK' G. CilIUm, .Jrl, I:,¡q. COlUnl,lirowu,Caldw.ll,Bark.tt & aaravagli.. Attornoy. At Law Jt\ 755 Benchhnd Blvd. \.1/... Voro BeACh, FJorlda 329G3 772/2~1.4343 ¡-.FCc-llt> Numbtr1 Warranty Deed This Indenlure, Made Ihi.~ t. ~ day of r-~ br<-I". Y' Ý , 2004 Al" Between Margaret McCarty Monahan and Michael (). M':>na~han. Trustees under the M&rgaret McCarty Monahan Living Tr\løt dht,~d September 5, 2000 of tJ~ COllnt)' of St.. Lucie . :!ito.IC o( FJ.orida , grantor, gll.1 BAY HILL HOLDINGS, LLC. a Florida limill:.' ,d liability compa,ny "huse ..Idr." is' 5779 NW 151st Street. Miami La':<lm, P'L 33014 of lite C"ounry nf Mi ami -Dade 1.,... uf Florida . grantee. Witnesseth lIt.t ,~. GRANTOR, fnr and in cnnsld.rotic·. uf.he sum of __n__ - - - - - -- - - - __n -- - -TEN DOLLJ\RS ($1I) u_ - - - -- -- - - -- - -- - _ __ -_ OOLLARS, ilnlt othcr gOl)(j alllj ""Juahl.: wnsidcrnuon 10 (jRANTOlt in hand p:ud b·' l.iltANT1::I£, tJw receipt whereM 10; hcreb~ acl.:n~)wlcdJ!l.'d. ha\ gr.1ßtt'\J, b,ugsinnl anll ~old to ,he "aid GRANTEF. and (ìRhNTEE'S hril~.' ¡:n!....nr, .and assign., lÍ)rclicr, the f()lIuwmg lIcscrihcd I:lnd, iitual". 1)'ingandbcmKtnlhcCuunl)lur" St.. Lucie ~jta.e ur Florida 10WII: See Exhibit "A" attached hereto Subject to the Permitted Exceptio::1S lIœt f()rth on Exhibit "B" attached hereto. which rcscrvations and rcstr1cr::ionJ> wIll n,)[ b~ reimposed. JOANNE KOLMAN,:L£RK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY File Nuu,ber: 2.35905'1 OR BOOK lCJ09 PAGE llQl Recorded:03/01/:J4 1~:04 .., .., '" N "" * Doc AssuIßP: $ * Doc Tax $ * In t Tax : $ 0.00 50. !S70 .10 0.00 t;: ¡md Ihe t;ranlm dr,c." ht·rt:h)l rull)' warm"1 Ihe fIItc: tn ".11,1 'anel. or'" Wli ,1\ kn.1 111«: or.J,mc agaln"l í)wJi,1 dillll\\ ¡If 0111 pC'~uns ""'\(1m""'I:\'c, In Witness ""'hereof" \he granlur l1a... hercunto K'I ,to; hanll ;",..1 ",~~.:J,I Iht d3)1 2nd year finl aÞuvl' wonlt.:" Signed, scaled and delivered in our presence: />!lal~g~C"e1: ¡McCarty llJonahan and I,iic:ha,al O. Monahan. Trustees under t.ho Nargaret McCarty Monahan Living -"I~"Bt dl1t<e'dhep~eG;% 2000 /"'.~ /1 ~~L:4 / 7'7r- J!J; ?tb{J~~'(!.~t711 ~'I¡¿,{¡tI1,_?h1-~/¡¿¡^- p~~&< -/~.::J1. '«jlrga~~'~ McCarty Mo ban wi tness Cð-'Prll"S tEI<Ø ~~~ ~ Itr"+~~ Witness :, () Add,,:·;}. .-.72 S. 8rllck~milÞ Itbad,.1I 'J,¿o,-U'.. I .,,,Q.s~ By ::lf~~:g'....~L n -¡,(.o'r~_ ,S"ill) 11~,c]u"Ü O. Monahan, Co-Trustee I' ¡ ~ A,M,.:',.; JfI,';! s. Uruclnmith Kit:.". hlrl I""rtc'. l.. .\.¡v.a!li SlAn: 0..' Florida COUNTY OF 1",'\,,,,, (J ',r ,("' l"h~' 11I'('l:"I,lg IIhlnm":111 \\òI~ :n"ntm !,,'dgt:d t-,.:'lfC '"1 11.1, 0:"' C; i~ "I.n 1'1 r '.' I) Y \.'.Þ- . ~ " Margaret McCarty Monahan and 11ich,ko1 O. Mon'khan. Truoteeo under the Margaret McCarty Monahan l,ivhl9 TI~uc¡¡t dated September 5, .~'~~~:£:·~:::"'.::~~~':"'UI" 111'-..' "h"'I..\t'I","I,nt',t 11I('1f Florid"ll driver ~ 0 licenoe ,I' ",,".'lth, .1'-"11 . 2004 '" 2000 MARGARET.I AVERILL NCI;\f\' ;~'l:-l'C <;!;~Iû 01 f~{fHJÍj My (.ofrl.",..un bp JUlt 22, 20Ur, /I.. C(¡mm'~:"OIl No, 00035930 . "1-, ,-) , 1/ ' ,/: " ' ,:_,,£."L.:.i(.~'!.C ' .,~ _~ P~~nlte9""Name: '.,. t~Qt"III:Y I?ublic-' _._._~.__._._--_. . :.L _L(';L_~L_ ~~~\ l.IIII'It'II.\.' In'· '1)lh'" Parcel E: A parcel lying in Seelion 28, Township 37 South, Rang! 3E; EllS!, St, Lucie County, Florida, dcscribcd as follows: Commcneing al th,e NordIc; 1St corlcr of Seclion 28, Township 37 Soulh, Rangc 38 Easl, run Wcsterly along the North Sectåon lin,: ) ,406.62 fect, more or kss, to the Point of Beginning; thence continue Wcslerly II long the NOl1h Se>ction line 1,791.06 feel, more or less; thence run Southerly 662,29 feet, more or less; thence nil Easterly 1,791,04 fect, more or less; thence run Northerly 661.93 feel. more or less 10 Ihe Poi It IJfBeginning, Parcel F: All thaI part oCthe Southeast 1/4, of the SoutheasI 114 of Sc,":tion 16, Township 37 South, Range 38 East, St, Lucie County, Florida, lying South ¡¡n,d East (flhe Southcrly boundary of lhe Easterly righl of way orlhe Florida East ('oasl R:I'ihvay; and A pared lying and being in Section 2 I, 'I ownsh¡p 37 SOllth, Range 38 East descrihed ilS follows; From the Northeast comer of Section 21, run We¡,tcrly a '1n¡¡ ¡he North line of Section 21 327.40 feet to the Easterly righl of way line of the Florid", East CO.,51 Railway; thence run Southwesterly along said right of way 4,271,80 feel; Ihen run SellJth 0 I :Iegrces 55' 52" EaSI 2,286.09 feet 10 Ihc Soulh line ofSeetion 21; then run Easter!y along :mid South linc 3,256.48 fcclto Ihc Southeast comer of said Section 2 I; thcn run ~orth 01 degrees 55' ~i2" Wcst along the East line of said Section 5,34;,) 5 fcello the Point of Beg ',nning. Pared G; All of Section 22, Township 37 South, Range 38 E~;I, St. Lucie COUllty, l'lurida I'arcell !; All of that part of Section IS, TO"'lIship.l7 :)ou'!h. .:~lIgc 3~: blSl, IYlIIg and bClng Southerly of Ihe Easlerly riglll of way oflhc Florida E.lsl Coas', I¡ailway. SI. !.UCil'lOllnly, Florida, Parcell: All ofScclion B, Township 37 South, Range 3:, ¡:~..;I, Sr. L.ucie ('uun:;.. Fll'lId;, I<'~, ;"It] <:scqn that par_,...1 eonvc}'<:d to John 1\.1, :'vIc('arly..Ir. anll C,."tllla" l\'1c('aI1Y;1I 0,1{, Book 5.), page ¡ N.j, which parc:cI is dcscnhed as lollows: Th,'!'a"t 1111.:<: lourlhs (,1/4) .,flhe Su/llh fin' eights (S'S). kss the Fasl DO fi:ct and the Soull, 1(,5 kd r,fS.'clion:!J, TuwlIslllp 37 Suulh. ¡{;lIlg.: ,:S E:lst, SI. Luclc Cuullly, Florida, , :'j "1'1 . I.".. / I . . . IlIill;,1 .' f '.__' vuJ.. CI '" 0.' ~:~ .. 1; " :T~. .;-> ,., ,- ,. .,J r...' '-" ..." LJlodl BOARD OF COUNTY COMMISSIONERS ~:P. l!eJ t: I E ~,,',' c. COUNT,y '" ~\i,_ , F., L ! 0 R· I D A '> ,,-,.,., > ,. .'".,.:' , .~! PUBLIC WORKS DEPARTMENT August 12, 2004 In compliance with the provisions of the St. Lucie County Land Development Code, you are hereby advised that Bay Hill Holdings, LLC (Florida Rock Industries, Inc. - North Plant), has petitioned the Board of County Commissioners to review and approve a mining permit application for the following described property: MINING AREA Those parcels of land located in Section 15,22, and 23, Township 37 South, Range 38 East, St. Lucie County, Florida, described as follows: PARCEL I: That part of said Section 15 lying South and East of the Florida East Coast Railroad right-of-way less and except the following: (1) The land conveyed to Florida Power and Light Company by deed recorded in Official Records Book 202, Page 2544, Public Records of St. Lucie County, Florida (the land described in said deed is hereinafter referred as "Florida Power and Light Company Right-of-Way"), (2) The land lying within 165 feet of the Southeasterly boundary of the Florida Power and Light Company Right-of-Way. (3) The land lying within 950 feet of the West line of said Section 15, (4) The land described as follows: Begin at the Southeast corner of said Section 15, from the Point of Beginning thus described, run Northerly along the East line of Section 15 a distance of 4500 feet more or less to the point of intersection of the East line of Section 15 with a line lying 165 feet Southeasterly from and parallel with the Southeasterly boundary ofthe Florida Power and Light Company Right-of- Way; thence run Southwesterly along said line lying 165 feet Southeasterly rrom and parallel with the Southeasterly boundary of the Florida Power and Light Right-of- Way, a distance of 1600 feet; thence run Southeasterly a distance of3500 feet, more or less, to a point lying on the South line of Section 15 and 165 feet Westerly of the Southeast comer of said Section 15; thence run Easterly along said South line a distance of 165 feet to the Southeast corner of Section 15 and the Point of Beginning, PARCEL II: All of said Section 22 less and except thererrom the following: (1) That land described in Parcel I above as the Florida Power and Light Company Right-of-Way, (2) That land lying within 200 feet of the Easterly boundary of the Florida Power and Light Company Right-of-Way, (3) The South 165 feet of said Section 22, (4) The East 165 feet ofthe North 165 feet of said Section 22, PARCEL III: The West half of the Southwest quarter of said Section 23, less and except the South 165 feet thereof; and the West half of the West half of the Northwest quarter of said Section 23, less and except the North 165 feet thereof. A public hearing on the petition will be held at 6:00 P.M. (or as soon thereafter as possible), on Tuesday, September 7, 2004, in the St. Lucie County Administration Building, 3rd Floor Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at said hearing. Written comments received in advance of the public hearing will also be considered. If you have any questions, please contact Michael Powley, P.E., County Engineer, at (772) 462-1707. Sincerely, ST. LUCIE COU~Y A0J{d"-fJó7t~ Michael Powley, P.E. if County Engineer ' JOHN D, ßRUHN, District No, 1 . DOUG COWARD, District No, 2 . PAULA A, LEWIS, District No, J . FRANNIE HUTCHINSON. District No, 4 . CLIFF ßARNES, District No, 5 County Administrator - Douglas M, Anderson 2300 Virginia Avenue · Ft. Pierce. FL 34982 Public Worl~s: (772) 462-1485 · FAX (772) 462-2362 Division of Engineering: (772) 462-1707 Fox 462-2362 · Division of Rood & ßridge: (772) 462-2511 FAX 462-2363 Division of Solid Waste: (772) 462-1768 FAX 462-6987 Division of ßuilding & Inspections: (772) 462-1553 Fox 462-1735 · TDD (772) 462-1428 wwW.co.st-lucie.fl.us z.~ ~ ,j~ ¡ j dI"tJ la: i ~ l 0 0 0 0 ... 0 0 10 ...: p~ aU!l a6ue~ 0 ~ 0 0 on" 0 0 10 Ñ 0 CO Ü c: ....J CO ....J Ü en C) M c: N "'C I 0 Ü :r: .- :r: >. 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INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA FROM: Michael Powley, County Engineer Daniel S. McIntyre, County Attorney a TO: DATE: August 24, 2004 ,__ ____..._'·_._...4_~..._ ¡ ""\ i' n r¿ " \'1 r 1 "...,,'ì ¡ '\ ! ~ ¡ >, :~. I, ,o" i 2 !" I ! ; , ,- .. ,...__7:--.,; _...,;-._--i._, ;--..;..-~-'f I ~! : .i , .. ~ ¡ ¡ "I ! I .. I" 1 ¡! ¡; i ì 2 5 ~YJ04 i; !)I 'Iii t .- j i ..--..._,....J I "",- ,- \ -.J ¡ C.A. NO.: 04-1200 SUBJECT: Blasting - Construction Materials Mining Activities ************************************************************************** You have asked the question whether a County has the authority to prohibit blasting in conjunction with construction materials mining activities. The answer to your question is no, the state has preempted the ability of local governments to enact regulations regarding standards, limits or other matters regarding the use of explosives in conjunction with construction materials mining activities. Section 552.30, Florida Statutes (2003) provides as follows: 552.30 Construction materials mining activities.-- (1) Notwithstanding the provisions of s. 552.25, the State Fire Marshal shall have the sole and exclusive authority to promulgate standards. limits. and regulations regarding the use of explosives in conjunction with construction materials mining activities. Such authority to regulate use shall include, directly or indirectly, the operation, handling, licensure, or permitting of explosives and setting standards or limits, including, but not limited to, ground vibration, frequency, intensity, blast pattern, air blast and time, date, occurrence, and notice restrictions. As used in this section, "construction materials mining activities" means the extraction of limestone and sand suitable for production of construction aggregates, sand, cement, and road base materials for shipment offsite by any person or company primarily engaged in the commercial mining of any such natural resources. (2) The State Fire Marshal shall establish statewide ground vibration limits for construction materials mining activities which conform to those limits established in the United States Bureau of Mines, Report of '-" ....", Investigations 8507, Appendix B - Alternative Blasting Level Criteria (Figure B-1). The State Fire Marshal may, at his or her sole discretion, by rule or formal agreement, delegate to the applicable municipality or county, the monitoring and enforcement components of regulations governing the use of explosives, as recognized in this section, by construction materials mining activities. Such delegation may include the assessment and collection of reasonable fees by the municipality or county for the purpose of carrying out the delegated activities. (Emphasis supplied.) I am also attaching a copy of a highlighted excerpt from a Senate staff analysis that confirms the state's intent to pre-empt local regulation of use of explosives in conjunction with construction materials mining activities. Please note that the law does allow the State Fire Marshal to delegate the monitoring and enforcement components of regulations governing use of explosives by construction materials mining activities. DSM/caf Attachment Copy to: Board of County Commissioners County Administrator Public Works Director '-' "wJI Page 2 use of explosives in mining activities is regulated by the federal, state and, to a lesser extent, local governments. Law At the federal level, Title 30 of the U.S. Code and its various implementing regulations establish basic safety, health, certification, reporting, and environmental requirements for the use of explosives in mining operations. At the state level, chapter 552, F.S., governs the requirements and the enforcement for the manufacture, distribution, and use of explosives. 2 The Division of State Fire Marshal within the Department of Financial Services is responsible for enforcing this chapter. In 2000, the Florida Legislature gave the State Fire Marshal (SFM) sole and exclusive authority to regulate the use of explosives in mining activities for construction materials such as limestone and sand.3 In addition , to its pre-existing regulatory authority, the State Fire Marshall is authorized to set standards or limits for ground vibration, frequency, intensity, blast pattern and air blast, as well as time, date, occurrence, and notice restrictions. Specifically, any statewide ground vibration limits to be set by the SFM are to conform to certain U.S. Bureau of Mines standards. The new section oflaw also allowed the SFM to delegate monitoring and enforcement of its blasting regulations to local governments. ~e local level, local governments exercised some regulatory authority, governing the use of explosives and blasting activities within their corporate limits for which permits had be secured from the local county or city in which the specific blasting operation took place. However, as of 2000, state law pre-empts any local regulation regarding standards, limits or other matters regarding the use of explosives in conjnnction with construction materials mining act~ Licenses and permits The SFM issues licenses for companies and individuals who are manufacturers/distributors, dealers, and users of explosives, and issues permits for blasters.4 In addition, the SFM requires accurate record keeping of the use and storage of explosives, and adherence to minimum general safety standards. Licenses and permits issued by the division must include minimum statutory information including the purpose for which the license or permit is to be used in relation to explosives and any restrictions placed upon the licensee or permittee by the division. See s. 552.094, F.S. A blaster's permit is valid only for use by the permit holder in the course of his or her employment with a licensed user. In 2002, there were 202 licensed users of explosives. Once the division issues a license to a user of explosives, the division does not issue permits to the licensee to prepare explosives or to conduct particular blasting operations. Under state regulations, however, a user or blaster is 2 Chapter 4A-2, Florida Administrative Code, implements those laws, 3 See s.30, ch,2000-266, Laws of Florida (an act relating to the Department of Transportation); s, 552.30, F,S. (2000). 4 A manufacturer-distributor means a person engaged in the manufacture, compounding, combing, production, or distribution of explosives. A dealer is a person engaged in the wholesale or retail business of buying and selling explosives. A user is a dealer or manufacturer-distributor who uses an explosive as an ultimate consumer or a person who, as an ultimate consumer purchases such explosive from a dealer or manufacturer-distributor. A blaster is a person employed by a user who detonates or otherwise effects the explosion of an explosive, '-' ....,,; Sep 01 0... 11:43. p.z DEPARTMD<10F FINANCIAL SERVJCES TOM GALLAGHER CHlIF FINANCIAL OFFICER August 31, 2004 Florida Rock Industries 12201 NW 25111 Street Miami, FI 33182 Re: Blasting Complaints, Dear Mr. Martin. The Division of State Fire Marshal is charged with the responsibility of investigating blasting activity complaints at Construction Materials Mining facilities, As of this date, this inspector has not received any complaints involving blasting actMty at any mining facility in the Ft. Pierce area in the past year. If you have any additional questions. please do not hesitate to contact me. Sincerely, k'~fì7~ Keith Mcintyre Fire Protection Spêcialist KEITH MCINtyRE . FlJU: PRoTECno.'I/ SPECIALISt . STATE FIRE MARSHAL/FIRE PUVl!NTIO",'WEST fALM 8El\CH 400 NOM,TH CO:-lGIWiS ,\\IÐIlJE, SLITE2)() . WE!i'J PALM 8E"CII, FLDR1DA 33401' {S61)ú40-670S . FAX(S61)()SloÓ38J EMAIL-MeINTYREK@DFS.SfAn:,FLUS AllÏnnalnoc ActÎØra.r Equal Opportllni1)' Employer G'd ,,1£1-90,,-50£ sa~~~snpuI ~~O~ ep~~o13 dOÞ:YO ,,0 10 daS ~ ,,¡' "'" '-' ...., AGENDA REQUEST ITEM NO. h DA TE: October 5, 2004 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 04-191 - Solid Waste Rate Resolution BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board adopt Resolution No. 04- 191 and authorize the Chairman to sign the Resolution. Approved 5-0 ou as Anderson County Administrator COMMISSION ACTION: IX] APPROVED [ ] DENIED [ ] OTHER: Ch ~ Review and Approvals County Attorney: ~/c::t'/ Management & Budget Originating Dept. Public Works Dir: ..À' ~ Finance: (Check for copy only, if applicable) ( Purchasing: Solid Waste Mgr,: Eff. 5/96 'I( -- '-' ..., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 04-1339 DATE: September 29, 2004 SUBJECT: Resolution No. 04-191 - Solid Waste Rate Resolution ************************************************************************** BACKGROUND: Attached is a copy of Resolution No. 04-191. The resolution, if adopted, would establish a rate for separated loads of clean wood. In addition, the resolution modifies rates for float tires, truck tires and off road tires due to changes in the tire recycling market. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board adopt Resolution No. 04-191 and authorize the Chairman to sign the Resolution. Respectfully submitted, ,.. DSM/caf Attachment \..r 'wi RESOLUTION NO. 03 27604-191 A RESOLUTION ESTABLISHING A FEE FOR DISPOSAL OF A NEW LINE OF TIRES CALLED "FLOATS" AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board"), has made the following determinations: 1. On June 19, 2001 October 29. 2003, pursuant to Resolution No. 01 14103-276, the Board reduced the amount of the fee for disposal of Class III Construction and Demolition Debris (the "C&D Tipping Fee") established a rate for a new line of tires called "float tires", 2. Because the County's Construction and Demolition Debris Recycling Facility will soon be operational.':¡: the Board has determined that there is a need to establish a rate-for-a new line of tires called "floats" clean separated loads of gypsum/wallboard and clean wood. ~ The Board has also determined that there is a need to modify the rates for float tires. truck tires and off road tires due to changes in the tire recycling market. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida the fees for use of the St. Lucie County Glades Road Landfill shall be as follows: 1. Minimum fees for disposal of all solid waste, a. Automobiles and utility vehicles~, up to 165 lb. lood: Regular fee Uncovered fee $2.50 per load $5.00 per load b. Vans, trucks, including open bed pick-up trucks, trailers, up to 300 Ibs. load: Regular fee Uncovered fee $4.50 per load $9.00 per load 2. Tonnage rates, applicable to all loads in excess of the minimums set forth in paragraph 1. SfI icken words and passages are deleted. Underlined words and passages are added. -1- '-' .." a. Class I - all solid waste except for yard waste and trash, construction and demolition debris, septage, white goods, hazardous waste, tires, special waste and excluding any other solid waste restricted from disposal in the County Landfill by federal, state or local regulation: Regular fee Uncovered fee $32,00 per ton $64.00 per ton b. Class III - Construction and demolition debris, building materials, and packaging materials: Regular fee Uncovered fee $19.00 per ton $38.00 per ton c. Yard Waste - vegetative matter resulting from landscaping maintenance and land clearing activities. Regular fee Uncovered fee d. Whole tires: Minimum fee $20.00 per ton $40.00 per ton $.80 per automobile tires smaller than 20" rim size for disposal of up to 5 automobile tires. Automobile tires (less than æ 11/24.5" 20" rim size) Tonnage rates, applicable for disposal of more than 5 automobile tires: Regular fee Uncovered fee $ 80.00 per ton $160.00 per ton Tonnage rates, applicable for disposal of truck tires (20" rim size or larger) float tires. truck tires and off road tires and all other mixed loads containing fft:tek tires: Regular fee Uncovered fee e. Shredded or split tires: Regular fee $125.00 300.00 per ton $250.00600.00 per ton $ 51.00 per ton St/ ¡cken words and passages are deleted. Underlined words and passages are added. -2- \.; Uncovered fee ...." $102.00 per ton f. Float tir~s' Truck tir~s. All tires 20" rim size and larger includina float tires, truck tires and off road tires, tha" 11/24.5 a"d Off Road tins: Regular fee U"cov~r~d f~~ $2- ª,OO.OO per ton (No cover required) $400.00 þ~r to" g. White goods and other appliances: Secured fee Unsecured fee .!:h Gyþsum Board/Drywall Board R~9ular fe~ U"co\'er~d fe~ $2.50 per load. $5.00 per load. $15.00 þ~r to" $30.00 þ~r to" NOTE: 1.11 gypsum board/drywall board must b~ urlþairlt~d for ,,~w cOt'lstructio" arid co"tai" 0% of a"y other material. f:h. Clean Wood Regular fee Uncovered fee $15.00 per ton $30,00 per ton NOTE: Pressure treated wood. painted wood, wood pallets and nails are not acceptable. 3. Special Wastes - wastes requiring special handling including but not limited to ashes, asbestos, and contaminated soils: Regular fee Uncovered fee $ 70.00 per ton $140.00 per ton A minimum one ton fee will be charged for disposal of all special wastes. 4. Miscellaneous Fees. Misc. Weight determination: $2.50 per weighing Disposal of solid waste generated outside of St. Lucie County shall require the approval SrI icken words and passages are deleted. Underlined words and passages are added. -3- '-' "" of the Solid Waste Manager or his designee and shall be charged at twice the stated fee. B, Municipalities and permitted operators shall pay the fees specified in Section A of this resolution monthly following receipt of collection charges, C. All other users of the Landfill shall pay the fee specified in Section A of this resolution upon disposal of the material at the St. Lucie County Landfill unless the user has entered into a Landfill Use Agreement with the County and posted the required security. D. I, 20031. The revised rates set out in this resolution shall take effect November November After motion and second, the vote on this resolution was as follows: Chairman Paula Lewis XXX Vice Chairman John Bruhn XXX Commissioner Cliff Barnes XXX Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX PASSED AND DULY ADOPTED this _ day of .JtHy-October, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY Stl icken words and passages are deleted. Underlined words and passages are added. -4- 09/30/04 FZABWARR FUND 001 001157 001158 001160 001286 001288 001809 101 101001 101006 102 102001 102107 102203 105 107 107001 107002 107003 113 114 116 117 119 123 125 127 129 136 138 140 140125 140127 140306 140319 140325 140326 140331 160 183 183004 184203 184205 184805 185005 204 215 282 '-' ST. LUCIE COUNTY - BOARD ~ WARRANT LIST #54- 18-SEP-2004 TO 24-SEP-2004 FUND SUMMARY TITLE General Fund CSBG Grant FY04 Urban Mobile Irrigation Lab 03/04 Section 112/MPO/Planning FY 04/05 FDCA/EMPA 2004 TDC Planning Grant FY 03/04 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Ped. Coordinator 03/04 Urban & Comm Forestry Water Truck 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 Queens Cove Lighting Dist#13 Fund The Woods Fund Pine Hollow Street Lighting MSTU Parks MSTU Fund Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Port & Airport Fund FAA Noise Compatibility Study Updat FAA BCA 9L/27R/Rehab. 14/32 DOT-New N. Entrance Port Ft. Pierce FDEP-Airport Park Wastewater 01/02 Conduct Part 150 Study FDOT Rehabilitate Airfield Lighting Benefit Cost Analysis Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Ft. Pierce Beach Restoration FDEP Fort Pierce Shore Protection P FIND Shoreline Stabilization for N FHFA SHIP FY04/05 Communication System I&S Fund Sales Tax Revenue Bonds I&S Fund Environmental Land 1&8 Fund EXPENSES 910,917.27 342.26 0.00 151.42 5,089.17 0.00 1.42 45,237.75 4,585.00 330.00 21,617.23 582.79 0.00 1,383.74 1,814.75 304,311.09 1,500.00 18,530.00 647.92 210.47 461. 77 513.65 128.09 761. 99 263.98 444.03 337.57 88,067.50 1,340.62 109.74 9,746.37 18,856.59 78,979.14 1,249.58 3,752.32 2,095.17 5,990.28 8,775.46 2,363.93 440.21 325.42 1,070.36 34,729.22 1,070.36 0.00 175,962.50 2,192,200.01 1,327,805.00 - ...- ,. PAGE 1 PAYROLL 806,710.28 0.00 1,450.74 7,081.46 0.00 1,218.16 1,261.54 229,185.26 0.00 0.00 72,150.43 9,501.69 1,122.84 0.00 1,6131.22 235,070.66 2,831. 28 2,831.28 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 17,124.32 0.00 0.00 0.00 0.00 0.00 0.00 0.00 11,901. 86 1,171.85 2,931.95 0.00 0.00 0.00 7,365.27 0.00 0.00 0.00 09/30/04 FZABWARR FUND 310002 310003 316 39001 39002 39003 401 418 421 441 451 458 461 471 479 481 491 505 611 '-' ST. LUCIE COUNTY - BOARD "'-tttI WARRANT LIST #54- 18-SEP-2004 TO 24-SEP-2004 FUND SUMMARY TITLE Impact Fees-Parks Impact Fees-Public Buildings County Capital King Orange2 MSBU Capital Skylark 2 MSBU Capital Revels Lane1 MSBU Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Capital Facilities Airport Utilities District Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund GRAND TOTAL: EXPENSES 5,496.48 15,082.16 76,372.14 8,077.55 6,833.51 10,222.61 167,638.19 5,332.12 851.11 421,588.27 57,815.90 11,375.79 50,748.89 294,290.99 34,814.74 644.10 16,748.69 194,116.35 1,425.00 6,654,567.73 -- PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 87,557.37 23,278.90 656.98 5,772.48 3,359.11 0.00 16,84l.15 8,132.17 l,0;3l.11 819.54 81,957.78 4,535.42 4,199.05 1,650,733.15 ~' '-", ....,; 09/30/04 ST. LUCIE COUNTY - BOARD FZABWARR VOID LIST# 54- 18-SEP-2004 TO 24-SEP-2004 FUND: 418 - Golf Course Fund CHECK INVOICE VENDOR 00311657 12419528 Bill's Golf Flags FUND TOTAL: TOTAL 67.40 67.40 --- ..... PAGE 1 10/01/04 ?ZABWARR ?UND )01 )01158 )01160 )01286 )01288 )01809 101 102 102001 102107 105 107 107001 107002 107135 130 140 140001 160 183 183004 185003 185005 216 235 316 316201 39001 39002 39003 401 418 421 441 448 449 451 458 461 471 478 479 481 491 505 505001 611 620 T ~ ST. LUCIE COUNTY - BOARD ...., WARRANT LIST #55- 25-SEP-2004 TO 30-SEP-2004 FUND SUMMARY TITLE General Fund Urban Mobile Irrigation Lab 03/04 Section 112/MPO/Planning FY 04/05 FDCA/EMPA 2004 TDC Planning Grant FY 03/04 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Ped. Coordinator 03/04 Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar USDOJ Edward Bryne Drug FY03 SLC Public Transit MSTU Port & Airport Fund Port Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court FHFA SHIP FY02/03 FHFA SHIP FY04/05 County Capital I&S Becker Road I&S Fund County Capital FDEP/FRDAP Savanna Rec Phase II King Orange2 MSBU Capital Skylark 2 MSBU Capital Revels Lane1 MSBU Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replace~ent 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 Enforcement Trust Fund EXPENSES 482,369.21 576.88 2,373.75 67.99 91. 43 96.52 91,946.33 45,397.97 3,542.14 319.16 1,740.61 93,050.81 448.10 448.14 18,300.00 294,232.29 6,614.16 240.03 2,335.24 87.25 2,141.58 57,660.00 2,009.87 7,500.00 4,863.00 10,500.00 16,920.00 2,800.00 2,100.00 3,600.00 143,223.51 25,254.30 293.14 1,438.49 72.18 44.17 629.66 139.05 7,687.91 12,431.79 34.78 12,059.62 118.28 27,554.72 3,280.79 3,301.53 3,406.64 444,704.90 PAGE 1 PAYROLL 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 g.OO 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 5,296.04 0.00 0.00 0.00 10/01/04 FZABWARR FUND 802 TITLE '-' ....", ST. LUCIE COUNTY - BOARD WARRANT LIST #55- 25-SEP-2004 TO 30-SEP-2004 FUND SUMMARY EXPENSES 267.84- Utility Administration Fund 1,839,780.08 GRAND TOTAL: PAGE 2 PAYROLL 0.00 5,296.04 '-' ...., 'OO:£r-I t!~§ :£ :£ op.. 0 tJE-tH 1'11'1 ......\1'1 ^ N I"- en 0" \D PI en PI r-I .. ......01Z'l \1'1 en 'OO en t!J \D I"- 'OO 0.·1( CO 1'1 r-I ..~p.. E-t \D I"- IZ'IH ~ ~E-t ~ ~ ~~ 0 0 ..:I 0 0 I( :;¡¡E-t E-t H...... 0 0 0 ~t!J E-t en..:lij ~ §~..:I ~E-t~ 1%1 ~~ ~' ~ 0 0 IZ'I H 0 0 > I( O.......ø. 0 0 ^ ~§~ 1(0 I!:: tJp.. en H 'OO ~ 0 0 1'1 l"- N \D PI ...... CO \1'1 en 1'1 \D I"- ....... CO 1'1 ~en en 'tIGlO en \D ~~ 0 111111 I!:: O·rt t!J I%Itn G) 'I!:: I!:: IZ'I >.~ E-t ~: en gi H t!J '* rz. rz. IZ'I ~ ~ ~ tJlII" I!:: I( I( G)~§ H tJ tJ Þ<: H H ·rt.Q I!:: tJ I!:: rz. rz. 0111 IZ'I 0 ::S·rt ~ = § 0 'OO ..:I~O tJ PI 1'1 G) IZ'I ...... ...... ,I:,I: > en en ·OtJ ~~ IZ'I IZ'I mill ...... ...... III p.. p.. 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"'N ,.:CIH . ø, ,.:C I ! V1 tn Q .,..¡ > ~ !Ø 0 V1 tn ~ tn III .-I ~ r-I III ¡¡,. I-! " GI r>t I.. '\j r>t r-I GI ~ 0 ¡¡,. I:!) ø, . I-! V1 00 · ~O.Q r-I ~N~ r-I ..... CJ~:J:: p: ~r>t lZo:>4en II"- 0 "r>t~ III') t~- ~~i lID 1.-1 OCJ~ r>t> 1.-1 ø,tn Õ~ 11"'1 r>tH 10 ~1ZoP: IPI , ¡ ,., AGENDA REQUEST ..."", ITEM NO. C2A '-" DATE: October 5,2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Florida Communities Trust Ten Mile Creek East / FCT Project 02-056-FF2 Option Agreement for Sale and Purchase Ralls Road Corp. - Tax I.D. No. 2430-313-0005-000-3 FCT - $2,475,000.00 SLC $825,000.00 BACKGROUND: Please see attached memorandum FUNDS AVAILABLE: Funds will be made available in: 382-3915-561000-31020 (ESL - Ten Mile Creek East - FCT) PREVIOUS ACTION: July 23, 2002 _ R-eceived Board of County Commission authorization to submit a Grant Application to Florida Communities Trust for the Ten Mile Creek East project. April 8, 2003 _ Received Board of County Commission approval authorizing the Chairman to execute and transmit the Grant Contract and Confidentiality Agreement to Florida Communities Trust. RECOMMENDATION: Staff recommends that the Board approve the Option Agreement for Sale and Purchase of the Ralls Road Corp. parcel for $3,300,000.00 as shown in pink on the attached map, authorize the Chairman to execute the Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: D glas Anderson ounty Administrator (XI APPROVED [ ] DENIED [,] OTHER: Approved 5-0 [XX] County Attorney: ~51:' Review and Approvals [XX] Environmental Resources: ] County Engineer: [XX] Originating Dept,: "j'M-t. [ ] Road & Bridge: ]OMB: G:\ACQ\ WP\JoAnn\Environmental\ Ten Mile Creek East\Ralls Road Corp\Agenda Request,wpd '-' """ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: October 5, 2004 SUBJECT: Florida Communities Trust Ten Mile Creek East / FCT Project 02-056-FF2 Option Agreement for Sale and Purchase FCT Ralls Road Corp. - Tax I.D. No. 2430-313-0005-000-3 - $2,475,000.00 SLC $825,000.00 BACKGROUND: On July 23, 2002, the Board of County Commissioners authorized staff to submit a Grant Application to Florida Communities Trust (FCT) for the purchase of the Ten Mile Creek East project. On April 8, 2003, the Board of County Commissioners approved the Grant Contract with Florida Communities Trust (FCT) for the purchase of the Ten Mile Creek East project. The Grant Contract provides 75i'0 of the project costs or $2,617,500.00; whichever is less, for the purchase of the Ten Mile Creek East project. The remaining 25i'0 of the cost to acquire the lands will be provided from the Environmentally Significant Land Fund. Attached to this memorandum is a copy of an Option Agreement with Ralls Road Corp. with a proposed purchase price of $3,300,000.00. This price is based on appraisals performed by Daniel D. Fuller, MAr and Daniel K. Deighan, MAI and approved by Florida Communities Trust. RECOMMENDATION: Staff recommends that the Board approve the Option Agreement for Sale and Purchase of the Ralls Road Corp. parcel for $3,300,000.00 as shown in pink on the attached map, authorize the Chairman to execute the Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, Daniel S. McIntyr County Attorney G:\ACQ\ WP\JoAnn\Environmental\ Ten Mile Creek East\Ralls Road Corp\Agenda Memo,wpd ....... 2- (fJ Z «S (5 «I 0 W -0 e c::: LO ::::I 0') :x:. «I .8 () a. () Õ - " '- <D 0 0 () 15' "e () ::::I - (J) a.. .,.- ::2: ..... 'III () · . «S · . · . () 11...... (f) ~ ~ Project: Ten Mile Creek East Project Number: 02-056-FF2 Contract Number: Property Tax J.D. Number:2430-313-0005-000/3 OPTION AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made this day of ,2004, between RALLS ROAD CORP., a Florida corporation, whose address is in care of Nile R. Lestrange, President, 1600 South Federal Highway, Tenth Floor, Pompano Beach, Florida 33062-7500, as "Seller", and the FLORIDA COMMUNITIES TRUST, a non-regulatory agency within the Department of Community Affairs, ("Acquiring Agency") whose address is 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, and ST. LUCIE COUNTY, a political subdivision within the State of Florida, ("Local Government"), whose address is in care of Ms. JoAnn Riley, 2300 Virginia A venue, Fort Pierce, Florida 34982. Acquiring Agency and Local Government will be collectively referred to as ("Purchaser"). 1. GRANT OF OPTION. Seller hereby grants to Purchaser the exclusive option to purchase the real property located in S t. Lucie County, Florida, described in Exhibit" A", together with all improvements, easements and appurtenances ("Property"), in accordance with the provisions of this Agreement. This Option Agreement becomes legally binding upon execution by the parties but exercise of the option is subject to approval by Purchaser and is effective only if Acquiring Agency and Local Government give written notice of exercise to Seller. 2. OPTION TERMS. The option payment is $100.00 ("Option Payment"). The Option Payment, in the fonn of a state warrant, will be forwarded to Seller upon its receipt by Acquiring Agency from the Comptroller of the State of Florida. The option may be exercised during the period beginning with the Purchaser's approval of this Agreement and the Acquiring Agency's governing body granting proj ect plan approval in accordance with Rule 9K -8.011, Florida Administrative Code, and ending on February 5, 2005 ("Option Expiration Date"), unless extended by other provisions ofthis Agreement. In the event Acquiring Agency's Purchase Price (as hereinafter defined in paragraph 3.A) or Local Government's Purchase Price (as hereinafter defined in paragraph 3.A) are not available by the Option Expiration Date the period of exercise of the option may be extended until such funds become available, not to exceed 60 days after the Option Expiration Date, by written notice to Seller, Notwithstanding any provision herein to the contrary, Seller may, at its sole option, tenninate this Agreement ifthe closing of the Property does not occur by February 5,2005. 3 .A. TOTAL PURCHASE PRICE. The total purchase price ("Total Purchase Price") for the Property is THREE MILLION THREE HUNDRED THOUSAND AND NO/lOO DOLLARS ($3,300,000.00), which, after reduction by the amount of the Option Payment, will be paid by Acquiring Agency and Local Government at closing to Seller or Seller's designated agent who meets the requirements of Section 253.025, Florida Statutes, in the manner set forth herein. The Total Purchase Price shall be paid to Seller as follows: Acquiring Agency shall pay the lesser of$2,475,000.00 or 75% of the final adjusted Total Purchase Price for the Property as detennined in accordance with paragraph 3.B. ("Acquiring Agency's Purchase Price"), which after reduction by Acquiring Agency ofthe Option Payment, will be paid to Seller by state warrant at closing; and Local Government shall pay $825,000.00 or the balance of the final adjusted Total Purchase Price for the Property as detennined in accordance with paragraph 3.B. ("Local Government's Purchase Price"), will be paid to Seller by Local Government check at closing. The Total Purchase Price is subject to adjustment in accordance with paragraph 3.B. The detennination of the final Total Purchase Price can only be made after the completion and approval of the survey required in paragraph 5. This Total Purchase Price presumes that the Property contains at least 98.80 total acres, to be confinned by the Survey as provided in Paragraph 5. This Agreement is contingent upon approval of the Total Purchase Price, Acquiring Agency's Purchase Price, and Local Government's Purchase Price by Purchaser and upon confinnation that the Acquiring Agency Purchase Price is not in excess of the final Acquiring Agency Maximum Approved Purchase Price of the Property as detennined in accordance with Rule 9K- 8.007, Florida Administrative Code ("Maximum Approved Purchase Price"). 02-056-FF2 September 30, 2004 Page 1 '-" ....,¡ This Agreement is also contingent upon Local Government's funds for closing being available at closing an~ upon Local Government giving written notice to Acquiring Agency, prior to the exercise of the option, that these funds are avaIlable to close in accordance with this Agreement. If such notification is not accomplished, Acquiring Agency may in its sole discretion declare this Agreement void and of no further force and effect as of that date. Local Government's funds are the sole responsibility of the Local Government. Seller shall have no recourse whatsoever, at law or equity, against Acquiring Agency or the Property as a result of any matter arising at any time whether before or after fee simple title is conveyed to Local Government, relating to Local Government's funds, Acquiring Agency shall have no obligation under this Agreement to provide any portion of Local Government's funds, Acquiring Agency's funds necessary to close are the sole responsibility of Acquiring Agency, Seller shall have no recourse whatsoever, at law or equity, against Local Government or the Property as a result of any matter arising at any time, whether before or after fee simple title is conveyed to Local Government, relating to Acquiring Agency's funds. Local Government shall have no obligation under this Agreement to provide any portion of Acquiring Agency's funds. Should Local Government's funds or Acquiring Agency's funds not be available for any reason, Purchaser or Seller may elect to terminate this Agreement by written notice to the parties without liability to any party, Acquiring Agency and Local Government agree that the Local Government shall t<1;ke fee simple title to all ofthe Property at the closing notwithstanding that Acquiring Agency and Local Government are required to pay all of the Total Purchase Price in the manner set forth in this Agreement. Conveyance of the Property in fee simple from Seller to Local Government will take place at the closing, in exchange for the payments to be made by Acquiring Agency and Local Government to Seller at closing as set forth above in this paragraph 3.A. 3.B. ADmSTMENT OF TOTAL PURCHASE PRICE. If, prior to closing, Acquiring Agency determines that the Acquiring Agency Purchase Price stated in paragraph 3.A. exceeds the fmal Acquiring Agency Maximum Approved Purchase Price of the Property, the Acquiring Agency Purchase Price will be reduced to the fmal Acquiring Agency Maximum Approved Purchase Price of the Property. Upon determination of the final Acquiring Agency Maximum Approved Purchase Price, the Acquiring Agency's Purchase Price and Local Government's Purchase Price will be determined and adjusted in accordance with paragraph 3.A. Ifthe final adjusted Total Purchase Price is less than the Total Purchase Price stated in paragraph 3.A. because of a reduction in the Acquiring Agency Maximum Approved Purchase Price ofthe Property, Seller shall, in his sole discretion, have the right to terminate this Agreement and neither party shall have any further obligations under this Agreement. If Seller does not provide written notice to Acquiring Agency and Local Government of his agreement to the fmal adjusted Total Purchase Price within 20 days after Seller's receipt of written notice from Acquiring Agency of the final adjusted Total Purchase Price, then this Agreement shall be deemed so terminated. 4.A. ENVIRONMENTAL SITE ASSESSMENT. Local Government shall, at its sole cost and expense and at least 30 days prior to the Option Expiration Date, furnish an environmental site assessment of the Property which meets the standard of practice of the American Society of Testing Materials (" ASTM"). Local Government shall use the services of competent, professional consultants with expertise in the environmental site assessing process to determine the existence and extent, if any, of Hazardous Materials on the Property. The examination of hazardous materials contamination shall be performed to the standard of practice of the ASTM. For Phase I environmental site assessment, such standard of practice shall be the ASTM Practice E 1527. If the Findings and Conclusions section of the assessment reports evidence of recognized environmental conditions, then a Phase II Environmental Site Assessment shall be performed to address any suspicions raised in the Phase I environmental site assessment and to confirm the presence of contaminants on site. For purposes ofthis Agreement "Hazardous Materials" shall mean any hazardous or toxic substance, material or waste of any kind or any other substance which is regulated by any Environmental Law (as hereinafter defined in paragraph 4.B.). The environmental site assessment shall be certified to Purchaser and the date of certification shall be within 45 days before the date of closing. 4.B. HAZARDOUS MATERIALS. In the event that the environmental site assessment provided for in paragraph 4.A. confirms the presence of Hazardous Materials on the Property, Purchaser, at its sole option, may elect to terminate this Agreement and neither party shall have any further obligations under this Agreement. Should Purchaser elect not to terminate 02-056-FF2 September 30,2004 Page 2 '-' """" this Agreement, Seller shall, at his sole cost and expense and prior to the exercise of the option and closing, promptly commence and diligently pursue any assessment, clean up and monitoring of the Property necessary to bring the Property into full compliance with any and all applicable federal, state or local laws, statutes, ordinances, rules, regulations or other governmental restrictions regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials ("Environmental Law"). However, should the estimated cost of clean up of Hazardous Materials exceed a sum which is equal to 0% of the Total Purchase Price as stated in paragraph 3 .A., Seller may elect to terminate this Agreement and no party shall have any further obligations under this Agreement. 5. SURVEY. Local Government shall, at its sole cost and expense and not less than 35 days prior to the Option Expiration Date, furnish a current boundary survey of the Property prepared by a professional land surveyor licensed by the State of Florida which meets the standards and requirements of Acquiring Agency ("Survey"). It is Local Government's responsibility to ensure that the surveyor contacts the Acquiring Agency regarding these standards and requirements prior to the commencement ofthe Survey. The Survey shall be certified to Purchaser and the title insurer and the date of certification shall be within 90 days before the date of closing, unless this 90 day time period is waived by Purchaser and by the title insurer for purposes of deleting the standard exceptions for survey matters and easements or claims of easements not shown by the public records from the owner's title policy. If the Survey shows any encroachment on the Property or that improvements intended to be located on the PropertY encroach on the land of others, the same shall be treated as a title defect. 6, TITLE INSURANCE. Local Government shall, at its sole cost and expense and at least 35 days prior to the Option Expiration Date, furnish to a marketable title insurance commitment, to be followed by an owner's marketable title insurance policy (AL T A Form "B") from a title insurance company, approved by the Acquiring Agency, insuring marketable title of Local Government to the Property in the amount of the Total Purchase Price. Local Government shall require that the title insurer delete the standard exceptions of such policy referring to: (a) all taxes, (b) unrecorded rights or claims of parties in possession, (c) survey matters, (d) unrecorded easements or claims of easements, and (e) unrecorded mechanics' liens. 7. DEFECTS IN TITLE. If the title insurance commitment or survey furnished to Purchaser pursuant to this Agreement discloses any defects in title which are not acceptable to Purchaser, Seller shall, within 90 days after notice from Purchaser, remove said defects in title. Seller agrees to use diligent effort to correct the defects in title within the time provided therefor, not including the bringing of necessary suits. If Seller is unsuccessful in removing the title defects within said time or if Seller fails to make a diligent effort to correct the title defects, Purchaser shall have the option to either: (a) accept the title as it then is with a reduction in the Total Purchase Price by an amount determined by Acquiring Agency and mutually agreed to by Purchaser and Seller, (b) accept the title as it then is with no reduction in the Total Purchase Price, (c) extend the amount oftime that Seller has to cure the defects in title, or (d) terminate this Agreement, thereupon releasing Purchaser and Seller from all further obligations under this Agreement. 8. INTEREST CONVEYED. At closing, Seller shall execute and deliver to Local Government a statutory warranty deed in accordance with Section 689.02, Florida Statutes, conveying marketable title to the Property in fee simple free and clear of all liens, reservations, restrictions, easements, leases, tenancies and other encumbrances, except for those that are acceptable encumbrances in the opinion of Purchaser and do not impair the marketability of the title to the Property. The grantee in Seller's Warranty Deed shall be ST. LUCIE COUNTY, a political subdivision within the State of Florida. 9. PREPARATION OF CLOSING DOCUMENTS. Upon execution of this Agreement, Seller shall submit to Purchaser a properly completed and executed beneficial interest affidavit and disclosure statement as required by Sections 286.23, and 380.08(2), Florida Statutes. Seller shall prepare the deed described in paragraph 8. of this Agreement, Seller's closing statement and the title, possession and lien affidavit certified to Purchaser and title insurer in accordance with Section 627.7842, Florida Statutes, and an environmental affidavit on Acquiring Agency forms provided by Acquiring Agency. Acquiring Agency shall prepare Purchaser's closing statement. All prepared documents shall be submitted to Local Government and Acquiring Agency for review and approval at least 30 days prior to the Option Expiration Date. 02-056-FF2 September 30, 2004 Page 3 '-" '....I 1 o. PURCHASER REVIEW FOR CLOSING. Purchaser will approve or reject each item required to be provided by Seller under this Agreement within 30 days after receipt by Purchaser of all of the required items. Seller will have 30 days thereafter to cure and resubmit any rejected item to Purchaser. In the event Seller fails to timely deliver any item, or Purchaser rejects any item after delivery, Purchaser may in its discretion extend the Option Expiration Date. 11. EXPENSES. Local Government will pay the documentary revenue stamp tax and all other taxes or costs associated with the conveyance, including the cost of recording the deed described in paragraph 8. of this Agreement and any other recordable instruments which Purchaser deems necessary to assure good and marketable title to the Property, 12. TAXES AND ASSESSMENTS. All real estate taxes and assessments which are or which may become a lien against the Property shall be satisfied of record by Seller at closing. In the event the Local Government acquires fee title to the Property between January 1 and November 1, Seller shall, in accordance with Section 196.295, Florida Statutes, place in escrow with the county tax collector an amount equal to the current taxes prorated to the date of transfer, based upon the current assessment and millage rates on the Property. In the event the Local Government acquires fee title to the Property on or after November 1, Seller shall pay to the county tax collector an amount equal to the taxes that are determined to be legally due and payable by the county tax collector. 13, CLOSING PLACE AND DATE. The closing shall be on or before 15 days after Purchaser exercises the option; provided, however, that if a defect exists in the title to the Property, title commitment, Survey, environmental site assessment, or any other documents required to be provided or completed and executed by Seller, the closing shall occur either on the original closing date or within 60 days after receipt of documentation curing the defects, whichever is later. The date, time and place of closing shall be set by Purchaser. 14. RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all risk ofloss or damage to the Property prior to the date of closing and warrants that the Property shall be transferred and conveyed to the Local Government in the same or essentially the same condition as of the date of Seller's execution of this Agreement, ordinary wear and tear excepted. However, in the event the condition of the Property is altered by an act of God or other natural force beyond the control of Seller, Purchaser may elect, at its sole option, to terminate this Agreement and neither party shall have any further obligations under this Agreement. Seller represents and warrants that there are no parties other than Seller in occupancy or possession of any part ofthe Property. Seller agrees to clean up and remove all abandoned personal property, refuse, garbage, junk, rubbish, trash and debris from the Property to the satisfaction of Local Government prior to the exercise of the option by Purchaser. 15. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from the date this Agreement is executed by Seller, Purchaser and its agents, upon reasonable notice, shall have the right to enter the Property for all lawful purposes in connection with the this Agreement. Seller shall deliver possession of the Property to the Local Government at closing. 16. ACCESS. Seller warrants that there is legal ingress and egress for the Property over public roads or valid, recorded easements that benefit the Property. 17. DEF AUL T. If Seller defaults under this Agreement, Purchaser may waive the default and proceed to closing, seek specific perfonnance, or refuse to close and elect to receive the return of any money paid, each without waiving any action for damages, or any other remedy pennitted by law or in equity resulting from Seller's default. In connection with any dispute arising out of this Agreement, including without limitation litigation and appeals, the prevailing party will be entitled to recover reasonable attorney's fees and costs. 18. BROKERS. Seller warrants that no persons, finns, corporations or other entities are entitled to a real estate commission or other fees as a result of this Agreement or subsequent closing, except as accurately disclosed on the disclosure statement required in paragraph 9. Seller shall indemnify and hold Purchaser harmless from any and all such claims, whether disclosed or undisclosed. 02-056-FF2 September 30,2004 Page 4 '-' '.."J 19. RECORDING. This Agreement, or notice of it, may be recorded by Purchaser in the appropriate county or counties. In the event Purchaser defaults under this Agreement and this transaction does not close, Purchaser will execute and deliver a quit claim deed to Seller which releases all Purchaser's interest in the Property. 20. ASSIGNMENT. This Agreement may not be assigned by Purchaser without the prior written consent of Seller. In the event Purchaser intents to assign this Agreement, written notice will be provided to Seller. This Agreement may not be assigned by Seller without the prior written consent of Purchaser. 21. T1J\1E. Time is of essence with regard to all dates or times set forth in this Agreement. 22. SEVERABILITY. In the event any of the provisions of this Agreement are deemed to be unenforceable, the enforceability of the remaining provisions of this Agreement shall not be affected. 23. SUCCESSORS IN INTEREST. Upon Seller's execution of this Agreement, Seller's heirs, legal representatives, successors and assigns will be bound by it. Upon Purchaser's approval ofthis Agreement and Purchaser's exercise of the option, Purchaser and Purchaser's successors and assigns will be bound by it. Whenever used, the singular shall include the plural and one gender shall include all genders. 24. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties. 25 . WANER. Failure of Purchaser to insist upon strict perfonnance of any covenant or condition of this Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right; but the same shall remain in full force and effect. 26. AGREEMENT EFFECTNE. This Agreement or any modification, amendment or alteration thereto, shall not be effective or binding upon any of the parties hereto until it has been executed by all of the parties hereto. 27. ADDENDUM. Any addendum attached hereto that is signed by the parties shall be deemed a part of this Agreement. 28. NOTICE. Whenever either party desires or is required to give notice unto the other, it must be given by written notice, and either delivered personally or mailed to the appropriate address indicated on the first page ofthis Agreement, or such other address as is designated in writing by a party to this Agreement. A copy of any notice to Seller shall be provided to Seller's attorney, J. Walter McCrory at 1512 East Broward Boulevard, Suite 200, Ft. Lauderdale, Florida 33301. 29. SUR VN AL. The covenants, warranties, representations, indemnities and undertakings of Seller set forth in this Agreement shall survive the closing, the delivery and recording of the deed described in paragraph 8. of this Agreement and Local Government's possession of the Property. THIS AGREEMENT IS INITIALLY TRANSMITIED TO THE SELLER AS AN OFFER. IF THIS AGREEMENT IS NOT EXECUTED BY THE SELLER ON OR BEFORE OCTOBER 1, 2004, THIS OFFER WILL BE VOID UNLESS THE PURCHASER, AT ITS SOLE OPTION, ELECTS TO ACCEPT THIS OFFER. THE EXERCISE OF THIS OPTION IS SUBJECT TO: (1) APPROVAL OF THIS AGREEMENT, TOTAL PURCHASE PRICE, ACQUIRING AGENCY'S e02-056-FF2 September 30, 2004 Page 5 ~ "'" PURCHASE PRICE, AND LOCAL GOVERNMENT'S PURCHASE PRICE BY PURCHASER, (2) ACQUIRING AGENCY'S GOVERNING BODY GRANTING PROJECT PLAN APPROVAL IN ACCORDANCE WITH RULE 9K-8.0ll, FLORIDA ADMINISTRATNE CODE, (3) CONFIRMATION THAT THE TOTAL PURCHASE PRICE IS NOT IN EXCESS OF THE FINAL MAXIMUM APPROVED PURCHASE PRICE OF THE PROPERTY, AND (4) LOCAL GOVERNMENT AND ACQUIRING AGENCY APPROVAL OF ALL DOCUMENTS TO BE FURNISHED HEREUNDER BY SELLER. THE ACQUIRING AGENCY'S PERFORMANCE AND OBLIGATION TO PAY UNDER THIS CONTRACT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE LEGISLATURE. THIS IS TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. SELLER RALLS ROAD CORP., a Florida corporation Witness as to Seller By: Nile R. Lestrange, President F.E.I. Number: 59-6548386 Witness as to Seller Date signed by Seller STATE OF FLORIDA COUNTY OF The ~oregoing instrument was acknowledged before me this day of , 2004, by Nile R. Lestrange as PresIdent of Ralls Road Corp., a Florida corporation, who is personally known to me or who has produced a drivers license issued within the last five years as identification. (NOTARY PUBLIC) SEAL Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: 02-056-FF2 September 30, 2004 Page 6 '-' ..I PURCHASER LOCAL GOVERNMENT ST. LUCIE COUNTY, a political subdivision of the State of Florida By: Witness as to Local Government Name Print/Type Witness as to Local Government Its: Attest: (Clerk or Deputy Clerk) (OFFICIAL SEAL) Approved as to Fonn and Legality for Local Government By: Date: Date signed by Local Government STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of , 2004, by as of St. Lucie County, a political subdivision within the State of Florida on behalf of the Local Government, and is personally known to me. (NOTARY PUBLIC) SEAL Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: 02-056-FF2 September 30, 2004 Page 7 \..f ...., PURCHASER ACQUIRING AGENCY FLORIDA COMMUNITIES TRUST Witness as to Acquiring Agency By: KATHY BAUGHMAN MCLEOD, Community Program Manager Witness as to Acquiring Agency Date signed by Acquiring Agency Approved as to Fonn and Legality By: Trust Counsel Date: STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of , 2004, by KATHY BAUGHMAN MCLEOD, as Community Program Manager, on behalf of the Acquiring Agency. She is personally known to me. (NOTARY PUBLIC) SEAL Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: 02-056-FF2 September 30, 2004 Page 8 02-056-FF2 September 30, 2004 \..f ....J EXIllBIT "A" Lel!al Description Page 9 \..; '....I ADDENDUM BENEFICIAL INTEREST AND DISCLOSURE AFFIDAVIT (OTHER) ST ATE OF FLORIDA COUNTY OF ) Before me, the undersigned authority, personally appeared Nile R. Lestrange, this day of , 2004, who, fIrst being duly sworn, deposes and says: 1) That Ralls Road Corp., a Florida corporation, whose address is 1600 South Federal Highway, Tenth Floor, Pompano Beach, Florida 33062, is the record owner of the Property. The following is a list of every "person" (as defIned in Section 1.01(3), Florida Statutes) holding 5% or more of the benefIcial interest in the Property: (if more space is needed, attach separate sheet) Name Address % Interest Nile R. Lestrange same as above 100% 2) That to the best of the affIant's knowledge, all persons who have a fInancial interest in this real estate transaction or who have received or will receive real estate commissions. attorney's or consultant's fees or any other fees or other benefIts incident to the sale of the Property are: Name Address Reason for Payment Amount J. Walter McCrory 1512 East Broward Blvd., Suite 200 attorney's fees TED Ft. Lauderdale, Fl. 33301 02-056-FF2 September 30, 2004 Page 10 \..,- ~ 3) That, to the best of the affiant's knowledge, the following is a true history of all financial transactions (including any existing option or purchase agreement in favor of affiant) concerning the Property which have taken place or will take place during the last five years prior to the conveyance of title to St. Lucie County, a political subdivision within the State of Florida: Name and Address of Parties Involved Date Type of Transaction Amount of Transaction NONE This affidavit is given in compliance with the provisions of Sections 286.23 and 380.08(2), Florida Statutes. AND FURTHER AFFIANT SA YETH NOT. AFFIANT Nile R. Lestrange SWORN TO and subscribed before me this day of , 2004, by Nile R. Lestrange, who is personally known to me or who has produced a driver's license as identification and who did take an oath. Notary Public (Printed, Typed or Stamped Name of Notary) Commission No.: My Commission Expires: FLORIDA COMMUNITIES TRUST APPROVED AS TO FORM AND LEGALITY By: Trust Counsel Date: 02-056-FF2 September 30, 2004 Page 11 \.f ..",,¡ ADDENDUM (CORPORA TE/FLORIDA) A. At the same time that Seller submits the closing documents required by paragraph 9. of this Agreement, Seller shall also submit the following to Purchaser: 1. Corporate resolution which authorizes the sale of the Property to Purchaser in accordance with the provisions of this Agreement and a certificate of incumbency, 2, Certificate of good standing from the Secretary of State of the State of Florida, and 3. Copy of proposed opinion of counsel as required by paragraph B. below. B. As a material inducement to Purchaser entering into this Agreement and to consummate the transaction contemplated herein, Seller covenants, represents and warrants to Purchaser as follows: 1, The execution of this Agreement and the perfonuance by it of the various tenus and conditions hereof, including, without limitation, the execution of all agreements, notices and other documents hereunder, have been duly authorized by the requisite corporate authority of Seller. 2. Seller is a corporation duly organized, validly existing and in good standing under the laws of the State of Florida and is duly qualified to own real property in the State of Florida. 3, This Agreement, when executed and delivered, will be valid and legally binding upon Seller and enforceable in accordance with its tenus and neither the execution of this Agreement and the other instruments to be executed hereunder by Seller, nor the performance by it of the various tenus and conditions hereto will violate the Articles of Incorporation or By-Laws of Seller. At the closing, Seller shall deliver to Purchaser an opinion of éounsel to the effect that the covenants, representations and warranties contained above in this paragraph B. are true and correct as of the closing date. In rendering the foregoing opinion, such counsel may rely as to factual matters upon certificates of other documents furnished by partners, officers, officials and other counsel of Seller, and upon such other documents and data as such partners, officers, officials and counsel may deem appropriate. SELLER RALLS ROAD CORP., a Florida corporation By: Nile R. Lestrange, President Witness as to Seller Witness as to Seller F.E.I.D. No. 59-6548386 Date signed by Seller 02-056-FF2 September 30, 2004 Page 12 \.f Witness as to Local Government Witness as to Local Government Approved as to Fonn and Legality for Local Government By: Date: Witness as to Acquiring Agency Witness as to Acquiring Agency Approved as to Form and Legality By: 02-056-FF2 September 30, 2004 ...¡ PURCHASER LOCAL GOVERNMENT ST. LUCIE COUNTY, a political subdivision of the State of Florida By: Name PrintJType Its: Attest: (Clerk or Deputy Clerk) (OFFICIAL SEAL) Date signed by Local Government PURCHASER ACQUIRING AGENCY FLORIDA COMMUNITIES TRUST By: KATHY BAUGHMAN MCLEOD, Community Program Manager Date signed by Acquiring Agency Page 13 ,f;t"" ~ AGENDA REQUEST '...I ITEM NO. C2B DATE: October 5, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Florida Communities Trust Ten Mile Creek East / FCT Project 02-056-FF2 Ralls Road Corp. - Tax I.D. No. 2430-313-0005-000-3 Approval of Agreement with LBFH, Inc. BACKGROUND: Please see attached memorandum FUNDS AVAILABLE: Funds will be made available in: 382-3915-561000-31020 (ESL - Ten Mile Creek East - FCT) PREVIOUS ACTION: July 23, 2002 - Received Board of County Commission authorization to submit a Grant Application to Florida Communities Trust for the Ten Mile Creek East project. April 8, 2003 - Received Board of County Commission approval authorizing the Chairman to execute and transmit the Grant Contract and Confidentiality Agreement to Florida Communities Trust. RECOMMENDATION: Staff recommends approval of Work Authorization No. 15 with LBFH, Inc. in the amount of $27,580.00 and authorize the Chairman and County Attorney to sign the Work Authorization. lX APPROVED [ ] DENIED [ ]. OTHER: Approved 5-0 CONCURRENCE: ?/ Douglas Anderson County Administrator - COMMISSION ACTION: [XX] County Attorney: ~j;(/ Review and Approvals [XX] Environmental Resources: ] County Engineer: [XX] Originating Dept,: j,.,.,t.. [ ] Road & Bridge: ]OMB: G:\ACQ\ WP\JoAnn\Environmental\ Ten Mile Creek East\Ralls Road Corp\Survey Agenda Request,wpd "'" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: October 5, 2004 SUBJECT: Florida Communities Trust Ten Mile Creek East / FCT Project 02-056-FF2 Ralls Road Corp. - Tax I.D. No. 2430-313-0005-000-3 Approval of Agreement with LBFH, Inc. BACKGROUND: On July 23,2002, the Board of County Commissioners authorized staff to submit a Grant Application to Florida Communities Trust (FCT) for the purchase of the Ten Mile Creek East project. On April 8, 2003, the Board of County Commissioners approved the Grant Contract with Florida Communities Trust (FCT) for the purchase of the Ten Mile Creek East project. The Grant Contract provides 75'Yo of the project costs or $2,617,500.00; whichever is less, for the purchase of the Ten Mile Creek East project. The remaining 25'Yo of the cost to acquire the lands will be provided from the Environmentally Significant Land Fund. LBFH, Inc. has a Professional Surveying Services Contract with St. Lucie County (Contract No. C02-03- 372). Staff requested a quotation from LBFH, Inc. to prepare a Boundary and Mean High Water Survey of the Ralls Road Corp. parcel located within the Ten Mile Creek East project. Staff received the LBFH, Inc. quotation in the amount of $ 27,580.00. The quotation requires Board approval as it exceeds the limits referenced in the St. Lucie County Purchasing Manual. RECOMMENDATION: Staff recommends approval of Work Authorization No. 15 with LBFH, Inc. in the amount of $27,580.00 and authorize the Chairman and County Attorney to sign the Work Authorization. G:\ACQ\WP\JoAnn\Environmental\Ten Mile Creek East\Ralls Road Corp\Survey Agenda Memo,wpd lI!£b CONSUI.TiNG CIVIL U-¡( ;I~ÆE"';, SURVEYCH\~~ '-~~ 1\ t:\P¡)ff..:'-; (._. I\"IL t\CRICULTUk!\I, WATEr; RF':,()l )keF'; \V,'\TER 8.. VVAS-rE\/....'.,\!-I-:I·:: TR¡\>~sr<)r~.TA.T!( )~..i St¡R\/EYINC;, s_ \.\:\!-'¡-'-::'~(,-~ , ; 'JP,-rtnQ(\.¡ Ù Jr <c~~~u1!s VdILH" h), ! ):'::,¡~:n" ,-;-¡{J S.\tV. C(¡r!j~¡:,dt, ¡ Pú¡n~ Cd'v, ! ;,::~"}:H / .c. i :! ¡-ii, (i, \ -' rd,\, '~-"-, \V,". ",,' 1! "r, August 18,2004 '....I Fax: 772-462-2362 Project No.: 04-0319 Ronald Harris County Surveyor St. Lucie County 2300 Virginia A venue Ft. Pierce, FL 34982 RE: St. Lucie County Ralls Road Corp Parcel Project Agreement for Surveying and Mapping Services Dear Mr. Harris: LBFH Inc. is looking forward to working with you on the Ralls Road Corp Parcel Project. We have prepared this proposal for your review and approval. The following exhibits are enclosed: · Exhibit A - Scope of Services · Exhibit A-I - Project limits legal description · Exhibit B - Terms and General Conditions to Agreement Note: Please complete Client's section on page 6. · Exhibit C - Time and Expense Rates If this proposal is agreeable to you, please sign and date a copy and return a copy to us as our authorization to proceed. Should you have questions or need further clarification, please call. :::~:~//~"II!" ('(/,/ /' I' ,/,- -- / ~ // r ,'-'-,' Clinton H. Knobloch, P.S.M. Professional Surveyor and Mapper P:\04-0319\Proposal\AFS.doc Approved: LBFH, Inc. (Hereinafter: LB Approved: S1. Lucie County Hereinafter: CLIENT) Name: Signature: Name: Signature: Leland Burton, P,S.M. Title: Vice President Title: Date: August 18,2004 Date: · I!if be \wi Page 2 of 7 Exhibit A Scope of Services Scope: Task "A" LBFH Inc. shall prepare a boundary survey for Ralls Road Corp Parcel, lying in Section 30, T -35-S, R-40-E. See attached "Exhibit A-I" for legal description of the subject property. The boundary survey will meet "The Minimum Technical Standards" Chapter 61 G 17 Florida Administrative Code. The survey shall show the limits and area of the proposed extension of Jenkins Road right-of-way over the subject property. The boundary survey shall locate the Mean High Water line meeting Chapter 177, Part II, Coastal Mapping Act, Florida Statutes. This option shall locate the Mean High Water Line at elevation 1.20 feet, based on tide interpolation point ill 915, per Labins interactive map. The Mean High Water line shall be mathematically shown on the survey, but not field monumented. A monumented meander line will be shown relative to each of the boundary lines, and shall mathematically tie-in and reference the Mean High Water Line. This will result in an upland acreage calculation to the Mean High Water Line. I!2fbc The survey shall result with a filing of the Boundary and Mean High Water Survey with the repository of the Division of State Lands, Bureau of Surveying and Mapping, Mean High Water Section, and shall result in a file number that shall be shown on the boundary survey drawing. Task "B" LBFH Inc. shall prepare a boundary survey for the proposed extension of Jenkins Road right-of-way for the portion of right-of-way lying in the overall parcel as described in "Exhibit A-I", attached hereto. Said parcel lying in Section 30, T -35-S, R-40-E The boundary survey will meet "The Minimum Technical Standards" Chapter 61G17 Florida Administrati ve Code. The survey shall field monument the proposed right-of-way, and prepare a legal description for the subject area. The survey shall be based on boundary survey performed in "Task A". P:\04-03] 9\Proposal\Exhibit A,doc Page 3 of 7 \.; ''WI Task "C" Title Review - Both surveys as listed in Task A & B shall review Commonwealth Land Title Insurance Company Commitment for Title Insurance, Commitment No. 03-07557C, file no. 0307557C, effective date June 11,2003, Schedule B - Section 2, for all listed encumbrances that are a matter of survey. The encumbrances shall either be graphically shown on the map or noted in the surveyor's drawing notes, Deliverable: LBFH Inc. will provide the following: Both Task A & B 1. Six (6) signed and sealed copies of the boundary survey 2. One (1) mylar 3. One (1) copy of field notes 4. One (1) copy on disk in AutoCAD Version 13 or 14 Schedule: Task "A" - boundary survey shall be completed in six (6) weeks from notice to proceed. Task "B" - shall be completed three (3) weeks after the completion of Task "A". Fee: The surveying and mapping service will be provided for T'ask "A" Lump Sum Fee: $24,850 Task "B" Lump Sum Fee: $2,030 Task "C" Time & Expense estimated at $700 Special Provisions: The Services shall be subject to the following special conditions: 1. This survey does not include the location of any jurisdictional wetlands. 2. Task "B" cannot be authorized individually without first completing Task "A". 3. Task "A" does not include a tide study, should one be deemed required by the Florida Department of Environmental Protection. P:\04-0319\Proposal\Exhibit A.doc ~. 'wi Exhibit "A-I" Beginning at the Southeast comer of the Southwest 1/4 of Section 30, Township 35 South, Range 40 East; thence North 89°51'57" West, a distance of 2675.14 feet, to the Southwest comer of Section 30, Township 35 South, Range 40 East; thence North 0°18'32" West, a distance of 1330.58 feet to the Northwest comer of the Southwest 1/4 of the Southwest 1/4 of Section 30, Township 35 South, Range 40 East; thence North 89°40'25" East, a distance of 572.00 feet; thence along the East bank of Ten Mile Creek, a distance of 920 feet, more or less; thence North 0°01' 43" West, a distance of 166.29 feet, to the Northwest corner of the South 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 30, Township 35 South, Range 40 East; thence North 89°29'39" East, a distance of 933.87 feet; thence South 0°02'58" West, a distance of 742.44 feet; thence North 89°40'25" East, a distance of 410.00 feet; thence South 0°02'58" West, a distance of 1277.44 feet, to the point of beginning. TOGETHER WITH the South 66.00 feet of the North 70.00 feet of the East 410.00 feet of the North 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 30, Township 35 South, Range 40 East, St. Lucie County, Florida. LESS, that parcel of land lying in Section 30, Township 35 South, Range 40 East, St. Lucie County, Florida and being more particularly described as follows: COMMENCE at the Northeast comer of the Southeast 1/4 of the Southwest 1/4 of said Section 30, Township 35 South, Range 40 East; thence South 00°21'44" West a distance of 70.00 feet; thence South 89°52'32" West a distance of 410.00 feet; thence North 00°21'44" East a distance of 66.00 feet to the Point of Beginning of the following described parcel: Thence continue North 00°21'44" East a distance of 676.74 feet to the North line of the Southeast 1/4 of the Northeast 1/4 of the Southwest 1/4 of said Section 30; thence South 89°42'43" West, along lastly said line, a distance of 134.76 feet; thence South 00°21'44" West a distance of 590.12 feet; thence South 45°01'28" East a distance of 74.32 feet to the beginning of a curve concave to the Northeast having a radius of 115.00 feet the chord of which bears South 67°31'28" East; thence Southeasterly along the arc of said curve a distance of 90.32 feet through a central angle of 45°00'00" to the Point of Beginning. I!æf be Exhibit B Terms and General ConditionvAgreement Page 5 of7 SERVICES AND FEES: The attached Exhibit A. Scope of Services and Fees. ("SERVICES"). describes specific work to be performed by LBFH and fees to be paid LBFH by CLIENT. PERFORMANCE: LBFH shaIl perform the work in an expeditious and diligent manner. The standard of care for all professional engineering and related services performed or furnished by LBFH under this Agreement wiIl be the care and skill ordinarily used by members of LBFH'S profession practicing under similar conditions at the same time and in the same locality. The parties to this Agreement agree that LBFH has no control over certain aspects of the work. including but not limited to. the timely submittal of data or information to be furnished by others for LBFH's use. the review and approval process of governmental. jurisdictional. or utility agencies and entities. LBFH asserts no guarantees regarding permit application processing times and issuance of a permit. and incurs no liability for same. LBFH's opinions of probable PROJECT costs are made on the basis of LBFH's judgment and experience for the given time and economic conditions. LBFH does not guarantee that proposals. bids or actual PROJECT cost will not vary from LBFH's opinions of probable cost. COMPENSA TION FEES: Lump Sum fees are fixed amounts to be paid for the services indicated, Time & Expense fees shaIl be based on the attached Exhibit C. Time & Expense Rates. All Time & Expense fees quoted in advance of the work being performed are ONLY ESTIMATES. RETAINER: Upon acceptance of this Agreement by CLIENT. but prior to initiation of work by LBFH. CLIENT shaIl deposit with LBFH a retainer in the amount of $000.00. Upor completion of work by LBFH. the amount of deposit shaIl be credited to CLIENT and calculated in the final sum due LBFH. In the case of payment default in excess of 60 days. the retainer shall be applied towards the outstanding invoices. work stopped and not continue until the account is current and additional retainer deposit is received. INVOICES: Invoices shall be sent to CLIENT by LBFH covering periods of not less than a month. Invoices shall be prepared in LBFH's style and format. If CLIENT requests a different style or format that requires additional preparation time by LBFH. then CLIENT shall compensate LBFH for that additional effort at the prevailing rate for personnel performing the work, Lump Sum fees owed LBFH for an invoice period shaIl be caJculated by LBFH based upon LBFH's percentage estimate of the amount of work accomplished for the period, Time & Expense fees owed LBFH for an invoice period shaIl be based on the amount of time expended by LBFH in performing the services. calculated portal-to- portal. multiplied by the prevailing rate for the personnel performing the work. A minimum of one hour of time will be charged for attendance at any public hearing. commission or board meeting, or at any legal or administrative proceeding. CLIENT wiIl reimburse LBFH for all direct non- salary expense. including but not limited to those items shown on Exhibit C. Time and Expense Rates. INVOICE REVIEW: Within 21 days of receipt of LBFH's invoice, CLIENT shaIl examine invoice in detail as to accuracy/completeness and shall raise any question/objection in writing regarding invoice .within these 21 days. After 21 days from receipt of LBFH's invoice. CLIENT waives any question/objection to the invoice not earlier raised. PA YMENT OF FEES: AIl fees are due and payable upon receipt of an invoice. Payment shall be in United States currency. If CLIENT fails to make any payment due LBFH within 30 days from the date of LBFH's invoice. the amounts due LBFH shall include a charge at the rate of 1.5% per month (18% per annum). or as otherwise provided by law. LBFH reserves the sole right to suspend all services to CLIENT if any invoice remains unpaid 60 days after date of invoice. If services are suspended. they may not resume until all unpaid invoices are paid in full. ADDITIONAL SERVICES: Services authorized by the CLIENT. other than those specificaIly set forth in the "Scope of Services". shall be considered additional services for which CLIENT shall compensate LBFH on a "Time & Expense" basis or as otherwise agreed by the parties. Additional services include revisions to work previously performed that are required because of a change in the data. criteria. or information furnished to LBFH. a change in the Scope or concept of the project initiated by the CLIENT, and/or services that are required by changes in the requirements of public agencies, after work under this Agreement has commenced., A "Change of Scope Memorandum" will be executed by CLIENT before such work is started. RA TE AND FEE ADJUSTMENT: The attached schedule of hourly billing rates is subject to change at the end of each calendar year, and shall be reflected in this Agreement. Lump sum fees are also subject to change at the end of each calendar year based upon the Consumer Price Index for All Urban Consumers (CPI-U). · I!2f be GENERAL CONDITIONS DATA PROVIDED BY OTHERS: CLIENT is responsible for supplying LBFH with information and data required for LBFH's use in accomplishing the work. LBFH shall not be responsible or liable for any inaccurate or incomplete information provided by others, or for its good faith use of inaccurate or incomplete information provided by others. Page 6 of7 OWNERSHIP OF DOCUMENTS: All documents, including drawings, specifications, field notes, and electronically generated information and data prepared by LBFH pursuant to the terms of this Agreement, are the property of LBFH, Copies of LBFH's non-proprietary documents wi\l be made available to CLIENT at the "Time & Expense" cost for reproducing said documents. These documents are not intended or represented to be suitable for reuse for extensions of this or any other project, and CLIENT or others are prohibited from making or incorporating any adjustments, changes or amendments to them without specific written approval from LBFH. ENFORCEMENT: In any action to enforce or to interpret this Agreement, the prevailing party shall be entitled to recover all costs and expenses incurred, including reasonable attorney's fees. For the purpose of this Agreement "action" shall be interpreted to include negotiations and investigation prior to the institution of proceedings at the trial level as well as costs and fees incurred through any appeals, In the event CLIENT has or asserts some claim or demand against LBFB based upon this Agreement or any services delivered under this Agreement, including any extensions or modifications thereof, CLIENT, as well as all persons or firms claiming through, under, or against CLIENT, must initiate suit against the LBFH within one year from the date upon which the services were delivered or claim shall be forever barred, LBFH's liability is limited to the fees paid by CLIENT under the terms and conditions of this Agreement. LBFH agrees to waive this limitation upon receiving CLIENT'S written request and additional payment of four percent of LBFH's fee, or five hundred dolIars ($500.00), whichever is greater, within 5 days of the date of this Agreement. Venue for any disputes shalI be in Martin County Florida, unless otherwise required by Florida law. AGREEMENT MODIFICA TION: This Agreement may be modified by the parties at any time, but no such modification shalI be effective unless reduced to writing and signed by both parties. PRIVITY OF AGREEMENT: This Agreement is not to be construed to provide any obligation P:\04-0053\Proposal\Exhibil B,doc from the LBFH to any third parties, including, but not limited t'), any contractors (general or sub), banks, lerv. institutions or to any successors in title to the CLIENT. The rights under this Agreement only inure to the parties hereto. ASSIGNABILITY: This Agreement is expressly understood to be nontransferable and non-assignable by either party without the express written consent of the other party. ACCEPTANCE: The fees, terms and conditions offered in this Agreement shall be valid and open for acceptance by CLIENT for a period of sixty (60) days after the date the Agreement is signed by LBFH. EFFECTIVE DA TE: This Agreement shall become effective on the date that it is signed by CLIENT and returned to LBFH with the required retainer. TERMINA TION: This Agreement may be terminated by either party upon giving 7 days written notice, and CLIENT shall be responsible only for those fees and expenses incurred through the date of receipt of said notice, Notice shall be delivered to above stated addresses. SEVERABILITY: In the event a court of competent jurisdiction determines that any term or provision of this contract is unenforceable for any reason, the balance of the terms and conditions shalI nonetheless remain in full force and effect and such unenforceable provisions shalI be deemed to have been excised and deleted from this Agreement as though it had never been a part hereof. SPECIAL PROVISIONS: Special provISIons shall be as set forth in Exhibit A. Where special provisions conflict with the terms and conditions, the special conditions shall prevail. To Be Completed by CLIENT: The record title owner of the real property which is the subject of this Agreement is: A copy of the deed vesting title in client being attached hereto. If the owner of the property is not the CLIENT, the CLIENT'S interest in the property is: A copy of the document, showing clients interest in the property being attached hereto, ""'" I!æf be EXHIBIT C TIME AND EXPENSE RATES The rates and charges shown below are used to calculate invoice amounts for services rendered on a Time and Expense basis. A. Personnel Hourly Billing Rates: Project Director ..............,.... ........................ ....................,.........,..... $145.00 Sr. Client Service Manager ............................................................. $120.00 Client Service Manager ................................................................... $100.00 Sr. Project Engineer.....................................,................................... $100,00 Project Engineer V........................................................................... $ 95.00 Project Engineer IV.......................................................................... $ 85.00 Project Engineer III ................................................................:......... $ 80.00 Project Engineer II ........................................................................... $ 75.00 Project Engineer I.............................,...:....................,...................... $ 70.00 Sr. Designer..,.......................,...,.,................,...,......;.....,..........,....,... $ 85.00 Designer ... .... ,..... ...... ,.. ..."... .... .....,. ....,.............., ..... ....,.,. .... .., .....,.... $ 80,00 Survey Client Service Manager........................................................ $ 90.00 Sr. Professional Surveyor & Mapper ............................................... $ 85.00 Professional Surveyor & Mapper..................................................... $ 75,00 Engineering & Survey Technician II,............................................... $ 70,00 Engineering & Survey Technician I................................................. $ 60.00 Sr. Field Representative ................................................................... $ 85.00 Field Representative II ..................................................................... $ 70.00 Field Representative 1....................................................................... $ 55.00 Survey Crew .......,............................................................,....,........ ,. $100.00 GPS Equipment,.......,............................,..........,...,.....,......,.."........,. $ 35.00 Administrative Support .................................................................... $ 35.00 B. Outside contractual services secured by ENGINEER on CLIENT'S behalf, travel costs by commercial carrier, direct non-salary expenses including, but not limited to, meals, lodging, special mailing or delivery services, legal advertisements and notices, title search service and special survey materials shall be reimbursed at 110 percent of ENGINEER'S cost. C. A 1.5-percent charge will be added to all invoices to cover ENGINEER'S expense items such as occasional photocopies, telephone charges, fax, local travel, and regular postage. D. Contract printing and blueprinting shall be charged at 110 percent of ENGINEER'S cost. Internally-produced blueprints shall be charged at $ 0.25 per square foot or fraction thereof, and photocopies shall be charged at $ 0.15 per sheet. 0\ '<t ,...; 8 a ~ ..;. 00 Q õõ '--' ~ 1! 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AGENDA REQUEST """ ITEM NO. c-3A r '- DATE: October 5,2004 REGULAR PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Deletion of Land and Improvements from Fixed Asset Inventory accordance with the procedures outlined in the purchasing manual, section 18.4 (The Purchasing Department and/or OMB will seek approval from the Board of County Commissioners to remove the item from the Capital Asset Inventory if the item can not be utilized elsewhere in the County). BACKGROUND: The Capital Accountant in Finance researched and detennined that the attached items should not have been capitalized at the time of purchase. The items should have been recorded as aid and/or contributions to other governments, FUNDS AVAILABLE: None PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board of County Commissioners approve the deletion of the capitalized items which were capitalized as of September 30,2003 , [X] APPROVED [] DENIED [ ] OTHER: Approved 5-0 ouglas M. Anderson County Administrator COMMISSION ACTION: Originating Dept: Coordination/Signatures fr Management & Bndget: ''t (Y1!VtG Pnrchasing: Public Works: Other: County Attomey:xx Finance: (Check for Copy only, if applicable) ---1-, G:\BUDGEn WP\AGENDA'S\AGENDA04\\ O'OS'04ASSETINVENTOR YDELETION,DOC ~ ';I' " ""'" "" SAINT LUCIE COUNTY .......~ CLERK OF CIRCUIT COURT FINANCE DEPARTMENT 462-2157 TO: Marie Gouin & Jennifer Hill, OMB Dept. FROM: Diane Bernardo, Accounting Manager DATE: 9/22/04 SUBJECT: Deletion of Land and Improvements from Fixed Asset Inventory Attached please find a list of deletions from our fixed asset inventory system during this fiscal year. Our capital accountant researched old records and has determined that the attached items should not have been capitalized at the time of purchase, These items should have been recorded as aid and/or contributions to other governments, However because these items were capitalized as of September 30,2003, we are requesting that the "deletions" from the inventory be presented to the Board in accordance with the procedures outlined in the purchasing manual, section 18.4. Please call me if you have any additional questions. Cc: Chris Hartley . ' . ~ St Lucie County Schedule of Write Offs Governmental Funds - 901 FYE 9/30/04 ..." 8120104 KHR LAND: Orig Fund/Org Date Property 1/ Description Amount Reason for Write Off 101006/4116 9/30/2001 X49002 #341550100370009 Owner per Property Appraiser: D&C PSL L TO $ 2,953,00 Transfer Land back to DOT per CR1I46522 (J2042059) 145/6230 9/30/1996 X6950H #251624100030006 $ 2,750,00 Per Jim David - State Acquisition Owner per Property Appraiser: Tr Int Imp Trust Fund 305/7230 9/30/1996 X760106 #251624100030006 $ 13,55400 Per Jim David - State Acquisition Owner per Property Appraiser: Tr Int Imp Trust Fund 145/6230 6/21/2002 X000600 50 Yr Chain Title $ 100,00 Per Jim David - Land not purchased 305/7230 9/30/1966 X000701A #140911100010006 $ 2,535,566,31 Belongs to Transportation Imp Trust Fund Owner per Property Appraiser: Tr Int Imp Trust Fund Total of 901 Land Write Offs: $ 2,554,923,31 BUILDINGS: Orlg Fund/Org Date Property # Description 140267/4220 9/30/1999 Y000404 Old Fairgrounds Bldgs demolished FY 04 Amount Reason for Write Off $ 260,369,50 Bldgs demolished in FY 04 145/6230 9/30/1966 Y60013 Renovations-Lumber, Pumping, Paint $ 30,245,19 Duplicate entry per Jim David Total of 901 Bldg Write Offs: $ 310,634,69 IMPROVEMENTS OTHER THAN BLDGS: Orig Fund/Org Date Property # Description Amount Reason for Write Off 101/4112 9/30/1996 Z80055 Becker Road Construction $ 36,421,57 PSL Road - Per Eng (0, WesUB Padrick) 101/4113 9/30/1996 Z4111 Becker Road Construction $ 730,00 PSL Road - Per Eng (OWesUB Padrick) 101/4112 9/30/1996 Z4111A Becker Road Construction $ 170,260,55 PSL Road - Per Eng (O,WesUB Padrick) 101/4112 9/30/1996 Z4111AA Becker Road Construction $ 22,640,00 PSL Road - Per Eng (OWesUB Padrick) Subtotal Project 4111 : $ 193,650,55 101/4115 9/30/1997 Z415025 Becker Road MSBU Paving $ 594,29 PSL Road (Per O,WesUB. Padrick) 335/4110 9/30/1997 Z415025A Becker Road MSBU Paving $ 1,430,039,51 PSL Road (Per O,WesUB. Padrick) 335/4110 9/30/1996 Z415025AA Becker Road MSBU Paving $ 59,506,79 PSL Road (Per O,WesUB. Padrick) 335/4110 9/30/1999 Z415025AB Becker Road MSBU Paving $ 2,627.45 PSL Road (per O,WesUB, Padrick) 335/4110 9/30/2001 Z415025AC Becker Road MSBU Paving $ 4,600,00 PSL Road (Per 0, WesUB, Padrick) Subtotal Project 415025: $ 1,497,366,04 101002/4112 11/16/2001 Z410017 Ave O-New Street Construction $ 143,000,00 Ave 0 oW/Off - Road belongs to Ft Pierce 101002/4112 9/30/1997 Z410017A Ave O-Eng Fees $ 60,000,00 Ave 0 oW/Off - Road belongs to Ft Pierce 101002/4112 9/30/2000 Z410017AA Ave O-Eng Fees $ 500,000,00 Ave 0 oW/Off - Road belongs to Ft Pierce 101002/4112 9/30/2001 Z410017B Ave O-SLC Installment $ 250,000,00 Ave 0 oW/Off - Road belongs to Ft Pierce 101002/4112 11/22/2002 Z410017C Ave O-New Street Construction $ 143,000,00 Ave 0 oW/Off - Road belongs to Ft Pierce Subtotal Project 410017: $ 1,096,000,00 101001/4115 12/21/2001 Z3811 Saeger Ave MSBUlWater $ 198,24 W/Off - FPUA Water 101001/4115 9/30/1999 Z3611A Saeger Ave MSBUlWater $ 24.40 W/Off - FPUA Water 101001/4115 9/30/2000 Z3811AA Saeger Ave MSBUlWater $ 30,76 W/Off - FPUA Water 101001/4115 9/30/2001 Z3811 AB Saeger Ave MSBUlWater $ 93,60 W/Off - FPUA Water 101001/4115 217/2003 Z3611AC Saeger Ave MSBUlWater $ 95,04 W/Off - FPUA Water Subtotal Project 3811 : $ 442,04 101001/4115 2/1/2002 Z36013 Osceola Dr MSBUlWater $ 198,24 W/Off - FPUA Water 101001/4115 2/7/2003 Z36013A Osceola Dr MSBUlWater $ 95,04 W/Off - FPUA Water $ 293,28 101001/4115 12/21/2001 Z36014 Coral St MSBUlWater $ 146,66 W/Off - FPUA Water 101001/4115 2/112002 Z38014A Coral St MSBUlWater $ 49,56 W/Off - FPUA Water 101001/4115 2/7/2003 Z38014AA Coral St MSBUlWater $ 95,04 W/Off - FPUA Water $ 293,26 101001/4115 9/30/1999 Z4513A Echo St MSBUlWater $ 24.40 W/Off - FPUA Water 101001/4115 9/30/2000 Z4513AA Echo St MSBUlWater $ 30,76 W/Off - FPUA Water 101001/4115 9/30/2001 Z4513AB Echo St MSBUlWater $ 93,60 W/Off - FPUA Water 101001/4115 2/7/2003 Z4513AC Echo St MSBUlWater $ 95,04 W/Off - FPUA Water 101001/4115 12/21/2001 Z4513AO Echo St MSBUlWater $ 200,60 W/Off - FPUA Water $ 444.40 Total of 901 Imp OfT Write Offs, $ 2,824,913,16 Total Combined 901 Write Offs: $ 5,690,471,16 H,IFY 04 Capital Assets\Schedule of Write offs FY04 - Governmental Funds Final,xls ~ ------ ~ '-"" "-tJ AGENDA REOUEST ITEM NO. C - 3B DATE: October 5, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Tax Collector is requesting an advance for October. BACKGROUND: The Tax Collector has requested an advance for the October's commission as provided by Florida Statute 192.102. The letter from the Tax Collector and the statute are attached. FUNDS AVAILABLE: 001-1315-549100-100 PREVIOUS ACTION: NI A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the advance for the Tax Collector as outlined by Florida Statute 192.102. [XJ APPROVED [ ] OTHER: [ ] DENIED ouglas M. Anderson County Administrator COMMISSION ACTION: Approved 5-0 County Attomey:xx ~. Coordination/Signatures Management & Budget: ~4purchaSing: Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable)--1-. G:\BUDGE1\WP\AGENDA'S\AGENDA04\lO'5TAXCOLLECTOROCTC OMM,DOC '-" Bob Davis, CPA, CGFO, CFC St. Lucie County Tax Collector P.O. Box 308 . Fort Pierce, Florida 34954-0308 Website: www.tcslc.com Email: taxcollector@co.st-Iucie.fl.us 'wtf1 FORT PIERCE County Administration Bldg, 2300 VlIginiaAvenue Fort Pierce, FL 34982-5652 (772) 462-1650 Fax (772) 462-2101 PORT ST. LUCIE City Center 9340 So. Federal Hwy. Port St. Lucie, FL 34952-2885 (772) 337-5600 Fax (772) 337-5624 September 15,2004 Chris Hartley, Finance Director Clerk of the Circuit Court 2300 Virginia Avenue Fort Pierce, FL 3498,2 Re: First Commission advance of $240,000.00 Dear Chris: Please consider this letter a request for the October commission advance for my office as provided by Section 192.102, Florida Statutes. The amount I am requesting is $240,000. The advance is based on one-twelfth of the commission on the county taxes levied and occupational licenses collected for the prior year. Sincerely, & Bob Davis, CPA, CGFO, CFC S1. Lucie County Tax Collector BD/pm AS'(~ ~"" \ v.... C. .\, 'ð "" ",'i\"" ., \", " ,',' .ê_ ,·.lJ " .,,\ :)~'-\')...I 't\.' :....\'::, ........,\\ ' '.". '. ....J .;, \..} "J~~ .. . :' REAL ESTATE AND PERSONAL PROPERTY TAXES· TOURIST DEVELOPMENT TAX . OCCUPATiONAL LICENSE' ALARM P~~~ ' MOTOR VEHICLES, VESSELS & MOBILE HOMES . HUNTING. FISHING & TRAPPING LICENSES , " .Statutes & Constituti~iew Statutes: flsenate.gov ....., Page 1 of 1 Select Year: I~~~~j~ The 2004 Florida Statutes Title XIV Chapter 192 View Entire Chapter TAXATION AND FINANCE TAXATION: GENERAL PROVISIONS 192.102 Payment of property appraisers' and co\lectors' commissions.-- _w__w.w.._".,·._··v·,,··_·. (1) The board of county commissioners and school board of each county shall advance and pay to the county tax collector of each such county, at the first meeting of such board each month from October through July of each year, on demand of the county tax collector, an amount equal to one-twelfth of the commissions on the county taxes levied on the county tax roll for the preceding year and one-twelfth of the commissions on county occupational and beverage licenses paid to the tax collector in the preceding fiscal year. To demand the first advance under this section, each tax collector shall submit to the board of county commissioners a statement showing the calculation of the commissions on which the amount of each advance is to be based, (2) On or before November 1 of each year, each tax collector who has received advances under the provisions of this section shall make an accounting to the board of county commissioners and the school board, and any adjustments necessary shall be made so that the total advances and commissions paid by the board of county commissioners and the school board shall be the amount of commissions earned. At no time within the year shall there be paid by the board of county commissioners and the school board more than the total advances due to that date or the commissions earned to that date, whichever is the greater, Nothing contained herein shall be construed to abrogate any law providing a salary for the tax collector or require the tax collector to accept the benefits of this section. (3) The Chief Financial Officer shall issue to each of the county property appraisers and collectors of taxes, on the first Monday of January, April, July, and October, on demand of such county property appraisers and collectors of taxes after approval by the Department of Revenue, and shall pay, his or her warrant for an amount equal to one-fourth of four-fifths of the total amount of commissions received by such county property appraisers and collectors of taxes or their predecessors in office from the state during and for the preceding year, and the balance of the commissions earned by such county property appraiser and collector of taxes, respectively, during each year, over and above the amount of such installment payments herein provided for, shall be payable when a report of errors and double assessments is approved by the county commissioners and a copy thereof filed with the Department of Revenue. History.--s, 7, ch. 70-243; s. 22, ch, 73-172; s, 1, ch, 74-234; s, 1, ch. 77-102; s, 968, ch. 95-147; s. 3, ch, 96-397; s, 173, ch. 2003-261. Note.--Consolidation of provisions of former ss, 192.101, 192.114, 192.122, Disclaimer: The information on this system is unverified. The journats or printed bills of the respective chambers shoutd be consutted for offici at purposes. Copyright \C 2000-2004 State of Ftorida. _ J:'_ <)_-0') Á'T1'1'U'\r1P.= View%20Statutes&SubMenu= 1 &... 9/20/2004 \...f ' ...., AGENDA REQUEST ITEl\' NO. C - 3C DATE: October 5, 2004 REGULAR PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Medical Examiner's FY04 Budget Change. BACKGROUND: The Medical Examiner is requesting a budget amendment to purchase eight (8) stainless steel autopsy trays to allow for additional storage space in the cooler at the morgue. He is not asking for additional funds, the proposed change will not affect his total budget. The letter from the Medical Examiner is attached. FUNDS AVAILABLE: 107-2710-581080-200 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Medical Examiner's request to purchase eight (8) stainless steel autopsy trays. [XJ APPROVED [] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: ~M.Ande~ County Administrator COMMISSION ACTION: County Attomey:xx ~ Ii Coordination/Signatures Management & Budget: fllnt1J Purchasing: Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) ~. r,'\RI rOOET\ WP\AGENDA'S\AGENDA04\1 O'5MEDICALEXAMINERAUTOPSYTRA YS,DOC 4 , SEP-14-2004 (TUE) \..r 38 , ....., P. 002/003 OFFICE OF THE MEDICAL EXAMINER DISTRICT 19 2500 South 35th Street - Fort Pierce, FL 34981-5573 (772) 464·7378 · Fax (772) 464-2409 Rogor E. Mittleman, M.D. Chief Medical E;\wncr Chadcs A. Diggs, M.D. Assoeiate Medical Examiner MEMORANDUM - DATE: Jason Brown, Budget Manager, Indian River County Taryn Kryzda, Administrative 'Service Director, Martin County Jim Threewits, Deputy County Administrator, Okeechobee County Marie Gouin, Office of Management & Budget Director, St. Lucie County ~ Roger E. Mittleman, M,O., C.M,E. TO: FROM: September 10, 2004 SUBJECT: Request for Stainless Steel Autopsy Trays Due to the effects of Hurricane Frances in the four-counties we serve, the Office of the Medical Examiner, District 19 is requesting approval to order eight (8) stainless steel autopsy trays to allow for additional storage space in the cooler at the morgue. The cost of the trays is $6,072 (see attached quote which includes freight). In order to cover this expense, it is my intention to divert funds from the following accounts: $2,770 from Morgue Equipment Repairs/Replacement; $1,500 from Tri- County Body Transport Service; and $1,802 from Wuesthoff Reference Laboratory. This expenditure will not result in a budget overrun. For auditing purposes, if you approve the purchase of the stainless steel autopsy trays, please sign in the appropriate space below and fax this to me at (772) 464-2409. If you have any questions please call me. I thank you for your assistance with this matter. Jason Brown -Indian River County Taryn Kryzda - Martin County Date Signature Date Slgnat1.lre Jim Threewits - Okeechobee County Marie Gouin - St. Lucie County Signature Date Signature Date SERVING. . . H~"DIAN RIVER. MARTIN, OKEECHOBEE A.~"D ST. LUCIE COUNTIES I SEP-14-2004 (TJE)" . 38 f"~t:H,Mf-¡; e;:s447CCSl 09/1Ø/Ø4 ~6~ P.ØØ3/003 P. ØØl ... 45la Porte Street - Arcadia, CA 91006 Tel: (BOO) 410.0100 - (626) 447-8161 Fax: (626) 447-005' Email: info@mortechmfg.com Mortech Manufacturing Order Acknowledgement " ." To: Lydia Fax: 772-464--2409 Fram: Gino Joseph De~ September10,2004 He: Order for SfS Body Trays cc: PLEASE SIGN AND RETURN - ORDER CANNOT PROCESS UNTIL RECEIVED Mortech Manufacturing Company proposes to supply the following: (8) Model T3614 Stainless Steel Autopsy Trays at $709.00 each Freight to 34981 for (8) units is $400.00 For the total cost of: $ 6,072.00 Freight is included by common carrier with unloading by others. All (8) Units are in stock and will ship with 2-3 days from receipt of signed acknowledgement Payment shall be made Net 30 upon receipt of invoice. Mortech offers a one-year warranty against defects in material and/or workmanship. Items not manufactured by Mortech receive the manufacturers \'\.'3rTanty, All items are F.O.B. Arcadia, CA. ß IIC /e;! ~~ ISO Docum~t #1001 Rev- ...,., '-' ....., ,~*'4"!~':-,,ª í::, .. <~~·'J"~:t'~·~~~~~~t::-~r~t-!,-:,~;-~ ITEM NO. /.J / - r.-ç::>."".J,:'.:"" . .', ,> "" ... ... ....... ..'¥~;----:~ ~ - ... DATE: Oct. ,!C: 2004 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) SUBMITTED BY (DEPT): UTILITIES DEPARTMENT ët~ P,M. Bowers Utility Director TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Staff requests approval of a Work Authorization with LBFH, Inc. for engineering services for the design and bidding services for the North Hutchinson Island Wastewater Treatment Plant improvements and modifications in the amount of $33,750.00. FUNDS AVAILABLE: Funds to be made available 449-3600-563000-300 Improvements other than Building/Consulting Engineer PREVIOUS ACTION: Board of County Comniissioners approved continuing contract #COO-03-234. RECOMMENDATION: Staff recommends Board approval of the Work Authorization with LBFH, Inc. for engineering services for the design and bidding services for the North Hutchinson Island Wastewater Treatment Plant improvements and modifications in the amount of $33,750.00. ~APPROVED o OTHER: Approved 5-0 o DENIED COMMISSION ACTION: \. County Attorney: 'Q Originating Dept: 0t ~' ~ Review and Approvals ~anagement and Budget: Ú~ \ Purchasing: Ell º Other: 0 Other: º Finance: (Check for copy only, if applicable): Anyone with a disability requiring accommodations to attend this meeting should contact the SI. Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting, ~ ...,,¡ UTILITY DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: P.M. Bowers, Utility Director DATE: October 5, 2004 RE: LBFH, Inc. - Work Authorization BACKGROUND: The Work Authorization with LBFH, Inc. will enable them to prepare preliminary engineering and the preparation of construction plans, technical specifications, cost estimates, bidding documents and permit applications and will also include the installation of one Discfilter to supplement the three existing filters at the site. RECOMMENDATION: Staff recommends Board approval of the Work Authorization with LBFH, Inc. for engineering services for the design and bidding services for the North Hutchinson Island Wastewater Treatment Plant improvements and modifications in the amount of $33,750.00. '-" ....." EXHIBIT "A" To the Agreement Between St. Lucie County Utilities and LBFH, Inc. North Hutchinson Island Wastewater Treatment Plant Filter Addition SECTION 1 - SCOPE OF SERVICES LBFH, Inc. (ENGINEER) will provide the following services to S1. Lucie County Utilities (SLCU) (OWNER) in accordance with applicable sections of the AGREEMENT: Provide Preliminary Engineering D~sign plus final design and bidding services for the North Hutchinson Island Wastewater Treatment Plant improvements and modifications, to include plant retrofitting and the construction/installation of one (1) filter. This plant modification will include the installation of one (1) Discfilter, to supplement the three (3) existing filters at the site. The proposed construction represents a minor modification to the existing wastewater treatment facility because it is not expected to substantially change the characteristics of the plant effluent, the treatment system, or the disposal system, and does not change the permitted capacity of the system. The Engineer's effort will consist of preliminary engineering and the preparation of construction plans, technical specifications, cost estllnates, bidding documents and permit applications. The permitting effort will include the preparation and submission of the appropriate Florida Department of Environmental Protection (FDEP) permit application, and the response to up to two (2) Requests for Information (RFI) from FDEP. All activities associated with Bidding and Award of the Project are included. These activities will include notifying contractors of the project and soliciting their bids, the preparation of all .addenda to the construction plans and specifications, consultation with SLCD, attending the bid opening, reviewing the bids and providing a letter of recommendation of award. Phase 22 -Preliminary Desi2n Engineer will conduct detailed site visits with operating staff in order to assess current conditions and operating issues. Engineer will research the design requirements and develop a preliminary design that addresses the design components of the project. It is understood that the work effort related to developing the preliminary design is consistent with 30% complete design. The 30% design shall incorporate the following components: CITemp\Exhibit A - NHI WWTP Filter Addition,doc '-' ..""" 1. Site plan and layout of the proposed improvements, illustrating relationships to the existing and proposed future improvements. 2. Development of design criteria to be used for the proposed equipment/ improvements, and identification ofprelirninary equipment/manufacturer selections. 3. Preliminary design/engineering information will be developed for the following design components: · Modification of existing discharge from clarifiers into filters · Construction/installation of one (1) additional filter · Modification of discharge from the filters to the chlorine contact tanks 4. Proposed power and instrumentation controls 5. Proposed process schematic 6. Regulatory permitting confirmation 7, Preliminary construction cost estimate The purpose of the preliminary design/engineering effort is to allow SLCD to review and provide guidance and/or changes to the proposed design. SLCD shall review and provide the Engineer any written comments as to approval or changes required. Phase 23 - Final Design Upon completion of the preliminary design/engineering report and approval of same by SLCD, the Engineer will prepare detailed construction drawings, technical specifications and contract documents suitable for requesting public bids and in sufficient detail to permit efficient construction of the facilities designed. Engineer will proceed with final design and make design submittals to SLCD at the 60% and 100% completion stages. It is anticipated that SLC will review the 60% submittal package and prepare a written response indicating approval or providing comments for the 60% submittal. The Final Design stage will consist of the following elements: · Attend meetings with SLCD personnel to develop plans for bypasses, temporary connections, temporary operating procedures, etc. · Provide coordination/oversight of soils/geotechnical services, surveying services, electrical services, and all sub-disciplines · Prepare design drawings, contract documents and technical specifications · Establish and detail plan and sectional views of the design improvements · Develop the proper details to support the designed improvements · Develop estimate of probable construction costs based on the completed contract drawings · Prepare technical specifications and contract documents based on current SLCU C:\Tc:mplExhibit A - NH! WWfP Filter Addition,doc ~ '~ administrative documents · Review plans and provide quality assurance and quality control review · Present 60% complete design drawings to SLCD for review and comment · Prepare final design drawings and specifications for bidding · Prepare a final construction cost estimate Phase 43 - FDEP Permittin2: Engineer will prepare and submit the following pennit applications in support of the proj ect. The Engineer shall also respond up to two (2) "Request for Information" letters received from FDEP. Permit application fees will be paid by SLCD. · Form 62-620.910(9), Application for a Minor Revision to a Wastewater Facility or Activity Permit Phase 62 - Biddin2: Services Engineer will assist SLCD in obtaining public bids for the work designed. The Engineer will provide the following services: · Attend one (1) mandatory pre-bid conference, to explain the project and to answer questions concerning the project · Provide up to two (2) addenda and/or written clarifications that may be necessary for bidding · Attend the bid opening · Assist SLCD in reviewing bids · Evaluate received bids and confirm references · Prepare a recommendation of award for the construction contract for the lowest responsive and responsible bidder REIM - Direct Expenses Any direct, non-salary expense, including, but not limited to, photocopies, b1acklines, out-of- office reproductive or photographic services, long distance telephone calls, special mailing or delivery services, contract services authorized by the OWNER, permit and processing fees, legal advertisements and notices, title search services, special materials and analysis equipment. SECTION 2 - DELIVERABLES Phase 22 - Preliminary En2:ineerin2: Report · Preliminary Engineering Design · FDEP minor modification permit application · Preliminary Cost Estimates and Schedules C\Tomp\Exhibit A - NHI WWTP Filter Addition,doc ~ ..., Phase 23 - Final Design · Contract documents, construction plans and technical specifications · Final estimate of probable construction costs Phase 62 - Bidding Services · Necessary addenda to the contract documents · Recommendation of Award Response SECTION 3 - SCHEDULE Phase 22 - Preliminary Design Phase 23 - Final Design Phase 43 - Pennitting Phase 62 - Bidding Duration (days) 30 30 N/A 45 SECTION 4 - METHOD AND AMOUNT OF COMPENSATION Compensation for this work will be in accordance with the following Phase breakdown: PHASE DESCRIPTION PAYMENT METHOD AMOUNT Phase 22 - Preliminary Design (30% Design) Phase 23 - Final Design (100% Design) Phase 43 - Pennitting Phase 62 - Bidding Services Reimbursables - Direct Expense Lump Sum (LS) LS Time & Expense (T &E) LS LS $8,750 $18,700 $2,100 $3,800 $400 SECTION 5 - OWNER'S RESPONSIBILITIES OWNER hereby designates Mike Bowers as OWNER'S representative. In addition to applicable provisions of the Agreement, the OWNER will: . Attend meetings as required for the proper execution of the work. . Provide copies of existing plans, specifications, reports, etc., as applicable. SECTION 6 - OTHER PROVISIONS 6.1 SLCD remains responsible for direct payments of all permit application fees. 6.2 SLCD will obtain and pay for publication of any newspaper advertisements or notifications associated with this project. C:\TcmplExhibit A - NHI WWTP Filter Addition,doc r -I' .~~ ITEM N~ C- 5a DATE: 10/5/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasinq Department Ed Parker, Purchasinq Director SUBJECT: Change Order #1 with Dependable Roofing Systems, Inc. for roof replacement at the Fort Pierce Community Center. BACKGROUND: On April 13, 2004 the Board of County Commissioners approved, pursuant to Bid #04-033, a contract with Dependable Roofing Systems, Inc. for roof replacement at the Fort Pierce Community Center. Staff is now requesting approval of change order #1 to supply and install approximately 10,200 sq. ft. of 2" Hunter nail-board insulation at $1.80 unit price per sq ft. for total change order cost of $18,360. FUNDS AVAILABLE: 316-7210-546200-150087 (Maintenance Improvement Projects - FPCC Maintenance Improvement) PREVIOUS ACTION: On September 21, 2004 the Board of County Commissioners approved authorization to reallocate $20K from the Parks Capital Reserve to complete the Fort Pierce Community Center roof. RECOMMENDATION: Staff recommends approval of change order #1 to contract C04-04-246 with Dependable Roofing Systems, Inc. for $18,360 and authorization for the Chairman to sign change order #1 as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: [XI APPROVED [] DENIED [ ] OTHER: Approved 5-0 - Anderson nty Administrator Coordination/Siqnatu res County Attorney: (X) ð~- Mgt. & Budget: Û!J t:::yJ¡.IJ'l3j;; Other: Purchasing Mgr,:(X) 6// Originating Dept:: Other: Finance: (Check for Copy only, if Applicable) , CHANGE ORDER '-" ST. LUCIE COUNTY PROJECT: (name, address) Ft. Pierce Community Center '...I ~ CHANGE ORDER NUMBER: No.1 INITIATION DATE: 9/21/2004 CONSULTANT'S PROJECT NO.: TO (Contractor): Dependable Roofing 1815 8th Avenue, SW Vero Beach, Florida 32962 ST. LUCIE COUNTY CONTRACT NO: C04-04-246 CONTRACT DATE You are directed to make the following changes in this contract: (Additional sheet attached as Exhibit A - Yes No) The original (Contract Sum) (Guaranteed Maximum Cost) was Net change by previous authorized Change orders The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change order The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased or changed) by this Change Order The new (Contract Sum) (Guaranteed Maximum Cost) including this Change order will be The Contract Time will be (increased) (decreased) (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is: $ 50,400.00 $ $ 50,400.00 $ 18,360.00 $ 68,760.00 ( 70 ) Days Funds Available: Account Number 04-316-7240-563000-150087 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and 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 the Contractor will waive all rights to file a claim on this Change Order after it is properly executed, All work performed under this Change Order shall be performed in accordance with the contract specifications, Recommended: Approved: Address Central Services St. Lucie County Department 2300 Virginia Avenue, Ft. Pierce, FL 34982 Address Architect/Engineer By Agreed To: Dependable Roofing Systems, Inc. Contractor Date By Authorized St. Lucie County:2300 Virginia Ave., Ft. Pierce, FL 34982 1815 8th Ave SW, Vero Beach, FL 32962 Address ~ D~ Approved as to Form and Correctness: County Attorney By Date I ., Dep~ndable Roofing Syste~, Inc. "The One You Can Depend On" License # CCC1325690 1815 8th Ave SW Vero Beach, FL 32962 (772) 569-0880 Fax (772) 299-0658 June 23,2004 Kenneth Hall, Project Manager St. Lucie County 3071 Oleander Ave Fort Pierce, FL 34982 Re: Insulation Change Order @ Fort Pierce Community Center Contract #C04-04-246 / P,O No. P24l2744 Dear Ken: Weare pleased to submit the following proposal for your consideration on the above referenced premises as follows. We agree to provide all labor, material, equipment, and the proper insurance. Scope of work Roofing Insulation 1. Supply and install approximately 10,200 sq ft of2" Hunter nail-board insulation. A. Unit Price Square Ft $ 1.80 B. Extended Price $ 18.360 If you have any questions or need additional information, feel free to give us a call at any time. We appreciate you giving us this opportunity to work with you. Sincerely, Raul Licona President Acceptance of Proposal The above price, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified Accepted by: Date Signature of owner or Authorized Agent ITEM N~-5b DATE: 10/5/04 """" \ \ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) REVISED TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT ED PARKER, DIRECTOR SUBJECT: Approval of Bid Waiver and Ratification of Emergency Purchase Orders from Hurricane Frances BACKGROUND: See attached memorandum FUNDS AVAilABLE: Hurricane Frances Program #190026 - Various funds and organizations (emergency reserves to be reimbursed by FEMA) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board: (1) Ratify the County Administrator's Order effective September 3, 2004 at 5:00 p.m.; (2) Approve the waiver of sealed bids as a result of the declared emergency; (3) Ratify the County Administrator's approval of the emergency purchase orders and credit card statements as attached; Authorize the Chairman to sign contracts as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: ANDERSON Approved 5-0 NTY ADMINISTRATOR ()Q APPROVED () DENIED ( ) OTHER County Attorney ( ) í¥' ~. Coord inatio n/S ig natu res Mgt. & Budget ( )'-17?~ Other ( ) Purchasing (X) 4*1/ Originating Dept. ( ) Other ( ) finance: (check for copy, only if applicable)_ BOARD OF COUN""" COMMISSIONERS '~ PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners From: Ed Parker, Purchasing Director Date: September 29,2004 Re: Approval of Bid Waiver and Ratification of Emergency Purchase Orders from Hurricane Frances ************************************************************************************************************* BACKGROUND: Pursuant to Section 252.38, Florida Statutes (2003), political subdivisions of the state have the power during a state of local emergency to provide for the health and safety of persons and property. The Board has previously adopted Resolution No. 00-277 authorizing the St. Lucie County Administrator and the County Public Safety Director to exercise certain emergency powers and authority during a local emergency. The impact of Hurricane Frances has placed St. Lucie County in a state of local emergency, exposing the citizens of the County to danger to life and property. As a result, on September 1 2004, at 4:00 p.m., the St. Lucie County Public Safety Director declared a state of local emergency which state of emergency has been extended to September 29,2004. Effective September 3,2004, at 5:00 p.m., the St. Lucie County Administrator issued an order waiving purchasing procedures for certain emergency purchases. A copy of this order is attached. Pursuant to Section 5.5. of the County's Purchasing Manual, the Board has authorized the waiver of bids in an emergency. Attached to this memorandum is a list of emergency purchase orders and credit card orders related to Hurricane Frances. Further background information and detail on these purchases is available at the Purchasing Department. JOHN D, BRUHN, District No, 1 + DOUG COWARD, District No, 2 . PAULA A, LEWIS, District No, 3 . FRANNIE HUTCHINSON, District No, 4 . CLIFF BARNES, District No, 5 COUNTY ADMINISTRATOR - DOUGLAS M, ANDERSON 2300 VIRGINIA AVENUE. FORT PIERCE, FL 34982-5652 . (772)-462-1700. FAX (772) 462-1294 ~ RECOMMENDA TION/CONCLUSION: ~ Staff recommends that the Board: (1) Ratify the County Administrator's Order effective September 3,2004 at 5:00 p.m.; (2) Approve the waiver of sealed bids as a result of the declared emergency; (3) Ratify the County Administrator's approval of the emergency purchase orders and credit card statements as attached; authorize the Chairman to sign contracts as prepared by the County Attorney. Respectfully submitted, ~~h~ Ed Parker Purchasing Director JOHN D, BRUHN, District No, 1 . DOUG COWARD, District No, 2 . PAULA A. LEWIS, District No, 3 . FRANNIE HUTCHINSON, District No, 4 . CLIFF BARNES, District No, 5 COUNTY ADMINISTRATOR - DOUGLAS M, ANDERSON 2300 VIRGINIA AVENUE. FORT PIERCE, FL 34982-5652 . (772)-462-1700. FAX (772) 462-1294 BOARD OF '-' COUNTY COMMISSIONERS ...., PURCHASING DEPARTMENT ED PARKER, DIRECTOR EMERGENCY PURCHASE ORDERS FOR HURRICANE FRANCES 9/30/04 PAGE 1 P.O. # DEPARTMENT VENDOR DESCRPTION AMOUNT TOTAL AMOUNT P2413288 ADMINISTRATION DE SANTIS COMMERICAL RENTAL SPACE FOR CLERK/COURT 37,766,25 P2413292 ADMINISTRATION COUNTRY STORE SUB SHOP HURRICANE LUNCHES 9/6-9/10 8,739,00 46,505.25 P2413237 AIRPORT ROOF AUTHORITY, INC. TEMP REPAIRS US CUSTOMS BLDG 6,500.00 P2413252 AIRPORT TREASURE COST STAFFING, INC TEMPORARY LABOR 1,200,00 REIMBURSEMENT-SUPPLIES TO P2413285 AIRPORT PAUL A. PHILLIPS, DIRECTOR CUSTOMS ROOF 141.47 P2413329 AIRPORT CHAUNCEY'S GLASS GLASS REPLACEMENT 32,185,00 40,026.47 P2413247 CIS - GARAGE HOWELL OIL COMPANY FUEL 20,000,00 P2413344 CIS - GARAGE BERNER OIL CO, FUEL 12,777,00 32,777.00 SUPPLY/INSTALL DUROLAST ROOF SYSTEM, SUPPLY/INSTALL CENTRAL FLASHINGS & TRIM AS NEEDED, SERVICES - SUPPLY & STALL 2 NEW ROOF P2413312 GENERAL MAl NT, J A TAYLOR ROOFING INC, HATCHES 179,950,00 179,950.00 HUMAN P2413356 RESOURCES LVI ENVIRONMENTAL SERVICES CLEAN UP AT TRADITION FIELD 50,000,00 50,000.00 INFO, P2413246 TECHNOLOGY ANDY'S TRUCK & EQUIP, CENTEF TRUCK RENTAL 450,00 450.00 P2413222 MOSQUITO CLARKE MOSQUITO CONTROL VECTOBAC G 28,800,00 P2413223 MOSQUITO SOUTHEASTERN AERIAL CORP, AERIAL LARVICIDING 7,940.00 P2413224 MOSQUITO CLARKE MOSQUITO CONTROL ULV OIL 2,200,00 VECTOR DISEASE CONTROL P2413225 MOSQUITO INC, ADUL TICIDING SERVICES 119,808,00 P2413226 MOSQUITO ADAPCO INC, DIBRON (30,000 AERIAL ACRES) 75,960,00 P2413238 MOSQUITO NATIVE TECHNOLOGIES CLEAN UP 206,268,80 VECTOLEX, BTI BRIQUETS, P2413239 MOSQUITO CLARKE MOSQUITO CONTROL VECTOLEX WDG -=-IJI HAZEN & SAWYER, PC P2413240 MOSQUITO ENGINEERS CONSULTATION/SURVEY ALTOSID-ALTOSID 150 DAY BRIQUETS AL TOSID-AL TOSID 30 P2413241 MOSQUITO ADAPCO INC. DAY BRIQUET 13,556,00 P2413242 MOSQUITO CLARKE MOSQUITO CONTROL VECTOLEX CG VACILLUS 2,430,00 P2413248 MOSQUITO SAM'S CLUB OUTSIDE SMART SHED 698.63 P4213250 MOSQUITO NATIVE TECHNOLOGIES CLEAN UP/CONSTRUCTION 57,251,69 P2413262 MOSQUITO IMPACT SIGN CO. SIGN AT BEAR POINT 2,490,00 P2413263 MOSQUITO IMPACT SIGN CO, SIGN FOR VITOLO FAMILK PARK 2,490,00 P2413264 MOSQUITO SUMMERLIN SEVEN SEAS INC, EMERGENCY WALL AT GEAR POINT 8,000,00 CHECK WIRING & DEVICES AT EACH COMPOUND-USE PORTAGLE THOMAS E, RICHMOND ELEC" GENERATOR TO POWER P2413320 MOSQUITO DBA RICH STATIONS WITH NO POWER 2,800,00 826,061.12 FENCE REPAIRS-LAWNWOOD P2413287 PARKS & REC, AD RON FENCE CO, FOOTBALL FIELD 19,500,00 LIGHTING REPAIR-LAWNWOOD P2413289 PARKS & REC, DAVCO ELECTRICAL CONTRACT! STADIUM 21,000,00 SCOREBOARD REPAIRS- P2413290 PARKS & REC, GULFSTREAM SPORTS GROUP LAWNWOOD FOOTBALL STADIUM 15,785,00 FENCE REPAIRS, ELKS PARK, BASEBALL FIELDS 1,2,3,4,5,6 AND P2413388 PARKS & REC, ADRON FENCE BATTING CAGE 249,426,00 PARKS & REC, RODDA CONSTRUCTION TRADITION STADIUM REPAIRS 2,031,229,00 FENCE REPAIRS AT LAWANWOOD COMPLEX BASEBALL FIELDS 1,2,3,4, INFIELD PRACTICE SOFTBALL FIELDS 1,2,3 AND P2413393 PARKS & REC, ADRON FENCE CO, BATTING CAGE 344,996,00 2,681,936.00 BALANCE FORWARDED 3,857,705,84 3,857,705,84 BOARD OF ~ COUNTY COMMISSIONERS ...., PURCHASING DEPARTMENT ED PARKER, DIRECTOR EMERGENCY PURCHASE ORDERS FOR HURRICANE FRANCES PAGE 2 P.O.# DEPARTMENT VENDOR DESCRPTION AMOUNT TOTAL AMOUNT BALANCE FORWARDED 3,857,705.84 3,857,705,84 P2413229 PUBLIC SAFETY THE COUNTY STORE SUB SHOP MEALS - 9/1 -9/8-04 16,037.50 MEALS FOR AGENCY AT THE EOC - P2413324 PUBLIC SAFETY THE COUNTY STORE SUB SHOP 9/9 - 9/14/04 7,943.00 EMERGENCY REPAIRS FOR TOWERS, EOC-PSL HIGH-LANDFILL· P2413387 PUBLIC SAFETY MOTOROLA RIMDITCH 304,095.00 328,075,50 MAJOR STREETS-NEW CONSTRUCTION-S, INDIAN RIVER P2413318 PW-ENGINEERING RANGER CONSTRUCTION RECONSTRUCTION 3,995,000,00 POST HURRICAN FRANCES BEACH P2413332 PW-ENGINEERING TAYLOR ENGINEERING EMERGENCY DAMAGEASESENT 32,552,00 P2413334 PW-ENGINEERING JENKINS & CHRLAND, INC. BRIDGE EVULATION 5,000,00 S, INDIAN RIVER DR. P2413335 PW-ENGINEERING DUNKELBERGER ENGINEERING RECONSTRUCTION 25,000,00 P2413336 PW-ENGINEERING DUNKELBERGER ENGINEERING SELVITZ RD, EMERGENCY CULVER 5,000,00 P2413394 PW-ENGINEERING AMERICAN DEBRIS REMOVAL - COUNTYWIDE 300,000.00 ADD'L, S, INDIAN RIVER DR, P2413391 PW-ENGINEERING DUNKELBERGER RECONST, 25,000,00 P2413392 PW-ENGINEERING DUNKELBERGER DEBRIS REMOVAL ON S, I.R. DR, 50,000,00 P2413390 PW-ENGINEERING DUNKELBERGER DEBRIS REMOVAL - COUNTYWIDE 100,000,00 P2413395 PW-ENGINEERING ASH BRITT, INC, DEBRIS REMOVAL 8,000,000,00 P2413389 PW-ENGINEERING DRC, INC, DEBRIS REMOVAL 8,000,000,00 SELVITZ @ C100 EMERGENCY PW-ENGINEERING JOHNSON-DAVIS,INC, CULVERT REPLACEMENT 200,000,00 20,737,552.00 MOVING SERVICES - CLERK OF P2413369 PURCHASING ARNOFF MOVING & STORAGE THE COURT 5,372,50 MOVING SERVICES - CLERK'S P2413370 PURCHASING ARNOFF MOVING & STORAGE RECORDS 6,800,00 12,172.50 P2413253 P2413265 P2413270 P2413271 P2413272 PW-ROAD & BRIDGE UNIVERSAL SIGNS & ASSESSORI SIGNS PW-ROAD & BRIDGE STEWART MINING INDUSTRIES, I SHELL MATERIAL-ROAD REPAIRS PW-ROAD & BRIDGE ADVANTAGE SIGN SUPPLY INC, MATERIAL FOR SIGNS PW-ROAD & BRIDGE 3M COMPANY SIGN MATERIAL PW-ROAD & BRIDGE UNIVERSAL SIGNS & ASSESSORI SIGN MATERIAL 57,450,00 7,000,00 6,767,60 49,706,83 83,710,00 204,634.43 P2413316 ROTO ROOTER INSTRUMENTATION - REPAIR/REPLACE PARTS - SH\O, HUTCH, ISL. SEWER MAINTENANCE & REPAIRS· HOLIDAY PINES 15,000,00 P2413314 UTILITIES SANDERS CO" INC, UTILITIES 750,00 15,750.00 TOTAL EXPENDITURES TO DATE 25,155,890,27 25,155,890.27 Purchasing Cardholr 'r Statement 8/28/2004 To 9/3012004, A~NISTRATION, All Cardholders, FIVE, EMERGENCY c>wIf:> ' A I flPòfL ¡- JPu'rchasing cardhol~ Statement , ' NISTRATION, All Cardholders, FOUR, EMERGENCY ~D 8/28/2004 To 9/30"2004, A 9/10/2004 9/13/2004 EAST COAST LUMBER SUPP 54,7'" O.OC Not Exempt 9/13/2004 9/15/2004 DESIGN WHOLESAL 2,710,8C O,OC Not Exempt 9/13/2004 9/15/200~ EAST COAST LUMBER SUPP 72,7L O,OC Not Exempt 9/14/2004 9/16/200~ DEPENDABLE ROOFING 19,500,OC O,OC Not Exempt 9/15/200~ 9/16/200L SEWELL HARDWARE CO, INC, 1,923,5L O,OC Not Exempt 9/15/200~ 9/16/2004 TROPIC SUPPLY 1,723,05 O,OC Not Exempt 9/15/2004 9/17/2004 DESIGN WHOLESAL 964,89 O,OC Not Exempt 9/15/200~ 9/17/2004 ~-1 CONSTRUCTION CO INC 628.7~ 0,00 Not Exempt 9/ 15/2 OO~ 9/17/2004 ATLANTIC BUILDING MTRLS 2 513,3E O,OC Not Exempt 9/15/200L 9/16/2004 FLORIDA DETROIT DIESEL-AL 284,9E O,OC Not Exempt 9/15/200L 9/16/2004 ROPIC SUPPLY 136,6~ O.OC Not Exempt 9/15/2004 9/16/2004 ROPIC SUPPLY 68.4C O,OC Not Exempt 9/16/2004 9/20/2004 J,A. TAYLOR ROOFING 23,975,OC 0,00 Not Exempt 9/16/2004 9/20/2004 JA TAYLOR ROOFING 20,947,50 0,00 Not Exempt 9/16/200 9/20/2004 DESIGN WHOLESAL 8,022,0( O.OC Not Exempt 9/16/200L 9/20/2004 DESIGN WHOLESAL 1,166, H 0,00 Not Exempt 9/16/200L 9/20/2004 'rNW GRAINGER 479 188,1E O,OC Not Exempt 9/16/2004 9/17/200~ KAUFFS FORT PIERCE 179.7C O,OC Not Exempt 9/16/2004 9/20/200~ 1\-1 CONSTRUCTION CO INC 112.4" O,OC Not Exempt 9/16/2004 9/20/2004 NW GRAINGER 479 61,50 O,OC Not Exempt 9/17/2004 9/21 /200~ REASURE COAST GARAGE DOO 5,500,00 O,OC Not Exempt 9/17/200~ 9/20/200~ SEWELL HARDWARE CO.INC, 1,414,5~ 0,0<: Not Exempt 9/17/2004 9/20/200~ WW GRAINGER 479 381.2C O,OC Not Exempt 9/17/2004 9/20/200~ EAST COAST LUMBER SUPP 153,7C O,OC Not Exempt 9/17/200~ 9/20/200~ EAST COAST LUMBER SUPP 53.8e O,OC Not Exempt 9/17/2004 9/20/200~ WW GRAINGER 479 , 18,50 O,OC Not Exempt 9/17/200~ 9/20/200~ GRAYBAR ELECTRIC 15,16 O,OC: Not Exempt 9/20/2004 9/22/200 SUNRISE PAINT 124,9C O,OC Not Exempt 9/20/2004 9/22/200~ /NEST MARINE #59 63,6C O.OC Not Exempt 9/20/2004 9/21/200~ ST LUCIE BATTERY & TIRE 42,6e O.OC Not Exempt 9/21/200~ 9/23/2004 ~GLER TILE & CARPET IN 1,800,OC O,OC: Not Exempt 9/21 /200~ 9/23/200~ HE HOME DEPOT 283 246,9E O,OC Not Exempt 9/22/200~ 9/24/200~ I\TLANTIC BUILDING MATERIA 1,134,OL O,OC Not Exempt 9/22/2004 9/23/2004 GRAYBAR ELECTRIC ( 15,16 O,OC: Not Exempt 9/23/2004 9/24/200~ CARPET MASTERS USA 1,530,00 0,00 Not Exempt ~1~ , C£/J"((LAL çç(2..Ù i <! (;5 IPurchasing Cardhol""'r Statement 8/28/2004 To 9/3012004, A"-nNISTRATION, All Cardholders~ SIX, EMERGENCY CA~ /Y1DSQU/íO &))-({U)L '-' """'" AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR WAIVING PURCHASING PROCEDURES FOR CERTAIN EMERGENCY PURCHASES (HURRICANE FRANCES) WHEREAS, the St. Lucie County Administrator has made the following determinations: 1. Pursuant to Section 252.38, Florida Statutes, political subdivisions of the state have the power during a state of local emergency to provide for the health and safety of persons and property. 2. The Board of County Commissioners of St. Lucie County has adopted Resolution No. 00-277 authorizing the St. Lucie County Administrator and the St. Lucie County Public Safety Director to exercise certain emergency powers and authority during a local emergency. 3. The impact of Hurricane Frances has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4, On September 1, 2004, at 4:00, p.m., the St. Lucie County Public Safety Director declared a state of local emergency which state of emergency has been extended to September 29, 2004. 5, In order to respond to such emergency, upon this declaration, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution No. 00-277 (copy attached) for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 6. Based on the recommendation of the Purchasing Director and on the advice of the Public Safety Director, the Public Works Director, local law enforcement officials, including the St. Lucie County Sheriff and the St. Lucie County Fire District Fire Chief, as a result of the effects of Hurricane Frances, there exist clear and present threats to life and public health and safety as well as a threat of significant damage to improved public and private property necessitating the award of contracts for goods and services which cannot be delayed by the amount of time required to adhere to the County's standard purchasing procedures. '-' ...., NOW, THEREFORE, I am issuing the following Order: 1. Effective September 3, 2004 at 5:00 p.m., the Purchasing Director is directed to waive the provisions of St. Lucie County Purchasing Manual for those purchases of goods and services necessary to remove an immediate threat to human life, public health and safety, and improved public and private property which cannot be delayed by the amount of time required to obtain competitive bidding. Such purchases shall require the written approval of the County Administrator and subsequent ratification by the Board of County Commissioners. 2. ' This Order shall, as promptly as practicable, be filed in the office of the Clerk of the Circuit Court and delivered to the appropriate news media for publication and radio and television broadcast thereof. 11) lid Signed this ~ day of September, 2004, at Ct. .m.