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HomeMy WebLinkAboutAgenda Packet 06-15-04 "-,_._~,, ~ ..J ~\t~~ ~~J~~~~~!.¥~~~~:~~f~~:'¡::~~\~:t~ã~~,~>~:, .... ' - }' JUNE 15, 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 7:00 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. ·~~ "!~k'':-;; "2i~~~s.}:"J:t.~:;;;7:(\... _~. ~~/~~:: ¡q~o;~:i_<~ '. r',~ :';/¿:~, '-' BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.f1.us ~ . . , . . - --, ~ . _,' ,~~ 1; :. ':"v ~ '- . ~ i ~ ~ . ; , 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 June 15, 2004 6:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE /_ 1. ð.. ¿ /0 ~~Q.; ') ~~~\ 2. MINUTES Approve the minutes of the meeting held on June 8, 2004. PROCLAMATIONS/PRESENTATIONS A. Reading of the announcements by the County Administrator B. Presentation by Christine Epps, Executive Director Shared Services Network Executive Roundtable to the Youth Advisory Council of St. Lucie County. 3. GENERAL PUBLIC COMMENT /~(e~ ~~~ìj'o ,,,e5{' f\~~íb j) ;:J ~~» 1) CONSENT AGENDA dal~~: -~- -----~------ --- PUBLIC HEARINGS+) ¡\/I.&~~ COUNTY ATTORNEY roIfð C han~'S 6tc.lt"" 'I C"~ A-\\o, I\º'-j , µap ~~~~ <Z- Ordinance No. 04-023 - St. Lucie County Water & Sewer District - Consider staff recommendation to adopt Ordinance No. 04-023 and authorize the Chairman to sign the Ordinance. GROWTH MANAGEMENT Resolution No. 04-089 approving the request of Croce Giambanco for a change in zoning from the (Institutional) zoning district to the CG (Commercial General) zoning district for property located at 6623 N. US Highway One - Consider staff recommendation to approve Draft Resolution 04-089. sc. ~ GROWTH MANAGEMENT \\i). ~,~-e Resolution No. 04-090 granting approval for the petition of James Morrow for a Conditional Use Permit 1"\\ to allow the operation of a freestanding bar for the onsite consumption of alcohol within the CG í It( Ì'I (Commercial General) Zoning District - Consider staff recommendation to approve Draft Resolution 04· V)fJ 090. ~ ....,¡ Regular Agenda June 15, 2004 Page Two 5D.~ ~~1P ~\s $) 5E. tA 0~~~ )J GROWITH MANAGEMENT Preliminary Planned Unit Development approval for the project to be known as Johnston Lakes - PUD for property located on northwest corner of the intersection of Johnston Road and Indrio Road - Consider staff recommendation to accept the withdrawal of the application. GROWTH MANAG EMENT Consider the applicant's request to continue the Becker Holding Corporation's Future Land Use amendment. The petition includes 72 acres located at the northwest corner of the Selvitz Road and Ralls Road intersection. The transmittal to the Department of Community Affairs for the amendment proposed change 38 acres located inside the 100-year flood plan from RS (Residential Suburban - 2 du/ac) to R/C (Residential, Conservation - 1 du/5ac) and 35 acres outside the 100-year floodplain from RS (Residential, Suburban 2 du/ac) to RU (Residential, Urban 5 du/ac) - Consider staff recommendation to continue the hearing to consider the adoption of the Becker Holding Corporation Future Land Use amendment until September 6, 2004. 7~ END OF PUBLIC HEARINGS ..........-.---- ----' ---~ ~_____1.---r._'----'-"'_·_---"-- THIS ITEM PULLED PRIOR TO THE MEETING 6. PUBLIC WORKS \!1t~ 7. w\\r¿~ Approval of the revised Indian River Estates MSBU Mail-out Package - Consider staff recommendation to approve the attached Indian River Estates MSBU mail-out package, and authorize the Chairman to sign. 8. ADMINISTRATION ,,\\ '\ + \ I I tV: Ø^ Ð( \ 0 r 0 l' ~\L rYì¿ e tiYlC}-: Relocation of Fire Station #2 - Lettet of Intent - Consider staff recomm~dation to send a Letter of Intent to the St. Lucie County Fire District offering them 1.5 acres on County property to construct a new fire station·bfN''';> wcM4 I;\L~ PUBLIC WORKS t1 (j \ Request to assist the City of Fort Pierce building department in inspections, plan review, and Building / {e?'-0ffìcial duties for a period of 30 days - Consider staff recommendation to approve assisting the Fort ~(J Pierce Building Department using the attached ree schedule. '-" ..,.I CONSENT AGENDA JUNE 1 5. 2004 1. WARRANTS LISTS Approve warrants list No. 39 2. LIBRARY SIRSI Software Maintenance Contract - Consider staff recommendation to approve the contract in the amount of $20,919 (same as 2003) and authorize the County Administrator to sign the purchasing requisition. 3. GRANTS A. Permission to submit a grant application to the U.S. Fish & Wildlife Service National Coastal Wetlands Conservation Program and the acceptance of the grant if it is funded. This grant, not to exceed $1 million, will be for wetland restoration at the proposed Heathcote Botanical Park. If the lands for Heathcote Botanical Park are successfully acquired through an FCT grant, funds from this grant will be utilized to restore approximately 62 acres of wetlands and 24 acres of scrub habitat immediately adjacent to Savannas Recreation Area. The grant requires a 25% match, which will be provided through FCT acquisition funds. - Consider staff recommendation to authorize submittal and accept the U.S. Fish and Wildlife Service National Coastal Wetlands Conservation Program grant application. B. Florida Department of Transportation (FDOT) Intermodal grant funds to assist with the construction costs of intermodal facilities at the new Clerk of Court building. Consider staff recommendation to apply for a Florida Department of Transportation (FDOT) Intermodal grant funds to assist with the construction costs of intermodal facilities at the new Clerk of Court building. 4. GROWTH MANAGEMENT A. Resolution 04-088 approving the request of John Thompson for a Major Site Plan to allow the construction of a 163,375 square foot industrial truss manufacturing facility to be known as Builder's First Source - St. Lucie - Consider staff recommendation to approve Draft Resolution 04-088, subject to the conditions contained therein. B. Resolution 04-087 approving the request of Runway's End LLC, for a Major Site Plan to allow the construction of a 40,000 square foot industrial facility to be known as Runway's End Commerce Center _ Consider staff recommendation approve Draft Resolution 04-087, subject to the cited conditions contained therein. C. Authorize the execution of JP A (Joint Participation Agreement - Department of Transportation Locally Funded Agreement #230262-5-52-01) with the Florida Department of Transportation in the amount of $150,000 for enhancement to the planned SR 70/St. Lucie County Fairgrounds Pedestrian Bridge - Consider staff recommendation to support resolution 04-161 and approve Local Planning Agreement #230262-5-52-01 in the amount of $150,000 for aesthetic improvements to the pedestrian bridge. D. Resolution 04-175 - Qualified Target Industry Tax Refund Program (QTI) - Consider staff recommendation to approve the QTI, Resolution 04-175, and authorize the Chairman to sign the resolution. E. Raptor II Plat - Final Plat Review - Consider staff recommendation to approve the final plat for the subdivision to be known as Raptor II Subdivision, and authorize staff to proceed with its final processing. '-' ....,J Consent Agenda June 15, 2004 Page Two F. Replat of "Parcel 21 @ The Reserve (Briarcliff)" - Consider staff recommendation to approve the Replat of ¡'Parcel 21 @ The Reserve (Briarcliff)" and authorize staff to complete the final processing of this plat. G. Replat of "Parcel 23 @ The Reserve (Maidstone)" - Consider staff recommendation to approve the Replat of "Parcel 23 (Maidstone)" and authorize staff to complete the final processing of this plat. 5. COUNTY ATTORNEY A. Vitolo Family Park - Corrective Quit Claim Deeds - Consider staff recommendation to approve the quit claim deed to Lynnore Moss and Herbert S. Garten and accept the quit claim deed from Ms. Moss and Mr. Garten correcting the legal description in the original deed. B. South 25th Street Roadway Widening - Midway Road to Edwards Road - Temporary Easement- Consider staff recommendation to approve the Purchase Agreement with John and Patricia Ferrick in the amount of One Hundred and no/1 00 Dollars ($100.00) as shown on the sketch and legal description, authorize the Chairman to execute the Temporary Construction Easement Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. C. South 25th Street Roadway Widening - Midway Road to Edwards Road - Consider staff recommendation to approve the Contract for Sale and Purchase with Tommy and Rosalie Hawkins in the amount of Thirty Four Thousand and 00/1 00 Dollars ($34,000.00) as shown on the attached map, authorize the Chairman to execute the Contract and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. D. South 25th Street Roadway Widening - Midway Road to Edwards Road - Consider staff recommendation to approve the Contract for Sale and Purchase with Nehme Holdings, LLC in the amount of Twenty Five Thousand and 00/100 Dollars ($25,000.00) as shown on the map, authorize the Chairman to execute the Contract and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. E. Midway Road/Glades Cut-Off Intersection Improvements - Rinker Materials Corporation - Consider staff recommendation to approve the Easement Acquisition Agreement with Rinker Materials Corporation with an actual cost not to exceed Fifteen Thousand and Seven Hundred and 00/100 Dollars ($15,700.00), authorize the Chairman to execute the Easement Acquisition Agreement, authorize the Chairman to sign Resolution No. 04-1 79 accepting the Permanent Easement and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 6. CULTURAL AFFAIRS Resolution No. 04-162 recognizing funds in the amount of $3,820 from the Institute of Museum and Library Services (lMLS) Museum Assessment Program Grant - Consider staff recommendation to approve Resolution No. 04-162 in the amount of $3,820.00 as funding from the Institute of Museum and Library Services Museum Assessment Program. 7. CENTRAL SERVICES A. Permission to go out for RFP to provide preventative maintenance services and vehicle washing for the light fleet - Consider staff recommendation to grant permission to go out for RFP to provide preventative maintenance services and vehicle washing for the light fleet. '-- ...., Consent Agenda June 15, 2004 Page Three B. Florida Boating Improvement Program (FBIP) - Request from the City of Port St. Lucie to utilize FBIP funds to conduct a "BOATING ACCESS STUDY" - Consider staff recommendation to approve the request from the City of Port St. Lucie for funding assistance, in the amount of $22,000.00, from the Florida Boating Improvement Program to accomplish a "Boating Access Study", and authorize to execute above-mentioned FBIP funds to Central Services. 8. STRATEGIC AND SPECIAL PR01ECTS Consider authorizing the preparation of an Environmental Lands Impact Fee to provide funds for the acquisition of parcels identified by the County for environmental and resource protection purposes - Staff recommends that the Board declare this to be a sole source contract and waive the standard bid process. 9. ADMINISTRATION A. Library Advisory Board - Consider staff recommendation to ratify Commissioner Barnes appointment of Ms. Elizabeth Heard Mallonee to the Library Advisory Board. B. Permission to advertise for applicants for Children's Services Council of St. Lucie County - Consider staff recommendation to grant permission to advertise for applicants for the Children's Services Council of St. Lucie Count)' to be submitted to the Office of the Governor, for consideration of appointed position that will become vacant November 13, 2004. 10. UTILITIES Change Order with Astaldi Construction Corp. for construction services related to the Taylor Dairy Road water line extension in the amount of $75,122.00 - Consider staff recommendation to approve the Change Order with Astaldi Construction Corp. for construction services in an amount of $ 75,122.00. \w. ...., ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS -------- ----.----"-- ANNOUNCEMENTS JUNE 15, 2004 A. Meeting Changes: . The July 6, 2004 Board of County Commissioners meeting has been canceled. B. June 20th-26th more than 4,000 firefighters and law enforcement officers are expected to arrive on the Treasure Coast to compete in the Florida Police & Fire Games. This is the second consecutive year this area has hosted the event. The games will be held at varìous Itxaht?t) in Indian River, St. Lucie and Martin Counties. St. Lucie County venues include the Tradition Field, the St. Lucie County Fairgrounds, Fort Pierce Central High School, Indian River Community College and more. C. The Board of County Commissioners will hold a Mining Educational Presentation on our local regulations and procedures and to receive technical information on the status of materials regarding mining operations in the county. This Presentation will take place on June 29, 2004 from 6:00 pm to 8:00 pm in the County Commission Chambers and we: ,ask that ynl -ßlease stlbmit any q\; estioR~ BY ]l:m@ 11 th 56 tl.at lllt:y can be addressed at theJ?reseRtation: 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. ...... ..".¡ .~~ç~It·~·.~~1t~t-'" ,:.:~~·~~7;\'if!~;' ~/"'--:!~~~Á?Y.'fI Î < j -~l~:.r-i~~:;~" 'I"*~:'>'.:;.:,;:'\~:.:-;r+.:r-'^.i;- ,~~. ,- . 11 ~~~D~ BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA JUNE 15,2004 J~nV}~1Ð (JUNE 15/ 2004) REGULAR AGENDA ~0 VìJ!l re f- (-o Çfp 0",)- IJ r . ¡'èls 0/7 ,+7 -G / , Vr,'¡Y/,'¡'\rA/( Júshc~ ...9y-sfe Vt1 A55esS(Y)~Fl f RA 1. COUNTY ATTORNEY .;. ,~~ J-, Resolution No. 04- 1 80 - I ncreasing the Arnou nt of Financing for North Cou nty Utilities - ~~, Consider staff recommend~tio~ to approve Resolution No. 04-180 as drafted. RA2. ADMINISTRATION ~~ M.o( -( +N.tv) IDO/ooo .ùð ~-\-QúìA-(\4 C(I\A-hÌi~Í1(1 0u . ~M Co ·~~ù.6 bdvre....'SMRl\Cvì1Ì l~~é¿~ S~; a.~kwctS <1::Slble', 6)/j} ¡tI-<jC e/':,'Slted. ~ k6 /nòV&.j-1J( ~ +u ~cil'" -fer'1 C h, Q P-..J"'c(J Q. <! '''''1~ M;Q\'J' çtf~,:!,rj (]; ~~l&\r¡NÓi)t\Vvt'? oyder to( ("ej~{~~ f'" ~:'f&3. ADMINISTRATION . -ð" . ~.\'S i-, VIf Sheriff's Additional Budget Request - Board to discuss Sheriff's request. ~ I^ +¡'l\l£ rJ . .(\r,niJÍt I Ù 17(' :e 1\ ~l\Y /).d - ßòCc..A~V--c... Gr (Y\örû ~lrt+o(~ìúY1' 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. ~ -...I f '.,""~. "",",W''''''¡~'~~~T"~T~ ( .~.~.... "., ~if~,f'~-··'¡'-""'- '~\".~I"'· ~"'ig; ):"""""-":!i.'t':~1-~-" - ,'" "~ ," < i~'lti·:,',~~tjf~~1<~~~~1,; ."~ ":' ~-,' '~:;'._, JUNE 15, 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 7:00 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. ~ BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.f1.us "'iY'ff;4~~~(:~1"t~~;'t'~"l~%" ;'"~~~:~;\f~~~'l;j~J':!!',~' ~T~}.i...,:J;~'t1 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 June 15, 2004 6:00 P.M. INVOCA TION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held on June 8, 2004. 2. PROCLAMA TIONS/PRESENT A TIONS A. Reading of the announcements by the County Administrator B. Presentation by Christine Epps, Executive Director Shared Services Network Executive Roundtable to the Youth Advisory Council of St. Lucie County. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA ...........,.....~._.,._~.~.,__..,~..._____ð,__......,~_"~'C-_~-_ts__..·_---~--- ,~:_._,......w._.,1>J"'-.:.~M.;J._··,___~·!._···Mi_(..:..'y!..__·...,.'~.....,..---~.__..._'--=-~- PUBLIC HEARINGS COUNTY ATTORNEY /rdinance No. 04-023 - St. Lucie County Water & Sewer District - Consider staff recommendation to adopt Ordinance No. 04-023 and authorize the Chairman to sign the Ordinance. 5. GROWTH MANAGEMENT Resolution No. 04-089 approving the request of Croce Giambanco for a change in zoning from the (Institutional) zoning district to the CG (Commercial General) zoning district for property located at 6623 N. US Highway One - Consider staff recommendation to approve Draft Resolution 04-089. \Ý GROWTH MANAGEMENT Resolution No. 04-090 granting approval for the petition of James Morrow for a Conditional Use Permit to allow the operation of a freestanding bar for the onsite consumption of alcohol within the CG (Commercial General) Zoning District - Consider staff recommendation to approve Draft Resolution 04- 090. '-' '-II Regular Agenda June 15, 2 4 Page Tw GROWITH MANAGEMENT Priminary Planned Unit Development approval for the project to be known as Johnston Lakes - PUD for p operty located on northwest corner of the intersection of Johnston Road and Indrio Road - Consider aff recommendation to accept the withdrawal of the application. GROWTH MANAGEMENT Consider the applicant's request to continue the Becker Holding Corporation's Future Land Use amendment. The petition includes 72 acres located at the northwest corner of the Selvitz Road and Ralls Road intersection. The transmittal to the Department of Community Affairs for the amendment proposed change 38 acres located inside the 100-year flood plan from RS (Residential Suburban - 2 du/ac) to R/C (Residential, Conservation - 1 du/5ac) and 35 acres outside the 100-year floodplain from RS (Residential, Suburban 2 du/ac) to RU (Residential, Urban 5 du/ac) - Consider staff recommendation to continue the hearing to consider the adoption of the Becker Holding Corporation Future Land Use amendment until September 6, 2004. END OF PUBLIC HEARINGS _'n .,..__,..;.__.~.,', _-,-_".L··L~< :'.,::-_-'-' -.,..,.,.-..<,.,.......-- ,',~-...~"""."'~- -_.._--'~.:""'"~-,="",.,...--"_.,,~- ".,'....OJ.',._ -"",,-,,,~,,- _.,.,...,.~. "o.._-o--------..~-~......,.,-~~·.-.""'"'~,.'''"- -.J"'''''''''''''"''_ o ,Z{} r J II 8. Approval of the revised Indian River Estates MSBU Mail-out Package - Consider staff recommendation to approve the attached Indian River Estates MSBU mail-out package, and authorize the Chairman to sign. ADMINISTRATION Relocation of Fire Station #2 - Letter of Intent - Consider staff recommendation to send a Letter of Intent to the St. Lucie County Fire District offering them 1.5 acres on County property to construct a new fire station. PUBLIC WORKS Request to assist the City of Fort Pierce building department in inspections, plan review, and Building Official duties for a period of 30 days - Consider staff recommendation to approve assisting the Fort Pierce Building Department using the attached fee schedule. '-" "" CONSENT AGENDA lUNE 15. 2004 1. WARRANTS LISTS Approve warrants list No. 39 2. LIBRARY SIRSI Software Maintenance Contract - Consider staff recommendation to approve the contract in the amount of $20/919 (same as 2003) and authorize the County Administrator to sign the purchasing requisition. 3. GRANTS A. Permission to submit a grant application to the U.S. Fish & Wildlife Service National Coastal Wetlands Conservation Program and the acceptance of the grant if it is funded. This grant, not to exceed $1 million, will be for wetland restoration at the proposed Heathcote Botanical Park. If the lands for Heathcote Botanical Park are successfully acquired through an FCT grant, funds from this grant will be utilized to restore approximately 62 acres of wetlands and 24 acres of scrub habitat immediately adjacent to Savannas Recreation Area. The grant requires a 25% match, which will be provided through FCT acquisition funds. - Consider staff recommendation to authorize submittal and accept the U.S. Fish and Wildlife Service National Coastal Wetlands Conservation Program grant application. B. Florida Department of Transportation (FDOT) Intermodal grant funds to assist with the construction costs of intermodal facilities at the new Clerk of Court building. Consider staff recommendation to apply for a Florida Department of Transportation (FDOT) Intermodal grant funds to assist with the construction costs of intermodal facilities at the new Clerk of Court building. 4. GROWTH MANAGEMENT A. Resolution 04-088 approving the request of John Thompson for a Major Site Plan to allow the construction of a 163,375 square foot industrial truss manufacturing facility to be known as Builder's First Source - St. Lucie - Consider staff recommendation to approve Draft Resolution 04-088, subject to the conditions contained therein. B. Resolution 04-087 approving the request of Runway's End LLC, for a Major Site Plan to allow the construction of a 40,000 square foot industrial facility to be known as Runway's End Commerce Center - Consider staff recommendation approve Draft Resolution 04-087, subject to the cited conditions contained therein. C. Authorize the execution of JPA (Joint Participation Agreement - Department of Transportation Locally Funded Agreement #230262-5-52-01) with the Florida Department of Transportation in the amount of $150,000 for enhancement to the planned SR 70/St. Lucie County Fairgrounds Pedestrian Bridge - Consider staff recommendation to support resolution 04-161 and approve Local Planning Agreement #230262-5-52-01 in the amount of $150,000 for aesthetic improvements to the pedestrian bridge. D. Resolution 04-175 - Qualified Target Industry Tax Refund Program (QTI) - Consider staff recommendation to approve the QTI, Resolution 04-175, and authorize the Chairman to sign the resolution. E. Raptor II Plat - Final Plat Review - Consider staff recommendation to approve the final plat for the subdivision to be known as Raptor II Subdivision, and authorize staff to proceed with its final processing. '-" -...I Consent Agenda June 1 5, 2004 Page Two F. Replat of "Parcel 21 @ The Reserve (Briarcliff)" - Consider staff recommendation to approve the Replat of "Parcel 21 @ The Reserve (Briarcliff)" and authorize staff to complete the final processing of this plat. G. Replat of "Parcel 23 @ The Reserve (Maidstone)" - Consider staff recommendation to approve the Replat of "Parcel 23 (Maidstone)" and authorize staff to complete the final processing of this plat. 5. COUNTY ATTORNEY A. Vitolo Family Park - Corrective Quit Claim Deeds - Consider staff recommendation to approve the quit claim deed to Lynnore Moss and Herbert S. Garten and accept the quit claim deed from Ms. Moss and Mr. Garten correcting the legal description in the original deed. B. South 25th Street Roadway Widening - Midway Road to Edwards Road - Temporary Easement- Consider staff recommendation to approve the Purchase Agreement with John and Patricia Ferrick in the amount of One Hundred and no/1 00 Dollars ($100.00) as shown on the sketch and legal description, authorize the Chairman to execute the Temporary Construction Easement Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. C. South 25th Street Roadway Widening - Midway Road to Edwards Road - Consider staff recommendation to approve the Contract for Sale and Purchase with Tommy and Rosalie Hawkins in the amount of Thirty Four Thousand and 00/100 Dollars ($ 34,000.00) as shown on the attached map, authorize the Chairman to execute the Contract and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. D. South 25th Street Roadway Widening - Midway Road to Edwards Road - Consider staff recommendation to approve the Contract for Sale and Purchase with Nehme Holdings, LLC in the amount of Twenty Five Thousand and 00/1 00 Dollars ($25,000.00) as shown on the map, authorize the Chairman to execute the Contract and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. E. Midway Road/Glades Cut-Off Intersection Improvements - Rinker Materials Corporation - Consider staff recommendation to approve the Easement Acquisition Agreement with Rinker Materials Corporation with an actual cost not to exceed Fifteen Thousand and Seven Hundred and 00/100 Dollars ($15,700.00), authorize the Chairman to execute the Easement Acquisition Agreement, authorize the Chairman to sign Resolution No. 04-179 accepting the Permanent Easement and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 6. CULTURAL AFFAIRS Resolution No. 04-162 recognizing funds in the amount of $3,820 from the Institute of Museum and Library Services (IMLS) Museum Assessment Program Grant - Consider staff recommendation to approve Resolution No. 04-162 in the amount of $3,820.00 as funding from the Institute of Museum and Library Services Museum Assessment Program. 7. CENTRAL SERVICES A. Permission to go out for RFP to provide preventative maintenance services and vehicle washing for the light fleet _ Consider staff recommendation to grant permission to go out for RFP to provide preventative maintenance services and vehicle washing for the light fleet. '-" "'" Consent Agenda June 1 5, 2004 Page Three B. Florida Boating Improvement Program (FBIP) - Request from the City of Port St. Lucie to utilize FBIP funds to conduct a "BOATING ACCESS STUDY" - Consider staff recommendation to approve the request from the City of Port St. Lucie for funding assistance, in the amount of $22,OOO.00J from the Florida Boating Improvement Program to accomplish a "Boating Access Study", and authorize to execute above-mentioned FBIP funds to Central Services. 8. STRATEGIC AND SPECIAL PROJECTS Consider authorizing the preparation of an Environmental Lands Impact Fee to provide funds for the acquisition of parcels identified by the County for environmental and resource protection purposes - Staff recommends that the Board declare this to be a sole source contract and waive the standard bid process. 9. ADMINISTRATION A. Library Advisory Board - Consider staff recommendation to ratify Commissioner Barnes appointment of Ms. Elizabeth Heard Mallonee to the Library Advisory Board. B. Permission to advertise for applicants for Children's Services Council of St. Lucie County - Consider staff recommendation to grant permission to advertise for applicants for the Children's Services Council of St. Lucie County to be submitted to the Office of the Governor, for consideration of appointed position that will become vacant November 13, 2004. 10. UTILITIES Change Order with Astaldi Construction Corp. for construction services related to the Taylor Dairy Road water line extension in the amount of $75,122.00 - Consider staff recommendation to approve the Change Order with Astaldi Construction Corp. for construction services in an amount of $ 75,122.00. '-' "'" ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ,,_;r__",_"__"-W:W:¡;_"-~-'---""'--~-~~-~~-":'_-- ANNOUNCEMENTS JUNE 15, 2004 A. Meeting Changes: . The July 6, 2004 Board of County Commissioners meeting has been canceled. B. June 20th-26th more than 4,000 firefighters and law enforcement officers are expected to arrive on the Treasure Coast to compete in the Florida Police & Fire Games. This is the second consecutive year this area has hosted the event. The games will be held at various in Indian River, St. Lucie and Martin Counties. St. Lucie County venues include the Tradition Field, the St. Lucie County Fairgrounds, Fort Pierce Central High School, Indian River Community College and more. C. The Board of County Commissioners will hold a Mining Educational Presentation on our local regulations and procedures and to receive technical information on the status of materials regarding mining operations in the county. This Presentation will take place on June 29, 2004 from 6:00 pm to 8:00 pm in the County Commission Chambers and we ask that you please submit any questions by June 11 th so that they can be addressed at the Presentation. 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 .~;;;.~ ?~.~: ~?t~~:t;· ~~ s~~:~~~~~':~f;' !\<~ ~'~ .~/ . '. i.;,: t. ~:~4~~~;~~w~1t~"~;~:;1,tÄ~!~~~~~,: ~~~~.,~.~: ~'':'.:~:~' ::,' JUNE 15, 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 7:00 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. '. BOARD OF ~UNTY COMMISSIONERS www.co.st-lucie.fI.us ~.~<~'..~~->,<~ ¥t_<, ....~: .~.:"':j ... ~~, ,. ~ "'~1~- .~~-~ t·~. "~.::','._~.: :,.'\<'- '~".' ,"_ _, >' 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 June 15/ 2004 6:00 P.M. INVOCA TION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held on June 8/ 2004. 2. PROCLAMATIONS/PRESENTATIONS A. Reading of the announcements by the County Administrator B. Presentation by Christine Epps, Executive Director Shared Services Network Executive Roundtable to the Youth Advisory Council of St. Lucie County. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA ----.----- ---- -_....~ ------ -- -- PUBLIC HEARINGS SA. COUNTY ATTORNEY Ordinance No. 04-023 - St. Lucie County Water & Sewer District - Consider staff recommendation to adopt Ordinance No. 04-023 and authorize the Chairman to sign the Ordinance. 5B. GROWTH MANAGEMENT Resolution No. 04-089 approving the request of Croce Giambanco for a change in zoning from the (Institutional) zoning district to the CG (Commercial General) zoning district for property located at 6623 N. US Highway One - Consider staff recommendatIon to approve Draft Resolution 04-089. Sc. GROWTH MANAGEMENT Resolution No. 04-090 granting approval for the petition of James Morrow for a Conditional Use Permit to allow the operation of a freestanding bar for the onsite consumption of alcohol within the CG (Commercial General) Zoning District - Consider staff recommendation to approve Draft Resolution 04- 090. '-' -....I Regular Agenda June 15, 2004 Page Two 5D. GROWITH MANAGEMENT Preliminary Planned Unit Development approval for the project to be known as Johnston Lakes - PUD for property located on northwest corner of the intersection of Johnston Road and Indrio Road - Consider staff recommendation to accept the withdrawal of the application. 5E. GROWTH MANAGEMENT Consider the applicant's request to continue the Becker Holding Corporation's Future Land Use amendment. The petition includes 72 acres located at the northwest corner of the Selvitz Road and Ralls Road intersection. The transmittal to the Department of Community Affairs for the amendment proposed change 38 acres located inside the 100-year flood plan from RS (Residential Suburban - 2 du/ac) to R/C (Residential, Conservation - 1 du/5ac) and 35 acres outside the 100-year floodplain from RS (Residential, Suburban 2 du/ac) to RU (Residential, Urban 5 du/ac) - Consider staff recommendation to continue the hearing to consider the adoption of the Becker Holding Corporation Future land Use amendment until September 6, 2004. END OF PUBLIC HEARINGS -----_-.--_~-_....._----_._-,-~--- ---_.._--~---~-------_.---_-..-- THIS ITEM PULLED PRIOR TO THE MEETING 6. PUBLIC WORKS Approval of the revised Indian River Estates MSBU Mail-out Package - Consider staff recommendation to approve the attached Indian River Estates MSBU mail-out package, and authorize the Chairman to sign. 7. ADMINISTRATION Relocation of Fire Station #2 - Letter of Intent - Consider staff recommendation to send a Letter of Intent to the St. Lucie County Fire District offering them 1.5 acres on County property to construct a new fire station. 8. PUBLIC WORKS Request to assist the City of Fort Pierce building department in inspections, plan review, and Building Official duties for a period of 30 days - Consider staff recommendation to approve assisting the Fort Pierce Building Department using the attached fee schedule. '" ....,¡ CONSENT AGENDA lUNE 15. 2004 1. WARRANTS LISTS Approve warrants list No. 39 2. LIBRARY SIRSI Software Maintenance Contract - Consider staff recommendation to approve the contract in the amount of $20,919 (same as 2003) and authorize the County Administrator to sign the purchasing requisition. 3. GRANTS A. Permission to submit a grant application to the U.S. Fish & Wildlife Service National Coastal Wetlands Conservation Program and the acceptance of the grant if it is funded. This grant, not to exceed $1 million, will be for wetland restoration at the proposed Heathcote Botanical Park. If the lands for Heathcote Botanical Park are successfully acquired through an FCT grant, funds from this grant will be utilized to restore approximately 62 acres of wetlands and 24 acres of scrub habitat immediately adjacent to Savannas Recreation Area. The grant requires a 25% match, which will be provided through FCT acquisition funds. - Consider staff recommendation to authorize submittal and accept the U.S. Fish and Wildlife Service National Coastal Wetlands Conservation Program grant application. B. Florida Department of Transportation (FDOT) Intermodal grant funds to assist with the construction costs of intermodal facilities at the new Clerk of Court building. Consider staff recommendation to apply for a Florida Department of Transportation (FDOT) Intermoda grant funds to assist with the construction costs of intermodal facilities at the new Clerk of Court building. 4. GROWTH MANAGEMENT A. Resolution 04-088 approving the request of John Thompson for a Major Site Plan to allow the construction of a 163,375 square foot industrial truss manufacturing facility to be known as Builder's First Source - St. Lucie - Consider staff recommendation to approve Draft Resolution 04-088, subject to the conditions contained therein. B. Resolution 04-087 approving the request of Runway's End LLC, for a Major Site Plan to allow the construction of a 40,000 square foot industrial facility to be known as Runway's End Commerce Center - Consider staff recommendation approve Draft Resolution 04-087, subject to the cited conditions contained therein. C. Authorize the execution of JP A (Joint Participation Agreement - Department of Transportation Locally Funded Agreement #230262-5-52-01) with the Florida Department of Transportation in the amount of $150,000 for enhancement to the planned SR 701St. Lucie County Fairgrounds Pedestrian Bridge - Consider staff recommendation to support resolution 04-161 and approve Local Planning Agreement #230262-5-52-01 in the amount of $150,000 for aesthetic improvements to the pedestrian bridge. D. Resolution 04·175 - Qualified Target Industry Tax Refund Program (QTI) - Consider staff recommendation to approve the QTI, Resolution 04-175, and authorize the Chairman to sign the resolution. E. Raptor II Plat - Final Plat Review - Consider staff recommendation to approve the final plat for the subdivision to be known as Raptor II Subdivision, and authorize staff to proceed with Its final processing. ~ "" Consent Agenda June 1 5, 2004 Page Two F. Replat of "Parcel 21 @ The Reserve (Briarcliff)" - Consider staff recommendation to approve the Replat of "Parcel 21 @ The Reserve (Briarcliff)" and authorize staff to complete the final processing of this plat. . G. Replat of "Parcel 23 @ The Reserve (Maidstone)" - Consider staff recommendation to approve the Replat of "Parcel 23 (Maidstone)" and authorize staff to complete the final processing of this plat. 5. COUNTY ATTORNEY A. Vitolo Family Park - Corrective Quit Claim Deeds - Consider staff recommendation to approve the quit claim deed to Lynnore Moss and Herbert S. Garten and accept the quit claim deed from Ms. Moss and Mr. Garten correcting the legal description in the original deed. B. South 25th Street Roadway Widening - Midway Road to Edwards Road - Temporary Easement- Consider staff recommendation to approve the Purchase Agreement with John and Patricia Ferrick in the amount of One Hundred and no/100 Dollars ($100.00) as shown on the sketch and legal description, authorize the Chairman to execute the Temporary Construction Easement Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. C. South 25th Street Roadway Widening - Midway Road to Edwards Road - Consider staff recommendation to approve the Contract for Sale and Purchase with Tommy and Rosalie Hawkins in the amount of Thirty Four Thousand and 00/100 Dollars ($34,000.00) as shown on the attached map, authorize the Chairman to execute the Contract and direct staff to dose the transaction and record the documents in the Public Records of St. Lucie County, Florida. D. South 25th Street Roadway Widening - Midway Road to Edwards Road - Consider staff recommendation to approve the Contract for Sale and Purchase with Nehme Holdings, LLC in the amount of Twenty Five Thousand and 00/1 00 Dollars ($25,000.00) as shown on the map, authorize the Chairman to execute the Contract and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. E. Midway Road/Glades Cut-Off Intersection Improvements - Rinker Materials Corporation - Consider staff recommendation to approve the Easement Acquisition Agreement with Rinker Materials Corporation with an actual cost not to exceed Fifteen Thousand and Seven Hundred and 00/100 Dollars ($ 1 5,700.00), authorize the Chairman to execute the Easement Acquisition Agreement, authorize the Chairman to sign Resolution No. 04-1 79 accepting the Permanent Easement and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 6. CULTURAL AFFAIRS Resolution No. 04-162 recognizing funds in the amount of $3,820 from the Institute of Museum and Library Services (lMLS) Museum Assessment Program Grant - Consider staff recommendation to approve Resolution No. 04-162 in the amount of $3,820.00 as funding from the Institute of Museum and Library Services Museum Assessment Program. 7. CENTRAL SERVICES A. Permission to go out for RFP to provide preventative maintenance services and vehicle washing for the light fleet - Consider staff recommendation to grant permission to go out for RFP to provide preventative maintenance services and vehicle washing for the light fleet. ~ .....I Consent Agenda June 15, 2004 Page Three B. Florida Boating Improvement Program (FBIP) - Request from the City of Port St. Lucie to utilize FBIP funds to conduct a "BOATING ACCESS STUDY" - Consider staff recommendation to approve the request from the City of Port St. Lucie for funding assistance, in the amount of $22,000.00, from the Florida Boating Improvement Program to accomplish a "Boating Access Study", and authorize to execute above-mentioned FBIP funds to Central Services. 8. STRATEGIC AND SPECIAL PR01ECTS Consider authorizing the preparation of an Environmental Lands Impact Fee to provide funds for the acquisition of parcels identified by the County for environmental and resource protection purposes - Staff recommends that the Board declare this to be a sole source contract and waive the standard bid process. 9. ADMINISTRATION A. Library Advisory Board - Consider staff recommendation to ratify Commissioner Barnes appointment of Ms. Elizabeth Heard Mallonee to the Library Advisory Board. B. Permission to advertise for applicants for Children's Services Council of St. Lucie County - Consider staff recommendation to grant permission to advertise for applicants for the Children's Services Council of St. Lucie County to be submitted to the Office of the Governor, for consideration of appointed position that will become vacant November 13, 2004. 10. UTILITIES Change Order with Astaldi Construction Corp. for construction services related to the Taylor Dairy Road water line extension in the amount of $75,122.00 - Consider staff recommendation to approve the Change Order with Astaldi Construction Corp. for construction services in an amount of $ 75,122.00. . ~ ....¡ ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ----~--------- -_._- ANNOUNCEMENTS JUNE 15, 2004 A. Meeting Changes: . The July 6¡ 2004 Board of County Commissioners meeting has been canceled. B. June 20th-26th more than 4,000 firefighters and law enforcement officers are expected to arrive on the Treasure Coast to compete in the Florida Police & Fire Games. This is the second consecutive year this area has hosted the event. The games will be held at various in Indian River¡ St. Lucie and Martin Counties. St. Lucie County venues include the Tradition Field, the St. Lucie County Fairgrounds¡ Fort Pierce Central High School, Indian River Community College and more. C. The Board of County Commissioners will hold a Mining Educational Presentation on our local regulations and procedures and to receive technical information on the status of materials regarding mining operations in the county. This Presentation will take place on June 29¡ 2004 from 6:00 pm to 8:00 pm in the County Commission Chambers and we ask that you please submit any questions by June 11 th so that they can be addressed at the Presentation. 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. '-" "wi " BOARD OF OCUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 8, 2004 Tape: 1-2 Convened: 9:00 a.m. Adjourned: 12:15 p.m. Commissioners Present: Chairperson, Paula A. Lewis, John D. Bruhn, Frannie Hutchinson, Doug Coward, Cliff Barnes Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Pete Keogh, Parks & Rec. Director, Mike Bowers, Utilities Director, Beth Ryder, Community Services Director, Paul Phillips, Airport Director, Marie Gouin, OMB Director, Randy Stevens, Growth Management Director, Leo Cordeiro, Solid Waste Manager, Millie Delgado-Feliciano, Deputy Clerk I. MINUTES (1-024) It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve the minutes of the meeting held June I, 2004; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS PRESENTATIONS A. The County Administrator read upcoming events. B. An update on the North Fork Greenway Development was given by Steve Fousak. 3. GENERAL PUBLIC COMMENTS Mr. Bob Bangert, Holiday Pines resident, commended the Board for their conservation efforts. He also commented on an article regarding the growth in Port 8t. Lucie and a consultants report which does not contain costs of what is needed when such growth occurs, i.e. schools, law enforcement. Mr. Charles Grande, Hutchinson Island resident, addressed the Board regarding an article which indicated the School Board will be asking the Board to increase their impact fees. 4. CONSENT AGENDA (1-1159) It was moved by Com. Coward, seconded by Com. Bruhn, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. I. WARRANT LIST The Board approved Warrant List No. 38. 2. PARKS AND RECREATION A. Fourth of July 2004 Fireworks- Resolution No. 04-160- The Board approved Resolution No. 04-160 allocating a $2,100 sponsorship for the Fourth of July 2004 Fireworks display in downtown Ft. Pierce. B. Increase in change fund/Lincoln Park Community Center- The Board approved the increase in the change fund from $15.00 to $50.00. C. Transfer of propane generator from Tradition Field to the Fairgrounds, Equipment Request EQ04-26 and Budget Amendment BA04-152- The Board approved Budget Amendment No. BA04-152 and also 1 '-' -...I transfer the generator to the County Fairgrounds and purchase the 500 gallon propane tank. 3. COUNTY ATTORNEY A. Lease Agreement- Lincoln Park Recreation Center, Inc.- The Board authorized the Chairman to sign the Lease Agreement and pay back storm water assessments. B. Ordinance No. 04-006- Creating Section 7.10.25 Land Development Code to Regulate the Placement of Fireworks Retail Stores - The Board approved directing staff to proceed no further with Ordinance No. 04-006. C. 1606 G, Terrace- Surplus Real Property- Sale to Sole Bidder- The Board approved awarding sale ofthe property to the sole bidder at the amount bid and requested approval for the Chairman to sign the Quit Claim Deed. D. Resolution No. 04-165- Issuance by the St. Lucie County Housing Finance Authority of Not to Exceed $11,200,000 Multifamily Housing Mortgage Revenue Bonds for Riverview Club Partners, Ltd., and Riverview Club Partners II, Ltd., - The Board adopted proposed Resolution No. 04-165 as drafted. E. South 25th St. Roadway Widening- Temporary Construction E,asement- William R. Shanaver- The Board accepted the Temporary Construction Easement and authorized the Chairman to sign Resolution No. 04-153 and directed staff to record the document in the Public Records of St. Lucie County, Florida. F. Right of Way Donation for SR-70 - (Okeechobee Road) Realign Midway Road up to Fairground entrance with right and left turning lane, pedestrian cross over bridge- The Board approved the Resolution and county deed provided by the Department of Transportation, authorized the Chairman to execute the Resolution and county deed and instructed staff to return the Resolution and the county deed to the Department of Transportation for recording. G. Revised Revocable License Agreement - SLC School Board- 25 ft. of Lawnwood Addition- The Board approved the revised Revocable License Agreement with the School District, authorized the Chairman to execute the agreement and staff to record the document in the Public Records of St. Lucie County, Florida. 4. VETERANS Donation of two 15 passenger vans from County fleet to United Veterans ofSLC- The Hoard approved the donation orthe two vans to the United Veterans orSLC a lIon-prolil veterans organization. 5. PUBLIC WORKS A. Harmony Heights MSBU Interlocal Agreements with Property Appraiser and Tax Collector- The Board approved the Interlocal Agreements and authorized the Chairman to sign the Agreements. B. Award of Bid # 04-055 Weatherbee Road and U.S. 1 Intersection Improvemcnts- The Board awarded Bid # 04-055 Weatherbee Road and U.S. 1 intersection improvements to Ranger Construction Industries, Inc., in the amount of$310,173.93 to establish the project 2 '-' "" budget and authorized the Chairman to sign the contract as prepared by the County Attorney. C. Solid Waste Baling and Recycling Cash Drawer and Cash Change Bag Fund- The Board approved increasing the Solid Waste Baling and Recycling Cash Drawer and Cash Change Bag fund from $500 to $650. D. Approve Change Order No.2 in the amount 01'$86,346.81 for modification to the Midway Road and Glades Cut off Road intersection improvements and Midway/Glades Cut off Road Utilities Extension- Phase lA projects.- The Board approved and authorized the Chair to sign Change Order No.2 in the amount of $86,346.81 for a total contract price 01'$5,179,302.88 to Community Asphalt Corp. for modification to the plans. 6. MANAGEMENT AND BUDGET A. Resolution No. 04-164 to appropriate $10 million for a line of credit for the acquisition of land for a new research and education center- The Board approved Budget Resolution No. 04-164 to establish the budget 1'01' the acquisition of land for a new research and educational center. B. Resolution No. 04-163- The Board approved Budget Resolution No. 04-163 amending Budget Resolution 04-1115 to correct scrivener error. 7. PURCHASING A. Fourth Amendment to Contract No. C02-04-399 with the Terminix International Company- The Board approved the fourth amendment to contract C02-040399 with the Terminix International Company and authorized the Chairman to sign the amendment as prepared by the County Attorney. B. Fixed Asset Inventory Property Record Removal- The Board authorized staff to remove records from the fixed asset inventory of the BCC. C. Bid Waiver and Sole Source Purchase of Used Water Truck- The Board approved the waiverof the bid process and sole some\.: purchase of a used 1997 Ford F-800 Water Truck with a 2000 gallon tank from Grassette Machinery Inc., for $22,000. 8. COMMUNITY SERVICES A. FDOT Park and Ride grant- The Board approved staff applying for a FDOT Park and Ride grant to assist with the development of a Park and Ride facility at A venue D and 8th St. and for planning funds to evaluate areas for Park and Ride facilities throughout the County. B. FDOT Inten110dal Grant- The Board approved applying for a FDOT grant to assist with the development of an intermodal facility at A venue D and 8th St. C. FDOT Public Transit Service Development Grant for a downtown shuttle in Port St. Lucie and in Ft. Pierce and approved the 50% match from the Public Transit MSTD. 3 '-' ....",; 9. AIRPORT A. Award of Bid # 03-029 to Dickerson Fla. Inc., for the extension of Taxiway A- The Board approved awarding the Base Bid of$232,190 to Dickerson Florida Inc., for the extension of Taxiway A project at St. Lucie County International Airport. B. FDOT lP A for $508,000 for the Rehabilitation of Taxiway E- The Board approved accepting the FDOT lP A and authorized the Chairman to execute the lP A and Resolution 04-166 authorizing the Chairman to sign the agreement, for the Rehabilitation of Taxiway E project at the SLC Airport. This FDOT grant provides for $508,000 of the $635,000 required for this project. REGULAR MEETING 5.A NO PUBLIC HEARINGS SCHEDULED 6. ADMTNISTRA nON Bi-Weekly Committee Reports- The Board provided updates on the Committees and Advisory Boards they serve. PUBLIC WORKS (1-1285) 7. Solid Waste Division - Consider staff recommendation to award RFP 04-042 to the low bidder Waste Pro for the Exclusive Residential Collection Service Agreement. If the Board chooses to consider the option of placing the solid W:Iste charge on the non-ad valorcm assessmcnt roll. stnrr also rccom111cnds that the Board Hpprove the proposal from CDM.! to prepare the roll in H lump sum amount of $58,000. Mr. Dan Anderson, COM was present to address the Board's questions. Com Bruhn stated he had a problem with spending $58,000 before having the public hearing. The Board was advised that if the proposal to prepare the roll was not approved on a timely basis, it would not be possible to place these charges on the assessment roll this year. The Property Appraiser and the Asst. Tax Collector addressed their role in collecting this fee. Mr. Clancy, Asst. Tax Collector stated that if it was done on a timely basis, his department would not have a problem with the collection process. It was moved by Com. Barnes seconded by Com. Coward to approve staff recommendation to include the sum of $58,000 to prepare the tax roll; and, upon roll call, the vote was as follows: Nay: Bruhn, Hutchinson, Aye's: Barnes, Coward, Lewis; motion carried by a vote of 3 to 2. R. COUNTY ATTORNEY (1-2251) Ordinance No. 04-022- Permission to Advertise- Consider staff recommendation to grant permission to advertise Draft Ordinance No. 04-022 for a public hearing on June 22, 2004 at 9:00 a.m. It was moved by Com. Coward, seconded by Com. Bruhn, to approve adverting the Public Hearing; and, upon roll call, motion carried unanimously. 4 '-' ....., 9. COUNTY ATTORNEY (1-2618) Ordinance No. 04-024- Permission to Advertise- Consider staff recommendation to grant permission to advertise Draft Ordinance No. 04-024 for a public hearing on June 22, 2004 at 9:00 a.m. It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve advertising the Public Hearing; and, upon roll call, motion carried unanimously. 10. ADMINISTRA nON Staff discussion/recommendation on Jail Overcrowding Staff recommendation is to approve the contracts with Highlands and Taylor Counties for the housing of inmates and also set up the funds for the transfer of the inmates. Com. Barnes questioned if a meeting was scheduled with the committee to see if those who are on the list to be transferred can be accommodated at our jail by reviewing other possibilities within our system first. There are too many waiting for trial who have misdemeanor charges who may be released with certain conditions. At this time the Chief Judge, Cynthia Angelos, contacted the County Administrator and stated she would recess her trial and attend the meeting briefly to address the matter. UNAGENDAD ITEM The County Administrator advised the Board of a request received from the City ofFt. Pierce building department :lsking the County's assistance. The City lost another building ollicin!. Com. Coward expressed his concerns with out stalTbeing overburdened with our own workload due to the growth and the increase in building applications. The County Administrator stated he would bring the information to the Board next week for their consideration. The Board recessed. The Board reconvened at 11 :20 p.m. Judge Angelos addressed the Board on this issue and stated there seemed to be a misunderstanding on this issue. She stated when she became Chief Judge, she had formed the committee in order to assist in moving the cases more quickly. She stated the Judiciary is a separate branch of government and there is so much they can and cannot overstep her ethical bounds as a Judge. She stated, "one area which cannot take part in the judgement of a case is the overcrowding ofthe jail ". However as Chief Judge, onc orhcr areas is case managcmcnt and this is why she rOl'med the Committec to assist illll10villg these cases ulollg. Com. Barnes addressed the assistance the Board has given the judicial system in the past few years and how many inmates are injail that cannot make bond that have not been determined to be a risk to society. Judge Yugucci addressed the diversion programs they currently have for misdemeanors cases. Com. Coward requested specific recommendations from the Sheriff regarding one of the three options which is the transferring of inmates. 5 \. ....., Sheri rr Mascara stated the three options he presented last week were in combination with each other. He does not feel that sending inmates to another county, thus sending out county money is the answer. However, he does feel that building a structure in the infield and placing low risk inmates out there and do some type qfretro fit in the open dorm to place high risk inmates there. Com. Barnes concurred with the Sheriff's idea and stated it does not need to be a structure with state ofthe art conditions such as air conditioning etc. The Sheriff stated they still need to do something with the high risk inmates. Com. Coward suggested investing in such a structure which can be used for years to come. Com. Hutchinson suggested an agreement be made today as to whether or not inmates will be transported and the interlocal be agreed upon. The County Administrator requested the Board approved the agreement with Highlands County so that something is in place if needed. Com. Hutchinson statccl she would consider approving the move of 50 inmates to II ighlands or Taylor whidwVl:r, however she insisted tlmt thee $200,000 nceded l'or this move be split between the Board ($100,000 from contingency) and the other $100,000 from the Sheriff's reserve ($500,000 ) set aside for the new pod employees. Com. Barnes stated he would not vote for this unless the group meets to determine how many inmates can he released providing space. The Chairman requested the SheritT, State Attorney's office, Public Defender who can commit people to this effort. The Chief Judge will have the ultimate approva1. It was moved by Com. Hutchinson, seconded by Com. Coward (for discussion) asked the Finance person from the Sheriffs office to advise ifthis fund was possible. The Finance Director for the Sheriffs office stated they do not have the funds. Com. Hutchinson stated this was an emergency and a decision needed to be made whether they would commit the funds from their reserves. Com. Coward stated they would need to replace the $100,000 in the near future if it was taken from their reserves due to the need of the personnel being hired for the new pods so he was not sure this was a good idea. He suggested the same approach be taken to find the funds as they did when the $20 million was requested. Com. Lewis stated she was in favor of transferring 50 inmates to Highlands, however, she cannot agree to obtain the funds from the Sheriffs reserves. It was moved by Com. Hutchinson, seconded by Com. Barnes, to approve the agreement to transfer 50 inmates to Highlands County, utilize $100,000 from contingency and $100,000 from the Sheriff's reserves; and, upon roll call, the vote was as follows: Nay's Coward (docs not agrec on runding source); Lewis, (also does not agree on funding source); Aye's; Bruhn, Barncs, Hutchinson; motion carriecl by a vote 01"3 to 2. 6 \.-' 'wi There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Courts 7 "" '-' "'-" AGENDA REQUEST ITEM NO. .kILl- DATE: June 15, 2004 REGULAR [X] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Robert O. Freeman, Esq. Bond Counsel SUBJECT: Resolution No. 04-180 - Increasing the Amount of Financing for North County Utilities BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff Recommends that the Board approve Resolution No. 04-180 as drafted. COMMISSION ACTION: [~, APPROVED [] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: ~:f1 County Administrator County Attorney: ;~ Review and Approvals Management & Budget Purchasing: Originating Dept, Public Works Dir: County Eng.: Finance: (Check for Copy only, if applicable) Eff.5/96 '-'" ...., .. RESOLUTION NO. 04-180 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING RESOLUTION NO. 04-157, ADOPTED MAY 25, 2004, IN ORDER TO INCREASE THE AMOUNT OF FUNDS THAT MAY BE BORROWED FOR THE ACQUISITION AND CONSTRUCTION OF ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE WATER AND SEWER FACILITIES WITHIN THE COUNTY TO NOT EXCEEDING $10,000,000; PROVIDING FOR THE APPROVAL OF A PROPOSAL FOR THE INCREASED AMOUNT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the provisions of the Act, hereinafter defined, and Resolution No. 04-157, adopted on May 25, 2004 (the "Original Resolution"). Section 2. Amendments to Original Resolution. The Original Resolution is amended in the following respects: (A) Certain of the definitions contained in Section 2 of the Original Resolution are amended to read as follows: "Bank" means Wachovia Bank, National Association, Deerfield Beach, Florida. "Loan Agreement" means the Loan Agreement between the Bank and the County setting forth the terms and details of the Loan, in substantially the form attached hereto as Exhibit A, with such modifications and changes thereto as shall be approved by the Chairman, upon the advice of the County Attorney, such approval to be evidenced by the Chairman's execution thereof, and shall include the First Supplement thereto. "Proposal" means the proposal of the Bank to make the Loan, the form of which is attached hereto as Exhibit B, as supplemented by the Supplemental Proposal. "System" means the water and wastewater utility system additions and improvements which are to be constructed with the proceeds of the Loan. (B) The following defined terms are hereby added to Section 2: "First Supplement" means the First Supplement to Loan Agreement, between the County and the Bank, dated as of June 11, 2004, substantially in the form attached hereto as Exhibit B. 1 EJSTL/N COUNTY UTIUI0861,2/28902-00117/R-AMEND 04-157 ~ ""'" ~ "Supplemental Proposal" means the letter supplementing the Proposal, a copy of which is attached hereto as Exhibit A. (C) Section 4 of the Original Resolution is amended to read as follows: "Section 4. Authorization of Note. Subject and pursuant to the provisions hereof and in accordance with the provisions of the Loan Agreement and the Proposal, the issuance by the County of its Improvement Revenue Note, Series 2004 (North County Utilities Project), in a principal amount not to exceed $10,000,000, to be dated, to bear interest, to be payable, to mature, to be subject to redemption and to have such other characteristics as provided in the Loan Agreement and the Proposal, and to be secured solely by the proceeds of the Bonds and the Covenant, is hereby authorized. The Note may be issued in one or more installments and each installment may have different characteristics in accordance with the Proposal" Section 3. Remaining Prmisions Unaffected. The remaining provisions of the Original Resolution shall remain in full force and effect. Section 4. Approval of Supplemental Proposal and First Supplement. The Supplemental Proposal, the form of which is attached hereto as Exhibit A, is hereby approved and accepted. The First Supplement and the Second Installment Note are hereby approved, and the Chairman and Clerk are hereby authorized to execute and deliver the First Supplement and the Second Installment Note to the Ban1e The Chairman, the Clerk, the County Administrator, the Finance Director, and the County Attorney are each designated agents of the County in connection with the execution and delivery of the First Supplement and the Second Installment Note and are authorized and empowered, collectively or individually, to take all action and steps to execute and deliver any and all instruments, documents or contracts on behalf ofthe County which are necessary or desirable in connection with the execution and delivery of the First Supplement and the Second Installment Note to the Bank, including, but not limited to, the making of modifications to the First Installment and the Second Installment Note to conform the provisions thereof to the provisions of the Proposal. Section 5. Severability. If anyone or more of the covenants, agreements, or provisions of this resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and in no way affect the validity of all other provisions of the Original Resolution or of the Notes or Loan Agreement authorized pursuant to the Original Resolution. Section 6. Effective Date. This resolution shall take effect immediately upon its adoption. 2 ElSTLIN COUNTY UTlLlI086\.2/28902.00117/R.AMEND 0+157 , ~ """ , . Passed and Adopted this 15th day of June 2004, at a regular meeting duly called and held. ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chairman, Board of C6ont1ynissioners ATTEST: By: Clerk of the Circuit Court, ex-officioClerk ofthe Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney 3 E/STUN COUNTY UTIUI0861.2/28902-00117/R-AMEND 04-157 -, '-' ....,¡ EXHIBIT A SUPPLEMENTAL PROPOSAL 4 EISTLIN COUNTY UTIUI 0861.2128902-00 117/R·AMEND 04-157 ., ~ EXHIBIT B FIRST SUPPLEMENT TO LOAN AGREEMENT E/STLIN COUNTY UTIU1086L2128902-00117/R-AMEND 04-157 5 ...; ;. '- "-tI FIRST SUPPLEMENT TO LOAN AGREEMENT This FIRST SUPPLEMENT is to that certain LOAN AGREEMENT dated as of June 11, 2004 (the "Loan Agreement"), by and between ST. LUCIE COUNTY, FLORIDA (the "County") and WACHOVIA BANK, NATIONAL ASSOCIATION (the "Bank"). WITNESSETH: Whereas, the County and the Bank have entered into the Loan Agreement and the County has borrowed from the Bank pursuant to the tenns and conditions of the Loan Agreement the principal amount of not exceeding $7,700,000 and has delivered to the Bank its Improvement Revenue Note, Series 2004 (North County Utilities Project), dated as of June 11, 2004, in the principal amount of$7,622,500; and Whereas, the County and the Bank have agreed that the County be pennitted to borrow an additional amount of not exceeding $2,300,000, pursuant to the tenns of the Loan Agreement, as supplemented by this First Supplement; Now, Therefore, in consideration of the premises and mutual covenants set forth in the Loan Agreement and herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: Section 1. Amendments to Loan Agreement. The Loan Agreement IS hereby amended and supplemented in certain respects as follows: A. Certain definitions contained in Section 1 of the Loan Agreement are hereby amended to read as follows: "Initial Disbursement Date" means, with respect to the First Installment Note, June 11, 2004, and, with respect to the Second Installment Note, June 18, 2004, or such other date as the proceeds of the Second Installment Note are actually disbursed to the County. "Interest Rate" with respect to the First Installment Note shall be the annual rate indicated on Exhibit A hereto, subject to adjustment as provided in Schedule 1 to the First Installment Note. Interest Rate with respect to the Second Installment Note shall be the annual rate indicated on Exhibit A to the First Supplement, subject to adjustment as provided in Schedule 1 to the Second Installment Note. "Loan Agreement" means this agreement between the Bank and the County, as supplemented by the First Supplement, setting for the tenns and details of the Loan. "Notes" means the Improvement Revenue Notes, Series 2004 (North County Utilities Project), First Installment and Second Installment, of the County, substantially in the fonn attached hereto as Exhibit A. .. '-' ...,¡ "Note Resolution" means Resolution No. 04-157, adopted by the Board on May 25, 2004, as supplemented by the Supplemental Note Resolution. "Principal Amount" means not exceeding Ten Million Dollars ($10,000,000). B. Certain additional definitions are hereby added to Section 1 of the Loan Agreement as follows: "First Installment Note" means the Note dated as of June 11, 2004, in the principal amount of $7,622,500. "First Supplement" means the First Supplement to Loan Agreement, dated as of June 18, 2004, or such other date as shall be mutually agreeable to the County and the Ban1e "Second Installment Note" means the Noted dated as of June 18,2004, or such other date as shall be mutually agreeable to the County and the Bank, in the principal amount of not $2, "Supplemental Note Resolution" means Resolution No. 04-180, adopted by the Board on June 15, 2004. C. Section 4 of the Loan Agreement is hereby amended to read as follows: Section 4. Description of Notes. The obligation of the County to repay the Loan shall be evidenced by the Notes. The First and Second Installment Notes shall be dated as of their respective Initial Disbursement Dates; shall mature as set forth therein; shall be in registered form; and shall bear interest from their respective dates until payment of the respective principal amounts thereof. Interest shall be payable as set forth on Exhibit A to this Loan Agreement, calculated on the basis of a 360-day year consisting of twelve 30-day months, from the respective dates of the Notes, as to the First Installment Note, at the Interest Rate shown on Exhibit A hereto, and, as to the Second Installment Note, at the Interest Rate shown on Exhibit A to the First Supplement. Section 2. Remaining Provisions Unaffected. The remaining provisions of the Loan Agreement shall be unaffected hereby and shall continue in full force and effect. 2 E/STLIN COUNTY UTILITIES/FIRST SUPPLEMENT TO LOAN AGREE ---- - -. '- .""", In Witness Whereof, the parties have duly executed this First Supplement as of the date first above written. ST. LUCIE COUNTY, FLORIDA (SEAL) By: Chair, Board of County Commissioners ATTEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney W ACHOVIA BANK, NATIONAL ASSOCIATION By: Title: 3 EISTLIN COUNTY UTILITIES/FIRST SUPPLEMENT TO LOAN AGREE ~ '-' ....,¡ ITEM NO. RA 2 DATE: June 15, 2004 AGENDA REQUEST REGULAR: (X) PUBLIC HEARING: ( ) CONSENT: ( ) SUBJECT: Transfer of inmates to Highlands County TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ADMINISTRATION BACKGROUND: See attached memorandum FUNDS AVAILABLE: $100,000 from County Contingency $100,000 from $500,000 Sheriffs Salary Reserve PREVIOUS ACTION: June 8, 2004: . BOCC approved agreement with Highlands County . BOCC approved splitting the cost between County Contingency Fund and Sheriff's Salary Reserve Fund RECOMMENDATION: Commissioner Barnes has requested this item be revisited. Motion to approve agreement with Highlands County in the amount of no more then $100,000,00, Sheriff to meet with persons from the Public Defenders and State Attorneys offices to look at inmates on a case by case basis, Staff to move forward with short term building options, Approved 5-0 COMMISSION ACTION: 11 APPROVED o OTHER: o DENIED Review and Approvals º County Attorney: -º Management and Budget: º Purchasing: º Originating Dept: º Other: o Other: º Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the St Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting, , '-" "wi COUNTY ADMINISTRATION MEMORANDUM 04-105 FROM: I' Board of County co~' 'oners . r Douglas M. Anderson, ounty Administrator TO: DATE: June 14,2004 RE: Transfer of Inmates Commissioner Barnes has requested that the agenda item from last Tuesday's Board meeting approving an agreement with Highlands County transferring prisoners to their facility be re-agendaed. As you recall, the Commissioners approved the agreement with Highlands County but did not approve an agreement with Taylor County. Also, the Commissioners approved splitting the estimated cost of $200,000 with the Sheriff should 50 inmates be transferred to the Highlands County facility. Attached to this memorandum is a copy of last week's agenda item. DMA/ab 04-105 c: Ray Wazny, Assistant County Administrator Dan Mcintyre, County Attorney Ken Mascara, Sheriff Garry Wilson, Chief Deputy Pat Tighe, Major - Director of Detention Public Safety Coordinating Council Chief Judge Angelos Attachment '-' ....,.¡ ITEM NO. 10 DATE: June 8, 2004 AGENDA REQUEST REGULAR: (X) PUBLIC HEARING: ( ) CONSENT: ( ) TO: BOARD OF COUNTY COMMISSIONERS /' )~. Dougl s M~XdéÍ'son County U istrator SUBMITTED BY (DEPT): ADMINISTRATION SUBJECT: Transfer of Inmates BACKGROUND: See attached memorandum FUNDS AVAILABLE: 001-2300-534000-200 (Other Contractual Services - Contingency) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends entering into agreements with Highlands and Taylor Counties to house inmates and approval of Budget Amendment BA04-153 in the amount of $200,000. . MAPPROVED o OTHER: o DENIED ¿" - Dougl nderson Coun y Administrator COMMISSION ACTION: Approved 5-0 Review and Approvals º County Attorney: -º Management and Budget: o Purchasing: º Originating Dept: o other: º other: º Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the Sf- Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. - '-" ..." Board of County Commission Meeting June 8, 2004 Agenda Item No. 10 Motion to approve agreement with Highlands County with a maximum cap of no more then 50 inmates. $100,000.00 to come from BOCC funds and $100,000.00 to come from Sheriff Depmiment funds. Sheriffto meet to look at 10 inmates on a case by case basis and have Mr. Anderson coordinate such meeting with someone from the Public Defenders office and State Attorney's office. Approved 3-2 (Comm. Lewis and Comm. Coward No). Commission Action: [X] Approved [ ] Other [ ] Denied - '-' 'wi BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Administration PREPARED DATE: 6/4/2004 AGENDA DATE: 06/08/04 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 001-2300-534000-200 Other Contractual Services $200,000 FROM: 001-9910-599100-800 Contingency $200,000 REASON FOR BUDGET AMENDMENT: To provide funding for the transportation of inmates, CONTINGENCY BALANCE: N/A THIS AMENDMENT: N/A REMAINING BALANCE: NIA DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: BA04-153 DOCUMENT # & INPUT BY: - ~ '....I ... TO: COUNTY ADMINISTRATION EMORANDUM 04-99 ". --. - DATE: Douglas M. Anderson(- June 4, 2004 FROM: RE: Inmate Population Update Please find attached agreements with Highlands County and Taylor County to house S1. Lucie County inmates. The Highlands County Jail, located in Sebring, will have up to 50 beds available the week of June 21,2004, at a cost of $40 per day per inmate. Assuming that we house 50 inmates at this facility through the end of the County's FY, September 30th, the estimated cost for approximately 98 days would be $200,000. Any medical costs would be borne by S1. Lucie County. However, I have not calculated this into the cost factor, as we would be responsible for medical costs whether they were housed in S1. Lucie County or any other county. There remains in the budget a $500,000 reserve for salaries for additional corrections deputies, However, the Sheriff's Office has informed me that they are preparing a report supporting the fact that they would need these funds prior to the end of this fiscal year. Therefore, staff would recommend that this funding be allocated from the Contingency General Fund that has a balance of $573,958. County staff would recommend that we transfer $200,000 from Contingency to accommodate the cost of up to 50 inmates being transferred to the Highlands County Jail. Staff will also be recommending that we enter into a contract with Taylor County to house St. Lucie County inmates at a cost of $37 per inmate per day. This contract would only be used if there were a need for additional bed space once Highlands County has run out of bed space and approval to transfer. Prior to any transfer to Taylor County, we would be coming back to the Board with funding requirements and authorization to transfer. Staff would also recommend that the inmates be transferred to Highlands County using 8t. Lucie County Sheriff's Office personnel and equipment. We are still looking into transportation alternatives should we need to transport inmates to Taylor County. As you know, we have requested information from the Sheriff's Office regarding electronic monitoring of inmates. Our request included asking the Sheriff's Office to provide us with information from other counties currently using electronic monitoring devices. This should not be confused with GPS monitoring equipment in that we have been advised that no other counties are using this system in the State of Florida. Over the next several days - ~ """ '. Page 2 June 4, 2004 Inmate Population Update we will continue to look into monitoring systems and working with the Sheriff's Office and others to determine whether or not this is a program that we will be recommending to you for your approval. We are also investigating gain time and will be recommending to you in the next few weeks whether or not we should be approving a gain time program. We are continuing to gather a lot of information to continue to try to improve the process of processing inmates in an attempt to control the increasing population at the jail. DMAlab 04-99 c: Ray Wazny, Assistant County Administrator Dan Mcintyre, County Attorney Ken Mascara, Sheriff Garry Wilson, Chief Deputy Pat Tighe, Major - Director of Detention Public Safety Coordinating Council Chief Judge Angelos Attachments '. DEPARTMENT Approved Budget Administration BA04-110 BA04-115 BA04-116 BA04-117 BA04-117 BA04-121 BA04-127 Administration BA04-129 BA04-133 BA04-133 BA04-133 BA04-137 BA04-144 BA04-145 BA04-148 Proposed action: BA04-153 - '-' ...,; FISCAL YEAR 2003-2004 FUNDS APPROVED FROM CONTINGENCY GENERAL FUND AMOUNT REMAINING: $573,958 ITEM ACCOUNT # Contingency 001-9910-599100-800 Chilled Water System for Thomas J. White Stadium G/L Interfund Loan ... Treasure Coast Sports Comm (TCSC) Increase Transcriber/Dual Cassette Reformatter Chopper/Brush Mower Fence Repair at Lawnwood F-Ball Stadium Fence Repair at Pepper Park Loan for a van. United Veterans will repay. Treasure Coast Opera Society/ Mini Grant Program Thomas J. White Stadium Interfund Loan-Field Padding G/L Interfund Loan *** Research-Education Park Lincoln Park Community Center Extended Hours Lincoln Park Community Center Extended Hours Lincoln Park Community Center Extended Hours Appraisals for Purchase of Harbor Branch Shrimp Property Establish a Special Event Fund New Position of Strategy & Special Projects Director Heathcote Botanical Gardens Total used: Balance Available Transportation of Inmates Balance Available After Proposed Action: *** Interfund Loan for the Thomas J. White Stadium Chiller System AMOUNT 1,000,000 $125,000 $25,000 $2,293 $1,913 $12,000 $12,833 $18,189 $20,000 $36,154 $51,000 $2,160 $9,300 $2,800 $10,400 $50,000 $20,000 $27,000 $426,042 $573,958 $200,000 $373,958 c::=,/~~:'2/::"UJ4 1~ ~1E''::,:4C2!'2Ø7 CEr.:TRLL PE(;o.:;:~Œ:: """ F¡!~J:;c lil " SEBRH·'¡G (&63) 402-í200 AVO:'; i'A.TtK (863) 784·0225 LAK15 'rjACTD (363) 699-3/37 HO\V ARD GODWIN SHERIFF - illGHLA1\TDS COUNTY 434 Fernlcaf Aver.ue Sebring, Florida 33870 June 2, 2004 ¡v1r. Douglas f"1. A.nderson County Administrator 2300 Virginia Ave. Fort Pierce I Fl. 34982 Via Fax Dear Mr, A.ndeíson: I arYl forwçrding a draft copy of the Agreement for Inmate Bed Spacel which has been somewhat modified from the Taylor County agreement. This agr(:ement still has to be reviewed by Carl Cooll our County Administrator and our county Attorney, but tl";e fee structure shou1d remain unchanged. Once the agreement has been approved in principle, it may be necessary for some of my staff to meet with Major Pat Tighe or his representative, to solidify' issues that are not covered in this agreement. I 1i./ill request that r·'1r. Coo! provide YOLI, via fax, with a copy of the final signed agreement. As I previously indicated, if this agreement is approved and we encounter no problems in bringing our new video visitation system on line} we !;hould be able to accept your inmates the week of June 2.1, 2004. Please do not hes¡tate to contact me if you or rJ\ajor Tighe have any questions. Sincerely, n,:) \~ ' 7. ¡ AAfÅ^.."-- 'W. .... Inman Detention Commander PEH*ad XC: Cad Cooll County AdmInistrator Tom Portz, Asst. County Administrator Lt. S. Frank Worden, Admin. Lt. Bobby Green, Ops. .' ~,- " >r,,2'i<:;:Rn\'J7 ;2 ~i >! - ." ''''-'',' Jl JUN 0 2 [004 /~. CO. ADMIN OCFI0~! . .vC: 8;:'/02/'2,3<:14 'i~S '3E34'J272~Jt CEt,:l R;iL R,=-f}:)'WC:; 'wi Pt.(~E ;~ .-:' '. Draft Highlands County I Florida and St. Lucie county I Florida Agreement for Inmate Bed Space THIS CONTRAC'r, i$ made and entered into by and between the Highlands county Board of County commissioners, hereinafter ("Highlands county")¡ and St. LucIe County r a politica\ subdivision of the State of Florida, hereinafter ("St. Lucie County"). WHEREAS, St. Lucie County, from time to time, experiences inmate populations which excep',d the môximum C2pâcitles of its correctional facll\ties; and WHEREAS, st. Lucie co\.mty is in need of bed space for housing inmates detained by the proper Ðuthorities of St. Lucie County, hereinõfter ("Non-County Inmates"); and WrU:RfAS, it is in t~H: b2St Interest of St. Lucie County to obtain inmõte bed space that is avai1able from other correctional faciìities throughout the State of Florida; and VJHEREAS, Highlands County has, from time to time, inmate bed space available at the Highlancs County Detention Facility: NOW' THEREFORE, in consideration of the premisêB and mutual covenants contained herein, High\çnds County and St. Lucie County hereby agree as follows: Section 1. ;¡:ncarce::ration of Inmates: Highlanàs County will incarcerate and detain at the faci~!ty, on a sp~çe available basis¡ those Non-County Inmates, which St. Luçle County may deliver to Highlands County from time to time for incarceration. Upon request of Highlands County, St. Lucie CountY~'liil\ remove anyone or atl ìnmates within twenty-four (24) hO\.lrs ùf such request. st. Lucie County shall not send state or federel prisoners to the facility. Section 2. compensatiOJ'¡: St. Lucie wlli pay to Highlands county the sum of $40.00 per Î1mate bed space for each day or part thereof. The rates for iíìrn<Jte b;.j spaçes may inCíease only upon wrItten agreement sIgned by all parties. Page 1 of 5 - tJE:02l:2rJJ:\ "~ J ~I~ :3t:::4~;~72[;i' CENTR~~L ~'::::·!..-)~DS .~ PAGE £i3 " Section 3. Invokes: Highlsnos County shall invoice St. Lucie county on a monthly basis for inmate bed spece obtaineò in accordallce with Section 2, Compensation. Highlands County shall provide St. Lucie County with any documentation requ:red to process invoices. St. Lucie county will forward payment to Highlands County within thirty (30) days of receipt of involce and any necessar)' àocumentatíon. section 4. Transportation: St. l1.1çie County ìs responsib:e for all transportation of Non-County Inmates, except, however, that Highlênds County will provide transportation In a medical emergency and bill St. Lucie pursuant to Section 3, Invoices. Highlands County reserves the right to retum any Non-County Inmate to St. Lucie County who becomes continuously combetive, destruçtive, or is deemed to be a threatto the safety of staff or other inmates. If that occurs, highlands County will provide transportation at no c05t to St. Lucie Count)'. sèctiort S. Medica) Care: Highlands County wIll provide Non-County Inma:es access to routine medical care currently provided at the facility, Highlands County agrees to provide routine non-prescription medication such as aspirin, antacids, decongestants, Bõnd-Þ.ìds, or topical ointment at no expense to St. Lucie County. st. Lucie County will reimburse Highlönds CO!Jnty for a\1 pr~scriptíon medication provided to the Non-County Inmates which ere invoiced pursuant to Section 3, Invoices. All routine in-hou5e rri~dical care piO'Iided et the facility will be paid for by the Non-County Inmates, which may be b¡iled to their respective inmate account. Those Non-County Inmðtes t:îöt meet indigence requirements wiil be allowed to carry a negatIVe balance on their account. The negative balance will transfer with the Non-County Inmate to St. Lucie County who agrees to r:eimburse Highlands County. St: Lucie County £grees to be responsible for all non-routine med¡ç¡¿¡! care to indude iterns such as medlcai and/or mental health care provided away from the facility, Highlands COUlty shall be responsible for all security during the hospital confinement of Non-County Inmates within H¡ghlands County and will invoice St. LJcie County at êJ rate of $22.00 per hour for such assistance. All invoices shaii be processed in accordance with Section 3, Irwo¡ces. Section 6. Recreation, Access to courts, Food service, Commissary, Mail, Religious, Grievance Procedure, Visitation, Discipline and Telephones: Highlands County will provid; Non-County Inmst€S acc€ss to recreation, courts, food service, commis$ary, mail, reHgion, grievance procedure, visitation, discipline, and telephorle services at the same level that such services are Page 2 of 5 1"': rpr){":'rië'" Î ~-::: :J_',- .....t..'-'--"~....,. -~ ~1è34C272D7 CEN TRAL. P~C~=-!':;:Df; 'wi PN£ 04 " currently being provided for 3t the Híghlands County Detention Facility. Seçtion 7. Term: This contract shall commence on the date of signirig by all parties and shall continue until December 31. ~004 . The pZirties may renew thi~ contract f¡,)r two (2) additional one (1) ye¡:¡r termS. SLlch renewal to be in the form of an addendum signed by all partit;s. ïhis agreement may be çancell€d by either party wìth thirty (30) days prior written notice. section S. liability: Highlands County and st. Lucie CQ:.mty agree that each agency shall be responsible for any and a\l acts of omissions dde to negligence of their respective agencies limiting éXpo5ùre to liabHity or setting é1 cê¡¡¡ng on damages, or both¡ or of any law establishing a defense to any claim asserted against any af them. section 9. Post Conviction Actions; Confinement by Hìghl¡;mds County shall net deprive any inmate of any legal right, which he would have jf confined in E St. Lucie County cOirectional facility, except as modified herein. Highlands county shali not be responsible for defenåing any post conviction action including appeals and Writ of Habeas Corpus by a Non-County Inmate challenging the underlying judgment of convict.ion or the administration of the sentence imposed. Section :1.0. Notice of Clairï\:S: Within fifteen (15) working days after receipt by St. Lucie County or any of its agents, employees, or officer of a summon5 in any action, or Notice of Claims, St. Lucie County shaH notify Highlands County in w~'iting of the receipt thereof. This requirement is intended to insure that Highlands County's defense of the claim is not harmed by failure to comply with the notice requirements. Failure to comp!y with the notIce requIrements can result in Highlands county's refusal to be held liable for any and all acts or omissions due to negligence on the part of St. Lucie County or óny of its agents, employees, or officers, if such failure to notify results in prejudice to Highlands County. St. Lucie County or any of Its agents, ernoloyees, or office,s. likewise, within fifteen (15) working days after receipt by High\Ðnds County or any of its agents, employees, or officers, or a sl.Jmmons in any action or notice of claim, Highlands County shall notify St. Lucie County in writing of the receipt thereof. This requirement is intended to insure that St. Lucie County's defense of a claim is not harmed by a failure to comp1y with the notice requirements. Failure to compiy with the notice requirements can resu1t in St. Lucia's refusal to be held liable for any 2nd all act5 or omissions due Page 3 of 5 - ~1:=,/U2/2c..1;j,~ .~'~.:.~ 8E34::!¿7~07 CEI-:TRÞ.L R::::CCI<;:I:''::: ....,,¡ F' ~lc;E ~: :' '. to negligence on the part of St. Lucie County or any of its agents, employees! or office,s, if suc.h fç¡i1ure to notify results in prejudiCe to St. Lucie County, or any of its agents, employees, or officers. section 11. Prior occurrence: WIth re5peCt to Non.-County Inmates, Highlands County shall not be responsible for ðn,¡' losses or costs resulting from litigation or claims during the time this centrac;: is effective or for lawsuits arising thereafter relating to events or cenditions, which occurred or existed prior to the effective date of the contract. riigh!2nds County agrees to cooperate with St. Lucie County in defense of these suits or claims. Highlands County and St. Lucie County agree that each agency shaì: be responsible for any and all acts or omissions due to negligence of the¡r respective officers, employees, or agents. However, nothIng herein is intended to deprive St. Lucie county, the Highlands County Sheriff, Highlands CountYI or any of their offiçers, agents, or employees of the benefits of any law limiting exposure to liabilitY or setting a ceiling on damages, or both, or of any law establishing a defense to any claim asserted agaInst any of them. ' section 12. Notlce5~ All notices required under this contract will be sent by certiAed mail, return receipt requested: To Highlands Ccur1ty: Attn: David Fiowers Board of County Commissioners P.O. Box 1926 Sebring, Florida 33871 863-402-6500 To St. Lucie county: Doug Anderson County AdminIstrator 2300 Vlrg1nl6 Ave. Ft. Pierce, Florida 34982 SèctiÖ!1 13. Non-Di:;criminatio¡,\: St. LuciE: County is an Equal Opportunity E;-nployer. Sp-ction 14. Third Party Rights: The píOvisions of this contract are for the sole benefit of the parties hereto and wili not be construed as çonferring any rights on any other person or entity. SectiQn lS. Miscellaneous: This contract embraces all terms, conditIons, and understanding between Page 4 of 5 - 135/02/20214 1::~ 8E.34027'2DI CENTRAL RECCiR.D~; """" PAf;E I:H;, Highlands County Board of County Commissioners! and St. Lucie County, Florida. Section 16. Resolution of Disputes and Venue; Any controversy, claim¡ or dispute arising out of or in connection with this contract, Including without limitation the Intended meaning or application of any provision of this contract or the perforrmmce of any ç¡vi! obligation under this contract, shaH first be referred to mediation before 8 certified circuit court civil mediator, who shall be chosen by the Chief Judge or the Tenth Judicial Circuit in and for Highlands County, Florida, which Shðll be the sale court of venul? and jurisdiction- 05/0'2jQ4AD INMATE6EDSPACEAGREE06C4 Page 5 of 5 ...__n__··~···- - .--...-..- Ci::lí 28/ 20¿;4 11~ ::::: :~,- 8 =:~3-3S:2 7 TA CO ~~ER:F~S IN~ ...""" F'A'£ IT. ~bttí{f L. E. "Bu(Y':MY" WILLIAMS - TAYLOR COUNTY _~J ïayior CQunty COl.lrtnoUSè· Perry, FIOiid,:!- 3234ï 850_584--4225.1-800-800-4740 Dispatch 1-800-669-1123 FAX MESSAGE COVER SHEET FAX (850) 584-5484 PLEASE DELIVER THE FOL~OWING PAGE(SJ TO: 01 P.~>"1E : Ray ~azny iAssiBtant Countv Ad2in5itrator) :;OHPP.NY/ CITY .--.êt. Luc:le çoontv, Florida R.¡\J?A FAX NO. 772-462-1~I.L FRON: Lt. pOiteyiItt, 'ray~or eountv Jl}.ll. l'e1"t)·. F1o-r1.n.a- .~ R';'· ""'. Cont.rae;t: - w_....~ 'rO'I'AL NU}!BER of ?J:.GES .-2- INCLUDING COVER SHEET. PLEASE CF1:'r.. (850) 584-4333 IF YOU DO NCT RECEIVE ALL PAGES. D?'::'E SENT: 28 ~y 2004 - qo: ',;,,/,),"<>1 ,,"-- L._,._-,,__r.:J~~ _.l..~ t~: D- S 3:=;-"3527 Tt:< CO ~,:-EFIF~-':; ::~,t\-/ ~ PAf;E ;32 TAYLOR COUNTY, FLORIDA ÂJ.~D ST. LUCIE COUNTY) FLORIDA. AGREEl\1ENT FOR INIVIATE BED SPACE THIS CONTRACT, is msJie and entered into by and between the Tey10r County Board of County Commissioners, hereinafter (<<Taylor County'Y), and, St. Lucie County, Florida, a political subdivision of the State of Florida, hertiru:.fter (<1St. Lucie County"). WHEREAS, St. Lucie County, from time to time, experiences inmate populations \.vhich exceed tlie maximum capacities of its correctional facilities; and WHEREAS, St. Lucie County is in need of bed space for housing inmates delailled by tbe proper authoritie£ of St. Lucie Coumy, herein~fter ("Non-Cmmty Inmates"); and WHEREAS, it is in the best interest of St. Lucie County to obtain ilUnate bed space that is avai1;:¡bJ.e fro.((l other correctional facilities throug¡'10\lt the State of Florida; and WHEREAS, Taylor CO\lnty has, from time to time, inmate bad space available at the Taylor County Jai1 (".Facility"): NOW TIIREFORE. in consideration of the premises and mutual covenants contained h~r.:in, Taylor County and St. Lucie COU1lty hereby agree. as follows: Section L Incarceration ot Inmates: Taylor County will incarce¡-ate and detain at t1:::: facility, 0:: a space avð.ilable bas1.$, those Non-County Inmates, which St. Lucie County may deliver to Taylor County nom time to time for incarceration. Upon request of Taylor County, St. Lucie County ",ill remove anyone or all Inmates within t\venty- four (24) hour~ of such request. St. Lucie County shall nOt ~d state or federal p,o.sCJners to the Facility. Section 2. Compensation: St. Lucie CÙtllltY will pay to Taylor County the sum of $37.00 peJ inmate bed space for cÕ1ch day or part thereof inmate as bçd spaces are obtained by St, Lucie County. The rates for inmate bed spaces may increase only upon written agreement signed by all pa.4ies. SecdùI1 3. Iuvoice§: Taylor CQunty shall invoice 51. Lucie COlmty on a month1y basis for inmate bed space obtained. in accordance with Section 2) Compensation. Taylor County shall provide S1. Lucie County with any documentation required to process 1 - ~1::,/25/2DIJ~, ~4'1 B5Ð-B ::'3- 3:1:27 TA OJ ';HE~ IF::S :t:V ...." P~(;E øJ invùíces. St. Lucíe County Vr1.11 forward payment to Taylor County within thirty (30) d¡;ys of rcccipt of invoice and any n~Ges5ary do~urnent¡>,tion. Section 4. Tr.£Dilpo]"ut!J.)n: St. L\.\ctt. CO\L+-¡ty is responsible for all transportation of Non-County Inm,att~s, exc~t, ho\\'ever, that Taylor County" will províd;; transp011ation in a medica] emergéIlcy aM. b¡Jl Sl Lucí~ pmsna:nt tò S~cti0n 3, Invoices. Sedion 5. MOOical Care: Taylor County will provide Non-Count)' lnmate5 access to routine m(;dical car~ curn:nt1y provided at the FñCi1ìty. Te.ylor County agrees to provide routine non-prescription medh::atít)D such as aspirin, antaçÌds, decongestants, Bé!.1"1d-Aids, Of topical (lintment at no e-xpcns~ to 81. Lucie County. St. Lucie CCHIDt)' will reimburse Taylor County for an prèëCription medication provided to the Non-County hmlates which are invoit.ed purSl.!arlt to Se>etion 3, Invoices. All medical c,are provided at. the Facility will be paid tor by the Non-County Inmates, which will be billed to t.heir respecdve il1!11at~ account.. Those Non-Cou:nty Inmates that ffiçet ffidigeûce requirements '~I'ill be alJowed to carry f. negative ba1ancF,: on their account. The negative balance will transfer with the Non-County bunate to 8t Lucie County. St. Lucie County agrees to reimburse Taylor County when the Inmate pays the negé'.tive balance. St. Lucie County agH~es to be responsible for atl non-routin~ medical care t.o inç1ude items such as medical a.l'\d/or mantal health C?.l'.e provided E.way from the Facìlity. Si. Lucie County shall be re:;pon:;ible for all se-c.urity dudng the hospital confinement of Non-County lrunàtes. If St. Lucie County r~'quest5 Taylor County tQ a£;Sist in Eecl.ITÍty of ~ Non-Count.y Inmate at ~1 health car~ faciJíty, Taylor CoU!::\ty, if it has peruonnd available, wilt assist in sec,urity for the Non-County Inmate at the health care facitity and Taylor County will invoice St. Luc;Í,ð Count)' at a rate of $15.00 per hem for such a5sistmce, Tüe provision of assls1ance by Taylor CO\,mty shall be at the sole discretion of Taylor Count)'. If St. Lucie CourHy requests Taylör County to provide security during hospitalization for a female Non- County Inmate or aftçr th<:: firs1 48 bO\w~ for a. male Non-County Inmate, Taylor Connty wiii provi.de security and invoice ST.. Lucie County at the rate of S 15.00 per hours. All invoices shall be procêssoo in accordaIJcc with Section 3, Invoict5. Section 6. Recreation, AtC¢S$ to Conro, Food SeniCi:, Commissary, Mail! Religlo1,), Grit\'snce ProclJdure, Visitation, Discipline and TelephoDe~; Taylor County will provide Nún-Co'J11ty Inmates access to recrtaûon, COllrts, food service, co)IIUrÜ5~.ary. mail, religion. grieva.'1c,e procedure, visitation. discipline. and tel-:phoue service8 at the same le'ld that such senriœs are Clliïently being provided for at the Facility. Section 7. Te¡'m: This contract shall commence on the dßte of sigrúng by all partie,s and sball continue until _. The parties may renew this Contract for twO (2) additional one (1) year terms. Such ren~wal to be in the form of an adde:c.dum signed by all parties. This agreement may be cancelled by eith<:r party within thirty (30) òays prior written notice. Section ß. Liability: Taylor County and SL Lucie COüIh~' agree that eacb agency shall be respoI'l.sible for 2.I1y and all acts of omissions du.e to negligence of their respective " ... 85/:2:3/2034 l~C' 8::~-838-3527 TA CD SHERIF"'S :i:t'1\,;' ....., P~(;:~ 04 limiting exposure to liübility or setting a ceiling on damages, or both, or ùf &'1y law establishing a defense to any daim a.sserted against any ofL1:lem. S!1:dion 9. Post Conviction Actions: Confinement by Ta.ylor County shall not depdve any Inrtu.te of any legal right, which he would have if confined in a St. Lucie County cr.))Tcctíonal facility, ~xc(:pt as modified h:::rdn. Taylor County $hal1 not be rcspons:ible for de.f;:nding any post conviction action including appeals and Writ of Habeas Corpus by Þ- Non-County inmàte challenging the urtderiyingjudgmßnt of conviction or the administration of the sentence impo5oo. Section 10. Nodce ß~ Cbims: Within fifteen (15) working dsys after receipt by $1. Lucie County or any of its agents, employees or officer of a SlUU.mOns in any action. or Notice of Claims. 81. L\lcie Co\mty shall notify Taylor County in writing of the receipt Ìhe¡~of. This requirement is jnt~nded to insure that Taylor County's defense of the claim is not harmed by failure to oomply with the notice requ.irements, Failure to co:nply v.ith the notict: reqLÜrements Ca1"¡result in Taylor County's refusal to be held lìable for ¡my and a.U acts or omissions due to n¢g1ígence Of¡ the part ùf 81. Lucie County or any of its agents, employees) or officers, if such failure to notify results in prejudice to Taylor County, 51. Lude County or a11Y of its 2.gð1ts, employees or officers. Likewise, Withùl fifteen (15) Working days after receipt by Taylor County or any of its agentS, employees or officers or a summons in any action or notice of claim, Taylor County ahall notify St. Lucie County in writing ofthe receipt thereof. This requirement is intended to insure that St. Lucie CO\Ulty'S defense of a claim is not haImoo by i:\ íaHure to c,omply wit.'1 the notice requirç;¡:nents. Failure to comply with the nöticc: requirements can result in St. Lucie's refusal to be held liable for any and all acts O~ omis$iotlS due to negligetlcc on the part ofSt. Lucie County or any of its ag~11t3. employees or officers, if such fcilure 10 notify results in prejudice to St. Lucie County, or any of its ag\Jnts. employees or officers. Section 1 L prior Occurrence: With respe-çt to Non-County In...î1ates, Taylor County shall not be: responsible for any lOSS~5 or costs resulting from litigation or claims during the time this Contract is effective or for lawsuits iJrising thereafter relating to events or conditions, whiçb occum:d or existed prior to the effective date of the Contract. Taylor County a:;'>Tees to cooperate 'Vf-ith 81. Lucie County in defense of thesc suits or claims. Taylor County and 51. Lucie Coun1y agree that each ag:ncy shall b:: responsible for &'1y and a.ll nets or omissions due to negligence of their respective officers, QIDployees or agents. HowevÇT, nothing be:J:em is intended to deprive St. Lucie County, tho Taylor County Sheriff, Taylor County Of any of their officm, agent8 or employees of th:: benefits of any law limiting exposure to liability or se:ttm.g a ceiling on dam,?ges, or both, or of any law establishing a defense to any claim Mserted against any of Lhem. 3 - - 8:,/:::8l20~4 ).~4 850-838-3527 TA CiJ ~;HERIFFS ItlV 'w PI.\GE 8::, Settion 12. Notices: All noticæ required under this Contr$ct will be sent by cenit1eð mail, retum recéipt requestðd: To Taylor County Attll: Patricia Patterson Chairm~ of the Board P. O. Bùx 620 Pm)'. Florida 32348 (850) 838-3500 Te, St. Lucie County Do' ¡g AndeìQon CO\.Ulty Administrator 2300 Virginia Ave. Ft. Pierce. Florida 34982 Section 13. Non-Discrîmht:ttion: S1. Lucie COlUJty is an Equal Opportunity Employer. Secdou14. Third Part) Rights: The provisions ofthis Contract are for the sole benetìt of th,~ parties h~reto and will not be construed as conferring any rights on any other person OJ entity. S~ct on 15. Miscdl.2nWus: 'This Contract embraces an terms, conditiór.u. a,11d understanding between, TE.ylor County Board of CO\l."lty Commissioners, and St. Lucie County, Florida. Sp.€:tion Hi. Re$o}uûOJ\ of Disputes and Venue: Any controversy, claim or dispute ~ising out of or in connec:tion v..1th tlris CQntract, including without limitation the intended meaning or applic3tion of any provision of this Contract or the performance of any civil obligation under fui~ Contract, SMU first be referred to medication before a certified circuit court civil mediator, who shall be chosen by the Chief Judge ofthe Third Judicial Circuit in e-::d for Taylor County, Florida, which sl-.a11 be. the sole court ofve:t1ue and jurisdiction- 4 ~ ,/ ~ '-' ...,.I ITEM NO. RA 3 DATE: June 15, 2004 AGENDA REQUEST REGULAR: (X) PUBLIC HEARING: ( ) CONSENT: ( ) SUBMITTED BY (DEPT): ADMINISTRATION Dougl s MAnderson County ministrator TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Sheriff's Additional Budget Request BACKGROUND: See attachment FUNDS AVAILABLE: $400,000 Sheriff's Correction Deputies Contingency PREVIOUS ACTION: NJA RECOMMENDATION: This request be discussed by the Board o APPROVED 0 DENIED K OTHER: Continue to July 13,2004 BOCC Agenda for more infonnation. CO:M-- Douglas Anderson County Administrator COMMISSION ACTION: Review and Approvals º County Attorney: -º Management and Budget: º Purchasing: º Originating Dept: º Other: º Other: º Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. ~ -..J .,. ):1. ._ r'ER~"'--- <-'-.'""~. ?~-'LlTë/~~~'-::A" ",:--¡¡;;-,.-{ ~Wy., l' "'''''-.' , .'.." -, '-"- ,- ~- '--L.-'.'(? , ~f " . ~C''-_, "'f",A,; y~~' r~; ...~-:: ~ùeríff KENJ.MASCARA œ' ~" ~ o Telephone: (772) 462-3200 . Fax: (772) 489-5851 4700 West Midway Road' Fort Pierce, Florida 34981 June 14,2004 Ms. Paula Lewis, Chair St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 Hand-deli vered I> I) (;1 () r1 (). . IJI'~. vJ c; flí, t 6 ¡Yl/Î/V Dear Madam Chair Lewis: Continued overcrowding at the St. Lucie County jail has been the subject of prolonged discussion over the past few months at Board of County Commissioners meetings and between myself, Sheriff s staff and the county administrator, as well as other county staff members. As I have repeatedly stated, the overcro\vding has caused a severe strain on the jail staff, both sworn and civilian, as well as the overall budget. The first unbudgeted factor straining this fiscal year's budget occurred as a result of the continued cost associated with providing security for the contracted security upgrade at the jail. Even though the security upgrade began in February 2003 and was scheduled to end in calendar year 2003, the project is not yet completed. The budget impact for fiscal year 2003-2004 attributable to this factor is $484,154. In May 2003, when I submitted my proposed budget for the current fiscal year, I fully expected that, pursuant to the Board of County Commissioners' vote in May 2003 to expand the jail's number of permanent beds, deputies would be moving inmates into one of the new structures last month, and into the second new structure this month. The direction given to me was that as we approached the move-in date, I would submit a supplemental budget request to cover the expansion costs to the Sheriffs Office. Regrettably, the move-in date is now set one year later than originally anticipated. This unfortunate circumstance has not diminished the fact that we have a continuously growing jail population, which, as of today, is 1,250. I have all of the costs of the expanded jail population without the human resources and capital facilities to accommodate that population. Once it became clear that the increasing jail population was pushing costs upward and beyond the capacity of the current fiscal year budget to accommodate these costs, I put into effect a series of .~~r<='n~nr<=' f) r.?~(, 1..___;.\ "'~, ~'-' t s ); ., _0- .....--........ - 1'1:\ .'. I JUN__~ 5 2004 \j r-r'\ t, r.~AII\I (ìç::ç::Ir.ç: .....; - ~ ~: Ms. paula Lewis, Chair June 14-,2004- Page 2 cost-cutting measures. These include: limiting non_detention-related overtime, severely curtailing out_of-tOwn traYel, restricting purchases to emergency needs only and halting educatlOn and other training opportunities outside the Sheriffs Office. I also hO"e used an non-ta~ revenues aval\able to me. The fu\\ effect o[these cost-cutting measures has not yet been funy realized. In order to have qualified and trained employees ready to staf[the neW jail structures, 1 have bad to begin hiring personnel in the current fiscal year. During budget deliberations a year ago, 1 made the Board of County Commissioners aware of this when 1 requested S 750,000 for these costs. The Board's direction at the time waS that 1 would submit this request as the hiring process progressed. ~ That time has am ved. 1 am noW requesting 5527 ,477.98 pursuant to the Board of County commissioners' direction regarding costs to hire, train and equip the additional personnel. 1 have attached schedules detailing the costs of the construction security details for county construction as we\\ as my request for funds for the neW employeeS we are hiring, equipping, and training. If these trends continue, there could be a need for a supplemental budget request ptior to year's end. This request wiU be considerably less than the 52J miUion supplemental budget request 1 would haYe had to submit to YOu to operate the neW jail structures, had these structures been completed as originally anticipated. 1 wiU keep the Board apprized on a monthly basis o[the budget impact that the jail overcrowding is caus1ng. 1 continue to look forward to working with yoU and your staff in a co\\aborative effort to creatively address this difficult situation. Sincerely, // /< ' . ¿:' . A-:¿:/ß/?---~~- Ken J :iv1ascara-- /Sheriff C. Doug Anderson, County Administrator Board of County Commissioners Attachment - "-' '"4IIIiI ' "' Budget Request for New Deputies Salaries and Benefits Cost of Academy Psychological exam/polygraph Bond and Liability Insurance To be paid from impact fees Equipment for new deputies Total ~ - 424,787.98 30,800.00 6,890.00 26,000.00 488,477.98 39,000.00 527,477.98 ....,¡ - , ~ ~ .",J NEW JAIL EMPLOYEES NAME DATE OF MONTHLY MONTHS TOTAL HIRE SALARY/BENEFITS UNCERTIFIED 03-01-04 3,720,83 7 26,045.81 CERTIFIED 03-29-04 4,046.04 6 24,276.24 CERTIFIED 04-05-04 4,086.47 6 24,518.82 CERTIFIED 04-05-04 4,256.90 6 25,541.40 CERTIFIED 04-05-04 4,256.90 6 25,541.40 UNCERTIFIED 04-12-04 3,720.83 5,5 20,464.57 UNCERTIFIED 04-12-04 3,720.83 5.5 20,464,57 UNCERTIFIED 04-12-04 3,720.83 5.5 20,464.57 UNCERTIFIED 05-03-04 3,720.83 5 18.604,15 UNCERTIFIED 05-03-04 3,720.83 5 18,604,15 UNCERTIFIED 05-10-04 3,720.83 4.7 17,487.90 CERTIFIED 06-07 -04 4,086.47 4 16,345,88 UNCERTIFIED 06-07 -04 3,720.83 4 14,883.32 UNCERTIFIED 07-01-04 3,720.83 3 11,162.49 4 CERTIFIED 07-01-04 4,256.90 4 3 51,082.80 8 UNCERTIFIED 07-01-04 3.720.83 8 3 89.299,92 424,787.98 r~' . ~ '-' AGENDA REQUEST ITEM NO. 5/4 DATE: June 15, 2004 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Ordinance No. 04-023 - St. Lucie County Water & Sewer District BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: Permission to advertise was granted on May 11, 2004. RECOMMENDA TION: Staff recommends that the Board adopt Ordinance No. 04-023 and authorize the Chairman to sign the Ordinance. [)I. APPROVED [ ] DENIED C] OTHER: Approved 5-0 With noted changes to map as stated by County Attorney. Douglas Anderson County Administrator COMMISSION ACTION: County Attorney: Jd. Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng,: Finance: (Check for copy only, if applicable) Eff.5/96 ~ '-" '-tI INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY I FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 04-782 DATE: May 28, 2004 SUBJECT: Ordinance No. 04-023 - St. Lucie County Water & Sewer District ************************************************************************** BACKGROUND: Pursuant to the County's Comprehensive Plan, the County is charged with providing needed public utilities in a manner which provides the most effective, environmentally sound, safe and economic potable water systems consistent with present demand and future growth requirements and which promotes orderly, compact urban growth. As the County expands its water and wastewater utility systems, the County's utility advisors have recommended that the County create a water and sewer district pursuant to Part II of Chapter 153, Florida Statutes. The purpose of the District would be to provide better financing opportunities for utility projects and more flexibility for the provision of utility services. As drafted, the Utility District would be a dependent district of the County. This means that the five (5) members of the District Commission would be the five (5) members of the Board of County Commissioners. Permission to advertise was granted on May 11, 2004 and notice was published in the Tribune on May 25, 2004. - - ~ '..I RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 04-023 and authorize the Chairman to sign the Ordinance. Daniel S. McIntyre County Attorney DSM/caf Attachment - ~ .....,¡ ORDINANCE NO. 04-023 AN ORDINANCE OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CREATING A SPECIAL WATER AND SEWER DISTRICT WITHIN THE UNINCORPORATED AREA OF ST. LUCIE COUNTY; ADOPTING A UTILITY DISTRICT CHARTER SETTING FORTH THE PURPOSE OF THE DISTRICT; ESTABLISHING THE ORGANIZATION AND DUTIES OF THE DISTRICT GOVERNING BODY; SETTING FORTH POWERS OF THE DISTRICT; PROVIDING FOR CONSISTENCY WITH THE COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the County's Comprehensive Plan, Chapter 6(A) Sanitary Sewer Sub-Element and Chapter 6(D) Potable Water Sub-Element, Goal 6A.l and Goal 6D.1, the County is charged with providing needed public utilities in a manner which provides the most effective, environmentally sound, safe and economic wastewater and potable water systems consistent with present demand and future growth requirements and which promotes orderly, compact urban growth; and WHEREAS, pursuant to County Comprehensive Plan, Directive 6A.l.l and Directive 6D.l.l, wastewater and potable water facilities shall be provided by the County in a manner that shall not promote a pattern of development that would result in low density sprawl across the unincorporated areas of the community; and WHEREAS, pursuant to County Comprehensive Plan, Objective 6A.l.2 and Objective 6D.l.2, the County shall implement procedures for ensuring that when a development permit is issued, adequate facility capacity is available or will be available when needed to serve the development, concurrent with the impacts, in order to meet adopted level-of-service standards; and, 1 - .....,. ~. WHEREAS, the County Utility Department must comply with and implement the growth management Goals, Directives and Objectives adopted by the County Commission, and must accordingly provide for utility infrastructure planning, financing and implementation to be able to meet the utility infrastructure needs of development within the County that has been permitted by the County Commission; and WHEREAS, the planning, financing and implementation of utility infrastructure requires significant lead time in advance of development, and in order to properly effect the development decisions of the County Commission within the unincorporated areas of the County in a coordinated, orderly, technically and economically efficient manner, a county-wide utility infrastructure implementation mechanism is necessary and deemed the optimum mechanism for implementing the Comprehensive Plan requirements; and WHEREAS, Chapter 153, Part II, Florida Statutes, authorizes the County Commission to create comprehensive special districts within the unincorporated areas of the County, which special districts can provide the necessary mechanism to plan for, finance and implement county-wide water and wastewater infrastructure to meet the requirements of the County's Comprehensive Plan (the "Water and Sewer District Law"); and WHEREAS, Chapter 189, Florida Statutes (the "Special District Act"), provides the uniform method for the creation of special districts; and WHEREAS, Section 189.4041, Florida Statutes, authorizes the creation of dependent special districts pursuant to a Charter adopted by Ordinance of the County; and WHEREAS> as part of the implementation of the utility service requirements of the County's Comprehensive Plan, the County has entered into various utility related interlocal 2 - ~ ....,¡ agreements with the City of Port St. Lucie, the Fort Pierce Utility Authority, and the City of Fort Pierce ("Utility lnterlocal Agreements"); and WHEREAS, the County has determined that in order to best implement the utility service requirements of the County's Comprehensive Plan and the Utility lnterlocal Agreements, it is in the County's best interests to create a water and sewer utility district pursuant to the provisions of the Special District Act and the County Water and Sewer District Law to acquire, own, improve, expand, operate and maintain the water and wastewater utilities throughout the contiguous unincorporated areas of St. Lucie County. NOW THEREFORE, be it ordained by the Board of County Commissioners of St. Lucie County, Florida: Section 1. CREATION OF SPECIAL DISTRICT/PURPOSE OF SPECIAL DISTRICT/DISTRICT BOUNDARIES. Pursuant to Chapter 153, Part II, Florida Statutes, and Section 189.4041, Florida Statutes, the Board of County Commissioners determines it to be necessary in the public interest to create and there is hereby created a dependent special district to be known as the "St. Lucie County Water and Sewer District" ("District"). The boundaries of the district shall be the contiguous unincorporated area of St. Lucie County, as identified on Attachment A to the District Charter as adopted below. The purpose of the special district is to consolidate certain existing County utility facilities into a single operating entity, and to acquire, own, operate, lease and maintain water and sewer systems in the unincorporated area of St. Lucie County, Florida. The Board of County Commissioners hereby declares that a dependent special district is the best means of establishing these public purposes and for acquiring, leasing, operating and managing assets of water and sewer systems within the District. 3 "" "-" Section 2. ADOPTION OF SPECIAL DISTRICT CHARTER. The Board of County Commissioners hereby adopts the Charter attached as Exhibit A to this Ordinance (the "District Charter") to implement the provisions of this Ordinance and delineate the powers and authority of the District. Section 3. BUDGETING AND FINANCIAL REPORTING REQUIREMENTS. The District shall comply with all applicable budgeting laws and financial reporting laws including Chapter 200, Florida Statutes, and Sections 218.32, 218.321, 218.33, 218.34 and 218.345, Florida Statutes, as amended from time to time. Section 4. SEVERABILITY. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by a court to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this ordinance. Section 5. EFFECTIVE DATE. This ordinance shall become effective upon filing as provided by law. A certified copy of the ordinance shall be filed with the Office of the Secretary of State, State of Florida, within ten days of enactment. Section 6. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula A. Lewis XXX Vice Chairman John D. Bruhn XXX Commissioner Cliff Barnes XXX Commissioner Doug Coward XXX Commissioner Frannie Hutchinson XXX 4 v .."",¡ PASSED AND DULY ENACTED this _ day of ,2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 5 Okeechobee Coun~ š:: \l) a :::; CJXj) ClJì1 CD:>- CDìJ <, <c (J) ¡:;<§ ¡:;"J> 1" :-< CD_, CD II uf:. CD 0) CD r- H! î ~m ~o CD QI, m ~"¡Ii srnx p. õ; ?7,QI CDO 0)- G) ¡¡It' 0- O)c =OJ :J m I¡I! gf ~-i -< Z qllt %i -I. 0 ¡ ~ .- ù o o c: :::; ..-+ '< v ...,,¡ DRAFT FOR DISCUSSION PURPOSES 2/23/04 CHARTER OF THE ST. LUCIE COUNTY UTILITY SPECIAL DISTRICT "" "wi TABLE OF CONTENTS ARTICLE I DEFINITIONS SECTION 1.01 DEFINITIONS........................................ .................................................... ....1 ARTICLE II THE DISTRICT SECTION 2.0 1 CREATION........................ ............................................................................4 SECTION 2.02 PURPOSES.....................................................................................................4 SECTION 2.03 DURATION OF AUTHORITY .....................................................................4 SECTION 2.04 GEOGRAPHIC BOUNDARY OF DISTRICT ..............................................4 SECTION 2.05 DECLARATION REGARDING COMPREHENSIVE PLAN......................5 SECTION 2.06 DISTRICT BEST ALTERNATIVE ....... ........................................................5 SECTION 2.07 DISTRICT FINANCIAL DISCLOSURE, NOTICING AND REPORTING REQUlREMENTS.................................................................5 ARTICLE III BOARD OF DIRECTORS SECTION 3.01 DlRECTORS..................................................................................................5 SECTION 3.02 ACTION..........................................................................................................6 SECTION 3.03 OFFICERS......................................................................................................6 SECTION 3.04 AUTHORITY OF OFFICERS................ ..................... ...................................6 SECTION 3.05 POWERS AND DUTIES OF THE BOARD..................................................6 SECTION 3.06 MEETINGS.................................................................................................... 7 SECTION 3.07 EXPENSES.....................................................................................................8 SECTION 3.08 LIABILITY.....................................................................................................8 ARTICLE IV POWERS AND DUTIES SECTION 4.01 POWERS........................................................................................................8 SECTION 4.02 ANNUAL BUDGET.................................................... .................... .............12 SECTION 4.03 ADOPTION OF RATES, FEES OR OTHER CHARGES........................... 13 SECTION 4.04 OBLIGATIONS ....................................... ........................................ .............14 SECTION 4.05 AD VALOREM TAXATION NOT AUTHORIZED ..................................16 SECTION 4.06 CAPITAL IMPROVEMENT CHARGES.................................................... 17 SECTION 4.07 UNPAID FEES ........................................................................................... ..17 SECTION 4.08 DISTRICT APPROVAL OF CONSTRUCTION OF DISTRICT FACILITIES.................................................................................;........... ...17 SECTION 4.09 PLANNING REQUIREMENT................................................................... ..18 SECTION 4.10 FREE SERVICE......................................................................................... ..18 ~ 'wi ARTICLE V MISCELLANEOUS SECTION 5.0 1 DELEGATION OF DUTY... ................................................. .......................18 SECTION 5.02 IMMUNITy........................................................................... ................ .... ...18 SECTION 5.03 LIMITED LIABILITy................................................................................ .19 SECTION 5.04 AMENDMENTS ........................... ......... .................... ..................................19 SECTION 5.05 SEVERABILITY .................................... .................... ....... ......... .... ............ ..19 SECTION 5 .08 SAVINGS CLAUSE........................................ ........................................... ..19 11 ~ ....,¡ CHARTER OF THE ST. LUCIE COUNTY UTILITY DISTRICT THIS CHARTER, adopted by the County Commission of St. Lucie County, Florida ("County") as of , 2004 (the "Charter"), pursuant to Ordinance No: 2004-_ (the "Enabling Ordinance"); The Charter for the St. Lucie County Utility District, a legal entity and public body and special district of the County, with all of the privileges, benefits, powers and terms of the Special District Act, the County Water and Sewer District Law, this Charter and all other applicable laws, is hereby enacted for the purposes described herein, as follows: ARTICLE I DEFINITIONS SECTION 1.01 DEFINITIONS. The following definitions shall govern the interpretation of this Charter: "Act" shall mean, collectively, the Special District Act, the County Water and Sewer District Law, Chapter 125, Florida Statutes, and other applicable provisions of law. "Commission" shall mean the governing board of the District. "Commissioner" shall mean a member of the governing board of the District. "County" shall mean St. Lucie County, Florida. "County Commission" shall mean the St. Lucie County Board of County Commissioners. "County Utility Facilities" shall mean all water and wastewater facilities, property and assets which are to be acquired by the District from the County. "County Water and Sewer District Law" shall mean Chapter 153, Part II, Florida Statutes, as amended from time to time. "Charter" shall mean this Charter, including any amendments hereto. "Cost" when used in connection with a Project, shall mean (1) the District's cost of construction; (2) costs of acquisition by or for the District of such Project; (3) costs of land and interests thereon and the cost of the District incidental to such acquisition; (4) the cost of any indemnity and/or surety bonds and premiums for insurance during construction; (5) all interest due to be paid on the Obligations relating to the Project during the period of acquisition and construction of such Project and for a reasonable period subsequent to completion of acquisition and construction as the Commission may determine by resolution; (6) engineering, legal and "-' ....,¡ other consulting fees and expenses; (7) costs and expenses of the financing incurred for such Project, including audits, fees and expenses of any paying agent, registrar, trustee, consultants, attorneys, engineers, credit enhancers or depository; (8) payments, when due (whether at the maturity of principal or the due date of interest or upon redemption) on any interim or temporary indebtedness incurred for such Project; (9) costs of machinery, equipment, supplies and spare parts' required by the District for the commencement of operation of such Project or continuation of operation of such Project; (10) any other costs properly attributable to such Project or to the issuance of Obligations which finance or refinance such Project, as determined by generally accepted accounting principles applicable to such Project, and shall include reimbursement to the District for any such items of cost paid by the District prior to issuance of the Obligations issued to finance such Project; and (11) any other costs allowable by the Act. Additional items of cost may be provided pursuant to the Financing Documents. "District Facilities" shall mean the District's water production, transmission, treatment and distribution facilities and property, and the District's wastewater treatment, collection and disposal facilities and property, including reuse and reclaimed water facilities, as they may be modified, improved or expanded from time to time, which are owned, leased, operated, managed and/or used, from time to time, by the District to provide public water and wastewater services. District Facilities shall include all property, real or personal, tangible or intangible, now or hereafter owned, leased, operated or managed by the District in connection with the provision of public water and wastewater services, and any other facilities acquired by the District from time to time for the provision of any other utility services. "Financing Documents" shall mean the resolution or resolutions duly adopted by the District Commission, as well as any indenture of trust, trust agreement or other instrument relating to the issuance or security of the Obligations. "Fiscal Year" shall mean the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be determined by the Commission. "Obligations" shall mean a series of bonds or other evidence of indebtedness, including, but not limited to, notes, commercial paper, capital leases or any other obligations of the District issued hereunder and pursuant to the Financing Documents. Obligations also include payments made to a counterparty in connection with an interest rate swap arrangement relating to other Obligations of the District. "PILOT" shall mean a payment in lieu of taxes from the District to the County, as may be determined by County from time to time, which recognizes that the properties of the District are governmentally owned and exempt from payment of ad valorem and other applicable taxes to the County that would otherwise be due to the County to fund the provision of County services which benefit the properties and utility business of the District. "Pledged Funds" shall mean (1) the revenues, fees, charges, special assessments and other moneys received by the District or its designee relating to its ownership or operation of the District Facilities, or any portion thereof, (2) until applied in accordance with the terms of the 2 '" '-' Financing Documents, all moneys in the funds, accounts and subaccounts established thereby, including investments therein, and (3) such other property, assets and moneys of the District as shall be pledged pursuant to the Financing Documents; in each case to the extent provided by the Commission pursuant to the Financing Documents. The Pledged Funds pledged to one series of Obligations may be different than the Pledged Funds pledged to other series of Obligations. Pledged Funds do not include the fees, charges, special assessments and other moneys derived from a Special Purpose Project. "Project" shall mean any structure, property or facility which the District, from time to time, may detennine to construct or acquire as part of its District Facilities, together with all improvements, equipment, structures and other facilities necessary or appropriate in connection therewith. This tenn is to be broadly construed so as to include any lawful undertaking which will accrue to the benefit of the District Facilities, including joint ventures and acquisitions of partial interests or contractual rights. "Project" shall include, but not be limited to, acquisition of the County Utility Facilities, and the construction of any improvements thereto. "Project" may also include working capital, as well as any costs or judgments associated with litigation. "Special District Act" shall mean Chapter 189, Florida Statutes, as amended from time to time. "Special Purpose Obligations" shall mean Obligations issued to finance or refinance a Special Purpose Project. "Special Purpose Project" shall mean a Project, the revenues and expenses of which, as detennined by the District Commission, are allocated solely to the financing and operations of such Project. "State" shall mean the State of Florida. "Utility Acquisition Agreement" shall mean the agreement between the District and the County relating to the acquisition of the County Utility Facilities. "Utility Services Agreement" shall mean the agreement between the County and the District pursuant to which the County may provide operating and management personnel to the District and shall provide other general fund services for the District, including, but not limited to, the services of the County Financial Department, Legal Department, Clerk's Office and County Manager's Office. "Utility System" shall mean the District Facilities. Capitalized tenns used in this Charter shall have the meanings, if any, given to them above, and in addition shall have the meanings, if any, given to them in the Act. Whenever any words are used in this Charter in the masculine gender, they shall be construed as though they were also used in the feminine or neuter gender in all situations where they would so apply, and whenever any words are used in this Charter in the singular fonn, they shall be construed as though they were also used in the plural fonn in all situations where they would so apply. 3 v ...." ARTICLE II THE DISTRICT . SECTION 2.01 CREATION. Pursuant to the provisions of the Special District Act, as adopted and amended from time to time by the Florida Legislature, and the singular uniform method of creation of special districts set forth therein, the County hereby creates and establishes the "St. Lucie County Utility District", a special district, legal entity, and local unit of special purpose government, with all of the privileges, benefits, powers and terms provided for herein and by the Act. SECTION 2.02 PURPOSES. (A) The purpose of this Charter is for the establishment of the District in accordance with the Act in order to: (i) acquire the County Utility Facilities, and to make improvements and extensions to such facilities; (ii) construct, own, improve, expand, operate, manage and maintain the District Facilities; (iii) provide the most economic and efficient water, wastewater and reclaimed water utility services to retail and bulk service customers within the District and environs thereof in a non-discriminatory manner; and (iv) make provision for rates, fees and charges sufficient to fully fund the operations, maintenance, administration, renewal, replacement, expansion, debt service and reserves for the Utility System. (B) The creation and organization of the District and the fulfillment of its objectives serves a public purpose, and is in all respects for the benefit of the persons or entities served and to be served by the District Facilities. The District is performing an essential governmental function. All property of the District is and shall in all respects be considered to be public property, and the title to such property shall be held by the District for the benefit of the public. The use of such property shall be considered to serve a public purpose, until disposed of upon such terms as the District may deem appropriate. Insofar as provided for by law, all Obligations and interest or income thereon and all the property, facilities, services, activities and revenues of the District are declared to be nontaxable for any and all purposes by the State or federal government or any unit of the State or federal government to the same extent as if owned or issued directly by or on behalf of the County. SECTION 2.03 DURATION OF DISTRICT. The District shall exist so long as any portion of the District Facilities is owned, operated, leased or managed by the District or the District has Obligations outstanding. At such time as the District no longer owns, operates, leases or manages any portion of the District Facilities and no Obligations are outstanding, the District shall automatically dissolve unless the County adopts a resolution providing otherwise. In the event of dissolution, any assets of the District shall be distributed to the County. SECTION 2.04 GEOGRAPHIC BOUNDARY OF DISTRICT. The geographic boundary of the District shall encompass the contiguous unincorporated areas of the County as more particularly described on Attachment A to this Charter. The District shall be authorized to provide water, wastewater and reclaimed water utility service within the geographic boundary of the District and its environs as further provided in the Act. Notwithstanding the geographic 4 ---~ ~ ..",,¡ boundaries of the District, the District shall comply with and be governed by the provisions of the contractual obligations of the County set forth in the GDU Utility Purchase Agreement between the County and the City of Port S1. Lucie, Florida (the "PSL/GDU Agreement") and set forth in the lnterlocal Agreement among the County, City of Fort. Pierce, Florida and Fort Pierce Utility Authority (the "FPUA lnterlocal Agreement"). SECTION 2.05 DECLARATION REGARDING COMPREHENSIVE PLAN. The County declares that the creation of the District is consistent with the County's approved Comprehensive Plan. SECTION 2.06 DISTRICT BEST ALTERNATIVE. The District is the best alternative for providing utility services as the creation of the District provides for better allocation of County resources, better financing opportunities for Projects and more flexibility for the provision of utility services. SECTION 2.07 DISTRICT FINANCIAL DISCLOSURE, NOTICING AND REPORTING REQUIREMENTS. The District shall comply with the financial disclosure, noticing and reporting requirements set forth in the Special District Act, and other applicable laws. ARTICLE III DISTRICT COMMISSION SECTION 3.01 COMMISSIONERS. (A) There shall be five (5) members of the District Commission, which shall be members of the County Commission. The members of the District Commission shall serve tenns equal to the tenns of the County Commission. Vacancies on the District Commission shall be filled by appointment by a majority of the members of the District Commission for the unexpired tenn. A vacancy on the County Commission shall automatically constitute a vacancy on the District Commission. (B) Vacancies on the District Commission shall be filled by appointment by a majority of the members of the District Commission for the unexpired tenn. (C) The District Commission shall have plenary power to acquire, operate, manage, improve, repair, replace, extend, expand, and renew any type of utility property, to borrow money, grant liens to secure its obligations, to enter into contracts relating to its activities, condemn property through the exercise of eminent domain, and to fix, charge and collect rates, fees and charges for the use of, or in connection with, with facilities of the District without the necessity of review, oversight, input or approval from the County, the State or any other commission or authority of the foregoing. 5 - --- ~ ..." (D) The County shall have no authority to require the District to use the District's funds or assets for any particular purpose, to cause the dissolution of the District, or to review the District's books, other than the general rights granted to the County under State Law. The County may, however, contract with the District to provide such services as may be deemed necessary or desirable by the County. SECTION 3.02 ACTION. (A) The affairs, actions and duties of the District shall be undertaken at a duly called meeting pursuant to Section 3.06 hereof. (B) At any meeting of the District at which any official action is to be taken, a majority of all Commissioners shall constitute a quorum. A majority vote of a quorum of the Commissioners present at a duly called meeting shall constitute an act of the District, except as hereinafter provided or otherwise provided by law. (C) A ce11ificate, resolution or instrument signed by the Chairperson, Vice- Chairperson or such other person of the District as may be hereafter designated and authorized by the Commission shall be evidence of the action of the District and any such certificate, resolution or other instrument so signed shall conclusively be presumed to be authentic. Likewise, all facts and matters stated therein shall conclusively be presumed to be accurate and true. SECTION 3.03 OFFICERS. The Directors shall annually elect a Chairperson and Vice Chairperson of the Commission. Pursuant to the Act and the Utility Services Agreement, the County Clerk, County Finance Director, and County Attorney shall act as the District Clerk, District Finance Director and District Attorney, respectively. SECTION 3.04 AUTHORITY OF OFFICERS. (A) The Chairperson and the Vice-Chairperson shall take such actions, have all such powers and sign all documents on behalf of the District and in furtherance of the purposes of this Charter as may be approved by resolution of the Commission adopted at a duly called meeting. (B) The Clerk, or its designee, shall keep minutes of all meetings, proceedings and acts of the Commission, but such minutes need not be verbatim. Copies of all minutes of the meetings of the District shall be sent by Clerk to all Commissioners to the District. The Clerk may also attest to the execution of documents. The Finance Director shall have such powers and duties over the finances of the Commission as over the finances of the County, and further powers and duties as may be approved by resolution of the Commission adopted at a duly called meeting. SECTION 3.05 POWERS AND DUTIES OF THE COMMISSION. The Commission shall act as the governing board of the District and shall have, in addition to all other powers and duties described herein and provided by law, the following powers and duties: 6 "" ....,¡ (A) To fix the time and place or places at which its regular meetings shall be held, and to call and hold special meetings. (B) To make and pass rules, regulations, resolutions and orders not inconsistent with the Constitution of the United States or of the State, the Act or this Charter, necessary for the governance and management of the affairs of the District, for the execution of the powers, obligations and responsibilities vested in the District, and for carrying into effect the provisions of this Charter. (C) To create any and all necessary offices in addition to Chairperson, Vice- Chairperson, Clerk and Finance Director; to establish the powers, duties and compensation of all employees; and to require and fix the amount of all official bonds necessary for the protection of the funds and property of the District. (D) To enter into the Utility Service Agreement and other required agreements with the County for the provision of services by the County to the District. (E) To employ or hire such attorneys or firm(s) of attorneys, as it deems appropriate to provide legal advice and/or other legal services to the District, and to employ and hire such other consultants as it deems appropriate. (F) To acquire, by any means, including, but not limited to, eminent domain, any real or personal, tangible or intangible property, both within the boundaries of the District and its environs, as limited by the Act. SECTION 3.06 MEETINGS. (A) The Commission shall convene at a meeting duly called by either a majority of the Commissioners or the Chairperson. The Commissioners may establish regular meeting times and places. Meetings shall be conducted at such locations as may be determined by the majority of the Commission or the Chairperson. Notice of a meeting, unless otherwise waived, shall be furnished to each Commissioners not less than seven (7) calendar days prior to the date of such meeting; provided the Chairperson or, in his/her absence or unavailability, the Vice-Chairperson, may call a meeting upon twenty-four (24) hours written notice, if such officer determines an emergency exists. All meetings shall be noticed in accordance with applicable law. Provided there is a quorum of Commissioners physically present at the meeting, the Commissioner present may permit any other Commissioner to participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication by which all Commissioners participating, and all members of the public present, may simultaneously hear each other during the meeting. A Commissioner participating by this means is deemed to be present in person at the meeting. (B) Within thirty (30) calendar days of the creation of the District, the duly appointed Commissioners shall hold an organizational meeting to elect officers and perform such other duties as are provided for under this Charter. 7 ~ "" SECTION 3.07 EXPENSES. The District may establish, from time to time, procedures for reimbursement for reasonable expenses incurred in furtherance of the District's operation. The Directors shall determine compensation, if any, to be paid to the Directors, as limited by the requirements oflaw. . SECTION 3.08 LIABILITY. No Commissioner, agent, officer, official or employee of the District shall be liable for any action taken pursuant to this Charter or for any omission, except gross negligence, or for any act of omission or commission by any other Commissioner, agent, officer, official or employee of the District. ARTICLE IV POWERS AND DUTIES SECTION 4.01 POWERS. (A) The District shall have all powers to carry out the purposes of this Charter, including, but not limited to, the following powers which shall be in addition to and supplementing any other privileges, benefits and powers granted by the Act: (i) To exercise all powers that were exercisable by the County prior to transfer of the District Facilities to the District, and that would be exercisable by the County had the County retained ownership of the District Facilities. (ii) To acquire, construct, own, operate, manage, maintain, dispose of, improve, extend and expand the District Facilities, and to have the exclusive control and jurisdiction thereof. (iii) To provide for mandatory water, wastewater and reclaimed water or other utility service of potential customers upon availability of service by the District. (iv) To fix, levy and collect rates, fees and other charges from persons or property, or both, for the use of the services, facilities and product of the District Facilities or to pay the operating or financing costs of the District Facilities available to potential users; to fix and collect charges for making connections with the District Facilities to impose impact fees and reservation fees on new users of the District Facilities and, to the extent provided by law, to provide for reasonable penalties to be imposed on any users or property for any such rates, fees or charges that are delinquent. (v) To enter into the Utility Services Agreement and to contract for the service of engineers, accountants, attorneys and other experts or consultants, and such other agents and employees as the Commission may require or deem appropriate from time to time. (vi) To acquire such lands and rights and interests therein, including lands under water and riparian rights and to acquire such personal property, tangible or 8 '- ...,.¿ intangible, as the District may deem necessary and appropriate in connection with the acquisition, ownership, expansion, improvement, operation and maintenance of the District Facilities, to hold and dispose of all real and personal property under its control, and to exercise the power of eminent domain in accordance with applicable law within the boundaries of the District and its environs for the purpose of carrying out the intent of this Charter, as limited by the Act. (vii) To exercise exclusive jurisdiction, control and supervIsIOn over the District Facilities and to make and enforce such rules and regulations for the maintenance, management and operation of the District Facilities as may be, in the judgment of the Commission, necessary or desirable for the efficient operation of the District Facilities in accomplishing the purposes of this Charter. (viii) To enter into charters and interlocal Agreements or join with any other special purpose or general purpose local governments, public agencies or authorities in the exercise of common powers or to assist the District in acquiring land and rights or interests therein, and to assume any such existing agreements of the County relating to the District Facilities. (ix) To contract with private or public entities or persons to provide, treat or receive water or to provide or receive wastewater disposal, collection or treatment, or to provide or receive any other utility service. To contract with the County or any private or public entity or person for the operation or administration of the District or the District Facilities. (x) To prescribe methods of pretreatment of industrial wastes not amenable to treatment with domestic wastewater before accepting such wastes for treatment and to refuse to accept such industrial wastes when not sufficiently pretreated as may be prescribed, and, to the extent pennitted by law, to prescribe penalties for the refusal of any person or corporation to so pretreat such industrial wastes. (xi) To the extent provided by law, to require and enforce the use of services, products and facilities of the District whenever and wherever they are accessible, and to require and enforce the installation and dedication to the District of water and wastewater facilities or easements as a condition precedent to the provision of service by the District or by another entity authorized by the District to provide interim service until District services, products and facilities are available. (xii) To accomplish construction directly or by letting construction contracts to other entities, whether public or private, for all or any part of the construction of improvements to the District Facilities as detennined by the Commission in accordance with applicable law. (xiii) To construct, maintain and operate connecting, intercepting, or outlet wastewater, wastewater and reclaimed water mains and pipes and water mains, conduits or pipelines in, along or under any streets, alleys, highways or other public places or ways 9 ~ ."-tI regulated by or under the jurisdiction of the State or any political subdivision or municipal corporation when necessary or convenient for the purposes of the District. (xiv) Subject to such provisions and restrictions as may be set forth in any Financing Document, to enter into contracts with the government of the United States or any agency or instrumentality thereof, the State, or with any municipality, county, district, District, political subdivision, private corporation, partnership, association or individual providing for or relating to the treatment, collection and disposal of wastewater, or the treatment, supply and distribution of water, or the treatment, supply and distribution of reclaimed water, and any other matters relevant thereto or otherwise necessary to effect the purposes of this Charter. To receive and accept from any federal or State agency, grants or loans for or in aid of the planning, construction, reconstruction or financing of improvements, additions or extensions to the District Facilities and to receive and accept aid or contributions or loans from any other source of either money, labor or other things of value, to be held, used and applied only for the purpose for which such grants, contributions or loans may be made. (xv) To assume the ownership, lease, operation, management and/or control of any publicly or privately owned water, wastewater and reclaimed water facilities, including the assumption of the financial liabilities associated with such water, wastewater and reclaimed water facilities. (xvi) To impose special assessments and to divide the District Facilities into separate units, benefit areas, subsystems or subdistricts, including Utility Systems, for imposing special assessments, setting rates, accounting or financing improvements or additions, levying permissible taxes, or any other purpose. (xvii) To appoint advisory boards and committees to assist the Commission in the exercise and performance of the powers and duties provided in this Charter. (xviii) To sue and be sued in the name of the District. (xix) To adopt and use a seal and authorize the use of a facsimile thereof. (xx). To contract with the County to administer and operate the District Facilities, or any portion thereof. (xxi) Subject to such provisions and restrictions as may be set forth herein and in any Financing Document, to sell or otherwise dispose of the District Facilities, or any portion thereof, upon such terms as the Commission deems appropriate. (xxii) To acquire, by purchase, gift, devise, eminent domain or otherwise, and to dispose of, real or personal property, tangible or intangible, or any estate therein. (xxiii) To make and execute contracts or other instruments necessary or convenient to the exercise of its powers. 10 '- ....¡ (xxiv) To provide for audits of the District as the Commission deems appropriate and as required by applicable law. (xxv) To maintain an office or offices at such place or places as the Commission may designate from time to time. (xxvi) To hold, control and acquire by donation or purchase, or dispose of, any public easements, dedications to public use, platted reservations for public purposes, or any reservations for those purposes authorized by this Charter and to make use of such easements, dedications and reservations for any of the purposes authorized by this Charter, and to utilize all easements, dedications and reservations in favor of or in the name of the County, which rights, to the extent legally necessary, are specifically assigned, licenses and granted to the District by the County. (xxvii) To lease, as lessor or lessee, to or from any person, firm, corporation, association or body, public or private, facilities or property of any nature to carry out any of the purposes authorized by this Charter. (xxviii) To incur or issue Obligations including Special Purpose Obligations to finance and refinance Projects including Special Purpose Projects. (xxix) To assess, levy, impose, collect and enforce special assessments to provide assessable improvements upon all or any portion of the lands served by the District, both within and outside the municipal boundaries of the District. Such special assessments may be apportioned among benefited property in a manner proportionate with the benefits received or commensurate with the burdens alleviated by the maintenance and use of property based upon such factors or combination of factors as determined by resolution of the Commission. Such special assessments may, in the discretion of the Commission, be imposed, collected and enforced using any methods and procedures authorized by law, including Section 197.3632, Florida Statutes; or the Commission may adopt by resolution its own method or procedures or use any other method or means for levy, imposition, collection and enforcement not inconsistent with law. (xxx) To apply for and accept grants, loans and subsidies from any governmental entity for the acquisition, construction, operation and maintenance of the District Facilities, and to comply with all requirements and conditions imposed in connection therewith. (xxxi) To the extent allowed by law and to the extent required to effectuate the purposes hereof, to exercise all privileges, immunities and exemptions accorded municipalities and counties of the State under the provisions. of the constitution and laws of the State. 11 '-' .-....1 (xxxii) To invest its moneys in such investments as directed by the Commission in accordance with State law and which shall be consistent in all instances with the applicable provisions of the Financing Documents. (xxxiii) To purchase such insurance as it deems appropriate. (xxxiv)To make PILOT payments to the County, and to pay any other federal, state and local governmental fees and charges related to the operation and ownership of the District Facilities. (xxxv) To do all acts and to exercise all of the powers necessary, convenient, incidental, implied or proper in connection with any of the powers, duties or purposes authorized by this Charter or the Act, provided that the District shall have no taxing power. (B) In exercising the powers conferred by this Charter the Commission shall act by resolution or motion made and adopted at duly noticed and publicly held meetings in confonnance with applicable law. (C) The provisions of Chapter 120, Florida Statutes, shall not apply to the District. SECTION 4.02 ANNUAL BUDGET. (A) Prior to October 1 of each year the Commission will adopt an annual budget for the District. Such budget shall be prepared in the manner and within the time periods required for the adoption of a tentative and final budget for the County. The annual budget shall contain an estimate of receipts by source and an itemized estimation of expenditures anticipated to be incurred to meet the financial needs and obligations of the District. (B) The adopted budget shall be the operating and fiscal guide for the District for the ensuing Fiscal Year. The Commission may from time to time amend the budget at any duly called regular or special meeting. (C) This District is a Dependent Special District as defined in the Special District Act. Accordingly, the District shall provide financial reports in such fonn and in such manner as prescribed pursuant to this Charter, the Special District Act, Chapter 218, Florida Statutes, and other applicable laws. (D) The Commission shall cause to be made at least once a year, within one hundred eighty (180) days of the end of the Fiscal Year, a report of the District Facilities, including all matters relating to expansions, acquisitions, rates, revenues, expenses, principal and interest requirements of the Obligations and the status of all funds and accounts. Copies of such report shall be filed with the Clerk and shall be open to public inspection. The report shall be known as the "Annual District Facilities Report". The Annual District Facilities Report may be included as a part of any other report or reports required by law or may be issued separately. The Clerk shall provide the County with a copy of the Annual District Facilities Report. 12 '-' ...",.¡ SECTION 4.03 ADOPTION OF RATES, FEES OR OTHER CHARGES. (A) The Commission shall adopt by resolution a schedule of rates, fees or other charges for the use of the services, facilities and products of the District Facilities to be paid by each 'customer which may be connected with or provided service by such District Facilities. The District may establish separate rates, fees and charges for different portions of the District Facilities. Upon acquisition of the District Facilities by the District, the existing rates, fees and other charges of the County will be automatically adopted as the rates, fees and other charges of the District, until revised by the District Commission. (B) Such rates, fees and charges shall be adopted and revised by the Commission so as to provide moneys, which, with other funds available for such purposes, shall be at least sufficient at all times to pay the expenses of operating, managing, expanding, improving and maintaining the District Facilities, including renewal and replacement reserves for such District Facilities, to pay the expenses of the Utility Services Agreement, and to pay the principal and interest on the Obligations as the same shall become due and reserves therefore, and to provide a reasonable margin of safety over and above the total amount of such payments. Notwithstanding any other provision in this Charter, such rates, fees and charges should always be sufficient to comply fully with any covenants contained in the Financing Documents. The District shall charge and collect such rates, fees and charges so adopted and revised, and such rates, fees and charges shall not be subject to the supervision or regulation by any other commission, board, bureau, agency or other political subdivision of the State. (C) Such rates, fees and charges for the District Facilities shall be just and equitable and uniform for the users in the same class and may be based upon or computed upon any factor or combination of factors affecting the use of the services, products or facilities furnished to the customers of such District Facilities, as may be determined by the Commission from time to time. No rates, fees or charges shall be fixed, adopted or revised under the foregoing provisions of this Section 4.04 until after notice in accordance with Section 180.136, Florida Statutes, and other applicable provisions of the Act is provided by the District. (D) The rates, fees or charges adopted for any class of customers served shall be extended to cover any additional customers thereafter served which shall fall within the same class, without the necessity of any further hearing or notice. (E) The rates, fees and charges of the District shall be automatically increased without further action of the District Commission based upon the application of the Florida Public Service Commission utility price indices, as established from time to time by the Florida Public Service Commission pursuant to Florida Statute section 367.081(4)(a), as amended, to the then existing rates, fees and charges of the District. Prior to application of this automatic cost escalation provision, the District Utility Director shall submit to the Commission at a Commission meeting a report detailing the amount of the escalation and the new rates as revised. Unless the Commission votes to withhold the automatic cost escalation, the District's rates, fees, and charges tariff shall be adjusted pursuant to this section as required effective as of the first billing cycle after the Commission's meeting. The rates, fees and charges of the District shall 13 '-' ....¡ further be automatically increased without further action of the Commission based upon the implementation of a rate increase to the Commission by any utility which provides utility service to the Commission, or upon implementation or increase of any taxes or PILOT levied by a governmental authority against the Commission, or upon an increase of costs incurred for water quality or wastewater quality testing required by the Department of Environmental Protection. Prior'to application of this automatic cost escalation provision, the District Utility Director shall submit to the Commission at a Commission meeting a report detailing the amount of the escalation and the new rates as revised. Unless the Commission votes to withhold the automatic cost escalation, the District's rates, fees, and charges tariff shall be adjusted pursuant to this section as required effective as of the first billing cycle after the Commission's meeting. Notwithstanding the provisions of Section 4.03(C) hereof, no public hearing shall be required for the automatic adjustments set forth in this section (E). SECTION 4.04 OBLIGA TIONS. (A) The Commission shall haye the power and it is hereby authorized to provide pursuant to the Financing Documents, at one time or from time to time in series, for the issuance of Obligations of the District, or notes in anticipation thereof, for one or more of the following purposes: (i) Paying all or part of the Cost of one or more Projects, (ii) Refunding any bonds or other indebtedness of the District, (iii) Assuming or repaying the indebtedness relating to District Facilities, acquired or leased by the District from a public or private entity, (iv) Setting aside moneys in a renewal or replacement account, (v) Funding a debt service reserve account, (vi) Capitalizing interest on the Obligations, (vii) Paying costs of issuance relating to the Obligations, (viii) Any other purpose relating to this Charter. The principal of and the interest on each series of Obligations shall be payable from the Pledged Funds, all as determined pursuant to the Financing Documents. The District may grant a lien upon and pledge the Pledged Funds in favor of the holders of each series of Obligations in the manner and to the extent provided in the Financing Documents. Such Pledged Funds shall immediately be subject to such lien without any physical delivery thereof and such lien shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the District. 14 · '-' ..I (B) The Obligations of each series shall be dated, shall bear interest and such rate or rates, shall mature at such time or times not exceeding forty (40) years from their date or dates, may be made redeemable before maturity, at the option of the District, at such price or prices and under such tenns and conditions, all as shall be detennined by the Commission pursuant to the Financing Documents. The Commission shall detennine the fonn of the Obligations, the manner of executing such Obligations, and shall fix the denomination of such Obligations and the place of payment of the principal and interest, which may be at any bank or trust company within or without the State. In case any officer whose signature or a facsimile of whose signature shall appear on any Obligations shall cease to be such officer before the delivery of such Obligations, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as ifhe or she had remained in office until delivery. The Commission may sell Obligations in such manner and for such price as it may detennine to be in the best interest of the District in accordance with the tenns of the Financing Documents. In addition to the Pledged Funds, the Obligations may be secured by such credit enhancement as the Commission detennines to be appropriate pursuant to the Financing Documents. The Obligations may be issued as capital appreciation bonds, current interest bonds, tenn bonds, serial bonds, variable bonds or any combination thereof, all as shall be detennined pursuant to the Financing Documents. (C) Prior to the preparation of definitive Obligations of any series, the Commission may issue interim receipts, interim certificates or temporary Obligations, exchangeable for definitive Obligations when such Obligations have been executed and are available for delivery. The Commission may also provide for the replacement of any Obligation which shall become mutilated, or be destroyed or lost. Obligations may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions or things which are specifically required by this Charter, the Financing Documents or other applicable laws. (D) The proceeds of any series of Obligations shall be used for such purposes, and shall be disbursed in such manner and under such restrictions, if any, as the Commission may provide pursuant to the Financing Documents. (E) The Financing Documents may also contain such limitations upon the issuance of additional Obligations as the Commission may deem appropriate, and such additional Obligations shall be issued under such restrictions and limitations as may be prescribed by such Financing Documents. The Financing Documents may contain such provisions and tenns in relation to the Obligations and the Pledged Funds as the Commission deems appropriate and which shall not be inconsistent herewith. (F) Obligations shall not be deemed to constitute a general obligation debt of the District or the County or a pledge of the faith and credit of the District or the County, but such Obligations, shall be payable solely from the Pledged Funds and any moneys received from the credit enhancers of the Obligations, in accordance with the tenns of the Financing Documents. The issuance of Obligations shall not directly or indirectly or contingently obligate the County to levy or to pledge any fonn of ad valorem taxation whatsoever therefor. No holder of any such Obligations shall ever have the right to compel any exercise of the ad valorem taxing power on the part of the County to pay any such Obligations or the interest thereon or the right to enforce 15 '-' ...,., payment of such Obligations, or the interest thereon, against any property of the District or the County, nor shall such Obligations constitute a charge, lien or encumbrance, legal or equitable, upon any property of the District or the County, except the Pledged Funds in accordance with the terms of the Financing Documents. . (G) All Pledged Funds shall be deemed to be trust funds, to be held and applied solely as provided in the Financing Documents. Such Pledged Funds may be invested by the District in such manner as provided in the Financing Documents. (H) Any holder of Obligations, except to the extent the rights herein given may be restricted by the Financing Documents, may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights under the laws of the State or granted hereunder or under the Financing Documents, and may enforce and compel the performance of all agreements or covenants required by this Charter, or by such Financing Documents, to be performed by the District or by any officer thereof. (1) The Obligations may, but shall not be required to, be validated, at the sole discretion of the Commission, pursuant to Chapter 75, Florida Statutes. Obligations may be issued pursuant to and secured by a resolution of the Commission. (1) In addition to the other provisions and requirements of this Charter, any Financing Documents may contain such provisions as the Commission deems appropriate. (K) All Obligations issued hereunder shall not be invalid for any irregularity or defect in the proceedings for the issuance and sale thereof and shall be incontestable in the hands of bona fide purchasers for value. No proceedings in respect to the issuance of such Obligations shall be necessary except such as are required by this Charter, the Financing Documents and general law. The provisions of the Financing Documents shall constitute an irrevocable contract between the District and the holders of the Obligations issued pursuant to the provisions thereof. (L) Holders of Obligations shall be considered third party beneficiaries hereunder and may enforce the provisions hereof. (M) The Commission may enter into such swap, hedge or other similar arrangements relating to any Obligations as it deems appropriate. (N) Special Purpose Obligations may be issued to finance and refinance Special Purpose Projects, and all provisions set forth above relating to Obligations shall apply to such Special Purpose Obligations. SECTION 4.05 AD VALOREM TAXATION. The District shall have the power to levy and assess ad valorem taxes as provided in the County Water and Sewer District Law. 16 '-' """" SECTION 4.06 CAPITAL IMPROVEMENT CHARGES. (A) The District is empowered to levy and collect, and revise from time to time, Connection Charges relating to the District Facilities for capital improvements and debt service on such capital improvements under such conditions as shall be prescribed by the Commission. Connection Charges may become Pledged Funds in accordance with the terms of the Financing Documents. (B) All Connection Charges shall be reviewed at least once every three (3) years by the Commission to determine whether such Connection Charges are equitable and proportionate to the current estimate of costs for providing the capital improvements. SECTION 4.07 UNPAID FEES. The Commission shall have the power, under such reasonable procedures as the Commission may adopt from time to time, to discontinue and shut off either or both water and wastewater services until delinquent fees, rates or charges, including reasonable interest and charges for the discontinuance and the cost of restoration of such water and wastewater services, or both, are fully paid; and, for such purposes, the District may enter onto any lands, waters or premises of any person, firm, corporation or body, public or private, served by the District. The District shall have a municipal lien on all lands and premises served by the District for all unpaid rates, fees and charges until paid, which liens shall be prior to all other liens on such lands and premises except the lien of state, county and municipal taxes and shall be on a parity with such state, county and municipal taxes. Such liens, when delinquent for more than 30 days, may be foreclosed by the District in the manner provided by the laws of Florida for the foreclosure of mortgages on real property. SECTION 4.08 DISTRICT APPROVAL OF CONSTRUCTION OF DISTRICT FACILITIES. (A) The Commission may adopt all necessary regulations by resolution that provide design and construction specifications and procedures for the dedication of facilities to the District. (B) The District may require, as a condition precedent to the approval of any connection to the District Facilities, (i) that all subdivision-type infrastructure, or other contributed transmission or distribution infrastructure necessary to serve a particular project or customer, and necessary easements be dedicated to the District, (ii) that the developer make available interim treatment facilities or services or contract for same on an interim basis from an authorized service provider, and (iii) that the developer, or the person or entity the developer has contracted with, to provide interim treatment service, or lease back for nominal consideration and maintain such dedicated or contributed facilities until such time as the District provides services; provided in each case the foregoing actions shall be consistent with applicable regulations of the County. 17 ,-,. ...; SECTION 4.09 PLANNING REQUIREMENT. (A) In addition to the other powers enumerated in this Charter, the District shall have the power to adopt a master plan for the provision of utility services by the District. Such master plan may include: the identification of current customers and the projections of future customers and their profiles (residential, commercial, industrial); a review and general inventory of all existing infrastructure and facilities; and an identification of water supply and treatment alternatives, available wastewater treatment and disposal alternatives, and available reclaimed water alternatives. (B) Prior to the adoption of the annual budget, a five-year capital improvement plan shall be reviewed by the Commission for a determination that the capital improvement plan is consistent with the County's comprehensive plan adopted pursuant to Chapter 163, Part II, Florida Statutes. (C) All utility expansion or line extension policies adopted by the Commission shall be consistent with the land development regulations, local comprehensive plans and other applicable regulations. SECTION 4.10 FREE SERVICE. The District shall not provide free service to any class of users. Notwithstanding the foregoing, upon a finding by a majority of the Commission plus one (1) that the provision of free or reduced service to any user of the system would avoid unjust hardship to such user, such user may be entitled to such benefit for a period not exceeding one (1) year. ARTICLE V MISCELLANEOUS SECTION 5.01 DELEGATION OF DUTY. Nothing contained herein shall be deemed to authorize the unauthorized delegation of any of the constitutional or statutory duties of the State or the County or any officers thereof. SECTION 5.02 IMMUNITY. (A) All of the privileges and immunities from liability and exemptions from laws, ordinances and rules which apply to the activity of officials, officers, agents or employees of the County shall apply to the officials, officers, agents or employees of the District when performing their respective functions and duties under the provisions of this Charter. (B) The County intends to utilize Section 768.28, Florida Statutes, the Act, other Florida Statutes and the common law governing sovereign immunity to the fullest extent possible. The County may not be held jointly liable for the torts of the officers or employees of the District, or any other tort attributable to the District, and that the District alone shall be liable for any torts attributable to it or for torts of is officers, employees or agents, and then only to the extent of the waiver of sovereign immunity or limitation of liability as specified in Section 18 ,-,. .., ....., 768.28, Florida Statutes. The County intends that the District shall have all of the privileges and immunities from liability and exemptions from laws, ordinances, rules and common law which apply to the municipalities and counties of the State. Nothing in this Charter is intended to inure to the benefit of any third-party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. SECTION 5.03 LIMITED LIABILITY. The County shall in no manner be obligated to pay any debts, obligations or liabilities arising as a result of any actions of the District, the Directors or any other agents, employees, officers or officials of the District, except to the extent otherwise mutually agreed upon, and neither the District, the Directors or any other agents, employees, officers or officials of the District have any District or power to otherwise obligate the County in any manner. SECTION 5.04 AMENDMENTS. This Charter may not be amended so as to (A) pennit any profits of the District to inure to the benefit of any private person, (B) pennit the diversion or application of any of the moneys or other assets of the District for any purposes other than those specified herein, (C) adversely affect the tax-exempt status, if applicable, of interest on the Obligations, or (D) materially, adversely affect the security for any Obligations. This Charter may be amended by Ordinance duly adopted by the County Commission. SECTION 5.05 SEVERABILITY. In the event that any provision of this Charter shall, for any reason, be detennined invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, the other provisions of this Charter shall remain in full force and effect. SECTION 5.06 SAVINGS CLAUSE. In the event that the District is prohibited by law or contract from fully or partly owning and operating the District Facilities and exercising its powers, duties, responsibilities and obligations under the Charter (the "District Functions"), the County shall, on behalf of the District, perfonn such District Functions as necessary to fully implement the intent of this Charter, and the County shall include such perfonnance of District Functions within the Utility Services Agreement, with the District reimbursing the County for such perfonnance. PASSED AND DULY ENACTED this day of ,2004, ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 19 - ~ - - - ,<-- -" '-' "" ,/ Agenda Request Item Number: MeetlnQ Date: /.-- £2. ".. '~I--J 6/15/04 SUBJECT: Consider Draft Resolution 04-089 approving the request of Croce Giambanco for a change in zoning from the I (Institutional) zoning district to the CG (Commercial General) zoning district for property located at 6623 N. US Highway One. (File No.: RZ-04-011), Consent Regular Public Hearing La . [ ] To: Submitted By: Board of County Commissioners Growth Management Dept. BACKGROUND: Attached is a copy of the petition of Croce Giambanco for a change in zoning from the I (Institutional) zoning district to the CG (Commercial General) zoning district, for a one-half acre tract of land located at 6623 N. US Highway One. The applicant has indicated that the purpose of this change in zoning is to allow for a conditional use application to allow the operation of a drinking place (freestanding bar) within an existing building. The permitted and accessory uses in the CG (Commercial General) zoning district are not expected to negatively impact the existing uses in the surrounding area or place additional demands on public services in the area. Conditional uses are evaluated for these impacts as they are requested. FUNDS AVAILABLE: PREVIOUS ACTION: N/A At the May 20, 2004 public hearing, the Planning and Zoning Commission, by a vote of 7-0, with two members absent (Mr. Trias and Mr. Merritt), recommended approval of the applicant's request for a change in zoning. RECOMMENDATION: Staff recommends approval of Draft Resolution 04-089. [j(] APPROVED CJ OTHER D DENIED Approved 5-0 URRENCE: COMMISSION ACTION: Douglas M. A erson County Administrator """'County Attorney Finance.: Environ. Resources; Coordination/ Signatures .Jr- ,. \\) \ Mgt. & Budget: Fire Dept: Utility: Purchasing: Public Works: Other: , f '-' '" i BOARD OF COUNTY COMMISSIONERS REVIEW: 6/15/04 RZ-04-011 GROWTH MANAGEMENT DEPARTMENT (Planning Division) MEMORANDUM DATE: Board of County Commissioners Interim Growth Management Directo~ June 8, 2004 TO: FROM: SUBJECT: Application of Croce Giambanco for a change in zoning from the I (Institutional) zoning district to the CG (Commercial General) zoning district. (File No.: RZ-04-011) LOCATION: 6623 N US #1 (west side of US Highway One, approximately 3,235 feet south of the Indian River County/St. Lucie County Line) EXISTING ZONING: PROPOSED ZONING: FUTURE LAND USE: I (Institutional) CG (Commercial General) COM (Commercial) PARCEL SIZE: Approximately Y2 acre (24,647.76 square feet) PROPOSED USE: The purpose of the requested change in zoning is to make the property more consistent with the surrounding growth and to allow for a conditional use application to allow for the operation of a drinking place (freestanding bar) within an existing building. PERMITTED USES: Section 3.01.03(S), CG (Commercial Genera:) identifies the designated uses, which are permitted by right, permitted as an accessory use, or permitted through the conditional use process in the CG (Commercial General) Zoning District. Any use designated as a "Conditional Use" is required to undergo further review and approval. Any use not identified in the zoning district regulations is considered to be a prohibited use in that district (see Attachment "A"). SURROUNDING ZONING: The properties to the north, east and west are designated with a CG (Commercial General) zoning district and the - --- , , '-' '....I . June 8,2004 Page 2 Croce Giambanco File No.: RZ-04-011 property to the south is designated with an I (Institutional) zoning district. SURROUNDING LAND USES: The property to the north, south, east and west is identified as having a COM (Commercial) future land use designation on the Future Land Use Map of the County Comprehensive Plan. The surrounding uses are primarily general commercial with a used car dealership/automotive repair shop being located to the east; a vacant gasoline station being located to the north and to the south, an ACLF owned by the applicant for this petition. FIRE/EMS PROTECTION: Fire Station Number 7 (4900 Ft. Pierce Boulevard) is located approximately 3 Y2 miles to the southwest. UTILITY SERVICE: The subject property will be provided water through an onsite well and sewer services through an onsite septic system. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for North US Highway One is 200 feet. SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: None Concurrency Deferral Affidavit. **************************************** STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for the proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; · , - '-' 'wi June 8, 2004 Page 3 Croce Giambanco File No.: RZ-04-011 The proposed zoning district is consistent with the St. Lucie County Land Development Code and specifically has met the standards of Section 11 .06.03. The applicant is requesting a change in zoning from the I (Institutional) zoning district to the CG (Commercial General) Zoning District. The area in which the subject property is located is currently utilized for a variety of general commercial uses. To the east is a used car dealership/automotive repair shop and to the north is a vacant gasoline station. To the south is an ACLF Retirement Home owned and operated by the applicant. The stated purpose of this change in zoning is to allow for a conditional use application to allow for the operation of a drinking place (freestanding bar) within the existing building on the subject property. The subject property is located at 6623 North US Highway 1 (west side of US Highway One, approximately 3,235 feet south of the St. Lucie County/Indian River County Line). US Highway One is a state owned and maintained north/south roadway facility. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; Table 1.6 of the Future Land Use Element, Data and Analysis, indicates those zoning classifications allowed under the COM (Commercial) Future Land Use Designation. According to this table, the CG (Commercial General) Zoning District is considered to be acceptable within the areas designated with a Future Land Use Classification of COM (Commercial). Policy 1 .1.1.1 indicates that Commercial development is permitted with a maximum of 40-50% building coverage. The subject property was previously developed and satisfies the requirements of this policy. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning district is considered to be consistent with existing and proposed future land use designations in the area. The surrounding properties to the north, south, east and west are identified as having a COM (Commercial) future land use designation on the Future Land Use Map of the County's Comprehensive Plan. The property located to the north of the subject property is an existing abandoned gas station. To the east is a used car dealership/automotive repair shop and to the south is an ACLF, which is owned and operated by the applicant. 4. Whether there have been changed conditions that require an amendment; Conditions have changed so as to require an amendment. In 1999, the applicant requested and the Board of County Commissioners approved a rezoning of the subject property from the CG (Commercial General) zoning district to the I (Institutional) zoning , j '-' ......, . June 8, 2004 Page 4 Croce Giambanco File No.: RZ-04-011 district. At that time, the applicant had planned to expand the ACLF onto the subject property. Since that time, the federal and state laws regarding operation and the amount of insurance required for the operation of ACLF's has changed and the applicant is unable to fulfill the original intent of the I (Institutional) zoning district. The general character of the surrounding area is primarily general commercial with a used car dealership/automotive mechanics shop to the east and an abandoned gas station to the north. The applicant's request would continue the general commercial development adjacent to U S Highway One. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The intended use for this rezoning is not expected to create significant additional demands on any public facilities in this area. North US Highway One, south of the Indian River/St. Lucie County line, is a state-owned and maintained facility with a right-of-way width of 200 feet. At this time, North US Highway One, south of the County line, is not slated for any improvements. Based upon the Spring 2003 traffic counts for St. Lucie County this segment of roadway has a capacity of 33,200 daily trips. Currently 23,600 trips are committed leaving 9,600 daily trips available. Therefore, sufficient capacity is available on North US Highway One to meet the demands of this project. The subject property is located inside of the existing urban service boundary for St. Lucie County. At this time, this property is located within the service delivery area for St. Lucie County Utilities, but municipal services are unavailable. Therefore, onsite well and septic system will be used for water and sewer. Upon services becoming available at this location, the applicant will be required to connect. Prior to the approval of any proposed development, the applicant will need to provide documentation verifying that sufficient facilities are available to support such development. The subject property is currently the site of an ACLF and abandoned restaurant. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The site is currently developed as a restaurant and ACLF. No significant structural changes are anticipated as a result of utilizing this property. The applicant/property owner will be required to comply with all federal, state, and local environmental regulations as part of any submitted development plans for the site. · , "" '-' June 8, 2004 Page 5 Croce Giam banco File No.: RZ-04-011 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly and logical development pattern will occur with this change in zoning for the subject property. The subject property has been designated for commercial uses within the St. Lucie County Future Land Use Map. The surrounding parcels of land are designated for commercial uses, including a used car dealership/automotive mechanic shop to the east, abandoned gasoline station to the north and an ACLF to the south, owned and operated by this applicant. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed change in zoning for the subject property would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner, Croce Giambanco, has requested this change in zoning from the I (Institutional) zoning district to the CG (Commercial General) Zoning District in order to allow for a conditional use application to allow for the operation of a drinking place (freestanding bar). The project site is currently an abandoned restaurant with an abandoned gas station to the north and a used car dealership/automotive repair shop to the east and an ACLF, owned and operated by the applicant, to the south. The subject property is located on the west side of North State Road US Highway One, approximately 3,325 feet south of the Indian River/St. Lucie County line. The subject property is in an area designated for Commercial uses within the Future Land Use Element of the Comprehensive Plan. The Land Use/Zoning Matrix within the Comprehensive Plan indicates that the CG (Commercial General) Zoning District as being compatible with the Commercial Future Land Use designation Attached is a copy of Section 3.01.03(S) - CG (Commercial General), of the St. Lucie County Land Development Code, which delineates the permitted, accessory and conditional uses allowed in the CG (Commercial General) Zoning District. If the change in zoning request were approved, the applicant, by right, would be allowed to establish any of the uses under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of the permitted uses exist on the subject property. Any use under the Conditional Uses section could only be allowed if it first receives approval through the Board of County Commissioners. At the May 20, 2004 public hearing, the Planning and Zoning Commission recommended approval by a 7-0 vote (Mr. Merritt and Mr. Trias absent). Staff has reviewed this petition and determined that the proposed petition conforms to the Standards of Review as set forth in the St. Lucie County Land Development Code and is not in - -- , ,-,. ...., June 8, 2004 Page 6 Croce Giambanco File No.: RZ-04-011 conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Other uses permitted within the CG (Commercial General) zoning district are compatible with existing and anticipated commercial uses in this corridor. Staff recommends approval of Resolution 04-089. Please contact this office if you have any questions on this matter. cs cc: Croce Giambanco James Marrow File H:\wp\rezoning\Giambanco\giamvanco,rezone.bcc,stfrpt.doc · , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 - '-" ......, RESOLUTION 04-089 FILE NO.: RZ-04-011 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE I (INSTITUTIONAL) ZONING DISTRICT TO THE CG (COMMERCIAL GENERAL) ZONING DISTRICT OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence including, but not limited to the staff report, has made the following determinations: 1. Croce Giambanco presented a petition for a change in zoning from the I (Institutional) zoning district to the CG (Commercial General) zoning district for the property described in Part A below. 2. On May 20, 2004, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve the hereafter described request for a change in zoning from the I (Institutional) zoning district to the CG (Commercial General) zoning district for the property described in Part Abelow. 3. On June 15, 2004, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed change in zoning is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. 5. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed change in the zoning district classification for that property described as follows and as depicted on the maps in Exhibit A: Resolution 04-089 Page 1 File No.: RZ-04·011 June 15. 2004 · 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 B. 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 - - '-' ...., ALL THAT PART OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, LYING WEST OF US HIGHWAY ONE (STATE ROAD NO.5) AND EAST OF THE TURNPIKE FEEDER ROAD, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF US HIGHWAY NO.1 AND THE SOUTH LINE OF SAID SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST OF SAID SECTION 6, THENCE N87020'14" W A DISTANCE OF 220.76 FEET TO A POINT; THENCE N 27°32'57"E A DISTANCE OF 101.54 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING; THENCE S 87°29'14"E A DISTANCE OF 181.06 FEET TO A POINT; THENCE NORTHWESTERLY ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 2964.93 FEET, A CENTRAL ANGLE OF 02°59'28" AND AN ARC OF LENGTH OF 154.78 FEET, HOLDING A CHORD BEARING OF N 02°20'26" E AND A CHORD OF 154.77 FEET TO A POINT; THENCE N 62°52'13" W A DISTANCE OF 97.74 FEET TO A POINT; THENCE S 2°32'57" W A DISTANCE OF 101.54 FEET TO A POINT, SAID POINT BEING THE POINT OF BRGINNING. SAID PARCEL CONTAINS 24,647.76 SQUARE, FEET MORE OR LESS. Tax Id. No. 1406-124-0002-000/4 Location: 6623 N. US Highway One owned by Croce Giambanco is hereby changed from the I (Institutional) zoning district to the CG (Commercial General) zoning district. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman Paula Lewis XXX Vice-Chairman John Bruhn XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX Commissioner Frannie Hutchinson XXX File No.: RZ-04-011 June 15. 2004 Resolution 04-089 Page 2 · , - '-' 'wi 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 PASSED AND DULY ADOPTED This 15th day of June 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: County Attorney Deputy Clerk cs H:\Wp\Rezoning\Giambanco\giambanco.resolution.wpd File No.: RZ-Q4-011 June 15, 2004 Resolution 04-089 Page 3 - ..... ........ . . 'wi '-" 1 2 3 4 5 6 7 8 9 Exhibit A 10 11 Map Series File No.: RZ-04-011 June 15. 2004 Resolution 04-089 Page 4 ~ '-" 'wi UNOmCIAL- SUBJECT TO PlANNINS & ZONING COMMISSION APPROVAL AGENDA ITEM 4: CROCE GIAMBANCO - FILE NO. RZ-04-011: Ms. Cyndi Snay, presenting Staff comments, stated that both Agenda Item # 4 and # 5 would be presented at the same time because they were both for the same subject property. She continued that Agenda Item # 4 was the petition of Crose Giambanco for a Change in Zoning from the I (Institutional) Zoning District to the CG (Commercial General) Zoning District for property located at 6623 N. US Highway One just south of the Indian River County/St. Lucie County Line. She continued that the subject property is approximately Y2 acre in size and is designated with a COM (Commercial) future land use. The purpose of the requested change in zoning is to make property more consistent with the surrounding growth and to allow the operation of a drinking place (freestanding bar) within the existing building. Previously, the subject property was utilized as a freestanding bar for the onsite consumption of alcohol and as a restaurant (Nino's Restaurant), which is now abandoned. Ms. Snay stated that Agenda Item # 5 is the petition of James Morrow for a Conditional Use Permit to allow the operation of a drinking place (freestanding bar) within an existing building located at 6623 N. US Highway One just south of the Indian River County/St. Lucie County Line. The subject property is approximately Y2 acre in size and is designated with a Commercial future land use. The subject property is zoned Commercial General and drinking establishments are permitted with Conditional Use Review and Approval. Staff has reviewed both of the petitions and determined that they conform to the Standards of Review as set forth in the St. Lucie County Land Development Code and are not in conflict with the Goals, Objectives, and Policies of the St. Lucie County Comprehensive Plan and recommend that these petitions be forwarded with a recommendation of approval. Chairman McCurdy questioned if the applicant or their representative were present. Mr. Croce Giambanco, 325 Farleys Court, Vero Beach, stated that he is the applicant and was requesting the rezoning. He continued that when he originally had the parcel rezoned for the Adult Care Living Facility (ACLF) he thought only that portion of the parcel would be rezoned. He stated that since he originally had a restaurant on the same parcel he believed that portion of the parcel had remained under the CG (Commercial, General) zoning. He advised that he recently found out that was not the case and would like to have that portion of the parcel where the restaurant used to be rezoned back to the original CG (Commercial, General) Zoning. Mr. Lounds questioned if the applicant was planning on reopening the restaurant. Ms. Snay stated that the applicant was planning on having a freestanding bar only. Mr. Lounds questioned if there were any regulations governing how close a bar could be to an ACLF. Ms. Snay stated that the Land Development Code does not have any regulations regarding ACLF's. Mr. Giambanco stated that all of the tenants in the ACLF are required to sign strict lease agreements and if they were found to be violating those terms at any time their lease would be terminated. P&Z I LP A Regular Meeting May 20, 2004 Page 4 of 9 -- - '-" "'" vnu,- r IIIIAf.- SUBJECT TO PLANNlN6 & lOMNI COMMISSION APPROV~ Mr. Hearn brought in a map with two sections highlighted on it. He questioned the applicant if the yellow are was the portion he was requesting a conditional use permit for. Mr. Giambanco confirmed that was correct. Mr. Hearn also questioned if the pink area was the existing ACLF. Mr. Giambanco confirmed that was also correct. Mr. Hearn questioned what the buildings were that were to the south of his subject properties. Mr. Giambanco stated that those are weekly rentals. Mr. Hearn questioned where the residents of the ACLF come from. Mr. Giambanco stated that the Department of Children and Family Services place them in his facility. Mr. Hearn stated that the ACLF would be within 50 feet of the bar and questioned how many residents he had. Mr. Giambanco stated that they currently have 14 residents. Mr. Hearn also questioned if the residents of the facility were mentally challenged. Mr. Giambanco confirmed that they are mentally handicapped but are able to make their own decisions and choices. Mr. Hearn questioned if any of the residents were recovering alcoholics. Mr. Giambanco stated he did not believe they were. Mr. Hearn questioned if any of the residents had any other problems other than the mental challenges. Mr. Giambanco stated he did not believe they had any other issues. Mr. Grande questioned how close this project was to the proposed project of Coconut Cove. Ms. Snay explained that the Coconut Cove project was on the other side of Old Dixie Highway adjacent to the intercoastal. She stated that their project is not shown on the aerial maps provided because it is not directly across from this property. Mr. Lounds questioned if there was a wall between the ACLF and the building they would be using for the bar. Mr. Giambanco stated that there was not a wall, but there was a fence around the ACLF that also had some heavy landscaping and that there was also a gate and security monitoring. Mr. James Morrow, 2134 1st Court SE, stated that he was the applicant for Agenda Item # 5 and was requesting a conditional use permit to establish a bar where local residents could have a good time. He stated that they are going to call the bar "Good Times" and feel it is a good area for the bar. He stated that there were a couple of other bars in the area that closed so the local residents have had to go to Vero Beach. He also stated that those local residents have told him that they would like to have a local place to go and have a good time again. Mr. Akins questioned if they would be selling liquor or just beer and wine. Mr. Morrow stated that they would have liquor. Mr. Akins questioned if the applicant would also have a package store. Mr. Morrow confirmed that was correct. Mr. Grande questioned if the applicant would be serving food. Mr. Morrow stated they would not have food. Mr. Lounds questioned if having a package store affected the liquor license they would be receiving. Mr. Akins stated that he believed that if you receive a liquor license that allows for on premises consumption it would include allowing package sales. He continued that having a package sale liquor license does not allow for on site consumption. Mr. Morrow confirmed that was correct. Chairman McCurdy opened the public hearing. P&Z I LPA Regular Meeting May 20, 2004 Page 5 of 9 v Uf,¡U'1\IPF':"''' -" ......, C . L:C= . . Seeing no one, Chairman McCurdy closed the public hearing. Mr. Lounds stated after considering the testimony presented during the public hearing, including Staff comments, and the Standards of Review as set forth in Section 11.06.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Croce Giambanco, for a Change in Zoning from the I (Institutional) Zoning District to the CG (Commercial, General) Zoning District because the zoning is consistent with other commercial uses along U.S. 1. Motion seconded by Mr. Grande. Upon a vote the motion was unanimously approved (with a vote of 7-0) and forwarded to the Board of County Commissioners with a recommendation of approval. P&Z I LPA Regular Meeting May 20, 2004 Page 6 of 9 I~~ '1 , '-7,,~ --. "" ,J" "'~' '" "" ST. LUCIE COUNTY BOARP OF COMMISSIONERS PUBLIC HEARING AGENDA June 15. 2004 TO WHOM IT MAY CONCERN: NOTICE is hereby given in accordance with Sec- tion 11,00,03 of the St Lucie County Land Devel- opment Code and in accordance with the provi· sions of the St, Lucie County Comprehensive Plan, that the following applicants have requested that the St Lucie County Board of Commissioners consider their following requests: CROCE GIAMBANCO, for a ChanlJl in Zoning from the I (Institutional) Zoning District to the CG (Co- mmercial, General) Zoning District for the follow· ing described property: ALL THAT PART OF THE SOUTH ONE·HALF OF THE NORTHWEST 1'4 OF THE NORTHEAST 1'4 OF SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST, LUCIE COUNTY, FLORIPA, LYING WEST OF U.S. HIGHWAY NO.1 (STATE ROAD NO.5) AND EAST OF THE TURNPIKE FEEDER ROAD, BEING MORE PARTICULAR AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT-OF·WAY LINE OF U,S, HIGHWAY NO.1 AND THE SOUTH LINE OF SAID SOUTH ONE.HALF OF THE NORTHWEST 1'4 OF THE NORTHEAST 1'4 OF SECTION 6, THEN N 87 DE· GREES 29'14' W A DISTANCE OF 220.76 FEET TO A POINT; THENCE N 27 DEGREES 32'57" E A DIS- TANCE OF 101.54 FEET TO A POINT SAID POINT BEGINNING THE POINT OF BEGINNING; THENCE S 87 DEGREES 29'14' E A DISTANCE OF 181.06 FEET TO A POINT; THENCE NORTHWESTERLY ALONG A CURVE CONCAVE TO THE WEST, HAV- ING A RADIUS OF 2964,93 FEET, A CENTRAL AN- GEL OF 02 DEGREES 59'28' AND A ARC LENGTH OF 154,7B FEET, HOLDING A CHORD BEARING OF N 02 PEGREES 20'26' E ANP A CHORD OF 154.77 FEET TO A POINT; THENCE N 62 DE· GREES 52'13" W A DISTANCE OF 101.54 FEET TO A POINT SAID POINT BEGINNING THE POINT OF BEGINNING; SAID PARCEL CONTAINS 24,647.76 SQUARE FEET MORE OR LESS. Location: 6623 N US II 1 (approximately 320 feet south of the Indian River CountylSt Lucie County border). JAMES MORROW, for a Conditional Use Permit to allow for the operation of a freestanding drinking establishment in the CG (Commercial, General) Zoning Pistrict for the following described prop· erty: ALL THAT PART OF THE SOUTH ONE·HALF OF THE NORTHWEST 1/4 OF THE NORTHEAST 1'4 OF SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST, LUCIE COUNTY, FLORIDA, LYING WEST OF U.S, HIGHWAY NO.1 (STATE ROAD NO. 51 AND EAST OF THE TURNPIKE FEEDER ROAD, BEING MORE PARTICULAR AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT·OF·WAY LINE OF U,S. HIGHWAY NO.1 AND THE SOUTH LINE OF SAID SOUTH ONE-HALF OF THE NORTHWEST 1'4 OF THE NORTHEAST 1/4 OF SECTION 6, THEN N B7 DE· GREES 29'14" W A PI STANCE OF 220.76 FEET TO A POINT; THENCE N 27 DEGREES 32'57" E A DIS- TANCE OF 101.54 FEET TO A POINT SAID POINT BEGINNING THE POINT OF BEGINNING; THENCE S 87 DEGREES 29'14" E A DISTANCE OF 1B1.06 FEET TO A POINT; THENCE NORTHWESTERLY ALONG A CURVE CONCAVE TO THE WEST, HAV- ING A RADIUS OF 2964,93 FEET, A CENTRAL AN- GEL OF 02 DEGREES 59'28' AND A ARC LENGTH OF 154.7B FEET, HOLDING A CHORD BEARING OF N 02 DEGREES 20'26" E AND A CHORD OF 154.77 FEET TO A POINT; THENCE N 62 DE· GREES 52'13" W A DISTANCE OF 101.54 FEET TO A POINT SAID POINT BEGINNING THE POINT OF BEGINNING; SAID PARCEL CONTAINS 24,647.76 SQUARE FEET MORE OR LESS. Location: 6623 N US II 1 (approximately 320 feet south of the Indian River CountylSt Lucie County border), PUBLIC HEARINGS will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lu· cie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on June 15, 2004, be- ginning at 6:00 P,M. or as soon thereafter as pos· sible. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by a board, agency, or commission with respect to any matter considerad at a meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be besed, BOARD OF COMMISSIONERS ST. LUCIE COUNTY, FLORIDA IS' Paula Lewis, CHAIR DIIAI I~"'· _III.... ~ ,new. f\4I;AAA 'wi ~~ I~ " . - I )_/' /~ ~ .I \j\ ¡ 1\\ u 'v \ ' ,) "'" ....,,¡ BOARD OF COUNTY COMMISSIONERS ,.~. ·=r·.··~eJ·e··· ·IE··>~»i' ~ COUNTY \",. F LOR I D A ,",'--" , GROWTH MANAGEMENT June 4,2004 In accordance with the St. Lucie County Land Development Code, you are hereby advised that CROSE GIAMBANCO, has petitioned St. Lucie County for a Change in Zoning from the I (Institutional) Zoning District to the CG (Commercial, General) Zoning District for the following described property: Location: 6623 N US # 1 (approximately 320 feet south of the Indian River County I St. Lucie County border). THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The second public hearing on the petition will be held at 6:00 P.M., or as soon thereafter as possible, on June 15, 2004, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commission are electronically recorded. If a person decides to appeal any decision made by the County Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call (772) 462-1960 if you have any questions, and refer to: File Number RZ-04-011. Sincerely, <,.-:~L(LU. CIE.~O~~~. B. ~A~. O~iC07~SSIONERS I {¿, (.[¿:{ \..~:l..(. (.::.1/ / 1"s1 + Paula Lewis, Chair 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 · Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 . Planning: (772) 462-2822 · GISfTechnical Services: (772) 462-1553 Economic Development: (772) 462-1550 · Fax: (772) 462-1581 Tourist Development: (772) 462-1529 · Fax: (772) 462-2132 www.co.st-Iucie.fl.us ~ ....¡ PLANNING & ZONING COMMISSION REVIEW: 5/20/04 RZ-04-011 COMMUNITY DEVELOPMENT DEPARTMENT (Planning Division) MEMORANDUM TO: Planning and Zoning Commission FROM: Planning Manager ()~ DATE: May 12, 2004 SUBJECT: Application of Croce Giambanco for a change in zoning from the I (Institutional) zoning district to the CG (Commercial General) zoning district. (File No.: RZ-04-011) LOCATION: 6623 N US #1 (west side of US Highway One, immediately south of the Indian River County/St. Lucie County Line) EXISTING ZONING: I (Institutional) PROPOSED ZONING: CG (Commercial General) FUTURE LAND USE: COM (Commercial) PARCEL SIZE: PROPOSED USE: Approximately 1h acre (24,647.76 square feet) The purpose of the requested change in zoning is to make property more consistent with the surrounding growth and to allow the operation of a drinking place (freestanding bar) within an existing building. PERMITTED USES: Section 3.01.03(S), CG (Commercial Genera;) identifies the designated uses, which are permitted by right, permitted as an accessory use, or permitted through the conditional use process in the CG (Commercial General) Zoning District. Any use designated as a "Conditional Use" is required to undergo further review and approval. Any use not identified in the zoning district regulations is considered to be a prohibited use in that district (see Attachment "A"). SURROUNDING ZONING: CG (Commercial General) zoning district surrounds the property to the north, east and west and I (Institutional) zoning surrounds the property to the south. ~ 'wi May 12, 2004 Page 2 Croce Giambanco File No.: RZ-04-011 SURROUNDING LAND USES: The property to the north, south, east and west is designated with a COM (Commercial) future land use designation. The surrounding uses are primarily general commercial with a used car dealership/automotive repair shop being located to the east; a vacant gasoline station being located to the north and to the south an ACLF owned by the applicant for this petition. FIRE/EMS PROTECTION: Fire Station Number 4 (4000 St. Lucie Boulevard) is located approximately 3 ~ miles to the southwest. UTILITY SERVICE: The subject property will be provided water through an onsite well and sewer services through an onsite septic system. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for North US Highway One is 200 feet. SCHEDULED IMPROVEMENTS: None TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. **************************************** STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for the proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed zoning district is consistent with the St. Lucie County Land Development Code and specifically has met the standards of Section 11 .06.03. - - '-' "'" May 12, 2004 Page 3 Croce Giambanco File No.: RZ-04-011 The applicant is requesting a change in zoning from the I (Institutional) zoning district to the CG (Commercial General) Zoning District. The area in which the subject property is located is currently utilized for a variety of general commercial uses. To the east is a used car dealership/automotive repair shop and to the north is a vacant gasoline station. To the south is an ACLF Retirement Home owned and operated by the applicant. The stated purpose of this change in zoning is to allow for the operation of a drinking place (freestanding bar) within the existing building on the subject property. The subject property is located at 6623 N US Highway 1 (west side of US Highway One, 3235 feet south of the St. Lucie County/Indian River County Line). US Highway One is a state owned and maintained north/south roadway facility. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; Table 1.6 of the Future Land Use Element, Data and Analysis, indicates those zoning classifications allowed under the COM (Commercial) Future Land Use Designation. According to this table, the CG (Commercial General) Zoning District is considered to be acceptable within the areas designated with a Future Land Use Classification of COM (Commercial). Policy 1.1.1.1 indicates that Commercial development is permitted with a maximum of 40-50% building coverage. The subject property was previously developed and satisfies this policy. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning district is considered to be consistent with existing and proposed future land use designations in the area. The surrounding properties to the north, south, east and west are designated with a COM (Commercial) future land use designation. The property located to the north of the subject property is an existing abandoned gas station. To the east is a used car dealership/automotive repair shop and to the south is an ACLF, which is owned and operated by the applicant. 4. Whether there have been changed conditions that require an amendment; Conditions have changed so as to require an amendment. In 1999, the applicant requested and the Board of County Commissioners approved a rezoning of the subject property from the CG (Commercial General) zoning district to the I (Institutional) zoning district. At that time, the applicant had planned to expand the ACLF onto the subject property. Since that time, the federal and state laws regarding operation and the amount of insurance required for the operation of ACLF's has changed and the applicant is unable to fulfill the original intent of the I (Institutional) zoning district. \.,0' """ May 12, 2004 Page 4 Croce Giambanco File No.: RZ-04-011 The general character of the surrounding area is primarily general commercial with a used car dealership/automotive mechanics shop to the east and an abandoned gas station to the north. The applicant's request would continue the general commercial development adjacent to U S Highway One. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The intended use for this rezoning is not expected to create significant additional demands on any public facilities in this area. North US Highway One, south of the Indian River/St. Lucie County line, is a state-owned and maintained facility with a right-of-way width of 200 feet. At this time, North US Highway One, south of the County line, is not slated for any improvements. Based upon the Spring 2003 traffic counts for St. Lucie County this segment of roadway has a capacity of 33,200 daily trips. Currently 23,600 trips are committed leaving 9,600 daily trips available. Therefore, sufficient capacity is available on North US Highway One to meet the demands of this project. The subject property is located inside of the existing urban service boundary for St. Lucie County. At this time, this property is located within the service delivery area for St. Lucie County Utilities, but municipal services are unavailable. Therefore, onsite well and septic system will be used for water and sewer. Upon services becoming available at this location, the applicant will be required to connect. Prior to the approval of any proposed development, the applicant will need to provide documentation verifying that sufficient facilities are available to support such development. The subject property is currently the site of an ACLF and abandoned restaurant. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The site is currently developed as a restaurant and ACLF. No significant structural changes are anticipated as a result of utilizing this property. The applicanVproperty owner will be required to comply with all federal, state, and local environmental regulations as part of any submitted development plans for the site. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; """ '" May 12, 2004 Page 5 Croce Giambanco File No.: RZ-04-011 An orderly and logical development pattern will occur with this change in zoning for the subject property. The subject property has been designated for commercial uses within the St. Lucie County Future Land Use Map. The surrounding parcels of land are designated for commercial uses, including a used car dealership/automotive mechanic shop to the east, abandoned gasoline station to the north and an ACLF to the south owned and operated by this applicant. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed change in zoning for the subject property would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner, Croce Giambanco, has requested this change in zoning from the I (Institutional) zoning district to the CG (Commercial General) Zoning District in order to allow for a conditional use permit to operate a drinking place (freestanding bar). The project site is currently an abandoned restaurant with an abandoned gas station to the north and a used car dealership/automotive repair shop to the east and an ACLF, owned and operated by the applicant to the south. The subject property is located on the west side of North State Road US Highway One, just south of the Indian River/St. Lucie County line. The subject property is in an area designated for Commercial uses within the Future Land Use Element of the Comprehensive Plan. The Land Use/Zoning Matrix within the Comprehensive Plan indicates that the CG (Commercial General) Zoning District as being compatible with the Commercial Future Land Use designation Attached is a copy of Section 3.01.03(S) - CG (Commercial General), of the St. Lucie County Land Development Code, which delineates the permitted, accessory and conditional uses allowed in the CG (Commercial General) Zoning District. If the change in zoning request were approved, the applicant, by right, would be allowed to establish any of the uses under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of the permitted uses exist on the subject property. Any use under the Conditional Uses section could only be allowed if it first receives approval through the Board of County Commissioners. Staff has reviewed this petition and determined that the proposed petition conforms to the Standards of Review as set forth in the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Other uses permitted within the CG (Commercial General) zoning district are compatible with existing and anticipated commercial uses in this corridor. '-' '-tI May 12, 2004 Page 6 Croce Giambanco File No.: RZ-04-011 Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval of the petitioner's request for a change in zoning from the I (Institutional) zoning district to the CG (Commercial General) zoning district. Please contact this office if you have any questions on this matter. cs cc: Croce Giambanco James Marrow File H:\wp\rezoning\Trowbridge - Smyth\smith,rezone.PZ.stfrpt.doc '-" ......, May 12, 2004 Page 7 Croce Giambanco File No.: RZ-04-011 Suggested motion to recommend approval/denial of this requested change in zoning. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF CROCE GIAMBANCO FOR A CHANGE IN ZONING FROM THE I (INSTITUTIONAL) ZONING DISTRICT TO THE CG (COMMERCIAL GENERAL) ZONING DISTRICT, BECAUSE .... [CITE REASON[S] WHY - PLEASE BE SPECIFIC]. MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF CROCE GIAMBANCO FOR A CHANGE IN ZONING FROM THE I (INSTITUTIONAL) ZONING DISTRICT TO THE CG (COMMERCIAL GENERAL) ZONING DISTRICT, BECAUSE.... [CITE REASON[S] WHY - PLEASE BE SPECIFIC]. ~';" r- S. CG 1. Purpose '-' '-' Section 3.01.03 Zoning District Use Regulations COMMERCIAL. GENERAL The purpose of this district is to provide and protect an environment suitable for a wide variety c,f commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust. or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings. The number in "0" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. b. c. d. r-" e. f. g. h. i. j. k. I. m. n. o. p. q. r. s. t. u. v. w. x. y. z. aa. bb. cc. dd. , ee. ff. gg. ---- Adjustment/collection & credit reporting services (732) Advertising (731) Amphitheaters (999) Amusements & recreation services - except stadiums, arenas, race tracks, amusement parks and bingo parlors (79) Apparel & accessory stores (56) Automobile dealers (55) Automotive rental, repairs & servo (except body repairs) (751.753.754) Beauty and barber services (7231724) Building materials, hardware and garden supply (52) Cleaning services 7349) Commercial printing (999) Communications - except towers (48) Computer programming, data processing & other computer servo (737) Contract construction servo (office & interior storage only) (15/18117) Cultural activities and nature exhibitions (999) Duplicating, mailing, commercial art/photo. & stenog. servo (733) Eating places (581) Educational services - except public schools (82) Engineering, accounting, research, management & related services (87) Equipment rental and leasing services (735) Executive, legislative, and judicial functions (91/92/93194195196197) Farm labor and management services (076) Financial, insurance, and real estate (6OI61162J631&4165167) Food stores (54) Funeral and crematory services (726) Gasoline service stations (5541) General merchandise stores (53) Health services (80) Home furniture and furnishings (57) Landscape & horticultural services (078) Laundry, cleaning and garment services (721) Membership organizations - except for religious organizations as provided in Section 8.02.01 (H) of this code (86) Miscellaneous retail (see SIC Code Major Group 59): (1) Drug stores (591) Adopted August 1, 1990 118 Revised Through 08101/00 ~ hh. ii. /~ jj. kk. II. mm. nn. 00. pp. qq. rr. ss. tt. uu. w. ww. XX. "-' "" Section 3.01.03 Zoning District Use Regulations (~ (- (2) Used merchandise stores (593) (3) Sporting goods (5941) (4) Book & stationary (5942/5943) (5) Jewelry (5944) (6) Hobby, toy and games (5945) (7) Camera & photographic supplies (5946) (8) Gifts, novelty and souvenir (5947) (9) Luggage & leather goods (5948) (10) Fabric and mill products (5949) (11) Catalog, mail order and direct selling (5961/5963) (12) Liquified petroleum gas (propane) (5984) ( 13 ) Florists (5992) ( 14 ) Tobacco (5993) (15) News dealers/newsstands (5994) (16) Optical goods (5995) (17) Misc. retail (See SIC Code for specific uses) (5999) Miscellaneous personal services (see SIC Code Major Group 72): (1) Tax return services (7291) (2) Misc. retail (See SIC Code for specific uses) (7299) Miscellaneous business services (see SIC Code Major Group 73): (1) Detective. guard and armored car services (7381) (2) Security system services (7382) (3) News syndicate (7383) (4) Photofinishing laboratories (7384) (5) Business services - misc. (7389) Mobile home dealers (527) Mobile food vendors (eating places, fruits & vegetables-retail) (999) Motion pictures (78) Motor vehicle parking - commercial parking & vehicle storage. (752) Museums, galleries and gardens (84) Personnel supply services (736) Photo finishing services (7384) Photographic services (722) Postal services (43) Recreation facilities (999) Repair services (78) Retail trade-indoor display and sales only, except as provided in Section 7.00.00. (999) Social services: (1) Individual & family social services (832/839) (2) Child care services (835) (3) Job training and vocational rehabilitation services (833) Travel agencies (4724) Veterinary services (074) ( ( 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. ~ ( (( Adopted August 1, 1990 119 Revised Through 08101/00 '-'" "" Section 3.01.03 Zoning DislJict Use Regulations (,"" 'r- 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a. Adult establishments subject to requirements of Sec. 7.10.10. (999) b. Drinking places (alcoholic beverages) - free-standing. (5813) c. Disinfecting & pest control services. (1342 d. Amusement parks. (1996) e. Go-cart tracks. (7999) f. Hotels & motels. (701) g. Household goods warehousing and storage-mini-warehouses (999) h. Marina - recreational boats only. (4493) i. Motor vehicle repair services - body repair. (753) ,- j. Sporting and recreational camps. (7032) k. Retail trade: (1 ) Liquor stores. (592) k. Stadiums, arenas, and race tracks. (794) I. Telecommunication towers - subject to the standards of Section 7.1 O.2:~i (999) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the (e[l.'- ing: a. Drinking places (alcoholic beverages as an accessory use to a restaurant and/or civic, social, and fraternal organizations). b. One single-family dwelling unit contained within the commercial building, or a detached single-family dwelling or mobile home, (for on-site security purposes). c. Retail trade: (1) Undistilled alcoholic beverages (accessory to retail sale of food). Adopted August 1.1990 120 Revised Through 08101/00 - ..... z o ü c crs ..Q E .crs ø Q) ü o ~ o ,...- ,...- o ~ o N a: \~ il' -' ~ ~.,j~j fr~" I /'O~ " ~ ~ II; - ~ I I .~ 5 i I ~ ~ J þ, ~, Ú \..- 01:: .. ~ , \ . _..,... ¡ II'" :,··~··I! ~ 101:: ! ~i ..:1 Ojj Ii il ¡, '1 ?: z :::> o ü ~ :::> o ü c +-'0 0-- G)+-' _ --. C\S 00 ~O Q.....J I ~ \' l1li ... _....IIIS_ -- -- II '" ;1 II .. . :;; _ "WIlY) ..... ¡¡ ex: ~ ã: ~ I _III''''' !i ¡!w Z i\~ ~ ~~J ~ -- Z 01:: « is ~ .~-,~:'-- ~.: :) ~"i!T='~~""'"'"'4V'NVS=='"'=' 'i '" I ".- ... ... .",'" 01:: AlNn08 S 9[ 1 3380H:::>33>10 ~~ ~ S S£ 1 S ~£ 1 - '-' '-" A Petition of Croce Giambanco for a Rezoning from I to CG. I +- I +- I I t-- I t-- I t-- I t-- I ----~ \ ( , I ) RZ 04-011 ~ This pattern indicates wm subject parcel If) ~ 1) o o £c (l) ...... o ...... V) ..-- o z >- o 3: .c Q) I if) ::) 5è ~#~ &~,~ t GIS ,.0.:"_' ," ,-~ Map prepared April 21, 2004 ThIs map has been COfT1)iled for general plaming and reference purposes only. N While fN9lY effort has been made to prOlÁd8 the most current end accuate informøl.ion possible, it i8 not intended lor use 88 8 legally binding document - -- "" Zoning Croce Giambanco I 1-- I 1-- I AR-1 I t- I 1R:=1 I t- I t- I -----., \ ( '\ I ) RZ 04-011 ~ This pattern indicates ~ subject parcel 'wi tt) ~ "b o o Q: Cb ..... o ..... C/) u ~ 0 Z >. 0 ~ ..c 01 I CG (/) :J :~;:!~ t This map has been compiled lor general planning and reference purpoaes only. N Wh~e fN8(y etfort has been made to provide the most current and accurate inlormllion possible, it Is no! intended lor use .. 8 legally binding document. '-' """ Land Use Croce Giambanco I t-- I t-- I RU COM I t-- $u I t-- I t-- ----...., \ ( \ I ) COM RZ 04-011 ~ This pattern indicates ~ subject parcel lI) ~ b o o Q:: Cl) ...... o ...... C/J COM o z >, o ~ ..c (J"I I (/) :J x- .,Lek/w ~~"~- t GIS "~'__'n'-~" Map prepared April 21, 2004 Thil map his been COOIpi!ed for general planning and reference purpo88I only. N While fM!Ify effOf't hili been made to provide It'Ie most current and accurate inbmelion possible, iI is not int~ tor use as a IegaIty binding doo.ment. - - ........ '-' Croce Giambanco -.J ~ This pattern indicates ~ subject parcel " . .-.. r,." t-., I, I .~ "~. . ( ,; i,"~.i ~ A\,'-~' " .. .., ,fI']IW~. t 5è ~uç-ú:- &~~. GIS ~~.,_"..=. Map prepared April 21 , 2004 Ths map has been compiled lot genera! plaming and reIetence purposes only N IM'IiIe P.NfIifY effort has been made 10 prawIde the most a.JrT8nt Ind IICCl..te inlOfrTIatiOn pouible, it il not II1tended lor un .. . IegaIy binding document --- .... ...... '-'" ST, LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA May 20, 2004 o WHOM IT MAY CONCERN: 10TICE is hereby given in accordance with Sec- :ion 11.00.03 of the SI. Lucie County Land Devel· Jpment Code and in accordance with the provi- ¡ions of the SI. Lucie County Comprehensive 'Ian, that the following applicants have requested :hat the SI. Lucie County Planning and Zoning :ommission consider the following requests: ROSE GIAMBANCO, for a Chan¡¡e in Zoning from :he I (Institutional) Zoning District to the CG (Co- "mercial, General) Zoning District for the follow- ng described property: U THAT PART OF THE SOUTH ONE-HALF OF rHE NORTHWEST 1/4 OF THE NORTHEAST 1/4 JF SECTION 6, TOWNSHIP 34 SOUTH, RANGE ~O EAST, ST, LUCIE COUNTY, FLORIDA. LYING NEST OF U.S. HIGHWAY NO.1 (STATE ROAD \10.5) AND EAST OF THE TURNPIKE FEEDER ~OAD, BEING MORE PARTICULAR AS FOLLOWS: EGINNING AT THE INTERSECTION OF THE NEST RIGHT·OF·WAY LINE OF U.S. HIGHWAY \10. 1 AND THE SOUTH LINE OF SAID SOUTH JNE-HALF OF THE NORTHWEST 1/4 OF THE \lORTHEAST 1/4 OF SECTION 6, THEN N 87 DE- 3REES 29'14" W A DISTANCE OF 220.16 FEET TO II. POINT; THENCE N 21 DEGREES 32'51" E A DIS- rANCE OF 101.54 FEET TO A POINT SAID POINT 3EGINNING THE POINT OF BEGINNING; THENCE .81 DEGREES 29'14" E A DISTANCE OF 181.06 =EET TO A POINT; THENCE NORTHWESTERLY ð.LONG A CURVE CONCAVE TO THE WEST, HAV- NG A RADIUS OF 2964.93 FEET, A CENTRAL AN- 3EL OF 02 DEGREES 59'28" AND A ARC LENGTH JF 154.78 FEET, HOLPING A CHORD BEARING JF N 02 DEGREES 20' 26" E AN D A CHORD OF 154,71 FEET TO A POINT; THENCE N 62 DE- 3REES 52'13" W A DISTANCE OF 101.54 FEET TO II. POINT SAID POINT BEGINNING THE POINT OF 3EGINNING; SAID PARCEL CONTAINS 24,641.16 .QUARE FEET MORE OR LESS. ocation: 6623 N US # 1 (approximately 320 feet ¡outh of the Indian River County/SI. Lucie County Jorder). AMES MORROW, for a Conditional Use Permit to ~lIow for the operation of a freestanding drinking 3stablishment in the CG (Commercial. General) Zoning District for the following described prop- 3rty: U THAT PART OF THE SOUTH ONE-HALF OF rHE NORTHWEST 1/4 OF THE NORTHEAST 1/4 JF SECTION 6, TOWNSHIP 34 SOUTH, RANGE ~o EAST, ST. LUCIE COUNTY, FLORIDA, LYING NEST OF U.S. HIGHWAY NO, 1 (STATE ROAD \10,5) AND EAST OF THE TURNPIKE FEEDER ~OAD, BEING MORE PARTICULAR AS FOLLOWS: EGINNING AT THE INTERSECTION OF THE NEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY \10, 1 AND THE SOUTH LINE OF SAID SOUTH JNE·HALF OF THE NORTHWEST 1/4 OF THE \lORTHEAST 1/4 OF SECTION 6, THEN N 81 DE- 3REES 29'14" W A DISTANCE OF 220,16 FEET TO II. POINT; THENCE N 21 DEGREES 32'51" E A DIS- rANCE OF 101.54 FEET TO A POINT SAIP POINT 3EGINNING THE POINT OF BEGINNING; THENCE .87 DEGREES 29'14" E A DISTANCE OF 181,06 =EET TO A POINT; THENCE NORTHWESTERLY ð.LONG A CURVE CONCAVE TO THE WEST, HAV- NG A RADIUS OF 2964.93 FEET, A CENTRAL AN- 3EL OF 02 DEGREES 59'28" AND A ARC LENGTH JF 154.18 FEET, HOLPING A CHORD BEARING JF N 02 DEGREES 20'26" E AND A CHORD OF 154.11 FEET TO A POINT; THENCE N 62 DE- 3REES 52' 13" W A DISTANCE OF 101,54 FEET TO II. POINT SAID POINT BEGINNING THE POINT OF 3EGINNING; SAID PARCEL CONTAINS 24,641.16 .QUARE FEET MORE OR LESS, ocation: 6623 N US # 1 (approximately 320 feet ¡outh of the Indian River CountylSl. Lucie County Jorder), UBLlC HEARINGS will be held in the Commission :hambers, Roger Poitras Annex, 3rd Floor, St. Lu- :ie County Administration Buildin\¡, 2300 Virginia ð.venue, Fort Pierce, Florida on April 20, 2004, be- ~inning at 7:00 P.M. or as soon thereafter as pas- ¡ible. URSUANT TO Section 286.0105, Florida Statutes, f a person decides to appeal any decision made JY e board, egency, or commission with respect :0 any matter considered at a meeting or hearing, 1e will need a record of the proceedings, and :hat, for such purposes, he may need to ensure :hat a verbatim record of the proceedings is "ade, which record includes the testimony and 3vidence upon which the appeal is to be based. LANNING AND ZONING COMMISSION / OCAl PLANNING AGENCY T LUCIE COUNTY, FLORIDA ;/ Carson McCurdy, Chairman UBLlSH DATE: May 10,2004 616401 -- - 'wi flY - ....,- -- - '-' ...J t~"fi ~. Æ£'~"'~~ BOARD OF COUNTY COMMISSIONERS ~ =r. ~ eJ ~ II::' - -~',,~'~ ¡¡,,: COU NTY \ F LOR I D A . -"~' ...... lUll' COMMUNITY DEVELOPMENT DIRECTOR May 10, 2004 In accordance with the St. Lucie County Land Development Code, you are hereby advised that CROSE GIAMBANCO, has petitioned St. Lucie County for a Change in Zoning from the I (Institutional) Zoning District to the CG (Commercial, General) Zoning District for the following described property: Location: 6623 N US # 1 (approximately 320 feet south of the Indian River County / S1. Lucie County border). THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The fIrst public hearing on the petition will be held at 7:00 P.M., or as soon thereafter as possible, on May 20, 2004, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Planning and Zoning Commission at least 3 days prior to a scheduled hearing. County policy discourages communication with individual Planning and Zoning Commission and County Commission on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 orT.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call (772) 462-1960 if you have any questions, and refer to: File Number: RZ-04-011. Sincerely, ~LUCIE COUNTY PLA.~NG ANDß1Jtz0NING COMMISSION ~~1/JYl /J/,' é' Ù¿-< L; zLð arson McCurdy, Chairman J JOHN D, ßRUHN, District No, 1 . DOUG COWARD, District No.2· PAULA A, LEWIS, Disrrict No, J . FRANNIE HUTCHINSON, District No, 4 . CLIFF ßARNES, District No, 5 County Administrator - Douglas M, Anderson 2300 Virginia Avenue · Fort Pierce. FL 34982-5652 Administration: (772) 462-1590 · Planning: (772) 462-2822 · GISrrechnical SeNices: (772) 462-1553 Economic Development: (772) 462-1550 · Fox: (772) 462-1581 Tourist/Convention: (772) 462-1529 · Fox: (772) 462-2132 WWW.co.st-lucie.fl.us '-', '" o '" ¡:¡ O~N~ 00 00 ~NMWW ~3~ß ~~ ~~ ~~~~~ OJ....."'" ~,....,....(QCO ~8~~~~~~~~æ~~~~88 ~~~"''''~~~~'''~~N'''g'''NN "''''~~''''''''''''~MMæ¡:¡",¡) ~~ II> Æ~~i~iiiiiii~iii~~i '" '" '" e e e ..c:.,g ~.,g,¡:..c:..c:..c:..9! ,E ~w oow~~ø~~ ~~ ~ ÆI~~IIÆÆ~ÆÆII>lmi ~ §ð~Jðð§§~§8g~~Æ ! ~ ~~ ëÈØ--~~~ w"'~ L~ ß ~ š š i i 6 ~ š ~ ~ 2 ŠI~ ~ ~ ~ ~ üoo~~~~~oooo~ooooU~I~>OO~ " ~ ~~ ffi ~ ~~ ~ 1~I~ï Oil> 11>11>0 00 11>_ wl~~ v~ ~~v vv ~w -_~ N~N""'~~~OM~~~=£Ø~~ ~ØMæl~I~~~8~~~~æ~iiu w~e- lili~- ~~ ww~üü ëð~~~~~ðÆÆððÆ~~~~~~ ~o~oo~~oooOOO~~~MM8 <~~~~CX)CX)~~~~~~~N""'VV~ ~ '" z "§ ü: ~~ <¡,! ê~ II> :g a: a: a: a: a: 'E e ~ ",-8 8 ~ iD ëëëë iDiD 0 0 -,00 00 -, ~ '" z j ~ Cü CD œ êü 0 ~ ~ ê Û)7n Hi !! 8 II> II> '" I!? II> ~ ~~ ~~ î ¡ ,~ ~ '" !! !! !! !! ! èõ¡æ '" o~ ~~ ~~ ~~ (3 e < 8 N oj N .~ < 1;; "$$ ~Æ 00 ÆÆ ~aðcc..J oðoð _ã)~~.!!?~~~~ æ@~ô58~~>~ ûi'0 II> II> E E ww "'''' œã) õõ » ~~ II> E E E~~~~ ~(!)ü~~ .L w_ 'S 0 ~~ ëi&;! ~~ ~ § 1: '" ~î II> '" 0(3 ë II> n II>ü ~o e_ "'- ~j? ~'" ~~ (!)::! ~ ¡¡: ~ ð '" ~ i ~ æ !!! ,S< a:o ~ 0_ 00 i ~!! ~ .~:~.~~ ~t~~oc z :J~ :J:J ~CtI·_.Q.. I- i~I~~fifi§§ ~~!J¡I~~8 ~~Uü>ðð~~ü~~ü<-,(!)üü~ N§§§§~§~§§_~~~§§§ o~~~~~~~~~~~~~~~~~~ -NNMMMMNN.....NN.....NNNMMŒ ]~~~~~~~~~~~~~~~~~i -- ........ -- ~ / -- "'" .. '-" '-" 5c_ 6/15/04 Agenda Request Item Number: Meeting Date: Consent Regular Public Hearing Leg. [ ] [ ] [ ] [ X ] Quasi-JD [ X ] To: Submitted By: Board of County Commissioners Growth Management Dept. SUBJECT: Consider Draft Resolution 04·090 granting approval for the petition of James Morrow for a Conditional Use Permit to allow the operation of a freestanding bar and allowing the on site consumption of alcohol within the CG (Commercial General) Zoning District (File No.: CU-04-004). BACKGROUND: The petitioner, James Morrow is requesting that the Board of County Commissioners grant approval for a Conditional Use Permit for property located at 6623 N. US Highway One, within the CG (Commercial General) Zoning District. The purpose of the Conditional Use Permit is to allow for the operation of a freestanding bar and allowing the onsite consumption of alcohol. This requested use would be authorized under the provisions of Section 3.01.03(S)(7)(b) of the St. Lucie County Land Development Code. The petitioner is proposing to operate a freestanding bar within an existing building (the former Nino's Restaurant). The proposed Conditional Use Permit has been determined to meet the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code, and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. FUNDS AVAILABLE: PREVIOUS ACTION: N/A At the May 20, 2004 public hearing, the Planning and Zoning Commission, by a vote of 6-1 (Mr. Hearn dissenting), with two members absent (Mr. Merritt and Mr. Trias) recommended approval of the Conditional Use Permit. RECOMMENDATION: Staff recommends approval of Draft Resolution 04·090. COMMISSION ACTION: ~URRENCE: v ou~rson County Administrator æ APPROVED c=::J OTHER D DENIED Approved 5-0 Coordination/ Signatures / County Attorney Finance.: Environ. Resources; 0,.. ~ /c:r Mgt. & Budget: Fire Dept: Utility: Purchasing: Public Works: Other: " \',-!\ ~\ , r \ \ \/., f\ '.) ! '-' "-' . ~ COUNTY .~ ~ BOARD OF COUNTY COMMISSION REVIEW: 6/15/04 File Number CU-04-004 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM FROM: Board of County Commission I L ß Interim Growth Management Director ))~ June 6, 2004 (j TO: DATE: SUBJECT: Application of James Morrow, for a Conditional Use Permit to allow the operation of a freestanding bar for the onsite consumption of alcohol within the CG (Commercial General) Zoning District (File No,: CU-04-004). LOCATION: 6623 North US #1 (west side of US Highway One, approximately 3,325 feet south of the Indian River County/St. Lucie County Line) EXISTING ZONING: I (Institutional) PROPOSED ZONING: CG (Commercial General) (RZ-04-011) FUTURE LAND USE: COM (Commercial) PARCEL SIZE: approximately Y2 acre (24,647.76 square feet) PROPOSED USE: The purpose of the requested conditional use is to allow the operation of a freestanding bar within an existing building. PERMITTED USES: Section 3.01.03(S), CG (Commercial General) identifies the designated uses, which are permitted by right, permitted as an accessory use, or permitted through the conditional use process in the CG (Commercial General) Zoning District. Any use designated as a "Conditional Use" is required to undergo further review and approval. Any use not identified in the zoning district regulations is considered to be a prohibited use in that district (see Attachment "A"). SURROUNDING ZONING: The properties located to the north, east and west of the subject property are designated with a CG (Commercial General) zoning designation on the St. Lucie County Zoning Map and the property located to the south of the subject property is designated with a I (Institutional) zoning designation on the St. Lucie County Zoning Map. '-' ""'" June 8, 2004 Page 2 Subject: James Morrow File No.: CU-04-004 SURROUNDING LAND USES: The property to the north, south, east and west is identified as having a COM (Commercial) future land use designation. The surrounding uses are primarily general commercial with a used car dealership/automotive repair shop being located to the east; a vacant gasoline station being located to the north and to the south, an ACLF owned by the same property owner. fiRE/EMS PROTECTION: Fire Station Number 7 (4900 Ft. Pierce Boulevard) is located approximately 3 Y2 miles to the southwest. UTILITY SERVICE: The subject property will be provided water through an onsite well and sewer services through an onsite septic system. TRANSPORTATION IMPACTS RIGHT-Of-WAY ADEQUACY: The existing right-of-way width for North US Highway One is 200 feet. SCHEDULED IMPROVEMENTS: None TYPE Of CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. ******************************************* STANDARDS Of REVIEW AS SET fORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for a proposed conditional use, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed conditional use is in conflict with any applicable portions of the SI. Lucie County Land Development Code; The proposed conditional use is not in conflict with any applicable portions of the St. Lucie County Land Development Code. Section 3.01.03(S)(7)(b), CG (Commercial General) Zoning District, allows freestanding drinking places for the consumption of alcoholic beverages as conditional uses. The subject property is located at 6623 North US Highway One (west side of North US Highway One, approximately 3,325 feet south of the Indian River/St. Lucie County line), and is the site of the former Nino's Restaurant. ~ "'" ¡- June 8, 2004 Page 3 Subject: James Morrow File No.: CU·04-004 The subject area is zoned for the proposed commercial use, as a result of the Board's approval of RZ-04-011. The applicant is requesting conditional use approval for a freestanding bar with onsite consumption of alcoholic beverages. 2. Whether and the extent to which the proposed conditional use would have an adverse impact on nearby properties; The proposed conditional use is not expected to adversely impact the surrounding properties. The proposed site is located within a developed area. The property to the north is an abandoned gas station, the property to the east contains a used car dealership/automotive repair shop and the property to the south is an ACLF owned and maintained by the current property owner. The property to the west is currently vacant, commercially zoned property. The hours of operation for the bar will be between 11 :00 am and 2:00 am, Monday through Sunday. The applicant anticipates a total of eight employees at the bar. 3. Whether and the extent to which the proposed conditional use would be served by adequate public facilities and services, including roads, police protection, solid waste disposal, water, sewer, drainage structures, parks, and mass transit; This conditional use is not expected to create significant additional demands on any public facilities in this area. At the time the existing building was developed, the building was reviewed for any impacts. Previously, the subject property was utilized as a freestanding bar for the onsite consumption of alcohol and as a restaurant (Nino's Restaurant), which is now closed. The proposed use is not expected to have a negative impact on any roadway network within the vicinity of the subject property. The proposed property receives water and sewer from an onsite well and septic system. The subject property is located within the service delivery area of the North County Utility. Currently, municipal services are not available within this area. As the services become available, the applicant will be required to connect to the municipal system. 4. Whether and the extent to which the proposed conditional use would result in significant adverse impacts on the natural environment; The proposed conditional use is not anticipated to create adverse impacts on the natural environment. The applicant is proposing to utilize an existing building. No significant structural improvements are expected to occur on the subject site. COMMENTS The applicant, James Morrow, has applied for the requested conditional use permit in order to operate a freestanding bar on property located at 6623 N. US Highway One in the CG (Commercial General) Zoning District. A freestanding bar with onsite consumption of liquor is allowed as a conditional use in the CG (Commercial General) Zoning District upon approval of the Board of County Commissioners. - '-" 'wi June 8, 2004 Page 4 Subject: James Morrow File No.: CU-04-004 Staff finds that this petition meets the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. At the May 20, 2004 public hearing, the Planning and Zoning Commission recommended approval by a 6-1 vote (Mr. Hearn being the dissenting vote) and two members absent (Mr. Merritt and Mr. Trias). Staff recommends approval of Resolution 04-090, subject to the following condition of approval: 1. The hours of operation will be limited to 11 :00 am - 2:00 am Please contact this office if you have any questions on this matter. Attachment cs cc: Croce Glambanco James Morrow File 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 - '-" ...., RESOLUTION 04-090 FILE NO.: CU-04-004 A RESOLUTION FOR A CONDITIONAL USE PERMIT TO AllOW THE OPERATION OF A FREESTANDING BAR, FOR THE ON SITE CONSUMPTION OF ALCOHOL IN THE CG (COMMERCIAL GENERAL) ZONING DISTRICT FOR PROPERTY lOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1 . James Morrow presented a petition for a Conditional Use Permit to allow the operation of a freestanding bar, for the onsite consumption of alcohol, in the CG (Commercial General) Zoning District for the property described in Part B below. 2. On May 20, 2004, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve the hereinafter described request for a Conditional Use Permit in the CG (Commercial General) Zoning District for the property described below. 3. On June 15, 2004, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed Conditional Use is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. 5. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 6. The proposed project will be serviced by onsite well and septic systems. 7. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Interim Growth Management Director on June 15, 2004. File No,: CU-04-OO4 June 8. 2004 Resolution 04-090 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ~ " NOW, TH EREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County Florida: A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Conditional Use Permit for James Morrow to allow the operation of a freestanding bar, for the onsite consumption of alcohol, in the CG (Commercial General)' Zoning District, with the following condition: 1. The hours of operation will be limited to 11 :00 am to 2:00 am. B. The subject property is described as follows: ALL THAT PART OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, LYING WEST OF US HIGHWAY ONE (STATE ROAD NO.5) AND EAST OF THE TURNPIKE FEEDER ROAD, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF US HIGHWAY NO.1 AND THE SOUTH LINE OF SAID SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST OF SAID SECTION 6, THENCE N87°20'14" W A DISTANCE OF 220.76 FEET TO A POINT; THENCE N 27°32'57"E A DISTANCE OF 1 01.54 FEET TO A POINT SAID POINT BEING THE POINT OF BEGINNING; THENCE S 87°29'14"E A DISTANCE OF 181.06 FEET TO A POINT; THENCE NORTHWESTERLY ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 2964.93 FEET, A CENTRAL ANGLE OF 02°59'28" AND AN ARC OF LENGTH OF 154.78 FEET, HOLDING A CHORD BEARING OF N 02°20'26" E AND A CHORD OF 154.77 FEET TO A POINT; THENCE N 62°52'13" W A DISTANCE OF 97.74 FEET TO A POINT; THENCE S 2°32'57" W A DISTANCE OF 101.54 FEET TO A POINT SAID POINT BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINS 24,647.76 SQUARE FEET, MORE OR LESS. Tax Id. No. 1406-124-0002-000/4 Location: 6623 N. US Highway One C. The approvals and authorizations granted by this Resolution are for the purpose of obtaining a zoning compliance for this property, and shall expire on June 15, 2005, unless the developer has obtained a zoning compliance for the uses described in Part A above, or an extension has been granted in accordance with Section 11.07 .05(F), St. Lucie County Land Development Code. File No.: CU-Q4-D04 June 8. 2004 Resolution 04-090 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ~~ 42 43 44 45 46 ~ '-' D. The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid for the period of Conditional Use approval. Should the Conditional Use approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity shall be required. E. The St. Lucie County Growth Management Department Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. 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 15th day of June 2004 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CLERK COUNTY ATTORNEY cs: H:\WP\Conditional Uses\James Morrows\approvals\marrow.resolution. wpd File No.: CU-04-004 June 8. 2004 Resolution 04-090 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 '-' """ Exhibit A Certificate of Capacity File No,: CU-04-004 June 8, 2004 Resolution 04-090 Page 4 \w "'" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 File No,: CU-04-004 June 8, 2004 Resolution 04-()9() Page 5 '-' 1 2 Exhibit B 3 4 5 . Vicinity Maps 6 . Site Location Map 7 8 9 10 11 File No.: CU-Q4-004 June 8, 2004 -....I Resolution Q4-090 Page 6 '- 'wi UNOFFJCIAL~ SUBJECT T8 PLAWNlNS & ZONING COMMISSION APPROVAL .. ,',," AGENDA ITEM 5: JAMES MORROW - FILE NO. CU-04-004: Having heard Staff comments in Agenda Item # 4, Chairman McCurdy opened the public hearing. Seeing no one, Chairman McCurdy closed the public hearing. Mr. Hearn stated after considering the testimony presented during the public hearing, including Staff comments, and the Standards of Review as set forth in Section 11.07.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners deny the application of James Morrow for a Conditional Use Permit to allow for the operation of a freestanding bar in the CG (Commercial, General) Zoning District because I do believe it is too close to an ACLF that is rehabilitating mentally retarded patients. Motion seconded by Mr. Grande, for discussion. Mr. Lounds questioned if Mr. Hearn felt that having the ACLF so close to the bar would cause an uncontrollable situation. Mr. Hearn stated that he lived near a bar when he was young and they had a lot of problems. He stated that they could not sleep because of the noise from the fights. He stated that he feels this bar would be too close to the ACLF and would affect their quality of life. He stated that he did not feel this was the right place for a bar. Mr. Lounds questioned if Mr. Hearn would feel the same way if it were a restaurant that served liquor. Mr. Hearn stated that he would not have a problem with a restaurant serving liquor because the patrons reason for going was to have a meal with a drink, not just going to have several drinks and possibly get drunk. Ms. Hammer questioned if there was any provision in the Land Development Code that would allow them to issue a conditional use permit on a temporary basis where they could review the conduct of the bar in a year or two and determine if to leave the permit in place or not. Mr. Kelly stated that there is nothing that allows for that in the Land Development Code. He advised that if an applicant violates any conditions of a conditional use permit then it would become a code violation case. He stated that this request only has a condition regarding the hours of operation but they could add additional conditions if the Planning and Zoning Commission felt it necessary. Mr. Grande stated that he did not feel the first thing someone should see when they come into St. Lucie County is a bar. He stated that adding conditions about the length of time for the conditional use permit was not practical because of the investment being made by the property owners and operators. Mr. Akins stated that the applicant has been a responsible business owners and good neighbor with his endeavors in the past and we need to believe in that. He continued that the applicant was honest in stating that they would not be serving food and would only be a bar and are now being penalized for it. P&Z I LPA Regular Meeting May 20, 2004 Page 7 of 9 '- -....I UNOFFICIAL... SUBJECT TO PLANNING & ZONING COMMISSION APPROV Ai Mr. Lounds stated that there have been several other bars throughout the County that have been good and bad. He continued that the owner's control is what makes the difference. He also stated that if the owner does not keep control over his establishment the police would get involved. Mr. McCurdy stated that he lived above a bar for six years and never had any problems. He stated that he did not feel it was right for them to restrict Mr. Giambanco's rights. Ms. Hammer questioned if Mr. Morrow would address their concerns and comments. Mr. Morrow stated that he was planning on this business being family owned and operated. He stated that the former manager of Habits would also be operating this lounge with them. He continued that they have been known in the past to drive patrons home and they have good relationship with the police. He stated that they are going to be very strict and would not tolerate any drugs or violence in their establishment. He advised that he has a daughter and would not jeopardize her safety in any way. Ms. Hammer questioned if the security surrounding the ACLF was such that a resident would be able to get into the lounge. Mr. Giambanco stated that the ACLF is a totally secure facility and is monitored 24 hours a day, seven days a week, so they would not be able to access the lounge. Upon a roll call vote the motion to deny failed with a vote of 1·6 (with Mr. Akins, Mr. Grande, Mr. Lounds, Ms. Hammer, Ms. Morgan, and Chairman McCurdy voting against). Mr. Grande stated after considering the testimony present during the public hearing, including Staff comments, and the Standards of Review as set forth in Section 11.07.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of James Morrow, for a Conditional Use Permit to allow for the operation of a freestanding bar in the CG (Commercial, General) Zoning District because it is consistent with the other businesses in the area and is an acceptable use of the property. Motion seconded by Ms. Morgan. Upon a roll call vote the motion was approved with a vote of 6·1 (with Mr. Hearn voting against) and forwarded to the Board of County Commissioners with a recommendation of approval. P&Z I LPA Regular Meeting May 20, 2004 Page 8 of 9 \w ST, LUCIE COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING AGENDA June 15, 2004 TO WHOM IT MAY CONCERN: NOTICE is hereby given in accordance with Sec· tion 11.00.03 of the St Lucie County Land Devel- opment Code and in accordance with the provi- sions of the St, Lucie County Comprehensive Plan, that the following applicants have requested that the St Lucie County Board of Commissioners consider their following requests: CROCE GIAMBANCO, for a Chan!le in Zoning from the I (Institutional) Zoning Pistnct to the CG (Co- mmercial, General) Zoning District for the follow· ing described property: ALL THAT PART OF THE SOUTH ONE-HALF OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, LYING WEST OF U.S. HIGHWAY NO.1 (STATE ROAD NO.5) AND EAST OF THE TURNPIKE FEEDER ROAD, BEING MORE PARTICULAR AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF U,S. HIGHWAY NO.1 AND THE SOUTH LINE OF SAID SOUTH ONE.HALF OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 6, THEN N 87 DE- GREES 29' 14" W A DISTANCE OF 220.76 FEET TO A POINT; THENCE N 27 DEGREES 32'57" E A DIS- TANCE OF 101.54 FEET TO A POINT SAID POINT BEGINNING THE POINT OF BEGINNING; THENCE S 87 DEGREES 29'14" E A DISTANCE OF 181.06 FEET TO A POINT; THENCE NORTHWESTERLY ALONG A CURVE CONCAVE TO THE WEST, HAV- ING A RADIUS OF 2964.93 FEET, A CENTRAL AN- GEL OF 02 DEGREES 59'28" ANP A ARC LENGTH OF 154.78 FEET, HOLDING A CHORD BEARING OF N 02 PEGREES 20'26" E AND A CHORD OF 154.77 FEET TO A POINT; THENCE N 62 DE- GREES 52'13" W A DISTANCE OF 101,54 FEET TO A POINT SAID POINT BEGINNING THE POINT OF BEGINNING; SAID PARCEL CONTAINS 24,647.76 SQUARE FEET MORE OR LESS, Location: 6623 N US # 1 (approximately 320 feet south of the Indian River County/St Lucie County border), JAMES MORROW, for a Conditional Use Permit to allow for the operation of a freestanding drinking establishment in the CG (Commercial, General) Zoning District for the following described prop- erty: ALL THAT PART OF THE SOUTH ONE·HALF OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIPA, LYING WEST OF U.S. HIGHWAY NO.1 (STATE ROAD NO.5) AND EAST OF THE TURNPIKE FEEDER ROAD, BEING MORE PARTICULAR AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT·OF-WAY LINE OF U,S. HIGHWAY NO.1 AND THE SOUTH LINE OF SAID SOUTH ONE-HALF OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 6, THEN N 87 DE- GREES 29'14" W A DISTANCE OF 220.76 FEET TO A POINT; THENCE N 27 DEGREES 32'57" E A PIS· TANCE OF 101.54 FEET TO A POINT SAID POINT BEGINNING THE POINT OF BEGINNING; THENCE S 87 DEGREES 29'14" E A DISTANCE OF 181.06 FEET TO A POINT; THENCE NORTHWESTERLY ALONG A CURVE CONCAVE TO THE WEST, HAV· ING A RADIUS OF 2964.93 FEET, A CENTRAL AN- GEL OF 02 DEGREES 59'28" AND A ARC LENGTH OF 154.78 FEET, HOLDING A CHORD BEARING OF N 02 DEGREES 20'26" E AND A CHORD OF 154.77 FEET TO A POINT; THENCE N 62 DE· GREES 52'13" W A DISTANCE OF 101.54 FEET TO A POINT SAIP POINT BEGINNING THE POINT OF BEGINNING; SAID PARCEL CONTAINS 24,647.76 SQUARE FEET MORE OR LESS. Location: 6623 N US 111 (approximately 320 feet south of the Indian River County/St Lucie County border). PUBLIC HEARINGS will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St Lu- cie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on June 15,2004, be· ginning at 6:00 P.M, or as soon thereafter as pos· sible. PURSUANT TO Section 286,0105, Florida Statutes, if a person decides to appeal any decision made by a board, agency, or commissIon with respect to any matter consIdered at a meeting or hearing, he wIll need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COMMISSIONERS ST. LUCIE COUNTY, FLORIDA IS/ Paula Lewis, CHAIR PUBLISH: June 5, 2004 645608 '-' /\ ~ rJ' /V'~ ~ !\ JJ; \wi 'wi BOARD OF COUNTY COMMISSIONERS ~' ·=r···.····~·"eJ··· 'e······,··¡::"··',·"····· ·--·.Y·" COUNTY \. , F LOR I D A "~" GROWTH MANAGEMENT June 4,2004 In accordance with the St. Lucie County Land Development Code, you are hereby advised that JAMES MORROW, has petitioned St. Lucie County for a Conditional Use Permit to allow for the operation of a freestanding drinking establishment in the CG (Commercial, General) Zoning District for the following described property: Location: 6623 N US # 1 (approximately 320 feet south of the Indian River County I St. Lucie County border). THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The second public hearing on the petition will be held at 6:00 P.M., or as soon thereafter as possible, on June 15, 2004, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commission are electronically recorded. If a person decides to appeal any decision made by the County Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 orT.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call (772) 462-1960 if you have any questions, and refer to: File Number CU-04-004. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS /"---.) . '/' I .' ' 'Y/Ùi.,J /Á- I~j LÆ'<:':) Il~lt.':.~f:-·-' ,., Paula Lewis, Chair JOHN D, ßRUHN, District No, 1 . DOUG COWARD, District No, 2 . PAULA A, LEWIS, District No,.3 . FRANNIE HUTCHINSON, District No, 4 . CLIFF ßARNES, Disrricr No, 5 Counry Administrator - Douglas M, Anderson 2.300 Virginia Avenue · Fort Pierce. FL .34982-5652 Administrotion: (772) 462-1590 . Planning: (772) 462-2822 · GISlTechnical Services: (772) 462-155.3 Economic Development: (772) 462-1550 · Fax: (772) 462-1581 Tourist Development: (772) 462-1529 · Fax: (772) 462-21.32 www.co.st-Iucie.fl.us '- ...., ST. lUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01 (C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four-fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes The Following Conditional Use: To allow for the operation of a freestanding drinking establishment. Regarding Property Located At: Currently Zoned: 6623 N US # 1 (approximately 320 feet south of the Indian River County / St. Lucie County border). CG (Commercial, General) Please Return To: St. Lucie County, Department of Growth Management Planning Division - ATTN: Dawn G. 2300 Virginia Avenue, Ft. Pierce, FL 34982 Please check only one of the three following statements and return by: Aoril11.2004. I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): Address: Date: Signed: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: FILE NO. CU-04-004 - James Morrow - '- "wi ~ COUNTY ~ FLORIDA --- PLANNING AND ZONING COMMISSION REVIEW: 5/20/03 File Number CU-04-004 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: Planning and Zoning Commission FROM: Planning Manager ~ DATE: May 12, 2003 SUBJECT: Application of James Morrow, for a Conditional Use Permit to allow the operation of a freestanding bar for the onsite consumption of alcohol within the CG (Commercial General) Zoning District. LOCATION: 6623 N US #1 (west side of US Highway One, immediately south of the Indian River County/St. Lucie County Line) EXISTING ZONING: I (Institutional) PROPOSED ZONING: CG (Commercial General) FUTURE LAND USE: COM (Commercial) PARCEL SIZE: approximately Y2 acre (24,647.76 square feet) PROPOSED USE: The purpose of the requested conditional use is to allow the operation of a freestanding bar within an existing building. PERMITTED USES: Section 3.01.03(S), CG (Commercial General) identifies the designated uses, which are permitted by right, permitted as an accessory use, or permitted through the conditional use process in the CG (Commercial General) Zoning District. Any use designated as a "Conditional Use" is required to undergo further review and approval. Any use not identified in the zoning district regulations is considered to be a prohibited use in that district (see Attachment "A"). SURROUNDING ZONING: CG (Commercial General) zoning district surrounds the property to the north, east and west and I (Institutional) zoning surrounds the property to the south. SURROUNDING LAND USES: The property to the north, south, east and west is designated with a COM (Commercial) future land use designation. \w "" May 12, 2004 Page 2 Subject: James Morrow File No.: CU-04-004 The surrounding uses are primarily general commercial with a used car dealership/automotive repair shop being located to the east; a vacant gasoline station being located to the north and to the south an ACLF owned by the property owner. FIRE/EMS PROTECTION: Fire Station Number 4 (4000 St. Lucie Boulevard) is located approximately 3 Y2 miles to the southwest. UTILITY SERVICE: The subject property will be provided water through an onsite well and sewer services through an onsite septic system. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for North US Highway One is 200 feet. SCHEDULED IMPROVEMENTS: None TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. ******************************************* STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed conditional use, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed conditional use is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed conditional use is not in conflict with any applicable portions of the St. Lucie County Land Development Code. Section 3.01.03(S)(7)(b), CG (Commercial General) Zoning District, allows freestanding drinking places for the consumption of alcoholic beverages as conditional uses. The subject property is located at 6623 N US Highway One (west side of North US Highway One, just south of the Indian River/St. Lucie County line), the existing abandoned Nino's Restaurant. The subject area is zoned for the proposed commercial use. The applicant is requesting conditional use approval for a freestanding bar with onsite consumption of alcoholic beverages. \w 'wi May 12, 2004 Page 3 Subject: James Morrow File No.: CU-04-004 2. Whether and the extent to which the proposed conditional use would have an adverse impact on nearby properties; The proposed conditional use is not expected to adversely impact the surrounding properties. The proposed site is located within a developed area. The property to the north is an abandoned gas station, the property to the east contains a used car dealership/automotive repair shop and the property to the south is an ACLF owned and maintained by the current property owner, the property to the west is currently vacant commercially zoned property. The hours of operation for the bar will be between 11 :00 am and 2:00 am, Monday through Sunday. The applicant anticipates a total of eight employees being employed at the bar. 3. Whether and the extent to which the proposed conditional use would be served by adequate public facilities and services, including roads, police protection, solid waste disposal, water, sewer, drainage structures, parks, and mass transit; This conditional use is not expected to create significant additional demands on any public facilities in this area. At the time that the existing building was developed the building was reviewed for any impacts. Previously, the subject property was utilized as a freestanding bar for the onsite consumption of alcohol and as a restaurant (Nino's Restaurant) which is now abandoned. The proposed use is not expected to have a negative impact on any roadway network within the vicinity of the subject property. The proposed property receives water and sewer from an onsite well and septic system. The subject property is located within the service delivery area of the North County Utility. Currently, municipal services are not available within this area, as the services become available, the applicant will be required to connect to the municipal system. 4. Whether and the extent to which the proposed conditional use would result in significant adverse impacts on the natural environment; The proposed conditional use is not anticipated to create adverse impacts on the natural environment. The applicant is proposing to utilize an existing building. No significant structural improvements are expected to occur on the subject site. COMMENTS The applicant, James Morrow, has applied for the requested conditional use permit in order to operate a freestanding bar on property located at 6623 N. US Highway One in the CG (Commercial General) Zoning District. A freestanding bar with onsite consumption of liquor is allowed as a conditional use in the CG (Commercial General) Zoning District upon approval of the Board of County Commissioners. Staff finds that this petition meets the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the \w 'wi May 12, 2004 Page 4 Subject: James Morrow File No.: CU-04-004 Board of County Commissioners with a recommendation of approval, subject to the following condition of approval: 1. The hours of operation will be limited to 11 :00 am - 2:00 am Please contact this office if you have any questions on this matter. Attachment cs cc: Croce Glambanco James Morrow File \w 'wi Suggested motion to recommend approvaVdenial of this requested conditional use. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF JAMES MORROW, FOR A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A FREESTANDING BAR IN THE CG (COMMERCIAL GENERAL) ZONING DISTRICT, BECAUSE... [CITE REASON(S) WHY - PLEASE BE SPECIFIC] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF JAMES MORROW FOR A CONDITIONAL USE PERMIT TO THE OPERATION OF A FREESTANDING BAR IN THE CG (COMMERCIAL GENERAL) ZONING DISTRICT, BECAUSE... [CITE REASON(S) WHY - PLEASE BE SPECIFIC] ~<.. ,,-- S. CG 1. Purpose \w .....¡ Section 3.01.03 Zoning District Use Regulations COMMERCIAL. GENERAL The purpose of this district is to provide and protect an environment suitable for a wide variety d commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings. The number in "0" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. b. c. d. e. f. g. h. ~- i. j. k. I. m. n. o. p. q. r. s. 1. u. v. w. x. y. z. aa. bb. ce. dd. ee. ff. gg. ----- Adjustment/collection & credit reporting services (732) Advertising (731) Amphitheaters (999) Amusements & recreation services - except stadiums, arenas, race tracks, amusement parks and bingo parlors (79) Apparel & accessory stores (56) Automobile dealers (55) Automotive rental, repairs & servo (except body repairs) (751.753.754) Beauty and barber services (723/724) Building materials, hardware and garden supply (52) Cleaning services 7349) Commercial printing (999) Communications - except towers (48) Computer programming, data processing & other computer servo (737) Contract construction servo (office & interior storage only) (15/16117) Cultural activities and nature exhibitions (999) Duplicating, mailing, commercial arVphoto. & stenog. servo (733) Eating places (581) Educational services - except public schools (82) Engineering, accounting, research, management & related services (87) Equipment rental and leasing services (735) Executive, legislative, and judicial functions (91/92/93/94/95196197) Farm labor and management services (078) Financial, insurance, and real estate (6OI61162J63164/65/67) Food stores (54) Funeral and crematory services (726) Gasoline service stations (5541) General merchandise stores (53) Health services (80) Home furniture and furnishings (57) Landscape & horticultural services (078) Laundry, cleaning and garment services (721) Membership organizations - except for religious organizations as provided in Section 8.02.01 (H) of this code (86) Miscellaneous retail (see SIC Code Major Group 59): (1) Drug stores (591) Adopted August 1. 1990 118 Revised Through 08101/00 ~ hh. ii. /---- jj. kk. II. mm. nn. 00. pp. qq. rr. ss. tt. uu. w. ww. XX. \w' "wi Section 3.01.03 Zoning District Use Regulations f~' (' (2) Used merchandise stores (593) (3) Sporting goods (5941) (4) Book & stationary (5942/5943) (5) Jewelry (59441 (6) Hobby. toy and games (5945) (7) Camera & photographic supplies (5946) (8) Gifts, novelty and souvenir (5947) (9) Luggage & leather goods (5948) (10) Fabric and mill products (5949) (11 ) Catalog, mail order and direct selling (5961/5963) (12) Liquified petroleum gas (propane) (5984) (13) Florists (5992) ( 14 ) Tobacco (5993) (15) News dealers/newsstands (5994) (16) Optical goods (5995) (17) Misc. retail (See SIC Code for specific uses) (5999) Miscellaneous personal services (see SIC Code Major Group 72): (1) Tax return services (7291) (2) Misc. retail (See SIC Code for specific uses) (7299) Miscellaneous business services (see SIC Code Major Group 73): (1) Detective, guard and armored car services (7381) (2) Security system services (7382) (3) News syndicate (7383) (4) Photofinishing laboratories (7384) (5) Business services - misc. (7389) Mobile home dealers (527) Mobile food vendors (eating places, fruits & vegetables-retail) (999) Motion pictures (78) Motor vehicle parking - commercial parking & vehicle storage. (752) Museums, galleries and gardens (84) Personnel supply services (736) Photo finishing services (7384) Photographic services (722) Postal services (43) Recreation facilities (999) Repair services (76) Retail trade-indoor display and sales only, except as provided in Section 7.00.00. (999) Social services: (1) Individual & family social services (8321839) (2) Child care services (835) (3) Job training and vocational rehabilitation services (833) Travel agencies (4724) Veterinary services (074) ( (, 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. ------ ( (( Adopted August 1, 1990 119 Revised Through 08101/00 \w ~ Secticn 3.01.03 Zoning DistJict Use Regulations I." .' (-: " r- 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a. Adult establishments subject to requirements of Sec. 7.10.10. (999) b. Drinking places (alcoholic beverages) - free-standing. (5813) c. Disinfecting & pest control services. (7342 d. Amusement parks. (7996) e. Go-cart tracks. (7999) f. Hotels & motels. (701) g. Household goods warehousing and storage-mini-warehouses (999) h. Marina - recreational boats only. (4493) i. Motor vehicle repair services - body repair. (753) '~ j. Sporting and recreational camps. (7032) k. Retail trade: (1 ) Liquor stores. (592) k. Stadiums, arenas, and race tracks. (794) I. Telecommunication towers - subject to the standards of Section 7.10.2~'Ì (999) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include UK' [¡,[ie' :<1g: a. Drinking places (alcoholic beverages as an accessory use to a restaurant and/or civic, social, and fraternal organizations). b. One single-family dwelling unit contained within the commercial building, or a detached single-family dwelling or mobile home. (for on-site security purposes). c. Retail trade: (1) Undistilled alcoholic beverages (accessory to retail sale of food). Adopted August 1, 1990 120 Revised Through 08/01/00 - - \w 'wi ~ ..e.rr z 0 ~ ,/ ~ 0 ~ 0 0 ~r~t , ~ ~ :~ I en 0 10~ ' ... Q) :J ~ I I E ctS ü c. .~:3 i I () J '\{ ~ I I/: '. CIA"_ ~ '& \ .. - c +-'0 0,- Q)+-' . --. C\1 aO '-0 CL.-.J I ~CIII'" \1, CIII~' ',- - 010II HIØSI30III _.,.... ... ù ~ I/: ! ~ z ::> 0 ü ~ z ::> o ü -- __, a: w > ë: rZ·) 'YNV:) I .-J ·l~.- ~=t~~'=='="=;V-;WY===O='--'- _ 1IO.1Im ... z ¡::: III a: '" « I/: ~ ... ~ i .. w :1 .. ! _ 1-.:1 -- I ¡ .. '" I I _au"s a: z « is ~ .~~:.:.;.=:.,,~=::.- ! ... I fI>'D .. '" ."ø~ I/: s ~[ 1 S S[ 1 S g[ 1 , AlNno:::> 3380H:::>33>10 ~ -- - - \w. ...,¡ A Petition of James Morrow for a Conditional Use Permit to operate a free-standing drinking establishment. I -t-- I -t-- I I t-- I t-- I t-- I t-- I ----~ \ ( \ I , ) CU 04-004 ~ This pattern indicates ~ subject parcel t.r) ~ "b o o Q: (lJ ...... o ...... C/) ...- o z >- o ;: ..c 0" I (f) :::J 5è """';its ¿¡,~_ t Map prepared April 23. 2004 1 This map has been compiled lor general planning m reference purpoaes only. N 'vYhíle every ."crt has been made 10 provide the moat current and aco.J'ate ¡nfOtmltiOn possible, it Is not intended tor use 88 a legally binding document. Zoning - - ~ -- ~ """ I +- £t) I ~ +- "D I 0 AR-1 0 Q:: Cb U ....... 0 ....... C/J I 1-- I iR:=1 I 1-- I 1-- I '\w James Morrow -----., I ( '\ I I ) CU 04-004 ~ This pattern indicates ~ subject parcel ...... 0 z ~ 0 3: ..c 0'1 I CG (f) :J 5è./~ &-7"'- t Map pre:1r:d April 23, ;~~~,.--'-". f Thit map has been compiled lor general planning and reference putpo&el only. N 'M'tile ewry eftort hu been made to provide the most current and 8co.J'ate information poasible, it II not intended lor use as a legally binding doCumef'It \..; Land Use James Morrow I t- I t- I RU COM I t-- $u I t-- I t-- I ------, \ ( '\ I , ) COM CU 04-004 ~ This pattern indicates ~ subject parcel """'" if) ~ ~ o o CJ::: ClJ ....... o ....... C/J ~ COM o z >- o 3: ..c 0' I (f) :::> 5è ~~ ¿;;,~" t GIS _=--.,_._"'"" Map prepared April 23. 2004 This map has been compiled lor general planning and reference purpoeea only. N 'M'\I1e every effort has been made to proyidø the most c~ and accurate information possible, it is oot intended for use 88 a legally binding document I +- I +- I I t- I t- I t- I t- I ~---- \...r James Morrow ,...... , ...... # ......... I , , , 1.92 o. I I , I I , , , , , I I 2.12 1.45 , Jj 1.06 (þ Ii ¡; 2.11 ¡f ,; ,. _l__..... \ § " .. t I ¡ J 1.68 1.00 ¡ i ¡ ; , ¡ G 1.70 1.40 1.86 1/ i II 1.59 à__ua._IiIIIiI_a¡¡UliòIia4___ --------------- ----- -------- C U 04-004 L-_-_-_-.: 500' boundary ~ This pattern indicates ~ subject parcel 1.1) ~ ...... O"D ...... c:...... (lJ ...... o ...... C/) ..-- ....¡ ...... ...... ...... ...... 1 . . 1.09 · · · · · · · I . I o z >- o 1 6.88 0"1 I (/) ::> :~::~:~~ f ThIs map has been compiled lor general plaming .,d reference purposes only N VVhWe every effort has been made to provide the moat cumII'It and accurate intoonation poasible, It II not Intended for use as a legally binding document. '-' James Morrow CU 04-004 ¡;.j//////1 This pattern indicates ~ subject parcel ....., . ..... ;- "II¡, " . "..,. .' ,. ,I, \-~, t, , '; ", it. .. .' .' ,., r ·'.ø....¥,.: .. ; . I.' , , . iI'!"fI ,f" ff.· .. I:' f ;". '.11 . .,.' ~ ./'d' . II¡('~ ...tl, I'~ ".' " ¡" "'~i ~~ .A\'¡:~~' " ..~. ,fa .]IW \ t 5'c ~UçW ~4~ GIS "_...,~:~. Map prepared April 23, 2004 This map has been compiled for general planning and re1erence purposes only. N 1Nhi1e fNWY eftort has been made to provide the most current and ac:cura1e in1ormalion poasible, it is not intended 10r use 88 8 legally binding docI..mert. '-" ST, LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA May 20. 2004 o WHOM IT MAY CONCERN: 10TICE is hereby given in accordance with Sec- :ion 11.00.03 of the SI. Lucie County Land Devel- Jpment Code and in accordance with the provi- ¡ions of the SI. Lucie County Comprehensive 'Ian, that the following applicants have requested :het the SI. Lucie County Planning and Zoning :ommission consider the following requests: ROSE GIAMBANCO, for a Chan¡¡e in Zoning from :he I (Institutional) Zoning District to the CG (Co- -nmercial, General) Zoning District for the follow- ng described property: .LL THAT PART OF THE SOUTH ONE-HALF OF rHE NORTHWEST 1/4 OFTHE NORTHEAST 1/4 :IF SECTION 6, TOWNSHIP 34 SOUTH, RANGE ~o EAST, ST. LUCIE COUNTY, FLORIDA, LYING /VEST OF U.S. HIGHWAY NO.1 (STATE ROAD 110.5) AND EAST OF THE TURNPIKE FEEDER ~OAD, BEING MORE PARTICULAR AS FOLLOWS: EGINNING AT THE INTERSECTION OF THE /VEST RIGHT-OF·WAY LINE OF U.S. HIGHWAY 110. 1 AND THE SOUTH LINE OF SAID SOUTH :lNE-HALF OF THE NORTHWEST 1/4 OF THE IIORTHEAST 1/4 OF SECTION 6, THEN N 87 DE- 3REES 29'14" W A DISTANCE OF 220.76 FEET TO A. POINT; THENCE N 27 DEGREES 32'57" E A DIS· rANCE OF 101.54 FEET TO A POINT SAID POINT 3EGINNING THE POINT OF BEGINNING; THENCE S 87 PEGREES 29'14" E A PISTANCE OF 181.06 =EET TO A POINT; THENCE NORTHWESTERLY A.LONG A CURVE CONCAVE TO THE WEST, HAV· NG A RADIUS OF 2964.93 FEET. A CENTRAL AN- 3EL OF 02 DEGREES 59'28" AND A ARC LENGTH :IF 154,78 FEET, HOLDING A CHORD BEARING :IF N 02 DEGREES 20'26" E AND A CHORP OF 154.77 FEET TO A POINT; THENCE N 62 DE- 3REES 52' 13" W A PISTANCE OF 101.54 FEET TO A. POINT SAID POINT BEGINNING THE POINT OF 3EGINNING; SAID PARCEL CONTAINS 24,647.76 SQUARE FEET MORE OR LESS. ocation: 6623 N US # 1 (approximately 320 feet ¡outh of the Indian River County/SI. Lucie County Jorder). AMES MORROW. for a Conditional Use Permit to ¡lIow for the operation of a freestanding drinking 3stablishment in the CG (Commercial, General) ~oning District for the following described prop- 3rty: ,LL THAT PART OF THE SOUTH ONE-HALF OF rHE NORTHWEST 1/4 OF THE NORTHEAST 1/4 :IF SECTION 6, TOWNSHIP 34 SOUTH, RANGE ~o EAST, ST. LUCIE COUNTY, FLORIDA, LYING /VEST OF U.S. HIGHWAY NO.1 (STATE ROAP 110. 5) AND EAST OF THE TURNPIKE FEEDER ~OAD, BEING MORE PARTICULAR AS FOLLOWS: EGINNING AT THE INTERSECTION OF THE /VEST RIGHT·OF·WAY LINE OF U.S. HIGHWAY 110. 1 AND THE SOUTH LINE OF SAID SOUTH :lNE-HALF OF THE NORTHWEST 1/4 OF THE IIORTHEAST 1/4 OF SECTION 6, THEN N 87 DE- 3REES 29'14" W A DISTANCE OF 220.76 FEET TO A. POINT; THENCE N 27 DEGREES 32'57" E A DIS- rANCE OF 101.54 FEET TO A POINT SAID POINT 3EGINNING THE POINT OF BEGINNING; THENCE S 87 PEGREES 29'14" E A PISTANCE OF 181.06 =EET TO A POINT; THENCE NORTHWESTERLY A.LONG A CURVE CONCAVE TO THE WEST, HAV- NG A RADIUS OF 2964.93 FEET, A CENTRAL AN· 3EL OF 02 DEGREES 59'28" AND A ARC LENGTH :IF 154.78 FEET, HOLDING A CHORD BEARING :IF N 02 DEGREES 20'26" E AND A CHORD OF 154.77 FEET TO A POINT; THENCE N 62 DE- 3REES 52'13" W A DISTANCE OF 101.54 FEET TO A. POINT SAID POINT BEGINNING THE POINT OF 3EGINNING; SAID PARCEL CONTAINS 24,64U6 SQUARE FEET MORE OR LESS. ceation: 6623 N US # 1 (approximately 320 feet ¡outh of the Indian River County/SI. Lucie County Jorder). UBLlC HEARINGS will be held in the Commission :hambers, Roger Poitras Annex, 3rd Floor, St. Lu- :ie County Administration Building, 2300 Virginia A.venue, Fort Pierce, Florida on April 20, 2004, be· ~inning at 7:00 P.M. or as soon thereafter as pos· ¡ible. URSUANT TO Section 286.0105, Florida Statutes, f a person decides to appeal any decision made JY a board, agency, or commission with respect :0 any matter considered at a meeting or hearing, 1e will need a record of the proceedings, and :hat, for such purposes, he may need to ensure :hat a verbatim record of the proceedings is -nade, which record includes the testimony and 3vidence upon which the appeal is to be based. LANNING AND ZONING COMMISSION / DCAl PLANNING AGENCY T. LUCIE COUNTY, FLORIDA ;/ Carson McCurdy, Chairman UBLlSH DATE: May 10,2004 616407 ...." ,,/~ () \ ~.. \ ¡J ~ "w1I ,ß_Ul. ~ -11 [f MII-Id1I - BOARD OF COUNTY COMMISSIONERS ~=r.~eJ ~ IE .~~.. . COUNTY >~. F LOR I D A ,""--, COMMUNITY DEVELOPMENT DIRECTOR -. May 10, 2004 In accordance with the St. Lucie County Land Development Code, you are hereby advised that JAMES MORROW, has petitioned St. Lucie County for a Conditional Use Permit to allow for the operation of a freestanding drinking establishment in the CG (Commercial, General) Zoning District for the following described property: Location: 6623 N US # 1 (approximately 320 feet south of the Indian River County / St. Lucie County border). THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The fIrst public hearing on the petition will be held at 7:00 P.M., or as soon thereafter as possible, on May 20, 2004, County Commissioner's Chambers, St. Lucie County Administration Buüding Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Planning and Zoning Commission at least 3 days prior to a scheduled hearing. County policy discourages communication with individual Planning and Zoning Commission and County Commission on any case outside of the scheduled public hearing( s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 orT.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call (772) 462-1960 if you have any questions, and refer to: File Number: CU-04-004. Sincerely, S))..LUCIE C9UNTY f.LAN. NIFf;G b ZONING COMMISSION L-',aA,~'C;rì 7yU! C(-c-,~ d lMI_ Carson McCurdy, Chairman ,~r ~ 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 2.300 Virginia Avenue · Fort Pierce, FL .34982-5652 Administration: (772) 462-1590 · Planning: (772) 462-2822 · GISfTechnical Services: (772) 462-155.3 Economic Development: (772) 462-1550 · Fax: (772) 462-1581 Tourist/Convention: (772) 462-1529 · Fax: (772) 462-21.32 www.co.st-Iucie.fl.us ---- ---- ~ ~~ ",p! ~!~o ~~ ~~ ~~~~~ N~~~ ~~ ~~ m~~~~ ~~~~~~~~~~~~mm'~~~ ~~~mm~~~~m~~~ m~~ NMM~~",MMM~",MN ~~~ " E~~~~~~~~~~~u~~~xx~~ ~~~~~~~~~~~~Z~~~~~~~ ~ ë ë J:~ E2.r:.r:.r:.r: 3.ë ~w WW~~~~~ ~~ ~ Æ~~~~~ÆÆ~ÆÆ ~~~ ~~ 5~~"~~55 55~~ð" ~" ~ü~~üü~~oo~io~~møm~m ~~~~~~~~~~~ ~~Ee~=~e 6~~~~~~~~~~mð~~~~~~~ " ~ ~< ~ * ** 1~I~m ~ ~~ ~ I.~I~~ ~g ""0 o~ "00 ~~j~ N m~~ ~N~~ ~~ w ~~~N5JJ~~~~~m=="~~ ~ ~ M~~I~~N~~~~~æ~¡C G ø~~~N,li~~ ~i~~~~üð - ~ð~~~~~ð~~ðð~~~~~~~~ ~O~OO~~OOOOOO~~~MM8~ <~~~~mm~~~~~~~N~~V~N ~ '" z li? ü: Il.~ ~ ~~ ~~ ",-8 om ..,m ~ '" Z 1ñ ~ g ~ g¡ ê ,,~ ¡ ,~ t:: .S! co:: o~ ~~ ~ æ .~ < " 'E 5 m a: a: ãiffi a: a: iijOO ~ .., â) CD GJ êi 0 i¡ ¡¡ g 5 '" ~~ ~~ î f! g g g g ~ §~ ~~ '" a < ¡¡ E E m ~~ ~oðcc...J aðoð i?~~¡'~~~~~ ü::;;::¡008::¡::¡:;;:;; win ~ ~ ~~ oðoð <5ãi ÕÕ :;;:;; 1ñ " ~ ~ u.u. " E E E!J~~~ ~(! ü~~ ~ '" .., ~ ü: ~ Õ ø ~ ! 5 " c :~;g; ~ ~ a:o õ~ ~ 2E 22 0 ~~g ~~ '" ~Iê~~ I 5c~"'00 J ~, ~~£~~~~=~ ==~~3~~~bg ~~ ~~Qco~HHsco ~~~m~~~~öo ~~ ~oü>ðð~~ü~~ü<..,(! üüu.::¡ c ~ 8-0 £!¡::¡ c: ~ Ii oll!IIIIIIIIIIII!lic: .co -NNMMMMNN~NN~NNNMM~co ~~ ~~~~~~~~~~~~~~~~~~~~ (! ::¡ ~~~~-~-~-~~~~-~~-~~~ --- -- "'wI ....... .........-- - ~ '-' ...., Agenda Request Item Number Date: .--- " ~ -:D 06/17/04 To: Submitted By: Board of County Commissioners Growth Management Department Consent Regular Public Hearing Leg [ ] SUBJECT: Preliminary Planned Unit Development approval for the project to be known as Johnston Lakes - PUD for property located on northwest corner of the intersection of Johnston Road and Indrio Road. BACKGROUND: Glassman Properties, Inc., has withdrawn his application for Preliminary Planned Unit Development approval. FUNDS AVAILABLE: N/A PREVIOUS ACTION: At the May 4, 2004, Board of County Commissioners public hearing, the request for Preliminary Planed Unit Development approval was continued to June 17, 2004. At the March 25, 2004, public hearing on this matter, the S1. Lucie County Planning and Zoning Commission, by a vote of 4 to 3 (Mr. Akins, Ms. Hammer, and Mr. Hearn) recommended approval of the requested Preliminary Planned Unit Development approval for the project to be known as Johnston Lakes - PUD. RECOMMENDATION: Staff recommends the Board accept the withdrawal of the application. COMMISSION ACTION: ~ APPROVED c=J OTHER D DENIED Approved 5-0 ctt;E ?-- Douglas M. Anderson County Administrator v/County Attorney ,:;t:t- Originating Dept.: Finance: _ , (,;oordinationl Signatures Mgt. & Budget: Other: 0/ &:"D:~ ~ Purchasing: Other: - "... , ~ "'" Commission Review: June 17, 2004 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Interim Growth Management Director DATE: June 9, 2004 SUBJECT: Application of Glassman Properties, LLC, for Preliminary Planned Unit Development approval for the project to be known as Johnston Lakes - PUD. Per the attached letter, the applicant for the above referenced project has withdrawn his petition for Preliminary Planned Unit Development approval. SUBMITTED: venson, ASLA rowth Management Director hf cc: Lindsey Walter County Administrator County Attorney Public Works Director File -~ ~ - ...., ... - --N() 72r·'-p. 2/2- ,..., --- I! t I, I JUN. 9. 2004 10: Ol\~ ~ Kildav If Assoc;atea Landscape Architects I Planners 155' Forum Plaoe, Suite 100A West Palm Beaçh, Florida 3340' (561) 689-5522. Fax (56') 689-2592 E·Mail: ¡nfo@klld.yino.com KILDAY & ASSOCIATES , . , June 9. 2004 David Kelly, Planning Manager Department of Community Development St. Lucie County 2300 Virginia Avenue Ft. Pierce. FL 34982 Re: Glassman Properties, lLC. RZ-03-017/PUD-03-011 Our File No.: 500.23 Dear Mr. Kelly, Pursuant to our telephone conversation this morning, please accept this letter as my client's request to withdraw the above referenced application currently scheduled on the June '15. 2004 Board of County Commission Public Hearing agenda. This letter also supercedes our June 8, 2004 withdraw letter faxed to your office yesterday. Please feel free to contact me if you have any questions or require further information. Sincerely I ~C?-w~ Lindsey A.. Walter Cc: Steven Glassman Noreen Dreyer, Esq. Butch Terpening. P.E. H:cllentslSOO,2300rJeSpondlncekelywd/tr_8-Ø.04.doc '-" ~ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: c:iJ APPROVED C:=J OTHER ""'--County Attorney Originating Dept.: Finance: - - """ Agenda Request /~--- -- " -../ E:: 06/15/04 Item Number Date: Consent Regular Public Hearing Le . [ ] Board of County Commissioners Growth Management Department Consider the applicant's request to continue the Becker Holding Corporation's Future Land Use amendment. The petition includes 72 acres located at the northwest corner of the Selvitz Road and Ralls Road intersection. The transmittal to the Department of Community Affairs for the amendment proposed to change 38 acres located inside the 100-year floodplain from RS (Residential, Suburban - 2 du/ac) to RlC (Residential, Conservation - 1 du/5ac) and 35 acres outside the 100-year floodplain from RS (Residential, Suburban 2 du/ac) to RU (Residential, Urban 5 du/ac). (File No: PA-03-003) On November 24, 2003, we received the Department of Community Affairs (DCA) Objection, Recommendations and Comments (ORC Report), which included no objections to the transmitted plan amendment (see attached). On December 16, 2003, the Board continued the public hearing to adopt the amendment to allow the applicant time to present a Planned Unit Development (PUD) concurrent with the Future Land Use change. The applicant has submitted a PUD application and we expect the PUD to be ready for your review by the end of August 2004. N/A At the June 19, 2003, the Planning and Zoning Commission, by a vote of 8 to o recommended denial of the applicant's request for a change the future land use designation on the entire 72 acres from RS (Residential, Suburban) to RU (Residential, Urban). On September 2, 2003 the Commission transmitted an amended application to the Department of Community Affairs for review, the transmittal proposed a Future Land Use designation from RS to RlC for lands inside the floodplain from RS to RU for lands outside the floodplain. On December 16, 2003, the Board of County Commissioners continued the public hearing to consider adoption of this petition until June 15, 2004. Continue the hearing to consider the adoption of the Becker Holding Corporation Future Land Use amendment until September 6,2004. ~URRENCE: D DENIED Approved 5-0 . . ou~f:::n County Administrator ~ Purchasing: Other: Coordination! Signatures Mgt. & Budget: Other: E~P ~"ß - " '-" ....,¡ " GROWTH MANAGEMENT DEPARTMENT Administration MEMORANDUM TO: County Commissioners FROM: Randy Stevenson, Interim Community Development Director DATE: June 8, 2004 SUBJECT: Becker Holding Corporation/File No. PA-03-003 Consider the applicant's request for an extension of time to consider adoption of the referenced plan amendment. On December 16, 2004, the Board of County Commissioners continued the above petition until June 15, 2004. The purpose of the action was to allow the applicant time to prepare and present a Planned Unit Development to the Board concurrent with the proposed adoption of the Future Land Use amendment. The applicant submitted a Planned Unit Development application on February 20, 2004. Staff and developer's representatives have worked on the plan since that time. We expect the PUD to be ready for your review by the end of August. The amendment lands include 72 acres located at the northwest corner of Selvitz Road and Ralls Road, southwest of Ft. Pierce. On November 24, 2003, we received a letter from the Department of Community Affair's that included recommendations and comments, but no objections to the above plan amendment (see attached). Staff would note that adoption of the proposed amendment is outside the 60-day adoption period prescribed by Section 163.3184(7)(a), Florida Statutes. The Department of Community Affairs has indicated that adoptions by the local governing body after the 60-day period have been approved when the Department is informed of the local governments efforts to adopt an amendment. However, we have not received a formal extension of time and cannot ensure that Department of Community Affairs will recognize the amendment. Staff recommends the Board continue consideration of the Becker Holding Corporation Future Land Use Amendment until September 6, 2004, with an understanding that the amendment is outside the time lines of Florida Statute 163.3184(7)(a). If you have any questions regarding this petition please let us know. cc: County Administrator County Attorney AI Broder File '-" ..., ,; STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" IEB BUSH GOIIernor COllEEN CASTILLE Secretary November 23,2003 The Honorable Paula A. Lewis Chairman, St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 34982 Dear Chairman Lewis: The Department of Community Affairs has completed its review of the proposed Comprehensive Plan Amendment for St. Lucie County (DCA No. 03-2), which was received on September 24, 2003. Copies of the proposed amendment have been distributed to appropriate state, region and local agencies for their review, and their comments are enclosed. The Department has reviewed the comprehensive plan amendment for consistency with Rule 9.1-5, Florida Administrative Code (F.A.C.) and Chapter 163, Part II, Florida Statutes (F.S.) and has identified no objections. We do offer a comment on the parcel owned by the Becker Holding Corporation, which is being considered as part of an environmental restoration effort to return the North Fork of the St. Lucie River, including Ten Mile Creek, to its pre-1940s condition. The parcel has been identified as containing 2 of the 21 reconnection sites. identified in the Feasibility Study for the Reconnection of Wetlands and Oxbows along the North Fork of the St. Lucie River, June 2ûû3. While we recognize the County's intent to reduce density in the t1oodplain, as being very positive we suggest the County further facilitate restoration by encouraging the clustering of development, including stormwater facilities to the uplands. In order to expedite the regional planning council's review of the amendment, and pursuant to Rule 9.1-11.011(5), F.A.C., please provide a copy of the adopted amendment directly to the Executive Director of the Treasure Coast Regional Planning Council. 2555 SHUMARD OAK BOULEVARD· TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 8S0.921.0781/Suncom 291.0781 Internet address: httD:/Iwww.dca.slale fl.us CRITICAL STATE CONCERN FIELD OrFICE 2796 Ovt!r1t!al Hi&hw.y. Suile 212 Ma,alhon. Fl 33050-2227 COMMUNITY PLANNING 2555 Shumard O.k Boulevard Talla"mre, FL 32399·2100 E-\\ERC[~CY ,·.'_~'"GEMENT 2555 Shumard Oak Boulevard Tall.h.5Ire, FL 32399·2100 HOUSING" COMMUNITY DEVElOPMENT 2555 Shumard Oak Boule,ard Tallahmee, Fl32399·2100 ~ ..,,; .. The Honorable Paula A. Lewis November 21, 2003 Page 2 For your assistance, we have attached procedures for final adoption and transmittal of the comprehensive plan amendment. If you have any questions, please call Ken Metcalf, Regional Planning Administrator, at (850) 922-1807, or Dan Evans, Planner at (850) 922-1805. Sincerely yours, L1lv--~ Charles Gauthier, AICP Chief of Comprehensive Planning CG/de Enclosures: Review Agency Comments Transm ittal Procedures cc: Mr. Dennis Murphy, Director, St. Lucie County Community Development Department Mr. Michael Busha, Executive Director, Treasure Coast Regional Planning Council. ~ """'" SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686·8800 . FL W ATS 1-800-432-20-l5 . TOO (561) 697-25ï-l M"iling Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 . www.sfwmd,go\' GOV 08-32 October 22, 2003 --- ...' " Ray Eubanks, Administrator Plan Review and DRI Processing Team Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 I ",\2 œ r2 n \'.í~· ....í..> : U~ I ¡~ Jì I~ II '. ! )1 ¡ !,Jtll OCï 2 ì 2UL~ . . - RPM sSP Î PlAN PROCESSING TEAM _.....:.0.. __ . ~...I , i : .J I ~ Dear Mr. Eubanks: Subject: Proposed Amendment Comments St. Lucie County, DCA# 03-2 . II -(\ IC - \ (7: 1'l1¡le:) South Florida Water Management District staff has reviewed the above subject document and we have no adverse comments on JIT Investments, File Number PA-03-001. However, we are forwarding comments on Becker Holding Corporation, File Number PA-03-003 (see attached). If you have any questions or require additional information, please contact Jim Golden at (561) 682-6862 or me at (561) 682-6779. Sincerely, ~tl/L-/C. .,..-- -----.------ P.K. Sharma, AICP Lead Planner Water Supply Planning & Development Division PKS/nk c: Ken Metcalf, DCA Michael Busha, TCRPC Dennis Murphy, St. Lucie County COVERxlxC Bo.~RD EXECUTIVE OFFICE Nicolás J. Guti~rrc¿, Jr., ES\.1" Oll/Ù" Pamela Brooks-Thomas, V/~'e-CIII"'r Yr..,);) \1 R.H'II,; l\.!ich.,d Collins Hugh M. English lenn.lrt E, Lindahl. P-E. Kevin McCarty Harkley R. Thornton Trudi K. Williams, P.E. Henry Dean, Er",'/lIÙ'I' pir,·(/,rr ~ ...""I ;; Name of Agency: Lead Reviewer: Local Government: DCA Response Date: South Florida Water Management District Jim Golden, AICP, (561) 682-6862 S1. Lucie County, DCA #03-2 October 24, 2003 ============================================================= BACKGROUND: SFWMD staff has completed its review of two proposed amendments to S1. Lucie County's Future Land Use Map. SFWMD staff is providing comments on one of the proposed amendments, Becker Holding Corporation (File Number PA-03- 003), pursuant to Chapter 163, Part II, F.S. Please note that the SFWMD's comments are not intended to unlawfully restrict in any manner the legal rights of the property owner. The proposed amendment seeks to change the current Residential Suburban (RS) designation (2 dwellings units per acre) on a ±73-acre parcel to a Residential Urban (RU) designation (5 dwelling units per acre) on 38 acres and a Residential Conservation (RC) designation (0.20 dwelling units per acre) on 35 acres. COMMENTS: The subject ±73 acre parcel is located adjacent to Ten Mile Creek which is a tributary of the North Fork of the S1. Lucie River. According to the County's staff report, approximately 35 acres of the ±73 acre parcel are located within the creek's floodplain. The floodplain area includes a remnant oxbow that was cut- off from the main river channel when the river was dredged and straightened for drainage control purposes in the early 1900's. The subject ±73 acre parcel is located in an area that is part of the North Fork Floodplain Restoration Plan, a component of the Central and Southern Florida Project Indian River Lagoon - South Feasibility Study. The purpose of this project is to reconnect and restore wetlands and historic oxbows partially or completely isolated from the river's main branch, to derive water storage and natural filtration of river water through wetlands; and to improve natural habitats. The proposed land use change from RS to RC for the 35 acres identified as being located within the floodplain will help provide some environmental and water resource protection for this land. Any development proposed on the subject ±73 acre parcel should be designed and constructed in such a lawful manner so as to be consistent with the primary goals and objectives of the North Fork Floodplain Restoration Plan and the SFWMD's Environmental Resource Permit (ERP) criteria. ¡; ·~·"r·~ "I~ ~~~)\~,!:-~'~' ~~.~ 1"~. ~:Ö:_'lr2/:'X'·'',o~-~,'. ,. . '''~('''''~ ~ .¡.~;,. ;."':~ "!.'~'- \ ...... >'.íi:{1;:'1i£-;--,\ <"~- '. LORILJA.' i\ ~~=-~~ ~bI¿...,JJ!;I~~...)apÙM \..i ...,.¡ Department of Environmental Protection Jeb Bush Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee. Florida 32399-3000 October 30, 2003 David B, Struhs Secretary " Mr. D. Ray Eubanks Bureau of Local Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 . ...---... . , . " D) r-':'" '-.- ! n) i : ~.!t ¡ f r,: " 0" , J . --'0. . .__~...._ ;'; ,~::':, f'-;L~T~: ~,: .......-. . Re: Proposed Amendment to the St. Lucie County Comprehensive Plan, DCA 03-2 Dear Mr. Eubanks: The Office ofIntergovemmental Programs of the Department of Environmental Protection has reviewed the above-referenced amendment under the required provisions of Chapter 163, Part II, Florida Statutes, and Chapters 9J-5 and 9J-ll, Florida Administrative Code. Our comments and recommendations are provided to assist your agency in developing the state's response. Comments on File Number PA-03-003 (Becker Holding Corporation): 1. The reviewer could not find an analysis of need that warrants such an ambitious increase in residential density in this environmentally sensitive area, adjacent to the Ten Mile Creek. The Ten Mile Creek is scheduled for restoration as part of the Indian River Lagoon South Feasibility Study. The Large areas of impervious surfaces depicted in the proposed plan drawing could have deletetious impacts on the creek area, and may not be conducive to restoration of the oxbow lakes and surrounding habitat. It is recommended that the development be scaled down to that which is currently allowed by the land use designation, barring some compelling need for the more dense multi-family dwelling units. 2. Although the applicant indicates that adequate water and sanitary sewer capacities exist for the proposed increased densities, the analysis required by 9J-5 has not been performed. It is recommended that an analysis ofthe demand for water and wastewater capacities be conducted prior to taking action on this proposed amendment. A demonstration of COnClllTent water and sanitary sewer service capacity should be made prior to re-designating this land use. 3. If this project is ultimately approved, it is recommended that the applicant work with the South Florida Water Management District (SFWMD) and the southeast district office of the Department of Environmental Protection (DE?) to develop a storm water management plan that will minimize storm water impacts to the Ten Mile Creek. A .'''4:-'''1"1 P''::'~r.,..'~'"'' , ,:,c:t Prn,..øç,~" Printed on recycled þaþer. '-" ...." ¡; storm water management plan should involve the use of innovative pervious surfaces for the large parking areas that are depicted in the plan drawing, as well as arranging the parking areas in such manner as to minimize the volume and velocity of storm water runoff. Storm water will need to be treated to remove contaminants from the enlarged parking areas. Several methods of achieving this objective are currently available and the applicant should explore them with the SFWMD during the permit review process. 4. Since the federally funded restoration of the 10 Mile Creek is associated with the Indian River Lagoon South Feasibility Study and the Comprehensive Everglades Restoration Plan, assurances will be needed that the development is consistent with these restoration efforts. 5. Although the County staff indicates in its comments that the area in the vicinity of the oxbow lakes is environmentally sensitive and needs to be protected, being part of the 10 Mile Creek floodplain, there does not appear to be any analysis of the sensitive habitat, and the incidence of protected animal species in the area. It is recommended that an analysis be performed of the habitat and the protected species that may be present, with the development of conservation objectives directed at avoiding impacts to both the habitat and the protected species. If the development cannot be accomplished without avoiding impacts to the habitat, then actions to minimize those impacts will need to be implemented. After avoiding and minimizing impacts, then mitigation of impacts may be considered. Comments on File Number PA-03-00l (JIT Investments LLC): No Comment. Please call me at (850) 245-2163 if you have any questions regarding this response. Sincerely, /l~-~~:> dT------- Robert W. Hall Office of Intergovernmental Programs I ...,,; ~S,:Ji4~}J \ ~~;=$t2,::':;;'4;~~e~«('> .0~~iY::it~'t:{;£:~; T R~æA's;ìfifii1RÇ ~tŠ-~~i"Ö~1&"NWk"'! p'~t ~~~~..I,~~hì ¡~O!l?~N-~/~H:=:: ¡ ~";" . ..__-=-::5'___H1-:J. 4--:::J--';·:U·;¡1 -'~"7-¡;7I'H'~"r;f' ~ '-~") ,:<.£j"-=~-=-~=-=-_,,_:_- o-_~ ~J.. -< , - - =-¡¡¡-o;o-_.¡¡-~..n - ig-:'nr"~ L.lI3'-";3';>-_ 'J I fr'" ;~;-=- -==:=..'.:; "" :... '¿:~"T å ,- =Y-;'., :>.'~ /-'''-1 =::_ =-~p.;,-_., ~ ~ :----ï~i?J f;!,E~'õ,~,'~1 '-~: ¡ I';;';~~'~ 3L.-:'·~~:~\ ,.,~ ";';'~#~ ,-~,--·~.'.L=>----· ;.- --r1ý:.D.I 'A:N~:;~~cl~ E 1t~-:i:~.;f~1?Á~it~'~,~N::::-:-0!?;.r...¿¡'~l·~J\ ;WÀ' è H .~ ¿S:f~&":ØtTC-'I'i~þJ ~;.. " ,,",o'~T ::JtJ"j' p~·ëf~i~~5~!ÏH~T;:i~I.~',tÊ;¿~i . .~'::'~~ilr)-'~-~"u" \w ;; rr~ ¡~ October 17,2003 ¡~~-rn @rnß f~~'1¡ ¡ ~! OCT~.ì 0 2003 II ü ¡ : I . L- - ! ~...I RPM asP '_H' PLA~ P1roCESSINGIDf,f . . Mr. Charles Gauthier Chief Bureau of Local Planning Department of Community Affairs 2555 Shummard Oak Boulevard Tallahassee, FL 32399-2100 Subject: St. Lucie County Comprehensive Plan Draft Amendments - DCA Reference No. 03-2 Dear Mr. Gauthier: Council has reviewed the above-referenced amendments in accordance with the requirements of Chapter 163, Florida Statutes and Council's adopted plans, policies, and review procedures. Enclosed is a copy of our report as approved by Council at its regular meeting on October 17, 2003 pursuant to Section 163.3184, Florida Statutes. If you have any questions, please feel free to call me. Sincerely, !:l~1;; Planning Director TLWwh Attachment "Bringing Communities Together" · Est. 1976 311 Ea.e Ocean Boulevard - Suiee 31. - Seuare, Florida 34"4 :':'0;;'; {77~~ 22,..tftU _ !:C- 26'-4'" - Fa" (772) 221·4067 . E-mail - admiali\tcrpc orr '-' {':J ,,- .....,¡ ¡;; TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: Council Members AGENDA ITEM 51 From: Staff Date: October 17,2003 Council Meeting Subject: Local Government Comprehensive Plan Review Draft Amendments to the St. Lucie County Comprehensive Plan DCA Reference No. 03-2 Introduction The Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Florida Statutes, requires that Council review local government comprehensive plan amendments prior to their adoption. Under the provisions of this law, the Department of Community Affairs (DCA) prepares an Objections, Recommendations, and Comments (ORC) Report on a proposed amendment· only if requested to do so by the local government, the regional planning council, or an affected person or if an ORC Report is otherwise deemed necessary by the DCA. If the local government requests the DCA to prepare an ORC Report, then Council must provide the DCA with its own objections, recommendations for modification, and comments on the proposed amendments within 30 days of its receipt. Background St. Lucie County is proposing two Future Land Use Map (FLUM) amendments to its comprehensive plan. The County has requested that the DCA prepare an ORC Report. Evaluation The FLUM amendments are shown on the attached maps and summarized in Table 1. '-' ...", ¡; Table 1 St. Lucie County Comprehensive Plan Future Land Use Map Amendments - DCA Reference 03-2 A-niendmef1t.Acreage' Current FLUM Designation ... ·.!ProP9~ed F'LVMD.esi~ation\ ·~';:Nârn~·i':.-::;·::·.<:·<;;·,:.: ' . " ...'....,.....,'..:"....;.",......,<,.'. .,"'......~..;..::... " PA 03-003 73.0 Residential Suburban 38 acres (2 dwelling units/acre) Residential Urban (5 dwelling units/acre) northwest comer of Selvitz Road and Ralls Road along the south side ofTen Mile Creek PA 03-001 46.6 Commercial 3S acres Res i den tia l/Conserva ti 0 n (I dwelling unit/5 acres) Industrial southeast comer of North Kings Highway and Angle Road Total 119.6 1. P A 03-003 (Becker Holding Corporation) - This amendment is for a 73-acre parcel located at the northwest corner of Selvitz Road and Ralls Road along the south side of Ten Mile Creek. The proposal is to redesignate the parcel from Residential Suburban (2 dwelling units/acre) to Residential Urban (approximately 38 acres) and Residential/Conservation (approximately 35 acres). The site is presently vacant. The surrounding existing lands include Ten Mile Creek to the immediate north and single-family residential to the north of the creek, industrial and vacant land to the south, St. Lucie Scout Camp and residential to the east, and single family residential to the west. The surrounding FLUM designations include Residential Suburban to the west and southeast and Residential Urban to the south, north, and northeast. The property is within the County's urban service boundaries. An estimated 35 acres of the 73-acre site lie within the IOO-year floodplain. Although much of the floodplain on the site was previously filled for agricultural activities, lower elevations retain water after heavy rains. There is a remnant oxbow of the natural course of the Ten Mile Creek within the parcel that was cutoff from the main channel when the river was dredged and straightened for drainage control in the 1940s. 2. PA 03-001 (IIT Investment Company) - This amendment is for 46.6 acres located at the southeast corner of Kings Highway and Angle Road. The proposal is to redesignate the property from Commercial to Industrial. The site is presently vacant. The surrounding existing land uses include a citrus processing plant to the north, the Kings Highway Industrial Park to the northwest, one residence to the east, and a citrus grove to the south. The surrounding FLUM designations include Light Industrial and Agriculture to the north, Agricultural Residential to the east and southeast, and Agricultural to the west and south. The property is within the urban service area of the County. The property was originally classified for commercial use because the area was expected to be developed in a more intense residential .t. '-i '-till ¡; fashion. However, over the past thirteen years, there has been little re~idential development in the area. The area is in transition to non-residential/industrial uses. Extrajurisdictional Impacts Analysis of the amendments indicates that they would not have any significant adverse impacts on neighboring jurisdictions. Effects on Significant Regional Resources or Facilities Analysis of the proposed amendments indicates that they would not have adverse effects on significant regional resources or facilities. Objections, Recommendations for Modification, and Comments Objections None Comments 1. P A 03-003 (Becker Holding Corporation) - The subject site is targeted for restoration as part of the North Fork S1. Lucie River Oxbow Reconnection Project proposed in the Indian River Lagoon Feasibility Plan and the South Florida Ecosystem Restoration Plan. The proposed land use amendment to the approximate 35 acres within the floodplain reduces the development density. Any development that occurs on this property should be done in a manner that is sensitive to efforts to restore, enhance, and maintain the functions and values of natural waters and adjacent upland habitat. Recommendation Council should adopt the above objections and comments and approve their transmittal to the Department of Community Affairs. Attachments .., ..J -- ,', - ;", '- (f' ~ ~ General Location Map St. Lucie County r,.t J. o :C1"I --".0 o I 'C1"I "'0 C ~ If \ 't 1- ¡. ~ ,- '~,: r:,__ :r :, <'" c ~V'I·· ::: 1: ., : -. D; ~ I ::. ... ~. ¡. '~, . I. I ::: -·=1·- ;1 ~I .. j ., f I 9.. ... , "'= ,¡.. . n" co ~~ ¡... ...... .- ~.~.. :.- ~I., . I : "!;.[\. ¡ "'= ',,",: ~~.A~~- ~ -I~ .u¡", "'_ ~ '... ~~~'~t --:-J::~~ :~~~ , \ ./>': /('--'-'I' _.~){ . ~~--, ...., ,..,;-{" ,-' "':J-i:Lr;~~l .. .,....-..:-- I '... .. :v\~ ~ l; ;F' - ,- ,\p ....¡o-:J ~ I "<:~Z" ) Ç> '. --:,:--~,/~~·-~~-I ./ >r" ."" v~.'.J'__ . ___~ I·· . ,;.'I. , .' 'I'" ,Y l1 -' ," ,\ \ / . 1 , to ·t '0. '~- -{ "'1 8 . ~(\.~ .-.-.- ~- ---r'JTiQH';'i'j')Qo:¡.;-", I ® , f ~~j :u¡_ [ ~I· '" 1!! ~~S-- ~ I . ( , ' '__H, ' I) : : ,~X.., ~ i Î., '--, i·, I I t i r , I ; "\ '- ~. i , I 0 ,.i t Co·; , : tJ '; I I'. , . .'. _\:>'"" ~ . ! --·----¡-¡-;;-n··~'~ -_..~ - ¡- - , I . f '. !; --I . i ' ! ------~- :¡ ;';j. '!Þ ..; 1 4 z "';:.:. '. .. -;;""1. ''\:'' , õ~ g-Z ~ ::E:I< . >-00 a .1?.:,;:. ; ;;IU_ f £'....0 ::tu... ii Ci:lu. i è;-' ç tf! <:;;> .-. ::; '-' ,..." ¡, St. Lucie County Future Land Use Map Amendment Becker Holding Corporation PIF 4 " . , " , . . ' PIF ,RU PIF · . · . · ,. " o ,. RS RU o ::i !:! ~ ~ '" '" ..i vi i lNO 5 '-' "~"~O:H . ~ ~)( 81. Lucie County Future Land Use Map Amendment JIT Investment Company å U ..: ..: ... ~ u K- o -' . ... .. u 1- u .. .. '" ~ ¡ u . -----.-.-.-.- ~..... t \. -", tit 'I(S '00., ~apu I-:Gw.t\l a¡alS :'~"'S ~ b .. ~ 'ii ,;¡' 6 ..., ." ........ Ie ..~ ,¡...;~ 'C:"'''''1'S'N .. :ice." ',.....j', ic,,,"Ji,'i'!ni ~ ~ Florida Department of Transportation DIRECTOR of PLANNING and PRODUCTION 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309-3421 Te1ephone: (954) 777-4411 Fax (954) 777-4197 Internet Ernail: e:errv.oreiIlvav.dotstate.fl.us Toll Free: 1·866-336·8435 ..." ~:p JEB BUSH ,~ GOVERNOR I JOSI:: ABREU SECRETARY October 16, 2003 .) ~. Mr. Ray Eubanks, Community Program Administrator Plan Review and DR! Processing Team Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Dear Mr. Eubanks: . ..: . :i/Ó), li~ Jl/lJ,~P ~:;..~. " '-"4/ r~r' ......~}.. I.~: /'".-,:- , Vù~' " -......,. . .. (.." Pnn... ¿I¡//' ........ "'ll{J,j I i -" /; : <':f'~~ 1 X --...:!VCF <!§p ~ ,........ / . ·.:·~~/1'" -,J I '..- 1.11t· . ~1.'{ , SUBJECT: Proposed Comprehensive Plan Amendments ORC Review Local Government: St. Lucie County DCA Amendment # 03-2 The Department has reviewed the proposed comprehensive plan amendments for St. Lucie County. The Department provides the enclosed objections, recommendations, and comments regarding these proposed amendments. Thank you for the opportunity to participate in the review process. If you have any comments or questions about this letter, please contact me at (954) 777-4490. Sincerely, Gi:JIIIY'~E~ Director of Planning and Production District Four GO:TS Enclosure cc: B. Romig, FOOT Central Office K. Metcalf, OCA J. Scully, FOOT 4 N. Bungo, FOOT 4 L. Hymowitz, FOOT 4 T. Scheckwitz, FOOT 4 Rle: 4270.05 www.dot.state.fl.U5 - \!) RECYCLED PAPER ... '-" ~ DISTRICT 4, DEPARTMENT OF TRANSPORTATION OBJECTIONS, RECOMMENDATIONS & COMMENTS RESPONSIBLE DIVISION/BUREAU: NAME OF LOCAL GOVERNMENT: DATE PLAN RECEIVED FROM LOCAL GOVERNMENT: DATE MEMORANDUM RECEIVED FROM DCA: REQUIRED RETURN DATE FOR COMMENTS: Planning Department St. Lucie County 09/19/03 10/01/03 10/24/03 ELEMENT: JIT Investment Company, LLC. Future Land Use Map DCA Amendment # 03-2 RULE DEFICIENCY: The proposed amendment to the Future Land Use Map changes a 47-acre parcel from Commercial to Industrial land use designation. This parcel is located in the southeast corner of SR-713/Kings Highway and Angle Road. COMMENT: Prior to site design and construction of the subject property, the County should consider the following two recommendations provided by the Department. The County's Comprehensive Plan and the MPO's 2025 Long Range Transportation Plan identify widening from two to four lanes of the adjacent segment of SR-713/Kings Highway. Funding is not yet programmed for this widening project, which is ranked 21. Therefore, the County should preserve needed rights-of-way for this future planned widening (minimum of 80 feet from the center Iinej160 feet total) in accordance with the Transportation Element Policies 2.1.3.1 and 2.1.3.3, which are attached. Secondly, access to the subject parcel should be in accordance to the Department's controlled access facility classification standards for State Highway System facilities, including SR-713/Kings Highway. The access classification for SR-713jKings Highway indicates use of restrictive median design features with the site access separated from the intersection by a minimum 660 feet (if traffic speed is >45 mph) or 440 feet (if traffic speed is 45 mph or less). REVIEWED BY: Terry Scheckwitz. AICP PHONE: 954-777 -4490 REVIEWED BY: Larry Hymowitz, AICP PHONE: 954-777 -4490 REVIEWED BY: Nancy Bunao. P.E. PHONE: 954-777-4490 - ...... "C C r;¡ ...J aJ "- :J - :J U. aJ .c ... 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Q) _ct1O: c:=:- O I C -Q) _oE u..!. ctI.c 0. 0.0>0 E '1:: (j) .~ ~ [; .2~o en.c-o c 0> C ctI :J (\j õ..e..J -Oen C.c- Q) - è E Q) C o..c :J 0-; 0 (j)...O > en Q) Q)Q).c -o~_ "Q-C: Q) ~.- en_"O 0'- Q) o.en.o o ct1.t:: .... - u ~gen ct11'~ Q) e-o :: 0..... .92 .c .ê [;ut: o:ct1:J Q)- N C') ,... N >. .2 ë5 a.. Q) .... ct1 :ë :J o .... o :S C') C') ..- C\J CfJ c a: ex: c z ex: .... en ~~ N3: 41 I -LL .go I-~ :I: ~ a: ~ =» ~ z ~ '" ..."", Q) ~lgl Q) C 'ê o Q) ëij 3: ~ ~ gl êl êl ~I gl ~lgl Q) I- := '(3 ctI LL eN 00 =0 "'N 5 ..,- w~ e U ~ Cã 1-:2 ë ,Q ë. o "0 ~ § E'E !'E:ãï "O-c "0.... r: 0 .B~ it ~i '<t o ,... , C\J . .:: e '" .?;-ã: e g ~p:¡ u § .!!1j U ... ;:, Co : 6 (1)-0 -- ß) y~ '-, '" -:. -1 --,~--'·-:--;1-··· ï \ " ,.' j" " \ I , "\ -\ Î_" : " ,_'. , , .~. . ...., :. r:...,'\ . "i~"1' :\ ~ ~ " ~ ~j} ~\ FLORIDA DEPARTMENT OF ST ATE Glenda E. Hood Secretary of State DIVISION OF HISTORICAL RESOURCES ....... . .=--.........-...- October 8, 2003 " ~:'j Mr. Ray Eubanks Department of Community Affairs Bureau of State Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Historic Preservation Review of the St. Lucie County (03-2) Comprehensive Plan Amendment Request (Received by DHR on 09/26/03) ~¿,.. /Þ/i/P3 Dear Mr. Eubanks: According to this agency's responsibilities under sections 163.3177 and 163.3178, Florida Statutes, and Chapter 9J-5, Florida Administrative Code, we reviewed the above document to detennine if data regarding historic resources have been given sufficient consideration in the request to amend the St. Lucie County Comprehensive Plan. We reviewed two proposed amendments to the Future Land Use Map to consider the potential effects of these actions on historic resources. While our cursory review suggests that the proposed changes may have no adverse effects on historic resources, it is the county's responsibility to ensure that the proposed revisions will not have an adverse effect on significant archaeological or historic resources in S1. Lucie County. For Amendment PA-03-003, this parcel appears to have at least moderate archaeological site probability. The most effective way to guarantee that such sites are not adversely affected is for the county to sponsor or require historic resource surveys so that it can ensure its archaeological resources and historic structures more than 50 years old will be considered when substantive changes in land use are proposed. If you have any questions regarding our comments, please feel free to contact Susan M. Harp of the Division's Compliance Review staff at (850) 245-6333. Sincerely, -=\__-D' ,:.Q. \2. G~) e~\J- ~u,(E'o.ù J. \\~tk ~(es ~,(\IO..~01\ xanet Snyder Matthews, Ph.D., Director 500 S. Bronough Street. Tallahassee, FL 32399-0250 . http://www.flheritage.com o Director's Office 0 Archaeological Research ~istoric Preservation 0 Historical Museums (850) 2015-6300. FAX: 245-6-135 (850) 245-64+1 . FAX: 2-15-6436 (850) 2-15-6333' FAX: 2-15-6437 (850) 245-6400 . FAX: 2-15-6433 o Palm Beach Region¡¡l Office (561) 279-1475 . FAX: 279-1476 o St. Augustine Regional Office a Tampa Regional Office (90-1) 825-50-15 . FAX: 825-5044 (813) 272-3843 . FAX: 272-2340 L - --- -- . -I '-" ~ ITEM NO, G) DATE: June15,2004 AGENDA REQUEST REGULAR [ X ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) Michael Powley, P.E. County Engineer SUBJECT: Approval of the revised Indian River Estates MSBU Mail-out Package. BACKGROUND: On June 1, 2004 the Board approved staffs request for CDM's assistance with the re-balloting for the Indian River Estates MSBU. The proposed mail-out package has been provided tothe City of Fort Pierce and the FPUA. The majority of the comments received from them have been incorporated into the present documents, FUNDS AVAILABLE: n/a PREVIOUS ACTION: The Board previously approved the Indian River Estates MSBU in December 2002 and selected the St. Lucie County Utilities Department as the service provider. Difficulties in negotiations with Port St. Lucie, and the bulk water agreement with Fort Pierce and FPUA, has resulted in a re-balloting for the MSBU, June 1, 2004 - Board approved Work Authorization No. 23 with CDM for the IRE MSBU Re-balloting RECOMMENDATION: Staff recommends the Board approve the attached Indian River Estates MSBU mail-out package, and signature by the Chairman. L 1 APPROVED l1' OTHER [ ] DENIED Pulled prior to the meeting. COMMISSION ACTION: [xl County Attorney ~. [xl Originating Dept Public WOrk~. IRE Mailout Package,ag D ugla Ande County Administrator Coordination Sianatures [I Mgt. & BUdge~ [xl Utilities [ I Fiscal Coord. [xl MSBU Coord, MVþ ~p.p J '-' ....,¡ June 9, 2004 RE: Indian River Estates Municipal Services Benefit Unit (M.S.B.U.) Public Water/Fire Protection Utility Service Improvement Dear Property Owner: Thank you for your patience in allowing St. Lucie County time to exhaust all utility issues before proceeding with the Indian River Estates MSBU project. The St. Lucie County Board of County Commissioners recognizes the needs and benefits of public water and fire protection service in Indian River Estates. As requested by the residents, County staff met numerous times with Fort Pierce Utilities Authority (FPUA) and Port St. Lucie (PSL) Utilities in an effort to provide you with the option to obtain public water/fire protection utility service without annexation. In 2002, St. Lucie County petitioned property owners to determine whether to proceed with a public water utility project. Owners were asked to answer two questions on the ballot: 1) vote yes/no as to whether to receive water service, and 2) to select a utility service provider, either FPUA with deferred annexation, or St. Lucie County Utilities (purchasing water from PSL), with no annexation. On December 10,2002, the St. Lucie County Board of County Commissioners voted to create the Indian River Estates MSBU and selected St. Lucie County as the utility service provider. Due to issues that were not able to be resolved, the County was unable to enter into an Interlocal Agreement with PSL Utilities. Instead, St. Lucie County, the City of Fort Pierce, and FPUA were able to approve a Utility Service Bulk Water Agreement that allows St. Lucie County Utilities to establish its own utility service area for certain unincorporated areas of the County. Under the Agreement, FPUA will sell water to St. Lucie County Utilities at a bulk rate without requiring residents to be annexed into the City of Fort Pierce as a condition of water service. The Agreement also provides that residents in the Indian River Estates MSBU will be given the opportunity to recast their votes for or against the MSBU, and, if utility service is selected, which utility, either FPUA or the County, should provide that service. Enclosed is a new ballot form to be completed and returned. Please review all of the information documents before making your decision. Two questions are listed on the ballot: 1) Do you still wish to obtain water service through an assessment, and 2) If the voting indicates that water service is to be provided, which utility service provider would you choose? Please be sure to provide an ---~-- .. '-' ....." answer to both questions and return the ballot by (this date has not been set yet). Camp, Dresser & McKee, a third party consultant, has been retained to tabulate the votes and provide the results to the St. Lucie County Board of County Commissioners soon after the deadline. The decision whether to proceed with the project and which utility provider is to be utilized, will be based solely on the ballots received. So PLEASE, make your vote countllll If you have any questions, please do not hesitate to contact us for help. Questions about the MSBU process or assessment information, please contact: Barbara Debus, MSBU Assistant (772) 462-2568 Questions regarding design and construction, please contact: If SLC as provider: Michael Powley, County Engineer (772) 462-1707 If FPUA as provider: Danny Retherford, Utility Design Technician (772) 466-3467 Sincerely, Michael V. Powley, P.E. County Engineer M VP /bd Enclosures -Ballot -Important Information Document -Property Tax Comparison Sheet copy: BOCC County Attorney . County Administrator Assistant County Administrator Public Works Director Utility Director MSBU Coordinator City of Fort Pierce Fort Pierce Utilities Authority Camp, Dresser & McKee, Inc. ............. ------.....,. '-' INDIAN RIVER ESTATES MSBU ....", IMPORTANT INFORMATION DOCUMENT PLEASE READ CAREFULLY To assist you, we have provided answers to some of the most frequently asked questions regarding the Municipal Services Benefit Unit (MSBU) Program. What is an MSBU? A Municipal Services Benefit Unit (MSBU) is a legal financing method used by the County to establish a special assessment district in order for a group of citizens to obtain a desired improvement in their area. MSBU projects are usually initiated by the property owners and must approved by the Board of County Commissioners. How will the votes be tabulated? The decision whether to proceed, and if so, which utility provider to proceed with, will be based solely upon the votes submitted on an "Official Ballot" form provided by St. Lucie County (SLC). Will my property be annexed into the city, and if so, when? If not, how can I be assured that it will not happen in the future? It would depend on your choice of utility service provider: If SLC Utilities is the provider your property will not be annexed. St. Lucie County, the City of Fort Pierce and Fort Pierce Utilities Authority (FPUA) recently entered into an Interlocal Agreement which stipulates that annexation will not follow for properties within the boundaries of the Indian River Estates MSBU if the balloting response reflects a majority in favor of SLC Utilities as the provider and bulk water is purchased from FPUA. If FPUA is the provider your property may be subject to annexation after a period of 15 years if the property is adjacent to or within the city limits at that time. Will my property taxes increase because of the utilities? If FPUA is selected as your provider your property may be subject to paying city taxes, in addition to County taxes, after the 15-year annexation deferment (delay). The enclosed Property Tax Comparison Sheet is for informational purposes only and is being provided by your homeowners' association to help you better understand annexation taxes. Property tax rates differ between unincorporated areas and the city limits of Fort Pierce. The tax rates shown are based upon current millage rates, not future millage rates. *Can you explain the assessment cost difference between the County and FPUA? FPUA - If FPUA is selected, they will own the System and because of this they have agreed to contribute $3.5 million toward the cost of constructing the water distribution system. In addition, their customary "plant capacity fee" (capital improvement cost) of $1,378 per residential connection is waived/offset because of your contribution toward the construction costs. Page 1 of 4 ---- - ~-- ..- \.f ....." SLC Utilities - If the County is selected, the County will own the System and the "plant capacity fee" (capital improvement cost) must be collected upon connection and paid to the FPUA. You are not required to pay the plant capacity fee until you actually connect. You have the option of financing the fee with your initial assessment or the fee may be paid when/if the property owner decides to connect. The cost to construct the Indian River Estates water system should be approximately the same whether the County or FPUA constructs it. The initial costs on the "Official Voting Ballot" are based on independent cost estimates prepared by SLC and FPUA. FPUA's construction cost estimate is higher than SLC's because it contains a larger contingency for potential price increases on materials and labor. Is the cost guaranteed not to increase? Due to global conditions that affect market prices, the costs cannot be guaranteed. However, SLC and FPUA have contingencies built into their costs and each expects the project to come in under budget. How long will the project take to design and to construct? If SLC Utilities constructs the system: Design - Ten (10) months Construction - Fourteen (14) months If FPUA constructs the system: Design - Ten (10) months Construction - Thirty (30) months How much is the average monthly water bill? The average cost is estimated to be approximately $30 based upon an average monthly usage of 5,000 gallons regardless of the service provider. I own multiple adjacent properties. Do I have to pay on each lot I own? No. An Agreement may be utilized to lower the number of dwelling units that could potentially be constructed based upon zoning regulations. The County would assist the property owner with executing the Agreement, but it is the owner's responsibility to inform the County if they wish to restrict the number of ERCs (equivalent residential connections) that could be assessed to their property. Please understand that this could restrict the ability to increase the number of dwelling units at a later date. *How is my assessment determined? Construction of the Distribution System - The assessment amount is determined by dividing the project costs (design, permitting, construction of water mains, fire hydrants, restoration repairs, financing/bond fees, etc.) by the total number of existing/proposed single-family ERCs for the entire MSBU. This is why it is important to determine the maximum number of ERCs to be built within the MSBU. Plant Capacity Fees (capital improvement costs) - These fees are collected to fund the reservation of capacity in the FPUA Water Plant. If you obtain service directly from FPUA, the plant capacity fees are waived. If direct service is obtained from SLC, you will be required to pay the FPUA Plant Capacity Fee. You would have the option to: 1) include the fee with your assessment and pay it annually if placed on Page 2 of 4 -- ~ ..., the tax roll, or 2) prepay the fee if you are prepaying your assessment, or 3) do not include the fee with the assessment and pay the fee whenever you connect to the system. Thus, if you have a vacant lot or a residence that you plan to sell, the new owner would pay the plant capacity fee whenever they connect to the system. *Howare assessment payments made? OPTION 1: PREPAY - The assessment amount can be prepaid prior to construction to avoid paying financing and interest fees. Estimated Prepay Amounts SLC $4,012 (excludes plant capacity fee) SLC $5,390 ($4,012 + $1,378 if FPUA's plant capacity fee is reserved upfront) FPUA $3,448 (plant capacity fee waived if direct customer of FPUA) OPTION 2: ANNUAL PAYMENTS - The assessment may be added to your property tax bill and paid over a period of fifteen (15) years. The assessment amount placed on the tax roll equals the prepay amount plus financing and bond fees. The annual payment amount also includes interest charges. The assessment can be paid in full at any time to avoid paying additional interest. Estimated Assessment includinQ financing/bond fees (interest not included) SLC $4,852 (excludes plant capacity fee) SLC $6,230 ($4,852 + $1,378 if FPUA's plant capacity fee is reserved upfront) FPUA $4,283 (plant capacity fees waived if direct customer of FPUA) Estimated Annual Payments based upon 15 years with a 6 'Yo interest rate SLC $498 (excludes plant capacity fee) SLC $639 (includes FPUA's $1,378 plant capacity fee) FPUA $440 (plant capacity fee waived if direct customer of FPUA) NOTE: A required 101'0 debt service reserve account is included in the annual assessment payment amount. The reserve account, plus interest earned, may be used to payoff the last two to three years of annual payments. Thus, the assessment should be paid off in 12 to 13 years versus 15 years, I have my property up for sale. Do I have to pay the assessment in full or can the new owner take over the payments? The assessment runs with the property. The issue of responsibility for paying the special assessment is typically negotiated in the sales contract between the buyer and the seller. Some lending institutions may require the assessment to be satisfied at the time of closing and should be consulted, if applicable. I am on a fixed income and cannot afford the assessment. Are there any funds available to help me? Yes. The SHIP ("State Housing Initiative") Program will fund 50'Yo of the water improvements to your home, if you qualify. However, since these funds are limited, they will be available on a "first come, first serve" basis. If you need additional information, you may contact Mr. John Franklin, St. Lucie County Housing Coordinator in the Community Services Department, at (772) 462-1777. Page 3 of 4 '-' ...., Will I be required to hook up? Can I keep my well? Existing residents will not be forced to hook up, even if the well fails. The property would still be subject to the assessment. All new residential construction would be required to connect to the system. You may keep your well for purposes of irrigating your lawn, filling your pool, etc. However, all irrigation wells will have to be isolated from the home and the public water supply system. Will I have fire protection for my home? YESI fire protection will be provided by fire hydrants located at areas determined by the fire Department. Homeowners could receive substantial benefits of insurance discounts for having fire protection. Please check with your insurance company. Whom do I contact for further information? Questions about the MSBU process and/or assessment information, please contact: Barbara Debus, MSBU Assistant (772) 462-2568 Questions regarding design and construction, please contact: If SLC as provider: Michael Powley, County Engineer (772) 462-1707 If fPUA as provider: Danny Retherford, Utility Design Technician (772) 466-3467 When the electricity goes out will I stl1l have water service? Yes, a central water supply includes multiple power feeds and auxiliary generators to provide service during emergency outages. What type of water system would be providing our water? Water treated by Reverse Osmosis and blended lime-softened water. What are the benefits of a centralized water system versus well water? o Less maintenance costs: No pumps to maintain No water conditioners (no rust, iron or sulphur) No salt No electricity required by homeowner Less wear and tear on plumbing, appliances and clothing Less need for cleaning supplies (to remove rust, iron, etc.) o CLEAN SAfE DRINKING WATER - Reverse Osmosis blended with lime-softened water provides the best quality drinking water available. Please visit www.epa.Qov/safewater and www.epa.Qov/safewater/kids for further information. If you do not have access to the Internet, we can provide you with copies. o fIRE PROTECTION! o Lower homeowner insurance premiums Revised June 7,2004 Page 4 of 4 ---- . ---_.--- ...... ..., Bob Davis, CPA, CGFO, CFC St. Lucie County Tax Collector P.O, Box 308 . Fort Pierce, Florida 34954-0308 Website: www.tcs1c.com Email: taxcollector@co.st-lucie.fl.us FORT PIERCE County Administration Bldg. 2300 Virginia Avenue fort Pierce, FL 34982·5652 (772) 462-1650 Fax (772) 462-2101 PORT ST LUCIE City Center 9340 So, Federal IIwy, Port SI. Lucie, FL 34952·2885 (772) 337-5600 Fax (772) 337-5624 ¡Taxable I Millage (as Taxes in I Taxes in IRE ! Value I Indian River I if annexed i $125.000 ¡ a percent) Estates. into FP ~_of C,?~_~_º-ommi~l2~ers- Ge~eral£un<~__________ _ _ _L $125,000 1°.0040728 . $509 I $5_º~. ~!TIlT!unity De~~lopmei!!}v'STU .__._ _ _____.. .. __.... t____1~?,ººº--!-º:.9º-º-??~-+---_-----_?6 -i----.--- L~~__En[~c;ement MSTU ___L____125,000 1°,0003681, _~L,-_.-_-.__- §.~rm~§I~~..~~na~ment MSTU ! 125.000 !0,0004108 i 51 I ~j~1'~~7rfeW~;¡,~%r""ntL"-nd~ . ·_·~·1~~~~º-ig~~·-=;fai=~':::~~f ..______________.___,_______--+---:c-::-----.,--------------'--.-j-------- ,,- .". -,- School Required Local Effort II 125,000 10.0056890 f-----_J11 i____._ 711- 2~_~21 Vot~~_º~~.______________ 125,000 ¡0.00022?0 i 29 . , 29 §~bc:>.'?!º~pi!~I_ºlJ_tl,~y."..,_...__.... ..._.......____..._____._,__.___+__.-!??l-º-º_º___: ~ 0020990 J----........-----?~º-+.---.------ 250. §~_~_ool Discretion~Œ..__________________ .' 125,000 O. 0006?60 --L------------ªli----,-.?-ª-. ºc:>.LJ.nty__'=lr.~_gl~lr.ig!.._________...________,______._____ I 125.000 0.0027806 ~__ ____~81 348 '=1'?~d~_Ir1Jªr1_( lJ~~l9ª~2r1ªIºi~tri~t...__ _.,___.......__ ......... ...............,..___f-----___..1.~.?_!_º_9º,... 9:-º-º-º-0385 .--------4 5 ~9~,!h£LC?.Œ~~!Yater Manag_~!!1_ent Dis!,riC!.__________l....-!?5,OOO ¡0,0002840 ¡ 36 I __~ ~~~;~Ë¡~d~~~:i~]:__~~~:~i~[ª~~~:¿t~:~~lades C ~~;:~~~ :~:~~~~~~~ i - ~~ I-----·-Tl Mosquito Control i 125,000 10.0002757 i 34 1 34 ·~ro~i9!!__º~~!l.~,:£~-===-----------~----------í--125,000 io".OÕÕ10ÕÕT 131 _~~·~==.:_:D~. ~I?~~i~IT32<~rI.9_º~~!r:l.I::!.tt:!_?.___..________._._....______________ . 125,000 J 0.0001393 i 11.1_____12_ County Port Bond .._____________ ! 125.000 10.0000240 I _______",}_L.. .____1.. Childrens Services Council i 125.000 :0,0003915 i 49 ! 49 County Parks MSTU 125,000 iO.0002500: --""31-T---------------31 ........," ....._ .."...,._,,,__,,___",,.,..,,,,. .._, ...n..,_.._. .._....___ _ .,........ ..._........__.._........._. ._>--. -··-·--;---""--·······'··---·············'1·..·...····· -+-_".__.._---.:___t______·_____ ç,,'?.':I.n!y..Publl9_Iran_sit MST~ ____ 1 125.000 iO,º-0009ºQ~___1.1-l___..__.__1.1_ City of Ft. Pierce . 125,000 0.0078305 ! i 979 i $2,799 i $3615 ! i . I - w ..__ ---. - - Taxing Authority 4/13/04 REAL ESTATE AND PERSONAL PROPERTY TAXES' TOURiST DEVELOPMENT TAX' OCCUPATIONAL LICENSE' ALARJ\1 PER.\1ITS MOTOR VEHICLES. VESSELS & MOBILE HOMES' HUNTING, FISHING & TRAPPING liCENSES .... ."""" ParcelID: "ParcellD» "Name» INDIAN RIVER ESTATES MSBU Public Water/Fire Protection Utility Service OFFICIAL VOTING BALLOT Question I: Do you want to receive public water service through an assessment? Question 2: If results of the voting indicates public water service is to be pro- vided, would you prefer to receive service from Ft Pierce Utilities Authority (FPUA) at an initial cost of $4,283 per residential unit (no plant capacity fee*), with a minimum 15-year annexation deferment After 15 years, you may be required to pay city taxes in addition to county taxes, -OR- If results of the voting indicates public water service is to be pro- vided, would you prefer to receive service from St Lucie County (COUNTY) at an initial cost of $6,230 ($4,852 per residential unit, plus $1,378 for plant capacity fee*) with no annexation? *PLEASE REFER TO INFORMA nON DOCUMENT FOR EXPLANA nON OF PLANT CAPACITY FEE CIRCLE ONE: YES NO CIRCLE ONE: FPUA -OR- COUNTY .~ ~ ~ ITEM NO. 7 DATE: June 15, 2004 AGENDA REQUEST REGULAR: (X) PUBLIC HEARING: ( ) CONSENT: ( ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ADMINISTRATION SUBJECT: Relocation of Fire Station #2 - Letter of Intent BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends sending a Letter of Intent to the St. Lucie County Fire District offering them 1.5 acres on County property to construct a new fire station. COMMISSION ACTION: ¡;J APPROVED 0 DENIED tÐTHER: Pulled prior to the ~ c-..... meeting. Review and Approvals º County Attorney: -º Management and Budget: º Purchasing: º Originating Dept: º Other: º Other: º Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. '-' "'wII June 9, 2004 Rufus J. Alexander III, Chairman St. Lucie County Fire District 2400 Rhode Island Avenue Fort Pierce, FL., 34947 RE: Letter of Intent - New Location for Fire Station #2 Dear Commissioner Alexander: St. Lucie County staff has been working with the Fire District staff to find a new location for Fire Station #2, located on the South Causeway Island. The two staffs working together have identified a 1.S-acre parcel located between the existing Historical Museum and the Smithsonian Marine Eco-System Building. Locating the fire station at this location will make first aid available to both the users of the adjacent boat ramp area and boaters. The County owns a dock behind this site that could be accessed by boaters who have an emergency. Should this proposal be approved, County staff will be recommending to the Board of County Commissioners the relocation of several picnic pavilions to the area east of the boat ramp that is heavily utilized by swimmers and picnickers. We would request that the Fire District pay the cost of these relocations together with the relocation of the landing vessel located at this site to an appropriate area adjacent to one of the other facilities. This letter is the County's intent to make this property available to the St. Lucie County Fire District. Should the Fire District approve construction on this site, the existing Fire Station #2 would be turned over to the St. Lucie County Board of County Commissioners with its use to be determined by the Board of County Commissioners at a future time. We hope that this proposal solves the Fire District's problem regarding the relocation of Fire Station #2. Should the Fire District approve this proposal, the County will work with the Fire District to draw up the necessary Interlocal Agreements. Sincerely, Paula A Lewis, Chair Board of County Commissioners am 04-80 c: Board of County Commissioners Douglas M. Anderson, County Administrator Ray Wazny, Assistant County Administrator Joann Riley, Property Acquisitions Manager Pete Keogh, Parks and Recreation Director Jon Ward, Cultural Affairs Director Jay Sizemore, Fire Chief Dan Mcintyre, County Attorney Property Appraiser Property Appraiser GIS, JFB w N E s ,.. ....,., ...., ITEM NO. ~ DATE: 6/15/04 AGENDA REQUEST REGULAR: (X) PUBLIC HEARING: ( ) CONSENT: ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Public Works-Blda & Zonina Dennis M. Grim Code Compliance Manager SUBJECT: Request to assist the City of Fort Pierce building department in inspections, plan review, and Building Official duties for a period of 30 days. BACKGROUND: Due to the recent resignation of the current City of Fort Pierce Building Official, the City is requesting the County Building Official to act as temporary Building Official until July 5th, when their new Building Official is scheduled to start work. The City has also requested assistance with plan review and inspections - see attached. FUNDS AVAILABLE: FUNDS ARE NOT NEEDED PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve assisting the Fort Pierce Building Department using the attached fee schedule. MAPPROVED 0 DENIED o OTHER: Approved 5-0 COMMISSION ACTION: .C1: o County Attorney: r,/ o Originating Dept: IPU~. Wk..} @ Review and Approvals o Management and Budget: Arlr v o Purchasing: ~ o Other: o Other: o Finance: Check for copy only, if applicable: " " 'Y' '-' TO: Board of County Commissioners ..,.¡ Public Works Code Compliance Division Memorandum FROM: Dennis M. Grim, Code Compliance Manager SUBJECT: City of Fort Pierce DATE: June 9,2004 Attached is the fee schedule recommended for plan reviews to be charged to the City of Fort Pierce. We also recommend that inspections will be charged at a fee of $25 per inspection. There will be no charge for the services of the Building Official, as a courtesy to the City of Fort Pierce. Copies to: Doug Anderson Ray Wazny ~ , /' ~ , "WI St. Lucie County Building Permit Fee Schedule Plan Examination Fees shall be according to the following schedule. (All plans examiniation fees are NON-REFUNDABLE): TYPE OF BUILDING Residential: Single Family Homes Mobile Homes Twoffhree Family Homes Multi-Family - 3 floors or less Multi-Family - 4 - 8 floors Multi-Family - 9 - 12 floors for each additional floor above 12 stories Residential additions (does not include over the counter/ fast track permits) Non-Residential: FEE $150 $100 $250 $400 $1,000 $1,500 $ 100 / per floor $100 $500 $750 $1,000 to be determined through review with Building Official (minimum fee to be $ 1,500) For all additions to non-residential builings, use above schedule. For interior renovations, that do not effect structural componenets, to existing structures, use above schedule divided by 2. o - 10,000 square feet 10,000 - 20,000 square feet 20,000 - 150,000 square feet 150,000 + square feet Accessory use review: Over the counter/fast track permits that require plans review: pools/ spas - residential (includes all enclosures) pools/ spas - commercial $25 $50 $100 , 05/15/2004 11:- 5514579254 '-" MAYORCITYMANAGER PAGE 02 '" ~ C lTY Of iT PIERCE toriJa 'j ,IJN.t ~ \ ; -1:' " tI' ,.. "" OFFICE OF THE CITY MANAGER CITY HALL. 100 NORTH U,S' 1 P.O. BOX 1-t80 FORT PIERCE. FLORIDA 349M-14ðO TEL(772) 480-2100 FAX(7'72) <481·~ YNIW.cityofJottpløfça.com Douglas M. Anderson Cou~ Administrator 5t. Lucie Coun~ 2300 Virginia Avenue fort Pierce, fL 34982 f)? 1 k: {L ¡(c/c /~µ'7 vJ ~.-J vJ , ~ ~¡J,ß ;%ÀJ/1 June 15, 2004 Re; Request for Assistance with Building Inspections Dear Mr. Anderson: Please consider this correspondence as the CJt;y of fort Pierce's agreement to pay the County c.osts assoc.iated with providing Building Official duties as requested in the agenda Item scheduled for todaýs County Commission meeting. If I can provide additional Information, please contact me at your convenience. Q:.ww U Dennis W. Beach City Manager DWB-Jdr ~ , @"~~fl'0J7iR, . - jUN , 5 'LuÜ" j co. ADMIN. OfF\OW, -- -- \ Ð6/15/20aa 11:3' 5E14579254 MAYORCITYMANAGER PAGE 01 ".. ~ ~ CITY O~ RT PIERCE fo,.¡Ja ,Ú N ~ - OFFICE OF THE CITY MANAGER CITY HALL, 100 NORTH U.S. 1 P.O. BOX 14&1 FORT PIERCE, FLORICA 34954-1-480 TEL.(T12) 460-2200 FAX(772) 467·9264 www.cïtyoffortpierœ,oom FlaimD. 1raosmlUal Date: June 15) 2004 I Total No. of Pages (incl. cover sheet) 2 To: Douglas M. Anderson, County Administrator 1 Fax No.: <462·1648 from: Jennifer D. Robinson, Secretary to City Manager m.460.2200 ext. 302 Re: Request for Assistance with Building Inspections 06/11/04 p....1\BWARR FUND 001 001131 001149 001157 001158 001163 001285 001286 001288 001809 101 101001 101002 101006 102 102001 102107 105 107 107001 107002 '003 -'-_ .3 140 140001 140122 140324 160 183 183001 183002 183003 183004 184203 184205 184805 185002 242 282 310002 310003 315 316 316001 316201 382 I' ~ 1 --- ~ '-' ST. LUCIE COUNTY - BOARD ......... ...." WARRANT LIST #39- 05-JUN-2004 TO Il-JUN-2004 FUND sUMMARY TITLE General Fund FTA Section 5303 Grant FYOl Section 112/MPO/FHWA/Planning 2004 CSBG Grant FY04 Urban Mobile Irrigation Lab 03/04 Net Loss Commercial Fishing Stories S.L.C. Mental Health Collaborative FDCA/EMPA 2004 TDC Planning Grant FY 03/04 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Impact Fees 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 Sur char Fine & Forfeiture Fund-800 Mhz Oper Parks MSTU Fund Port & Airport Fund Port Fund USDOT/FAA-Rehab Runway 14-32 PhI FDOT/Design Runway Rehab-AL642 Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin.- Teen Court Ft. Pierce Beach Restoration FDEP Fort Pierce Shore Protection P FIND Shoreline Stabilization for N SHIP Housing Assistance FY 01/02 Port I&S Fund Environmental Land I&S Fund Impact Fees-Parks Impact Fees-Public Buildings County Building Fund County Capital Transportation Capital FDEP/FRDAP Savanna Rec Phase II Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund ,ry ... EXPENSES 550,690.88 8.34 577.58 23.57 13.53 277.21 7,900.00 6,231.06 4.11 14.95 45,469.85 5,250.00 669.26 974.00 10,146.50 29,775.57 14.76 3,616.67 324,004.75 1,336.43 312.21 1,661.84 9,418.35 13,160.04 5,648.84 931.50 103.50 1,128.63 269.03 160.61 415.00 520.00 31.57 2,564.62 26,873.46 1,336.98 14,106.33 71,626.27 1,000.00 865.42 9,052.50 397,753.28 399,972.84 13,869.00 4,855.00 3,383.23 20,159.05 61,101. 76 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 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0_00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 A 06/11/04 T"''7ZŒWARR FUND 421 441 448 449 451 458 461 471 478 479 481 491 505 505001 606 611 630 665 - - .....-...,. ~~ ......... ""'" ST. LUCIE COUNTY - BOARD -.. """'" WARRANT LIST #39- 05-JUN-2004 TO 11-JUN-2004 FUND SUMMARY TITLE H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Airport Utilities District Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Shared Pool Cash-Property Appraiser Tourist Development Trust-Adv Fund Tax Deed Overbid Agençy Fund SLC Art in Public Places Trust Fund GRAND TOTAL: "'3 .' EXPENSES 2,148.80 87,014.52 3,400.79 1. 68 1,070.00 1. 68 31,570.83 14,355.98 3.81 17.17 2,452.35 2,810.03 609,403.81 28.00 150,000.00 7,864.41 87,888.81 21. 54 3,049,334.09 PAGE 2 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 6,761.14 0.00 0.00 0.00 0.00 0.00 6,761.14 06/11/04 ST. LUCIE COUNTY - BOARD F~~WARR VOID LIST# 39- 05-JUN-2004 TO 11-JUN-2004 hJND: 001 - General Fund CHECK INVOICE VENDOR 00312217 12420971 Fla Association of County Atto 00312359 12420959 The westin Diplomat Resort & S 00312361 12420405 Transportation Trust Fund -,.. ",... "" FUND TOTAL: ~ .' ....., PAGE 1 TOTAL 100.00 151.00 4.25 255.25 , ; '" ..."" 06/11/04 ST. LUCIE COUNTY - BOARD PAGE 2 P"'~BWARR VOID LIST# 39- 05-JUN-2004 TO 11-JUN-2004 FUND: 491 - Building Code Fund CHECK INVOICE VENDOR TOTAL 00312068 12420381 Jones, Dawn M 27.26 FUND TOTAL: 27.26 ... .. ". AGENDA REQUEST ~ ITEÌ'1 NO. c.-¿ DATE: June 15, 2004 REGULAR ] PUBLIC HEARING [ CONSENT !Xx TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUSAN KILMER LIBRARY DIRECTOR SUBMITTED BY (DEPT): LIBRARY SlJBJECT: SIRSI Software Maintenance Contract BACKGROUND: SIRSI has provided software maintenance support for the Library's Unicorn software since the original purchase of the product in 1991. FUN¡¿;LK'LAIL. 001-7110-534110-700 ~RE':?I.OU:;L}lCTION : Board of County Commissioners have approved renenwal of software support maintenance agreement annually since 1992. .B~,ÇOID1f.lmh'rION : Staff recommends that the Board approves the contract in the amount of $20,919 (same as 2003) and authorize the County Administrator to sign the purchasing requisition. ~O~{MISSION ACTION: [X] APPROVED J OTHER: [ J DENIED CE: Approved 5-0 xx Cc,unty ¡H:to'rneY:_~~ðn0.r'" XX O.:igir.ating Dep1:. Ú{~K ~vi~w and ¡'.Pproyal~ Mgt. &. BL:dge1:: XX ~-- 7/' -- Purchasing:__ =77 J XX Other:_.l.LT z..L--- Other: Finance: (Check for copy only, if applicable) '-' ..., MEMORANDUM ST. LUCIE COUNTY LffiRARY TO: Board of County Commissioners FROM: Susan Kilmer, Library Director Vu4-CXÞ(/ ~~¿frLVV DATE: June 4,2004 SUBJECT: SIRSI Maintenance Support Contract - Renewal ............................................................................ Software maintenance support has been provided by SIRSI as a proprietary vendor since 1991 when the product was first purchased and installed for the Library Department. The software maintenance is essential to the continuing function and upgrade of the Library's online system. Staff forward system problems to SIRSI helpdesk by email, problems are corrected in a timely manner. The Helpdesk staff is just a phone call away for system emergencies or advise on how to generate new reports and configure new system parameters, as they are needed. SIRSI software maintenance also provides for the periodic upgrading of the online system to the most recent releases with interim fixes as needed. The following software modules are covered by the Maintenance agreement: Bibliographic and inventory control; authority control; enhanced public access; circulation control, acquisitions management; multi-user gateway; electronic mail; bibliographic import; Bibliofile interface; unlimited Infoview for DOS/terminals; request module; WebCat World Wide Web Catalog; and Workflow for Windows. The alternative to the yearly maintenance agreement is to pay SIRSI technicians a high hourly rate for each request; upgrades would have to be purchased individually with additional charges for the SIRSI technician to implement that update. SIRSI is a proprietary vendor for this software maintenance contract. As with any online system product, access to the software and its inner workings is reserved to the vendor and not shared with the customer. Library and Information Technology staff are only permitted the functions of system administration. Information Technology staff rely heavily on the help ofSIRSI's technicians to correct any system problems. s (@ IRS '-" I 101 Washington Street SE Huntsville, AL 35801-4827 Federal Tax ID # 63·1233771 Phone: (256) 704·7000 FAX: (256) 704-7007 BILL TO: St. Lucie County Finance Department 101 Melody Lane Fort pierce FL 34950-4402 CU TOMER CONTACT EDWARD WERNER Send Payment To: SIRSI Corporation PO Box 2153 Department 3331 Birmingham, AL 35287-3331 USTOMERID SALESID STLU BILL KESSLER QUOTE PREPARED BY PAYMENT TERMS PAM LAPIER Net 30 QUA T NUMBER RENEWAL MUST BE RECEIVED BEFORE THE RENEW DATE. DESCRIPTION Maintenance Effective period: August 1, 2004 - July 31, 2005 SHIP TO: 7~ 110« è1tIOTATIONS DATE 41712004 QMNT00003151 PAGE: 1 St. Lucie County Information Tech/Ed Werner 101 Melody Lane Fort Pierce FL 34950-4402 UOM Misc Tax · Freight Trade Discount Total $0.00 $0.00 $0.00 $0.00 '-' ..¿ GENERAL TERMS AND CONDITIONS OF OFFER RENEWAL PROCEDURES To renew these maintenance services in accordance with SIRSI Corporation's Service Agreements, send blue renewal acceptance copy of quotation with a check to: SIRSI Corporation at P.O. Box 2153, Department 3331, Birmingham, AI 35287-3331, or send a written order or purchase order to: SIRSI Corporation at 101 Washington Street, SE, Huntsville, Al 35801-4827. All rene'vvals must be received by SIRSI, before the renewal date, to prevent an interruption of service. In the event that administrative problems are experienced, SIRS! will accept a written notice of intention to rene\\ and extend the maintenance services for 30 days beyond the renewal date. For your convenience a copy of this quote may be signed below and returned to SIRSI as your "Notice of Intent to Renew". If a "Notice of Intent to Renew" is received a Purchase order or payment must be received not more than 30 days beyond the renewal date. EXPIRATION POLICY Upon expiration of this maintenance agreement, SIRSl's policy is to withhold telephone support, upgrades and any enhancements until a valid purchase order or check is received for an maintenance fees. REI~ST A TEMENT POLICY If a site is placed on Maintenance Hold, it is SIRSl's policy to charge a reinstatement fee for each calendar month or portion thereof while the maintenance is suspended. !\IAI~TENA:\CE QUOTE MODIFICATION POLICY In accordance with the terms of the original contract, a thirty (30) days prior written notice is required if you choose to cancel all or part of this maintenance agreement. Any additions or deletions to this quote must be received by SIRSI in writing not lös than thiny (30) days prior to the rene\\al date. Question or concerns pertaining to this quote should be directed to the Maintenance Coordinator. PRICI~G A~D PA Y!\IENT POLICY Pricing is based on payment made annually in advance and contains a discount if purchase mder or payment is received before the renewal date. Maintenance Fees paid quanerly in arrears must incluck an additional fee of 15% or monthly in arrears. an additional 20'~;J fee. Notice (~llntent to Rene\\' By signing below. I accept the terms and conditions of the SIRSI Corporation \'laintenance Agreements and wish to renew this quotation as written. I am hereby notifying SIRSI Corporation of my intention to renew and accept SIRSl's offer to extend maintenance senices for 30 days beyond the renewal date. Signature: Date: Print or type Name: Titk: --~-- -----------~ ,-. ..¿ SCHEDULE "A" SOFTWARE MAINTENANCE AGREEMENT between SIRSI CORPORATION and ST. LUCIE COUNTY Installation Date: July 22, 1991 Maintenance effective: August 1, 2004 - July 31, 2005 Software Modules (III) Annual Fee Bibliographic and Inventory Control Authority Control Enhanced Public Access Circulation Control Acquisitions Management Multi-User Gateway Electronic Mail Bibliographic Import Bibliofile Interface Unlimited InfoView for DOS/Terminals $ 4,198.00 975.00 1,013.00 2,006.00 2,006.00 1,013.00 167.00 NC NC 1,820.00 Added 12/10/94 Request Module 510.00 Added 04/27/98 WebCat World Wide Web Catalog 4,100.00 Added 09/28/99 (51) WorkFlow for Windows (Upgrades) 3,111.00 --------- $ 20,919.00 --------- --------- * Your projected maintenance quote for the coverage effective: August 1, 2005 - July 31, 2006 will not exceed $ 23,015.00. This is based upon the software modules which you currently have licensed. The estimated 2nd year annual maintenance fees for the OutReach Services Module is $ 1,095.00. The estimated 2nd year annual maintenance fees for the IBistro Module is $ 2,380.00. The estimated 2nd year annual maintenance fees for the Collection Agency Management $ 360.00. - AGENDA REQUEST ~ ITEM NO. c-3A DATE: June 15, 2004 CONSENT [X REGULAR PUBLIC HEARING Leg. Quasi-JD. PRESENTED BY: Bill Hoeffner, Grants writer TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants Authorize the submittal of a grant application to the U.S. Fish & wildlife Service National Coastal Wetlands Conservation Program and the acceptance of the grant if it is funded. This grant, not to exceed $1 million, will be for wetland restoration at the proposed Heathcote Botanical Park. If the lands for Heathcote Botanical Park are successfully acquired through an FCT grant, funds from this grant will be utilized to restore approximately 62 acres of wetlands and 24 acres of scrub habitat immediately adjacent to Savannas Recreation Area. The grant requires a 25% match which will be provided through FCT acquisition funds. Heathcote Botantical Park project involves a possible land swap with the City of Fort Pierce. The parcels involved are those that are currently utilized by the City's Public Works Department on Savannas Road and two adjacent parcels owned by FEC Railway. The project proposes that St. Lucie County acquire 41.4 acres from the City and 18.4 acres from FEC Railway. The County's acquisition costs will be reimbursed by a FCT grant. Match for the grant will be provided by the City through the donation of an adjacent 99.3 acres to the County. Funds received by the City for the 41.4 acres will be utilized to develop a new Public Works Complex at a site to be determined and to be donated to the City by the County. The total project involves approximately 159 acres. These acres will provide a vital link between the Savannas Recreation Area and the Indian Hills Golf Course. A recreational trail is planned for Savannas Recreation Area. With acquisition of these properties, the trail can be extended to Indian Hills Golf Course and from there to downtown Fort Pierce. The acquired properties will additionally be utilized to expand Heathcote Botanical Garden and may also be used for other recreational uses to be determined. The conceptual site plan for the project, calls for the restoration of approximately 62 acres of wetlands and 24 acres of scrub habitat. This grant, if received, will pay for the restoration activities. A 25% match is required. Matching funds will be provided by a $4.19 million grant from Florida Communities Trust. If the Florida Communities Trust grant is not funded, the grant application to U.S. Fish and wildlife Service will be withdrawn. PREVIOUS ACTION: The Board of County Commissioners approved the submittal of the FCT grant for this project on April 24, 2004. Staff recommends the Board authorize the submittal and acceptance of the U.S. Fish and Wildlife Service National Coastal Wetlands Conservation Program grant application. ~ ~~IS~;:IO:ppr~ve~ 5~'NI'D CO&~ Douglas Anderson County Administrator ~oordination/Signatures SUBJECT: BACKGROUND: FUNDS AVAIL.: RECOMMENDATION: Ch/ ;../X'1 purchasing. Other. Mgt &- Budget. Public Works. County Attorney. Originating Dept. ~~~ Finance: (copies only) : , -. '-' """" AGENDA REOUEST ITEM NO: ~ 3ß DATE: June 15, 2004 Regular [ ] Public Hearing [ ] Consent [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Central Services PRESENTED BY: Don McLam SUBJECT: Authorize staffto apply for a Florida Department of Transportation (FDOT) Intermodal grant funds to assist with the construction costs of intermodal facilities at the new Clerk of Court building. BACKGROUND: The FDOT Intermodal grant provides an additional resource for major capital investment that facilitates the intermodal movement of people and goods. In Fiscal Year 2004 District 4 FDOT received $2,100,000 that was distributed between five counties. On April 29, 2004 Central Services staff met with representatives from FDOT to discuss the proposed project. In addition staff from Community Services and Council of Aging was also present to ensure that the completed project would benefit the transit system. FDOT staff approved of the proposed concept and stated that the following components could be included in the 50/50 grant request: paving of the bus bay area, benches, the lobby, the pedestrian tube between the Court House and the Clerk of Court building. FUNDS AVAIL: The 50% local match of $300,000.00 will come from the account dedicated to the construction of the Clerk of Court building Account #315-1930-562000-16012. PREVIOUS ACTION: The Board approved Architectural & Design of the new Clerk of Court building on December 17, 2002 and again on December 26, 2003. RECOMMENDATION: Staff recommends the Board authorize staff to apply for a Florida Department of Transportation (FDOT) Intermodal grant funds to assist with the construction costs ofintermodal facilities at the new Clerk of Court building. COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER Approved 5-0 Q-- Co'""' Mom'y' , r£... Originating Department: Management & Budget x Purchasing: x Other: Other: Finance: x Check for copy only, if applicable r , . Tn/Tn ."-' ....", Intermodal Development Program Guidance Purpose The Intennodal Development Program provides an addi,tional resource for major capital investment in fixed-guideway transportation systems, access to seaports, airports and other transportation tenninals, providing for the construction of intermodal or multimodal terminals; and to otherwise facilitate the intermodal or rtlultirnodal. movement of people ' ,: and goods. >.' Intermodal Development Program will be allocated to the: Districts by fonnula. Eligible Recipients Eligible recipients are public agencies e1igib1e to receive FDOT state funding. Eligible Projects Projects that are eligible for funding under this program, include, major capitai investments in public rail and fixed-guideway transportation facilities arid systems which provide mtermodal access and wlúch have complied with the requirement ~f the Department's major capital investment policy; road, rail, or fix.ed:guideway, a~cç~~·Jo. '_¡.". from, or between seapo~s, ,airports, and other transportatiori',teiTn,irials~·,construëïföÏÏ-ö:{':.._" _ ,_ intennodal ,or muJtimodal terminals' development and construction of dedicated .bus ..' lanes' and projects which otherwise facilitate the intennodal or multim,?daj ~():ve~~nt of... , people and gooçls. . Project Solícitat~!>~.... ... ,., ...,..,,,... .... ,.'- ...' --.--.'--..-------- Each District'will notify eligible recipients of available funding annually. .. Project· ~ ,. . requests must be submitted to the District Office by June 15 annually. .,--,--..-.......... Available Districtwide Funding . .. Please note that in Fiscal Year 2004 District 4 FDOT received $2~IOO,OOO.OO that was p distributed th¡oughout its five counties: . . . , .... . . , -- .- ........ . ... . , .......---...-..... .. . .. .~ - ~... .. .. ...- ~,' .., , . . . . .. .. . . .. ...... .-- -.-.-. .....-,--.--- .. .--..... --.- .... .- .. ..... . ,"' ...... _..0· -' ....-... . -- . .".... . ......- " , . ... ".....M..... : ~~·.7~::.-::.=.,~ ~~..-.._~:-: ..~:: '. ..... ~ ..... ... -, . ........... .." .. ... . ,.: .-..-..... -....- - ,. ,.-.... ".. _. .... .... .... ,.. .. .... -. ..---,.-.. - ...... .....~..... "';:' :. ~ ". .., .... ... . . "'. ... --' ::. :::-:_.:..;,~·~~~"::_:;~~:~~~~,fgg~_'_:~~ -....-.-. ...- ..... '-~~if-·i¿j"þ-·tg9 ".--- "Ù:9t Þ00z:1aø/90 -:JC\H-I . ....-.-... ..----- ···è;?1i\s· Ä1i~wwo~ ~lS ...._- - '. \-, '~ .' .. ' '-" To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: X COMMISSION ACTION: I APPROVED I OTHER Approved 5-0 ./ County Attorney Originating Dept.: Finance: - """'" Agenda Request Item Number ê L/I1- Date: June 15, 2004 [X ] [ ] [ ] Quasi-JD/[ Board of County Commissioners Growth Management Director Consider Draft Resolution 04-088 approving he request of John Thompson for a Major Site Plan to allow the construction of a 163,375 square foot industrial truss manufacturing facility to be known as Builder's First Source - St. Lucie. (File No.: MJSP-03-024) Builder's First Source, LLC has applied for a Major Site Plan approval for a new 163,375 square foot (consisting of six buildings: Building A - 60,000 square feet, Building A.1 - 14,000 square feet, Building B.1, B.2 and B.3 - 19,125 square feet, and Building C - 32,000 square feet) industrial manufacturing facility to be known as Builder's First Source - St. Lucie. The primary use will be for a truss manufacturing facility. The proposed location is located on the west side of Kings Highway, approximately one-quarter of a mile south of the intersection of Orange Avenue and Kings Highway. N/A N/A Staff recommends approval of Draft Resolution 04-088, subject to the conditions contained therein. D DENIED ~oordinationl Signatures .~..I Mgt. & Budget: .'/Env.Res. ~'" r - PublicWork~ - Purchasing: Eng. Other · r ~ ...., COMMISSION REVIEW: June 15, 2004 GROWTH MANAGEMENT DEPARTMENT (Planning Division) MEMORANDUM TO: County Commission FROM: Interim Growth Management Director DATE: June 8, 2004 SUBJECT: Petition of John P. Thompson for a Major Site Plan approval to allow the construction of a 163,375 square foot truss manufacturing facility for the project known as Builder's First Source located in the IL (Industrial, Light) Zoning District (File No.: MJSP-03-024) LOCATION: West side of Kings Highway, approximately 14 mile south of the intersection of Kings Highway and Orange Avenue. EXISTING ZONING: IL (Industrial Light) LAND USE DESIGNATION: MXD - Orange Avenue (High Intensity) PARCEL SIZE: 22.99 Acres PROPOSED USE: A 163,375 square foot truss manufacturing facility to be constructed with six buildings (Building A - 60,000 square feet, Building A.1 -14,000 square feet, Building B.1 -19,125 square feet, Building B.2 -19,125 square feet, Building B.3- 19,125 square feet and Building C - 32,000 square feet). SURROUNDING LAND USE: Vacant land to the north, south, east and west. SURROUNDING ZONING: MXD-Orange Avenue to the north, south, east and west and further to the south RS (Residential Suburban). RM-11 (Residential, Multiple-family-11 du/acre) to the north and west, IL (Industrial Light) and AR-1 (Agricultural Residential - 1 du/acre) to the south; IL (Industrial Light) to the east. FIRE/EMS PROTECTION: Fire Station Number #4 (2850 Aviation Way) is located approximately 4 miles to the northeast. UTILITY SERVICE: Fort Pierce Utilities Authority will be providing water and sewer to the subject property. '-' 'wi June 8, 2004 Page 2 Subject: Builder's First Source File No.: MJSP-03-024 TRANSPORTATION IMPACTS: Right of Way Adequacy: Kings Highway is currently a 60-foot right-of-way. As part of the site plan approval the applicant will be required to dedicate 65 feet of right-of-way for the future widening of Kings Highway. Scheduled Area Improvements: None TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity ******************************************** STANDARDS FOR SITE PLAN REVIEW Section 11.02.07, of the S1. Lucie County Land Development Code identifies the minimum Standards of Reviewfor all proposed Site Plans. These standards must be met in order for any site plan approvals to be considered. Staff has reviewed the request for Major Site Plan approval, utilizing these requirements and notes the following: A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN The proposed building or use is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County; and the proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. The proposed Builder's First Source site plan is consistent with the general purpose, goals, objectives and standards of this Code, the S1. Lucie County Comprehensive Plan, and the Code and Compiled Laws of S1. Lucie County, and the proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of S1. Lucie County. These policies include, but are not limited to: Policv 1.1.1.1 of the S1. Lucie County Comprehensive Plan establishes a maximum intensity within the MXD Orange Avenue (High Intensity) land use category for industrial uses as .5 FAR (Floor Area Ratio). Based upon this, a 22.99 acre site would be permitted a maximum of 500,722.2 square feet of building. The applicant is proposing to construct 163,375 square feet of buildings on this site equating to buildings being constructed on 17% of the entire site. Therefore, the proposed project is consistent with this policy. ~ \..,f ...., June 8, 2004 Page 3 Subject: Builder's First Source File No.: MJSP-03-024 Obiective 1.1.5, of the St. Lucie County Comprehensive Plan, which states that future development must be within the Planned Urban Service Area and directed to areas where urban and community services/facilities can be provided in the most efficient and compact manner so as to discourage the proliferation of urban sprawl. The proposed 163,375 square foot manufacturing plant is located within the Urban Service Area and will be serviced with water and sewer services by the Fort Pierce Utility Authority (FPUA). Therefore, the proposed project is consistent with this policy. Objective 1.1.11 of the St. Lucie County Comprehensive Plan, which states that the County shall work with interested groups and agencies to increase and broaden the economic base while expanding existing business and industrial opportunities. The proposed manufacturing plant will be 163,375 square feet in size and have at build out a maximum of 50 employees. The proposed business manufactures roof trusses that are shipped throughout the state. The applicant will provide a continuous economic benefit from the proposed manufacturing plant. Therefore, the proposed project is consistent with this policy. B. EFFECT ON NEARBY PROPERTIES 1. The proposed building or use will not have an undue adverse effect upon nearby property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. The proposed 163,375 square foot site plan for the Builder's First Source manufacturing plant has been determined not to have an undue or adverse effect upon nearby properties. The surrounding properties are vacant at this time. To the east and south of the proposed project is vacant industrially zoned property. To the north and west are vacant residentially zoned properties. The proposed project will continue the current industrial development patterns to the south along Kings Highway. This property is within close proximity to the Orange Avenue/I-95 extension. Kings Highway is a state-owned right-of-way, with a right-of-way width between 60 feet and 140 feet. Kings Highway north of Orange Avenue operates at a LOS C. This segment of King's Highway has a capacity of 15,600 trips. The roadway currently operates with 13,200 AADT, leaving 2,400 trips available. The proposed project is expected to produce 351 daily trips with a peak hour of 38 trips. Therefore, sufficient capacity is available to meet the demands of this project. In addition, Kings Highway south of Orange Avenue operates at a LOS B and has a capacity of 15,600 trips. This roadway segment currently operates with 8,700 AADT, leaving h 6,900 available trips. Therefore, sufficient capacity is available to support the needs of this project. As part of the site plan approval process, the proposed site layout overlaid on the future FDOT roadway widening plans for Kings Highway. The applicant will be required to dedicate 65 feet of right-of-way width along Kings Highway the entire ~ ""'" June 8, 2004 Page 4 Subject: Builder's First Source File No.: MJSP-03-024 length of the property to accommodate the planned improvements to Kings Highway, consistent with the FOOT roadway widening plans. As part of the site design, the applicant has provided for a joint access drive with the property to the south. All reasonable steps have been taken to minimize any adverse effect of the proposed building or use on the immediate vicinity through building design, site design, landscaping, and screening. Kings Highway will be screened from the proposed development via a 15-foot landscape buffer along the eastern property line, which will consist of a landscaped berm with a opaque wall (8 feet in height). These landscape buffers provide for a visual buffer along all property boundaries. 2. The proposed building or use will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. The design of the proposed project has been determined not to interfere with the development or use of neighboring properties. To the north and west of the subject property is vacant property designated with RM-11 (Residential, Multiple-family -11 du/acre) zoning. The applicant proposes to construct an 8-foot high landscaped berm and wall feature around the entire site to provide a visual landscape buffer from the proposed industrial use and the surrounding properties. To the south and east is vacant property designated with IL (Industrial Light) zoning. Further, to the south is property acquired by the county to be utilized for a future Research and Development Park. Therefore, with the proposed berm and wall landscape feature, the proposed project is considered to be compatible with the surrounding properties. There will be six buildings constructed on the property as part of this project. Building A is proposed to be a 60,000 square foot building and is located along the eastern property line. Building A.1 is proposed to be a 14,000 square foot building and is located adjacent to Kings Highway adjacent to the easternmost property line. Buildings B.1, B.2 and B.3 are proposed to be 19,125 square feet in size and are located in the central portion of the site. Building C is proposed to be a 32,000 square foot building and is located along the northwestern corner of the site. During the design phase of the project, the proposed building locations have taken into account the existing trees on this site. The access to the project will be along the southern property line and will be used jointly with the property to the south. Therefore, the proposed design of the project will not interfere with the development of surrounding properties. C. ADEQUACY OF PUBLIC FACILITIES The proposed building or use complies with the standards of Chapter V, Adequate Public Facilities. '-" 'wII June 8, 2004 Page 5 Subject: Builder's First Source File No.: MJSP-03-024 Kings Highway is a state-owned right-of-way, with a right-of-way width between 60 feet and 140 feet. Kings Highway north of Orange Avenue operates at a LOS C. This segment of King's Highway has a capacity of 15,600 trips. The roadway currently operates with 13,200 AADT, leaving 2,400 trips available. The proposed project is expected to produce 351 daily trips with a peak hour of 38 trips. Therefore, sufficient capacity is available to meet the demands of this project. In addition, Kings Highway south of Orange Avenue operates at a LOS B and has a capacity of 15,600 trips. This roadway segment currently operates with 8,700 AADT, leaving 6,900 available trips. Therefore, sufficient capacity is available to support the needs of this project. The proposed 163,375 square foot truss manufacturing plant is not expected to cause any of the existing transportation links in this area to fall below an acceptable minimum Level of Service. As part of the site plan approval process, the proposed site layout was compared to the future FDOT roadway widening plans for Kings Highway. The applicant will be required to dedicate 65 feet of right-of-way width along Kings Highway, the entire length of the property, to accommodate the planned improvements to Kings Highway, consistent with the FDOT roadway widening plans. Staff has concerns that the operations of the roadway facility may be affected by the proposed development. Therefore, Staff is recommending the construction of right and left turn lanes be completed prior to any development for this project. The Fort Pierce Utilities Authority (FPUA) will service the proposed project with water and sewer. D. ADEQUACY OF FIRE PROTECTION The applicant has obtained from the St. Lucie County Bureau of Fire Prevention written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. The applicant has obtained from the St. Lucie County Fire District written confirmation that the proposed site plan conceptually meets the minimum access and water supply requirements for fire protection services at this facility. E. ADEQUACY OF SCHOOL FACILITIES The proposed building or use will be served by adequate school facilities. As this project is an industrial operation, no school facilities will be impacted by this development. - --- '-" .....,¡ June 8, 2004 Page 6 Subject: Builder's First Source File No.: MJSP-03-024 F. ENVIRONMENTAL IMPACT For developments required to provide an environmental impact report under Section 11.02.09(A)(5), the proposed development will not contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn. The subject property contains an upland forested area consisting of intermixed laurel oak and cabbage palms. Portions of the property were utilized as citrus groves and currently utilized for cattle as well as a staging area for fill excavated for FOOT. The site contains limited to zero sub-canopy coverage within the areas that contain mature trees. The project area is best described as rural land in transition without positive indicators of intended activity. The upland areas on the property were affected by previously completed clearing activities associated with a citrus and ongoing cattle operation. The understory of the "forested" area is largely non-existent, consisting of grape vine, sand cordgrass, beggar's tick, bahia grass, dog fennel and fleabane. The property does contain several trees that qualify for protection under the County's resource protection code. On the proposed site 1,720" of trees were found. The applicant proposes to remove 580". Based upon this 20" of trees will need to mitigated. In order to mitigate for the 20" of trees, the applicant proposes to plant 8 trees @ 2.5 DBH, which satisfies the County's LDC requirements. The overall impact to native vegetation will be minimized due to the preservation and relocation of native and protected trees. During the site review process the following wildlife was observed: songbirds, various wading birds, wild hog, wild turkey and evidence of armadillo foraging. No evidence of roosting, nesting, or denning was evident. The vegetation found on the property does not provide sufficient native resources for resident native wildlife. COMMENTS: John Thompson has applied for a Major Site Plan approval for a 163,375 square foot truss manufacturing plant to be known as Builder's First Source. The proposed project is to be located on the west side of Kings Highway, approximately one-quarter mile south of the intersection of Kings Highway and Orange Avenue. Attached is a copy of Draft Resolution 04-088, which, if approved, would grant this request for a Major Site Plan approval, subject to the following conditions: 1. Prior to issuance of any building permits for construction, the developer shall construct right and left turn lanes into the proposed project. 2. Prior to the issuance of any building permits for any Phase of this project, the developers of this project shall dedicate to St. Lucie County 65 feet of right-of-way adjacent to Kings Highway. his dedication shall be in a manner and form acceptable to the St. Lucie County Attorney. To the extent permitted under the County's Code this dedication may be considered eligible for Road Impact Fee Credits. \w- """ June 8, 2004 Page 7 Subject: Builder's First Source File No.: MJSp·03-024 3. The signage for this project cannot exceed 200 square feet as permitted in Section 9.01.01 (F) of the Land Development Code. 4. The proposed buildings will be required to satisfy the St. Lucie County Architectural Standards as set forth in Section 7.10.23 of the Land Development Code. 5. Prior to issuance of a Certificate of Occupancy (CO) for the first building, the applicant shall be required to construct a landscaped berm and wall not to exceed eight feet in height. Staff recommends approval of Draft Resolution 04-088. If you have any questions, please let us know. venson rowth Management Director RS/cs H :/wp/projects/Builder's Fi rst Choice/bcclbu ildersfirst. fnl.bccmemo.doc cc: County Administrator Asst. County Administrator County Attorney Public Works Director County Engineer Fire Marshall John Thompson Michael Gaylor File '-" "" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION 04-088 FILE NO.: MJSP-04-024 A RESOLUTION GRANTING APPROVAL TO A MAJOR SITE PLAN PROJECT TO BE KNOWN AS BUILDER'S FIRST SOURCE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. John Thompson, presented a petition for a Major Site Plan Project, to be known as Builder's First Source - St. Lucie, to provide for the construction of a 163,375 square foot truss manufacturing plant, on a parcel of land located on the west side Kings Highway, approximately one-quarter mile south of the intersection of Kings Highway and Orange Avenue, in the IL (Industrial Light) Zoning District for the property described in Section B. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. 3. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan and the Code of Ordinances of St. Lucie County. 4. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 6. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regu lations. 7. The proposed project will be served water and sewer services by the Fort Pierce Utility Authority (FPUA). 8. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Interim Growth Management Director on June 15, 2004. File No,: MJSP·03024 June 8, 2004 Resolution 04·088 Page 1 --- -- ~ ...., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of 8t. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Major Site Plan to be known as Builders First Source, is hereby approved as depicted on the site plan drawings for the project prepared by Gaylor Engineering, dated 12/10/03, last revised on 4/21/04, and date stamped received by the St. Lucie County Community Development Director on 5/4/04, for the property described in Section B, subject to the following conditions. 1. Prior to issuance of any building permits for construction, the developer shall construct right and left turn lanes into the proposed project. 2. Prior to the issuance of any building permits for any Phase of this project, the developers of this project shall dedicate to S1. Lucie County 65 feet of right-of-way adjacent to Kings Highway. his dedication shall be in a manner and form acceptable to the St. Lucie County Attorney. To the extent permitted under the County's Code this dedication may be considered eligible for Road Impact Fee Credits. 3. The signage for this project cannot exceed 200 square feet as permitted in Section 9.01.01 (F) of the Land Development Code. 4. The proposed buildings will be required to satisfy the St. Lucie County Architectural Standards as set forth in Section 7.10.23 of the Land Development Code. 5. Prior to issuance of a Certificate of Occupancy (CO) for the first building, the applicant shall be required to construct a landscaped berm and wall not to exceed eight feet in height. B. The property on which this Major Site Plan approval is being granted is described as follows: A PARCEL OF LAND LYING, IN THE. SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 11, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 11; THENCE N89°32'37' W FOR 25.00 FEET TO THE WESTERLY RIGHT OF WAY OF KINGS HIGHWAY (S.R. 713); THENCE ALONG SAID WESTERLY RIGHT OF WAY NOoo13'52"W FOR 679.64 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY N90000'OO''W FOR 1172.39 FEET; THENCE SOoo09'27"E FOR 637.97 FEET; THENCE S89°32'37"W FOR 195.16 FEET; THENCE NOoo09'27"W FOR 1278.00 FEET; THENCE N89°44'38"E FOR 1366.71 FEET TO THE SAID WESTERLY RIGHT OF WAY OF KINGS HIGHWAY (S.R. 713); THENCE ALONG SAID WESTERLY RIGHT OF WAY SOoo13'52"E FOR 644.59 FEET TO THE POINT OF BEGINNING. File No,: MJSP-03024 June 8. 2004 Resolution 04-088 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 -- ..... \w' ,..., CONTAINS 22.9962 ACRES, MORE OR LESS (Tax ID is: a portion of 2311-440-0000-000/3) (Location: West side of Kings Highway, approximately ~ mile south of the intersection of Kings Highway and Orange Avenue) C. This Major Site Plan shall expire on June 15, 2006, unless a building permit is issued or an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Development Code. D. The Major Site Plan granted under this Resolution is specifically conditioned to the requirement that the petitioner, John Thompson, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to: the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. E. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Growth Management Director on June 15, 2004, which certificate shall remain valid for the period of Site Plan approval. Should the Site Plan approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity shall be required. F. A copy of this resolution shall be attached to the site plan drawings described in Section A, which plan shall be placed on file with the St. Lucie County Growth Management Director. Atter motion and second, the vote on this resolution was as follows: Chairman Paula Lewis XXX Vice-Chairman John Bruhn XXX Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX PASSED AND DULY ADOPTED this 15th Day of June 2004. File No,: MJSP-03024 June 8, 2004 Resolution 04-088 Page 3 - - .......... " .~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 it 20 21 22 23 24 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY DEPUTY CLERK cs: H :\W P\projects\Builder's First Choice\agenda\04-00S.resolution.builders.doc File No.: MJSP-03024 June 8. 2004 Resolution 04-088 Page 4 ;, '-' ~ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: ex l APPROVED I I OTHER Approved 5-0 -'County Attorney Originating Dept.: Finance: Airport: -- ....., Agenda Request ~'/JD Item Number L-!tt~') Date: June 15, 2004 Consent Regular Public Hearing Le [ ] [X ] [ ] [ ] Quasi-JD [ Board of County Commissioners Growth Management Dept -' Consider Draft Resolution 04-087 approving the request of Runway's End llC, for Major Site Plan approval to allow the construction of a 40,000 square foot industrial facility to be known as Runway's End Commerce Center. (File No.: MJSP-03-020) Runway's End llC has applied for Major Site Plan approval for a new 40,000 square foot (two, 20,000 square foot buildings) industrial flex-space facility to be known as Runway's End Commerce Center. The proposed location is the northeast corner of the intersection of Industrial 33ra Avenue and St. Lucie Boulevard. The applicant has indicated that they will be utilizing one of the 20,000 square foot buildings for a woodworking/cabinetry shop. N/A N/A Staff recommends approval of Draft Resolution 04-087, subject to the cited conditions contained therein. D DENIED þ~ Douglas M. Anderson County Administrator ~~rdinationl Signatures -;J-k'_ Mgt. & Budget: Public Works: ---Environ. Resources ~~ Purchasing: Engineering Other . . '-' ...., COMMISSION REVIEW: June 15, 2004 GROWTH MANAGEMENT DEPARTMENT (Planning Division) MEMORANDUM FROM: Randy Stevenson, Interim Growth Management Directo TO: County Commission DATE: June 8, 2004 SUBJECT: Petition of Runway's End LLC, for a Major Site Plan approval to allow the construction of a 40,000 square foot industrial flex-space facility for the project known as Runway's End Commerce Center located in the IL (Industrial, Light) Zoning District (File No.: MJSP-03-020) LOCATION: Northeast corner of the intersection of Industrial 33rd Avenue and St. Lucie Boulevard EXISTING ZONING: IL (Industrial Light) LAND USE DESIGNATION: IND (Industrial) PARCEL SIZE: 4.92 Acres PROPOSED USE: A 40,000 square foot industrial flex-space facility. 20,000 square feet will be utilized for a cabinetry/woodworking/ millwork facility. SURROUNDING LAND USE: FIRE/EMS PROTECTION: Industrial to the north, south, east and west. Fire Station Number #4 (2850 Aviation Way) is located approximately 1 .5 miles to the west. UTILITY SERVICE: Fort Pierce Utilities Authority will be providing water and sewer to the subject property. TRANSPORTATION IMPACTS: Right of Way Adequacy: St. Lucie Boulevard is currently a 60-80-foot right-of-way Scheduled Area Improvements: None \.f ....", June 8, 2004 Page 2 Subject: Runway's End Commerce Center File No.: MJSP-03-020 TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity *********************************** STANDARDS FOR SITE PLAN REVIEW Section 11.02.07, of the St. Lucie County Land Development Code identifies the minimum Standards of Reviewfor all proposed Site Plans. These standards must be met in order for any site plan approvals to be considered. Staff has reviewed the request for a Major Adjustment to an Existing Major Site Plan, utilizing these requirements and notes the following: A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN The proposed building or use is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County; and the proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. The proposed Runway's End Commerce Center is consistent with the general purpose, goals, objectives and standards of this Code and the Code and Compiled Laws of St. Lucie County. The proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled laws of St. Lucie County. The County recently adopted Section 7.10.23, St. Lucie County Architectural Standards, as part of the construction of the proposed buildings this project shall be conditioned to ensure that it satisfies all code requirements established within this section of the St. Lucie County land Development Code. The proposed Runway's End Commerce Center is consistent with the general purpose, goals, objectives and policies of the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County. These policies include, but are not limited to: . Policy 1. 1. 1. 1 of the St. Lucie County Comprehensive Plan establishes a maximum intensity within the INO (Industrial) land use category as 40% - 50% lot coverage by structure. The project is proposed to be developed at an intensity by building coverage of only 19%. . Obiective 1. 1.5 of the St. Lucie County Comprehensive Plan, states that future development must be within the Planned Urban Service Area and directed to areas where urban and community services/facilities can be provided in the most efficient and compact manner so as to discourage the proliferation of urban sprawl. The proposed 40,000 square foot Runway's End Commerce Center is located within the Urban Service Area and will receive water and sewer services through the Fort Pierce Utility Authority. ~ .-.."J June 8, 2004 Page 3 Subject: Runway's End Commerce Center File No.: MJSP-03-020 Therefore based upon the IND (Industrial) land use designation of the proposed property, the proposed site plan is consistent with the Future Land Use Element of the St. Lucie County Comprehensive Plan. B. EFFECT ON NEARBY PROPERTIES 1. The proposed building or use will not have an undue adverse effect upon nearby property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. The proposed 40,000 square foot industrial flex space facility to be known as Runway's End Commerce Center has been determined not to have an undue or adverse effect upon nearby properties. The subject property is surrounded by industrial uses to the north, south, east and west. The proposed project is consistent with the existing industrial development patterns along St. Lucie Boulevard and within the Airport Industrial Park. 2. All reasonable steps have been taken to minimize any adverse effect of the proposed building or use on the immediate vicinity through building design, site design, landscaping, and screening. The developer has designed the site so that the proposed building locations will minimize any adverse impacts on the surrounding area. The developer has provided for enhanced landscaping adjacent to St. Lucie Boulevard to buffer the existing facility. All required landscaping will be located on the Runway's End Commerce Center site. 3. The proposed building or use will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. The design of the proposed project has been determined not to interfere with the development or use of neighboring properties, as may be regulated by the St. Lucie County Land Development Code. The surrounding properties to the north, south, east and west are designated with an IL (Industrial Light) Zoning District and therefore the proposed project is considered compatible with the surrounding properties. C. ADEQUACY OF PUBLIC FACILITIES The proposed building or use complies with the standards of Chapter V, Adequate Public Facilities. The proposed 40,000 square foot Runway's End Commerce Center is not expected to cause any of the existing public facilities in this area to fall below current Level of Service conditions. '-' ...." June 8, 2004 Page 4 Subject: Runway's End Commerce Center File No.: MJSP-03-020 St. Lucie Boulevard in the subject area has an average right-of-way width between 60 - 80 feet. The site design incorporates all buildings outside of the 120-foot future right-of-way for St. Lucie Boulevard. In addition, the site design incorporated a 30-foot right-of-way dedication for the future widening of St. Lucie Boulevard. Section 11.02.09(4) requires that a traffic impact report (TIR) assessing the impacts of the project be submitted, when a project is 87,000 square feet or more for industrial (manufacturing) uses. The proposed project falls below this threshold, therefore no TIR was required to be submitted. The proposed site is located on the north side of St. Lucie Boulevard and is located within the Ft. Pierce Utility Authority (FPUA) Service Area. The applicant submitted a letter from FPUA indicating that both water and sewer services are available. D. ADEQUACY OF FIRE PROTECTION The applicant has obtained from the St. Lucie County Bureau of Fire Prevention written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. The applicant has obtained, from the St. Lucie County Fire District, written confirmation that the proposed site plan conceptually meets the minimum access and water supply requirements for fire protection services at this facility. E. ADEQUACY OF SCHOOL FACILITIES The proposed building or use will be served by adequate school facilities. As this project is an industrial operation, no school facilities will be impacted by this development. F. ENVIRONMENTAL IMPACT For developments required to provide an environmental impact report under Section 11.02.09(A)(5), the proposed development will not contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis': of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Hom and Associates, Inc. (August, 1982). According to Section 11.02.09(5) an Environmental Impact Report (EIR) is required to be submitted when a project is 10 acres or more, contains a wetland, is identified on the Inventory of Native Ecosystems for 5t. Lucie County, is located within the 100-year floodplain or located on North or South Hutchinson Island. As the proposed site does not meet any of the above criteria the applicant was not required to submit an EIR. The applicant has designed the site to minimize any impact to the existing vegetation found on site. The northeastern portion of the site does contain a number of trees. Due to the '-' ...., June 8, 2004 Page 5 Subject: Runway's End Commerce Center File No.: MJSP-03-020 nature of the applicant's business and the large trucks that will be negotiating through the site, the developer's have determined that it was not feasible to preserve the existing trees or design the drive aisles around the existing trees. Therefore, the applicant has provided for mitigation through onsite plantings and preservation around the dry retention areas. ************************* COMMENTS: Runway's End LLC, has applied for a Major Site Plan approval to allow the construction of a 40,000 square foot industrial flex-space project to be constructed in two, 20,000 square foot buildings, to be known as Runways End Commerce Center. The proposed 40,000 square feet of new industrial space at the Runway's End Commerce Center has been determined not to have an undue or adverse effect upon nearby properties. The subject property is surrounded by industrial uses to the north, south, east and west. The proposed project is consistent with the existing industrial development patterns along St. Lucie Boulevard and within the Airport Industrial Park. The proposed petition is consistent with the Goals, Objectives and Policies of the St. Lucie County Comprehensive Plan and satisfies the criteria set forth in the St. Lucie County Land Development Code. Staff recommends approval of Draft Resolution 04-087, subject to the following Conditions of Approval: 1. The applicant shall dedicate 30 feet of right-of-way for St. Lucie Boulevard in a manner acceptable to the County Attorney. 2. The proposed buildings will be required to satisfy the St. Lucie County Architectural Standards as set forth in Section 7.10.23 of the Land Development Code. If you have any questions, please let us know. cs H:/wp/projects/runway's end/agenda/bccmemo. ~ ....." June 8, 2004 Page 6 Subject: Runway's End Commerce Center File No.: MJSP-03-020 cc: County Administrator County Attorney Planning Manager Thomas Lucido & Associates 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 \.I ""'" RESOLUTION 04-087 FILE NO.: MJSP-03-020 A RESOLUTION GRANTING APPROV AL TO A MAJOR SITE PLAN PROJECT TO BE KNOWN AS RUNWAY'S END COMMERCE CENTER WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Runwav's Enc LLC. presented a petition for a Major Site Plan Project, to be known as Runway's End Commerce Center, to provide for the construction of a 40,000 square foot industrial flex space facility on a parcel of land located at the northeast corner of the intersection of St. Lucie Boulevard and Industrial 33rd Avenue, in the IL (Industrial Light) Zoning District for the property described in Section B. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. 3. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan and the Code of Ordinances of St. Lucie County. 4. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 6. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 7. The proposed project will be served water and sewer services by the Fort Pierce Utility Authority (FPUA). File No,: MJSP-03-020 June 15, 2004 Resolution 04-087 Page 1 '-" .."", 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 8. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Interim Growth Management Director on June 15, 2004. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Major Site Plan to be known as Runway's End Commerce Center, is hereby approved as depicted on the site plan drawings for the project prepared by Thomas Lucido & Associates, dated 8/19/03, last revised on 5/18/04, and date stamped received by the St. Lucie County Community Development Director on 5/19/04, for the property described in Section B, subject to the following conditions. 1. The applicant shall dedicate 30 feet of right-of-way for St. Lucie Boulevard in a manner acceptable to the County Attorney. 2. The proposed buildings will be required to satisfy the St. Lucie County Architectural Standards as set forth in Section 7.10.23 of the Land Development Code. B. The property on which this Major Site Plan approval is being granted is described as follows: Parcel 1 Lots 1 through 9 inclusive and Lots 28 through 36 inclusive, Block 64 and the east % of vacated Cuyaga Avenue, adjacent on the west of Lots 28 through 36, all in San Lucie Plaza Unit One, as recorded in Plat Book 5, Page 57 of the Public Records of St. Lucie County, Florida. Parcel 2 Lots 10 through 18 inclusive in Block 65 and west Yz of vacated Cuyaga Avenue, adjacent on the east, all in San Lucie Plaza Unit One, as recorded in Plat Book 5, Page 57 of the Public Records of St. Lucie County, Florida. (Tax ID Is: 1428-702-1537-000/2 and 1428-702-1492-000/4). (Location: Northeast corner of the intersection of St. Lucie Boulevard and Industrial 33rd Avenue) C. This Major Site Plan shall expire on June 15, 2006, unless a building permit is issued or an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code. File No,: MJSP-03-020 June 15, 2004 Resolution 04-087 Page 2 '-' "", 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 D. The Major Site Plan granted under this Resolution is specifically conditioned to the requirement that the petitioner, Runway's End LLC, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to: the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. E. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Interim Growth Management Director on June 15, 2004, which certificate shall remain valid for the period of Site Plan approval. Should the Site Plan approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new Certificate of Capacity shall be required. F. A copy of this resolution shall be attached to the site plan drawings described in Section A, which plan shall be placed on file with the St. Lucie County Growth Management Director. After motion and second, the vote on this resolution was as follows: Chairman Paula Lewis XXX Vice-Chairman John Bruhn XXX Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX PASSED AND DULY ADOPTED this 15TH day of June 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman File No,: MJSP-03-020 June 15. 2004 Resolution 04-087 Page 3 -- 1 2 3 4 5 i 9 10 11 12 13 14 15 16 ATTEST: APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CLERK COUNTY ATTORNEY cs: H :\W P\projects\Runway's End\agenda\runwysend.resolution ,04087 ,doc File No,: MJSP-03-020 June 15, 2004 ~ Resolution 04-087 Page 4 " '-' /"'., TO: SUBMITTED BY: SUBJECT: BACKGROUND: -- -- -- ....¡ Agenda Request Item Number Date: C1C June 15, 2004 Consent Regular Public Presentation [X] [ ] [ ] Quasi-JD [ Board of County Commissioners Growth Management FUNDS AVAilABLE: Funds are PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: ~ APPROVED [:=J OTHER Approved 5-0 l- Authorize the execution of JPA (Joint Participation Agreement - Department of Transportation Locally Funded Agreement #230262-5-52-01) with the Florida Department of Transportation in the amount of $150,000 for enhancements to the planned SR 70/ St. Lucie County Fairgrounds Pedestrian Bridge. In July of 2005, the Florida Department of Transportation (FDOT) is scheduled to begin the widening of SR 70 (Okeechobee Road) from west of McCarty Road to west of the County Fairgrounds. This is the first of four phases of construction that will eventually result in the four laning of SR 70 all the way through St. Lucie County. As part of this capacity enhancement project, the State will also be providing for the construction of 12-foot wide, multi-use path along the north side of SR 70 from the Florida Turnpike to the Okeechobee County Line. It is the intention of the County to see that this path is eventually extended into and through Okeechobee County when the roadway is widened there. Part of the SR 70 expansion project includes the construction of a pedestrian crossover bridge at the St. Lucie County Fairgrounds, connecting the multi-use trail on the north side of the road with the planned trailhead facilities on the south side of the roadway. This bridge will provide for a safe pathway for those pedestrians/hikers and bicyclists using this multi-use trail so that they do not have to cross over the actual travel lanes of SR 70, When originally submitted to the County for comments, the designs for the proposed pedestrian bridge were plain and utilitarian. With the new Fairgrounds location and the number of events scheduled for the facility, County staff requested that the FDOT make some adjustments to the bridge that would be more reflective of the area, while still maintaining the minimum safety criteria and cost controls that we have to deal with. FDOT indicated that they would do this, but that any additional construction costs would have to be borne by the County. FDOT has redesigned the structure, and the added cost amounts to approximately $150,000. The County's obligation in this matter is $150,000. The costs associated with the pedestrian bridge are an eligible expenditure of Road Impact Fee Funds in that the facility is directly related to the widening of the roadway, and if it were not for the widening of the roadway. the facility would not be needed. The funds ($150,000) for this project will come from road impact fee Zones 1 and 3. avail: 101006-4116-563000-400 Rd Impact Fees/Imp oft BIdg acct. At the May 18, 2004 Board of County Commissioners meeting, the Board approved !ubmittal of a DOï transportation enhancement grant for landscape beautification around the base of the pedestrian bridge. Staff recommends that the Board support resolution 04-161 and approve Local Planning Agreement #230262-5-52-01 in the amount of $150,000 for aesthetic improvements to the pedestrian bridge. c=J DENIED j County Attorney . / .?J;- Originating Dept.: II" Finance: Coordination/ Signatures .....Mgt. & Budget: <;1lO mm~ Other: Purchasing: Other: ptJoRl<$ ~ ....., June 8, 2004 Page 2 Subject: SR 701 St. Lucie County Fairgrounds Pedestrian Bridge. In May of this year, this Board approved the submittal of an application for a Transportation Enhancement Grant to provide for added landscaping and irrigation around this new bridge structure. The required local match for this grant application is the $150,000 that we are contributing as part of the enhancement of the bridge structure. Staff recommends that the Board approve Resolution 04-161, authorizing the approval of Local Planning Agreement #230262-5-52-01 in the amount of $150,000 for improvements to the pedestrian bridge at SR 70 and the St. Lucie County Fairgrounds. If you have any questions, please let me know cc: County Administrator County Attorney Public Works Director Planning Manager OMB Director Finance Director Bicycle / Pedestrian Coordinator ~ .." COMMISSION REVIEW: June 15,2004 GROWTH MANAGEMENT DEPARTMENT Administration MEMORANDUM TO: County Commission FROM: Interim Growth Management Director DATE: June 8, 2004 SUBJECT: Authorize the execution of JPA (Joint Participation Agreement - Department of Transportation Locally Funded Agreement #230262-5-52-01) with the Florida Department of Transportation in the amount of $150,000 for enhancements to the planned SR 70/ St. Lucie County Fairgrounds Pedestrian Bridge. As the Board is aware, in July of 2005, the Florida Department of Transportation (FDOT) is scheduled to begin the widening of SR 70 (Okeechobee Road) from west of McCarty Road to west of the County Fairgrounds. This is the first of four phases of construction that will eventually result in the four laning of SR 70 all the way through St. Lucie County. As part of this capacity enhancement project, the State will also be providing for the construction of 12-foot wide, multi-use path along the north side of SR 70 from the Florida Turnpike to the Okeechobee County Line. It is the intention of the County to see that this path is eventually extended into and through Okeechobee County when the roadway is widened there. Part of the SR 70 expansion project includes the construction of a pedestrian crossover bridge at the St. Lucie County Fairgrounds, connecting the multi-use trail on the north side of the road with the planned trailhead facilities on the south side of the roadway. This bridge will provide for a safe pathway for those pedestrians/hikers and bicyclists using this multi-use trail so that they do not have to cross over the actual travel lanes of SR 70. When originally submitted to the County for comments, the designs for the proposed pedestrian bridge were plain and utilitarian. With the new Fairgrounds location and the number of events scheduled for the facility, County staff requested that the FDOT make some adjustments to the bridge that would be more reflective of the area, while still maintaining the minimum safety criteria and cost controls that we have to deal with. FDOT indicated that they would do this, but that any additional construction costs would have to be borne by the County. FDOT has redesigned the structure, and the added cost amounts to approximately $150,000. The County's obligation in this matter is $150,000. Funding for this obligation is available from Road Impact Fees from the western and west/central part of the County. The costs associated with the pedestrian bridge are an eligible expenditure of Road Impact Fee Funds in that the facility is directly related to the widening of the roadway, and if it were not for the widening of the roadway, the facility would not be needed. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 '-" ..." RESOLUTION NO. 04-161 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBUC TRANSPORTATION LOCALLY. FUNDED AGREEMENT (FM. NO. 230262-5-52-01) FOR ENHANCEMENTS TO THE SHARED USE PEDESTRIAN BRIDGE AT S CIE COUNTY FAIRGROUNDS AND AUTHORIZING THEiC....AIRP TO EXECUTE THE AGREEMENT AND FURTHER ~vrHORIZX COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY PPR 6ITiASTO FORM AND CORRECTNESS 1. The Board desires the Florida Dê certain improvements in conne¢fion wit" 5-52-01 for bridge aesthetic·enhanc;;ernenf at the St. Lucie County fqir'9rouncf~; WHEREAS, the Board of County Commissioners .orS following determinations: i~Çounty, Florida, has made the Tran~ ortation (FDOT) to make !ÞAcìnagement (FM) No. 230262- þê shared use pedestrian bridge 2. The Board is willi"g rqprovidef4"di"gifor such additional improvements to the abo.V referenc~9þ...oJect. 3. and approve execution of the Public Transportation d Agr m with the State of Florida Department of Public for the abo e-referenced project. NOW,iTHEREFORE, i'e~>RESOLVED by the Board of County Commissioners of St. Luci~County, Florida: The Boargipereby accepts and approves the Locally Funded Agreement with the ~~aFlorida (FM No. 230262-5-52-01) to provide County funding for certain vements in connection with Financial Management (FM) No. 230262-5-52-01 or bridge aesthetic enhancements to the shared use pedestrian bridge at the St. Lucie County Fairgrounds. 2. The Board hereby authorizes the Chairperson to execute the above-referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ,-,. ...,,¡ After motion and second, the vote on this resolution was as follows: 1 2 3 Chair Paula Lewis Vice-Chairman John D. Bruhn 4 5 6 xx XX XX XX XX Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Cliff Barnes 7 8 PASSED AND DULY ADOPTED this XX day of ATTEST: DEPUTY CLERK 04-161a(H) COMMISSIONERS CQUNTY, FLORIDA AN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 2 '-" ...,¡ FM No: 230262-5-52-01 FEID No: VF-596-000-338 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT THIS AGREEMENT, entered into this_ day of 200_, by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and ST. LUCIE COUNTY, located at 2300 Virginia Avenue Fort Pierce, Florida 34982, hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the DEPARTMENT make certain improvements in connection with Financial Management (FM) No. 230262-5-52-01 for aesthetic enhancements for the shared use pedestrian bridge at the St. Lucie County Fairgrounds, in St. Lucie County, Florida and; WHEREAS, the improvements are in the interest of both the PARTICIPANT and the DEPARTMENT and it would be more practical, expeditious, and economical for the DEPARTMENT to perform such activities; and, WHEREAS, the PARTICIPANT by Resolution No. adopted on ,200_, a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this AGREEMENT. NOW, THEREFORE, in consideration of the mutual benefits to be derived from this locally funded agreement on the PROJECT, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. The DEPARTMENT is undertaking and performing the work on the project. Refer to Scope of Services, Exhibit "A". 2. The DEPARTMENT shall be responsible for assuring that the Project complies with all applicable Federal, State and Local laws, rules, regulations, guidelines and standards. 3. The PARTICIPANT agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the Project available to the DEPARTMENT at no extra cost. 4. The DEPARTMENT shall have the sole responsibility for resolving claims and requests for additional work for the Project. The DEPARTMENT will make best efforts to obtain the PARTICIPANT input in its decisions. 5. The total project cost for the work described in Exhibit "A", Scope of Services, is estimated to be ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00). The PARTICIPANT will pay a one time Lump Sum payment of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) to the DEPARTMENT, for the cost of described enhancements. In the event the total project cost of the project is less than the funds provided the excess will be applied to 1 of 4 '-' .,; other phases on the project. In the event the cost of construction exceeds the ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00), the DEPARTMENT will be responsible for the overruns in cost. The PARTICIPANT agrees that it will, within thirty (30) days of execution of this AGREEMENT, furnish the DEPARTMENT with a check in the amount of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) towards the Project Costs. Remittance shall be made payable to the Department of Transportation. Payment shall be clearly marked to indicate that it is to be applied to FM project No. 230262-5- 52-01. The DEPARTMENT shall utilize this deposit for payment of the cost of project 230262- 5-52-01. Payment shall be mailed to: Florida Department of Transportation Professional Services Unit- Attention: Leos A. Kennedy, Jr. 3400 W. Commercial Boulevard Fort Lauderdale, Florida 33309-3421 6. In the event it becomes necessary for the DEPARTMENT or the COUNTY to institute suit for the enforcement of the provisions of the Aareement. each shall pay their own attorney fees and court costs. 7. Should the DEPARTMENT and the PARTICIPANT decide to proceed with subsequent phases of the Project, the AGREEMENT may be amended to identify the respective responsibilities and the financial arrangements between the parties. However, due to the lump sum nature of this particular project, any additional work that requires an additional deposit of funds will also be a non-refundable lump sum payment. 8. This AGREEMENT and any interest herein shall not be assigned, transferred or otherwise encumbered by the PARTICIPANT under any circumstances without the prior written consent of the DEPARTMENT. However, this AGREEMENT shall run to the DEPARTMENT and its successors. 9. Except as otherwise set forth herein, this AGREEMENT shall continue in effect and be binding to both the PARTICIPANT and the DEPARTMENT until the Project is completed as evidenced by the written acceptance of the DEPARTMENT. 10. The PARTICIPANT warrants that it has not employed or obtained any company or person, other than bona fide employees of the PARTICIPANT, to solicit or secure this AGREEMENT, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the PARTICIPANT. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the AGREEMENT without liability. 20f4 ~ ....I 11. To the extent allowed by the Laws of Florida, the PARTICIPANT hereby agrees to indemnify, defend, save, and hold harmless the DEPARTMENT from all claims, demands liabilities, and suits of any nature arising out of, because of, or due to any intentional and/or negligent act or occurrence, omission, or commission of the PARTICIPANT, its agents, contractors, subcontractors, consultants, and/or employees, arising out of this contract or the work which is the subject hereof. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. 12. This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida. 13. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 14. Any or all notices (except invoices) given or required under this AGREEMENT shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: Ifto the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Leos A. Kennedy, Jr. With a copy to: Henry Oaikhena A second copy to: District General Counsel If to the PARTICIPANT: St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attn: Dennis Murphy Strategy & Special Projects Director With a copy to: Attorney & Randy Stevenson, Interim Growth Manaaement Director 3 of 4 "-' -..,,¡ IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Agreement by Resolution No. . Hereto attached. ST. LUCIE COUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: NAME: TITLE: BY: ROSIEL YN QUIROZ DIRECTOR OF TRANSPORTATION SU PPORT ATTEST: APPROVED: (AS TO FORM) COUNTY CLERK (SEAL) BY: DISTRICT GENERAL COUNSEL APPROVED: APPROVED: BY: COUNTY ATTORNEY BY: PROFESSIONAL SERVICES ADMINISTRATOR 40f4 - - \ , \wr. """ Agenda Request Item Number Date: c- 1-/6 June 15,2004 Consent Regular Public Presentation Leg. [ [ X] [ ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Interim Growth Management Director SUBJECT: Project Pines - Resolution 04-175 - Qualified Target Industry Tax Refund Program (OTI) BACKGROUND: Attached is a draft of Project Pines Qualified Target Industry Tax Refund Program (OTI), Resolution 04-175, for Board consideration to approve Project Pines for the OTI. Project Pines has obtained confidentiality under FL Statute 288.075 for economic development purposes. Project Pines is applying for the Qualified Target Industry (OTI) Tax Refund. The State's application requirements include a resolution in support of the company identifying a 20% local match. St. Lucie County will conduct a public hearing for the purpose of considering adoption of an ordinance granting an ad valorem tax abatement to Project Pines in the amount of $1,400,000 as local participation in the Qualified Targeted Industry Tax Refund Program at a later date. This abatement is not recoverable and may not be pursued under any payback upon termination of agreement. FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: N/A N/A Staff recommends that the Board approve the QTI, Resolution 04-175, and authorize the Chairman to sign the resolution. 00 APPROVED c=J OTHER Approved 5-0 D DENIED COMMISSION ACTION: / County Attorney Originating Dept.: Finance: 9,,' ~/a-- Coordination/ Signatures ""'Mgt. & Budget: ~b? Other: Purchasing: Other: - \....f ...." , COMMISSION REVIEW: June 15, 2004 GROWTH MANAGEMENT Tourism and Economic Development Division MEMORANDUM TO: County Commission FROM: Growth Management, Interim Director DATE: June 8, 2004 SUBJECT: Project Pines - Resolution 04-175 - Qualified Target Industry Tax Refund Program (QTI) Attached is a draft of Project Pines Qualified Target Industry Tax Refund Program (QTI), Resolution 04-175, for Board consideration to approve Project Pines for the QTI. Project Pines has obtained confidentiality under FL Statute 288.075 for economic development purposes. Project Pines is applying for the Qualified Target Industry (QTI) Tax Refund. The State's application requirements include a resolution in support of the company identifying a 20% local match. St. Lucie County will conduct a public hearing for the purpose of considering adoption of an ordinance granting an ad valorem tax abatement to Project Pines in the amount of $1,400,000 as local participation in the Qualified Targeted Industry Tax Refund Program at a later date. This abatement is not recoverable and may not be pursued under any payback upon termination of agreement. Staff recommends that the Board approve the QTI, Resolution 04-175, and authorize the Chairman to sign the resolution. e son, Interim Director anagement VS Attachment Cc: County Administrator County Attorney .. . '-" 'twill QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM RESOLUTION 04-175 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA FINDING THAT PROJECT PINES, BE APPROVED AS A QUALIFIED APPLICANT PURSUANT TO S.288.106, FLORIDA STATUTES; AND PROVIDING AN APPROPRIATION OF ONE MILLION FOUR HUNDRED THOUSAND AND 0/100 ($1,400,000) DOLLARS OF AD VALOREM TAX ABATEMENT AS LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA, as follows: WHEREAS, the business under consideration is a manufacturer, specifically, Project Pines; and WHEREAS, Project Pines will be located in S1. Lucie County and WHEREAS, Project Pines will have a capital investment of $33 million in their new facility in S1. Lucie County, and will employ 1,200 people; and WHEREAS, the jobs provided by Project Pines have an average salary that is 115% of the County's average hourly wage; and WHEREAS, S1. Lucie County will conduct a public hearing for the purpose of considering adoption of an ordinance granting an ad valorem tax abatement to Project Pines in the amount of $1,400,000 as local participation in the Qualified Targeted Industry Tax Refund Program. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA that the Board hereby recommends Project Pines be approved as a Qualified Target Industry Business pursuant to S.288-1 06, Florida Statutes. '. '"' ...." " ' . BE IT FURTHER RESOLVED that subject to the adoption of an ordinance granting an ad valorem tax abatement to Project Pines the necessary commitment of local financial support for the Qualified Target industry Business for the Qualified Target Industry Tax Refund Program exists in the amount of $1,400,000; that this amount will be available consistent with the guidelines set forth by the Office of Tourism, Trade and Economic Development and will be paid to the Florida Economic Development Trust Fund with the stipulation that these funds are intended to represent the "local participation" required by S. 288.106, Florida Statutes. This resolution shall take effect immediately upon its adoption. DULY ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA this 15th day of June, 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: By: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: By: County Attorney I'\.. " ~ '-' "'WI /) 11·.-' ,--... I (::, Agenda Request Item Number: MeetinQ Date: June 15, 2004 Consent Regular Public Hearing Leg. [ ] [X ] [ ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Growth Management Dept. SUBJECT: BACKGROUND: Raptor II Plat - Final Plat Review On May 6, 2004, the Interim Growth Management Director approved CD Order 04-009, which granted Minor Site Plan approval for a 4-lot subdivision on 36.38 acres of land to be known as Raptor II Subdivision. This parcel is located on the west side of Header Canal Road, approximately 1125 feet south of the intersection of Orange Avenue Extension and Header Canal Road. There are no subdivision improvements associated with this project. FUNDS AVAILABLE: PREVIOUS ACTION: N/A RECOMMENDATION: On October 28, 2003, the Board of County Commissioners approved a waiver of the Environmental Report for this Subdivision. Staff recommends that the Board approve the final plat for the subdivision to be known as Raptor 1/ Subdivision, and authorize staff to proceed with its final processing. COMMISSION ACTION: ~ APPROVED D DENIED C:=J OTHER Approved 5-0 CONCURRENCE: ~(2~ County Administrator Coordination/ Signatures iCounty Attorney ~CJJ::/ Mgt. & Budget: Finance.: Fire Dept: /Environ. Resource~ Utility: Purchasing: Public Works: Engineering: '-" """" COMMISSION REVIEW: June 15, 2004 GROWTH MANAGEMENT DEPARTMENT (Planning Division) MEMORANDUM TO: County Commission FROM: Randy Stevenson, Interim Growth Management Director DATE: June 8, 2004 SUBJECT: Consider Final Record Plat approval for the Raptor II Subdivision On May 6,2004, the Interim Growth Management Director approved CD Order 04-009, which granted Minor Site Plan approval for a 4-lot subdivision on 36.38 acres of land to be known as Raptor II Subdivision. This parcel is located on the west side of Header Canal Road, approximately 1125 feet south of the intersection of Orange Avenue Extension and Header Canal Road. There are no subdivision improvements associated with this project. On October 28, 2003, the Board of County Commissioners approved a waiver to the Environmental Impact Report. Staff recommends that the Board approve the Final Plat for Raptor II Subdivision and authorize staff to complete the final processing of this Plat. cs H :/wp/projects/projects/Raptor II/approals/plat/bccmemo. cc: County Administrator County Attorney ; è~~ ~~~~~~) ~ 0~~'~ ~~~!",~;-r¡ ~-~} ;~; ~:.~~~ ~~,O,~ ~~~::i~ "'r.;..~ rJï("~::JII{ :.:2~ ~~!i; I'.~<.:!~ ~~~! .. ~~"i:J I g r,¡~~; . ¡ ~~~~ ~ ]I ,< ~ ~~ I " ___.---J ~. ~. ~~ r-~ ~1 <~ ~~~ Q 1 ..1'- -cO ~>'" f~ i~ . 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" !:.J ',;¡~ ~~~~~ ; F9 Qi~~ ~iG ~~~ ~~:(~c: ir~ ~> ~:ï: ~ E 3"0 t- " r~ f:;~; Iii ..~ 2~~ ~'·r~ \1i~ y,,,, ¡~š , ~~; ~~~~ í ~"O , I'"!i¡. ~~~ ~~'ì~ ~ ~ ~~ t ;.~ ~~~ "-< 1-'~ ~~¡~ M v; u I" § ¥~"'~ z M'" ~5~ r~ ø ~. r~ - _c:;;f~,'1 ~~~ ~~~~ ~~~ to",'"' :1 þ,J1";Þr OJ ~':;~ ~..,...;¡: ~ ~i~'" >?:?r: ~*~~ w ~ ~ ~ 5 ~9 ~¡..~ ':;'~ r-:> ~~~ , ~ '"'' ~ ::f!~ Z i ~ .,'" ~,,~ L_____ ~ ~~ " '" ~~¡S~ () !'I'I .J; i8!:~ ¿ ~ ~j \~ , - ,. \..If '-II (:'Lj~ June 15, 2004 Agenda Request Item Number: MeetinQ Date: Consent Regular Public Hearing Le [ ] [X ] [ ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Growth Management Dept. SUBJECT: Consider approving a Replat of "Parcel 21 @ The Reserve (Briarcliff)" BACKGROUND: On May 11, 2004, the Growth Management Department approved a Minor Adjustment to the approved Parcel 21 @ the Reserve (Briarcliff) PUD plan for the following modifications: shift the 30-foot access road adjacent to Parcel 22 and 24, four feet to the west; increase the lot width of parcel 24 by four feet and realign the lot line between Lots 22 and 23. Parcel 21 is located on the west side of Legends Drive, south of The Laurels (Parcel 15A) and north of the Enclave (Parcel 17). This development parcel includes 33 single-family lots. On April 6, 2004, the Board of County Commissioners approved a plat for the Parcel 21 @ the Reserve PUD plan as part of the approval the Board approved an Irrevocable Letter of Credit in the amount of $595,000.00 for the subdivision improvements. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On April 6, 2004, the BOCC approved the plat for Parcel 21 @ the Reserve and an Irrevocable Letter of Credit in the amount of $595,000.00. RECOMMENDATION: Staff recommends that the Board approve the Replat of "Parcel 21 @ The Reserve (Briarcliff)" and authorize staff to complete the final processing of this Plat. COMMISSION ACTION: [X] APPROVED D DENIED c=J OTHER Approved 5-0 CONCURRENCE: I-~ Douglas M. Anderson County Administrator Coordination/ Signatures ,/ County Attorney -J;1. Mgt. & Budget: Finance.: Fire Dept: JEnviron. Resources~UtilitY: Purchasing: Public Works: Engineering: ¡. '-" ...." , . 'j ~ ~·I·.-C'_ .:'.-~'" . COUNTY.,....... FLORIDA..... ~ COMMISSION REVIEW: June 15, 2004 GROWTH MANAGEMENT DEPARTMENT (Planning Division) MEMORANDUM TO: County Commission FROM: Randy Stevenson, Interim Growth Management Director DATE: June 8,2004 SUBJECT: Consider a Replat for "Parcel 21 @ The Reserve (Briarcliff) On May 11, 2004, the Growth Management Department approved a Minor Adjustment to the approved Parcel 21 @ the Reserve (Briarcliff) PUD plan for the following modifications: shift the 30-foot access road adjacent to Parcel 22 and 24, four feet to the west; increase the lot width of parcel 24 by four feet and realign the lot line between Lots 22 and 23. Parcel 21 is located on the west side of Legends Drive, south of The Laurels (Parcel 15A) and north of the Enclave (Parcel 17). This development parcel includes 33 single-family lots. On April 6, 2004, the Board of County Commissioners approved a plat for the Parcel 21 @ the Reserve PUD plan as part of the approval the Board approved an Irrevocable Letter of Credit in the amount of $595,000.00 for the subdivision improvements. Staff recommends that the Board approve the Re-plat for "Parcel 21 @ the Reserve (Briarcliff)" and authorize staff to complete the final processing of this Plat. If you have any questions, please let us know. cs H :/wp/projects/projects/Reserve/Parcel 21/5/1/04 adjustmetn/PlaVbccmemo. cc: County Administrator County Attorney - ~ tJI » ~!!! ::c ~~ () ,,>r >~- 6~" " ~~ E " £~~ » "OtJI> c.> C" ---I 0)00 -, ~ ~ ~ ..,., cO- u ~OOZ ° :x: ;:n r"\ - 0 0 \,1,1 ~~~ 0» ~,,~ men>' > c.>:-I~ " COrr <s: ~c- '-i cnQ~ rO ~m» " enO'-i ç: ~O" rCG> § ~ >- r"\ ñi- S \,1,1 85~m. ~~~ I ~~~::c " ,<;:n m 5zm ;:n Q 0 ..,., __0 u cz;:n S; »cnC mm § ~Iil~~i ~ ~ ~ --I . d;~~ ~ ~ " i.r:~-I ~ en s: z ~!~;I:~ ~ ~ '-i 0 .¡i"!1 ::j ° !i§I~~ ~ ~ ......). I~~a~- 'V I~!i;! 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I¡ a i¡~g h II lIIil¡j I 1~lili I.~ i !II!~ jlir¡ Ir¡~ 00 OlIO om Pi! ;¡:;U iS~~ . ; I ~~ hoo ~Ii ~~ K~ ~:II ft ~~ .,.~ ~j!: ~u !!!~ 00 1 I -." J~ h ~ Iii R§ å ilt !I;U Ii ~III i ~; - ~5 . R~ I: Ij 8 ~ Ij¡:~ ~!;1 Ir¡~: 8 !;1 _I: § ~ i 8!;1 r¡i r¡r¡ ~ r¡ !I' ~ ~ ' ~m ~ ~ i!i ~::j ~ ~ ~ §S ~ ~ i~8 ""." !ì ~." 9 -<:!! .. ~:!! s§ :1 00 ~¡I ~ ~ ~~§ (J) ~ '"!!I§ ~ £ i!i ~ £ la ~ I: 'i~ Q ñI ì:la!ii ñI a Q m 9 '-i ~ I ~ :;;1 g ~ ~i¡ ~ ~ ~~ ~ ~ I ~ ~ II I ~ ¡;~Iï::¡ ~ ~h 0 ~ ¡i ~ ~ '" ~ ~ Jr¡~ ~ §~r¡i 8 ;g ~!I ;u ;g i!~:II a;ö =i ~ ·IK¡~ ~ 0 i 0 -I ~ a 0 R; ~:¡ '~Iii& '-i ~ :1\ ~ ~ ~ i~ ~ :1 · ~ ~I II ~ Ii ¡¡¡Ii ii j! ~ II ill ïi ~ II ¡I ! it !~ ¡ ~I ¡ Ii ¡ , ii~iR U I \ ¡J ®® OJ ::c -. '- i "~.Ð"'lí ~--cJ'l D I J I "1111111 .~e Bìii H n II U Èi ~¡: ~I , ~Î Hi !í ii ~ i IP! I: Ii Pi 15 i51 q~ I ai ~ I iI; i J IIi ¡¡ I - ~ ~ i ~ ~ i! o ~ I ~ ....", II ~~ - ... J. .~ 'I ~ ~- .~ . <: z " ~ ~ ~ .. ., NOO'2II'4I"[ I OJ ;c - œ » 8 ffi ;c ^Z () ....G') ~>r ~~- -I G') "tJ ." ~~ ~ ." cn"tJO » :I:CT! 'õ !!! > --.J ~õ~ -. f3~~ -c ~8~~ ~~o \,IJ ~cnT!. z~æ »> ~~~ .<~ Co). 0 þ> corc -I mCT! -0 ~QT! r"TI --Im~ r cno"tJ » :-Igi;) r Z ). ,....,. ~::c!. u, ~~~m o0G') I ~~m _::c!~~ ;c "TI -< ÃI m r-m ~~8 -c ÕZÃlç: >cnc m~ ~ - --.J -z -. O"tJ Zs: Z cn-l ~ 0 § :i = I : 6 : ,: ... I : Iii I f¡' ~--- ---------¡ t 'õ I : ~ I : 11 , : -- -- . ------1 I I , , <: z " ~ ~ .. ., <: z " r ~ ~ ~ '" ., ., ~ '" n .. r ~ ~~ ~ 1:.- " ~~ r- ä~ \ ::~ \ .. i / I, '; , ~ I ,. ' -~ "- x \ -~C;Iv.'--. - _ ~ " /"--.-~~V::--- À ,----- "''''---Z --'J --~--- , ~ ~ ~- -- --- i..... .. '-' ..."" /] 1/- C/, f (; Agenda Request Item Number: MeetinQ Date: June 15, 2004 SUBJECT: Consider approving a Replat of "Parcel 23 @ The Reserve (Maidstone)" Consent Regular Public Hearing Leg. [ ] To: Submitted By: Board of County Commissioners Growth Management Dept. BACKGROUND: On March 11, 2004, the Growth Management Department approved a Minor Adjustment to the approved Parcel 23 @ the Reserve (Maidstone) PUD plan to extend Lot 69 to the back of the sidewalk. Parcel 23 is located along the east side of Legends Drive, directly across from Parcel 15A @ the Reserve (The Laurels). This phase of development includes 169 single-family lots. On December 16, 2003, the Board of County Commissioners approved a plat for the Parcel 23 @ the Reserve PUD plan as part of the approval the Board approved an Irrevocable Letter of Credit in the amount of $2,169,382.00 for the subdivision improvements. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On December 16, 2003, the BOCC approved the plat for Parcel 23 @ the Reserve and an Irrevocable Letter of Credit in the amount of $2,169,382.00. RECOMMENDATION: Staff recommends that the Board approve the Replat of "Parcel 23 @ The Reserve (Maidstone)" and authorize staff to complete the final processing of this Plat. COMMISSION ACTION: OCJ APPROVED D DENIED c=J OTHER Approved 5-0 ;:ø::r Dóuglas M. Anderson County Administrator Coordination/ Signatures \/ County Attorney ~/ .. Mgt. & Budget: Finance.: Fire Dept: /'Ênviron. Resource~Utility: Purchasing: Public Works: Engineering: 'i . '-' ....., COMMISSION REVIEW: June 15,2004 GROWTH MANAGEMENT DEPARTMENT (Planning Division) MEMORANDUM TO: County Commission FROM: Randy Stevenson, Interim Growth Management Director DATE: June 8,2004 SUBJECT: Consider a Replat for "Parcel 23 @ The Reserve (Maidstone) On March 11, 2004, the Growth Management Department approved a Minor Adjustment to the approved Parcel 23 @ the Reserve (Maidstone) PUD plans to extend Lot 69 to the back of the sidewalk. Parcel 23 is located along the east side of Legends Drive, directly across from Parcel15A @ the Reserve (The Laurels). This phase of development includes 169 single-family lots. On December 16, 2003, the Board of County Commissioners approved a plat for the Parcel 23 @ the Reserve PUD plan as part of the approval the Board approved an Irrevocable Letter of Credit in the amount of $2,169,382.00 for the subdivision improvements. Staff recommends that the Board approve the Replat for "Parcel 23 @ the Reserve (Maidstone)" and authorize staff to complete the final processing of this Plat. If you have any questions, please let us know. cs H:/wp/projects/projects/Reserve/Parcel 23/12.16.03 adjustmenVPlatlbccmemo. cc: County Administrator County Attorney "i '-' ...." firã ¡I lll:113 ~ Iª rr I il! I~ ; d ." .~e&i 1 ~ ~If~~ ~i S? p IIf <!! ~ :r§~ ' ~! !::J ~ !'I § ~ ¡;~ '"' I~ ~ ~ ; ~ pi I Õ .. Z :rfji~ ¡ ~ ¡I ~ n;~ Ä~;ØI : I ~~ a· ~ Ii ~~I ~~!I:r m ¡1i i~i¡~ íJ~ç'i 8 'I ¡i ¡~ Ii . ë ~rl ~ =~~j ~ i! 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(.> om" " ø¡¡ i'- I ji '~Iii1¡1I ,,0) ffi 0 -i Ii 'II~ \I II~ 5enoO:rm ¡I!¡I c¡ ~p. ~d :~II! o o"m i i ~ C c.þ."tJ "1J ~ Illi 8 o-i Z(.» ..1111 J~I ~I &j' ~~ ii;. >.:r ~ ~ -i s;: ¡ j§ II U II ~- G)O ~ Z "m" G)5~~-I m::o~ (.> i5 i5 Z CD> en ~ -i 0 en 0 -i ~ . ~i: 1° ~ ~ I: I~I§ ! lifl P ~ 1I~:18~ i18~ III~ro g;u ii1- om II!~ !II~ I~; ~ ~ ~~~ ; ~;u 1IIIIIIz IZ::J ~ ~g I~ ~i ~ i~8 ~::!J "II ~S? ~:!! ".~::!J II~~I ~ ~ iSn'~ñ1 &¡¡m S? I~£ p~~ r'~ !I ~ñ1 ii1;IJ .~~ ii~ <0 i zO , om I ! ~ ;!! m"l1 I ;uO ! °0 II: ~ i z'" ~Ii ~ ~ . i ~ 16! ~ ~ ·i!ll~ & ~~ ~ JII~ ~ I ~I 0 ~ I~ ~ ~ 0'11 i c;U rH a ;u I~ ~;u 'I ~i > . ~ ;u 0 i I! ~ i ~ ~o n Ij~, ~ ~ï JII15;¡ -t ~ ~~ ¡I .~ ~~ &~ ;j;; iiif~ I Ii ~ Ii ¡¡¡Ii ~ il ~ !'II "11 t ~ it ~... I II i ;, !I II .¡¡ d !!lii i !i g . p i d í !I ;u II I~ iiJ;' II i "i!'! I ii1~ ~I ¡Iii I "I i 1;11 I :1 I i¡~! U ; , I .. .~ § ~~ & I~ (0 f CD 0 - ¡IN ; .. ....." 0: Xlt"J lAfM.... ~Þl;~ Ð... i I I r I t I I f!5 mmn· ~_¡;¡Ba ~.Rc ~e ~~~ ~;..I ~ II ~ ~ i I '" !II ~ 51 ~ ~ r \I! LI ~ n~ ~ & ~III li d: ë1 PI ! ~ : !I i Ii ~ Ii ~ ïl ... I I , \ Y \ - /~ § 'y./ ~) \ ., ./' / ~~~(\Ò ~~~ ~~\'^ .....- /'" ~ '--- !; '" .. \ / _/- .-- ~ - ~ /.::\1.-- ,,'-'\- \- ~ t5t\~ " \ \~ ~ \ I \ f ~~ ¡ ~"O a¡ I :JD ___ i--?-<- ,e;: _ : ¡ :1- \ ;-- -- - ~ ~ ---~-- , \ i -t-¡ \ ! I Jlr;~ i~§ IiI h ~I i. h i!i Iii !~ '..,¡J \ " , - 1------ /' /' /' I I \~ \ !; \ \ - , I r-- I I j i I r ~ fflS: z Z» G)"tJ G)_ -e »0 z m ~ en C»m m ° en "tJ C/) ~:;U~>-I - mm-l eno080Q :-i~ ~~" ENCC»Z 0:'" en ~"tJ mO ~-~ m> oS Z-¡ "tJ oz ~"tJõ I > een. >z -t z;; E-Io-no :<"tJ 0 ID" oAJ"T1 ~~ mg~ m 5~8"'m-n ~c e ~"tJ u ~~~"-u~r ~ - ~ 0 » > "m" ~5=~-I m:;u _ wõ Cz CD» ~ ~ 00 en z. -I m --'- iÎ~:I~ it ~ ".... is:Þ> ¡;¡ . .... ---,. ~ -.-. -- ~ AGENDA REQUEST ITEM NO~.5 A Date: June 15, 2004 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Vitolo Family Park - Corrective Quit Claim Deeds BACKGROUND: See c.A. No. 04-862 FUNDS A V AIL. (State type & No. of transaction or N/A): N/A RECOMMENDA nON: Staff recommends that the Board of County Commissioners approve the quit claim deed to Lynnore Moss and Herbert S. Garten and accept the quit claim deed from Ms. Moss and Mr. Garten correcting the legal description in the original deed. ~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Doug~Q~ County Administrator COMMISSION ACTION: County Attorney: fJ;y'c Coo rd ina tion/Silmatures Mgt & Budget: Purchasing: Other: Other: Originating Dept: Finance (Check for Copy only, if applicable): - . ~ ~- ~ '-" ...., . , INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 04-862 DATE: June 7, 2004 SUBJECT: Vitolo Family Park - Corrective Quit Claim Deeds BACKGROUND: On Octoberl, 2003, the Board of County Commissioners approved a proposed settlement agreement in the quiet title suit filed by Lynnore Moss and Herbert Garten regarding the southern tip of the Vitolo Family Park on South Hutchinson Island. The settlement agreement included acceptance of a quit claim deed from Ms. Moss and Mr. Garten conveying any title they might have had in the subject property to the County. It has subsequently been determined that the legal description in that deed contained a typographical error. Attached to this memorandum are copies of a quit claim deed from the County to Ms. Moss and Mr. Garten reconveying the property identified in the original quit claim deed and a second quit claim deed from Ms. Moss and Mr. Garten with the corrected legal description. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the quit claim deed to Lynnore Moss and Herbert S. Garten and accept the quit claim deed from Ms. Moss and Mr. Garten with the corrected legal description. Respectfully submitted, ,~~ Heather Young Assistant County Attorney Attachments HY/ Copies to: County Administrator Mosquito Control Director Property Acquisitions Manager Deputy Clerk Press/Public 1 . '-' ~ i ~ This instrument prepared without benefit of examination of title by: Heather Young, Assistant County Attorney S1. Lucie County 2300, Virginia Avenue Fort Pierce, FL 34982 Florida Bar No. 0563110 QUIT -CLAIM DEED THIS QUIT-CLAIM DEED, made this _ day of ,2004, by ST. LUCIE COUNTY, a political subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, Florida 34982 ("Grantor") to LYNNORE MOSS, an unremarried widow, 36 S. Charles Street, Suite 2300, Baltimore, MD 21201, and HERBERT S. GARTEN, a married man, 36 S. Charles Street, Suite 2300, Baltimore, MD 21201, ("Grantees"): WITNESSETH, that the Grantor, for and in consideration of the sum of$10.00, in hand paid by the Grantees, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the Grantees forever, all the right, title, interest, claim and demand which the Grantor have in and to the following described non-homestead lot, piece or parcel of land, situate, lying and being in the County of S1. Lucie, State of Florida, to-wit: All that portion of Government Lots 3 and 4 in Section 30, Township 35 South, Range 41 East, S1. Lucie County, Florida, lying south of the following described line: For a Point of Reference, start at the intersection of the East line of said Section 30 with the Southwesterly right-of-way line of a 100 foot wide right-of-way for State Road A-I-A, run thence South 00°08'10", East along the East line of said Section 30, a distance of 72.00 to the POINT OF BEGINNING;-.thence run North 80°24'48" West, a distance of 655 feet; thence run South 74°2 ¡"'36" West, a distance of 1110 feet, more or less, to the waters of the Indian River and the end of the herein described line. This property is vacant land and is not now nor has it ever been the homestead of the Grantor. TO HAVE AND TO HOLD the same together with all and singular appurtenances thereto belonging or in anyway appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantees forever. Page 1 of 3 .... '-' ....,.¡ IN 'WITNESS WlIEREOF the undersigned Grantor have hereunto set their hands and seals , this _ day of __,2004. Sign~d, sealed, and delivered in our presence as witnesses: Grantor: St. Lucie County, a political subdivision of the State of Florida By: Print: Paula A. Lewis, Chairman Board of County Commissioners Attest: Print: Millie Delgado Deputy Clerk STATE OF COUNTY OF The foregoing instrument Was acknowledged before me this day of , 2004, by Paula A. Lewis. Said person (Check one) is personally known to me, _ produced a driver's license (issued by a state of the United States within the last five (5) years as identification, or produced other identification, to wit Notary Public, State of Typed or Printed Name of Notary Commission No.: My Commission expires: Page 2 of 3 ,-,. ~ Page 3 of 3 -- -- -- -- '-' ~ This instrument prepared without benefit of examination of title by: Heather Young, Assistant County Attorney S1. Lucie County 2300 V irginia Avenue Fort Pierce, FL 34982 Florida Bar No. 0563110 QUIT-CLAIM DEED THIS QUIT-CLAIM DEED, made this2B~ day ofM~ ,2004, by LYNNORE MOSS, an unremarried widow, 36 S. Charles Street, Suite 230 , BaltImore, MD 21201, and HERBERT S. GARTEN, a married man, 36 S. Charles Street, Suite 2300, Baltimore, MD 21201, ("Grantors"), to ST. LUCIE COUNTY, a political subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, Florida 34982 ("Grantee"): WITNESSETH, that the Grantors, for and in consideration of the sum of$10.00, in hand paid by the Grantee, the receipt whereof is hereby acknowledged, do hereby remise, release and quit- claim unto the Grantee forever, all the right, title, interest, claim and demand which the Grantors have in and to the following described non-homestead lot, piece or parcel of land, situate, lying and being in the County of S1. Lucie, State of Florida, to-wit: All that portion of Government Lots 3 and 4 in Section 30, Township 35 South, Range 41 East, S1. Lucie County, Florida, lying south ofthe following described line: Commence at the intersection of the East line of Section 30 and the Westerly right of way line of SR A-1-A (100' RJW); Thence S 0008'10" E along the East line of said Section 30 a distance of725' more or less to a point on the Government Meander line of the official government survey of Fractional Sections 6,7,18,19,20,29,30 and 32, Township 35 South, Range 41 East, approved and accepted on March 10, 1888; Thence N 80 24'48" W along said Government Meander Line a distance of 655' feet; Thence S 7421'36" W along said Government Meander Line a distance of 1110' feet more or less to the waters ofthe Indian River and the end ofthe herein described line. This property is vacant land and is not now nor has it ever been the homestead of the Grantors. TO HAVE AND TO HOLD the same together with all and singular appurtenances thereto belonging or in anyway appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the Grantors, either in law or equity, to the only proper use, benefit and behoof of the Grantee forever. Page I of 3 -- - '-" --- -- --' IN WITNESS WHEREOF, the undersigned Grantors have hereunto set their hands and seals this _ day of , 2004. Signed, sealed, and delivered in our presence as witnesses: p~ ¡(j~ Print:~+ '(' \ '- \ v... tJ6 ~ ~ l. G~~ Print: L4vJ~(;;-fl,tC~- .~, CAlt.-f-eV1 Grantor: X t_ By: ~.n-c- /IJ ~ ORE MOSS STATE OF fV\/hL V L,JrN () COUNTY OF \~~n 1.4\.0 &A.-t: The foregoing instrument was acknowledged be~ me this d-;? day of ~ ' 2004, by Lynnore Moss. Said person (Check one) is personally known to me, _ produced a driver's license (issued by a state of the United States within the last five (5) years as identification, or produced other identification, to wit ~ L.-/L-A-- Page 2 of 3 Notary Public, State of fr.../rK-'i ~ L- frvvvt.-etvCF '^- . C !Jr.-n..12!"1\J Typed or Printed Name of Notary Commission No.: 1~ My Commission expires: fiJI' /, '1 The foregoing instrument was acknowledged before me thisdP"11f day of ¡JJ¡µ¡ , 2004, by Herbert S. Garten. Said person (Check one) X. is personally known to me, _ produced . a driver's license (issued by astate of the United States within the last five (5) years as identification, or produced other identification, to wit I ¡//Iv',( -rlk/Þ¡r . \\\\\1 I II II II Itlll \\\\\:.., \<.. MAc{ 111111 ,,\ :\ \ ......... --~ "", , , \>- ..' v p '. r ~ '\ .$' ~ ..,,,"~ 1 US'" ~, ~ ....~f"~ <'/:-.. S \ "·0 ""'. -' g:,~ MY '-' ": ~ ~ ~ COMMISSION ~ a ~ ~~.... EXPIRES .... ~g ......"f.,~,:.... 01/16'06....~ '$ '. \'... ". ,.' . '" " ", -7ft. ......... OV ", "". UNDEL G "\,, '....., q ~1 t\\\\\\\ - ~ Signed, sealed, and delivered in our resence as witnesses: Print: Po.. +1"'; c ~ Q ß, WI' iaì'Y15 já&'~7* Print:þ,tTfI k.)v¡ ¡:jL$ STATE OF /fJ/JiJijUVíð COUNTY OF A-t1f¡if(Ç ¡;bðJI~ë.- ~ -- ...., Grantor: By: I -L--Lr 0. ~ HERBERT S. GART N . Page 3 of 3 Notary Public, State of/Î/4Bt/WA4 -pA>tr¡ I{. /Jt A-lJ~ Typed or Printed Name of Notary Commission No.: My Commission expires: J /¡(p Øi/7 I , ----, ~ '-- ....", " AGENDA REQUEST ITEM NO. C5B DATE: June 15, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Temporary Easement Ferrick - Tax I.D. No. 3403-502-0085-000/6 - Parcel 702 BACKGROUND: Please see attached memorandum FUNDS AVAILABLE: Funds are available in 101006-4116-561007-4108 (Transportation Trust/Impact R/W) and 101006-4116-561002-4108 (Transportation Trust/Impact Abstract/Title) PREVIOUS ACTION: September 12, 2000 - Board of County Commissioners approved Joint Participation Agreement with FDOT to reimburse, design and construct the South 25th Street widening. RECOMMENDATION: Staff recommends that the Board approve the Purchase Agreement with John and Patricia Ferrick in the amount of ONE HUNDRED and no/100 DOLLARS ($100.00) as shown on the attached sketch and legal description, authorize the Chairman to execute the Temporary Construction Easement Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. IX! APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 CONCURRENCE: ?(J~ Douglas Anderson County Administrator COMMISSION ACTION: [XX] County Attorney: ~~/. Review and Approvals [XX] Public Works Directo~' [ ] Road & Bridge: [XX] County Engineer: MVÞ [XX] Originating Dept,: jf\\1..- [ ]OMB: Finance: (Check for Copy only. if applicable) Eff, 5/96 G: \ACQ\ WP\J oAnn \25th Street\Ferrick\Agendo Request,wpd ~ ~ ; INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY I FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: June 15, 2004 SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road Temporary Easement Ferrick - Tax I.D. No. 3403-502-0085-000/6 - Parcel 702 BACKGROUND: As part of the Joint Participation Agreement between St. Lucie County and the Florida Department of Transportation (Department), the County agreed to acquire the necessary right-of-way for the South 25th Street Roadway Widening project in accordance with the Department's right-of-way acquisition procedures. On August 22, 2003, an offer was made to the owners for a Temporary Easement in the amount of $100.00, which was based on the approved value finding report prepared by Brian Mekarski, the County's Right-of-Way Consultant. The report was reviewed and approved by Daniel D. Fuller, MAr, as required by the Department's procedures. The purpose of the Easement is for tying in and harmonizing the existing driveway with the new road improvements. Parcel 702 consists of an area of 224 square feet. There are no improvements within the Easement area. The Ferrick's have agreed to accept the County's offer for the Temporary Easement at the offer amount of $100.00. ~ .""" ; Page 2 Ferrick - Tax LD. No. 3403-502-0085-000/6 - Parcel 702 RECOMMENDA TION: Staff recommends that the Board approve the Purchase Agreement with John and Patricia Ferrick in the amount of ONE HUNDRED and no/100 DOLLARS ($100.00) as shown on the attached sketch and legal description, authorize the Chairman to execute the Temporary Construction Easement Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. G:\ACQ\WP\JoAnn\25th Street\Ferrick\Agenda Memo,wpd ~ "-ttI SEE S z L() o "- . ,., 0- W w :t: II) W w II) N, S L R w, M, 0 ~ 'Ii'. 38 S.CANAl 11'.31 S. NO, 10" ,40 4 , I , I F,. I 1 I 1 I 1 1 I 1 1 -' .:1 ~I ... on - : I -~ " 001 1 I 1 ~ 1 I I ~I ~I >-1 ~, ~ ~I '! 1 I I , I I 5<G ~---------------------~~~-------------------- ß5 1.3.29 ~ ..... · .2" 12....:t 2,66 At ..... ... 1)0.01 '" lOt \ ! I - .' o (222-<JOO/-OOO/BI .3,54 ~ 104.42 (2IHJ{)()HJ{)()/4) 11.1.3 ~ 'e~ 1"91 ,to . (2I2-()()()/-ooonl 6,17 At 1:/OJ,' "'"" (223-{)()()HJ{)()//1 B,49 At ><10' I I I (502-0085-000/6) '---'j I 14,14 At '-..i I ß@ ----------------------------~-------- I I 57 "..- 511 (502-0086-OOO/JI 5~ 24,31 At ,,,.,. )47.D1 6"':':: .H~: "'" >00 ~ (502-Q094 ~ :0: -/OO/JI (502-0093 (502-(}()93 ~ ~ ~ 4,31 At 0 ., -()()()151 ~ '" · (502-0094-(){)()/2J 0 -200fll ~ «>~ : ~ (502-G094-0/D/SI 3,62 At ~~ .3,91 Ac '" 6,72 Ac 6,63 At <-J ? .. G~ ~ 8'11 '" ~ (502- 18 ; D094-; 2,00 g 110161 30Cì ",. 2'0.... ... n o. ~WAY RO~ =-, .." '=~ ." _.__~_L__~__~L~~~_________________~..-----~--------~ ~ I..~ "'" ... '; 1 70.0' (50!'- r~ ~ I SEE SHEí NO. . 2 ¡ SUBDiviSION NAME WMT'f; on SUIQM5tOII - ~ P\..AT WWT'(: arr SlIIOMSKJI - towtrj OF 1II'HT1: an ~ . ~ a.oac 22 ..... ....... I. O. .)4O,)-~::Z J40....501 340.·~O' J404.-o1 PBtORB · · · .. PC. 2J 2\20' " " ~ '-" St. Lucie County, Florida TEMPORARY CONSTRUCTION EASEMENT Page' of 3 STATE ROAD NO.: PARCEL NO.: 615 (S. 25th Street) 702 THIS AGREE~ENT is made by and between: JOHN W. FERRICK and PATRICIA A FERRICK. his wife hereinafter referred to as SELLER and the S1. LUCIE COUNTY for the use and benefit of the St Lucie County, Florida, hereinafter referred to as the PURCHASER. WITNESSETH For and in consideration of the mutual convenants and conditions herein contained, SELLER hereby agrees to sell and PURCHASER hereby agrees to buy the following Temporary Construction Easement or interest therein, upon the following terms and conditions: I. DESCRIPTION (a) OReal estate or interest therein, identified as parcel 702 and shown on Right of Way Maps for PROJECT: S, 25th Street incorporated herein by reference. D Fee Simple D Permanent Easement (Section 111.(b) does not apply) D Temporary Construction Easement (Sections III.(b, c and d) do not apply) D Leasehold Interest (Sections 11I.(b and c) do not apply) (b) 0 Personal property identified as follows: N/A (c) D Outdoor Advertising structure identified by permit number: N/A (Section III.(b and c) do not apply) II. PURCHASE PRICE (a) Amount to be paid by PURCHASER to SELLER at closing including fees and costs. (b) Amount to be paid by PURCHASER to SELLER upon surrender of possession (c) Itemized purchase pnce, fees and costs Land and Improvements $ 100.00 Rèal Estate Damages $ (Severance/Cost-to-Cure) $ Business Damages $ Attorney Fees $ Appraiser Fees $ ODA Structure $ Other $ $ $ 100.00 (Specify) (Specify) TOTAL PURCHASE PRICE INCLUDING FEES AND COSTS $ $ 100,00 III. CONDITIONS AND LIMITATIONS (a) It is mutually understood that execution of this Temporary Construction Easement Agreement by PURCHASER constitutes conditional acceptance and is subject to final County acceptance, Final County acceptance shall denote final approval of the purchase price an all terms and conditions contained in this Temporary Construction Easement Agreement and constitutes the effective date of this agreement. A closing on this contract shall not be transacted prior to final County acceptance. Notice of final County acceptance shall be evidenced by the signature of the Purchaser in Section VII herein and delivery to SELLER not sooner than 30 days from the date of the negotiator's signature in Section VI. N/A (b) ,~IiiLlER i¡; rli¡;p9¡:¡i:iblg fQr i 1[ t¡¡XIi¡; d'lli .me Q\A(ning Qn th9 prQPlirt~' .Ii: of tl:lli d.tli ,,1 ço oi:ir19a /¥ v - ~ ~ Page 2 Of3 N/A IJCLLCR ;" I e.!.pol,.!.ible for delivering unenwmbcrcd titl~ to rUf(CIIACCf( at cl03illg. ,\11) 3Ul'l'l3 M'IicFi rUf(CII,^,OEM ~I, st e¡{peRe te SISíU ensblmeranses sAall Be àeàl:Jeteel at elasiR!:! fraF19 tFie ~\:IreFi63e:r price; 3ho.'\n iF! C~dion II. Geller' IiJAall Be liaBls fer an)' existing en¡¡l./rnbr:inl:s¡; or :iny en"l./mbnilnc9t ~ri¡ir::1g .f.t"r clolìing .Ii . r91ì'llt of .di"n" "qt:li . seller. TAB tSFR'It sf tRit slolb tsçtioR ¡h~1I tl./r4"" th9 cloo;iRg N/A (d) '. ' TI.'I,A)' e)<teAsieA ef assel'lbnse berene the I'hte sf I:lssirlg r+1l./st be :il./thsriz¡¡d by the P'IRCH./lS~R in "'ritiRg Qldring. . tRe l'Ierisd frern the date sf "losing "mtil tl:le ðlElllæR ¡;r.m¡¡nd¡¡rs psssessior:¡ t¡;¡ the PIJRCH,^.ðIæR, the ðlæLU;:R SR3W e:.x<.r(..i~e dilig~nt ctm: il'l preteetiF!§ tFie; ~re"f)f1:y frOF19 tFieft 6F\à 'I6Rsalism. .'\11 !,!re¡:¡cFty, wRether real sr ¡:¡ef£BRal, .iFlsll:Jàeà iR tl:1is a§reemeAt sAall bg dsli"srsd tQ P"RCH^SER in thq Iì<>q¡q ,..,,"tiit;,," ..vidi"~ "''' "fth.. ..ff..,.ti".. ti",t.. ð1 'rti3 ogre;~mGr,t, le~~ ðll' rea"u"al.Jle ..ea, a"J teal. (c) (e) It is mutually understood that this Temporary Construction Easement is necessary for transportation purposes and is being acquired under threat of condemnation, pursuant to Section 337.27, Florida Statutes. N/A (f) Tof18 ebltèeer 6Iè\'srtisiR§ strusture owner shûll ¡:¡re'liàs aR e)(sBl:lteà 00/\ r'el'F19it CaReclI6tisFI(:;) (rorf1'l No. 675070 12)- 1I)(8slolteè by the ¡;¡¡¡rmit helder{s) :ilRd ¡R:il1I ¡urr"nder or .('COI.lnt for the Qutdoor a~J9rtiliin9 permit h1g(li) ilt Qr priQr tlile r"c"ipt Qf pil)'m9r:1t for th" ODlI t.tp Ict' IrilÞ' (g) Other: IV. CLOSING DATE . This transaction shall be closed and the instrument of conveyance delivered within 60 days of the County agency acceptance. o This transaction shall be closed and the receipt of warrant acknowledgement delivered within 60 days of the date of final County acceptance. V. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions inserted herein or attached hereto as Addenda, and initialed by all parties, shall control all printed provisions in conflict therewith. All addenda, whether typewritten or handwritten, attached hereto must be referenced and initialed in this section. In addition, all addenda must be signed by both the Seller and Purchaser. There. is o is not an addendum to this agreement -/7 - '--' '-.I Page 3 of 3 VI. IN WITNESS WHEREOF, THE SELLER(S) of the Temporary Construction Easement have caused these presents to be executed in their respective name(s), R(S) 7 ~ '-', ¿ ~ ~dì;:Ý Date CONDITIONAL ACCEPTANCE BY PURCHASE of the TEMPORARY CONSTRUCTION EASEMENT " r JohnW, Ferrick Name (Please Type or Print) JjÔ"- _ df'" _ il r?r Social Security Number ST, LUCIE COUNTY BOARD OF COUNTY COMMISIONERS BY: Name (Please Type or Print) @,,~¡:¡Ju/ud ~rlof ignature Date DATE: Patricia A. Ferrick Name (Please Type or Print) Social Security Number VII. FINAL COUNTY ACCEPTANCE IN WITNESS WHEREOF, St Lucie County has caused these presents to be accepted this day of , 2004, BOARD OF COUNTY COMMISSIONERS, CHAIRMAN ~ ~ '-.I Addendum for Parcel 702 (Temporary Construction Easement) John W. and Patricia A. Ferrick upon execution of a Temporary Construction Easement instrument, grant S1. Lucie County, its agents, contractors and sub-contractors, to enter 4pon a portion of certain lands owned by John W. and Patricia A Ferrick, located at 4802 "S. 25th Street, Ft. Pierce, Florida, as described in Exhibit "A". It is understood that the purpose of the Temporary Construction Easement is for the purpose of tying in and harmonizing the existing driveway with construction of roadway and appurtenant facilities within the existing right-of-way. This easement is granted upon the condition that the sloping and/or grading upon the described land shall not exceed beyond the construction limits and that all grading or sloping work confonn to all existing structural improvements within the limits designated, and all work will be perfonned in such a manner that existing structural improvements (including fencing, permanent survey monuments, mailboxes and landscaping) will not be damaged. In the event of any damages, the County's contractor will be responsible for repairing or replacing such improvements as in the same condition prior to being damaged at no cost to the property owner. The County's road contractor will maintain ingress and egress to the owner's property during construction. Immediate driveway access will be provided during any emergency. This easement shall expire upon the completion of the construction of the hannonizing of the driveway with the new road improvements as described in the Temporary Construction Easement legal description (Exhibit "A"). This document is limited for the Temporary Construction Easement only. ~kC)yj9J~ £7.2rM (fáuø 4J-bU1Ú Patricia A. Ferrick ~/¿ r(c;y Date S1. Lucie County Board of County Commisioners Date LEGAL ~CRIPTION ......., TEMPORARY CONSTRUCT I ON EASEMENT (T. C. E.) 702 . BEING A PORTION OF LOT 57 AND LOT 58, WH]TE CITY SUBD]VISION, AS RECORDED IN PLAT BOOK I, PAGE 23, ST. LUCIE COUNTY, FLORIDA LOCATED IN THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND PK NAIL 8 WASHER STAMPED "PCP LB4286" AT THE WEST QUARTER CORNER OF SAID SECTION 4; THENCE NORTH 00°14'50 WEST, A DISTANCE OF 1335.28 FEET ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID NORTHWEST QUARTER OF SECTJON 4 TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4. BEARINGS ARE BASED ON SAID WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4 AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO; THENCE NORTH 89°50'48" EAST DEPARTING SAID WEST LINE AND RUNNING ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, A DISTANCE OF 40.00 FEET TO A POINT ON THE EXISTING EAST RIGHT OF WAY LINE FOR STATE ROAD 615 (SOUTH 25TH. STREET) AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TEMPORARY CONSTRUCTION EASEMENT 702; THENCE NORTH 00°14'50" WEST ALONG SAID EXISTING EAST RIGHT OF WAY LINE. A DISTANCE OF 4.00 FEET: THENCE NORTH 89°53'36" EAST DEPARTING SAID EAST RIGHT OF WAY LINE. A DISTANCE OF 8.00 FEET: THENCE SOUTH 00°14'50" EAST, A DISTANCE OF 28.00 FEET: THENCE SOUTH 89°53'36" WEST, A DISTANCE OF 8.00 FEET TO A POINT ON SAID EAST RIGHT OF WAY LINE; THENCE NORTH 00°14'50" WEST ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 24.00 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 224 SQUARE FEET MORE OR LESS. d/!fu~!It!tt G,. MART I N BURDETTE FLORIDA¡SURV~YOR AND MAPPER D ATE: ~ ;g -5{'O ?? BURDETT 8 ASSOCIATES, INC. · 4 I 36 LEGAL DESCRIPTION AND SKETCH - T. C. E. 702 PREPARED FOR, ST. LUCIE COUNTY, FLORIDA BURDETTE & ASSOCIA TES, INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 ...\PARCELS802\tces\tce702.dgn 06/25/0304:03:11 PM OFFICE, E.G. FIELD BOOK, ¡CHECKEO, G. M. B. SCALE, NOT TO SCALE OA TE, FEBRUARY 2003 DRAWING NO., 615TGE702 OF SHEET 1 3 ~ ABBREVIATIONS / LEGENO. ~ ' BASELJNE ~ ' CENTERLINE EX]ST. . EXISTING FKA . FORMALLY KNOWN AS FNO. ' FOUND N.S.L.R.W.M.D.' NORTHERN ST. LUCIE RIVER , WATER MANAGEMENT OJSTRJCT · POINT OF BEGINNJNG · POJNT OF COMMENCEMENT · RJGHT OF WAY , SQUARE FEET , TEMPORARY CONSTRUCTJON EASEMENT ~'" "'~~ ,SUBJECT PARCEL P.O.B. P.O.C. R/W SO. FT. 1. C. E. Bearing Basis: West Line of the S. W. 1/4, of the N. W. I /4 Sect i on 4 (N 00°14'50" 1'1) IPO I NT OF COMMENCEMENT P. I. STA. 36+45.30 ~ OF SURVEY S.R. 615 (SOUTH 25th. STREET)· EAST 1/4 CORNER SECTION 5 ð·00·02·00· (LT. J N·" 05742.119 E· 867001.771 FND. PK NAIL a WASHER "PCP LB 4286" EXJST. R/W LINE S 89°50'53" W 2 - ---:r 1---s 89°53' 36" E=2=8--- -- -. - --- (QUARTER SECTI N ~E) ~_ -- S 89°50'53" W (BASELJNE) 0, S.R. 712 MIDWAY ROAD ~ ---------- ----------- N 89'50'53" E EXIST. R/W LINE o 100 50 o 100 GRAPHIC SCALE - FEET SEE SHEET 3 I I w Z w-' · '3: · "- No:: <T · f- ""'I/) ""'w ;':,'3: o . f- 1/)1/) '3:\ , 0 LD <T - ° 0 0 z ( ~ z :;1 6/ SI w z ~I - -' >-1 3: "- w 0:: ~I f- ~I I/) <t oaJ¡ W t- I V> - I x w I I I I I \ \ SECTI~ TOWNSHIP 36 SOUTH, RANGE 40 EAST x W z I N L/~~ ~~ NOTE. BEARINGS SHOWN HEREON ARE BASED ON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983//990 READJUSTMENT. THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 36 SOUTH, RANGE 40 EAST BEARS. NORTH 00°14'50" WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. - E-;;ST.~L/;-L~E~ - ~ S 89°59'23" W 32 33 N 89°47 36" E (0 ARTER SECTJON LINE) S 89°59'23" W (BASELINE) EX J S T. R /W LI NE N 89°59'23" E STA. 36+44.48 ~ OF SURVEY S.R. 615 (SOUTH 25th. STREET)· STA. 30+00.00 ~ OF SURVEY S.R. 712 ( MI DWA Y ROAD) N-1105741.299 E- 867001.774 NOT SET ¡THIS JS NOT A SURVEYI T. C. E. 702 PREPARED FOR, LEGAL DESCRIPTION AND SKETCH ST. LUCIE COUNTY, FLORIDA OFFJCE, E.G. FJELD BOOK, BURDETTE & ASSOCIATES, INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 ",\PARCELS802\tces\tce702.dgn 06/25/0304:03:57 PM CHECKED, G. M. B. SCALI, I" , 100' DRAWING NO., 615TGE702 OF DA TE, FEBRUARY 2003 SHEET 2 3 ~ Î . I SECTIO~ I I N I v I TOWNSHIP 36 SOUTH, I1ì RANGE 40 EAST I I I I ~f~ I I I I ~r I rr> I -, I1ì I I 40' 40' 40' TEMPORARY CONSTRUCTION EASEMENT . 224 SQ. FT. N 89°50'48" E ORTH LJ NE OF THE SW I /4 OF THE NW I /4 SECTION 4 (NORTH LINE LOT 58) NOTE. BEARINGS SHOWN HEREON ARE BASED ON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983/1990 READJUSTMENT. THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 36 SOUTH, RANGE 40 EAST BEARS, NORTH 00°14'50" WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. . o 0:: I I N I I1ì I w U'O '<T Z - I z Z -I ::: ° 3= - l- I- "- I u U 0:: W W l- I V> V> V> « w I I1ì '-' z I - l- V> I - I I w Z >- -I W 3= W ---I ;;:: ~3= I- U'O <! v>:":r: ~;; ,-,0<: z o~ ;=v>l.J.. V> N.W. CORNER S.W. 1/4, N.W. 1/4 SECTION 4 S 89°53'50" W NORTH LINE S. E. I /4, N.E. 1/4, SECTION 5 Bearing Basis: West Line of Section 4 (N Oool~'50" Vi) m .,.; V n n - I1ì ;c 1.0 U) CD v z VARJ[S 40' 40' SEE SHEET 2 100 . If) N i :I f- a: o z LOT 58 100 50 o GRAPHIC SCALE - FEET LEGAL DESCRIPTION AND SKETCH PREPARED FOR, WHITE CITY SUBDIVISION (PLAT BOOK I, PAGE 23) I THiS ]S NOT A SURVEY T.C.E.702 ST. LUCIE COUNTY, FLORIDA BURDETTE & ASSOCIA TES. INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 ...\PARCELS802\tces\tce702.dgn 06/25/0304:05:19 PM OFFICE , E.G. FJELD BOOK, CHECKED, G. M. B. DA TE, FEBRUAR Y 2003 SCALf, I" , 100' DRAWING NO., 615TGE702 OF SH[[ T 3 3 "' - - ---- /..,,' -...,.. -I AGENDA REQUEST ITEM NO. C5C DATE: June 15, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNIY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road Hawkins - Tax I.D. No. 3403-502-0125-000/9 - Parcel 119 BACKGROUND: Please see attached memorandum FUNDS AVAILABLE: Funds are available in 101006-4116-561007-4108 (Transportation Trust/Impact R/W) and 101006-4116-561002-4108 (Transportation Trust/Impact Abstract/Title) PREVIOUS ACTION: September 12, 2000 - Board of County Commissioners approved Joint Participation Agreement with FDOT to reimburse, design and construct the South 25th Street widening. RECOMMENDATION: Staff recommends that the Board approve the Contract for Sale and Purchase with Tommy and Rosalie Hawkins in the amount of THIRIY FOUR THOUSAND and 00/100 DOLLARS ($34,000.00) as shown on the attached map, authorize the Chairman to execute the Contract and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: !XI APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Dou as Anderson County Administrator [XX] County Attorney: ~/ :f~ Review and Approvals [XX] Public Works Director:~' [ ] Road & Bridge: [XX] County Engineer: IJ.VÞ [XX] Originating Dept,: [ ]OMB: Finance: (Check for Capy only, if applicable) Eff 5/96 G:\ACQ\ WP\J oAnn\25th Street\Hawkins\Agenda Request,wpd I '--'" ."-tI . , INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: June 15, 2004 SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road Hawkins - Tax I.D. No. 3403-502-0125-000/9 - Parcel 119 BACKGROUND: As part of the Joint Participation Agreement between St. Lucie County and the Florida Department of Transportation (Department), the County agreed to acquire the necessary right-of-way for the South 25th Street Roadway Widening project in accordance with the Department's right-of-way acquisition procedures. On March 16,2004, an offer was made to Mr. and Mrs. Hawkins in the amount of $24,000.00, which was based on the approved appraisal report prepared by Daniel K. Deighan, MAI. The appraisal was reviewed and approved by Daniel D. Fuller, MAr, as required by the Department's procedures. The acquisition area is a narrow strip taking along the eastern portion of a .32-acre residential property that fronts South 25th Street. The total area of the taking contains 1,277 square feet. The only improvements within the proposed acquisition area consist of approximately 240 square feet of asphalt paving, 1,037 square feet of sod, one (1) oak tree, and a portion of a septic tank system. The septic tank system was not included in the valuation of the improvements since it was not identified until after the offer was presented to the Hawkins. On April 27, 2004, the Hawkins submitted a counteroffer in the amount of $34,000.00, which represents an increase of $10,000.00 over the County's offer. The increase is based upon estimates provided by the Hawkins for connecting them to sewer (Fort Pierce Utilities Authority) and disconnecting and removal of the septic tank system within the proposed right-of-way. According to Mr. Hawkins, due to the existing location of the septic system and the limitations of relocating the system on the remainder in accordance with the code requirements, connecting the Hawkins to the City's sewer line is the most viable solution to curing the situation. The County Engineer, Michael Powley, P.E., and the County's Right-of-Way Consultant, Brian Mekarski, reviewed the estimates and confirmed with Fort Pierce Utilities Authority that the counteroffer increase is in-line for such services. , \...f ....." Page 2 Hawkins - Tax LD. No. 3403-502-0125-000/9 - Parcel 119 In discussing the counteroffer with the County's appraiser, he stated that if he were required to update the appraised report, he would include the Hawkins estimate for connecting them to sewer, thus revising his opinion of value to $34,000.00 It should be noted that the parcel is being acquired in accordance with the Department's procedures, which by Florida law entitles the property owner to certain rights including the reimbursement for attorney fees and other expert fees that the owner would incur associated with the County's acquisition. At this time, the Hawkins have not retained an attorney or any other experts in this matter. Based on past experience, the County Attorney estimates the County could incur fees and expert witness costs of approximately fifteen thousand and 0/100 ($15,000.00) dollars to thirty thousand and 0/100 ($30,000.00) dollars even in the best case situation where a jury agreed with the County's value. Under Florida law, the County cannot file an offer of judgment any sooner than 120 days after the defendant has filed an answer. If the case proceeds to trial, the County is exposed to a possible jury verdict in favor of the owners and additional expert fees (owner and County) and court costs. Both the County Attorney and Brian Mekarski recommend that the County accept the Hawkins counteroffer. RECOMMENDATION: Staff recommends that the Board approve the Contract for Sale and Purchase with Tommy and Rosalie Hawkins in the amount of THIRTY FOUR THOUSAND and 00/100 DOLLARS ($34,000.00) as shown on the attached map, authorize the Chairman to execute the Contract and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County. Florida. I I ~I "I., ., 10150-000/61 \: @5 '" @I ,; 1133-000/<100/81;... JJO --1 g(~~ gl B.25 Ac - . I E:~ 2JQ I ~I ~ ~ _f0.462-000/OJ:1 I P'I C:;;..; 2.)0 I ~ ¡¡:;: 10164- ;;1 g 10145-020//1 ~ Ie; 1)()()/41 ;1 1.50 Ac J20 1~..' I 3T2~ '100 '2 I ""IJ J2f¡,70 78 40'- o MlDW A Y ROAD 0 I JJ2.0 ----------~-~----------¡r-~-------------~~~~~-----J-----L_L__¿ . ¡; . . 24/325 ... ( I;kwaom I. J 2,51 Ac ..u 1012!HJ10/01 2.50 Ax; '''_1) 1012!HJ2O/3J ,·----".;.Tß7 Ax; - 43.. 1012!HJ30/6) 2,00 Ac '''.2 -' , .eL! ,....'-. ~".:--. I - ù'~ 9.11 Ac ... 10142-G10/71 ,~.,:z ,.,. ,.,. /8k ~5 10148-100/71 2_~~c 3111.7 10157-050/7) 1.47 Ac ~ )'Jg.,g 10157-<XJO/21 3-<XJOZ-<XJO/51 216 Ac 34 /055 "-' CI>l<AL I '.3> .. '" 10IZ8r/0) .., ~" ~ II 2. 6 Ac .21 ,., '" '" ~II : 10128-100//1 I 2.1B Ac ",",,,,", aim :3 - I 10IZ8-.JOO/ 3) L 2.18 Ac ~... ~ 10128-210/5) IJe.B J7...,7 " (014J-()10/41 " 10143-020/7) ~ ~ ,.. 374..,7 " '...., 1014J-()(J()//i --. -'¡ , , 2.42 Ac \ ' ¡M,O;': . a.oJ 10) 1014J-{}4(}/J) - 2,59 Ac ---- . ... .. ~ ~í"-ë:~,'! -*- 1014,3-050/6) ~,'B' Ac , .,J;.' " '" C!;:: ~ 10141-020/51 34;'21 2,09 Ac ~ JQO, 349.27 10141-()(J()/91 £ 10141 -()4(J/ /I 2,79 Ac ~ 2,09 Ac ..., 4,),J.l!iJ .. 0" "0 -" 10141-0/0/2) 3,07 lAC .~ J20 J2II.ðO J:ZU.~ ° (0/59-(J(J()/6) ~ 1.06 Ac ~ PREPARED Fa¡ ~ ¥><I~ ,xu....SS.""""" S1'. LUCIE CD.Mn PRl:PERn ifIIJIIRArSEJI ....,,¡ NO, 102 2tJ,J.40 »D 2~el DEVINE ROAD Z ""-, ... a. IOI26-()(J()/6J · .3,1ð At: ~ 0"" 9: 100. "'... § Jc:>,M '1C12.1Z = (I/KJOO5-()(J()/8) .3,21 Ac ..., , 'r"' 1114WOI ." '200//1 ¡¡ ~ " 21\.21 _; "' 1114-()()()1 .. " -250/6) ¡¡ :rn.2. J7~U7 Jð.)..]' 10144-020/41 2.67 Ac ..... (I/4-000I-()(J()/91 1.80 Ac " (22:, ~ -00 0,9 I "I I ~I I I ø /.. ;j I: I I I ø 1 ~ I I I I I I ..I I 51 I ~, I I I I S r ~ I I I :;1 I ~I I I I ,.UI> 1114-()()()2-GOO/6J ¡j -" 1'\1 7 ,84 Ac ~ S .3.95 Ac 2.1.3 At: f z ... I 0 "- I ... .., I l- I w 5!' w ::z: tI1 01 w a: I w 118 ;1 tI1 ~I :c :; :"'~----~"\ I \ ' , '~4'"_~_..' ;; 1aJ.'e _,22 511.40 1 I I / I I 1 ::I ~I I I I I I I -----~L----~mL-----~~_____ ~3J ~~ 10,11 Ac B.91 Ac : ~ @7 (0145-000/5) ~ ~ 15.B1 Ac J21.7D ~I 15OZ- " ~ 0094- ~ 110/6) - "" . 'co ~~- .... JOO '00 , ¡::~. fflR ~A AH ACTUAl gg¡f.\O¡¡~D· ~r. ~~~~~ ~©~~ìi'W, ~~©~~!Q)& ASSESSMENT MAP SECTION ~ 1/~ Of 5 sr~t:~~ ~ òrisslc,TL~fUss¡rfNYR~~~TT .. 8 , rHE ST. LUCIE cOJo" PR!J'ERTT _RA¡>ER TOWNSH I P ,¡¡v " RESP{Io SlBJLlTT Hit ERRORS (It OWISSIOHS Altf\ re RANGE ~'Ii Lõ; ~~~ ~@~~ SHEET NUMBER \....-' ......., PROJECT NAME: South 25th Street PARCEL NAME: Hawkins - Tax I.D. No. - 3403-502-0125-000/9 - Parcel 119 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY . r THIS AGREEMENT made this ;tf44 day of MA¥c ' 2004, between TOMMY LEE HAWKINS and ROSALIE V. HAWKINS. husban and wife. whose address is 4665 South 25th Street. Fort Pierce. Florida 34981, hereinafter referred to as SELLER and, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, Seller agrees to sell and Purchaser agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" together with all improvements and personal property located thereon as may hereinafter be specifically described. 1. PURCHASE PRICE AND METHOD OF PAYMENT. ~/W~ The full purchase price io::... 'T\P~R Four Thousand and 00/100 Dollars determined to be the total of the following: "}.'f; #IN .,Þ. '¡j J ¥ ($24, 0012. 00+~f);/ Real Property (Land) $2.900.00 tUpoo.oo;Jµ ?í!-otf $.00 Improvements Other than Buildings (described in Exhibit "B", if any) Personal Property (Described in Exhibit "A", if any) Severance Damages $19.500.00 payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. 2. EXPENSES. Purchaser shall pay for documentary stamps and recording fee on the Deed conveying the subject real property to Purchaser. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by Purchaser. 3. TITLE. Purchaser shall obtain, at the Purchaser's expense, a commitment for title insurance from a title company of Purchaser f s choice. certified to a date not earlier than the date hereof, showing good and marketable title thereto to be vested in the Seller, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by Seller at or before closing. Should Purchaser find on ~ .....J examination of said title commitment that Seller's title is not good and marketable, Purchaser shall notify Seller or his attorney in writing specifying the defects and Seller agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to Purchaser and thereupon this contract shall become null and r void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at Purchaser I s option and Purchaser's request, Seller shall deliver the title in its existing condition upon compliance by Purchaser with the terms of the contract, and in such event Seller shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. Seller agrees to convey title to Purchaser by a good and sufficient statutory Warranty Deed, and if personal property is included, same shall be conveyed by proper Assignment or Bill of Sale, all real and personal property to be free and clear of all liens, judgments, and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by Seller, Seller shall make and deliver to Purchaser a Mechanic's No-Lien Affidavit as to realty and an Affidavit as to no liens or encumbrances of any personal property. 6. PRORA TrONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the Seller. 7. RISK OF LOSS. Seller assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. Seller shall deliver possession to Purchaser at the closing. 9. CLOSING. The closing shall be on or before July 30. 2004 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the Purchaser, subject to possessory rights and mortgagees of record. 2 ------..........- - -- . , 10. ~ PLACE OF CLOSING. >..J Closing shall be held at the offices of a place chosen by Purchaser and Purchaser shall notify Seller in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. r Either party failing to comply with the terms hereof will pay all expenses, including .a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAULT. If Seller fails to perform hereunder without fault of the Purchaser, all monies paid hereunder shall be returned to the Purchaser upon demand but Purchaser shall not thereby waive any right or remedy he may have because of such default of Seller. If Purchaser· fails to perform hereunder without fault of Seller, all monies paid hereunder may be retained by Seller as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. Seller warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the Purchaser, but no such assignment is binding upon Seller until an executed copy thereof is delivered to the Seller. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. DISBURSEMENT OF PROCEEDS. The Purchaser has elected to have the closing processed through the office of the Title Company issuing Title Insurance. The Title Company or Agent will accomplish disbursement so as to bring the transaction under Section 627.7841, Florida Statutes, to assure coverage of the period from the commitment to deed recording, provided delivery of the deed and payment of the purchase price occur in the same day at the same time. 17. RECISION. Purchaser may rescind this contract if at the time of closing the Seller is the subject of 3 ---- '-' >..J any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. Seller hereby warrants that existing mortgages are in good standing and Seller further agrees to keep them in good standing and to make all payments due thereunder; he shall , either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19 . REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of anyone of the Sellers to execute the deed or any other required document, shall be deemed default of the Seller. 20. OFFER TO SELL. Seller and Purchaser recognize and agree that by signing this agreement first, the Seller is offering to sell the property described in Exhibit "A" to the Purchaser in accordance with the terms and conditions of this agreement. If Purchaser shall fail to approve this agreement within sixty (60) days after Seller signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) Annexed hereto and made a part hereof as Exhibit "e" is a list of all leases, tenancies, and occupancies affecting the rent, expirations, and security deposit if any, with respect to each such tenancy or occupancy, which Seller warrants and represents is true and correct. There are no other leases, occupancies, or tenancies except as reflected in said Schedule, and none will be agreed to prior to closing without Purchaser's consent. True and correct copies of all said leases, if any, have been delivered to Purchaser. and Seller warrants there are no modifications thereof. Unless otherwise reflected on said Exhibit "e", alterations, installations. and other work required to be performed by the Seller under the provisions of any such lease, tenancy or occupancy have been or will, by the date of closing, be completed and fully paid for. No brokerage commission is now due and unpaid in connection with any lease, tenancy, or occupancy or any renewal thereof, nor with any other matter pertaining to the subject property and upon the closing date no such commission shall be due and unpaid. (b) Neither Seller nor the respective tenants nor parties to any of the agreements listed in Exhibits "e" or "D" attached hereto are in default under the terms of said Agreement of instrument. (c) Seller has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property other than those set forth in Exhibit "D" attached hereto made a part thereof. Each and every such contract or other instrument listed in Exhibit "D" is a valid, bona fide, and binding agreement entered into by the parties hereof, effected in good faith in an arms- 4 · . '-'" '.....I length transaction. True and correct copies of said instruments have been delivered to the Purchaser, and the Seller represents that there are not now and will not be at the date of closing, amendments or modifications or any waiver by any party of any of the provisions thereof. (d) None of the tenants on the premises have been given any concession or consideration for the rental of any space applying to any period after the closing; and no tenants are entitled to any concessions, rebates, allowances or free rent for any period after the closing hereunder. r (e) Seller warrants and represents that no other agreements concerning employees engaged in the operation and maintenance of the subject property or employment contracts exist, except as set forth in Exhibit "E" attached hereto, copies of which agreements have been delivered to the Purchaser. (f) Annexed hereto and made a part hereof as Exhibit "FOI is a list of all policies of insurance now in full force and effect with respect to the property giving the company, amount and type of insurance, policy expiration date, premium and other relevant information delivered to Purchaser true and accurate copies of all said policies and the premium shall be prorated as of the date of closing. (g) Seller agrees with Purchaser that from and after the date hereof and prior to closing, Seller will not enter into any lease or agreement or any modification of any existing lease of agreement pertaining to the subject property without the written consent of Purchaser. (h) All of Seller's representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of Seller involving action or performance by Seller prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, Seller shall at its sole cost and expense defend against such claim or cause of action, and hold Purchaser harmless therefrom, which shall include, but not be limited to, Seller's retaining such attorneys or other persons as may be required to fulfill this indemnification. (i) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereto and Seller has received no notice of any such violation. Seller shall deliver to Purchaser any such notice received prior to or after closing. If any of the representations of Seller contained in this paragraph are inaccurate at the present time or as of the date of closing, Purchaser may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude Purchaser from seeking specific performance of Seller's obligations hereunder so as to rectify any misrepresentation made by Seller herein. 5 '-' ......" , , 22. . COMPLIANCE WITH ENVIRONMENTAL LAWS. In the event that, between the effective date of this Contract and the closing of the transaction contemplated herein, environmental contamination of the Property has resulted or is discovered, the Purchaser, at its sole option, may elect to terminate this Contract without further liability. Should the Purchaser elect not to terminate this Contract, Purchaser shall be entitled to an appropriate adjustment in the purchase price based upon the estimated cost of clean up of the environmental contamination. In the event that environmental contamination is discovered after closing, Seller shall remain obligated, with such obligation to survive delivery of the deed and possession, to diligently pursue and accomplish the clean up of any environmental contamination where the event(s) alleged to have caused the contamination occurred prior to closing in a manner consistent with all applicable laws, rules, regulations and ordinances and at Seller's sole cost and expense. In addition, Seller represents that the ground water in Sellers cone of influence is not contaminated. Seller shall indemnify and save harmless and defend Purchaser, its officers, serval'.1ts, agents and employees from and against any and all claims, suits, actions, damages, liabilities, expenditures or causes of action of whatsoever kind arising from the environmental contamination. Seller shall defend, at its sole cost and expense, any legal action, claim or proceeding instituted by any person against the Purchaser as a result of any claim, suit, or cause of action for injuries to body, life, limb or property for which the environmental contamination is alleged to be a contributing legal cause. Seller shall save the Purchaser harmless from and against all judgments, orders, decrees, attorney fees, costs, expenses and liabilities in and about any such claim, suit, investigation or defense thereof, which may be entered, incurred or assessed as a result of the foregoing. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. 24. REMOVAL OF SEPTIC TANK SYSTEM The County will hold back $1,655.00 of the agreement amount until the owners remove the septic tank system from the right-of-way. Once the owners provide documentation that the septic tank system has been removed from the right-of-way acquisition area, the County will release the held back amount. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this ~#k. day of M~ ,2004. 6 . . '-' ~ MJ2~ Witness as to Tommy Lee Hawkins .......J J~y¿~~ --- -- Wi ee Hawkins LpJ~ r J3~, ~1L~ Witness as to Rosalie V. Hawkins Rosalie V. Hawkins . Hawkins STATE OF FLORIDA COUNTY OF ST. LUCIE (NOTARY PUBLIC) SEAL The f~regoing instrument was acknowledged before me this ';<hlday of M~. . , 2004, by Tommy Lee Hawkins and Rosalie V. Hawkins, who are personally known me or who have produced a Drivers License issued within the last five years as identification. JL Th";' ~ No ry Public J:ANrI ~r)e. ~;l¿v (Print, Type or Stamp Name of· Notary Commission No: My Commission Expires: ..';..-:¡"~Ir~'", JoAnn Marie Riley ~~\"'K~ MY COMMISSION # CC985750 EXPIRES ~~.,,&.~ff December 4, 2004 ~'l,rll' '¡'~$~ BONDED THRU TROY FAIN INSURANC~ INC I"""" EXECUTED by PURCHASER this _ day of ,2004. ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS County Attorney 7 '-" ......, . . , EXHIBIT "A" LEGAL DESCRIPTION , r r I LEGAL DESCRIPTION PARCEL 119 BEING A PORTION OF THE SOUTH 95 FEET-OF THE NORTH 422.22 FEET OF THE WEST J50 FEET OF THE EAST 185 FEET OF SECTION 5 , TOW N S HIP 3 Ó SOUTH. RANGE 4 0 EAST. ST. L U C I E COUNTY. FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND NAIL 8 TIN TAB AT THE NORTHEAST COR N E R 0 F S A I D SE C T ION 5: THE N C E SOU THO 0 ° I <1 ' 5 (i" E A S TAL 0 N C THE EAST LINE OF SAJD SECT10N 5, A DISTANCE OF 327.13 FEET (BEARINGS ARE BASED ON SAJD EAST LINE OF SECTION 5 AND ALL OTHER BEARINGS SHOWN HEREON ARE RELAT'!VE THERETO); THENCE SOUTH 89c45' 10" WEST ALONG THE NORTH LINE .OF SAID SOUTH 95 FEET OF THE NORTH 422.22 FEET OF SECTION 5. A . DISTANCE OF AO.DO fEET TO A P01NT ON THE EXISTING WEST RIG H T 0 F ,W A Y L I N E FOR S TAT E R OA D 6 1 5 (S 0 UT H 2:, T H. S T RE E T ) AND THE P01NT ,OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL 119: THENCE SOUTH 00°14 '50" EAST ALONG SALDWEST RIGHT OF WAY LINE. A DJSTANCE OF 95.00 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTH 422.22 FEET OF 'SECTION 5: THENCE . SOU T H 89 ° 5 3 ' 2 4 "W EST ALONG SAID SOUTH LINE I) FT HEN 0 R T H 422.22 FEET OF SECTION :', A DISTANCE OF 15.25 FEET:' THENCE NOR THO I ° 55 . 2·:,·" E AS T , A 0 1 S TAN CEO F 95. 0 ó FEE T TO A POI f\ T ON SAID NORTH LINE OF THE SOUTH 85 FEET OF THE NORTH 422.22 FEET OF SECTION 5; THENCE NORTH 89°53'24" EAST ALONG SAID NORTH LINE OF THE SOUTH 95 FEET OF. THE NORTH 422.22 FEET, A D1STANC[ OF 1 I .64 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 1.277 SOU ARE FEET, MORE OR LESS, ~ r 240 square feet of asphalt 1 ,037 square· feet of sod 1 oak tree 1 septic tank system EXHIBIT "B" IMPROVEMENTS OTHER THAN BUILDINGS 9 .~ "-" r ....., EXHIBIT "c" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES 10 ~ r - EXHIBIT "D" CONTRACTS, LICENSES AND AGREEMENTS 11 .....", r . , - - '-'" ..."" EXHIBIT "E" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS 12 - '-'-" EXHIBIT "F" POLICIES OF INSURANCE r G: \ACQ\ WP\JoAnn\Z5th Street\Hawkins\Contract. wpd 13 - ..""",., - - - '?: ~ ,...", AGENDA REQUEST ITEM NO. CSD DATE: June 15, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNT 'QMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): , Attorney Daniel S. McIntyre County Attorney SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road Nehme - Tax I.D. No. 3403-502-0145-000/5 - Parcel 106 BACKGROUND: Please see attached memorandum FUNDS A V AILABLE: Funds are avai lable in 101006-4116-561007-4108 (Transportation Trust/Impact R/W) and 101006-4116-561002 -4108 (Transportation Trust/Impact Abstract/Title) PREVIOUS ACTION: September 12, 2000 - Board of County Commissioners approved Joint Participation Agreement with FDOT to reimburse, design and construct the South 25th Street widening. RECOMMENDA TION: Staff recommends that the Board approve the Contract for Sale and Purchase with Nehme Holdings, LLC in the amount of TWENTY FIVE THOUSAND and 00/100 DOLLARS ($25,000.00) as shown on the attached map, authorize the Chairman to execute the Contract and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [~ APPROVED [ ] OTHER: [ ] DENIED CONCURRENCE: ~~ Douglas Anderson County Administrator Approved 5-0 [XX] County Attorney: J;(/ [XX] Public Works Director: [XX] County Engineer: MVP [XX] Originating Dept,: :Jrv.-I- [ ] Road & Bridge: [ ]OMB: Finance: (Check for Copy only, if applicable) Eff. 5/96 G: \ACQ\ WP\JoAnn\25th Street\Nehme Holdings\Agenda Request,wpd - .....- ,.' '-' ...., , . INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: June 15, 2004 SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road Nehme - Tax LD. No. 3403-502-0145-000/5 - Parcel 106 BACKGROUND: As part of the Joint Participation Agreement between St. Lucie County and the Florida Department of Transportation (Department), the County agreed to acquire the necessary right-of-way for the South 25th Street Roadway Widening project in accordance with the Department's right-of-way acquisition procedures. On March 13, 2003, an offer was made to Florida Coast Investors, Ltd. in the amount of $11,000.00, which was based on the approved appraisal report prepared by Daniel K. Deighan, MAr. The appraisal was reviewed and approved by Daniel D. Fuller, MAI, as required by the Department's procedures. On March 18,2004, the property was sold to Nehme Holdings, LLC. On May 11, 2004, an updated offer was made to Dr. David Nehme, President/Trustee, in the amount of $15,000.00. The acquisition area is an irregular narrow strip taking along the western portion of a 34.8-acre vacant commercial property that borders South 25th Street and Midway Road. The total area of the taking contains 3,632 square feet. There are no improvements within the proposed acquisition area. On May 27, 2004, Dr. Nehme submitted a counteroffer in the amount of $25,000.00, which represents an increase of $10,000.00 over the County's updated offer. Dr. Nehme's counteroffer equates to a land value of $6.88 per square foot. It is his opinion that due to the prime location (NW quadrant of South 25th Street and Midway Road) of the property, the property is worth more than the current appraised value of $4.00 per square foot. Dr. Nehme uses the comparable sales unadjusted values ($4.82 per square foot - $8.14 per square foot) of Mr. Deighan's appraisal as support for his land value. The County's Right-of-Way Consultant, Brian Mekarski, has had several conversations with Dr. Nehme, including the explanation of making adjustments to the comparable sales with the subject property, which indicates a range of land value ($4.00 per square foot - $5.20 per square foot) for the property. Although Dr. Nehme understands the difference between adjusted and unadjusted sale ranges, he is not accepting anything less than his counteroffer amount. " '-' ......, Page 2 Nehme - Tax LD. No. 3403-502-0145-000/5 - Parcel 106 In discussing the counteroffer with Mr. Deighan, he stated that if he were to update his appraisal report, he would be around $5.00 per square foot, which equates to a value of $18,160.00 (a difference of $6,840.00 from Dr. Nehme's counteroffer). According to Mr. Mekarski, the estimate fees to update the appraisal and have it reviewed by the County's Review Appraiser (Dan Fuller), would be $2,000.00. Dr. Nehme has indicated to Mr. Mekarski that he is aware of the County's obligation to pay for attorney and other expert fees that he may incur and due to the timing of the project, the County may incur additional costs in filing a condemnation lawsuit if a settlement is not forthcoming. He believes that these potential costs would exceed the $10,000.00 difference and ultimately it would save the County time and money by settling with him. Although he has hinted that he is going to retain the services of a high profile condemnation law firm, he has not done so. It should be noted that the parcel is being acquired in accordance with the Department's procedures, which by Florida law entitles the property owner to certain rights including the reimbursement for attorney fees and other expert fees that the owner would incur associated with the County's acquisition. Based on past experience, the County Attorney estimates the County could incur fees and expert witness costs of approximately fifteen thousand and 0/100 ($15,000.00) dollars to thirty thousand and 0/100 ($ 30,000.00) dollars even in the best case situation where a jury agreed with the County's value. Under Florida law, the County cannot file an offer of judgment any sooner than 120 days after the defendant has filed an answer. If the case proceeds to trial, the County is exposed to a possible jury verdict in favor of the owners and additional expert fees (owner and County) and court costs. Both the County Attorney and the County's Right- of-Way Consultant, Brian Mekarski recommend that the County accept Dr. Nehme's counteroffer. RECOMMENDA TION: Staff recommends that the Board approve the Contract for Sale and Purchase with Nehme Holdings, LLC in the amount of TWENTY FIVE THOUSAND and 00/100 DOLLARS ($25,000.00) as shown on the attached map, authorize the Chairman to execute the Contract and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. 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No. - 3403-502-0145-000/5 r , CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY THIS AGREEMENT made this '11t day of J:¡¡v.(!/. , 2004, between NEHME HOLDINGS. LLC. a Florida Limited Liability Company. whose address is 19 South Sewall's Point Road. Stuart. Florida 34996, hereinafter referred to as SELLER and, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, Seller agrees to sell and ~urchaser agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Floridà, being more fully described as: SEE ATTACHED EXHIBIT "A" together with all improvements and personal property located thereon as may hereinafter be specifically described. . 1. PURCHASE PRICE AND METHOD OF PAYMENT. .' ï\&.4~ ç,,,õ -lilS. ðtlð. 0' ¡tiP The full purchase price is Fiftcclo Thousand Dollars. ($l§,QOQ.QO), determined to be the total of the following: Real Property (Land) t'~.s: ð", , p,* ,^ ~ $"'1:J. Uvu. 0& r Improvements Other than Buildings (described in Exhibit "B", if any) $.00 Personal Property (Described in Exhibit "A". if any) $.00 Severance Damages $.00 Other (describe) $.00 payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. 2. EXPENSES. Purchaser shall pay for documentary stamps and recording fee on the Deed conveying the subject real property, to Purchaser. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by Purchaser. . 3. TITLE. Purchaser shall obtain, at the Purchaser's expense, a commitment for title insurance from a title company of Purchaser's choice, certified to a date not earlier than the date -- '-" """ hereof, showing good and marketable title thereto to be vested in the Seller, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by Seller at or before closing. Should Purchaser find on ~xamination of said title commitment that Seller's title is not good and marketable, Purchaser shall notify Seller or his attorney in writing specifying the defects and Seller r agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to Purchaser and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at Purchaser's option and Purchaser's request, Seller shall deliver the title, in its existing condition upon compliance by Purchaser with the terms of the contract, and in such event Seller shall be released and relieved from any duty and r obligations to make such title good and marketable. 4. CONVEYANCE. Seller agrees to convey title to Purchaser by a good and sufficient statutory Warranty Deed, and if personal property is included, same shall be conveyed by proper Assignment or Bill of Sale, all real and personal property to be free and clear of all liens, judgments, and encumbrances except, taxes for the current yeàr, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by Seller. Seller shall make and deliver to Purchaser a Mechanic's No-Lien Affidavit as to realty and an Affidavit as to no liens or encumbrances of any personal property. 6. PRORA TrONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the Seller. 7. RISK OF LOSS. Seller assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. Seller shall deliver possession to Purchaser at the closing. 9. CLOSING. The closing shall be on or before JULY 20. 2004 at which time all monies due to be paid ~ '-tI hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the Purchaser, subject to possessory rights and tr'0rtgagees of record. 10. r PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by Purchaser and Purchaser shall notify Seller in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a , reasonable attorney I s fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAULT. If Seller fails to perform hereunder without fault of the Purchaser, all monies paid hereunder shall be returned to the Purchaser upon demand but Purchaser shall not thereby waive any right or remedy he may have because of such default of Seller. If Purchaser fails to perform hereunder without fault' of Seller, all monies paid hereunder may be retained by Seller as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 14. DEED RESTRICTIONS. - - Seller warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the Purchaser, but no such assignment is binding upon Seller until an executed copy thereof is del ivered to the Seller. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. DISBURSEMENT OF PROCEEDS. The Purchaser has elected to have the closing processed through the office of the Title Company issuing Title Insurance. The Title Company or Agent will accomplish disbursement so as to bring the transaction under Section 627.7841, Florida Statutes, to assure 3 \.,1 ...., coverage of the period from the commitment to deed recording, provided delivery of the deed and payment of the purchase price occur in the same day at the same time. 17. RECISION. r Purchaser may rescind this contract if at the time of closing the Selle,r is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. Seller hereby warrants that existing mortgages are in good standing and Seller further agrees to keep t,hem in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtàin a release of the subject property from the mortgage r at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of anyone of the Sellers to execute the deed or any other required document, shall be deemed default of the Seller. 20. OFFER TO SELL. Seller and Purchaser recognize and agree that by signing this agreement first, the Seller is offering to sell the property described in Exhibit "A" to the Purchaser in accordance with the terms and conditions of this agreement. If Purchaser shall fail to approve this agreement within sixty (60) days after Seller signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) Annexed hereto and made a part hereof as Exhibit "c" is a list of all leases, tenancies, and occupancies affecting the rent, expirations, and security deposit if any, with respect to each such tenancy or occupancy, which Seller warrants and represents is true and correct. There are no other leases, occupancies, or tenancies except as reflected in said Schedule, and none will be agreed to prior to closing without Purchaser's consent. True and correct copies of all said leases, if any, have been delivered to Purchoser, and Seller warrants there are no modifications thereof. Unless otherwise reflected on said Exhibit "C", alterations, installations, and other work required to be performed by the Seller under the provisions of any such lease, tenancy or occupancy have been or will, by the date of closing, be completed and fully paid for. No brokerage commission is now due and unpaid in connection with any lease, tenancy, or occupancy or any renewal thereof, nor with any other matter pertaining to the subject property and upon the closing date no such commission shall be due and unpaid. (b) Neither Seller nor the respective tenants nor parties to any of the agreements listed in Exhibits "c" or "D" attached hereto are in default under the terms of said Agreement of instrument. " - ~ ....., (c) Seller has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property other than those set forth in Exhibit "D" attached hereto made a part thereof. Each and every such contract or other instrument listed in Exhibit "D" is a valid, bona fide, and binding agreement entered into by the parties hereof, effected in good faith in an arms- length transaction. True and correct copies of said instruments have been delivered to the Purchaser. and the Seller represents that there are not now and will not be at the date of closing, amendments or modifications or any waiver by any party of any of the provisions thereof. r I (d) None of the tenants on the premises have been given any concession or consideration for the rentcìl of any space applying to any period after the closing; r and no tenants are entitled to any concessions, rebates, allowances or free rent for any period after the closing hereunder. (e) Seller warrants and represents that no other agreements concerning employees engaged· in the operation and maintenance of the subject property or employment contracts exist, except as set forth in Exhibit "E" attached hereto, copies of which agreements have been delivered to the Purchaser. (f) Annexed hereto and made a part hereof as Exhibit "F" is a list of all policies of insurance now in full force and effect with respect to the property giving the company, amount and type of insurance, policy expiration date, premium and other relevant information delivered to Purchaser true and accurate copies of all said policies and the premium shall be prorated as of the date of closing. (g) Seller agrees with Purchaser that from and after the date hereof and prior to closing, Seller will not enter into any lease or agreement or any modification of any existing lease of agreement pertaining to the subject property without the written consent of Purchaser. (h) All of Seller's representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of Seller involving action or performance by Seller prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action, should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, Seller shall at its sole cost and expense defend against such claim or cause of action, and hold Purchaser harmless therefrom, which shall include, but not be limited to, Seller's retaining such attorneys or other persons as may be required to fulfill this indemnification. (i) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereto and Seller has received no notice of any such violation. Seller shall deliver to Purchaser any such notice received prior to or after closing. If any of the representations of Seller contained in this paragraph are inaccurate 5 '-' """ at the present time or as of the date of closing, Purchaser may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude Purchaser from seeking specific performance of Seller's obligations hereunder so as to rectify any misrepresentation made by Seller herein. r , 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. In the event that, between the effective date of this Contract and the clösing of the transaction contemplated herein, environmental contamination of the Property has resulted or is discovered, the Purchaser, at its sole option, may elect to terminate this Contract without further liability. Should the Purchaser elect not to terminate this Contract, Purchaser shall be entitled to an appropriate adjustment in the purchase price based upon r the estimated cost of clean up of the environmental contamination. In the event that environmental contamination is discovered after closing, Seller shall remain obligated, with such obligation to survive delivery of the deed and possession, to diligently pursue and accomplish the clean up of any environmental contamination where the event(s) alleged to have caused the contamination occurred prior to closing in a manner consistent with all applicable laws, rules, regulations and ordinances and at Seller's sole cost and expense. In addition, Seller represents that the ground water in Sellers cone of influence is not contaminated. Seller shall indemnify and save harmless and defend Purchaser, its officers, servants, agents and employees from and against any and all claims, suits, actions, damages, liabilities, expenditures or causes of action of whatsoever kind arising from the environmental contamination. Seller shall defend, at its sole cost and expense, any legal action, claim or proceeding instituted by any person against the Purchaser as a result of any claim, suit, or cause of action for injuries to body, life, limb or property for which the environmental contamination is alleged to be a contributing legal cause. Seller shall save the Purchaser harmless from and against all judgments, orders, decrees, attorney fees, costs, expenses and liabilities in and about any such claim, suit, investigation or defense thereof, which may be entered, incurred or assessed as a result of the foregoing. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. -' ~ ....." IN WITNESS WHEREOF. the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this '1-t~ay of \/tJN' .2004. r , NEHME HOLDINGS. LLC ~ ~~ -~ Wit~ess -t("-rUL~ V rfI), ß~~, Witness ß(L1AA) Mt.1iA.I6s~t By: djj,/L~ ()Áv ì () J.¡f trI f1^- t 7fl.Ll.r1tl /I'Il£JI/}&A; T . Title: [ CORPORATE SEAL ] ST A TE OF FLORIDA COUNTY OF.fT. WU6 The foregoi"9 instrument wos acknowledged before me this t¡'J},day;t fj.Æ . . 2004, by -.f]fJVltJ f/alhN7 .' as -¡jlUfttf- In IotA/I for NEHME HOLDINGS. LLC who is personally knoW!! to me or who h¿s produced a Drivers License issued within the last five years as identification. (NOTARY PUBLIC) . a""""" Brion E. Mekarskl :.:.' ~~ MY COMMISSION # DD08782'1 EXPIRES ~o o~g February 9, 2006 ',7 ° ,.0 ''<1.;'.' BONDED 1HI1U TROY fAIN INSUI1ANCE. INC. "',Hr.'lff,'" D~ Notary Public ~Q {Print. Type or Stamp Name of Notary My ,Commission Expires: EXECUTED by PURCHASER this _ day of .2004. ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY. FLORIDA BY: DEPUTY CLERK CHAIRMAN 7 r , ~- -- '-' """ APPROVED AS TO FORM AND CORRECTNESS County à ttorney - - -- .~ ~ EXHIBIT "A", LEGAL DESCRIPTION . -- r LEGÀL DE~CRIP~JON PARCEL 106 . I I BEING A PORT10N OF LOT 97. . WH 1 T E "(fTY S U'B 0 1 V J S ION. AS RECORDED 1 N PLAT BOOK I . PAGE 23. PUBL1C RECORDS OF . S T. LUCIE COUNTY. FLORIDA. LYING 1 N THE SOUTH HALF OF THE SOUTHEAST OUARTER OF THE NORTHEAST OUARTER OF SECTJON 5, . . TOWNSH I P 36 SOUTH, RANGE, £10 EAST AND BEING MORE . ' PART1CULARLY DESCRIBED AS FOLLOWS: ' , COMMENCING AT A FOUND PK NAIL 8 WASHER STAMPED "PCP LB428·6" AT THE EAST OUARTER CORNER OF SA1D SECTION 5; , THENCE N OR THO 0 ° I .:1 ' 5 0 " WE 5 TAL 0 N G THE E A S T L 1 N E OF - THE NOR THE A ST I OUARTER OF SAID SECTION 5, A DISTANCE OF 59.30 FEET (BEARINGS ARE BASED ON SA1D EAST LINE OF T~E NORTHEAST o U ART E R - 0 F S E C T 1 0 N 5 AND ALL O,T HER B EAR I N G S S HOW N HER EON ARE R E L A T 1 Y E ,T HER E TO) ; THE N C E SOU T H 8 9 0, 4 5 ' I 0" WE S T DEPARTING SAiD EAST ~JNE. A DISTANCE OF ?3.00 FEET TO THE1NTERSECTION OF THE EXISTING WEST RIGHT OF WAY LJNE OF STATE. ROAD 61,S (SOUTH 2.5TH. STREET) TOGETHER W.ITH THE EXISTIN~ NORTH RIGHT OF WA~ LINE OF STATE ROAD 712 (MI DWAY ROAD); THENCE NORTH ODD 33' 42 " WEST ALONG SAI D WEST R 1 G H T OF WAY L I N E OF S TAT E R 0 A D 6 I 5 (S 0 U T H 2 5 T H .' S T R E E T ), A D1STANCE OF 200.00 FEET TO THE INTERSECTION THEREOF W1TH THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCR1BED IN OFF1CIAL RECORD BOOK 676, PAGE 139 AMONG SAID PÚBL1CRECORDS OF ST. LUCIE COUNTY, 'SA1D INTERSECTION ALSO BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL 105; THENCE CONTINUE NORTH 00033'':¡2'' WEST ALONG SAID WEST R1GHT OF WAY L1 N E . A'D 1 S TAN CEO F 3 4 .:¡ . 1 9 FEE T ; THE N C E SOUTH 13009'25" WEST DEPARTING SAJD WEST RIGHT OF, WAY LINE. A DJSTANCE OF 53,1.:1 FEET; THENCEÍ, SOUTH 0 0 ° 2 I '3 3" E A ST. A ,D 1ST A N C E OF 2 .:1 . 7 6 FEET; THE N C¢ SOUTH 010/2'2.:1" EAST, A DISTANCE OF 267.76 FEET TO TH~ NORTH LINE OF SA1D OFFIC1AL RECORD BOOK 676, PAGE 139¡. THENCE NORTH 89~50'5~" EAST, ALONG SAJD NORTH LJNE A D1STANCE OF 9.67 FEET TO THE POINT OF BEGINNING., CONTAJN1NG 3632 SOUARE FEET OR 0.083 ACRES MORE OR LESS. - ~i EXHIBIT "B" IMPROVEMENTS OTHER THAN BUILDINGS r i NjA 10 "wII ~ r I ~ EXHIBIT "c" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES JJ)A II .. - '-- ~ EXHIBIT "D" CONTRACTS, LICENSES AND AGREEMENTS r , , fJ)A 12 - - .....- - ",. '.,I' EXHIBIT "E" OPERATION. MAINTENANCE AND EMPLOYMENT AGREEMENTS r , ~)A 13 - - - "" EXHIBIT "F" POLICIEs OF INSURANCE r , JJ)A G: \ACQ\ WP\J oAnn\25th Street\Florido Coast Investors\Contract2. wpd 14 ~ - , # ... '--- - - -- - , !\ ......,. ~ '" AGENDA REQUEST ITEM NO. C5E DATE: June 15, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Midway Road/Glades Cut-Off Intersection Improvements Rinker Materials Corporation - Tax I.D. No. 3301-131-0000-010-9 (part of) Easement Acquisition Agreement and Permanent Easement BACKGROUND: Please see an attached memorandum FUNDS AVAILABLE: Funds will be made available in: 315-4115-561007-410045 (County Building Fund - Engineering/Public Works) PREVIOUS ACTION: N/ A RECOMMENDATION: Staff recommends that the Board approve the Easement Acquisition Agreement with Rinker Materials Corporation with an actual cost not to exceed FIFTEEN THOUSAND SEVEN HUNDRED and 00/100 DOLLARS ($15,700.00), authorize the Chairman to execute the Easement A cquisition Agreement, authorize the Chairman to sign Reso ution No. 04-179 accepting the Permanent Easement and direct staff to record the documents in the Public Records of St. Lucie County, Florida. MJ APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 co:~ Douglas Anderson County Administrator COMMISSION ACTION: .:f yvd- Review and Approvals [XX] Public Works Director~ ., [ ] Road & Bridge: [XX] County Engi neer: MVP [XX] County Attorney: ~/ [XX] Originating Dept,: [ ]OMB: Finance: (Check for Copy only, if applicable) Eft- 5/96 G:\ACQ\ WP\J oAnn\Rinker\Agenda Request,wpd ~ ......., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: June 15, 2004 SUBJECT: Midway Road/Glades Cut-Off Intersection Improvements Rinker Materials Corporation - Tax LD. No. 3301-131-0000-010-9 (part of) Easement Acquisition Agreement and Permanent Easement BACKGROUND: St. Lucie County is presently constructing intersection improvements at the Midway Road/Glades Cut-Off intersection. The improvements consist of ponds for stormwater run off detention prior to discharging into the North St. Lucie River Water Control District Canal No. 103, pavement widening, including turn lane additions and intersection improvements. The Engine ering Division requested the acquisition of a Permanent Easement from Rinker Materials Corporation. Rinker Materials Corporation agreed to donate the land shown in the attached Permanent Easement if the County would reimburse them for the costs incurred to relocate their lift station. The Permanent Easement will allow ingress, egress, maintenance and installation of drainage and utility facilities, the placement, operation and maintenance of a signalization mast arm and control box. RECOMMENDATION: Staff recommends that the Board approve the Easement Acquisition Agreement with Rinker Materials Corporation with an actual cost not to exceed FIFTEEN THOUSAND SEVEN HUNDRED and 00/100 DOLLARS ($15,700.00), authorize the Chairman to execute the Easement Acquisition Agreement, authorize the Chairman to sign Resolution No. 04-179 accepting the Permanent Easement and direct staff to record the documents in the Public Records of St. Lucie County, Florida. Respe G: \ACQ\ WP\J oAnn \Rinker\Agendo Memo,wpd ~ ........, Page 1 of 2 ST. LUCIE COUNTY EASEMENT ACQUISITION AGREEMENT THIS AGREEMENT is made by and between RINKER MATERIALS CORPORATION, a Florida Corporation. whose address is 1501 Belvedere Road, West Palm Beach, Florida 33406 hereinafter referred to as DONOR, and ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue. Fort Pierce, Florida 34982, hereinafter referred to as COUNTY, for the use and benefit of the residents of St. Lucie County, Florida. WITNESSETH For and in consideration of the mutual covenants and conditions herein contained, DONOR hereby agrees to donate the land shown in Exhibit "An in the attached Permanent Easement (a portion of Parcel 1.0. No. 3301-131-0000-010-9) and the COUNTY hereby agrees to reimburse DONOR for the costs incurred to relocate DONOR's lift station not to exceed $15,700.00. I. DESCRIPTION (a) Real estate or interest therein Fee Simple [xxx] Permanent Easement Temporary Construction Easement Leasehold Interest Personal property identified as follows: (b) II. RELOCATED IMPROVEMENT PRICE (a) Amount to be paid by COUNTY to DONOR upon completion of the relocation of the lift station. COUNTY shall reimburse DONOR within 30 days upon receipt of invoice for the relocation of the lift station. The relocation of the lift station will be coordinated with St. Lucie County Engineering Division, Community Asphalt Corp. and American Consulting Engineers of Florida. actual cost not to exceed - $15.700.00 TOTAL PRICE actual cost not to exceed - $15.700,00 III. CONDITIONS AND LIMITATIONS (a) It is mutually understood that execution of this Agreement by DONOR constitutes conditional acceptance and is subject to Board of County Commission acceptance. Final Board acceptance shall denote final approval of the price and all terms and conditions contained in this Agreement and constitutes the effective date of this agreement. A closing on this contract shall not be transacted prior to final Board acceptance. Notice of final Board acceptance shall be evidenced by the signature of the COUNTY in Section VI. (b) DONOR is responsible for all taxes due and owning on the property. (c) Any extension of acceptance beyond the date of closing must be authorized by the COUNTY in writing. (d) It is mutually understood that this property is necessary for transportation purposes. ~ '-" Page 2 of 2 IV. CLOSING DATE [xxx] This transaction shall be closed and the Permanent Easement delivered within 60 days of the final Board acceptance. This transaction shall be closed and the receipt of warrant acknowledgment delivered within 60 days of the date of final Board acceptance. V. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions inserted herein or attached hereto as Addenda, and initialed by all parties, shall control all printed provisions in conflict therewith. All addenda, whether typewritten or handwritten, attached hereto must be referenced and initialed in this section. In addition, all addenda must be signed by both the DONOR and COUNTY. VI. IN WITNESS WHEREOF, THE DONOR AND COUNTY have caused these presents to be executed in their respective name(s). DONOR RINKER M~TER~PORATION' A FLORIDA CO 7iTION BY t¡¡) ~+R I L+< ~ +Ã-~ A-N Name (Please Type or Print) COUNTY S1. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BY: Name (Please Type or Print) ITS ¡)/t£ ~~ibpM± - f1ell£>Tl~tJS n~-I-€.RI Ä-U ¡UiS/DN .":,~';:'~"';. "',' [CORPORATE SEAL] .-,f~'>~~·.::'·'· . ~., . '.;) "', . ',' c / ~'> ~:,:;: ;, .. .-.J .... :.,. ..; :' ~~.¡,_:; r '~:., ,.r.<", '" ~ ..,~:~,.~ þ> ~ ~~#'._....~~~.-;.- ":f. ~./ .'~# ·.......·~~oJ""~ ..,J '," . APPROVED AS TO FORM AND CORRECTNESS BY: COUNTY ATTORNEY ATTEST: r j '" ,_,,~ .....~.... DEPUTY CLERK G :\ACQlWPIJoAnnIRinkerIPurchase Agreement. wpd '--' .~ RESOLUTION NO. 04-179 A RESOLUTION ACCEPTING A PERMANENT EASEMENT FOR THE MIDWAY ROAD/GLADES CUT-OFF INTERSECTION IMPROVEMENTS ON BEHALF OF ST. LUCIE COUNTY. FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County. Florida. that: The foregoing PERMANENT EASEMENT is duly accepted on behalf of St. Lucie County this 15th day of JUNE. 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney G: \ACQ\ WP\JoAnn \Rinker\Resolution 04-179. wpd \...øI ....." This instrument prepared by: JoAnn Riley under direction of Daniel S. McIntyre, County Attorney St. Lucie County 23~? Virginia Avenue Fort Pierce, Florida 34982 PROJECT: FROM: PARCEL LD.: Midway Road/Glades Cut-Off Road Intersection Improvements Rinker Materials Corporation 3301-131-0000-010-9 (part of) PERMANENT EASEMENT THIS PERMANENT EASEMENT, made this day of ,2004, by RINKER MATERIALS CORPORATION, a Florida Corporation, whose address is 1501 Belvedere Road, West Palm Beach, Florida 33406, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as GRANTEE. WITNESSETH That the grantor for and in consideration of the sum of One ($1.00) Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the grantee, its successors and assigns, a Permanent Easement for the purpose of ingress, egress, maintenance and installation of drainage and utility facilities, the placement, operation and maintenance of a signalization mast arm and control box upon the following described land in St. Lucie County, Florida: SEE ATTACHED EXHIBIT "Au TO HA VE AND TO HOLD the same unto said grantee, its successors and assigns forever, and the grantor will defend the title to said lands against all persons claiming by, through or under said grantor. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. ~ Signed, sealed, and delivered in our presence as witnesses: d~,~../ WITNESS ~0ft-(èù.0 ~+Ep~R~ (Print Name) ~~<M~~~ '\'(\Â'~GRRGí G~n\Il\L (Print Name) ~ ~,..-- .,........'!...;U'4; .,' "'.: ,r .'. -~... .....~ ~ '. ~. -. " R . i' ~ '<" r?¿' ..... ~~ . . , ' - . ,~ . - ,-'- :: ,- '~"" 'f......'·'-,,;·;,... "" 'f STATE OF FL~IDA ~ COUNTY OF eJ-. vn '\ . J-.. The fore oin~ instru~nt was acknowledged before m~ thi~ 7M day of ,{l¡2J)jj} , 2004, by 'O:/r/cK ,J. RJ On ,as ~Cé' -ril.5ic/Ld -Of)(~'IoIr{)1£ of RINKER MATERIALS CORPORATION, a orida 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 ........." PAMELA A BUGH .~,\iI'i'.t~~ . ~..: '.~\..ª MY COMMISSION # DD 252361 ~'~~~'<j EXPIRES: December 27,2007 "'~¡¡f.,'f,.'(...' Ba1ded ThnJ Notal}' Public Underwriters G; \ACQ\ WP\J oAnn\Rinker\Permanent Easement.wpd ~Ih () viL . Notary Public /b;œ/a J]/;q/J (Print, Type or St~mp Name of Notar~J Commission No: J}(J d5¿}3 (ç / My Commission Expires: Jje(l. d7r dmJ 2 n '- c ::¡ ~ c o :.: l .= 13 ¿. " .!! Õ il: .; -= POINT OF COM"'EN~ENT (THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD WITH THE NORTH RIGHT-OF-WAY LINE OF MIDWAY ROAD) fE" m ..J ð ~'/ -:-...; ~~ C~ 1/ G o~ f?;;~ ~ ~« o~ ~~ ,,~ ffiG / 04. ~ v ~'-' " ~. ~ ~ ~ ~<v /. v~ /:.;)~ ~ Æ> -«;~ ~ ~ ~ ~{cp'?' Cy D ~/ /:.;)~ ~'V ~ 0 }J <V'?' ~ R> ,¡:: ~ r>¡,0 / ~G# ~ / 4' ~a ~ r<v~<v \, \~ r:p ~-y; \~~ / ~.~ / POINT OF \,?>~ BEGINNING \ f L2 UTILITY, SIGNALIZATION, INGRESS AND EGRESS EASEMENT ~ NORTH RIGHT-OF-WAY '1 L4 LINE OF MIDWAY ROAD ~ in I") 204+00 2 5+00 E c to N r:.: n o o N S89°52'25"E 990.30' (BEARING BASE) 203+00 'L1 b r-... SURVEY BASELINE S89°52'25"E ! CITY OF PORT ST. LUCIE LIMITS EAST-WEST QUARTER SECTION LINE OF SECTION 1 "-"-"-"-"-"- LANAL RIGHT-OF-WAY LINE (CANAL 103) - - -- Ibt-I! COt..SU¡,TI~S CIVIL ENGINE!:RS. SURVEYORS 6: ~ .. JUIr.f7Wf':1 ,'for lk."1JUa. INC. Val". 1J)¡' 1J4l~£gn" 3550 S.W. Corporate Par1cway, Palm CIty, Aorida 34990 \172) 286-3883 fax: (772) 286-3925 BPR a: FBPE Ucenae No: 959 www.lbfh.com Scale: 1 "=40' Sheet 1 Of 2 Computed: G.G. Checked: C.H.K. C> ,. '! o ..J " ..J o ¡; 0- Lf) '" /' .r:: 1:) " -'< tI) /' >. " ~ " "'- /' o o o I Lf) '" /' Ii: MIDWAY ROAD (STATE ROAD NO. 712) (PER STATE OF FLORIDA, STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION 94530, LAST REVISED SEPTEMBER 1960) ~ 1< ~ ¡:r¡ < ~ 0'- o ,Z - ¡:r¡ o E-4 NOTE: SEE SHEET 2 OF 2 FOR LINE AND CURVE TABLES "-"-"-' SECTION 1 TOWNSHIP 36 SOUTH RANGE 39 EAST THIS IS NOT A SURVEY PROJECT NAME: SKETCH AND DESCRIPTION· FOR: UTILITY, SIGNALIZATION, AND INGRESS AND EGRESS EASEMENT (RINKER ENTRANCE) REVISIONS: Field Book: N / A Date 03- 28-03 Field: N / A Page: N/A FILE NO. 95001 OLGLD1 .dwg Project No. 95-0010D ¡; E c z . , , " Curve Table ~ --" CURVE RADIUS .,~ LENGTH TANGENT CHORD 8E~G DEL T A C1 53.00' 55.08' 30.32' 52.63' N 3017'48" E' 59'32'22" C2 53.00' 82.87' 52.62' 74.68' S 45'04'53" E' 89'35'06" Ù Line Table oS Line Bearing LENGTH if II] L1 NOO'03'22"E 10.10' ..J L2 S89'56'38"E 26.57' I L3 NOO'31'37"E 9.93' L4 S89'51'04"E 59.86' E L5 SOO'17'20"E 9.92' 0 0 r<') L6 SOO'07'3S"W 3.00' ,:.: I L7 N89'S2'24"W 166.01' r<') 0 0 N - ;;:; "- LEGAL DESCRIPTION 0 ::; ] BEING AN EASEMENT FOR UTILITY, SIGNALIZATION, AND INGRESS AND EGRESS PURPOSES, 0 0 I LYING OVER A PORTION OF SECTION 1, TOWNSHIP 36 SOUTH, RANGE 39 EAST, ST. LUCIE :><: COUNTY, FLORIDA; SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: .!. .!: COMMENCING AT THE POINT OF INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF THE u >. FLORIDA EAST COAST RAILROAD (A 200 FOOT WIDE RIGHT-OF-WAY) WITH THE NORTH II] -0 RIGHT-OF-WAY LINE OF MIDWAY ROAD (STATE ROAD NO. 712) (A 70 FOOT WIDE ~ 0 RIGHT-OF-WAY), SAID INTERSECTION IS SHOWN ON THE STATE OF FLORIDA, STATE ROAD il: I DEPARTMENT RIGHT-OF-WAY MAP FOR MIDWAY ROAD, SECTION 94530, LAST REVISED SEPTEMBER 1960; PROCEED SOUTH 89'52'25" EAST, ALONG SAID NORTH RIGHT-OF-WAY '" LINE, A DISTANCE OF 990.30 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00'03'22" ~ ~ ;; EAST, DEPARTING SAID NORTH LINE, A DISTANCE OF 10.10 FEET TO A POINT ON A ..J g NON- TANGENT CURVE THROUGH WHICH A RADIAL LINE BEARS NORTH 29'56'01" WEST, SAID 0 0 CURVE BEING CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 53.00 FEET; THENCE 0 LO NORTHEASTERL Y ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 0> /' .c 59'32'22", AN ARC DISTANCE OF 55.08 FEET TO THE POINT OF TANGENCY; THENCE NORTH .B " -" 00'31 '37" EAST, A DISTANCE OF 9.93 FEET; THENCE SOUTH 89'51'04" EAST, A DISTANCE OF , >, 59.86 FEET; THENCE SOUTH 00'17'20" EAST, A DISTANCE OF 9.92 FEET TO A POINT OF " ~ ::J CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 53.00 FEET; ~ 0 THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF ;; 10 89'35'06", AN ARC DISTANCE OF 82.87 FEET TO A POINT ON A NON-TANGENT LINE; THENCE i I 'LO ~ SOUTH 00'07'35" WEST, A DISTANCE OF 3.00 FEET TO A POINT ON SAID NORTH è.: ;; RIGHT-OF-WAY LINE; THENCE NORTH 89'52'24" WEST, ALONG SAID NORTH RIGHT-OF-WAY E LINE, A DISTANCE OF 166.01 FEET TO THE POINT OF BEGINNING. 0 z '" c: "¡ SAID PARCEL CONTAINING 0.13 ACRES, MORE OR LESS. 0 0 THIS IS NOT A SURVEY © 2003 LBFH Inc. PROJECT NAME: BEARING BASE: THE SOUTH RIGHT-OF-WAY LINE SKETCH AND DESCRIPTION FOR: OF MIDWAY ROAD IS TAKEN TO BEAR SOUTH UTILITY, SIGNALIZATION, AND INGRESS AND 89'52'25" EAST, AND ALL OTHER BEARINGS SHOWN EGRESS EASEMENT (RINKER ENTRANCE) HEREON, ARE RELATIVE THERETO. Ib'h CONSULTING CML ENGINEERS, Scale: N/A REVISIONS: SURVEYORS ~ MAPPERS . "lbrl1wfos For RuuUa, Sheet 2 Of 2 Field Book: N/A Page: N/A Field: N/A INC. Yal,. /J¡¡ lJ.rign." 3550 SOW. Corporate Partcway, Palm CIty, F10rida 34990 Computed: G.G. Date RLE NO. Project No. (772) 286-3883 Fax: (772) 286-3925 Checked: C.H.K. 03-'28-03 95OO10LGL01.dwg 95-0010D BPR c!t FBPE Ucen.. No: 959 www./bfh.com - \ AGENDA REQUEST "'" ITEM NO. Cý \w DATE: June 15, 2004 REGULAR PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Cultural Affairs PRESENTED BY: Jon Ward SUBJECT: Approve Resolution 04-162 recognizing funds in the amount of $3,820 from the Institute of Museum and Library Services (IMLS) Museum Assessment Program Grant. BACKGROUND: Funding from the Museum Assessment Program grant in the amount of $3,820 will provide the S1. Lucie County Museum with evaluation services by IMLS. "The institutional assessment supports an evaluation of the management and operations of the entire museum and helps the museum set priorities, prepare for strategic planning, and operate more efficiently, thereby improving its services to the community and increasing its base of support. " FUNDS AVAILABLE: Matching funds of $550 are available in Fund 001-7310-563005-700. PREVIOUS ACTION: On November 25,2003 the Board authorized the Cultural Affairs Director to sign an application and assurances for the IMLS Museum Assessment Program grant, which requires a match of $550. RECOMMENDATION: Staff recommends that the Board approve Resolution # 04-162 in the amount of$3,820 as funding from the Institute of Museum and Library Services Museum Assessment Program. IX1 APPROVED [] DENIED [ ] OTHER: Approved 5-0 ;1!J-- Doug Anderson County Administrator COMMISSION ACTION: County Attorney: XX " Coordination/Signatures Management & Budget: ~ \\.\ìlfurchasing: Other: Cultural Affairs: XX Finance: (Check for Copy only, if applicable) G:\BUDGElìWP\AGENDA'S\AGENDA04\6'S IMLS RESOLUTION 04-162.DOC - "-' ...¡ RESOLUTION NO. 04-162 WHEREAS, subsequent to the adoption of the budget for the St. Lucie County Board of County Commissioners, certain funds not anticipated at the time of adoption have become available from the Institute of Museum and Library Services in the amount of $3,820 as additional funding for the professional improvement of the St. Lucie County Museums. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 15th day of June, 2004, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2003-2004, and the budget for the St. Lucie County Board of County Commissioners is hereby amended as follows: REVENUES 001169-7910-331711-700 Office of Library Services $3,820 APPROPRIATIONS 001169-7910-534000-700 Other Contractual Services $3,820 After motion and second the vote on this resolution was as follows: Commissioner Paula A. Lewis, Chairperson Commissioner John D. Bruhn, Vice Chairperson Commissioner Doug Coward Commissioner Frannie Hutchinson Commissioner Cliff Barnes xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 15th DAY OF JUNE, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY r g.>.~ ~ 9'.: iiIIII.: .: " ?~q'IIOR~'t-" INSTITUTE (Jf MUS E U M and LIBRARY SERVICES - ....., ,.¡ April 27, 2004 Iva Jean Maddox Director St. Lucie County Historical Museum 414 Seaway Drive Fort Pierce, FL 34950 Dear Ms. Maddox: IM-03-04-0 1 09-04 Congratulations! The Institute of Museum and Library Services (IMLS) is awarding your museum a 2004 Museum Assessment Program: Public Dimension Assessment (N1AP) grant. You are about to undertake an important step in improving your museum's professional operations. In the 23 years of the Museum Assessment Program, almost 3,500 museums have benefited from this important tool. MAP provides valuable peer consultation that helps museums to cope with change and provides thoughtful suggestions that lead the way to future success. IMLS will send your MAP grant funds to you by electronic funds tranSfer. To receive your grant funds, you must complete the infonnation on the enclosed Am Enrollment Fonn and return it to IMLS by June 7,2004. Instructions concerning the completion of the Form are located on the reverse side of that page. Please note that even if you were awarded IMLS grants in the past, IMLS still needs to receive an Am Enrollment Form with your current banking information. Also, due to the delay of IMLS receipt of mail delivered by the U.S. Post Office, please fax the Am Enrollment Form to IMLS at (202) 606-0395. If you fax the Fonn, please do not send a hard copy of the Fonn to us. IMLS deposits the grant funds into your account approximately seven business days after receipt of your Am Enrollment Form. You should note the following as you begin the MAP process: · Please keep the enclosed Official Award Notification document for your records. · The Scope of Work section of the Official Award Notification explains the proper expenditure of the MAP fW1ds. · In order to meet cost-share requirements, your institution is expected to pay for a portion of the administrative fee. You cannot use the IMLS grant fW1ds to pay this cost-share. · The grant period is May 1, 2004 to April 30, 2006. All MAP activities, including the expenditure of MAP implementation funds to fulfill the MAP Sœveyor recommendations, must be complete within this time period. · You are receiving this award based on the information you provided in your grant application. You must immediately report to IMLS in writing any substantial changes in your organization or operations since your submission of the application, or any A Frdual agrnc.y raving the public by JtTfllgthrning mu.«ums 6- librûTirj ]]00 PmnrylvlInia Avmue. NW'. \t/újhington. DC 20506. Phone: 202-606-8536· Fax' 202-606-8591 - '''-' .I t changes during the grant period that may affect the future eligibility statuS of your institution. . If you have any questions about your institution's cost-sharing requirerrents, or arnmgerrents for the on-site visit, please contact: MAP Office American Association of Museums (AAM) 1575 E~ Street NW, Suite 400 Washington, DC 20005 (202) 289-9118 map@> aam-us.org If you have any questions about receipt of the MAP funds from IMLS, please call the IMLS Grants Administration Office, at (202) 219-3684, or you may e-mail the Office at grantsadmin@imls.gov. I hope you will benefit fully through participation in the Museum Assessment Program. Sincerely, ~~ :Mary Estelle Kennelly Associate Deputy Director for Museum Services Enclosures cc: MAP Office, American Association of Museums ~ ~.~m.'";¡r~ ~ 'v. ItJI! 4!i!J 0: "... ,,'" ....lI8R"ç.~ ~ Institute of Museum and Library Services ...I Official Award Notification for Grants and Cooperative Agreements Awardee Name and Address St. Lucie County Historical Museum 414 Seaway Drive Fort Pierce, FL 34950 Date of Award April 07, 2004 Award Number IM-03-04-0109-04 Official Contact Iva Jean Maddox 414 Seaway Drive Fort Pierce, FL 34950 Award Period From May 01, 2004 To April 30, 2006 Program Name Museum Assessment Program CFDA Number 45.302 Award Amount $ 3,820.00 Award Amendments List 04/07/2004 $3.820.00 Original Award Granted Project Type Public Dimension Scope of Work and/or Special Conditions 1. This grant shall be administered by the Project Director in accordance with 45 CFR 1180 Subpart C, including any amendments in effect on the date of this award. 2. Payment of this award will be issued approximately seven days from receipt of the ACH Form. 3. Expenditure of funds under this award must be made as follows: Administrative Fees: $1,470.00 Surveyor Honorarium: $ 600.00 Surveyor Travel: $1,450.00 Implementation Funds: $ 300.00 4. Questions concerning payment of this award should be directed to the IMLS Grants Administration Office, either by e-mail at grantsadmin@imls.gov or by telephone at (202) 219-3684. Questions concerning program coordination should be directed to the American Association of Museums MAP Office, 1575 Eye Street NW, Suite 400, Washington, DC 20005, bye-mail map@aam-us.org or by telephone at (202) 289-9118. IMLS Authorizing Official S;gnature ~ ~ Name and Title Mary Estelle Kennelly Associate Deputy Director for Museum Services '-", -4 f AGENDA'REQUEST ITEM NO. C-12A- DATE: November 25, 2003 CONSENT [X REGULAR PUBLIC HEARING [) Leg. [ Quasi-JD. [ TO: Board of County Commissioners SUBMITTED BY (DEPT): CUltural Affairs Council PRESENTJ?~ . Bt : Jon Ward ' ~ Cultural ffairs Council Director / SUBJBCT: BACKGROUND: FUNDS AVAIL. : PRBVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [x] [ ) Approved (5-0) APPROVED OTHER: COWlty Attonley. 9'Y' Originating Dept, ._,~~~ Pinance. (cop!.. ~)' AgeUr2002.doc Authorize the Cultural Affairs Council Director to sign the grant application for the Institute of Museum and Library Services Museum Assessment Program and to make the assurances as required by the application guidelines_ ~ Funding of $2,325 from this grant will provide the St. Lucie County Museum with evaluation services by the Institute of Museum and Library Services. "The institutional assessment supports an evaluation of the management and operations of the entire museum and helps the museum set priorities, prepare for strategic ,planning, and operate more efficiehtly, thereby improving its services to the ~ommunity and increasing its base of support." The evaluation can be conducted over a period of two year8. A 8pecialist a8signed by the Institute of Museum and Library Serv~ces will conduct the asses8ment. A match of $550 i. required. The grant application requires the applicånt to make customary assurances necessary for a federal grant. The8e assurances are attached. " Matching funds of $550 will be required. These funds are available in Fund 001-7310-700-563005. Thel'Museum received a similar grant in the late 1980's. assessment is not currently relevant. This Staff recommends the Board authorize the Cultural Affairs Council Director to sign the application and assurances for the Institute of Museum and Library Services Museum Assessment Program. DBNIBD / Do g as Anderson County Administrator coordination/Signa~~" / Kgt . BUdget,·~1JJIIflJlJ/ Public Morlte. Purchlae ill j . Other. -- , AGENDA REQUEST 'wi ITEM NO. '1- '. Æ- ". '-' DATE: June 15,2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: PERMISSION TO GO OUT FOR RFP TO: PROVIDE PREVENTATIVE MAINTENANCE SERVICES AND VEHICLE WASHING FOR THE LIGHT FLEET. BACKGROUND: In an effort to continue providing proper care and maintenance on our light fleet, staff is requesting permission to solicit Request For Proposals to provide a preventative maintenance service and vehicle washing service for the light fleet. Convenience, as well efficiency will result from these services and will be cost effective for St. Lucie County. (Please see attachments) FUNDS AVAIL: 001-1920-546006-100 (Equipment Maintenance-Sublet) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve staffs request for permission to go out for RFP to provide preventative maintenance services and vehicle washing for the light fleet. MISSION ACTION: nt APPROVED [] DENIED [ ] OTHER: CONC"NCE: ¿~ Doug Anderson County Administrator Purchasing Mgr.: ¿ ~ , Approved 5-0 //, County Attorney: ~ _ Originating Dept: ( _~ordination/Signatures Mgt. & Budget: Other: Other: Finance: (Check for Copy only, if Applicable) Eff. 1/97 H:\AGENDA\AGENDA-FLEET CARE & WASH.DOC - " ~ ...., ; PM SERVICE-LIGHT FLEET ITEMS TO BE ADDRESSED IN PROPOSALS 1. WE NOW PERFORM PM SERVICES @ 3,000 MILES OR EVERY 6 MONTHS, wmCHEVER COME FIRST. WE PERFORM THE FOLLOWING- 2. CHANGE ENGINE OIL, CHANGE ENGINE OIL FILTER (NOW USE 15W-40 RATED OIL)(NOT A SYNTHETIC OR SYN-TECH BLEND) 3. LUBE CHASSIS AS REQUIRED (MOST NEW LIGHT FLEET VEmCLES HAVE PERMANENT LUBED COMPONETS.) 4. CHECK ALL FLUID LEVELS a. TRANSMISSION, TRANS-AXLE, COOLANT, BRAKE FLUID, WINDSHIELD WASHER FLUID 5. CHECK TIRES a. TIRE PRESSURE b. TIRE CONDITION c. TIRE TREAD DEPTH 6. CHECK BRAKES a. PROPER OPERATION b. PAD / SHOE WEAR (AT TIRE RORATION SERVICE) 7. CHECK BATTERY a. CABLE CONNECTIONS / TERMINALS-CLEAN AND TIGHTEN b. FLUID (IF APPLICABLE) 8. CHECK ALL LIGHTS 9. CHECK FOR BROKEN / CRACKED GLASS AND / OR MIRRORS 10. INSPECT ENGINE BELTS AND HOSES 11. CLEAN WINDSHILED, INSPECT WIPER BLADES 12. AFFIX WINDSHIELD STICKER-DISPLAYING NEXT SERVICE MILEAGE AND DATE ADDED REQUIRMENTS 1. REPLACE FUEL FILTER EVERY 25,000 MILES 2. REPLACE AIR FILER EVRY OTHER SERVICE 3. ROTATE TIRES EVERY OTHER SERVICE, RECORD TIRE TREAD DEPTH (STANDARD PROCEEDURE IS BY 32NDS) 4. INSPECT ALL BRAKES 5. INSPECT FOR DAMAGE- BENT BODY EXTERIOR PARTS (ACCIDENT TYPE) .; . / . WASH "-' 'wi 1 VEmCLES MAINTAINED BY OPERATOR-VARIES BY DEPT. 2 SUGGEST TWICE A MONTH FOR EFFECTED VEmCLES. OPERATOR WOULD STILL MAINTAIN / CLEAN INTERIOR 3 BILLING FOR VEmCLE WASH WOULD GO DIRECTLY AGAINST EFFECTED DEPARTMENTS. SERVICE FACILITY WOULD PROVIDE PROPER BILLING PROCEEDURE. NOT APART OF CENTRAL SERVICES / SERVICE GARAGE OPERATION! 4 PROPER SAFEGARDS SUCH AS ON LINE MONITORING AVAILABLE TO COUNTY. I.E. ABILITY TO CHECK WHEN AND HOW MANY TIMES A PARTICULAR VEmCLE IS WASHED UNDER PROGRAM. -.: "-' "-' , ¡ . Light Fleet Service Sheet Check List for Service Maintenance Vehicle ID # Date Check if OPERA TION Completed Check All Lights [ ] All Fan Belts and Pulley's "- Check [ ] Check Air Filter and Duct Work - [ ] Check Engine PYC System and all Vacuum Hoses [ ] Check PIS Fluid Level [ ] Check Transmission Fluid Level -..r ] Check Radiator Fluid Level and/or Pressure Test (if signs of leaking) [ ] Drain Engine Oil [ ] Change Engine Oil Filter [ ] Grease Unit ^ [ ] Check or Fuel Filter As Needed (every 25,000 miles or two (2) years) [ ] Replace Check Rear and/or Front Differential Fluid Level [ ] Check Brakes - Front and Rear (also check fluid level) [ ] Check Exhaust System [ ] Check Springs, V-bolts and Shock Absorbers [ ] Check Tire Air Pressure and Spare Tire Air Pressure if applicable [ ] Fuel Key Update [ ] Sticker in Windshield [ ] Condition of Vehicle: Poor Fair Good [ ] ----- -------_.- Worker's ID Number Signature Required C Myt,I., Scntt-Lill-hl Fleel \\ ,'<I 03/08/0 I '. .'\ v '-' ..., AGENDA REQUEST ITEM NO. c-7b DATE: June 15, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] ~" ~.'.~ ~ 1 . '~ .,.1;.. - ~ . ~ ~~,.... .. <.:,~.- , ,¡ ~ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: FLORIDA BOATING IMPROVEMENT PROGRAM (FBIP)-REQUEST FROM THE CITY OF PORT ST. LUCIE TO UTILIZE FBIP FUNDS TO CONDUCT A "BOATING ACCESS STUDY". BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 187-7240-563000-700 (Boating Improvement Projects-Improv. OIT Bldgs.) PREVIOUS ACTION: NIA RECOMMENDATION: Staff recommends the Board of County Commissioners approve the request from the City of Port St. Lucie for funding assistance, in the amount of $22,000.00, from the Florida Boating Improvement Program to accomplish a "Boating Access Study", authorize Central Services to oversee the proper use of these funds and authorize the Chair to sign the Interlocal- Agreement as prepared by the County Attorney. Coooty A.om.y' Y Originating Dept:~w)- Finance: (Check for Copy only, if Applicable) CONCM Á - Doug Anderson County Administrator MISSION ACTION: DG APPROVED [] DENIED [ ] OTHER: Approved 5-0 Mgt. & Budget: Purchasing Mgr.: Other: Other: Eft. 1/97 H:\AGENDA\AGENDA-PSL--FBIP.DOC , . '-' -...I MEMORANDUM DEPARTMENT OF CENTRAL SERVICES From: Board of County Commissioners Don McLam, Central Services Assistant Director~l. ~ To: Date: June 9 2004 Subject: City ofPSL - Request for Florida Boating Improvement Program Funds ......................................................................... On June 7, 2004 Central Services received an official request from the City of Port St. Lucie for the use of Florida Boating Improvements Program funds to conduct a "Boating Access Study". This study in part will determine potential locations suitable for public boating access. The Florida Boating Improvement Program rules under the Florida Administrative Code allows for up to 15% of the current unobligated balance to be used for such planning studies. Currently the fund holds $235,542 of which $89,500 was obligated to River Park Marina leaving $146,042 in unobligated funds. At 15% that would come to $21,906.30 in available funds for the "Boating Access Study". Attached is all the information received and sent in reference to this request. With the Florida Administrative Code allowing for this expenditure staff recommends Board approval in the amount of $22,000. CClDouglas Anderson, County Administrator Dan McIntyre, County Attorney Marie Gouin, Management & Budget '-' "" CITY OF PORT ST. LUCIE PARKS & RECREATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . A CITY FOR ALL AGES May 20, 2004 Mr. Don McLam, Assistant Director St. Lucie County Central Services Department 2300 Virginia Avenue Ft. Pierce, Florida 34982 RE: Florida Boating Improvement Program Dear Mr. McLam: With reference to our original letter of request dated August 27, 2003, and your subsequent reply dated September 9t\ 2003, I am requesting funding assistance through the Florida Boating Improvement Program in an amount not to exceed $40,000. Please find the following documentation supporting our request: 1) Copy of original letter of request dated August 27,2003. 2) Copy of your reply dated September 9, 2003. 3) Copy of "Engineering Services Proposal for a Boating Access Study" submitted by Miller Legg & Associates dated April 6, 2004. 4) Copy of April 26th, 2004 City Council Agenda, page 6, Item 13 (c) requesting City Council approval. 5) Draft copy of minutes for April 26th, 2004 City Council meeting showing Council approval of Work Authorization #2 for a Boating Access Study. 6) Copy of City Purchase Order #20040993 to Miller Legg & Associates. 7) Copy of "Notice to Proceed" issued to Miller Legg & Associates dated April 27, 2004. I trust this information is sufficient to allow our request to be processed in a timely fashion. On behalf of the Port St. Lucie Parks & Recreation Department, thank you for your attention to this request. If you have questions, please don't hesitate to call me at (772) 344-4005 during normal business hours. $~ Bradley R. Keen, CPRP Projects Manager City of Port St. Lucie Parks & Recreation Department Cc: R Dyga, Assistant City Manager C. Proulx, Parks & Recreation Director G. Melville, Deputy Director- Parks & Building Maintenance T. Swift-Pollard, Community Services Director 2195 8E Airoso Boulevard . Port 81. Lucie, FL 34984-5099 . 772-878-2277 . Fax 772-871-5290 '-' ....J CITY OF PORT ST. LUCIE PARKS & RECREATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . A CITY FOR ALL AGES August 27, 2003 Mr. Don McLam, Special Projects Manager S1. Lucie County Central Services Department 2300 Virginia Avenue Ft. Pierce, Florida 34982 RE: Florida Boating Improvement Program Dear Mr. McLam: As the administrator of 81. Lucie County's Florida Boating Improvement Program (FBIP), I submit this letter to inform you that the City of Port 81. Lucie anticipates entering into a contract with qualified professionals in fiscal year 2003-2004, to conduct a study that will identify locations within the city that are suitable for construction of public boat ramp facilities. Our preliminary inquiries lead us to believe this study can be performed for a cost not to exceed $40,000. We are under the impression this project qualifies for funding assistance through the FBIP program. As you know, over the year's city residents have contributed a significant portion of the FBIP revenue that is returned to S1. Lucie County on an annual basis. Unfortunately, we have received very little funding assistance during that same time period. Consequently, we would appreciate your assistance in placing us on the list for FBIP project funding in FY 2003-2004. On behalf of the Port St. Lucie Parks & Recreation Department, thank you for your attention to this request. If you have questions, please don't hesitate to call me at (772) 344-4005 during normal business hours. Sincerely, 4Jt¡ Bradley R. Keen, CPRP Projects Manager City of Port S1. Lucie Parks & Recreation Department Cc: B- Dyga. Assistant City Manager C. Proulx. Parks & Recreation Director G, Melville. Deputy Director - Parks & Building '-'laintenance 2195 SE Airoso Boulevard· Port St. Lucie, FL 34984-5099 . 772-878-2277 . Fax 772-8ì1-5290 ~ ....¡ BOARD OF COUNTY COMMISSIONERS CENTRAL SERVICES p.OGm A. SHINN DIP.EGOP. September 9,2003 Mr. Brad Keen, Projects Manager City of Port St. Lucie Parks & Recreation 2195 SE Airoso Blvd.. Port St. Lucie, Florida 34984 RE: FBIP Funds Request Dear Mr. Keen Received your letter dated August 27,2003 requesting Florida Boating Imp¡ovement Funds to cover the cost of the study. In reviewing Florida Statue and the Florida Administrative Code, your request is allowable for funding. Florida Administrative Code allows for up to 15% of the current unobligated balance to be used for such planning studies. As you are aware we would prefer that the FBIP funds be used for physical improvements thereby providing something for the boater to feel, touch and use. St. Lucie County was required to do a Marina Siting and Boating Survey as part of the State approved Manatee Protection Plan. This plan identifies locations of future boating facilities east of the locks within St. Lucie County, Currently there is $136,000 in FBIP, of that on April 22, 2003 (Agenda Item #C5b) the BOCC committed $89,500 to the River Park Marina project if needed. Which leaves us with about $46,500 @ 15 % = $6,975. Ifwe use the entire amount of$136,000 @ 15% = $20,400. Your request will need to go before the BOCC for approval, along with an agreement of use. Let me know when you are ready and I will start the process. Sincerely, Q. ~~,-~J Don McLam Projects Manager, Central Services CC: Ray Wazny, Assistant County Administrator Roger Shinn, Central Services Director JOHN D, GRUHN, Disrricr No, 1 . DOUG COWARD, Disrricr No, 2 . PAULA A, LEWIS, Disrricr No,:J . FRANNIE HUTCHINSON Disrricr No, 4 . CLIFF GARNES, Disrricr No, 5 Counry Adminisrroror - Douglas M, Anderson 2300 Virginia Avenue . Forr Pierce, FL 34982 · Phone (772) 462-1432 FAX (772) 462-1444 · TDD (772) 462-1428 'w ....J . d ENGINEERS' SURVEYORS & MAPPERS' PLANNERS' LANDSCAPE ARCHITECTS' GIS, ENVIRONMENTAL PROFESSIONALS . ~~ Palm Beach Office: 2005 Vista Parkway, Suite 100· West Palm Beach, Florida, 33411-2719 ·rII'k~~G..... '~'..'" (561) 689-1138 . Fax: (561) 689-8108 . lNWW,millerlegg.com ~.,....."'.'."".'." ,~,.- :,} ",.:__:~ ,-, __';"~'::_'_""û¡.,.""' ~ & ASSOCIATES, INC "One of the Top 50 Consulting Firms to Work For" - CE News 2002/2003 April 6, 2004 Mr. Brad Keen City of Port St. Lucie Parks & Recreation 2195 S.E. Airoso Blvd. Port St. Lucie, Florida 34984 Re: Engineering Services Proposal for a Boating Access Study Dear Mr. Keen: In response to your request, Miller, Legg & Associates, Inc. (MLA) is pleased to present this scope of work and fee proposal for engineering services regarding the referenced project. SCOPE OF SERVICES: The general scope of this study is to develop a report identifying potential areas (within the City limits) suitable for public boating access to the North Fork of the St. Lucie River. The following three sites have been identified by the City of PSL Parks and Recreation (P&R) staff: 1. Canal Park Site: located on the South Florida Water Management District (SFWMD) C-24 Canal, south of SW Oaklyn Street. 2. Walters Terrace Site (Tract ilL"): located north of Walters Terrace and east of Coral Reef Street. 3. Westmoreland Site: located approximately 1000' south of Port St. Lucie Boulevard and west of Westmoreland Boulevard. Limited environmental services will be provided in order to develop preliminary conceptual plans for each site. Based on discussions with P&R staff, this scope item will be limited to one (1) concept plan for five (5) potential sites. Opinion of probable construction cost will be included and recommendations will be given for prioritizing short term and long term sites. \\Pbo-main\data\Proposals\City 01 Port SL Lucie\PSL Parks & RecTeation\200-l-\Boat Ramp SwJy\Pw Josal_ßraù Keen_O-l--06- O-l-_Boaring ,'.ccess Stuùy_mdLùoc South Florida Office: (954) 436-7000 Palm Beach Office: [561) 689-1138 Central Florida Office: (407) 629-8880 ~ ...J Mr. Brad Keen City of Port St. Lucie Parks & Recreation Engineering Services Proposal for Boating Access Study Page 2 of 4 The following specific tasks will be performed by MLA: A) Engineering 1) Meet with FDEP and discuss issues associated with developing Tract "L" (Walters Terrace) Site. Meet with SFWMD and discuss issues associated with developing Canal Park Site. 2) Research potential public boating access sites. Identify ownership and acreage of each site. 3) Meet with P&R staff to review the findings of research and determine which sites should be further studied. 4) Visit each site and document features which may have positive and negative impacts on site development. 5) Meet with P&R staff to identify park programming elements for each site. 6) Prepare one conceptual plan for each potential site. 7) Research location of existing water and wastewater systems at each site. 8) Prepare opinion of probable construction costs for proposed park elements and site improvements. 9) Submit conceptual plans and opinion of probable construction costs and attend a review meeting with P&R. 10) Revise conceptual plans to address P&R comments. 11) Revise opinion of probable construction costs. 12) Prepare a written report detailing findings of research and providing recommendations for each potential site. B) Environmental 1) One (1) visit to each potential site to determine wetland, upland, and protected species issues that may be present on each site. 2) Identify permitting requirements with regulatory agencies, including, but not limited to, the U.S. Army Corps of Engineers, South Florida Water Management District, and the City of Port St. Lucie. 3) Identify approximate wetland constraints located on each potential site using aerial photography interpolation. 4) Identify mitigation options associated with potential impacts to the existing wetlands. 5) Prepare environmental portion of report. \\Pbo-main\data\Proposals\City üf Pürt SL LlI~ie\f'SL Parks & Re~r"a[iün\200-l\Büa[ Ramp Study\Prüposal_Brad Kèen_O-l-()(¡- O-l_Boating Access Study_mdLdlle ...... .....,¡ Mr. Brad Keen City of Port St. Lucie Parks & Recreation Engineering Services Proposal for Boating Access Study Page 3 of 4 PERIOD OF SERVICE The above scope of services will be completed within the following timeframes: ITEM Timeframe Engineering 90 days after NTP Environmental 90 days after NTP PROFESSIONAL SERVICE FEES The following professional service fees shall apply to the scope of work: ITEM Lump Sum Engineering $30,250.00 Environmental $7,100.00 Total $37,350.00 These fees have been determined based upon the hourly estimates of work and current rate schedule established in our current annual agreement. A copy of this hourly breakdown and fee calculation is attached. Reimbursable Expenses - Consultant shall provide services, as necessary, to assist P&R in the processing of documents, permitting, construction coordination or other requested tasks to facilitate successful completion of the Project. Project-related expenses such as travel, long distance communications, postage, shipping, reproductions, approved subcontracted services and other necessary and customary costs shall be paid to Consultant by P&R. These reimbursables shall be compensated at out-of-pocket expenses billed at a multiplier of 1.15 to cover processing costs. For this Project an initial budget of $ 2,500.00 in reimbursable expenses shall be established as a not to exceed amount without written approval from P &R. C:\Documents and Settings\BKeen\Local Settings\Temp\Proposal_Brad Keen_04-06-04_Boating Access Study_mdt.doc '-" .....¡ Mr. Brad Keen City of Port St Lucie Parks & Recreation Engineering Services Proposal for Boating Access Study Page 4 of .+ DOCUMENTS/DATA TO BE PROVIDED BY CITY OF PORT ST. LUCIE PARKS & RECREATION This proposal is based on the following items or arrangements being provided by City of Port St. Lucie Parks & Recreation for use in performance of the required work: 1. Copies of all relevant data, including correspondence, reports, plans, or information in its possession which may be beneficial to the work effort performed by the consultant. 2. Any standard park elements, details or preference for park element configurations. We appreciate the opportunity to present this proposal and look forward to working with you on this assignment. Receipt of a Purchase Order authorization from City of Port St. Lucie Parks & Recreation will constitute our official notice to proceed. If you have any questions, please give us a call. Sincerely, þ-:;Z. r ~itchell D. Thomas, P.E. Senior Project Manager \\Pbo-main\Jata\Proposals\City of Port 51. Lucie\PSL ParI;, c\: Recrcaliun\2IHI-I\B'''I[ Ramp StulL 'l'rl'plhal.Brad Keen_O-l-06- O-l_Boating ,~.ccess SlUdy,_,mdt.doc ~ ~ ~ ~ ASS0CtATES.INC CITY OF PORT ST. LUCI~ PARKS & RECREATION DEPARTMENT BOATING ACCESS STUDY HOURLY BREAKDOWN OF SERVICES SENIOR PROJECT ENVIRON. SENIOR TOTAL LABOR LABOR PROJECT PROF. SCIENTIST CADD HOURS COST TASK MANAGER ENGINEER TECH. BY BY TASK TASK $133.21 $109.89 $78.70 $66,75 A. ENGINEERING 1. Research potential sites 4 16 20 $2,291.08 2. Visit potential sites 8 16 24 $2,823.92 3. Prepare conceptual plans 8 48 54 110 $9,944.90 4. Research ex. water and sewer systems 10 10 $1,098.90 5. Prepare opinion of probable const. cost 5 24 24 53 $4,905.4 1 6. Revise Opinion of Probable Const. Cost 8 16 24 $1,947.12 7. Prepare written report 8 24 32 $3,703.04 8. Meetings with P&R staff 8 8 16 $1,944.80 9. Project Management - QAlQC 12 12 $1,598.52 Sub-Total 53 154 0 94 301 $30,257.69 B. ENVIRONMENTAL 1. Visit potential sites 32 32 $2,518.40 2. Identify permitting requirements 16 16 $1,259.20 3. Approximate wetland deliniation 24 12 36 $2,689.80 4. Prepare written report 8 8 $629,60 Sub-Total 0 0 80 12 92 $7,097.00 Total Manhours 53 154 80 106 393 DIRECT LABOR COST $7,060.13 $16,923.06 $6,296.00 $7,075.50 $37,354.69 file; MH_Brad Keen_03-06-04_Boating Access Study _mdt "s Page 1 of 1 Date; March 24, 2004 '. '" """ 'CITY CJUNCIL REGULAR MEETING APRIL 26, 2004 ~} APPROVAL FOR ADDITIONAL PROPERTIES TO BE ACQUIRED FOR THE WEST VIRGINIA CORRIDOR PROJECT AND TO PUT A HOLD ON THE ISSUANCE OF ANY BUILDING PERMITS ON THE PROPERTIES ~} MILLER, LEGG & ASSOCIATES, INC., ENGINEERING SERVICES/ WORK AUTHORIZATION #1 FOR MCCHESNEY PARK, $120,110; WORK AUTHORIZATION #2 FOR A BOATING ACCESS STUDY, $39,850; AND WORK AUTHORIZATION #3 FOR TORINO PARK, $34,000, #20040096/RH, FUND 301/305/307-7210-5310, PARKS & RECREATION d} DISTRICTING COMMISSION REPORT e} DISCUSSION OF PROPOSED ORDINANCE CONCERNING REGULATION OF CONSTRUCTION HOURS, LEGAL DEPARTMENT f} GARY CANTRELL, ST. LUCIE MEDICAL REGARDING REQUEST FOR A $50,000 DONATION FOR ST. LUCIE COUNTY HEALTH DEPARTMENT HAS SET LIMITS OF PORT ST. LUCIE, COUNCILMAN KELLY CENTER, DISCUSSION THE CLINIC THAT THE UP WITHIN THE CITY g} RECOMMENDATION FOR THE LENNARD ROAD WIDENING PROJECT h} AMERICAN CONSULTING ENGINEERS OF FLORIDA, LLC PROFESSIONAL ENGINEERING & SURVEYING SERVICES FOR THE WEST VIRGINIA CORRIDOR PROJECT, SEGMENT #3, BRIDGE OVER TURNPIKE/ #20030108/ $1,582,450, FUND 314-4105-5310, ENGINEERING 14. COUNCIL REPORTS ON COMMITTEE ASSIGNMENTS 15. ADJOURN NOTICE: No stenographic record by a certified court reporter will be made of the foregoing meeting. Accordingly/ any person who may seek to appeal any decision involving the matters noticed herein will be responsible for making a verbatim record of the testimony and evidence at said meeting upon which any appeal is to be based. NOTICE: Public and Press are invited to review all the backup material for Council Meetings. Copies are available on Thursday/ Friday, and Monday before any Council Meeting in the City Clerk/s Office in City Hall. On Meeting nights a copy of backup material is in the Reception Area for further review during the meeting. PLEASE LEAVE THE AGENDA BACKUP MATERIAL IN GOOD ORDER FOR OTHERS TO REVIEW. 6 ~ ...., CITY COUNCIL REGULAR MEETING MINUTES APRIL 26, 2004 b) APPROVAL FOR ADDITIONAL PROPERTIES TO BE ACQUIRED FOR THE WEST VIRGINIA CORRIDOR PROJECT AND TO PUT A HOLD ON THE ISSUANCE OF ANY BUILDING PERMITS ON THE PROPERTIES c) MILLER, LEGG & ASSOCIATES, INC., ENGINEERING SERV AUTHORIZATION #1 FOR MCCHESNEY PARK, $120,110; WORK AUT A ON #2 FOR A BOATING ACCESS STUDY, $39,850; AND WORK AUTHORIZ r~ FOR TORINO PARK, $34,000, #20040096/RH, FUND 301/305/307-7210-53 0,' PARKS & RECREATION The City Manager stated, "This is Work Authorization Numbers 1 through 3 for Miller, Legg and Associates. They are the engineer- designers for the Parks Department. As the Council is aware, the Parks and Recreation Department went out for RFP's and selected two engineering firms to provide design and engineering services for the Parks Capital Improvement Program. There are three work authorizations here: one for Torino Park, one for McChesney Park, and one for a boating access study. The amounts are listed in the agenda-item request form. They total $193,960. It is recommended that the Council approve Work Authorizations I, 2, and 3 with Miller, Legg and Associates." Councilman Anderson moved to approve Item 13 c). Vice Mayor Christensen seconded the motion. The City Clerk restated the motion as follows: for approval of Item 13 c). The motion passed unanimously by roll call vote. d) DISTRICTING COMMISSION REPORT e) DISCUSSION OF PROPOSED ORDINANCE CONCERNING REGULATION OF CONSTRUCTION HOURS, LEGAL DEPARTMENT f) GARY CANTRELL, ST. LUCIE MEDICAL REGARDING REQUEST FOR A $50,000 DONATION FOR ST. LUCIE COUNTY HEALTH DEPARTMENT HAS SET LIMITS OF PORT ST. LUCIE, COUNCILMAN KELLY CENTER, DISCUSSION THE CLINIC THAT THE UP WITHIN THE CITY g) RECOMMENDATION FOR THE LENNARD ROAD WIDENING PROJECT h) AMERICAN CONSULTING ENGINEERS PROFESSIONAL ENGINEERING & SURVEYING SERVICES CORRIDOR PROJECT, SEGMENT #3, BRIDGE OVER $1,582,450, FUND 314-4105-5310, ENGINEERING OF FLORIDA, LLC FOR THE WEST VIRGINIA TURNPIKE, #20030108, 14. COUNCIL REPORTS ON COMMITTEE ASSIGNMENTS 15. ADJOURN 22 ."'. . ;'~ ,,'~~OUNT , " " , - .',\, , .' ',' ,,: " ,.'i:. (,~ . "" " ,: >, ' <".,:; : ..,', .'. ,; :"','. ."';;,"',., :,', "f" ....,.".', ,::,: >.:::,,; ,: ::', :' " ,', <, ",',', ' :; ,,' '<' ,('., ':: ",': :, ' , :' ,,' ',," , ,'< " :-:': ,:' /",',' " ';',',,;: <.,; , . ,::.,-:\:. '\' ,,' (, . è'-'. ,.;,", ",:" ',' ,'" ; ',' , ' ";:'<.,' ',',: :. :.'::', :' ~;,' :~H;¡~' ~ r.> '>' :~, , :;~. _ ,'~' 0 t" '.' " '.' .' ", ,~, , ":,:':,:' "-' PURCHASE ORDER '..,/; tMPORTANT PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING NOTICES, BILLS OF LADING. PACKAGES, PACKING LISTS, INVOICES, FREIGHT BILLS AND CORRESPONDENCE CONCERNING THIS ORDER CITY OF PORT ST LUCIE 121 S. W. Port St. Lucie Boulevard Port St. Lucie, Florida 34984-5099 (772) 871-5223 (772) 871-5224 , ORDER " ISSUED DELIVERY REQUIRED v :t (¡ 7 !;u< 7 E N D o R ~lI I,I<Er~ I t\ (. .. S H l-{)::~¡}fìJr...I'~-~ ~,_E-i';'TLf: I p PARI~S b f£C~RLA~·I.ü~ 1. .f~ (~ (; iX } jÇ-ì~?' Cf.)1<P()E.::,.1'f'f A £:::.:.OC1 l:.'ltfS r C r ~i.~ 'r .::, F: 1!~ /Jl \ srI~r-L 2(:13 2J CI~ Sf T o r(\üT 5.T AI-F~(}S!J r;L.\-;.~ \i..! ·t..cL 1. ;- N ~~~ t~·, ()};" ~ r 1 I. t"; {. I !'. ~ l' L ~-j ~~~ it 1. I., .- g 5. ~t ':: ~,,?~I~J~,o.NAJB # ..' ;.:'~...",~ 'TERMS " . EO,S. 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Ii.,·:: ~ t1 t d - f}ýj A£i \is a:n ,W~l' ';:: ". :; ....... .. r;":·: ,"+, ,~'.;,., I' ,;:." p.' 1",' r,', ~' "", ')'Øß ,. ,"" ']~~-!''-, ..1,-" -" "', ,?t.,! ,¡;,,",y-, '." ,~" Dó"e: Al.q;L:;I:.:\;':2~:~ØfJlt "',,' ..... ..... , : ';ììõ "", 'J', ''1 1;11 ,': ..... ;~li';í{-iC¡·:"1:ø,iry.ø> ,'ìl,f,~,~'t t; " ",:' I, "",',~,_,~:::-,,,4.""", .'<''TV.., ;t:11 gin ê~':t' :.1', g 1:,,:' rici 's 1«". ":" '. 3PECIAL INSTRUCTIONS: " , , ..·t,VJ.. . .' , .- ·······UNIT "..' PR'¡CE , / ,~,,- ," ",'" ".;'; ,',' "" "',' c"": ' J<:!/: ", ' ", '0',,: ,,;:;<;, '.' i., ',>', " , -,,' ':',:,','.,,""" ',:, ' " '., ;;, , ",,:'." . .,:'," ", ': , , ,e., ,-- : , ,', "," ',: ", :,,' ',,':,' ':, . ': .J' >, ","::, ' ,. .'. '<.. ", "'", -: " " ' ',.. ",' " ' " :,:':, ';. ....' ..... . .,..:_~ :B5 .Ø0~W' /. .'. ' .\;:' :",,~ . :;: '" " ,':-;, ,,' ",- I:~·~;A:..; ,":,' . ' ..' , , o ,._, (is ¿: i·~; ~..:~ Jo'. l'", 1.;1 ';. ' : .... .. ~ f", ç r-,. .. ,., ,', . W \...; ~ ;'.... ) ;._ t'.::~ g't' : ':: ¡~ ,) L Ie¡ - ~) ¡i! {; ':'-;1 SHIP PREPAID VIA . - " --'I -~..--~~ :-;~¡" -~ - . -~ - -. ~ -., \;: '~.! _, - . ~ J~~ -_.-g~"i' . .... _ _ ~ ~ .1_ STATE TAX EXEMPT NUMBER 66-04-017562-54C FEDERAL EXCISE NUMBER 59-6141662 VENDOR: IF PRICES WHICH APPEAR ABOVE ARE NOT CORRECT CALL PURCHASING AGENT AND DELAY FURTHER ACTION PENDING ADVICE. ,- , 'PURCHASING AGE . ~ '~ CITY OF PORT ST. LUCIE PARKS & RECREATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . A CITY FOR ALL AGES April 27, 2004 Mr. Mitchell D. Thomas, P.E. Miller Legg & Associates, Inc. 2005 Vista Parkway Suite 100 West Palm Beach, Florida 33411-2719 Re: Continuing Professional Engineering Services Contract #20040096 (amended from original contract #20040002/RH). Work Authorization No.2 - Boating Access Study NOTICE TO PROCEED Dear Mr. Thomas: At last night's regularly scheduled meeting, the City Council approved our request to accept your proposal for engineering services regarding the Boating Access Study within the City of Port S1. Lucie. This letter shall serve as your official "NOTICE TO PROCEED" with the work as described in your proposal dated April 6, 2004. A City purchase order in the amount of $39,850.00 will be issued and sent to your attention in the next few days. I look forward to working with you on this and other city projects in the future. If you have any questions, please don't hesitate to contact me at (772) 344-4005 during normal business hours. Sincerely, ~/~ Bradley R. Keen, CPRP Project Manager Port St. Lucie Parks & Recreation Department Cc: C Proulx, Parks & Recreation Director G, Melville, Deputy Director- Parks R. Holder, OMB File 2195 SE Airoso Boulevard . Port SL Lucie. FL 34984-5099 . 772-878-2277 . Fax 772-871-5290 ..... - \. t . ~ ...¡ (!f{ Agenda Request Item Number: MeetinQ Date: June 15, 2004 Consent Regular Public Hearing Leg. [ ] [ X] [ ] [ ] Quasi-JD [ To: Submitted By: Board of County COl1'lmissioners Strategic & Special Projects SUBJECT: Consider authorizing the preparation of an Envir mental Lands Impact e to provide funds for the acquisition of parcels identified by the County for environmental and resource protection purposes. jects Dir. BACKGROUND: Over the past several years, there has been an expression of interest by the Board about the possibility of establishing an Impact Fee for the purpose of funding the County's Environmental Lands Acquisition Program. Funds generated by the imposition of such a fee would be directed towards the acquisition of parcels identified by the County for environmental and resource protection purposes. The base document for the development of any impact fees would be the recently completed Pandion, Inc., study of the County's remaining native environmental habitat. If the Board approves the establishment of an impact fee program for the development of an Environmental Lands Impact Fee, this fee would apply to all development activities, residential and non-residential, throughout the County. While impact fees have, in general, been sustained by numerous cases in the Florida Courts, and Environmental Impact Fees have been implemented in other parts of the Country, the Board should be advised that St. Lucie County would be the among the first, if not the first, in the State of Florida to consider enacting such an impact fee. The total cost to complete this task is estimated to be $40,000. Day to day project management of this matter will be through a combination of the Growth Management Department/ Administrative Division (fiscal and ordinance preparation) and the Public Works Department/ Resource Protection Division (technical support). FUNDS AVAILABLE: Funding for this project is available through the Growth Management Departments Professional Services Fund, 102-1510-531000-100 N/A PREVIOUS ACTION: RECOMMENDATION: Because of the long history and unique knowledge of the local community that Dr. Nicholas and Professor Jurgensmeyer have, staff recommends that the Board declare this to be a sole source contract and waive the standard bid process. Staff recommends that the Board approve the attached consultant agreement, with Dr. Nicholas, for the purpose of developing a Countywide Environmental Lands Acquisition Impact Fee. COMMISSION ACTION: [i] APPROVED o OTHER D DENIED Approved 5-0 ~: /' . Douglas . Anderson County Administrator ~ounty Attorney Public Works/ Admin Finance: u~ Coordination/ Signatures vMgt. & Budget: ~11t2/ VP-urchasing: Public Works/ Eng: ~ l15ublic Works/Resc: ¡/Other: GrD 11'\,1... ß ~ ... '. \wA'. "'-" Commission Review: June 15, 2004 STRATEGIC & SPECIAL PROJECTS MEMORANDUM TO: County Commission FROM: Strategic & Special Projects Director DATE: June 8, 2004 SUBJECT: Environmental Lands Impact Fee Over the past several years, there has been an expression of interest by the Board about the possibility of establishing an Impact Fee for the purpose of funding the County's Environmental Lands Acquisition Program. Funds generated by the imposition of such a fee would be directed towards the acquisition of parcels identified by the County for environmental and resource protection purposes. This could also include the acquisition of parcels that are deemed necessary to provide for the connectivity of environmental areas even of the parcel in question had little remaining native resources on it. The base document for the development of any impact fees would be the recently completed Pandion, Inc., study of the County's remaining native environmental habitat. While the Pandion study had its primary focus on identifying remaining native upland resources, it is possible that the funds generated by this program could be used for the acquisition of sensitive wetland communities as well. Attached, is a copy of the County's standard Consultant Agreement, which includes a general Scope of Work for the development of this impact fee. We propose to use our regular, and nationally recognized expert, impact fee advisors on this matter, Dr. James C. Nicholas, Professor of Economics and Land Use from the University of Florida and Julian Juergensmeyer, Professor of Law at Georgia State University, along with the necessary support staff to complete the development of this project. If the Board approves the establishment of an impact fee program for the development of an Environmental Lands Impact Fee, this fee would apply to all development activities, residential and non-residential, throughout the County. While impact fees have, in general, been sustained by numerous cases in the Florida Courts, and Environmental Impact Fees have been implemented in other parts of the Country, the Board should be advised that St. Lucie County would be the among the first, if not the first, in the State of Florida to consider enacting such an impact fee. · . ~. ......, June 8, 2004 Page 2 Subject: Environmental Lands Impact Fee The total cost to complete this task is estimated to be $40,000. Because of the long history and unique knowledge of the local community that Dr. Nicholas and Professor Jurgensmeyer have, staff recommends that the Board declare this to be a sole source contract and waive the standard bid process. Funding for this project is available through the Growth Management Departments Professional Services Fund, 102-1510-54600-100. Day to day project management of this matter will be through a combination of the Growth Management Department/ Administrative Division and the Public Works Department/ Resource Protection Division. Staff recommends that the Board approve the attached consultant agreement, with Dr. Nicholas, for the purpose of developing a Countywide Environmental Lands Acquisition Impact Fee. If you have any questions, please let me know. Submitted: If DJM attachment ENVIRON_IMPACTFEES1(H) cc: County Administrator County Attorney Purchasing Director Public Works Director Growth Management Director Management & Budget Director Environmental Resources Manager Planning Manager \w" '-' CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of ,2004, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and JAMES C. NICHOLAS, PhD, hereinafter referred to as the "Consultant". WITNESSEiH WHEREAS, the County desires to retain the prôf~~jgnørservices offnè<;:ê)nsultant to conduct a study relating to the update, revisions and s to the County's development impact fees; and, WHEREAS, the Consultant desires to NOW, THEREFORE, in conside~~~~pn of t~t; .ii nd the mutual benefits which will accrue to the parties hereto incarryingiqut the tt;rms of this Agreement, it is mutually understood and agreed as follçws: the County will be solely that of a consultant. The :. contractor and is not an employee or agent of the County. Nothi~9in this Agreem all be interpreted to establish any relationship other than that ; dependent contf'åctor, between the County and the Consultant, its employees, agents, tractors, orøssigns, during or after the performance of this Agreement. The '11 vide the professional and technical services required for the successful comp fthis Agreement in accordance with practices generally acceptable within the industry and good ethical standards. 1. Consultant Agreement Environmental Lands Impact Fee Page 1 \w' -."I 2. SCOPE OF WORK The scope of work to be performed by the Consultant under this Agreement is: Work relating to the establishment of a Environmental Land~ Impact Fees as set forth in the Consultant's Proposal, attached hereto and incorporated herein as Exhibit" A", (the 3. PROJECT MANAGER The Project Manager for the County is Randy Director at (772) 462-1590. The Project Manag~~ . PhD at (352) 392 8832. Interim Growth Management ultant is James C Nicholas, The parties shall direct all matters cmising i the performance of this Agreement, other than invoices a.~d~ôtices:!p thei// of the Project Managers for attempted resolution or actio~'1The Pr?j~ct Ma~ë~ers shall be responsible for overall resolution or action. The P:oj~~!Mana~~~~s~ël~i.~~responsible for overall coordination and oversight reJ~ting to the..p·f¡¡>rmance ¡¡>f!bi~~greement. 4. thê Scope of Work on or before January 1, 2005. 5. ultant Ibe compensated for all services rendered under this Agreement as set posa!. All invoices presented to the County for payment shall be on a Request ent form approved by the County. Consultant Agreement Environmental Lands Impact Fee Page 2 \w" .....J 6. DEFAULT; TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under is Agreement in a timely and proper manner, the other party shall have tight to terminate this Agreement by giving written notice of any deficiency and. lIowing the party in default seven (7) calendar days to correct the deficienc e defaulting party fails to correct the deficiency within this time, thi ment shall terminate at the expiration of the seven (7 calendar day time period. With regard to The Consultant, default under this Agreemel"lt: be considered a (1) If the Con~~I~ðnt sh~uld be ~.~ ged bankrupt, or if he, or it, should ma~~Q gene~QI assig?rytent for the benefit of his, or its, credi or ör if a.~~~~iv~rshould be appointed on account of his, Ivency. t should persistently or repeatedly refuse or fail, tin cåses for which an extension of time is provided, to he services contemplated by this Agreement. (3) the Consultant disregards laws, ordinances, or the instructions of the Project Manager or otherwise is guilty of a substantial violation of the provisions of the Agreement. In the event of termination, the Consultant shall only be entitled to Consultant Agreement Environmental Lands Impact Fee Page 3 ~ ~ receive payment for work satisfactorily completed prior to the termination date. B. WITHOUT CAUSE Either party may terminate the Agreement without cause at any time upon thirty (30) calendar days prior written no the other party. In the event of termination, the County shall com he Consultant for all authorized work sati ctorily performe ough the termination date. 7. FORCE MAJEURE Neither party shall be liable to tþeother; perform its obligations hereunder if and to the extentfhat suchfailur erform results from causes beyond its reasonable control (finandc;lI difficlJ~ty shall not be considered a cause beyond a party's contr()I),.~n of whiêt\ CqlJ~~s herein are called "Force Majeure", including witho limifed,<strikes, lockouts, or other industrial disturba tic conditions; acts of God; acts of a public enemy; or inability to ob gnsporfQJol" necessary materials in the open market. The party unagle 0 a result of force majeure promptly shall notify the other of the <beginning anQ lng of each such period, and County shall compensate Consultant at the rat~s set forth herein, for the services performed by Consultant her~under, up to t~e date of the beginning of such period. If any period of force prtiryes for thirty (30) days or more, either party shall have the right to ~this Agreement upon ten (10) days prior written notice to the other party. Consultant Agreement Environmental Lands Impact Fee Page 4 \.t'" ~. 8. ASSIGNMENT The County and Consultant each binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and permitted assigns of such other party, irfrespect to all covenants of this Agreement; and, neither the County nor th ()n~gltant will assign or transfer its rights and obligations in this Agreern¢nT with ritten consent of the other. Nothing herein shall be construed a$Çreating9~YÞ Habilityon the part of any officer or agent of any public bodwhichrJ\ay be a to. The Consultant agrees that the persons named in . e of work shall provide services as described therein. The servi . of the (s) so named are a substantial inducement and material con reement. In the event such persons can no longer provide the s ices re uired by this Agreement, the Consultant shall immediately notify the County in w g and the County may elect to terminate this Agreement without any liability to the Consultant for unfinished work product. The County ma elect to c m ensate the Consultant for unfinished work product, 'ded it i form tha fficiently documented and organized to provide fo 'on in completion of the work product. 9. event the Con~~ltant requires the services of any subconsultant, subcontractor fessional assôciate in connection with the services to be provided under this A~~~~~~~,(}~~~> tant shall secure the written approval of County Project Manager befo...~~t'9aging such subconsultant, subcontractor or professional associate. Consultant Agreement Environmental Lands Impact Fee Page 5 \w'" -.....I 10. AUDIT The Consultant agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any directly pE;rtinent books, documents, papers, and records of the Consultant involvin9~~çm~pè:tions related to this Agreement. The Consultant agrees that pay. t(s) m~~~'~~~hD~hiS Agree.Tent shall be subject to reduction for amounts charg d the.~htø whj~~>Sr~Žo~~~Qn the basis of audit examination not to constitute ablE; costs under,~~i~~greement. The Consultant shall refund by check payabl County the amOunt of such reduction of payments. All required record~,~hå intained until an audit is completed and all questions arising theret om are .~'(,)r three years after completion of the project and issuance.9f certi te, whichever is sooner. 11. PUBLIC RECORDS The Consultant shall allow public to all documents, papers, letters, or other material S . ct to the p ovisions 0 hapter 119, Florida Statutes, and made or received b Consultan onjunction with this Agreement. 12. Th~(.¿ônsultant shall procÜre and maintain during the life of this Agreement insurance of ¢ types and ~Çlbject to the limits set forth below. The Consultant shall also p 'qqhty with evidence of this insurance in the form of Certificates of InsUr hleh shall be subject to the County's approval for adequacy. The County shall be an Additional Insured on policies of Commercial General Liability, and Commercial Auto Liability with respect to all claims arising out of the work performed Consultant Agreement Environmental Lands Impact Fee Page 6 ~ ~ under this Agreement. The County shall be given thirty (30) days prior written notice of any material changes or cancellations of the policies. If sub-contractors are used by the Consultant, it shall be the responsibility of the Consultant to ensure that all its sub-contractors comply with all the insurance requirements contained herein relating to such sub-contractors. B. conform the Except as otherwise stated, the amounts and following minimum requirements: A. AUTO LIABILITY The Consultant shall Agreement, at his, its or bodily injury and combined single I the life of this Liability for claims of limits of $100,000.00 and Auto Liability policies shall contain or be following provisions: (1) its Officers, Officials, Employees, Agents, and are to be covered as additional insureds for any and all lity arising out of the Consultant's performance of this Agreement, or out of automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on scope of protection offered to the County, its Officers, Officials, Employee, Agents and Volunteers. Page 7 Consultant Agreement Environmental Lands Impact Fee ~ "'-' (2) The Consultant's insurance coverage shall be primary insurance as respects the County, its Officers, Officials, Employees, Agents and Volunteers for Consultant's activities. Any insurance or self- insurance maintained by the County, its Offiçers, Officials, Employees, Agents, or Volunteers shql of the Consultant's insurance and shall(not cant (4) The Consultant's ins against whom a.iclaim respect to th~nmits policy Officers, (3) Any failure to comply with:'tHerepgr'ting provi shall not effect coverage PI; to the Officials, Employees, Agen't;$; apply arately to each insured ~pit is brought, except with lIability. 13. The Consu r.ees at all times to save, hold, and keep harmless the County, its ploý d Agents,and indemnify the County, its Officials, Employee§jiêincf a.insfanyand all claims, demands, penalties, judgements, court.«;östs, reasonorney' s fees, and liability of every kind and nature whatsòever to the exten arising out of or in any way connected or arising out of the perfgrmance of this Agreement. Only those matters which are d~lnal, nonappealable judgment to be the result of the negligence of the the negligence of a third party who is not an agent, employee, invitee, or subcontractor of the Consultant shall be excluded from the Consultant I S duty to indemnify the County, but only to the extent of negligence of the County or such third Consultant Agreement Environmental Lands Impact Fee Page 8 ~.., ,.....,¡ party. The Consultant hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification herein provided. 14. PROHIBITION AGAINST CONTINGENT FEES The Consultant warrants that it has not employed or retaine. n çompany or person, other than a bonafide employee working solely for.tñe ConsOlfâ to solicit or secure this Agreement, and that he has not paid or~~reed ~~RøYå ns, c9i1'\pany, corporation, individual or firm, other than a bO~Grid~~i1'\ployee work ~l~rfor the Consultant, any fee, commission, percentage;. iff or any other onsideration, contingent upon or resulting from the award ofm is. Agreement. 15. ATTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms onditions of this Agreement or in the event of any action by any party to this Agreement to judicially interpret or enforce this Agreement or any provision hereof, or in any dispute arising in any manner fr is Ag nt, the prevailing party shall be entitled to recover its reasonable I fees penses, including but not limited to, witness fees, expert fees, fees ttorney, paralegal and legal assistant fees, costs and expenses an professional fees, costs and expenses, whether suit be brought or not, and r any settlement shall be entered in any declaratory action, at t ial or on appeal. 1 The Consultant covenants and agrees that the Consultant shall not discriminate against any employee or applicant for employment to be employed in the performance Consultant Agreement Environmental Lands Impact Fee Page 9 '-'" ....., of the Agreement with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 18. NOTICE 17. VERIFICATION OF EMPLOYMENT STATUS The Consultant agrees that it shall bear f employment status, under the Immigration Re persons it employs in the performance of All notices, requests, consents, andothercpmmuniç~fi()ns required or permitted under this Agreement shall be in writing anqi~hall be (~s elected by the person giving such notice) hand delivered bYim~~sengeri 'w~!~rSerVice, telecommunicated, or mailed by regis! certifi"1 (posta epaid) return receipt requested, addressed to: With A Copy To: St. Lucie County Ad Administration Annex 23 Virginia Avenue Ft. ce, FL 4982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 Consultant Agreement Environmental Lands Impact Fee Page 10 ~ '--' As To The Consultant: James C. Nicholas, PhD 126 SW 165 Street Newberry, FL 32669 or to such other address as any party may designate by n9ticeç:~tnplying with the terms of this Section. Each such notice shall be....deemedd êred (a) on the date delivered if by personal delivery, (b) on the d~~eupon.~~lch ......>.~rurn recE;Ipt is signed or delivery is refused or the notice is dE;~i9natE;Øby the po tcdUthôrities as not deliverable, as the case may be, if mailed. 19. COMPLIANCE WITH LAWS The Consultant, its employees, suþé:Ontraç:of" shall comply with all applicable federal, state, and 1~~~lilåws a~~iregulati.i elating to the performance of this Agreement. The Countyq",Øertakes no dutyto ensure such compliance, but will attempt to advise Consyltqbf, upon~E;qye~!,/ås to any such laws of which it has present k dge. by Consultant shall act as the execution of as truth-in- neg9f~åtion certifica ating that wage rates and other factual unit costs supporting compensation offhis Agreement are accurate, complete and current at the time c ti~~/~ti'·fhe Agreement. The original Agreement rates and any additions .qllbe adjusted to exclude any significant sums by which County determines the Agreement rate(s) was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such rate adjustments shall be made N CERTIFICATE 20. o Consultant Agreement Environmental Lands Impact Fee Page 11 \wi' ......, within one year following the end of this Agreement. 21. NON-WAIVER The rights of the parties under this Agreement shall be cumulative failure of either party to exercise properly any rights given not operate to forfeit any of the said rights. 22. CONFLICT OF INTEREST The Consultant represents that it presently.hâsf19i~fer.~st and shall acquire no interest I either direct or indirect, whi~.~fQµld cOr'lf i ...... .. ny manner with the performance of services required her~4nQ~ provide for in Florida Statutes 112.311. The Consultant further represents t~a .,pper"§pnhaving any interest shall be employed for said performance. The Consultant shall pr~~.~'tIY notif~\~~~~~~nty in writing by certified mail of all potential Ijcts ofi.,!~r.~S! prohib,!~d{by existing state law for any prospective business â n, intêr><~~~ther circumstance which may influence or appear to t' s jud9m~nt or quality of services being provided hereunder. rail identify the prospective business association, interest or ci~~~tnstance, the~r< of work that the Consultant may undertake and request an øpinion of the COHnty as to whether the association, interest or circumstance wo dì.in the opinio.,<Òf the County, constitute a conflict of interest if entered into by thlr~~~~;"Vhe County agrees to notify the Consultant of its opinion by certified ¡nthirty (30) days of receipt of notification by the Consultant. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Consultant, the County shall so state Consultant Agreement Environmental Lands Impact Fee Page 12 ~ .....J in the notification and the Consultant shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Consultant under the terms of this Agreement 23. LITIGATION SERVICES 24. MEDIATION Agreement do ation. Should . vices be between the ounty and the asis for compensation to It is understood and agreed that the Consultan not include any participation, whatsoever, in að required, a supplemental agreement may be neg Consultant describing the services desired and pro the Consultant. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed' e or issues to a mediator for non-binding mediation pri r to filin I· suit. Thearties shall agree on a mediator chosen from a list of certi . ble from the Clerk of Court for St. Lucie County. The fee of t r sha ared equally by the parties. To the extent allowed by law, the ss shall be confidential and the results of the mediation or any testimony or ar mtroduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 2 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements Consultant Agreement Environmental Lands Impact Fee Page 13 v ...J between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initigte legal action regarding this Agreement, venue shall be in the Ni~etee~J~~!,IdjçiÔI circuit for St. Lucie County, Florida, for claims under state law ar'Q<the Sout~· District of Florida for any claims which are justiciable in federal ~~t.Jrt. IN WITNESS WHEREOF, the parties heretq this Agreement upon the terms and conditions gpov above written. ccepted, made and executed on the day and year first ATTEST: Consultant Agreement Environmental Lands Impact Fee BOARD TY COMMISSIONERS Sÿ: LUCIe COUNTY, FLORIDA CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 14 ~ WITNESSES: environmental_contractl(IMP ACT2003) Consultant Agreement Environmental Lands Impact Fee .....J JAMES C. NICHOLAS, PhD Page 15 v ....,.J Consultant Scope of Services Task 1.1 Develop a Environmental Lands Impact Fee (see attached) $ Consultant Agreement Environmental Lands Impact Fee Page 16 ~ ...,..I James C. Nicholas 313 Holland Hall University of Florida Gainesville, FL 32611 (352) 392-8832 (352) 392-3005 Fax e-mail jcnicholas@msn.com PROPOSAL FOR CONSULTING SERVICES TO: Saint Lucie County DATE: May 25, 2004 SUBJ: Proposal for Consulting Services Environmental Lands Impact Fees PROPOSAL This is a proposal is to prepare an environmental lands impact fee for St. Lucie County. This proposal includes: 1. The preparation of an environmental lands impact fee along with support- ing data and methodologies. 2. Participate in two (2) public meetings with the Board of County Commis- sioners, municipal officials, county staff and members of the public on the proposed environmental lands impact fee. 3. Assist the County Attorney in the development of an implementing ordi- nance for environmental lands impact fees. PERSONS TO WORK ON THE PROJECT 1. James C. Nicholas, PhD, with 30 years experience with impact fees. Nicholas will be responsible for overall coordination and for the prepara- tion of the fee schedules. 2. Julian Conrad Juergensmeyer, JD, with 30 years experience with impact fees. Juergensmeyer will be responsible for assisting the County Attor- ney and team staff on legal matters and ordinance drafting. 3. E. Tyson Smith, JD, a lawyer-planner with experience on matters of management of environmental lands. Smith will be responsible for assist- \wi' ....-J ing team members on legal and planning issues relevant to s St. Lucie County environmental land impact fee. 4. Kevin L. Erwin, Principal of Kevin Erwin Consulting Ecologists, with 25 years experience with ecological analyses. Erwin will assist in the struc- turing of the impact analysis and in the establishing of the basis for the impact fee. CHARGES The above services will be performed at a cost $40,000. This cost includes travel expenses associated with the two (2) trips identified above. Any additional meetings or services would be billed at $150 per hour, plus reasonable travel expenses. Travel time would be billed at $75 per hour. Payments would be due on the following schedule: Submission of draft impact fees Submission of draft ordinance Acceptance by the Board of County Commissioners $20,000.00 $15,000.00 $ 5,000.00. All other services will be billed monthly. TIMING The consultant is prepared to proceed immediately on notice to proceed. Upon re- ceipt of the items listed below by subject, draft reports will be provided within four (4) weeks. COUNTY RESPONSIBILITIES The County will provide to the consultant at no cost: GENERAL 1. A copy of the County's comprehensive plan (already received) 2. A copy of the County's environmental lands study (already received) report 3. A copy of real property taxable values for the past 5 years by type of property; a. Developed residential b. Vacant residential c. Developed Commercial d. Vacant Commercial e. Developed industrial 1. Vacant industrial St Lucie County Impact Fees Proposal for Environmental Lands Impact Fee 2 ,--,l ....."" g. Agricultural h. Non-agricultural acreage i. Other j. Total taxable value of real property 4. If not part of 1, please provide county-wide development projections; a. Population b. Households c. Dwelling units d. Employment e. Non-residential development by type 5. An inventory of outstanding county debt, the proceeds of which were used for environmental lands, indicating: a. The date issued and term b. Type of bond/debt - general obligation, revenue, etc. c. The original amount of the issue and the remaining balance d. Interest rate (average) e. The use of proceeds for impact fee facilities OTHER ISSUES James Nicholas is a sole proprietor consultant. As such, he has no employees and is economically unable to provide professional liability insurance. He can and will provide auto liability is the amount of $500,000 with 8t Lucie County named as an also insured. St Lucie County Impact Fees Proposal for Environmental Lands Impact Fee 3 ~ AGENDA REQUEST '...I ITEM NO. 9A DATE: JUNE 15/2004 REG U LAR [] PUBLIC HEARING [] CONSENT [X] SUB1ECT: Library Advisory Board TO: Board of County Commissioners SUBMITTED BY (DEPTh Administration BACKGROUND: Commissioner Barnes has requested that Ms. Elizabeth Heard Mallonee serve as his appointee on Library Advisory Board. FUNDS AVAILABLE: N/ A PREVIOUS ACTION: N/ A RECOMMENDATION: Staff recommends that the Board ratify Commissioner Barnes appointment of Ms. Elizabeth Heard Mallonee to the Library Advisory Board. H APPROVED [] OTH ER: [] DENIED CONCURRENCE: I-~~ Douglas M. Anderson County Administrator COMMISSION ACTION: Approved 5-0 Review and Approvals County Attorney: _ Management & Budget: Originating Dept: Other: Finance: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 .' .";"¡i~~~~~¡Ei~r;':ðP.R'j~~~2Š:~,::~=:=::=",,"=,.,'::.....':':"::":':":.:"':,,:~""""':'.''':.'':.''~-.~~,:".'~:,::=:~,..,.~.,.~.,:".~.5 "...~2.. .'. q9".?'=,"~!ij~~~.1 .. ...-....-.-.---.... .~·(ì~~.\t·l,.{.,:.'.,.~.:.',':',.'I',"',;m"'::,.~'¡.,'I~~~'.~,í.'.~:rI::~:.T'W~~:;:;,';'''i è:!'ØJ{~Ρ~:':,:i::""¡."¡¡' COUNTY " flOklDA :,.~,;..~~' ¡.¡..'¡.,,¡¡.'I.,'~/...'lij;,i~~'n,;.; St. Lucie Coun~ Board of County Commissioners Aøplication for Serving on County Boards and CommIttees Thank you for applying for a position on one of S1. Lucie County's many advisory boards and committees, The minimum requirements for committee membership are; · Must be a County resident · Must not be related to another committee member. County Commissioner or County employee involved with the committee of interest. · Must not be employed by the same business entity as other committee members. · Must not serve On more than 2 County committees Note: Some committees have additional requirements; please inquire when submitting this application, In addition, service on committees with planning, zoning or natural resources responsibilities may require disclosure of financial interests. Please oomplete the following Information: 1. Please indicate the commlttee(s) you are Interested in. See the list below. 2. Name: 61/z.J;.fTA ¡'¡"f!tu-,j /l;1vl / / ó¡f}ep--, Phone: ~/p~, ?2-1tj 3. Home address: -1-1'05' ~ \liJ --:_ J r:2 Ì'\ .,¡... U ~01/lIn .L[>t.1I((y\ 71 iv.e-Y ',Ur/ve Fðrt P,'-eYL-E) FL 34-15Ò 4. Which commission district do you live In? ïJ. i ".\.- ¿ ...,y.1 c7TY \ C / :¿ 5. Business/Occupation kfLCher 6. Business address:;-.. d T \ . C L ..Ln_I'rln, ...l.lJVeV ðYnJ'n¿,ln,',t Cðl/fje 7. Brief reSume of eduœtion & experience: (Please attach resume) s~ ~ c-d-ft, (h.,;¿ /( 8. Do you currently serve on a county commlttee(s)? If so, please list: All!) , -~~n~i!0§~A.æl1~4ÒÇ:::~:"::::::"::::=:::~,,:.=::.:=:,:.J~.:::~~:::.:~'~:,~:;:::,.:~=:~":P~2j¡~"~ 9. Why do you think you are qualified to serve on the committee(s) indicated? : t'ih:f:t~y~~~4Z;?!~1 f:d,~~jjSVé4£ hrve 10. Would you consider serving on another board other than the one(s) stated above? (Please specify) A } . / lJJ1T.. r~ti /Iv f 11. Comments: SIGNATURE: DATE: ~" .#;í ~~ . à!h I '. C:<IJð Y St. Lucie County Advisory Boards and Committee Citizen Appointments Available Please check the committees you are interested in: IS Beach Preservation Task Force II Board of Adjustment It Central Florida Foreign-Trade Zone, Inc. a Children's Services Council ti CItizen's Budget Development Committee " Code Enforcement Board B Community Development Block Grant Citizen's Advisory Task Force a Contractors Certification Board It Cultural Affairs Council Ið Emergency Medical Services Advisory Council D Environmental Advisory Committee Þ Environmental Hearing Board II FI. Dept. of Children and Family Services Committee District 15 II FI. Dept. of Children and Family Services Nominating Qualifications Review CommIttee District 15 a Fort Pierce Harbor Advisory Committee ø Historical Commission !U Housing Finance Authority IU Investment Committee ,?--lIt" Library Advisory Board !Þ Planning & Zoning Commission/Local Planning Agency l1li Restudy Coordination Committee Iî!ï 81. Lucie County Recreation Advisory Board 8 Tourist Development Council It Treasure Coast Health Council, Inc. a Treasure Coast Regional Economic District/Overall Economic Development Program CommIttee Þ Vegetation Protection Committee 2 ...........,....... .........----~..-- ~ .--..,---........................ .. '-' .~ Slizabeth Heard Mallonee 2705 So\lth Indian River Drive Fort Pierce, Florida 34950 772-465-8299 Updated J\1Ile 2004 . roUCATION Florida Atlantic University, Boca Raton. Florida: 1989 - 1993; MEV. £dtlcational Leadership (4.0) University of Florida, Gainesville, Florida: 1965 -1967; BAB English Wesleyan College, Macon. Georgia: 1963 - 1965 Manatee High Schoo1. Bradenton. Florida: 1963 grad\Jate . CERTIFICATION Florida Teacher Certificate n # 191810: English, Speech, Ed. Leadership Indian River ComIrl\mity College Certificate #: 06064 . WORK £XPERI£NC£ Newberry 1ûgh Schoo1. Newberry, Florida 1967 - 68, Teacher of English 10, 11, 12, Spanish I; English Department Head 7 - 12 University of Florida Research Library, March 1968 - January 1969, Acqt1isitions Clerk m Gainesville High Schoo1. Gainesville, Florida, Feb1'11a1'Y 1969 - J\lJle 1971, Teacher of English 11; 1<eyette Advisor; Jt1nior Class Sponsor (Prom) Fort Pierce Central High Schoo1. Fort Pierce, Florida, 1983 - 1986, Teacher of English 9 and 11, Journali~ newspaper advisor, Sophomore Class sponsor Lincoln Park Academy, Fort Pierce, Florida, 1986 - 2001, Teacher of English 9, 10, and 11 Pre-lB, IB, and on-1EWe1. Creative Writing; fO\mding Coordinator of International Baccala\11'eate Program 1989 - 1993; High School Department Head 1987 - 1991; English Department Head 1996 - 2001; Sttulent CO\mcil sponsor 1986 - 1988; Spelling Bee Coordinator 1986 - 1989; Peer Teacher and Other Professional £dtlcator ~ """ 198'9 - 1997; Newspaper advisor 1992 - 1993; Career and Scholarship Resource Person 1993 - 1994; English Department Head 6 - 12 1996 - present Holt, Rinehart., Winston Poblishing Co., Consultant for Adventures in Literature, 2000 Subdivision Developer 1993 - 2002 Leaming Manager, Adult Education. Indian River Community College, part-time; September 2001 - present Consultant for Advanced Placement Program at Lincoln Park Academy, Jan~ - May 2003 Consultant for Eighth Grade FCAT Florida Writes, Lincoln Park Academy, Jan\la1'Y - February 2004 · VOLUNT£bR ~CE Newbeny High Scboo11967: Senior Class sponsor Gainesville High Scboo11970 - 19711<e9ette sponsor; Junior Class and prom sponsor St. Andrew's Episcopal SchooL Fort Pierce, Florida, March - June 1979, Teacher of English 7 and 8' Pine Wood Community SchooL Fort Pierce, Florida 1979 - 198'1, Teacher of first and second grades, Teacher of music, Member of Board of Directors League of Women Voters ofSt. Lucie County, member 1979 - present; President 198'1- 198'3 St. Lucie County Library Association member 198'1 - 198'3, secretary 198'2 - 198'3 Chamber of Commerce Leadership St. Lucie I, founding committee program Chairperson. participant and graduate 198'2 - 198'3 First United Methodist Church Education Committee 198'8' - 1993; Trustee 1994 - 1997, secretary of Trustees 1996 - 1998' St. Lucie County Library Advisory Board member 1994 - 1997 Congressional Awards Council member, District 16, 198'6 - 1995 Sponsor of numerous Congressional Award candidates 198'5 - present Congressional Awards Council President, District 16, 1990 - 1995 STUDENTS AGAINST DRIVING DRUNK founding sponsor at Fort Pierce Central High Schoo1198'4 - 198'6, won $4,000 scholarship for projects; Lincoln Park Academy founding sponsor 198'6 - 198'7 Sponsor of numerous Young Floridian candidates 198'5 - present Award Nomination Writing Teams for school district 1990, 1992 Regional Spelling Bee Enunciator, 1992 District Spelling Bee Enunciator, 1993 District Spelling Bee Enunciator, 1994 >' -..... ..I Regional Spelling Bee Emmciator 1995 Guest Speaker Senior Pinning Ceremony, Lincoln Park Academy, 1993 Dedication Speaker for Hurston Library, Lincoln Park Academy, 1994 Awards Assembly committee member, Lincoln Park Academy, 198'6 - Present Budget Committee chairperson, Lincoln Park Academy, 1992 - 1994 Lincoln Park Academy Blue Ribbon Proposal Committee Member, 1999 Y oong Floridian Coordinator for Lincoln Park Academy, 2000 - 2001 School Advisory Council Member, Lincoln Park Academy, 200z - present Read for WQCS Reader Serrices for Sight-hnpaire~ June 200z - present Lincoln Park Academy Spelling Bee Pronouncer, December 2003 Francis K Sweet Spelling Bee Judge, January 2004 . AWARDS AND HONORS Leadership St. Lucie I graduate; program co-chair Teacher of the Month, Fort Pierce Central High Schoo], October 198'4 and February 198'6 General Development Corporation's Young Floridian Teacher of the Year 1990 Speaker, International Baccalaureate Pinning Ceremony, April 2000 . MEMBERSHIP IN ORGANIZATIONS Florida Council of Teacher of English 1990 - 1997 National Council of Teachers of English 198'3 - 1990 Fort Pierce - St. Lucie County Chamber of Commerce 198'2 - 1995 League of Women Voters 1979 - present Congressional Awards Council District 16, 198'6 - 1995 National Organization for Women 1979 - present St. Lucie Reading Council 198'8' - present First United Methodist Church, Fort Pierce 198'2 - present Association for SupeMsion and Curriculum Development 1990 Democratic Women's Club 198'0 - present American Association of University Women 198'2 - present American Federation of Teachers 198'5 - present Treasure Coast Gator Club 198'5 - present Consel'V'ation Alliance 198'5 - present Phi Kappa Phi Education Honor Society 1992 - present . . . . '" ,...., . SPbCIAL TRAINING Facilitathre Leadership Workshop Fall 1993 Leadership and S\lpervisory Skills for Women October 1993 Snglish for Speakers of Other Lang\lages 60 ho1l1'S 1992 Peer Teacher Training 1999 Advanced Placement English Vertical Training S\lIntner 1999 N1.1Inerou.s International Bacca1a1l1'eate Seminars 1999 - present ''f!! I ... '" AGENDA REQUEST DATE: JUNE 15, 2004 ,..." ITEM NO. 98 REGULAR [] PUBLIC HEARING [] CONSENT [X] SUB1ECT: Permission to advertise for applicants for th County to be submitted to the Office of the position that will become vacant November TO: SUBMITTED BY (DEPT): Board of County Commissioners Administration BACKGROUND: Please see attached letter. FUNDS AVAILABLE: N/ A PREVIOUS ACTION: N/ A RECOMMENDATION: Staff recommends that the Board grant permission to advertise for applicants for the Children's Services Council of St. Lucie County to be submitted to the Office of the Governor, for consideration of appointed position that will become vacant November 13, 2004. 'K APPROVED [] OTH ER: [] DENIED CONCURRENCE: /124 Douglas M. Anderson County Administrator COMMISSION ACTION: Approved 5-0 Review and Approvals County Attorney: _ Management & Budget: - Originating Dept: Other: Finance: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 ~ '\ ..... Children's Services Council inve5t in the flAtlAre inve5t in c.hildren 250 NW Country Club Dr. Suite 240 Port St. Lucie, FL 34986 Phone: 772-462-2143 Fax 772-462-2134 www.cscslc.org COUNCIL MEMBERS Chair Kathryn Hensley School Board Member Vice-Chair H.L. "V ern" Melvin District 15 Administrator Dept. of Children & Families Secretary Marilyn Lawless Corinne Behncke Governor Appointed Burton Conner Circuit Court Judge Beth Gessner Governor Appointed Michael J. Lannon SuperintendentofSchoo~ Paula A. Lewis County Commissioner R. Duke Nelson Governor Appointed June 2, 2004 Mr. Douglas Anderson County Administrator St. Lucie County Administration Building 2300 Virginia Avenue Fort Pierce, Fl. 34982 Dear Mr. Anderson: .- " --- ;jß11 The appointment of Children's Services Council member, Mr. Garry Wilson, will expire as of November 13, 2004. The Board of County Commissioners must select three (3) names for submissions to the Office of the Governor, for consideration of this appointed position. Mr. Wilson has indicated to me that he would like to be considered for reappointment. Your prompt attention to this matter would be greatly appreciated. I feel it is important to give the Governor ample time to make his decision in a timely manner. Please provide me with the names that the Commissioners select for presentation to the Governor. Thank you for your cooperation in this matter. ~ Kath asi Ie Executive Director KBjpfr Cc: County Attorney Board of County Commissioners Children's Services Council Garry Wilson Governor Appointed ~. ....~._.. . . l ~..._\: (r c ;~~J n \-\,': / ( Executive Director Kathryn A. Basile ; n¡ \ 'I JUN L :; :. ;,' j The Mission of the Children's Services Council is "To Improve the Quality of Life for All Children in St. Lucie County" "\" '-' """'" t ITEM NO. /0 DATE: June 15.2004 - -:. '. ...... _ ....>'...... .'.\~-' -.'-. :-';.f. ...:_.~~. ... ..-.... -...... .... .-... AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) SUBMITTED BY (DEPT): UTILITIES DEPARTMENT ~~ P.M. Bowers Utility Director TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Staff requests approval of a Change Order with Astaldi Construction Corp. for construction services related to the Taylor Dairy Road water line extension in the amount of $75,122.00. FUNDS AVAILABLE: Funds to be made available 479-3600-563000-300 Improvements other than Building PREVIOUS ACTION: Board of County Commissioners approved contract #C03-07-506 dated July 22,2003 between St. Lucie County and Astaldi Construction Corporation. RECOMMENDATION: Staff recommends Board approval of the Change Order with Astaldi Construction Corp. for construction services in an amount of $75,122.00. COMMISSION ACTION: ~APPROVED 0 DENIED o OTHER: Approved 5-0 /~5G~t ~ ~ County Attorney: h .. - joriginating Dept: ~ Review and Approvals ¿;"anagement and Budget: W mrng_ / £::/ ì.J ~ purchaSingWI l o Other: o Other: o Finance: (Check for copy only, if applicable): Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community SeNÍces Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeüng. , ~ lJ UTILITY DEPARTMENT MEMORANDUM FROM: Board of County Commissioners P.M. Bowers, Utility Director~ TO: DATE: June 15, 2004 RE: Alstadli Construction Corp. - Change Order BACKGROUND: The Change Order with Astaldi Construction Corp. is for the additional footage for the point of connection with FPUA, which has been adjusted for the 1,200 foot of pipe that FPUA will not be installing. This is required due to the change in the proposed running of the water main line. Also included in this change order is the burying of all roadway valves, due to County maintenance department concerns about maintaining Taylor Dairy roadway after the pipeline is completed. RECOMMENDATION: Staff recommends Board approval of the Change Order with Astaldi Construction Corporation for construction services in an amount of $75,122.00. ~ 1..:wI CHANGE ORDER ST. LUCIE COUNTY PROJECT: (name, address) North County Utility Extension, Route #1 Taylor Dairy Road, Ft. pierce, FL TO (Contractor): \\sWc&.t CÓf\>5:V-L(..L{":O~ ~o,~, '6 ~ I.cj. ~~ ~ . «-'-I I ~ . ~Qð \J GL\h':. ft... 'z:;~~~~ You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - No) CHANGE ORDER NUMBER: ¿ INITIATION DATE: CONSULTANT'S PROJECT NO.: N/A ST. LUCIE COUNTY CONTRACT NO: ~.l!:Jz:r()ì' Sð& CONTRACT DATE "7[ ~ d3 The original (Contract Sum) was ................................................................................................................................................ $ 2 , 692,800 . 00 Net change by previous authorized Change orders ................................................................................................................... $ -623,640. 60 The (Contract Sum) prior to this Change Order was .................................................................................................................. $ 2 069 159 40 The (Contract Sum) will be (increased) " ' . by this Change Order ...................................................................................................................................... ........................... $ 75 , 122 . 00 The new (Contract Sum) including this Change Order will be ................................................................................................... $ 2 146 681 40 The Contract Time will be (increasedl (decreased) (unchanged) by .........................................................................( 15 ) Days' , . The Date of Substantial Completion as of the date of this Change Order therefore is: 7- / ~ - 00/ Funds Available: Account Number ~ 1<1- "6 ¿CD - 563000- 3ðO 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 owe. Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees tha stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associ with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this ConI Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increasE decreases In costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work a: forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change C represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is pro executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: Approved: St. Lucie County Department 2300 Virainia Ave.. Fort Pierce. FL 34982 Address 2205 14th Avenue. VeTO BeAr~. FL 32960 Address Ear~Masteller, PE, DEE By: i il99/f-k#(tt~ Date' ?!:;jo,/ Ag e o. 1,..(/'( ",' f--' By:_ Dete Authorized St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 Contractor (is~ 0ð(\~£. 8'"':L~ (,(j. ~".,h t)OUJl~, ¡?'- ~~ð By: Date _ (,/1 Jo~ Approved as to Form and Correctness ~ l,;oumy Attorney By: , ~ \ .."" PAY ITEMS UNIT Quantity UNIT AMOUNT PRICE LF 1,200 $ 38.00 $ 45,600.00 EA 1 $ 4,200.00 $ 4,200.00 LF 1,200 $ 4.15 $ 4,980.00 LF 1,200 $ 1.16 $ 1,392.00 EA 1 $ 2,750.00 $ 2,750.00 EA 28 $ 150.00 $ 4,200.00 LF 1,200 $ 10.00 $ 12,000.00 $ 75,122.00 ...." '..",/ Board of County Commission Meeting June 15,2004 Emergency funding on Prima Vista Roadway. Motion to authorize the County Administrator to declare an emergency and authorize emergency purchase order. Commission Action: [X] Approved 5-0 [ ] Other [ ] Denied D glas M. Anderson County Administrator --.I ""'" Board of County Commission Meeting June 15,2004 Criminal Justice System Assessment Motion to authorize staff to go out for Bids on the Criminal Justice System Assessment. [X) Approved 5-0 [ ) Other [ ) Denied o las M. Anderson County Administrator Commission Action: